I

103D CONGRESS

1ST SESSION H. R. 2847

To control and prevent crime.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 3, 1993

Mr. SENSENBRENNER introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

To control and prevent crime.

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

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

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

5 ‘‘Crime Control Act of 1993’’.

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

7 of contents for this Act:

Sec. 1. Short title and table of contents.

TITLE I—DEATH PENALTY

Sec. 101. Short title.

Sec. 102. Death penalty procedures.

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

facilities.

Sec. 104. Conforming amendment relating to espionage.

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

property by explosives.

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

property by explosives.

Sec. 108. Conforming amendment relating to murder.

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

Sec. 110. Murder by Federal prisoner.

Sec. 111. Conforming amendment relating to kidnapping.

Sec. 112. Conforming amendment relating to hostage taking.

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

Sec. 114. Conforming amendment relating to Presidential assassination.

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

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

Sec. 117. Conforming amendment relating to wrecking trains.

Sec. 118. Conforming amendment relating to bank robbery.

Sec. 119. Conforming amendment relating to terrorist acts.

Sec. 120. Conforming amendment relating to aircraft hijacking.

Sec. 121. Conforming amendment to controlled substances act.

Sec. 122. Conforming amendment relating to genocide.

Sec. 123. Protection of court officers and jurors.

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

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

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

assisting Federal law enforcement officers.

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

acts of violence at airports serving international civil aviation.

Sec. 128. Amendment to Federal Aviation Act.

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

Sec. 130. Torture.

Sec. 131. Weapons of mass destruction.

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

facilities.

Sec. 133. Death penalty for civil rights murders.

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

Sec. 135. Drive-by shootings.

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

drug trafficking crimes.

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

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

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

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

Sec. 141. Murder by escaped prisoners.

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

TITLE II—HABEAS CORPUS REFORM

Subtitle A—General Habeas Corpus Reform

Sec. 201. Short title.

Sec. 202. Period of limitation.

Sec. 203. Appeal.

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

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

Subtitle B—Death Penalty Litigation Procedures

Sec. 211. Short title for Subtitle B.

Sec. 212. Death penalty litigation procedures.

Subtitle C—Equalization of Capital Habeas Corpus Litigation Funding

Sec. 221. Funding for death penalty prosecutions.

TITLE III—EXCLUSIONARY RULE

Sec. 301. Admissibility of certain evidence.

TITLE IV—RURAL CRIME AND DRUG CONTROL

Subtitle A—Drug Trafficking in rural areas

Sec. 401. Authorizations for rural law enforcement agencies.

Sec. 402. Rural crime and drug enforcement task forces.

Sec. 403. Cross-designation of Federal officers.

Sec. 404. Rural drug enforcement training.

Subtitle B—Increases in Penalties for Certain Drug Trafficking Offenses

Sec. 411. Rural substance abuse treatment and education grants.

Subtitle C—Rural Drug Prevention and Treatment

Sec. 421. Asset forfeiture.

Sec. 422. Prosecution of clandestine laboratory operators.

TITLE V—FIREARMS AND RELATED AMENDMENTS

Subtitle A—General Provisions

Sec. 501. Smuggling firearms in aid of drug trafficking.

Sec. 502. Prohibition against theft of firearms or explosives.

Sec. 503. Increased penalty for knowingly false, material statement in connection with the acquisition of a firearm from a licensed dealer.

Sec. 504. Summary destruction of explosives subject to forfeiture.

Sec. 505. Elimination of outmoded language relating to parole.

Sec. 506. Receipt of firearms by nonresident.

Sec. 507. Prohibition of theft of firearms or explosives from licensee.

Sec. 508. Increased penalty for interstate gun trafficking.

Sec. 509. Prohibition of transactions involving stolen firearms which have

moved in interstate or foreign commerce.

Sec. 510. Possession of explosives by felons and others.

Sec. 511. Disposition of forfeited firearms.

Sec. 512. Definition of burglary under the armed career criminal statute.

Subtitle B—Brady Handgun Violence Prevention Act

Sec. 521. Short title.

Sec. 522. Federal firearms licensee required to conduct criminal background

check before transfer of firearm to nonlicensee.

Sec. 523. National instant criminal background check system.

Sec. 524. Funding for improvement of criminal records.
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TITLE VI—JUVENILES AND GANGS

Sec. 601. Short title.

Subtitle A—Increased Penalties for Employing Children to Distribute Drugs

Near Schools and Playgrounds

Sec. 611. Strengthened Federal penalties.

Subtitle B—Antigang Provisions

Sec. 621. Grant program.

Sec. 622. Conforming repealer and amendments.

Sec. 623. Criminal street gangs.

Subtitle C—Juvenile Penalties

Sec. 631. Treatment of violent juveniles as adults.

Sec. 632. Serious drug offenses by juveniles as armed career criminal act

predicates.

Sec. 633. Certainty of punishment for young offenders.

Subtitle D—Other Provisions

Sec. 641. Bindover system for certain violent juveniles.

Sec. 642. Gang investigation coordination and information collection.

Sec. 643. Clarification of requirement that any prior record of a juvenile be

produced before the commencement of juvenile proceedings.

TITLE VII—TERRORISM AND INTERNATIONAL MATTERS

Sec. 701. Terrorism civil remedy.

Sec. 702. Providing material support to terrorists.

Sec. 703. Forfeiture of assets used to support terrorists.

Sec. 704. Alien witness cooperation.

Sec. 705. Territorial sea extending to 12 miles included in special maritime and

territorial jurisdiction.

Sec. 706. Assimilated crimes in extended territorial sea.

Sec. 707. Jurisdiction over crimes against United States nationals on certain

foreign ships.

Sec. 708. Penalties for international terrorist acts.

Sec. 709. Authorization of appropriations.

Sec. 710. Enhanced penalties for certain offenses.

Sec. 711. Sentencing guidelines increase for terrorist crimes.

Sec. 712. Extension of the statute of limitations for certain terrorism offenses.

Sec. 713. International parental kidnapping.

Sec. 714. Foreign murder of United States nationals.

Sec. 715. Extradition.

Sec. 716. FBI access to telephone subscriber information.

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

RIGHTS

Subtitle A—Sexual Violence and Child Abuse

Sec. 800. Short title.

CHAPTER 1—SEXUAL VIOLENCE
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SUBCHAPTER A—PENALTIES AND REMEDIES

Sec. 801. Pre-trial detention in sex offense cases.

Sec. 802. Death penalty for murders committed by sex offenders.

Sec. 803. Increased penalties for recidivist sex offenders.

Sec. 804. Increased penalties for sex offenses against victims below the age of

16.

Sec. 805. Sentencing guidelines increase for sex offenses.

Sec. 806. HIV testing and penalty enhancement in sexual offense cases.

Sec. 807. Payment of cost of HIV testing for victims in sex offense cases.

Sec. 808. Extension and strengthening of restitution.

Sec. 809. Enforcement of restitution orders through suspension of Federal

benefits.

Sec. 810. Civil remedy for victims of sexual violence.

SUBCHAPTER B—RULES OF EVIDENCE, PRACTICE, AND PROCEDURE

Sec. 821. Admissibility of evidence of similar crimes in sex offense cases.

Sec. 822. Extension and strengthening of rape victim shield law.

Sec. 823. Inadmissibility of evidence to show provocation or invitation by victim

in sex offense cases.

Sec. 824. Right of the victim to fair treatment in legal proceedings.

Sec. 825. Victim’s right of allocution in sentencing.

Sec. 826. Victim’s right of privacy.

SUBCHAPTER C—SAFE CAMPUSES

Sec. 831. National baseline study on campus sexual assault.

SUBCHAPTER D—ASSISTANCE TO STATES AND LOCALITIES

Sec. 841. Sexual violence grant program.

Sec. 842. Supplementary grants for States adopting effective laws relating to

sexual violence.

CHAPTER 2—DOMESTIC VIOLENCE AND OFFENSES AGAINST THE FAMILY

Sec. 851. Noncompliance with child support obligations in interstate cases.

Sec. 852. Full faith and credit for protective orders.

Sec. 853. Presumption against child custody for spouse abusers.

Sec. 854. Report on battered women’s syndrome.

Sec. 855. Report on confidentiality of addresses for victims of domestic

violence.

Sec. 856. Report on recordkeeping relating to domestic violence.

Sec. 857. Domestic violence and family support grant program.

CHAPTER 3—NATIONAL TASK FORCE ON VIOLENCE AGAINST WOMEN

Sec. 861. Establishment.

Sec. 862. Duties of task force.

Sec. 863. Membership.

Sec. 864. Pay.

Sec. 865. Executive director and staff.

Sec. 866. Powers of task force.

Sec. 867. Report.

Sec. 868. Authorization of appropriation.

Sec. 869. Termination.
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Subtitle B—Victims’ Rights

Sec. 871. Restitution amendments.

Sec. 872. Right of the victim to an impartial jury.

Sec. 873. Mandatory restitution and other provisions.

Subtitle C—National Child Protection Act

Sec. 881. Short title.

Sec. 882. Findings and purposes.

Sec. 883. Definitions.

Sec. 884. Reporting by the States.

Sec. 885. Background checks.

Sec. 886. Funding for improvement of child abuse crime information.

Subtitle D—Jacob Wetterling Crimes Against Children Registration Act

Sec. 891. Short title.

Sec. 892. Establishment of program.

Sec. 893. State compliance.

TITLE IX—EQUAL JUSTICE ACT

Sec. 901. Short title.

Sec. 902. Prohibition of racially discriminatory policies concerning capital punishment or other penalties.

Sec. 903. General safeguards against racial prejudice or bias in the tribunal.

Sec. 904. Federal capital cases.

Sec. 905. Extension of protection of civil rights statutes.

TITLE X—FUNDING, GRANT PROGRAMS, AND STUDIES

Subtitle A—Safer Streets and Neighborhoods

Sec. 1001. Short title.

Sec. 1002. Grants to State and local agencies for the hiring of law enforcement

personnel.

Sec. 1003. Continuation of Federal-State funding formula.

Sec. 1004. Equity in funding.

Subtitle B—Retired Public Safety Officer Death Benefit

Sec. 1011. Retired public safety officer death benefit.

Subtitle C—Study on Police Officers’ Rights

Sec. 1021. Study on police officers’ rights.

Subtitle D—Cop-on-the-Beat Grants

Sec. 1031. Short title.

Sec. 1032. Cop-on-the-beat grants.

Subtitle E—National Commission to Support Law Enforcement

Sec. 1041. Short title.

Sec. 1042. Findings.

Sec. 1043. Establishment of commission.

Sec. 1044. Duties.
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Sec. 1045. Membership.

Sec. 1046. Experts and consultants.

Sec. 1047. Powers of commission.

Sec. 1048. Report.

Sec. 1049. Termination.

Sec. 1050. Repeals.

Subtitle F—Other Provisions

Sec. 1062. Law enforcement family support.

Sec. 1063. Notice of release of prisoners.

TITLE XI—ILLEGAL DRUGS

Subtitle A—Drug Testing

Sec. 1101. Drug testing of Federal offenders on post-conviction release.

Subtitle B—Precursor Chemicals

Sec. 1121. Short title.

Sec. 1122. Definition amendments.

Sec. 1123. Registration requirement.

Sec. 1124. Reporting of listed chemical manufacturing.

Sec. 1125. Reports by brokers and traders; criminal penalties.

Sec. 1126. Exemption authority; additional penalties.

Sec. 1127. Amendments to list I.

Sec. 1128. Elimination of regular supplier status and creation of regular

importer status.

Sec. 1129. Administrative inspections and authority.

Sec. 1130. Threshold amounts.

Sec. 1131. Management of listed chemicals.

Sec. 1132. Attorney General access to the National Practitioner Data Bank.

Sec. 1133. Regulations and effective date.

Subtitle C—Other Provisions

Sec. 1141. Advertisements of controlled substances.

Sec. 1142. Closing of loophole for illegal importation of small drug quantities.

Sec. 1143. Drug paraphernalia amendment.

Sec. 1144. Conforming amendment adding certain drug offenses as requiring

fingerprinting and records for recidivist juveniles.

Sec. 1145. Clarification of narcotic or other dangerous drugs under RICO.

Sec. 1146. Conforming amendments to recidivist penalty provisions of the Controlled Substances Act and the Controlled Substances Import

and Export Act.

Sec. 1147. Elimination of outmoded language relating to parole.

Sec. 1148. Drugged or drunk driving child protection.

Sec. 1149. Eviction from places maintained for manufacturing, distributing, or

using controlled substances.

Sec. 1150. Anabolic steroids penalties.

Sec. 1151. Program to provide public awareness of the provisions of law that

condition portions of a State’s Federal highway funding on the

State’s enactment of legislation requiring the revocation of the

driver’s licenses of convicted drug abusers.

Sec. 1152. Drug abuse resistance education programs.
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Sec. 1153. Misuse of the words ‘‘Drug Enforcement Administration’’ or the

initials ‘‘DEA’’.

TITLE XII—PUBLIC CORRUPTION

Sec. 1201. Short title.

Sec. 1202. Public corruption.

Sec. 1203. Interstate commerce.

Sec. 1204. Narcotics-related public corruption.

TITLE XIII—GENERAL PROVISIONS

Subtitle A—Violent Crimes

Sec. 1301. Addition of attempted robbery, kidnapping, smuggling, and property

damage offenses to eliminate inconsistencies and gaps in

coverage.

Sec. 1302. Increase in maximum penalty for assault.

Sec. 1303. Increased maximum penalty for manslaughter.

Sec. 1304. Increased penalty for travel act violations.

Sec. 1305. Increased penalty for conspiracy to commit murder for hire.

Subtitle B—Civil Rights Offenses

Sec. 1311. Increased maximum penalties for civil rights violations.

Subtitle C—White Collar and Property Crimes

Sec. 1321. Receipt of proceeds of a postal robbery.

Sec. 1322. Receipt of proceeds of extortion or kidnapping.

Sec. 1323. Conforming addition to obstruction of civil investigative demand

statute.

Sec. 1324. Conforming addition of predicate offenses to financial institutions

rewards statute.

Sec. 1325. Definition of savings and loan association in bank robbery statute.

Sec. 1326. Conforming definition of ‘‘1 year period’’ in 18 U.S.C. 1516.

Sec. 1327. Financial institutions fraud.

Sec. 1328. Wiretaps.

Sec. 1329. Knowledge requirement for stolen or counterfeit property.

Sec. 1330. Mail fraud.

Sec. 1331. Fraud and related activity in connection with access devices.

Sec. 1332. Increased penalties for trafficking in counterfeit goods and services.

Sec. 1333. Computer abuse amendments act of 1993.

Sec. 1334. Notification of law enforcement officers of discoveries of controlled

substances or large amounts of cash in weapons screening.

Subtitle D—Other Provisions

Sec. 1361. Optional venue for espionage and related offenses.

Sec. 1362. Required reporting by criminal court clerks.

Sec. 1363. Audit requirement for State and local law enforcement agencies receiving Federal asset forfeiture funds and report to Congress

on administrative expenses.

Sec. 1364. DNA identification.

Sec. 1365. Safe schools.

TITLE XIV—TECHNICAL CORRECTIONS
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Sec. 1401. Amendments relating to Federal financial assistance for law enforcement.

Sec. 1402. General title 18 corrections.

Sec. 1403. Corrections of erroneous cross references and misdesignations.

Sec. 1404. Obsolete provisions in title 18.

Sec. 1405. Correction of drafting error in the Foreign Corrupt Practices Act.

Sec. 1406. Elimination of redundant penalty.

Sec. 1407. Corrections of misspellings and grammatical errors.

TITLE XV—FEDERAL LAW ENFORCEMENT AGENCIES

Sec. 1501. Short title.

Sec. 1502. Authorization of appropriations for Federal law enforcement

agencies.

TITLE XVI—FEDERAL PRISONS

Sec. 1601. Authorization of appropriations for new prison construction.

TITLE XVII—PRE-TRIAL INTERROGATION

TITLE XVIII—FUNDING

Sec. 1801. Funding of spending through rescissions.

1 TITLE I—DEATH PENALTY

2 SEC. 101. SHORT TITLE.

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

4 Act of 1993’’.

5 SEC. 102. DEATH PENALTY PROCEDURES.

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

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

8 by inserting after chapter 227 the following new chapter:

9 ‘‘CHAPTER 228—DEATH PENALTY

10 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.
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‘‘3599. Collateral attack on judgment imposing sentence of death.

‘‘3600. Application in Indian country.

1 ‘‘§ 3591. Sentence of death

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

3 ‘‘(1) an offense described in section 794 or sec4 tion 2381;

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

6 the offense, as determined beyond a reasonable

7 doubt at a hearing under section 3593, constitutes

8 an attempt to murder the President of the United

9 States and results in bodily injury to the President

10 or comes dangerously close to causing the death of

11 the President;

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

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

14 848(c)(1)), committed as part of a continuing crimi15 nal enterprise offense under the conditions described

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

17 less than twice the quantity of controlled substance

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

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

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

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

22 848(c)(1)), committed as part of a continuing crimi23 nal enterprise offense under that section, where the

24 defendant is a principal administrator, organizer, or
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1 leader of such an enterprise, and the defendant, in

2 order to obstruct the investigation or prosecution of

3 the enterprise or an offense involved in the enter4 prise, attempts to kill or knowingly directs, advises,

5 authorizes, or assists another to attempt to kill any

6 public officer, juror, witness, or members of the fam7 ily or household of such a person;

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

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

10 seq.), the Controlled Substances Import and Export

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

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

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

14 or acting with reckless disregard for human life, en15 gages in such a violation, and the death of another

16 person results in the course of the violation or from

17 the use of the controlled substance involved in the

18 violation; or

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

20 death is provided if the defendant, as determined be21 yond a reasonable doubt at a hearing under section

22 3593, caused the death of a person intentionally,

23 knowingly, or through recklessness manifesting ex24 treme indifference to human life, or caused the
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1 death of a person through the intentional infliction

2 of serious bodily injury,

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

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

5 held pursuant to section 3593, it is determined that impo6 sition of a sentence of death is justified, except that no

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

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

9 retarded.

10 ‘‘§ 3592. Factors to be considered in determining

11 whether a sentence of death is justified

12 ‘‘(a) MITIGATING FACTORS.—In determining wheth13 er a sentence of death is justified for any offense, the jury,

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

15 the following mitigating factors and determine which, if

16 any, exist:

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

18 mental capacity to appreciate the wrongfulness of

19 his conduct or to conform his conduct to the require20 ments of law was significantly impaired, regardless

21 of whether the capacity was so impaired as to con22 stitute a defense to the charge.

23 ‘‘(2) DURESS.—The defendant was under un24 usual and substantial duress, regardless of whether
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1 the duress was of such a degree as to constitute a

2 defense to the charge.

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

4 defendant’s participation in the offense, which was

5 committed by another, was relatively minor, regard6 less of whether the participation was so minor as to

7 constitute a defense to the charge.

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

9 The defendant did not have a significant history of

10 other criminal conduct.

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

12 the offense under severe mental or emotional dis13 turbance.

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

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

16 death.

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

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

19 character or record or any other circumstance of the of20 fense that the defendant may proffer as a mitigating fac21 tor exists.

22 ‘‘(b) AGGRAVATING FACTORS FOR ESPIONAGE AND

23 TREASON.—In determining whether a sentence of death

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

25 jury, or if there is no jury, the court, shall consider each
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1 of the following aggravating factors and determine which,

2 if any, exist:

3 ‘‘(1) PREVIOUS ESPIONAGE OR TREASON CON4 VICTION.—The defendant has previously been con5 victed of another offense involving espionage or trea6 son for which a sentence of life imprisonment or

7 death was authorized by statute.

8 ‘‘(2) RISK OF SUBSTANTIAL DANGER TO NA9 TIONAL SECURITY.—In the commission of the of10 fense the defendant knowingly created a grave risk

11 to the national security.

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

13 commission of the offense the defendant knowingly

14 created a grave risk of death to another person.

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

16 whether any other aggravating factor exists.

17 ‘‘(c) AGGRAVATING FACTORS FOR HOMICIDE AND

18 FOR ATTEMPTED MURDER OF THE PRESIDENT.—In de19 termining whether a sentence of death is justified for an

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

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

22 following aggravating factors and determine which, if any,

23 exist:

24 ‘‘(1) CONDUCT OCCURRED DURING COMMISSION

25 OF SPECIFIED CRIMES.—The conduct resulting in
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1 death occurred during the commission or attempted

2 commission of, or during the immediate flight from

3 the commission of, an offense under section 32 (de4 struction of aircraft or aircraft facilities), section 33

5 (destruction of motor vehicles or motor vehicle facili6 ties), section 36 (violence at international airports),

7 section 351 (violence against Members of Congress,

8 Cabinet officers, or Supreme Court Justices), section

9 751 (prisoners in custody of institution or officer),

10 section 794 (gathering or delivering defense informa11 tion to aid foreign government), section 844(d)

12 (transportation of explosives in interstate commerce

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

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

15 (destruction of property affecting interstate com16 merce by explosives), section 1116 (killing or at17 tempted killing of diplomats), section 1118 (pris18 oners serving life term), section 1201 (kidnapping),

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

20 against the President or Presidential staff), section

21 1992 (wrecking trains), section 2280 (maritime vio22 lence), section 2281 (maritime platform violence),

23 section 2332 (terrorist acts abroad against United

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

25 mass destruction), or section 2381 (treason) of this
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1 title, section 1826 of title 28 (persons in custody as

2 recalcitrant witnesses or hospitalized following insan3 ity acquittal), or section 902 (i) or (n) of the Fed4 eral Aviation Act of 1958 (49 U.S.C. App. 1472 (i)

5 or (n) (aircraft piracy)).

6 ‘‘(2) INVOLVEMENT OF FIREARM OR PREVIOUS

7 CONVICTION OF VIOLENT FELONY INVOLVING FIRE8 ARM.—The defendant—

9 ‘‘(A) during and in relation to the commis10 sion of the offense or in escaping or attempting

11 to escape apprehension used or possessed a fire12 arm (as defined in section 921); or

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

14 Federal or State offense punishable by a term

15 of imprisonment of more than 1 year, involving

16 the use of attempted or threatened use of a

17 firearm (as defined in section 921), against an18 other person.

19 ‘‘(3) PREVIOUS CONVICTION OF OFFENSE FOR

20 WHICH A SENTENCE OF DEATH OR LIFE IMPRISON21 MENT WAS AUTHORIZED.—The defendant has pre22 viously been convicted of another Federal or State

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

24 a sentence of life imprisonment or death was author25 ized by statute.
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1 ‘‘(4) PREVIOUS CONVICTION OF OTHER SERI2 OUS OFFENSES.—The defendant has previously been

3 convicted of 2 or more Federal or State offenses,

4 each punishable by a term of imprisonment of more

5 than 1 year, committed on different occasions, in6 volving the importation, manufacture, or distribution

7 of a controlled substance (as defined in section 102

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

9 or the infliction of, or attempted infliction of, serious

10 bodily injury or death upon another person.

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

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

13 offense or in escaping or attempting to escape ap14 prehension, knowingly created a grave risk of death

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

16 the offense.

17 ‘‘(6) HEINOUS, CRUEL OR DEPRAVED MANNER

18 OF COMMISSION.—The defendant committed the of19 fense in an especially heinous, cruel, or depraved

20 manner in that it involved torture or serious physical

21 abuse to the victim.

22 ‘‘(7) PROCUREMENT OF OFFENSE BY PAY23 MENT.—The defendant procured the commission of

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

25 anything of pecuniary value.
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1 ‘‘(8) COMMISSION OF THE OFFENSE FOR PECU2 NIARY GAIN.—The defendant committed the offense

3 as consideration for the receipt, or in the expectation

4 of the receipt, of anything of pecuniary value.

5 ‘‘(9) SUBSTANTIAL PLANNING AND

6 PREMEDITATION.—The defendant committed the of7 fense after substantial planning and premeditation.

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

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

10 infirmity.

11 ‘‘(11) TYPE OF VICTIM.—The defendant com12 mitted the offense against—

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

14 the President-elect, the Vice President, the Vice

15 President-elect, the Vice President-designate,

16 or, if there was no Vice President, the officer

17 next in order of succession to the office of the

18 President of the United States, or any person

19 acting as President under the Constitution and

20 laws of the United States;

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

22 or the political equivalent, of a foreign nation;

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

24 1116(b)(3)(A), if that official was in the United

25 States on official business; or
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1 ‘‘(D) a Federal public servant who was

2 outside of the United States or who was a Fed3 eral judge, a Federal law enforcement officer,

4 an employee (including a volunteer or contract

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

6 the Federal Bureau of Prisons—

7 ‘‘(i) while such public servant was en8 gaged in the performance of his official du9 ties;

10 ‘‘(ii) because of the performance of

11 such public servant’s official duties; or

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

13 status as a public servant.

14 For purposes of this paragraph, the terms ‘Presi15 dent-elect’ and ‘Vice President-elect’ mean such per16 sons as are the apparent successful candidates for

17 the offices of President and Vice President, respec18 tively, as ascertained from the results of the general

19 elections held to determine the electors of President

20 and Vice President in accordance with sections 1

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

22 is a public servant authorized by law or by a Gov23 ernment agency or Congress to conduct or engage in

24 the prevention, investigation, or prosecution of an

25 offense; ‘Federal prison’ means a Federal correc-
20

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1 tional, detention, or penal facility, Federal commu2 nity treatment center, or Federal halfway house, or

3 any such prison operated under contract with the

4 Federal Government; and ‘Federal judge’ means any

5 judicial officer of the United States, and includes a

6 justice of the Supreme Court and a United States

7 magistrate judge.

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

9 whether any other aggravating factor exists.

10 ‘‘(d) AGGRAVATING FACTORS FOR DRUG OFFENSE

11 DEATH PENALTY.—In determining whether a sentence of

12 death is justified for an offense described in section 3591

13 (3), (4), or (5), the jury, or if there is no jury, the court,

14 shall consider each of the following aggravating factors

15 and determine which, if any, exist:

16 ‘‘(1) PREVIOUS CONVICTION OF OFFENSE FOR

17 WHICH A SENTENCE OF DEATH OR LIFE IMPRISON18 MENT WAS AUTHORIZED.—The defendant has pre19 viously been convicted of another Federal or State

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

21 a sentence of life imprisonment or death was author22 ized by statute.

23 ‘‘(2) PREVIOUS CONVICTION OF OTHER SERI24 OUS OFFENSES.—The defendant has previously been

25 convicted of two or more Federal or State offenses,
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1 each punishable by a term of imprisonment of more

2 than one year, committed on different occasions, in3 volving the importation, manufacture, or distribution

4 of a controlled substance (as defined in section 102

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

6 or the infliction of, or attempted infliction of, serious

7 bodily injury or death upon another person.

8 ‘‘(3) PREVIOUS SERIOUS DRUG FELONY CONVIC9 TION.—The defendant has previously been convicted

10 of another Federal or State offense involving the

11 manufacture, distribution, importation, or possession

12 of a controlled substance± (as defined in section 102

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

14 for which a sentence of five or more years of impris15 onment was authorized by statute.

16 ‘‘(4) USE OF FIREARM.—In committing the of17 fense, or in furtherance of a continuing criminal en18 terprise of which the offense was a part, the defend19 ant used a firearm or knowingly directed, advised,

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

21 defined in section 921) to threaten, intimidate, as22 sault, or injure a person.

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

24 The offense, or a continuing criminal enterprise of

25 which the offense was a part, involved conduct pro-
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1 scribed by section 418 of the Controlled Substances

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

3 by the defendant or for which the defendant would

4 be liable under section 2 of this title.

5 ‘‘(6) DISTRIBUTION NEAR SCHOOLS.—The of6 fense, or a continuing criminal enterprise of which

7 the offense was a part, involved conduct proscribed

8 by section 419 of the Controlled Substances Act (21

9 U.S.C. 860) which was committed directly by the de10 fendant or for which the defendant would be liable

11 under section 2 of this title.

12 ‘‘(7) USING MINORS IN TRAFFICKING.—The of13 fense, or a continuing criminal enterprise of which

14 the offense was a part, involved conduct proscribed

15 by section 420 of the Controlled Substances Act (21

16 U.S.C. 861) which was committed directly by the de17 fendant or for which the defendant would be liable

18 under section 2 of this title.

19 ‘‘(8) LETHAL ADULTERANT.—The offense in20 volved the importation, manufacture, or distribution

21 of a controlled substance (as defined in section 102

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

23 mixed with a potentially lethal adulterant, and the

24 defendant was aware of the presence of the

25 adulterant.
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1 The jury, or if there is no jury, the court, may consider

2 whether any other aggravating factor exists.

3 ‘‘§ 3593. Special hearing to determine whether a sen4 tence of death is justified

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

6 Government intends to seek the death penalty for an of7 fense described in section 3591, the attorney for the Gov8 ernment, a reasonable time before the trial, or before ac9 ceptance by the court of a plea of guilty, or at such time

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

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

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

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

14 set forth the aggravating factor or factors enumerated in

15 section 3592, and any other aggravating factor not specifi16 cally enumerated in section 3592, that the Government,

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

18 for the death penalty. The factors for which notice is pro19 vided under this subsection may include factors concerning

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

21 family. The court may permit the attorney for the Govern22 ment to amend the notice upon a showing of good cause.

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

24 the attorney for the Government has filed a notice as re25 quired under subsection (a) and the defendant is found
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•HR 2847 IH

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

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

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

4 shall conduct a separate sentencing hearing to determine

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

6 no presentence report shall be prepared by the United

7 States Probation Service, notwithstanding the provisions

8 of the Federal Rules of Criminal Procedure. The hearing

9 shall be conducted—

10 ‘‘(1) before the jury that determined the de11 fendant’s guilt;

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

13 the hearing if—

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

15 plea of guilty;

16 ‘‘(B) the defendant was convicted after a

17 trial before the court sitting without a jury;

18 ‘‘(C) the jury that determined the defend19 ant’s guilt was discharged for good cause; or

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

21 under this section, reconsideration of the sen22 tence under the section is necessary; or

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

24 defendant and with the approval of the attorney for

25 the Government.
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1 A jury impaneled pursuant to paragraph (2) shall consist

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

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

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

5 ‘‘(c) PROOF OF MITIGATING AND AGGRAVATING FAC6 TORS.—At the hearing, information may be presented as

7 to—

8 ‘‘(1) any matter relating to any mitigating fac9 tor listed in section 3592 and any other mitigating

10 factor; and

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

12 factor listed in section 3592 for which notice has

13 been provided under subsection (a) and (if informa14 tion is presented relating to such a listed factor) any

15 other aggravating factor for which notice has been

16 so provided.

17 The information presented may include the trial transcript

18 and exhibits. Any other information relevant to such miti19 gating or aggravating factors may be presented by either

20 the Government or the defendant. The information pre21 sented by the Government in support of factors concerning

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

23 family may include oral testimony, a victim impact state24 ment that identifies the victim of the offense and the na25 ture and extent of harm and loss suffered by the victim
26

•HR 2847 IH

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

2 Information is admissible regardless of its admissibility

3 under the rules governing admission of evidence at crimi4 nal trials, except that information may be excluded if its

5 probative value is outweighed by the danger of creating

6 unfair prejudice, confusing the issues, or misleading the

7 jury. The attorney for the Government and for the defend8 ant shall be permitted to rebut any information received

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

10 present argument as to the adequacy of the information

11 to establish the existence of any aggravating or mitigating

12 factor, and as to the appropriateness in that case of im13 posing a sentence of death. The attorney for the Govern14 ment shall open the argument. The defendant shall be per15 mitted to reply. The Government shall then be permitted

16 to reply in rebuttal. The burden of establishing the exist17 ence of an aggravating factor is on the Government, and

18 is not satisfied unless the existence of such a factor is es19 tablished beyond a reasonable doubt. The burden of estab20 lishing the existence of any mitigating factor is on the de21 fendant, and is not satisfied unless the existence of such

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

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

24 if there is no jury, the court, shall consider all the informa25 tion received during the hearing. It shall return special
27

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1 findings identifying any aggravating factor or factors set

2 forth in section 3592 found to exist and any other aggra3 vating factor for which notice has been provided under

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

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

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

7 existence of a mitigating factor may consider such factor

8 established for purposes of this section regardless of the

9 number of jurors who concur that the factor has been es10 tablished. A finding with respect to any aggravating factor

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

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

13 sentence other than death authorized by law.

14 ‘‘(e) RETURN OF A FINDING CONCERNING A SEN15 TENCE OF DEATH.—If, in the case of—

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

17 aggravating factor required to be considered under

18 section 3592(b) is found to exist;

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

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

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

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

23 (4), or (5), an aggravating factor required to be con24 sidered under section 3592(d) is found to exist,
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•HR 2847 IH

1 the jury, or if there is no jury, the court, shall then con2 sider whether the aggravating factor or factors found to

3 exist under subsection (d) outweigh any mitigating factor

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

5 recommend a sentence of death if it unanimously finds at

6 least one aggravating factor and no mitigating factor or

7 if it finds one or more aggravating factors which outweigh

8 any mitigating factors. In any other case, it shall not rec9 ommend a sentence of death. The jury shall be instructed

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

11 passion, prejudice, or other arbitrary factors in its deci12 sion, and should make such a recommendation as the in13 formation warrants.

14 ‘‘(f) SPECIAL PRECAUTION TO ASSURE AGAINST

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

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

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

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

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

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

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

22 unless it has concluded that it would recommend a sen23 tence of death for the crime in question no matter what

24 the race, color, religion, national origin, or sex of the de25 fendant or of any victim may be. The jury, upon return
29

•HR 2847 IH

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

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

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

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

5 in reaching his or her individual decision and that the indi6 vidual juror would have made the same recommendation

7 regarding a sentence for the crime in question no matter

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

9 the defendant or any victim may be.

10 ‘‘§ 3594. Imposition of a sentence of death

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

12 that a sentence of death be imposed, the court shall sen13 tence the defendant to death. Otherwise the court shall

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

15 Notwithstanding any other provision of law, if the maxi16 mum term of imprisonment for the offense is life imprison17 ment, the court may impose a sentence of life imprison18 ment without the possibility of release.

19 ‘‘§ 3595. Review of a sentence of death

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

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

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

23 appeal of the sentence must be filed within the time speci24 fied for the filing of a notice of appeal of the judgment

25 of conviction. An appeal of the sentence under this section
30

•HR 2847 IH

1 may be consolidated with an appeal of the judgment of

2 conviction and shall have priority over all other cases.

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

4 entire record in the case, including—

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

6 ‘‘(2) the information submitted during the sen7 tencing hearing;

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

9 hearing; and

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

11 3593(d).

12 ‘‘(c) DECISION AND DISPOSITION.—

13 ‘‘(1) AFFIRMANCE.—If the court of appeals de14 termines that—

15 ‘‘(A) the sentence of death was not im16 posed under the influence of passion, prejudice,

17 or any other arbitrary factor;

18 ‘‘(B) the evidence and information support

19 the special findings of the existence of an ag20 gravating factor or factors; and

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

22 other prejudicial error requiring reversal of the

23 sentence that was properly preserved for and

24 raised on appeal,

25 it shall affirm the sentence.
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1 ‘‘(2) REMAND.—In a case in which the sentence

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

3 appeals shall remand the case for reconsideration

4 under section 3593 or for imposition of another au5 thorized sentence as appropriate, except that the

6 court shall not reverse a sentence of death on the

7 ground that an aggravating factor was invalid or

8 was not supported by the evidence and information

9 if at least one aggravating factor required to be con10 sidered under section 3592 remains which was found

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

12 submitted at trial and the information submitted at

13 the sentencing hearing, finds no mitigating factor or

14 finds that the remaining aggravating factor or fac15 tors which were found to exist outweigh any mitigat16 ing factors.

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

18 appeals shall state in writing the reasons for its dis19 position of an appeal of a sentence of death under

20 this section.

21 ‘‘§ 3596. Implementation of a sentence of death

22 ‘‘(a) IN GENERAL.—A person who has been sen23 tenced to death pursuant to this chapter shall be commit24 ted to the custody of the Attorney General until exhaus25 tion of the procedures for appeal of the judgment of con-
32

•HR 2847 IH

1 viction and for review of the sentence. When the sentence

2 is to be implemented, the Attorney General shall release

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

4 States Marshal, who shall supervise implementation of the

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

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

7 does not provide for implementation of a sentence of

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

9 which does so provide, and the sentence shall be imple10 mented in the manner prescribed by such law.

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

12 death shall not be carried out upon a person who lacks

13 the mental capacity to understand the death penalty and

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

15 she is pregnant.

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

17 No employee of any State department of corrections, the

18 Federal Bureau of Prisons, or the United States Marshals

19 Service, and no employee providing services to that depart20 ment, bureau, or service under contract shall be required,

21 as a condition of that employment or contractual obliga22 tion, to be in attendance at or to participate in any execu23 tion carried out under this section if such participation

24 is contrary to the moral or religious convictions of the em25 ployee. For purposes of this subsection, the term ‘partici-
33

•HR 2847 IH

1 pate in any execution’ includes personal preparation of the

2 condemned individual and the apparatus used for the exe3 cution, and supervision of the activities of other personnel

4 in carrying out such activities.

5 ‘‘§ 3597. Use of State facilities

6 ‘‘A United States Marshal charged with supervising

7 the implementation of a sentence of death may use appro8 priate State or local facilities for the purpose, may use

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

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

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

12 Attorney General.

13 ‘‘§ 3598. Appointment of counsel

14 ‘‘(a) REPRESENTATION OF INDIGENT DEFEND15 ANTS.—This section shall govern the appointment of coun16 sel for any defendant against whom a sentence of death

17 is sought, or on whom a sentence of death has been im18 posed, for an offense against the United States, where the

19 defendant is or becomes financially unable to obtain ade20 quate representation. Such a defendant shall be entitled

21 to appointment of counsel from the commencement of trial

22 proceedings until one of the conditions specified in section

23 3599(b) has occurred. This section shall not affect the ap24 pointment of counsel and the provision of ancillary legal

25 services under section 408(q) (4), (5), (6), (7), (8), (9),
34

•HR 2847 IH

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

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

3 ‘‘(b) REPRESENTATION BEFORE FINALITY OF JUDG4 MENT.—A defendant within the scope of this section shall

5 have counsel appointed for trial representation as provided

6 in section 3005. At least 1 counsel so appointed shall con7 tinue to represent the defendant until the conclusion of

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

9 with other qualified counsel.

10 ‘‘(c) REPRESENTATION AFTER FINALITY OF JUDG11 MENT.—When a judgment imposing a sentence of death

12 has become final through affirmance by the Supreme

13 Court on direct review, denial of certiorari by the Supreme

14 Court on direct review, or expiration of the time for seek15 ing direct review in the court of appeals or the Supreme

16 Court, the Government shall promptly notify the district

17 court that imposed the sentence. Within 10 days after re18 ceipt of such notice, the district court shall proceed to

19 make a determination whether the defendant is eligible

20 under this section for appointment of counsel for subse21 quent proceedings. On the basis of the determination, the

22 court shall issue an order—

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

24 the defendant upon a finding that the defendant is

25 financially unable to obtain adequate representation
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1 and wishes to have counsel appointed or is unable

2 competently to decide whether to accept or reject ap3 pointment of counsel;

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

5 the defendant rejected appointment of counsel and

6 made the decision with an understanding of its legal

7 consequences; or

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

9 a finding that the defendant is financially able to ob10 tain adequate representation.

11 Counsel appointed pursuant to this subsection shall be dif12 ferent from the counsel who represented the defendant at

13 trial and on direct review unless the defendant and counsel

14 request a continuation or renewal of the earlier represen15 tation.

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

17 In relation to a defendant who is entitled to appointment

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

19 for trial representation must have been admitted to the

20 bar for at least 5 years and have at least 3 years of experi21 ence in the trial of felony cases in the federal district

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

23 least 1 counsel so appointed must have been admitted to

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

25 experience in the litigation of felony cases in the Federal
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1 courts of appeals or the Supreme Court. The court, for

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

3 standards prescribed in the 2 preceding sentences, but

4 whose background, knowledge, or experience would other5 wise enable him or her to properly represent the defend6 ant, with due consideration of the seriousness of the pen7 alty and the nature of the litigation.

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

9 Except as otherwise provided in this section, section

10 3006A shall apply to appointments under this section.

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

12 The ineffectiveness or incompetence of counsel during pro13 ceedings on a motion under section 2255 of title 28 in

14 a capital case shall not be a ground for relief from the

15 judgment or sentence in any proceeding. This limitation

16 shall not preclude the appointment of different counsel at

17 any stage of the proceedings.

18 ‘‘§ 3599. Collateral attack on judgment imposing sen19 tence of death

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

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

22 and the judgment has become final as described in section

23 3598(c), a motion in the case under section 2255 of title

24 28 shall be filed within 90 days of the issuance of the

25 order relating to appointment of counsel under section
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1 3598(c). The court in which the motion is filed, for good

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

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

4 shall have priority over all noncapital matters in the dis5 trict court, and in the court of appeals on review of the

6 district court’s decision.

7 ‘‘(b) STAY OF EXECUTION.—The execution of a sen8 tence of death shall be stayed in the course of direct review

9 of the judgment and during the litigation of an initial mo10 tion in the case under section 2255 of title 28. The stay

11 shall run continuously following imposition of the sen12 tence, and shall expire if—

13 ‘‘(1) the defendant fails to file a motion under

14 section 2255 of title 28 within the time specified in

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

16 for court of appeals review following the denial of

17 such a motion by a district court;

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

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

20 motion under that section is denied and—

21 ‘‘(A) the time for filing a petition for cer22 tiorari has expired and no petition has been

23 filed;
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•HR 2847 IH

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

2 filed and the Supreme Court denied the peti3 tion; or

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

5 filed and upon consideration of the case, the

6 Supreme Court disposed of it in a manner that

7 left the capital sentence undisturbed; or

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

9 counsel and after having been advised of the con10 sequences of the decision to do so, the defendant

11 waives the right to file a motion under section 2255

12 of title 28.

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

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

15 court thereafter shall have the authority to enter a stay

16 of execution or grant relief in the case unless—

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

18 is a claim not presented in earlier proceedings;

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

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

21 violation of the Constitution or laws of the

22 United States;

23 ‘‘(B) the result of the Supreme Court rec24 ognition of a new Federal right that is retro25 actively applicable; or
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•HR 2847 IH

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

2 could not have been discovered through the ex3 ercise of reasonable diligence in time to present

4 the claim in earlier proceedings; and

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

6 sufficient, if proven, to undermine the court’s con7 fidence in the determination of guilt on the offense

8 or offenses for which the death penalty was imposed.

9 ‘‘§ 3600. Application in Indian country

10 ‘‘Notwithstanding sections 1152 and 1153, no person

11 subject to the criminal jurisdiction of an Indian tribal gov12 ernment shall be subject to a capital sentence under this

13 chapter for any offense the Federal jurisdiction for which

14 is predicated solely on Indian country as defined in section

15 1151 and which has occurred within the boundaries of

16 such Indian country, unless the governing body of the

17 tribe has made an election that this chapter have effect

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

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

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

21 adding after the item relating to chapter 227 the following

22 new item:

‘‘228. Death penalty procedures ................................................... 3591.’’.
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1 SEC. 103. CONFORMING AMENDMENT RELATING TO DE2 STRUCTION OF AIRCRAFT OR AIRCRAFT

3 FACILITIES.

4 Section 34 of title 18, United States Code, is amend5 ed by striking the comma after ‘‘life’’ and all that follows

6 through ‘‘order’’.

7 SEC. 104. CONFORMING AMENDMENT RELATING TO

8 ESPIONAGE.

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

10 amended by striking the period at the end and inserting

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

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

13 finds beyond a reasonable doubt at a hearing under sec14 tion 3593 that the offense directly concerned—

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

16 satellites, early warning systems, or other means of

17 defense or retaliation against large-scale attack;

18 ‘‘(2) war plans;

19 ‘‘(3) communications intelligence or cryp20 tographic information;

21 ‘‘(4) sources or methods of intelligence or coun22 terintelligence operations; or

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

24 element of defense strategy.’’.
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1 SEC. 105. CONFORMING AMENDMENT RELATING TO TRANS2 PORTING EXPLOSIVES.

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

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

5 title’’.

6 SEC. 106. CONFORMING AMENDMENT RELATING TO MALI7 CIOUS DESTRUCTION OF FEDERAL PROP8 ERTY BY EXPLOSIVES.

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

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

11 title’’.

12 SEC. 107. CONFORMING AMENDMENT RELATING TO MALI13 CIOUS DESTRUCTION OF INTERSTATE PROP14 ERTY BY EXPLOSIVES.

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

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

17 title’’.

18 SEC. 108. CONFORMING AMENDMENT RELATING TO

19 MURDER.

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

21 amended to read as follows:

22 ‘‘(b) Within the special maritime and territorial juris23 diction of the United States—

24 ‘‘(1) whoever is guilty of murder in the first de25 gree shall be punished by death or by imprisonment

26 for life; and
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1 ‘‘(2) whoever is guilty of murder in the second

2 degree shall be imprisoned for any term of years or

3 for life.’’.

4 SEC. 109. CONFORMING AMENDMENT RELATING TO KILL5 ING OFFICIAL GUESTS OR INTERNATIONALLY

6 PROTECTED PERSONS.

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

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

9 follows through ‘‘years’’.

10 SEC. 110. MURDER BY FEDERAL PRISONER.

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

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

13 section:

14 ‘‘§ 1118. Murder by a Federal prisoner

15 ‘‘(a) OFFENSE.—Whoever, while confined in a Fed16 eral prison under a sentence for a term of life imprison17 ment, murders another shall be punished by death or by

18 life imprisonment without the possibility of release.

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

20 ‘‘(1) ‘Federal prison’ means any Federal correc21 tional, detention, or penal facility, Federal commu22 nity treatment center, or Federal halfway house, or

23 any such prison operated under contract with the

24 Federal Government; and
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1 ‘‘(2) ‘term of life imprisonment’ means a sen2 tence for the term of natural life, a sentence com3 muted to natural life, an indeterminate term of a

4 minimum of at least 15 years and a maximum of

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

6 (b) TECHNICAL AMENDMENT.—The chapter analysis

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

8 by adding at the end the following new item:

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

9 SEC. 111. CONFORMING AMENDMENT RELATING TO

10 KIDNAPPING.

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

12 amended by striking the period at the end and inserting

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

14 by death or life imprisonment’’.

15 SEC. 112. CONFORMING AMENDMENT RELATING TO HOS16 TAGE TAKING.

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

18 amended by striking the period at the end and inserting

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

20 by death or life imprisonment’’.

21 SEC. 113. CONFORMING AMENDMENT RELATING TO MAIL22 ABILITY OF INJURIOUS ARTICLES.

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

24 States Code, is amended by striking the comma after

25 ‘‘life’’ and all that follows through ‘‘order’’.
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1 SEC. 114. CONFORMING AMENDMENT RELATING TO PRESI2 DENTIAL ASSASSINATION.

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

4 amended to read as follows:

5 ‘‘(c) Whoever attempts to murder or kidnap any indi6 vidual designated in subsection (a) shall be punished—

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

8 for life; or

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

10 murder the President of the United States and re11 sults in bodily injury to the President or otherwise

12 comes dangerously close to causing the death of the

13 President, by death or imprisonment for any term of

14 years or for life.’’.

15 SEC. 115. CONFORMING AMENDMENT RELATING TO MUR16 DER FOR HIRE.

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

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

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

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

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

22 imprisonment, or shall be fined in accordance with this

23 title, or both’’.
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1 SEC. 116. CONFORMING AMENDMENT RELATING TO VIO2 LENT CRIMES IN AID OF RACKETEERING

3 ACTIVITY.

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

5 is amended to read as follows:

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

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

8 for kidnapping, by imprisonment for any term of

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

10 title, or both;’’.

11 SEC. 117. CONFORMING AMENDMENT RELATING TO

12 WRECKING TRAINS.

13 The penultimate paragraph of section 1992 of title

14 18, United States Code, is amended by striking the comma

15 after ‘‘life’’ and all that follows through ‘‘order’’.

16 SEC. 118. CONFORMING AMENDMENT RELATING TO BANK

17 ROBBERY.

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

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

20 of the jury shall so direct’’ and inserting ‘‘or if death re21 sults shall be punished by death or life imprisonment’’.

22 SEC. 119. CONFORMING AMENDMENT RELATING TO TER23 RORIST ACTS.

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

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

26 as follows:
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1 ‘‘(1) if the killing is murder as defined in sec2 tion 1111(a), be fined under this title, punished by

3 death or imprisonment for any term of years or for

4 life, or both;’’.

5 SEC. 120. CONFORMING AMENDMENT RELATING TO AIR6 CRAFT HIJACKING.

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

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

9 SEC. 121. CONFORMING AMENDMENT TO CONTROLLED

10 SUBSTANCES ACT.

11 Section 408 of the Controlled Substances Act (21

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

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

14 and (r).

15 SEC. 122. CONFORMING AMENDMENT RELATING TO GENO16 CIDE.

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

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

19 $1,000,000 and imprisonment for life’’ and inserting

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

21 than $1,000,000’’.

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

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

24 amended—

25 (1) by inserting ‘‘(a)’’ before ‘‘Whoever’’;
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1 (2) in subsection (a), as designated by para2 graph (1)—

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

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

5 and

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

7 $5,000 or imprisoned not more than five years,

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

9 subsection (b)’’; and

10 (3) by adding at the end the following new sub11 section:

12 ‘‘(b) The punishment for an offense under this sec13 tion is—

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

15 provided in sections 1111 and 1112;

16 ‘‘(2) in the case of an attempted killing, or a

17 case in which the offense was committed against a

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

19 charged, imprisonment for not more than 20 years;

20 and

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

22 more than 10 years.’’.
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1 SEC. 124. PROHIBITION OF RETALIATORY KILLINGS OF

2 WITNESSES, VICTIMS, AND INFORMANTS.

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

4 amended—

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

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

7 (2) by inserting before subsection (b), as redes8 ignated by paragraph (1), the following new sub9 section:

10 ‘‘(a)(1) Whoever kills or attempts to kill another per11 son with intent to retaliate against any person for—

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

13 official proceeding, or any testimony given or any

14 record, document, or other object produced by a wit15 ness in an official proceeding; or

16 ‘‘(B) any information relating to the commis17 sion or possible commission of a Federal offense or

18 a violation of conditions of probation, parole, or re19 lease pending judicial proceedings given by a person

20 to a law enforcement officer,

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

22 ‘‘(2) The punishment for an offense under this sub23 section is—

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

25 provided in sections 1111 and 1112; and
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1 ‘‘(B) in the case of an attempt, imprisonment

2 for not more than 20 years.’’.

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

4 ENFORCEMENT OFFICERS.

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

6 amended by striking ‘‘be punished as provided under sec7 tions 1111 and 1112 of this title, except that’’ and insert8 ing ‘‘, in the case of murder (as defined in section 1111),

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

10 case of manslaughter (as defined in section 1112), be pun11 ished as provided in section 1112, and’’.

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

13 LOCAL LAW ENFORCEMENT OFFICERS AS14 SISTING FEDERAL LAW ENFORCEMENT OFFI15 CERS.

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

17 amended by inserting ‘‘, or any State or local law enforce18 ment officer while assisting, or on account of his or her

19 assistance of, any Federal officer or employee covered by

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

21 statutory authority’’.
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1 SEC. 127. IMPLEMENTATION OF THE 1988 PROTOCOL FOR

2 THE SUPPRESSION OF UNLAWFUL ACTS OF

3 VIOLENCE AT AIRPORTS SERVING INTER4 NATIONAL CIVIL AVIATION.

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

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

7 section:

8 ‘‘§ 36. Violence at international airports

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

10 device, substance or weapon—

11 ‘‘(1) performs an act of violence against a per12 son at an airport serving international civil aviation

13 which causes or is likely to cause serious injury or

14 death; or

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

16 of an airport serving international civil aviation or a

17 civil aircraft not in service located thereon or dis18 rupts the services of the airport,

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

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

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

22 both, and if the death of any person results from conduct

23 prohibited by this subsection, shall be punished by death

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

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

26 in subsection (a) if—
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1 ‘‘(1) the prohibited activity takes place in the

2 United States; or

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

4 the United States and the offender is later found in

5 the United States.’’.

6 (b) TECHNICAL AMENDMENT.—The chapter analysis

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

8 by adding at the end the following new item:

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

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

10 this section shall take effect on the later of—

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

12 (2) the date on which the Protocol for the Sup13 pression of Unlawful Acts of Violence at Airports

14 Serving International Civil Aviation, Supplementary

15 to the Convention for the Suppression of Unlawful

16 Acts Against the Safety of Civil Aviation, done at

17 Montreal on 23 September 1971, has come into

18 force and the United States has become a party to

19 the Protocol.

20 SEC. 128. AMENDMENT TO FEDERAL AVIATION ACT.

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

22 (49 U.S.C. App. 1472(n)) is amended—

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

24 (2) by redesignating paragraph (4) as para25 graph (3).
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1 SEC. 129. OFFENSES OF VIOLENCE AGAINST MARITIME

2 NAVIGATION OR FIXED PLATFORMS.

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

4 States Code, is amended by adding at the end the follow5 ing new sections:

6 ‘‘§ 2280. Violence against maritime navigation

7 ‘‘(a) OFFENSE.—Whoever unlawfully and inten8 tionally—

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

10 force or threat thereof or any other form of intimi11 dation;

12 ‘‘(2) performs an act of violence against a per13 son on board a ship if that act is likely to endanger

14 the safe navigation of that ship;

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

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

17 navigation of that ship;

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

19 any means whatsoever, a device or substance which

20 is likely to destroy that ship, or cause damage to

21 that ship or its cargo which endangers or is likely

22 to endanger the safe navigation of that ship;

23 ‘‘(5) destroys or seriously damages maritime

24 navigational facilities or seriously interferes with

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

26 safe navigation of a ship;
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1 ‘‘(6) communicates information, knowing the

2 information to be false and under circumstances in

3 which such information may reasonably be believed,

4 thereby endangering the safe navigation of a ship;

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

6 with the commission or the attempted commission of

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

8 (5), or (6); or

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

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

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

12 20 years, or both, and if the death of any person results

13 from conduct prohibited by this subsection, shall be pun14 ished by death or imprisoned for any term of years or for

15 life.

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

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

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

19 threat into execution, if the threatened act is likely to en20 danger the safe navigation of the ship in question, shall

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

22 years, or both.

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

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

25 ‘‘(1) in the case of a covered ship, if—
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1 ‘‘(A) such activity is committed—

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

3 the flag of the United States at the time

4 the prohibited activity is committed;

5 ‘‘(ii) in the United States; or

6 ‘‘(iii) by a national of the United

7 States or by a stateless person whose ha8 bitual residence is in the United States;

9 ‘‘(B) during the commission of such activ10 ity, a national of the United States is seized,

11 threatened, injured, or killed; or

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

13 United States after such activity is committed;

14 ‘‘(2) in the case of a ship navigating or sched15 uled to navigate solely within the territorial sea or

16 internal waters of a country other than the United

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

18 States after such activity is committed; and

19 ‘‘(3) in the case of any vessel, if such activity

20 is committed in an attempt to compel the United

21 States to do or abstain from doing any act.

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

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

24 States who has reasonable grounds to believe that he or

25 she has on board the ship any person who has committed
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1 an offense under Article 3 of the Convention for the Sup2 pression of Unlawful Acts Against the Safety of Maritime

3 Navigation may deliver such person to the authorities of

4 a State Party to that Convention. Before delivering such

5 person to the authorities of another country, the master

6 shall notify in an appropriate manner the Attorney Gen7 eral of the United States of the alleged offense and await

8 instructions from the Attorney General as to what action

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

10 country which is a State Party to the Convention, the mas11 ter shall, whenever practicable, and if possible before en12 tering the territorial sea of such country, notify the au13 thorities of such country of his or her intention to deliver

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

15 such person, the master shall furnish the authorities of

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

17 that pertains to the alleged offense.

18 ‘‘(e) DEFINITIONS.—As used in this section—

19 ‘‘(1) ‘ship’ means a vessel of any type whatso20 ever not permanently attached to the seabed, includ21 ing dynamically supported craft, submersibles or any

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

23 a ship owned or operated by a government when

24 being used as a naval auxiliary or for customs or po-
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1 lice purposes, or a ship that has been withdrawn

2 from navigation or laid up;

3 ‘‘(2) ‘covered ship’ means a ship that is navi4 gating or is scheduled to navigate into, through, or

5 from waters beyond the outer limit of the territorial

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

7 country’s territorial sea with an adjacent country;

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

9 meaning stated in section 101(a)(22) of the Immi10 gration and Nationality Act (8 U.S.C. 1101(a)(22));

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

12 all waters extending seaward to 12 nautical miles

13 from the baselines of the United States determined

14 in accordance with international law; and

15 ‘‘(5) ‘United States’, when used in a geographi16 cal sense, includes the Commonwealth of Puerto

17 Rico, the Commonwealth of the Northern Marianas

18 Islands, and all territories and possessions of the

19 United States.

20 ‘‘§ 2281. Violence against maritime fixed platforms

21 ‘‘(a) OFFENSE.—Whoever unlawfully and inten22 tionally—

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

24 platform by force or threat thereof or any other

25 form of intimidation;
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1 ‘‘(2) performs an act of violence against a per2 son on board a fixed platform if that act is likely to

3 endanger its safety;

4 ‘‘(3) destroys a fixed platform or causes dam5 age to it which is likely to endanger its safety;

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

7 platform, by any means whatsoever, a device or sub8 stance that is likely to destroy the fixed platform or

9 likely to endanger its safety;

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

11 with the commission or attempted commission of an

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

13 or

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

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

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

17 20 years, or both, and if death results to any person from

18 conduct prohibited by this subsection, shall be punished

19 by death or imprisoned for any term of years or for life.

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

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

22 with apparent determination and will to carry the threat

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

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

25 title or imprisoned not more than 5 years, or both.
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1 ‘‘(c) JURISDICTION.—There is jurisdiction over the

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

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

4 board a fixed platform—

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

6 shelf of the United States;

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

8 shelf of another country, by a national of the

9 United States or by a stateless person whose

10 habitual residence is in the United States; or

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

12 States to do or abstain from doing any act;

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

14 against or on board a fixed platform located on a

15 continental shelf, a national of the United States is

16 seized, threatened, injured or killed; or

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

18 board a fixed platform located outside the United

19 States and beyond the continental shelf of the

20 United States and the offender is later found in the

21 United States.

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

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

24 subsoil of the submarine areas that extend beyond a

25 country’s territorial sea to the limits provided by
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1 customary international law as reflected in Article

2 76 of the 1982 Convention on the Law of the Sea;

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

4 installation or structure permanently attached to the

5 seabed for the purpose of exploration or exploitation

6 of resources or for other economic purposes;

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

8 meaning stated in section 101(a)(22) of the Immi9 gration and Nationality Act (8 U.S.C. 1101(a)(22));

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

11 all waters extending seaward to 12 nautical miles

12 from the baselines of the United States determined

13 in accordance with international law; and

14 ‘‘(5) ‘United States’, when used in a geographi15 cal sense, includes the Commonwealth of Puerto

16 Rico, the Commonwealth of the Northern Marianas

17 Islands, and all territories and possessions of the

18 United States.’’.

19 (b) TECHNICAL AMENDMENT.—The chapter analysis

20 for chapter 111 of title 18, United States Code, is amend21 ed by adding at the end the following new items:

‘‘2280. Violence against maritime navigation.

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

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

23 this section shall take effect on the later of—

24 (1) the date of enactment of this Act; or
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1 (2)(A) in the case of section 2280 of title 18,

2 United States Code, the date on which the Conven3 tion for the Suppression of Unlawful Acts Against

4 the Safety of Maritime Navigation has come into

5 force and the United States has become a party to

6 that Convention; and

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

8 United States Code, the date on which the Protocol

9 for the Suppression of Unlawful Acts Against the

10 Safety of Fixed Platforms Located on the Continen11 tal Shelf has come into force and the United States

12 has become a party to that Protocol.

13 SEC. 130. TORTURE.

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

15 Code, is amended by inserting after chapter 113A the fol16 lowing new chapter:

17 ‘‘CHAPTER 113B—TORTURE

‘‘Sec.

‘‘2340. Definitions.

‘‘2340A. Torture.

‘‘2340B. Exclusive remedies.

