‘‘(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
‘‘(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 18 years; and
‘‘(2) the term ‘parental rights’, with respect to
a child, means the right to physical custody of the
child—
‘‘(A) whether joint or sole (and includes
visiting rights); and
‘‘(B) whether arising by operation of law,
court order, or agreement of the parties.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 55 of title 18, United States
Code, is amended by adding at the end the following:
‘‘1204. International parental kidnapping.’’.
SEC. 140. 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.
Subtitle D—Punishment of Serious
Juvenile Offenders
SEC. 151. SERIOUS JUVENILE DRUG OFFENSES AS ARMED
CAREER CRIMINAL ACT PREDICATES.
Section 924(e)(2)(A) of title 18, United States Code,
is amended—
(1) by striking ‘‘or’’ at the end of clause (i);
(2) by adding ‘‘or’’ at the end of clause (ii); and
(3) by adding at the end the following:
‘‘(iii) any act of juvenile delinquency
that if committed by an adult would be a
serious drug offense described in this para-
graph;’’.
SEC. 152. PROSECUTION AS ADULTS OF VIOLENT JUVENILE
OFFENDERS.
Section 5032 of title 18, United States Code, is
amended by adding at the end the following new para-
graph:
‘‘Notwithstanding any other provision of this section
or any other law, a juvenile who was 13 years old or older
on the date of the commission of an offense under section
113 (a), (b), or (c), 1111, 1113, 2111, or 2113 (if the
juvenile was in possession of a firearm during the offense),
or 2241 (a) or (c) (if the juvenile was in possession of
a firearm during the offense) of this title shall be pros-
ecuted as an adult in Federal court. If a juvenile pros-
ecuted under this paragraph is convicted, the juvenile shall
be entitled to file a petition for resentencing pursuant to
applicable sentencing guidelines no earlier than two years
following the original conviction, or when he or she reaches
the age of 18, whichever is later. The United States Sen-
tencing Commission shall promulgate guidelines or amend
existing guidelines, if necessary, to carry out the purposes
of this paragraph. For resentencing determinations pursu-
ant to subsection (b), the Commission may promulgate
guidelines, if necessary, to permit sentencing adjustments
which may include adjustments which provide for super-
vised releases, for defendants who have clearly dem-
onstrated an exceptional degree of responsibility for the
offense and a willingness and ability to refrain from future
criminal conduct.’’.
SEC. 
153. 
AMENDMENTS 
CONCERNING 
RECORDS 
OF
CRIMES COMMITTED BY JUVENILES.
(a) IN GENERAL.—Section 5038 of title 18, United
States Code, is amended by striking subsections (d) and
(f), redesignating subsection (e) as subsection (d), and by
adding at the end new subsections (e) and (f) as follows:
‘‘(e) Whenever a juvenile has been found guilty of
committing an act which if committed by an adult would
be an offense described in clause (3) of the first paragraph
of section 5032 of this title, the juvenile shall be
fingerprinted and photographed, and the fingerprints and
photograph shall be sent to the Federal Bureau of Inves-
tigation, Identification Division. The court shall also
transmit to the Federal Bureau of Investigation, Identi-
fication Division, the information concerning the adjudica-
tion, including name, date of adjudication, court, offenses,
and sentence, along with the notation that the matter was
a juvenile adjudication. The fingerprints, photograph, and
other records and information relating to a juvenile de-
scribed in this subsection, or to a juvenile who is pros-
ecuted as an adult, shall be made available in the manner
applicable to adult defendants.
‘‘(f) In addition to any other authorization under this
section for the reporting, retention, disclosure, or avail-
ability of records or information, if the law of the State
in which a Federal juvenile delinquency proceeding takes
place permits or requires the reporting, retention, disclo-
sure, or availability of records or information relating to
a juvenile or to a juvenile delinquency proceeding or adju-
dication in certain circumstances, then such reporting, re-
tention, disclosure, or availability is permitted under this
section whenever the same circumstances exist.’’.
(b) REPEAL.—Section 3607 of title 18, United States
Code, is repealed, and the corresponding item in the chap-
ter analysis for chapter 229 of title 18 is deleted.
(c) CONFORMING AMENDMENT.—Section 401(b)(4)
of the Controlled Substances Act (21 U.S.C. 841(b)(4))
is amended by striking ‘‘and section 3607 of title 18’’.
TITLE II—STATE PRISON
CONSTRUCTION GRANTS
SEC. 201. GRANTS.
The Attorney General is authorized to provide grants
to States to build, expand, or operate space in correctional
facilities in order to increase the prison bed capacity in
such facilities.
SEC. 202. FEDERAL FUNDS.
(a) DISTRIBUTION
OF FUNDS
IN FISCAL YEAR
1995.—Of the total amount of funds appropriated under
this title in fiscal year 1995, there shall be allocated to
each State an amount which bears the same ratio to the
amount of funds appropriated pursuant to this title as the
number of part I violent crimes reported by the States
to the Federal Bureau of Investigation for 1993 bears to
the number of part I violent crimes reported by all States
to the Federal Bureau of Investigation for 1993.
(b) DISTRIBUTION OF FUNDS IN FISCAL YEARS 1996
THROUGH
1999.—Seventy-five percent of the total
amount of funds appropriated under this title in fiscal
years 1996, 1997, 1998, and 1999 shall be allocated to
each State according to the formula established in sub-
section (a) adjusted to reflect in each year the most recent
data from the Federal Bureau of Investigation reporting
Part I violent crimes.
(c) INCENTIVE FUND.—Twenty-five percent of the
total amount of funds appropriated under this title in each
of the fiscal years 1996, 1997, 1998, and 1999 shall be
allocated to States which make changes to State laws and
regulations which include—
(1) truth in sentencing laws which will require
persons convicted of violent crimes to serve not less
than 85 percent of the sentence imposed;
(2) mandatory prison sentences for persons con-
victed of the most serious violent crimes;
(3) pretrial detention for persons whose release
it can be shown would pose a danger to any other
person or the community;
(4) sentencing authority to allow the defend-
ant’s victims or the family of victims the opportunity
to be heard regarding the issue of sentencing and
provide that the victim or the victim’s family will be
notified whenever such defendant is to be released;
(5) that a person who is convicted of a serious
violent felony shall be—
(A) sentenced to life imprisonment or
death if the person has been convicted on one
or more prior occasions in a court of the United
States or of a State of a serious violent felony,
or one or more serious drug offenses;
(B) sentenced to life imprisonment or
death if each serious violent felony or serious
drug offense used as a basis for sentencing
under this subsection, other than the first, was
committed after the defendant’s conviction of
the preceding serious violent felony or serious
drug offense;
(C) subject to the death penalty if a death
of a person results from the commission of a se-
rious violent felony or serious drug offense.
(6) the authorization for the use of corporal
punishment for persons convicted of serious mis-
demeanors at the discretion of the sentencing au-
thority, and for State prisoners who have committed
serious infractions of prison policy or rules, as deter-
mined by the prison warden;
(7) a requirement that a member of a gang who
knowingly conspires with other gang members to
commit a violent crime or serious drug offense is
punishable to the same extent as a gang member
who commits and is found guilty of committing a
violent crime or drug offense;
(8) a requirement that the responsible prison
correctional officer in each State develops and imple-
ments a plan to provide 3 levels of prisoner housing,
amenities, and privileges as incentive awards related
to the degree of prison-related work in which each
inmate voluntarily participates and provides only
minimal cell accommodations and no amenities or
privileges for ablebodied inmates who decline to per-
form any prison work; and
(9) the requirement that a juvenile who was 13
years old or older on the date of the commission of
an violent felony is prosecuted as an adult.
