I
103D CONGRESS
2D SESSION
H. R. 4055
To combat crime.
IN THE HOUSE OF REPRESENTATIVES
MARCH 16, 1994
Mr. BURTON of Indiana introduced the following bill; which was referred joint-
ly to the Committees on the Judiciary, Energy and Commerce, Foreign
Affairs, Banking, Finance and Urban Affairs, and Armed Services
A BILL
To combat crime.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Table of contents.
TITLE I—BOOT CAMP
Sec. 101. Conversion of property and facilities at closed or realigned military
installations into youthful offender boot camps.
Sec. 102. Grants for boot camps.
TITLE II—STRONGER PENALTIES FOR DRUG OFFENDERS
Sec. 201. Life imprisonment or death penalty for certain drug trafficking of-
fenses.
Sec. 202. Conforming amendments.
TITLE III—VIOLENCE AGAINST WOMEN AND CHILDREN
Sec. 301.
Pretrial detention in sex offense cases.
Sec. 302.
Death penalty for murders committed by sex offenders.
Sec. 303.
Increased penalties for recidivist sex offenders.
Sec. 304.
Increased penalties for sex offenses against victims below the age of
16.
Sec. 305.
Sentencing guidelines increase for sex offenses.
Sec. 306.
HIV testing and penalty enhancement in sexual offense cases.
Sec. 307.
Admissibility of evidence of similar crimes in sex offense cases.
Sec. 308.
Interstate travel to commit spouse abuse or to violate protective
order; interstate stalking.
Sec. 309.
Full faith and credit for protective orders.
Sec. 310.
Presumption against child custody for spouse abusers.
TITLE IV—IMMIGRATION AND ASYLUM REFORM
Sec. 401.
Inspection and exclusion by immigration officers.
Sec. 402.
Enhanced penalties for alien smuggling.
Sec. 403.
Expanded forfeiture for smuggling or harboring illegal aliens.
Sec. 404.
Including alien smuggling as a racketeering activity for purposes of
racketeering influenced and corrupt organizations (RICO) en-
forcement authority.
Sec. 405.
Effective dates.
Sec. 406.
Asylum.
Sec. 407.
Failure to appear for provisional asylum hearing; judicial review.
Sec. 408.
Effective dates.
Sec. 409.
Issuance of new identification cards for aliens.
Sec. 410.
Implementation.
Sec. 411.
No national identity card.
Sec. 412.
Employer education program.
Sec. 413.
Authorization of appropriations.
Sec. 414.
Employment eligibility verification demonstration project.
TITLE V—CHILD-RELATED SEX OFFENDERS
Sec. 501. Sense of Congress.
TITLE VI—TRUTH IN SENTENCING
Sec. 601.
Short title.
Sec. 602.
Findings and purpose.
Sec. 603.
Definition.
Sec. 604.
State sentencing reviews.
Sec. 605.
State sentencing systems.
Sec. 606.
Funding and compliance.
TITLE VII—THREE STRIKES AND YOU’RE OUT
Sec. 701.
Life imprisonment or death penalty for third Federal violent felony
conviction.
TITLE VIII—HABEAS CORPUS REFORM
Subtitle A—Post Conviction Petitions: General Habeas Corpus Reform
Sec. 801.
Period of limitation for filing writ of habeas corpus following final
judgment of a State court.
Sec. 802.
Authority of appellate judges to issue certificates of probable cause
for appeal in habeas corpus and Federal collateral relief pro-
ceedings.
Sec. 803.
Conforming amendment to the rules of appellate procedure.
Sec. 804.
Discretion to deny habeas corpus application despite failure to ex-
haust State remedies.
Sec. 805.
Period of limitation for Federal prisoners filing for collateral remedy.
Subtitle B—Special Procedures for Collateral Proceedings in Capital Cases
Sec. 811.
Death penalty litigation procedures.
Subtitle C—Funding for Litigation of Federal Habeas Corpus Petitions in
Capital Cases
Sec. 821.
Funding for death penalty prosecutions.
TITLE IX—INCREASE PENALTIES FOR JUVENILES
Sec. 901.
Prosecution as adults of violent juvenile offenders.
TITLE I—BOOT CAMP
SEC. 101. CONVERSION OF PROPERTY AND FACILITIES AT
CLOSED OR REALIGNED MILITARY INSTALLA-
TIONS INTO YOUTHFUL OFFENDER BOOT
CAMPS.
(a) BASES CLOSED OR REALIGNED UNDER 1990
BASE CLOSURE LAW.—Section 2905 of the Defense Base
Closure and Realignment Act of 1990 (part A of title
XXIX of Public Law 101–510; 10 U.S.C. 2687 note) is
amended by adding at the end the following:
‘‘(f) PRIORITY FOR CONVERSION TO YOUTHFUL OF-
FENDER BOOT CAMPS.—(1) Notwithstanding subsection
(b), before any action is taken with respect to the disposal
or transfer of any real property or facility located at a
military installation to be closed or realigned under this
part, the Secretary of Defense shall notify the State and
each local government in which the installation is located
and other interested persons of the suitability of the prop-
erty or facility for conversion and use as a youthful
offender boot camp.
