may not exceed $75,000, unless the Attorney General
grants a waiver from this limitation.
‘‘SEC. 1706. PERFORMANCE EVALUATION.
‘‘(a) EVALUATION COMPONENTS.—Each program,
project, or activity funded under this part shall contain
an evaluation component, developed pursuant to guidelines
established by the Attorney General. The evaluations re-
quired by this subsection shall include outcome measures
that can be used to determine the effectiveness of the
funded programs, projects, and activities. Outcome meas-
ures may include crime and victimization indicators, qual-
ity of life measures, community perceptions, and police
perceptions of their own work.
‘‘(b) PERIODIC REVIEW AND REPORTS.—The Attor-
ney General shall review the performance of each grant
recipient under this part. The Attorney General may re-
quire a grant recipient to submit to the Attorney General
the results of the evaluations required under subsection
(a) and such other data and information as the Attorney
General deems reasonably necessary to carry out the re-
sponsibilities under this subsection.
‘‘SEC. 1707. REVOCATION OR SUSPENSION OF FUNDING.
‘‘If the Attorney General determines, as a result of
the reviews required by section 1706 of this part, or other-
wise, that a grant recipient under this part is not in sub-
stantial compliance with the terms and requirements of
an approved grant application submitted under section
1702 of this part, the Attorney General may revoke or
suspend funding of that grant, in whole or in part.
‘‘SEC. 1708. ACCESS TO DOCUMENTS.
‘‘(a) BY THE ATTORNEY GENERAL.—The Attorney
General shall have access for the purpose of audit and ex-
amination to any pertinent books, documents, papers, or
records of a grant recipient under this part, as well as
the pertinent books, documents, papers, or records of
State and local governments, persons, businesses, and
other entities that are involved in programs, projects, or
activities for which assistance is provided under this part.
‘‘(b) BY THE COMPTROLLER GENERAL.—The provi-
sions of subsection (a) of this section shall also apply with
respect to audits and examinations conducted by the
Comptroller General of the United States or by an author-
ized representative of the Comptroller General.
‘‘SEC. 1709. GENERAL REGULATORY AUTHORITY.
‘‘The Attorney General is authorized to promulgate
regulations and guidelines to carry out this part.
‘‘SEC. 1710. DEFINITION.
‘‘For the purposes of this part, the term ‘career law
enforcement officer’ means a person hired on a permanent
basis who is authorized by law or by a State or local public
agency to engage in or supervise the prevention, detection,
or investigation of violations of criminal laws.’’.
(b) TECHNICAL AMENDMENT.—The table of contents
of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3711, et seq.) is amended by strik-
ing the material relating to Part Q and inserting the fol-
lowing:
‘‘PART Q—PUBLIC SAFETY AND COMMUNITY POLICING; ‘COPS ON THE
BEAT’
‘‘Sec. 1701. Authority to make public safety and community policing
grants.
‘‘Sec. 1702. Applications.
‘‘Sec. 1703. Review of applications by State office.
‘‘Sec. 1704. Renewal of grants.
‘‘Sec. 1705. Limitation on use of funds.
‘‘Sec. 1706. Performance evaluation.
‘‘Sec. 1707. Revocation or suspension of funding.
‘‘Sec. 1708. Access to documents.
‘‘Sec. 1709. General regulatory authority.
‘‘Sec. 1710. Definition.
‘‘PART R—TRANSITION-EFFECTIVE DATE-REPEALER
‘‘Sec. 1801. Continuation of rules, authorities and proceedings.’’.
SEC. 102. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION.—Section 1001(a) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 2793) is amended—
(1) in paragraph (3) by striking ‘‘and N.’’ and
inserting ‘‘N, O, P, and Q.’’; and
(2) by adding at the end the following new
paragraph:
‘‘(11)(A) There are authorized to be appro-
priated to carry out Part Q, to remain available
until expended, $200,000,000 for fiscal year 1994
and $650,000,000 for each of the fiscal years 1995,
1996, 1997, 1998, and 1999.
‘‘(B) Of funds available under Part Q in any
fiscal year, up to 5 percent may be used for tech-
nical assistance under section 1701(e) or for evalua-
tions or studies carried out or commissioned by the
Attorney General in furtherance of the purposes of
Part Q, and up to 5 percent may be used for the
costs of States in carrying out the functions de-
scribed in section 1703(b) or other administrative
costs. Of the remaining funds, 60 percent shall be
allocated for grants pursuant to applications submit-
ted as provided in section 1703 (a) or (d), and 40
percent shall be allocated for grants pursuant to ap-
plications submitted as provided in section 1703(c).
Of the funds available in relation to grants pursuant
to applications submitted as provided in section
1703 (a) or (d), at least 85 percent shall be applied
to grants for the purposes specified in section
1701(b), and no more than 15 percent may be ap-
plied to other grants in furtherance of the purposes
of Part Q. Of the funds available in relation to
grants pursuant to applications submitted as pro-
vided in section 1703(c), at least 85 percent shall be
applied to grants for the purposes specified in sec-
tion 1701(b), and no more than 15 percent may be
applied to other grants in furtherance of the pur-
poses of Part Q.’’.
TITLE II—DEATH PENALTY
SEC. 201. CONSTITUTIONAL PROCEDURES FOR THE IMPO-
SITION OF THE SENTENCE OF DEATH.
Part II of title 18 of the United States Code is
amended by adding the following new chapter after chap-
ter 227:
‘‘CHAPTER 228—DEATH SENTENCE
‘‘Sec.
‘‘3591. Sentence of death.
‘‘3592. Mitigating and aggravating factors to be considered in determining
whether a sentence of death is justified.
‘‘3593. Special hearing to determine whether a sentence of death is justified.
‘‘3594. Imposition of a sentence of death.
‘‘3595. Review of a sentence of death.
‘‘3596. Implementation of a sentence of death.
‘‘3597. Use of State facilities.
‘‘3598. Special provisions for Indian country.
‘‘§ 3591. Sentence of death
‘‘A defendant who has been found guilty of—
‘‘(1) an offense described in section 794 or sec-
tion 2381 of this title; or
‘‘(2) any other offense for which a sentence of
death is provided, if the defendant, as determined
beyond a reasonable doubt at the hearing under sec-
tion 3593—
‘‘(A) intentionally killed the victim;
‘‘(B) intentionally inflicted serious bodily
injury that resulted in the death of the victim;
‘‘(C) intentionally participated in an act,
contemplating that the life of a person would be
taken or intending that lethal force would be
used in connection with a person, other than
one of the participants in the offense, and the
victim died as a direct result of the act; or
‘‘(D) intentionally and specifically engaged
in an act of violence, knowing that the act cre-
ated a grave risk of death to a person, other
than one of the participants in the offense, such
that participation in the act constituted a reck-
less disregard for human life and the victim
died as a direct result of the act,
shall be sentenced to death if, after consideration of the
factors set forth in section 3592 in the course of a hearing
held pursuant to section 3593, it is determined that impo-
sition of a sentence of death is justified, except that no
person may be sentenced to death who was less than 18
years of age at the time of the offense.
‘‘(4) EQUALLY CULPABLE DEFENDANTS.—An-
other defendant or defendants, equally culpable in
the crime, will not be punished by death.
‘‘(5) NO PRIOR CRIMINAL RECORD.—The de-
fendant did not have a significant prior history of
other criminal conduct.
‘‘(6) DISTURBANCE.—The defendant committed
the offense under severe mental or emotional dis-
turbance.
‘‘(7) VICTIM’S CONSENT.—The victim consented
to the criminal conduct that resulted in the victim’s
death.
‘‘(8) OTHER
FACTORS.—Other factors in the
defendant’s background, record, or character or any
other circumstance of the offense that mitigate
against imposition of the death sentence.
‘‘(b) AGGRAVATING FACTORS FOR ESPIONAGE AND
TREASON.—In determining whether a sentence of death
is justified for an offense described in section 3591(1), the
jury, or if there is no jury, the court, shall consider each
of the following aggravating factors for which notice has
been given and determine which, if any, exist:
‘‘(1) PRIOR
ESPIONAGE
OR
TREASON
OF-
FENSE.—The defendant has previously been con-
victed of another offense involving espionage or trea-
son for which a sentence of either life imprisonment
or death was authorized by law.
‘‘(2) GRAVE RISK TO NATIONAL SECURITY.—In
the commission of the offense the defendant know-
ingly created a grave risk of substantial danger to
the national security.
‘‘(3) GRAVE RISK OF DEATH.—In the commis-
sion of the offense the defendant knowingly created
a grave risk of death to another person.
The jury, or if there is no jury, the court, may consider
whether any other aggravating factor for which notice has
been given exists.
‘‘(c) AGGRAVATING FACTORS
FOR HOMICIDE.—In
determining whether a sentence of death is justified for
an offense described in section 3591(2), the jury, or if
there is no jury, the court, shall consider each of the fol-
lowing aggravating factors for which notice has been given
and determine which, if any, exist:
‘‘(1) DEATH DURING COMMISSION OF ANOTHER
CRIME.—The death, or injury resulting in death, oc-
curred during the commission or attempted commis-
sion of, or during the immediate flight from the
commission of, an offense under section 32 (destruc-
tion of aircraft or aircraft facilities), section 33 (de-
struction of motor vehicles or motor vehicle facili-
ties), section 36 (violence at international airports),
section 351 (violence against Members of Congress,
Cabinet officers, or Supreme Court Justices), an of-
fense under section 751 (prisoners in custody of in-
stitution or officer), section 794 (gathering or deliv-
ering defense information to aid foreign govern-
ment), section 844(d) (transportation of explosives
in interstate commerce for certain purposes), section
844(f) (destruction of Government property by ex-
plosives), section 1118 (prisoners serving life term),
section 1201 (kidnapping), section 844(i) (destruc-
tion of property affecting interstate commerce by ex-
plosives), section 1116 (killing or attempted killing
of diplomats), section 1203 (hostage taking), section
1992 (wrecking trains), section 2280 (maritime vio-
lence), section 2281 (maritime platform violence),
section 2332 (terrorist acts abroad against United
States nationals), section 2339 (use of weapons of
mass destruction), or section 2381 (treason) of this
title, or section 902 (i) or (n) of the Federal Avia-
tion Act of 1958 (49 U.S.C. 1472 (i) or (n)) (air-
craft piracy).
‘‘(2) PREVIOUS CONVICTION OF VIOLENT FEL-
ONY INVOLVING FIREARM.—For any offense, other
than an offense for which a sentence of death is
sought on the basis of section 924(c) of this title, as
amended by this Act, the defendant has previously
been convicted of a Federal or State offense punish-
able by a term of imprisonment of more than one
year, involving the use or attempted or threatened
use of a firearm, as defined in section 921 of this
title, against another person.
‘‘(3) PREVIOUS CONVICTION OF OFFENSE FOR
WHICH A SENTENCE OF DEATH OR LIFE IMPRISON-
MENT WAS AUTHORIZED.—The defendant has pre-
viously been convicted of another Federal or State
offense resulting in the death of a person, for which
a sentence of life imprisonment or a sentence of
death was authorized by statute.
‘‘(4) PREVIOUS CONVICTION OF OTHER SERI-
OUS OFFENSES.—The defendant has previously been
convicted of two or more Federal or State offenses,
punishable by a term of imprisonment of more than
one year, committed on different occasions, involving
the infliction of, or attempted infliction of, serious
bodily injury or death upon another person.
‘‘(5) GRAVE RISK OF DEATH TO ADDITIONAL
PERSONS.—The defendant, in the commission of the
offense, or in escaping apprehension for the violation
of the offense, knowingly created a grave risk of
death to one or more persons in addition to the vic-
tim of the offense.
‘‘(6) HEINOUS, CRUEL, OR DEPRAVED MANNER
OF COMMITTING OFFENSE.—The defendant commit-
ted the offense in an especially heinous, cruel, or de-
praved manner in that it involved torture or serious
physical abuse to the victim.
‘‘(7) PROCUREMENT
OF
OFFENSE
BY
PAY-
MENT.—The defendant procured the commission of
the offense by payment, or promise of payment, of
anything of pecuniary value.
‘‘(8) PECUNIARY
GAIN.—The defendant com-
mitted the offense as consideration for the receipt,
or in the expectation of the receipt, of anything of
pecuniary value.
‘‘(9) 
SUBSTANTIAL
PLANNING
AND
PREMEDITATION.—The defendant committed the of-
fense after substantial planning and premeditation
to cause the death of a person or commit an act of
terrorism.
‘‘(10) CONVICTION FOR TWO FELONY DRUG OF-
FENSES.—The defendant has previously been con-
victed of two or more State or Federal offenses pun-
ishable by a term of imprisonment of more than one
year, committed on different occasions, involving the
distribution of a controlled substance.
‘‘(11) VULNERABILITY OF VICTIM.—The victim
was particularly vulnerable due to old age, youth, or
infirmity.
‘‘(12) CONVICTION
FOR
SERIOUS
FEDERAL
DRUG
OFFENSES.—The defendant had previously
been convicted of violating title II or title III of the
Controlled Substances Act for which a sentence of 5
or more years may be imposed or had previously
been convicted of engaging in a continuing criminal
enterprise.
‘‘(13) CONTINUING CRIMINAL ENTERPRISE IN-
VOLVING DRUG SALES TO MINORS.—The defendant
committed the offense in the course of engaging in
a continuing criminal enterprise in violation of sec-
tion 408(c) of the Controlled Substances Act and
that violation involved the distribution of drugs to
persons under the age of 21 in violation of section
418 of such Act.
‘‘(14) HIGH PUBLIC OFFICIALS.—The defend-
ant committed the offense against—
‘‘(A) the President of the United States,
the President-elect, the Vice President, the
Vice-President-elect, 
the 
Vice-President-des-
ignate, or, if there is no Vice President, the of-
ficer next in order of succession to the office of
the President of the United States, or any per-
son who is acting as President under the Con-
stitution and laws of the United States;
‘‘(B) a Chief of State, head of government,
or the political equivalent, of a foreign nation;
‘‘(C) a foreign official listed in section
1116(b)(3)(A) of this title, if the official is in
the United States on official business; or
‘‘(D) a Federal public servant who is a
judge, a law enforcement officer, or an em-
ployee of a United States penal or correctional
institution—
‘‘(i) while he or she is engaged in the
performance of his or her official duties;
‘‘(ii) because of the performance of his
or her official duties; or
‘‘(iii) because of his or her status as
a public servant.
For purposes of this subparagraph, a ‘law en-
forcement officer’ is a public servant authorized
by law or by a Government agency or Congress
to conduct or engage in the prevention, inves-
tigation, or prosecution or adjudication of an
offense, and includes those engaged in correc-
tions, parole, or probation functions.
‘‘(15) PRIOR CONVICTION OF SEXUAL ASSAULT
OR CHILD MOLESTATION.—In the case of an offense
under chapter 109A (sexual abuse) or chapter 110
(sexual abuse of children), the defendant has pre-
viously been convicted of a crime of sexual assault
or crime of child molestation.
The jury, or if there is no jury, the court, may consider
whether any other aggravating factor for which notice has
been given exists.
‘‘§ 3593. Special hearing to determine whether a sen-
tence of death is justified
‘‘(a) NOTICE BY THE GOVERNMENT.—If, in a case
involving an offense described in section 3591, the attor-
ney for the government believes that the circumstances of
the offense are such that a sentence of death is justified
under this chapter, the attorney shall, a reasonable time
before the trial or before acceptance by the court of a plea
of guilty, sign and file with the court, and serve on the
defendant, a notice—
‘‘(1) stating that the government believes that
the circumstances of the offense are such that, if the
defendant is convicted, a sentence of death is justi-
fied under this chapter and that the government will
seek the sentence of death; and
‘‘(2) setting forth the aggravating factor or fac-
tors that the government, if the defendant is con-
victed, proposes to prove as justifying a sentence of
death.
The factors for which notice is provided under this sub-
section may include factors concerning the effect of the
offense on the victim and the victim’s family, and may
include oral testimony, a victim impact statement that
identifies the victim of the offense and the extent and
scope of the injury and loss suffered by the victim and
the victim’s family, and any other relevant information.
The court may permit the notice to include any aggravat-
ing factor that is not an element of the underlying offense.
The court may also permit the attorney for the govern-
ment to amend the notice upon a showing of good cause.
‘‘(b) HEARING BEFORE A COURT OR JURY.—If the
attorney for the government has filed a notice as required
under subsection (a) and the defendant is found guilty of
or pleads guilty to an offense described in section 3591,
the judge who presided at the trial or before whom the
guilty plea was entered, or another judge if that judge is
unavailable, shall conduct a separate sentencing hearing
to determine the punishment to be imposed. The hearing
shall be conducted—
‘‘(1) before the jury that determined the de-
fendant’s guilt;
‘‘(2) before a jury impaneled for the purpose of
the hearing if—
‘‘(A) the defendant was convicted upon a
plea of guilty;
‘‘(B) the defendant was convicted after a
trial before the court sitting without a jury;
‘‘(C) the jury that determined the defend-
ant’s guilt was discharged for good cause; or
‘‘(D) after initial imposition of a sentence
under this section, reconsideration of the sen-
tence under this section is necessary; or
‘‘(3) before the court alone, upon the motion of
the defendant and with the approval of the attorney
for the government.
A jury impaneled pursuant to paragraph (2) shall consist
of 12 members, unless, at any time before the conclusion
of the hearing, the parties stipulate, with the approval of
the court, that it shall consist of a lesser number.