For purposes of paragraph 6, the term ‘‘corporal punish-
ment’’ means physical punishment administered in a form
and fashion to be determined and ordered by a court which
causes pain, but not permanent physical injury.
SEC. 203. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—For purposes of this title, there
are authorized to be appropriated—
(1) $2,500,000,000 for fiscal year 1995;
(2) $2,000,000,000 for fiscal year 1996;
(3) $2,000,000,000 for fiscal year 1997;
(4) $2,000,000,000 for fiscal year 1998; and
(5) $2,000,000,000 for fiscal year 1999.
(b) LIMITATIONS ON FUNDS.—
(1) NONSUPPLANTING REQUIREMENT.—Funds
made available under this section shall not be used
to supplant State funds, but shall be used to in-
crease the amount of funds that would, in the ab-
sence of Federal funds, be made available from
State sources.
(2) ADMINISTRATIVE COSTS.—Not more than 3
percent of the funds available under this section may
be used for administrative costs.
(3) MATCHING
FUNDS.—The portion of the
costs of a program provided by a grant under this
section may not exceed 90 percent of the total costs
of the program as described in the application.
(4) CARRY
OVER
OF
APPROPRIATIONS.—Any
funds appropriated but not expended as provided by
this section during any fiscal year shall be carried
over and will be made available until expended.
SEC. 204. DEFINITIONS.
For purposes of this title—
(1) the term ‘‘violent felony’’ means—
(A) a felony offense that has as an element
the use, attempted use, or threatened use of
physical force against the person of another, or
(B) any other offense that is a felony and
that, by its nature, involves substantial risk
that physical force against the person of an-
other may be used in the course of committing
the offense.;
(2) the term ‘‘serious drug offender’’ has the
same 
meaning 
as 
that 
is 
used 
in 
section
924(e)(2)(A) of title 18, United States Code;
(3) the term ‘‘State’’ means any of the United
States and the District of Columbia;
(4) the term ‘‘convicted’’ means convicted and
sentenced to a term in a State corrections institution
or a period of formal probation; and
(5) the term ‘‘Part I violent crimes’’ means
murder, rape, robbery, and aggravated assault as
those offenses are reported to the Federal Bureau of
Investigation for purposes of the Uniform Crime
Reports.
TITLE 
III—ELIMINATION 
OF
DELAYS IN CARRYING OUT
SENTENCES
Subtitle A—Post Conviction Peti-
tions: General Habeas Corpus
Reform
SEC. 301. PERIOD OF LIMITATION FOR FILING WRIT OF HA-
BEAS CORPUS FOLLOWING FINAL JUDGMENT
OF A STATE COURT.
Section 2244 of title 28, United States Code, is
amended by adding at the end the following:
‘‘(d) A one-year period of limitation shall apply to an
application for a writ of habeas corpus by a person in cus-
tody pursuant to the judgment of a State court. The limi-
tation period shall run from the latest of the following
times:
‘‘(1) The time at which State remedies are ex-
hausted.
‘‘(2) The time at which the impediment to filing
an application created by State action in violation of
the Constitution or laws of the United States is re-
moved, where the applicant was prevented from fil-
ing by such State action.
‘‘(3) The time at which the Federal right as-
serted was initially recognized by the United States
Supreme Court, where the right has been newly rec-
ognized by the Court and is retroactively applicable.
‘‘(4) The time at which the factual predicate of
the claim or claims presented could have been dis-
covered through the exercise of reasonable dili-
gence.’’.
SEC. 302. AUTHORITY OF APPELLATE JUDGES TO ISSUE
CERTIFICATES OF PROBABLE CAUSE FOR AP-
PEAL IN HABEAS CORPUS AND FEDERAL COL-
LATERAL RELIEF PROCEEDINGS.
Section 2253 of title 28, United States Code, is
amended to read as follows:
‘‘§ 2253. Appeal
‘‘(a) In a habeas corpus proceeding or a proceeding
under section 2255 of this title before a circuit or district
judge, the final order shall be subject to review, on appeal,
by the court of appeals for the circuit where the proceed-
ing is had.
‘‘(b) There shall be no right of appeal from such an
order in a proceeding to test the validity of a warrant to
remove, to another district or place for commitment or
trial, a person charged with a criminal offense against the
United States, or to test the validity of his detention pend-
ing removal proceedings.
‘‘(c) An appeal may not be taken to the court of ap-
peals from the final order in a habeas corpus proceeding
where the detention complained of arises out of process
issued by a State court, or from the final order in a pro-
ceeding under section 2255 of this title, unless a circuit
justice or judge issues a certificate of probable cause.’’.
SEC. 303. CONFORMING AMENDMENT TO THE RULES OF
APPELLATE PROCEDURE.
Federal Rule of Appellate Procedure 22 is amended
to read as follows:
‘‘RULE 22
‘‘HABEAS CORPUS AND SECTION 2255 PROCEEDINGS
‘‘(a) APPLICATION FOR AN ORIGINAL WRIT OF HA-
BEAS CORPUS.—An application for a writ of habeas cor-
pus shall be made to the appropriate district court. If ap-
plication is made to a circuit judge, the application will
ordinarily be transferred to the appropriate district court.
If an application is made to or transferred to the district
court and denied, renewal of the application before a cir-
cuit judge is not favored; the proper remedy is by appeal
to the court of appeals from the order of the district court
denying the writ.
‘‘(b) NECESSITY
OF CERTIFICATE
OF PROBABLE
CAUSE FOR APPEAL.—In a habeas corpus proceeding in
which the detention complained of arises out of process
issued by a State court, and in a motion proceeding pursu-
ant to section 2255 of title 28, United States Code, an
appeal by the applicant or movant may not proceed unless
a circuit judge issues a certificate of probable cause. If
a request for a certificate of probable cause is addressed
to the court of appeals, it shall be deemed addressed to
the judges thereof and shall be considered by a circuit
judge or judges as the court deems appropriate. If no ex-
press request for a certificate is filed, the notice of appeal
shall be deemed to constitute a request addressed to the
judges of the court of appeals. If an appeal is taken by
a State or the Government or its representative, a certifi-
cate of probable cause is not required.’’.
SEC. 304. DISCRETION TO DENY HABEAS CORPUS APPLICA-
TION DESPITE FAILURE TO EXHAUST STATE
REMEDIES.
Section 2254(b) of title 28, United State Code, is
amended to read as follows:
‘‘(b) An application for a writ of habeas corpus in
behalf of a person in custody pursuant to the judgment
of a State court shall not be granted unless it appears
that the applicant has exhausted the remedies available
in the courts of the State, or that there is either an ab-
sence of available State corrective process or the existence
of circumstances rendering such process ineffective to pro-
tect the rights of the applicant. An application may be
denied on the merits notwithstanding the failure of the
applicant to exhaust the remedies available in the courts
of the State.’’.
SEC. 305. PERIOD OF LIMITATION FOR FEDERAL PRIS-
ONERS FILING FOR COLLATERAL REMEDY.