‘‘(2) Subject to paragraph (3), the Secretary shall
transfer (without reimbursement) the property or facilities
described in the notification to the State, local govern-
ment, or interested person if the State, local government,
or person certifies that the property or facilities will be
promptly converted to and used as a youthful offender
boot camp.
‘‘(3) Any certification submitted under paragraph (2)
must be received by the Secretary not later than 180 days
after the Secretary provides the notification required by
paragraph (1) and must include a conversion and operat-
ing plan for the youthful offender boot camp. If the Sec-
retary receives more than one certification, the Secretary
shall select the recipient of the property or facility based
upon the quality and feasibility of the competing conver-
sion and operating plans. In the case of a certification sub-
mitted by a private person, the Secretary may reject the
certification and refuse to transfer the property or facility
concerned if—
‘‘(A) the Secretary determines on the basis of
the conversion and operating plan that the person
will likely be unable to successfully convert or oper-
ate the proposed youthful offender boot camp; or
‘‘(B) the State or any local government in
which the installation is located opposes the transfer.
‘‘(4) As used in this subsection, the term ‘youthful
offender boot camp’ means a correctional facility operated
as a military-style boot camp to provide discipline, treat-
ment, and work for adjudicated non-violent offenders who
are between the ages of 14 and 25, inclusive.’’.
(b) BASES CLOSED OR REALIGNED UNDER 1988
BASE CLOSURE LAW.—Section 204 of the Defense Au-
thorization Amendments and Base Closure and Realign-
ment Act (title II of Public Law 100–526; 10 U.S.C. 2687
note) is amended by adding at the end the following new
subsection:
‘‘(e) PRIORITY FOR CONVERSION TO YOUTHFUL OF-
FENDER BOOT CAMPS.—(1) Notwithstanding subsection
(b), before any action is taken with respect to the disposal
or transfer of any real property or facility located at a
military installation to be closed or realigned under this
title, the Secretary of Defense shall notify the State and
each local government in which the installation is located
and other interested persons of the suitability of the prop-
erty or facility for conversion and use as a youthful of-
fender boot camp.
‘‘(2) Subject to paragraph (3), the Secretary shall
transfer (without reimbursement) the property or facilities
described in the notification to the State, local govern-
ment, or interested person if the State, local government,
or person certifies that the property or facilities will be
promptly converted to and used as a youthful offender
boot camp.
‘‘(3) Any certification submitted under paragraph (2)
must be received by the Secretary not later than 180 days
after the Secretary provides the notification required by
paragraph (1) and must include a conversion and operat-
ing plan for the youthful offender boot camp. If the Sec-
retary receives more than one certification, the Secretary
shall select the recipient of the property or facility based
upon the quality and feasibility of the competing conver-
sion and operating plans. In the case of a certification sub-
mitted by a private person, the Secretary may reject the
certification and refuse to transfer the property or facility
concerned if—
‘‘(A) the Secretary determines on the basis of
the conversion and operating plan that the person
will likely be unable to successfully convert or oper-
ate the proposed youthful offender boot camp; or
‘‘(B) the State or any local government in
which the installation is located opposes the transfer.
‘‘(4) As used in this subsection, the term ‘youthful
offender boot camp’ means a correctional facility operated
as a military-style boot camp to provide discipline, treat-
ment, and work for adjudicated non-violent offenders who
are between the ages of 14 and 25, inclusive.’’.
(c) MODEL YOUTHFUL OFFENDER BOOT CAMP.—
(1) DEVELOPMENT.—The Secretary of Defense,
in consultation with the Federal Bureau of Prisons
and State and local correctional agencies, shall de-
velop a model program intended to incorporate mili-
tary basic training and other military instruction
and disciplinary procedures into the design and op-
eration of youthful offender boot camps at the Fed-
eral, State, and local levels.
(2) DEFINITION.—For purposes of this sub-
section, the term ‘‘youthful offender boot camp’’
means a correctional facility operated as a military-
style boot camp to provide discipline, treatment, and
work for adjudicated non-violent offenders who are
between the ages of 14 and 25, inclusive.
SEC. 102. GRANTS FOR BOOT CAMPS.
Subsection (a) of section 516 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3762b)
is amended—
(1) by striking ‘‘80’’ and inserting ‘‘40’’; and
(2) by striking ‘‘10’’ the second place it appears
and inserting ‘‘50’’.
TITLE II—STRONGER PENALTIES
FOR DRUG OFFENDERS
SEC. 201. LIFE IMPRISONMENT OR DEATH PENALTY FOR
CERTAIN DRUG TRAFFICKING OFFENSES.
(a) IN GENERAL.—Part D of the Controlled Sub-
stances Act (21 U.S.C. 841 et seq.) is amended by adding
at the end the following:
‘‘LIFE IMPRISONMENT OR DEATH PENALTY FOR CERTAIN
DRUG TRAFFICKING OFFENSES
‘‘SEC. 423. (a) Whoever commits a violation of this
title or title III involving—
‘‘(1) 4 or more kilograms of cocaine (including
cocaine freebase);
‘‘(2) 2 or more kilograms of heroin;
‘‘(3) 200,000 or more dosage units of lysergic
acid diethylamide; or
‘‘(4) 
200,000 
or 
more 
dosage 
units 
of
phencyclidine;
shall be sentenced to death or to life imprisonment without
the benefit of parole, probation, or suspension.
