I
103D CONGRESS
2D SESSION
H. R. 4197
To deter and punish crime, and to protect the rights of crime victims.
IN THE HOUSE OF REPRESENTATIVES
APRIL 13, 1994
Mr. DOOLITTLE introduced the following bill; which was referred jointly to the
Committees on the Judiciary, Ways and Means, Education and Labor,
Armed Services, Science, Space, and Technology, and Government Oper-
ations
A BILL
To deter and punish crime, and to protect the rights of
crime victims.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Citizens’ Crime Prevention and Punishment Act of
1994’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title and table of contents.
TITLE I—PUNISHING VIOLENT CRIME
Subtitle A—Violent Felonies and Drug Offenses
Sec. 101. Life imprisonment or death penalty for second Federal violent felony
conviction.
Sec. 102.
Denial of Federal benefits to persons convicted of crimes of violence.
Sec. 103.
Elimination of judicial discretion in denial of Federal benefits in
cases of certain drug offenses.
Sec. 104.
Enhanced penalty for discharge of a firearm during and in relation
to a crime of violence or drug trafficking crime.
Sec. 105.
Mandatory minimum prison sentences for those who sell illegal drugs
to minors or who use minors in drug trafficking activities.
Sec. 106. Drug testing of Federal offenders on post-conviction release.
Sec. 107. Strengthening the Armed Career Criminals Act.
Sec. 108.
Mandatory penalties for firearms possession by violent felons and se-
rious drug offenders.
Sec. 109.
Mandatory minimum sentence for unlawful possession of a firearm
by convicted felon, fugitive from justice, or transferor or re-
ceiver of stolen firearm.
Sec. 110.
Increase in general penalty for violation of Federal firearms laws.
Sec. 111.
Increase in enhanced penalties for possession of firearm in connec-
tion with crime of violence or drug trafficking crime.
Sec. 112.
Smuggling firearms in aid of drug trafficking or violent crime.
Sec. 113.
Definition of conviction under chapter 44.
Sec. 114.
Definition of serious drug offense under the armed career criminal
act.
Sec. 115.
Definition of burglary under the armed career criminal act.
Sec. 116.
Temporary prohibition against possession of a firearm by, or trans-
fer of a firearm to, persons convicted of a drug crime.
Subtitle B—Capital Offenses
Sec. 121. Procedures for enforcing death penalty.
Sec. 122.
Prohibition of racially discriminatory policies concerning capital pun-
ishment or other penalties.
Sec. 123.
Federal capital cases.
Sec. 124.
Extension of protection of civil rights statutes.
Sec. 125.
Federal death penalties.
Sec. 126.
Conforming and technical amendments.
Subtitle C—Enhanced Penalties for Criminal Use of Firearms and Explosives
Chapter 1—Instant Check System for Handgun Purchases
Sec. 131.
Findings.
Sec. 132.
System for identifying felons and persons adjudicated mentally in-
competent.
Sec. 133.
Licensed firearms dealers required to check magnetic strip on driv-
er’s license of any person attempting to purchase a handgun.
Chapter 2—Other Firearms Provisions
Sec. 141. Increased penalty for interstate gun trafficking.
Sec. 142. Prohibition against transactions involving stolen firearms which have
moved in interstate or foreign commerce.
Sec. 143. Enhanced penalties for use of firearms in connection with counterfeit-
ing or forgery.
Sec. 144. Increased penalty for knowingly false, material Statement in firearm
purchase from licensed dealer.
Sec. 145. Revocation of supervised release for possession of a firearm in viola-
tion of release condition.
Sec. 146. Receipt of firearms by nonresident.
Sec. 147. Disposition of forfeited firearms.
Sec. 148. Conspiracy to violate Federal firearms or explosives laws.
Sec. 149. Theft of firearms or explosives from licensee.
Sec. 150. Penalties for theft of firearms or explosives.
Sec. 151. Prohibition against disposing of explosives to prohibited persons.
Sec. 152. Prohibition against theft of firearms or explosives.
Sec. 153. Increased penalty for second offense of using an explosive to commit
a felony.
Sec. 154. Possession of explosives by felons and others.
Sec. 155. Possession of explosives during the commission of a felony.
Sec. 156. Summary destruction of explosives subject to forfeiture.
Sec. 157. Elimination of outmoded parole language.
Subtitle D—Miscellaneous
Sec. 161. Increased penalties for travel act crimes involving violence and con-
spiracy to commit contract killings.
Sec. 162. Criminal offense for failing to obey an order to land a private air-
craft.
Sec. 163. Amendment to the Mansfield amendment to permit maritime law en-
forcement operations in archipelagic waters.
Sec. 164. Enhancement of penalties for drug trafficking in prisons.
TITLE II—EQUAL PROTECTION FOR VICTIMS
Subtitle A—Victims’ Rights
Sec. 201. Right of the victim to fair treatment in legal proceedings.
Sec. 202. Right of the victim to an impartial jury.
Sec. 203. Victim’s right of allocution in sentencing.
Sec. 204. Enforcement of restitution orders through suspension of Federal ben-
efits.
Sec. 205. Prohibition of retaliatory killings of witnesses, victims and inform-
ants.
Subtitle B—Judicial Reform
Sec. 211. Admissibility of evidence of similar crimes in sex offense cases.
Sec. 212. Extension and strengthening of rape victim shield law.
Sec. 213. Inadmissibility of evidence to show provocation or invitation by victim
in sex offense cases.
Sec. 214. Admissibility of certain evidence.
Sec. 215. General safeguards against racial prejudice or bias in the tribunal.
Sec. 216. Protection of jurors and witnesses in capital cases.
Sec. 217. Protection of court officers and jurors.
Sec. 218. Death penalty for murder of Federal witnesses.
Sec. 219. Amendment of restitution provisions.
TITLE III—PROTECTING FAMILIES AND COMMUNITIES
Subtitle A—Safe Neighborhoods
Sec. 301. Increased penalties for drug trafficking near schools.
Sec. 302. Federal safe school districts.
Sec. 303. Enhanced local law enforcement.
Sec. 304. Authorization of appropriations.
Sec. 305. Community policing grants.
Sec. 306.
Addition of anti-gang byrne grant funding objective.
Sec. 307.
Increased penalties for drug trafficking near public housing.
Subtitle B—Crimes Against Children
Sec. 311. Death penalty for murder during the sexual exploitation of children.
Sec. 312. Increased penalties for sex offenses against victims below the age of
16.
Sec. 313. Penalties for international trafficking in child pornography.
Sec. 314.
Increased penalties for assaults against children.
Sec. 315.
Increased penalties for drug distribution to pregnant women.
Sec. 316.
Interstate enforcement of child support orders.
Sec. 317.
Increased penalties for using minors in drug trafficking and drug
distribution to minors.
Sec. 318.
Increased penalties for using a minor in commission of a Federal
offense.
Sec. 319.
International parental kidnapping.
Sec. 320.
State court programs regarding international parental child abduc-
tion.
Sec. 321.
Kidnapping.
Subtitle C—Punishment of Serious Juvenile Offenders
Sec. 331. Serious juvenile drug offenses as armed career criminal act predi-
cates.
Sec. 332. Amendments concerning records of crimes committed by juveniles.
Sec. 333. Prosecution as adults of violent juvenile offenders.
TITLE IV—PROTECTION OF WOMEN
Subtitle A—Spouse Abuse and Stalking
Sec. 401. Interstate travel to commit spouse abuse or to violate protective
order; interstate stalking.
Sec. 402. Full faith and credit for protective orders.