18 ‘‘§ 2340. Definitions

19 ‘‘As used in this chapter—

20 ‘‘(1) ‘torture’ means an act committed by a per21 son acting under the color of law specifically in22 tended to inflict severe physical or mental pain or

23 suffering (other than pain or suffering incidental to
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1 lawful sanctions) upon another person within his

2 custody or physical control;

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

4 the prolonged mental harm caused by or resulting

5 from—

6 ‘‘(A) the intentional infliction or threat7 ened infliction of severe physical pain or

8 suffering;

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

10 threatened administration or application, of

11 mind-altering substances or other procedures

12 calculated to disrupt profoundly the senses or

13 the personality;

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

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

16 imminently be subjected to death, severe phys17 ical pain or suffering, or the administration or

18 application of mind-altering substances or other

19 procedures calculated to disrupt profoundly the

20 senses or personality; and

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

22 the jurisdiction of the United States including any

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

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

25 of 1958 (49 U.S.C. App. 1301(38)).
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1 ‘‘§ 2340A. Torture

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

3 commits or attempts to commit torture shall be fined

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

5 both, and if death results to any person from conduct pro6 hibited by this subsection, shall be punished by death or

7 imprisoned for any term of years or for life.

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

9 activity prohibited in subsection (a) if—

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

11 United States; or

12 ‘‘(2) the alleged offender is present in the

13 United States, irrespective of the nationality of the

14 victim or the alleged offender.

15 ‘‘§ 2340B. Exclusive remedies

16 ‘‘Nothing in this chapter shall be construed as pre17 cluding the application of State or local laws on the same

18 subject, nor shall anything in this chapter be construed

19 as creating any substantive or procedural right enforceable

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

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

22 part I of title 18, United States Code, is amended by in23 serting after the item relating to chapter 113A the follow24 ing new item:

‘‘113B. Torture ..................................................................................... 2340.’’.
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1 (c) EFFECTIVE DATE.—The amendments made by

2 this section shall take effect on the later of—

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

4 (2) the date on which the United States has be5 come a party to the Convention Against Torture and

6 Other Cruel, Inhuman or Degrading Treatment or

7 Punishment.

8 SEC. 131. WEAPONS OF MASS DESTRUCTION.

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

10 threatened use of weapons of mass destruction (as defined

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

12 the national security and foreign relations interests of the

13 United States, seriously affect interstate and foreign com14 merce, and disturb the domestic tranquility of the United

15 States.

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

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

18 by adding at the end the following new section:

19 ‘‘§ 2339A. Use of weapons of mass destruction

20 ‘‘(a) OFFENSE.—Whoever uses, or attempts or con21 spires to use, a weapon of mass destruction—

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

23 while such national is outside of the United States;

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

25 States; or
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1 ‘‘(3) against any property that is owned, leased,

2 or used by the United States or by any department

3 or agency of the United States, whether the property

4 is within or outside the United States,

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

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

7 for any term of years or for life.

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

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

10 meaning stated in section 101(a)(22) of the Immi11 gration and Nationality Act (8 U.S.C. 1101(a)(22));

12 and

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

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

15 section 921);

16 ‘‘(B) poison gas;

17 ‘‘(C) a weapon involving a disease orga18 nism; and

19 ‘‘(D) a weapon that is designed to release

20 radiation or radioactivity at a level dangerous

21 to human life.’’.

22 (c) TECHNICAL AMENDMENT.—The chapter analysis

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

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

25 end the following new item:

‘‘2339A. Use of weapons of mass destruction.’’.
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1 SEC. 132. HOMICIDES AND ATTEMPTED HOMICIDES IN2 VOLVING FIREARMS IN FEDERAL FACILITIES.

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

4 amended—

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

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

7 respectively;

8 (2) in subsection (a), by striking ‘‘(c)’’ and in9 serting ‘‘(d)’’; and

10 (3) by inserting after subsection (b) the follow11 ing new subsection:

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

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

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

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

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

17 (as defined in section 1111(a)), be punished by

18 death or imprisoned for any term of years or for life;

19 and

20 ‘‘(2) in the case of any other killing or an at21 tempted killing, be subject to the penalties provided

22 for engaging in such conduct within the special mar23 itime and territorial jurisdiction of the United States

24 under sections 1112 and 1113.’’.
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1 SEC. 133. DEATH PENALTY FOR CIVIL RIGHTS MURDERS.

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

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

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

5 life’’ and inserting ‘‘shall be punished by death or impris6 onment for any term of years or for life’’.

7 (b) DEPRIVATION OF RIGHTS UNDER COLOR OF

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

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

10 any term of years or for life’’ and inserting ‘‘shall be pun11 ished by death or imprisonment for any term of years or

12 for life’’.

13 (c) FEDERALLY PROTECTED ACTIVITIES.—Section

14 245(b) of title 18, United States Code, is amended by

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

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

17 death or imprisonment for any term of years or for life’’.

18 (d) DAMAGE TO RELIGIOUS PROPERTY; OBSTRUC19 TION OF THE FREE EXERCISE OF RELIGIOUS RIGHTS.—

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

21 amended by inserting ‘‘the death penalty or’’ before ‘‘im22 prisonment’’.

23 SEC. 134. DEATH PENALTY FOR MURDER OF FEDERAL

24 WITNESSES.

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

26 Code, is amended to read as follows:
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1 ‘‘(A) in the case of murder (as defined in sec2 tion 1111), the death penalty or imprisonment for

3 life, and in the case of any other killing, the punish4 ment provided in section 1112;’’.

5 SEC. 135. DRIVE-BY SHOOTINGS.

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

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

8 section:

9 ‘‘§ 931. Drive-by shootings

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

11 firearm at a person—

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

13 trafficking activity; or

14 ‘‘(2) from a motor vehicle,

15 shall be punished by imprisonment for not more than 25

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

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

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

19 ‘drug trafficking activity’ means a drug trafficking crime

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

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

22 (b) TECHNICAL AMENDMENT.—The chapter analysis

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

24 by adding at the end the following new item:

‘‘931. Drive-by shootings.’’.
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1 SEC. 136. DEATH PENALTY FOR GUN MURDERS DURING

2 FEDERAL CRIMES OF VIOLENCE AND DRUG

3 TRAFFICKING CRIMES.

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

5 amended by adding at the end the following new sub6 section:

7 ‘‘(i) Whoever, in the course of a violation of sub8 section (c), causes the death of a person through the use

9 of a firearm, shall—

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

11 section 1111), be punished by death or by imprison12 ment for any term of years or for life; and

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

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

15 1112.’’.

16 SEC. 137. DEATH PENALTY FOR RAPE AND CHILD MOLES17 TATION MURDERS.

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

19 States Code, is amended—

20 (1) by redesignating section 2245 as section

21 2246; and

22 (2) by inserting after section 2244 the following

23 new section:

24 ‘‘§ 2245. Sexual abuse resulting in death

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

26 chapter, engages in conduct that results in the death of
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1 a person, shall be punished by death or imprisoned for

2 any term of years or for life.’’.

3 (b) TECHNICAL AMENDMENT.—The chapter analysis

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

5 amended by striking the item relating to section 2245 and

6 inserting the following:

‘‘2245. Sexual abuse resulting in death.

‘‘2246. Definitions for chapter.’’.

7 SEC. 138. PROTECTION OF JURORS AND WITNESSES IN

8 CAPITAL CASES.

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

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

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

12 furnished if the court finds by a preponderance of the evi13 dence that providing the list may jeopardize the life or

14 safety of any person.’’.

15 SEC. 139. INAPPLICABILITY TO UNIFORM CODE OF MILI16 TARY JUSTICE.

17 The provisions of chapter 228 of title 18, United

18 States Code, as added by this Act, shall not apply to pros19 ecutions under the Uniform Code of Military Justice (10

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

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

22 SEXUAL EXPLOITATION OF CHILDREN.

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

24 amended by adding at the end the following new sentence:
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1 ‘‘Whoever, in the course of an offense under this section,

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

3 shall be punished by death or imprisoned for any term

4 of years or for life.’’.

5 SEC. 141. MURDER BY ESCAPED PRISONERS.

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

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

8 at the end the following new section:

9 ‘‘§ 1119. Murder by escaped prisoners

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

11 a Federal prison where the person was confined under a

12 sentence for a term of life imprisonment, kills another per13 son, shall be punished as provided in sections 1111 and

14 1112.

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

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

17 meanings stated in section 1118.’’.

18 (b) TECHNICAL AMENDMENT.—The chapter analysis

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

20 by adding at the end the following new item:

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

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

22 OF COLUMBIA.

23 Title 18 of the United States Code is amended—

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

25 end of chapter 51:
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1 ‘‘§ 1118. Capital punishment for murders in the Dis2 trict of Columbia

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

4 of a person intentionally, knowingly, or through reckless5 ness manifesting extreme indifference to human life, or

6 to cause the death of a person through the intentional in7 fliction of serious bodily injury.

8 ‘‘(b) FEDERAL JURISDICTION.—There is a Federal

9 jurisdiction over an offense described in this section if the

10 conduct resulting in death occurs in the District of

11 Columbia.

12 ‘‘(c) PENALTY.—An offense described in this section

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

14 for an offense described in this section as provided in sub15 sections (d)–(1).

16 ‘‘(d) MITIGATING FACTORS.—In determining wheth17 er to recommend a sentence of death, the jury shall con18 sider whether any aspect of the defendant’s character,

19 background, or record or any circumstance of the offense

20 that the defendant may proffer as a mitigating factor ex21 ists, including the following factors:

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

23 mental capacity to appreciate the wrongfulness of

24 his conduct or to conform his conduct to the require25 ments of law was significantly impaired.
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1 ‘‘(2) DURESS.—The defendant was under un2 usual and substantial duress.

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

4 defendant is punishable as a principal (pursuant to

5 section 2 of this title) in the offense, which was com6 mitted by another, but the defendant’s participation

7 was relatively minor.

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

9 whether to recommend a sentence of death, the jury shall

10 consider any aggravating factor for which notice has been

11 provided under subsection (f), including the following fac12 tors:

13 ‘‘(1) KILLING IN FURTHERANCE OF DRUG

14 TRAFFICKING.—The defendant engaged in the con15 duct resulting in death in the course of or in fur16 therance of drug trafficking activity.

17 ‘‘(2) KILLING IN THE COURSE OF OTHER SERI18 OUS VIOLENT CRIMES.—The defendant engaged in

19 the conduct resulting in death in the course of com20 mitting or attempting to commit an offense involving

21 robbery, burglary, sexual abuse, kidnaping, or arson.

22 ‘‘(3) MULTIPLE KILLINGS OR ENDANGERMENT

23 OF OTHERS.—The defendant committed more than

24 one offense under this section, or in committing the

25 offense knowingly created a grave risk of death to
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1 one or more persons in addition to the victim of the

2 offense.

3 ‘‘(4) INVOLVEMENT OF FIREARM.—During and

4 in relation to the commission of the offense, the de5 fendant used or possessed a firearm as defined in

6 section 921 of this title.

7 ‘‘(5) PREVIOUS CONVICTION OF VIOLENT FEL8 ONY.—The defendant has previously been convicted

9 of an offense punishable by a term of imprisonment

10 of more than one year that involved the use or at11 tempted or threatened use of force against a person

12 or that involved sexual abuse.

13 ‘‘(6) KILLING WHILE INCARCERATED OR

14 UNDER SUPERVISION.—The defendant at the time of

15 the offense was confined in or had escaped from a

16 jail, prison, or other correctional or detention facil17 ity, was on pre-trial release, or was on probation, pa18 role, supervised release, or other post-conviction con19 ditional release.

20 ‘‘(7) HEINOUS, CRUEL OR DEPRAVED MANNER

21 OF COMMISSION.—The defendant committed the of22 fense in an especially heinous, cruel, or depraved

23 manner in that it involved torture or serious physical

24 abuse to the victim.
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1 ‘‘(8) PROCUREMENT OF THE OFFENSE BY PAY2 MENT.—The defendant procured the commission of

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

4 anything of pecuniary value.

5 ‘‘(9) COMMISSION OF THE OFFENSE FOR PECU6 NIARY GAIN.—The defendant committed the offense

7 as consideration for receiving, or in the expectation

8 of receiving or obtaining, anything of pecuniary

9 value.

10 ‘‘(10) SUBSTANTIAL PLANNING AND

11 PREMEDITATION.—The defendant committed the of12 fense after substantial planning and premeditation.

13 ‘‘(11) VULNERABILITY OF VICTIM.—The victim

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

15 infirmity.

16 ‘‘(12) KILLING OF PUBLIC SERVANT.—The de17 fendant committed the offense against a public serv18 ant—

19 ‘‘(i) while such public servant was engaged

20 in the performance of his or her official duties;

21 ‘‘(ii) because of the performance of such

22 public servant’s official duties; or

23 ‘‘(iii) because of such public servant’s sta24 tus as a public servant.
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1 ‘‘(13) KILLING TO INTERFERE WITH OR RE2 TALIATE AGAINST WITNESS.—The defendant com3 mitted the offense in order to prevent or inhibit any

4 person from testifying or providing information con5 cerning an offense, or to retaliate against any person

6 for testifying or providing such information.

7 ‘‘(f) NOTICE OF INTENT TO SEEK DEATH PEN8 ALTY.—If the government intends to seek the death pen9 alty for an offense under this section, the attorney for the

10 government shall file with the court and serve on the de11 fendant a notice of such intent. The notice shall be pro12 vided a reasonable time before the trial or acceptance of

13 a guilty plea, or at such later time as the court may permit

14 for good cause. The notice shall set forth the aggravating

15 factor or factors set forth in subsection (e) and any other

16 aggravating factor or factors that the government will seek

17 to prove as the basis for the death penalty. The factors

18 for which notice is provided under this subsection may in19 clude factors concerning the effect of the offense on the

20 victim and the victim’s family. The court may permit the

21 attorney for the government to amend the notice upon a

22 showing of good cause.

23 ‘‘(g) JUDGE AND JURY AT CAPITAL SENTENCING

24 HEARING.—A hearing to determine whether the death

25 penalty will be imposed for an offense under this section
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1 shall be conducted by the judge who presided at trial or

2 accepted a guilty plea, or by another judge if that judge

3 is not available. The hearing shall be conducted before the

4 jury that determined the defendant’s guilt if that jury is

5 available. A new jury shall be impaneled for the purpose

6 of the hearing if the defendant pleaded guilty, the trial

7 of guilt was conducted without a jury, the jury that deter8 mined the defendant’s guilt was discharged for good

9 cause, or reconsideration of the sentence is necessary after

10 the initial imposition of a sentence of death. A jury

11 impaneled under this subsection shall have twelve mem12 bers unless the parties stipulate to a lesser number at any

13 time before the conclusion of the hearing with the approval

14 of the judge. Upon motion of the defendant, with the ap15 proval of the attorney for the government, the hearing

16 shall be carried out before the judge without a jury. If

17 there is no jury, references to ‘‘the jury’’ in this section,

18 where applicable, shall be understood as referring to the

19 judge.

20 ‘‘(h) PROOF OF MITIGATING AND AGGRAVATING

21 FACTORS.—No presentence report shall be prepared if a

22 capital sentencing hearing is held under this section. Any

23 information relevant to the existence of mitigating factors,

24 or to the existence of aggravating factors for which notice

25 has been provided under subsection (f), may be presented
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1 by either the government or the defendant, regardless of

2 its admissibility under the rules governing the admission

3 of evidence at criminal trials, except that information may

4 be excluded if its probative value is outweighed by the dan5 ger of creating unfair prejudice, confusing the issues, or

6 misleading the jury. The information presented may in7 clude trial transcripts and exhibits. The attorney for the

8 government and for the defendant shall be permitted to

9 rebut any information received at the hearing, and shall

10 be given fair opportunity to present argument as to the

11 adequacy of the information to establish the existence of

12 any aggravating or mitigating factor, and as to the appro13 priateness in that case of imposing a sentence of death.

14 The attorney for the government shall open the argument,

15 the defendant shall be permitted to reply, and the govern16 ment shall then be permitted to reply in rebuttal.

17 ‘‘(i) FINDINGS OF AGGRAVATING AND MITIGATING

18 FACTORS.—The jury shall return special findings identify19 ing any aggravating factor or factors for which notice has

20 been provided under subsection (f) and which the jury

21 unanimously determines have been established by the gov22 ernment beyond a reasonable doubt. A mitigating factor

23 is established if the defendant has proven its existence by

24 a preponderance of the evidence, and any member of the

25 jury who finds the existence of such a factor may regard
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1 it as established for purposes of this section regardless of

2 the number of jurors who concur that the factor has been

3 established.

4 ‘‘(j) FINDING CONCERNING A SENTENCE OF

5 DEATH.—If the jury specially finds under subsection (i)

6 that one or more aggravating factors set forth in sub7 section (e) exist, and the jury further finds unanimously

8 that there are no mitigating factors or that the aggravat9 ing factor or factors specially found under subsection (i)

10 outweigh any mitigating factors, then the jury shall rec11 ommend a sentence of death. In any other case, the jury

12 shall not recommend a sentence of death. The jury shall

13 be instructed that it must avoid any influence of sym14 pathy, sentiment, passion, prejudice, or other arbitrary

15 factors in its decision, and should make such a rec16 ommendation as the information warrants.

17 ‘‘(k) SPECIAL PRECAUTION TO ASSURE AGAINST

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

19 court, before the return of a finding under subsection (j),

20 shall instruct the jury that, in considering whether to rec21 ommend a sentence of death, it shall not consider the race,

22 color, religion, national origin, or sex of the defendant or

23 any victim, and that the jury is not to recommend a sen24 tence of death unless it has concluded that it would rec25 ommend a sentence of death for such a crime regardless
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1 of the race, color, religion, national origin, or sex of the

2 defendant or any victim. The jury, upon the return of a

3 finding under subsection (j), shall also return to the court

4 a certificate, signed by each juror, that the race, color,

5 religion, national origin, or sex of the defendant or any

6 victim did not affect the juror’s individual decision and

7 that the individual juror would have recommended the

8 same sentence for such a crime regardless of the race,

9 color, religion, national origin, or sex of the defendant or

10 any victim.

11 ‘‘(l) IMPOSITION OF A SENTENCE OF DEATH.—Upon

12 a recommendation under subsection (j) that a sentence of

13 death be imposed, the court shall sentence the defendant

14 to death. Otherwise the court shall impose a sentence,

15 other than death, authorized by law.

16 ‘‘(m) REVIEW OF A SENTENCE OF DEATH.—

17 ‘‘(1) The defendant may appeal a sentence of

18 death under this section by filing a notice of appeal

19 of the sentence within the time provided for filing a

20 notice of appeal of the judgment of conviction. An

21 appeal of a sentence under this subsection may be

22 consolidated within an appeal of the judgment of

23 conviction and shall have priority over all noncapital

24 matters in the court of appeals.
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1 ‘‘(2) The court of appeals shall review the en2 tire record in the case including the evidence submit3 ted at trial and information submitted during the

4 sentencing hearing, the procedures employed in the

5 sentencing hearing, and the special findings returned

6 under subsection (i). The court of appeals shall up7 hold the sentence if it determines that the sentence

8 of death was not imposed under the influence of pas9 sion, prejudice, or any other arbitrary factor, that

10 the evidence and information support the special

11 findings under subsection (i), and that the proceed12 ings were otherwise free of prejudicial error that was

13 properly preserved for review.

14 ‘‘(3) In any other case, the court of appeals

15 shall remand the case for reconsideration of the sen16 tence or imposition of another authorized sentence

17 as appropriate, except that the court shall not re18 verse a sentence of death on the ground that an ag19 gravating factor was invalid or was not supported by

20 the evidence and information if at least one aggra21 vating factor described in subsection (e) remains

22 which was found to exist and the court, on the basis

23 of the evidence submitted at trial and the informa24 tion submitted at the sentencing hearing, finds that

25 the remaining aggravating factor or factors which
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1 were found to exist outweigh any mitigating factors.

2 The court of appeals shall state in writing the rea3 sons for its disposition of an appeal of a sentence of

4 death under this section.

5 ‘‘(n) IMPLEMENTATION OF SENTENCE OF DEATH.—

6 A person sentenced to death under this section shall be

7 committed to the custody of the Attorney General until

8 exhaustion of the procedures for appeal of the judgment

9 of conviction and review of the sentence. When the sen10 tence is to be implemented, the Attorney General shall re11 lease the person sentenced to death to the custody of a

12 United States Marshal. The Marshal shall supervise im13 plementation of the sentence in the manner prescribed by

14 the law of a State designated by the court. The Marshal

15 may use State or local facilities, may use the services of

16 an appropriate State or local official or of a person such

17 an official employs, and shall pay the costs thereof in an

18 amount approved by the Attorney General.

19 ‘‘(o) SPECIAL BAR TO EXECUTION.—A sentence of

20 death shall not be carried out upon a woman while she

21 is pregnant.

22 ‘‘(p) CONSCIENTIOUS OBJECTION TO PARTICIPATION

23 IN EXECUTION.—No employee of any State department

24 of corrections, the United States Marshals Service, or the

25 Federal Bureau of Prisons, and no person providing serv-
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1 ices to that department, service, or bureau under contract

2 shall be required, as a condition of that employment or

3 contractual obligation, to be in attendance at or to partici4 pate in any execution carried out under this section if such

5 participation is contrary to the moral or religious convic6 tions of the employee. For purposes of this subsection, the

7 term ‘participate in any execution’ includes personal prep8 aration of the condemned individual and the apparatus

9 used for the execution, and supervision of the activities

10 of other personnel in carrying out such activities.

11 ‘‘(q) APPOINTMENT OF COUNSEL FOR INDIGENT

12 CAPITAL DEFENDANTS.—A defendant against whom a

13 sentence of death is sought, or on whom a sentence of

14 death has been imposed, under this section, shall be enti15 tled to appointment of counsel from the commencement

16 of trial proceedings until one of the conditions specified

17 in subsection (v) has occurred, if the defendant is or be18 comes financially unable to obtain adequate representa19 tion. Counsel shall be appointed for trial representation

20 as provided in section 3005 of this title, and at least one

21 counsel so appointed shall continue to represent the de22 fendant until the conclusion of direct review of the judg23 ment, unless replaced by the court with other qualified

24 counsel. Except as otherwise provided in this section, the
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1 provisions of section 3006A of this title shall apply to ap2 pointments under this section.

3 ‘‘(r) REPRESENTATION AFTER FINALITY OF JUDG4 MENT.—When a judgment imposing a sentence of death

5 under this section has become final through affirmance by

6 the Supreme Court on direct review, denial of certiorari

7 by the Supreme Court on direct review, or expiration of

8 the time for seeking direct review in the court of appeals

9 or the Supreme Court, the government shall promptly no10 tify the court that imposed the sentence. The court, within

11 10 days of receipt of such notice, shall proceed to make

12 determination whether the defendant is eligible for ap13 pointment of counsel for subsequent proceedings. The

14 court shall issue an order appointing one or more counsel

15 to represent the defendant upon a finding that the defend16 ant is financially unable to obtain adequate representation

17 and wishes to have counsel appointed or is unable com18 petently to decide whether to accept or reject appointment

19 of counsel. The court shall issue an order denying appoint20 ment of counsel upon a finding that the defendant is fi21 nancially able to obtain adequate representation or that

22 the defendant rejected appointment of counsel with an un23 derstanding of the consequences of that decision. Counsel

24 appointed pursuant to this subsection shall be different

25 from the counsel who represented the defendant at trial
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1 and on direct review unless the defendant and counsel re2 quest a continuation or renewal of the earlier representa3 tion.

4 ‘‘(s) STANDARDS FOR COMPETENCE OF COUNSEL.—

5 In relation to a defendant who is entitled to appointment

6 of counsel under subsections (q)–(r), at least one counsel

7 appointed for trial representation must have been admit8 ted to the bar for at least 5 years and have at least three

9 years of experience in the trial of felony cases in the Fed10 eral district courts. If new counsel is appointed after judg11 ment, at least one counsel so appointed must have been

12 admitted to the bar for at least 5 years and have at least

13 3 years of experience in the litigation of felony cases in

14 the Federal courts of appeals or the Supreme Court. The

15 court, for good cause, may appoint counsel who does not

16 meet these standards, but whose background, knowledge,

17 or experience would otherwise enable him or her to prop18 erly represent the defendant, with due consideration of the

19 seriousness of the penalty and the nature of the litigation.

20 ‘‘(t) CLAIMS OF INEFFECTIVENESS OF COUNSEL IN

21 COLLATERAL PROCEEDINGS.—The ineffectiveness or in22 competence of counsel during proceedings on a motion

23 under section 2255 of title 28, United States Code, in a

24 case under this section shall not be a ground for relief

25 from the judgment or sentence in any proceeding. This
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1 limitation shall not preclude the appointment of different

2 counsel at any stage of the proceedings.

3 ‘‘(u) TIME FOR COLLATERAL ATTACK ON DEATH

4 SENTENCE.—A motion under section 2255 of title 28,

5 United States Code, attacking a sentence of death under

6 this section, or the conviction on which it is predicated,

7 must be filed within 90 days of the issuance of the order

8 under subsection (r) appointing or denying the appoint9 ment of counsel for such proceedings. The court in which

10 the motion is filed, for good cause shown, may extend the

11 time for filing for a period not exceeding 60 days. Such

12 a motion shall have priority over all non-capital matters

13 in the district court, and in the court of appeals on review

14 of the district court’s decision.

15 ‘‘(v) STAY OF EXECUTION.—The execution of a sen16 tence of death under this section shall be stayed in the

17 course of direct review of the judgment and during the

18 litigation of an initial motion in the case under section

19 2255 of title 28, United States Code. The stay shall run

20 continuously following imposition of the sentence and shall

21 expire if—

22 ‘‘(1) the defendant fails to file a motion under

23 section 2255 of title 28, United States Code, within

24 the time specified in subsection (u), or fails to make

25 a timely application for court of appeals review fol-
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1 lowing the denial of such a motion by a district

2 court;

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

4 of appeals review under section 2255 of title 28,

5 United States Code, the Supreme Court disposes of

6 a petition for certiorari in a manner that leaves the

7 capital sentence undisturbed, or the defendant fails

8 to file a timely petition for certiorari; or

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

10 counsel and after having been advised of the con11 sequences of such a decision, the defendant waives

12 the right to file a motion under section 2255 of title

13 28, United States Code.

14 ‘‘(w) FINALITY OF THE DECISION ON REVIEW.—If

15 one of the conditions specified in subsection (v) has oc16 curred, no court thereafter shall have the authority to

17 enter a stay of execution or grant relief in the case un18 less—

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

20 is a claim not presented in earlier proceedings;

21 ‘‘(2) the failure to raise the claim is the result

22 of governmental action in violation of the Constitu23 tion or laws of the United States, the result of the

24 Supreme Court’s recognition of a new Federal right

25 that is retroactively applicable, or the result of the
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1 fact that the factual predicate of the claim could not

2 have been discovered through the exercise of reason3 able diligence in time to present the claim in earlier

4 proceedings; and

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

6 sufficient, if proven, to undermine the court’s con7 fidence in the determination of guilt on the offense

8 or offenses for which the death penalty was imposed.

9 ‘‘(x) DEFINITIONS.—For purposes of this section—

10 ‘‘(1) ‘State’ has the meaning given in section

11 513 of this title, including the District of Columbia;

12 ‘‘(2) ‘Offense’, as used in paragraphs (2), (5),

13 and (13) of subsection (e), and in paragraph (5) of

14 this subsection, means an offense under the law of

15 the District of Columbia, another State, or the

16 United States;

17 ‘‘(3) ‘Drug trafficking activity’ means a drug

18 trafficking crime as defined in section 929(a)(2) of

19 this title, or a pattern or series of acts involving one

20 or more drug trafficking crimes;

21 ‘‘(4) ‘Robbery’ means obtaining the property of

22 another by force or threat of force;

23 ‘‘(5) ‘Burglary’ means entering or remaining in

24 a building or structure in violation of the law of the

25 District of Columbia, another State, or the United
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1 States, with the intent to commit an offense in the

2 building or structure;

3 ‘‘(6) ‘Sexual abuse’ means any conduct pro4 scribed by chapter 109A of this title, whether or not

5 the conduct occurs in the special maritime and terri6 torial jurisdiction of the United States;

7 ‘‘(7) ‘Arson’ means damaging or destroying a

8 building or structure through the use of fire or

9 explosives;

10 ‘‘(8) ‘Kidnapping’ means seizing, confining, or

11 abducting a person, or transporting a person without

12 his or her consent;

13 ‘‘(9) ‘Pre-trial release’, ‘probation’, ‘parole’, ‘su14 pervised release’, and ‘other post-conviction condi15 tional release’, as used in subsection (e)(6), mean

16 any such release, imposed in relation to a charge or

17 conviction for an offense under the law of the Dis18 trict of Columbia, another State, or the United

19 States; and

20 ‘‘(10) ‘Public servant’ means an employee,

21 agent, officer, or official of the District of Columbia,

22 another State, or the United States, or an employee,

23 agent, officer, or official of a foreign government

24 who is within the scope of section 1116 of this title.
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1 ‘‘(y) When an offense is charged under this section,

2 the government may join any charge under the District

3 of Columbia Code that arises from the same incident.’’;

4 and

5 (b) by adding the following at the end of the

6 table of sections for chapter 51:

‘‘1118. Capital punishment for murders in the District of Columbia.’’.

7 TITLE II—HABEAS CORPUS

8 REFORM

9 Subtitle A—General Habeas Corpus

10 Reform

11 SEC. 201. SHORT TITLE.

12 This title may be cited as the ‘‘Habeas Corpus Re13 form Act of 1993’’.

14 SEC. 202. PERIOD OF LIMITATION.

15 Section 2244 of title 28, United States Code, is

16 amended by adding at the end the following new sub17 section:

18 ‘‘(d) A one-year period of limitation shall apply to an

19 application for a writ of habeas corpus by a person in cus20 tody pursuant to the judgment of a State court. The limi21 tation period shall run from the latest of—

22 ‘‘(1) the time at which State remedies are ex23 hausted;

24 ‘‘(2) the time at which the impediment to filing

25 an application created by State action in violation of
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1 the Constitution or laws of the United States is re2 moved, where the applicant was prevented from fil3 ing by such State action;

4 ‘‘(3) the time at which the Federal right as5 serted was initially recognized by the Supreme

6 Court, where the right has been newly recognized by

7 the Court and is retroactively applicable; or

8 ‘‘(4) the time at which the factual predicate of

9 the claim or claims presented could have been dis10 covered through the exercise of reasonable dili11 gence.’’.

12 SEC. 203. APPEAL.

13 Section 2253 of title 28, United States Code, is

14 amended to read as follows:

15 ‘‘§ 2253. Appeal

16 ‘‘In a habeas corpus proceeding or a proceeding

17 under section 2255 before a circuit or district judge, the

18 final order shall be subject to review, on appeal, by the

19 court of appeals for the circuit where the proceeding is

20 had.

21 ‘‘There shall be no right of appeal from such an order

22 in a proceeding to test the validity of a warrant to remove,

23 to another district or place for commitment or trial, a per24 son charged with a criminal offense against the United
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1 States, or to test the validity of his detention pending re2 moval proceedings.

3 ‘‘An appeal may not be taken to the court of appeals

4 from the final order in a habeas corpus proceeding where

5 the detention complained of arises out of process issued

6 by a State court, or from the final order in a proceeding

7 under section 2255, unless a circuit justice or judge issues

8 a certificate of probable cause.’’.

9 SEC. 204. AMENDMENT OF FEDERAL RULES OF APPELLATE

10 PROCEDURE.

11 Rule 22 of the Federal Rules of Appellate Procedure

12 is amended to read as follows:

13 ‘‘Rule 22. Habeas corpus and section 2255 proceed14 ings

15 ‘‘(a) APPLICATION FOR AN ORIGINAL WRIT OF HA16 BEAS CORPUS.—An application for a writ of habeas cor17 pus shall be made to the appropriate district court. If ap18 plication is made to a circuit judge, the application will

19 ordinarily be transferred to the appropriate district court.

20 If an application is made to or transferred to the district

21 court and denied, renewal of the application before a cir22 cuit judge is not favored; the proper remedy is by appeal

23 to the court of appeals from the order of the district court

24 denying the writ.
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1 ‘‘(b) NECESSITY OF CERTIFICATE OF PROBABLE

2 CAUSE FOR APPEAL.—In a habeas corpus proceeding in

3 which the detention complained of arises out of process

4 issued by a State court, and in a motion proceeding pursu5 ant to section 2255 of title 28, United States Code, an

6 appeal by the applicant or movant may not proceed unless

7 a circuit judge issues a certificate of probable cause. If

8 a request for a certificate of probable cause is addressed

9 to the court of appeals, it shall be deemed addressed to

10 the judges thereof and shall be considered by a circuit

11 judge or judges as the court deems appropriate. If no ex12 press request for a certificate is filed, the notice of appeal

13 shall be deemed to constitute a request addressed to the

14 judges of the court of appeals. If an appeal is taken by

15 a State or the Government or its representative, a certifi16 cate of probable cause is not required.’’.

17 SEC. 205. SECTION 2254 AMENDMENTS.

18 Section 2254 of title 28, United States Code, is

19 amended—

20 (1) by amending subsection (b) to read as

21 follows:

22 ‘‘(b) An application for a writ of habeas corpus in

23 behalf of a person in custody pursuant to the judgment

24 of a State court shall not be granted unless it appears

25 that the applicant has exhausted the remedies available
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1 in the courts of the State, or that there is either an ab2 sence of available State corrective process or the existence

3 of circumstances rendering such process ineffective to pro4 tect the rights of the applicant. An application may be

5 denied on the merits notwithstanding the failure of the

6 applicant to exhaust the remedies available in the courts

7 of the State.’’;

8 (2) by redesignating subsections (d), (e), and

9 (f) as subsections (e), (f), and (g), respectively;

10 (3) by inserting after subsection (c) the follow11 ing new subsection:

12 ‘‘(d) An application for a writ of habeas corpus in

13 behalf of a person in custody pursuant to the judgment

14 of a State court shall not be granted with respect to any

15 claim that has been fully and fairly adjudicated in State

16 proceedings.’’;

17 (4) by amending subsection (e), as redesignated

18 by paragraph (2), to read as follows:

19 ‘‘(e) In a proceeding instituted by an application for

20 a writ of habeas corpus by a person in custody pursuant

21 to the judgment of a State court, a full and fair deter22 mination of a factual issue made in the case by a State

23 court shall be presumed to be correct. The applicant shall

24 have the burden of rebutting this presumption by clear

25 and convincing evidence.’’; and
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1 (5) by adding at the end the following new sub2 section:

3 ‘‘(h) In all proceedings brought under this section,

4 and any subsequent proceedings on review, appointment

5 of counsel for a petitioner who is or becomes financially

6 unable to afford counsel shall be in the discretion of the

7 court, except as provided by a rule promulgated by the

8 Supreme Court pursuant to statutory authority. Appoint9 ment of counsel under this section shall be governed by

10 section 3006A of title 18, United States Code.’’.

11 SEC. 206. SECTION 2255 AMENDMENTS.

12 Section 2255 of title 28, United States Code, is

13 amended—

14 (1) by striking the second paragraph and the

15 penultimate paragraph; and

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

17 paragraphs:

18 ‘‘A two-year period of limitation shall apply to a mo19 tion under this section. The limitation period shall run

20 from the latest of—

21 ‘‘(1) the time at which the judgment of convic22 tion becomes final;

23 ‘‘(2) the time at which the impediment to mak24 ing a motion created by governmental action in vio25 lation of the Constitution or laws of the United
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1 States is removed, where the movant was prevented

2 from making a motion by such governmental action;

3 ‘‘(3) the time at which the right asserted was

4 initially recognized by the Supreme Court, where the

5 right has been newly recognized by the Court and is

6 retroactively applicable; or

7 ‘‘(4) the time at which the factual predicate of

8 the claim or claims presented could have been dis9 covered through the exercise of reasonable diligence.

10 ‘‘In all proceedings brought under this section, and

11 any subsequent proceedings on review, appointment of

12 counsel for a movant who is or becomes financially unable

13 to afford counsel shall be in the discretion of the court,

14 except as provided by a rule promulgated by the Supreme

15 Court pursuant to statutory authority. Appointment of

16 counsel under this section shall be governed by section

17 3006A of title 18, United States Code.’’.

18 Subtitle B—Death Penalty

19 Litigation Procedures

20 SEC. 211. SHORT TITLE FOR SUBTITLE B.

21 This subtitle may be cited as the ‘‘Death Penalty

22 Litigation Procedures Act of 1993’’.
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1 SEC. 212. DEATH PENALTY LITIGATION PROCEDURES.

2 (a) ADDITION OF CHAPTER TO TITLE 28, UNITED

3 STATES CODE.—Title 28, United States Code, is amended

4 by inserting after chapter 153 the following new chapter:

5 ‘‘CHAPTER 154—SPECIAL HABEAS CORPUS

6 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.

7 ‘‘§ 2256. Prisoners in State custody subject to capital

8 sentence; appointment of counsel; re9 quirement of rule of court or statute; pro10 cedures for appointment

11 ‘‘(a) APPLICATION OF CHAPTER.—This chapter shall

12 apply to cases arising under section 2254 brought by pris13 oners in State custody who are subject to a capital sen14 tence. It shall apply only if the provisions of subsections

15 (b) and (c) are satisfied.

16 ‘‘(b) ESTABLISHMENT OF APPOINTMENT MECHA17 NISM.—This chapter is applicable if a State establishes by

18 rule of its court of last resort or by statute a mechanism

19 for the appointment, compensation and payment of rea-
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1 sonable litigation expenses of competent counsel in State

2 postconviction proceedings brought by indigent prisoners

3 whose capital convictions and sentences have been upheld

4 on direct appeal to the court of last resort in the State

5 or have otherwise become final for State law purposes. The

6 rule of court or statute must provide standards of com7 petency for the appointment of such counsel.

8 ‘‘(c) OFFER OF COUNSEL.—Any mechanism for the

9 appointment, compensation and reimbursement of counsel

10 as provided in subsection (b) must offer counsel to all

11 State prisoners under capital sentence and must provide

12 for the entry of an order by a court of record—

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

14 the prisoner upon a finding that the prisoner is indi15 gent and accepted the offer or is unable competently

16 to decide whether to accept or reject the offer;

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

18 the prisoner rejected the offer of counsel and made

19 the decision with an understanding of its legal con20 sequences; or

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

22 a finding that the prisoner is not indigent.

23 ‘‘(d) PREVIOUS REPRESENTATION.—No counsel ap24 pointed pursuant to subsections (b) and (c) to represent

25 a State prisoner under capital sentence shall have pre-
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1 viously represented the prisoner at trial or on direct appeal

2 in the case for which the appointment is made unless the

3 prisoner and counsel expressly request continued represen4 tation.

5 ‘‘(e) NO GROUND FOR RELIEF.—The ineffectiveness

6 or incompetence of counsel during State or Federal collat7 eral postconviction proceedings in a capital case shall not

8 be a ground for relief in a proceeding arising under section

9 2254. This limitation shall not preclude the appointment

10 of different counsel, on the court’s own motion or at the

11 request of the prisoner, at any phase of State or Federal

12 postconviction proceedings on the basis of the ineffective13 ness or incompetence of counsel in such proceedings.

14 ‘‘§ 2257. Mandatory stay of execution; duration; limits

15 on stays of execution; successive peti16 tions

17 ‘‘(a) STAY.—Upon the entry in the appropriate State

18 court of record of an order under section 2256(c), a war19 rant or order setting an execution date for a State pris20 oner shall be stayed upon application to any court that

21 would have jurisdiction over any proceedings filed under

22 section 2254. The application must recite that the State

23 has invoked the postconviction review procedures of this

24 chapter and that the scheduled execution is subject to

25 stay.
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1 ‘‘(b) EXPIRATION OF STAY.—A stay of execution

2 granted pursuant to subsection (a) shall expire if—

3 ‘‘(1) a State prisoner fails to file a habeas cor4 pus petition under section 2254 within the time re5 quired in section 2258, or fails to make a timely ap6 plication for court of appeals review following the de7 nial of such a petition by a district court;

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

9 of appeals review under section 2254 the petition for

10 relief is denied and—

11 ‘‘(A) the time for filing a petition for cer12 tiorari has expired and no petition has been

13 filed;

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

15 filed and the Supreme Court denied the peti16 tion; or

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

18 filed and upon consideration of the case, the

19 Supreme Court disposed of it in a manner that

20 left the capital sentence undisturbed; or

21 ‘‘(3) before a court of competent jurisdiction, in

22 the presence of counsel and after having been ad23 vised of the consequences of his decision, a State

24 prisoner under capital sentence waives the right to

25 pursue habeas corpus review under section 2254.
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1 ‘‘(c) LIMITATION ON FURTHER STAY.—If one of the

2 conditions in subsection (b) has occurred, no Federal court

3 thereafter shall have the authority to enter a stay of execu4 tion or grant relief in a capital case unless—

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

6 is a claim not previously presented in the State or

7 Federal courts;

8 ‘‘(2) the failure to raise the claim is—

9 ‘‘(A) the result of State action in violation

10 of the Constitution or laws of the United

11 States;

12 ‘‘(B) the result of the Supreme Court rec13 ognition of a new Federal right that is retro14 actively applicable; or

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

16 could not have been discovered through the ex17 ercise of reasonable diligence in time to present

18 the claim for State or Federal postconviction

19 review; and

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

21 sufficient, if proven, to undermine the court’s con22 fidence in the determination of guilt on the offense

23 or offenses for which the death penalty was imposed.
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1 ‘‘§ 2258. Filing of habeas corpus petition; time re2 quirements; tolling rules

3 ‘‘Any petition for habeas corpus relief under section

4 2254 must be filed in the appropriate district court within

5 180 days from the filing in the appropriate State court

6 of record of an order under section 2256(c). The time re7 quirements established by this section shall be tolled—

8 ‘‘(1) from the date that a petition for certiorari

9 is filed in the Supreme Court until the date of final

10 disposition of the petition if a State prisoner files

11 the petition to secure review by the Supreme Court

12 of the affirmance of a capital sentence on direct re13 view by the court of last resort of the State or other

14 final State court decision on direct review;

15 ‘‘(2) during any period in which a State pris16 oner under capital sentence has a properly filed re17 quest for postconviction review pending before a

18 State court of competent jurisdiction; if all State fil19 ing rules are met in a timely manner, this period

20 shall run continuously from the date that the State

21 prisoner initially files for postconviction review until

22 final disposition of the case by the highest court of

23 the State, but the time requirements established by

24 this section are not tolled during the pendency of a

25 petition for certiorari before the Supreme Court ex26 cept as provided in paragraph (1); and
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1 ‘‘(3) during an additional period not to exceed

2 60 days, if—

3 ‘‘(A) a motion for an extension of time is

4 filed in the Federal district court that would

5 have proper jurisdiction over the case upon the

6 filing of a habeas corpus petition under section

7 2254; and

8 ‘‘(B) a showing of good cause is made for

9 the failure to file the habeas corpus petition

10 within the time period established by this

11 section.

12 ‘‘§ 2259. Evidentiary hearings; scope of Federal re13 view; district court adjudication

14 ‘‘(a) REVIEW OF RECORD; HEARING.—Whenever a

15 State prisoner under a capital sentence files a petition for

16 habeas corpus relief to which this chapter applies, the dis17 trict court shall—

18 ‘‘(1) determine the sufficiency of the record for

19 habeas corpus review based on the claims actually

20 presented and litigated in the State courts except

21 when the prisoner can show that the failure to raise

22 or develop a claim in the State courts is—

23 ‘‘(A) the result of State action in violation

24 of the Constitution or laws of the United

25 States;
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1 ‘‘(B) the result of the Supreme Court rec2 ognition of a new Federal right that is retro3 actively applicable; or

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

5 could not have been discovered through the ex6 ercise of reasonable diligence in time to present

7 the claim for State postconviction review; and

8 ‘‘(2) conduct any requested evidentiary hearing

9 necessary to complete the record for habeas corpus

10 review.

11 ‘‘(b) ADJUDICATION.—Upon the development of a

12 complete evidentiary record, the district court shall rule

13 on the claims that are properly before it, but the court

14 shall not grant relief from a judgment of conviction or sen15 tence on the basis of any claim that was fully and fairly

16 adjudicated in State proceedings.

17 ‘‘§ 2260. Certificate of probable cause inapplicable

18 ‘‘The requirement of a certificate of probable cause

19 in order to appeal from the district court to the court of

20 appeals does not apply to habeas corpus cases subject to

21 this chapter except when a second or successive petition

22 is filed.
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1 ‘‘§ 2261. Application to State unitary review proce2 dure

3 ‘‘(a) IN GENERAL.—For purposes of this section, the

4 term ‘unitary review procedure’ means a State procedure

5 that authorizes a person under sentence of death to raise,

6 in the course of direct review of the judgment, such claims

7 as could be raised on collateral attack. This chapter shall

8 apply, as provided in this section, in relation to a State

9 unitary review procedure if the State establishes by rule

10 of its court of last resort or by statute a mechanism for

11 the appointment, compensation, and payment of reason12 able litigation expenses of competent counsel in the uni13 tary review proceedings, including expenses relating to the

14 litigation of collateral claims in the proceedings. The rule

15 of court or statute must provide standards of competency

16 for the appointment of such counsel.

17 ‘‘(b) OFFER OF COUNSEL.—A unitary review proce18 dure, to qualify under this section, must include an offer

19 of counsel following trial for the purpose of representation

20 on unitary review, and entry of an order, as provided in

21 section 2256(c), concerning appointment of counsel or

22 waiver or denial of appointment of counsel for that pur23 pose. No counsel appointed to represent the prisoner in

24 the unitary review proceedings shall have previously rep25 resented the prisoner at trial in the case for which the
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1 appointment is made unless the prisoner and counsel ex2 pressly request continued representation.

3 ‘‘(c) APPLICATION OF OTHER SECTIONS.—Sections

4 2257, 2258, 2259, 2260, and 2262 shall apply in relation

5 to cases involving a sentence of death from any State hav6 ing a unitary review procedure that qualifies under this

7 section. References to State ‘post-conviction review’ and

8 ‘direct review’ in those sections shall be understood as re9 ferring to unitary review under the State procedure. The

10 references in sections 2257(a) and 2258 to ‘an order

11 under section 2256(c)’ shall be understood as referring to

12 the post-trial order under subsection (b) concerning rep13 resentation in the unitary review proceedings, but if a

14 transcript of the trial proceedings is unavailable at the

15 time of the filing of such an order in the appropriate State

16 court, the start of the 180-day limitation period under sec17 tion 2258 shall be deferred until a transcript is made

18 available to the prisoner or the prisoner’s counsel.

19 ‘‘§ 2262. Limitation periods for determining petitions

20 ‘‘(a) IN GENERAL.—The adjudication of any petition

21 under section 2254 that is subject to this chapter, and

22 the adjudication of any motion under section 2255 by a

23 person under sentence of death, shall be given priority by

24 the district court and by the court of appeals over all
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1 noncapital matters. The adjudication of such a petition or

2 motion shall be subject to the following time limitations:

3 ‘‘(1) A Federal district court shall determine

4 such a petition or motion within 110 days of filing.

5 ‘‘(2)(A) The court of appeals shall hear and de6 termine any appeal relating to such a petition or

7 motion within 90 days after the notice of appeal is

8 filed.

9 ‘‘(B) The court of appeals shall decide any ap10 plication for rehearing en banc within 20 days of the

11 filing of the application unless a responsive pleading

12 is required, in which case the court of appeals shall

13 decide the application within 20 days of the filing of

14 the responsive pleading. If en banc consideration is

15 granted, the en banc court shall determine the ap16 peal within 90 days of the decision to grant such

17 consideration.

18 ‘‘(3) The Supreme Court shall act on any appli19 cation for a writ of certiorari relating to such a peti20 tion or motion within 90 days after the application

21 is filed.

22 ‘‘(b) APPLICATION OF SECTION.—The time limita23 tions under subsection (a) shall apply to an initial petition

24 or motion, and to any second or successive petition or mo25 tion. The same limitations shall also apply to the redeter-
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1 mination of a petition or motion or related appeal follow2 ing a remand by the court of appeals or the Supreme

3 Court for further proceedings, and in such a case the limi4 tation period shall run from the date of the remand.

5 ‘‘(c) RULE OF CONSTRUCTION.—The time limitations

6 under this section shall not be construed to entitle a peti7 tioner or movant to a stay of execution, to which the peti8 tioner or movant would otherwise not be entitled, for the

9 purpose of litigating any petition, motion, or appeal.

10 ‘‘(d) NO GROUND FOR RELIEF.—The failure of a

11 court to meet or comply with the time limitations under

12 this section shall not be a ground for granting relief from

13 a judgment of conviction or sentence. The State or Gov14 ernment may enforce the time limitations under this sec15 tion by applying to the court of appeals or the Supreme

16 Court for a writ of mandamus.

17 ‘‘(e) REPORT.—The Administrative Office of the

18 United States Courts shall report annually to Congress on

19 the compliance by the courts with the time limits estab20 lished in this section.

21 ‘‘§ 2263. Rule of construction

22 ‘‘This chapter shall be construed to promote the expe23 ditious conduct and conclusion of State and Federal court

24 review in capital cases.’’.
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1 (b) TECHNICAL AMENDMENT.—The part analysis for

2 part IV of title 28, United States Code, is amended by

3 adding after the item relating to chapter 153 the following

4 new item:

‘‘154. Special habeas corpus procedures in capital

cases ............................................................................ 2256.’’.

5 Subtitle C—Equalization of Capital

6 Habeas Corpus Litigation Funding

7 SEC. 221. FUNDING FOR DEATH PENALTY PROSECUTIONS.

8 Part E of title I of the Omnibus Crime Control and

9 Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is

10 amended by inserting after section 511 the following new

11 section:

12 ‘‘FUNDING FOR DEATH PENALTY PROSECUTIONS

13 ‘‘SEC. 511A. Notwithstanding any other provision of

14 this part, the Director shall provide grants to the States,

15 from the funding allocated pursuant to section 511, for

16 the purpose of supporting litigation pertaining to Federal

17 habeas corpus petitions in capital cases. The total funding

18 available for such grants within any fiscal year shall be

19 equal to the funding provided to capital resource centers,

20 pursuant to Federal appropriation, in the same fiscal

21 year.’’.
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1 TITLE III—EXCLUSIONARY RULE

2 SEC. 301. ADMISSIBILITY OF CERTAIN EVIDENCE.

3 (a) IN GENERAL.—Chapter 223 of title 18, United

4 States Code, is amended by adding at the end the follow5 ing new section:

6 ‘‘§ 3509. Admissibility of evidence obtained by search

7 or seizure

8 ‘‘(a) EVIDENCE OBTAINED BY OBJECTIVELY REA9 SONABLE SEARCH OR SEIZURE.—Evidence that is ob10 tained as a result of a search or seizure shall not be ex11 cluded in a proceeding in a court of the United States

12 on the ground that the search or seizure was in violation

13 of the fourth amendment to the Constitution of the United

14 States, if the search or seizure was carried out in cir15 cumstances justifying an objectively reasonable belief that

16 it was in conformity with the fourth amendment. The fact

17 that evidence was obtained pursuant to and within the

18 scope of a warrant constitutes prima facie evidence of the

19 existence of such circumstances.

20 ‘‘(b) EVIDENCE NOT EXCLUDABLE BY STATUTE OR

21 RULE.—Evidence shall not be excluded in a proceeding

22 in a court of the United States on the ground that it was

23 obtained in violation of a statute, an administrative rule

24 or regulation, or a rule of procedure unless exclusion is
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1 expressly authorized by statute or by a rule prescribed by

2 the Supreme Court pursuant to statutory authority.

3 ‘‘(c) RULE OF CONSTRUCTION.—This section shall

4 not be construed to require or authorize the exclusion of

5 evidence in any proceeding.’’.

6 (b) TECHNICAL AMENDMENT.—The chapter analysis

7 for chapter 223 of title 28, United States Code, is amend8 ed by adding at the end the following new item:

‘‘3509. Admissibility of evidence obtained by search or seizure.’’.

9 TITLE IV—RURAL CRIME AND

10 DRUG CONTROL

11 Subtitle A—Drug Trafficking in

12 Rural Areas

13 SEC. 401. AUTHORIZATIONS FOR RURAL LAW ENFORCE14 MENT AGENCIES.

15 (a) AUTHORIZATION OF APPROPRIATIONS.—Section

16 1001(a) of title I of the Omnibus Crime Control and Safe

17 Streets Act of 1968 is amended by adding at the end the

18 following new paragraph:

19 ‘‘(7) There are authorized to be appropriated

20 $50,000,000 for fiscal year 1994 and such sums as

21 are necessary for fiscal years 1995 and 1996 to

22 carry out part O of this title.’’.

23 (b) AMENDMENT TO BASE ALLOCATION.—Section

24 1501(a)(2)(A) of title I of the Omnibus Crime Control and
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1 Safe Streets Act of 1968 is amended by striking

2 ‘‘$100,000’’ and inserting ‘‘$250,000’’.

3 SEC. 402. RURAL CRIME AND DRUG ENFORCEMENT TASK

4 FORCES.

5 (a) ESTABLISHMENT.—Not later than 90 days after

6 the date of enactment of this Act, the Attorney General,

7 in consultation with the Governors, mayors, and chief ex8 ecutive officers of State and local law enforcement agen9 cies, shall establish a Rural Crime and Drug Enforcement

10 Task Force in each of the Federal judicial districts which

11 encompass significant rural lands.

12 (b) TASK FORCE MEMBERSHIP.—The task forces es13 tablished under subsection (a) shall be chaired by the

14 United States Attorney for the respective Federal judicial

15 district. The task forces shall include representatives

16 from—

17 (1) State and local law enforcement agencies;

18 (2) the Drug Enforcement Administration;

19 (3) the Federal Bureau of Investigation;

20 (4) the Immigration and Naturalization Service;

21 (5) the Customs Service;

22 (6) the United States Marshals Service; and

23 (7) law enforcement officers from the United

24 States Park Police, United States Forest Service

25 and Bureau of Land Management, and such other
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1 Federal law enforcement agencies as the Attorney

2 General may direct.

3 SEC. 403. CROSS-DESIGNATION OF FEDERAL OFFICERS.

4 (a) IN GENERAL.—The Attorney General may cross5 designate up to 100 law enforcement officers from each

6 of the agencies specified under section 1502(b)(6) with ju7 risdiction to enforce the provisions of the Controlled Sub8 stances Act on non-Federal lands and title 18 of the

9 United States Code to the extent necessary to effect the

10 purposes of this Act.

11 (b) ADEQUATE STAFFING.—The Attorney General

12 shall ensure that each of the task forces established in ac13 cordance with this title are adequately staffed with inves14 tigators and that additional investigators are provided

15 when requested by the task force.

16 SEC. 404. RURAL DRUG ENFORCEMENT TRAINING.

17 (a) SPECIALIZED TRAINING FOR RURAL OFFI18 CERS.—The Director of the Federal Law Enforcement

19 Training Center shall develop a specialized course of in20 struction devoted to training law enforcement officers

21 from rural agencies in the investigation of drug trafficking

22 and related crimes.

23 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

24 authorized to be appropriated to carry out subsection (a)

25 $1,000,000 for each of fiscal years 1994, 1995, and 1996.
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1 Subtitle B—Rural Drug Prevention

2 and Treatment

3 SEC. 411. RURAL SUBSTANCE ABUSE TREATMENT AND EDU4 CATION GRANTS.

5 Part A of title V of the Public Health Service Act

6 (42 U.S.C. 290aa et seq.) is amended by adding at the

7 end the following new section:

8 ‘‘SEC. 509H. RURAL SUBSTANCE ABUSE TREATMENT.

9 ‘‘(a) IN GENERAL.—The Director of the Office for

10 Treatment Improvement (referred to in this section as the

11 ‘Director’) shall establish a program to provide grants to

12 hospitals, community health centers, migrant health cen13 ters, health entities of Indian tribes and tribal organiza14 tions (as defined in section 1913(b)(5)), and other appro15 priate entities that serve nonmetropolitan areas to assist

16 such entities in developing and implementing projects that

17 provide, or expand the availability of, substance abuse

18 treatment services.

19 ‘‘(b) REQUIREMENTS.—To receive a grant under this

20 section a hospital, community health center, or treatment

21 facility shall—

22 ‘‘(1) serve a nonmetropolitan area or have a

23 substance abuse treatment program that is designed

24 to serve a nonmetropolitan area;
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1 ‘‘(2) operate, or have a plan to operate, an ap2 proved substance abuse treatment program;

3 ‘‘(3) agree to coordinate the project assisted

4 under this section with substance abuse treatment

5 activities within the State and local agencies respon6 sible for substance abuse treatment; and

7 ‘‘(4) prepare and submit an application in ac8 cordance with subsection (c).

9 ‘‘(c) APPLICATION.—

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

11 grant under this section an entity shall submit an

12 application to the Director at such time, in such

13 manner, and containing such information as the Di14 rector shall require.

15 ‘‘(2) COORDINATED APPLICATIONS.—State

16 agencies that are responsible for substance abuse

17 treatment may submit coordinated grant applica18 tions on behalf of entities that are eligible for grants

19 pursuant to subsection (b).

20 ‘‘(d) PREVENTION PROGRAMS.—

21 ‘‘(1) IN GENERAL.—Each entity receiving a

22 grant under this section may use a portion of such

23 grant funds to further community-based substance

24 abuse prevention activities.
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1 ‘‘(2) REGULATIONS.—The Director, in con2 sultation with the Director of the Office of Sub3 stance Abuse Prevention, shall promulgate regula4 tions regarding the activities described in paragraph

5 (1).

6 ‘‘(e) SPECIAL CONSIDERATION.—In awarding grants

7 under this section the Director shall give priority to—

8 ‘‘(1) projects sponsored by rural hospitals that

9 are qualified to receive rural health care transition

10 grants as provided for in section 4005(e) of the Om11 nibus Budget Reconciliation Act of 1987;

12 ‘‘(2) projects serving nonmetropolitan areas

13 that establish links and coordinate activities between

14 hospitals, community health centers, community

15 mental health centers, and substance abuse treat16 ment centers; and

17 ‘‘(3) projects that are designed to serve areas

18 that have no available existing treatment facilities.

19 ‘‘(f) DURATION.—Grants awarded under subsection

20 (a) shall be for a period not to exceed 3 years, except that

21 the Director may establish a procedure for renewal of

22 grants under subsection (a).

23 ‘‘(g) GEOGRAPHIC DISTRIBUTION.—To the extent

24 practicable, the Director shall provide grants to fund at

25 least one project in each State.
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1 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—For the

2 purpose of carrying out this section there is authorized

3 to be appropriated $25,000,000 for each of fiscal years

4 1994 and 1995.’’.

5 Subtitle C—Rural Areas

6 Enhancement

7 SEC. 421. ASSET FORFEITURE.

8 The assets seized as a result of investigations initi9 ated by a Rural Drug Enforcement Task Force shall be

10 used primarily to enhance the operations of the task force

11 and its participating State and local enforcement agencies.

12 SEC. 422. PROSECUTION OF CLANDESTINE LABORATORY

13 OPERATORS.

14 (a) CRIMINAL CHARGES.—State and Federal pros15 ecutors, when bringing charges against the operators of

16 clandestine methamphetamine and other dangerous drug

17 laboratories, shall, to the fullest extent possible, include,

18 in addition to drug-related counts, counts involving in19 fringements of the Resource Conservation and Recovery

20 Act or any other environmental protection Act, includ21 ing—

22 (1) illegal disposal of hazardous waste; and

23 (2) knowing endangerment of the environment.

24 (b) CIVIL ACTIONS.—Federal prosecutors may bring

25 suit against the operators of clandestine methamphet-
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1 amine and other dangerous drug laboratories for environ2 mental and health related damages caused by the opera3 tors in their manufacture of illicit substances.

4 TITLE V—FIREARMS AND

5 RELATED AMENDMENTS

6 Subtitle A—General Provisions

7 SEC. 501. SMUGGLING FIREARMS IN AID OF DRUG

8 TRAFFICKING.

9 Section 924 of title 18, United States Code, as

10 amended by section 136, is amended by adding at the end

11 the following new subsection:

12 ‘‘(j) Whoever, with the intent to engage in or to pro13 mote conduct that—

14 ‘‘(1) is punishable under the Controlled Sub15 stances Act (21 U.S.C. 801 et seq.), the Controlled

16 Substances Import and Export Act (21 U.S.C. 951

17 et seq.), or the Maritime Drug Law Enforcement

18 Act (46 U.S.C. App. 1901 et seq.);

19 ‘‘(2) violates any law of a State relating to any

20 controlled substance (as defined in section 102 of

21 the Controlled Substances Act (21 U.S.C. 802)); or

22 ‘‘(3) constitutes a crime of violence (as defined

23 in subsection (c)(3) of this section),
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1 smuggles or knowingly brings into the United States a

2 firearm, or attempts to do so, shall be imprisoned not

3 more than 10 years, fined under this title, or both.’’.