‘‘(b) The procedures applicable to the death penalty
for an offense under section 902(i) of the Federal Aviation
Act of 1958 shall, to the greatest extent practicable, apply
to the death penalty for an offense under this section.’’.
(b) CLERICAL AMENDMENT.—The table of contents
of the Comprehensive Drug Abuse Prevention and Control
Act of 1970 is amended by adding at the end of the items
relating to part D of title II the following new item:
‘‘Sec. 423. Life imprisonment or death penalty for certain drug trafficking of-
fenses.’’.
SEC. 202. CONFORMING AMENDMENTS.
(a) SECTION 401.—Section 401(b) of the Controlled
Substances Act (21 U.S.C. 841(b)) is amended in the mat-
ter before paragraph (1) by striking out ‘‘418’’ and insert-
ing ‘‘417, 418’’.
(b) SECTION
1010.—Paragraph (1) of section
1010(b) of the Controlled Substances Import and Export
Act (21 U.S.C. 960(b)(1)) is amended in the matter before
subparagraph (A) by striking out ‘‘In’’ and inserting in
lieu thereof ‘‘Except as otherwise provided in this title or
title II, in’’.
TITLE III—VIOLENCE AGAINST
WOMEN AND CHILDREN
SEC. 301. PRETRIAL DETENTION IN SEX OFFENSE CASES.
Section 3156(a)(4) of title 18, United States Code,
is amended by striking ‘‘, or’’ at the end of subparagraph
(A) and inserting a semicolon, by striking the period at
the end of subparagraph (B) and inserting ‘‘; or’’, and
by adding after subparagraph (B) the following new sub-
paragraph:
‘‘(C) any felony under chapter 109A or
chapter 110 of this title.’’.
SEC. 302. DEATH PENALTY FOR MURDERS COMMITTED BY
SEX OFFENDERS.
Title 18 of the United States Code is amended—
(1) by adding the following new section at the
end of chapter 51:
‘‘§ 1118. Capital Punishment for Murders Committed
by Sex Offenders
‘‘(a) OFFENSE.—(1) Whoever, in a circumstance de-
scribed in subsection (b) of this section—
‘‘(A) causes the death of a person intentionally,
knowingly, or through recklessness manifesting ex-
treme indifference to human life; or
‘‘(B) causes the death of a person through the
intentional infliction of serious bodily injury;
shall be punished as provided in subsection (c) of this
section.
‘‘(2) For the purposes of this section, conduct that
results in the transfer of the human immunodeficiency
virus to a person shall be deemed conduct that causes the
death of that person, whether or not that person has died
before the prosecution for the offense under this section
takes place.
‘‘(b) 
REQUIRED
CIRCUMSTANCES.—The 
cir-
cumstance referred to in subsection (a) of this is that the
conduct resulting in death occurs in the course of another
offense against the United States.
‘‘(c) PENALTY.—The penalty for an offense under
this section is a fine under this title or imprisonment for
life or any term of years, or both. A sentence of death
may also be imposed for an offense under this section as
provided in subsections (d)–(l), except that a sentence of
death may not be imposed on a defendant who was below
the age of 18 years at the time of the commission of the
crime.
‘‘(d) MITIGATING FACTORS.—In determining wheth-
er to recommend a sentence of death, the jury shall con-
sider whether any aspect of the defendant’s character,
background, or record or any circumstance of the offense
that the defendant may proffer as a mitigating factor ex-
ists, including the following factors:
‘‘(1) MENTAL
CAPACITY.—The defendant’s
mental capacity to appreciate the wrongfulness of
his conduct or to conform his conduct to the require-
ments of law was significantly impaired.
‘‘(2) DURESS.—The defendant was under un-
usual and substantial duress.
‘‘(3) PARTICIPATION IN OFFENSE MINOR.—The
defendant is punishable as a principal (pursuant to
section 2 of this title) in the offense, which was com-
mitted by another, but the defendant’s participation
was relatively minor.
‘‘(e) 
AGGRAVATING
FACTORS.—In 
determining
whether to recommend a sentence of death, the jury shall
consider any aggravating factor for which notice has been
provided under subsection (f), including the following
factors:
‘‘(1) KILLING IN COURSE OF DESIGNATED SEX
CRIMES.—The conduct resulting in death occurred
in the course of an offense defined in chapter 109A,
110, or 117 of this title.
‘‘(2) KILLING IN CONNECTION WITH SEXUAL
ASSAULT OR CHILD MOLESTATION.—The defendant
committed a crime of sexual assault or crime of
child molestation, as defined in subsection (x), in the
course of an offense on which federal jurisdiction is
based under subsection (b).
‘‘(3) PRIOR CONVICTION OF SEXUAL ASSAULT
OR CHILD MOLESTATION.—The defendant has pre-
viously been convicted of a crime of sexual assault
or crime of child molestation as defined in sub-
section (x).