Section 2255 of title 28, United States Code, is
amended by striking the second paragraph and the penul-
timate paragraph thereof, and by adding at the end the
following new paragraphs:
‘‘A one-year period of limitation shall apply to a mo-
tion under this section. The limitation period shall run
from the latest of the following times:
‘‘(1) The time at which the judgment of convic-
tion becomes final.
‘‘(2) The time at which the impediment to mak-
ing a motion created by governmental action in vio-
lation of the Constitution or laws of the United
States is removed, where the movant was prevented
from making a motion by such governmental action.
‘‘(3) The time at which the right asserted was
initially recognized by the United States Supreme
Court, where the right has been newly recognized by
the Court and is retroactively applicable.
‘‘(4) The time at which the factual predicate of
the claim or claims presented could have been dis-
covered through the exercise of reasonable dili-
gence.’’.
Subtitle B—Special Procedures for
Collateral Proceedings in Cap-
ital Cases
SEC. 311. DEATH PENALTY LITIGATION PROCEDURES.
(a) IN GENERAL.—Title 28, United States Code, is
amended by inserting the following new chapter imme-
diately following chapter 153:
‘‘CHAPTER 154—SPECIAL HABEAS CORPUS
PROCEDURES IN CAPITAL CASES
‘‘Sec.
‘‘2256. Prisoners in State custody subject to capital sentence; appointment of
counsel; requirement of rule of court or statute; procedures for
appointment.
‘‘2257. Mandatory stay of execution; duration; limits on stays of execution; suc-
cessive petitions.
‘‘2258. Filing of habeas corpus petition; time requirements; tolling rules.
‘‘2259. Evidentiary hearings; scope of Federal review; district court adjudica-
tion.
‘‘2260. Certificate of probable cause inapplicable.
‘‘2261. Application to State unitary review procedures.
‘‘2262. Limitation periods for determining petitions.
‘‘2263. Rule of construction.
‘‘§ 2256. Prisoners in State custody subject to capital
sentence; appointment of counsel; re-
quirement of rule of court or statute; pro-
cedures for appointment
‘‘(a) This chapter shall apply to cases arising under
section 2254 brought by prisoners in State custody who
are subject to a capital sentence. It shall apply only if the
provisions of subsections (b) and (c) are satisfied.
‘‘(b) This chapter is applicable if a State establishes
by rule of its court of last resort or by statute a mecha-
nism for the appointment, compensation and payment of
reasonable litigation expenses of competent counsel in
State postconviction proceedings brought by indigent pris-
oners whose capital convictions and sentences have been
upheld on direct appeal to the court of last resort in the
State or have otherwise become final for State law pur-
poses. The rule of court or statute must provide standards
of competency for the appointment of such counsel.
‘‘(c) Any mechanism for the appointment, compensa-
tion and reimbursement of counsel as provided in sub-
section (b) must offer counsel to all State prisoners under
capital sentence and must provide for the entry of an
order by a court of record: (1) appointing one or more
counsel to represent the prisoner upon a finding that the
prisoner is indigent and accepted the offer or is unable
competently to decide whether to accept or reject the offer;
(2) finding, after a hearing if necessary, that the prisoner
rejected the offer of counsel and made the decision with
an understanding of its legal consequences; or (3) denying
the appointment of counsel upon a finding that the pris-
oner is not indigent.
‘‘(d) No counsel appointed pursuant to subsections
(b) and (c) to represent a State prisoner under capital
sentence shall have previously represented the prisoner at
trial or on direct appeal in the case for which the appoint-
ment is made unless the prisoner and counsel expressly
request continued representation in writing.
‘‘(e) The ineffectiveness or incompetence of counsel
during State or Federal collateral postconviction proceed-
ings in a capital case shall not be a ground for relief in
a proceeding arising under section 2254 of this chapter.
This limitation shall not preclude the appointment of dif-
ferent counsel, on the court’s own motion or at the request
of the prisoner or counsel, at any phase of State or Fed-
eral postconviction proceedings on the basis of the ineffec-
tiveness or incompetence of counsel in such proceedings.
‘‘§ 2257. Mandatory stay of execution; duration; limits
on stays of execution; successive peti-
tions
‘‘(a) Upon the entry in the appropriate State court
of record of an order under section 2256(c), a warrant
or order setting an execution date for a State prisoner
shall be stayed upon application to any court that would
have jurisdiction over any proceedings filed under section
2254. The application must recite that the State has in-
voked the postconviction review procedures of this chapter
and that the scheduled execution is subject to stay.
‘‘(b) A stay of execution granted pursuant to sub-
section (a) shall expire if—
‘‘(1) a State prisoner fails to file a habeas cor-
pus petition under section 2254 within the time re-
quired in section 2258, or fails to make a timely ap-
plication for court of appeals review following the de-
nial of such a petition by a district court;
‘‘(2) upon completion of district court and court
of appeals review under section 2254 the petition for
relief is denied and (A) the time for filing a petition
for writ of certiorari has expired and no petition has
been filed; (B) a timely petition for writ of certiorari
was filed and the United States Supreme Court de-
nied the petition; or (C) a timely petition for writ of
certiorari was filed and upon consideration of the
case, the United States Supreme Court disposed of
it in a manner that left the capital sentence undis-
turbed; or
‘‘(3) before a court of competent jurisdiction, in
the presence of counsel and after having been ad-
vised of the consequences of his decision, a State
prisoner under capital sentence waives in writing the
right to pursue habeas corpus review under section
2254.
‘‘(c) If one of the conditions in subsection (b) has
occurred, no Federal court thereafter shall have the au-
thority to enter a stay of execution or grant relief in a
capital case unless—
‘‘(1) the basis for the stay and request for relief
is a claim not previously presented in the State or
Federal courts;
‘‘(2) the failure to raise the claim is (A) the re-
sult of State action in violation of the Constitution
or laws of the United States; (B) the result of the
Supreme Court recognition of a new Federal right
that is retroactively applicable; or (C) based on a
factual predicate that could not have been discovered
through the exercise of reasonable diligence in time
to present the claim for State or Federal
postconviction review; and
‘‘(3) the facts underlying the claim would be
sufficient, if proven, to undermine the court’s con-
fidence in the determination of guilt on the offense
or offenses for which the death penalty was imposed.
‘‘§ 2258. Filing of habeas corpus petition; time re-
quirements; tolling rules
‘‘Any petition for habeas corpus relief under section
2254 must be filed in the appropriate district court within
one hundred and eighty days from the filing in the appro-
priate State court of record of an order under section
2256(c). The time requirements established by this section
shall be tolled—
‘‘(1) from the date that a petition for writ of
certiorari is filed in the United States Supreme
Court until the date of final disposition of the peti-
tion if a State prisoner files the petition to secure
review by the United States Supreme Court of the
affirmance of a capital sentence on direct review by
the court of last resort of the State or other final
State court decision on direct review;
‘‘(2) during any period in which a State pris-
oner under capital sentence has a properly filed re-
quest for postconviction review pending before a
State court of competent jurisdiction; if all State fil-
ing rules are met in a timely manner, this period
shall run continuously from the date that the State
prisoner initially files for postconviction review until
final disposition of the case by the highest court of
the State, but the time requirements established by
this section are not tolled during the pendency of a
petition for writ of certiorari before the United
States Supreme Court except as provided in para-
graph (1); and
‘‘(3) during an additional period not to exceed
sixty days, if (A) a motion for an extension of time
is filed in the Federal district court that would have
proper jurisdiction over the case upon the filing of
a habeas corpus petition under section 2254; and
(B) a showing of good cause is made for the failure
to file the habeas corpus petition within the time pe-
riod established by this section.