4 SEC. 502. PROHIBITION AGAINST THEFT OF FIREARMS OR

5 EXPLOSIVES.

6 (a) FIREARMS.—Section 924 of title 18, United

7 States Code, is amended by adding at the end the follow8 ing new subsection:

9 ‘‘(j) Whoever steals any firearm which is moving as,

10 or is a part of, or which has moved in, interstate or foreign

11 commerce shall be imprisoned not more than 10 years,

12 fined in accordance with this title, or both.’’.

13 (b) EXPLOSIVES.—Section 844 of title 18, United

14 States Code, is amended by adding at the end the follow15 ing new subsection:

16 ‘‘(j) Whoever steals any explosive materials which are

17 moving as, or are a part of, or which have moved in, inter18 state or foreign commerce shall be imprisoned not more

19 than 10 years, fined in accordance with this title, or

20 both.’’.
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1 SEC. 503. INCREASED PENALTY FOR KNOWINGLY FALSE,

2 MATERIAL STATEMENT IN CONNECTION

3 WITH THE ACQUISITION OF A FIREARM FROM

4 A LICENSED DEALER.

5 Section 924(a) of title 18, United States Code, is

6 amended—

7 (1) in paragraph (1)(B) by striking ‘‘(a)(6),’’;

8 and

9 (2) in paragraph (2) by inserting ‘‘(a)(6),’’

10 after ‘‘subsection’’.

11 SEC. 504. SUMMARY DESTRUCTION OF EXPLOSIVES SUB12 JECT TO FORFEITURE.

13 Section 844(c) of title 18, United States Code, is

14 amended—

15 (1) by inserting ‘‘(1)’’ before ‘‘Any’’; and

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

17 paragraphs:

18 ‘‘(2) Notwithstanding paragraph (1), in the case of

19 the seizure of any explosive materials for any offense for

20 which the materials would be subject to forfeiture where

21 it is impracticable or unsafe to remove the materials to

22 a place of storage, or where it is unsafe to store them,

23 the seizing officer may destroy the explosive materials

24 forthwith. Any destruction under this paragraph shall be

25 in the presence of at least one credible witness. The seizing
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1 officer shall make a report of the seizure and take samples

2 as the Secretary may by regulation prescribe.

3 ‘‘(3) Within 60 days after any destruction made pur4 suant to paragraph (2), the owner of, including any person

5 having an interest in, the property so destroyed may make

6 application to the Secretary for reimbursement of the

7 value of the property. If the claimant establishes to the

8 satisfaction of the Secretary that—

9 ‘‘(A) the property has not been used or involved

10 in a violation of law; or

11 ‘‘(B) any unlawful involvement or use of the

12 property was without the claimant’s knowledge, con13 sent, or willful blindness,

14 the Secretary shall make an allowance to the claimant not

15 exceeding the value of the property destroyed.’’.

16 SEC. 505. ELIMINATION OF OUTMODED LANGUAGE RELAT17 ING TO PAROLE.

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

19 amended—

20 (1) in subsection (c)(1) by striking ‘‘No person

21 sentenced under this subsection shall be eligible for

22 parole during the term of imprisonment imposed

23 herein.’’; and
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1 (2) in subsection (e)(1) by striking ‘‘, and such

2 person shall not be eligible for parole with respect to

3 the sentence imposed under this subsection’’.

4 SEC. 506. RECEIPT OF FIREARMS BY NONRESIDENT.

5 Section 922(a) of title 18, United States Code, is

6 amended—

7 (1) in paragraph (7)(C) by striking ‘‘and’’;

8 (2) in paragraph (8)(C) by striking the period

9 and inserting ‘‘; and’’; and

10 (3) by adding at the end the following new

11 paragraph:

12 ‘‘(9) for any person, other than a licensed im13 porter, licensed manufacturer, licensed dealer, or li14 censed collector, who does not reside in any State to

15 receive any firearms unless such receipt is for lawful

16 sporting purposes.’’.

17 SEC. 507. PROHIBITION OF THEFT OF FIREARMS OR EXPLO18 SIVES FROM LICENSEE.

19 (a) FIREARMS.—Section 924 of title 18, United

20 States Code, as amended by section 402(a), is amended

21 by adding at the end the following new subsection:

22 ‘‘(k) Whoever steals any firearm from a licensed im23 porter, licensed manufacturer, licensed dealer, or licensed

24 collector shall be fined in accordance with this title, im25 prisoned not more than 10 years, or both.’’.
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1 (b) EXPLOSIVES.—Section 844 of title 18, United

2 States Code, as amended by section 402(b), is amended

3 by adding at the end the following new subsection:

4 ‘‘(k) Whoever steals any explosive material from a li5 censed importer, licensed manufacturer, licensed dealer, or

6 permittee shall be fined in accordance with this title, im7 prisoned not more than 10 years, or both.’’.

8 SEC. 508. INCREASED PENALTY FOR INTERSTATE GUN

9 TRAFFICKING.

10 Section 924 of title 18, United States Code, as

11 amended by section 407(a), is amended by adding at the

12 end the following new subsection:

13 ‘‘(l) Whoever, with the intent to engage in conduct

14 that constitutes a violation of section 922(a)(1)(A), travels

15 from any State or foreign country into any other State

16 and acquires, or attempts to acquire, a firearm in such

17 other State in furtherance of such purpose shall be impris18 oned for not more than 10 years.’’.

19 SEC. 509. PROHIBITION OF TRANSACTIONS INVOLVING

20 STOLEN FIREARMS WHICH HAVE MOVED IN

21 INTERSTATE OR FOREIGN COMMERCE.

22 Section 922(j) of title 18, United States Code, is

23 amended to read as follows:

24 ‘‘(j) It shall be unlawful for any person to receive,

25 possess, conceal, store, barter, sell, or dispose of any stolen
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1 firearm or stolen ammunition, or pledge or accept as secu2 rity for a loan any stolen firearm or stolen ammunition,

3 which is moving as, which is a part of, which constitutes,

4 or which has been shipped or transported in, interstate

5 or foreign commerce, either before or after it was stolen,

6 knowing or having reasonable cause to believe that the

7 firearm or ammunition was stolen.’’.

8 SEC. 510. POSSESSION OF EXPLOSIVES BY FELONS AND

9 OTHERS.

10 Section 842(i) of title 18, United States Code, is

11 amended by inserting ‘‘or possess’’ after ‘‘to receive’’.

12 SEC. 511. DISPOSITION OF FORFEITED FIREARMS.

13 Subsection 5872(b) of the Internal Revenue Code of

14 1986 is amended to read as follows:

15 ‘‘(b) DISPOSAL.—In the case of the forfeiture of any

16 firearm, where there is no remission or mitigation of for17 feiture thereof—

18 ‘‘(1) the Secretary may retain the firearm for

19 official use of the Department of the Treasury or, if

20 not so retained, offer to transfer the weapon without

21 charge to any other executive department or inde22 pendent establishment of the Government for official

23 use by it and, if the offer is accepted, so transfer the

24 firearm;
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1 ‘‘(2) if the firearm is not disposed of pursuant

2 to paragraph (1), is a firearm other than a machine3 gun or firearm forfeited for a violation of this chap4 ter, is a firearm that in the opinion of the Secretary

5 is not so defective that its disposition pursuant to

6 this paragraph would create an unreasonable risk of

7 a malfunction likely to result in death or bodily in8 jury, and is a firearm which (in the judgment of the

9 Secretary, taking into consideration evidence of

10 present value and evidence that like firearms are not

11 available except as collector’s items, or that the

12 value of like firearms available in ordinary commer13 cial channels is substantially less) derives a substan14 tial part of its monetary value from the fact that it

15 is novel or rare or because of its association with

16 some historical figure, period, or event, the Sec17 retary may sell the firearm, after public notice, at

18 public sale to a dealer licensed under chapter 44 of

19 title 18, United States Code;

20 ‘‘(3) if the firearm has not been disposed or

21 pursuant to paragraph (1) or (2), the Secretary

22 shall transfer the firearm to the Administrator of

23 General Services, who shall destroy or provide for

24 the destruction of such firearm; and
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1 ‘‘(4) no decision or action of the Secretary pur2 suant to this subsection shall be subject to judicial

3 review.’’.

4 SEC. 512. DEFINITION OF BURGLARY UNDER THE ARMED

5 CAREER CRIMINAL STATUTE.

6 Section 924(e)(2) of title 18, United States Code, is

7 amended—

8 (1) by striking ‘‘and’’ at the end of subpara9 graph (B);

10 (2) by striking the period at the end of sub11 paragraph (C) and inserting ‘‘; and’’; and

12 (3) by adding at the end the following new sub13 paragraph:

14 ‘‘(D) the term ‘burglary’ means a crime that—

15 ‘‘(i) consists of entering or remaining sur16 reptitiously within a building that is the prop17 erty of another person with intent to engage in

18 conduct constituting a Federal or State offense;

19 and

20 ‘‘(ii) is punishable by a term of imprison21 ment exceeding 1 year.’’.
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1 Subtitle B—Brady Handgun

2 Violence Prevention Act

3 SEC. 521. SHORT TITLE.

4 This subtitle may be cited as the ‘‘Brady Handgun

5 Violence Prevention Act’’.

6 SEC. 522. FEDERAL FIREARMS LICENSEE REQUIRED TO

7 CONDUCT CRIMINAL BACKGROUND CHECK

8 BEFORE TRANSFER OF FIREARM TO

9 NONLICENSEE.

10 (a) INTERIM PROVISION.—

11 (1) IN GENERAL.—Section 922 of title 18,

12 United States Code, is amended by adding at the

13 end the following:

14 ‘‘(s)(1) Beginning on the date that is 90 days after

15 the date of enactment of this subsection and ending on

16 the day before the date that the Attorney General certifies

17 under section 523(d)(1) of the Brady Handgun Violence

18 Prevention Act that the national instant criminal back19 ground check system is established (except as provided in

20 paragraphs (2) and (3) of such section), it shall be unlaw21 ful for any licensed importer, licensed manufacturer, or

22 licensed dealer to sell, deliver, or transfer a handgun to

23 an individual who is not licensed under section 923, un24 less—
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1 ‘‘(A) after the most recent proposal of such

2 transfer by the transferee—

3 ‘‘(i) the transferor has—

4 ‘‘(I) received from the transferee a

5 statement of the transferee containing the

6 information described in paragraph (3);

7 ‘‘(II) verified the identity of the trans8 feree by examining the identification docu9 ment presented;

10 ‘‘(III) within 1 day after the trans11 feree furnishes the statement, provided no12 tice of the contents of the statement to the

13 chief law enforcement officer of the place

14 of residence of the transferee; and

15 ‘‘(IV) within 1 day after the trans16 feree furnishes the statement, transmitted

17 a copy of the statement to the chief law

18 enforcement officer of the place of resi19 dence of the transferee; and

20 ‘‘(ii)(I) 5 business days (as defined by days

21 in which State offices are open) have elapsed

22 from the date the transferor furnished notice of

23 the contents of the statement to the chief law

24 enforcement officer, during which period the

25 transferor has not received information from
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1 the chief law enforcement officer that receipt or

2 possession of the handgun by the transferee

3 would be in violation of Federal, State, or local

4 law; or

5 ‘‘(II) the transferor has received notice

6 from the chief law enforcement officer that the

7 officer has no information indicating that re8 ceipt or possession of the handgun by the trans9 feree would violate Federal, State, or local law;

10 ‘‘(B) the transferee has presented to the trans11 feror a written statement, issued by the chief law en12 forcement officer of the place of residence of the

13 transferee during the 10-day period ending on the

14 date of the most recent proposal of such transfer by

15 the transferee, stating that the transferee requires

16 access to a handgun because of a threat to the life

17 of the transferee or of any member of the household

18 of the transferee;

19 ‘‘(C)(i) the transferee has presented to the

20 transferor a permit that—

21 ‘‘(I) allows the transferee to possess a

22 handgun; and

23 ‘‘(II) was issued not more than 5 years

24 earlier by the State in which the transfer is to

25 take place; and
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1 ‘‘(ii) the law of the State provides that such a

2 permit is to be issued only after an authorized gov3 ernment official has verified that the information

4 available to such official does not indicate that pos5 session of a handgun by the transferee would be in

6 violation of the law;

7 ‘‘(D) the law of the State requires that, before

8 any licensed importer, licensed manufacturer, or li9 censed dealer completes the transfer of a handgun to

10 an individual who is not licensed under section 923,

11 an authorized government official verify that the in12 formation available to such official does not indicate

13 that possession of a handgun by the transferee

14 would be in violation of law, except that this sub15 paragraph shall not apply to a State that, on the

16 date of certification pursuant to section 523(d) of

17 the Brady Handgun Violence Prevention Act, is not

18 in compliance with the timetable established pursu19 ant to section 523(c) of such Act;

20 ‘‘(E) the Secretary has approved the transfer

21 under section 5812 of the Internal Revenue Code of

22 1986; or

23 ‘‘(F) on application of the transferor, the Sec24 retary has certified that compliance with subpara25 graph (A)(i)(III) is impracticable because—
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1 ‘‘(i) the ratio of the number of law enforce2 ment officers of the State in which the transfer

3 is to occur to the number of square miles of

4 land area of the State does not exceed 0.0025;

5 ‘‘(ii) the business premises of the trans6 feror at which the transfer is to occur are ex7 tremely remote in relation to the chief law en8 forcement officer; and

9 ‘‘(iii) there is an absence of telecommuni10 cations facilities in the geographical area in

11 which the business premises are located.

12 ‘‘(2) A chief law enforcement officer to whom a trans13 feror has provided notice pursuant to paragraph

14 (1)(A)(i)(III) shall make a reasonable effort to ascertain

15 within 5 business days whether the transferee has a crimi16 nal record or whether there is any other legal impediment

17 to the transferee’s receiving a handgun, including research

18 in whatever State and local recordkeeping systems are

19 available and in a national system designated by the Attor20 ney General.

21 ‘‘(3) The statement referred to in paragraph

22 (1)(A)(i)(I) shall contain only—

23 ‘‘(A) the name, address, and date of birth

24 appearing on a valid identification document (as de25 fined in section 1028(d)(1)) of the transferee con-
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1 taining a photograph of the transferee and a de2 scription of the identification used;

3 ‘‘(B) a statement that transferee—

4 ‘‘(i) is not under indictment for, and has

5 not been convicted in any court of, a crime pun6 ishable by imprisonment for a term exceeding 1

7 year;

8 ‘‘(ii) is not a fugitive from justice;

9 ‘‘(iii) is not an unlawful user of or addicted

10 to any controlled substance (as defined in sec11 tion 102 of the Controlled Substances Act);

12 ‘‘(iv) has not been adjudicated as a mental

13 defective or been committed to a mental institu14 tion;

15 ‘‘(v) is not an alien who is illegally or un16 lawfully in the United States;

17 ‘‘(vi) has not been discharged from the

18 Armed Forces under dishonorable conditions;

19 and

20 ‘‘(vii) is not a person who, having been a

21 citizen of the United States, has renounced

22 such citizenship;

23 ‘‘(C) the date the statement is made; and

24 ‘‘(D) notice that the transferee intends to ob25 tain a handgun from the transferor.
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1 ‘‘(4) Any transferor of a handgun who, after such

2 transfer, receives a report from a chief law enforcement

3 officer containing information that receipt or possession

4 of the handgun by the transferee violates Federal, State,

5 or local law shall immediately communicate all information

6 the transferor has about the transfer and the transferee

7 to—

8 ‘‘(A) the chief law enforcement officer of the

9 place of business of the transferor; and

10 ‘‘(B) the chief law enforcement officer of the

11 place of residence of the transferee.

12 ‘‘(5) Any transferor who receives information, not

13 otherwise available to the public, in a report under this

14 subsection shall not disclose such information except to

15 the transferee, to law enforcement authorities, or pursuant

16 to the direction of a court of law.

17 ‘‘(6)(A) Any transferor who sells, delivers, or other18 wise transfers a handgun to a transferee shall retain the

19 copy of the statement of the transferee with respect to

20 the handgun transaction, and shall retain evidence that

21 the transferor has complied with subclauses (III) and (IV)

22 of paragraph (1)(A)(i) with respect to the statement.

23 ‘‘(B) Unless the chief law enforcement officer to

24 whom a statement is transmitted under paragraph
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1 (1)(A)(i)(IV) determines that a transaction would violate

2 Federal, State, or local law—

3 ‘‘(i) the officer shall, within 20 business days

4 after the date the transferee made the statement on

5 the basis of which the notice was provided, destroy

6 the statement and any record containing information

7 derived from the statement;

8 ‘‘(ii) the information contained in the statement

9 shall not be conveyed to any person except a person

10 who has a need to know in order to carry out this

11 subsection; and

12 ‘‘(iii) the information contained in the state13 ment shall not be used for any purpose other than

14 to carry out this subsection.

15 ‘‘(7) A chief law enforcement officer or other person

16 responsible for providing criminal history background in17 formation pursuant to this subsection shall not be liable

18 in an action at law for damages—

19 ‘‘(A) for failure to prevent the sale or transfer

20 of a handgun to a person whose receipt or posses21 sion of the handgun is unlawful under this section;

22 or

23 ‘‘(B) for preventing such a sale or transfer to

24 a person who may lawfully receive or possess a

25 handgun.
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1 ‘‘(8) For purposes of this subsection, the term ‘chief

2 law enforcement officer’ means the chief of police, the

3 sheriff, or an equivalent officer or the designee of any such

4 individual.

5 ‘‘(9) The Secretary shall take necessary actions to en6 sure that the provisions of this subsection are published

7 and disseminated to licensed dealers, law enforcement offi8 cials, and the public.’’.

9 (2) HANDGUN DEFINED.—Section 921(a) of

10 such title is amended by adding at the end the fol11 lowing:

12 ‘‘(29) The term ‘handgun’ means—

13 ‘‘(A) a firearm which has a short stock and is

14 designed to be held and fired by the use of a single

15 hand; and

16 ‘‘(B) any combination of parts from which a

17 firearm described in subparagraph (A) can be as18 sembled.’’.

19 (b) PERMANENT PROVISION.—Section 922 of title

20 18, United States Code, as amended by subsection (a)(1)

21 of this section, is amended by adding at the end the

22 following:

23 ‘‘(t)(1) Beginning on the date that the Attorney Gen24 eral certifies under section 523(d)(1) of the Brady Hand25 gun Violence Prevention Act that the national instant
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1 criminal background check system is established (except

2 as provided in paragraphs (2) and (3) of such section),

3 a licensed importer, licensed manufacturer, or licensed

4 dealer shall not transfer a firearm to any other person

5 who is not such a licensee, unless—

6 ‘‘(A) before the completion of the transfer, the

7 licensee contacts the national instant criminal back8 ground check system established under section 523

9 of such Act;

10 ‘‘(B) the system notifies the licensee that the

11 system has not located any record that demonstrates

12 that the receipt of a firearm by such other person

13 would violate subsection (g) or (n) of this section or

14 any State or local law; and

15 ‘‘(C) the transferor has verified the identity of

16 the transferee by examining a valid identification

17 document (as defined in section 1028(d)(1) of this

18 title) of the transferee containing a photograph of

19 the transferee.

20 ‘‘(2) Paragraph (1) shall not apply to a firearm

21 transfer between a licensee and another person if—

22 ‘‘(A)(i) such other person has presented to the

23 licensee a permit that—

24 ‘‘(I) allows such other person to possess a

25 firearm; and
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1 ‘‘(II) was issued not more than 5 years

2 earlier by the State in which the transfer is to

3 take place; and

4 ‘‘(ii) the law of the State provides that such a

5 permit is to be issued only after an authorized gov6 ernment official has verified that the information

7 available to such official does not indicate that pos8 session of a firearm by such other person would be

9 in violation of law;

10 ‘‘(B) the Secretary has approved the transfer

11 under section 5812 of the Internal Revenue Code of

12 1986; or

13 ‘‘(C) on application of the transferor, the Sec14 retary has certified that compliance with paragraph

15 (1)(A) is impracticable because—

16 ‘‘(i) the ratio of the number of law enforce17 ment officers of the State in which the transfer

18 is to occur to the number of square miles of

19 land area of the State does not exceed 0.0025;

20 ‘‘(ii) the business premises of the licensee

21 at which the transfer is to occur are extremely

22 remote in relation to the chief law enforcement

23 officer (as defined in subsection (s)(8)); and
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1 ‘‘(iii) there is an absence of telecommuni2 cations facilities in the geographical area in

3 which the business premises are located.

4 ‘‘(3) If the national instant criminal background

5 check system notifies the licensee that the information

6 available to the system does not demonstrate that the re7 ceipt of a firearm by such other person would violate sub8 section (g) or (n), and the licensee transfers a firearm to

9 such other person, the licensee shall include in the record

10 of the transfer the unique identification number provided

11 by the system with respect to the transfer.

12 ‘‘(4) In addition to the authority provided under sec13 tion 923(e), if the licensee knowingly transfers a firearm

14 to such other person and knowingly fails to comply with

15 paragraph (1) of this subsection with respect to the trans16 fer and, at the time such other person most recently pro17 posed the transfer, the national instant criminal back18 ground check system was operating and information was

19 available to the system demonstrating that receipt of a

20 firearm by such other person would violate subsection (g)

21 or (n) of this section, the Secretary may, after notice and

22 opportunity for a hearing, suspend for not more than 6

23 months or revoke any license issued to the licensee under

24 section 923, and may impose on the licensee a civil fine

25 of not more than $5,000.
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1 ‘‘(5) Neither a local government nor an employee of

2 the Federal Government or of any State or local govern3 ment, responsible for providing information to the national

4 instant criminal background check system shall be liable

5 in an action at law for damages—

6 ‘‘(A) for failure to prevent the sale or transfer

7 of a handgun to a person whose receipt or posses8 sion of the handgun is unlawful under this section;

9 or

10 ‘‘(B) for preventing such a sale or transfer to

11 a person who may lawfully receive or possess a

12 handgun.’’.

13 (c) PENALTY.—Section 924(a) of title 18, United

14 States Code, is amended—

15 (1) in paragraph (1), by striking ‘‘paragraph

16 (2) or (3) of’’; and

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

18 ‘‘(5) Whoever knowingly violates subsection (s) or (t)

19 of section 922 shall be fined not more than $1,000, impris20 oned for not more than 1 year, or both.’’.

21 SEC. 523. NATIONAL INSTANT CRIMINAL BACKGROUND

22 CHECK SYSTEM.

23 (a) ESTABLISHMENT OF SYSTEM.—The Attorney

24 General of the United States shall establish a national in25 stant criminal background check system that any licensee
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1 may contact for information on whether receipt of a fire2 arm by a prospective transferee thereof would violate sub3 section (g) or (n) of section 922 of title 18, United States

4 Code, or any State or local law.

5 (b) EXPEDITED ACTION BY THE ATTORNEY GEN6 ERAL.—The Attorney General shall expedite—

7 (1) the upgrading and indexing of State crimi8 nal history records in the Federal criminal records

9 system maintained by the Federal Bureau of Inves10 tigation;

11 (2) the development of hardware and software

12 systems to link State criminal history check systems

13 into the national instant criminal background check

14 system established by the Attorney General pursuant

15 to this section; and

16 (3) the current revitalization initiatives by the

17 Federal Bureau of Investigation for technologically

18 advanced fingerprint and criminal records identifica19 tion.

20 (c) PROVISION OF STATE CRIMINAL RECORDS TO

21 THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK

22 SYSTEM.—(1) Not later than 6 months after the date of

23 enactment of this Act, the Attorney General shall—

24 (A) determine the type of computer hardware

25 and software that will be used to operate the na-
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1 tional instant criminal background check system and

2 the means by which State criminal records systems

3 will communicate with the national system;

4 (B) investigate the criminal records system of

5 each State and determine for each State a timetable

6 by which the State should be able to provide crimi7 nal records on an on line capacity basis to the na8 tional system;

9 (C) notify each State of the determinations

10 made pursuant to subparagraphs (A) and (B).

11 (2) The Attorney General shall require as a part of

12 the State timetable that the State achieve, by the end of

13 5 years after the date of enactment of this Act, at least

14 80 percent currency of case dispositions in computerized

15 criminal history files for all cases in which there has been

16 an event of activity within the last 5 years and continue

17 to maintain such a system.

18 (d) NATIONAL SYSTEM CERTIFICATION.—(1) On the

19 date that is 30 months after the date of enactment of this

20 Act, and at any time thereafter, the Attorney General shall

21 determine whether—

22 (A) the national system has achieved at least

23 80 percent currency of case dispositions in comput24 erized criminal history files for all cases in which
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1 there has been an event of activity within the last

2 5 years on a national average basis; and

3 (B) the States are in compliance with the time4 table established pursuant to subsection (c),

5 and, if so, shall certify that the national system is estab6 lished.

7 (2) If, on the date of certification in paragraph (1)

8 of this subsection, a State is not in compliance with the

9 timetable established pursuant to subsection (c) of this

10 section, section 922(s) of title 18, United States Code,

11 shall remain in effect in such State and section 922(t) of

12 such title shall not apply to the State. The Attorney Gen13 eral shall certify if a State subject to the provisions of

14 section 922(s) under the preceding sentence achieves com15 pliance with its timetable after the date of certification

16 in paragraph (1) of this subsection, and section 922(s) of

17 title 18, United States Code, shall not apply to such State

18 and section 922(t) of such title shall apply to the State.

19 (3) Six years after the date of enactment of this Act,

20 the Attorney General shall certify whether or not a State

21 is in compliance with subsection (c)(2) of this section and

22 if the State is not in compliance, section 922(s) of title

23 18, United States Code, shall apply to the State and sec24 tion 922(t) of such title shall not apply to the State. The

25 Attorney General shall certify if a State subject to the pro-
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1 visions of section 922(s) under the preceding sentence

2 achieves compliance with the standards in subsection

3 (c)(2) of this section, and section 922(s) of title 18, United

4 States Code, shall not apply to the State and section

5 922(t) of such title shall apply to the State.

6 (e) NOTIFICATION OF LICENSEES.—On establish7 ment of the system under this section, the Attorney Gen8 eral shall notify each licensee and the chief law enforce9 ment officer of each State of the existence and purpose

10 of the system and the means to be used to contact the

11 system.

12 (f) ADMINISTRATIVE PROVISIONS.—

13 (1) AUTHORITY TO OBTAIN OFFICIAL INFORMA14 TION.—Notwithstanding any other law, the Attorney

15 General may secure directly from any department or

16 agency of the United States such information on

17 persons for whom receipt of a firearm would violate

18 subsection (g) or (n) of section 922 of title 18, Unit19 ed States Code, or any State or local law, as is nec20 essary to enable the system to operate in accordance

21 with this section. On request of the Attorney Gen22 eral, the head of such department or agency shall

23 furnish such information to the system.

24 (2) OTHER AUTHORITY.—The Attorney General

25 shall develop such computer software, design and ob-
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1 tain such telecommunications and computer hard2 ware, and employ such personnel, as are necessary

3 to establish and operate the system in accordance

4 with this section.

5 (g) CORRECTION OF ERRONEOUS SYSTEM INFORMA6 TION.—If the system established under this section in7 forms an individual contacting the system that receipt of

8 a firearm by a prospective transferee would violate sub9 section (g) or (n) of section 922 of title 18, United States

10 Code, or any State or local law, the prospective transferee

11 may request the Attorney General to provide the prospec12 tive transferee with the reasons therefor. Upon receipt of

13 such a request, the Attorney General shall immediately

14 comply with the request. The prospective transferee may

15 submit to the Attorney General information that to cor16 rect, clarify, or supplement records of the system with re17 spect to the prospective transferee. After receipt of such

18 information, the Attorney General shall immediately con19 sider the information, investigate the matter further, and

20 correct all erroneous Federal records relating to the pro21 spective transferee and give notice of the error to any Fed22 eral department or agency or any State that was the

23 source of such erroneous records.

24 (h) REGULATIONS.—After 90 days notice to the pub25 lic and an opportunity for hearing by interested parties,
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1 the Attorney General shall prescribe regulations to ensure

2 the privacy and security of the information of the system

3 established under this section.

4 (i) PROHIBITIONS RELATING TO ESTABLISHMENT OF

5 REGISTRATION SYSTEMS WITH RESPECT TO FIRE6 ARMS.—No department, agency, officer, or employee of

7 the United States may—

8 (1) require that any record or portion thereof

9 maintained by the system established under this sec10 tion be recorded at or transferred to a facility

11 owned, managed, or controlled by the United States

12 or any State or political subdivision thereof; or

13 (2) use the system established under this sec14 tion to establish any system for the registration of

15 firearms, firearm owners, or firearm transactions or

16 dispositions, except with respect to persons prohib17 ited by section 922 (g) or (n) of title 18, United

18 States Code, from receiving a firearm.

19 (j) DEFINITIONS.—As used in this section:

20 (1) LICENSEE.—The term ‘‘licensee’’ means a

21 licensed importer, licensed manufacturer, or licensed

22 dealer under section 923 of title 18, United States

23 Code.

24 (2) OTHER TERMS.—The terms ‘‘firearm’’, ‘‘li25 censed importer’’, ‘‘licensed manufacturer’’, and ‘‘li-
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1 censed dealer’’ have the meanings stated in section

2 921(a) (3), (9), (10), and (11), respectively, of title

3 18, United States Code.

4 SEC. 524. FUNDING FOR IMPROVEMENT OF CRIMINAL

5 RECORDS.

6 (a) IMPROVEMENTS IN STATE RECORDS.—

7 (1) USE OF FORMULA GRANTS.—Section 509(b)

8 of title I of the Omnibus Crime Control and Safe

9 Streets Act of 1968 (42 U.S.C. 3759(b)) is amend10 ed—

11 (A) in paragraph (2) by striking ‘‘and’’

12 after the semicolon;

13 (B) in paragraph (3) by striking the period

14 and inserting ‘‘; and’’; and

15 (C) by adding at the end the following new

16 paragraph:

17 ‘‘(4) the improvement of State record systems

18 and the sharing with the Attorney General of all of

19 the records described in paragraphs (1), (2), and (3)

20 of this subsection and the records required by the

21 Attorney General under section 523 of the Brady

22 Handgun Violence Prevention Act for the purpose of

23 implementing such Act.’’.

24 (2) ADDITIONAL FUNDING.—
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1 (A) GRANTS FOR THE IMPROVEMENT OF

2 CRIMINAL RECORDS.—The Attorney General,

3 through the Bureau of Justice Statistics, shall,

4 subject to appropriations and with preference to

5 States that as of the date of enactment of this

6 Act have the lowest percent currency of case

7 dispositions in computerized criminal history

8 files, make a grant to each State to be used—

9 (i) for the creation of a computerized

10 criminal history record system or improve11 ment of an existing system;

12 (ii) to improve accessibility to the na13 tional instant criminal background system;

14 and

15 (iii) upon establishment of the na16 tional system, to assist the State in the

17 transmittal of criminal records to the na18 tional system.

19 (B) AUTHORIZATION OF APPROPRIA20 TIONS.—There are authorized to be appro21 priated for grants under subparagraph (A) a

22 total of $100,000,000 for fiscal year 1994 and

23 all fiscal years thereafter.

24 (b) WITHHOLDING STATE FUNDS.—Effective on the

25 date of enactment of this Act the Attorney General may
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•HR 2847 IH

1 reduce by up to 50 percent the allocation to a State for

2 a fiscal year under title I of the Omnibus Crime Control

3 and Safe Streets Act of 1968 of a State that is not in

4 compliance with the timetable established for such State

5 under section 523(c) of this Act.

6 (c) WITHHOLDING OF DEPARTMENT OF JUSTICE

7 FUNDS.—If the Attorney General does not certify the na8 tional instant criminal background check system pursuant

9 to section 523(d)(1) by—

10 (1) 30 months after the date of enactment of

11 this Act the general administrative funds appro12 priated to the Department of Justice for the fiscal

13 year beginning in the calendar year in which the

14 date that is 30 months after the date of enactment

15 of this Act falls shall be reduced by 5 percent on a

16 monthly basis; and

17 (2) 42 months after the date of enactment of

18 this Act the general administrative funds appro19 priated to the Department of Justice for the fiscal

20 year beginning in the calendar year in which the

21 date that is 42 months after the date of enactment

22 of this Act falls shall be reduced by 10 percent on

23 a monthly basis.
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1 TITLE VI—JUVENILES AND

2 GANGS

3 SEC. 601. SHORT TITLE.

4 SHORT TITLE.—This title may be cited as the ‘‘Anti5 Gang and Juvenile Offenders Act of 1993’’.

6 Subtitle A—Increased Penalties for

7 Employing Children to Distrib8 ute Drugs Near Schools and

9 Playgrounds

10 SEC. 611. STRENGTHENED FEDERAL PENALTIES.

11 Section 419 of the Controlled Substances Act (21

12 U.S.C. 860) is amended—

13 (1) by redesignating subsections (c) and (d) as

14 subsections (d) and (e), respectively; and

15 (2) by inserting after subsection (b) the follow16 ing new subsection:

17 ‘‘(c) Notwithstanding any other law, any person at

18 least 18 years of age who knowingly and intentionally—

19 ‘‘(1) employs, hires, uses, persuades, induces,

20 entices, or coerces a person under 18 years of age

21 to violate this section; or

22 ‘‘(2) employs, hires, uses, persuades, induces,

23 entices, or coerces a person under 18 years of age

24 to assist in avoiding detection or apprehension for
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1 any offense under this section by any Federal, State,

2 or local law enforcement official,

3 is punishable by a term of imprisonment, a fine, or both,

4 up to triple those authorized by section 401.’’.

5 Subtitle B—Antigang Provisions

6 SEC. 621. GRANT PROGRAM.

7 Part B of title II of the Juvenile Justice and Delin8 quency Prevention Act of 1974 (42 U.S.C. 5631 et seq.)

9 is amended—

10 (1) by inserting after the part heading the fol11 lowing subpart heading:

12 ‘‘Subpart I—General Grant Programs’’;

13 and

14 (2) by adding at the end the following new sub15 part:

16 ‘‘Subpart II—Juvenile Drug Trafficking and Gang

17 Prevention Grants

18 ‘‘FORMULA GRANTS

19 ‘‘SEC. 231. (a) AUTHORIZATION.—The Adminis20 trator may make grants to States, units of general local

21 government, private not-for-profit anticrime organizations,

22 or combinations thereof to assist them in planning, estab23 lishing, operating, coordinating, and evaluating projects,

24 directly or through grants and contracts with public and

25 private agencies, for the development of more effective
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1 programs including prevention and enforcement programs

2 to reduce—

3 ‘‘(1) the formation or continuation of juvenile

4 gangs; and

5 ‘‘(2) the use and sale of illegal drugs by juve6 niles.

7 ‘‘(b) PARTICULAR PURPOSES.—The grants made

8 under this section can be used for any of the following

9 specific purposes:

10 ‘‘(1) To reduce the participation of juveniles in

11 drug-related crimes (including drug trafficking and

12 drug use), particularly in and around elementary

13 and secondary schools.

14 ‘‘(2) To reduce juvenile involvement in orga15 nized crime, drug and gang-related activity, particu16 larly activities that involve the distribution of drugs

17 by or to juveniles.

18 ‘‘(3) To develop within the juvenile justice sys19 tem, including the juvenile corrections system, inno20 vative means to address the problems of juveniles

21 convicted of serious drug-related and gang-related

22 offenses.

23 ‘‘(4) To reduce juvenile drug and gang-related

24 activity in public housing projects.
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1 ‘‘(5) To reduce and prevent juvenile drug and

2 gang-related activity in rural areas.

3 ‘‘(6) To provide technical assistance and train4 ing to personnel and agencies responsible for the ad5 judicatory and corrections components of the juve6 nile justice system to—

7 ‘‘(A) identify drug-dependent or gang-in8 volved juvenile offenders; and

9 ‘‘(B) provide appropriate counseling and

10 treatment to such offenders.

11 ‘‘(7) To promote the involvement of all juveniles

12 in lawful activities, including in-school and after13 school programs for academic, athletic, or artistic

14 enrichment that also teach that drug and gang in15 volvement are wrong.

16 ‘‘(8) To facilitate Federal and State cooperation

17 with local school officials to develop education, pre18 vention, and treatment programs for juveniles who

19 are likely to participate in drug trafficking, drug

20 use, or gang-related activities.

21 ‘‘(9) To prevent juvenile drug and gang involve22 ment in public housing projects through programs

23 establishing youth sports and other activities, includ24 ing girls’ and boys’ clubs, scout troops, and little

25 leagues.
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1 ‘‘(10) To provide pre- and post-trial drug abuse

2 treatment to juveniles in the juvenile justice system

3 with the highest possible priority to providing drug

4 abuse treatment to drug-dependent pregnant juve5 niles and drug-dependent juvenile mothers.

6 ‘‘(11) To provide education and treatment pro7 grams for juveniles exposed to severe violence in

8 their homes, schools, or neighborhoods.

9 ‘‘(12) To establish sports mentoring and coach10 ing programs in which athletes serve as role models

11 for juveniles to teach that athletics provide a positive

12 alternative to drug and gang involvement.

13 ‘‘AUTHORIZATION OF APPROPRIATIONS

14 ‘‘SEC. 232. There are authorized to be appropriated

15 $100,000,000 for fiscal year 1994 and such sums as are

16 necessary for fiscal year 1995 to carry out this subpart.

17 ‘‘ALLOCATION OF FUNDS

18 ‘‘SEC. 233. The amounts appropriated for this sub19 part for any fiscal year shall be allocated as follows:

20 ‘‘(1) $500,000 or 1.0 percent, whichever is

21 greater, shall be allocated to each of the States.

22 ‘‘(2) Of the funds remaining after the allocation

23 under paragraph (1), there shall be allocated to each

24 State an amount that bears the same ratio to the

25 amount of remaining funds described in this para26 graph as the population of juveniles residing in the
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1 State bears to the population of juveniles residing in

2 all the States.

3 ‘‘APPLICATION

4 ‘‘SEC. 234. (a) IN GENERAL.—Each State or entity

5 applying for a grant under section 231 shall submit an

6 application to the Administrator in such form and contain7 ing such information as the Administrator shall prescribe.

8 ‘‘(b) REGULATIONS.—To the extent practicable, the

9 Administrator shall prescribe regulations governing appli10 cations for this subpart that are substantially similar to

11 the regulations governing applications required under sub12 part I of this part and subpart II of part C, including

13 the regulations relating to competition.’’.

14 SEC. 622. CONFORMING REPEALER AND AMENDMENTS.

15 (a) REPEAL OF PART D.—Part D of title II of the

16 Juvenile Justice and Delinquency Prevention Act of 1974

17 (42 U.S.C. 5667 et seq.) is repealed, and part E of title

18 II of that Act is redesignated as part D.

19 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

20 291 of title II of the Juvenile Justice and Delinquency

21 Prevention Act of 1974 (42 U.S.C. 5671) is amended—

22 (1) in subsection (a)—

23 (A) in paragraph (1) by striking ‘‘(1)’’ and

24 by striking ‘‘(other than part D)’’; and

25 (B) by striking paragraph (2); and
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1 (2) in subsection (b) by striking ‘‘(other than

2 part D)’’.

3 SEC. 623. CRIMINAL STREET GANGS.

4 (a) IN GENERAL.—Title 18, United States Code, is

5 amended by inserting after chapter 25 the following new

6 chapter:

7 ‘‘CHAPTER 26—CRIMINAL STREET GANGS

‘‘Sec.

‘‘521. Criminal street gangs.

8 ‘‘§ 521. Criminal street gangs

9 ‘‘(a) ENHANCED PENALTY.—A person who, under

10 the circumstances described in subsection (c), commits an

11 offense described in subsection (b), shall, in addition to

12 any other sentence authorized by law, be sentenced to a

13 term of imprisonment of not more than 10 years and may

14 also be fined under this title. A sentence of imprisonment

15 imposed under this subsection shall run consecutively to

16 any other sentence that is imposed.

17 ‘‘(b) OFFENSES.—The offenses referred to in sub18 section (a) are—

19 ‘‘(1) a Federal felony involving a controlled sub20 stance (as defined in section 102 of the Controlled

21 Substances Act (21 U.S.C. 802));

22 ‘‘(2) a Federal felony crime of violence;

23 ‘‘(3) a felony violation of the Controlled Sub24 stances Act (21 U.S.C. 801 et seq.), the Controlled
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1 Substances Import and Export Act (21 U.S.C. 951

2 et seq.), or the Maritime Drug Law Enforcement

3 Act (46 U.S.C. App. 1901 et seq.); and

4 ‘‘(4) a conspiracy to commit an offense de5 scribed in paragraph (1), (2), or (3).

6 ‘‘(c) CIRCUMSTANCES.—The circumstances referred

7 to in subsection (a) are—

8 ‘‘(1) that the offense described in subsection (b)

9 was committed by a member of, on behalf of, or in

10 association with a criminal street gang; and

11 ‘‘(2) within 5 years prior to the date of the of12 fense, the offender had been convicted of—

13 ‘‘(A) an offense described in subsection

14 (b);

15 ‘‘(B) a State offense that—

16 ‘‘(i) involves a controlled substance

17 (as defined in section 102 of the Controlled

18 Substances Act (21 U.S.C. 802)); or

19 ‘‘(ii) is a crime of violence for which

20 the maximum penalty is more than 1

21 year’s imprisonment;

22 ‘‘(C) a Federal or State offense that in23 volves the theft or destruction of property for

24 which the maximum penalty is more than 1

25 year’s imprisonment; or
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1 ‘‘(D) a conspiracy to commit an offense de2 scribed in subparagraph (A), (B), or (C).

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

4 ‘‘(1) the term ‘criminal street gang’ means a

5 group, club, organization, or association of 5 or

6 more persons—

7 ‘‘(A) whose members engage, or have en8 gaged within the past 5 years, in a continuing

9 series of any of the offenses described in sub10 section (b); and

11 ‘‘(B) whose activities affect interstate or

12 foreign commerce; and

13 ‘‘(2) the term ‘conviction’ includes a finding,

14 under State or Federal law, that a person has com15 mitted an act of juvenile delinquency involving a vio16 lent felony or controlled substances felony.’’.

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

18 part I of title 18, United States Code, is amended by in19 serting after the item relating to chapter 25 the following

20 new item:

‘‘26. Criminal street gangs .............................................................. 521’’.

21 Subtitle C—Juvenile Penalties

22 SEC. 631. TREATMENT OF VIOLENT JUVENILES AS ADULTS.

23 (a) DESIGNATION OF UNDESIGNATED PARA24 GRAPHS.—Section 5032 of title 18, United States Code,

25 is amended by designating the first, second, third, fourth,
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1 fifth, sixth, seventh, eighth, ninth, tenth, and eleventh un2 designated paragraphs as subsections (a), (b), (c), (d), (e),

3 (f), (g), (h), (i), (j), and (k), respectively.

4 (b) JURISDICTION OVER CERTAIN FIREARMS OF5 FENSES.—Section 5032(a) of title 18, United States Code,

6 as designated by subsection (a), is amended by striking

7 ‘‘922(p)’’ and inserting ‘‘924 (b), (g), or (h)’’.

8 (c) ADULT STATUS OF JUVENILES WHO COMMIT

9 FIREARMS OFFENSES.—Section 5032(d) of title 18, Unit10 ed States Code, as designated by subsection (a), is amend11 ed to read as follows:

12 ‘‘(d)(1) Except as provided in paragraphs (2) and

13 (3), a juvenile who is alleged to have committed an act

14 of juvenile delinquency and who is not surrendered to

15 State authorities shall be proceeded against under this

16 chapter unless the juvenile has requested in writing upon

17 advice of counsel to be proceeded against as an adult.

18 ‘‘(2) With respect to a juvenile 15 years and older

19 alleged to have committed an act after his or her 15th

20 birthday which if committed by an adult would be a felony

21 that is a crime of violence or an offense described in sec22 tion 401 of the Controlled Substances Act (21 U.S.C.

23 841), section 1002(a), 1005, or 1009 of the Controlled

24 Substances Import and Export Act (21 U.S.C. 952(a),

25 955, 959), or section 924 (b), (g), or (h) of this title,
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1 criminal prosecution on the basis of the alleged act may

2 be begun by motion to transfer of the Attorney General

3 in the appropriate district court of the United States, if

4 such court finds, after hearing, that such a transfer would

5 be in the interest of justice.

6 ‘‘(3) A juvenile who is alleged to have committed an

7 act after his or her 16th birthday which if committed by

8 an adult would be a felony offense that has as an element

9 thereof the use, attempted use, or threatened use of phys10 ical force against the person of another, or that, by its

11 very nature, involves a substantial risk that physical force

12 against the person of another may be used in committing

13 the offense, or would be an offense described in section

14 32, 81, 844 (d), (e), (f), (h), (i) or 2275 of this title, sub15 section (b)(1) (A), (B), or (C), (d), or (e) of section 401

16 of the Controlled Substances Act, or section 1002(a),

17 1003, 1009, or 1010(b) (1), (2), or (3) of the Controlled

18 Substances Import and Export Act (21 U.S.C. 952(a),

19 953, 959, 960(b) (1), (2), and (3)), and who has pre20 viously been found guilty of an act which if committed by

21 an adult would have been one of the offenses set forth

22 in this subsection or an offense in violation of a State fel23 ony statute that would have been such an offense if a cir24 cumstance giving rise to Federal jurisdiction had existed,
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1 shall be transferred to the appropriate district court of

2 the United States for criminal prosecution.’’.

3 SEC. 632. SERIOUS DRUG OFFENSES BY JUVENILES AS

4 ARMED CAREER CRIMINAL ACT PREDICATES.

5 (a) ACT OF JUVENILE DELINQUENCY.—Section

6 924(e)(2)(A) of title 18, United States Code, as amended

7 by section 422, is amended—

8 (1) by striking ‘‘or’’ at the end of clause (ii);

9 (2) by striking ‘‘and’’ at the end of clause (iii)

10 and inserting ‘‘or’’; and

11 (3) by adding at the end the following new

12 clause:

13 ‘‘(iv) any act of juvenile delinquency that,

14 if it were committed by an adult, would be pun15 ishable under section 401(b)(1)(A) of the Con16 trolled Substances Act (21 U.S.C.

17 841(b)(1)(A)); and’’.

18 (b) SERIOUS DRUG OFFENSE.—Section 924(e)(2)(C)

19 of title 18, United States Code, is amended by adding ‘‘or

20 serious drug offense’’ after ‘‘violent felony’’.

21 SEC. 633. CERTAINTY OF PUNISHMENT FOR YOUNG OF22 FENDERS.

23 (a) AMENDMENT OF THE OMNIBUS CRIME CONTROL

24 AND SAFE STREETS ACT OF 1968.—Title I of the Omni-
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1 bus Crime Control and Safe Streets Act of 1968 (42

2 U.S.C. 3711 et seq.) is amended—

3 (1) by redesignating part P as part Q;

4 (2) by redesignating section 1601 as section

5 1701; and

6 (3) by inserting after part O the following new

7 part:

8 ‘‘PART P—ALTERNATIVE PUNISHMENTS FOR

9 YOUNG OFFENDERS

10 ‘‘SEC. 1601. GRANT AUTHORIZATION.

11 ‘‘(a) IN GENERAL.—The Director of the Bureau of

12 Justice Assistance (referred to in this part as the ‘Direc13 tor’) may make grants under this part to States, for the

14 use by States and units of local government in the States,

15 for the purpose of developing alternative methods of pun16 ishment for young offenders to traditional forms of incar17 ceration and probation.

18 ‘‘(b) ALTERNATIVE METHODS.—The alternative

19 methods of punishment referred to in subsection (a)

20 should ensure certainty of punishment for young offenders

21 and promote reduced recidivism, crime prevention, and as22 sistance to victims, particularly for young offenders who

23 can be punished more effectively in an environment other

24 than a traditional correctional facility, including—
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1 ‘‘(1) alternative sanctions that create account2 ability and certainty of punishment for young

3 offenders;

4 ‘‘(2) boot camp prison programs;

5 ‘‘(3) technical training and support for the im6 plementation and maintenance of State and local

7 restitution programs for young offenders;

8 ‘‘(4) innovative projects;

9 ‘‘(5) correctional options, such as community10 based incarceration, weekend incarceration, and elec11 tric monitoring of offenders;

12 ‘‘(6) community service programs that provide

13 work service placement for young offenders at non14 profit, private organizations and community organi15 zations;

16 ‘‘(7) demonstration restitution projects that are

17 evaluated for effectiveness; and

18 ‘‘(8) innovative methods that address the prob19 lems of young offenders convicted of serious sub20 stance abuse, including alcohol abuse, and gang-re21 lated offenses, including technical assistance and

22 training to counsel and treat such offenders.

23 ‘‘SEC. 1602. STATE APPLICATIONS.

24 ‘‘(a) IN GENERAL.—(1) To request a grant under

25 this part, the chief executive of a State shall submit an
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1 application to the Director in such form and containing

2 such information as the Director may reasonably require.

3 ‘‘(2) An application under paragraph (1) shall include

4 assurances that Federal funds received under this part

5 shall be used to supplement, not supplant, non-Federal

6 funds that would otherwise be available for activities fund7 ed under this part.

8 ‘‘(b) STATE OFFICE.—The office designated under

9 section 507 of title I—

10 ‘‘(1) shall prepare the application required

11 under section 1602; and

12 ‘‘(2) shall administer grant funds received

13 under this part, including, review of spending, proc14 essing, progress, financial reporting, technical assist15 ance, grant adjustments, accounting, auditing, and

16 fund disbursement.

17 ‘‘SEC. 1603. REVIEW OF STATE APPLICATIONS.

18 ‘‘(a) IN GENERAL.—The Bureau shall make a grant

19 under section 1601(a) to carry out the projects described

20 in the application submitted by an applicant under section

21 1602 upon determining that—

22 ‘‘(1) the application is consistent with the re23 quirements of this part; and

24 ‘‘(2) before the approval of the application, the

25 Bureau has made an affirmative finding in writing
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1 that the proposed project has been reviewed in ac2 cordance with this part.

3 ‘‘(b) APPROVAL.—Each application submitted under

4 section 1602 shall be considered approved, in whole or in

5 part, by the Bureau not later than 45 days after first re6 ceived unless the Bureau informs the applicant of specific

7 reasons for disapproval.

8 ‘‘(c) RESTRICTION.—Grant funds received under this

9 part shall not be used for land acquisition or construction

10 projects, other than alternative facilities described in sec11 tion 1601(b) for young offenders.

12 ‘‘(d) DISAPPROVAL NOTICE AND RECONSIDER13 ATION.—The Bureau shall not disapprove any application

14 without first affording the applicant reasonable notice and

15 an opportunity for reconsideration.

16 ‘‘SEC. 1604. LOCAL APPLICATIONS.

17 ‘‘(a) IN GENERAL.—(1) To request funds under this

18 part from a State, the chief executive of a unit of local

19 government shall submit an application to the office des20 ignated under section 1602(b).

21 ‘‘(2) An application under paragraph (1) shall be con22 sidered approved, in whole or in part, by the State not

23 later than 45 days after such application is first received

24 unless the State informs the applicant in writing of spe25 cific reasons for disapproval.
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1 ‘‘(3) The State shall not disapprove any application

2 submitted to the State without first affording the appli3 cant reasonable notice and an opportunity for reconsider4 ation.

5 ‘‘(4) If an application under paragraph (1) is ap6 proved, the unit of local government is eligible to receive

7 the funds requested.

8 ‘‘(b) DISTRIBUTION TO UNITS OF LOCAL GOVERN9 MENT.—A State that receives funds under section 1601

10 in a fiscal year shall make such funds available to units

11 of local government with an application that has been sub12 mitted and approved by the State within 45 days after

13 the Bureau has approved the application submitted by the

14 State and has made funds available to the State. The Di15 rector may waive the 45-day requirement in this section

16 upon a finding that the State is unable to satisfy the re17 quirement of the preceding sentence under State statutes.

18 ‘‘SEC. 1605. ALLOCATION AND DISTRIBUTION OF FUNDS.

19 ‘‘(a) STATE DISTRIBUTION.—Of the total amount ap20 propriated for this part in any fiscal year—

21 ‘‘(1) 1.0 percent shall be allocated to each of

22 the participating States; and

23 ‘‘(2) of the total funds remaining after the allo24 cation under paragraph (1), there shall be allocated

25 to each of the participating States an amount that
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1 bears the same ratio to the amount of remaining

2 funds described in this paragraph as the number of

3 young offenders in the State bears to the number of

4 young offenders in all the participating States.

5 ‘‘(b) LOCAL DISTRIBUTION.—(1) A State that re6 ceives funds under this part in a fiscal year shall distribute

7 to units of local government in the State for the purposes

8 specified under section 1601 the portion of those funds

9 that bears the same ratio to the aggregate amount of those

10 funds as the amount of funds expended by all units of

11 local government for criminal justice in the preceding fis12 cal year bears to the aggregate amount of funds expended

13 by the State and all units of local government in the State

14 for criminal justice in the preceding fiscal year.

15 ‘‘(2) Any funds not distributed to units of local gov16 ernment under paragraph (1) shall be available for ex17 penditure by the State for purposes specified under section

18 1601.

19 ‘‘(3) If the Director determines, on the basis of infor20 mation available during any fiscal year, that a portion of

21 the funds allocated to a State for the fiscal year will not

22 be used by the State or that a State is not eligible to re23 ceive funds under section 1601, the Director shall award

24 such funds to units of local government in the State giving
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1 priority to the units of local government that the Director

2 considers to have the greatest need.

3 ‘‘(c) FEDERAL SHARE.—The Federal share of a

4 grant made under this part may not exceed 75 percent

5 of the total costs of the projects described in the applica6 tion submitted under section 1602(a) for the fiscal year

7 for which the projects receive assistance under this part.

8 ‘‘SEC. 1606. EVALUATION.

9 ‘‘(a) IN GENERAL.—(1) Each State and local unit of

10 government that receives a grant under this part shall

11 submit to the Director an evaluation not later than March

12 1 of each year in accordance with guidelines issued by the

13 Director and in consultation with the National Institute

14 of Justice.

15 ‘‘(2) The Director may waive the requirement speci16 fied in subsection (a) if the Director determines that such

17 evaluation is not warranted in the case of the State or

18 unit of local government involved.

19 ‘‘(b) DISTRIBUTION.—The Director shall make avail20 able to the public on a timely basis evaluations received

21 under subsection (a).

22 ‘‘(c) ADMINISTRATIVE COSTS.—A State and local

23 unit of government may use not more than 5 percent of

24 funds it receives under this part to develop an evaluation

25 program under this section.’’.
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1 (b) TECHNICAL AMENDMENT.—The table of contents

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

3 Act of 1968 (42 U.S.C. 3711 et seq.) is amended by strik4 ing the matter relating to part P and inserting the

5 following:

‘‘PART P—ALTERNATIVE PUNISHMENTS FOR YOUNG OFFENDERS

‘‘Sec. 1601. Grant authorization.

‘‘Sec. 1602. State applications.

‘‘Sec. 1603. Review of State applications.

‘‘Sec. 1604. Local applications.

‘‘Sec. 1605. Allocation and distribution of funds.

‘‘Sec. 1606. Evaluation.

‘‘PART Q—TRANSITION; EFFECTIVE DATE; REPEALER

‘‘Sec. 1701. Continuation of rules, authorities, and proceedings.’’.

6 (c) DEFINITION.—Section 901(a) of the Omnibus

7 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

8 3791(a)) is amended—

9 (1) by striking ‘‘and’’ at the end of paragraph

10 (22);

11 (2) by striking the period at the end of para12 graph (23) and inserting ‘‘; and’’; and

13 (3) by adding at the end the following new

14 paragraph:

15 ‘‘(24) The term ‘young offender’ means an indi16 vidual 28 years of age or younger.’’.

17 (d) AUTHORIZATION OF APPROPRIATIONS.—Section

18 1001(a) of title I of the Omnibus Crime Control and Safe

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

20 section 1401(e), is amended—
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1 (1) in paragraph (3) by striking ‘‘and O’’ and

2 inserting ‘‘O, and P’’; and

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

4 paragraph:

5 ‘‘(10) There is authorized to be appropriated

6 $200,000,000 for each of the fiscal years 1994, 1995, and

7 1996 to carry out projects under part P.’’.

8 Subtitle D—Other Provisions

9 SEC. 641. BINDOVER SYSTEM FOR CERTAIN VIOLENT JUVE10 NILES.

11 Section 501(b) of title I of the Omnibus Crime Con12 trol and Safe Streets Act of 1968 (42 U.S.C. 3751) is

13 amended—

14 (1) by striking ‘‘and’’ at the end of paragraph

15 (20);

16 (2) by striking the period at the end of para17 graph (21) and inserting ‘‘; and’’; and

18 (3) by inserting after paragraph (21) the fol19 lowing new paragraph:

20 ‘‘(22) programs that address the need for effec21 tive bindover systems for the prosecution of violent

22 16- and 17-year-olds in courts with jurisdiction over

23 adults for the crimes of—

24 ‘‘(A) murder in the first degree;

25 ‘‘(B) murder in the second degree;
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1 ‘‘(C) attempted murder;

2 ‘‘(D) armed robbery when armed with a

3 firearm;

4 ‘‘(E) aggravated battery or assault when

5 armed with a firearm;

6 ‘‘(F) criminal sexual penetration when

7 armed with a firearm; and

8 ‘‘(G) drive-by shootings as described in

9 section 931 of title 18, United States Code.’’.

10 SEC. 642. GANG INVESTIGATION COORDINATION AND IN11 FORMATION COLLECTION.

12 (a) COORDINATION.—The Attorney General (or the

13 Attorney General’s designee), in consultation with the Sec14 retary of the Treasury (or the Secretary’s designee), shall

15 develop a national strategy to coordinate gang-related in16 vestigations by Federal law enforcement agencies.

17 (b) DATA COLLECTION.—The Director of the Federal

18 Bureau of Investigation shall acquire and collect informa19 tion on incidents of gang violence for inclusion in an an20 nual uniform crime report.

21 (c) REPORT.—The Attorney General shall prepare a

22 report on national gang violence outlining the strategy de23 veloped under subsection (a) to be submitted to the Presi24 dent and Congress by January 1, 1994.
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1 (d) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated for fiscal year 1994

3 such sums as are necessary to carry out this section.

4 SEC. 643. CLARIFICATION OF REQUIREMENT THAT ANY

5 PRIOR RECORD OF A JUVENILE BE PRO6 DUCED BEFORE THE COMMENCEMENT OF

7 JUVENILE PROCEEDINGS.

8 Section 5032(j) of title 18, United States Code, as

9 designated by section 301(a), is amended by striking ‘‘Any

10 proceedings against a juvenile under this chapter or as an

11 adult shall not be commenced until’’ and inserting ‘‘A ju12 venile shall not be transferred to adult prosecution nor

13 shall a hearing be held under section 5037 until’’.

14 TITLE VII—TERRORISM AND

15 INTERNATIONAL MATTERS

16 SEC. 701. TERRORISM CIVIL REMEDY.

17 (a) REINSTATEMENT OF LAW.—The amendments

18 made by section 132 of the Military Construction Appro19 priations Act, 1991 (104 Stat. 2250), are repealed effec20 tive as of April 10, 1991.

21 (b) TERRORISM.—Chapter 113A of title 18, United

22 States Code, as amended by subsection (a), is amended—

23 (1) in section 2331 (as in effect prior to enact24 ment of the Military Construction Appropriations
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1 Act, 1991) by striking subsection (d) and redesig2 nating subsection (e) as subsection (d);

3 (2) by redesignating section 2331 (as in effect

4 prior to enactment of the Military Construction Ap5 propriations Act, 1991) as section 2332 and amend6 ing the heading for section 2332, as redesignated, to

7 read as follows:

8 ‘‘§ 2332. Criminal penalties’’;

9 (3) by inserting before section 2332, as redesig10 nated by paragraph (2), the following new section:

11 ‘‘§ 2331. Definitions

12 ‘‘In this chapter—

13 ‘‘ ‘act of war’ means any act occurring in the

14 course of—

15 ‘‘(A) declared war;

16 ‘‘(B) armed conflict, whether or not war

17 has been declared, between two or more na18 tions; or

19 ‘‘(C) armed conflict between military forces

20 of any origin.