‘‘(f) NOTICE OF INTENT TO SEEK DEATH PEN-
ALTY.—If the government intends to seek the death pen-
alty for an offense under this section, the attorney for the
government shall file with the court and serve on the de-
fendant a notice of such intent. The notice shall be pro-
vided a reasonable time before the trial or acceptance of
a guilty plea, or at such later time before trial as the court
may permit for good cause. If the court permits a late
filing of the notice upon a showing of good cause, the court
shall ensure that the defendant has adequate time to pre-
pare for trial. The notice shall set forth the aggravating
factor or factors set forth in subsection (e) and any other
aggravating factor or factors that the government will seek
to prove as the basis for the death penalty. The factors
for which notice is provided under this subsection may in-
clude factors concerning the effect of the offense on the
victim and the victim’s family. The court may permit the
attorney for the government to amend the notice upon a
showing of good cause.
‘‘(g) JUDGE AND JURY AT CAPITAL SENTENCING
HEARING.—A hearing to determine whether the death
penalty will be imposed for an offense under this section
shall be conducted by the judge who presided at trial or
accepted a guilty plea, or by another judge if that judge
is not available. The hearing shall be conducted before the
jury that determined the defendant’s guilt if that jury is
available. A new jury shall be impaneled for the purpose
of the hearing if the defendant pleaded guilty, the trial
of guilt was conducted without a jury, the jury that deter-
mined the defendant’s guilt was discharged for good
cause, or reconsideration of the sentence is necessary after
the initial imposition of a sentence of death. A jury
impaneled under this subsection shall have twelve mem-
bers unless the parties stipulate to a lesser number at any
time before the conclusion of the hearing with the approval
of the judge. Upon motion of the defendant, with the ap-
proval of the attorney for the government, the hearing
shall be carried out before the judge without a jury. If
there is no jury, references to ‘the jury’ in this section,
where applicable, shall be understood as referring to the
judge.
‘‘(h) PROOF
OF MITIGATING
AND AGGRAVATING
FACTORS.—No presentence report shall be prepared if a
capital sentencing hearing is held under this section. Any
information relevant to the existence of mitigating factors,
or to the existence of aggravating factors for which notice
has been provided under subsection (f), may be presented
by either the government or the defendant. The informa-
tion presented may include trial transcripts and exhibits.
Information presented by the government in support of
factors concerning the effect of the offense on the victim
and the victim’s family may include oral testimony, a vic-
tim impact statement that identifies the victim of the of-
fense and the nature and extent of harm and loss suffered
by the victim and the victim’s family, and other relevant
information. Information is admissible regardless of its
admissibility under the rules governing the admission of
evidence at criminal trials, except that information may
be excluded if its probative value is outweighed by the dan-
ger of creating unfair prejudice, confusing the issues, or
misleading the jury. The attorney for the government and
for the defendant shall be permitted to rebut any informa-
tion received at the hearing, and shall be given fair oppor-
tunity to present argument as to the adequacy of the in-
formation to establish the existence of any aggravating or
mitigating factor, and as to the appropriateness in that
case of imposing a sentence of death. The attorney for
the government shall open the argument, the defendant
shall be permitted to reply, and the government shall then
be permitted to reply in rebuttal.
‘‘(i) FINDINGS OF AGGRAVATING AND MITIGATING
FACTORS.—The jury shall return special findings identify-
ing any aggravating factor or factors for which notice has
been provided under subsection (f) and which the jury
unanimously determines have been established by the gov-
ernment beyond a reasonable doubt. A mitigating factor
is established if the defendant has proven its existence by
a preponderance of the evidence, and any member of the
jury who finds the existence of such a factor may regard
it as established for purposes of this section regardless of
the number of jurors who concur that the factor has been
established.
‘‘(j) FINDING
CONCERNING
A
SENTENCE
OF
DEATH.—If the jury specially finds under subsection (i)
that one or more aggravating factors set forth in sub-
section (e) exist, and the jury further finds unanimously
that there are no mitigating factors or that the aggravat-
ing factor or factors specially found under subsection (i)
outweigh any mitigating factors, then the jury shall rec-
ommend a sentence of death. In any other case, the jury
shall not recommend a sentence of death. The jury shall
be instructed that it must avoid any influence of sym-
pathy, sentiment, passion, prejudice, or other arbitrary
factors in its decision, and should make such a rec-
ommendation as the information warrants.
‘‘(k) SPECIAL PRECAUTION TO ASSURE AGAINST
DISCRIMINATION.—In a hearing held before a jury, the
court, before the return of a finding under subsection (j),
shall instruct the jury that, in considering whether to rec-
ommend a sentence of death, it shall not be influenced
by prejudice or bias relating to the race, color, religion,
national origin, or sex of the defendant or any victim, and
that the jury is not to recommend a sentence of death
unless it has concluded that it would recommend a sen-
tence of death for such a crime regardless of the race,
color, religion, national origin, or sex of the defendant or
any victim. The jury, upon the return of a finding under
subsection (j), shall also return to the court a certificate,
signed by each juror, that the race, color, religion, national
origin, or sex of the defendant or any victim did not affect
the juror’s individual decision and that the individual juror
would have recommended the same sentence for such a
crime regardless of the race, color, religion, national ori-
gin, or sex of the defendant or any victim.