Subtitle B—Sex Offenses and Punishment
Sec. 411. Civil remedy for victims of sexual violence.
Sec. 412. Extension and strengthening of restitution.
Sec. 413. Pre-trial detention in sex offense cases.
Sec. 414. Mandatory life imprisonment for forcible rape.
Sec. 415. Death penalty for rape and child molestation murders.
Sec. 416. Increased penalties for recidivist sex offenders.
Sec. 417. Sentencing guidelines increase for sex offenses.
Sec. 418. Hiv testing and penalty enhancement in sexual offense cases.
TITLE V—PREVENTION OF TERRORISM
Subtitle A—Enhanced Controls on Entry into the United States
Sec. 501. Exclusion based on membership in terrorist organization of advocacy
of terrorism.
Sec. 502. Admissions fraud.
Sec. 503. Inspection and exclusion by immigration officers.
Sec. 504. Judicial review.
Sec. 505. Conforming amendments.
Sec. 506. Effective date.
Subtitle B—Deportation of Alien Terrorists
Sec. 511. Removal of alien terrorists.
Subtitle C—Penalties for Engaging in Terrorism
Sec. 521. Providing material support to terrorism.
Sec. 522. Sentencing guidelines increase for terrorist crimes.
Sec. 523. Extension of the statute of limitations for certain terrorism offenses.
Sec. 524. Enhanced penalties for certain offenses.
Sec. 525. Implementation of the 1988 protocol for the suppression of unlawful
acts of violence at airports serving international civil aviation.
Sec. 526. Amendment to Federal aviation act.
Sec. 527. Offenses of violence against maritime navigation or fixed platforms.
Sec. 528. Weapons of mass destruction.
Sec. 529. National task force on counterterrorism.
Sec. 530. Death penalty for death caused by the use of a bomb or other de-
structive device.
TITLE VI—CRIMINAL ALIENS AND ALIEN SMUGGLING
Subtitle A—Deportation of Criminal Aliens
Sec. 601. Expediting criminal alien deportation and exclusion.
Sec. 602. Authorizing registration of aliens on criminal probation or criminal
parole.
Sec. 603. Expansion in definition of ‘‘aggravated felony’’.
Sec. 604. Deportation procedures for certain criminal aliens who are not per-
manent residents.
Sec. 605. Judicial deportation.
Sec. 606. Restricting defenses to deportation for certain criminal aliens.
Sec. 607. Enhancing penalties for failing to depart, or reentering, after final
order of deportation.
Sec. 608. Miscellaneous and technical changes.
Sec. 609. Authorization of appropriations for criminal alien information system.
Subtitle B—Prevention and Punishment of Alien Smuggling
Sec. 611. Border patrol agents.
Sec. 612. Border patrol investigators.
Sec. 613.
Enhanced penalties for certain alien smuggling.
TITLE VII—EXPANDING PRISON CAPACITY
Sec. 701. Use of private activity bonds.
Sec. 702. Federal-State partnerships for regional prisons.
Sec. 703. Non-applicability of Davis-Bacon to prison construction.
Sec. 704. Actions challenging conditions of confinement.
Sec. 705. Conversion of property and facilities at closed or realigned military
installations into youthful offender boot camps.
Sec. 706. Grants for boot camps.
Sec. 707. Restricted Federal court jurisdiction in imposing remedies on State
and Federal prison systems.
TITLE VIII—ELIMINATION OF DELAYS IN CARRYING OUT
SENTENCES
Subtitle A—Post Conviction Petitions: General Habeas Corpus Reform
Sec. 801. Period of limitation for filing writ of habeas corpus following final
judgment of a State court.
Sec. 802. Authority of appellate judges to issue certificates of probable cause
for appeal in habeas corpus and Federal collateral relief pro-
ceedings.
Sec. 803. Conforming amendment to the rules of appellate procedure.
Sec. 804. Discretion to deny habeas corpus application despite failure to ex-
haust State remedies.
Sec. 805. Period of limitation for Federal prisoners filing for collateral remedy.
Subtitle B—Special Procedures for Collateral Proceedings in Capital Cases
Sec. 811. Death penalty litigation procedures.
Subtitle C—Funding for Litigation of Federal Habeas Corpus Petitions in
Capital Cases
Sec. 821. Funding for death penalty prosecutions.
TITLE IX—PUBLIC CORRUPTION
Sec. 901. Offenses.
Sec. 902. Interstate commerce.
Sec. 903. Narcotics-related public corruption.
TITLE X—FUNDING
Sec. 1001. Reduction in overhead costs incurred in federally sponsored re-
search.
Sec. 1002. Overhead expense reduction.
TITLE I—PUNISHING VIOLENT
CRIME
Subtitle A—Violent Felonies and
Drug Offenses
SEC. 101. LIFE IMPRISONMENT OR DEATH PENALTY FOR
SECOND FEDERAL VIOLENT FELONY CONVIC-
TION.
Section 3581 of title 18, United States Code, is
amended by adding at the end the following:
‘‘(c) PUNISHMENT OF CERTAIN VIOLENT FELONS.—
‘‘(1) GENERAL
RULE.—Notwithstanding any
other provision of law, in the case of a conviction for
a Federal violent felony, the court shall sentence the
defendant to prison for life if the defendant has pre-
viously been convicted of another violent felony and
if a death results from the violent felony, the defend-
ant shall be subject to the death penalty.
‘‘(2) DEFINITION.—As used in this section the
term ‘‘violent felony’’ is a State or Federal offense—
‘‘(A) that involves the threatened use, use,
or the risk of use of physical force against the
person of another;
‘‘(B) for which the maximum authorized
imprisonment exceeds one year; and
‘‘(C) which is not designated a mis-
demeanor by the law that defines the offense.
‘‘(3) RULE
OF
CONSTRUCTION.—This sub-
section shall not be construed to prevent the imposi-
tion of the death penalty.’’.
SEC. 102. DENIAL OF FEDERAL BENEFITS TO PERSONS
CONVICTED OF CRIMES OF VIOLENCE.
(a) IN GENERAL.—Any individual who is convicted
of any Federal or State crime of violence (as defined in
section 16 of title 18, United States Code, shall—
(1) at the discretion of the court, upon the first
conviction for such a crime, be ineligible for any or
all Federal benefits for up to 5 years after such con-
viction;
(2) at the discretion of the court, upon a second
conviction for such a crime, be ineligible for any or
all Federal benefits for up to 10 years after such
conviction; and
(3) upon a third or subsequent conviction for
such a crime, be permanently ineligible for all Fed-
eral benefits.
(b) DEFINITION.—As used in this section, the term
‘‘Federal benefit’’ means the issuance of any grant, con-
tract, loan, professional license, or commercial licence pro-
vided by an agency of the United States or by appro-
priated funds of the United States, but does not include
any retirement or pension payment.
SEC. 103. ELIMINATION OF JUDICIAL DISCRETION IN DE-
NIAL OF FEDERAL BENEFITS IN CASES OF
CERTAIN DRUG OFFENSES.
Section 5301 of the Anti-Drug Abuse Act of 1988
is amended—
(1) in subsection (a)—
(A) by striking ‘‘at the discretion of the
court,’’ each place it appears;
(B) by striking ‘‘any or’’ each place it
appears; and
(C) by striking ‘‘up to’’ each place it ap-
pears; and
(2) in subsection (b)—
(A) in paragraph (1)(A), by striking ‘‘and
at the discretion of the court—’’ and all that
follows through clause (iv) of such paragraph,
and inserting ‘‘be ineligible for any Federal
benefits for one year;’’;
(B) in paragraph (1)(B)—
(i) by striking ‘‘up to’’; and
(ii) by striking ‘‘as determined by the
court’’; and
(C) by striking ‘‘The court shall continue’’
and all that follows through ‘‘under clause (i).’’.