‘‘(c) PROOF OF MITIGATING AND AGGRAVATING FAC-
TORS.—Notwithstanding rule 32(c) of the Federal Rules
of Criminal Procedure, when a defendant is found guilty
or pleads guilty to an offense under section 3591, no
presentence report shall be prepared. At the sentencing
hearing, information may be presented as to any matter
relevant to the sentence, including any mitigating or ag-
gravating factor permitted or required to be considered
under section 3592. Information presented may include
the trial transcript and exhibits if the hearing is held be-
fore a jury or judge not present during the trial. The de-
fendant may present any information relevant to a miti-
gating factor. The government may present any informa-
tion relevant to an aggravating factor for which notice has
been provided under subsection (a). The government and
the defendant shall be permitted to rebut any information
received at the hearing, and shall be given fair opportunity
to present argument as to the adequacy of the information
to establish the existence of any aggravating or mitigating
factor, and as to the appropriateness in the case of impos-
ing a sentence of death. The government shall open the
argument. The defendant shall be permitted to reply. The
government shall then be permitted to reply in rebuttal.
The burden of establishing the existence of any aggravat-
ing factor is on the government, and is not satisfied unless
the existence of such a factor is established beyond a rea-
sonable doubt. The burden of establishing the existence
of any mitigating factor is on the defendant, and is not
satisfied unless the existence of such a factor is established
by a preponderance of the information.
‘‘(d) RETURN OF SPECIAL FINDINGS.—The jury, or
if there is no jury, the court, shall consider all the informa-
tion received during the hearing. It shall return special
findings identifying any aggravating factor or factors set
forth in section 3592 found to exist and any other aggra-
vating factor for which notice has been provided under
subsection (a) found to exist. A finding with respect to
a mitigating factor may be made by 1 or more members
of the jury, and any member of the jury who finds the
existence of a mitigating factor may consider such factor
established for purposes of this section regardless of the
number of jurors who concur that the factor has been es-
tablished. A finding with respect to any aggravating factor
must be unanimous. If no aggravating factor set forth in
section 3592 is found to exist, the court shall impose a
sentence other than death authorized by law.
‘‘(e) RETURN OF A FINDING CONCERNING A SEN-
TENCE OF DEATH.—If, in the case of—
‘‘(1) an offense described in section 3591(1), an
aggravating factor required to be considered under
section 3592(b) is found to exist; or
‘‘(2) an offense described in section 3591(2), an
aggravating factor required to be considered under
section 3592(c) is found to exist,
the jury, or if there is no jury, the court, shall consider
whether all the aggravating factor or factors found to exist
sufficiently outweigh all the mitigating factor or factors
found to exist to justify a sentence of death, or, in the
absence of a mitigating factor, whether the aggravating
factor or factors alone are sufficient to justify a sentence
of death. Based upon this consideration, the jury by unan-
imous vote, or if there is no jury, the court, shall rec-
ommend whether the defendant should be sentenced to
death, to life imprisonment without possibility of release,
or to some other lesser sentence. The jury or the court,
if there is no jury, regardless of its findings with respect
to aggravating and mitigating factors, is never required
to impose a death sentence and the jury shall be so in-
structed.
‘‘(f) SPECIAL PRECAUTION TO ENSURE AGAINST
DISCRIMINATION.—In a hearing held before a jury, the
court, prior to the return of a finding under subsection
(e), shall instruct the jury that, in considering whether
a sentence of death is justified, it shall not consider the
race, color, religious beliefs, national origin, or sex of the
defendant or of any victim and that the jury is not to rec-
ommend a sentence of death unless it has concluded that
it would recommend a sentence of death for the crime in
question no matter what the race, color, religious beliefs,
national origin, or sex of the defendant or of any victim
may be. The jury, upon return of a finding under sub-
section (e), shall also return to the court a certificate,
signed by each juror, that consideration of the race, color,
religious beliefs, national origin, or sex of the defendant
or any victim was not involved in reaching his or her indi-
vidual decision and that the individual juror would have
made the same recommendation regarding a sentence for
the crime in question no matter what the race, color, reli-
gious beliefs, national origin, or sex of the defendant or
any victim may be.
‘‘§ 3594. Imposition of a sentence of death
‘‘Upon a recommendation under section 3593(e) that
the defendant should be sentenced to death or life impris-
onment without possibility of release, the court shall sen-
tence the defendant accordingly. Otherwise, the court shall
impose any lesser sentence that is authorized by law. Not-
withstanding any other provision of law, if the maximum
term of imprisonment for the offense is life imprisonment,
the court may impose a sentence of life imprisonment
without possibility of release.
‘‘§ 3595. Review of a sentence of death
‘‘(a) APPEAL.—In a case in which a sentence of death
is imposed, the sentence shall be subject to review by the
court of appeals upon appeal by the defendant. Notice of
appeal must be filed within the time specified for the filing
of a notice of appeal. An appeal under this section may
be consolidated with an appeal of the judgment of convic-
tion and shall have priority over all other cases.
‘‘(b) REVIEW.—The court of appeals shall review the
entire record in the case, including—
‘‘(1) the evidence submitted during the trial;
‘‘(2) the information submitted during the sen-
tencing hearing;
‘‘(3) the procedures employed in the sentencing
hearing; and
‘‘(4) the special findings returned under section
3593(d).
‘‘(c) DECISION AND DISPOSITION.—
‘‘(1) The court of appeals shall address all sub-
stantive and procedural issues raised on the appeal
of a sentence of death, and shall consider whether
the sentence of death was imposed under the influ-
ence of passion, prejudice, or any other arbitrary
factor and whether the evidence supports the special
finding of the existence of an aggravating factor re-
quired to be considered under section 3592.
‘‘(2) Whenever the court of appeals finds
that—
‘‘(A) the sentence of death was imposed
under the influence of passion, prejudice, or any
other arbitrary factor;
‘‘(B) the admissible evidence and informa-
tion adduced does not support the special find-
ing of the existence of the required aggravating
factor; or
‘‘(C) the proceedings involved any other
legal error requiring reversal of the sentence
that was properly preserved for appeal under
the rules of criminal procedure,
the court shall remand the case for reconsideration
under section 3593 or imposition of a sentence other
than death.
‘‘(3) The court of appeals shall state in writing
the reasons for its disposition of an appeal of a sen-
tence of death under this section.
‘‘§ 3596. Implementation of a sentence of death
‘‘(a) IN GENERAL.—A person who has been sen-
tenced to death pursuant to the provisions of this chapter
shall be committed to the custody of the Attorney General
until exhaustion of the procedures for appeal of the judg-
ment of conviction and for review of the sentence. When
the sentence is to be implemented, the Attorney General
shall release the person sentenced to death to the custody
of a United States marshal, who shall supervise implemen-
tation of the sentence in the manner prescribed by the law
of the State in which the sentence is imposed. If the law
of such State does not provide for implementation of a
sentence of death, the court shall designate another State,
the law of which does provide for the implementation of
a sentence of death, and the sentence shall be implemented
in the latter State in the manner prescribed by such law.
‘‘(b) PREGNANT WOMAN.—A sentence of death shall
not be carried out upon a woman while she is pregnant.
‘‘(c) MENTAL CAPACITY.—A sentence of death shall
not be carried out upon a person who is mentally retarded.
A sentence of death shall not be carried out upon a person
who, as a result of mental disability, lacks the mental ca-
pacity to understand the death penalty and why it was
imposed on that person.
‘‘§ 3597. Use of State facilities
‘‘(a) IN
GENERAL.—A United States marshal
charged with supervising the implementation of a sentence
of death may use appropriate State or local facilities for
the purpose, may use the services of an appropriate State
or local official or of a person such an official employs
for the purpose, and shall pay the costs thereof in an
amount approved by the Attorney General.
‘‘(b) EXCUSE OF AN EMPLOYEE ON MORAL OR RELI-
GIOUS GROUNDS.—No employee of any State department
of corrections, the United States Department of Justice,
the Federal Bureau of Prisons, or the United States Mar-
shals Service, and no employee providing services to that
department, bureau, or service under contract shall be re-
quired, as a condition of that employment or contractual
obligation, to be in attendance at or to participate in any
prosecution or execution under this section if such partici-
pation is contrary to the moral or religious convictions of
the employee. For purposes of this subsection, the term
‘participation’ includes personal preparation of the con-
demned individual and the apparatus used for execution
and supervision of the activities of other personnel in car-
rying out such activities.
‘‘§ 3598. Special provisions for Indian country
‘‘Notwithstanding sections 1152 and 1153, no person
subject to the criminal jurisdiction of an Indian tribal gov-
ernment shall be subject to a capital sentence under this
chapter for any offense the Federal jurisdiction for which
is predicated solely on Indian country as defined in section
1151 of this title, and which has occurred within the
boundaries of such Indian country, unless the governing
body of the tribe has elected that this chapter have effect
over land and persons subject to its criminal jurisdiction.’’.
(b) AMENDMENT
OF
CHAPTER
ANALYSIS.—The
chapter analysis of part II of title 18, United States Code,
is amended by adding the following new item after the
item relating to chapter 227:
‘‘228. Death sentence ........................................................................ 3591.’’.
SEC. 202. SPECIFIC OFFENSES FOR WHICH DEATH PEN-
ALTY IS AUTHORIZED.
(a) CONFORMING CHANGES IN TITLE 18.—Title 18,
United States Code, is amended as follows:
(1) AIRCRAFTS
AND
MOTOR
VEHICLES.—Sec-
tion 34 of title 18, United States Code, is amended
by striking the comma after ‘‘imprisonment for life’’
and inserting a period and striking the remainder of
the section.
(2) ESPIONAGE.—Section 794(a) of title 18,
United States Code, is amended by striking the pe-
riod at the end of the section and inserting ‘‘, except
that the sentence of death shall not be imposed un-
less the jury or, if there is no jury, the court, further
finds that the offense directly concerned nuclear
weaponry, military spacecraft or satellites, early
warning systems, or other means of defense or retal-
iation against large-scale attack; war plans; commu-
nications intelligence or cryptographic information;
or any other major weapons system or major ele-
ment of defense strategy.’’.
(3) 
EXPLOSIVE
MATERIALS.—(A) 
Section
844(d) of title 18, United States Code, is amended
by striking ‘‘as provided in section 34 of this title’’.
(B) Section 844(f) of title 18, United States
Code, is amended by striking ‘‘as provided in section
34 of this title’’.
(C) Section 844(i) of title 18, United States
Code, is amended by striking ‘‘as provided in section
34 of this title’’.
(4) MURDER.—The second undesignated para-
graph of section 1111(b) of title 18, United States
Code, is amended to read as follows:
‘‘Whoever is guilty of murder in the first degree
shall be punished by death or by imprisonment for
life;’’.
(5) KILLING OF FOREIGN OFFICIALS OR INTER-
NATIONALLY
PROTECTED
PERSONS.—Section
1116(a) of title 18, United States Code, is amended
by striking ‘‘any such person who is found guilty of
murder in the first degree shall be sentenced to im-
prisonment for life, and’’.
(6) KIDNAPPING.—Section 1201(a) of title 18,
United States Code, is amended by inserting after
‘‘or for life’’ the following: ‘‘and, if the death of any
person results, shall be punished by death or life im-
prisonment’’.
(7) NONMAILABLE INJURIOUS ARTICLES.—The
last paragraph of section 1716 of title 18, United
States Code, is amended by striking the comma
after ‘‘imprisonment for life’’ and inserting a period
and striking the remainder of the paragraph.
(8) WRECKING TRAINS.—The second to the last
undesignated paragraph of section 1992 of title 18,
United States Code, is amended by striking the
comma after ‘‘imprisonment for life’’ and inserting
a period and striking the remainder of the section.
(9) BANK ROBBERY.—Section 2113(e) of title
18, United States Code, is amended by striking ‘‘or
punished by death if the verdict of the jury shall so
direct’’ and inserting ‘‘or if death results shall be
punished by death or life imprisonment’’.
(10) HOSTAGE
TAKING.—Section 1203(a) of
title 18, United States Code, is amended by insert-
ing after ‘‘or for life’’ the following: ‘‘and, if the
death of any person results, shall be punished by
death or life imprisonment’’.
(11) MURDER FOR HIRE.—Section 1958 of title
18, United States Code, is amended by striking
‘‘and if death results, shall be subject to imprison-
ment for any term of years or for life, or shall be
fined not more than $50,000, or both’’ and inserting
‘‘and if death results, shall be punished by death or
life imprisonment, or shall be fined under this title,
or both’’.
(12) RACKETEERING.—Section 1959(a)(1) of
title 18, United States Code, is amended to read as
follows:
‘‘(1) for murder, by death or life imprisonment,
or a fine under this title, or both; and for kidnap-
ping, by imprisonment for any term of years or for
life, or a fine under this title, or both;’’.
(13) GENOCIDE.—Section 1091(b)(1) of title
18, United States Code, is amended by striking ‘‘a
fine of not more than $1,000,000 or imprisonment
for life,’’ and inserting ‘‘, where death results, by
death or imprisonment for life and a fine under this
title, or both;’’.
(14) CARJACKING.—Section 2119(3) of title 18,
United States Code, is amended to read as follows:
‘‘(3) if death results, be punished by death or
imprisoned for any term of years or for life, fined
under this title, or both.’’
(b) CONFORMING AMENDMENT TO FEDERAL AVIA-
TION ACT OF 1954.—Section 903 of the Federal Aviation
Act of 1958 (49 U.S.C. 1473) is amended by striking sub-
section (c).
SEC. 203. APPLICABILITY TO UNIFORM CODE OF MILITARY
JUSTICE.
The provisions of chapter 228 of title 18, United
States Code, as added by this title, shall not apply to pros-
ecutions under the Uniform Code of Military Justice (10
U.S.C. 801).
SEC. 204. DEATH PENALTY FOR MURDER BY A FEDERAL
PRISONER.
(a) IN GENERAL.—Chapter 51 of title 18, United
States Code, is amended by adding at the end thereof the
following new section:
‘‘§ 1118. Murder by a Federal prisoner
‘‘(a) OFFENSE.—Whoever, while confined in a Fed-
eral correctional institution under a sentence for a term
of life imprisonment, commits the murder of another shall
be punished by death or by life imprisonment.
‘‘(b) DEFINITIONS.—For the purposes of this sec-
tion—
‘‘(1) the term ‘Federal correctional institution’
means any Federal prison, Federal correctional facil-
ity, Federal community program center, or Federal
halfway house;
‘‘(2) the term ‘term of life imprisonment’ means
a sentence for the term of natural life, a sentence
commuted to natural life, an indeterminate term of
a minimum of at least fifteen years and a maximum
of life, or an unexecuted sentence of death; and
‘‘(3) the term ‘murder’ means a first degree or
second degree murder as defined by section 1111 of
this title.’’.
(b) AMENDMENT OF CHAPTER ANALYSIS.—The table
of sections at the beginning of chapter 51 of title 18,
United States Code, is amended by adding at the end
thereof the following:
‘‘1118. Murder by a Federal prisoner.’’.
SEC. 205. DEATH PENALTY FOR CIVIL RIGHTS MURDERS.
(a) CONSPIRACY AGAINST RIGHTS.—Section 241 of
title 18, United States Code, is amended by striking the
period at the end of the last sentence and inserting ‘‘, or
may be sentenced to death.’’.
(b) DEPRIVATION
OF RIGHTS UNDER COLOR
OF
LAW.—Section 242 of title 18, United States Code, is
amended by striking the period at the end of the last sen-
tence and inserting ‘‘, or may be sentenced to death.’’.
(c) FEDERALLY PROTECTED ACTIVITIES.—Section
245(b) of title 18, United States Code, is amended in the
matter following paragraph (5) by inserting ‘‘, or may be
sentenced to death’’ after ‘‘or for life’’.
(d) DAMAGE TO RELIGIOUS PROPERTY; OBSTRUC-
TION OF THE FREE EXERCISE OF RELIGIOUS RIGHTS.—
Section 247(c)(1) of title 18, United States Code, is
amended by inserting ‘‘, or may be sentenced to death’’
after ‘‘or both’’.
SEC. 206. DEATH PENALTY FOR THE MURDER OF FEDERAL
LAW ENFORCEMENT OFFICIALS.
Section 1114 of title 18, United States Code, is
amended by striking ‘‘punished as provided under sections
1111 and 1112 of this title,’’ and inserting ‘‘punished, in
the case of murder, by a sentence of death or life imprison-
ment as provided under section 1111 of this title, or, in
the case of manslaughter, a sentence as provided under
section 1112 of this title,’’.
SEC. 207. DRIVE-BY SHOOTINGS.
‘‘(a) IN GENERAL.—Section 922 of title 18, United
States, Code, is amended by adding at the end thereof the
following:
‘‘(s) It shall be unlawful for any person knowingly
to—
‘‘(1) discharge a firearm from within a motor
vehicle and
‘‘(2) thereby create a grave risk to human
life.’’.
‘‘(b) PENALTY.—Section 924(a) of such title is
amended—
‘‘(1) in paragraph (1), by striking ‘paragraph
(2) or (3) of’; and
‘‘(2) by adding at the end the following:
‘‘(5) Whoever knowingly violates section 922(s) shall
be fined under this title or imprisoned not more than 25
years, or both, and if death results, shall be punished by
death or imprisonment for life or any term of years.’’.
SEC. 208. FOREIGN MURDER OF UNITED STATES NATION-
ALS.