21 ‘‘ ‘international terrorism’ means activities

22 that—

23 ‘‘(A) involve violent acts or acts dangerous

24 to human life that are a violation of the crimi25 nal laws of the United States or of any State,
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1 or that would be a criminal violation if commit2 ted within the jurisdiction of the United States

3 or of any State;

4 ‘‘(B) appear to be intended—

5 ‘‘(i) to intimidate or coerce a civilian

6 population;

7 ‘‘(ii) to influence the policy of a gov8 ernment by intimidation or coercion; or

9 ‘‘(iii) to affect the conduct of a gov10 ernment by assassination or kidnapping;

11 and

12 ‘‘(C) occur primarily outside the territorial

13 jurisdiction of the United States, or transcend

14 national boundaries in terms of the means by

15 which they are accomplished, the persons they

16 appear intended to intimidate or coerce, or the

17 locale in which their perpetrators operate or

18 seek asylum.

19 ‘‘ ‘national of the United States’ has the mean20 ing given such term in section 101(a)(22) of the Im21 migration and Nationality Act.

22 ‘‘ ‘person’ means any individual or entity capa23 ble of holding a legal or beneficial interest in prop24 erty.’’; and
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1 (4) by inserting after section 2332, as redesig2 nated by paragraph (2), the following new sections:

3 ‘‘§ 2333. Civil remedies

4 ‘‘(a) ACTION AND JURISDICTION.—Any national of

5 the United States injured in his or her person, property,

6 or business by reason of an act of international terrorism,

7 or his or her estate, survivors, or heirs, may sue therefor

8 in any appropriate district court of the United States and

9 shall recover threefold the damages he or she sustains and

10 the cost of the suit, including attorney’s fees.

11 ‘‘(b) ESTOPPEL UNDER UNITED STATES LAW.—A

12 final judgment or decree rendered in favor of the United

13 States in any criminal proceeding under section 1116,

14 1201, 1203, or 2332 of this title or section 902 (i), (k),

15 (l), (n), or (r) of the Federal Aviation Act of 1958 (49

16 U.S.C. App. 1472 (i), (k), (l), (n), and (r)) shall estop

17 the defendant from denying the essential allegations of the

18 criminal offense in any subsequent civil proceeding under

19 this section.

20 ‘‘(c) ESTOPPEL UNDER FOREIGN LAW.—A final

21 judgment or decree rendered in favor of any foreign state

22 in any criminal proceeding shall, to the extent that such

23 judgment or decree may be accorded full faith and credit

24 under the law of the United States, estop the defendant

25 from denying the essential allegations of the criminal of-
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1 fense in any subsequent civil proceeding under this

2 section.

3 ‘‘§ 2334. Jurisdiction and venue

4 ‘‘(a) GENERAL VENUE.—Any civil action under sec5 tion 2333 of this title against any person may be insti6 tuted in the district court of the United States for any

7 district where any plaintiff resides or where any defendant

8 resides or is served, or has an agent. Process in such a

9 civil action may be served in any district where the defend10 ant resides, is found, or has an agent.

11 ‘‘(b) SPECIAL MARITIME OR TERRITORIAL JURISDIC12 TION.—If the actions giving rise to the claim occurred

13 within the special maritime and territorial jurisdiction of

14 the United States, any civil action under section 2333

15 against any person may be instituted in the district court

16 of the United States for any district in which any plaintiff

17 resides or the defendant resides, is served, or has an

18 agent.

19 ‘‘(c) SERVICE ON WITNESSES.—A witness in a civil

20 action brought under section 2333 may be served in any

21 other district where the defendant resides, is found, or has

22 an agent.

23 ‘‘(d) CONVENIENCE OF THE FORUM.—The district

24 court shall not dismiss any action brought under section
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1 2333 on the grounds of the inconvenience or inappropri2 ateness of the forum chosen, unless—

3 ‘‘(1) the action may be maintained in a foreign

4 court that has jurisdiction over the subject matter

5 and over all the defendants;

6 ‘‘(2) that foreign court is significantly more

7 convenient and appropriate; and

8 ‘‘(3) that foreign court offers a remedy that is

9 substantially the same as the one available in the

10 courts of the United States.

11 ‘‘§ 2335. Limitation of actions

12 ‘‘(a) IN GENERAL.—Subject to subsection (b), a suit

13 for recovery of damages under section 2333 shall not be

14 maintained unless commenced within 4 years from the

15 date the cause of action accrued.

16 ‘‘(b) CALCULATION OF PERIOD.—The time of the ab17 sence of the defendant from the United States or from

18 any jurisdiction in which the same or a similar action aris19 ing from the same facts may be maintained by the plain20 tiff, or any concealment of the defendant’s whereabouts,

21 shall not be counted for the purposes of the period of limi22 tation prescribed by subsection (a).
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1 ‘‘§ 2336. Other limitations

2 ‘‘(a) ACTS OF WAR.—No action shall be maintained

3 under section 2333 for injury or loss by reason of an act

4 of war.

5 ‘‘(b) LIMITATION ON DISCOVERY.—If a party to an

6 action under section 2333 seeks to discover the investiga7 tive files of the Department of Justice, the attorney for

8 the Government may object on the ground that compliance

9 will interfere with a criminal investigation or prosecution

10 of the incident, or a national security operation related

11 to the incident, which is the subject of the civil litigation.

12 The court shall evaluate any objections raised by the Gov13 ernment in camera and shall stay the discovery if the court

14 finds that granting the discovery request will substantially

15 interfere with a criminal investigation or prosecution of

16 the incident or a national security operation related to the

17 incident. The court shall consider the likelihood of criminal

18 prosecution by the Government and other factors it deems

19 to be appropriate. A stay of discovery under this sub20 section shall constitute a bar to the granting of a motion

21 to dismiss under rules 12(b)(6) and 56 of the Federal

22 Rules of Civil Procedure.

23 ‘‘(c) STAY OF ACTION FOR CIVIL REMEDIES.—(1)

24 The Attorney General may intervene in any civil action

25 brought under section 2333 for the purpose of seeking a

26 stay of the civil action. A stay shall be granted if the court
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1 finds that the continuation of the civil action will substan2 tially interfere with a criminal prosecution which involves

3 the same subject matter and in which an indictment has

4 been returned, or interfere with national security oper5 ations related to the terrorist incident that is the subject

6 of the civil action. A stay may be granted for up to 6

7 months. The Attorney General may petition the court for

8 an extension of the stay for additional 6-month periods

9 until the criminal prosecution is completed or dismissed.

10 ‘‘(2) In a proceeding under this subsection, the Attor11 ney General may request that any order issued by the

12 court for release to the parties and the public omit any

13 reference to the basis on which the stay was sought.

14 ‘‘§ 2337. Suits against Government officials

15 ‘‘No action shall be maintained under section 2333

16 against—

17 ‘‘(1) the United States, an agency of the United

18 States, or an officer or employee of the United

19 States or any agency thereof acting within the offi20 cer’s or employee’s official capacity or under color of

21 legal authority; or

22 ‘‘(2) a foreign state, an agency of a foreign

23 state, or an officer or employee of a foreign state or

24 an agency thereof acting within the officer’s or em-
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1 ployee’s official capacity or under color of legal au2 thority.

3 ‘‘§ 2338. Exclusive Federal jurisdiction

4 ‘‘The district courts of the United States shall have

5 exclusive jurisdiction over an action brought under this

6 chapter.’’.

7 (c) TECHNICAL AMENDMENTS.—(1) The chapter

8 analysis for chapter 113A of title 18, United States Code

9 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.’’.

10 (2) The item relating to chapter 113A in the part

11 analysis for part 1 of title 18, United States Code, is

12 amended to read as follows:

‘‘113A. Terrorism ................................................................................ 2331’’.

13 (d) EFFECTIVE DATE.—This section and the amend14 ments made by this section shall apply to any pending case

15 or any cause of action arising on or after 4 years before

16 the date of enactment of this Act.
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1 SEC. 702. PROVIDING MATERIAL SUPPORT TO TERRORISTS.

2 (a) OFFENSE.—Chapter 113A of title 18, United

3 States Code, is amended by adding at the end the follow4 ing new section:

5 ‘‘§ 2339. Providing material support to terrorists

6 ‘‘Whoever, within the United States, provides mate7 rial support or resources or conceals or disguises the na8 ture, location, source, or ownership of material support or

9 resources, knowing or intending that they are to be used

10 to facilitate a violation of section 32, 36, 351, 844 (f) or

11 (i), 1114, 1116, 1203, 1361, 1363, 1751, 2280, 2281,

12 2332, or 2339A of this title or section 902(i) of the Fed13 eral Aviation Act of 1958 (49 U.S.C. App. 1472(i)), or

14 to facilitate the concealment or an escape from the com15 mission of any of the foregoing, shall be fined under this

16 title, imprisoned not more than 10 years, or both. For pur17 poses of this section, material support or resources in18 cludes currency or other financial securities, financial

19 services, lodging, training, safehouses, false documenta20 tion or identification, communications equipment, facili21 ties, weapons, lethal substances, explosives, personnel,

22 transportation, and other physical assets.’’.

23 (b) TECHNICAL AMENDMENT.—The chapter analysis

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

25 amended by section 601(b)(1), is amended by adding at

26 the end the following new item:
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‘‘2339. Providing material support to terrorists.’’.

1 SEC. 703. FORFEITURE OF ASSETS USED TO SUPPORT

2 TERRORISTS.

3 Section 982(a) of title 18, United States Code, is

4 amended by adding at the end the following new para5 graph:

6 ‘‘(5) Any property, real or personal—

7 ‘‘(A) used or intended for use in commit8 ting or to facilitate the concealment or an es9 cape from the commission of; or

10 ‘‘(B) constituting or derived from the gross

11 profits or other proceeds obtained from,

12 a violation of section 32, 36, 351, 844 (f) or (i),

13 1114, 1116, 1203, 1361, 1363, 1751, 2280, 2281,

14 2332, or 2339A of this title or section 902(i) of the

15 Federal Aviation Act of 1958 (49 U.S.C. 1472(i)).’’.

16 SEC. 704. ALIEN WITNESS COOPERATION.

17 (a) AMENDMENT OF CHAPTER 224 OF TITLE 18.—

18 Chapter 224 of title 18, United States Code, is amended—

19 (1) by redesignating section 3528 as section

20 3529; and

21 (2) by inserting after section 3527 the following

22 new section:

23 ‘‘§ 3528. Aliens; waiver of admission requirements

24 ‘‘(a) IN GENERAL.—Upon authorizing protection to

25 any alien under this chapter, the United States shall pro-
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1 vide the alien with appropriate immigration visas and

2 allow the alien to remain in the United States so long as

3 that alien abides by all laws of the United States and

4 guidelines, rules and regulations for protection. The Attor5 ney General may determine that the granting of perma6 nent resident status to such alien is in the public interest

7 and necessary for the safety and protection of such alien

8 without regard to the alien’s admissibility under immigra9 tion or any other laws and regulations or the failure to

10 comply with such laws and regulations pertaining to ad11 missibility.

12 ‘‘(b) ALIEN WITH FELONY CONVICTIONS.—Notwith13 standing any other provision of this chapter, an alien who

14 would not be excluded because of felony convictions shall

15 be considered for permanent residence on a conditional

16 basis for a period of 2 years. Upon a showing that the

17 alien is still being provided protection, or that protection

18 remains available to the alien in accordance with this

19 chapter, or that the alien is still cooperating with the Gov20 ernment and has maintained good moral character, the

21 Attorney General shall remove the conditional basis of the

22 status effective as of the second anniversary of the alien’s

23 obtaining the status of admission for permanent residence.

24 Permanent resident status shall not be granted to an alien

25 who would be excluded because of felony convictions unless
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1 the Attorney General determines, pursuant to regulations

2 which shall be prescribed by the Attorney General, that

3 granting permanent residence status to the alien is nec4 essary in the interests of justice and comports with safety

5 of the community.

6 ‘‘(c) LIMIT ON NUMBER OF ALIENS.—The number

7 of aliens and members of their immediate families entering

8 the United States under the authority of this section shall

9 in no case exceed 200 persons in any fiscal year. The deci10 sion to grant or deny permanent resident status under this

11 section is at the discretion of the Attorney General and

12 shall not be subject to judicial review.

13 ‘‘(d) DEFINITIONS.—As used in this section, the

14 terms ‘alien’ and ‘United States’ have the meanings stated

15 in section 101 of the Immigration and Nationality Act (8

16 U.S.C. 1101).’’.

17 (b) TECHNICAL AMENDMENT.—The chapter analysis

18 for chapter 224 of title 18, United States Code, is amend19 ed by striking the item relating to section 3528 and insert20 ing the following:

‘‘3528. Aliens; waiver of admission requirements.

‘‘3529. Definition.’’.
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1 SEC. 705. TERRITORIAL SEA EXTENDING TO 12 MILES IN2 CLUDED IN SPECIAL MARITIME AND TERRI3 TORIAL JURISDICTION.

4 The Congress declares that all the territorial sea of

5 the United States, as defined by Presidential Proclamation

6 5928 of December 27, 1988, is part of the United States,

7 subject to its sovereignty, and, for purposes of Federal

8 criminal jurisdiction, is within the special maritime and

9 territorial jurisdiction of the United States wherever that

10 term is used in title 18, United States Code.

11 SEC. 706. ASSIMILATED CRIMES IN EXTENDED TERRI12 TORIAL SEA.

13 Section 13 of title 18, United States Code is amend14 ed—

15 (1) in subsection (a), by inserting after ‘‘title’’

16 the following: ‘‘or on, above, or below any portion of

17 the territorial sea of the United States not within

18 the territory of any State, territory, possession, or

19 district’’; and

20 (2) by inserting at the end the following new

21 subsection:

22 ‘‘(c) Whenever any waters of the territorial sea of the

23 United States lie outside the territory of any State, terri24 tory, possession, or district, such waters (including the air25 space above and the seabed and subsoil below, and artifi26 cial islands and fixed structures erected thereon) shall be
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1 deemed for purposes of subsection (a) to lie within the

2 area of the State, territory, possession, or district within

3 which it would lie if the boundaries of the State, territory,

4 possession, or district were extended seaward to the outer

5 limit of the territorial sea of the United States.’’.

6 SEC. 707. JURISDICTION OVER CRIMES AGAINST UNITED

7 STATES NATIONALS ON CERTAIN FOREIGN

8 SHIPS.

9 Section 7 of title 18, United States Code, is amended

10 by inserting at the end the following new paragraph:

11 ‘‘(8) Any foreign vessel during a voyage having

12 a scheduled departure from or arrival in the United

13 States with respect to an offense committed by or

14 against a national of the United States.’’.

15 SEC. 708. PENALTIES FOR INTERNATIONAL TERRORIST

16 ACTS.

17 Section 2332 of title 18, United States Code, as re18 designated by section 601(a)(2), is amended—

19 (1) in subsection (a)—

20 (A) in paragraph (2) by striking ‘‘ten’’ and

21 inserting ‘‘20’’; and

22 (B) in paragraph (3) by striking ‘‘three’’

23 and inserting ‘‘10’’; and

24 (2) in subsection (c) by striking ‘‘five’’ and in25 serting ‘‘10’’.
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1 SEC. 709. AUTHORIZATION OF APPROPRIATIONS.

2 There are authorized to be appropriated in each of

3 the fiscal years 1994, 1995, and 1996, in addition to any

4 other amounts specified in appropriations Acts, for

5 counterterrorist operations and programs—

6 (1) for the Federal Bureau of Investigation,

7 $25,000,000;

8 (2) for the Department of State, $10,000,000;

9 (3) for the United States Customs Service,

10 $7,500,000;

11 (4) for the United States Secret Service,

12 $2,500,000;

13 (5) for the Bureau of Alcohol, Tobacco, and

14 Firearms, $2,500,000;

15 (6) for the Federal Aviation Administration,

16 $2,500,000;

17 (7) for the United States Marshals Service,

18 $2,500,000; and

19 (8) for grants to State and local law enforce20 ment agencies, to be administered by the Office of

21 Justice Programs in the Department of Justice, in

22 consultation with the Federal Bureau of Investiga23 tion, $25,000,000.

24 SEC. 710. ENHANCED PENALTIES FOR CERTAIN OFFENSES.

25 (a) INTERNATIONAL ECONOMIC EMERGENCY POW26 ERS ACT.—(1) Section 206(a) of the International Eco-
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1 nomic Emergency Powers Act (50 U.S.C. 1705(a)) is

2 amended by striking ‘‘$10,000’’ and inserting

3 ‘‘$1,000,000’’.

4 (2) Section 206(b) of the International Economic

5 Emergency Powers Act (50 U.S.C. 1705(b)) is amended

6 by striking ‘‘$50,000’’ and inserting ‘‘$1,000,000’’.

7 (b) SECTION 1541 OF TITLE 18.—Section 1541 of

8 title 18, United States Code, is amended—

9 (1) by striking ‘‘$500’’ and inserting

10 ‘‘$250,000’’; and

11 (2) by striking ‘‘one year’’ and inserting ‘‘5

12 years’’.

13 (c) CHAPTER 75 OF TITLE 18.—Sections 1542,

14 1543, 1544, and 1546 of title 18, United States Code,

15 are each amended—

16 (1) by striking ‘‘$2,000’’ each place it appears

17 and inserting ‘‘$250,000’’; and

18 (2) by striking ‘‘five years’’ each place it ap19 pears and inserting ‘‘10 years’’.

20 (d) SECTION 1545 OF TITLE 18.—Section 1545 of

21 title 18, United States Code, is amended—

22 (1) by striking ‘‘$2,000’’ and inserting

23 ‘‘$250,000’’; and

24 (2) by striking ‘‘three years’’ and inserting ‘‘10

25 years’’.
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1 SEC. 711. SENTENCING GUIDELINES INCREASE FOR TER2 RORIST CRIMES.

3 The United States Sentencing Commission shall

4 study and, if warranted, amend its sentencing guidelines

5 to provide an increase in the base offense level for any

6 felony, whether committed within or outside the United

7 States, that involves or is intended to promote inter8 national terrorism, unless such involvement or intent is

9 itself an element of the crime.

10 SEC. 712. EXTENSION OF THE STATUTE OF LIMITATIONS

11 FOR CERTAIN TERRORISM OFFENSES.

12 (a) IN GENERAL.—Chapter 213 of title 18, United

13 States Code, is amended by inserting after section 3285

14 the following new section:

15 ‘‘§ 3286. Extension of statute of limitations for certain

16 terrorism offenses

17 ‘‘Notwithstanding section 3282, no person shall be

18 prosecuted, tried, or punished for any offense involving a

19 violation of section 32, 36, 112, 351, 1116, 1203, 1361,

20 1751, 2280, 2281, 2332, 2339A, or 2340A of this title

21 or section 902 (i), (j), (k), (l), or (n) of the Federal Avia22 tion Act of 1958 (49 U.S.C. App. 1572 (i), (j), (k), (l),

23 and (n)), unless the indictment is found or the information

24 is instituted within 10 years next after such offense shall

25 have been committed.’’.
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1 (b) TECHNICAL AMENDMENT.—The chapter analysis

2 for chapter 213 of title 18, United States Code, is amend3 ed by inserting after the item relating to section 3285 the

4 following new item:

‘‘3286. Extension of statute of limitations for certain terrorism offenses.’’.

5 SEC. 713. INTERNATIONAL PARENTAL KIDNAPPING.

6 (a) IN GENERAL.—Chapter 55 of title 18, United

7 States Code, is amended by adding at the end the follow8 ing new section:

9 ‘‘§ 1204. International parental kidnapping

10 ‘‘(a) OFFENSE.—Whoever removes a child from the

11 United States or retains a child (who has been in the

12 United States) outside the United States with intent to

13 obstruct the lawful exercise of parental rights shall be

14 fined under this title, imprisoned not more than 3 years,

15 or both.

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

17 ‘‘(1) the term ‘child’ means a person who has

18 not attained the age of 16 years; and

19 ‘‘(2) the term ‘parental rights’, with respect to

20 a child, means the right to physical custody of the

21 child—

22 ‘‘(A) whether joint or sole (and includes

23 visiting rights); and
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1 ‘‘(B) whether arising by operation of law,

2 court order, or legally binding agreement of the

3 parties.

4 ‘‘(c) RULE OF CONSTRUCTION.—This section does

5 not detract from The Hague Convention on the Civil As6 pects of International Parental Child Abduction, done at

7 The Hague on October 25, 1980.’’.

8 (b) TECHNICAL AMENDMENT.—The chapter analysis

9 for chapter 55 of title 18, United States Code, is amended

10 by adding at the end the following new item:

‘‘1204. International parental kidnapping.’’.

11 SEC. 714. FOREIGN MURDER OF UNITED STATES

12 NATIONALS.

13 (a) IN GENERAL.—Chapter 51 of title 18, United

14 States Code, as amended by section 141(a), is amended

15 by adding at the end the following new section:

16 ‘‘§ 1120. Foreign murder of United States nationals

17 ‘‘(a) OFFENSE.—Whoever kills or attempts to kill a

18 national of the United States while such national is out19 side the United States but within the jurisdiction of an20 other country shall be punished as provided under sections

21 1111, 1112, and 1113.

22 ‘‘(b) APPROVAL OF PROSECUTION.—No prosecution

23 may be instituted against any person under this section

24 except upon the written approval of the Attorney General,

25 the Deputy Attorney General, or an Assistant Attorney
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1 General, which function of approving prosecutions may

2 not be delegated. No prosecution shall be approved if pros3 ecution has been previously undertaken by a foreign coun4 try for the same act or omission.

5 ‘‘(c) CRITERIA FOR APPROVAL.—No prosecution

6 shall be approved under this section unless the Attorney

7 General, in consultation with the Secretary of State, deter8 mines that the act or omission took place in a country

9 in which the person is no longer present, and the country

10 lacks the ability to lawfully secure the person’s return. A

11 determination by the Attorney General under this sub12 section is not subject to judicial review.

13 ‘‘(d) ASSISTANCE FROM OTHER AGENCIES.—In the

14 course of the enforcement of this section and notwith15 standing any other law, the Attorney General may request

16 assistance from any Federal, State, local, or foreign agen17 cy, including the Army, Navy, and Air Force.

18 ‘‘(e) DEFINITION.—As used in this section, the term

19 ‘national of the United States’ has the meaning stated in

20 section 101(a)(22) of the Immigration and Nationality Act

21 (8 U.S.C. 1101(a)(22)).’’.

22 (b) TECHNICAL AMENDMENTS.—(1) Section 1117 of

23 title 18, United States Code, is amended by striking ‘‘or

24 1116’’ and inserting ‘‘1116, or 1120’’.
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1 (2) The chapter analysis for chapter 51 of title 18,

2 United States Code, as amended by section 141(b), is

3 amended by adding at the end the following new item:

‘‘1120. Foreign murder of United States nationals.’’.

4 SEC. 715. EXTRADITION.

5 (a) SCOPE.—Section 3181 of title 18, United States

6 Code, is amended—

7 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

8 ‘‘The provisions of this chapter’’; and

9 (2) by adding at the end the following new sub10 sections:

11 ‘‘(b) SURRENDER WITHOUT REGARD TO EXISTENCE

12 OF EXTRADITION TREATY.—This chapter shall be con13 strued to permit, in the exercise of comity, the surrender

14 of persons who have committed crimes of violence against

15 nationals of the United States in foreign countries without

16 regard to the existence of any treaty of extradition with

17 such foreign government if the Attorney General certifies

18 in writing that—

19 ‘‘(1) evidence has been presented by the foreign

20 government that indicates that, if the offenses had

21 been committed in the United States, they would

22 constitute crimes of violence (as defined under sec23 tion 16); and

24 ‘‘(2) the offenses charged are not of a political

25 nature.
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1 ‘‘(c) DEFINITION.—As used in this section, the term

2 ‘national of the United States’ has the meaning stated in

3 section 101(a)(22) of the Immigration and Nationality Act

4 (8 U.S.C. 1101(a)(22)).’’.

5 (b) FUGITIVES.—Section 3184 of title 18, United

6 States Code, is amended—

7 (1) in the first sentence by inserting after

8 ‘‘United States and any foreign government,’’ the

9 following: ‘‘or in cases arising under section

10 3181(b),’’;

11 (2) in the first sentence by inserting after

12 ‘‘treaty or convention,’’ the following: ‘‘or provided

13 for under section 3181(b),’’; and

14 (3) in the third sentence by inserting after

15 ‘‘treaty or convention,’’ the following: ‘‘or under sec16 tion 3181(b),’’.

17 SEC. 716. FBI ACCESS TO TELEPHONE SUBSCRIBER INFOR18 MATION.

19 (a) REQUIRED CERTIFICATION.—Section 2709(b) of

20 title 18, United States Code, is amended to read as

21 follows:

22 ‘‘(b) REQUIRED CERTIFICATION.—

23 ‘‘(1) NAME, ADDRESS, AND LENGTH OF SERV24 ICE ONLY.—The Director of the Federal Bureau of

25 Investigation, or the Director’s designee in a posi-
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1 tion not lower than Deputy Assistant Director, may

2 request the name, address, and length of service of

3 a person or entity if the Director (or designee in a

4 position not lower than Deputy Assistant Director)

5 certifies in writing to the wire or electronic commu6 nication service provider to which the request is

7 made that—

8 ‘‘(A) the information sought is relevant to

9 an authorized foreign counterintelligence inves10 tigation; and

11 ‘‘(B) there are specific and articulable

12 facts giving reason to believe that communica13 tion facilities registered in the name of the per14 son or entity have been used, through the serv15 ices of the provider, in communication with—

16 ‘‘(i) an individual who is engaging or

17 has engaged in international terrorism (as

18 defined in section 101 of the Foreign Intel19 ligence Surveillance Act of 1978 (50

20 U.S.C. 1801)) or clandestine intelligence

21 activities that involve or may involve a vio22 lation of the criminal statutes of the Unit23 ed States; or

24 ‘‘(ii) a foreign power (as defined in

25 section 101 of the Foreign Intelligence
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1 Surveillance Act of 1978 (50 U.S.C.

2 1801)) or an agent of a foreign power (as

3 defined in that section) under cir4 cumstances giving reason to believe that

5 the communication concerned international

6 terrorism (as defined in that section) or

7 clandestine intelligence activities that in8 volve or may involve a violation of the

9 criminal statutes of the United States.

10 ‘‘(2) NAME, ADDRESS, LENGTH OF SERVICE,

11 AND TOLL BILLING RECORDS.—The Director of the

12 Federal Bureau of Investigation, or the Director’s

13 designee in a position not lower than Deputy Assist14 ant Director, may request the name, address, length

15 of service, and toll billing records of a person or en16 tity if the Director (or designee in a position not

17 lower than Deputy Assistant Director) certifies in

18 writing to the wire or electronic communication serv19 ice provider to which the request is made that—

20 ‘‘(A) the name, address, length of service, and

21 toll billing records sought are relevant to an author22 ized foreign counterintelligence investigation; and

23 ‘‘(B) there are specific and articulable facts giv24 ing reason to believe that the person or entity to

25 whom the information sought pertains is a foreign
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1 power (as defined in section 101 of the Foreign In2 telligence Surveillance Act of 1978 (50 U.S.C.

3 1801)) or an agent of a foreign power (as defined

4 in that section).’’.

5 (b) REPORT TO JUDICIARY COMMITTEES.—Section

6 2709(e) of title 18, United States Code, is amended by

7 adding after ‘‘Senate’’ the following: ‘‘, and the Committee

8 on the Judiciary of the House of Representatives and the

9 Committee on the Judiciary of the Senate,’’.

10 TITLE VIII—SEXUAL VIOLENCE,

11 CHILD ABUSE, AND VICTIMS’

12 RIGHTS

13 Subtitle A—Sexual Violence and

14 Child Abuse

15 SECTION 800. SHORT TITLE.

16 This subtitle may be cited as the ‘‘Sexual Assault

17 Prevention Act of 1993’’.

18 CHAPTER 1—SEXUAL VIOLENCE

19 Subchapter A—Penalties and Remedies

20 SEC. 801. PRE-TRIAL DETENTION IN SEX OFFENSE CASES.

21 Section 3156(a)(4) of title 18, United States Code,

22 is amended—

23 (1) by striking ‘‘, or’’ at the end of subpara24 graph (A) and inserting a semicolon;
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1 (2) by striking the period at the end of sub2 paragraph (B) and inserting ‘‘; or’’; and

3 (3) by adding after subparagraph (B) the fol4 lowing new subparagraph:

5 ‘‘(C) any felony under chapter 109A or chapter

6 110.’’.

7 SEC. 802. DEATH PENALTY FOR MURDERS COMMITTED BY

8 SEX OFFENDERS.

9 (a) IN GENERAL.—Chapter 51 of title 18, United

10 States Code is amended by adding at the end the following

11 new section:

12 ‘‘§ 1118. Death penalty for murders committed by sex

13 offenders

14 ‘‘(a) OFFENSE.—A person who—

15 ‘‘(1) causes the death of a person intentionally,

16 knowingly, or through recklessness manifesting ex17 treme indifference to human life; or

18 ‘‘(2) causes the death of a person through the

19 intentional infliction of serious bodily injury,

20 shall be punished as provided in subsection (c).

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

23 conduct resulting in death occurs in the course of another

24 offense against the United States.
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1 ‘‘(c) PENALTY.—An offense described in this section

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

3 for an offense described in this section as provided in this

4 section, except that a sentence of death may not be im5 posed on a defendant who was below the age of 18 years

6 at the time of the commission of the crime.

7 ‘‘(d) MITIGATING FACTORS.—In determining wheth8 er to recommend a sentence of death, the jury shall con9 sider whether any aspect of the defendant’s character,

10 background, or record or any circumstance of the offense

11 that the defendant may proffer as a mitigating factor ex12 ists, including the following factors:

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

14 mental capacity to appreciate the wrongfulness of

15 his conduct or to conform his conduct to the require16 ments of law was significantly impaired.

17 ‘‘(2) DURESS.—The defendant was under un18 usual and substantial duress.

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

20 defendant is punishable as a principal (pursuant to

21 section 2) in the offense, which was committed by

22 another, but the defendant’s participation was rel23 atively minor.

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

25 whether to recommend a sentence of death, the jury shall
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1 consider any aggravating factor for which notice has been

2 provided under subsection (f) of this section, including the

3 following factors—

4 ‘‘(1) KILLING IN COURSE OF DESIGNATED SEX

5 CRIMES.—The conduct resulting in death occurred

6 in the course of an offense defined in chapter 109A,

7 110, or 117.

8 ‘‘(2) KILLING IN CONNECTION WITH SEXUAL

9 ASSAULT OR CHILD MOLESTATION.—The defendant

10 committed a crime of sexual assault or crime of

11 child molestation in the course of an offense on

12 which Federal jurisdiction is based under subsection

13 (b).

14 ‘‘(3) PRIOR CONVICTION OF SEXUAL ASSAULT

15 OR CHILD MOLESTATION.—The defendant has pre16 viously been convicted of a crime of sexual assault

17 or crime of child molestation.

18 ‘‘(f) NOTICE OF INTENT TO SEEK DEATH PEN19 ALTY.—If the Government intends to seek the death pen20 alty for an offense under this section, the attorney for the

21 Government shall file with the court and serve on the de22 fendant a notice of such intent. The notice shall be pro23 vided a reasonable time before the trial or acceptance of

24 a guilty plea, or at such later time before trial as the court

25 may permit for good cause. If the court permits a late
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1 filing of the notice upon a showing of good cause, the court

2 shall ensure that the defendant has adequate time to pre3 pare for trial. The notice shall set forth the aggravating

4 factor or factors the Government will seek to prove as the

5 basis for the death penalty. The factors for which notice

6 is provided under this subsection may include factors con7 cerning the effect of the offense on the victim and the vic8 tim’s family. The court may permit the attorney for the

9 Government to amend the notice upon a showing of good

10 cause.

11 ‘‘(g) JUDGE AND JURY AT CAPITAL SENTENCING

12 HEARING.—A hearing to determine whether the death

13 penalty will be imposed for an offense under this section

14 shall be conducted by the judge who presided at trial or

15 accepted a guilty plea, or by another judge if that judge

16 is not available. The hearing shall be conducted before the

17 jury that determined the defendant’s guilt if that jury is

18 available. A new jury shall be impaneled for the purpose

19 of the hearing if the defendant pleaded guilty, the trial

20 of guilt was conducted without a jury, the jury that deter21 mined the defendant’s guilt was discharged for good

22 cause, or reconsideration of the sentence is necessary after

23 the initial imposition of a sentence of death. A jury

24 impaneled under this subsection shall have 12 members

25 unless the parties stipulate to a lesser number at any time
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1 before the conclusion of the hearing with the approval of

2 the judge. Upon motion of the defendant, with the ap3 proval of the attorney for the Government, the hearing

4 shall be carried out before the judge without a jury. If

5 there is no jury, references to ‘the jury’ in this section,

6 where applicable, shall be understood as referring to the

7 judge.

8 ‘‘(h) PROOF OF MITIGATING AND AGGRAVATING

9 FACTORS.—No presentence report shall be prepared if a

10 capital sentencing hearing is held under this section. Any

11 information relevant to the existence of mitigating factors,

12 or to the existence of aggravating factors for which notice

13 has been provided under subsection (f), may be presented

14 by either the Government or the defendant. The informa15 tion presented may include trial transcripts and exhibits.

16 Information presented by the Government in support of

17 factors concerning the effect of the offense on the victim

18 and the victim’s family may include oral testimony, a vic19 tim impact statement that identifies the victim of the of20 fense and the nature and extent of harm and loss suffered

21 by the victim and the victim’s family, and other relevant

22 information. Information is admissible regardless of its

23 admissibility under the rules governing the admission of

24 evidence at criminal trials, except that information may

25 be excluded if its probative value is outweighed by the dan-
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1 ger of creating unfair prejudice, confusing the issues, or

2 misleading the jury. The attorney for the Government and

3 the attorney for the defendant shall be permitted to rebut

4 any information received at the hearing, and shall be given

5 fair opportunity to present argument as to the adequacy

6 of the information to establish the existence of any aggra7 vating or mitigating factor, and as to the appropriateness

8 in that case of imposing a sentence of death. The attorney

9 for the Government shall open the argument, the defend10 ant shall be permitted to reply, and the Government shall

11 then be permitted to reply in rebuttal.

12 ‘‘(i) FINDINGS OF AGGRAVATING AND MITIGATING

13 FACTORS.—The jury shall return special findings identify14 ing any aggravating factor or factors for which notice has

15 been provided under subsection (f) and which the jury

16 unanimously determines have been established by the Gov17 ernment beyond a reasonable doubt. A mitigating factor

18 is established if the defendant has proven its existence by

19 a preponderance of the evidence, and any member of the

20 jury who finds the existence of such a factor may regard

21 it as established for purposes of this section regardless of

22 the number of jurors who concur that the factor has been

23 established.

24 ‘‘(j) FINDING CONCERNING A SENTENCE OF

25 DEATH.—If the jury specially finds under subsection (i)
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1 that one or more aggravating factors set forth in this sec2 tion exist, and the jury further finds unanimously that

3 there are no mitigating factors or that the aggravating

4 factor or factors specially found under subsection (i) out5 weigh any mitigating factors, the jury shall recommend

6 a sentence of death. In any other case, the jury shall not

7 recommend a sentence of death. The jury shall be in8 structed that it must avoid any influence of sympathy,

9 sentiment, passion, prejudice, or other arbitrary factors in

10 its decision, and should make such a recommendation as

11 the information warrants.

12 ‘‘(k) SPECIAL PRECAUTION TO ASSURE AGAINST

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

14 court, before the return of a finding under subsection (j),

15 shall instruct the jury that, in considering whether to rec16 ommend a sentence of death, it shall not be influenced

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

18 national origin, or sex of the defendant or any victim, and

19 that the jury is not to recommend a sentence of death

20 unless it has concluded that it would recommend a sen21 tence of death for such a crime regardless of the race,

22 color, religion, national origin, or sex of the defendant or

23 any victim. The jury, upon the return of a finding under

24 subsection (j), shall also return to the court a certificate,

25 signed by each juror, that the race, color, religion, national
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1 origin, or sex of the defendant or any victim did not affect

2 the juror’s individual decision and that the individual juror

3 would have recommended the same sentence for such a

4 crime regardless of the race, color, religion, national ori5 gin, or sex of the defendant or any victim.

6 ‘‘(l) IMPOSITION OF A SENTENCE OF DEATH.—Upon

7 a recommendation under subsection (j) that a sentence of

8 death be imposed, the court shall sentence the defendant

9 to death. Otherwise the court shall impose a sentence,

10 other than death, that is authorized by law.

11 ‘‘(m) REVIEW OF A SENTENCE OF DEATH.—The de12 fendant may appeal a sentence of death under this section

13 by filing a notice of appeal of the sentence within the time

14 provided for filing a notice of appeal of the judgment of

15 conviction. An appeal of a sentence under this subsection

16 may be consolidated with an appeal of the judgment of

17 conviction and shall have priority over all non-capital mat18 ters in the court of appeals. The court of appeals shall

19 review the entire record in the case including the evidence

20 submitted at trial and information submitted during the

21 sentencing hearing, the procedures employed in the sen22 tencing hearing, and the special findings returned under

23 subsection (i). The court of appeals shall uphold the sen24 tence if it determines that the sentence of death was not

25 imposed under the influence of passion, prejudice, or any
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1 other arbitrary factor, that the evidence and information

2 support the special findings under subsection (i), and that

3 the proceedings were otherwise free of prejudicial error

4 that was properly preserved for and raised on appeal. In

5 any other case, the court of appeals shall remand the case

6 for reconsideration of the sentence or imposition of an7 other authorized sentence as appropriate, except that the

8 court shall not reverse a sentence of death on the ground

9 that an aggravating factor was not supported by the evi10 dence and information if at least one aggravating factor

11 set forth in subsection (e) that was found to exist remains

12 and the court, on the basis of the evidence submitted at

13 trial and the information submitted at the sentencing

14 hearing, finds no mitigating factor or finds that the re15 maining aggravating factor or factors which were found

16 to exist outweigh any mitigating factors. The court of ap17 peals shall state in writing the reasons for its disposition

18 of an appeal of a sentence of death under this section.

19 ‘‘(n) IMPLEMENTATION OF SENTENCE OF DEATH.—

20 A person sentenced to death under this section shall be

21 committed to the custody of the Attorney General until

22 exhaustion of the procedures for appeal of the judgment

23 of conviction and review of the sentence. When the sen24 tence is to be implemented, the Attorney General shall re25 lease the person sentenced to death to the custody of a
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1 United States Marshal. The Marshal shall supervise im2 plementation of the sentence in the manner prescribed by

3 the law of the State in which the sentence is imposed, or

4 in the manner prescribed by the law of another State des5 ignated by the court if the law of the State in which the

6 sentence was imposed does not provide for implementation

7 of a sentence of death. The Marshal may use State or local

8 facilities, may use the services of an appropriate State or

9 local official or of a person such an official employs, and

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

11 Attorney General.

12 ‘‘(o) SPECIAL BAR TO EXECUTION.—A sentence of

13 death shall not be carried out upon a woman while she

14 is pregnant.

15 ‘‘(p) CONSCIENTIOUS OBJECTION TO PARTICIPATION

16 IN EXECUTION.—No employee of any State department

17 of corrections, the Federal Bureau of Prisons, or the Unit18 ed States Marshals Service, and no person providing serv19 ices to that department, bureau, or service under contract

20 shall be required, as a condition of that employment or

21 contractual obligation, to be in attendance at or to partici22 pate in any execution carried out under this section if such

23 participation is contrary to the moral or religious convic24 tions of the employee. For purposes of this subsection, the

25 term ‘participate in any execution’ includes personal prep-
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1 aration of the condemned individual and the apparatus

2 used for the execution, and supervision of the activities

3 of other personnel in carrying out such activities.

4 ‘‘(q) APPOINTMENT OF COUNSEL FOR INDIGENT

5 CAPITAL DEFENDANTS.—A defendant against whom a

6 sentence of death is sought, or on whom a sentence of

7 death has been imposed, under this section, shall be enti8 tled to appointment of counsel from the commencement

9 of trial proceedings until one of the conditions specified

10 in subsection (v) has occurred, if the defendant is or be11 comes financially unable to obtain adequate representa12 tion. Counsel shall be appointed for trial representation

13 as provided in section 3005, and at least one counsel so

14 appointed shall continue to represent the defendant until

15 the conclusion of direct review of the judgment, unless re16 placed by the court with other qualified counsel. Except

17 as otherwise provided in this section, section 3006A shall

18 apply to appointments under this section.

19 ‘‘(r) REPRESENTATION AFTER FINALITY OF JUDG20 MENT.—When a judgment imposing a sentence of death

21 under this section has become final through affirmance by

22 the Supreme Court on direct review, denial of certiorari

23 by the Supreme Court on direct review, or expiration of

24 the time for seeking direct review in the court of appeals

25 or the Supreme Court, the Government shall promptly no-
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1 tify the court that imposed the sentence. The court, within

2 10 days of receipt of such notice, shall proceed to make

3 a determination whether the defendant is eligible for ap4 pointment of counsel for subsequent proceedings. The

5 court shall issue an order appointing one or more counsel

6 to represent the defendant upon a finding that the defend7 ant is financially unable to obtain adequate representation

8 and wishes to have counsel appointed or is unable com9 petently to decide whether to accept or reject appointment

10 of counsel. The court shall issue an order denying appoint11 ment of counsel upon a finding that the defendant is fi12 nancially able to obtain adequate representation or that

13 the defendant rejected appointment of counsel with an un14 derstanding of the consequences of that decision. Counsel

15 appointed pursuant to this subsection shall be different

16 from the counsel who represented the defendant at trial

17 and on direct review unless the defendant and counsel re18 quest a continuation or renewal of the earlier representa19 tion.

20 ‘‘(s) STANDARDS FOR COMPETENCE OF COUNSEL.—

21 In relation to a defendant who is entitled to appointment

22 of counsel under this section, at least one counsel ap23 pointed for trial representation must have been admitted

24 to the bar for at least 5 years and have at least 3 years

25 of experience in the trial of felony cases in the Federal
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1 district courts. If new counsel is appointed after judgment,

2 at least one counsel so appointed must have been admitted

3 to the bar for at least 5 years and have at least 3 years

4 of experience in the litigation of felony cases in the Fed5 eral courts of appeals or the Supreme Court. The court,

6 for good cause, may appoint counsel who does not meet

7 these standards, but whose background, knowledge, or ex8 perience would otherwise enable that counsel to properly

9 represent the defendant, with due consideration of the se10 riousness of the penalty and the nature of the litigation.

11 ‘‘(t) CLAIMS OF INEFFECTIVENESS OF COUNSEL IN

12 COLLATERAL PROCEEDINGS.—The ineffectiveness or in13 competence of counsel during proceedings on a motion

14 under section 2255 of title 28 shall not be a ground for

15 relief from the judgment or sentence in any proceeding.

16 This limitation shall not preclude the appointment of dif17 ferent counsel at any stage of the proceedings.

18 ‘‘(u) TIME FOR COLLATERAL ATTACK ON DEATH

19 SENTENCE.—A motion under section 2255 of title 28 at20 tacking a sentence of death under this section, or the con21 viction on which it is predicated, shall be filed within 90

22 days of the issuance of the order under subsection (r) ap23 pointing or denying the appointment of counsel for such

24 proceedings. The court in which the motion is filed, for

25 good cause shown, may extend the time for filing for a
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1 period not exceeding 60 days. Such a motion shall have

2 priority over all non-capital matters in the district court,

3 and in the court of appeals on review of the district court’s

4 decision.

5 ‘‘(v) STAY OF EXECUTION.—The execution of a sen6 tence of death under this section shall be stayed in the

7 course of direct review of the judgment and during the

8 litigation of an initial motion in the case under section

9 2255 of title 28. The stay shall run continuously following

10 imposition of the sentence and shall expire if—

11 ‘‘(1) the defendant fails to file a motion under

12 section 2255 of title 28 within the time specified in

13 subsection (u), or fails to make a timely application

14 for court of appeals review following the denial of

15 such a motion by a district court;

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

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

18 Supreme Court disposes of a petition for certiorari

19 in a manner that leaves the capital sentence undis20 turbed, or the defendant fails to file a timely petition

21 for certiorari; or

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

23 counsel and after having been advised of the con24 sequences of such a decision, the defendant waives
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1 the right to file a motion under section 2255 of title

2 28.

3 ‘‘(w) FINALITY OF THE DECISION ON REVIEW.—If

4 one of the conditions specified in subsection (v) has oc5 curred, no court thereafter shall have the authority to

6 enter a stay of execution or grant relief in the case un7 less—

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

9 is a claim not presented in earlier proceedings;

10 ‘‘(2) the failure to raise the claim is the result

11 of governmental action in violation of the Constitu12 tion or laws of the United States, the result of the

13 Supreme Court’s recognition of a new Federal right

14 that is retroactively applicable, or the result of the

15 fact that the factual predicate of the claim could not

16 have been discovered through the exercise of reason17 able diligence in time to present the claim in earlier

18 proceedings; and

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

20 sufficient, if proven, to undermine the court’s con21 fidence in the determination of guilt on the offense

22 or offenses for which the death penalty was imposed.

23 ‘‘(x) DEFINITIONS.—In this section—

24 ‘‘ ‘child’ means a person below the age of 14.
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1 ‘‘ ‘crime of child molestation’ means a crime

2 under Federal or State law that involved—

3 ‘‘(A) contact between any part of the de4 fendant’s body or an object and the genitals or

5 anus of a child;

6 ‘‘(B) contact between the genitals or anus

7 of the defendant and any part of the body of

8 a child;

9 ‘‘(C) deriving sexual pleasure or gratifi10 cation from the infliction of death, bodily in11 jury, or physical pain on a child; or

12 ‘‘(D) an attempt or conspiracy to engage

13 in any conduct described in paragraphs (A)

14 through (C).

15 ‘‘ ‘crime of sexual assault’ means a crime under

16 Federal or State law that involved—

17 ‘‘(A) contact, without consent, between any

18 part of the defendant’s body or an object and

19 the genitals or anus of another person;

20 ‘‘(B) contact, without consent, between the

21 genitals or anus of the defendant and any part

22 of the body of another person;

23 ‘‘(C) deriving sexual pleasure or gratifi24 cation from the infliction of death, bodily in25 jury, or physical pain on another person; or
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1 ‘‘(D) an attempt or conspiracy to engage

2 in any conduct described in paragraphs (A)

3 through (C).’’.

4 (b) TECHNICAL AMENDMENT.—The chapter analysis

5 for chapter 110A of title 18, United States Code, is

6 amended by adding at the end the following new item:

‘‘1118. Death penalty for murders committed by sex offenders.’’.

7 SEC. 803. INCREASED PENALTIES FOR RECIDIVIST SEX

8 OFFENDERS.

9 (a) PENALTIES FOR SUBSEQUENT OFFENSES.—

10 Chapter 109A of title 18, United States Code, is amend11 ed—

12 (1) by redesignating section 2245 as section

13 2246; and

14 (2) by inserting after section 2244 the following

15 new section:

16 ‘‘§ 2245. Penalties for subsequent offenses

17 ‘‘A person who violates this chapter, after a prior con18 viction under this chapter or the law of a State (as defined

19 in section 513) for conduct proscribed by this chapter has

20 become final, is punishable by a term of imprisonment up

21 to twice that otherwise authorized.’’.

22 (b) TECHNICAL AMENDMENT.—The chapter analysis

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

24 amended—
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1 (1) by striking ‘‘2245’’ and inserting ‘‘2246’’;

2 and

3 (2) by inserting after the item relating to sec4 tion 2244 the following new item:

‘‘2245. Penalties for subsequent offenses.’’.

5 SEC. 804. INCREASED PENALTIES FOR SEX OFFENSES

6 AGAINST VICTIMS BELOW THE AGE OF 16.

7 Section 2245(2) of title 18, United States Code, is

8 amended—

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

10 (B);

11 (2) by striking ‘‘; and’’ at the end of subpara12 graph (C) and inserting ‘‘; or’’; and

13 (3) by inserting after subparagraph (C) the fol14 lowing new subparagraph:

15 ‘‘(D) the intentional touching, not through the

16 clothing, of the genitalia of another person who has

17 not attained the age of 16 years with an intent to

18 abuse, humiliate, harass, degrade, or arouse or grat19 ify the sexual desire of any person;’’.

20 SEC. 805. SENTENCING GUIDELINES INCREASE FOR SEX

21 OFFENSES.

22 The United States Sentencing Commission shall

23 study and, if necessary, amend the sentencing guidelines

24 to increase by at least 4 levels the base offense level for

25 an offense under section 2241 (relating to aggravated sex-
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1 ual abuse) or section 2242 (relating to sexual abuse) of

2 title 18, United States Code, and shall consider whether

3 any other changes are warranted in the guidelines provi4 sions applicable to such offenses to ensure realization of

5 the objectives of sentencing. In amending the guidelines

6 in conformity with this section, the Sentencing Commis7 sion shall review the appropriateness and adequacy of ex8 isting offense characteristics and adjustments applicable

9 to such offenses, taking into account the heinousness of

10 sexual abuse offenses, the severity and duration of the

11 harm caused to victims, and any other relevant factors.

12 SEC. 806. HIV TESTING AND PENALTY ENHANCEMENT IN

13 SEXUAL OFFENSE CASES.

14 (a) IN GENERAL.—Chapter 109A of title 18, United

15 States Code, as amended by section 803, is amended by

16 inserting at the end the following new section:

17 ‘‘§ 2247. Testing for human immunodeficiency virus;

18 disclosure of test results to victim; effect

19 on penalty

20 ‘‘(a) TESTING AT TIME OF PRE-TRIAL RELEASE DE21 TERMINATION.—In a case in which a person is charged

22 with an offense under this chapter, a judicial officer issu23 ing an order pursuant to section 3142(a) shall include in

24 the order a requirement that a test for the human

25 immunodeficiency virus be performed upon the person and
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1 that followup tests for the virus be performed 6 months

2 and 12 months following the date of the initial test, unless

3 the judicial officer determines that the conduct of the per4 son created no risk of transmission of the virus to the vic5 tim, and so states in the order. The order shall direct that

6 the initial test be performed within 24 hours, or as soon

7 thereafter as feasible. The person shall not be released

8 from custody until the test is performed.

9 ‘‘(b) TESTING AT LATER TIME.—If a person charged

10 with an offense under this chapter was not tested for the

11 human immunodeficiency virus pursuant to subsection (a),

12 the court may at a later time direct that such a test be

13 performed upon the person, and that follow-up tests be

14 performed 6 months and 12 months following the date of

15 the initial test, if it appears to the court that the conduct

16 of the person may have risked transmission of the virus

17 to the victim. A testing requirement under this subsection

18 may be imposed at any time while the charge is pending,

19 or following conviction at any time prior to the person’s

20 completion of service of the sentence.

21 ‘‘(c) TERMINATION OF TESTING REQUIREMENT.—A

22 requirement of follow-up testing imposed under this sec23 tion shall be canceled if any test is positive for the virus

24 or the person obtains an acquittal on, or dismissal of, all

25 charges under this chapter.
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1 ‘‘(d) DISCLOSURE OF TEST RESULTS.—The results

2 of any test for the human immunodeficiency virus per3 formed pursuant to an order under this section shall be

4 provided to the judicial officer or court. The judicial offi5 cer or court shall ensure that the results are disclosed to

6 the victim (or to the victim’s parent or legal guardian, as

7 appropriate), the attorney for the Government, and the

8 person tested.

9 ‘‘(e) EFFECT ON PENALTY.—The United States Sen10 tencing Commission shall amend existing guidelines for

11 sentences for offenses under this chapter to enhance the

12 sentence if the offender knew or had reason to know that

13 he was infected with the human immunodeficiency virus,

14 except where the offender did not engage or attempt to

15 engage in conduct creating a risk of transmission of the

16 virus to the victim.’’.

17 (b) TECHNICAL AMENDMENT.—The chapter analysis

18 for chapter 109A of title 18, United States Code, as

19 amended by section 803, is amended by adding at the end

20 the following new item:

‘‘2247. Testing for human immunodeficiency virus; disclosure of test results to

victim; effect on penalty.’’.

21 SEC. 807. PAYMENT OF COST OF HIV TESTING FOR VICTIMS

22 IN SEX OFFENSE CASES.

23 Section 503(c)(7) of the Victims’ Rights and Restitu24 tion Act of 1990 (42 U.S.C. 10607(c)(7)) is amended by
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1 inserting: ‘‘, the cost of up to two tests of the victim for

2 the human immunodeficiency virus during the 12 months

3 following the assault, and the cost of a counseling session

4 by a medically trained professional on the accuracy of such

5 tests and the risk of transmission of the human

6 immunodeficiency virus to the victim as the result of the

7 assault’’ before the period at the end.

8 SEC. 808. EXTENSION AND STRENGTHENING OF RESTITU9 TION.

10 Section 3663 of title 18, United States Code, is

11 amended—

12 (1) in subsection (b)—

13 (A) in paragraph (2) by inserting ‘‘or an

14 offense under chapter 109A or chapter 110’’

15 after ‘‘an offense resulting in bodily injury to a

16 victim’’;

17 (B) by striking ‘‘and’’ at the end of para18 graph (3);

19 (C) by redesignating paragraph (4) as

20 paragraph (5); and

21 (D) by inserting after paragraph (3) the

22 following new paragraph:

23 ‘‘(4) in any case, reimburse the victim for lost

24 income and necessary child care, transportation, and

25 other expenses related to participation in the inves-
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1 tigation or prosecution of the offense or attendance

2 at proceedings related to the offense; and’’; and

3 (2) in subsection (d) by adding at the end:

4 ‘‘However, the court shall issue an order requiring

5 restitution of the full amount of the victim’s losses

6 and expenses for which restitution is authorized

7 under this section in imposing sentence for an of8 fense under chapter 109A or chapter 110, unless the

9 Government and the victim do not request such

10 restitution.’’.

11 SEC. 809. ENFORCEMENT OF RESTITUTION ORDERS

12 THROUGH SUSPENSION OF FEDERAL BENE13 FITS.

14 Section 3663 of title 18, United States Code, is

15 amended—

16 (1) by redesignating subsections (g) and (h) as

17 subsections (h) and (i), respectively; and

18 (2) by inserting after subsection (f) the follow19 ing new subsection:

20 ‘‘(g)(1) If the defendant is delinquent in making res21 titution in accordance with any schedule of payments or

22 any requirement of immediate payment imposed under

23 this section, the court may, after a hearing, suspend the

24 defendant’s eligibility for all Federal benefits until such
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1 time as the defendant demonstrates to the court good2 faith efforts to return to such schedule.

3 ‘‘(2) In this subsection—

4 ‘‘(A) ‘Federal benefits’—

5 ‘‘(i) means any grant, contract, loan, pro6 fessional license, or commercial license provided

7 by an agency of the United States or appro8 priated funds of the United States; and

9 ‘‘(ii) does not include any retirement, wel10 fare, Social Security, health, disability, veterans

11 benefit, public housing, or other similar benefit,

12 or any other benefit for which payments or

13 services are required for eligibility.

14 ‘‘(B) ‘veterans benefit’ means all benefits pro15 vided to veterans, their families, or survivors by vir16 tue of the service of a veteran in the Armed Forces

17 of the United States.’’.

18 SEC. 810. CIVIL REMEDY FOR VICTIMS OF SEXUAL VIO19 LENCE.

20 (a) CAUSE OF ACTION.—A person who, in violation

21 of the Constitution or laws of the United States, engages

22 in sexual violence against another, shall be liable to the

23 injured party in an action under this section. The relief

24 available in such an action shall include compensatory and
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1 punitive damages and any appropriate equitable or declar2 atory relief.

3 (b) DEFINITION.—In this section, ‘‘sexual violence’’

4 means any conduct proscribed by chapter 109A of title

5 18, United States Code, whether or not the conduct occurs

6 in the special maritime and territorial jurisdiction of the

7 United States or in a Federal prison.

8 (c) ATTORNEY’S FEES.—Section 922 of the Revised

9 Statutes (42 U.S.C. 1988) is amended—

10 (1) by striking ‘‘or’’ after ‘‘Public Law 92–

11 318’’; and

12 (2) by inserting ‘‘, or section 111 of the Sexual

13 Assault Prevention Act of 1993,’’ after ‘‘1964’’.

14 Subchapter B—Rules of Evidence, Practice,

15 and Procedure

16 SEC. 821. ADMISSIBILITY OF EVIDENCE OF SIMILAR

17 CRIMES IN SEX OFFENSE CASES.

18 The Federal Rules of Evidence are amended by add19 ing after Rule 412 the following new rules:

20 ‘‘Rule 413. Evidence of Similar Crimes in Sexual As21 sault Cases

22 ‘‘(a) EVIDENCE ADMISSIBLE.—In a criminal case in

23 which the defendant is accused of an offense of sexual as24 sault, evidence of the defendant’s commission of another

25 offense or offenses of sexual assault is admissible, and
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1 may be considered for its bearing on any matter to which

2 it is relevant.

3 ‘‘(b) DISCLOSURE TO DEFENDANT.—In a case in

4 which the government intends to offer evidence under this

5 rule, the attorney for the government shall disclose the

6 evidence to the defendant, including statements of wit7 nesses or a summary of the substance of any testimony

8 that is expected to be offered, at least 15 days before the

9 scheduled date of trial or at such later time as the court

10 may allow for good cause.

11 ‘‘(c) EFFECT ON OTHER RULES.—This rule shall not

12 be construed to limit the admission or consideration of evi13 dence under any other rule.

14 ‘‘(d) DEFINITION.—For purposes of this rule and

15 rule 415, ‘offense of sexual assault’ means a crime under

16 Federal law or the law of a State (as defined in section

17 513 of title 18, United States Code) that involved—

18 ‘‘(1) conduct proscribed by chapter 109A of

19 title 18, United States Code;

20 ‘‘(2) contact, without consent, between any part

21 of the defendant’s body or an object and the genitals

22 or anus of another person;

23 ‘‘(3) contact, without consent, between the geni24 tals or anus of the defendant and any part of an25 other person’s body;
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1 ‘‘(4) deriving sexual pleasure or gratification

2 from the infliction of death, bodily injury, or phys3 ical pain on another person; or

4 ‘‘(5) an attempt or conspiracy to engage in con5 duct described in paragraph (1), (2), (3), or (4).

6 ‘‘Rule 414. Evidence of Similar Crimes in Child Mo7 lestation Cases

8 ‘‘(a) EVIDENCE ADMISSIBLE.—In a criminal case in

9 which the defendant is accused of an offense of child mo10 lestation, evidence of the defendant’s commission of an11 other offense or offenses of child molestation is admissible

12 and may be considered for its bearing on any matter to

13 which it is relevant.

14 ‘‘(b) DISCLOSURE TO DEFENDANT.—In a case in

15 which the government intends to offer evidence under this

16 rule, the attorney for the government shall disclose the

17 evidence to the defendant, including statements of wit18 nesses or a summary of the substance of any testimony

19 that is expected to be offered, at least 15 days before the

20 scheduled date of trial or at such later time as the court

21 may allow for good cause.

22 ‘‘(c) EFFECT ON OTHER RULES.—This rule shall not

23 be construed to limit the admission or consideration of evi24 dence under any other rule.
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1 ‘‘(d) DEFINITION.—For purposes of this rule and

2 rule 414, ‘child’ means a person below the age of 14 years,

3 and ‘offense of child molestation’ means a crime under

4 Federal law or the law of a State (as defined in section

5 513 of title 18, United States Code) that involved—

6 ‘‘(1) conduct proscribed by chapter 109A of

7 title 18, United States Code, that was committed in

8 relation to a child;

9 ‘‘(2) conduct proscribed by chapter 110 of title

10 18, United States Code;

11 ‘‘(3) contact between any part of the defend12 ant’s body or an object and the genitals or anus of

13 a child;

14 ‘‘(4) contact between the genitals or anus of the

15 defendant and any part of the body of a child;

16 ‘‘(5) deriving sexual pleasure or gratification

17 from the infliction of death, bodily injury, or phys18 ical pain on a child; or

19 ‘‘(6) an attempt or conspiracy to engage in con20 duct described in paragraph (1), (2), (3), (4), or (5).

21 ‘‘Rule 415. Evidence of Similar Acts in Civil Cases

22 Concerning Sexual Assault or Child Mo23 lestation

24 ‘‘(a) EVIDENCE ADMISSIBLE.—In a civil case in

25 which a claim for damages or other relief is predicated
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1 on a party’s alleged commission of conduct constituting

2 an offense of sexual assault or child molestation, evidence

3 of that party’s commission of another offense or offenses

4 of sexual assault or child molestation is admissible and

5 may be considered as provided in rule 413 and rule 414

6 of these rules.