SEC. 104. ENHANCED PENALTY FOR DISCHARGE OF A FIRE-
ARM DURING AND IN RELATION TO A CRIME
OF VIOLENCE OR DRUG TRAFFICKING CRIME.
Section 924(c)(1) of title 18, United States Code, is
amended in the 1st sentence by inserting ‘‘and if the fire-
arm is discharged, to imprisonment for 20 years’’ before
the period.
the court shall not place on probation or suspend the
sentence of any person sentenced under the preced-
ing sentence.’’.
(b) EMPLOYMENT OF PERSONS UNDER 18 YEARS OF
AGE.—Section 420 of the Controlled Substances Act (21
U.S.C. 861) is amended—
(1) in subsection (b) by adding at the end the
following: ‘‘Except to the extent a greater minimum
sentence is otherwise provided, a term of imprison-
ment of a person 21 or more years of age convicted
under this subsection shall be not less than 10 years.
Notwithstanding any other provision of law, the
court shall not place on probation or suspend the
sentence of any person sentenced under the preced-
ing sentence.’’; and
(2) in subsection (c) (penalty for second of-
fenses) by inserting after the second sentence the
following: ‘‘Except to the extent a greater minimum
sentence is otherwise provided, a term of imprison-
ment of a person 21 or more years of age convicted
under this subsection shall be a mandatory term of
life imprisonment. Notwithstanding any other provi-
sion of law, the court shall not place on probation
or suspend the sentence of any person sentenced
under the preceding sentence.’’.
SEC. 106. DRUG TESTING OF FEDERAL OFFENDERS ON
POST-CONVICTION RELEASE.
(a) DRUG TESTING PROGRAM.—(1) Chapter 229 of
title 18, United States Code, is amended by adding at the
end the following:
‘‘§ 3608. Drug testing of Federal offenders on post-
conviction release
‘‘The Director of the Administrative Office of the
United States Courts, in consultation with the Attorney
General and the Secretary of Health and Human Services,
shall, as soon as is practicable after the effective date of
this section, establish a program of drug testing of Federal
offenders on post-conviction release. The program shall in-
clude such standards and guidelines as the Director may
determine necessary to ensure the reliability and accuracy
of the drug testing programs. In each district where it is
feasible to do so, the chief probation officer shall arrange
for the drug testing of defendants on post-conviction re-
lease pursuant to a conviction for a felony or other offense
described in section 3563(a)(4) of this title.’’.
(2) The table of sections at the beginning of chapter
229 of title 18, United States Code, is amended by adding
at the end the following:
‘‘3608. Drug testing of Federal offenders on post-conviction release.’’.
(b) DRUG TESTING CONDITION FOR PROBATION.—
(1) Section 3563(a) of title 18, United States
Code, is amended—
(A) in paragraph (2), by striking out
‘‘and’’;
(B) in paragraph (3), by striking out the
period and inserting ‘‘; and’’; and
(C) by adding after paragraph (3) the fol-
lowing:
‘‘(4) for a felony, an offense involving a firearm
as defined in section 921 of this title, a drug or nar-
cotic offense as defined in section 404(c) of the Con-
trolled Substances Act (21 U.S.C. 844(c)), or a
crime of violence as defined in section 16 of this
title, that the defendant refrain from any unlawful
use of the controlled substance and submit to peri-
odic drug tests (as determined by the court) for use
of a controlled substance. This latter condition may
be suspended or ameliorated upon request of the Di-
rector of the Administrative Office of the United
States Courts, or the Director’s designee. In addi-
tion, the Court may decline to impose this condition
for any individual defendant, if the defendant’s
presentence report or other reliable sentencing infor-
mation indicates a low risk of future substance
abuse by the defendant. A defendant who tests posi-
tive may be detained pending verification of a drug
test result.’’.
(2) DRUG
TESTING
FOR
SUPERVISED
RE-
LEASE.—Section 3583(d) of title 18, United States
Code, is amended by inserting after the first sen-
tence the following: ‘‘For a defendant convicted of a
felony or other offense described in section
3563(a)(4) of this title, the court shall also order, as
an explicit condition of supervised release, that the
defendant refrain from any unlawful use of a con-
trolled substance and submit to periodic drug tests
(as determined by the court), for use of a controlled
substance. This latter condition may be suspended
or ameliorated as provided in section 3563(a)(4) of
this title.’’.
(3) DRUG TESTING IN CONNECTION WITH PA-
ROLE.—Section 4209(a) of title 18, United States
Code, is amended by inserting after the first sen-
tence the following: ‘‘If the parolee has been con-
victed of a felony or other offense described in sec-
tion 3563(a)(4) of this title, the Commission shall
also impose as a condition of parole that the parolee
refrain from any unlawful use of a controlled sub-
stance and submit to periodic drug tests (as deter-
mined by the Commission) for use of a controlled
substance. This latter condition may be suspended
or ameliorated as provided in section 3563(a)(4) of
this title.’’.
(c) REVOCATION OF RELEASE.—
(1) REVOCATION
OF
PROBATION.—The last
sentence of section 3565(a) of title 18, United
States Code, is amended by inserting ‘‘or unlawfully
uses a controlled substance or refuses to cooperate
in drug testing, thereby violating the condition im-
posed by section 3563(a)(4),’’ after ‘‘3563(a)(3)’’.
(2) REVOCATION OF SUPERVISED RELEASE.—
Section 3583(g) of title 18, United States Code, is
amended by inserting ‘‘or unlawfully uses a con-
trolled substance or refuses to cooperate in drug
testing imposed as a condition of supervised re-
lease,’’ after ‘‘substance’’.
(3) REVOCATION OF PAROLE.—Section 4214(f)
of title 18, United States Code, is amended by in-
serting after ‘‘substance’’ the following: ‘‘, or who
unlawfully uses a controlled substance or refuses to
cooperate in drug testing imposed as a condition of
parole,’’.
SEC. 107. STRENGTHENING THE ARMED CAREER CRIMI-
NALS ACT.
Section 924(e)(2)(A) of title 18, United States Code,
as amended by section 151 of this Act, is amended—
(1) in clause (ii), by striking ‘‘or’’ at the end;
(2) in clause (iii), by adding ‘‘or’’ at the end;
and
(3) by adding at the end the following:
‘‘(iv) an offense under State law which, if
it had been prosecuted as a violation of the
Controlled Substances Act at the time of the of-
fense and because of the type and quantity of
the controlled substance involved, would have
been punishable by a maximum term of impris-
onment of 10 years or more;’’.
SEC. 108. MANDATORY PENALTIES FOR FIREARMS POSSES-
SION BY VIOLENT FELONS AND SERIOUS
DRUG OFFENDERS.
(a) 1 PRIOR CONVICTION.—Section 924(a)(2) of title
18, United States Code, is amended by inserting ‘‘, and
if the violation is of section 922(g)(1) by a person who
has a previous conviction for a violent felony (as defined
in subsection (e)(2)(B) of this section) or a serious drug
offense (as defined in subsection (e)(2)(A) of this section),
a sentence imposed under this paragraph shall include a
term of imprisonment of not less than 5 years’’ before the
period.