‘‘(l) IMPOSITION OF A SENTENCE OF DEATH.—Upon
a recommendation under subsection (j) that a sentence of
death be imposed, the court shall sentence the defendant
to death. Otherwise the court shall impose a sentence,
other than death, that is authorized by law.
‘‘(m) REVIEW OF A SENTENCE OF DEATH.—The de-
fendant may appeal a sentence of death under this section
by filing a notice of appeal of the sentence within the time
provided for filing a notice of appeal of the judgment of
conviction. An appeal of a sentence under this subsection
may be consolidated with an appeal of the judgment of
conviction and shall have priority over all noncapital mat-
ters in the court of appeals. The court of appeals shall
review the entire record in the case including the evidence
submitted at trial and information submitted during the
sentencing hearing, the procedures employed in the sen-
tencing hearing, and the special findings returned under
subsection (i). The court of appeals shall uphold the sen-
tence if it determines that the sentence of death was not
imposed under the influence of passion, prejudice, or any
other arbitrary factor, that the evidence and information
support the special findings under subsection (i), and that
the proceedings were otherwise free of prejudicial error
that was properly preserved for and raised on appeal. In
any other case, the court of appeals shall remand the case
for reconsideration of the sentence or imposition of an-
other authorized sentence as appropriate, except that the
court shall not reverse a sentence of death on the ground
that an aggravating factor was not supported by the evi-
dence and information if at least one aggravating factor
set forth in subsection (e) which was found to exist re-
mains and the court, on the basis of the evidence submit-
ted at trial and the information submitted at the sentenc-
ing hearing, finds no mitigating factor or finds that the
remaining aggravating factor or factors which were found
to exist outweigh any mitigating factors. The court of ap-
peals shall state in writing the reasons for its disposition
of an appeal of a sentence of death under this section.
‘‘(n) IMPLEMENTATION OF SENTENCE OF DEATH.—
A person sentenced to death under this section shall be
committed to the custody of the Attorney General until
exhaustion of the procedures for appeal of the judgment
of conviction and review of the sentence. When the sen-
tence is to be implemented, the Attorney General shall re-
lease the person sentenced to death to the custody of a
United States Marshal. The Marshal shall supervise im-
plementation of the sentence in the manner prescribed by
the law of the State in which the sentence is imposed, or
in the manner prescribed by the law of another State des-
ignated by the court if the law of the State in which the
sentence was imposed does not provide for implementation
of a sentence of death. The Marshal may use State or local
facilities, may use the services of an appropriate State or
local official or of a person such an official employs, and
shall pay the costs thereof in an amount approved by the
Attorney General.
‘‘(o) SPECIAL BAR TO EXECUTION.—A sentence of
death shall not be carried out upon a woman while she
is pregnant.
‘‘(p) CONSCIENTIOUS OBJECTION TO PARTICIPATION
IN EXECUTION.—No employee of any State department
of corrections, the Federal Bureau of Prisons, or the Unit-
ed States Marshals Service, and no person providing serv-
ices to that department, bureau, or service under contract
shall be required, as a condition of that employment or
contractual obligation, to be in attendance at or to partici-
pate in any execution carried out under this section if such
participation is contrary to the moral or religious convic-
tions of the employee. For purposes of this subsection, the
term ‘participate in any execution’ includes personal prep-
aration of the condemned individual and the apparatus
used for the execution, and supervision of the activities
of other personnel in carrying out such activities.
‘‘(q) APPOINTMENT
OF COUNSEL
FOR INDIGENT
CAPITAL DEFENDANTS.—A defendant against whom a
sentence of death is sought, or on whom a sentence of
death has been imposed, under this section, shall be enti-
tled to appointment of counsel from the commencement
of trial proceedings until one of the conditions specified
in subsection (v) has occurred, if the defendant is or be-
comes financially unable to obtain adequate representa-
tion. Counsel shall be appointed for trial representation
as provided in section 3005 of this title, and at least one
counsel so appointed shall continue to represent the de-
fendant until the conclusion of direct review of the judg-
ment, unless replaced by the court with other qualified
counsel. Except as otherwise provided in this section, the
provisions of section 3006A of this title shall apply to ap-
pointments under this section.
‘‘(r) REPRESENTATION AFTER FINALITY OF JUDG-
MENT.—When a judgment imposing a sentence of death
under this section has become final through affirmance by
the Supreme Court on direct review, denial of certiorari
by the Supreme Court on direct review, or expiration of
the time for seeking direct review in the court of appeals
or the Supreme Court, the government shall promptly no-
tify the court that imposed the sentence. The court, within
10 days of receipt of such notice, shall proceed to make
a determination whether the defendant is eligible for ap-
pointment of counsel for subsequent proceedings. The
court shall issue an order appointing one or more counsel
to represent the defendant upon a finding that the defend-
ant is financially unable to obtain adequate representation
and wishes to have counsel appointed or is unable com-
petently to decide whether to accept or reject appointment
of counsel. The court shall issue an order denying appoint-
ment of counsel upon a finding that the defendant is fi-
nancially able to obtain adequate representation or that
the defendant rejected appointment of counsel with an un-
derstanding of the consequences of that decision. Counsel
appointed pursuant to this subsection shall be different
from the counsel who represented the defendant at trial
and on direct review unless the defendant and counsel re-
quest a continuation or renewal of the earlier representa-
tion.