(a) IN GENERAL.—Chapter 51 of title 18, United
States Code, is amended by adding at the end thereof the
following new section:
‘‘§ 1118. Foreign murder of United States nationals
‘‘(a) Whoever, being a national of the United States,
kills or attempts to kill a national of the United States
while such national is outside the United States but within
the jurisdiction of another country shall be punished as
provided under sections 1111, 1112, and 1113 of this title.
‘‘(b) No prosecution may be instituted against any
person under this section except upon the written approval
of the Attorney General, the Deputy Attorney General, or
an Assistant Attorney General, which function of approv-
ing prosecutions may not be delegated. No prosecution
shall be approved if prosecution has been previously un-
dertaken by a foreign country for the same conduct.
‘‘(c) No prosecution shall be approved under this sec-
tion unless the Attorney General, in consultation with the
Secretary of State, determines that the conduct took place
in a country in which the person is no longer present, and
the country lacks the ability to lawfully secure the person’s
return. A determination by the Attorney General under
this subsection is not subject to judicial review.
‘‘(d) As used in this section, the term ‘national of
the United States’ has the meaning given such term in
section 101(a)(22) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(22)).’’.
(b) CONFORMING AMENDMENT.—Section 1117 of
title 18, United States Code, is amended by striking ‘‘or
1116’’ and inserting ‘‘1116, or 1118’’.
(c) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 51 of title 18, United States
Code, is amended by adding at the end the following new
item:
‘‘1118. Foreign Murder of United States Nationals.’’.
SEC. 209. DEATH PENALTY FOR RAPE AND CHILD MOLES-
TATION MURDERS.
(a) OFFENSE.—Chapter 109A of title 18, United
States Code, is amended by redesignating section 2245 as
section 2246, and by adding the following new section:
‘‘§ 2245. Sexual abuse resulting in death
‘‘Whoever, in the course of an offense under this
chapter, engages in conduct that results in the death of
a person, shall be punished by death or imprisoned for
any term of years or for life.’’.
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 109A of title 18, United States Code, is amended by
striking the item for section 2245 and adding the follow-
ing:
‘‘2245. Sexual abuse resulting in death.
‘‘2246. Definitions for chapter.’’.
SEC. 210. DEATH PENALTY FOR SEXUAL EXPLOITATION OF
CHILDREN.
Section 2251(d) of title 18, United States Code, is
amended by adding at the end the following: ‘‘Whoever,
in the course of an offense under this section, engages in
conduct that results in the death of a person, shall be pun-
ished by death or imprisoned for any term of years or for
life.’’.
SEC. 211. MURDER BY ESCAPED PRISONERS.
(a) IN GENERAL.—Chapter 51 of title 18, United
States Code, is amended by adding at the end the follow-
ing:
‘‘§ 1120. Murder by escaped prisoners
‘‘(a) IN GENERAL.—Whoever, having escaped from
a Federal prison where such person was confined under
a sentence for a term of life imprisonment, kills another
shall be punished as provided in sections 1111 and 1112
of this title.
‘‘(b) DEFINITION.—As used in this section, the terms
‘Federal prison’ and ‘term of life imprisonment’ have the
meanings given those terms in section 1118 of this title.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 51 of title 18, United States
Code, is amended by adding at the end the following:
‘‘1120. Murder by escaped prisoners.’’.
SEC. 212. DEATH PENALTY FOR GUN MURDERS DURING
FEDERAL CRIMES OF VIOLENCE AND DRUG
TRAFFICKING CRIMES.
Section 924 of title 18, United States Code, is
amended by adding after the subsections added by subtitle
B of title V of this Act the following:
‘‘(o) Whoever, in the course of a violation of sub-
section (c) of this section, causes the death of a person
through the use of a firearm, shall—
‘‘(1) if the killing is a murder as defined in sec-
tion 1111 of this title, be punished by death or by
imprisonment for any term of years or for life; and
‘‘(2) if the killing is manslaughter as defined in
section 1112 of this title, be punished as provided in
that section.’’.
SEC. 213. HOMICIDES AND ATTEMPTED HOMICIDES IN-
VOLVING FIREARMS IN FEDERAL FACILITIES.
Section 930 of title 18, United States Code, is
amended by—
(a) redesignating subsections (c), (d), (e), and
(f) as subsections (d), (e), (f), and (g) respectively;
(b) in subsection (a), striking ‘‘(c)’’ and insert-
ing ‘‘(d)’’; and
(c) inserting after subsection (b) the following:
‘‘(c) Whoever kills or attempts to kill any person in
the course of a violation of subsection (a) or (b), or in
the course of an attack on a Federal facility involving the
use of a firearm or other dangerous weapon, shall be pun-
ished as provided in sections 1111, 1112, and 1113 of this
title.’’
SEC. 214. DEATH PENALTY FOR THE MURDER OF STATE OR
LOCAL OFFICIALS ASSISTING FEDERAL LAW
ENFORCEMENT OFFICIALS.
(a) IN GENERAL.—Chapter 51 of title 18, United
States Code, as amended by section 205 of this Act, is
amended by adding at the end the following:
‘‘§ 1119. Killing persons aiding Federal investigations
‘‘Whoever intentionally kills—
‘‘(1) a State or local official, law enforcement
officer, or other officer or employee while working
with Federal law enforcement officials in furtherance
of a Federal criminal investigation—
‘‘(A) while the victim is engaged in the
performance of official duties;
‘‘(B) because of the performance of the
victim’s official duties; or
‘‘(C) because of the victim’s status as a
public servant; or
‘‘(2) any person assisting a Federal criminal in-
vestigation, while that assistance is being rendered
and because of it,
shall be sentenced according to the terms of section 1111
of title 18, United States Code, including by sentence of
death or by imprisonment for life.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 51 of title 18, United States
Code, is amended by adding at the end the following:
‘‘1119. Killing persons aiding Federal investigations.’’.
SEC. 215. DEATH PENALTY FOR MURDER OF FEDERAL WIT-
NESSES.
Section 1512(a)(2)(A) of title 18, United States
Code, is amended to read as follows:
‘‘(A) in the case of murder as defined in section
1111 of this title, the death penalty or imprisonment
for life, and in the case of any other killing, the pun-
ishment provided in section 1112 of this title;’’.
SEC. 216. TERRORIST DEATH PENALTY ACT.
Section 2332(a)(1) of title 18 of the United States
Code is amended to read as follows:
‘‘(1)(A) if the killing is murder as defined in
section 1111(a) of this title, be fined under this title,
punished by death or imprisonment for any term of
years or for life, or both;’’.
SEC. 217. PROTECTION OF COURT OFFICERS AND JURORS.
Section 1503 of title 18, United States Code, is
amended—
(1) by designating the current text as sub-
section (a);
(2) by striking ‘‘fined not more than $5,000 or
imprisoned not more than five years, or both.’’ and
inserting ‘‘punished as provided in subsection (b).’’;
(3) by adding at the end the following:
‘‘(b) The punishment for an offense under this sec-
tion is—
‘‘(1) in the case of a killing, the punishment
provided in sections 1111 and 1112 of this title;
‘‘(2) in the case of an attempted killing, or a
case in which the offense was committed against a
petit juror and in which a class A or B felony was
charged, imprisonment for not more than twenty
years, a fine under this title, or both; and
‘‘(3) in any other case, imprisonment for not
more than ten years, a fine under this title, or
both.’’; and
‘‘(4) in subsection (a), as so designated by this
section, by striking ‘‘commissioner’’ each place it ap-
pears and inserting ‘‘magistrate judge’’.
SEC. 218. 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 after the section heading 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
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, a fine under this
title, or both.’’.
SEC. 219. PROTECTION OF JURORS AND WITNESSES IN
CAPITAL CASES.
Section 3432 of title 18, United States Code, is
amended by inserting before the period the following:
‘‘, except that such list of the veniremen and witnesses
need not be furnished if the court finds by a preponder-
ance of the evidence that providing the list may jeopardize
the life or safety of any person’’.
TITLE III—HABEAS CORPUS
REFORM
SEC. 301. FILING DEADLINES.
Section 2242 of title 28, United States Code, is
amended—
(1) by substituting for the existing heading the
following: ‘‘Filing of habeas corpus petition; time re-
quirements; tolling rules’’;
(2) by inserting ‘‘(a)(1)’’ before the first para-
graph, ‘‘(2)’’ before the second paragraph, ‘‘(3)’’ be-
fore the third paragraph, and ‘‘(4)’’ before the
fourth paragraph;
(3) by amending the third paragraph to read as
follows:
‘‘Leave to amend or supplement the petition shall be
freely given, as provided in the rules of procedure applica-
ble to civil actions.’’; and
(4) by adding at the end the following:
‘‘(b) An application for habeas corpus relief under
section 2254 must be filed in the appropriate district court
not later than 180 days after—
‘‘(1) the last day for filing a petition for a writ
of certiorari in the United States Supreme Court on
direct appeal or unitary review of the conviction and
sentence, if such a petition has not been filed within
the time limits established by law;
‘‘(2) the date of the denial of a writ of certio-
rari, if a petition for a writ of certiorari to the high-
est court of the State on direct appeal or unitary re-
view of the conviction and sentence is filed, within
the time limits established by law, in the United
States Supreme Court; or
‘‘(3) the date of the issuance of the mandate of
the United States Supreme Court, if on a petition
for a writ of certiorari the Supreme Court grants
the writ and disposes of the case in a manner that
leaves the sentence undisturbed.
‘‘(c)(1) Notwithstanding the filing deadline imposed
by subsection (b), if a petitioner under a sentence of death
has filed a petition for post-conviction review in State
court within 270 days of the appointment of counsel as
required by section 2258 of this title, the petitioner shall
have 180 days to file a petition under this chapter upon
completion of the State court review.
‘‘(2) The time requirements established by subsection
(b) shall not apply unless the State has provided notice
to a petitioner under sentence of death of the time require-
ments established by this section. Such notice shall be pro-
vided upon the final disposition of the initial petition for
State post-conviction review.
‘‘(3) In a case in which a sentence of death has been
imposed, the time requirements established by subsection
(b) shall be tolled—
‘‘(A) during any period in which the State has
failed to appoint counsel for State post-conviction re-
view as required in section 2258 of this title;
‘‘(B) during any period in which the petitioner
is incompetent; and
‘‘(C) during an additional period, not to exceed
60 days, if the petitioner makes a showing of good
cause.’’
‘‘(d)(1) Notwithstanding the filing deadline imposed
by subsection (b), if a petitioner under a sentence other
than death has filed—
‘‘(A) a petition for post-conviction review in
State court; or
‘‘(B) a request for counsel for post-conviction
review,
before the expiration of the period described in subsection
(b), the petitioner shall have 180 days to file a petition
under this chapter upon completion of the State court re-
view.
‘‘(2) The time requirements established by subsection
(b) shall not apply in a case in which a sentence other
than death has been imposed unless—
‘‘(A) the State has provided notice to the peti-
tioner of the time requirements established by this
section and of the availability of counsel as described
in subparagraph (B). Such notice shall be provided
orally at the time of sentencing and in writing at the
time the petitioner’s conviction becomes final, except
that in a case in which the petitioner’s conviction be-
comes final within 30 days of sentencing, the State
may provide both the oral and the written notice at
sentencing. In all cases, the written notice to the pe-
titioner shall include easily understood instructions
for filing a request for counsel for State post-convic-
tion review; and
‘‘(B)(i) the State provides counsel to the peti-
tioner upon the filing of a request for counsel for
State post-conviction review; or
‘‘(ii) the State provides counsel to the peti-
tioner, if a request for counsel for State post-convic-
tion review is not filed, upon the filing of a petition
for post-conviction review.
‘‘(3) The time requirements established by subsection
(b) shall be tolled in a case in which a sentence other than
death has been imposed—
‘‘(A) during any period in which the petitioner
is incompetent; and
‘‘(B) during an additional period, not to exceed
60 days, if the petitioner makes a showing of good
cause.’’
‘‘(e) An application that is not filed within the time
requirements established by this section shall be governed
by section 2244(b).’’.
SEC. 302. STAYS OF EXECUTION IN CAPITAL CASES.
Section 2251 of title 28, United States Code, is
amended—
(1) by inserting ‘‘(a)(1)’’ before the first para-
graph and ‘‘(2)’’ before the second paragraph; and
(2) by adding at the end the following:
‘‘(b) In the case of a person under sentence of death,
a warrant or order setting an execution shall by stayed
upon application to any court that would have jurisdiction
over a habeas corpus petition under this chapter. The stay
shall be contingent upon reasonable diligence by the appli-
cant in pursuing relief with respect to such sentence and
shall expire if—
‘‘(1) the applicant fails to file for relief under
this chapter within the time requirements estab-
lished by section 2242;
‘‘(2) upon completion of district court and court
of appeals review under section 2254 of this title,
the application is denied and—
‘‘(A) the time for filing a petition for a
writ of certiorari expires before a petition is
filed;
‘‘(B) a timely petition for a writ of certio-
rari is filed and the Supreme Court denies the
petition; or
‘‘(C) a timely petition for a writ of certio-
rari is filed and, upon consideration of the case,
the Supreme Court disposes of it in a manner
that leaves the capital sentence undisturbed; or
‘‘(3) before a court of competent jurisdiction, in
the presence of counsel, and after being advised of
the consequences of the decision, the applicant com-
petently and knowingly waives the right to pursue
habeas corpus relief under this chapter.
‘‘(c) If any one of the conditions in subsection (b)
has occurred, no Federal court thereafter shall have the
authority to enter a stay of execution unless the applicant
has filed a habeas corpus petition that satisfies, on its
face, section 2244(b) or section 2256. A stay granted pur-
suant to this subsection shall expire if, after the grant of
the stay, one of the conditions specified in subsection
(b)(2) or (3) occurs.’’ .
SEC. 303. LIMITS ON NEW RULES; STANDARD OF REVIEW.
(a) Chapter 153 of title 28, United States Code, is
amended by adding at the end the following:
‘‘§ 2257. Law applicable
‘‘(a) Except as provided in subsection (b), in a case
subject to this chapter, the court shall not announce or
apply a new rule to grant habeas corpus relief.
‘‘(b) A court considering a claim under this chapter
shall apply a new rule when—
‘‘(1) the new rule places a class of individual
conduct beyond the power of the criminal law-mak-
ing authority to proscribe, or prohibits the imposi-
tion of a certain type of punishment for a class of
persons because of their status or offense; or
‘‘(2) the new rule constitutes a watershed rule
of criminal procedure implicating the fundamental
fairness and accuracy of the criminal proceeding.
‘‘(c) As used in this section, a ‘new rule’ is a rule
that changes the constitutional or statutory standards
that prevailed at the time the petitioner’s conviction and
sentence became final on direct appeal.’’.
(b) Section 2254(a) of title 28, United States Code,
is amended by adding at the end the following:
‘‘Except as to Fourth Amendment claims con-
trolled by Stone v. Powell, 428 U.S. 465 (1976), the
Federal courts, in reviewing an application under
this section, shall review de novo the rulings of a
State court on matters of Federal law, including the
application of Federal law to facts, regardless of
whether the opportunity for a full and fair hearing
on such Federal questions has been provided in the
State court. In the case of a violation that can be
harmless, the State shall bear the burden of proving
harmlessness.’’.
SEC. 304. LIMITS ON SUCCESSIVE PETITIONS.
Section 2244(b) of title 28, United States Code, is
amended to read as follows:
‘‘(b)(1) A claim presented in a habeas corpus petition
that was not timely presented in a prior petition shall be
dismissed unless—
‘‘(A) the petitioner shows that—
‘‘(i) the failure to raise the claim pre-
viously was the result of interference by State
officials with the presentation of the claim, in
violation of the Constitution or laws of the
United States;
‘‘(ii) the claim relies on a new rule that is
applicable under section 2257 and was pre-
viously unavailable; or
‘‘(iii) the factual predicate for the claim
could not have been discovered previously
through the exercise of reasonable diligence;
and
‘‘(B) the facts underlying the claim, if proven
and viewed in light of the evidence as a whole, would
be sufficient to—
‘‘(i) undermine the court’s confidence in
the factfinder’s determination of the applicant’s
guilt of the offense or offenses for which the
sentence was imposed; or
‘‘(ii) demonstrate that no reasonable sen-
tencing authority would have found an aggra-
vating circumstance or other condition of eligi-
bility for a capital or non-capital sentence, or
otherwise would have imposed a sentence of
death.
‘‘(2) Notwithstanding other matters pending before
the court, claims for relief under this subsection from a
case wherein a sentence of death was imposed shall receive
a prompt review in a manner consistent with the interests
of justice.’’.
SEC. 305. CERTIFICATES OF PROBABLE CAUSE.
The third paragraph of section 2253 of title 28,
United States Code, is amended by adding at the end the
following: ‘‘However, an applicant under sentence of death
shall have a right of appeal without a certificate of prob-
able cause, except after denial of a habeas corpus petition
filed under section 2244(b).’’.
SEC. 306. PROVISION OF COUNSEL.
(a) IN GENERAL.—Chapter 153 of title 28, United
States Code, is amended by adding at the end the follow-
ing:
‘‘§ 2258. Counsel in capital cases; State court
‘‘(a) COUNSEL.—A State in which a sentence of
death may be imposed under State law shall provide legal
services to—
‘‘(1) indigents charged with offenses for which
capital punishment is sought;
‘‘(2) indigents who have been sentenced to
death and who seek appellate, post-conviction, or
unitary review in State court; and
‘‘(3) indigents who have been sentenced to
death and who seek certiorari review of State court
judgments in the United States Supreme Court.