(b) 2 PRIOR CONVICTIONS.—Section 924 of such
title, as amended by sections 430 and 705(e) of this Act,
is amended by adding at the end the following:
‘‘(l)(1) Notwithstanding subsection (a)(2) of this sec-
tion, any person who violates section 922(g) and has 2
previous convictions by any court referred to in section
922(g)(1) for a violent felony (as defined in subsection
(e)(2)(B) of this section) or a serious drug offense (as de-
fined in subsection (e)(2)(A) of this section) committed
on occasions different from one another shall be fined
under this title, imprisoned not less than 10 years and
not more than 20 years, or both.
‘‘(2) Notwithstanding any other provision of law, the
court shall not suspend the sentence of, or grant a proba-
tionary sentence to, a person described in paragraph (1)
of this subsection with respect to the conviction under sec-
tion 922(g).’’.
SEC. 109. MANDATORY MINIMUM SENTENCE FOR UNLAW-
FUL POSSESSION OF A FIREARM BY CON-
VICTED FELON, FUGITIVE FROM JUSTICE, OR
TRANSFEROR 
OR 
RECEIVER 
OF 
STOLEN
FIREARM.
Section 924(a) of title 18, United States Code, is
amended by adding at the end the following:
‘‘(6) Whoever knowingly possesses a firearm in viola-
tion of paragraph (1) or (2) of section 922(g), or in viola-
tion of subsection (i) or (j), shall be imprisoned not less
than 5 years. Notwithstanding any other provision of law,
the court shall not impose a probationary sentence on, or
suspend the sentence of, any person convicted under this
paragraph, nor shall the term of imprisonment imposed
under this paragraph run concurrently with any other
term of imprisonment imposed under any other provision
of law.’’.
SEC. 110. INCREASE IN GENERAL PENALTY FOR VIOLATION
OF FEDERAL FIREARMS LAWS.
Section 924(a)(1) of title 18, United States Code, is
amended—
(1) by striking ‘‘not more than $5,000’’ and in-
serting ‘‘under this title’’; and
(2) by striking ‘‘five’’ and inserting ‘‘10’’.
SEC. 111. INCREASE IN ENHANCED PENALTIES FOR POS-
SESSION OF FIREARM IN CONNECTION WITH
CRIME OF VIOLENCE OR DRUG TRAFFICKING
CRIME.
Section 924(c)(1) of title 18, United States Code, is
amended—
(1) by striking ‘‘five’’ and inserting ‘‘10’’; and
(2) by striking ‘‘twenty’’ and inserting ‘‘30’’.
SEC. 112. SMUGGLING FIREARMS IN AID OF DRUG TRAF-
FICKING OR VIOLENT CRIME.
Section 924 of title 18, United States Code, as
amended by sections 430, 705(e), and 714(b) of this Act,
is amended by adding at the end the following:
‘‘(m) 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) of this section;
smuggles or knowingly brings into the United States a
firearm, or attempts to do so, shall be imprisoned for not
more than 10 years, fined under this title, or both.’’.
SEC. 113. DEFINITION OF CONVICTION UNDER CHAPTER 44.
Section 921(a)(20) of title 18, United States Code,
is amended in the 3rd sentence by inserting ‘‘(other than
for a violent felony (as defined in section 924(e)(2)(B))
involving the threatened or actual use of a firearm or ex-
plosive, or for a serious drug offense (as defined in section
924(e)(2)(A)))’’ after ‘‘Any conviction’’.
SEC. 114. DEFINITION OF SERIOUS DRUG OFFENSE UNDER
THE ARMED CAREER CRIMINAL ACT.
Section 924(e)(2)(A) of title 18, United States Code,
as amended by sections 151 and 713 of this Act, is amend-
ed—
(1) by striking ‘‘or’’ at the end of clause (iii);
(2) by inserting ‘‘or’’ at the end of clause (iv);
and
(3) by adding at the end the following:
‘‘(v) an offense under State law that, if it were
prosecuted as a violation of the Controlled Sub-
stances Act (21 U.S.C. 801 et seq.) as that Act pro-
vided at the time of the offense, would be punishable
by a maximum term of imprisonment of 10 years or
more;’’.
SEC. 115. DEFINITION OF BURGLARY UNDER THE ARMED
CAREER CRIMINAL ACT.
Section 924(e)(2) of title 18, United States Code, is
amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (B);
(2) by striking the period at the end of sub-
paragraph (C) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(D) the term ‘burglary’ means a crime that—
‘‘(i) consists of entering or remaining sur-
reptitiously in a building that is the property of
another person with intent to engage in conduct
constituting a Federal or State offense; and
‘‘(ii) is punishable by a term of imprison-
ment exceeding 1 year.’’.
SEC. 116. TEMPORARY PROHIBITION AGAINST POSSESSION
OF A FIREARM BY, OR TRANSFER OF A FIRE-
ARM TO, PERSONS CONVICTED OF A DRUG
CRIME.
(a) TEMPORARY PROHIBITION.—Section 922 of title
18, United States Code, is amended by adding at the end
the following:
‘‘(v)(1)(A) Except as provided in paragraph (2), it
shall be unlawful for any individual who has been con-
victed in any court of a drug crime to possess a firearm
during the period described in subparagraph (B).
‘‘(B) The period described in this subparagraph is the
period that begins with the date the individual committed
the drug crime and ends 5 years after the most recent
date (occurring after the commission of such crime) on
which the individual has committed a drug crime or has
violated any Federal or State law relating to firearms.
‘‘(2) Paragraph (1) shall not apply with respect to
convictions occurring on or before the date of the enact-
ment of this subsection.
‘‘(w)(1)(A) Except as provided in paragraph (2), it
shall be unlawful for any person to transfer a firearm to
any individual knowing or having reasonable cause to be-
lieve that the individual is under indictment for a drug
crime.
‘‘(B)(i) Except as provided in paragraph (2), it shall
be unlawful for any person, during the period described
in clause (ii), to transfer a firearm to any individual know-
ing or having reasonable cause to believe that the individ-
ual has been convicted in any court of a drug crime.
‘‘(ii) The period described in this clause is the period
that begins with the date the individual committed the
drug crime and ends 5 years after the most recent date
(occurring after the commission of such crime) on which
the individual has committed a drug crime or has violated
any Federal or State law relating to firearms.
‘‘(2) The second sentence of subsection (d) shall
apply in like manner to paragraph (1) of this subsection.’’.
(b) PENALTY.—Section 924(a)(1)(B) of such title is
amended by striking ‘‘or (q)’’ and inserting ‘‘(r), (v)(1),
or (w)(1)’’.
(c) ENHANCED PENALTIES FOR POSSESSION OF A
FIREARM DURING A DRUG CRIME.—Section 924 of such
title, as amended by sections 430, 705(e), 714(b), and 718
of this Act, is amended by adding at the end the following:
‘‘(n) Whoever, during and in relation to a drug crime
(including a drug crime which provides for an enhanced
punishment if committed by the use of a deadly or dan-
gerous weapon or device) for which he may be prosecuted
in a court of the United States, possesses a firearm, in
addition to the punishment provided for such drug crime,
may be sentenced to imprisonment for not less than 15
days and not more than 2 years, and shall be fined not
less than $2,500 and not more than $10,000, and if the
firearm is a machine gun, or is equipped with a firearm
silencer or firearm muffler, shall be sentenced to imprison-
ment for 15 years. In the case of a second or subsequent
conviction under this subsection, such person shall be sen-
tenced to imprisonment for not less than 15 days and not
more than 2 years, and shall be fined not less than $2,500
and not more than $10,000, and if the firearm is a ma-
chine gun, or is equipped with a firearm silencer or fire-
arm muffler, shall be sentenced to imprisonment for 30
years. Notwithstanding any other provision of law, the
court shall not impose a probationary sentence on, or sus-
pend the sentence of, any person convicted of a violation
of this subsection, nor shall the term of imprisonment im-
posed under this subsection run concurrently with any
other term of imprisonment including that imposed for the
drug crime in which the firearm was possessed.’’.