7 ‘‘(b) DISCLOSURE TO OTHER PARTIES.—A party who

8 intends to offer evidence under this rule shall disclose the

9 evidence to the party against whom it will be offered, in10 cluding statements of witnesses or a summary of the sub11 stance of any testimony that is expected to be offered, at

12 least 15 days before the scheduled date of trial or at such

13 later time as the court may allow for good cause.

14 ‘‘(c) EFFECT ON OTHER RULES.—This rule shall not

15 be construed to limit the admission or consideration of evi16 dence under any other rule.’’.

17 SEC. 822. EXTENSION AND STRENGTHENING OF RAPE VIC18 TIM SHIELD LAW.

19 (a) AMENDMENTS TO RAPE VICTIM SHIELD LAW.—

20 Rule 412 of the Federal Rules of Evidence is amended—

21 (1) in subdivisions (a) and (b) by striking

22 ‘‘criminal case’’ and inserting ‘‘criminal or civil

23 case’’;

24 (2) in subdivisions (a) and (b) by striking ‘‘an

25 offense under chapter 109A of title 18, United
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1 States Code,’’ and inserting ‘‘an offense or civil

2 wrong involving conduct proscribed by chapter 109A

3 of title 18, United States Code, whether or not the

4 conduct occurred in the special maritime and terri5 torial jurisdiction of the United States or in a Fed6 eral prison,’’;

7 (3) in subdivision (a) by striking ‘‘victim of

8 such offense’’ and inserting ‘‘victim of such con9 duct’’;

10 (4) in subdivision (c)—

11 (A) by striking in paragraph (1) ‘‘the per12 son accused of committing an offense under

13 chapter 109A of title 18, United States Code’’

14 and inserting ‘‘the accused’’; and

15 (B) by inserting at the end of paragraph

16 (3): ‘‘An order admitting evidence under this

17 paragraph shall explain the reasoning leading to

18 the finding of relevance, and the basis of the

19 finding that the probative value of the evidence

20 outweighs the danger of unfair prejudice not21 withstanding the potential of the evidence to

22 humiliate and embarrass the alleged victim and

23 to result in unfair or biased inferences.’’; and

24 (5) in subdivision (d) by striking ‘‘an offense

25 under chapter 109A of title 18, United States Code’’
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1 and inserting ‘‘the conduct proscribed by chapter

2 109A of title 18, United States Code,’’.

3 (b) INTERLOCUTORY APPEAL.—Section 3731 of title

4 18, United States Code, is amended by inserting after the

5 second paragraph the following new paragraph:

6 ‘‘An appeal by the United States before trial shall

7 lie to a court of appeals from an order of a district court

8 admitting evidence of an alleged victim’s past sexual be9 havior in a criminal case in which the defendant is charged

10 with an offense involving conduct proscribed by chapter

11 109A, whether or not the conduct occurred in the special

12 maritime and territorial jurisdiction of the United States

13 or in a Federal prison.’’.

14 SEC. 823. INADMISSIBILITY OF EVIDENCE TO SHOW PROVO15 CATION OR INVITATION BY VICTIM IN SEX

16 OFFENSE CASES.

17 The Federal Rules of Evidence, as amended by sec18 tion 821, are amended by adding after rule 415 the follow19 ing new rule:

20 ‘‘Rule 416. Inadmissibility of Evidence to Show Invi21 tation or Provocation by Victim in Sexual

22 Abuse Cases

23 ‘‘In a criminal case in which a person is accused of

24 an offense involving conduct proscribed by chapter 109A

25 of title 18, United States Code, whether or not the conduct
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1 occurred in the special maritime and territorial jurisdic2 tion of the United States or in a Federal prison, evidence

3 is not admissible to show that the alleged victim invited

4 or provoked the commission of the offense. This rule does

5 not limit the admission of evidence of consent by the al6 leged victim if the issue of consent is relevant to liability

7 and the evidence is otherwise admissible under these

8 rules.’’.

9 SEC. 824. RIGHT OF THE VICTIM TO FAIR TREATMENT IN

10 LEGAL PROCEEDINGS.

11 Not later than 180 days after the date of enactment

12 of this Act, the Judicial Conference of the United States

13 shall review and make recommendations regarding the fol14 lowing Rules of Professional Conduct for Lawyers in Fed15 eral Practice:

16 ‘‘RULES OF PROFESSIONAL CONDUCT FOR

17 LAWYERS IN FEDERAL PRACTICE

‘‘Rule 1. Scope

‘‘Rule 2. Abuse of Victims and Others Prohibited

‘‘Rule 3. Duty of Enquiry in Relation to Client

‘‘Rule 4. Duty To Expedite Litigation

‘‘Rule 5. Duty To Prevent Commission of Crime

18 ‘‘Rule 1. Scope

19 ‘‘(a) These rules apply to the conduct of lawyers in

20 their representation of clients in relation to proceedings

21 and potential proceedings before federal tribunals.

22 ‘‘(b) For purposes of these rules, ‘federal tribunal’

23 and ‘tribunal’ mean a court of the United States or an
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1 agency of the federal government that carries out adju2 dicatory or quasi-adjudicatory functions.

3 ‘‘Rule 2. Abuse of Victims and Others Prohibited

4 ‘‘(a) A lawyer shall not engage in any action or course

5 of conduct for the purpose of increasing the expense of

6 litigation for any person, other than a liability under an

7 order or judgment of a tribunal.

8 ‘‘(b) A lawyer shall not engage in any action or course

9 of conduct that has no substantial purpose other than to

10 distress, harass, embarrass, burden, or inconvenience an11 other person.

12 ‘‘(c) A lawyer shall not offer evidence that the lawyer

13 knows to be false or attempt to discredit evidence that the

14 lawyer knows to be true.

15 ‘‘Rule 3. Duty of Enquiry in Relation to Client

16 ‘‘A lawyer shall attempt to elicit from the client a

17 truthful account of the material facts concerning the mat18 ters in issue. In representing a client charged with a crime

19 or civil wrong, the duty of enquiry under this rule in20 cludes—

21 ‘‘(1) attempting to elicit from the client a mate22 rially complete account of the alleged criminal activ23 ity or civil wrong if the client acknowledges involve24 ment in the alleged activity or wrong; and
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1 ‘‘(2) attempting to elicit from the client the ma2 terial facts relevant to a defense of alibi if the client

3 denies such involvement.

4 ‘‘Rule 4. Duty To Expedite Litigation

5 ‘‘(a) A lawyer shall seek to bring about the expedi6 tious conduct and conclusion of litigation.

7 ‘‘(b) A lawyer shall not seek a continuance or other8 wise attempt to delay or prolong proceedings in the hope

9 or expectation that—

10 ‘‘(1) evidence will become unavailable;

11 ‘‘(2) evidence will become more subject to im12 peachment or otherwise less useful to another party

13 because of the passage of time; or

14 ‘‘(3) an advantage will be obtained in relation

15 to another party because of the expense, frustration,

16 distress, or other hardship resulting from prolonged

17 or delayed proceedings.

18 ‘‘Rule 5. Duty To Prevent Commission of Crime

19 ‘‘(a) A lawyer may disclose information relating to

20 the representation of a client to the extent necessary to

21 prevent the commission of a crime or other unlawful act.

22 ‘‘(b) A lawyer shall disclose information relating to

23 the representation of a client where disclosure is required

24 by law. A lawyer shall also disclose such information to

25 the extent necessary to prevent—
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1 ‘‘(1) the commission of a crime involving the

2 use or threatened use of force against another, or a

3 substantial risk of death or serious bodily injury to

4 another; or

5 ‘‘(2) the commission of a crime of sexual as6 sault or child molestation.

7 ‘‘(c) For purposes of this rule, ‘crime’ means a crime

8 under the law of the United States or the law of a State,

9 and ‘unlawful act’ means an act in violation of the law

10 of the United States or the law of a State.’’.

11 SEC. 825. VICTIM’S RIGHT OF ALLOCUTION IN SENTENCING.

12 Rule 32 of the Federal Rules of Criminal Procedure

13 is amended—

14 (1) by striking ‘‘and’’ at the end of subdivision

15 (a)(1)(B);

16 (2) by striking the period at the end of subdivi17 sion (a)(1)(C) and inserting ‘‘; and’’;

18 (3) by inserting after subdivision (a)(1)(C) the

19 following:

20 ‘‘(D) if sentence is to be imposed for a crime

21 of violence or sexual abuse, address the victim per22 sonally if the victim is present at the sentencing

23 hearing and determine if the victim wishes to make

24 a statement and to present any information in rela25 tion to the sentence.’’;
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1 (4) in the penultimate sentence of subdivision

2 (a)(1) by striking ‘‘equivalent opportunity’’ and in3 serting ‘‘opportunity equivalent to that of the de4 fendant’s counsel’’;

5 (5) in the last sentence of subdivision (a)(1) by

6 inserting ‘‘the victim,’’ before ‘‘, or the attorney for

7 the Government.’’; and

8 (6) by adding at the end the following new sub9 division:

10 ‘‘(f) DEFINITIONS.—For purposes of this rule—

11 ‘‘(1) ‘crime of violence or sexual abuse’ means

12 a crime that involved the use or attempted or threat13 ened use of physical force against the person or

14 property of another, or a crime under chapter 109A

15 of title 18, United States Code; and

16 ‘‘(2) ‘victim’ means an individual against whom

17 an offense for which a sentence is to be imposed has

18 been committed, but the right of allocution under

19 subdivision (a)(1)(D) may be exercised instead by—

20 ‘‘(A) a parent or legal guardian if the vic21 tim is below the age of 18 years or incompetent;

22 or

23 ‘‘(B) one or more family members or rel24 atives designated by the court if the victim is

25 deceased or incapacitated,
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1 if such person or persons are present at the sentenc2 ing hearing, regardless of whether the victim is

3 present.’’.

4 SEC. 826. VICTIM’S RIGHT OF PRIVACY.

5 (a) FINDINGS.—The Congress finds that—

6 (1) the crime of rape is underreported to law

7 enforcement authorities because of its traumatic ef8 fect on victims and the stigmatizing nature of the

9 crime;

10 (2) rape victims may be further victimized by

11 involuntary public disclosure of their identities;

12 (3) rape victims should be encouraged to come

13 forward and report the crime without fear of being

14 revictimized through involuntary public disclosure of

15 their identities; and

16 (4) any interest of the public in knowing the

17 identity of a rape victim notwithstanding the vic18 tim’s wishes to the contrary is outweighed by the in19 terest of protecting the privacy of rape victims and

20 encouraging rape victims to report the crime and as21 sist in prosecution.

22 (b) SENSE OF CONGRESS.—It is the sense of Con23 gress that news media, law enforcement personnel, and

24 other persons should exercise restraint and respect a rape

25 victim’s privacy by not disclosing the victim’s identity to
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1 the general public or facilitating such disclosure without

2 the consent of the victim.

3 Subchapter C—Safe Campuses

4 SEC. 831. NATIONAL BASELINE STUDY ON CAMPUS SEXUAL

5 ASSAULT.

6 (a) STUDY.—The Attorney General shall provide for

7 a national baseline study to examine the scope of the prob8 lem of campus sexual assaults and the effectiveness of in9 stitutional and legal policies in addressing such crimes and

10 protecting victims. The Attorney General may utilize the

11 Bureau of Justice Statistics, the National Institute of Jus12 tice, and the Office for Victims of Crime in carrying out

13 this section.

14 (b) REPORT.—Based on the study required by sub15 section (a), the Attorney General shall prepare a report

16 including an analysis of—

17 (1) the number of reported allegations and esti18 mated number of unreported allegations of campus

19 sexual assaults, and to whom the allegations are re20 ported (including authorities of the educational insti21 tution, sexual assault victim service entities, and

22 local criminal authorities);

23 (2) the number of campus sexual assault allega24 tions reported to authorities of educational institu25 tions which are reported to criminal authorities;
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1 (3) the number of campus sexual assault allega2 tions that result in criminal prosecution in compari3 son with the number of non-campus sexual assault

4 allegations that result in criminal prosecution;

5 (4) Federal and State laws or regulations per6 taining specifically to campus sexual assaults;

7 (5) the adequacy of policies and practices of

8 educational institutions in addressing campus sexual

9 assaults and protecting victims, including consider10 ation of—

11 (A) the security measures in effect at edu12 cational institutions, such as utilization of cam13 pus police and security guards, control over ac14 cess to grounds and buildings, supervision of

15 student activities and student living arrange16 ments, control over the consumption of alcohol

17 by students, lighting, and the availability of es18 cort services;

19 (B) the articulation and communication to

20 students of the institution’s policies concerning

21 sexual assaults;

22 (C) policies and practices that may prevent

23 or discourage the reporting of campus sexual

24 assaults to local criminal authorities, or that

25 may otherwise obstruct justice or interfere with
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1 the prosecution of perpetrators of campus sex2 ual assaults;

3 (D) the nature and availability of victim

4 services for victims of campus sexual assaults;

5 (E) the ability of educational institutions’

6 disciplinary processes to address allegations of

7 sexual assault adequately and fairly;

8 (F) measures that are taken to ensure that

9 victims are free of unwanted contact with al10 leged assailants, and disciplinary sanctions that

11 are imposed when a sexual assault is deter12 mined to have occurred; and

13 (G) the grounds on which educational in14 stitutions are subject to lawsuits based on cam15 pus sexual assaults, the resolution of these

16 cases, and measures that can be taken to avoid

17 the likelihood of lawsuits and civil liability;

18 (6) an assessment of the policies and practices

19 of educational institutions that are of greatest effec20 tiveness in addressing campus sexual assaults and

21 protecting victims, including policies and practices

22 relating to the particular issues described in para23 graph (5); and

24 (7) any recommendations the Attorney General

25 may have for reforms to address campus sexual as-
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1 saults and protect victims more effectively, and any

2 other matters that the Attorney General deems rel3 evant to the subject of the study and report required

4 by this section.

5 (c) SUBMISSION OF REPORT.—The report required

6 by subsection (b) shall be submitted to the Congress no

7 later than September 1, 1995.

8 (d) DEFINITION.—For purposes of this section,

9 ‘‘campus sexual assaults’’ includes sexual assaults occur10 ring at institutions of postsecondary education and sexual

11 assaults committed against or by students or employees

12 of such institutions.

13 (e) AUTHORIZATION OF APPROPRIATION.—There is

14 authorized to be appropriated $200,000 to carry out the

15 study required by this section.

16 Subchapter D—Assistance to States and

17 Localities

18 SEC. 841. SEXUAL VIOLENCE GRANT PROGRAM.

19 (a) PURPOSE.—The purpose of this section is to

20 strengthen and improve State and local efforts to prevent

21 and punish sexual violence, and to assist and protect the

22 victims of sexual violence.

23 (b) AUTHORIZATION OF GRANTS.—The Attorney

24 General, through the Bureau of Justice Assistance, the

25 Office for Victims of Crime, and the Bureau of Justice
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1 Statistics, may make grants to support projects and pro2 grams relating to sexual violence, including support of—

3 (1) training and policy development programs

4 for law enforcement officers and prosecutors con5 cerning the investigation and prosecution of sexual

6 violence;

7 (2) law enforcement and prosecutorial units and

8 teams that target sexual violence;

9 (3) victim services programs for victims of sex10 ual violence;

11 (4) educational and informational programs re12 lating to sexual violence;

13 (5) improved systems for collecting, keeping,

14 and disseminating records and data concerning sex15 ual violence and offenders who engage in sexual vio16 lence;

17 (6) background check systems that enable em18 ployers to determine whether employees and appli19 cants for employment have criminal histories involv20 ing sexual violence, in relation to employment posi21 tions for which a person may be unsuitable on the

22 basis of such a history, such as child care positions

23 and positions involving access to people’s homes;
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1 (7) registration systems which require persons

2 convicted of sexual violence to keep law enforcement

3 authorities informed of their addresses or locations;

4 (8) security measures in parks, public transpor5 tation systems, public buildings and facilities, and

6 other public places which reduce the risk that acts

7 of sexual violence will occur in such places;

8 (9) programs addressing campus sexual as9 saults (as defined in section 831);

10 (10) programs assisting runaway and homeless

11 children who have been subjected to or at risk of

12 sexual violence or sexual exploitation;

13 (11) training programs for judges and court

14 personnel in relation to cases involving sexual vio15 lence; and

16 (12) treatment programs in a correctional set17 ting for offenders who engage in sexual violence,

18 which may include aftercare components, and which

19 shall include an evaluation component to determine

20 the effectiveness of the treatment in reducing

21 recidivism.

22 (c) FORMULA GRANTS.—Of the amount appropriated

23 in each fiscal year for grants under this section, other than

24 the amount set aside to carry out subsection (d)—
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1 (1) 1 percent shall be set aside for each partici2 pating State; and

3 (2) the remainder shall be allocated to the par4 ticipating States in proportion to their populations;

5 for the use of State and local governments in the States.

6 (d) DISCRETIONARY GRANTS.—Of the amount appro7 priated in each fiscal year, 20 percent shall be set aside

8 in a discretionary fund to provide grants to public and

9 private agencies to further the purposes and objectives set

10 forth in subsections (a) and (b).

11 (e) APPLICATION FOR FORMULA GRANTS.—To re12 quest a grant under subsection (c), the chief executive offi13 cer of a State must, in each fiscal year, submit to the

14 Attorney General a plan for addressing sexual violence in

15 the State, including a specification of the uses to which

16 funds provided under subsection (c) will be put in carrying

17 out the plan. The application shall include—

18 (1) certification that the Federal funding pro19 vided will be used to supplement and not supplant

20 State and local funds;

21 (2) certification that any requirement of State

22 law for review by the State legislature or a des23 ignated body, and any requirement of State law for

24 public notice and comment concerning the proposed

25 plan, have been satisfied; and
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1 (3) provisions for fiscal control, management,

2 recordkeeping, and submission of reports in relation

3 to funds provided under this section that are consist4 ent with requirements prescribed for the program.

5 (f) CONDITIONS ON GRANTS.—

6 (1) MATCHING FUNDS.—Grants under sub7 section (c) may be for up to 50 percent of the overall

8 cost of a project or program funded. Discretionary

9 grants under subsection (d) may be for up to 100

10 percent of the overall cost of a project of program

11 funded.

12 (2) DURATION OF GRANTS.—Grants under sub13 section (c) may be provided in relation to a particu14 lar project or program for up to an aggregate maxi15 mum period of 4 years.

16 (3) LIMIT ON ADMINISTRATIVE COSTS.—Not

17 more than 5 percent of a grant under subsection (c)

18 may be used for costs incurred to administer the

19 grant.

20 (4) PAYMENT OF COST OF FORENSIC MEDICAL

21 EXAMINATIONS.—It is a condition of eligibility for

22 grants under subsection (c) that a State pay the cost

23 of forensic medical examinations for victims of sex24 ual violence.
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1 (5) POLICIES AGAINST CAMPUS SEXUAL AS2 SAULTS.—For an institution of postsecondary edu3 cation seeking a grant under subsection (d), it is a

4 condition of eligibility that the institution articulate

5 and communicate to its students a clear policy that

6 sexual violence will not be tolerated by the institu7 tion.

8 (g) EVALUATION.—The National Institute of Justice

9 shall have the authority to carry out evaluations of pro10 grams funded under this section. The recipient of any

11 grant under this section may be required to include an

12 evaluation component to determine the effectiveness of the

13 project or program funded that is consistent with guide14 lines issued by the National Institute of Justice.

15 (h) COORDINATION.—The Attorney General may uti16 lize the Office of Justice Programs to coordinate the ad17 ministration of grants under this section. The coordination

18 of grants under this section shall include prescribing con19 sistent program requirements for grantees, allocating

20 functions and the administration of particular grants

21 among the components that participate in the administra22 tion of the program under this section, coordinating the

23 program under this section with the Domestic Violence

24 and Family Support Grant Program established by section

25 857, and coordinating the program under this section with
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1 other grant programs administered by components of the

2 Department of Justice.

3 (i) DEFINITION.—In this section, ‘‘sexual violence’’

4 includes nonconsensual sex offenses and sex offenses in5 volving victims who are not able to give legally effective

6 consent because of age or incompetency.

7 (j) REPORT.—The Attorney General shall submit an

8 annual report to Congress concerning the operation and

9 effectiveness of the program under this section.

10 (k) AUTHORIZATION OF APPROPRIATIONS.—There

11 are authorized to be appropriated to carry out this sec12 tion—

13 (1) $250,000,000 for each of fiscal years 1994,

14 1995, and 1996; and

15 (2) such sums as are necessary for each fiscal

16 year thereafter.

17 SEC. 842. SUPPLEMENTARY GRANTS FOR STATES ADOPT18 ING EFFECTIVE LAWS RELATING TO SEXUAL

19 VIOLENCE.

20 (a) SUPPLEMENTARY GRANTS.—The Attorney Gen21 eral may, in each fiscal year, authorize the award to a

22 State of an aggregate amount of up to $1,000,000 under

23 the Sexual Violence Grant Program established by section

24 141, in addition to any funds that are otherwise author25 ized under that program. The authority to award addi-
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1 tional funding under this section is conditional on certifi2 cation by the Attorney General that the State has laws

3 relating to sexual violence that exceed or are reasonably

4 comparable to the provisions of Federal law (including

5 changes in Federal law made by this Act) in the following

6 areas:

7 (1) Authorization of pre-trial detention of de8 fendants in sexual assault cases where prevention of

9 flight or the safety of others cannot be reasonably

10 assured by other means, and denial of release pend11 ing appeal for persons convicted of sexual assault of12 fenses who have been sentenced to imprisonment.

13 (2) Authorization of severe penalties for sexual

14 assault offenses.

15 (3) Pre-trial testing for the human

16 immunodeficiency virus of persons charged with sex17 ual assault offenses, with disclosure of test results to

18 the victim.

19 (4) Payment of the cost of medical examina20 tions and the cost of testing for the human

21 immunodeficiency virus for victims of sexual as22 saults.

23 (5) According the victim of a sexual assault the

24 right to be present at judicial proceedings in the

25 case.
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1 (6) Protection of victims from inquiry into un2 related sexual behavior in sexual assault cases.

3 (7) Rules of professional conduct for lawyers

4 that protect victims from unwarranted cross-exam5 ination and impeachment, dilatory tactics, and other

6 abuses in sexual assault cases.

7 (8) Authorization of admission and consider8 ation in sexual assault cases of evidence that the de9 fendant has committed sexual assaults on other oc10 casions.

11 (9) Authorization of the victim in sexual assault

12 cases to address the court concerning the sentence

13 to be imposed.

14 (10) Authorization of the award of restitution

15 to victims of sexual assaults as part of a criminal

16 sentence.

17 (b) AUTHORIZATION OF APPROPRIATIONS.—There

18 are authorized to be appropriated in each fiscal year such

19 sums as may be necessary to carry out this section.
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1 CHAPTER 2—DOMESTIC VIOLENCE AND

2 OFFENSES AGAINST THE FAMILY

3 SEC. 851. NONCOMPLIANCE WITH CHILD SUPPORT OBLIGA4 TIONS IN INTERSTATE CASES.

5 (a) OFFENSE.—Part 1 of title 18, United States

6 Code, is amended by inserting after chapter 110 the fol7 lowing new chapter:

8 ‘‘CHAPTER 110A—NONCOMPLIANCE WITH CHILD

9 SUPPORT OBLIGATIONS

‘‘Sec.

‘‘2261. Noncompliance with child support obligations.

10 ‘‘§ 2261. Noncompliance with child support obliga11 tions

12 ‘‘(a) DEFINITIONS.—In this section—

13 ‘‘ ‘child support obligation’ means an amount

14 determined under a court order or an order of an

15 administrative process pursuant to the law of a

16 State to be due from a person for the support of a

17 child or of a child and the parent with whom the

18 child is living.

19 ‘‘ ‘major child support obligation’ means a child

20 support obligation that has remained unpaid for a

21 period exceeding one year, or that is greater than

22 $5,000.
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1 ‘‘ ‘past due support obligation’ means a child

2 support obligation that is unpaid at the time of sen3 tencing for an offense under this section.

4 ‘‘ ‘State’ has the meaning stated in section

5 513(c)(5).

6 ‘‘(b) OFFENSE.—A person who—

7 ‘‘(1) leaves or remains outside a State with in8 tent to avoid payment of a child support obligation;

9 or

10 ‘‘(2) fails to pay a major child support obliga11 tion with respect to a child who resides in another

12 State, despite having the financial resources to pay

13 the obligation or the ability to acquire such re14 sources through reasonable diligence,

15 shall be punished as provided in subsection (d).

16 ‘‘(c) PRESUMPTION.—In relation to an offense

17 charged under subsection (b)(1), the absence of the de18 fendant from the State for an aggregate period of 6

19 months without payment of the child support obligation

20 shall create a rebuttable presumption that the intent ex21 isted to avoid payment of the obligation.

22 ‘‘(d) PENALTY.—A person convicted of an offense

23 under this section shall be punished by imprisonment for

24 up to 6 months, and on a second or subsequent conviction,

25 by imprisonment for up to 2 years.
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1 ‘‘(e) RESTITUTION.—In addition to any restitution

2 that may be ordered pursuant to section 3663, a sentence

3 for an offense under this section shall include an order

4 of restitution in an amount equal to the past due support

5 obligation as it exists at the time of sentencing. Sub6 sections (e) through (i) of section 3663 apply to an order

7 of restitution pursuant to this subsection.’’.

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

9 part 1 of title 18, United States Code, is amended by in10 serting after the item for chapter 110 the following new

11 item:

‘‘2261. Noncompliance with child support obligations.’’.

12 (c) CONDITION OF PROBATION AND SUPERVISED RE13 LEASE.—Section 3563(b)(1) of title 18, United States

14 Code, is amended by inserting before the semicolon ‘‘, in15 cluding compliance with any court order or administrative

16 order under the law of a State (as defined in section

17 513(c)(5)) requiring payments for the support of a child

18 or of a child and the parent with whom the child is living’’.

19 SEC. 852. FULL FAITH AND CREDIT FOR PROTECTIVE

20 ORDERS.

21 (a) REQUIREMENT OF FULL FAITH AND CREDIT.—

22 Chapter 110A of title 18, United States Code, as added

23 by section 851, is amended by adding at the end the fol24 lowing new section:
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1 ‘‘§ 2262. Full faith and credit for protective orders

2 ‘‘(a) DEFINITIONS.—In this section—

3 ‘‘ ‘protective order’ means an order prohibiting

4 or limiting violence against, harassment of, contact

5 or communication with, or physical proximity to an6 other person.

7 ‘‘ ‘State’ has the meaning stated in section

8 513(c)(5).

9 ‘‘(b) FULL FAITH AND CREDIT.—A protective order

10 issued by a court of a State shall have the same full faith

11 and credit in a court in another State that it would have

12 in a court of the State in which issued, and shall be en13 forced by the courts of any State as if it were issued in

14 that State.’’.

15 (b) TECHNICAL AMENDMENT.—The chapter analysis

16 for chapter 110A of title 18, United States Code, as added

17 by section 201, is amended by adding at the end the fol18 lowing new item:

‘‘2262. Full faith and credit for protective orders.’’.

19 SEC. 853. PRESUMPTION AGAINST CHILD CUSTODY FOR

20 SPOUSE ABUSERS.

21 (a) FINDINGS.—The Congress finds that—

22 (1) courts fail to recognize the detrimental ef23 fects of having as a custodial parent an individual

24 who physically abuses his or her spouse, insofar as
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1 they do not hear or weigh evidence of domestic vio2 lence in child custody litigation;

3 (2) joint custody forced upon hostile parents

4 can create a damaging psychological environment for

5 a child;

6 (3) physical abuse of a spouse is relevant to the

7 likelihood of child abuse in child custody disputes;

8 (4) the effects on children of physical abuse of

9 a spouse include—

10 (A) traumatization and psychological dam11 age to children resulting from observation of

12 the abuse and the climate of violence and fear

13 existing in a home where abuse takes place;

14 (B) the risk that children may become tar15 gets of physical abuse when they attempt to in16 tervene on behalf of an abused parent; and

17 (C) the negative effects on children of ex18 posure to an inappropriate role model, in that

19 witnessing an aggressive parent may commu20 nicate to children that violence is an acceptable

21 means of dealing with others; and

22 (5) the harm to children from spouse abuse

23 may be compounded by award of exclusive or joint

24 custody to an abuser because further abuse may

25 occur when the abused spouse is forced to have con-
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1 tact with the abuser as a result of the custody ar2 rangement, and because the child or children may be

3 exposed to abuse committed by the abuser against a

4 subsequent spouse or partner.

5 (b) SENSE OF CONGRESS.—It is the sense of the

6 Congress that, for purposes of determining child custody,

7 evidence establishing that a parent engages in physical

8 abuse of a spouse should create a statutory presumption

9 that it is detrimental to the child to be placed in the cus10 tody of the abusive spouse.

11 SEC. 854. REPORT ON BATTERED WOMEN’S SYNDROME.

12 (a) REPORT.—The Attorney General shall prepare

13 and transmit to the Congress a report on the status of

14 battered women’s syndrome as a medical and psycho15 logical condition and on its effect in criminal trials. The

16 Attorney General may utilize the National Institute of

17 Justice to obtain information required for the preparation

18 of the report.

19 (b) COMPONENTS OF REPORT.—The report described

20 in subsection (a) shall include—

21 (1) a review of medical and psychological views

22 concerning the existence, nature, and effects of bat23 tered women’s syndrome as a psychological condi24 tion;
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1 (2) a compilation of judicial decisions that have

2 admitted or excluded evidence of battered women’s

3 syndrome as evidence of guilt or as a defense in

4 criminal trials; and

5 (3) information on the views of judges, prosecu6 tors, and defense attorneys concerning the effects

7 that evidence of battered women’s syndrome may

8 have in criminal trials.

9 SEC. 855. REPORT ON CONFIDENTIALITY OF ADDRESSES

10 FOR VICTIMS OF DOMESTIC VIOLENCE.

11 (a) REPORT.—The Attorney General shall conduct a

12 study of the means by which abusive spouses may obtain

13 information concerning the addresses or locations of es14 tranged or former spouses, notwithstanding the desire of

15 the victims to have such information withheld to avoid fur16 ther exposure to abuse. Based on the study, the Attorney

17 General shall transmit a report to Congress including—

18 (1) the findings of the study concerning the

19 means by which information concerning the address20 es or locations of abused spouses may be obtained

21 by abusers; and

22 (2) analysis of the feasibility of creating effec23 tive means of protecting the confidentiality of infor24 mation concerning the addresses and locations of

25 abused spouses to protect such persons from expo-
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1 sure to further abuse while preserving access to such

2 information for legitimate purposes.

3 (b) USE OF COMPONENTS.—The Attorney General

4 may use the National Institute of Justice and the Office

5 for Victims of Crime in carrying out this section.

6 SEC. 856. REPORT ON RECORDKEEPING RELATING TO DO7 MESTIC VIOLENCE.

8 Not later than 1 year after the date of enactment

9 of this Act, the Attorney General shall complete a study

10 of, and shall submit to Congress a report and rec11 ommendations on, problems of recordkeeping of criminal

12 complaints involving domestic violence. The study and re13 port shall examine—

14 (1) the efforts that have been made by the De15 partment of Justice, including the Federal Bureau

16 of Investigation, to collect statistics on domestic vio17 lence; and

18 (2) the feasibility of requiring that the relation19 ship between an offender and victim be reported in

20 Federal records of crimes of aggravated assault,

21 rape, and other violent crimes.

22 SEC. 857. DOMESTIC VIOLENCE AND FAMILY SUPPORT

23 GRANT PROGRAM.

24 (a) PURPOSE.—The purpose of this section is to

25 strengthen and improve State and local efforts to prevent
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1 and punish domestic violence and other criminal and un2 lawful acts that particularly affect women, and to assist

3 and protect the victims of such crimes and acts.

4 (b) AUTHORIZATION OF GRANTS.—The Attorney

5 General, through the Bureau of Justice Assistance, the

6 Office for Victims of Crime, and the Bureau of Justice

7 Statistics, may make grants to support projects and pro8 grams relating to domestic violence and other criminal and

9 unlawful acts that particularly affect women, including

10 support of—

11 (1) training and policy development programs

12 for law enforcement officers and prosecutors con13 cerning the investigation and prosecution of domes14 tic violence;

15 (2) law enforcement and prosecutorial units and

16 teams that target domestic violence;

17 (3) model, innovative, and demonstration law

18 enforcement programs relating to domestic violence

19 that involve pro-arrest and aggressive prosecution

20 policies;

21 (4) model, innovative, and demonstration pro22 grams for the effective utilization and enforcement

23 of protective orders;

24 (5) programs addressing stalking and persistent

25 menacing;
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1 (6) victim services programs for victims of do2 mestic violence;

3 (7) shelters that provide services for victims of

4 domestic violence and related programs;

5 (8) educational and informational programs re6 lating to domestic violence;

7 (9) resource centers providing information,

8 technical assistance, and training to domestic vio9 lence service providers, agencies, and programs;

10 (10) coalitions of domestic violence service pro11 viders, agencies, and programs;

12 (11) training programs for judges and court

13 personnel in relation to cases involving domestic vio14 lence; and

15 (12) enforcement of child support obligations,

16 including cooperative efforts and arrangements of

17 States to improve enforcement in cases involving

18 interstate elements.

19 (c) FORMULA GRANTS.—Of the amount appropriated

20 in each fiscal year for grants under this section, other than

21 the amount set aside to carry out subsection (d)—

22 (1) 1 percent shall be set aside for each partici23 pating State; and

24 (2) the remainder shall be allocated to the par25 ticipating States in proportion to their populations;
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1 for the use of State and local governments in the States.

2 (d) DISCRETIONARY GRANTS.—Of the amount appro3 priated in each fiscal year, 20 percent shall be set aside

4 in a discretionary fund to provide grants to public and

5 private agencies to further the purposes and objectives set

6 forth in subsections (a) and (b).

7 (e) APPLICATION FOR FORMULA GRANTS.—To re8 quest a grant under subsection (c), the chief executive offi9 cer of a State must, in each fiscal year, submit to the

10 Attorney General a plan for addressing domestic violence

11 and other criminal and unlawful acts that particularly af12 fect women in the State, including a specification of the

13 uses to which funds provided under subsection (c) will be

14 put in carrying out the plan. The application must in15 clude—

16 (1) certification that the Federal funding pro17 vided will be used to supplement and not supplant

18 State and local funds;

19 (2) certification that any requirement of State

20 law for review by the State legislature or a des21 ignated body, and any requirement of State law for

22 public notice and comment concerning the proposed

23 plan, have been satisfied; and

24 (3) provisions for fiscal control, management,

25 recordkeeping, and submission of reports in relation
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1 to funds provided under this section that are consist2 ent with requirements prescribed for the program.

3 (f) CONDITIONS ON GRANTS.—

4 (1) MATCHING FUNDS.—Grants under sub5 section (c) may be for up to 50 percent of the overall

6 cost of a project or program funded. Discretionary

7 grants under subsection (d) may be for up to 100

8 percent of the overall cost of a project or program

9 funded.

10 (2) DURATION OF GRANTS.—Grants under sub11 section (c) may be provided in relation to a particu12 lar project or program for up to an aggregate maxi13 mum period of four years.

14 (3) LIMIT ON ADMINISTRATIVE COSTS.—Not

15 more than 5 percent of a grant under subsection (c)

16 may be used for costs incurred to administer the

17 grant.

18 (g) EVALUATION.—The National Institute of Justice

19 shall have the authority to carry out evaluations of pro20 grams funded under this section. The recipient of any

21 grant under this section may be required to include an

22 evaluation component to determine the effectiveness of the

23 project or program funded that is consistent with guide24 lines issued by the National Institute of Justice.
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1 (h) COORDINATION.—The Attorney General may uti2 lize the Office of Justice Programs to coordinate the ad3 ministration of grants under this section. The coordination

4 of grants under this section shall include prescribing con5 sistent program requirements for grantees, allocating

6 functions and the administration of particular grants

7 among the components that participate in the administra8 tion of the program under this section, coordinating the

9 program under this section with the Sexual Violence Grant

10 Program established by section 841, and coordinating the

11 program under this section with other grant programs ad12 ministered by components of the Department of Justice.

13 (i) DEFINITION.—In this section, ‘‘domestic violence’’

14 includes any act of criminal violence in which the offender

15 and the victim are members of the same household or rel16 atives, or in which the offender and the victim are present

17 or former spouses or cohabitors or have a child in com18 mon.

19 (j) REPORT.—The Attorney General shall submit an

20 annual report to Congress concerning the operation and

21 effectiveness of the program under this section.

22 (k) AUTHORIZATION OF APPROPRIATIONS.—There

23 are authorized to be appropriated to carry out this sec24 tion—
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1 (1) $250,000,000 for each of fiscal years 1994,

2 1995, and 1996; and

3 (2) such sums as are necessary for each fiscal

4 year thereafter.

5 CHAPTER 3—NATIONAL TASK FORCE ON

6 VIOLENCE AGAINST WOMEN

7 SEC. 861. ESTABLISHMENT.

8 Not later than 30 days after the date of enactment

9 of this Act, the Attorney General shall establish a task

10 force to be known as the National Task Force on Violence

11 Against Women (referred to in this title as the ‘‘task

12 force’’).

13 SEC. 862. DUTIES OF TASK FORCE.

14 (a) GENERAL PURPOSE OF TASK FORCE.—The task

15 force shall recommend Federal, State, and local strategies

16 aimed at protecting women against violent crime, punish17 ing persons who commit such crimes, and enhancing the

18 rights of victims of such crimes.

19 (b) DUTIES OF TASK FORCE.—The task force shall

20 perform such functions as the Attorney General deems ap21 propriate to carry out the purposes of the task force, in22 cluding—

23 (1) considering the reports and recommenda24 tions of past Federal and State studies of violent

25 crime, family violence, and the treatment of crime
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1 victims, including the Report of the Attorney Gen2 eral to the President on Combating Violent Crime

3 (1992), the Report of the Attorney General’s Task

4 Force on Family Violence (1984), the Report of the

5 President’s Task Force on Victims of Crime (1982),

6 and the reports and recommendations of the task

7 forces and commissions established by the States of

8 Alabama, Alaska, Arkansas, Hawaii, Idaho, Indiana,

9 Kansas, Louisiana, Michigan, Minnesota, Nebraska,

10 New Mexico, New York, North Carolina, Rhode Is11 land, Virginia, Texas, and Wyoming;

12 (2) developing strategies for Federal, State, and

13 local law enforcement designed to protect women

14 against violent crime, and to prosecute and punish

15 those responsible for such crime;

16 (3) evaluating the adequacy of rules of evi17 dence, practice, and procedure to ensure the effective

18 prosecution and conviction of violent offenders

19 against women and to protect victims from abuse in

20 legal proceedings, and making recommendations for

21 the improvement of the rules;

22 (4) evaluating the adequacy of pre-trial release,

23 sentencing, incarceration, and post-conviction release

24 in relation to violent offenders against women, and

25 making recommendations designed to ensure that
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1 such offenders are restrained from causing further

2 harm to the victim and others and receive appro3 priate punishment, including means of ensuring that

4 the efficacy of criminal sanctions will not be under5 mined by parole or other early release mechanisms;

6 (5) assessing the issuance, formulation, and en7 forcement of protective orders, whether or not relat8 ed to a criminal proceeding, and making rec9 ommendations for the effective use of such orders to

10 protect women from violence;

11 (6) assessing the problem of stalking and per12 sistent menacing of women, and recommending ef13 fective means of response to the problem; and

14 (7) generally evaluating the treatment of

15 women as victims of violent crime in the criminal

16 justice system, and making recommendations de17 signed to improve such treatment.

18 SEC. 863. MEMBERSHIP.

19 (a) IN GENERAL.—The task force shall consist of up

20 to 10 members, who shall be appointed by the Attorney

21 General not later than 60 days after the date of enactment

22 of this Act. The Attorney General shall ensure that the

23 task force includes representatives of State and local law

24 enforcement, the State and local judiciary, and groups

25 dedicated to protecting the rights of victims.
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1 (b) CHAIRMAN.—The Attorney General or the Attor2 ney General’s designee shall serve as chairman of the task

3 force.

4 SEC. 864. PAY.

5 (a) NO ADDITIONAL COMPENSATION.—Members of

6 the task force who are officers or employees of a govern7 mental agency shall receive no additional compensation by

8 reason of their service on the task force.

9 (b) PER DIEM.—While away from their homes or reg10 ular places of business in the performance of duties for

11 the task force, members of the task force shall be allowed

12 travel expenses, including per diem in lieu of subsistence,

13 at rates authorized for employees of agencies under sec14 tions 5702 and 5703 of title 5, United States Code.

15 SEC. 865. EXECUTIVE DIRECTOR AND STAFF.

16 (a) EXECUTIVE DIRECTOR.—

17 (1) APPOINTMENT.—The task force shall have

18 an Executive Director who shall be appointed by the

19 Attorney General not later than 30 days after the

20 task force is fully constituted under section 303.

21 (2) COMPENSATION.—The Executive Director

22 shall be compensated at a rate not to exceed the

23 maximum rate of the basic pay payable for a posi24 tion above GS–15 of the General Schedule contained

25 in title 5, United States Code.
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1 (b) STAFF.—With the approval of the task force, the

2 Executive Director may appoint and fix the compensation

3 of such additional personnel as the Executive Director

4 considers necessary to carry out the duties of the task

5 force.

6 (c) APPLICABILITY OF CIVIL SERVICE LAWS.—The

7 Executive Director and the additional personnel of the

8 task force appointed under subsection (b) may be ap9 pointed without regard to title 5, United States Code, gov10 erning appointments in the competitive service, and may

11 be paid without regard to chapter 51 and subchapter III

12 of chapter 53 of that title relating to classification and

13 General Schedule pay rates.

14 (d) CONSULTANTS.—Subject to such rules as may be

15 prescribed by the task force, the Executive Director may

16 procure temporary intermittent services under section

17 3109(b) of title 5, United States Code, at rates for individ18 uals not to exceed $200 per day.

19 SEC. 866. POWERS OF TASK FORCE.

20 (a) HEARINGS.—For the purpose of carrying out this

21 title, the task force may conduct such hearings, sit and

22 act at such times and places, take such testimony, and

23 receive such evidence, as the task force considers appro24 priate. A member of the task force may administer oaths

25 to persons appearing before the task force.
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1 (b) DELEGATION.—Any member or employee of the

2 task force may, if authorized by the task force, take any

3 action that the task force is authorized to take under this

4 title.

5 (c) ACCESS TO INFORMATION.—The task force may

6 secure directly from any executive department or agency

7 such information as may be necessary to enable the task

8 force to carry out this title, to the extent access to such

9 information is permitted by law. On request of the Attor10 ney General, the head of such a department or agency

11 shall furnish such permitted information to the task force.

12 (d) MAIL.—The task force may use the United States

13 mails in the same manner and under the same conditions

14 as other departments and agencies of the United States.

15 SEC. 867. REPORT.

16 Not later than 1 year after the date on which the

17 task force is fully constituted under section 303, the Attor18 ney General shall submit a detailed report to the Congress

19 on the findings and recommendations of the task force.

20 SEC. 868. AUTHORIZATION OF APPROPRIATION.

21 There is authorized to be appropriated to carry out

22 this title $500,000 for fiscal year 1994.

23 SEC. 869. TERMINATION.

24 The task force shall cease to exist 30 days after the

25 date on which the Attorney General’s report is submitted
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1 under section 307. The Attorney General may extend the

2 life of the task force for a period of not to exceed one

3 year.

4 Subtitle B—Victims’ Rights

5 SEC. 871. RESTITUTION AMENDMENTS.

6 Section 3663(b) of title 18, United States Code, is

7 amended—

8 (1) by striking ‘‘and’’ at the end of paragraph

9 (3);

10 (2) by redesignating paragraph (4) as para11 graph (5); and

12 (3) by inserting after paragraph (4) the follow13 ing new paragraph:

14 ‘‘(4) in any case, reimburse the victim for nec15 essary child care, transportation, and other expenses

16 related to participation in the investigation or pros17 ecution of the offense or attendance at proceedings

18 related to the offense; and’’.

19 (b) SUSPENSION OF FEDERAL BENEFITS.—Section

20 3663 of title 18, United States Code, is amended—

21 (1) by redesignating subsections (g) and (h) as

22 subsections (h) and (i), respectively; and

23 (2) by inserting after subsection (f) the follow24 ing new subsection:
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1 ‘‘(g)(1) If the defendant is delinquent in making res2 titution in accordance with any schedule of payments or

3 any requirement of immediate payment imposed under

4 this section, the court may, after a hearing, suspend the

5 defendant’s eligibility for all Federal benefits until such

6 time as the defendant demonstrates to the court good7 faith efforts to return to such schedule.

8 ‘‘(2) In this subsection—

9 ‘‘(A) ‘Federal benefits’—

10 ‘‘(i) means any grant, contract, loan, pro11 fessional license, or commercial license provided

12 by an agency of the United States or by appro13 priated funds of the United States; and

14 ‘‘(ii) does not include any retirement, wel15 fare, Social Security, health, disability, veterans

16 benefit, public housing, or other similar benefit,

17 or any other benefit for which payments or

18 services are required for eligibility.

19 ‘‘(B) ‘veterans benefit’ means all benefits pro20 vided to veterans, their families, or survivors by vir21 tue of the service of a veteran in the Armed Forces

22 of the United States.’’.

23 SEC. 872. RIGHT OF THE VICTIM TO AN IMPARTIAL JURY.

24 Rule 24(b) of the Federal Rules of Criminal Proce25 dure is amended by striking ‘‘the Government is entitled
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1 to 6 peremptory challenges and the defendant or defend2 ants jointly to 10 peremptory challenges’’ and inserting

3 ‘‘each side is entitled to 6 peremptory challenges’’.

4 SEC. 873. MANDATORY RESTITUTION AND OTHER PROVI5 SIONS.

6 (a) ORDER OF RESTITUTION.—Section 3663 of title

7 18, United States Code, is amended—

8 (1) in subsection (a)—

9 (A) by striking ‘‘may order’’ and inserting

10 ‘‘shall order’’; and

11 (B) by adding at the end the following new

12 paragraph:

13 ‘‘(4) In addition to ordering restitution of the

14 victim of the offense of which a defendant is con15 victed, a court may order restitution of any person

16 who, as shown by a preponderance of evidence, was

17 harmed physically, emotionally, or pecuniarily, by

18 unlawful conduct of the defendant during—

19 ‘‘(A) the criminal episode during which the

20 offense occurred; or

21 ‘‘(B) the course of a scheme, conspiracy, or

22 pattern of unlawful activity related to the

23 offense.’’;

24 (2) in subsection (b)(1)(A) by striking ‘‘imprac25 tical’’ and inserting ‘‘impracticable’’;
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1 (3) in subsection (b)(2) by inserting ‘‘emotional

2 or’’ after ‘‘resulting in’’;

3 (4) in subsection (c) by striking ‘‘If the Court

4 decides to order restitution under this section, the’’

5 and inserting ‘‘The’’;

6 (5) by striking subsections (d), (e), (f), (h), and

7 (i), as redesignated by section 871(b)(1);

8 (6) by redesignating subsection (g), as added by

9 section 871(b)(2), as subsection (d); and

10 (7) by adding at the end the following new sub11 sections:

12 ‘‘(e)(1) The court shall order restitution to a victim

13 in the full amount of the victim’s losses as determined by

14 the court and without consideration of—

15 ‘‘(A) the economic circumstances of the of16 fender; or

17 ‘‘(B) the fact that a victim has received or is

18 entitled to receive compensation with respect to a

19 loss from insurance or any other source.

20 ‘‘(2) Upon determination of the amount of restitution

21 owed to each victim, the court shall specify in the restitu22 tion order the manner in which and the schedule according

23 to which the restitution is to be paid, in consideration of—

24 ‘‘(A) the financial resources and other assets of

25 the offender;
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1 ‘‘(B) projected earnings and other income of

2 the offender; and

3 ‘‘(C) any financial obligations of the offender,

4 including obligations to dependents.

5 ‘‘(3) A restoration order may direct the offender to

6 make a single, lump-sum payment, partial payment at

7 specified intervals, or such in-kind payments as may be

8 agreeable to the victim and the offender.

9 ‘‘(4) An in-kind payment described in paragraph (3)

10 may be in the form of—

11 ‘‘(A) return of property;

12 ‘‘(B) replacement of property; or

13 ‘‘(C) services rendered to the victim or to a per14 son or organization other than the victim.

15 ‘‘(f) When the court finds that more than 1 offender

16 has contributed to the loss of a victim, the court may make

17 each offender liable for payment of the full amount of res18 titution or may apportion liability among the offenders to

19 reflect the level of contribution and economic cir20 cumstances of each offender.

21 ‘‘(g) When the court finds that more than 1 victim

22 has sustained a loss requiring restitution by an offender,

23 the court shall order full restitution of each victim but may

24 provide for different payment schedules to reflect the eco25 nomic circumstances of each victim.
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1 ‘‘(h)(1) If the victim has received or is entitled to re2 ceive compensation with respect to a loss from insurance

3 or any other source, the court shall order that restitution

4 be paid to the person who provided or is obligated to pro5 vide the compensation, but the restitution order shall pro6 vide that all restitution of victims required by the order

7 be paid to the victims before any restitution is paid to

8 such a provider of compensation.

9 ‘‘(2) The issuance of a restitution order shall not af10 fect the entitlement of a victim to receive compensation

11 with respect to a loss from insurance or any other source

12 until the payments actually received by the victim under

13 the restitution order fully compensate the victim for the

14 loss, at which time a person that has provided compensa15 tion to the victim shall be entitled to receive any payments

16 remaining to be paid under the restitution order.

17 ‘‘(3) Any amount paid to a victim under an order of

18 restitution shall be set off against any amount later recov19 ered as compensatory damages by the victim in—

20 ‘‘(A) any Federal civil proceeding; and

21 ‘‘(B) any State civil proceeding, to the extent

22 provided by the law of the State.

23 ‘‘(i) A restitution order shall provide that—

24 ‘‘(1) all fines, penalties, costs, restitution pay25 ments and other forms of transfers of money or
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1 property made pursuant to the sentence of the court

2 shall be made by the offender to an entity des3 ignated by the Director of the Administrative Office

4 of the United States Courts for accounting and pay5 ment by the entity in accordance with this sub6 section;

7 ‘‘(2) the entity designated by the Director of

8 the Administrative Office of the United States

9 Courts shall—

10 ‘‘(A) log all transfers in a manner that

11 tracks the offender’s obligations and the cur12 rent status in meeting those obligations, unless,

13 after efforts have been made to enforce the res14 titution order and it appears that compliance

15 cannot be obtained, the court determines that

16 continued recordkeeping under this subpara17 graph would not be useful;

18 ‘‘(B) notify the court and the interested

19 parties when an offender is 90 days in arrears

20 in meeting those obligations; and

21 ‘‘(C) disburse money received from an of22 fender so that each of the following obligations

23 is paid in full in the following sequence:

24 ‘‘(i) a penalty assessment under sec25 tion 3013;
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1 ‘‘(ii) restitution of all victims; and

2 ‘‘(iii) all other fines, penalties, costs,

3 and other payments required under the

4 sentence; and

5 ‘‘(3) the offender shall advise the entity des6 ignated by the Director of the Administrative Office

7 of the United States Courts of any change in the of8 fender’s address during the term of the restitution

9 order.

10 ‘‘(j) A restitution order shall constitute a lien against

11 all property of the offender and may be recorded in any

12 Federal or State office for the recording of liens against

13 real or personal property.

14 ‘‘(k) Compliance with the schedule of payment and

15 other terms of a restitution order shall be a condition of

16 any probation, parole, or other form of release of an of17 fender. If a defendant fails to comply with a restitution

18 order, the court may revoke probation or a term of super19 vised release, modify the term or conditions of probation

20 or a term of supervised release, hold the defendant in con21 tempt of court, enter a restraining order or injunction,

22 order the sale of property of the defendant, accept a per23 formance bond, or take any other action necessary to ob24 tain compliance with the restitution order. In determining

25 what action to take, the court shall consider the defend-
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1 ant’s employment status, earning ability, financial re2 sources, the willfulness in failing to comply with the res3 titution order, and any other circumstances that may have

4 a bearing on the defendant’s ability to comply with the

5 restitution order.

6 ‘‘(l) An order of restitution may be enforced—

7 ‘‘(1) by the United States—

8 ‘‘(A) in the manner provided for the collec9 tion and payment of fines in subchapter B of

10 chapter 229; or

11 ‘‘(B) in the same manner as a judgment in

12 a civil action; and

13 ‘‘(2) by a victim named in the order to receive

14 restitution, in the same manner as a judgment in a

15 civil action.

16 ‘‘(m) A victim or the offender may petition the court

17 at any time to modify a restitution order as appropriate

18 in view of a change in the economic circumstances of the

19 offender.’’.

20 (b) PROCEDURE FOR ISSUING ORDER OF RESTITU21 TION.—Section 3664 of title 18, United States Code, is

22 amended—

23 (1) by striking subsection (a);

24 (2) by redesignating subsections (b), (c), (d),

25 and (e) as subsections (a), (b), (c), and (d);
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1 (3) by amending subsection (a), as redesignated

2 by paragraph (2), to read as follows:

3 ‘‘(a) The court may order the probation service of the

4 court to obtain information pertaining to the amount of

5 loss sustained by any victim as a result of the offense,

6 the financial resources of the defendant, the financial

7 needs and earning ability of the defendant and the defend8 ant’s dependents, and such other factors as the court

9 deems appropriate. The probation service of the court

10 shall include the information collected in the report of

11 presentence investigation or in a separate report, as the

12 court directs.’’; and

13 (4) by adding at the end the following new sub14 section:

15 ‘‘(e) The court may refer any issue arising in connec16 tion with a proposed order of restitution to a magistrate

17 or special master for proposed findings of fact and rec18 ommendations as to disposition, subject to a de novo de19 termination of the issue by the court.’’.

20 Subtitle C—National Child

21 Protection Act

22 SEC. 881. SHORT TITLE.

23 This subtitle may be cited as the ‘‘National Child

24 Protection Act of 1993’’.
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1 SEC. 882. FINDINGS AND PURPOSES.

2 (a) FINDINGS.—The Congress finds that—

3 (1) more than 2,500,000 reports of suspected

4 child abuse and neglect are made each year, and in5 creases have occurred in recent years in the abuse

6 of children by persons who have previously commit7 ted crimes of child abuse or other serious crimes;

8 (2) although the great majority of child care

9 providers are caring and dedicated professionals,

10 child abusers and others who harm or prey on chil11 dren frequently seek employment in or volunteer for

12 positions that give them access to children;

13 (3) nearly 6,000,000 children received day care

14 in 1990, and this total is growing rapidly to an esti15 mated 8,000,000 children by 1995;

16 (4) exposure to child abusers and others who

17 harm or prey on children is harmful to the physical

18 and emotional well-being of children;

19 (5) there is no reliable, centralized national

20 source through which child care organizations may

21 obtain the benefit of a nationwide criminal back22 ground check on persons who provide or seek to pro23 vide child care;

24 (6) some States maintain automated criminal

25 background files and provide criminal history infor-
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1 mation to child care organizations on persons who

2 provide or seek to provide child care; and

3 (7) because State and national criminal jus4 tice databases are inadequate to permit effective na5 tional background checks, persons convicted of

6 crimes of child abuse or other serious crimes may

7 gain employment at a child care organization.

8 (b) PURPOSES.—The purposes of this subtitle are—

9 (1) to establish a national system through

10 which child care organizations may obtain the bene11 fit of a nationwide criminal background check to de12 termine if persons who are current or prospective

13 child care providers have committed child abuse

14 crimes or other serious crimes;

15 (2) to establish minimum criteria for State laws

16 and procedures that permit child care organizations

17 to obtain the benefit of nationwide criminal back18 ground checks to determine if persons who are cur19 rent or prospective child care providers have commit20 ted child abuse crimes or other serious crimes;

21 (3) to provide procedural rights for persons who

22 are subject to nationwide criminal background

23 checks, including procedures to challenge and correct

24 inaccurate background check information;
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1 (4) to establish a national system for the re2 porting by the States of child abuse crime informa3 tion; and

4 (5) to document and study the problem of child

5 abuse by providing statistical and informational data

6 on child abuse and related crimes to the Department

7 of Justice and other interested parties.

8 SEC. 883. DEFINITIONS.

9 In this subtitle—

10 ‘‘authorized agency’’ means a division or office

11 of a State designated by a State to report, receive,

12 or disseminate information under this subtitle.

13 ‘‘background check crime’’ means a child abuse

14 crime, murder, manslaughter, aggravated assault,

15 kidnapping, arson, sexual assault, domestic violence,

16 incest, indecent exposure, prostitution, promotion of

17 prostitution, and a felony offense involving the use

18 or distribution of a controlled substance.

19 ‘‘child’’ means a person who is a child for pur20 poses of the criminal child abuse law of a State.

21 ‘‘child abuse’’ means the physical or mental in22 jury, sexual abuse or exploitation, neglectful treat23 ment, negligent treatment, or maltreatment of a

24 child by any person in violation of the criminal child

25 abuse laws of a State, but does not include discipline
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1 administered by a parent or legal guardian to his or

2 her child provided it is reasonable in manner and

3 moderate in degree and otherwise does not con4 stitute cruelty.

5 ‘‘child abuse crime’’ means a crime committed

6 under any law of a State that establishes criminal

7 penalties for the commission of child abuse by a par8 ent or other family member of a child or by any

9 other person.

10 ‘‘child abuse crime information’’ means the fol11 lowing facts concerning a person who is under in12 dictment for, or has been convicted of, a child abuse

13 crime: full name, social security number, age, race,

14 sex, date of birth, height, weight, hair and eye color,

15 legal residence address, a brief description of the

16 child abuse crime or offenses for which the person

17 is under indictment or has been convicted, and any

18 other information that the Attorney General deter19 mines may be useful in identifying persons under in20 dictment for, or convicted of, a child abuse crime.

21 ‘‘child care’’ means the provision of care, treat22 ment, education, training, instruction, supervision,

23 or recreation to children.
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1 ‘‘domestic violence’’ means a felony or mis2 demeanor involving the use or threatened use of

3 force by—

4 (A) a present or former spouse of the vic5 tim;

6 (B) a person with whom the victim shares

7 a child in common;

8 (C) a person who is cohabiting with or has

9 cohabited with the victim as a spouse; or

10 (D) any person defined as a spouse of the

11 victim under the domestic or family violence

12 laws of a State.

13 ‘‘exploitation’’ means child pornography and

14 child prostitution.

15 ‘‘mental injury’’ means harm to a child’s psy16 chological or intellectual functioning, which may be

17 exhibited by severe anxiety, depression, withdrawal

18 or outward aggressive behavior, or a combination of

19 those behaviors or by a change in behavior, emo20 tional response, or cognition.

21 ‘‘national criminal background check system’’

22 means the system of information and identification

23 relating to convicted and accused child abuse offend24 ers that is maintained by the Attorney General

25 under this subtitle.
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1 ‘‘negligent treatment’’ means the failure to pro2 vide, for a reason other than poverty, adequate food,

3 clothing, shelter, or medical care so as to seriously

4 endanger the physical health of a child.

5 ‘‘physical injury’’ includes lacerations, fractured

6 bones, burns, internal injuries, severe bruising, and

7 serious bodily harm.

8 ‘‘provider’’ means

9 (A) a person who—

10 (i) is employed by or volunteers with

11 a qualified entity;

12 (ii) who owns or operates a qualified

13 entity; or

14 (iii) who has or may have unsuper15 vised access to a child to whom the quali16 fied entity provides child care; and

17 (B) a person who—

18 (i) seeks to be employed by or volun19 teer with a qualified entity;

20 (ii) seeks to own or operate a qualified

21 entity; or

22 (iii) seeks to have or may have unsu23 pervised access to a child to whom the

24 qualified entity provides child care.
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1 ‘‘qualified entity’’ means a business or organi2 zation, whether public, private, for-profit, not-for3 profit, or voluntary, that provides child care or child

4 care placement services, including a business or or5 ganization that licenses or certifies others to provide

6 child care or child care placement services.

7 ‘‘sex crime’’ means an act of sexual abuse that

8 is a criminal act.

9 ‘‘sexual abuse’’ includes the employment, use,

10 persuasion, inducement, enticement, or coercion of a

11 child to engage in, or assist another person to en12 gage in, sexually explicit conduct or the rape, moles13 tation, prostitution, or other form of sexual exploi14 tation of children or incest with children.

15 ‘‘State’’ means a State, the District of Colum16 bia, the Commonwealth of Puerto Rico, American

17 Samoa, the Virgin Islands, Guam, and the Trust

18 Territories of the Pacific.

19 SEC. 884. REPORTING BY THE STATES.

20 (a) IN GENERAL.—An authorized agency of a State

21 shall report child abuse crime information to the national

22 criminal background check system.