The provisions of this section shall not apply or form a
basis for relief to non-indigents.
‘‘(b) COUNSEL AUTHORITY.—
‘‘(1) A State in which a sentence of death may
be imposed under State law shall, within 180 days
after the date of enactment of this subsection, estab-
lish a State counsel authority which shall recruit,
train, monitor, and support attorneys involved at all
stages of capital litigation. The authority shall be
comprised of members of the bar with substantial
experience in, or commitment to, the representation
of criminal defendants in capital cases, and shall be
comprised of a balanced representation from each
segment of the State’s criminal defense bar, such as
a statewide defender organization, a capital case re-
source center, local public defender’s offices and pri-
vate attorneys involved in criminal trial, appellate,
post-conviction or unitary review practice.
‘‘(2) If a State fails to establish a counsel au-
thority within 180 days after the date of enactment
of this subsection, a private cause of action may be
brought in Federal district court to enforce this pro-
vision by any aggrieved party, including a defendant
eligible for appointed representation under this sec-
tion or a member of an organization eligible for rep-
resentation on the counsel authority. If the court
finds that the State has failed to establish a counsel
authority as required by this subsection, the court
shall grant appropriate injunctive and declaratory
relief. The court shall grant no relief that obstructs
the prosecution of State criminal proceedings at any
stage.
‘‘(c) DUTIES OF AUTHORITY.—The counsel authority
shall—
‘‘(1) establish and publish standards governing
the qualification of counsel, which shall include—
‘‘(A) knowledge and understanding of per-
tinent legal authorities regarding issues in cap-
ital cases;
‘‘(B) skills in the conduct of negotiations
and litigation in capital cases, the investigation
of capital cases and the psychiatric history and
current condition of capital clients, and the
preparation and writing of legal papers in cap-
ital cases;
‘‘(C) the minimum qualifications required
by subsection (d); and
‘‘(D) any additional qualifications relevant
to the representation of capital defendants;
‘‘(2) establish application and certification pro-
cedures for attorneys who possess the qualifications
established pursuant to paragraph (1);
‘‘(3) establish application and certification pro-
cedures for attorneys who do not possess all the
qualifications established pursuant to paragraph (1)
but who possess, in addition to the minimum quali-
fications required by subsection (d), additional re-
sources (such as an affiliation with a publicly funded
defender organization) and experience which enable
them to provide quality legal representation com-
parable to that of an attorney possessing the quali-
fications established pursuant to paragraph (1);
‘‘(4) establish application and certification pro-
cedures, to be used on a case by case basis, for at-
torneys who do not necessarily possess the minimum
qualifications required by subsection (d), but who
possess other extraordinary experience and resources
which enable them to provide quality legal represen-
tation comparable to that of an attorney possessing
the qualifications established pursuant to paragraph
(1);
‘‘(5) publish a current roster of attorneys cer-
tified pursuant to paragraph (2) or (3) to be ap-
pointed in capital cases;
‘‘(6) promptly designate a defense team for the
relevant stage of proceedings, upon receiving notice
from the relevant State court pursuant to subsection
(e)(1);
‘‘(7) consult with the highest State court having
jurisdiction over criminal matters regarding a sched-
ule of hourly rates, periodically publish such sched-
ule as established by such court, assist counsel with
obtaining investigative and expert assistance, and
publish rules governing the authority’s review and
certification for payment of reasonable fees and ex-
penses;
‘‘(8) establish and publish standards governing
the performance of counsel in capital cases, includ-
ing standards which proscribe abusive practices and
mandate sound practices in order to further the fair
and orderly administration of justice;
‘‘(9) monitor the performance of attorneys cer-
tified pursuant to this subsection; and
‘‘(10) delete from the roster any attorney who
fails to meet the qualification or performance stand-
ards established pursuant to this subsection.
‘‘(d) MINIMUM COUNSEL STANDARDS.—All counsel
certified pursuant to paragraph (2) or (3) of subsection
(c) or appointed pursuant to subsection (f) shall possess,
in addition to any qualifications required by State or local
law, the following minimum qualifications:
‘‘(1) Familiarity with the performance stand-
ards established by the counsel authority.
‘‘(2) Familiarity with the appropriate court sys-
tem, including the procedural rules regarding timeli-
ness of filings and procedural default.
‘‘(3) In the case of counsel appointed for the
trial or sentencing stages, at least two of the quali-
fications listed in subparagraph (A) and one of the
qualifications listed in subparagraph (B), or one of
the alternative qualifications listed in subparagraph
(C):
‘‘(A) Qualifying trial experience (must
have two): Prior experience within the last 10
years as—
‘‘(i) lead or sole counsel in 12 jury
trials, of which no fewer than five were
criminal jury trials;
‘‘(ii) lead or sole counsel in three
criminal jury trials in which the charge
was murder or aggravated murder;
‘‘(iii) co-counsel in five criminal jury
trials in which the charge was murder or
aggravated murder; or
‘‘(iv) lead or sole counsel in no fewer
than five criminal jury trials involving
crimes of violence against persons, punish-
able by imprisonment of over one year;
which were tried to a verdict or to a deadlocked
jury.
‘‘(B) Qualifying capital trial experience
(must have one):
‘‘(i) lead or sole counsel within the
last five years in the trial of at least one
capital case which was tried through sen-
tencing;
‘‘(ii) co-counsel in the trial of no fewer
than two capital cases (one of which oc-
curred within the last five years) which
were tried through sentencing; or
‘‘(iii) successful completion within the
preceding two years of a training program
in capital trial litigation that has been cer-
tified by the counsel authority or, if the
authority has not certified a program, suc-
cessful completion of an at least 12-hour
training program in capital trial litigation
for 
which 
continuing 
legal 
education
(CLE) credit is available, and which the
CLE authority in the State has certified as
comporting with the objectives and require-
ments of this section.
‘‘(C) Alternative qualifying experience for
trial: Notwithstanding subparagraphs (A) and
(B), an attorney shall be eligible for certifi-
cation pursuant to paragraph (2) or (3) of sub-
section (c) or appointment pursuant to sub-
section (f) if the attorney—
‘‘(i) has participated in three evi-
dentiary hearings and has been employed
for more than one year by a capital re-
source center, a unit or its equivalent that
specializes in capital cases within a public
defender office, or a public interest law of-
fice specializing in capital litigation; or
(ii) has been certified by the State
capital litigation resource center as com-
petent to be assigned to a capital trial.
‘‘(4) In the case of counsel appointed for appel-
late or unitary review, at least one of the qualifica-
tions listed in subparagraph (A) and one of the
qualifications listed in subparagraph (B), or one of
the alternative qualifications listed in subparagraph
(C):
‘‘(A) Qualifying appellate experience (must
have one): Prior experience within the past 5
years as—
‘‘(i) lead or sole counsel in no fewer
than 10 appeals, of which no fewer than
five were criminal appeals;
‘‘(ii) lead or sole counsel in no fewer
than six criminal felony appeals; or
‘‘(iii) lead or sole counsel in three
criminal felony appeals, at least one of
which was an appeal of a murder or aggra-
vated murder conviction;
which were fully briefed.
‘‘(B) Qualifying capital appellate experi-
ence (must have one):
‘‘(i) lead or sole counsel within the
last five years in the appeal or unitary re-
view of at least one capital case;
‘‘(ii) co-counsel in the appeal or uni-
tary review of no fewer than two capital
cases, one of which occurred within the
last five years;
‘‘(iii) successful completion within the
preceding two years of a training program
in the litigation of capital appeals that has
been certified by the counsel authority or,
if the authority has not certified a pro-
gram, successful completion of an at least
12-hour training program in capital litiga-
tion with a focus on appeals for which con-
tinuing legal education (CLE) credit is
available, and which the CLE authority in
the State has certified as comporting with
the objectives and the requirements of this
section.
‘‘(C) Alternative qualifying experience for
appeals: Notwithstanding subparagraphs (A)
and (B), an attorney shall be eligible for certifi-
cation pursuant to paragraph (2) or (3) of sub-
section (c) or for appointment pursuant to sub-
section (f) if the attorney—
‘‘(i) has been employed for more than
one year by a capital resource center, a
unit or its equivalent that specializes in
capital cases within a public defender of-
fice, or a public interest law office special-
izing in capital litigation; or
‘‘(ii) has been certified by the State
capital litigation resource center as com-
petent to be assigned to a capital appeal.
‘‘(5) In the case of counsel appointed for post-
conviction proceedings, at least two of the qualifica-
tions listed in subparagraph (A) and at least one of
the qualifications listed in subparagraph (B), or one
of alternative qualifications listed in subparagraph
(C):
‘‘(A) Qualifying post-conviction experience
(must have two): Prior experience within the
past 10 years as—
‘‘(i) lead or sole counsel in no fewer
than 3 post-conviction proceedings;
‘‘(ii) co-counsel in no fewer than 5
post-conviction proceedings;
‘‘(iii) one of the trial qualifications
listed in paragraph (3)(A); or
‘‘(iv) one of the appellate qualifica-
tions listed in paragraph (4)(A).
‘‘(B) Qualifying capital post-conviction ex-
perience (must have one):
‘‘(i) lead or sole counsel within the
last five years in the trial (through sen-
tencing), appeal or post-conviction review
of at least one capital case;
‘‘(ii) co-counsel in the trial (through
sentencing), appeal or post-conviction re-
view of no fewer than two capital cases,
one of which occurred within the last five
years; or
‘‘(iii) successful completion during the
preceding two years of a training program
in the litigation of capital post-conviction
proceedings that has been certified by the
counsel authority or, if the authority has
not certified a program, successful comple-
tion of an at least 12-hour training pro-
gram in capital litigation with a focus on
post-conviction proceedings for which con-
tinuing legal education (CLE) credit is
available, and which the CLE authority in
the State has certified as comporting with
the objectives and requirements of this sec-
tion.
‘‘(C) Alternative qualifying experience for
post-conviction proceedings: Notwithstanding
subparagraphs (A) and (B), an attorney shall
be eligible for certification pursuant to para-
graph (2) or (3) of subsection (c) or appoint-
ment pursuant to subsection (f) if the attor-
ney—
‘‘(i) has participated in three evi-
dentiary hearings and has been employed
for more than one year by a capital litiga-
tion resource center, by a unit or its equiv-
alent that specializes in capital cases with-
in a public defender office, or by a public
interest law office specializing in capital
litigation; or
‘‘(ii) has been certified by the State
capital litigation resource center as com-
petent to be assigned to a capital post-con-
viction proceeding.
‘‘(e) APPOINTMENT OF CERTIFIED COUNSEL.—
‘‘(1) The relevant State court shall notify the
counsel authority promptly whenever it is to preside
over a capital proceeding involving an indigent cap-
ital defendant, appellant, or petitioner. The counsel
authority shall designate a defense team as de-
scribed in paragraph (2) within 15 days after receiv-
ing such notice. If the counsel authority designates
a defense team within 15 days after receiving such
notice, the court shall appoint at least two of the
designated attorneys.
‘‘(2) If the counsel authority fails to designate
a defense team within 15 days after receiving the
notice required by paragraph (1), the State court
shall appoint at least two attorneys to represent an
indigent at trial, on appeal, and in State post-convic-
tion proceedings, including—
‘‘(A) a lead counsel who is on the roster
published pursuant to subsection (c)(5);
‘‘(B) a defender organization or resource
center which shall designate appropriate attor-
neys affiliated with the organization, including
a lead counsel who is on the roster published
pursuant to subsection (c)(5); or
‘‘(C) a lead counsel certified pursuant to
subsection (c)(4).
‘‘(3) Upon a showing of reasonable need, the
relevant State court shall appoint additional counsel
as designated by the counsel authority unless it finds
such appointment to be unnecessary and unreason-
able. The court may appoint additional attorneys not
designated by the counsel authority upon a showing
of reasonable need.
‘‘(f) If there is no roster of attorneys published pur-
suant to subsection (c)(5), if no attorney on the roster
can accept the appointment, if no attorney certified pursu-
ant to subsection (c)(4) has been appointed, and if the
counsel authority fails to designate a defense team pursu-
ant to subsection (e)(1), the State court shall appoint at
least 2 attorneys to represent an indigent at trial, on ap-
peal, and in State post-conviction proceedings, including—
‘‘(1) a lead counsel who possesses the minimum
qualifications required by subsection (d); or
‘‘(2) a defender organization or resource center
which shall designate appropriate attorneys affiliated
with the organization, including a lead counsel who
possesses the qualifications required by subsection
(d).
No attorney shall be appointed pursuant to this subsection
unless the State court has first conducted an evidentiary
hearing on the record wherein the court determines, after
the lawyer gives sworn testimony and presents documen-
tary proof that the lawyer possesses each of the qualifica-
tions required by subsection (d), that the lawyer possesses
the requisite qualifications. In making its determination,
the Court shall, as to each qualification required by sub-
section (d), make a specific finding on the record that the
attorney possesses the qualification.
‘‘(g) No lawyer may be denied certification pursuant
to paragraph (2) or (3) of subsection (c) or appointment
pursuant to subsection (f) solely because of prior employ-
ment as a prosecutor.
‘‘(h) If the counsel authority fails to designate a de-
fense team pursuant to subsection (e)(1), the State court
shall, prior to appointing counsel pursuant to subsection
(e)(2) or (f), inquire as to whether counsel maintains a
workload which, by reason of its excessive size, will inter-
fere with the rendering of quality representation or create
a substantial risk of a breach of professional obligations.
‘‘(i) If an individual entitled to an appointment of
counsel declines to accept an appointment, the State court
shall conduct, or cause to be conducted, a hearing, at
which the individual and counsel proposed to be appointed
shall be present, to determine the individual’s competence
to decline the appointment, and whether the individual has
competently and knowingly declined it.
‘‘(j) If a State court fails to appoint counsel in a pro-
ceeding specified in subsection (a), or if a State court in
a proceeding described in subsection (a)—
‘‘(1) fails to appoint the number of counsel re-
quired in subsection (e); or
‘‘(2) appoints counsel whose name is not on the
roster published pursuant to (c)(5); or
‘‘(3) appoints counsel who has failed to present
a certification issued pursuant to (c)(4); or
‘‘(4) when subsection (f) applies, fails to hold
the hearing, receive the requisite testimony and
proof, or make the determination required by sub-
section (f); or
‘‘(5) fails to appoint at least two members of
the defense team designated by the counsel authority
pursuant to subsection (e)(1)—
a Federal court, in a proceeding under this chapter, shall
neither presume findings of fact made at such proceeding
to be correct nor decline to consider a claim on the ground
that it was not raised in such proceeding at the time or
in the manner prescribed by State law.
‘‘(k) No attorney appointed to represent an indigent
in State post-conviction proceedings shall have previously
represented the indigent at trial or on direct appeal in the
case for which the appointment is made, unless the indi-
gent and attorney expressly request continued representa-
tion.
‘‘(l)(1) Notwithstanding the rates and maximum lim-
its generally applicable to criminal cases and any other
provision of law to the contrary, and after consultation
with the counsel authority, the highest State court with
jurisdiction over criminal cases shall, at least once every
two years, after notice and comment, establish a schedule
of hourly rates for the compensation of attorneys ap-
pointed pursuant to this section that are reasonable in
light of the qualifications of attorneys appointed and the
local practices for legal representation in cases reflecting
the complexity and responsibility of capital cases. Attor-
neys appointed pursuant to this section shall submit their
request for fees and expenses to the counsel authority, on
an interim basis or at the conclusion of the proceeding.
The authority shall certify for payment by the court com-
pensation for hours the attorneys reasonably expended on
the case and for reasonable expenses paid for investigative,
expert, and other reasonably necessary services. The rel-
evant State court, within forty-five days after receipt from
the authority, shall order payment in the amount certified
by the authority, unless it determines that an expenditure
was unreasonably incurred. Final review of disputes over
fees may be sought in the highest State court having juris-
diction over criminal cases by counsel appointed pursuant
to this section.
‘‘(2) Any aggrieved party may bring a private cause
of action in Federal district court to enforce the provisions
of this subsection for the establishment of a schedule of
reasonable hourly rates for the compensation of attorneys
appointed pursuant to this section. In such an action, the
Federal court shall decide whether the hourly rates as
scheduled by the State court are reasonable consistent
with the criteria set forth in this subsection. If the court
determines that the hourly rates as scheduled are not rea-
sonable, or if no schedule of rates has been established,
the court shall grant appropriate injunctive or declaratory
relief. The court shall grant no relief that obstructs the
prosecution of State criminal proceedings at any stage.
‘‘(m) The ineffectiveness or incompetence of counsel
appointed pursuant to this section during State or Federal
post-conviction proceedings shall not be a ground for relief
in a proceeding arising under section 2254 of this title.
This limitation shall not preclude the appointment of dif-
ferent counsel at any phase of State or Federal post-con-
viction proceedings.
‘‘(n) Nothing in this section changes the constitu-
tional standard governing claims of ineffective assistance
of counsel pursuant to the sixth amendment to the Con-
stitution of the United States. A determination of non-
compliance with this section (as opposed to the facts which
support such a determination) shall not provide a basis
for a claim of constitutionally ineffective assistance of
counsel.