(d) DEFINITION OF DRUG CRIME.—Section 921(a)
of such title is amended by adding at the end the follow-
ing:
‘‘(30) The term ‘drug crime’ means any offense
(other than a drug trafficking crime) punishable by im-
prisonment under—
‘‘(A) any Act specified in section 924(c)(2); or
‘‘(B) any State law involving the possession,
distribution, or manufacture of a controlled sub-
stance (as defined in section 102 of the Controlled
Substances Act).’’.
Subtitle B—Capital Offenses
SEC. 121. PROCEDURES FOR ENFORCING DEATH PENALTY.
Title 18 of the United States Code is amended—
(1) by adding the following new chapter after
chapter 227:
‘‘CHAPTER 228—DEATH PENALTY
PROCEDURES
‘‘Sec.
‘‘3591. Sentence of death.
‘‘3592. Factors to be considered in determining whether a sentence of death is
justified.
‘‘3593. Special hearing to determine whether a sentence of death is justified.
‘‘3594. Imposition of a sentence of death.
‘‘3595. Review of a sentence of death.
‘‘3596. Implementation of a sentence of death.
‘‘3597. Use of State facilities.
‘‘3598. Appointment of counsel.
‘‘3599. Collateral attack on judgment imposing sentence of death.
‘‘3600. Application in 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;
‘‘(2) an offense described in section 1751(c) of
this title if the offense, as determined beyond a rea-
sonable doubt at a hearing under section 3593, con-
stitutes an attempt to murder the President of the
United States and results in bodily injury to the
President or comes dangerously close to causing the
death of the President;
‘‘(3) an offense referred to in section 408(c)(1)
of the Controlled Substances Act (21 U.S.C.
848(c)(1)), committed as part of a continuing crimi-
nal enterprise offense under the conditions described
in subsection (b) of that section which involved not
less than twice the quantity of controlled substance
described in subsection (b)(2)(A) or twice the gross
receipts described in subsection (b)(2)(B);
‘‘(4) an offense referred to in section 408(c)(1)
of the Controlled Substances Act (21 U.S.C.
848(c)(1)), committed as part of a continuing crimi-
nal enterprise offense under that section, where the
defendant is a principal administrator, organizer, or
leader of such an enterprise, and the defendant, in
order to obstruct the investigation or prosecution of
the enterprise or an offense involved in the enter-
prise, attempts to kill or knowingly directs, advises,
authorizes, or assists another to attempt to kill any
public officer, juror, witness, or members of the fam-
ily or household of such a person;
‘‘(5) an offense constituting a felony violation of
the Controlled Substances Act (21 U.S.C. 801 et
seq.) or the Controlled Substances Import and Ex-
port Act (21 U.S.C. 951 et seq.), or the Maritime
Drug Law Enforcement Act (46 U.S.C. App. 1901
et seq.), where the defendant, intending to cause
death or acting with reckless disregard for human
life, engages in such a violation, and the death of
another person results in the course of the violation
or from the use of the controlled substance involved
in the violation; or
‘‘(6) any other offense for which a sentence of
death is provided, if the defendant, as determined
beyond a reasonable doubt at a hearing under sec-
tion 3593, caused the death of a person inten-
tionally, knowingly, or through recklessness mani-
festing extreme indifference to human life, or caused
the death of a person through the intentional inflic-
tion of serious bodily injury;
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. However, no per-
son may be sentenced to death who was less than eighteen
years of age at the time of the offense.
‘‘§ 3592. Factors to be considered in determining
whether to recommend a sentence of
death
‘‘(a) MITIGATING FACTORS.—In determining wheth-
er to recommend a sentence of death, the jury, or if there
is no jury, the court, shall consider whether any aspect
of the defendant’s character, background, or record, or
any circumstance of the offense that the defendant may
proffer as a mitigating factor exists, including the follow-
ing:
‘‘(1) MENTAL
CAPACITY.—The defendant’s
mental capacity to appreciate the wrongfulness of
his conduct or to conform his conduct to the require-
ments of law was significantly impaired.
‘‘(2) DURESS.—The defendant was under un-
usual and substantial duress.
‘‘(3) PARTICIPATION IN OFFENSE MINOR.—The
defendant’s participation in the offense, which was
committed by another, was relatively minor.
‘‘(4) NO
SIGNIFICANT
CRIMINAL
HISTORY.—
The defendant did not have a significant history of
other criminal conduct.
‘‘(5) DISTURBANCE.—The defendant committed
the offense under severe mental or emotional dis-
turbance.
‘‘(6) VICTIM’S CONSENT.—The victim consented
to the criminal conduct that resulted in the victim’s
death.
‘‘(b) AGGRAVATING FACTORS FOR ESPIONAGE AND
TREASON.—In determining whether to recommend a sen-
tence of death for an offense described in section 3591(1),
the jury, or if there is no jury, the court, shall consider
any aggravating factor for which notice has been provided
under section 3593 of this title, including the following
factors:
‘‘(1) PREVIOUS ESPIONAGE OR TREASON CON-
VICTION.—The defendant has previously been con-
victed of another offense involving espionage or trea-
son for which a sentence of life imprisonment or
death was authorized by statute.
‘‘(2) RISK OF SUBSTANTIAL DANGER TO NA-
TIONAL SECURITY.—In the commission of the of-
fense the defendant knowingly created a grave risk
to the national security.
‘‘(3) RISK
OF
DEATH
TO
ANOTHER.—In the
commission of the offense the defendant knowingly
created a grave risk of death to another person.
‘‘(c) AGGRAVATING FACTORS FOR HOMICIDE AND
FOR ATTEMPTED MURDER OF THE PRESIDENT.—In de-
termining whether to recommend a sentence of death for
an offense described in paragraph (2) or (6) of section
3591 of this title, the jury, or if there is no jury, the court,
shall consider any aggravating factor for which notice has
been provided under section 3593 of this title, including
the following factors:
‘‘(1) CONDUCT OCCURRED DURING COMMISSION
OF SPECIFIED CRIMES.—The conduct resulting in
death occurred during the commission or attempted
commission of, or during the immediate flight from
the commission of, an offense under section 32 (de-
struction of aircraft or aircraft facilities), section 33
(destruction 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), section
751 (prisoners in custody of institution or officer),
section 794 (gathering or delivering defense informa-
tion to aid foreign government), section 844(d)
(transportation of explosives in interstate commerce
for certain purposes), section 844(f) (destruction of
Government property by explosives), section 844(i)
(destruction of property affecting interstate com-
merce by explosives), section 1116 (killing or at-
tempted killing of diplomats), section 1118 (pris-
oners serving life term), section 1201 (kidnapping),
section 1203 (hostage taking), section 1751 (violence
against the President or Presidential staff), section
1992 (wrecking trains), chapter 109A (sexual
abuse), chapter 110 (sexual abuse of children), sec-
tion 2261 (domestic violence and stalking) section
2280 (maritime violence), section 2281 (maritime
platform violence), section 2332 (terrorist acts
abroad against United States nationals), section
2339 (use of weapons of mass destruction), section
2381 (treason), or section 2423 (transportation of
minors for sexual activity) of this title, section 1826
of title 28 (persons in custody as recalcitrant wit-
nesses or hospitalized following insanity acquittal),
or section 902 (i) or (n) of the Federal Aviation Act
of 1958, as amended (49 U.S.C. App. 1472 (i) or
(n) (aircraft piracy)).
