217
public corruption),’’ after ‘‘section 224 (bribery in sport-
ing contests),’’.
SEC. 803. INTERSTATE COMMERCE.
(a) IN GENERAL.—Section 1343 of title 18, United
States Code, is amended—
(1) by striking ‘‘transmits or causes to be
transmitted by means of wire, radio, or television
communication in interstate or foreign commerce,
any writings, signs, signals, pictures, or sounds’’ and
inserting ‘‘uses or causes to be used any facility of
interstate or foreign commerce’’; and
(2) by inserting ‘‘or attempting to do so’’ after
‘‘for the purpose of executing such scheme or arti-
fice’’.
(b) TECHNICAL AMENDMENTS.—(1) The heading of
section 1343 of title 18, United States Code, is amended
to read as follows:
‘‘§ 1343. Fraud by use of facility of interstate com-
merce’’.
(2) The chapter analysis for chapter 63 of title 18,
United States Code, is amended by amending the item re-
lating to section 1343 to read as follows:
‘‘1343. Fraud by use of facility of interstate commerce.’’.
218
SEC. 804. NARCOTICS-RELATED PUBLIC CORRUPTION.
(a) OFFENSES.—Chapter 11 of title 18, United
States Code, is amended by inserting after section 219 the
following new section:
‘‘§ 220. Narcotics and public corruption
‘‘(a) OFFENSE BY PUBLIC OFFICIAL.—A public offi-
cial who, in a circumstance described in subsection (c),
directly or indirectly, corruptly demands, seeks, receives,
accepts, or agrees to receive or accept anything of value
personally or for any other person in return for—
‘‘(1) being influenced in the performance or
nonperformance of any official act; or
‘‘(2) being influenced to commit or to aid in
committing, or to collude in, or to allow or make op-
portunity for the commission of any offense against
the United States or any State,
shall be guilty of a class B felony.
‘‘(b) OFFENSE BY PERSON OTHER THAN A PUBLIC
OFFICIAL.—A person who, in a circumstance described in
subsection (c), directly or indirectly, corruptly gives, of-
fers, or promises anything of value to any public official,
or offers or promises any public official to give anything
of value to any other person, with intent—
‘‘(1) to influence any official act;
‘‘(2) to influence the public official to commit
or aid in committing, or to collude in, or to allow or
219
make opportunity for the commission of any offense
against the United States or any State; or
‘‘(3) to influence the public official to do or to
omit to do any act in violation of the official’s lawful
duty,
shall be guilty of a class B felony.
‘‘(c) CIRCUMSTANCES
IN
WHICH
OFFENSE
OC-
CURS.—The circumstances referred to in subsections (a)
and (b) are that the offense involves, is part of, or is in-
tended to further or to conceal the illegal possession, im-
portation, manufacture, transportation, or distribution of
any controlled substance or controlled substance analogue.
‘‘(d) DEFINITIONS.—As used in this section—
‘‘(1) the terms ‘controlled substance’ and ‘con-
trolled substance analogue’ have the meanings stated
in section 102 of the Controlled Substances Act (21
U.S.C. 802);
‘‘(2) the term ‘official act’ means any decision,
action, or conduct regarding any question, matter,
proceeding, cause, suit, investigation, or prosecution
which may at any time be pending, or which may be
brought before any public official, in such official’s
official capacity, or in such official’s place of trust
or profit; and
‘‘(3) the term ‘public official’ means—
220
‘‘(A) an officer or employee or person act-
ing for or on behalf of the United States, or
any department, agency, or branch of Govern-
ment thereof in any official function, under or
by authority of any such department, agency, or
branch of Government;
‘‘(B) a juror;
‘‘(C) an officer or employee or person act-
ing for or on behalf of the government of any
State, territory, or possession of the United
States (including the District of Columbia), or
any political subdivision thereof, in any official
function, under or by the authority of any such
State, territory, possession, or political subdivi-
sion; and
‘‘(D) any person who has been nominated
or appointed to a position described in subpara-
graph (A), (B), or (C), or has been officially in-
formed that he or she will be so nominated or
appointed.’’.
(b) TECHNICAL AMENDMENTS.—(1) Section 1961(1)
of title 18, United States Code, is amended by inserting
‘‘section 220 (relating to narcotics and public corrup-
tion),’’ after ‘‘Section 201 (relating to bribery),’’.