‘‘(o) The requirements of this section shall apply to
any appointment of counsel made after the effective date
of subsection (a) in any trial, direct appeal or unitary re-
view of a capital indigent. Counsel shall be appointed as
provided in this section in any post-conviction proceeding
commenced after the effective date of subsection (a). In
no case shall counsel appointed for a proceeding com-
menced before the effective date of subsection (a) be sub-
ject to the requirements of this section, nor shall any per-
son whose counsel was appointed for any trial, appeal,
post-conviction or unitary review before the effective date
of subsection (a) be entitled to any relief, including appli-
cation of subsection (j) of this section, based on a claim
that counsel was not appointed in conformity with sub-
section (e) or (f) of this section.’’.
SEC. 307. CAPITAL LITIGATION FUNDING.
(a) 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 title, 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.’’.
(b) GRANTS FOR STATE COUNSEL.—
(1) Title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.)
is amended—
(i) by redesignating part R as part S;
(ii) by redesignating section 1801 as section
1901; and
(iii) by inserting after part Q the following new
part:
‘‘PART R—GRANTS FOR STATE COUNSEL
‘‘SEC. 1801. GRANT AUTHORIZATION.
‘‘The Director of the Bureau of Justice Assistance
shall make grants to States from amounts appropriated
to carry out this part for the use by States and by local
entities in the States to comply with section 2258 of title
28, United States Code.
‘‘SEC. 1802. STATE APPLICATIONS.
‘‘(a) IN GENERAL.—(1) To request a grant under
this part, the chief executive of a State shall submit an
application to the Director in such form and containing
such information as the Director may reasonably require.
‘‘(2) An application under paragraph (1) shall include
assurances that Federal funds received under this part
shall be used to supplement, not supplant, non-Federal
funds that would otherwise be available for activities fund-
ed under this part.
‘‘(b) STATE OFFICE.—The office designated under
section 507 of title 1—
‘‘(1) shall prepare the application required
under this section; and
‘‘(2) shall administer grant funds received
under this part, including review of spending, proc-
essing, progress, financial reporting, technical assist-
ance, grant adjustments, accounting, auditing, and
fund disbursement.
‘‘SEC. 1803. REVIEW OF STATE APPLICATIONS.
‘‘(a) IN GENERAL.—The Director shall make a grant
under section 1801 to carry out the activities described
in the application submitted by an applicant under section
1802 upon determining that—
‘‘(1) the application is consistent with the re-
quirements of this part; and
‘‘(2) before the approval of the application, the
Director has made an affirmative finding in writing
that the proposed activities have been reviewed in
accordance with this part.
‘‘(b) APPROVAL.—Each application submitted under
section 1802 shall be considered approved, in whole or in
part, by the Director not later than 45 days after first
received unless the Director informs the applicant of spe-
cific reasons for disapproval.
‘‘(c) DISAPPROVAL
NOTICE
AND
RECONSIDER-
ATION.—The Director shall not disapprove any application
without first affording the applicant reasonable notice and
an opportunity for reconsideration.
‘‘SEC. 1804. DISTRIBUTION OF FUNDS.
‘‘The Federal share of a grant made under this part
may not exceed—
‘‘(1) 75 percent of the cost of carrying out a
State’s programs under this part for each of the fis-
cal years 1994, 1995, and 1996; and
‘‘(2) 50 percent of such cost for any subsequent
fiscal year.
‘‘SEC. 1805. EVALUATION.
‘‘(a) IN GENERAL.—(1) Each State that receives a
grant under this part shall submit to the Director an eval-
uation not later than March 1 of each year in accordance
with guidelines issued by the Director.
‘‘(2) The Director may waive the requirement speci-
fied in subsection (a) if the Director determines that such
evaluation is not warranted in the case of the State in-
volved.
‘‘(b) DISTRIBUTION.—The Director shall make avail-
able to the public, on a timely basis, evaluations received
under subsection (a).
‘‘(c) ADMINISTRATIVE COSTS.—A State or local en-
tity may use not more than 5 percent of the funds it re-
ceives under this part to develop an evaluation program
under this section.’’.
(2) TECHNICAL AMENDMENT.—The table of contents
of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3711 et seq.) is amended by strik-
ing the matter relating to part R and inserting the follow-
ing:
‘‘PART R—GRANTS FOR STATE COUNSEL.
‘‘Sec. 1801. Grant authorization.
‘‘Sec. 1802. State applications.
‘‘Sec. 1803. Review of State applications.
‘‘Sec. 1804. Distribution of funds.
‘‘Sec. 1805. Evaluation.
(3) AUTHORIZATION OF APPROPRIATIONS.—Section
1001(a) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by
adding at the end the following new paragraph.
‘‘(12) There are authorized to be appropriated
such sums as may be necessary in each fiscal year
to carry out activities under Part R.’’.
SEC. 308. CERTIFICATION OF COMPLIANCE.
Subpart I of part E of title I of the Omnibus Crime
Control and Safe Streets Act of 1968, as amended, is
amended at the end by adding the following section:
‘‘In any application for a grant under this subpart,
a State in which a sentence of death may be imposed shall
certify whether it will comply with the provisions of section
2258 of title 28, United States Code. If the State elects
not to certify that it will comply with the provisions of
such section, the amount of funds which the State is eligi-
ble to receive under this subpart shall be reduced by 75
percent. If the State certifies that it will comply with the
provisions of section 2258 of title 28, United States Code,
the amount of funds which the State is eligible to receive
under this subpart shall not be reduced by virtue of any
failure or alleged failure to carry out any of the require-
ments of section 2258 of title 28, United States Code. The
sole enforcement mechanisms for the requirements set
forth in section 2258 of title 28, United States Code, shall
be those provided in that section, to which the State shall
be deemed to have consented by certifying that it will com-
ply with the provisions of section 2258 of title 28, United
States Code.’’.
SEC. 309. TABLE OF SECTIONS.
The table of sections at the beginning of chapter 153
of title 28, United States Code, is amended—
(1) by conforming the entry for Sec. 2242 in accord-
ance with Sec. 302 of this title; and
(2) by adding at the end the following:
‘‘2256. Capital cases; new evidence.
‘‘2257. Law applicable.
‘‘2258. Counsel in capital cases; State court.’’.
SEC. 310. EFFECTIVE DATE.
(a) Except as provided in subsection (b), this title
shall take effect 180 days after the date of the enactment
of this Act.
(b) Section 2258(b) of title 28, United States Code,
as added by section 306, shall take effect on the date of
the enactment of this Act.
TITLE IV—COERCED
CONFESSIONS
SEC. 401. COERCED CONFESSIONS.
The admission into evidence of a coerced confession
shall not be considered harmless error. If, in any proceed-
ing, a Federal court determines that a criminal judgment
was obtained in violation of the Constitution of the United
States, the court shall grant relief unless, in the case of
a Constitutional violation that can be harmless, the viola-
tion was harmless beyond a reasonable doubt. For the pur-
poses of this section, a confession is coerced if it is elicited
involuntarily in violation of the fifth or fourteenth articles
of amendment to the Constitution of the United States.
TITLE V—FIREARMS
Subtitle A—Brady Handgun
Violence Prevention Act
SEC. 501. FEDERAL FIREARMS LICENSEE REQUIRED TO
CONDUCT CRIMINAL BACKGROUND CHECK
BEFORE 
TRANSFER 
OF 
FIREARM 
TO
NONLICENSEE.
(a) INTERIM PROVISION.—
(1) IN
GENERAL.—Section 922 of title 18,
United States Code, is amended by adding at the
end the following:
‘‘(s)(1) Beginning on the date that is 90 days after
the date of enactment of this subsection and ending on
the day before the date that the Attorney General certifies
under section 502(d)(1) of the Violent Crime Control and
Law Enforcement Act of 1993 that the national instant
criminal background check system is established (except
as provided in paragraphs (2) and (3) of such section),
it shall be unlawful for any licensed importer, licensed
manufacturer, or licensed dealer to sell, deliver, or transfer
a handgun to an individual who is not licensed under sec-
tion 923, unless—
‘‘(A) after the most recent proposal of such
transfer by the transferee—
‘‘(i) the transferor has—
‘‘(I) received from the transferee a
statement of the transferee containing the
information described in paragraph (3);
‘‘(II) verified the identity of the trans-
feree by examining the identification docu-
ment presented;
‘‘(III) within 1 day after the trans-
feree furnishes the statement, provided no-
tice of the contents of the statement to the
chief law enforcement officer of the place
of residence of the transferee; and
‘‘(IV) within 1 day after the trans-
feree furnishes the statement, transmitted
a copy of the statement to the chief law
enforcement officer of the place of resi-
dence of the transferee; and
‘‘(ii)(I) 5 business days (as defined by days
in which State offices are open) have elapsed
from the date the transferor furnished notice of
the contents of the statement to the chief law
enforcement officer, during which period the
transferor has not received information from
the chief law enforcement officer that receipt or
possession of the handgun by the transferee
would be in violation of Federal, State, or local
law; or
‘‘(II) the transferor has received notice
from the chief law enforcement officer that the
officer has no information indicating that re-
ceipt or possession of the handgun by the trans-
feree would violate Federal, State, or local law;
‘‘(B) the transferee has presented to the trans-
feror a written statement, issued by the chief law en-
forcement officer of the place of residence of the
transferee during the 10-day period ending on the
date of the most recent proposal of such transfer by
the transferee, stating that the transferee requires
access to a handgun because of a threat to the life
of the transferee or of any member of the household
of the transferee;
‘‘(C)(i) the transferee has presented to the
transferor a permit that—
‘‘(I) allows the transferee to possess a
handgun; and
‘‘(II) was issued not more than 5 years
earlier by the State in which the transfer is to
take place; and
‘‘(ii) the law of the State provides that such a
permit is to be issued only after an authorized gov-
ernment official has verified that the information
available to such official does not indicate that pos-
session of a handgun by the transferee would be in
violation of law;
‘‘(D) the law of the State requires that, before
any licensed importer, licensed manufacturer, or li-
censed dealer completes the transfer of a handgun to
an individual who is not licensed under section 923,
an authorized government official verify that the in-
formation available to such official does not indicate
that possession of a handgun by the transferee
would be in violation of law, except that this sub-
paragraph shall not apply to a State that, on the
date of certification pursuant to section 502(d) of
the Violent Crime Control and Law Enforcement
Act of 1993, is not in compliance with the timetable
established pursuant to section 502(c) of such Act;
‘‘(E) the Secretary has approved the transfer
under section 5812 of the Internal Revenue Code of
1986; or
‘‘(F) on application of the transferor, the Sec-
retary has certified that compliance with subpara-
graph (A)(i)(III) is impracticable because—
‘‘(i) the ratio of the number of law enforce-
ment officers of the State in which the transfer
is to occur to the number of square miles of
land area of the State does not exceed 0.0025;
‘‘(ii) the business premises of the trans-
feror at which the transfer is to occur are ex-
tremely remote in relation to the chief law en-
forcement officer; and
‘‘(iii) there is an absence of telecommuni-
cations facilities in the geographical area in
which the business premises are located.
‘‘(2) A chief law enforcement officer to whom a trans-
feror has provided notice pursuant to paragraph
(1)(A)(i)(III) shall make a reasonable effort to ascertain
within 5 business days whether the transferee has a crimi-
nal record or whether there is any other legal impediment
to the transferee’s receiving a handgun, including research
in whatever State and local recordkeeping systems are
available and in a national system designated by the Attor-
ney General.
‘‘(3) The statement referred to in paragraph
(1)(A)(i)(I) shall contain only—
‘‘(A) the name, address, and date of birth ap-
pearing on a valid identification document (as de-
fined in section 1028(d)(1) of this title) of the trans-
feree containing a photograph of the transferee and
a description of the identification used;
‘‘(B) a statement that transferee—
‘‘(i) is not under indictment for, and has
not been convicted in any court of, a crime pun-
ishable by imprisonment for a term exceeding 1
year;
‘‘(ii) is not a fugitive from justice;
‘‘(iii) is not an unlawful user of or addicted
to any controlled substance (as defined in sec-
tion 102 of the Controlled Substances Act);
‘‘(iv) has not been adjudicated as a mental
defective or been committed to a mental institu-
tion;
‘‘(v) is not an alien who is illegally or un-
lawfully in the United States;
‘‘(vi) has not been discharged from the
Armed Forces under dishonorable conditions;
and
‘‘(vii) is not a person who, having been a
citizen of the United States, has renounced
such citizenship;
‘‘(C) the date the statement is made; and
‘‘(D) notice that the transferee intends to ob-
tain a handgun from the transferor.
‘‘(4) Any transferor of a handgun who, after such
transfer, receives a report from a chief law enforcement
officer containing information that receipt or possession
of the handgun by the transferee violates Federal, State,
or local law shall immediately communicate all information
the transferor has about the transfer and the transferee
to—
‘‘(A) the chief law enforcement officer of the
place of business of the transferor; and
‘‘(B) the chief law enforcement officer of the
place of residence of the transferee.
‘‘(5) Any transferor who receives information, not
otherwise available to the public, in a report under this
subsection shall not disclose such information except to
the transferee, to law enforcement authorities, or pursuant
to the direction of a court of law.
‘‘(6)(A) Any transferor who sells, delivers, or other-
wise transfers a handgun to a transferee shall retain the
copy of the statement of the transferee with respect to
the handgun transaction, and shall retain evidence that
the transferor has complied with subclauses (III) and (IV)
of paragraph (1)(A)(i) with respect to the statement.
‘‘(B) Unless the chief law enforcement officer to
whom a statement is transmitted under paragraph
(1)(A)(i)(IV) determines that a transaction would violate
Federal, State, or local law—
‘‘(i) the officer shall, within 20 business days
after the date the transferee made the statement on
the basis of which the notice was provided, destroy
the statement and any record containing information
derived from the statement;
‘‘(ii) the information contained in the statement
shall not be conveyed to any person except a person
who has a need to know in order to carry out this
subsection; and
‘‘(iii) the information contained in the state-
ment shall not be used for any purpose other than
to carry out this subsection.
‘‘(7) A chief law enforcement officer or other person
responsible for providing criminal history background in-
formation pursuant to this subsection shall not be liable
in an action at law for damages—
‘‘(A) for failure to prevent the sale or transfer
of a handgun to a person whose receipt or posses-
sion of the handgun is unlawful under this section;
or
‘‘(B) for preventing such a sale or transfer to
a person who may lawfully receive or possess a
handgun.
‘‘(8) For purposes of this subsection, the term ‘chief
law enforcement officer’ means the chief of police, the
sheriff, or an equivalent officer or the designee of any such
individual.
‘‘(9) The Secretary shall take necessary actions to en-
sure that the provisions of this subsection are published
and disseminated to licensed dealers, law enforcement offi-
cials, and the public.’’.
(2) HANDGUN
DEFINED.—Section 921(a) of
such title is amended by adding at the end the fol-
lowing:
‘‘(29) The term ‘handgun’ means—
‘‘(A) a firearm which has a short stock and is
designed to be held and fired by the use of a single
hand; and
‘‘(B) any combination of parts from which a
firearm described in subparagraph (A) can be as-
sembled.’’.
(b) PERMANENT PROVISION.—Section 922 of title
18, United States Code, as amended by subsection (a)(1)
of this section, is amended by adding at the end the follow-
ing:
‘‘(t)(1) Beginning on the date that the Attorney Gen-
eral certifies under section 502(d)(1) of the Violent Crime
Control and Law Enforcement Act of 1993 that the na-
tional instant criminal background check system is estab-
lished (except as provided in paragraphs (2) and (3) of
such section), a licensed importer, licensed manufacturer,
or licensed dealer shall not transfer a firearm to any other
person who is not such a licensee, unless—
‘‘(A) before the completion of the transfer, the
licensee contacts the national instant criminal back-
ground check system established under section 503
of such Act;
‘‘(B) the system notifies the licensee that the
system has not located any record that demonstrates
that the receipt of a firearm by such other person
would violate subsection (g) or (n) of this section or
any State or local law; and
‘‘(C) the transferor has verified the identity of
the transferee by examining a valid identification
document (as defined in section 1028(d)(1) of this
title) of the transferee containing a photograph of
the transferee.
‘‘(2) Paragraph (1) shall not apply to a firearm
transfer between a licensee and another person if—
‘‘(A)(i) such other person has presented to the
licensee a permit that—
‘‘(I) allows such other person to possess a
firearm; and
100
‘‘(II) was issued not more than 5 years
earlier by the State in which the transfer is to
take place; and
‘‘(ii) the law of the State provides that such a
permit is to be issued only after an authorized gov-
ernment official has verified that the information
available to such official does not indicate that pos-
session of a firearm by such other person would be
in violation of law;
‘‘(B) the Secretary has approved the transfer
under section 5812 of the Internal Revenue Code of
1986; or
‘‘(C) on application of the transferor, the Sec-
retary has certified that compliance with paragraph
(1)(A) is impracticable because—
‘‘(i) the ratio of the number of law enforce-
ment officers of the State in which the transfer
is to occur to the number of square miles of
land area of the State does not exceed 0.0025;
‘‘(ii) the business premises of the licensee
at which the transfer is to occur are extremely
remote in relation to the chief law enforcement
officer (as defined in subsection (u)(8)); and
101
‘‘(iii) there is an absence of telecommuni-
cations facilities in the geographical area in
which the business premises are located.
‘‘(3) If the national instant criminal background
check system notifies the licensee that the information
available to the system does not demonstrate that the re-
ceipt of a firearm by such other person would violate sub-
section (g) or (n), and the licensee transfers a firearm to
such other person, the licensee shall include in the record
of the transfer the unique identification number provided
by the system with respect to the transfer.