‘‘(2) INVOLVEMENT OF FIREARM OR PREVIOUS
CONVICTION OF VIOLENT FELONY INVOLVING FIRE-
ARM.—The defendant—
‘‘(A) during and in relation to the commis-
sion of the offense or in escaping or attempting
to escape apprehension used or possessed a fire-
arm as defined in section 921 of this title; or
‘‘(B) has previously been convicted of a
Federal or State offense punishable by a term
of imprisonment of more than one year, involv-
ing 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 death was author-
ized by statute.
‘‘(4) PREVIOUS CONVICTION OF OTHER SERI-
OUS OFFENSES.—The defendant has previously been
convicted of two or more Federal or State offenses,
each punishable by a term of imprisonment of more
than one year, committed on different occasions, in-
volving the importation, manufacture, or distribution
of a controlled substance (as defined in section 102
of the Controlled Substances Act (21 U.S.C. 802))
or 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 or attempting to escape ap-
prehension, knowingly created a grave risk of death
to one or more persons in addition to the victim of
the offense.
‘‘(6) HEINOUS, CRUEL OR DEPRAVED MANNER
OF COMMISSION.—The defendant committed the of-
fense in an especially heinous, cruel, or depraved
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) COMMISSION OF THE OFFENSE FOR PECU-
NIARY GAIN.—The defendant committed 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.
‘‘(10) VULNERABILITY OF VICTIM.—The victim
was particularly vulnerable due to old age, youth, or
infirmity.
‘‘(11) TYPE OF VICTIM.—The defendant com-
mitted the offense against—
‘‘(A) the President of the United States,
the President-elect, the Vice President, the Vice
President-elect, the Vice President-designate,
or, if there was no Vice President, the officer
next in order of succession to the office of the
President of the United States, or any person
acting as President under the Constitution 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 that official was
in the United States on official business; or
‘‘(D) a Federal public servant who was
outside of the United States or who was a Fed-
eral judge, a Federal law enforcement officer,
an employee (including a volunteer or contract
employee) of a Federal prison, or an official of
the Federal Bureau of Prisons—
‘‘(i) while such public servant was en-
gaged in the performance of his official du-
ties;
‘‘(ii) because of the performance of
such public servant’s official duties; or
‘‘(iii) because of such public servant’s
status as a public servant.
For purposes of this paragraph, the terms ‘Presi-
dent-elect’ and ‘Vice President-elect’ mean such per-
sons as are the apparent successful candidates for
the offices of President and Vice President, respec-
tively, as ascertained from the results of the general
elections held to determine the electors of President
and Vice President in accordance with title 3,
United States Code, sections 1 and 2; a ‘Federal law
enforcement officer’ is a public servant authorized
by law or by a Government agency or Congress to
conduct or engage in the prevention, investigation,
or prosecution of an offense; ‘Federal prison’ means
a Federal correctional, detention, or penal facility,
Federal community treatment center, or Federal
halfway house, or any such prison operated under
contract with the Federal Government; and ‘Federal
judge’ means any judicial officer of the United
States, and includes a justice of the Supreme Court
and a United States magistrate judge.
‘‘(12) PRIOR CONVICTION OF SEXUAL ASSAULT
OR CHILD MOLESTATION.—
‘‘(A) IN GENERAL.—In the case of an of-
fense under chapter 109A (sexual abuse) or
chapter 110 (sexual abuse of children), the de-
fendant has previously been convicted of a
crime of sexual assault or crime of child moles-
tation.
‘‘(B) DEFINITIONS.—As used in this para-
graph—
‘‘(i) the term ‘crime of sexual assault’
means a crime under Federal or State law
that involves—
‘‘(I) contact between any part of
the defendant’s body or an object and
the genitals or anus of another per-
son, without the consent of that per-
son;
‘‘(II) contact between the geni-
tals or anus of the defendant and any
part of the body of another person,
without the consent of that person;
‘‘(III) deriving sexual pleasure or
gratification from the infliction of
death, bodily injury, or physical pain
on another person; or
‘‘(IV) an attempt or conspiracy
to engage in any conduct described in
subclauses (I) through (III) of this
clause;
‘‘(ii) the term ‘crime of child molesta-
tion’ means a crime of sexual assault in
which a child was the victim of the assault,
and for the purposes of this clause, a child
shall be considered not to have consented
to any of the contact referred to in clause
(i); and
‘‘(iii) the term ‘child’ means a person
below the age of 14 years.’’.
‘‘(d) AGGRAVATING FACTORS FOR DRUG OFFENSE
DEATH
PENALTY.—In determining whether to rec-
ommend a sentence of death for an offense described in
paragraph (3), (4), or (5) of section 3591, the jury, or
if there is no jury, the court, shall consider any aggravat-
ing factor for which notice has been provided under section
3593 of this title, including the following factors:
‘‘(1) 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 death was author-
ized by statute.
‘‘(2) PREVIOUS CONVICTION OF OTHER SERI-
OUS OFFENSES.—The defendant has previously been
convicted of two or more Federal or State offenses,
each punishable by a term of imprisonment of more
than one year, committed on different occasions, in-
volving the importation, manufacture, or distribution
of a controlled substance (as defined in section 102
of the Controlled Substances Act (21 U.S.C. 802))
or the infliction of, or attempted infliction of, serious
bodily injury or death upon another person.
‘‘(3) PREVIOUS SERIOUS DRUG FELONY CONVIC-
TION.—The defendant has previously been convicted
of another Federal or State offense involving the
manufacture, distribution, importation, or possession
of a controlled substance (as defined in section 102
of the Controlled Substances Act (21 U.S.C. 802))
for which a sentence of five or more years of impris-
onment was authorized by statute.
‘‘(4) USE OF FIREARM.—In committing the of-
fense, or in furtherance of a continuing criminal en-
terprise of which the offense was a part, the defend-
ant used a firearm or knowingly directed, advised,
authorized, or assisted another to use a firearm, as
defined in section 921 of this title, to threaten, in-
timidate, assault, or injure a person.
‘‘(5) DISTRIBUTION TO PERSONS UNDER TWEN-
TY-ONE.—The offense, or a continuing criminal en-
terprise of which the offense was a part, involved
conduct proscribed by section 418 of the Controlled
Substances Act which was committed directly by the
defendant or for which the defendant would be liable
under section 2 of this title.
of the Federal Rules of Criminal Procedure. 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 the section is necessary; or
‘‘(3) before the court alone, upon motion of the
defendant and with the approval of the attorney for
the Government.
A jury impaneled pursuant to paragraph (2) shall consist
of twelve members, unless, at any time before the conclu-
sion 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.—At the hearing, information may be presented as
to—
‘‘(1) any matter relating to any mitigating fac-
tor listed in section 3592 and any other mitigating
factor; and
‘‘(2) any matter relating to any aggravating
factor listed in section 3592 for which notice has
been provided under subsection (a) and (if informa-
tion is presented relating to such a listed factor) any
other aggravating factor for which notice has been
so provided.
The information presented may include the trial transcript
and exhibits. Any other information relevant to such miti-
gating or aggravating factors may be presented by either
the Government or the defendant. The information pre-
sented by the Government in support of factors concerning
the effect of the offense on the victim and the victim’s
family may include oral testimony, a victim impact state-
ment that identifies the victim of the offense and the na-
ture and extent of harm and loss suffered by the victim
and the victim’s family, and other relevant information.