‘‘§ 2259. Evidentiary hearings; scope of Federal re-
view; district court adjudication
‘‘(a) Whenever a State prisoner under a capital sen-
tence files a petition for habeas corpus relief to which this
chapter applies, the district court shall—
‘‘(1) determine the sufficiency of the record for
habeas corpus review based on the claims actually
presented and litigated in the State courts except
when the prisoner can show that the failure to raise
or develop a claim in the State courts is (A) the re-
sult of State action in violation of the Constitution
or laws of the United States; (B) the result of the
Supreme Court recognition of a new Federal right
that is retroactively applicable; or (C) based on a
factual predicate that could not have been discovered
through the exercise of reasonable diligence in time
to present the claim for State postconviction review;
and
‘‘(2) conduct any requested evidentiary hearing
necessary to complete the record for habeas corpus
review.
‘‘(b) Upon the development of a complete evidentiary
record, the district court shall rule on the claims that are
properly before it.
‘‘§ 2260. Certificate of probable cause inapplicable
‘‘The requirement of a certificate of probable cause
in order to appeal from the district court to the court of
appeals does not apply to habeas corpus cases subject to
the provisions of this chapter except when a second or suc-
cessive petition is filed.
‘‘§ 2261. Application to State unitary review proce-
dure
‘‘(a) For purposes of this section, a ‘unitary review’
procedure means a State procedure that authorizes a per-
son under sentence of death to raise, in the course of di-
rect review of the judgment, such claims as could be raised
on collateral attack. The provisions of this chapter shall
apply, as provided in this section, in relation to a State
unitary review procedure if the State establishes by rule
of its court of last resort or by statute a mechanism for
the appointment, compensation and payment of reasonable
litigation expenses of competent counsel in the unitary re-
view proceedings, including expenses relating to the litiga-
tion of collateral claims in the proceedings. The rule of
court or statute must provide standards of competency for
the appointment of such counsel.
‘‘(b) A unitary review procedure, to qualify under this
section, must include an offer of counsel following trial
for the purpose of representation on unitary review, and
entry of an order, as provided in section 2256(c), concern-
ing appointment of counsel or waiver or denial of appoint-
ment of counsel for that purpose. No counsel appointed
to represent the prisoner in the unitary review proceedings
shall have previously represented the prisoner at trial in
the case for which the appointment is made unless the
prisoner and counsel expressly request continued represen-
tation in writing.
‘‘(c) Sections 2257, 2258, 2259, 2260, and 2262
shall apply in relation to cases involving a sentence of
death from any State having a unitary review procedure
that qualifies under this section. References to State ‘post-
conviction review’ and ‘direct review’ in those sections
shall be understood as referring to unitary review under
the State procedure. The references in sections 2257(a)
and 2258 to ‘an order under section 2256(c)’ shall be un-
derstood as referring to the post-trial order under sub-
section (b) concerning representation in the unitary review
proceedings, but if a transcript of the trial proceedings
is unavailable at the time of the filing of such an order
in the appropriate State court, then the start of the one
hundred and eighty day limitation period under section
2258 shall be deferred until a transcript is made available
to the prisoner or his counsel.
‘‘§ 2262. Limitation periods for determining petitions
‘‘(a) The adjudication of any petition under section
2254 of title 28, United States Code, that is subject to
this chapter, and the adjudication of any motion under
section 2255 of title 28, United States Code, by a person
under sentence of death, shall be given priority by the dis-
trict court and by the court of appeals over all noncapital
matters. The adjudication of such a petition or motion
shall be subject to the following time limitations:
‘‘(1) A Federal district court shall determine
such a petition or motion within 180 days of filing.
‘‘(2)(A) The court of appeals shall hear and de-
termine any appeal relating to such a petition or
motion within 180 days after the notice of appeal is
filed.
‘‘(B) The court of appeals shall decide any ap-
plication for rehearing en banc within 30 days of the
filing of such application unless a responsive plead-
ing is required in which case the court of appeals
shall decide the application within 30 days of the fil-
ing of the responsive pleading. If en banc consider-
ation is granted, the en banc court shall determine
the appeal within 180 days of the decision to grant
such consideration.
‘‘(b) The time limitations under subsection (a) shall
apply to an initial petition or motion, and to any second
or successive petition or motion. The same limitations
shall also apply to the re-determination of a petition or
motion or related appeal following a remand by the court
of appeals or the Supreme Court for further proceedings,
and in such a case the limitation period shall run from
the date of the remand.
‘‘(c) The time limitations under this section shall not
be construed to entitle a petitioner or movant to a stay
of execution, to which the petitioner or movant would oth-
erwise not be entitled, for the purpose of litigating any
petition, motion, or appeal.
‘‘(d) The failure of a court to meet or comply with
the time limitations under this section shall not be a
ground for granting relief from a judgment of conviction
or sentence. The State or Government may enforce the
time limitations under this section by applying to the court
of appeals or the Supreme Court for a writ of mandamus.
‘‘(e) The Administrative Office of United States
Courts shall report annually to Congress on the compli-
ance by the courts with the time limits established in this
section.
‘‘§ 2263. Rule of construction
‘‘This chapter shall be construed to promote the expe-
ditious conduct and conclusion of State and Federal court
review in capital cases.’’.
(b) CLERICAL AMENDMENT.—The table of chapters
at the beginning of part VI of title 28, United States Code,
is amended by inserting after the item relating to chapter
153 the following new item:
‘‘154. Special habeas corpus procedures in capital cases 2256’’.
Subtitle C—Funding for Litigation
of Federal Habeas Corpus Peti-
tions in Capital Cases
SEC. 321. FUNDING FOR DEATH PENALTY PROSECUTIONS.
Part E of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is
amended by adding at the end the following new section:
‘‘SEC. 515. Notwithstanding any other provision of
this subpart, the Director shall provide grants to the
States, from the funding allocated pursuant to section
511, for the purpose of supporting litigation pertaining to
Federal habeas corpus petitions in capital cases. The total
funding available for such grants within any fiscal year
shall be equal to the funding provided to capital resource
centers, pursuant to Federal appropriation, in the same
fiscal year.’’.
TITLE IV—TWO STRIKES, YOU’RE
OUT
SEC. 401. LIFE IMPRISONMENT OR DEATH PENALTY FOR
SECOND VIOLENT FELONY CONVICTION.
Section 3581 of title 18, United States Code, is
amended by adding at the end the following:
‘‘(c) PUNISHMENT OF CERTAIN VIOLENT FELONS.—
‘‘(1) GENERAL
RULE.—Notwithstanding any
other provision of this title or any other law, in the
case of a conviction for a Federal violent felony, the
court shall sentence the defendant to prison for life
if the defendant has previously been convicted of one
or more other violent felonies and if a death results
from the violent felony, the defendant shall be sub-
ject to the death penalty.
‘‘(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 five years; 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.’’.
TITLE V—TAKING PRISONERS
OFF THE STREETS
Subtitle A—Expanding Prison
Capacity
SEC. 501. NON-APPLICABILITY OF DAVIS-BACON TO PRISON
CONSTRUCTION.