221
(2) Section 2516(1)(c) of title 18, United States
Code, is amended by inserting ‘‘section 220 (relating to
narcotics and public corruption),’’ after ‘‘section 201
(bribery of public officials and witnesses),’’.
(3) The chapter analysis for chapter 11 of title 18,
United States Code, is amended by inserting after the
item for section 219 the following new item:
‘‘220. Narcotics and public corruption.’’.
TITLE IX—FEDERAL PRISONS
SEC. 901. AUTHORIZATION OF APPROPRIATIONS FOR NEW
PRISON CONSTRUCTION.
There is authorized to be appropriated for fiscal year
1994 to the buildings and facilities account, Federal Pris-
on System, Department of Justice, $500,000,000 for the
planning of, acquisition of sites for, and the construction
of new penal and correctional facilities, such appropria-
tions to be in addition to any appropriations provided in
regular appropriations Acts or continuing resolutions for
that fiscal year.
TITLE X—VIOLENT CRIME
SEC. 1001. SHORT TITLE.
This Act may be cited as the ‘‘Life Imprisonment for
Egregious Recidivists Act of 1993’’.
SEC. 1002. TITLE 18 AMENDMENT.
Section 3581 of title 18, United States Code, is
amended by adding at the end the following:
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‘‘(c) IMPRISONMENT
OF CERTAIN VIOLENT FEL-
ONS.—
‘‘(1) GENERAL
RULE.—Notwithstanding any
other provision of this title or any other law, in the
case of a conviction for a Federal violent felony, the
court shall sentence the defendant to prison for life
if the defendant has previously been convicted of two
other violent felonies.
‘‘(2) DEFINITION.—As used in this section the
term ‘‘violent felony’’ is a State or Federal crime of
violence (as defined in section 16 of this title)—
‘‘(A) that involves the threatened use, use,
or the risk of use of physical force against the
person of another;
‘‘(B) for which the maximum authorized
imprisonment exceeds one year; and
‘‘(C) which is not designated a mis-
demeanor by the law that defines the offense.
‘‘(3) RULE
OF
CONSTRUCTION.—This sub-
section shall not be construed to prevent the imposi-
tion of the death penalty.’’.
223
TITLE XI—INTERNATIONAL
PARENTAL KIDNAPPING
SEC. 1101. SHORT TITLE.
This Act may be cited as the ‘‘International Parental
Kidnapping Crime Act of 1993’’.
SEC. 1102. TITLE 18 AMENDMENT.
(a) IN GENERAL.—Chapter 55 (relating to kidnap-
ping) of title 18, United States Code, is amended by add-
ing at the end the following:
‘‘§ 1204. International parental kidnapping
‘‘(a) Whoever—
‘‘(1) removes a child from the United States or
retains a child (who has been in the United States)
outside the United States—
‘‘(A) in order to obstruct the lawful exer-
cise of parental rights that are established in a
court order;
‘‘(B) in order to obstruct the lawful exer-
cise of parental rights by the mother of that
child, in the case of a child—
‘‘(i) whose parents have not been mar-
ried;
‘‘(ii) with regard to whom paternity
has not been judicially established; and
224
‘‘(iii) whose custody has not been judi-
cially granted to a person other than the
mother; or
‘‘(C) in order to obstruct the lawful exer-
cise of parental rights during the pendency of
judicial proceedings to determine parental
rights; or
‘‘(2) in any other circumstances removes a child
from the United States or retains a child (who has
been in the United States) outside the United
States, in order to obstruct the lawful exercise of pa-
rental rights;
shall be fined under this title or imprisoned not more than
3 years, or both.
‘‘(b) As used in this section—
‘‘(1) the term ‘child’ means a person who has
not attained the age of 16 years; and
‘‘(2) the term ‘parental rights’, with respect to
a child, means the right to physical custody of the
child—
‘‘(A) whether joint or sole (and includes
visiting rights); and
‘‘(B) whether arising by operation of law,
court order, or agreement of the parties.’’.
225
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 55 of title 18, United States
Code, is amended by adding at the end the following:
‘‘1204. International parental kidnapping.’’.
SEC. 1103. STATE COURT PROGRAMS REGARDING INTER-
NATIONAL PARENTAL CHILD ABDUCTION.
There is authorized to be appropriated $250,000 to
carry out under the State Justice Institute Act of 1984
(42 U.S.C. 10701–10713) national, regional, and in-State
training and educational programs dealing with criminal
and civil aspects of interstate and international parental
child abduction.
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