23 (b) PROVISION OF STATE CHILD ABUSE CRIME

24 RECORDS TO THE NATIONAL CRIMINAL BACKGROUND

25 CHECK SYSTEM.—(1) Not later than 180 days after the
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1 date of enactment of this Act, the Attorney General

2 shall—

3 (A) investigate the criminal records of each

4 State and determine for each State a timetable by

5 which the State should be able to provide child

6 abuse crime records on an on-line capacity basis to

7 the national criminal background check system;

8 (B) establish guidelines for the reporting of

9 child abuse crime information, including guidelines

10 relating to the format, content, and accuracy of child

11 abuse crime information and other procedures for

12 carrying out this subtitle; and

13 (C) notify each State of the determinations

14 made pursuant to subparagraphs (A) and (B).

15 (2) The Attorney General shall require as a part of

16 the State timetable that the State—

17 (A) achieve, by not later than the date that is

18 3 years after the date of enactment of this Act, at

19 least 80 percent currency of child abuse crime case

20 dispositions in computerized criminal history files for

21 all child abuse crime cases in which there has been

22 an entry of activity within the last 5 years; and

23 (B) continue to maintain such a system.

24 (c) EXCHANGE OF INFORMATION.—An authorized

25 agency of a State shall maintain close liaison with the Na-
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1 tional Center on Child Abuse and Neglect, the National

2 Center for Missing and Exploited Children, and the Na3 tional Center for the Prosecution of Child Abuse for the

4 exchange of information and technical assistance in cases

5 of child abuse.

6 (d) ANNUAL SUMMARY.—(1) The Attorney General

7 shall publish an annual statistical summary of the child

8 abuse crime information reported under this subtitle.

9 (2) The annual statistical summary described in

10 paragraph (1) shall not contain any information that may

11 reveal the identity of any particular victim of a crime.

12 (e) ANNUAL REPORT.—The Attorney General shall

13 publish an annual summary of each State’s progress in

14 reporting child abuse crime information to the national

15 criminal background check system.

16 (f) STUDY OF CHILD ABUSE OFFENDERS.—(1) Not

17 later than 180 days after the date of enactment of this

18 Act, the Administrator of the Office of Juvenile Justice

19 and Delinquency Prevention shall begin a study based on

20 a statistically significant sample of convicted child abuse

21 offenders and other relevant information to determine—

22 (A) the percentage of convicted child abuse of23 fenders who have more than 1 conviction for an of24 fense involving child abuse;
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1 (B) the percentage of convicted child abuse of2 fenders who have been convicted of an offense in3 volving child abuse in more than 1 State;

4 (C) whether there are crimes or classes of

5 crimes, in addition to those defined as background

6 check crimes in section 883, that are indicative of a

7 potential to abuse children; and

8 (D) the extent to which and the manner in

9 which instances of child abuse form a basis for con10 victions for crimes other than child abuse crimes.

11 (2) Not later than 1 year after the date of enactment

12 of this Act, the Administrator shall submit a report to the

13 Chairman of the Committee on the Judiciary of the Senate

14 and the Chairman of the Committee on the Judiciary of

15 the House of Representatives containing a description of

16 and a summary of the results of the study conducted pur17 suant to paragraph (1).

18 SEC. 885. BACKGROUND CHECKS.

19 (a) IN GENERAL.—(1) A State may have in effect

20 procedures (established by or under State statute or regu21 lation) to permit a qualified entity to contact an author22 ized agency of the State to request a nationwide back23 ground check for the purpose of determining whether

24 there is a report that a provider is under indictment for,

25 or has been convicted of, a background check crime.
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1 (2) The authorized agency shall access and review

2 State and Federal records of background check crimes

3 through the national criminal background check system

4 and other criminal justice recordkeeping systems and shall

5 respond promptly to the inquiry.

6 (b) GUIDELINES.—(1) The Attorney General shall es7 tablish guidelines for State background check procedures

8 established under subsection (a), including procedures for

9 carrying out the purposes of this subtitle.

10 (2) The guidelines established under paragraph (1)

11 shall require—

12 (A) that no qualified entity may request a back13 ground check of a provider under subsection (a) un14 less the provider first completes and signs a state15 ment that—

16 (i) contains the name, address, and date of

17 birth appearing on a valid identification docu18 ment (as defined by section 1028(d)(1) of title

19 18, United States Code) of the provider;

20 (ii) the provider is not under indictment

21 for, and has not been convicted of, a back22 ground check crime and, if the provider is

23 under indictment for or has been convicted of

24 a background check crime, contains a descrip-
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1 tion of the crime and the particulars of the in2 dictment or conviction;

3 (iii) notifies the provider that the entity

4 may request a background check under sub5 section (a);

6 (iv) notifies the provider of the provider’s

7 rights under subparagraph (B); and

8 (v) notifies the provider that prior to the

9 receipt of the background check the qualified

10 entity may choose to deny the provider unsuper11 vised access to a child to whom the qualified en12 tity provides child care;

13 (B) that each State establish procedures under

14 which a provider who is the subject of a background

15 check under subsection (a) is entitled—

16 (i) to obtain a copy of any background

17 check report and any record that forms the

18 basis for any such report; and

19 (ii) to challenge the accuracy and com20 pleteness of any information contained in any

21 such report or record and obtain a prompt de22 termination from an authorized agency as to

23 the validity of such challenge;

24 (C) that an authorized agency to which a quali25 fied entity has provided notice pursuant to sub-
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1 section (a) make reasonable efforts to complete re2 search in whatever State and local recordkeeping

3 systems are available and in the national criminal

4 background check system and respond to the quali5 fied entity within 15 business days;

6 (D) that the response of an authorized agency

7 to an inquiry pursuant to subsection (a) informs the

8 qualified entity that the background check pursuant

9 to this section—

10 (i) may not reflect all indictments or con11 victions for a background check crime;

12 (ii) is not certain to include arrest infor13 mation; and

14 (iii) should not be the sole basis for deter15 mining the fitness of a provider;

16 (E) that the response of an authorized agency

17 to an inquiry pursuant to subsection (a)—

18 (i) at a minimum, states whether the back19 ground check information set forth in the iden20 tification document required under subpara21 graph (A) is complete and accurate; and

22 (ii) be limited to the information reason23 ably required to accomplish the purposes of this

24 subtitle;
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1 (F) that no qualified entity may take action ad2 verse to a provider, except that the qualified entity

3 may choose to deny the provider unsupervised access

4 to a child to whom the qualified entity provides child

5 care, on the basis of a background check under sub6 section (a) until the provider has obtained a deter7 mination as to the validity of any challenge under

8 subparagraph (B) or waived the right to make such

9 challenge;

10 (G) that each State establish procedures to en11 sure that any background check under subsection

12 (a) and the results thereof shall be requested by and

13 provided only to—

14 (i) qualified entities identified by States;

15 (ii) authorized representatives of a quali16 fied entity who have a need to know such infor17 mation;

18 (iii) the providers;

19 (iv) law enforcement authorities; or

20 (v) pursuant to the direction of a court of

21 law;

22 (H) that background check information con23 veyed to a qualified entity pursuant to subsection (a)

24 shall not be conveyed to any person except as pro25 vided under subparagraph (G);
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1 (I) that an authorized agency shall not be liable

2 in an action at law for damages for failure to pre3 vent a qualified entity from taking action adverse to

4 a provider on the basis of a background check; and

5 (J) that a State employee or a political subdivi6 sion of a State or employee thereof responsible for

7 providing information to the national criminal back8 ground check system shall not be liable in an action

9 at law for damages for failure to prevent a qualified

10 entity from taking action adverse to a provider on

11 the basis of a background check.

12 (c) EQUIVALENT PROCEDURES.—(1) Notwithstand13 ing anything to the contrary in this section, the Attorney

14 General may certify that a State licensing or certification

15 procedure that differs from the procedures described in

16 subsections (a) and (b) shall be deemed to be the equiva17 lent of such procedures for purposes of this subtitle, but

18 the procedures described in subsections (a) and (b) shall

19 continue to apply to those qualified entities, providers, and

20 background check crimes that are not governed by or in21 cluded within the State licensing or certification proce22 dure.

23 (2) The Attorney General shall by regulation estab24 lish criteria for certifications under this subsection. Such

25 criteria shall include a finding by the Attorney General
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1 that the State licensing or certification procedure accom2 plishes the purposes of this subtitle and incorporates a na3 tionwide review of State and Federal records of back4 ground check offenses through the national criminal back5 ground check system.

6 (d) RECORDS EXCHANGE.—The Attorney General

7 may exchange Federal Bureau of Investigation identifica8 tion records with authorized agencies for purposes of back9 ground checks under subsection (a) and may by regulation

10 authorize further dissemination of such records by author11 ized agencies for such purposes.

12 (e) REGULATIONS.—(1) The Attorney General shall

13 by regulation prescribe such other measures as may be

14 required to carry out the purposes of this subtitle, includ15 ing measures relating to the security, confidentiality, accu16 racy, use, misuse, and dissemination of information, and

17 audits and recordkeeping.

18 (2) The Attorney General shall, to the maximum ex19 tent possible, encourage the use of the best technology

20 available in conducting background checks.

21 SEC. 886. FUNDING FOR IMPROVEMENT OF CHILD ABUSE

22 CRIME INFORMATION.

23 (a) USE OF FORMULA GRANTS FOR IMPROVEMENTS

24 IN STATE RECORDS AND SYSTEMS.—Section 509(b) of

25 title I of the Omnibus Crime Control and Safe Streets Act
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1 of 1968 (42 U.S.C. 3759(b)), as amended by section

2 524(a) of this Act, is amended—

3 (1) in paragraph (3) by striking ‘‘and’’ after

4 the semicolon;

5 (2) in paragraph (4) by striking the period and

6 inserting ‘‘; and’’; and

7 (3) by adding at the end the following new

8 paragraph:

9 ‘‘(5) the improvement of State record systems

10 and the sharing of all of the records described in

11 paragraphs (1), (2), and (3) of this subsection and

12 the records required by the Attorney General under

13 section 884 of the National Child Protection Act of

14 1993 with the Attorney General for the purpose of

15 implementing the National Child Protection Act of

16 1993.’’.

17 (b) ADDITIONAL FUNDING GRANTS FOR THE IM18 PROVEMENT OF CHILD ABUSE CRIME INFORMATION.—

19 (1) The Attorney General shall, subject to appropriations

20 and with preference to States that as of the date of enact21 ment of this Act have the lowest percent currency of case

22 dispositions in computerized criminal history files, make

23 a grant to each State to be used—

24 (A) for the computerization of criminal history

25 files for the purposes of this subtitle;
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1 (B) for the improvement of existing computer2 ized criminal history files for the purposes of this

3 subtitle;

4 (C) to improve accessibility to the national

5 criminal background check system for the purposes

6 of this subtitle; and

7 (D) to assist the State in the transmittal of

8 criminal records to, or the indexing of criminal his9 tory records in, the national criminal background

10 check system for the purposes of this subtitle.

11 (2) There are authorized to be appropriated for

12 grants under paragraph (1) a total of $20,000,000 for fis13 cal years 1994, 1995, and 1996.

14 (c) WITHHOLDING STATE FUNDS.—Effective 1 year

15 after the date of enactment of this Act, the Attorney Gen16 eral may reduce by up to 10 percent the allocation to a

17 State for a fiscal year under title I of the Omnibus Crime

18 Control and Safe Streets Act of 1968 of a State that is

19 not in compliance with the timetable established for that

20 State under section 884.
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1 Subtitle D—Jacob Wetterling

2 Crimes Against Children Reg3 istration Act

4 SEC. 891. SHORT TITLE.

5 This subtitle may be cited as the ‘‘Jacob Wetterling

6 Crimes Against Children Registration Act’’.

7 SEC. 892. ESTABLISHMENT OF PROGRAM.

8 (a) IN GENERAL.—

9 (1) STATE GUIDELINES.—The Attorney General

10 shall establish guidelines for State programs requir11 ing any person who is convicted of a criminal offense

12 against a victim who is a minor to register a current

13 address with a designated State law enforcement

14 agency for 10 years after release from prison, being

15 placed on parole, or being placed on supervised re16 lease.

17 (2) DEFINITION.—For purposes of this sub18 section, ‘‘criminal offense against a victim who is a

19 minor’’ includes—

20 (A) kidnapping of a minor, except by a

21 noncustodial parent;

22 (B) false imprisonment of a minor, except

23 by a noncustodial parent;

24 (C) criminal sexual conduct toward a

25 minor;
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1 (D) solicitation of minors to engage in sex2 ual conduct;

3 (E) use of minors in a sexual performance;

4 or

5 (F) solicitation of minors to practice pros6 titution.

7 (b) REGISTRATION REQUIREMENT UPON RELEASE,

8 PAROLE, OR SUPERVISED RELEASE.—An approved State

9 registration program established by this section shall con10 tain the following requirements:

11 (1) NOTIFICATION.—If a person who is re12 quired to register under this section is released from

13 prison, paroled, or placed on supervised release, a

14 State prison officer shall—

15 (A) inform the person of the duty to reg16 ister;

17 (B) inform the person that if the person

18 changes residence address, the person shall give

19 the new address to a designated State law en20 forcement agency in writing within 10 days;

21 (C) obtain fingerprints and a photograph

22 of the person if these have not already been ob23 tained in connection with the offense that trig24 gers registration; and
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1 (D) require the person to read and sign a

2 form stating that the duty of the person to reg3 ister under this section has been explained.

4 (2) TRANSFER OF INFORMATION TO STATE AND

5 THE FBI.—The officer shall, within 3 days after re6 ceipt of information described in paragraph (1), for7 ward it to a designated State law enforcement agen8 cy. The State law enforcement agency shall imme9 diately enter the information into the appropriate

10 State law enforcement record system and notify the

11 appropriate law enforcement agency having jurisdic12 tion where the person expects to reside. The State

13 law enforcement agency shall also immediately

14 transmit the conviction data and fingerprints to the

15 Identification Division of the Federal Bureau of In16 vestigation.

17 (3) ANNUAL VERIFICATION.—On each anniver18 sary of a person’s initial registration date during the

19 period in which the person is required to register

20 under this section, the designated State law enforce21 ment agency shall mail a nonforwardable verification

22 form to the last reported address of the person. The

23 person shall mail the verification form to the officer

24 within 10 days after receipt of the form. The ver25 ification form shall be signed by the person, and
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1 state that the person still resides at the address last

2 reported to the designated State law enforcement

3 agency. If the person fails to mail the verification

4 form to the designated State law enforcement agen5 cy within 10 days after receipt of the form, the per6 son shall be in violation of this section unless the

7 person proves that the person has not changed his

8 or her residence address.

9 (4) NOTIFICATION OF LOCAL LAW ENFORCE10 MENT AGENCIES OF CHANGES IN ADDRESS.—Any

11 change of address by a person required to register

12 under this section reported to the designated State

13 law enforcement agency shall immediately be re14 ported to the appropriate law enforcement agency

15 having jurisdiction where the person is residing.

16 (c) REGISTRATION FOR 10 YEARS.—A person re17 quired to register under this section shall continue to com18 ply with this section until 10 years have elapsed since the

19 person was released from imprisonment, or placed on pa20 role or supervised release.

21 (d) PENALTY.—A person required to register under

22 a State program established pursuant to this section who

23 knowingly fails to so register and keep such registration

24 current shall be subject to criminal penalties in such State.
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1 It is the sense of Congress that such penalties should in2 clude at least 6 months’ imprisonment.

3 (e) PRIVATE DATA.—The information provided under

4 this section is private data on individuals and may be used

5 for law enforcement purposes and confidential background

6 checks conducted with fingerprints for child care services

7 providers.

8 SEC. 893. STATE COMPLIANCE.

9 (a) COMPLIANCE DATE.—Each State shall have 3

10 years from the date of the enactment of this Act in which

11 to implement this subtitle.

12 (b) INELIGIBILITY FOR FUNDS.—The allocation of

13 funds under section 506 of title I of the Omnibus Crime

14 Control and Safe Streets Act of 1968 (42 U.S.C. 3756)

15 received by a State not complying with this subtitle 3

16 years after the date of enactment of this Act shall be re17 duced by 25 percent and the unallocated funds shall be

18 reallocated to the States in compliance with this section.

19 TITLE IX—EQUAL JUSTICE ACT

20 SEC. 901. SHORT TITLE.

21 This title may be cited as the ‘‘Equal Justice Act’’.
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1 SEC. 902. PROHIBITION OF RACIALLY DISCRIMINATORY

2 POLICIES CONCERNING CAPITAL PUNISH3 MENT OR OTHER PENALTIES.

4 (a) GENERAL RULE.—The penalty of death and all

5 other penalties shall be administered by the United States

6 and by every State without regard to the race or color

7 of the defendant or victim. Neither the United States nor

8 any State shall prescribe any racial quota or statistical

9 test for the imposition or execution of the death penalty

10 or any other penalty.

11 (b) DEFINITIONS.—For purposes of this title—

12 (1) the action of the United States or of a State

13 includes the action of any legislative, judicial, execu14 tive, administrative, or other agency or instrumental15 ity of the United States or a State, or of any politi16 cal subdivision of the United States or a State;

17 (2) the term ‘‘State’’ has the meaning stated in

18 section 513 of title 18, United States Code; and

19 (3) the term ‘‘racial quota or statistical test’’

20 includes any law, rule, presumption, goal, standard

21 for establishing a prima facie case, or mandatory or

22 permissive inference that—

23 (A) requires or authorizes the imposition

24 or execution of the death penalty or another

25 penalty so as to achieve a specified racial pro-
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1 portion relating to offenders, convicts, defend2 ants, arrestees, or victims; or

3 (B) requires or authorizes the invalidation

4 of, or bars the execution of, sentences of death

5 or other penalties based on the failure of a ju6 risdiction to achieve a specified racial propor7 tion relating to offenders, convicts, defendants,

8 arrestees, or victims in the imposition or execu9 tion of such sentences or penalties.

10 SEC. 903. GENERAL SAFEGUARDS AGAINST RACIAL PREJU11 DICE OR BIAS IN THE TRIBUNAL.

12 In a criminal trial in a court of the United States,

13 or of any State—

14 (1) on motion of the defense attorney or pros15 ecutor, the risk of racial prejudice or bias shall be

16 examined on voir dire if there is a substantial likeli17 hood in the circumstances of the case that such prej18 udice or bias will affect the jury either against or in

19 favor of the defendant;

20 (2) on motion of the defense attorney or pros21 ecutor, a change of venue shall be granted if an im22 partial jury cannot be obtained in the original venue

23 because of racial prejudice or bias; and
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1 (3) neither the prosecutor nor the defense at2 torney shall make any appeal to racial prejudice or

3 bias in statements before the jury.

4 SEC. 904. FEDERAL CAPITAL CASES.

5 (a) JURY INSTRUCTIONS AND CERTIFICATION.—In a

6 prosecution for an offense against the United States in

7 which a sentence of death is sought, and in which the cap8 ital sentencing determination is to be made by a jury, the

9 judge shall instruct the jury that it is not to be influenced

10 by prejudice or bias relating to the race or color of the

11 defendant or victim in considering whether a sentence of

12 death is justified, and that the jury is not to recommend

13 the imposition of a sentence of death unless it has con14 cluded that it would recommend the same sentence for

15 such a crime regardless of the race or color of the defend16 ant or victim. Upon the return of a recommendation of

17 a sentence of death, the jury shall also return a certificate,

18 signed by each juror, that the juror’s individual decision

19 was not affected by prejudice or bias relating to the race

20 or color of the defendant or victim, and that the individual

21 juror would have made the same recommendation regard22 less of the race or color of the defendant or victim.

23 (b) RACIALLY MOTIVATED KILLINGS.—In a prosecu24 tion for an offense against the United States for which

25 a sentence of death is authorized, the fact that the killing
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1 of the victim was motivated by racial prejudice or bias

2 shall be deemed an aggravating factor whose existence

3 permits consideration of the death penalty, in addition to

4 any other aggravating factors that may be specified by law

5 as permitting consideration of the death penalty.

6 SEC. 905. EXTENSION OF PROTECTION OF CIVIL RIGHTS

7 STATUTES.

8 (a) SECTION 241.—Section 241 of title 18, United

9 States Code, is amended by striking ‘‘inhabitant of’’ and

10 inserting ‘‘person in’’.

11 (b) SECTION 242.—Section 242 of title 18, United

12 States Code, is amended by striking ‘‘inhabitant of’’ and

13 inserting ‘‘person in’’, and by striking ‘‘such inhabitant’’

14 and inserting ‘‘such person’’.

15 TITLE X—FUNDING, GRANT

16 PROGRAMS, AND STUDIES

17 Subtitle A—Safer Streets and

18 Neighborhoods

19 SEC. 1001. SHORT TITLE.

20 This subtitle may be cited as the ‘‘Law Enforcement

21 Enhancement Act of 1993’’.
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1 SEC. 1002. GRANTS TO STATE AND LOCAL AGENCIES FOR

2 THE HIRING OF LAW ENFORCEMENT PER3 SONNEL.

4 (a) AUTHORIZATION OF APPROPRIATIONS.—Section

5 1001(a)(5) of part J of title I of the Omnibus Crime Con6 trol and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(5))

7 is amended to read as follows:

8 ‘‘(5) There are authorized to be appropriated

9 $1,000,000,000 for fiscal year 1994 and such sums as are

10 necessary in fiscal years 1995 and 1996 to carry out the

11 programs under parts D and E. Sums appropriated for

12 fiscal years 1994, 1995, and 1996 that are in excess of

13 sums appropriated for fiscal year 1993 shall be used pri14 marily for the purposes of section 501(b)(22).’’.

15 (b) HIRING OF ADDITIONAL CAREER LAW ENFORCE16 MENT OFFICERS.—Section 501(b) of title I of the Omni17 bus Crime Control and Safe Streets Act of 1968 (42

18 U.S.C. 3751(b)) is amended—

19 (1) by striking ‘‘and’’ at the end of paragraph

20 (20);

21 (2) by striking the period at the end of para22 graph (21) and inserting ‘‘; and’’; and

23 (3) by adding at the end the following new

24 paragraph:

25 ‘‘(22) hiring additional career law enforcement

26 officers.’’.
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1 SEC. 1003. CONTINUATION OF FEDERAL-STATE FUNDING

2 FORMULA.

3 Section 504(a)(1) of part E of title I of the Omnibus

4 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

5 3754(a)(1)) is amended by striking ‘‘1991’’ and inserting

6 ‘‘1994’’.

7 SEC. 1004. EQUITY IN FUNDING.

8 Section 506(a)(1) of title I of the Omnibus Crime

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

10 3756(a)(6)) is amended by striking ‘‘0.25’’ and inserting

11 ‘‘0.5’’.

12 Subtitle B—Retired Public Safety

13 Officer Death Benefit

14 SEC. 1011. RETIRED PUBLIC SAFETY OFFICER DEATH

15 BENEFIT.

16 (a) PAYMENTS.—Section 1201 of title I of the Omni17 bus Crime Control and Safe Streets Act of 1968 (42

18 U.S.C. 3796) is amended—

19 (1) in subsection (a) by inserting ‘‘or a retired

20 public safety officer has died as the direct and proxi21 mate result of a personal injury sustained while re22 sponding to a fire, rescue, or police emergency’’ after

23 ‘‘line of duty’’;

24 (2) in subsection (b) by inserting ‘‘or a retired

25 public safety officer has become permanently and to26 tally disabled as the direct result of a catastrophic
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1 injury sustained while responding to a fire, rescue,

2 or police emergency’’ after ‘‘line of duty’’; and

3 (3) in subsections (c), (i), and (j) by inserting

4 ‘‘or a retired public safety officer’’ after ‘‘public

5 safety officer’’ each place it appears.

6 (b) LIMITATIONS.—Section 1202 of title I of the Om7 nibus Crime Control and Safe Streets Act of 1968 (42

8 U.S.C. 3796a) is amended—

9 (1) in paragraph (1) by striking ‘‘the public

10 safety officer or by such officer’s intention’’ and in11 serting ‘‘the public safety officer or the retired pub12 lic safety officer who had the intention’’;

13 (2) in paragraph (2) by striking ‘‘the public

14 safety officer’’ and inserting ‘‘the public safety offi15 cer or the retired public safety officer’’; and

16 (3) in paragraph (3) by striking ‘‘the public

17 safety officer’’ and inserting ‘‘the public safety offi18 cer or the retired public safety officer’’.

19 (c) NATIONAL PROGRAM.—Section 1203 of title I of

20 the Omnibus Crime Control and Safe Streets Act of 1968

21 (42 U.S.C. 3796a–1) is amended by inserting before the

22 period ‘‘or retired public safety officers who have died

23 while responding to a fire, rescue, or police emergency’’.
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1 (d) DEFINITIONS.—Section 1204 of title I of the Om2 nibus Crime Control and Safe Streets Act of 1968 (42

3 U.S.C. 3796b) is amended—

4 (1) by striking ‘‘and’’ after paragraph (6);

5 (2) by inserting ‘‘; and’’ at the end of para6 graph (7); and

7 (3) by adding at the end the following new

8 paragraph:

9 ‘‘(8) ‘retired public safety officer’ means a

10 former public safety officer who has served a suffi11 cient period of time in such capacity to become vest12 ed in the retirement system of a public agency with

13 which the officer was employed and who retired from

14 such agency in good standing.’’.

15 (e) EFFECTIVE DATE.—The amendments made by

16 this section shall apply with respect to death or injuries

17 occurring after the date of enactment of this Act.

18 (f) IRWIN RUTMAN PROGRAM.—Part L of title I of

19 the Omnibus Crime Control and Safe Streets Act of 1968

20 (42 U.S.C. 3796 et seq.) is amended by inserting before

21 section 1201 the following new section:

22 ‘‘NAME OF PROGRAM

23 ‘‘SEC. 1200. The program established under this part

24 shall be known as the ‘Irwin Rutman Retired Safety Offi25 cer’s Benefit Program’.’’.
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1 Subtitle C—Study on Police

2 Officers’ Rights

3 SEC. 1021. STUDY ON POLICE OFFICERS’ RIGHTS.

4 The Attorney General, through the National Institute

5 of Justice, shall conduct a study of the procedures followed

6 in internal, noncriminal investigations of State and local

7 law enforcement officers to determine if such investiga8 tions are conducted fairly and effectively. The study shall

9 examine the adequacy of the rights available to law en10 forcement officers and members of the public in cases in11 volving the performance of a law enforcement officer, in12 cluding—

13 (1) notice;

14 (2) conduct of questioning;

15 (3) counsel;

16 (4) hearings;

17 (5) appeal; and

18 (6) sanctions.

19 Not later than 1 year after the date of enactment of this

20 Act, the Attorney General shall submit to the Congress

21 a report on the results of the study, along with findings

22 and recommendations on strategies to guarantee fair and

23 effective internal affairs investigations.
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1 Subtitle D—Cop-on-the-Beat Grants

2 SEC. 1031. SHORT TITLE.

3 This subtitle may be cited as ‘‘The Cop-on-the-Beat

4 Act of 1993’’.

5 SEC. 1032. COP-ON-THE-BEAT GRANTS.

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

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

8 et seq.), as amended by section 633(a), is amended—

9 (1) by redesignating part Q as part R;

10 (2) by redesignating section 1701 as section

11 1801; and

12 (3) by inserting after part P the following new

13 part:

14 ‘‘PART R—COP-ON-THE-BEAT GRANTS

15 ‘‘SEC. 1701. GRANT AUTHORIZATION.

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

17 of Justice Assistance may make grants to units of local

18 government and to community groups to establish or ex19 pand cooperative efforts between police and a community

20 for the purposes of increasing police presence in the

21 community, including—

22 ‘‘(1) developing innovative neighborhood-ori23 ented policing programs;
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1 ‘‘(2) providing new technologies to reduce the

2 amount of time officers spend processing cases in3 stead of patrolling the community;

4 ‘‘(3) purchasing equipment to improve commu5 nications between officers and the community and to

6 improve the collection, analysis, and use of informa7 tion about crime-related community problems;

8 ‘‘(4) developing policies that reorient police em9 phasis from reacting to crime to preventing crime;

10 ‘‘(5) creating decentralized police substations

11 throughout the community to encourage interaction

12 and cooperation between the public and law enforce13 ment personnel on a local level;

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

15 community crime problems;

16 ‘‘(7) providing training in cultural differences

17 for law enforcement officials;

18 ‘‘(8) developing community-based crime preven19 tion programs, such as safety programs for senior

20 citizens, community anticrime groups, and other

21 anticrime awareness programs;

22 ‘‘(9) developing crime prevention programs in

23 communities that have experienced a recent increase

24 in gang-related violence; and
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1 ‘‘(10) developing projects following the model

2 under subsection (b).

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

4 a written model that informs community members regard5 ing—

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

7 gang house;

8 ‘‘(2) what civil remedies, such as public nui9 sance violations and civil suits in small claims court,

10 are available; and

11 ‘‘(3) what mediation techniques are available

12 between community members and individuals who

13 have established a drug or gang house in the

14 community.

15 ‘‘SEC. 1702. APPLICATION.

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

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

18 government, a duly authorized representative of a com19 bination of local governments within a geographic region,

20 or a community group shall submit an application to the

21 Director in such form and containing such information as

22 the Director may reasonably require.

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

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

25 designated as responsible for the coordination, implemen-
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1 tation, administration, accounting, and evaluation of serv2 ices described in the application.

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

4 subsection (a) shall include—

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

6 part for the purposes described in section 1701;

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

8 to be served by the grant; and

9 ‘‘(3) assurances that Federal funds received

10 under this part shall be used to supplement, not

11 supplant, non-Federal funds that would otherwise be

12 available for activities funded under this part.

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

14 include a comprehensive plan that contains—

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

16 the areas targeted for assistance;

17 ‘‘(2) a description of the projects to be

18 developed;

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

20 the community to implement the plan together with

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

22 filled with existing resources;

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

24 shall be used to fill those gaps;
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1 ‘‘(5) a description of the system the applicant

2 shall establish to prevent and reduce crime problems;

3 and

4 ‘‘(6) an evaluation component, including per5 formance standards and quantifiable goals the appli6 cant shall use to determine project progress, and the

7 data the applicant shall collect to measure progress

8 toward meeting project goals.

9 ‘‘SEC. 1703. ALLOCATION OF FUNDS; LIMITATIONS ON

10 GRANTS.

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

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

13 to units of local government or combinations of such units

14 and not more than 20 percent of the funds available under

15 this part to community groups.

16 ‘‘(b) ADMINISTRATIVE COST LIMITATION.—The Di17 rector shall use not more than 5 percent of the funds avail18 able under this part for the purposes of administration,

19 technical assistance, and evaluation.

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

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

22 fiscal year during which the recipient receives its initial

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

24 determines that the funds made available to the recipient

25 during the previous year were used in a manner required
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1 under the approved application and if the recipient can

2 demonstrate significant progress toward achieving the

3 goals of the plan required under section 1702(c).

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

5 grant made under this part may not exceed 75 percent

6 of the total costs of the projects described in the applica7 tion submitted under section 1702 for the fiscal year for

8 which the projects receive assistance under this part.

9 ‘‘SEC. 1704. AWARD OF GRANTS.

10 ‘‘(a) SELECTION OF RECIPIENTS.—The Director

11 shall consider the following factors in awarding grants to

12 units of local government or combinations of such units

13 under this part:

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

15 and evidence of the ability to provide the services de16 scribed in the plan required under section 1702(c).

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

18 of the ability to coordinate community-wide response

19 to crime.

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

21 maintain a program to control and prevent crime

22 after funding under this part is no longer available.

23 ‘‘(b) GEOGRAPHIC DISTRIBUTION.—The Director

24 shall attempt to achieve, to the extent practicable, an equi25 table geographic distribution of grant awards.
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1 ‘‘SEC. 1705. REPORTS.

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

3 funds under this part shall submit to the Director not

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

5 progress achieved in carrying out the plan required under

6 section 1702(c).

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

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

9 containing—

10 ‘‘(1) a detailed statement regarding grant

11 awards and activities of grant recipients; and

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

13 this part.

14 ‘‘SEC. 1706. DEFINITIONS.

15 ‘‘For the purposes of this part:

16 ‘‘(1) The term ‘community group’ means a

17 community-based nonprofit organization that has a

18 primary purpose of crime prevention.

19 ‘‘(2) The term ‘Director’ means the Director of

20 the Bureau of Justice Assistance.’’.

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

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

23 Act of 1968 (42 U.S.C. 3711 et seq.), as amended by sec24 tion 633(b), is amended by striking the matter relating

25 to part Q and inserting the following:

‘‘PART Q—COP-ON-THE-BEAT GRANTS
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‘‘Sec. 1701. Grant authorization.

‘‘Sec. 1702. Application.

‘‘Sec. 1703. Allocation of funds; limitation on grants.

‘‘Sec. 1704. Award of grants.

‘‘Sec. 1705. Reports.

‘‘Sec. 1706. Definitions.

‘‘PART R—TRANSITION; EFFECTIVE DATE; REPEALER

‘‘Sec. 1701. Continuation of rules, authorities, and proceedings.’’.

1 (c) AUTHORIZATION OF APPROPRIATIONS.—Section

2 1001(a) of title I of the Omnibus Crime Control and Safe

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

4 section 633(b), is amended—

5 (1) in paragraph (3) by striking ‘‘and P’’ and

6 inserting ‘‘P, and Q’’; and

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

8 paragraph:

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

10 $150,000,000 for each of fiscal years 1994, 1995, and

11 1996 to carry out projects under part Q.’’.

12 Subtitle E—National Commission

13 to Support Law Enforcement

14 SEC. 1041. SHORT TITLE.

15 This subtitle may be cited as the ‘‘National Commis16 sion to Support Law Enforcement Act.’’.

17 SEC. 1042. FINDINGS.

18 The Congress finds that—

19 (1) law enforcement officers risk their lives

20 daily to protect citizens, for modest rewards and too

21 little recognition;
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1 (2) a significant shift has occurred in the prob2 lems that law enforcement officers face without a

3 corresponding change in the support from the Fed4 eral Government;

5 (3) law enforcement officers are on the front

6 line in the war against drugs and crime;

7 (4) the rate of violent crime continues to in8 crease along with the increase in drug use;

9 (5) a large percentage of individuals arrested

10 test positive for drug usage;

11 (6) the Presidential Commission on Law En12 forcement and the Administration of Justice of 1965

13 focused attention on many issues affecting law en14 forcement, and a review 25 years later would help to

15 evaluate current problems, including drug-related

16 crime, violence, racial conflict, and decreased fund17 ing; and

18 (7) a comprehensive study of law enforcement

19 issues, including the role of the Federal Government

20 in supporting law enforcement officers, working con21 ditions, and responsibility for crime control would

22 assist in redefining the relationships between the

23 Federal Government, the public, and law enforce24 ment officials.
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1 SEC. 1043. ESTABLISHMENT OF COMMISSION.

2 There is established a national commission to be

3 known as the ‘‘National Commission to Support Law En4 forcement’’ (referred to in this subtitle as the ‘‘Commis5 sion’’).

6 SEC. 1044. DUTIES.

7 (a) IN GENERAL.—The Commission shall study and

8 recommend changes regarding law enforcement agencies

9 and law enforcement issues on the Federal, State, and

10 local levels, including the following:

11 (1) FUNDING.—The sufficiency of funding, in12 cluding a review of grant programs at the Federal

13 level.

14 (2) EMPLOYMENT.—The conditions of law en15 forcement employment.

16 (3) INFORMATION.—The effectiveness of infor17 mation-sharing systems, intelligence, infrastructure,

18 and procedures among law enforcement agencies of

19 Federal, State, and local governments.

20 (4) RESEARCH AND TRAINING.—The status of

21 law enforcement research and education and train22 ing.

23 (5) EQUIPMENT AND RESOURCES.—The ade24 quacy of equipment, physical resources, and human

25 resources.
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1 (6) COOPERATION.—The cooperation among

2 Federal, State, and local law enforcement agencies.

3 (7) RESPONSIBILITY.—The responsibility of

4 governments and law enforcement agencies in solv5 ing the crime problem.

6 (8) IMPACT.—The impact of the criminal jus7 tice system, including court schedules and prison

8 overcrowding, on law enforcement.

9 (b) CONSULTATION.—The Commission shall conduct

10 surveys and consult with focus groups of law enforcement

11 officers, local officials, and community leaders across the

12 Nation to obtain information and seek advice on important

13 law enforcement issues.

14 SEC. 1045. MEMBERSHIP.

15 (a) NUMBER AND APPOINTMENT.—The Commission

16 shall be composed of 23 members as follows:

17 (1) Seven individuals from among national law

18 enforcement officers, of whom—

19 (A) two shall be appointed by the Speaker

20 of the House of Representatives;

21 (B) two shall be appointed by the Majority

22 Leader of the Senate;

23 (C) one shall be appointed by the Minority

24 Leader of the House;
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1 (D) one shall be appointed by the Minority

2 Leader of the Senate; and

3 (E) one shall be appointed by the Presi4 dent.

5 (2) Seven individuals from national law enforce6 ment organizations representing law enforcement

7 management, of whom—

8 (A) two shall be appointed by the Speaker

9 of the House of Representatives;

10 (B) two shall be appointed by the Majority

11 Leader of the Senate;

12 (C) one shall be appointed by the Minority

13 Leader of the House;

14 (D) one shall be appointed by the Minority

15 Leader of the Senate; and

16 (E) one shall be appointed by the Presi17 dent.

18 (3) Two individuals with academic expertise re19 garding law enforcement issues, of whom—

20 (A) one shall be appointed by the Speaker

21 of the House of Representatives and the Major22 ity Leader of the Senate;

23 (B) one shall be appointed by the Minority

24 Leader of the Senate and the Minority Leader

25 of the House of Representatives;
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1 (4) two Members of the House of Representa2 tives, appointed by the Speaker and the Minority

3 Leader of the House of Representatives;

4 (5) two Members of the Senate, appointed by

5 the Majority Leader and the Minority Leader of the

6 Senate;

7 (6) one individual involved in Federal law en8 forcement from the Department of the Treasury, ap9 pointed by the President;

10 (7) one individual from the Department of Jus11 tice, appointed by the President; and

12 (8) The Comptroller General of the United

13 States, who shall serve as the chairperson of the

14 Commission.

15 (b) COMPENSATION.—

16 (1) IN GENERAL.—Members of the Commission

17 shall receive no additional pay, allowance, or benefit

18 by reason of service on the Commission.

19 (2) TRAVEL EXPENSES.—Each member of the

20 Commission shall receive travel expenses, including

21 per diem in lieu of subsistence, in accordance with

22 sections 5702 and 5703 of title 5, United States

23 Code.
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1 (c) APPOINTMENT DATES.—Members of the Com2 mission shall be appointed no later than 90 days after the

3 enactment of this title.

4 SEC. 1046. EXPERTS AND CONSULTANTS.

5 (a) EXPERTS AND CONSULTANTS.—The Commission

6 may procure temporary and intermittent services under

7 section 3109(b) of title 5, United States Code.

8 (b) STAFF OF FEDERAL AGENCIES.—Upon request

9 of the Commission, the head of any Federal agency is au10 thorized to detail, on a reimbursable basis, any of the per11 sonnel of that agency to the Commission to assist the

12 Commission in carrying out its duties under this subtitle.

13 (c) ADMINISTRATIVE SUPPORT.—The Administrator

14 of General Services shall provide to the Commission, on

15 a reimbursable basis, administrative support services as

16 the Commission may request.

17 SEC. 1047. POWERS OF COMMISSION.

18 (a) HEARINGS.—The Commission may, for purposes

19 of this subtitle, hold hearings, sit and act at the time and

20 places, take testimony, and receive evidence, as the Com21 mission considers appropriate.

22 (b) DELEGATION OF AUTHORITY.—Any member or

23 agent of the Commission may, if authorized by the Com24 mission, take any action that the Commission is author25 ized to take by this section.
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1 (c) INFORMATION.—The Commission may secure di2 rectly from any Federal agency information necessary to

3 enable it to carry out this subtitle. Upon request of the

4 chairperson of the Commission, the head of an agency

5 shall furnish the information to the Commission to the

6 extent permitted by law.

7 (d) GIFTS AND DONATIONS.—The Commission may

8 accept, use, and dispose of gifts or donations of services

9 or property.

10 (e) MAILS.—The Commission may use the United

11 States mails in the same manner and under the same con12 ditions as other Federal agencies.

13 SEC. 1048. REPORT.

14 Not later than the expiration of the 18-month period

15 beginning on the date of the appointment of the members

16 of the Commission, a report containing the findings of the

17 Commission and specific proposals for legislation and ad18 ministrative actions that the Commission has determined

19 to be appropriate shall be submitted to Congress.

20 SEC. 1049. TERMINATION.

21 The Commission shall cease to exist upon the expira22 tion of the 60-day period beginning on the date on which

23 the Commission submits its report under section 1048.
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1 SEC. 1050. REPEALS.

2 Title XXXIV of the Crime Control Act of 1990 (42

3 U.S.C. 3721 note) and section 211(B) of the Departments

4 of Commerce, Justice, and State, the Judiciary, and Re5 lated Agencies Appropriations Act, 1991 (42 U.S.C. 3721

6 note; 104 Stat. 2122) are repealed.

7 Subtitle F—Other Provisions

8 SEC. 1062. LAW ENFORCEMENT FAMILY SUPPORT.

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

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

11 et seq.), as amended by section 1032(a), is amended—

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

13 (2) by redesignating section 1801 as 1901; and

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

15 part:

16 ‘‘PART R—FAMILY SUPPORT

17 ‘‘SEC. 1801. DUTIES OF DIRECTOR.

18 ‘‘The Director shall—

19 ‘‘(1) establish guidelines and oversee the imple20 mentation of family-friendly policies within law en21 forcement-related offices and divisions in the De22 partment of Justice;

23 ‘‘(2) study the effects of stress on law enforce24 ment personnel and family well-being and dissemi25 nate the findings of such studies to Federal, State,
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1 and local law enforcement agencies, related organi2 zations, and other interested parties;

3 ‘‘(3) identify and evaluate model programs that

4 provide support services to law enforcement person5 nel and families;

6 ‘‘(4) provide technical assistance and training

7 programs to develop stress reduction and family sup8 port to State and local law enforcement agencies;

9 ‘‘(5) collect and disseminate information re10 garding family support, stress reduction, and psy11 chological services to Federal, State, and local law

12 enforcement agencies, law enforcement-related orga13 nizations, and other interested entities; and

14 ‘‘(6) determine issues to be researched by the

15 Bureau and by grant recipients.

16 ‘‘SEC. 1802. GENERAL AUTHORIZATION.

17 ‘‘The Director is authorized to make grants to States

18 and local law enforcement agencies to provide family sup19 port services to law enforcement personnel.

20 ‘‘SEC. 1803. USES OF FUNDS.

21 ‘‘(a) IN GENERAL.—A State or local law enforcement

22 agency that receives a grant under this part shall use

23 amounts provided under the grant to establish or improve

24 training and support programs for law enforcement

25 personnel.
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1 ‘‘(b) REQUIRED ACTIVITIES.—A law enforcement

2 agency that receives funds under this part shall provide

3 at least one of the following services:

4 ‘‘(1) Counseling for law enforcement family

5 members.

6 ‘‘(2) Child care on a 24-hour basis.

7 ‘‘(3) Marital and adolescent support groups.

8 ‘‘(4) Stress reduction programs.

9 ‘‘(5) Stress education for law enforcement re10 cruits and families.

11 ‘‘(c) OPTIONAL ACTIVITIES.—A law enforcement

12 agency that receives funds under this part may provide

13 the following services:

14 ‘‘(1) Post-shooting debriefing for officers and

15 their spouses.

16 ‘‘(2) Group therapy.

17 ‘‘(3) Hypertension clinics.

18 ‘‘(4) Critical incident response on a 24-hour

19 basis.

20 ‘‘(5) Law enforcement family crisis telephone

21 services on a 24-hour basis.

22 ‘‘(6) Counseling for law enforcement personnel

23 exposed to the human immunodeficiency virus.

24 ‘‘(7) Counseling for peers.
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1 ‘‘(8) Counseling for families of personnel killed

2 in the line of duty.

3 ‘‘(9) Seminars regarding alcohol, drug use,

4 gambling, and overeating.

5 ‘‘SEC. 1804. APPLICATIONS.

6 ‘‘A law enforcement agency desiring to receive a

7 grant under this part shall submit to the Director an ap8 plication at such time, in such manner, and containing or

9 accompanied by such information as the Director may rea10 sonably require. Such application shall—

11 ‘‘(1) certify that the law enforcement agency

12 shall match all Federal funds with an equal amount

13 of cash or in-kind goods or services from other non14 Federal sources;

15 ‘‘(2) include a statement from the highest rank16 ing law enforcement official from the State or local17 ity applying for the grant that attests to the need

18 and intended use of services to be provided with

19 grant funds; and

20 ‘‘(3) assure that the Director or the Comptrol21 ler General of the United States shall have access to

22 all records related to the receipt and use of grant

23 funds received under this part.
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1 ‘‘SEC. 1805. AWARD OF GRANTS; LIMITATION.

2 ‘‘(a) GRANT DISTRIBUTION.—In approving grants

3 under this part, the Director shall assure an equitable dis4 tribution of assistance among the States, among urban

5 and rural areas of the United States, and among urban

6 and rural areas of a State.

7 ‘‘(b) DURATION.—The Director may award a grant

8 each fiscal year, not to exceed $100,000 to a State or local

9 law enforcement agency for a period not to exceed 5 years.

10 In any application from a State or local law enforcement

11 agency for a grant to continue a program for the second,

12 third, fourth, or fifth fiscal year following the first fiscal

13 year in which a grant was awarded to such agency, the

14 Director shall review the progress made toward meeting

15 the objectives of the program. The Director may refuse

16 to award a grant if the Director finds sufficient progress

17 has not been made toward meeting such objectives, but

18 only after affording the applicant notice and an oppor19 tunity for reconsideration.

20 ‘‘(c) LIMITATION.—Not more than 10 percent of

21 grant funds received by a State or a local law enforcement

22 agency may be used for administrative purposes.

23 ‘‘SEC. 1806. DISCRETIONARY RESEARCH GRANTS.

24 ‘‘The Director may reserve 10 percent of funds to

25 award research grants to a State or local law enforcement
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1 agency to study issues of importance in the law enforce2 ment field as determined by the Director.

3 ‘‘SEC. 1807. REPORTS.

4 ‘‘(a) REPORT FROM GRANT RECIPIENTS.—A State

5 or local law enforcement agency that receives a grant

6 under this part shall submit to the Director an annual

7 report that includes—

8 ‘‘(1) program descriptions;

9 ‘‘(2) the number of staff employed to admin10 ister programs;

11 ‘‘(3) the number of individuals who participated

12 in programs; and

13 ‘‘(4) an evaluation of the effectiveness of grant

14 programs.

15 ‘‘(b) REPORT FROM DIRECTOR.—(1) The Director

16 shall submit to the Congress a report not later than March

17 31 of each fiscal year.

18 ‘‘(2) A report under paragraph (1) shall contain—

19 ‘‘(A) a description of the types of projects de20 veloped or improved through funds received under

21 this part;

22 ‘‘(B) a description of exemplary projects and

23 activities developed;
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1 ‘‘(C) a designation of the family relationship to

2 the law enforcement personnel of individuals served;

3 and

4 ‘‘(D) a statement of the number of individuals

5 served in each location and throughout the country.

6 ‘‘SEC. 1808. DEFINITIONS.

7 ‘‘For purposes of this part—

8 ‘‘(1) the term ‘family-friendly policy’ means a

9 policy to promote or improve the morale and well

10 being of law enforcement personnel and their fami11 lies; and

12 ‘‘(2) the term ‘law enforcement personnel’

13 means individuals employed by Federal, State, and

14 local law enforcement agencies.’’.

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

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

17 Act of 1968 (42 U.S.C. 3711 et seq.), as amended by sec18 tion 1032(b), is amended by striking the matter relating

19 to part S and inserting the following:

‘‘PART R—FAMILY SUPPORT

‘‘Sec. 1801. Duties of director.

‘‘Sec. 1802. General authorization.

‘‘Sec. 1803. Uses of funds.

‘‘Sec. 1804. Applications.

‘‘Sec. 1805. Award of grants; limitation.

‘‘Sec. 1806. Discretionary research grants.

‘‘Sec. 1807. Reports.

‘‘Sec. 1808. Definitions.

‘‘PART S—TRANSITION; EFFECTIVE DATE; REPEALS

‘‘Sec. 1901. Continuation of rules, authorities, and privileges.’’.
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1 (c) AUTHORIZATION OF APPROPRIATIONS.—Section

2 1001(a) of the Omnibus Crime Control and Safe Streets

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

4 1032(c), is amended—

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

6 inserting ‘‘Q, and R’’; and

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

8 paragraph:

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

10 $5,000,000 for each of the fiscal years 1994, 1995, 1996,

11 1997, and 1998 to carry out part R, of which not more

12 than 20 percent may be used to accomplish the duties of

13 the Director under section 1801, including administrative

14 costs, research, and training programs.’’.

15 SEC. 1063. NOTICE OF RELEASE OF PRISONERS.

16 Section 4042 of title 18, United States Code, is

17 amended—

18 (1) by striking ‘‘The Bureau’’ and inserting

19 ‘‘(a) IN GENERAL.—The Bureau’’;

20 (2) by striking ‘‘This section’’ and inserting

21 ‘‘(c) APPLICATION OF SECTION.—This section’’;

22 (3) in paragraph (4) of subsection (a), as des23 ignated by paragraph (1)—

24 (A) by striking ‘‘Provide’’ and inserting

25 ‘‘provide’’; and
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1 (B) by striking the period at the end and

2 inserting ‘‘; and’’;

3 (4) by inserting after paragraph (4) of sub4 section (a), as designated by paragraph (1), the fol5 lowing new paragraph:

6 ‘‘(5) provide notice of release of prisoners in ac7 cordance with subsection (b).’’; and

8 (5) by inserting after subsection (a), as des9 ignated by paragraph (1), the following new sub10 section:

11 ‘‘(b) NOTICE OF RELEASE OF PRISONERS.—(1) Ex12 cept in the case of a prisoner being protected under chap13 ter 224, the Bureau of Prisons shall, at least 5 days prior

14 to the date on which a prisoner described in paragraph

15 (3) is to be released on supervised release, or, in the case

16 of a prisoner on supervised release, at least 5 days prior

17 to the date on which the prisoner changes residence to

18 a new jurisdiction, cause written notice of the release or

19 change of residence to be made to the chief law enforce20 ment officer of the State and of the local jurisdiction in

21 which the prisoner will reside.

22 ‘‘(2) A notice under paragraph (1) shall disclose—

23 ‘‘(A) the prisoner’s name;
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1 ‘‘(B) the prisoner’s criminal history, including a

2 description of the offense of which the prisoner was

3 convicted; and

4 ‘‘(C) any restrictions on conduct or other condi5 tions to the release of the prisoner that are imposed

6 by law, the sentencing court, or the Bureau of Pris7 ons or any other Federal agency.

8 ‘‘(3) A prisoner is described in this paragraph if the

9 prisoner was convicted of—

10 ‘‘(A) a drug trafficking crime (as defined in

11 section 924(c)(2)); or

12 ‘‘(B) a crime of violence (as defined in section

13 924(c)(3)).

14 ‘‘(4) The notice provided under this section shall be

15 used solely for law enforcement purposes.’’.

16 (b) APPLICATION TO PRISONERS TO WHICH PRIOR

17 LAW APPLIES.—In the case of a prisoner convicted of an

18 offense committed prior to November 1, 1987, the ref19 erence to supervised release in section 4042(b) of title 18,

20 United States Code, shall be deemed to be a reference to

21 probation or parole.
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1 TITLE XI—ILLEGAL DRUGS

2 Subtitle A—Drug Testing

3 SEC. 1101. DRUG TESTING OF FEDERAL OFFENDERS ON

4 POST-CONVICTION RELEASE.

5 (a) DRUG TESTING PROGRAM.—(1) Chapter 229 of

6 title 18, United States Code, is amended by adding at the

7 end the following new section:

8 ‘‘§ 3608. Drug testing of Federal offenders on post9 conviction release

10 ‘‘The Director of the Administrative Office of the

11 United States Courts, in consultation with the Attorney

12 General and the Secretary of Health and Human Services,

13 shall, as soon as is practicable after the effective date of

14 this section, establish a program of drug testing of Federal

15 offenders on post-conviction release. The program shall in16 clude such standards and guidelines as the Director may

17 determine necessary to ensure the reliability and accuracy

18 of the drug testing programs. In each district where it is

19 feasible to do so, the chief probation officer shall arrange

20 for the drug testing of defendants on post-conviction re21 lease pursuant to a conviction for a felony or other offense

22 described in section 3563(a)(4).’’.

23 (2) The chapter analysis for chapter 229 of title 18,

24 United States Code, is amended by adding at the end the

25 following new item:
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‘‘3608. Drug testing of Federal offenders on post-conviction release.’’.

1 (b) DRUG TESTING CONDITION FOR PROBATION.—

2 (1) CONDITIONS OF PROBATION.—Section

3 3563(a) of title 18, United States Code, is amend4 ed—

5 (A) in paragraph (2) by striking ‘‘and’’;

6 (B) in paragraph (3) by striking the period

7 and inserting ‘‘; and’’; and

8 (C) by inserting after paragraph (3) the

9 following new paragraph:

10 ‘‘(4) for a felony, an offense involving a firearm

11 as defined in section 921 of this title, a drug or nar12 cotic offense as defined in section 404(c) of the Con13 trolled Substances Act (21 U.S.C. 844(c)), or a

14 crime of violence as defined in section 16 of this

15 title, that the defendant refrain from any unlawful

16 use of the controlled substance and submit to peri17 odic drug tests (as determined by the court) for use

18 of a controlled substance. This latter condition may

19 be suspended or ameliorated upon request of the Di20 rector of the Administrative Office of the United

21 States Courts, or the Director’s designee. In addi22 tion, the Court may decline to impose this condition

23 for any individual defendant, if the defendant’s

24 presentence report or other reliable sentencing infor25 mation indicates a low risk of future substance
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1 abuse by the defendant. A defendant who tests posi2 tive may be detained pending verification of a drug

3 test result.’’.

4 (2) DRUG TESTING FOR SUPERVISED RE5 LEASE.—Section 3583(d) of title 18, United States

6 Code, is amended by inserting after the first sen7 tence the following: ‘‘For a defendant convicted of a

8 felony or other offense described in section

9 3563(a)(4), the court shall also order, as an explicit

10 condition of supervised release, that the defendant

11 refrain from any unlawful use of a controlled sub12 stance and submit to periodic drug tests (as deter13 mined by the court), for use of a controlled sub14 stance. This latter condition may be suspended or

15 ameliorated as provided in section 3563(a)(4).’’.

16 (3) DRUG TESTING IN CONNECTION WITH PA17 ROLE.—Section 4209(a) of title 18, United States

18 Code, is amended by inserting after the first sen19 tence the following: ‘‘If the parolee has been con20 victed of a felony or other offense described in sec21 tion 3563(a)(4), the Commission shall also impose

22 as a condition of parole that the parolee refrain from

23 any unlawful use of a controlled substance and sub24 mit to periodic drug tests (as determined by the

25 Commission) for use of a controlled substance. This
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1 latter condition may be suspended or ameliorated as

2 provided in section 3563(a)(4).’’.

3 (c) REVOCATION OF PAROLE.—Section 4214(f) of

4 title 18, United States Code, is amended by inserting after

5 ‘‘substance’’ the following: ‘‘, or who unlawfully uses a

6 controlled substance or refuses to cooperate in drug test7 ing imposed as a condition of parole,’’.

8 Subtitle B—Precursor Chemicals

9 SEC. 1121. SHORT TITLE.

10 This subtitle may be cited as ‘‘The Chemical Control

11 and Environmental Responsibility Act of 1993’’.

12 SEC. 1122. DEFINITION AMENDMENTS.

13 (a) REFERENCES TO LISTED CHEMICALS IN SEC14 TION 102.—Section 102 of the Controlled Substances Act

15 (21 U.S.C. 802) is amended—

16 (1) in paragraph (33) by striking ‘‘any listed

17 precursor chemical or listed essential chemical’’ and

18 inserting ‘‘any list I chemical or any list II chemi19 cal’’;

20 (2) in paragraph (34) by striking ‘‘listed pre21 cursor chemical’’ and inserting ‘‘list I chemical’’ and

22 by striking ‘‘critical to the creation’’ and inserting

23 ‘‘important to the manufacture’’;

24 (3) in paragraph (35) by striking ‘‘listed essen25 tial chemical’’ and inserting ‘‘list II chemical’’ and
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1 by striking ‘‘that is used as a solvent, reagent or

2 catalyst’’ and inserting ‘‘, which is not a list I chem3 ical, that is used’’; and

4 (4) in paragraph (40) by striking the phrase

5 ‘‘listed precursor chemical or a listed essential chem6 ical’’ and inserting ‘‘list I chemical or a list II chem7 ical’’ both places it appears.

8 (b) REFERENCES TO LISTED CHEMICALS IN SEC9 TION 310.—Section 310 of the Controlled Substances Act

10 (21 U.S.C. 830) is amended—

11 (1) in subsection (a)(1)(A) by striking ‘‘precur12 sor chemical’’ and inserting ‘‘list I chemical’’;

13 (2) in subsection (a)(1)(B) by striking ‘‘an es14 sential chemical’’ and inserting ‘‘a list II chemical’’;

15 and

16 (3) in subsection (c)(2)(D) by striking ‘‘precur17 sor chemical’’ and inserting ‘‘chemical control’’.

18 (c) OTHER AMENDMENTS TO SECTION 102.—Section

19 102 of the Controlled Substances Act (21 U.S.C. 802) is

20 amended—

21 (1) in paragraph (34) by inserting ‘‘, its

22 esters,’’ before ‘‘and’’ in subparagraphs (A), (F),

23 and (H);

24 (2) in paragraph (38) by striking the period

25 and inserting ‘‘or who acts as a broker or trader for
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1 an international transaction involving a listed chemi2 cal, a tableting machine, or an encapsulating

3 machine’’;

4 (3) in paragraph (39)(A) by striking ‘‘or expor5 tation’’ and inserting ‘‘, exportation or any inter6 national transaction which does not involve the im7 portation or exportation of a listed chemical into or

8 out of the United States if a broker or trader lo9 cated in the United States participates in the trans10 action,’’;

11 (4) in paragraph (39)(A)(iii) by inserting ‘‘or

12 any category of transaction for a specific listed

13 chemical or chemicals’’ after ‘‘transaction’’;

14 (5) in paragraph (39)(A)(iv) by striking the

15 semicolon and inserting ‘‘unless the listed chemical

16 is ephedrine as defined in paragraph (34)(C) of this

17 section or any other listed chemical which the Attor18 ney General may by regulation designate as not sub19 ject to this exemption after finding that such action

20 would serve the regulatory purposes of this chapter

21 in order to prevent diversion and the total quantity

22 of the ephedrine or other listed chemical designated

23 pursuant to this paragraph included in the trans24 action equals or exceeds the threshold established for

25 that chemical by the Attorney General;’’;
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1 (6) in paragraph (39)(A)(v) by striking the

2 semicolon and inserting ‘‘which the Attorney General

3 has by regulation designated as exempt from the ap4 plication of this chapter based on a finding that the

5 mixture is formulated in such a way that it cannot

6 be easily used in the illicit production of a controlled

7 substance and that the listed chemical or chemicals

8 contained in the mixture cannot be readily recov9 ered;’’; and

10 (7) by adding at the end the following new

11 paragraph:

12 ‘‘(42) The terms ‘broker’ and ‘trader’ mean a person

13 who assists in arranging an international transaction in

14 a listed chemical by negotiating contracts, serving as an

15 agent or intermediary, or bringing together a buyer and

16 a seller, or a buyer or seller and a transporter.’’.

17 SEC. 1123. REGISTRATION REQUIREMENT.

18 (a) RULES AND REGULATIONS.—Section 301 of the

19 Controlled Substances Act (21 U.S.C. 821) is amended

20 by striking the period and inserting ‘‘and to the registra21 tion and control of regulated persons and of regulated

22 transactions.’’.