(a) FEDERAL PRISON CONSTRUCTION.—Section 1 of
the Davis-Bacon Act of March 3, 1991 (46 Stat. 1494,
as amended, 40 U.S.C. 276a) is amended by adding at
the end the following new subsection:
‘‘(c) The requirements of this section shall not apply
to contracts for construction, alteration, and/or repair of
institutions used to incarcerate persons held under author-
ity of any enactment of Congress.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall become effective on the date of enact-
ment of this Act.
Subtitle B—Restriction on Court
Jurisdiction
SEC. 502. RESTRICTED FEDERAL COURT JURISDICTION IN
IMPOSING REMEDIES ON STATE AND FED-
ERAL PRISON SYSTEMS.
(a) IN GENERAL.—Title 28, United States Code is
amended by inserting after chapter 176 the following new
chapter:
‘‘CHAPTER 177—ACTIONS CHALLENGING
CONDITIONS OF CONFINEMENT
‘‘Sec.
‘‘3401. Limitations on remedies.
‘‘3402. Consent decrees.
‘‘3403. Modification of orders or decrees.
‘‘§ 3401. Limitations on remedies
‘‘(a)(1) If the district court, in any action challenging
the constitutionality of conditions of confinement in any
prison, jail, detention facility, or other correctional institu-
tion housing persons accused or convicted of a crime or
juveniles adjudicated delinquent, finds that one or more
conditions of confinement are in violation of the United
States Constitution, the court shall narrowly tailor any re-
lief to fit the nature and extent of the violations and shall
make the order no more intrusive than absolutely nec-
essary to ensure that the violations are remedied. The
court shall have no jurisdiction—
‘‘(A) to impose a ceiling on the population of
any institution or to require any adjustment of the
release dates of inmates; or
‘‘(B) to prohibit the use of tents or prefab-
ricated structures for housing inmates.
‘‘§ 3402. Consent decrees
‘‘(a) No consent decree in any action challenging the
constitutionality of conditions of confinement in any pris-
on, jail, detention facility, or other correctional institution
housing persons accused or convicted of a crime or juve-
niles adjudicated delinquent shall provide relief greater
than the minimum required to bring the conditions of con-
finement into substantial compliance with the United
States Constitution.
‘‘(b) In entering a consent decree, the court shall
make a written finding that the relief provided in the de-
cree is no greater than the minimum required to bring
the conditions of confinement into substantial compliance
with the United States Constitution. If it appears to the
court that the relief provided in the decree is greater than
the minimum required, the court may recommend changes
in the decree.
‘‘§ 3403. Modification of orders or decrees
‘‘(a)(1) Upon motion of a defendant at any time, the
court may conduct a hearing on whether an order or de-
cree described in section 3401 or 3402 of this title should
be modified in light of—
‘‘(A) changed factual circumstances affecting
the operation of the order or decree, whether or not
foreseeable;
‘‘(B) a change or clarification of the governing
law, whether or not foreseeable;
‘‘(C) a succession in office of an official respon-
sible for having consented to a decree;
‘‘(D) the government’s financial constraints or
any other matter affecting public safety or the pub-
lic interest; or
‘‘(E) any ground provided in Rule 60(b) of the
Federal Rules of Civil Procedure.
‘‘(2) The court shall conduct such a hearing if the
motion was filed more than one year after the date of the
order or decree or the date on which the last previous
modification hearing was conducted, whichever is later.
‘‘(b) If the court denies a motion to modify an order
or consent decree under subsection (a) of this section, the
court shall make a written finding that the relief provided
in the order or decree, as of the date of decision, is no
greater than the minimum required to bring the conditions
of confinement into substantial compliance with the
United States Constitution.’’.
(b) CLERICAL AMENDMENT.—The table of chapters
at the beginning of part VI of title 28, United States Code,
is amended by inserting after the item relating to chapter
176 the following:
‘‘177. Actions Challenging Conditions of Confinement ....... 3401’’.
Subtitle C—Limitation of
Prisoners’ Rights
SEC. 511. EXHAUSTION REQUIREMENT.
Section 8(a) of the Civil Rights of Institutionalized
Persons Act (42 U.S.C. 1997e) is amended—
(1) in paragraph (1)—
(A) by striking ‘‘in any action brought’’
and inserting ‘‘no action shall be brought’’;
(B) by striking ‘‘the court shall’’ and all
that follows through ‘‘require exhaustion of’’
and insert ‘‘until’’; and
(C) by inserting ‘‘are exhausted’’ after
‘‘available’’; and
(2) in paragraph (2), by inserting ‘‘or are oth-
erwise fair and effective’’ before the period at the
end.
SEC. 512. FRIVOLOUS ACTIONS.
Section 8(a) of the Civil Rights of Institutionalized
Persons Act (42 U.S.C. 1997e(a)) is amended by adding
at the end the following:
‘‘(3) The court shall on its own motion or on
motion of a party dismiss any action brought pursu-
ant to section 1979 of the Revised Statutes of the
United States by an adult convicted of a crime and
confined in any jail, prison, or other correctional fa-
cility if the court is satisfied that the action fails to
state a claim upon which relief can be granted or is
frivolous or malicious.
SEC. 513. MODIFICATION OF REQUIRED MINIMUM STAND-
ARDS.
Section 8(b)(2) of the Civil Rights of Institutionalized
Persons Act (42 U.S.C. 1997e(b)(2)) is amended by strik-
ing subparagraph (A) and redesignating subparagraphs
(B) through (E) as subparagraphs (A) through (D), re-
spectively.
SEC. 
514. 
REVIEW 
AND 
CERTIFICATION 
PROCEDURE
CHANGES.
Section 8(c) of the Civil Rights of Institutionalized
Persons Act (42 U.S.C. 1997e(c)) is amended—
(1) in paragraph (1), by inserting ‘‘or are oth-
erwise fair and effective’’ before the period at the
end; and
(2) in paragraph (2), by inserting ‘‘or is no
longer fair and effective’’ before the period at the
end.
SEC. 515. PROCEEDINGS IN FORMA PAUPERIS.
(a) DISMISSAL.—Section 1915(d) of title 28, United
States Code, is amended—
(1) by inserting ‘‘at any time’’ after ‘‘counsel
and may’’; and
(2) by striking ‘‘and may’’ and inserting ‘‘and
shall’’;
(3) by inserting ‘‘fails to state a claim upon
which relief may be granted or’’ after ‘‘that the ac-
tion’’; and
(4) by inserting ‘‘even if partial failing fees
have been imposed by the court’’ before the period.
(b) PRISONER’S STATEMENT OF ASSETS.—Section
1915 of title 28, United States Code, is amended by add-
ing at the end the following:
‘‘(f) If a prisoner in a correctional institution files
an affidavit in accordance with subsection (a) of this sec-
tion, such prisoner shall include in that affidavit a state-
ment of all assets such prisoner possesses. The court shall
make inquiry of the correctional institution in which the
prisoner is incarcerated for information available to that
institution relating to the extent of the prisoner’s assets.
The court shall require full or partial payment of filing
fees according to the prisoner’s ability to pay.’’.
Subtitle D—Prison Governance
SEC. 521. CORPORAL PUNISHMENT.