‘‘(s) STANDARDS FOR COMPETENCE OF COUNSEL.—
In relation to a defendant who is entitled to appointment
of counsel under subsections (q)–(r), at least one counsel
appointed for trial representation must have been admit-
ted to the bar for at least 5 years and have at least three
years of experience in the trial of felony cases in the Fed-
eral district courts. If new counsel is appointed after judg-
ment, at least one counsel so appointed must have been
admitted to the bar for at least 5 years and have at least
3 years of experience in the litigation of felony cases in
the Federal courts of appeals or the Supreme Court. The
court, for good cause, may appoint counsel who does not
meet these standards, but whose background, knowledge,
or experience would otherwise enable him or her to prop-
erly represent the defendant, with due consideration of the
seriousness of the penalty and the nature of the litigation.
‘‘(t) CLAIMS OF INEFFECTIVENESS OF COUNSEL IN
COLLATERAL PROCEEDINGS.—The ineffectiveness or in-
competence of counsel during proceedings on a motion
under section 2255 of title 28, United States Code, shall
not be a ground for relief from the judgment or sentence
in any proceeding. This limitation shall not preclude the
appointment of different counsel at any stage of the
proceedings.
‘‘(u) TIME FOR COLLATERAL ATTACK ON DEATH
SENTENCE.—A motion under section 2255 of title 28,
United States Code, attacking a sentence of death under
this section, or the conviction on which it is predicated,
must be filed within 90 days of the issuance of the order
under subsection (r) appointing or denying the appoint-
ment of counsel for such proceedings. The court in which
the motion is filed, for good cause shown, may extend the
time for filing for a period not exceeding 60 days. Such
a motion shall have priority over all non-capital matters
in the district court, and in the court of appeals on review
of the district court’s decision.
‘‘(v) STAY OF EXECUTION.—The execution of a sen-
tence of death under this section shall be stayed in the
course of direct review of the judgment and during the
litigation of an initial motion in the case under section
2255 of title 28, United States Code. The stay shall run
continuously following imposition of the sentence and shall
expire if—
‘‘(1) the defendant fails to file a motion under
section 2255 of title 28, United States Code, within
the time specified in subsection (u), or fails to make
a timely application for court of appeals review fol-
lowing the denial of such a motion by a district
court;
‘‘(2) upon completion of district court and court
of appeals review under section 2255 of title 28,
United States Code, the Supreme Court disposes of
a petition for certiorari in a manner that leaves the
capital sentence undisturbed, or the defendant fails
to file a timely petition for certiorari; or
‘‘(3) before a district court, in the presence of
counsel and after having been advised of the con-
sequences of such a decision, the defendant waives
the right to file a motion under section 2255 of title
28, United States Code.
‘‘(w) FINALITY OF THE DECISION ON REVIEW.—If
one of the conditions specified in subsection (v) has oc-
curred, no court thereafter shall have the authority to
enter a stay of execution or grant relief in the case un-
less—
‘‘(1) the basis for the stay and request for relief
is a claim not presented in earlier proceedings;
‘‘(2) the failure to raise the claim is the result
of governmental action in violation of the Constitu-
tion or laws of the United States, the result of the
Supreme Court’s recognition of a new Federal right
that is retroactively applicable, or the result of the
fact that the factual predicate of the claim could not
have been discovered through the exercise of reason-
able diligence in time to present the claim in earlier
proceedings; and
‘‘(3) the facts underlying the claim would be
sufficient, if proven, to undermine the court’s con-
fidence in the determination of guilt on the offense
or offenses for which the death penalty was imposed.
‘‘(x) DEFINITIONS.—For purposes of this section—
‘‘(1) ‘crime of sexual assault’ means a crime
under Federal or State law that involved—
‘‘(A) contact, without consent, between any
part of the defendant’s body or an object and
the genitals or anus of another person;
‘‘(B) contact, without consent, between the
genitals or anus of the defendant and any part
of the body of another person;
‘‘(C) deriving sexual pleasure or gratifi-
cation from the infliction of death, bodily in-
jury, or physical pain on another person; or
‘‘(D) an attempt or conspiracy to engage
in any conduct described in paragraphs (A)–
(C);
‘‘(2) ‘crime of child molestation’ means a crime
under Federal or State law that involved—
‘‘(A) contact between any part of the de-
fendant’s body or an object and the genitals or
anus of a child;
‘‘(B) contact between the genitals or anus
of the defendant and any part of the body of
a child;
‘‘(C) deriving sexual pleasure or gratifi-
cation from the infliction of death, bodily in-
jury, or physical pain on a child; or
‘‘(D) an attempt or conspiracy to engage
in any conduct described in paragraphs (A)–
(C); and
‘‘(3) ‘child’ means a person below the age of
14.’’; and
(2) by adding the following at the end of the
table of sections for chapter 51:
‘‘1118. Capital punishment for murders committed by sex offenders.’’.
SEC. 303. INCREASED PENALTIES FOR RECIDIVIST SEX OF-
FENDERS.