23 (b) PERSONS REQUIRED TO REGISTER.—Section

24 302 of the Controlled Substances Act (21 U.S.C. 822) is

25 amended—
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1 (1) in subsection (a)(1) by inserting ‘‘or list I

2 chemical’’ after ‘‘controlled substance’’ each place it

3 appears;

4 (2) in subsection (b) by inserting ‘‘or list I

5 chemicals’’ after ‘‘controlled substances’’ and by in6 serting ‘‘or chemicals’’ after ‘‘such substances’’;

7 (3) in subsection (c) by inserting ‘‘or list I

8 chemicals’’ after ‘‘controlled substance’’ each place it

9 appears; and

10 (4) in subsection (e) by inserting ‘‘or list I

11 chemicals’’ after ‘‘controlled substances’’.

12 (c) REGISTRATION REQUIREMENTS IN CONTROLLED

13 SUBSTANCES ACT.—Section 303 of the Controlled Sub14 stances Act (21 U.S.C. 823) is amended by adding at the

15 end the following new subsection:

16 ‘‘(h) The Attorney General shall register an applicant

17 to distribute a list I chemical unless the Attorney General

18 determines that the registration would be inconsistent

19 with the public interest. In determining the public interest,

20 the following factors shall be considered:

21 ‘‘(1) Maintenance of effective controls against

22 diversion of listed chemicals into other than legiti23 mate channels.

24 ‘‘(2) Compliance with applicable Federal, State

25 and local law.
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1 ‘‘(3) Prior conviction record of applicant under

2 Federal or State laws relating to controlled sub3 stances or to chemicals controlled under Federal or

4 State law.

5 ‘‘(4) Past experience in the manufacture and

6 distribution of chemicals.

7 ‘‘(5) Such other factors as may be relevant to

8 and consistent with the public health and safety.’’.

9 (d) DENIAL, REVOCATION, OR SUSPENSION OF REG10 ISTRATION.—Section 304 of the Controlled Substances

11 Act (21 U.S.C. 824) is amended—

12 (1) in subsection (a) by inserting ‘‘or a list I

13 chemical’’ after ‘‘controlled substance’’ each place it

14 appears and by inserting ‘‘or list I chemicals’’ after

15 ‘‘controlled substances’’;

16 (2) in subsection (b) by inserting ‘‘or list I

17 chemical’’ after ‘‘controlled substance’’;

18 (3) in subsection (f) by inserting ‘‘or list I

19 chemicals’’ after ‘‘controlled substances’’ each place

20 it appears; and

21 (4) in subsection (g) by inserting ‘‘or list I

22 chemicals’’ after ‘‘controlled substances’’ each place

23 it appears and by inserting ‘‘or list I chemical’’ after

24 ‘‘controlled substance’’ each place it appears.
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1 (e) REGISTRATION REQUIREMENTS IN CONTROLLED

2 SUBSTANCES IMPORT AND EXPORT ACT.—Section 1008

3 of the Controlled Substances Import and Export Act (21

4 U.S.C. 958) is amended—

5 (1) in subsection (c)—

6 (A) by striking ‘‘(c) The’’ and inserting

7 ‘‘(c)(1) The’’; and

8 (B) by adding at the end the following new

9 paragraph:

10 ‘‘(2) The Attorney General shall register an applicant

11 to import or export a list I chemical unless the Attorney

12 General determines that the issuance of such registration

13 is inconsistent with the public interest. In determining the

14 public interest, the factors enumerated in section 303(h)

15 shall be considered.’’;

16 (2) in subsection (d)—

17 (A) in paragraph (3) by inserting ‘‘or list

18 I chemical or chemicals,’’ after ‘‘substances,’’;

19 and

20 (B) in paragraph (6) by inserting ‘‘or list

21 I chemicals’’ after ‘‘controlled substances’’ each

22 place it appears;

23 (3) in subsection (e) by striking ‘‘and 307’’ and

24 inserting ‘‘, 827, and 310’’; and
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1 (4) in subsections (f), (g), and (h) by inserting

2 ‘‘or list I chemicals’’ after ‘‘controlled substances’’

3 each place it appears.

4 (f) PROHIBITED ACTS C.—Section 403(a) of the

5 Controlled Substances Act (21 U.S.C. 843(a)) is amend6 ed—

7 (1) by striking ‘‘or’’ at the end of paragraph

8 (7);

9 (2) by striking the period at the end of para10 graph (8) and inserting ‘‘; or’’; and

11 (3) by adding at the end the following new

12 paragraph:

13 ‘‘(9) in the case of a person who is a regulated

14 person, to distribute, import, or export a list I chem15 ical without the registration required by this title.’’.

16 SEC. 1124. REPORTING OF LISTED CHEMICAL MANUFAC17 TURING.

18 Section 310(b) of the Controlled Substances Act (21

19 U.S.C. 830(b)) is amended—

20 (1) by striking ‘‘(b) Each regulated person’’

21 and inserting ‘‘(b)(1) Each regulated person’’;

22 (2) by redesignating paragraphs (1), (2), (3),

23 and (4) as subparagraphs (A), (B), (C), and (D), re24 spectively;
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1 (3) by striking ‘‘paragraph (1)’’ each place it

2 appears and inserting ‘‘subparagraph (A)’’;

3 (4) by striking ‘‘paragraph (2)’’ and inserting

4 ‘‘subparagraph (B)’’;

5 (5) by striking ‘‘paragraph (3)’’ and inserting

6 ‘‘subparagraph (C)’’; and

7 (6) by adding at the end the following new

8 paragraph:

9 ‘‘(2) Each regulated person who manufactures a list10 ed chemical shall report annually to the Attorney General,

11 in such form and manner and containing such specific

12 data as the Attorney General shall prescribe by regulation,

13 information concerning listed chemicals manufactured by

14 the person.’’.

15 SEC. 1125. REPORTS BY BROKERS AND TRADERS; CRIMINAL

16 PENALTIES.

17 (a) NOTIFICATION, REPORTING, RECORDKEEPING,

18 AND OTHER REQUIREMENTS.—Section 1018 of the Con19 trolled Substances Import and Export Act (21 U.S.C.

20 971) is amended by adding at the end the following new

21 subsection:

22 ‘‘(d) Any person located in the United States who is

23 a broker or trader for an international transaction in a

24 listed chemical that is a regulated transaction solely be25 cause of that person’s involvement as a broker or trader
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1 shall, with respect to that transaction, be subject to all

2 of the notification, reporting, recordkeeping, and other re3 quirements placed upon exporters of listed chemicals by

4 this title and by title II.’’.

5 (b) PENALTIES.—Section 1010(d) of the Controlled

6 Substances Import and Export Act (21 U.S.C. 960(d)) is

7 amended to read as follows:

8 ‘‘(d) PENALTY FOR IMPORTATION OR EXPOR9 TATION.—Any person who knowingly or intentionally—

10 ‘‘(1) imports or exports a listed chemical with

11 intent to manufacture a controlled substance in vio12 lation of this title;

13 ‘‘(2) exports a listed chemical, or serves as a

14 broker or trader for an international transaction in15 volving a listed chemical, in violation of the laws of

16 the country to which the chemical is exported;

17 ‘‘(3) imports or exports a listed chemical know18 ing, or having reasonable cause to believe, that the

19 chemical will be used to manufacture a controlled

20 substance in violation of this title; or

21 ‘‘(4) exports a listed chemical, or serves as a

22 broker or trader for an international transaction in23 volving a listed chemical, knowing, or having reason24 able cause to believe, that the chemical will be used

25 to manufacture a controlled substance in violation of
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1 the laws of the country to which the chemical is ex2 ported,

3 shall be fined in accordance with title 18, United States

4 Code, imprisoned not more than 10 years, or both.’’.

5 SEC. 1126. EXEMPTION AUTHORITY; ADDITIONAL PEN6 ALTIES.

7 (a) ADVANCE NOTICE.—Section 1018 of the Con8 trolled Substances Import and Export Act (21 U.S.C.

9 971), as amended by section 1125(a), is amended by add10 ing at the end the following new subsection:

11 ‘‘(e)(1) The Attorney General may by regulation re12 quire that the 15-day advance notice requirement of sub13 section (a) apply to all exports of specific listed chemicals

14 to specified nations, regardless of the status of certain cus15 tomers in such country as regular customers if the Attor16 ney General finds that the action is necessary to support

17 effective diversion control programs or is required by trea18 ty or other international agreement to which the United

19 States is a party.

20 ‘‘(2) The Attorney General may by regulation waive

21 the 15-day advance notice requirement for exports of spe22 cific listed chemicals to specified countries if the Attorney

23 General determines that the advance notice is not required

24 for effective chemical control. If the advance notice re25 quirement is waived, exporters of such listed chemicals
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1 shall be required to either submit reports of individual ex2 portations or to submit periodic reports of the exportation

3 of such listed chemicals to the Attorney General at such

4 time or times and containing such information as the At5 torney General shall establish by regulation.

6 ‘‘(3) The Attorney General may by regulation waive

7 the 15-day advance notice requirement for the importation

8 of specific listed chemicals if the Attorney General deter9 mines that the requirement is not necessary for effective

10 chemical control. If the advance notice requirement is

11 waived, importers of such listed chemicals shall be re12 quired to submit either reports of individual importations

13 or periodic reports of the importation of such listed chemi14 cals to the Attorney General at such time or times and

15 containing such information as the Attorney General shall

16 establish by regulation.’’.

17 (b) PENALTIES.—Section 1010(d) of the Controlled

18 Substances Import and Export Act (21 U.S.C. 960(d)),

19 as amended by section 1015(b), is amended by—

20 (1) striking ‘‘or’’ at the end of paragraph (3);

21 (2) striking the comma at the end of paragraph

22 (4) and inserting ‘‘; or’’; and

23 (3) by adding after paragraph (4) the following

24 new paragraph:
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1 ‘‘(5) imports or exports a listed chemical, with

2 the intent to evade the reporting or recordkeeping

3 requirements of section 1018 applicable to such im4 portation or exportation by falsely representing to

5 the Attorney General that the importation or expor6 tation qualifies for a waiver of the advance notice re7 quirement granted pursuant to section 1128(d) (1)

8 or (2) by misrepresenting the actual country of final

9 destination of the listed chemical or the actual listed

10 chemical being imported or exported,’’.

11 SEC. 1127. AMENDMENTS TO LIST I.

12 Section 102(34) of the Controlled Substances Act (21

13 U.S.C. 802(34)) is amended:

14 (1) by striking subparagraphs (O), (U), and

15 (W);

16 (2) by redesignating subparagraphs (P), (Q),

17 (R), (S), (T), (V), (X), and (Y) as subparagraphs

18 (O), (P), (Q), (R), (S), (T), (U), and (X), respec19 tively;

20 (3) by inserting after subparagraph (U), as re21 designated by paragraph (2), the following new sub22 paragraphs:

23 ‘‘(V) benzaldehyde.

24 ‘‘(W) nitroethane.’’; and
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1 (4) in subparagraph (X), as redesignated by

2 paragraph (2), by striking ‘‘(X)’’ and inserting

3 ‘‘(U)’’.

4 SEC. 1128. ELIMINATION OF REGULAR SUPPLIER STATUS

5 AND CREATION OF REGULAR IMPORTER

6 STATUS.

7 (a) DEFINITION.—Section 102(37) of the Controlled

8 Substances Act (21 U.S.C. 802(37)) is amended to read

9 as follows:

10 ‘‘(37) The term ‘regular importer’ means, with re11 spect to a specific listed chemical, a person who has an

12 established record as an importer of that listed chemical

13 that is reported to the Attorney General.’’.

14 (b) NOTIFICATION, SUSPENSION OF SHIPMENT, AND

15 PENALTIES.—Section 1018 of the Controlled Substances

16 Act (21 U.S.C. 971) is amended—

17 (1) in subsection (b)(1) by striking ‘‘regular

18 supplier of the regulated person’’ and inserting ‘‘to

19 an importation by a regular importer’’;

20 (2) in subsection (b)(2)—

21 (A) by striking ‘‘a customer or supplier of

22 a regulated person’’ and inserting ‘‘a customer

23 of a regulated person or to an importer’’; and
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1 (B) by striking ‘‘regular supplier’’ and in2 serting ‘‘the importer as a regular importer’’;

3 and

4 (3) in subsection (c)(1) by striking ‘‘regular

5 supplier’’ and inserting ‘‘regular importer’’.

6 SEC. 1129. ADMINISTRATIVE INSPECTIONS AND AUTHOR7 ITY.

8 Section 510(a)(2) of the Controlled Substances Act

9 (21 U.S.C. 880(a)(2)) is amended to read as follows:

10 ‘‘(2) places, including factories, warehouses, or

11 other establishments, and conveyances, where a per12 son registered under section 303 (or exempt from

13 such registration under section 302(d) or by regula14 tion of the Attorney General) or a regulated person

15 may lawfully hold, manufacture, distribute, dispense,

16 administer, or otherwise dispose of controlled sub17 stances or listed chemicals or where records relating

18 to such an activity are maintained.’’.

19 SEC. 1130. THRESHOLD AMOUNTS.

20 Section 102(39)(A) of the Controlled Substances Act

21 (21 U.S.C. 802(39)(A)), as amended by section 1112, is

22 amended by inserting ‘‘of a listed chemical, or if the Attor23 ney General establishes a threshold amount for a specific

24 listed chemical,’’ before ‘‘a threshold amount, including a

25 cumulative threshold amount of multiple transactions’’.
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1 SEC. 1131. MANAGEMENT OF LISTED CHEMICALS.

2 (a) AMENDMENT OF CONTROLLED SUBSTANCES

3 ACT.—Part C of the Controlled Substances Act (21

4 U.S.C. 801 et seq.) is amended by adding at the end the

5 following new section:

6 ‘‘MANAGEMENT OF LISTED CHEMICALS

7 ‘‘SEC. 311. (a) OFFENSE.—It is unlawful for a per8 son who possesses a listed chemical with the intent that

9 it be used in the illegal manufacture of a controlled sub10 stance to manage the listed chemical or waste from the

11 manufacture of a controlled substance otherwise than as

12 required by regulations issued under sections 3001, 3002,

13 3003, 3004, and 3005 of the Solid Waste Disposal Act

14 (42 U.S.C. 6921, 6922, 6923, 6924, and 6925).

15 ‘‘(b) PENALTY.—(1) In addition to a penalty that

16 may be imposed for the illegal manufacture, possession,

17 or distribution of a listed chemical or toxic residue of a

18 clandestine laboratory, a person who violates subsection

19 (a) shall be assessed the costs described in paragraph (2)

20 and shall be imprisoned as described in paragraph (3).

21 ‘‘(2) Pursuant to paragraph (1), a defendant shall

22 be assessed the following costs to the United States, a

23 State, or other authority or person that undertakes to cor24 rect the results of the improper management of a listed

25 chemical:
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1 ‘‘(A) The cost of initial cleanup and disposal of

2 the listed chemical and contaminated property.

3 ‘‘(B) The cost of restoring property that is

4 damaged by exposure to a listed chemical for reha5 bilitation under Federal, State, and local standards.

6 ‘‘(3)(A) A violation of subsection (a) shall be pun7 ished as a Class D felony, or in the case of a willful viola8 tion, as a Class C felony.

9 ‘‘(B) It is the sense of the Congress that guidelines

10 issued by the Sentencing Commission regarding sentenc11 ing under this paragraph should recommend that the term

12 of imprisonment for the violation of subsection (a) should

13 not be less than 5 years, or less than 10 years in the case

14 of a willful violation.

15 ‘‘(4) The court may order that all or a portion of

16 the earnings from work performed by a convicted offender

17 in prison be withheld for payment of costs assessed under

18 paragraph (2).

19 ‘‘(c) SHARING OF FORFEITED ASSETS.—The Attor20 ney General may direct that assets forfeited under section

21 511 in connection with a prosecution under this section

22 be shared with State agencies that participated in the sei23 zure or cleaning up of a contaminated site.’’.
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1 (b) AMENDMENT OF TITLE 11, UNITED STATES

2 CODE.—Section 523(a) of title 11, United States Code,

3 is amended—

4 (1) by striking ‘‘or’’ at the end of paragraph

5 (11);

6 (2) by striking the period at the end of para7 graph (12) and inserting ‘‘; or’’; and

8 (3) by adding at the end the following new

9 paragraph:

10 ‘‘(13) for costs assessed under section 311(b) of

11 the Controlled Substances Act.’’.

12 SEC. 1132. ATTORNEY GENERAL ACCESS TO THE NATIONAL

13 PRACTITIONER DATA BANK.

14 Part B of the Health Care Quality Improvement Act

15 of 1986 (42 U.S.C. 11131 et seq.) is amended by adding

16 at the end the following new section:

17 ‘‘SEC. 428. DISCLOSURE OF INFORMATION TO THE ATTOR18 NEY GENERAL.

19 ‘‘Information respecting physicians or other licensed

20 health care practitioners reported to the Secretary (or to

21 the agency designated under section 424(b)) under this

22 part or section 1921 of the Social Security Act (42 U.S.C.

23 1396r–2) shall be provided to the Attorney General. The

24 Secretary shall—
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1 ‘‘(1) transmit to the Attorney General such in2 formation as the Attorney General may designate or

3 request to assist the Drug Enforcement Administra4 tion in the enforcement of the Controlled Substances

5 Act (21 U.S.C. 801 et seq.) and other laws enforced

6 by the Drug Enforcement Administration; and

7 ‘‘(2) transmit such information related to

8 health care providers as the Attorney General may

9 designate or request to assist the Federal Bureau of

10 Investigation in the enforcement of title 18, the Act

11 entitled ‘An Act to regulate the practice of pharmacy

12 and the sale of poison in the consular districts of the

13 United States in China’, approved March 3, 1915

14 (21 U.S.C. 201 et seq.), and chapter V of the Fed15 eral Food, Drug, and Cosmetic Act (21 U.S.C. 351

16 et seq.).’’.

17 SEC. 1133. REGULATIONS AND EFFECTIVE DATE.

18 (a) REGULATIONS.—The Attorney General shall, not

19 later than 90 days after the enactment of this Act, issue

20 regulations necessary to carry out this subtitle.

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

22 this subtitle shall become effective on the date that is 120

23 days after the date of enactment of this Act.
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1 Subtitle C—Other Provisions

2 SEC. 1141. ADVERTISEMENTS OF CONTROLLED SUB3 STANCES.

4 Section 403 of the Controlled Substances Act (21

5 U.S.C. 843) is amended—

6 (1) by redesignating subsections (c) and (d) as

7 (d) and (e), respectively; and

8 (2) by inserting after subsection (b) the follow9 ing new subsection:

10 ‘‘(c) It shall be unlawful for any person to print, pub11 lish, place, or otherwise cause to appear in any newspaper,

12 magazine, handbill, or other publication, any written ad13 vertisement knowing that it has the purpose of seeking

14 or offering illegally to receive, buy, or distribute a Sched15 ule I controlled substance. As used in this section the term

16 ‘advertisement’ includes, in addition to its ordinary mean17 ing, such advertisements as those for a catalog of Schedule

18 I controlled substances and any similar written advertise19 ment that has the purpose of seeking or offering illegally

20 to receive, buy, or distribute a Schedule I controlled sub21 stance, but does not include material that—

22 ‘‘(1) merely advocates the use of a similar ma23 terial or advocates a position or practice; and
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1 ‘‘(2) does not attempt to propose or facilitate

2 an actual transaction in a Schedule I controlled sub3 stance.’’.

4 SEC. 1142. CLOSING OF LOOPHOLE FOR ILLEGAL IMPORTA5 TION OF SMALL DRUG QUANTITIES.

6 Section 497(a)(2)(A) of the Tariff Act of 1930 (19

7 U.S.C. 1497(a)(2)(A)) is amended by adding ‘‘or $500,

8 whichever is greater’’ after ‘‘value of the article’’.

9 SEC. 1143. DRUG PARAPHERNALIA AMENDMENT.

10 Section 422 of the Controlled Substances Act (21

11 U.S.C. 863) is amended by adding at the end the following

12 new subsection:

13 ‘‘(g) CIVIL ENFORCEMENT.—The Attorney General

14 may bring a civil action against any person who violates

15 this section. The action may be brought in any district

16 court of the United States or the United States courts

17 of any territory in which the violation is taking or has

18 taken place. The court in which such action is brought

19 shall determine the existence of any violation by a prepon20 derance of the evidence, and shall have the power to assess

21 a civil penalty of up to $100,000 and to grant such other

22 relief, including injunctions, as may be appropriate. Such

23 remedies shall be in addition to any other remedy available

24 under statutory or common law.’’.
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1 SEC. 1144. CONFORMING AMENDMENT ADDING CERTAIN

2 DRUG OFFENSES AS REQUIRING

3 FINGERPRINTING AND RECORDS FOR RECID4 IVIST JUVENILES.

5 Subsections (d) and (f) of section 5038 of title 18,

6 United States Code, are amended by striking ‘‘or an of7 fense described in section 841, 952(a), 955, or 959, of

8 title 21,’’ and inserting ‘‘or an offense described in section

9 401 of the Controlled Substances Act (21 U.S.C. 841) or

10 section 1002(a), 1003, 1005, 1009, or 1010(b) (1), (2),

11 or (3) of the Controlled Substances Import and Export

12 Act (21 U.S.C. 952(a), 953, 955, 959, or 960(b) (1), (2),

13 and (3)).’’.

14 SEC. 1145. CLARIFICATION OF NARCOTIC OR OTHER DAN15 GEROUS DRUGS UNDER RICO.

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

17 amended by striking ‘‘narcotic or other dangerous drugs’’

18 each place it appears and inserting ‘‘a controlled substance

19 or listed chemical (as defined in section 102 of the Con20 trolled Substances Act (21 U.S.C. 802))’’.

21 SEC. 1146. CONFORMING AMENDMENTS TO RECIDIVIST

22 PENALTY PROVISIONS OF THE CONTROLLED

23 SUBSTANCES ACT AND THE CONTROLLED

24 SUBSTANCES IMPORT AND EXPORT ACT.

25 (a) SECTION 401(b)(1) (B), (C), AND (D) OF THE

26 CONTROLLED SUBSTANCES ACT.—Subparagraphs (B),
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1 (C), and (D) of section 401(b)(1) of the Controlled Sub2 stances Act (21 U.S.C. 841(b)(1) (B), (C), and (D)) are

3 amended in the second sentence by striking ‘‘one or more

4 prior convictions’’ and all that follows through ‘‘have be5 come final’’ and inserting ‘‘a prior conviction for a felony

6 drug offense has become final’’.

7 (b) SECTION 1010(b) (1), (2), AND (3) OF THE CON8 TROLLED SUBSTANCES IMPORT AND EXPORT ACT.—

9 Paragraphs (1), (2), and (3) of section 1010(b) of the

10 Controlled Substances Import and Export Act (21 U.S.C.

11 960(b) (1), (2), and (3)) are amended in the second sen12 tence by striking ‘‘one or more prior convictions’’ and all

13 that follows through ‘‘have become final’’ and inserting ‘‘a

14 prior conviction for a felony drug offense has become

15 final’’.

16 (c) SECTION 1012(b) OF THE CONTROLLED IMPORT

17 AND EXPORT ACT.—Section 1012(b) of the Controlled

18 Substances Import and Export Act (21 U.S.C. 962(b)) is

19 amended by striking ‘‘one or more prior convictions of him

20 for a felony under any provision of this subchapter or sub21 chapter I of this chapter or other law of a State, the

22 United States, or a foreign country relating to narcotic

23 drugs, marihuana, or depressant or stimulant drugs, have

24 become final’’ and inserting in lieu thereof ‘‘one or more
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1 prior convictions of such person for a felony drug offense

2 have become final’’.

3 (d) SECTION 401(b)(1)(A) OF THE CONTROLLED

4 SUBSTANCES ACT.—Section 401(b)(1)(A) of the Con5 trolled Substances Act (21 U.S.C. 841(b)(1)(A)) is

6 amended by striking the sentence beginning ‘‘For the pur7 poses of this subparagraph, the term ‘felony drug offense’

8 means’’.

9 (e) SECTION 102 OF THE CONTROLLED SUBSTANCES

10 ACT.—Section 102 of the Controlled Substances Act (21

11 U.S.C. 802), as amended by section 1012(c)(7), is amend12 ed by adding at the end the following new paragraph:

13 ‘‘(43) The term ‘felony drug offense’ means an of14 fense that is punishable by imprisonment for more than

15 1 year under any law of the United States or of a State

16 or foreign country that prohibits or restricts conduct relat17 ing to narcotic drugs, marihuana, or depressant or stimu18 lant substances.’’.

19 SEC. 1147. ELIMINATION OF OUTMODED LANGUAGE RELAT20 ING TO PAROLE.

21 (a) SECTION 401(b)(1) OF THE CONTROLLED SUB22 STANCES ACT.—Subparagraphs (A) and (B) of section

23 401(b)(1) of the Controlled Substances Act (21 U.S.C.

24 841(b)(1)) are amended by striking ‘‘No person sentenced
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1 under this subparagraph shall be eligible for parole during

2 the term of imprisonment imposed therein.’’.

3 (b) SECTION 1010(b) OF THE CONTROLLED SUB4 STANCES IMPORT AND EXPORT ACT.—Paragraphs (1)

5 and (2) of section 1010(b) of the Controlled Substances

6 Import and Export Act (21 U.S.C. 960(b)) are amended

7 by striking ‘‘No person sentenced under this paragraph

8 shall be eligible for parole during the term of imprison9 ment imposed therein.’’.

10 (c) SECTION 419(d) OF THE CONTROLLED SUB11 STANCES ACT.—Section 419(d) of the Controlled Sub12 stances Act (21 U.S.C. 860(c)), as redesignated by section

13 501(1), is amended by striking ‘‘An individual convicted

14 under this section shall not be eligible for parole until the

15 individual has served the mandatory minimum term of im16 prisonment as provided by this section.’’.

17 (d) SECTION 420(e) OF THE CONTROLLED SUB18 STANCES ACT.—Section 420(e) of the Controlled Sub19 stances Act (21 U.S.C. 861(a)) is amended by striking

20 ‘‘An individual convicted under this section of an offense

21 for which a mandatory minimum term of imprisonment

22 is applicable shall not be eligible for parole under section

23 4202 of title 18 until the individual has served the manda24 tory term of imprisonment as enhanced by this section.’’.
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1 SEC. 1148. DRUGGED OR DRUNK DRIVING CHILD PROTEC2 TION.

3 (a) APPLICATION OF STATE LAW IN AREAS WITHIN

4 FEDERAL JURISDICTION.—Section 13(b) of title 18,

5 United States Code, is amended—

6 (1) by striking ‘‘For purposes’’ and inserting

7 ‘‘(1) Subject to paragraph (2) and for purposes’’;

8 and

9 (2) by adding at the end thereof the following

10 new paragraph:

11 ‘‘(2)(A) In addition to any term of imprison12 ment provided for operating a motor vehicle under

13 the influence of a drug or alcohol imposed under the

14 law of a State, territory, possession, or district, the

15 punishment for such an offense under this section

16 shall include an additional term of imprisonment of

17 not more than 1 year, or if serious bodily injury of

18 a minor is caused, 5 years, or if death of a minor

19 is caused, 10 years, and an additional fine of not

20 more than $1,000, or both, if—

21 ‘‘(i) a minor (other than the offender) was

22 present in the motor vehicle when the offense

23 was committed; and

24 ‘‘(ii) the law of the State, commonwealth,

25 territory, possession, or district in which the of26 fense occurred does not provide an additional
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1 term of imprisonment under the circumstances

2 described in clause (i).

3 ‘‘(B) For the purposes of subparagraph (A), the

4 term ‘minor’ means a person less than 18 years of

5 age.’’.

6 (b) COMMON CARRIERS.—Section 342 of title 18,

7 United States Code, is amended—

8 (1) by inserting ‘‘(a)’’ before ‘‘Whoever’’; and

9 (2) by adding at the end the following new sub10 section:

11 ‘‘(b)(1) In addition to any term of imprisonment im12 posed for an offense under subsection (a), the punishment

13 for such an offense shall include an additional term of im14 prisonment of not more than 1 year, or if serious bodily

15 injury of a minor is caused, 5 years, or if death of a minor

16 is caused, 10 years, and an additional fine of not more

17 than $1,000, or both, if a minor (other than the offender)

18 was present in the common carrier when the offense was

19 committed.

20 ‘‘(2) For the purposes of paragraph (1), the term

21 ‘minor’ means a person less than 18 years of age.’’.
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1 SEC. 1149. EVICTION FROM PLACES MAINTAINED FOR MAN2 UFACTURING, DISTRIBUTING, OR USING CON3 TROLLED SUBSTANCES.

4 Section 416 of the Controlled Substances Act (21

5 U.S.C. 856) is amended by adding at the end the following

6 new subsection:

7 ‘‘(c) The Attorney General may bring a civil action

8 against any person who violates this section. The action

9 may be brought in any district court of the United States

10 or the United States courts of any territory in which the

11 violation is taking place. The court in which such action

12 is brought shall determine the existence of a violation by

13 a preponderance of the evidence, and shall have the power

14 to assess a civil penalty of up to $100,000 and to grant

15 such other relief including injunctions and evictions as

16 may be appropriate. Such remedies shall be in addition

17 to any other remedy available under statutory or common

18 law.’’.

19 SEC. 1150. ANABOLIC STEROIDS PENALTIES.

20 Section 404 of the Controlled Substances Act (21

21 U.S.C. 844) is amended by inserting after subsection (a)

22 the following new subsection:

23 ‘‘(b)(1) Whoever, being a physical trainer or adviser

24 to a person, attempts to persuade or induce the person

25 to possess or use anabolic steroids in violation of sub26 section (a), shall be fined under title 18, United States
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1 Code, imprisoned not more than 2 years (or if the person

2 attempted to be persuaded or induced was less than 18

3 years of age at the time of the offense, 5 years), or both.

4 ‘‘(2) As used in this subsection, the term ‘physical

5 trainer or adviser’ means a professional or amateur coach,

6 manager, trainer, instructor, or other such person who

7 provides athletic or physical instruction, training, advice,

8 assistance, or any other such service to any person.’’.

9 SEC. 1151. PROGRAM TO PROVIDE PUBLIC AWARENESS OF

10 THE PROVISIONS OF LAW THAT CONDITION

11 PORTIONS OF A STATE’S FEDERAL HIGHWAY

12 FUNDING ON THE STATE’S ENACTMENT OF

13 LEGISLATION REQUIRING THE REVOCATION

14 OF THE DRIVER’S LICENSES OF CONVICTED

15 DRUG ABUSERS.

16 The Attorney General, in consultation with the Sec17 retary of Transportation, shall implement a program of

18 national awareness of section 333 of Public Law 101–516

19 (104 Stat. 2184) and section 104(a)(3) of title 23, United

20 States Code, which shall notify the Governors and State

21 Representatives of the requirements of those sections.

22 SEC. 1152. DRUG ABUSE RESISTANCE EDUCATION PRO23 GRAMS.

24 Section 5122(c) of the Drug-Free Schools and Com25 munities Act of 1986 (20 U.S.C. 3192(c)) is amended by
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1 inserting ‘‘or local governments with the concurrence of

2 local educational agencies’’ after ‘‘for grants to local edu3 cational agencies’’.

4 SEC. 1153. MISUSE OF THE WORDS ‘‘DRUG ENFORCEMENT

5 ADMINISTRATION’’ OR THE INITIALS ‘‘DEA’’.

6 Section 709 of title 18, United States Code, is

7 amended by inserting the following new paragraph before

8 the paragraph beginning ‘‘Shall be punished’’:

9 ‘‘Whoever, except with the written permission of the

10 Administrator of the Drug Enforcement Administration,

11 knowingly uses the words ‘Drug Enforcement Administra12 tion’ or the initials ‘DEA’ or any colorable imitation of

13 such words or initials, in connection with any advertise14 ment, circular, book, pamphlet, software or other publica15 tion, play, motion picture, broadcast, telecast, or other

16 production, in a manner reasonably calculated to convey

17 the impression that such advertisement, circular, book,

18 pamphlet, software or other publication, play, motion pic19 ture, broadcast, telecast, or other production is approved,

20 endorsed, or authorized by the Drug Enforcement Admin21 istration,’’.

22 TITLE XII—PUBLIC CORRUPTION

23 SEC. 1201. SHORT TITLE.

24 This title may be cited as the ‘‘Anti-Corruption Act

25 of 1993’’.
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1 SEC. 1202. PUBLIC CORRUPTION.

2 (a) OFFENSES.—Chapter 11 of title 18, United

3 States Code, is amended by adding at the end the follow4 ing new section:

5 ‘‘§ 226. Public corruption

6 ‘‘(a) STATE AND LOCAL GOVERNMENT.—

7 ‘‘(1) HONEST SERVICES.—Whoever, in a cir8 cumstance described in paragraph (3), deprives or

9 defrauds, or endeavors to deprive or to defraud, by

10 any scheme or artifice, the inhabitants of a State or

11 political subdivision of a State of the honest services

12 of an official or employee of the State or political

13 subdivision shall be fined under this title, imprisoned

14 not more than 10 years, or both.

15 ‘‘(2) FAIR AND IMPARTIAL ELECTIONS.—Who16 ever, in a circumstance described in paragraph (3),

17 deprives or defrauds, or endeavors to deprive or to

18 defraud, by any scheme or artifice, the inhabitants

19 of a State or political subdivision of a State of a fair

20 and impartially conducted election process in any

21 primary, run-off, special, or general election—

22 ‘‘(A) through the procurement, casting, or

23 tabulation of ballots that are materially false,

24 fictitious, or fraudulent or that are invalid,

25 under the laws of the State in which the elec26 tion is held;
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1 ‘‘(B) through paying or offering to pay any

2 person for voting;

3 ‘‘(C) through the procurement or submis4 sion of voter registrations that contain false

5 material information, or omit material informa6 tion; or

7 ‘‘(D) through the filing of any report re8 quired to be filed under State law regarding an

9 election campaign that contains false material

10 information or omits material information,

11 shall be fined under this title, imprisoned not more

12 than 10 years, or both.

13 ‘‘(3) CIRCUMSTANCES IN WHICH OFFENSE OC14 CURS.—The circumstances referred to in paragraphs

15 (1) and (2) are that—

16 ‘‘(A) for the purpose of executing or con17 cealing a scheme or artifice described in para18 graph (1) or (2) or attempting to do so, a per19 son—

20 ‘‘(i) places in any post office or au21 thorized depository for mail matter, any

22 matter or thing to be sent or delivered by

23 the Postal Service, or takes or receives

24 therefrom any such matter or thing, or

25 knowingly causes to be delivered by mail
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1 according to the direction thereon, or at

2 the place at which it is directed to be deliv3 ered by the person to whom it is ad4 dressed, any such matter or thing;

5 ‘‘(ii) transmits or causes to be trans6 mitted by means of wire, radio, or tele7 vision communication in interstate or for8 eign commerce any writings, signs, signals,

9 pictures, or sounds;

10 ‘‘(iii) transports or causes to be trans11 ported any person or thing, or induces any

12 person to travel in or to be transported in,

13 interstate or foreign commerce; or

14 ‘‘(iv) uses or causes the use of any fa15 cility of interstate or foreign commerce;

16 ‘‘(B) the scheme or artifice affects or con17 stitutes an attempt to affect in any manner or

18 degree, or would if executed or concealed affect,

19 interstate or foreign commerce; or

20 ‘‘(C) in the case of an offense described in

21 paragraph (2), an objective of the scheme or ar22 tifice is to secure the election of an official who,

23 if elected, would have any authority over the

24 administration of funds derived from an Act of

25 Congress totaling $10,000 or more during the
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1 12-month period immediately preceding or fol2 lowing the election or date of the offense.

3 ‘‘(b) FEDERAL GOVERNMENT.—Whoever deprives or

4 defrauds, or endeavors to deprive or to defraud, by any

5 scheme or artifice, the inhabitants of the United States

6 of the honest services of a public official or a person who

7 has been selected to be a public official shall be fined

8 under this title, imprisoned not more than 10 years, or

9 both.

10 ‘‘(c) OFFENSE BY AN OFFICIAL AGAINST AN EM11 PLOYEE OR OFFICIAL.—

12 ‘‘(1) CRIMINAL OFFENSE.—Whoever, being an

13 official, public official, or person who has been se14 lected to be a public official, directly or indirectly

15 discharges, demotes, suspends, threatens, harasses,

16 or in any manner discriminates against an employee

17 or official of the United States or of a State or polit18 ical subdivision of a State, or endeavors to do so, in

19 order to carry out or to conceal a scheme or artifice

20 described in subsection (a) or (b), shall be fined

21 under this title, imprisoned not more than 5 years,

22 or both.

23 ‘‘(2) CIVIL ACTION.—(A) Any employee or offi24 cial of the United States or of a State or political

25 subdivision of a State who is discharged, demoted,
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1 suspended, threatened, harassed, or in any manner

2 discriminated against because of lawful acts done by

3 the employee or official as a result of a violation of

4 this section or because of actions by the employee on

5 behalf of himself or herself or others in furtherance

6 of a prosecution under this section (including inves7 tigation for, initiation of, testimony for, or assist8 ance in such a prosecution) may bring a civil action

9 and obtain all relief necessary to make the employee

10 or official whole, including—

11 ‘‘(i) reinstatement with the same seniority

12 status that the employee or official would have

13 had but for the violation;

14 ‘‘(ii) 3 times the amount of backpay;

15 ‘‘(iii) interest on the backpay; and

16 ‘‘(iv) compensation for any special dam17 ages sustained as a result of the violation, in18 cluding reasonable litigation costs and reason19 able attorney’s fees.

20 ‘‘(B) An employee or official shall not be af21 forded relief under subparagraph (A) if the employee

22 or official participated in the violation of this section

23 with respect to which relief is sought.

24 ‘‘(C)(i) A civil action or proceeding authorized

25 by this paragraph shall be stayed by a court upon
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1 certification of an attorney for the Government that

2 prosecution of the action or proceeding may ad3 versely affect the interests of the Government in a

4 pending criminal investigation or proceeding.

5 ‘‘(ii) The attorney for the Government shall

6 promptly notify the court when a stay may be lifted

7 without such adverse effects.

8 ‘‘(d) DEFINITIONS.—In this section—

9 ‘‘ ‘official’ includes—

10 ‘‘(A) any person employed by, exercising

11 any authority derived from, or holding any posi12 tion in the government of a State or any sub13 division of the executive, legislative, judicial, or

14 other branch of government thereof, including a

15 department, independent establishment, com16 mission, administration, authority, board, and

17 bureau, and a corporation or other legal entity

18 established and subject to control by a govern19 ment or governments for the execution of a gov20 ernmental or intergovernmental program;

21 ‘‘(B) any person acting or pretending to

22 act under color of official authority; and

23 ‘‘(C) any person who has been nominated,

24 appointed, or selected to be an official or who
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1 has been officially informed that he or she will

2 be so nominated, appointed, or selected.

3 ‘‘ ‘person acting or pretending to act under

4 color of official authority’ includes a person who rep5 resents that he or she controls, is an agent of, or

6 otherwise acts on behalf of an official, public official,

7 and person who has been selected to be a public offi8 cial.

9 ‘‘ ‘public official’ and ‘person who has been se10 lected to be a public official’ have the meanings stat11 ed in section 201 and also include any person acting

12 or pretending to act under color of official authority.

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

14 the District of Columbia, Puerto Rico, and any other

15 commonwealth, territory, or possession of the United

16 States.

17 ‘‘ ‘uses any facility of interstate or foreign com18 merce’ includes the intrastate use of any facility that

19 may also be used in interstate or foreign com20 merce.’’.

21 (b) TECHNICAL AMENDMENTS.—(1) The chapter

22 analysis for chapter 11 of title 18, United States Code,

23 is amended by adding at the end the following new item:

‘‘226. Public corruption.’’.

24 (2) Section 1961(1) of title 18, United States Code,

25 is amended by inserting ‘‘section 226 (relating to public
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1 corruption),’’ after ‘‘section 224 (relating to sports brib2 ery),’’.

3 (3) Section 2516(1)(c) of title 18, United States

4 Code, is amended by inserting ‘‘section 226 (relating to

5 public corruption),’’ after ‘‘section 224 (bribery in sport6 ing contests),’’.

7 SEC. 1203. INTERSTATE COMMERCE.

8 (a) IN GENERAL.—Section 1343 of title 18, United

9 States Code, is amended—

10 (1) by striking ‘‘transmits or causes to be

11 transmitted by means of wire, radio, or television

12 communication in interstate or foreign commerce,

13 any writings, signs, signals, pictures, or sounds’’ and

14 inserting ‘‘uses or causes to be used any facility of

15 interstate or foreign commerce’’; and

16 (2) by inserting ‘‘or attempting to do so’’ after

17 ‘‘for the purpose of executing such scheme or

18 artifice’’.

19 (b) TECHNICAL AMENDMENTS.—(1) The heading of

20 section 1343 of title 18, United States Code, is amended

21 to read as follows:
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1 ‘‘§ 1343. Fraud by use of facility of interstate com2 merce’’.

3 (2) The chapter analysis for chapter 63 of title 18,

4 United States Code, is amended by amending the item re5 lating to section 1343 to read as follows:

‘‘1343. Fraud by use of facility of interstate commerce.’’.

6 SEC. 1204. NARCOTICS-RELATED PUBLIC CORRUPTION.

7 (a) OFFENSES.—Chapter 11 of title 18, United

8 States Code, is amended by inserting after section 219 the

9 following new section:

10 ‘‘§ 220. Narcotics and public corruption

11 ‘‘(a) OFFENSE BY PUBLIC OFFICIAL.—A public offi12 cial who, in a circumstance described in subsection (c),

13 directly or indirectly, corruptly demands, seeks, receives,

14 accepts, or agrees to receive or accept anything of value

15 personally or for any other person in return for—

16 ‘‘(1) being influenced in the performance or

17 nonperformance of any official act; or

18 ‘‘(2) being influenced to commit or to aid in

19 committing, or to collude in, or to allow or make op20 portunity for the commission of any offense against

21 the United States or any State,

22 shall be guilty of a class B felony.

23 ‘‘(b) OFFENSE BY PERSON OTHER THAN A PUBLIC

24 OFFICIAL.—A person who, in a circumstance described in

25 subsection (c), directly or indirectly, corruptly gives, of-
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1 fers, or promises anything of value to any public official,

2 or offers or promises any public official to give anything

3 of value to any other person, with intent—

4 ‘‘(1) to influence any official act;

5 ‘‘(2) to influence the public official to commit

6 or aid in committing, or to collude in, or to allow or

7 make opportunity for the commission of any offense

8 against the United States or any State; or

9 ‘‘(3) to influence the public official to do or to

10 omit to do any act in violation of the official’s lawful

11 duty,

12 shall be guilty of a class B felony.

13 ‘‘(c) CIRCUMSTANCES IN WHICH OFFENSE OC14 CURS.—The circumstances referred to in subsections (a)

15 and (b) are that the offense involves, is part of, or is in16 tended to further or to conceal the illegal possession, im17 portation, manufacture, transportation, or distribution of

18 any controlled substance or controlled substance analogue.

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

20 ‘‘(1) the terms ‘controlled substance’ and ‘con21 trolled substance analogue’ have the meanings stated

22 in section 102 of the Controlled Substances Act (21

23 U.S.C. 802);

24 ‘‘(2) the term ‘official act’ means any decision,

25 action, or conduct regarding any question, matter,
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1 proceeding, cause, suit, investigation, or prosecution

2 which may at any time be pending, or which may be

3 brought before any public official, in such official’s

4 official capacity, or in such official’s place of trust

5 or profit; and

6 ‘‘(3) the term ‘public official’ means—

7 ‘‘(A) an officer or employee or person act8 ing for or on behalf of the United States, or

9 any department, agency, or branch of Govern10 ment thereof in any official function, under or

11 by authority of any such department, agency, or

12 branch of Government;

13 ‘‘(B) a juror;

14 ‘‘(C) an officer or employee or person act15 ing for or on behalf of the government of any

16 State, territory, or possession of the United

17 States (including the District of Columbia), or

18 any political subdivision thereof, in any official

19 function, under or by the authority of any such

20 State, territory, possession, or political subdivi21 sion; and

22 ‘‘(D) any person who has been nominated

23 or appointed to a position described in subpara24 graph (A), (B), or (C), or has been officially in-
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1 formed that he or she will be so nominated or

2 appointed.’’.

3 (b) TECHNICAL AMENDMENTS.—(1) Section 1961(1)

4 of title 18, United States Code, is amended by inserting

5 ‘‘section 220 (relating to narcotics and public corrup6 tion),’’ after ‘‘Section 201 (relating to bribery),’’.

7 (2) Section 2516(1)(c) of title 18, United States

8 Code, is amended by inserting ‘‘section 220 (relating to

9 narcotics and public corruption),’’ after ‘‘section 201

10 (bribery of public officials and witnesses),’’.

11 (3) The chapter analysis for chapter 11 of title 18,

12 United States Code, is amended by inserting after the

13 item for section 219 the following new item:

‘‘220. Narcotics and public corruption.’’.

14 TITLE XIII—GENERAL

15 PROVISIONS

16 Subtitle A—Violent Crimes

17 SEC. 1301. ADDITION OF ATTEMPTED ROBBERY, KIDNAP18 PING, SMUGGLING, AND PROPERTY DAMAGE

19 OFFENSES TO ELIMINATE INCONSISTENCIES

20 AND GAPS IN COVERAGE.

21 (a) ROBBERY AND BURGLARY.—(1) Section 2111 of

22 title 18, United States Code, is amended by inserting ‘‘or

23 attempts to take’’ after ‘‘takes’’.

24 (2) Section 2112 of title 18, United States Code, is

25 amended by inserting ‘‘or attempts to rob’’ after ‘‘robs’’.
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1 (3) Section 2114 of title 18, United States Code, is

2 amended by inserting ‘‘or attempts to rob’’ after ‘‘robs’’.

3 (b) KIDNAPPING.—Section 1201(d) of title 18, Unit4 ed States Code, is amended by striking ‘‘Whoever at5 tempts to violate subsection (a)(4) or (a)(5)’’ and insert6 ing ‘‘Whoever attempts to violate subsection (a)’’.

7 (c) SMUGGLING.—Section 545 of title 18, United

8 States Code, is amended by inserting ‘‘or attempts to

9 smuggle or clandestinely introduce’’ after ‘‘smuggles, or

10 clandestinely introduces’’.

11 (d) MALICIOUS MISCHIEF.—(1) Section 1361 of title

12 18, United States Code, is amended—

13 (A) by inserting ‘‘or attempts to commit any of

14 the foregoing offenses’’ before ‘‘shall be punished’’,

15 and

16 (B) by inserting ‘‘or attempted damage’’ after

17 ‘‘damage’’ each place it appears.

18 (2) Section 1362 of title 18, United States Code, is

19 amended by inserting ‘‘or attempts willfully or maliciously

20 to injure or destroy’’ after ‘‘willfully or maliciously injures

21 or destroys’’.

22 (3) Section 1366 of title 18, United States Code, is

23 amended—

24 (A) by inserting ‘‘or attempts to damage’’ after

25 ‘‘damages’’ each place it appears;
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1 (B) by inserting ‘‘or attempts to cause’’ after

2 ‘‘causes’’; and

3 (C) by inserting ‘‘or would if the attempted of4 fense had been completed have exceeded’’ after ‘‘ex5 ceeds’’ each place it appears.

6 SEC. 1302. INCREASE IN MAXIMUM PENALTY FOR ASSAULT.

7 (a) CERTAIN OFFICERS AND EMPLOYEES.—Section

8 111 of title 18, United States Code, is amended—

9 (1) in subsection (a) by inserting ‘‘, where the

10 acts in violation of this section constitute only simple

11 assault, be fined under this title, imprisoned not

12 more than 1 year, or both, and in all other cases,’’

13 after ‘‘shall’’; and

14 (2) in subsection (b) by inserting ‘‘or inflicts

15 bodily injury’’ after ‘‘weapon’’.

16 (b) FOREIGN OFFICIALS, OFFICIAL GUESTS, AND

17 INTERNATIONALLY PROTECTED PERSONS.—Section

18 112(a) of title 18, United States Code, is amended—

19 (1) by striking ‘‘not more than $5,000’’ and in20 serting ‘‘under this title’’;

21 (2) by inserting ‘‘, or inflicts bodily injury,’’

22 after ‘‘weapon’’; and

23 (3) by striking ‘‘not more than $10,000’’ and

24 inserting ‘‘under this title’’.
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1 (c) MARITIME AND TERRITORIAL JURISDICTION.—

2 Section 113 of title 18, United States Code, is amended—

3 (1) in subsection (c)—

4 (A) by striking ‘‘of not more than $1,000’’

5 and inserting ‘‘under this title’’; and

6 (B) by striking ‘‘five’’ and inserting ‘‘10’’;

7 and

8 (2) in subsection (e)—

9 (A) by striking ‘‘of not more than $300’’

10 and inserting ‘‘under this title’’; and

11 (B) by striking ‘‘three’’ and inserting ‘‘6’’.

12 (d) CONGRESS, CABINET, OR SUPREME COURT.—

13 Section 351(e) of title 18, United States Code, is amend14 ed—

15 (1) by striking ‘‘not more than $5,000,’’ and in16 serting ‘‘under this title,’’;

17 (2) by inserting ‘‘the assault involved the use of

18 a dangerous weapon, or’’ after ‘‘if’’;

19 (3) by striking ‘‘not more than $10,000’’ and

20 inserting ‘‘under this title’’; and

21 (4) by striking ‘‘for’’.

22 (e) PRESIDENT AND PRESIDENT’S STAFF.—Section

23 1751(e) of title 18, United States Code, is amended—

24 (1) by striking ‘‘not more than $10,000,’’ each

25 place it appears and inserting ‘‘under this title,’’;
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1 (2) by striking ‘‘not more than $5,000,’’ and in2 serting ‘‘under this title,’’; and

3 (3) by inserting ‘‘the assault involved the use of

4 a dangerous weapon, or’’ after ‘‘if’’.

5 SEC. 1303. INCREASED MAXIMUM PENALTY FOR MAN6 SLAUGHTER.

7 Section 1112 of title 18, United States Code, is

8 amended—

9 (1) in subsection (b)—

10 (A) by inserting ‘‘fined under this title or’’

11 after ‘‘shall be’’ in the second undesignated

12 paragraph; and

13 (B) by inserting ‘‘, or both’’ after ‘‘years’’;

14 (2) by striking ‘‘not more than $1,000’’ and in15 serting ‘‘under this title’’; and

16 (3) by striking ‘‘three’’ and inserting ‘‘6’’.

17 SEC. 1304. INCREASED PENALTY FOR TRAVEL ACT VIOLA18 TIONS.

19 Section 1952(a) of title 18, United States Code, is

20 amended by striking ‘‘and thereafter performs or attempts

21 to perform any of the acts specified in subparagraphs (1),

22 (2), and (3), shall be fined not more than $10,000 or im23 prisoned for not more than five years, or both’’ and insert24 ing ‘‘and thereafter performs or attempts to perform—
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1 ‘‘(A) an act described in paragraph (1) or (3)

2 shall be fined under this title, imprisoned not more

3 than 5 years, or both; or

4 ‘‘(B) an act described in paragraph (2) shall be

5 fined under this title, imprisoned for not more than

6 20 years, or both, and if death results shall be im7 prisoned for any term of years or for life.’’.

8 SEC. 1305. INCREASED PENALTY FOR CONSPIRACY TO COM9 MIT MURDER FOR HIRE.

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

11 amended by inserting ‘‘or who conspires to do so’’ before

12 ‘‘shall be fined’’ the first place it appears.

13 Subtitle B—Civil Rights Offenses

14 SEC. 1311. INCREASED MAXIMUM PENALTIES FOR CIVIL

15 RIGHTS VIOLATIONS.

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

17 title 18, United States Code, is amended—

18 (1) by striking ‘‘not more than $10,000’’ and

19 inserting ‘‘under this title’’;

20 (2) by inserting ‘‘from the acts committed in

21 violation of this section or if such acts include kid22 napping or an attempt to kidnap, aggravated sexual

23 abuse or an attempt to commit aggravated sexual

24 abuse, or an attempt to kill’’ after ‘‘results’’; and
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1 (3) by inserting ‘‘and may be fined under this

2 title, or both’’ before the period.

3 (b) DEPRIVATION OF RIGHTS.—Section 242 of title

4 18, United States Code, is amended—

5 (1) by striking ‘‘not more than $1,000’’ and in6 serting ‘‘under this title’’;

7 (2) by inserting ‘‘from the acts committed in

8 violation of this section or if such acts include the

9 use, attempted use, or threatened use of a dangerous

10 weapon, explosives, or fire,’’ after ‘‘bodily injury re11 sults’’;

12 (3) by inserting ‘‘from the acts committed in

13 violation of this section or if such acts include kid14 napping or an attempt to kidnap, aggravated sexual

15 abuse, or an attempt to commit aggravated sexual

16 abuse, or an attempt to kill,’’ after ‘‘death results’’;

17 and

18 (4) by inserting ‘‘and may be fined under this

19 title, or both’’ before the period.

20 (c) FEDERALLY PROTECTED ACTIVITIES.—The first

21 sentence of section 245(b) of title 18, United States Code,

22 is amended in the matter following paragraph (5)—

23 (1) by striking ‘‘not more than $1,000’’ and

24 inserting ‘‘under this title’’;
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1 (2) by inserting ‘‘from the acts committed in

2 violation of this section or if such acts include the

3 use, attempted use, or threatened use of a dangerous

4 weapon, explosives, or fire’’ after ‘‘bodily injury

5 results;

6 (3) by striking ‘‘not more than $10,000’’ and

7 inserting ‘‘under this title’’;

8 (4) by inserting ‘‘from the acts committed in

9 violation of this section or if such acts include kid10 napping or an attempt to kidnap, aggravated sexual

11 abuse or an attempt to commit aggravated sexual

12 abuse, or an attempt to kill,’’ after ‘‘death results’’;

13 and

14 (5) by inserting ‘‘and may be fined under this

15 title, or both’’ before the period.

16 (d) DAMAGE TO RELIGIOUS PROPERTY.—Section

17 247 of title 18, United States Code, is amended—

18 (1) in subsection (c)(1) by inserting ‘‘from acts

19 committed in violation of this section or if such acts

20 include kidnapping or an attempt to kidnap, aggra21 vated sexual abuse or an attempt to commit aggra22 vated sexual abuse, or an attempt to kill’’ after

23 ‘‘death results’’;

24 (2) in subsection (c)(2)—

25 (A) by striking ‘‘serious’’; and
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1 (B) by inserting ‘‘from the acts committed

2 in violation of this section or if such acts in3 clude the use, attempted use, or threatened use

4 of a dangerous weapon, explosives, or fire’’

5 after ‘‘bodily injury results’’; and

6 (3) by amending subsection (e) to read as fol7 lows:

8 ‘‘(e) As used in this section, the term ‘religious prop9 erty’ means any church, synagogue, mosque, religious

10 cemetery, or other religious property.’’.

11 (e) FAIR HOUSING ACT.—Section 901 of the Fair

12 Housing Act (42 U.S.C. 3631) is amended—

13 (1) by striking ‘‘not more than $1,000,’’ and in14 serting ‘‘under title 18, United States Code,’’;

15 (2) by inserting ‘‘from the acts committed in

16 violation of this section or if such acts include the

17 use, attempted use, or threatened use of a dangerous

18 weapon, explosives, or fire’’ after ‘‘bodily injury re19 sults’’;

20 (3) by striking ‘‘not more than $10,000,’’ and

21 inserting ‘‘under title 18, United States Code,’’;

22 (4) by inserting ‘‘from the acts committed in

23 violation of this section or if such acts include kid24 napping or an attempt to kidnap, aggravated sexual
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1 abuse or an attempt to commit aggravated sexual

2 abuse, or an attempt to kill’’ after ‘‘death results’’;

3 (5) by striking ‘‘subject to imprisonment’’ and

4 inserting ‘‘fined under title 18, United States Code,

5 or imprisoned’’; and

6 (6) by inserting ‘‘, or both’’ after ‘‘life’’.

7 Subtitle C—White Collar and

8 Property Crimes

9 SEC. 1321. RECEIPT OF PROCEEDS OF A POSTAL ROBBERY.

10 Section 2114 of title 18, United States Code, is

11 amended—

12 (1) by striking ‘‘Whoever’’ and inserting ‘‘(a)

13 ROBBERY.—Whoever’’; and

14 (2) by adding at the end the following new sub15 section:

16 ‘‘(b) RECEIPT OF PROCEEDS.—Whoever receives,

17 possesses, conceals, or disposes of any money or other

18 property that has been obtained in violation of this section,

19 knowing the same to have been unlawfully obtained, shall

20 be imprisoned not more than 10 years, fined under this

21 title, or both.’’.

22 SEC. 1322. RECEIPT OF PROCEEDS OF EXTORTION OR

23 KIDNAPPING.

24 (a) EXTORTION.—Chapter 41 of title 18, United

25 States Code, is amended—
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1 (1) by adding at the end the following new

2 section:

3 ‘‘§ 880. Receipt of proceeds of extortion

4 ‘‘Whoever receives, possesses, conceals, or disposes of

5 any money or other property that was obtained from the

6 commission of any offense under this chapter that is pun7 ishable by imprisonment for more than 1 year, knowing

8 the same to have been unlawfully obtained, shall be im9 prisoned not more than 3 years, fined under this title, or

10 both.’’; and

11 (2) in the chapter analysis, by adding at the

12 end the following new item:

‘‘880. Receipt of proceeds of extortion.’’.

13 (b) KIDNAPPING.—Section 1202 of title 18, United

14 States Code, is amended—

15 (1) by striking ‘‘Whoever’’ and inserting ‘‘(a)

16 VIOLATION OF SECTION 1201.—Whoever’’; and

17 (2) by adding at the end the following new sub18 sections:

19 ‘‘(b) VIOLATION OF STATE LAW.—Whoever trans20 ports, transmits, or transfers in interstate or foreign com21 merce any proceeds of a kidnapping punishable under

22 State law by imprisonment for more than 1 year, or re23 ceives, possesses, conceals, or disposes of any such pro24 ceeds after they have crossed a State or United States

25 boundary, knowing the proceeds to have been unlawfully
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1 obtained, shall be imprisoned not more than 10 years,

2 fined under this title, or both.

3 ‘‘(c) DEFINITION.—For purposes of this section, the

4 term ‘State’ has the meaning stated in section 245(d).’’.

5 SEC. 1323. CONFORMING ADDITION TO OBSTRUCTION OF

6 CIVIL INVESTIGATIVE DEMAND STATUTE.

7 Section 1505 of title 18, United States Code, is

8 amended by inserting ‘‘section 1968 of this title, section

9 3733 of title 31, United States Code, or’’ before ‘‘the Anti10 trust Civil Process Act’’.

11 SEC. 1324. CONFORMING ADDITION OF PREDICATE OF12 FENSES TO FINANCIAL INSTITUTIONS RE13 WARDS STATUTE.

14 Section 3059A of title 18, United States Code, is

15 amended—

16 (1) by inserting ‘‘225,’’ after ‘‘215’’;

17 (2) by striking ‘‘or’’ before ‘‘1344’’; and

18 (3) by inserting ‘‘, or 1517’’ after ‘‘1344’’.

19 SEC. 1325. DEFINITION OF SAVINGS AND LOAN ASSOCIA20 TION IN BANK ROBBERY STATUTE.

21 Section 2113 of title 18, United States Code, is

22 amended by adding at the end the following new sub23 section:

24 ‘‘(h) As used in this section, the term ‘savings and

25 loan association’ means—
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1 ‘‘(1) any Federal saving association or State

2 savings association (as defined in section 3(b) of the

3 Federal Deposit Insurance Act (12 U.S.C. 1813(b)))

4 having accounts insured by the Federal Deposit In5 surance Corporation; and

6 ‘‘(2) any corporation described in section

7 3(b)(1)(C) of the Federal Deposit Insurance Act (12

8 U.S.C. 1813(b)(1)(C)) that is operating under the

9 laws of the United States.’’.

10 SEC. 1326. CONFORMING DEFINITION OF ‘‘1 YEAR PERIOD’’

11 IN 18 U.S.C. 1516.

12 Section 1516(b) of title 18, United States Code, is

13 amended—

14 (1) by inserting ‘‘(i)’’ before ‘‘the term’’; and

15 (2) by inserting before the period the following:

16 ‘‘, and (ii) the term ‘in any 1 year period’ has the

17 meaning given to the term ‘in any one-year period’

18 in section 666.’’.