(a) IN GENERAL.—Chapter 301 of title 18, United
States Code, is amended by adding at the end the follow-
ing:
‘‘§ 4014. Corporal punishment
‘‘(a) In accordance with rules prescribed by the Attor-
ney General, corporal punishment is authorized for the
discipline of Federal prisoners convicted of crime who
commit serious infractions of prison policy or rules regard-
ing inmate behavior.
‘‘(b) As used in this section, the term ‘corporal pun-
ishment’ means punishment that causes physical pain, but
not permanent physical injury.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 301 of title 18, United States
Code, is amended by adding at the end the following new
item:
‘‘4014. Corporal punishment.’’.
SEC. 522. INCENTIVE FOR WORK.
(a) IN GENERAL.—Chapter 303 of title 18, United
States Code, is amended by adding at the end the follow-
ing:
‘‘§ 4047. Work incentive
‘‘The Director of the Bureau of Prisons shall develop
and implement a Federal prison housing plan that pro-
vides 3 levels of prisoner housing quality, amenities, and
privileges, as incentive awards directly related to the de-
gree of prison-related work in which each inmate volun-
tarily participates. Minimal cell accomodations and no
amenities or privileges shall be provided to inmates who
decline to perform any work where work is available.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 303 of title 18, United States
Code, is amended by adding at the end the following new
item:
‘‘4047. Work incentive.’’.
TITLE VI—VICTIMS RIGHTS
Subtitle A—Generally
SEC. 601. NOTIFICATION ON RELEASE OF PRISONERS.
Section 3624 of title 18, United States Code, is
amended by adding at the end the following:
‘‘(g) NOTICE TO INTERESTED PARTIES.—Not later
than 30 days before the release of a prisoner under this
section, the Bureau of Prisons shall provide notice of the
fact to—
‘‘(1) the judge, any members of the jury, the
attorneys, the victims, and the victims family mem-
bers, in the case in which the prisoner was con-
victed;
‘‘(2) the local authorities in the place of convic-
tion.’’.
SEC. 602. AMENDMENT OF RESTITUTION PROVISIONS.
(a) ORDER OF RESTITUTION.—Section 3663 of title
18, United States Code, is amended—
(1) in subsection (a) by—
(A) striking ‘‘may order’’ and inserting
‘‘shall order’’; and
(B) adding at the end the following:
‘‘(5) In addition to ordering restitution of the victim
of the offense of which a defendant is convicted, a court
may order restitution of any person who, as shown by a
preponderance of evidence, was harmed physically, emo-
tionally, or pecuniarily, by unlawful conduct of the defend-
ant during—
‘‘(A) the criminal episode during which the of-
fense occurred; or
‘‘(B) the course of a scheme, conspiracy, or pat-
tern of unlawful activity related to the offense.’’;
(2) in subsection (b)(1)(B) by striking ‘‘imprac-
tical’’ and inserting ‘‘impracticable’’;
(3) in subsection (b)(2) by inserting ‘‘emotional
or’’ after ‘‘resulting in’’;
(4) in subsection (c) by striking ‘‘If the Court
decides to order restitution under this section, the’’
and inserting ‘‘The’’;
(5) by striking subsections (d), (e), (f), (g), and
(h); and
(6) by adding at the end the following:
‘‘(d)(1) The court shall order restitution to a victim
in the full amount of the victim’s losses as determined by
the court and without consideration of—
‘‘(A) the economic circumstances of the of-
fender; or
‘‘(B) the fact that a victim has received or is
entitled to receive compensation with respect to a
loss from insurance or any other source.
‘‘(2) Upon determination of the amount of restitution
owed to each victim, the court shall specify in the restitu-
tion order the manner in which and the schedule according
to which the restitution is to be paid, in consideration of—
‘‘(A) the financial resources and other assets of
the offender, including any wages that will be earned
as a prisoner in the performance of work while in-
carcerated;
‘‘(B) projected earnings and other income of
the offender; and
‘‘(C) any financial obligations of the offender,
including obligations to dependents.
‘‘(3) A restoration order may direct the offender to
make a single, lump-sum payment, partial payment at
specified intervals, or such in-kind payments as may be
agreeable to the victim and the offender.
‘‘(4) An in-kind payment described in paragraph (3)
may be in the form of—
‘‘(A) return of property;
‘‘(B) replacement of property; or
‘‘(C) services rendered to the victim or to a per-
son or organization other than the victim.
‘‘(e) When the court finds that more than 1 offender
has contributed to the loss of a victim, the court may make
each offender liable for payment of the full amount of res-
titution or may apportion liability among the offenders to
reflect the level of contribution and economic cir-
cumstances of each offender.
‘‘(f) When the court finds that more than 1 victim
has sustained a loss requiring restitution by an offender,
the court shall order full restitution of each victim but may
provide for different payment schedules to reflect the eco-
nomic circumstances of each victim.
‘‘(g)(1) If the victim has received or is entitled to re-
ceive compensation with respect to a loss from insurance
100
or any other source, the court shall order that restitution
be paid to the person who provided or is obligated to pro-
vide the compensation, but the restitution order shall pro-
vide that all restitution of victims required by the order
be paid to the victims before any restitution is paid to
such a provider of compensation.
‘‘(2) The issuance of a restitution order shall not af-
fect the entitlement of a victim to receive compensation
with respect to a loss from insurance or any other source
until the payments actually received by the victim under
the restitution order fully compensate the victim for the
loss, at which time a person that has provided compensa-
tion to the victim shall be entitled to receive any payments
remaining to be paid under the restitution order.
‘‘(3) Any amount paid to a victim under an order of
restitution shall be set off against any amount later recov-
ered as compensatory damages by the victim in—
‘‘(A) any Federal civil proceeding; and
‘‘(B) any State civil proceeding, to the extent
provided by the law of the State.
‘‘(h) A restitution order shall provide that—
‘‘(1) all fines, penalties, costs, restitution pay-
ments and other forms of transfers of money or
property made pursuant to the sentence of the court
shall be made by the offender to the clerk of the
101
court for accounting and payment by the clerk in ac-
cordance with this subsection;
‘‘(2) the clerk of the court shall—
‘‘(A) log all transfers in a manner that
tracks the offender’s obligations and the cur-
rent status in meeting those obligations, unless,
after efforts have been made to enforce the res-
titution order and it appears that compliance
cannot be obtained, the court determines that
continued recordkeeping under this subpara-
graph would not be useful;
‘‘(B) notify the court and the interested
parties when an offender is 90 days in arrears
in meeting those obligations; and
‘‘(C) disburse money received from an of-
fender so that each of the following obligations
is paid in full in the following sequence:
‘‘(i) a penalty assessment under sec-
tion 3013 of title 18, United States Code;
‘‘(ii) restitution of all victims; and
‘‘(iii) all other fines, penalties, costs,
and other payments required under the
sentence; and
102
‘‘(3) the offender shall advise the clerk of the
court of any change in the offender’s address during
the term of the restitution order.
‘‘(i) A restitution order shall constitute a lien against
all property of the offender and may be recorded in any
Federal or State office for the recording of liens against
real or personal property.