(a) REDESIGNATION.—Section 2245 of title 18,
United States Code, is redesignated section 2246.
(b) PENALTIES.—Chapter 109A of title 18, United
States Code, is amended by inserting the following new
section after section 2244:
‘‘§ 2245. Penalties for subsequent offenses
‘‘Any person who violates this chapter after a prior
conviction under this chapter or the law of a State (as
defined in section 513 of this title) for conduct proscribed
by this chapter has become final is punishable by a term
of imprisonment up to twice that otherwise authorized.’’.
(c) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 109A of title 18, United States
Code, is amended—
(1) by striking ‘‘2245’’ and inserting in lieu
thereof ‘‘2246’’; and
(2) by inserting after the item relating to sec-
tion 2244 the following:
‘‘2245. Penalties for subsequent offenses.’’.
SEC. 304. INCREASED PENALTIES FOR SEX OFFENSES
AGAINST VICTIMS BELOW THE AGE OF 16.
Paragraph (2) of section 2246 of title 18, United
States Code, as so redesignated by this Act, is amended—
(1) in subparagraph (B) by striking ‘‘or’’ after
the semicolon;
(2) in subparagraph (C) by striking ‘‘; and’’
and inserting in lieu thereof ‘‘; or’’; and
(3) by inserting a new subparagraph (D) as fol-
lows:
‘‘(D) the intentional touching, not through
the clothing, of the genitalia of another person
who has not attained the age of 16 years with
an intent to abuse, humiliate, harass, degrade,
or arouse or gratify the sexual desire of any
person;’’.
SEC. 305. SENTENCING GUIDELINES INCREASE FOR SEX OF-
FENSES.
The United States Sentencing Commission shall
amend the sentencing guidelines to increase by at least
four levels the base offense level for an offense under sec-
tion 2241 (aggravated sexual abuse) or section 2242 (sex-
ual abuse) of title 18, United States Code, and shall con-
sider whether any other changes are warranted in the
guidelines provisions applicable to such offenses to ensure
realization of the objectives of sentencing. In amending the
guidelines in conformity with this section, the Sentencing
Commission shall review the appropriateness and ade-
quacy of existing offense characteristics and adjustments
applicable to such offenses, taking into account the hei-
nousness of sexual abuse offenses, the severity and dura-
tion of the harm caused to victims, and any other relevant
factors. In any subsequent amendment to the sentencing
guidelines, the Sentencing Commission shall maintain
minimum guidelines sentences for the offenses referenced
in this section which are at least equal to those required
by this section.
SEC. 306. HIV TESTING AND PENALTY ENHANCEMENT IN
SEXUAL OFFENSE CASES.
(a) IN GENERAL.—Chapter 109A of title 18, United
States Code, is amended by inserting at the end the follow-
ing new section:
‘‘§ 2247. Testing for human immunodeficiency virus;
disclosure of test results to victim; effect
on penalty
‘‘(a) TESTING AT TIME OF PRE-TRIAL RELEASE DE-
TERMINATION.—In a case in which a person is charged
with an offense under this chapter, a judicial officer issu-
ing an order pursuant to section 3142(a) of this title shall
include in the order a requirement that a test for the
human immunodeficiency virus be performed upon the
person, and that follow-up tests for the virus be performed
6 months and 12 months following the date of the initial
test, unless the judicial officer determines that the conduct
of the person created no risk of transmission of the virus
to the victim, and so states in the order. The order shall
direct that the initial test be performed within 24 hours,
or as soon thereafter as feasible. The person shall not be
released from custody until the test is performed.
‘‘(b) TESTING AT LATER TIME.—If a person charged
with an offense under this chapter was not tested for the
human immunodeficiency virus pursuant to subsection (a),
the court may at a later time direct that such a test be
performed upon the person, and that follow-up tests be
performed 6 months and 12 months following the date of
the initial test, if it appears to the court that the conduct
of the person may have risked transmission of the virus
to the victim. A testing requirement under this subsection
may be imposed at any time while the charge is pending,
or following conviction at any time prior to the person’s
completion of service of the sentence.
‘‘(c) TERMINATION OF TESTING REQUIREMENT.—A
requirement of follow-up testing imposed under this sec-
tion shall be canceled if any test is positive for the virus
or the person obtains an acquittal on, or dismissal of, all
charges under this chapter.
‘‘(d) DISCLOSURE OF TEST RESULTS.—The results
of any test for the human immunodeficiency virus per-
formed pursuant to an order under this section shall be
provided to the judicial officer or court. The judicial offi-
cer or court shall ensure that the results are disclosed to
the victim (or to the victim’s parent or legal guardian, as
appropriate), the attorney for the government, and the
person tested.
‘‘(e) EFFECT ON PENALTY.—The United States Sen-
tencing Commission shall amend existing guidelines for
sentences for offenses under this chapter to enhance the
sentence if the offender knew or had reason to know that
he was infected with the human immunodeficiency virus,
except where the offender did not engage or attempt to
engage in conduct creating a risk of transmission of the
virus to the victim.’’.