19 SEC. 1327. FINANCIAL INSTITUTIONS FRAUD.

20 (a) FEDERAL DEPOSIT INSURANCE ACT.—Section

21 19(a)(2)(A)(i)(I) of the Federal Deposit Insurance Act

22 (12 U.S.C. 1829(a)(2)(A)(i)(I)) is amended by striking

23 ‘‘or 1956’’ and inserting ‘‘1517, 1956, or 1957’’.
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1 (b) FEDERAL CREDIT UNION ACT.—Section 205(d)

2 of the Federal Credit Union Act (12 U.S.C. 1785(d)) is

3 amended to read as follows:

4 ‘‘(d) PROHIBITION.—

5 ‘‘(1) IN GENERAL.—Except with prior written

6 consent of the Board—

7 ‘‘(A) any person who has been convicted of

8 any criminal offense involving dishonesty or a

9 breach of trust, or has agreed to enter into a

10 pretrial diversion or similar program in connec11 tion with a prosecution for such offense, may

12 not—

13 ‘‘(i) become, or continue as, an insti14 tution-affiliated party with respect to any

15 insured credit union; or

16 ‘‘(ii) otherwise participate, directly or

17 indirectly, in the conduct of the affairs of

18 any insured credit union; and

19 ‘‘(B) any insured credit union may not

20 permit any person referred to in subparagraph

21 (A) to engage in any conduct or continue any

22 relationship prohibited under such subpara23 graph.

24 ‘‘(2) MINIMUM 10-YEAR PROHIBITION PERIOD

25 FOR CERTAIN OFFENSES.—
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1 ‘‘(A) IN GENERAL.—If the offense referred

2 to in paragraph (1)(A) in connection with any

3 person referred to in such paragraph is—

4 ‘‘(i) an offense under—

5 ‘‘(I) section 215, 656, 657, 1005,

6 1006, 1007, 1008, 1014, 1032, 1344,

7 1517, 1956, or 1957 of title 18, Unit8 ed States Code; or

9 ‘‘(II) section 1341 or 1343 of

10 such title which affects any financial

11 institution (as defined in section 20 of

12 such title); or

13 ‘‘(ii) the offense of conspiring to com14 mit any such offense,

15 the Board may not consent to any exception to

16 the application of paragraph (1) to such person

17 during the 10-year period beginning on the date

18 the conviction or the agreement of the person

19 becomes final.

20 ‘‘(B) EXCEPTION BY ORDER OF SENTENC21 ING COURT.—

22 ‘‘(i) IN GENERAL.—On motion of the

23 Board, the court in which the conviction or

24 the agreement of a person referred to in

25 subparagraph (A) has been entered may
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1 grant an exception to the application of

2 paragraph (1) to such person if granting

3 the exception is in the interest of justice.

4 ‘‘(ii) PERIOD FOR FILING.—A motion

5 may be filed under clause (i) at any time

6 during the 10-year period described in sub7 paragraph (A) with regard to the person

8 on whose behalf such motion is made.

9 ‘‘(3) PENALTY.—Whoever knowingly violates

10 paragraph (1) or (2) shall be fined not more than

11 $1,000,000 for each day such prohibition is violated

12 or imprisoned for not more than 5 years, or both.’’.

13 (c) CRIME CONTROL ACT OF 1990.—Section 2546 of

14 the Crime Control Act of 1990 (28 U.S.C. 522 note; 104

15 Stat. 4885) is amended by adding at the end the following

16 new subsection:

17 ‘‘(c) FRAUD TASK FORCES REPORT.—In addition to

18 the reports required under subsection (a), the Attorney

19 General is encouraged to submit a report to the Congress

20 containing the findings of the financial institutions fraud

21 task forces established under section 2539 as they relate

22 to the collapse of private deposit insurance corporations,

23 together with recommendations for any regulatory or leg24 islative changes necessary to prevent such collapses in the

25 future.’’.
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1 SEC. 1328. WIRETAPS.

2 Section 2511(1) of title 18, United States Code, is

3 amended—

4 (1) by striking ‘‘or’’ at the end of paragraph

5 (c);

6 (2) by adding ‘‘or’’ at the end of paragraph (d);

7 and

8 (3) by inserting after paragraph (d) the follow9 ing new paragraph:

10 ‘‘(e) intentionally uses, discloses, or endeavors

11 to disclose, to any other person the contents of any

12 wire, oral, or electronic communication, intercepted

13 by means authorized by sections 2511(2)(A)(ii),

14 2511 (b) and (c), 2511(e), 2516, and 2518, knowing

15 or having reason to know that the information was

16 obtained through the interception of such a commu17 nication in connection with a criminal investigation,

18 having obtained or received the information in con19 nection with a criminal investigation, with intent to

20 improperly obstruct, impede, or interfere with a duly

21 authorized criminal investigation,’’.

22 SEC. 1329. KNOWLEDGE REQUIREMENT FOR STOLEN OR

23 COUNTERFEIT PROPERTY.

24 (a) OFFENSE.—Chapter 1 of title 18, United States

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

26 section:
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1 ‘‘§ 21. Stolen or counterfeit nature of property for

2 certain crimes defined

3 ‘‘(a) ESTABLISHMENT OF ELEMENT OF OFFENSE.—

4 Wherever in this title it is an element of an offense that

5 any property was embezzled, robbed, stolen, converted,

6 taken, altered, counterfeited, falsely made, forged, or oblit7 erated and that the defendant knew that the property was

8 of such character, the element may be established by proof

9 that the defendant, after or as a result of an official rep10 resentation as to the nature of the property, believed the

11 property to be embezzled, robbed, stolen, converted, taken,

12 altered, counterfeited, falsely made, forged, or obliterated.

13 ‘‘(b) DEFINITION.—For purposes of this section, the

14 term ‘official representation’ means a representation made

15 by a Federal law enforcement officer (as defined in section

16 115) or by another person at the direction or with the

17 approval of such an officer.’’.

18 (b) TECHNICAL AMENDMENT.—The chapter analysis

19 for chapter 1 of title 18, United States Code, is amended

20 by adding at the end thereof the following new item:

‘‘21. Stolen or counterfeit nature of property for certain crimes defined.’’.

21 SEC. 1330. MAIL FRAUD.

22 Section 1341 of title 18, United States Code, is

23 amended—

24 (1) by inserting ‘‘or deposits or causes to be de25 posited any matter or thing whatever to be sent or
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1 delivered by any private or commercial interstate

2 carrier,’’ after ‘‘Postal Service,’’; and

3 (2) by inserting ‘‘or such carrier’’ after ‘‘causes

4 to be delivered by mail’’.

5 SEC. 1331. FRAUD AND RELATED ACTIVITY IN CONNECTION

6 WITH ACCESS DEVICES.

7 Section 1029 of title 18, United States Code, is

8 amended—

9 (1) in subsection (a)—

10 (A) by striking ‘‘or’’ at the end of para11 graph (3); and

12 (B) by inserting after paragraph (4) the

13 following new paragraphs:

14 ‘‘(5) knowingly, and with intent to defraud, ef15 fects transactions, with 1 or more access devices is16 sued to another person, to receive anything of value

17 aggregating $1,000 or more during any 1-year pe18 riod;

19 ‘‘(6) without the authorization of the issuer of

20 the access device, knowingly and with intent to de21 fraud solicits a person for the purpose of—

22 ‘‘(A) offering an access device; or

23 ‘‘(B) selling information regarding or an

24 application to obtain an access device; or
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1 ‘‘(7) without the authorization of the credit

2 card system member or its agent, knowingly and

3 with intent to defraud causes or arranges for an4 other person to present to the member or its agent,

5 for payment, 1 or more evidences or records of

6 transactions made by an access device;’’;

7 (2) in subsection (c)(1) by striking ‘‘(a)(2) or

8 (a)(3)’’ and inserting ‘‘(a) (2), (3), (5), (6), or (7)’’;

9 and

10 (3) in subsection (e)—

11 (A) by striking ‘‘and’’ at the end of para12 graph (5);

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

14 paragraph (6) and inserting ‘‘; and’’; and

15 (C) by adding at the end the following new

16 paragraph:

17 ‘‘(7) the term ‘credit card system member’

18 means a financial institution or other entity that is

19 a member of a credit card system, including an en20 tity, whether affiliated with or identical to the credit

21 card issuer, that is the sole member of a credit card

22 system.’’.
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1 SEC. 1332. INCREASED PENALTIES FOR TRAFFICKING IN

2 COUNTERFEIT GOODS AND SERVICES.

3 (a) IN GENERAL.—Section 2320(a) of title 18,

4 United States Code, is amended—

5 (1) in the first sentence—

6 (A) by striking ‘‘$250,000 or imprisoned

7 not more than five years’’ and inserting

8 ‘‘$2,000,000, imprisoned not more than 10

9 years’’; and

10 (B) by striking ‘‘not more than

11 $1,000,000’’ and inserting ‘‘not more than

12 $5,000,000’’; and

13 (2) in the second sentence—

14 (A) by striking ‘‘$1,000,000 or imprisoned

15 not more than fifteen years’’ and inserting

16 ‘‘$5,000,000, imprisoned not more than 20

17 years’’; and

18 (B) by striking ‘‘not more than

19 $5,000,000’’ and inserting ‘‘not more than

20 $15,000,000’’.

21 (b) LAUNDERING MONETARY INSTRUMENTS.—Sec22 tion 1956(c)(7)(D) of title 18, United States Code, is

23 amended by striking ‘‘or section 2319 (relating to copy24 right infringement),’’ and inserting ‘‘section 2319 (relat25 ing to copyright infringement), or section 2320 (relating

26 to trafficking in counterfeit goods and services).’’.
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1 SEC. 1333. COMPUTER ABUSE AMENDMENTS ACT OF 1993.

2 (a) SHORT TITLE.—This section may be cited as the

3 ‘‘Computer Abuse Amendments Act of 1993’’.

4 (b) PROHIBITION.—Section 1030(a)(5) of title 18,

5 United States Code, is amended to read as follows:

6 ‘‘(5)(A) through means of or in a manner af7 fecting a computer used in interstate commerce or

8 communications, knowingly causes the transmission

9 of a program, information, code, or command to a

10 computer or computer system if—

11 ‘‘(i) the person causing the transmission

12 intends that such transmission will—

13 ‘‘(I) damage, or cause damage to, a

14 computer, computer system, network, in15 formation, data, or program; or

16 ‘‘(II) withhold or deny, or cause the

17 withholding or denial, of the use of a com18 puter, computer services, system or net19 work, information, data or program; and

20 ‘‘(ii) the transmission of the harmful com21 ponent of the program, information, code, or

22 command—

23 ‘‘(I) occurred without the knowledge

24 and authorization of the persons or entities

25 who own or are responsible for the com-
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1 puter system receiving the program, infor2 mation, code, or command; and

3 ‘‘(II)(aa) causes loss or damage to 1

4 or more other persons of value aggregating

5 $1,000 or more during any 1-year period;

6 or

7 ‘‘(bb) modifies or impairs, or poten8 tially modifies or impairs, the medical ex9 amination, medical diagnosis, medical

10 treatment, or medical care of one or more

11 individuals; or

12 ‘‘(B) through means of or in a manner affecting

13 a computer used in interstate commerce or commu14 nication, knowingly causes the transmission of a pro15 gram, information, code, or command to a computer

16 or computer system—

17 ‘‘(i) with reckless disregard of a substan18 tial and unjustifiable risk that the transmission

19 will—

20 ‘‘(I) damage, or cause damage to, a

21 computer, computer system, network, in22 formation, data or program; or

23 ‘‘(II) withhold or deny or cause the

24 withholding or denial of the use of a com-
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1 puter, computer services, system, network,

2 information, data or program; and

3 ‘‘(ii) if the transmission of the harmful

4 component of the program, information, code,

5 or command—

6 ‘‘(I) occurred without the knowledge

7 and authorization of the persons or entities

8 who own or are responsible for the com9 puter system receiving the program, infor10 mation, code, or command; and

11 ‘‘(II)(aa) causes loss or damage to 1

12 or more other persons of a value aggregat13 ing $1,000 or more during any 1-year pe14 riod; or

15 ‘‘(bb) modifies or impairs, or poten16 tially modifies or impairs, the medical ex17 amination, medical diagnosis, medical

18 treatment, or medical care of one or more

19 individuals; or’’.

20 (c) PENALTY.—Section 1030(c) of title 18, United

21 States Code is amended—

22 (1) in paragraph (2)(B) by striking ‘‘and’’ after

23 the semicolon;

24 (2) in paragraph (3)(A) by inserting ‘‘(A)’’

25 after ‘‘(a)(5)’’; and
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1 (3) in paragraph (3)(B) by striking the period

2 at the end and inserting ‘‘; and’’; and

3 (4) by adding at the end the following new

4 paragraph:

5 ‘‘(4) a fine under this title, imprisonment for

6 not more than 1 year, or both, in the case of an of7 fense under subsection (a)(5)(B).’’.

8 (d) CIVIL ACTION.—Section 1030 of title 18, United

9 States Code, is amended by adding at the end the follow10 ing new subsection:

11 ‘‘(g) A person who suffers damage or loss by reason

12 of a violation of the section, other than a violation of sub13 section (a)(5)(B), may maintain a civil action against the

14 violator to obtain compensatory damages and injunctive

15 relief or other equitable relief. Damages for violations of

16 any subsection other than subsection (a)(5)(A)(ii)(II)(bb)

17 or (a)(5)(B)(ii)(II)(bb) are limited to economic damages.

18 No action may be brought under this subsection unless

19 the action is begun within 2 years of the date of the act

20 complained of or the date of the discovery of the

21 damage.’’.

22 (e) REPORTING REQUIREMENTS.—Section 1030 of

23 title 18 United States Code, as amended by subsection (d),

24 is amended by adding at the end the following new sub25 section:
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1 ‘‘(h) The Attorney General shall report to the Con2 gress annually, during the first 3 years following the date

3 of the enactment of this subsection, concerning prosecu4 tions under subsection (a)(5).’’.

5 (f) DEFINITION.—Section 1030(e)(1) of title 18

6 United States Code, is amended by striking ‘‘, but such

7 term does not include an automated typewriter or type8 setter, a portable hand held calculator, or other similar

9 device’’.

10 (g) PROHIBITION.—Section 1030(a)(3) of title 18

11 United States Code, is amended by inserting ‘‘adversely’’

12 before ‘‘affects the use of the Government’s operation of

13 such computer’’.

14 SEC. 1334. NOTIFICATION OF LAW ENFORCEMENT OFFI15 CERS OF DISCOVERIES OF CONTROLLED SUB16 STANCES OR LARGE AMOUNTS OF CASH IN

17 WEAPONS SCREENING.

18 Section 315 of the Federal Aviation Act of 1958 (49

19 U.S.C. App. 1356) is amended—

20 (1) by redesignating subsection (c) as sub21 section (d); and

22 (2) by inserting after subsection (b) the follow23 ing new subsection:

24 ‘‘(c) DISCOVERIES OF CONTROLLED SUBSTANCES OR

25 CASH IN EXCESS OF $10,000.—Not later than 90 days
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1 after the date of enactment of this subsection, the Admin2 istrator shall issue regulations requiring employees and

3 agents described in subsection (a) to report to appropriate

4 Federal and State law enforcement officers any incident

5 in which the employee or agent, in the course of conduct6 ing screening procedures pursuant to subsection (a), dis7 covers—

8 ‘‘(1) a controlled substance the possession of

9 which may be a violation of Federal or State law; or

10 ‘‘(2) an amount of cash in excess of $10,000

11 the possession of which may be a violation of Fed12 eral or State law.’’.

13 Subtitle D—Other Provisions

14 SEC. 1361. OPTIONAL VENUE FOR ESPIONAGE AND RELAT15 ED OFFENSES.

16 (a) IN GENERAL.—Chapter 211 of title 18, United

17 States Code, is amended by inserting after section 3238

18 the following new section:

19 ‘‘§ 3239. Optional venue for espionage and related

20 offenses

21 ‘‘The trial for any offense involving a violation, begun

22 or committed upon the high seas or elsewhere out of the

23 jurisdiction of any particular State or district, of—

24 ‘‘(1) section 793, 794, 798, or section

25 1030(a)(1) of this title;
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1 ‘‘(2) section 601 of the National Security Act of

2 1947 (50 U.S.C. 421); or

3 ‘‘(3) section 4 (b) or (c) of the Subversive Ac4 tivities Control Act of 1950 (50 U.S.C. 783 (b) and

5 (c)),

6 may be in the District of Columbia or in any other district

7 authorized by law.’’.

8 (b) TECHNICAL AMENDMENT.—The chapter analysis

9 for chapter 211 of title 18, United States Code, is amend10 ed by inserting after the item relating to section 3238 the

11 following new item:

‘‘3239. Optional venue for espionage and related offense.’’.

12 SEC. 1362. REQUIRED REPORTING BY CRIMINAL COURT

13 CLERKS.

14 (a) IN GENERAL.—Each clerk of a Federal or State

15 criminal court shall report to the Internal Revenue Serv16 ice, in a form and manner as prescribed by the Secretary

17 of the Treasury, the name and taxpayer identification

18 number of—

19 (1) any individual charged with any criminal of20 fense who posts cash bail, or on whose behalf cash

21 bail is posted, in an amount exceeding $10,000; and

22 (2) any individual or entity (other than a li23 censed bail bonding individual or entity) posting

24 such cash bail for or on behalf of such individual.
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1 (b) CRIMINAL OFFENSES.—For purposes of this sec2 tion—

3 (1) the term ‘‘criminal offense’’ means—

4 (A) any Federal criminal offense involving

5 a controlled substance;

6 (B) racketeering;

7 (C) money laundering; and

8 (D) any violation of State criminal law in9 volving offenses substantially similar to the of10 fenses described in the preceding paragraphs;

11 (2) the term ‘‘money laundering’’ means an of12 fense under section 1956 or 1957 of title 18, United

13 States Code; and

14 (3) the term ‘‘racketeering’’ means an offense

15 under section 1951, 1952, or 1955 of title 18, Unit16 ed States Code.

17 (c) COPY TO PROSECUTORS.—Each clerk shall sub18 mit a copy of each report of cash bail described in sub19 section (a) to—

20 (1) the office of the United States Attorney;

21 and

22 (2) the office of the local prosecuting attorney,

23 for the jurisdiction in which the defendant resides (and

24 the jurisdiction in which the criminal offense occurred, if

25 different).
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1 (d) REGULATIONS.—The Secretary of the Treasury

2 shall promulgate such regulations as are necessary to im3 plement this section within 90 days after the date of en4 actment of this Act.

5 (e) EFFECTIVE DATE.—This section shall become ef6 fective on the date that is 60 days after the date of the

7 promulgation of regulations under subsection (d).

8 SEC. 1363. AUDIT REQUIREMENT FOR STATE AND LOCAL

9 LAW ENFORCEMENT AGENCIES RECEIVING

10 FEDERAL ASSET FORFEITURE FUNDS AND

11 REPORT TO CONGRESS ON ADMINISTRATIVE

12 EXPENSES.

13 (a) IN GENERAL.—Section 524(c)(7) of title 28,

14 United States Code, is amended to read as follows:

15 ‘‘(7)(A) The Fund shall be subject to annual audit

16 by the Comptroller General.

17 ‘‘(B) The Attorney General shall require that any

18 State or local law enforcement agency receiving funds con19 duct an annual audit detailing the uses and expenses to

20 which the funds were dedicated and the amount used for

21 each use or expense and report the results of the audit

22 to the Attorney General.’’.

23 (b) REPORT TO CONGRESS.—Section 524(c)(6) of

24 title 28, United States Code, is amended—
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1 (1) by striking ‘‘and’’ at the end of subpara2 graph (B);

3 (2) by striking the period at the end of sub4 paragraph (C) and inserting ‘‘, which report should

5 also contain all annual audit reports from State and

6 local law enforcement agencies required to be re7 ported to the Attorney General under paragraph

8 (7)(B).’’; and

9 (3) by adding at the end the following new sub10 paragraph:

11 ‘‘(D) a report for the fiscal year containing a

12 description of the administrative and contracting ex13 penses paid from the Fund under paragraph

14 (1)(A).’’.

15 SEC. 1364. DNA IDENTIFICATION.

16 (a) FUNDING TO IMPROVE THE QUALITY AND AVAIL17 ABILITY OF DNA ANALYSES FOR LAW ENFORCEMENT

18 IDENTIFICATION PURPOSES.—

19 (1) DRUG CONTROL AND SYSTEM IMPROVE20 MENT GRANT PROGRAM.—Section 501(b) of title I of

21 the Omnibus Crime Control and Safe Streets Act of

22 1968 (42 U.S.C. 3751(b)), as amended by section

23 531, is amended—

24 (A) by striking ‘‘and’’ at the end of para25 graph (20);
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1 (B) by striking the period at the end of

2 paragraph (21) and inserting ‘‘; and’’; and

3 (C) by adding at the end the following new

4 paragraph:

5 ‘‘(22) developing or improving in a forensic lab6 oratory a capability to analyze deoxyribonucleic acid

7 (referred to in this title as ‘DNA’) for identification

8 purposes.’’.

9 (2) STATE APPLICATIONS.—Section 503(a) of

10 title I of the Omnibus Crime Control and Safe

11 Streets Act of 1968 (42 U.S.C. 3753(a)) is amended

12 by adding at the end the following new paragraph:

13 ‘‘(12) If any part of a grant made under this

14 part is to be used to develop or improve a DNA

15 analysis capability in a forensic laboratory, a certifi16 cation that—

17 ‘‘(A) DNA analyses performed at the lab18 oratory will satisfy or exceed then current

19 standards for a quality assurance program for

20 DNA analysis issued by the Director of the

21 Federal Bureau of Investigation under section

22 1388(b) of the Crime Control Act of 1993;

23 ‘‘(B) DNA samples obtained by and DNA

24 analyses performed at the laboratory will be

25 made available only—
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1 ‘‘(i) to criminal justice agencies, for

2 law enforcement identification purposes;

3 ‘‘(ii) for criminal defense purposes, to

4 a defendant, who shall have access to sam5 ples and analyses performed in connection

6 with the case in which the defendant is

7 charged; and

8 ‘‘(iii) to others, if personally identifi9 able information is removed, for a popu10 lation statistics database, for identification

11 research and protocol development pur12 poses, or for quality control purposes; and

13 ‘‘(C) the laboratory and each analyst per14 forming DNA analyses at the laboratory will

15 undergo, at regular intervals not exceeding 180

16 days, external proficiency testing by a DNA

17 proficiency testing program meeting the stand18 ards issued under section 1388(b) of the Crime

19 Control Act of 1993.’’.

20 (3) AUTHORIZATION OF APPROPRIATIONS.—For

21 each of the fiscal years 1994, 1995, and 1996 there

22 are authorized to be appropriated such sums as are

23 necessary for grants to the States for DNA analysis.

24 (b) QUALITY ASSURANCE AND PROFICIENCY TEST25 ING STANDARDS.—
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1 (1) PUBLICATION OF QUALITY ASSURANCE AND

2 PROFICIENCY TESTING STANDARDS.—(A) Not later

3 than 180 days after the date of enactment of this

4 Act, the Director of the Federal Bureau of Inves5 tigation shall appoint an advisory board on DNA

6 quality assurance methods. The Director shall ap7 point members of the board from among nomina8 tions proposed by the head of the National Academy

9 of Sciences and professional societies of crime lab10 oratory directors. The advisory board shall include

11 as members scientists from State and local forensic

12 laboratories, molecular geneticists and population ge13 neticists not affiliated with a forensic laboratory,

14 and a representative from the National Institute of

15 Standards and Technology. The advisory board shall

16 develop, and if appropriate, periodically revise, rec17 ommended standards for quality assurance, includ18 ing standards for testing the proficiency of forensic

19 laboratories, and forensic analysts, in conducting

20 analyses of DNA.

21 (B) The Director of the Federal Bureau of In22 vestigation, after taking into consideration such rec23 ommended standards, shall issue (and revise from

24 time to time) standards for quality assurance, in25 cluding standards for testing the proficiency of fo-
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1 rensic laboratories, and forensic analysts, in con2 ducting analyses of DNA.

3 (C) The standards described in subparagraphs

4 (A) and (B) shall specify criteria for quality assur5 ance and proficiency tests to be applied to the var6 ious types of DNA analyses used by forensic labora7 tories. The standards shall also include a system for

8 grading proficiency testing performance to determine

9 whether a laboratory is performing acceptably.

10 (D) Until such time as the advisory board has

11 made recommendations to the Director of the Fed12 eral Bureau of Investigation and the Director has

13 acted upon those recommendations, the quality as14 surance guidelines adopted by the technical working

15 group on DNA analysis methods shall be deemed the

16 Director’s standards for purposes of this section.

17 (2) ADMINISTRATION OF THE ADVISORY

18 BOARD.—For administrative purposes, the advisory

19 board appointed under paragraph (1) shall be con20 sidered to be an advisory board to the Director of

21 the Federal Bureau of Investigation. Section 14 of

22 the Federal Advisory Committee Act (5 U.S.C.

23 App.) shall not apply with respect to the advisory

24 board appointed under subsection (a). The board

25 shall cease to exist on the date that is 5 years after
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1 the date on which initial appointments are made to

2 the board, unless the existence of the board is ex3 tended by the Director of the Federal Bureau of In4 vestigation.

5 (c) INDEX TO FACILITATE LAW ENFORCEMENT EX6 CHANGE OF DNA IDENTIFICATION INFORMATION.—

7 (1) IN GENERAL.—The Director of the Federal

8 Bureau of Investigation may establish an index of—

9 (A) DNA identification records of persons

10 convicted of crimes;

11 (B) analyses of DNA samples recovered

12 from crime scenes; and

13 (C) analyses of DNA samples recovered

14 from unidentified human remains.

15 (2) CONTENTS.—The index established under

16 paragraph (1) shall include only information on

17 DNA identification records and DNA analyses that

18 are—

19 (A) based on analyses performed in accord20 ance with publicly available standards that sat21 isfy or exceed the guidelines for a quality assur22 ance program for DNA analysis, issued by the

23 Director of the Federal Bureau of Investigation

24 under section 1364(b) of the Crime Control Act

25 of 1993;
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1 (B) prepared by laboratories and DNA an2 alysts that undergo, at regular intervals not ex3 ceeding 180 days, external proficiency testing

4 by a DNA proficiency testing program meeting

5 the standards issued under section 1364(b) of

6 the Crime Control Act of 1993; and

7 (C) maintained by Federal, State, and

8 local criminal justice agencies pursuant to rules

9 that allow disclosure of stored DNA samples

10 and DNA analyses only—

11 (i) to criminal justice agencies, for law

12 enforcement identification purposes;

13 (ii) for criminal defense purposes, to a

14 defendant, who shall have access to sam15 ples and analyses performed in connection

16 with the case in which the defendant is

17 charged; or

18 (iii) to others, if personally identifi19 able information is removed, for a popu20 lation statistics database, for identification

21 research and protocol development pur22 poses, or for quality control purposes.

23 (3) FAILURE TO MEET REQUIREMENTS.—The

24 exchange of records authorized by this subsection is

25 subject to cancellation if the quality control and pri-
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1 vacy requirements described in paragraph (2) are

2 not met.

3 (d) FEDERAL BUREAU OF INVESTIGATION.—

4 (1) PROFICIENCY TESTING REQUIREMENTS.—

5 (A) Personnel at the Federal Bureau of Investiga6 tion who perform DNA analyses shall undergo, at

7 regular intervals not exceeding 180 days, external

8 proficiency testing by a DNA proficiency testing pro9 gram meeting the standards issued under subsection

10 (b). Not later than 1 year after the date of enact11 ment of this Act, the Director of the Federal Bureau

12 of Investigation shall arrange for periodic blind ex13 ternal tests to determine the proficiency of DNA

14 analysis performed at the Federal Bureau of Inves15 tigation laboratory. As used in this subparagraph,

16 the term ‘‘blind external test’’ means a test that is

17 presented to the laboratory through a second agency

18 and appears to the analysts to involve routine evi19 dence.

20 (B) For each of the 5 years following the date

21 of enactment of this Act, the Director of the Federal

22 Bureau of Investigation shall submit to the Commit23 tee on the Judiciary of the House of Representatives

24 and the Committee on the Judiciary of the Senate
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1 an annual report on the results of each of the tests

2 described in subparagraph (A).

3 (2) PRIVACY PROTECTION STANDARDS.—(A)

4 Except as provided in subparagraph (B), the results

5 of DNA tests performed for a Federal law enforce6 ment agency for law enforcement purposes may be

7 disclosed only—

8 (i) to criminal justice agencies for law en9 forcement identification purposes; or

10 (ii) for criminal defense purposes, to a de11 fendant, who shall have access to samples and

12 analyses performed in connection with the case

13 in which the defendant is charged.

14 (B) If personally identifiable information is re15 moved, test results may be disclosed for a population

16 statistics database, for identification research and

17 protocol development purposes, or for quality control

18 purposes.

19 (3) CRIMINAL PENALTIES.—(A) Whoever—

20 (i) by virtue of employment or official posi21 tion, has possession of, or access to, individually

22 identifiable DNA information indexed in a

23 database created or maintained by any Federal

24 law enforcement agency; and
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1 (ii) willfully discloses such information in

2 any manner to any person or agency not enti3 tled to receive it,

4 shall be fined not more than $100,000.

5 (B) Whoever, without authorization, willfully

6 obtains DNA samples or individually identifiable

7 DNA information indexed in a database created or

8 maintained by any Federal law enforcement agency

9 shall be fined not more than $100,000.

10 (f) AUTHORIZATION OF APPROPRIATIONS.—There

11 are authorized to be appropriated to the Federal Bureau

12 of Investigation $2,000,000 for each of fiscal years 1994,

13 1995, and 1996 to carry out subsections (b), (c), and (d).

14 SEC. 1365. SAFE SCHOOLS.

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

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

17 et seq.), as amended by section 1062(a), is amended—

18 (1) by redesignating part S as part T;

19 (2) by redesignating section 1901 as section

20 2001; and

21 (3) by inserting after part R the following new

22 part:
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1 ‘‘PART S—SAFE SCHOOLS ASSISTANCE

2 ‘‘SEC. 1901. GRANT AUTHORIZATION.

3 ‘‘(a) IN GENERAL.—The Director of the Bureau of

4 Justice Assistance, in consultation with the Secretary of

5 Education, may make grants to local educational agencies

6 in urban, suburban, and rural areas for the purpose of

7 providing assistance to such agencies most directly af8 fected by crime and violence.

9 ‘‘(b) MODEL PROJECT.—The Director, in consulta10 tion with the Secretary of Education, shall develop a writ11 ten safe schools model in a timely fashion and make such

12 model available to any local educational agency that re13 quests such information.

14 ‘‘SEC. 1902. USE OF FUNDS.

15 ‘‘Grants made by the Director under this part shall

16 be used—

17 ‘‘(1) to fund anticrime and safety measures and

18 to develop education and training programs for the

19 prevention of crime, violence, and illegal drugs and

20 alcohol;

21 ‘‘(2) for counseling programs for victims of

22 crime within schools;

23 ‘‘(3) for crime prevention equipment, including

24 metal detectors and video-surveillance devices; and
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1 ‘‘(4) for the prevention and reduction of the

2 participation of young individuals in organized crime

3 and drug and gang-related activities in schools.

4 ‘‘SEC. 1903. APPLICATIONS.

5 ‘‘(a) IN GENERAL.—In order to be eligible to receive

6 a grant under this part for any fiscal year, a local edu7 cational agency shall submit an application to the Director

8 in such form and containing such information as the Di9 rector may reasonably require.

10 ‘‘(b) REQUIREMENTS.—An application under sub11 section (a) shall include—

12 ‘‘(1) a request for funds for the purposes de13 scribed in section 1902;

14 ‘‘(2) a description of the schools and commu15 nities to be served by the grant, including the nature

16 of the crime and violence problems within such

17 schools;

18 ‘‘(3) assurances that Federal funds received

19 under this part shall be used to supplement, not

20 supplant, non-Federal funds that would otherwise be

21 available for activities funded under this part; and

22 ‘‘(4) statistical information in such form and

23 containing such information that the Director may

24 require regarding crime within the schools served by

25 such local educational agency.
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1 ‘‘(c) COMPREHENSIVE PLAN.—An application under

2 subsection (a) shall include a comprehensive plan that

3 shall contain—

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

5 the schools targeted for assistance;

6 ‘‘(2) a description of the projects to be devel7 oped;

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

9 the community to implement the plan together with

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

11 filled with existing resources;

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

13 will be used to fill gaps; and

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

15 will establish to prevent and reduce crime problems.

16 ‘‘SEC. 1904. ALLOCATION OF FUNDS; LIMITATIONS ON

17 GRANTS.

18 ‘‘(a) ADMINISTRATIVE COST LIMITATION.—The Di19 rector shall use not more than 5 percent of the funds avail20 able under this part for the purposes of administration

21 and technical assistance.

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

23 part may be renewed for up to 2 additional years after

24 the first fiscal year during which the recipient receives its
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1 initial grant under this part, subject to the availability of

2 funds, if—

3 ‘‘(1) the Director determines that the funds

4 made available to the recipient during the previous

5 year were used in a manner required under the ap6 proved application; and

7 ‘‘(2) the Director determines that an additional

8 grant is necessary to implement the crime prevention

9 program described in the comprehensive plan as re10 quired by section 1903(c).

11 ‘‘(c) RURAL AREAS.—The Director shall use not less

12 than 15 percent of the funds available under this part for

13 grants to local educational agencies in rural areas.

14 ‘‘SEC. 1905. AWARD OF GRANTS.

15 ‘‘(a) SELECTION OF RECIPIENTS.—The Director, in

16 consultation with the Secretary of Education, shall con17 sider the following factors in awarding grants to local edu18 cational agencies:

19 ‘‘(1) CRIME PROBLEM.—The nature and scope

20 of the crime problem in the targeted schools.

21 ‘‘(2) NEED AND ABILITY.—Demonstrated need

22 and evidence of the ability to provide the services de23 scribed in the plan required under section 1903(c).
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1 ‘‘(3) POPULATION.—The number of students to

2 be served by the plan required under section

3 1903(c).

4 ‘‘(b) GEOGRAPHIC DISTRIBUTION.—The Director

5 shall achieve an equitable geographic distribution of grant

6 awards.

7 ‘‘SEC. 1906. REPORTS.

8 ‘‘(a) REPORT TO DIRECTOR.—Local educational

9 agencies that receive funds under this part shall submit

10 to the Director a report not later than March 1 of each

11 year that describes progress achieved in carrying out the

12 plan required under section 1803(c).

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

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

15 in which grants are made available under this part, which

16 report shall contain—

17 ‘‘(1) a detailed statement regarding grant

18 awards and activities of grant recipients;

19 ‘‘(2) a compilation of statistical information

20 submitted by applicants under section 1903(b)(4);

21 and

22 ‘‘(3) an evaluation of programs established

23 under this part.

24 ‘‘SEC. 1907. DEFINITIONS.

25 ‘‘For the purpose of this part:
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1 ‘‘(1) The term ‘Director’ means the Director of

2 the Bureau of Justice Assistance.

3 ‘‘(2) The term ‘local educational agency’ means

4 a public board of education or other public authority

5 legally constituted within a State for either adminis6 trative control or direction of, or to perform a serv7 ice function for, public elementary and secondary

8 schools in a city, county, township, school district, or

9 other political subdivision of a State, or such com10 bination of school districts of counties as are recog11 nized in a State as an administrative agency for its

12 public elementary and secondary schools. Such term

13 includes any other public institution or agency hav14 ing administrative control and direction of a public

15 elementary or secondary school.’’.

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

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

18 Act of 1968 (42 U.S.C. 3711 et seq.), as amended by sec19 tion 1062(b), is amended by striking the matter relating

20 to part V and inserting the following:

‘‘PART S—SAFE SCHOOLS ASSISTANCE

‘‘Sec. 1901. Grant authorization.

‘‘Sec. 1902. Use of funds.

‘‘Sec. 1903. Applications.

‘‘Sec. 1904. Allocation of funds; limitations on grants.

‘‘Sec. 1905. Award of grants.

‘‘Sec. 1906. Reports.

‘‘Sec. 1907. Definitions.

‘‘PART T—TRANSITION; EFFECTIVE DATE; REPEALER
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‘‘Sec. 1901. Continuation of rules, authorities, and proceedings.’’.

1 (c) AUTHORIZATION OF APPROPRIATIONS.—Section

2 1001(a) of the Omnibus Crime Control and Safe Streets

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

4 1062(c), is amended—

5 (1) in paragraph (3) by striking ‘‘and R’’ and

6 inserting ‘‘R, and S’’; and

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

8 paragraph:

9 ‘‘(13) There are authorized to be appropriated

10 $100,000,000 for fiscal year 1994 to carry out projects

11 under part S.’’.

12 TITLE XIV—TECHNICAL

13 CORRECTIONS

14 SEC. 1401. AMENDMENTS RELATING TO FEDERAL FINAN15 CIAL ASSISTANCE FOR LAW ENFORCEMENT.

16 (a) TESTING OF CERTAIN SEX OFFENDERS FOR

17 HUMAN IMMUNE DEFICIENCY VIRUS.—Section 506 of

18 title I of the Omnibus Crime Control and Safe Streets Act

19 of 1968 (42 U.S.C. 3756) is amended—

20 (1) in subsection (a) by striking ‘‘Of’’ and in21 serting ‘‘Subject to subsection (f), of’’;

22 (2) in subsection (c) by striking ‘‘subsections

23 (b) and (c)’’ and inserting ‘‘subsection (b)’’;

24 (3) in subsection (e) by striking ‘‘or (e)’’ and

25 inserting ‘‘or (f)’’; and
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1 (4) in subsection (f)(1)—

2 (A) in subparagraph (A)—

3 (i) by striking ‘‘, taking into consider4 ation subsection (e) but’’; and

5 (ii) by striking ‘‘this subsection,’’ and

6 inserting ‘‘this subsection’’; and

7 (B) in subparagraph (B) by striking

8 ‘‘amount’’ and inserting ‘‘funds’’.

9 (b) CORRECTIONAL OPTIONS GRANTS.—(1) Section

10 515(b) of title I of the Omnibus Crime Control and Safe

11 Streets Act of 1968 (42 U.S.C. 3762a(b)) is amended—

12 (A) by striking ‘‘subsection (a)(1) and (2)’’ and

13 inserting ‘‘subsection (a) (1) and (2)’’; and

14 (B) in paragraph (2) by striking ‘‘States’’ and

15 inserting ‘‘public agencies’’.

16 (2) Section 516 of title I of the Omnibus Crime Con17 trol and Safe Streets Act of 1968 (42 U.S.C. 3762b) is

18 amended—

19 (A) in subsection (a) by striking ‘‘for section’’

20 each place it appears and inserting ‘‘shall be used to

21 make grants under section’’; and

22 (B) in subsection (b) by striking ‘‘section

23 515(a)(1) or (a)(3)’’ and inserting ‘‘section 515(a)

24 (1) or (3)’’.
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1 (3) Section 1001(a)(5) of title I of the Omnibus

2 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

3 3793(a)(5)), as amended by section 1002, is amended by

4 inserting ‘‘(other than chapter B of subpart 2)’’ after

5 ‘‘and E’’.

6 (c) DENIAL OR TERMINATION OF GRANT.—Section

7 802(b) of title I of the Omnibus Crime Control and Safe

8 Streets Act of 1968 (42 U.S.C. 3783(b)) is amended by

9 striking ‘‘M,,’’ and inserting ‘‘M,’’.

10 (d) DEFINITIONS.—Section 901(a)(21) of title I of

11 the Crime Control and Safe Streets Act of 1968 (42

12 U.S.C. 3791(21)) is amended by adding a semicolon at

13 the end.

14 (e) AUTHORIZATION OF APPROPRIATIONS.—Section

15 1001(a) of title I of the Omnibus Crime Control and Safe

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

17 (1) in paragraph (3) by striking ‘‘and N’’ and

18 inserting ‘‘N, and O’’;

19 (2) by redesignating paragraph (6), relating to

20 part N of title I of the Omnibus Crime Control and

21 Safe Streets Act of 1968, as paragraph (8) and re22 moving it to follow paragraph (7), relating to part

23 M of that title I; and

24 (3) by redesignating paragraph (7), relating to

25 part O of that title, as paragraph (9).
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1 (f) PUBLIC SAFETY OFFICERS DISABILITY BENE2 FITS.—Title I of the Omnibus Crime Control and Safe

3 Streets Act of 1968 is amended—

4 (1) in section 1201 (42 U.S.C. 3796)—

5 (A) in subsection (a) by striking ‘‘sub6 section (g)’’ and inserting ‘‘subsection (h),’’;

7 and

8 (B) in subsection (b)—

9 (i) by striking ‘‘subsection (g)’’ and

10 inserting ‘‘subsection (h)’’;

11 (ii) by striking ‘‘personal’’; and

12 (iii) in the first proviso by striking

13 ‘‘section’’ and inserting ‘‘subsection’’; and

14 (2) in section 1204(3) (42 U.S.C. 3796b(3)) by

15 striking ‘‘who was responding to a fire, rescue or po16 lice emergency’’.

17 (g) HEADINGS.—(1) The heading for part M of title

18 I of the Omnibus Crime Control and Safe Streets Act of

19 1968 (42 U.S.C. 3797) is amended to read as follows:

20 ‘‘PART M—REGIONAL INFORMATION SHARING

21 SYSTEMS’’.

22 (2) The heading for part O of title I of the Omnibus

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

24 3796bb) is amended to read as follows:
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1 ‘‘PART O—RURAL DRUG ENFORCEMENT’’.

2 (h) TABLE OF CONTENTS.—The table of contents of

3 title I of the Omnibus Crime Control and Safe Streets Act

4 of 1968 is amended—

5 (1) in the item relating to section 501 by strik6 ing ‘‘Drug Control and System Improvement Grant’’

7 and inserting ‘‘drug control and system improvement

8 grant’’;

9 (2) in the item relating to section 1403 by

10 striking ‘‘Application’’ and inserting ‘‘Applications’’;

11 and

12 (3) in the items relating to part O by redesig13 nating sections 1401 and 1402 as sections 1501 and

14 1502, respectively.

15 (i) OTHER TECHNICAL AMENDMENTS.—Title I of the

16 Omnibus Crime Control and Safe Streets Act of 1968 is

17 amended—

18 (1) in section 202(c)(2)(E) (42 U.S.C.

19 3722(c)(2)(E)) by striking ‘‘crime,,’’ and inserting

20 ‘‘crime,’’;

21 (2) in section 302(c)(19) (42 U.S.C. 3732(c))

22 by striking the period at the end and inserting a

23 semicolon;

24 (3) in section 602(a)(1) (42 U.S.C.

25 3769a(a)(1)) by striking ‘‘chapter 315’’ and insert26 ing ‘‘chapter 319’’;
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1 (4) in section 603(a)(6) (42 U.S.C.

2 3769b(a)(6)) by striking ‘‘605’’ and inserting

3 ‘‘606’’;

4 (5) in section 605 (42 U.S.C. 3769c) by strik5 ing ‘‘this section’’ and inserting ‘‘this part’’;

6 (6) in section 606(b) (42 U.S.C. 3769d(b)) by

7 striking ‘‘and Statistics’’ and inserting ‘‘Statistics’’;

8 (7) in section 801(b) (42 U.S.C. 3782(b))—

9 (A) by striking ‘‘parts D,’’ and inserting

10 ‘‘parts’’;

11 (B) by striking ‘‘part D’’ each place it ap12 pears and inserting ‘‘subpart 1 of part E’’;

13 (C) by striking ‘‘403(a)’’ and inserting

14 ‘‘501’’; and

15 (D) by striking ‘‘403’’ and inserting

16 ‘‘503’’;

17 (8) in the first sentence of section 802(b) (42

18 U.S.C. 3783(b)) by striking ‘‘part D,’’ and inserting

19 ‘‘subpart 1 of part E or under part’’;

20 (9) in the second sentence of section 804(b) (42

21 U.S.C. 3785(b)) by striking ‘‘Prevention or’’ and in22 serting ‘‘Prevention, or’’;

23 (10) in section 808 (42 U.S.C. 3789) by strik24 ing ‘‘408, 1308,’’ and inserting ‘‘507’’;
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1 (11) in section 809(c)(2)(H) (42 U.S.C.

2 3789d(c)(2)(H)) by striking ‘‘805’’ and inserting

3 ‘‘804’’;

4 (12) in section 811(e) (42 U.S.C. 3789f(e)) by

5 striking ‘‘Law Enforcement Assistance Administra6 tion’’ and inserting ‘‘Bureau of Justice Assistance’’;

7 (13) in section 901(a)(3) (42 U.S.C.

8 3791(a)(3)) by striking ‘‘and,’’ and inserting ‘‘,

9 and’’; and

10 (14) in section 1001(c) (42 U.S.C. 3793(c)) by

11 striking ‘‘parts’’ and inserting ‘‘part’’.

12 (j) CONFORMING AMENDMENT TO OTHER LAW.—

13 Section 4351(b) of title 18, United States Code, is amend14 ed by striking ‘‘Administrator of the Law Enforcement

15 Assistance Administration’’ and inserting ‘‘Director of the

16 Bureau of Justice Assistance’’.

17 SEC. 1402. GENERAL TITLE 18 CORRECTIONS.

18 (a) SECTION 1031.—Section 1031 of title 18, United

19 States Code, is amended—

20 (1) by redesignating subsection (g), as added by

21 Public Law 101–123, as subsection (h) and remov22 ing it to the end of the section; and

23 (2) in subsection (h), as redesignated by para24 graph (1), by striking ‘‘a government’’ and inserting

25 ‘‘a Government’’.
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1 (b) SECTION 208.—Section 208(c)(1) of title 18,

2 United States Code, is amended by striking ‘‘Banks’’ and

3 inserting ‘‘banks’’.

4 (c) SECTION 1007.—The heading for section 1007 of

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

6 ‘‘Transactions’’ and inserting ‘‘transactions’’.

7 (d) SECTION 1014.—Section 1014 of title 18, United

8 States Code, is amended by striking the comma that fol9 lows a comma.

10 (e) ELIMINATION OF OBSOLETE CROSS REF11 ERENCE.—Section 3293(1) of title 18, United States

12 Code, is amended by striking ‘‘1008,’’.

13 (f) PART I PART ANALYSIS.—The item relating to

14 chapter 33 in the part analysis for part I of title 18, Unit15 ed States Code, is amended by striking ‘‘701’’ and insert16 ing ‘‘700’’.

17 SEC. 1403. CORRECTIONS OF ERRONEOUS CROSS REF18 ERENCES AND MISDESIGNATIONS.

19 (a) CONTRABAND IN PRISON.—Section 1791(b) of

20 title 18, United States Code, is amended by striking ‘‘(c)’’

21 each place it appears and inserting ‘‘(d)’’.

22 (b) MONEY LAUNDERING.—Section 1956(c)(7)(D) of

23 title 18, United States Code, is amended by striking ‘‘sec24 tion 1822 of the Mail Order Drug Paraphernalia Control

25 Act (100 Stat. 3207–51; 21 U.S.C. 857)’’ and inserting
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1 ‘‘section 422 of the Controlled Substances Act (21 U.S.C.

2 863)’’.

3 (c) REQUIREMENTS FOR GOVERNMENTAL ACCESS.—

4 Section 2703(d) of title 18, United States Code, is amend5 ed by striking ‘‘section 3126(2)(A)’’ and inserting ‘‘section

6 3127(2)(A)’’.

7 (d) PROGRAMS RECEIVING FEDERAL FUNDS.—Sec8 tion 666(d) of title 18, United States Code, is amended—

9 (1) by redesignating the second paragraph (4)

10 as paragraph (5);

11 (2) by striking ‘‘and’’ at the end of paragraph

12 (3); and

13 (3) by striking the period at the end of para14 graph (4) and inserting ‘‘; and’’.

15 (e) OFFENDERS WITH MENTAL DISEASE OR DE16 FECT.—Section 4247(h) of title 18, United States Code,

17 is amended by striking ‘‘subsection (e) of section 4241,

18 4243, 4244, 4245, or 4246,’’ and inserting ‘‘section

19 4241(e), 4243(f), 4244(e), 4245(e), or 4246(e),’’.

20 (f) CONTINUING CRIMINAL ENTERPRISES.—Section

21 408(b)(2)(A) of the Controlled Substances Act (21 U.S.C.

22 848(b)(2)(A)) is amended by striking ‘‘subsection (d)(1)’’

23 and inserting ‘‘subsection (c)(1)’’.

24 (g) SENTENCING COMMISSION.—Section 994(h) of

25 title 28, United States Code, is amended by striking ‘‘sec-
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1 tion 1 of the Act of September 15, 1980 (21 U.S.C.

2 955a)’’ each place it appears and inserting ‘‘the Maritime

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

4 seq.)’’.

5 (h) FIREARMS.—Section 924(e)(2)(A)(i) of title 18,

6 United States Code, is amended by striking ‘‘the first sec7 tion or section 3 of Public Law 96–350 (21 U.S.C. 955a

8 et seq.)’’ and inserting ‘‘the Maritime Drug Law Enforce9 ment Act (46 U.S.C. App. 1901 et seq.)’’.

10 (i) ERRONEOUS CITATION IN CRIME CONTROL ACT

11 OF 1990.—Section 2596(d) of the Crime Control Act of

12 1990 (104 Stat. 4908) is amended, effective as of the date

13 of enactment of that Act, by striking ‘‘951(c)(1)’’ and in14 serting ‘‘951(c)(2)’’.

15 SEC. 1404. OBSOLETE PROVISIONS IN TITLE 18.

16 Title 18, United States Code, is amended—

17 (1) in section 212 by striking ‘‘or of any Na18 tional Agricultural Credit Corporation,’’ and by

19 striking ‘‘or National Agricultural Credit Corpora20 tions,’’;

21 (2) in section 213 by striking ‘‘or examiner of

22 National Agricultural Credit Corporations’’;

23 (3) in section 709 by striking the seventh and

24 thirteenth paragraphs;
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1 (4) in section 711 by striking the second para2 graph;

3 (5) by striking section 754 and amending the

4 chapter analysis for chapter 35 by striking the item

5 relating to section 754;

6 (6) in sections 657 and 1006 by striking ‘‘Re7 construction Finance Corporation,’’ and by striking

8 ‘‘Farmers’ Home Corporation,’’;

9 (7) in section 658 by striking ‘‘Farmers’ Home

10 Corporation,’’;

11 (8) in section 1013 by striking ‘‘, or by any Na12 tional Agricultural Credit Corporation’’;

13 (9) in section 1160 by striking ‘‘white person’’

14 and inserting ‘‘non-Indian’’;

15 (10) in section 1698 by striking the second

16 paragraph;

17 (11) by striking sections 1904 and 1908 and

18 amending the chapter analysis for chapter 93 by

19 striking the items relating to those sections;

20 (12) in section 1909 by inserting ‘‘or’’ before

21 ‘‘farm credit examiner’’ and by striking ‘‘or an ex22 aminer of National Agricultural Credit Corpora23 tions,’’;

24 (13) by striking sections 2157 and 2391 and

25 amending the chapter analyses for chapters 105 and
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1 115, respectively, by striking the items relating to

2 those sections;

3 (14) in section 2257 by striking subsections (f)

4 and (g) that were enacted by Public Law 100–690

5 (102 Stat. 4488);

6 (15) in section 3113 by striking the third para7 graph; and

8 (16) in section 3281 by striking ‘‘except for of9 fenses barred by the provisions of law existing on

10 August 4, 1939’’.

11 SEC. 1405. CORRECTION OF DRAFTING ERROR IN THE FOR12 EIGN CORRUPT PRACTICES ACT.

13 Section 104(a)(3) of the Foreign Corrupt Practices

14 Act of 1977 (15 U.S.C. 78dd–2(a)(3)) is amended by

15 striking ‘‘issuer’’ and inserting ‘‘domestic concern’’.

16 SEC. 1406. ELIMINATION OF REDUNDANT PENALTY.

17 Section 1864(c) of title 18, United States Code, is

18 amended by striking ‘‘(b) (3), (4), or (5)’’ and inserting

19 ‘‘(b)(5)’’.

20 SEC. 1407. CORRECTIONS OF MISSPELLINGS AND GRAM21 MATICAL ERRORS.

22 Title 18, United States Code, is amended—

23 (1) in section 513(c)(4) by striking ‘‘association

24 or persons’’ and inserting ‘‘association of persons’’;
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1 (2) in section 1956(e) by striking

2 ‘‘Evironmental’’ and inserting ‘‘Environmental’’;

3 (3) in section 3125—

4 (A) in subsection (a)(2) by striking the

5 quotation marks; and

6 (B) in subsection (d) by striking ‘‘provider

7 for’’ and inserting ‘‘provider of’’; and

8 (4) in section 3731, in the second undesignated

9 paragraph, by striking ‘‘order of a district courts’’

10 and inserting ‘‘order of a district court’’.

11 TITLE XV—FEDERAL LAW

12 ENFORCEMENT AGENCIES

13 SEC. 1501. SHORT TITLE.

14 This title may be cited as the ‘‘Federal Law Enforce15 ment Act of 1993’’.

16 SEC. 1502. AUTHORIZATION OF APPROPRIATIONS FOR FED17 ERAL LAW ENFORCEMENT AGENCIES.

18 There is authorized to be appropriated $333,500,000

19 for fiscal year 1994 (which shall be in addition to any

20 other appropriations) to be allocated as follows:

21 (1) For the Drug Enforcement Administration,

22 $100,500,000, which shall include—

23 (A) not to exceed $45,000,000 to hire,

24 equip, and train not less than 350 agents and

25 necessary support personnel to expand DEA in-
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1 vestigations and operations against drug traf2 ficking organizations in rural areas; and

3 (B) not to exceed $25,000,000 to expand

4 DEA State and Local Task Forces, including

5 payment of State and local overtime, equip6 ment, and personnel costs.

7 (2) For the Federal Bureau of Investigation,

8 $98,000,000, for the hiring of additional agents and

9 support personnel, which shall include not more than

10 $35,000,000 for the purpose of hiring, equipping,

11 and training not less than 250 agents and necessary

12 support personnel to expand investigations and oper13 ations by the Federal Bureau of Investigation in

14 rural areas.

15 (3) For the Immigration and Naturalization

16 Service, $45,000,000, to be further allocated as fol17 lows:

18 (A) $25,000,000 to hire, train, and equip

19 no fewer than 500 full-time equivalent Border

20 Patrol officer positions.

21 (B) $20,000,000 to hire, train, and equip

22 no fewer than 400 full-time equivalent INS

23 criminal investigators dedicated to drug traf24 ficking by illegal aliens and to deportations of

25 criminal aliens.
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1 (4) For the United States attorneys,

2 $45,000,000 to hire and train not less than 350 ad3 ditional prosecutors and support personnel dedicated

4 to the prosecution of drug trafficking and related of5 fenses.

6 (5) For the United States Marshals Service,

7 $10,000,000.

8 (6) For the Bureau of Alcohol, Tobacco, and

9 Firearms, $15,000,000 to hire, equip, and train not

10 less than 100 special agents and support personnel

11 to investigate firearms violations committed by drug

12 trafficking organizations, particularly violent gangs.

13 (7) For the United States courts, $20,000,000

14 for additional magistrates, probation officers, other

15 personnel, and equipment to address the case-load

16 generated by the additional investigative and pros17 ecutorial resources provided in this title.

18 TITLE XVI—FEDERAL PRISONS

19 SEC. 1601. AUTHORIZATION OF APPROPRIATIONS FOR NEW

20 PRISON CONSTRUCTION.

21 There is authorized to be appropriated for fiscal year

22 1993 to the buildings and facilities account, Federal Pris23 on System, Department of Justice, $500,000,000 for the

24 planning of, acquisition of sites for, and the construction

25 of new penal and correctional facilities, such appropria-
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1 tions to be in addition to any appropriations provided in

2 regular appropriations Acts or continuing resolutions for

3 that fiscal year.

4 TITLE XVII—PRE-TRIAL

5 INTERROGATION

6 SEC. 1701. It is the sense of the Congress that the

7 Attorney General shall instruct all United States Attor8 neys, and implement policies consistent therewith, that

9 confessions obtained in conformity with section 3501 of

10 title 18, United States Code will be offered into evidence.

11 TITLE XVIII—FUNDING

12 SEC. 1801. FUNDING OF SPENDING THROUGH RESCISSIONS.

13 (a) FISCAL YEAR 1993.—Of the funds made avail14 able in appropriations Acts for fiscal year 1993 for each

15 of the following accounts, there is hereby rescinded 16 per16 cent of the amount that remains unobligated on the date

17 of the enactment of this Act:

18 (1) ‘‘United States Fish and Wildlife Service—

19 Construction’’.

20 (2) ‘‘National Park Service—Construction’’.

21 (3) ‘‘Bureau of Indian Affairs—Construction’’.

22 (4) ‘‘Federal Bureau of Investigation—Salaries

23 and Expenses’’.

24 (5) ‘‘Federal Prison System—Buildings and

25 Facilities’’.
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1 (6) ‘‘General Services Administration—Federal

2 Buildings Fund’’.

3 (7) ‘‘General Services Administration—Infor4 mation Technology Fund’’.

5 (8) ‘‘Payments to Copyright Owners’’.

6 (9) ‘‘Agency for International Development—

7 Economic Support Fund’’.

8 (10) ‘‘Agricultural Marketing Service—Funds

9 for Strengthening Markets, Income, and Supply

10 (Section 32)’’.

11 (11) ‘‘Department of Energy —SPR Petroleum

12 Account’’.

13 (12) ‘‘United States Enrichment Corporation

14 Fund’’.

15 (13) ‘‘General Services Administration’’ (other

16 than the accounts specified in paragraphs (6) and

17 (7)).

18 (14) ‘‘Office of Personnel Management—Sala19 ries and Expenses’’.

20 (15) ‘‘American Battle Monuments Commis21 sion—Salaries and Expenses’’.

22 (16) ‘‘Interstate Commerce Commission—Sala23 ries and Expenses’’.

24 (17) ‘‘Coast Guard—Research, Development,

25 Test, and Evaluation’’.
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1 (18) ‘‘Pennsylvania Avenue Development Cor2 poration—Public Development’’.

3 (19) ‘‘Pennsylvania Avenue Development Cor4 poration—Land Acquisition and Development

5 Fund’’.

6 (20) ‘‘Smithsonian Institution—Repair and

7 Restoration of Buildings’’.

8 (21) ‘‘Smithsonian Institution—Construction’’.

9 (22) ‘‘Bureau of Land Management’’.

10 (23) ‘‘Occupational Safety and Health Adminis11 tration—Salaries and Expenses’’.

12 (24) ‘‘Bureau of Labor Statistics—Salaries and

13 Expenses’’.

14 (25) ‘‘United States Travel and Tourism Ad15 ministration—Salaries and Expenses’’.

16 (26) ‘‘Bureau of the Census’’.

17 (27) ‘‘Maritime Administration’’.

18 (28) ‘‘International Trade Administration—Op19 erations and Administration’’.

20 (29) ‘‘National Institute of Standards and

21 Technology’’.

22 (30) ‘‘Appalachian Regional Commission’’.

23 (31) ‘‘Tennessee Valley Authority—Tennessee

24 Valley Authority Fund’’.

25 (32) ‘‘Export Administration’’.
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1 (33) ‘‘National Archives and Records Adminis2 tration’’.

3 (34) ‘‘Bureau of Alcohol, Tobacco and Fire4 arms’’.

5 (35) ‘‘Department of Energy—Fossil Energy

6 Research and Development’’.

7 (36) ‘‘Office of Surface Mining Reclamation

8 and Enforcement—Abandoned Mine Reclamation

9 Fund’’.

10 (37) ‘‘Department of Justice—Legal Activi11 ties’’.

12 (38) ‘‘Department of Housing and Urban De13 velopment—Management and Administration’’.

14 (39) ‘‘Corps of Engineers-Civil—Construction,

15 General’’.

16 (40) ‘‘Bureau of Reclamation—Construction

17 Program’’.

18 (41) ‘‘Department of Energy—General Science

19 and Research Activities’’.

20 (42) ‘‘Legal Services Corporation’’.

21 (43) ‘‘United States Information Agency’’.

22 (44) ‘‘Forest Service—Forest Research’’.

23 (45) ‘‘Forest Service—National Forest Sys24 tem’’.
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1 (46) ‘‘National Aeronautics and Space Adminis2 tration—Construction of Facilities’’.

3 (47) ‘‘United States Customs Service’’.

4 (b) FISCAL YEAR 1992.—Of the funds made avail5 able in appropriations Acts for fiscal year 1992 for each

6 of the accounts specified in paragraphs (1) through (11)

7 of subsection (a), there is hereby rescinded 16 percent of

8 the amount that remains unobligated on the date of the

9 enactment of this Act.

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