‘‘(j) Compliance with the schedule of payment and
other terms of a restitution order shall be a condition of
any probation, parole, or other form of release of an of-
fender. If a defendant fails to comply with a restitution
order, the court may revoke probation or a term of super-
vised release, modify the term or conditions of probation
or a term of supervised release, hold the defendant in con-
tempt of court, enter a restraining order or injunction,
order the sale of property of the defendant, accept a per-
formance bond, or take any other action necessary to ob-
tain compliance with the restitution order. In determining
what action to take, the court shall consider the defend-
ant’s employment status, earning ability, financial re-
sources, the willfulness in failing to comply with the res-
titution order, and any other circumstances that may have
a bearing on the defendant’s ability to comply with the
restitution order.
‘‘(k) An order of restitution may be enforced—
103
‘‘(1) by the United States—
‘‘(A) in the manner provided for the collec-
tion and payment of fines in subchapter (B) of
chapter 229 of this title; or
‘‘(B) in the same manner as a judgment in
a civil action; and
‘‘(2) by a victim named in the order to receive
the restitution, in the same manner as a judgment
in a civil action.
‘‘(l) A victim or the offender may petition the court
at any time to modify a restitution order as appropriate
in view of a change in the economic circumstances of the
offender.’’.
(b) PROCEDURE FOR ISSUING ORDER OF RESTITU-
TION.—Section 3664 of title 18, United States Code, is
amended—
(1) by striking subsection (a);
(2) by redesignating subsections (b), (c), (d),
and (e) as subsections (a), (b), (c), and (d);
(3) by amending subsection (a), as so redesig-
nated by paragraph (2), to read as follows:
‘‘(a) The court may order the probation service of the
court to obtain information pertaining to the amount of
loss sustained by any victim as a result of the offense,
the financial resources of the defendant, the financial
104
needs and earning ability of the defendant and the defend-
ant’s dependents, and such other factors as the court
deems appropriate. The probation service of the court
shall include the information collected in the report of
presentence investigation or in a separate report, as the
court directs.’’; and
(4) by adding at the end thereof the following
new subsection:
‘‘(e) The court may refer any issue arising in connec-
tion with a proposed order of restitution to a magistrate
or special master for proposed findings of fact and rec-
ommendations as to disposition, subject to a de novo de-
termination of the issue by the court.’’.
SEC. 603. RIGHT OF THE VICTIM TO AN IMPARTIAL JURY.
Rule 24(b) of the Federal Rules of Criminal Proce-
dure is amended by striking ‘‘the Government is entitled
to 6 peremptory challenges and the defendant or defend-
ants jointly to 10 peremptory challenges’’ and inserting
‘‘each side is entitled to 6 peremptory challenges’’.
SEC. 604. VICTIM’S RIGHT OF ALLOCUTION IN SENTENCING.
Rule 32 of the Federal Rules of Criminal Procedure
is amended—
(1) by striking ‘‘and’’ at the end of subdivision
(a)(1)(B);
105
(2) by striking the period at the end of subdivi-
sion (a)(1)(C) and inserting ‘‘; and’’;
(3) by inserting after subdivision (a)(1)(C) the
following: ‘‘(D) if sentence is to be imposed for a
crime of violence or sexual abuse, address the victim
personally if the victim is present at the sentencing
hearing and determine if the victim wishes to make
a statement and to present any information in rela-
tion to the sentence.’’;
(4) in the penultimate sentence of subdivision
(a)(1) by striking ‘‘equivalent opportunity’’ and in-
serting ‘‘opportunity equivalent to that of the de-
fendant’s counsel’’;
(5) in the last sentence of subdivision (a)(1) by
inserting ‘‘the victim,’’ before ‘‘, or the attorney for
the Government.’’; and
(6) by adding at the end the following new
subdivision:
‘‘(f) DEFINITIONS.—For purposes of this rule—
‘‘(1) ‘crime of violence or sexual abuse’ means
a crime that involved the use or attempted or threat-
ened use of physical force against the person or
property of another, or a crime under chapter 109A
of title 18, United States Code; and
106
‘‘(2) ‘victim’ means an individual against whom
an offense for which a sentence is to be imposed has
been committed, but the right of allocution under
subdivision (a)(1)(D) may be exercised instead by—
‘‘(A) a parent or legal guardian if the vic-
tim is below the age of 18 years or incompetent;
or
‘‘(B) one or more family members or rel-
atives designated by the court if the victim is
deceased or incapacitated,
if such person or persons are present at the sentenc-
ing hearing, regardless of whether the victim is
present.’’.
SEC. 605. PROHIBITION OF RETALIATORY KILLINGS OF
WITNESSES, VICTIMS AND INFORMANTS.
Section 1513 of title 18, United States Code, is
amended—
(1) by redesignating subsections (a) and (b) as
subsections (b) and (c), respectively; and
(2) by inserting a new subsection (a) as follows:
‘‘(a)(1) Whoever kills or attempts to kill another per-
son with intent to retaliate against any person for—
‘‘(A) the attendance of a witness or party at an
official proceeding, or any testimony given or any
107
record, document, or other object produced by a wit-
ness in an official proceeding; or
‘‘(B) any information relating to the commis-
sion or possible commission of a Federal offense or
a violation of conditions of probation, parole or re-
lease pending judicial proceedings given by a person
to a law enforcement officer;
shall be punished as provided in paragraph (2).
‘‘(2) The punishment for an offense under this sub-
section is—
‘‘(A) in the case of a killing, the punishment
provided in sections 1111 and 1112 of this title; and
‘‘(B) in the case of an attempt, imprisonment
for not more than twenty years.’’.
Subtitle B—Admissibility of
Evidence
SEC. 
611. 
ADMISSIBILITY 
OF 
EVIDENCE 
OF 
SIMILAR
CRIMES IN SEX OFFENSE CASES.
The Federal Rules of Evidence are amended by add-
ing after Rule 412 the following new rules:
‘‘Rule 413. Evidence of Similar Crimes in Sexual Assault Cases
‘‘(a) EVIDENCE ADMISSIBLE.—In a criminal case in
which the defendant is accused of an offense of sexual as-
sault, evidence of the defendant’s conviction of another of-
fense or offenses of sexual assault is admissible, and may
108
be considered for its bearing on any matter to which it
is relevant.
‘‘(b) DISCLOSURE TO DEFENDANT.—In a case in
which the government intends to offer evidence under this
Rule, the attorney for the government shall disclose the
evidence to the defendant, including statements of wit-
nesses or a summary of the substance of any testimony
that is expected to be offered, at least 15 days before the
scheduled date of trial or at such later time as the court
may allow for good cause.
‘‘(c) EFFECT ON OTHER RULES.—This Rule shall
not be construed to limit the admission or consideration
of evidence under any other Rule.
‘‘(d) DEFINITION.—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;
109
‘‘(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 any of paragraphs (1) through (4).
‘‘Rule 414. Evidence of Similar Crimes in Child Molestation
Cases
‘‘(a) EVIDENCE ADMISSIBLE.—In a criminal case in
which the defendant is accused of an offense of child mo-
lestation, evidence of the defendant’s conviction 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) DISCLOSURE TO DEFENDANT.—In a case in
which the government intends to offer evidence under this
Rule, the attorney for the government shall disclose the
evidence to the defendant, including statements of wit-
nesses or a summary of the substance of any testimony
that is expected to be offered, at least 15 days before the
scheduled date of trial or at such later time as the court
may allow for good cause.
‘‘(c) EFFECT ON OTHER RULES.—This Rule shall
not be construed to limit the admission or consideration
of evidence under any other Rule.