(b) CLERICAL AMENDMENT.—The table of sections
for chapter 109A of title 18, United States Code, is
amended by inserting at the end thereof the following new
item:
‘‘2247. Testing for human immunodeficiency virus; disclosure of test results to
victim; effect on penalty’’.
SEC. 
307. 
ADMISSIBILITY 
OF 
EVIDENCE 
OF 
SIMILAR
CRIMES IN SEX OFFENSE CASES.
(a) IN GENERAL.—Article IV of the Federal Rules
of Evidence is amended by adding after Rule 412 the
following new rules:
‘‘Rule 413. Evidence of Similar Crimes in Sexual As-
sault Cases
‘‘(a) In a criminal case in which the defendant is ac-
cused of an offense of sexual assault, evidence of the de-
fendant’s commission of another offense or offenses of sex-
ual assault is admissible, and may be considered for its
bearing on any matter to which it is relevant.
‘‘(b) In a case in which the government intends to
offer evidence under this Rule, the attorney for the govern-
ment shall disclose the evidence to the defendant, includ-
ing statements of witnesses or a summary of the substance
of any testimony that is expected to be offered, at least
fifteen days before the scheduled date of trial or at such
later time as the court may allow for good cause.
‘‘(c) This Rule shall not be construed to limit the ad-
mission or consideration of evidence under any other Rule.
‘‘(d) For purposes of this Rule and Rule 415, ‘offense
of sexual assault’ means a crime under Federal law or the
law of a State (as defined in section 513 of title 18, United
States Code) that involved—
‘‘(1) any conduct proscribed by chapter 109A of
title 18, United States Code;
‘‘(2) contact, without consent, between any part
of the defendant’s body or an object and the genitals
or anus of another person;
‘‘(3) contact, without consent, between the geni-
tals or anus of the defendant and any part of an-
other person’s body;
‘‘(4) deriving sexual pleasure or gratification
from the infliction of death, bodily injury, or phys-
ical pain on another person; or
‘‘(5) an attempt or conspiracy to engage in con-
duct described in paragraphs (1)–(4).
‘‘Rule 414. Evidence of Similar Crimes in Child Mo-
lestation Cases
‘‘(a) In a criminal case in which the defendant is ac-
cused of an offense of child molestation, evidence of the
defendant’s commission of another offense or offenses of
child molestation is admissible, and may be considered for
its bearing on any matter to which it is relevant.
‘‘(b) In a case in which the government intends to
offer evidence under this Rule, the attorney for the govern-
ment shall disclose the evidence to the defendant, includ-
ing statements of witnesses or a summary of the substance
of any testimony that is expected to be offered, at least
fifteen days before the scheduled date of trial or at such
later time as the court may allow for good cause.
‘‘(c) This Rule shall not be construed to limit the ad-
mission or consideration of evidence under any other Rule.
‘‘(d) For purposes of this Rule and Rule 415, the
term ‘child’ means a person below the age of 14 years,
and the term ‘offense of child molestation’ means a crime
under Federal law or the law of a State (as defined in
section 513 of title 18, United States Code) that in-
volved—
‘‘(1) any conduct proscribed by chapter 109A of
title 18, United States Code, that was committed in
relation to a child;
entered before, on, or after the date of the enactment of
this Act.
(c) INTERIM REFERENCE
TO PROVISIONAL ASY-
LUM.—Any reference in section 235(b)(2) of the Immigra-
tion and Nationality Act (as amended by section 101(a)
of this Act) to provisional asylum under section 208 of
the Immigration and Nationality Act shall be deemed, be-
fore the effective date of the amendment made by section
201(a), to be a reference to asylum under section 208 of
such Act.
SEC. 406. ASYLUM.
(a) IN GENERAL.—Section 208 (8 U.S.C. 1158) of
the Immigration and Nationality Act is amended to read
as follows:
‘‘ASYLUM
‘‘SEC. 208. (a) PROVISIONAL ASYLUM.—
‘‘(1) RIGHT
TO
APPLY.—An alien physically
present in the United States or at a land border or
port of entry, irrespective of such alien’s status, may
apply for provisional asylum in accordance with this
section.
‘‘(2) CONDITIONS FOR GRANTING.—
‘‘(A) MANDATORY
CASES.—The Attorney
General shall grant provisional asylum to an
alien if the alien applies for provisional asylum
in accordance with the requirements of this sec-
(7) a major impetus for this increased Federal
role in combating violent crime is the lack of effec-
tive tools with which State and local governments
can prosecute violent criminal offenders;
(8) a more uniform, proportionate, and appro-
priately punitive system of sentencing for violent
criminal offenders would serve both to reduce the in-
cidence of violent crime and to reduce the need for
direct Federal involvement in criminal matters tradi-
tionally handled by State and local governments;
(9) a more appropriate and effective role for the
Federal Government in the struggle against most
violent crime is to encourage each State to take the
steps necessary to reduce crime in such State which
would also reduce the national crime rate;
(10) the United States Sentencing Guidelines
have proven to be an effective means of achieving,
at the Federal level, a more uniform, proportionate,
and appropriately punitive criminal sentencing sys-
tem; and
(11) each State should be required to analyze
its criminal sentencing system and to consider
whether the adoption of a revised sentencing system
would enable it to combat violent crime more effec-
tively.