Information is admissible regardless of its admissibility
under the rules governing admission of evidence at crimi-
nal trials, except that information may be excluded if its
probative value is outweighed by the danger of creating
unfair prejudice, confusing the issues, or misleading the
jury. The attorney for the Government and for the defend-
ant 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 that case of im-
posing a sentence of death. The attorney for the Govern-
ment shall open the argument. The defendant shall be per-
mitted to reply. The Government shall then be permitted
to reply in rebuttal. The burden of establishing the exist-
ence of an aggravating factor is on the Government, and
is not satisfied unless the existence of such a factor is es-
tablished beyond a reasonable doubt. The burden of estab-
lishing the existence of any mitigating factor is on the de-
fendant, and is not satisfied unless the existence of such
a factor is established by a preponderance of the evidence.
‘‘(d) FINDINGS OF AGGRAVATING AND MITIGATING
FACTORS.—The jury shall return special findings identify-
ing any aggravating factor or factors for which notice has
been provided under subsection (a) of this section and
which the jury unanimously determines have been estab-
lished by the Government beyond a reasonable doubt. A
mitigating factor is established if the defendant has prov-
en its existence by a preponderance of the evidence, and
any member of the jury who finds the existence of such
a factor may regard it as established for purposes of this
section regardless of the number of jurors who concur that
the factor has been established.
‘‘(e) RETURN OF A FINDING CONCERNING A SEN-
TENCE OF DEATH.—If an aggravating factor required to
be considered under section 3592 is found to exist, the
jury, or if there is no jury, the court, shall then consider
whether the aggravating factor or factors found to exist
under subsection (d) outweigh any mitigating factor or
factors. The jury, or if there is no jury, the court shall
recommend a sentence of death if it unanimously finds at
least one aggravating factor and no mitigating factor or
if it finds one or more aggravating factors which outweigh
any mitigating factors. In any other case, it shall not rec-
ommend a sentence of death. The jury shall be instructed
that it must avoid any influence of sympathy, sentiment,
passion, prejudice, or other arbitrary factors in its deci-
sion, and should make such a recommendation as the in-
formation warrants.
‘‘(f) SPECIAL PRECAUTION TO ASSURE AGAINST DIS-
CRIMINATION.—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 to rec-
ommend a sentence of death, it shall not be influenced
by prejudice or bias relating to the race, color, religion,
national origin, or sex of the defendant or of any victim
and that the jury is not to recommend a sentence of death
unless it has concluded that it would recommend a sen-
tence of death for the crime in question regardless of the
race, color, religion, national origin, or sex of the defend-
ant or of any victim. The jury, upon return of a finding
under subsection (e), shall also return to the court a cer-
tificate, signed by each juror, that prejudice or bias relat-
ing to the race, color, religion, national origin, or sex of
the defendant or any victim did not affect the juror’s indi-
vidual decision and that the individual juror would have
recommended the same sentence for the crime in question
regardless of the race, color, religion, national origin, or
sex of the defendant or any victim.
‘‘§ 3594. Imposition of a sentence of death
‘‘Upon the recommendation under section 3593(e)
that a sentence of death be imposed, the court shall sen-
tence the defendant to death. Otherwise the court shall
impose a sentence, other than death, authorized by law.
Notwithstanding any other provision of law, if the maxi-
mum term of imprisonment for the offense is life imprison-
ment, the court may impose a sentence of life imprison-
ment without the 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 of the sentence must be filed within the time speci-
fied for the filing of a notice of appeal of the judgment
of conviction. An appeal of the sentence under this section
may be consolidated with an appeal of the judgment of
conviction and shall have priority over all other non-capital
matters in the court of appeals.
‘‘(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) If the court of appeals determines that—
‘‘(A) the sentence of death was not im-
posed under the influence of passion, prejudice,
or any other arbitrary factor;
‘‘(B) the evidence and information support
the special findings of the existence of an ag-
gravating factor or factors; and
‘‘(C) the proceedings did not involve any
other prejudicial error requiring reversal of the
sentence that was properly preserved for and
raised on appeal;
it shall affirm the sentence.
‘‘(2) In any other case, the court of appeals
shall remand the case for reconsideration under sec-
tion 3593 or for imposition of another authorized
sentence as appropriate, except that the court shall
not reverse a sentence of death on the ground that
an aggravating factor was invalid or was not sup-
ported by the evidence and information if at least
one aggravating factor required to be considered
under section 3592 remains which was found to
exist and the court, on the basis of the evidence sub-
mitted at trial and the information submitted at the
sentencing hearing, finds no mitigating factor or
finds that the remaining aggravating factor or fac-
tors which were found to exist outweigh any mitigat-
ing factors.
‘‘(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 sentenced to death
under this chapter shall be committed to the custody of
the Attorney General until exhaustion of the procedures
for appeal of the judgment of conviction and review of the
sentence. When the sentence is to be implemented, the At-
torney General shall release the person sentenced to death
to the custody of a United States Marshal. The Marshal
shall supervise implementation of the sentence in the man-
ner prescribed by the law of the State in which the sen-
tence is imposed, or in the manner prescribed by the law
of another State designated by the court if the law of the
State in which the sentence was imposed does not provide
for implementation of a sentence of death.
‘‘(b) SPECIAL BARS TO EXECUTION.—A sentence of
death shall not be carried out upon a person who lacks
the mental capacity to understand the death penalty and
why it was imposed on that person, or upon a woman while
she is pregnant.
‘‘(c) PERSONS MAY DECLINE TO PARTICIPATE.—No
employee of any State department of corrections, the Fed-
eral Bureau of Prisons, or the United States Marshals
Service, and no person providing services to that depart-
ment, bureau, or service under contract shall be required,
as a condition of that employment or contractual obliga-
tion, to be in attendance at or to participate in any execu-
tion carried out under this section if such participation
is contrary to the moral or religious convictions of the em-
ployee. For purposes of this subsection, the term ‘partici-
pate in any execution’ includes personal preparation of the
condemned individual and the apparatus used for the exe-
cution, and supervision of the activities of other personnel
in carrying out such activities.
‘‘§ 3597. Use of State facilities
‘‘A United States Marshal charged with supervising
the implementation of a sentence of death may use appro-
priate 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.
‘‘§ 3598. Appointment of counsel
‘‘(a) REPRESENTATION
OF
INDIGENT
DEFEND-
ANTS.—This section shall govern the appointment of coun-
sel for any defendant against whom a sentence of death
is sought, or on whom a sentence of death has been im-
posed, for an offense against the United States, where the
defendant is or becomes financially unable to obtain ade-
quate representation. Such a defendant shall be entitled
to appointment of counsel from the commencement of trial
proceedings until one of the conditions specified in section
3599(b) of this title has occurred. This section shall not
affect the appointment of counsel and the provision of an-
cillary legal services under section 848(q) (4) through (10)
of title 21, United States Code.
‘‘(b) REPRESENTATION BEFORE FINALITY OF JUDG-
MENT.—A defendant within the scope of this section shall
have counsel appointed for trial representation as provided
in section 3005 of this title. At least one counsel so ap-
pointed shall continue to represent the defendant until the
conclusion of direct review of the judgment, unless re-
placed by the court with other qualified counsel.