‘‘(4) In addition to the authority provided under sec-
tion 923(e), if the licensee knowingly transfers a firearm
to such other person and knowingly fails to comply with
paragraph (1) of this subsection with respect to the trans-
fer and, at the time such other person most recently pro-
posed the transfer, the national instant criminal back-
ground check system was operating and information was
available to the system demonstrating that receipt of a
firearm by such other person would violate subsection (g)
or (n) of this section, the Secretary may, after notice and
opportunity for a hearing, suspend for not more than 6
months or revoke any license issued to the licensee under
section 923, and may impose on the licensee a civil fine
of not more than $5,000.
102
‘‘(5) Neither a local government nor an employee of
the Federal Government or of any State or local govern-
ment, responsible for providing information to the national
instant criminal background check system shall be liable
in an action at law for damages—
‘‘(A) for failure to prevent the sale or transfer
of a handgun to a person whose receipt or posses-
sion of the handgun is unlawful under this section;
or
‘‘(B) for preventing such a sale or transfer to
a person who may lawfully receive or possess a
handgun.’’.
(c) PENALTY.—Section 924(a) of title 18, United
States Code, is amended—
(1) in paragraph (1), by striking ‘‘paragraph
(2) or (3) of’’; and
(2) by adding at the end the following:
‘‘(5) Whoever knowingly violates subsection (s) or (t)
of section 922 shall be fined not more than $1,000, impris-
oned for not more than 1 year, or both.’’.
SEC. 502. NATIONAL INSTANT CRIMINAL BACKGROUND
CHECK SYSTEM.
(a) ESTABLISHMENT
OF SYSTEM.—The Attorney
General of the United States shall establish a national in-
stant criminal background check system that any licensee
103
may contact for information on whether receipt of a fire-
arm by a prospective transferee thereof would violate sub-
section (g) or (n) of section 922 of title 18, United States
Code, or any State or local law.
(b) EXPEDITED ACTION BY THE ATTORNEY GEN-
ERAL.—The Attorney General shall expedite—
(1) the upgrading and indexing of State crimi-
nal history records in the Federal criminal records
system maintained by the Federal Bureau of Inves-
tigation;
(2) the development of hardware and software
systems to link State criminal history check systems
into the national instant criminal background check
system established by the Attorney General pursuant
to this section; and
(3) the current revitalization initiatives by the
Federal Bureau of Investigation for technologically
advanced fingerprint and criminal records identifica-
tion.
(c) PROVISION OF STATE CRIMINAL RECORDS TO
THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK
SYSTEM.—(1) Not later than 6 months after the date of
enactment of this Act, the Attorney General shall—
(A) determine the type of computer hardware
and software that will be used to operate the na-
104
tional instant criminal background check system and
the means by which State criminal records systems
will communicate with the national system;
(B) investigate the criminal records system of
each State and determine for each State a timetable
by which the State should be able to provide crimi-
nal records on an on line capacity basis to the na-
tional system;
(C) notify each State of the determinations
made pursuant to subparagraphs (A) and (B).
(2) The Attorney General shall require as a part of
the State timetable that the State achieve, by the end of
5 years after the date of enactment of this Act, at least
80 percent currency of case dispositions in computerized
criminal history files for all cases in which there has been
an event of activity within the last 5 years and continue
to maintain such a system.
(d) NATIONAL SYSTEM CERTIFICATION.—(1) On the
date that is 30 months after the date of enactment of this
Act, and at any time thereafter, the Attorney General shall
determine whether—
(A) the national system has achieved at least
80 percent currency of case dispositions in comput-
erized criminal history files for all cases in which
105
there has been an event of activity within the last
5 years on a national average basis; and
(B) the States are in compliance with the time-
table established pursuant to subsection (c),
and, if so, shall certify that the national system is estab-
lished.
(2) If, on the date of certification in paragraph (1)
of this subsection, a State is not in compliance with the
timetable established pursuant to subsection (c) of this
section, section 922(s) of title 18, United States Code,
shall remain in effect in such State and section 922(t) of
such title shall not apply to the State. The Attorney Gen-
eral shall certify if a State subject to the provisions of
section 922(s) under the preceding sentence achieves com-
pliance with its timetable after the date of certification
in paragraph (1) of this subsection, and section 922(s) of
title 18, United States Code, shall not apply to such State
and section 922(t) of such title shall apply to the State.
(3) Six years after the date of enactment of this Act,
the Attorney General shall certify whether or not a State
is in compliance with subsection (c)(2) of this section and
if the State is not in compliance, section 922(s) of title
18, United States Code, shall apply to the State and sec-
tion 922(t) of such title shall not apply to the State. The
Attorney General shall certify if a State subject to the pro-
106
visions of section 922(s) under the preceding sentence
achieves compliance with the standards in subsection
(c)(2) of this section, and section 922(s) of title 18, United
States Code, shall not apply to the State and section
922(t) of such title shall apply to the State.
(e) NOTIFICATION
OF LICENSEES.—On establish-
ment of the system under this section, the Attorney Gen-
eral shall notify each licensee and the chief law enforce-
ment officer of each State of the existence and purpose
of the system and the means to be used to contact the
system.
(f) ADMINISTRATIVE PROVISIONS.—
(1) AUTHORITY TO OBTAIN OFFICIAL INFORMA-
TION.—Notwithstanding any other law, the Attorney
General may secure directly from any department or
agency of the United States such information on
persons for whom receipt of a firearm would violate
subsection (g) or (n) of section 922 of title 18, Unit-
ed States Code, or any State or local law, as is nec-
essary to enable the system to operate in accordance
with this section. On request of the Attorney Gen-
eral, the head of such department or agency shall
furnish such information to the system.
(2) OTHER AUTHORITY.—The Attorney General
shall develop such computer software, design and ob-
107
tain such telecommunications and computer hard-
ware, and employ such personnel, as are necessary
to establish and operate the system in accordance
with this section.
(g) CORRECTION OF ERRONEOUS SYSTEM INFORMA-
TION.—If the system established under this section in-
forms an individual contacting the system that receipt of
a firearm by a prospective transferee would violate sub-
section (g) or (n) of section 922 of title 18, United States
Code, or any State or local law, the prospective transferee
may request the Attorney General to provide the prospec-
tive transferee with the reasons therefor. Upon receipt of
such a request, the Attorney General shall immediately
comply with the request. The prospective transferee may
submit to the Attorney General information that to cor-
rect, clarify, or supplement records of the system with re-
spect to the prospective transferee. After receipt of such
information, the Attorney General shall immediately con-
sider the information, investigate the matter further, and
correct all erroneous Federal records relating to the pro-
spective transferee and give notice of the error to any Fed-
eral department or agency or any State that was the
source of such erroneous records.
(h) REGULATIONS.—After 90 days notice to the pub-
lic and an opportunity for hearing by interested parties,
108
the Attorney General shall prescribe regulations to ensure
the privacy and security of the information of the system
established under this section.
(i) PROHIBITIONS RELATING TO ESTABLISHMENT OF
REGISTRATION SYSTEMS WITH RESPECT TO FIREARMS.—
No department, agency, officer, or employee of the United
States may—
(1) require that any record or portion thereof
maintained by the system established under this sec-
tion be recorded at or transferred to a facility
owned, managed, or controlled by the United States
or any State or political subdivision thereof; or
(2) use the system established under this sec-
tion to establish any system for the registration of
firearms, firearm owners, or firearm transactions or
dispositions, except with respect to persons prohib-
ited by section 922(g) or (n) of title 18, United
States Code, from receiving a firearm.
(j) DEFINITIONS.—As used in this section:
(1) LICENSEE.—The term ‘‘licensee’’ means a
licensed importer, licensed manufacturer, or licensed
dealer under section 923 of title 18, United States
Code.
(2) OTHER TERMS.—The terms ‘‘firearm’’, ‘‘li-
censed importer’’, ‘‘licensed manufacturer’’, and ‘‘li-
109
censed dealer’’ have the meanings stated in section
921(a) (3), (9), (10), and (11), respectively, of title
18, United States Code.
SEC. 503. FUNDING FOR IMPROVEMENT OF CRIMINAL
RECORDS.
(a) IMPROVEMENTS IN STATE RECORDS.—
(1) USE OF FORMULA GRANTS.—Section 509(b)
of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3759(b)) is amend-
ed—
(A) in paragraph (2) by striking ‘‘and’’
after the semicolon;
(B) in paragraph (3) by striking the period
and inserting ‘‘; and’’; and
(C) by adding at the end the following new
paragraph:
‘‘(4) the improvement of State record systems
and the sharing with the Attorney General of all of
the records described in paragraphs (1), (2), and (3)
of this subsection and the records required by the
Attorney General under section 502 of the Violent
Crime Control and Law Enforcement Act of 1993,
for the purpose of implementing such Act.’’.
(2) ADDITIONAL FUNDING.—
110
(A) GRANTS FOR THE IMPROVEMENT OF
CRIMINAL
RECORDS.—The Attorney General,
through the Bureau of Justice Statistics, shall,
subject to appropriations and with preference to
States that as of the date of enactment of this
Act have the lowest percent currency of case
dispositions in computerized criminal history
files, make a grant to each State to be used—
(i) for the creation of a computerized
criminal history record system or improve-
ment of an existing system;
(ii) to improve accessibility to the na-
tional instant criminal background system;
and
(iii) upon establishment of the na-
tional system, to assist the State in the
transmittal of criminal records to the na-
tional system.
(B) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appro-
priated for grants under subparagraph (A) a
total of $100,000,000 for fiscal year 1994 and
all fiscal years thereafter.
(b) WITHHOLDING STATE FUNDS.—Effective on the
date of enactment of this Act the Attorney General may
111
reduce by up to 50 percent the allocation to a State for
a fiscal year under title I of the Omnibus Crime Control
and Safe Streets Act of 1968 of a State that is not in
compliance with the timetable established for such State
under section 502(c) of this Act.
(c) WITHHOLDING
OF DEPARTMENT
OF JUSTICE
FUNDS.—If the Attorney General does not certify the na-
tional instant criminal background check system pursuant
to section 502(d)(1) by—
(1) 30 months after the date of enactment of
this Act the general administrative funds appro-
priated to the Department of Justice for the fiscal
year beginning in the calendar year in which the
date that is 30 months after the date of enactment
of this Act falls shall be reduced by 5 percent on a
monthly basis; and
(2) 42 months after the date of enactment of
this Act the general administrative funds appro-
priated to the Department of Justice for the fiscal
year beginning in the calendar year in which the
date that is 42 months after the date of enactment
of this Act falls shall be reduced by 10 percent on
a monthly basis.
112
Subtitle B—Gun Crime Penalties
SEC. 504. ENHANCED PENALTY FOR USE OF A SEMIAUTO-
MATIC FIREARM DURING A CRIME OF VIO-
LENCE OR A DRUG TRAFFICKING CRIME.
(a) AMENDMENT TO SENTENCING GUIDELINES.—
Pursuant to its authority under section 994 of title 28,
United States Code, the United States Sentencing Com-
mission shall amend its sentencing guidelines to provide
an appropriate enhancement of the punishment for a
crime of violence (as defined in section 924(c)(3) of title
18, United States Code) or a drug trafficking crime (as
defined in section 924(c)(2) of title 18, United States
Code) if a semiautomatic firearm is involved.
(b) SEMIAUTOMATIC FIREARM.—As used in sub-
section (a), the term ‘‘semiautomatic firearm’’ means any
repeating firearm which utilizes a portion of the energy
of a firing cartridge to extract the fired cartridge case and
chamber the next round, and which requires a separate
pull of the trigger to fire each cartridge.
SEC. 505. ENHANCED PENALTY FOR SECOND OFFENSE OF
USING AN EXPLOSIVE TO COMMIT A FELONY.
Pursuant to its authority under section 994 of title
28, United States Code, the United States Sentencing
Commission shall promulgate amendments to its sentenc-
ing guidelines to provide an appropriate enhancement or
113
penalties where a defendant convicted under section
844(h) of title 18, United States Code, has previously been
convicted under that section.
SEC. 506. SMUGGLING FIREARMS IN AID OF DRUG TRAF-
FICKING.
Section 924 of title 18, United States Code, is
amended by adding at the end the following:
‘‘(i) Whoever, with the intent to engage in or to pro-
mote conduct which—
‘‘(1) is punishable under the Controlled Sub-
stances Act (21 U.S.C. 801 et seq.), the Controlled
Substances Import and Export Act (21 U.S.C. 951
et seq.), or the Maritime Drug Law Enforcement
Act (46 U.S.C. App. 1901 et seq.);
‘‘(2) violates any law of a State relating to any
controlled substance (as defined in section 102 of
the Controlled Substances Act, 21 U.S.C. 802); or
‘‘(3) constitutes a crime of violence (as defined
in subsection (c)(3),
smuggles or knowingly brings into the United States a
firearm, or attempts to do so, shall be imprisoned for not
more than ten years, fined under this title, or both.’’.
114
SEC. 507. THEFT OF FIREARMS AND EXPLOSIVES.
(a) FIREARMS.—Section 924 of title 18, United
States Code, is amended by adding after the subsection
added by section 506 of this Act the following:
‘‘(j) Whoever steals any firearm which is moving as,
or is a part of, or which has moved in, interstate or foreign
commerce shall be imprisoned for not more than 10 years,
and may be fined under this title, or both.’’.
(b) EXPLOSIVES.—Section 844 of title 18, United
States Code, is amended by adding at the end the follow-
ing:
‘‘(k) Whoever steals any explosives materials which
are moving as, or are a part of, or which have moved in,
interstate or foreign commerce shall be imprisoned for not
more than 10 years, or fined under this title, or both.’’.
SEC. 508. INCREASED PENALTY FOR KNOWINGLY MAKING
FALSE, MATERIAL STATEMENT IN CONNEC-
TION WITH THE ACQUISITION OF A FIREARM
FROM A LICENSED DEALER.
Section 924(a) of title 18, United States Code, is
amended—
(1) in paragraph (a)(1)(B), by striking out
‘‘(a)(6),’’; and
(2) in subsection (a)(2), by inserting ‘‘(a)(6),’’
after ‘‘subsection’’.
115
SEC. 509. POSSESSION OF EXPLOSIVES BY FELONS AND
OTHERS.
Section 842(i) of title 18, United States Code, is
amended by inserting ‘‘or possess’’ after ‘‘to receive’’.
SEC. 510. SUMMARY DESTRUCTION OF EXPLOSIVES SUB-
JECT TO FORFEITURE.
Section 844(c) of title 18, United States Code, is
amended by redesignating subsection (c) as subsection
(c)(1) and by adding paragraphs (2) and (3) as follows:
‘‘(2) Notwithstanding the provisions of paragraph
(1), in the case of the seizure of any explosive materials
for any offense for which the materials would be subject
to forfeiture where it is impracticable or unsafe to remove
the materials to a place of storage, or where it is unsafe
to store them, the seizing officer is authorized to destroy
the explosive materials forthwith. Any destruction under
this paragraph shall be in the presence of at least one
credible witness. The seizing officer shall make a report
of the seizure and take samples as the Secretary may by
regulation prescribe.
‘‘(3) Within sixty days after any destruction made
pursuant to paragraph (2), the owner of, including any
person having an interest in, the property so destroyed
may make application to the Secretary for reimbursement
of the value of the property. If the claimant establishes
to the satisfaction of the Secretary that—
116
‘‘(A) the property has not been used or involved
in a violation of law; or
‘‘(B) any unlawful involvement or use of the
property was without the claimant’s knowledge, con-
sent, or willful blindness,
the Secretary shall make an allowance to the claimant not
exceeding the value of the property destroyed.’’.
SEC. 511. ELIMINATION OF OUTMODED LANGUAGE RELAT-
ING TO PAROLE.
(a) Section 924(e)(1) of title 18, United States Code,
is amended by striking ‘‘, and such person shall not be
eligible for parole with respect to the sentence imposed
under this subsection’’.
(b) Section 924(c)(1) of title 18, United States Code,
is amended by striking ‘‘No person sentenced under this
subsection shall be eligible for parole during the term of
imprisonment imposed herein.’’.
SEC. 512. PROHIBITION AGAINST TRANSACTIONS INVOLV-
ING STOLEN FIREARMS WHICH HAVE MOVED
IN INTERSTATE OR FOREIGN COMMERCE.
Section 922(j) of title 18, United States Code, is
amended to read as follows:
‘‘(j) It shall be unlawful for any person to receive,
possess, conceal, store, barter, sell, or dispose of any stolen
firearm or stolen ammunition, or pledge or accept as secu-
117
rity for a loan any stolen firearm or stolen ammunition,
which is moving as, which is a part of, which constitutes,
or which has been shipped or transported in, interstate
or foreign commerce, either before or after it was stolen,
knowing or having reasonable cause to believe that the
firearm or ammunition was stolen.’’.
SEC. 513. USING A FIREARM IN THE COMMISSION OF COUN-
TERFEITING OR FORGERY.
Pursuant to its authority under section 994 of title
28, United States Code, the United States Sentencing
Commission shall amend its sentencing guidelines to pro-
vide an appropriate enhancement of the punishment for
a defendant convicted of a felony under chapter 25 of title
18, United States Code, if the defendant used or carried
a firearm (as defined in section 921(a)(3) of title 18, Unit-
ed States Code) during and in relation to the felony.
SEC. 514. ENHANCED PENALTIES FOR FIREARMS POSSES-
SION BY VIOLENT FELONS AND SERIOUS
DRUG OFFENDERS.