110
‘‘(d) DEFINITION.—For purposes of this Rule and
Rule 415, ‘child’ means a person below the age of 18
years, and ‘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;
‘‘(2) any conduct proscribed by chapter 110 of
title 18, United States Code;
‘‘(3) contact between any part of the defend-
ant’s body or an object and the genitals or anus of
a child;
‘‘(4) contact between the genitals or anus of the
defendant and any part of the body of a child;
‘‘(5) deriving sexual pleasure or gratification
from the infliction of death, bodily injury, or phys-
ical pain on a child; or
‘‘(6) an attempt or conspiracy to engage in con-
duct described in any of paragraphs (1) through (5).
‘‘Rule 415. Evidence of Similar Acts in Civil Cases Concerning
Sexual Assault or Child Molestation
‘‘(a) EVIDENCE ADMISSIBLE.—In a civil case in
which a claim for damages or other relief is predicated
111
on a party’s alleged commission of conduct constituting
an offense of sexual assault or child molestation, evidence
of that party’s commission of another offense or offenses
of sexual assault or child molestation is admissible and
may be considered as provided in Rule 413 and Rule 414
of these Rules.
‘‘(b) DISCLOSURE TO OTHER PARTIES.—A party who
intends to offer evidence under this Rule shall disclose the
evidence to the party against whom it will be offered, in-
cluding statements of witnesses or a summary of the sub-
stance of any testimony that is expected to be offered, at
least 15 days before the scheduled date of trial or at such
later time as the court may allow for good cause.
‘‘(c) EFFECT ON OTHER RULES.—This Rule shall
not be construed to limit the admission or consideration
of evidence under any other Rule.’’.
SEC. 612. EXTENSION AND STRENGTHENING OF RAPE VIC-
TIM SHIELD LAW.
(a) AMENDMENTS TO RAPE VICTIM SHIELD LAW.—
Rule 412 of the Federal Rules of Evidence is amended—
(1) in subdivisions (a) and (b), by striking
‘‘criminal case’’ and inserting ‘‘criminal or civil
case’’;
(2) in subdivisions (a) and (b), by striking ‘‘an
offense under chapter 109A of title 18, United
112
States Code,’’ and inserting ‘‘an offense or civil
wrong involving conduct proscribed by chapter 109A
of title 18, United States Code, whether or not the
conduct occurred in the special maritime and terri-
torial jurisdiction of the United States or in a Fed-
eral prison,’’;
(3) in subdivision (a), by striking ‘‘victim of
such offense’’ and inserting ‘‘victim of such con-
duct’’;
(4) in subdivision (c)—
(A) by striking in paragraph (1) ‘‘the per-
son accused of committing an offense under
chapter 109A of title 18, United States Code’’
and inserting ‘‘the accused’’; and
(B) by inserting at the end of paragraph
(3) the following: ‘‘An order admitting evidence
under this paragraph shall explain the reason-
ing leading to the finding of relevance, and the
basis of the finding that the probative value of
the evidence outweighs the danger of unfair
prejudice notwithstanding the potential of the
evidence to humiliate and embarrass the alleged
victim and to result in unfair or biased infer-
ences.’’; and
113
(5) in subdivision (d), by striking ‘‘an offense
under chapter 109A of title 18, United States Code’’
and inserting ‘‘the conduct proscribed by chapter
109A of title 18, United States Code,’’.
(b) INTERLOCUTORY APPEAL.—Section 3731 of title
18, United States Code, is amended by inserting after the
second paragraph the following:
‘‘An appeal by the United States before trial shall
lie to a court of appeals from an order of a district court
admitting evidence of an alleged victim’s past sexual be-
havior in a criminal case in which the defendant is charged
with an offense involving conduct proscribed by chapter
109A of this title, whether or not the conduct occurred
in the special maritime and territorial jurisdiction of the
United States or in a Federal prison.’’.
SEC. 613. INADMISSIBILITY OF EVIDENCE TO SHOW PROVO-
CATION OR INVITATION BY VICTIM IN SEX
OFFENSE CASES.
The Federal Rules of Evidence are amended by add-
ing after Rule 415 (as added by section 611 of this Act)
the following:
‘‘Rule 416. Inadmissibility of evidence to show invitation or
provocation by victim in sexual abuse cases
‘‘In a criminal case in which a person is accused of
an offense involving conduct proscribed by chapter 109A
114
of title 18, United States Code, whether or not the conduct
occurred in the special maritime and territorial jurisdic-
tion of the United States or in a Federal prison, evidence
is not admissible to show that the alleged victim invited
or provoked the commission of the offense. This Rule does
not limit the admission of evidence of consent by the al-
leged victim if the issue of consent is relevant to liability
and the evidence is otherwise admissible under these
Rules.’’.
Subtitle C—Good Faith Exemption
to the Exclusionary Rule
SEC. 621. ADMISSIBILITY OF CERTAIN EVIDENCE.
(a) IN GENERAL.—Chapter 223 of title 18, United
States Code, is amended by adding at the end the
following:
‘‘§ 3510. Admissibility of evidence obtained by search
or seizure
‘‘(a) EVIDENCE OBTAINED BY OBJECTIVELY REA-
SONABLE SEARCH OR SEIZURE.—Evidence which is ob-
tained as a result of a search or seizure shall not be ex-
cluded in a proceeding in a court of the United States
on the ground that the search or seizure was in violation
of the fourth amendment to the Constitution of the United
States, if the search or seizure was carried out in cir-
cumstances justifying an objectively reasonable belief that
115
it was in conformity with the fourth amendment. The fact
that evidence was obtained pursuant to and within the
scope of a warrant constitutes prima facie evidence of the
existence of such circumstances.
‘‘(b) EVIDENCE NOT EXCLUDABLE BY STATUTE OR
RULE.—Evidence shall not be excluded in a proceeding
in a court of the United States on the ground that it was
obtained in violation of a statute, an administrative rule
or regulation, or a rule of procedure unless exclusion is
expressly authorized by statute or by a rule prescribed by
the Supreme Court pursuant to statutory authority.
‘‘(c) RULE OF CONSTRUCTION.—This section shall
not be construed to require or authorize the exclusion of
evidence in any proceeding.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 223 of title 18, United States
Code, is amended by adding at the end the following:
‘‘3510. Admissibility of evidence obtained by search or seizure.’’.
116
TITLE VII—PROTECTION OF
WOMEN
Subtitle A—Spouse Abuse and
Stalking
SEC. 701. INTERSTATE TRAVEL TO COMMIT SPOUSE ABUSE
OR TO VIOLATE PROTECTIVE ORDER; INTER-
STATE STALKING.
(a) OFFENSE.—Part 1 of title 18, United States
Code, is amended by inserting after chapter 110 the
following:
‘‘CHAPTER 110A—DOMESTIC VIOLENCE AND
OFFENSES AGAINST THE FAMILY
‘‘Sec.
‘‘2261. Domestic violence and stalking.
‘‘§ 2261. Domestic violence and stalking
‘‘(a) OFFENSE.—Whoever, in a circumstance de-
scribed in subsection (c), causes or attempts to cause bod-
ily injury to, engages in sexual abuse against, or violates
a protective order in relation to, another shall be pun-
ished—
‘‘(1) if death results, by death or by imprison-
ment for any term of years or for life;
‘‘(2) if permanent disfigurement or life-threat-
ening bodily injury results, by imprisonment for not
more than 20 years;