Pursuant to its authority under section 994 of title
28, United States Code, the United States Sentencing
Commission shall amend its sentencing guidelines to pro-
vide—
(1) an appropriate enhancement of the punish-
ment for a defendant convicted of an offense under
118
section 922(g) of title 18, United States Code, if the
defendant has 1 prior conviction by any court re-
ferred to in section 922(g)(1) of such title for a vio-
lent felony (as defined in section 924(e)(2)(B) of
such title) or a serious drug offense (as defined in
section 924(e)(2)(A) of such title); and
(2) an appropriate enhancement of the punish-
ment for such a defendant, if the defendant has 2
such prior convictions for a violent felony (as so de-
fined) or a serious drug offense (as so defined).
SEC. 515. RECEIPT OF FIREARMS BY NONRESIDENT.
Section 922(a) of title 18, United States Code, is
amended—
(1) in paragraph (7), by striking ‘‘and’’ at the
end;
(2) in paragraph (8), by striking the period at
the end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(9) for any person, other than a licensed im-
porter, licensed manufacturer, licensed dealer, or li-
censed collector, who does not reside in any State to
receive any firearms unless such receipt is for lawful
sporting purposes.’’.
119
SEC. 516. FIREARMS AND EXPLOSIVES CONSPIRACY.
(a) FIREARMS.—Section 924 of title 18, United
States Code, is amended by adding after the subsections
added by sections 506 and 507(a) of this Act the follow-
ing:
‘‘(k) Whoever conspires to commit any offense de-
fined in this chapter shall be subject to the same penalties
as those prescribed for the offense the commission of
which was the object of the conspiracy.’’.
(b) EXPLOSIVES.—Section 844 of title 18, United
States Code, is amended by adding after the subsection
added by section 507(b) of this Act the following:
‘‘(l) Whoever conspires to commit any offense defined
in this chapter shall be subject to the same penalties as
those prescribed for the offense the commission of which
was the object of the conspiracy.’’.
SEC. 517. STUDY OF INCENDIARY AMMUNITION; REPORT TO
CONGRESS.
(a) STUDY.—The Secretary of the Treasury shall
conduct a study of the incendiary ammunition offered for
sale under the brand name ‘‘Dragon’s Breath’’ and also
known as the ‘‘Three Second Flame Thrower’’, and all in-
cendiary ammunition of similar function or effect, for the
purpose of determining whether there is a reasonable
sporting use for such ammunition and whether there is
a reasonable use for such ammunition in law enforcement.
120
(b) REPORT TO THE CONGRESS.—Within 1 year after
the date of the enactment of this Act, the Secretary of
the Treasury shall submit to the Committee on the Judici-
ary of the House of Representatives a report containing
the results of the study required by subsection (a) and
recommendations for such legislative or administrative ac-
tion, with respect to the ammunition referred to in sub-
section (a), as the Secretary deems appropriate.
SEC. 518. THEFT OF FIREARMS OR EXPLOSIVES FROM LI-
CENSEE.
(a) FIREARMS.—Section 924 of title 18, United
States Code, is amended by adding after the subsections
added by sections 506, 507(a), and 516(a) of this Act the
following:
‘‘(l) Whoever steals any firearm from a licensed im-
porter, licensed manufacturer, licensed dealer or licensed
collector shall be fined in accordance with this title, im-
prisoned not more than ten years, or both.’’.
(b) EXPLOSIVES.—Section 844 of title 18, United
States Code, is amended by adding after the subsections
added by sections 507(b) and 516(b) of this Act the fol-
lowing:
‘‘(m) Whoever steals any explosive material from a
licensed importer, licensed manufacturer or licensed deal-
121
er, or from any permittee shall be fined in accordance with
this title, imprisoned not more than ten years, or both.’’.
SEC. 519. DISPOSING OF EXPLOSIVES TO PROHIBITED PER-
SONS.
Section 842(d) of title 18, United States Code, is
amended by striking ‘‘licensee’’ and inserting ‘‘person’’.
SEC. 520. CLARIFICATION OF ‘‘BURGLARY’’ UNDER THE
ARMED CAREER CRIMINAL STATUTE.
Section 924(e)(2) of title 18, United States Code, is
amended—
(1) in subparagraph (B)(ii), by striking ‘‘and ’’
at the end;
(2) in subparagraph (C), by striking the period
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(D) the term ‘burglary’ means any crime pun-
ishable by a term of imprisonment exceeding one
year and consisting of entering or remaining surrep-
titiously within a building that is the property of an-
other with intent to engage in conduct constituting
a Federal or State offense.’’.
122
SEC. 521. INCREASED PENALTY FOR INTERSTATE GUN
TRAFFICKING.
Section 924 of title 18, United States Code, is
amended by adding after the subsections added by sections
506, 507(a), 516(a), and 518(a) of this Act the following:
‘‘(m) Whoever, with the intent to engage in conduct
which constitutes a violation of section 922(a)(1)(A), trav-
els from any State or foreign country into any other State
and acquires, or attempts to acquire, a firearm in such
other State in furtherance of such purpose shall be impris-
oned for not more than 10 years, fined in accordance with
this title, or both.’’.
TITLE VI—YOUTH VIOLENCE
Subtitle A—General
SEC. 601. STRENGTHENING FEDERAL PENALTIES FOR EM-
PLOYING PERSONS UNDER THE AGE OF 18
YEARS TO DISTRIBUTE DRUGS.
Section 419 of the Controlled Substances Act (21
U.S.C. 860) is amended as follows:
(1) at the end of subsection (b) by adding the
following:
‘‘(c) Notwithstanding any other provision of law, any
person at least 18 years of age who knowingly and inten-
tionally—
123
‘‘(1) employs, hires, uses, persuades, induces,
entices, or coerces, a person under 18 years of age
to violate any provision of this section; or
‘‘(2) employs, hires, uses, persuades, induces,
entices, or coerces, a person under 18 years of age
to assist in avoiding detection or apprehension for
any offense of this section by any Federal, State, or
local law enforcement official,
is punishable by a term of imprisonment, or fine, or both,
up to triple that authorized by section 841(b) of this title.’’
SEC. 602. COMMENCEMENT OF JUVENILE PROCEEDING.
Section 5032 of title 18, United States Code, is
amended by striking ‘‘Any proceedings against a juvenile
under this chapter or as an adult shall not be commenced
until’’ and inserting ‘‘A juvenile shall not be transferred
to adult prosecution nor shall a hearing be held under sec-
tion 5037 (disposition after a finding of juvenile delin-
quency) until’’.
SEC. 603. BINDOVER SYSTEM.
Section 501(b) of title I of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 (42 U.S.C. 3751), as
amended by section 1002, is amended—
(1) in paragraph (21) by striking ‘‘and’’ at the
end;
124
(2) in paragraph (22) by striking the period at
the end and inserting ‘‘; and’’; and
(3) inserting after paragraph (22) the following:
‘‘(23) programs which address the need for ef-
fective bindover systems for the prosecution of vio-
lent 16- and 17-year olds in courts with jurisdiction
over adults for the crimes of—
‘‘(A) murder in the first degree;
‘‘(B) murder in the second degree;
‘‘(C) attempted murder;
‘‘(D) armed robbery when armed with a
firearm;
‘‘(E) aggravated battery or assault when
armed with a firearm;
‘‘(F) criminal sexual penetration when
armed with a firearm; and
‘‘(G) drive-by shootings as described in
section 922 of title 18, United States Code.’’.
Subtitle B—Criminal Street Gangs
SEC. 604. CRIMINAL STREET GANGS.
(a) IN GENERAL.—Title 18, United States Code, is
amended by inserting after chapter 25 the following:
‘‘CHAPTER 26—CRIMINAL STREET GANGS
‘‘Sec.
‘‘521.
Criminal street gangs.
125
‘‘§ 521. Criminal street gangs
‘‘(a) Whoever, under the circumstances described in
subsection (c) of this section, commits an offense de-
scribed in subsection (b) of this section, shall, in addition
to any other sentence authorized by law, be sentenced to
a term of imprisonment of not more than 10 years and
may also be fined under this title. Such sentence of impris-
onment shall run consecutively to any other sentence im-
posed.
‘‘(b) The offenses referred to in subsection (a) of this
section are—
‘‘(1) any Federal felony involving a controlled
substance (as defined in section 102 of the Con-
trolled Substances Act) for which the maximum pen-
alty is not less than five years;
‘‘(2) any Federal felony crime of violence;
‘‘(3) a conspiracy to commit any of the offenses
described in paragraphs (1) through (3) of this sub-
section.
‘‘(c) The circumstances referred to in subsection (a)
of this section are that the offense described in subsection
(b) was committed as a member of, or on behalf of, a
criminal street gang and that person has been convicted,
within the past 5 years for—
‘‘(1) any offense listed in subsection (b) of this
section;
126
‘‘(2) any State offense—
‘‘(A) involving a controlled substance (as
defined in section 102 of the Controlled Sub-
stances Act) for which the maximum penalty is
not less than one year after imprisonment; or
‘‘(B) that is a crime of violence; for which
the maximum penalty is more than 1 year’s im-
prisonment; or
‘‘(3) any Federal or State offense that involves
the theft or destruction of property for which the
maximum penalty is more than 1 year’s imprison-
ment; or
‘‘(4) a conspiracy to commit any of the offenses
described in paragraphs (1) through (3) of this sub-
section.
‘‘(d) For purposes of this section—
‘‘(1) the term ‘criminal street gang’ means any
group, club, organization, or association of 5 or
more persons—
‘‘(A) whose members engage or have en-
gaged within the past 5 years, in a continuing
series of violations of any offense treated in
subsection (b); and
‘‘(B) whose activities affect interstate or
foreign commerce; and
127
‘‘(2) the term ‘conviction’ includes a finding,
under State or Federal law, that a person has com-
mitted an act of juvenile delinquency involving a vio-
lent or controlled substances felony.’’.
(b) CLERICAL AMENDMENT.—The table of chapters
for part I of title 18, United States Code, is amended by
inserting after the item relating to chapter 25 the follow-
ing:
‘‘26. Criminal street gangs ..............................................................
521’’.
Subtitle C—Certainty of
Punishment for Young Offenders
SEC. 605. CERTAINTY OF PUNISHMENT FOR YOUNG OF-
FENDERS.
(a) IN GENERAL.—Title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3711
et seq.), is amended—
(1) by redesignating part S as part T;
(2) by redesignating section 1901 as section
2001; and
(3) by inserting after part R the following:
‘‘PART S—ALTERNATIVE PUNISHMENTS FOR
YOUNG OFFENDERS
‘‘SEC. 1901. GRANT AUTHORIZATION.
‘‘(a) IN GENERAL.—The Director of the Bureau of
Justice Assistance (referred to in this part as the ‘Direc-
tor’) may make grants under this part to States, for the
128
use by States and units of local government in the States,
for the purpose of developing alternative methods of pun-
ishment for young offenders to traditional forms of incar-
ceration and probation.
‘‘(b) ALTERNATIVE
METHODS.—The alternative
methods of punishment referred to in subsection (a)
should ensure certainty of punishment for young offenders
and promote reduced recidivism, crime prevention, and as-
sistance to victims, particularly for young offenders who
can be punished more effectively in an environment other
than a traditional correctional facility, including—
‘‘(1) alternative sanctions that create account-
ability and certainty of punishment for young of-
fenders;
‘‘(2) boot camp prison programs;
‘‘(3) technical training and support for the im-
plementation and maintenance of State and local
restitution programs for young offenders;
‘‘(4) innovative projects;
‘‘(5) correctional options, such as community-
based incarceration, weekend incarceration, and elec-
tric monitoring of offenders;
‘‘(6) community service programs that provide
work service placement for young offenders at non-
129
profit, private organizations and community organi-
zations;
‘‘(7) demonstration restitution projects that are
evaluated for effectiveness; and
‘‘(8) innovative methods that address the prob-
lems of young offenders convicted of serious sub-
stance abuse, including alcohol abuse, and gang-re-
lated offenses, including technical assistance and
training to counsel and treat such offenders.
‘‘SEC. 1902. STATE APPLICATIONS.
‘‘(a) IN GENERAL.—(1) To request a grant under
this part, the chief executive of a State shall submit an
application to the Director in such form and containing
such information as the Director may reasonably require.
‘‘(2) Such application shall include assurances that
Federal funds received under this part shall be used to
supplement, not supplant, non-Federal funds that would
otherwise be available for activities funded under this part.
‘‘(b) STATE OFFICE.—The office designated under
section 507 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3757)—
‘‘(1) shall prepare the application as required
under section 1902 of the Violent Crime Control and
Law Enforcement Act of 1993; and
130
‘‘(2) shall administer grant funds received
under this part, including, review of spending, proc-
essing, progress, financial reporting, technical assist-
ance, grant adjustments, accounting, auditing, and
fund disbursement.
‘‘SEC. 1903. REVIEW OF STATE APPLICATIONS.
‘‘(a) IN GENERAL.—The Bureau shall make a grant
under section 1901(a) of the Violent Crime Control and
Law Enforcement Act of 1993 to carry out the projects
described in the application submitted by such applicant
under section 1902 of the Violent Crime Control and Law
Enforcement Act of 1993 upon determining that—
‘‘(1) the application is consistent with the re-
quirements of this part; and
‘‘(2) before the approval of the application, the
Bureau has made an affirmative finding in writing
that the proposed project has been reviewed in ac-
cordance with this part.
‘‘(b) APPROVAL.—Each application submitted under
section 1902 of the Violent Crime Control and Law En-
forcement Act of 1993 shall be considered approved, in
whole or in part, by the Bureau not later than 45 days
after first received unless the Bureau informs the appli-
cant of specific reasons for disapproval.
131
‘‘(c) RESTRICTION.—Grant funds received under this
part shall not be used for land acquisition or construction
projects, other than alternative facilities described in sec-
tion 1901(b) of the Violent Crime Control and Law En-
forcement Act of 1993 for young offenders.
‘‘(d) DISAPPROVAL
NOTICE
AND
RECONSIDER-
ATION.—The Bureau shall not disapprove any application
without first affording the applicant reasonable notice and
an opportunity for reconsideration.
‘‘SEC. 1904. LOCAL APPLICATIONS.
‘‘(a) IN GENERAL.—(1) To request funds under this
part from a State, the chief executive of a unit of local
government shall submit an application to the office des-
ignated under section 1902(b) of the Violent Crime Con-
trol and Law Enforcement Act of 1993.
‘‘(2) Such application shall be considered approved,
in whole or in part, by the State not later than 45 days
after such application is first received unless the State in-
forms the applicant in writing of specific reasons for dis-
approval.
‘‘(3) The State shall not disapprove any application
submitted to the State without first affording the appli-
cant reasonable notice and an opportunity for reconsider-
ation.
132
‘‘(4) If such application is approved, the unit of local
government is eligible to receive such funds.
‘‘(b) DISTRIBUTION TO UNITS OF LOCAL GOVERN-
MENT.—A State that receives funds under section 1901
of the Violent Crime Control and Law Enforcement Act
of 1993 in a fiscal year shall make such funds available
to units of local government with an application that has
been submitted and approved by the State within 45 days
after the Bureau has approved the application submitted
by the State and has made funds available to the State.
The Director shall have the authority to waive the 45-day
requirement in this section upon a finding that the State
is unable to satisfy such requirement under State statutes.
‘‘SEC. 1905. ALLOCATION AND DISTRIBUTION OF FUNDS.
‘‘(a) STATE DISTRIBUTION.—Of the total amount ap-
propriated under this part in any fiscal year—
‘‘(1) 0.4 percent shall be allocated to each of
the participating States; and
‘‘(2) of the total funds remaining after the allo-
cation under paragraph (1), there shall be allocated
to each of the participating States an amount which
bears the same ratio to the amount of remaining
funds described in this paragraph as the number of
young offenders of such State bears to the number
of young offenders in all the participating States.
133
‘‘(b) LOCAL DISTRIBUTION.—(1) A State that re-
ceives funds under this part in a fiscal year shall distribute
to units of local government in such State for the purposes
specified under section 1901 of the Violent Crime Control
and Law Enforcement Act of 1993 that portion of such
funds which bears the same ratio to the aggregate amount
of such funds as the amount of funds expended by all units
of local government for criminal justice in the preceding
fiscal year bears to the aggregate amount of funds ex-
pended by the State and all units of local government in
such State for criminal justice in such preceding fiscal
year.
‘‘(2) Any funds not distributed to units of local gov-
ernment under paragraph (1) shall be available for ex-
penditure by such State for purposes specified under sec-
tion 1901 of the Violent Crime Control and Law Enforce-
ment Act of 1993.
‘‘(3) If the Director determines, on the basis of infor-
mation available during any fiscal year, that a portion of
the funds allocated to a State for such fiscal year will not
be used by such State or that a State is not eligible to
receive funds under section 1901 of the Violent Crime
Control and Law Enforcement Act of 1993, the Director
shall award such funds to units of local government in
134
such State giving priority to the units of local government
that the Director considers to have the greatest need.
‘‘(c) FEDERAL SHARE.—The Federal share of a
grant made under this part may not exceed 75 percent
of the total costs of the projects described in the applica-
tion submitted under section 1902(a) of the Violent Crime
Control and Law Enforcement Act of 1993 for the fiscal
year for which the projects receive assistance under this
part.
‘‘SEC. 1906. EVALUATION.
‘‘(a) IN GENERAL.—(1) Each State and local unit of
government that receives a grant under this part shall
submit to the Director an evaluation not later than March
1 of each year in accordance with guidelines issued by the
Director and in consultation with the National Institute
of Justice.
‘‘(2) The Director may waive the requirement speci-
fied in subsection (a) if the Director determines that such
evaluation is not warranted in the case of the State or
unit of local government involved.
‘‘(b) DISTRIBUTION.—The Director shall make avail-
able to the public on a timely basis evaluations received
under subsection (a).
‘‘(c) ADMINISTRATIVE COSTS.—A State and local
unit of government may use not more than 5 percent of
135
funds it receives under this part to develop an evaluation
program under this section.’’.
(b) CONFORMING AMENDMENT.—The table of con-
tents of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.), is amended
by striking the matter relating to part S and inserting the
following:
‘‘PART S—ALTERNATIVE PUNISHMENTS FOR YOUNG OFFENDERS
‘‘Sec. 1901. Grant authorization.
‘‘Sec. 1902. State applications.
‘‘Sec. 1903. Review of State applications.
‘‘Sec. 1904. Local applications.
‘‘Sec. 1905. Allocation and distribution of funds.
‘‘Sec. 1906. Evaluation.
‘‘PART T—TRANSITION; EFFECTIVE DATE; REPEALER
‘‘Sec. 2001. Continuation of rules, authorities, and proceedings.’’.
(c) DEFINITION.—Section 901(a) of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3791(a)), is amended by adding at the end the following
new section:
‘‘(25) The term ‘young offender’ means an indi-
vidual 28 years of age or younger.’’.
(d) AUTHORIZATION OF APPROPRIATIONS.—Section
1001(a) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3793) is amended by add-
ing after paragraph (12) the following:
‘‘(13) There are authorized to be appropriated
$200,000,000 for each of the fiscal years 1994, 1995, and
1996 to carry out the projects under part S.’’.
136
Subtitle D—Juvenile Drug Traf-
ficking and Gang Prevention
Grants
SEC. 606. JUVENILE DRUG TRAFFICKING AND GANG PRE-
VENTION GRANTS.
The Omnibus Crime Control and Safe Streets Act of
1968, is amended—
(1) by redesignating part T as part U;
(2) by redesignating section 2001 as section
2101; and
(3) by inserting after part S the following new
part:
‘‘PART T—JUVENILE DRUG TRAFFICKING AND
GANG PREVENTION GRANTS
‘‘SEC. 2001. GRANT AUTHORIZATION.
‘‘(a) IN GENERAL.—The Director is authorized to
make grants to States and units of general local govern-
ment or combinations thereof to assist them in planning,
establishing, operating, coordinating, and evaluating
projects directly or through grants and contracts with
public and private agencies for the development of more
effective programs, including education, prevention, treat-
ment and enforcement programs to reduce—
‘‘(1) the formation or continuation of juvenile
gangs; and
137
‘‘(2) the use and sale of illegal drugs by juve-
niles.
‘‘(b) USES OF FUNDS.—The grants made under this
section may be used for any of the following specific pur-
poses:
‘‘(1) to reduce the participation of juveniles in
drug related crimes (including drug trafficking and
drug use), particularly in and around elementary
and secondary schools;
‘‘(2) to reduce juvenile involvement in organized
crime, drug and gang-related activity, particularly
activities that involve the distribution of drugs by or
to juveniles;
‘‘(3) to develop new and innovative means to
address the problems of juveniles convicted of seri-
ous, drug-related and gang-related offenses;
‘‘(4) to reduce juvenile drug and gang-related
activity in public housing projects;
‘‘(5) to provide technical assistance and train-
ing to personnel and agencies responsible for the ad-
judicatory and corrections components of the juve-
nile justice system to identify drug-dependent or
gang-involved juvenile offenders and to provide ap-
propriate counseling and treatment to such offend-
ers;
138
‘‘(6) to promote the involvement of all juveniles
in lawful activities, including—
‘‘(A) school programs that teach that drug
and gang involvement are wrong;
‘‘(B) programs such as youth sports and
other activities, including girls and boys clubs,
scout troops, and little leagues;
‘‘(7) to facilitate Federal and State cooperation
with local school officials to develop education, pre-
vention and treatment programs for juveniles who
are likely to participate in drug trafficking, drug use
or gang-related activities;
‘‘(8) to provide pre- and post-trial drug abuse
treatment to juveniles in the juvenile justice system;
with the highest possible priority to providing drug
abuse treatment to drug-dependent pregnant juve-
niles and drug-dependent juvenile mothers;
‘‘(9) to provide education and treatment pro-
grams for youth exposed to severe violence in their
homes, schools, or neighborhoods;
‘‘(10) to establish sports mentoring and coach-
ing programs in which athletes serve as role models
for youth to teach that athletics provide a positive
alternative to drug and gang involvement;
139
‘‘(11) to develop new programs that specifically
address the unique crime, drug, and alcohol-related
challenges faced by juveniles living at or near Inter-
national Ports of Entry and in other international
border communities, including rural localities; and
‘‘(12) to identify promising new juvenile drug
demand reduction and enforcement programs, to
replicate and demonstrate these programs to serve
as national, regional or local models that could be
used, in whole or in part, by other public and private
juvenile justice programs, and to provide technical
assistance and training to public or private organiza-
tions to implement similar programs.
‘‘SEC. 2002. APPLICATIONS.
‘‘A State or unit of local government applying for
grants under this part shall submit an application to the
Director in such form and containing such information as
the Director shall reasonably require.’’.
(b) CONFORMING AMENDMENT.—The table of con-
tents of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.), is amended
by striking the matter relating to part T and inserting
the following:
‘‘PART T—JUVENILE DRUG TRAFFICKING AND GANG PREVENTION GRANTS
‘‘Sec. 2001. Grant authorization.
‘‘Sec. 2002. Applications.
‘‘PART V—TRANSITION; EFFECTIVE DATE; REPEALER
140
‘‘Sec. 2101. Continuation of rules, authorities, and proceedings.’’.
(c) AUTHORIZATION OF APPROPRIATIONS.—Section
1001(a) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3793), is amended by add-
ing after paragraph (13) the following:
‘‘(14) There are authorized to be appropriated
$100,000,000 for each of the fiscal years 1994 and 1995
to carry out the projects under part T.’’.
TITLE VII—TERRORISM
Subtitle A—Maritime Navigation
and Fixed Platforms
SEC. 701. OFFENSES OF VIOLENCE AGAINST MARITIME
NAVIGATION OR FIXED PLATFORMS.
Chapter 111 of title 18, United States Code, is
amended by adding at the end the following:
‘‘§ 2280. Violence against maritime navigation
‘‘(a) Whoever unlawfully and intentionally—
‘‘(1) seizes or exercises control over a ship by
force or threat thereof or any other form of intimi-
dation;
‘‘(2) performs an act of violence against a per-
son on board a ship if that act is likely to endanger
the safe navigation of that ship;
‘‘(3) destroys a ship or causes damage to a ship
or to its cargo which is likely to endanger the safe
navigation of that ship;
141
‘‘(4) places or causes to be placed on a ship, by
any means whatsoever, a device or substance which
is likely to destroy that ship, or cause damage to
that ship or its cargo which endangers or is likely
to endanger the safe navigation of that ship;
‘‘(5) destroys or seriously damages maritime
navigational facilities or seriously interferes with
their operation, if such act is likely to endanger the
safe navigation of a ship;
‘‘(6) communicates information, knowing the
information to be false and under circumstances in
which such information may reasonably be believed,
thereby endangering the safe navigation of a ship;
‘‘(7) injures or kills any person in connection
with the commission or the attempted commission of
any of the offenses set forth in paragraphs (1)
through (6); or
‘‘(8) attempts to do any act prohibited under
paragraphs (1) through (7);
shall be fined under this title or imprisoned not more than
twenty years, or both; and if the death of any person re-
sults, from conduct prohibited by this subsection, shall be
punished by death or imprisoned for any term of years
or for life.
142
‘‘(b) Whoever threatens to do any act prohibited
under paragraphs (2), (3) or (5) of subsection (a), with
apparent determination and will to carry the threat into
execution, if the threatened act is likely to endanger the
safe navigation of the ship in question, shall be fined
under this title or imprisoned not more than five years,
or both.
‘‘(c) There is jurisdiction over the prohibited activity
in subsections (a) and (b)—
‘‘(1) in the case of a covered ship, if—
‘‘(A) such activity is committed—
‘‘(i) by a person engaged in terrorism
or who acts on behalf of a terrorist group;
‘‘(ii) against or on board a ship flying
the flag of the United States at the time
the prohibited activity is committed;
‘‘(iii) in the United States and the ac-
tivity is not prohibited as a crime by the
State in which the activity takes place; or
‘‘(iv) the activity takes place on a ship
flying the flag of a foreign country or out-
side the United States, by a national of the
United States or by a stateless person
whose habitual residence is in the United
States;
143
‘‘(B) during the commission of such activ-
ity, a national of the United States is seized,
threatened, injured or killed; or
‘‘(C) the offender is later found in the
United States after such activity is committed;
‘‘(2) in the case of a ship navigating or sched-
uled to navigate solely within the territorial sea or
internal waters of a country other than the United
States, if the offender is later found in the United
States after such activity is committed; and
‘‘(3) in the case of any vessel, if such activity
is committed in an attempt to compel the United
States to do or abstain from doing any act.
‘‘(d) As used in this section, the term—
‘‘(1) the term ‘ship’ means a vessel of any type
whatsoever not permanently attached to the sea-bed,
including dynamically supported craft, submersibles
or any other floating craft; but such term does not
include a warship, a ship owned or operated by a
government when being used as a naval auxiliary or
for customs or police purposes, or a ship which has
been withdrawn from navigation or laid up;
‘‘(2) the term ‘covered ship’ means a ship that
is navigating or is scheduled to navigate into,
through or from waters beyond the outer limit of the
144
territorial sea of a single country or a lateral limit
of that country’s territorial sea with an adjacent
country;
‘‘(3) the term ‘national of the United States’
has the meaning given such term in section
101(a)(22) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(22));
‘‘(4) the term ‘territorial sea of the United
States’ means all waters extending seaward to 12
nautical miles from the baselines of the United
States determined in accordance with international
law; and
‘‘(5) the term ‘United States’, when used in a
geographical sense, includes the Commonwealth of
Puerto Rico, the Commonwealth of the Northern
Marianas Islands and all territories and possessions
of the United States.
‘‘§ 2281. Violence against maritime fixed platforms
‘‘(a) Whoever unlawfully and intentionally—
‘‘(1) seizes or exercises control over a fixed
platform by force or threat thereof or any other
form of intimidation;
‘‘(2) performs an act of violence against a per-
son on board a fixed platform if that act is likely to
endanger its safety;
145
‘‘(3) destroys a fixed platform or causes dam-
age to it which is likely to endanger its safety;
‘‘(4) places or causes to be placed on a fixed
platform, by any means whatsoever, a device or sub-
stance which is likely to destroy that fixed platform
or likely to endanger its safety;
‘‘(5) injures or kills any person in connection
with the commission or the attempted commission of
any of the offenses set forth in paragraphs (1)
through (4); or
‘‘(6) attempts to do anything prohibited under
paragraphs (1) through (5);
shall be fined under this title or imprisoned not more than
twenty years, or both; and if death results to any person
from conduct prohibited by this subsection, shall be pun-
ished by death or imprisoned for any term of years or for
life.
‘‘(b) Whoever threatens to do anything prohibited
under paragraphs (2) or (3) of subsection (a), with appar-
ent determination and will to carry the threat into execu-
tion, if the threatened act is likely to endanger the safety
of the fixed platform, shall be fined under this title or im-
prisoned not more than five years, or both.
‘‘(c) There is jurisdiction over the prohibited activity
in subsections (a) and (b) if—
146
‘‘(1) such activity is committed against or on
board a fixed platform—
‘‘(A) that is located on the continental
shelf of the United States, if—
‘‘(i) by a person engaged in terrorism
or who acts on behalf of a terrorist group;
or
‘‘(ii) if the activity is not prohibited as
a crime by the State in which the activity
takes place;
‘‘(B) that is located on the continental
shelf of another country, by a national of the
United States or by a stateless person whose
habitual residence is in the United States; or
‘‘(C) in an attempt to compel the United
States to do or abstain from doing any act;
‘‘(2) during the commission of such activity
against or on board a fixed platform located on a
continental shelf, a national of the United States is
seized, threatened, injured or killed; or
‘‘(3) such activity is committed against or on
board a fixed platform located outside the United
States and beyond the continental shelf of the
United States and the offender is later found in the
United States.
147
‘‘(d) As used in this section, the term—
‘‘(1) ‘continental shelf’ means the sea-bed and
subsoil of the submarine areas that extend beyond a
country’s territorial sea to the limits provided by
customary international law as reflected in Article
76 of the 1982 Convention on the Law of the Sea;
‘‘(2) ‘fixed platform’ means an artificial island,
installation or structure permanently attached to the
sea-bed for the purpose of exploration or exploitation
of resources or for other economic purposes;
‘‘(3) ‘national of the United States’ has the
meaning given such term in section 101(a)(22) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(22));
‘‘(4) ‘territorial sea of the United States’ means
all waters extending seaward to 12 nautical miles
from the baselines of the United States determined
in accordance with international law; and
‘‘(5) ‘United States’, when used in a geographi-
cal sense, includes the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Marianas
Islands and all territories and possessions of the
United States.’’.
148
SEC. 702. CLERICAL AMENDMENTS.
The table of sections at the beginning of chapter 111
of title 18, United States Code, is amended by adding at
the end thereof the following:
‘‘2280. Violence against maritime navigation.
‘‘2281. Violence against maritime fixed platforms.’’.
SEC. 703. EFFECTIVE DATES.
This subtitle and the amendments made by this sub-
title shall take effect on the later of—
(1) the date of the enactment of this Act; or
(2)(A) in the case of section 2280 of title 18,
United States Code, the date the Convention for the
Suppression of Unlawful Acts Against the Safety of
Maritime Navigation has come into force and the
United States has become a party to that Conven-
tion; and
(B) in the case of section 2281 of title 18,
United States Code, the date the Protocol for the
Suppression of Unlawful Acts Against the Safety of
Fixed Platforms Located on the Continental Shelf
has come into force and the United States has be-
come a party to that Protocol.
Subtitle B—General Provisions
SEC. 704. WEAPONS OF MASS DESTRUCTION.
(a) OFFENSE.—Chapter 113A of title 18, United
States Code, as added by the preceding section, is amend-
149
ed by inserting after section 2332 the following new sec-
tion:
‘‘§ 2332a. Use of weapons of mass destruction
‘‘(a) Whoever uses, or attempts or conspires to use,
a weapon of mass destruction—
‘‘(1) against a national of the United States
while such national is outside of the United States;
‘‘(2) against any person within the United
States; or
‘‘(3) against any property that is owned, leased
or used by the United States or by any department
or agency of the United States, whether the property
is within or outside of the United States;
shall be imprisoned for any term of years or for life, and
if death results, shall be punished by death or imprisoned
for any term of years or for life.
‘‘(b) For purposes of this section—
‘‘(1) ‘national of the United States’ has the
meaning given in section 101(a)(22) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)(22));
and
‘‘(2) ‘weapon of mass destruction’ means—
‘‘(A) any destructive device as defined in
section 921 of this title;
‘‘(B) poison gas;
150
‘‘(C) any weapon involving a disease orga-
nism; or
‘‘(D) any weapon that is designed to re-
lease radiation or radioactivity at a level dan-
gerous to human life.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 113A of title 18, United States
Code, is amended by inserting after the item relating to
section 2332 the following:
‘‘2332a. Use of weapons of mass destruction.’’.
SEC. 705. JURISDICTION OVER CRIMES AGAINST UNITED
STATES NATIONALS ON CERTAIN FOREIGN
SHIPS.
Section 7 of title 18, United States Code (relating
to the special maritime and territorial jurisdiction of the
United States), is amended by inserting at the end thereof
the following new paragraph:
‘‘(8) To an extent permitted by international law, any
foreign vessel during a voyage having a scheduled depar-
ture from or arrival in the United States with respect to
an offense committed by or against a national of the
United States.’’.
SEC. 706. TORTURE.
(a) IN GENERAL.—Part I of title 18, United States
Code, is amended by inserting after chapter 113A the fol-
lowing new chapter:
151
‘‘CHAPTER 113B—TORTURE
‘‘Sec.
2340. Definitions.
2340A. Torture.
2340B. Exclusive remedies.
‘‘§ 2340. Definitions
‘‘As used in this chapter—
‘‘(1) ‘torture’ means an act committed by a per-
son acting under the color of law specifically in-
tended to inflict severe physical or mental pain or
suffering (other than pain or suffering incidental to
lawful sanctions) upon another person within his or
her custody or physical control;
‘‘(2) ‘severe mental pain or suffering’ means
the prolonged mental harm caused by or resulting
from: (a) the intentional infliction or threatened in-
fliction of severe physical pain or suffering; (b) the
administration or application, or threatened adminis-
tration or application, of mind altering substances or
other procedures calculated to disrupt profoundly
the senses or the personality; (c) the threat of immi-
nent death; or (d) the threat that another person
will imminently be subjected to death, severe phys-
ical pain or suffering, or the administration or appli-
cation of mind altering substances or other proce-
dures calculated to disrupt profoundly the senses or
personality; and