‘‘(c) REPRESENTATION AFTER FINALITY OF JUDG-
MENT.—When a judgment imposing a sentence of death
has become final through affirmance by the Supreme
Court on direct review, denial of certiorari by the Supreme
Court on direct review, or expiration of the time for seek-
ing direct review in the court of appeals or the Supreme
Court, the Government shall promptly notify the district
court that imposed the sentence. Within ten days of re-
ceipt of such notice, the district court shall proceed to
make a determination whether the defendant is eligible
under this section for appointment of counsel for subse-
quent proceedings. On the basis of the determination, the
court shall issue an order: (1) appointing one or more
counsel to represent the defendant upon a finding that the
defendant is financially unable to obtain adequate rep-
resentation and wishes to have counsel appointed or is un-
able competently to decide whether to accept or reject ap-
pointment of counsel; (2) finding, after a hearing if nec-
essary, that the defendant rejected appointment of counsel
and made the decision with an understanding of its legal
consequences; or (3) denying the appointment of counsel
upon a finding that the defendant is financially able to
obtain adequate representation. Counsel appointed pursu-
ant to this subsection shall be different from the counsel
who represented the defendant at trial and on direct re-
view unless the defendant and counsel request a continu-
ation or renewal of the earlier representation.
‘‘(d) STANDARDS FOR COMPETENCE OF COUNSEL.—
In relation to a defendant who is entitled to appointment
of counsel under this section, at least one counsel ap-
pointed for trial representation must have been admitted
to the bar for at least five years and have at least three
years of experience in the trial of felony cases in the fed-
eral district courts. If new counsel is appointed after judg-
ment, at least one counsel so appointed must have been
admitted to the bar for at least five years and have at
least three years of experience in the litigation of felony
cases in the Federal courts of appeals or the Supreme
Court. The court, for good cause, may appoint counsel
who does not meet these standards, but whose back-
ground, knowledge, or experience would otherwise enable
him or her to properly represent the defendant, with due
consideration of the seriousness of the penalty and the na-
ture of the litigation.
‘‘(e) APPLICABILITY OF CRIMINAL JUSTICE ACT.—
Except as otherwise provided in this section, the provisions
of section 3006A of this title shall apply to appointments
under this section.
‘‘(f) CLAIMS OF INEFFECTIVENESS OF COUNSEL.—
The ineffectiveness or incompetence of counsel during pro-
ceedings on a motion under section 2255 of title 28, Unit-
ed States Code, in a capital case shall not be a ground
for relief from the judgment or sentence in any proceed-
ing. This limitation shall not preclude the appointment of
different counsel at any stage of the proceedings.
‘‘§ 3599. Collateral attack on judgment imposing sen-
tence of death
‘‘(a) TIME FOR MAKING SECTION 2255 MOTION.—
In a case in which sentence of death has been imposed,
and the judgment has become final as described in section
3598(c) of this title, a motion in the case under section
2255 of title 28, United States Code, must be filed within
ninety days of the issuance of the order relating to ap-
pointment of counsel under section 3598(c) of this title.
The court in which the motion is filed, for good cause
shown, may extend the time for filing for a period not
exceeding sixty days. A motion described in this section
shall have priority over all noncapital matters in the dis-
trict court, and in the court of appeals on review of the
district court’s decision.
‘‘(b) STAY OF EXECUTION.—The execution of a sen-
tence of death shall be stayed in the course of direct review
of the judgment and during the litigation of an initial mo-
tion in the case under section 2255 of title 28, United
States Code. The stay shall run continuously following im-
position of the sentence, and shall expire if—
‘‘(1) the defendant fails to file a motion under
section 2255 of title 28, United States Code, within
the time specified in subsection (a), or fails to make
a timely application for court of appeals review fol-
lowing the denial of such motion by a district court;
or
‘‘(2) upon completion of district court and court
of appeals review under section 2255 of title 28,
United States Code, the motion under that section
is denied and (A) the time for filing a petition for
certiorari has expired and no petition has been filed;
(B) a timely petition for certiorari was filed and the
Supreme Court denied the petition; or (C) a timely
petition for certiorari was filed and upon consider-
ation of the case, the Supreme Court disposed of it
in a manner that left the capital sentence undis-
turbed; or
‘‘(3) before a district court, in the presence of
counsel and after having been advised of the con-
sequences of his decision, the defendant waives the
right to file a motion under section 2255 of title 28,
United States Code.
‘‘(c) FINALITY OF THE DECISION ON REVIEW.—If
one of the conditions specified in subsection (b) has oc-
curred, no court thereafter shall have the authority to
enter a stay of execution or grant relief in the case un-
less—
‘‘(1) the basis for the stay and request for relief
is a claim not presented in earlier proceedings;
‘‘(2) the failure to raise the claim was (A) the
result of governmental action in violation of the Con-
stitution or laws of the United States; (B) the result
of the Supreme Court recognition of a new Federal
right that is retroactively applicable; or (C) based on
a factual predicate that could not have been discov-
ered through the exercise of reasonable diligence in
time to present the claim in earlier proceedings; and
‘‘(3) the facts underlying the claim would be
sufficient, if proven, to undermine the court’s con-
fidence in the determination of guilt on the offense
or offenses for which the death penalty was imposed.
‘‘§ 3600. Application in Indian country
‘‘Notwithstanding sections 1152 and 1153 of this
title, no person subject to the criminal jurisdiction of an
Indian tribal government shall be subject to a capital sen-
tence under this chapter for any offense the Federal juris-
diction for which is predicated solely on Indian country
as defined in section 1151 of this title and which has oc-
curred within the boundaries of such Indian country, un-
less the governing body of the tribe has made an election
that this chapter have effect over land and persons subject
to its criminal jurisdiction.’’; and
(2) in the table of chapters at the beginning of
part II, by adding the following new item after the
item relating to chapter 227:
‘‘228. Death penalty procedures ................................................... 3591.’’.
SEC. 122. PROHIBITION OF RACIALLY DISCRIMINATORY
POLICIES CONCERNING CAPITAL PUNISH-
MENT OR OTHER PENALTIES.
(a) GENERAL RULE.—The penalty of death and all
other penalties shall be administered by the United States
and by every State without regard to the race or color
of the defendant or victim. Neither the United States nor
any State shall prescribe any racial quota or statistical
test for the imposition or execution of the death penalty
or any other penalty.
(b) DEFINITIONS.—For purposes of this subtitle—
(1) the action of the United States or of a State
includes the action of any legislative, judicial, execu-
tive, administrative, or other agency or instrumental-
ity of the United States or a State, or of any politi-
cal subdivision of the United States or a State;
(2) the term ‘‘State’’ has the meaning given in
section 541 of title 18, United States Code; and
(3) the term ‘‘racial quota or statistical test’’
includes any law, rule, presumption, goal, standard
for establishing a prima facie case, or mandatory or
permissive inference that—
(A) requires or authorizes the imposition
or execution of the death penalty or another
penalty so as to achieve a specified racial pro-
portion relating to offenders, convicts, defend-
ants, arrestees, or victims; or
(B) requires or authorizes the invalidation
of, or bars the execution of, sentences of death
or other penalties based on the failure of a ju-
risdiction to achieve a specified racial propor-
tion relating to offenders, convicts, defendants,
arrestees, or victims in the imposition or execu-
tion of such sentences or penalties.
SEC. 123. FEDERAL CAPITAL CASES.
In a prosecution for an offense against the United
States for which a sentence of death is authorized, the
fact that the killing of the victim was motivated by racial
prejudice or bias shall be deemed an aggravating factor
whose existence permits consideration of the death pen-
alty, in addition to any other aggravating factors that may
be specified by law as permitting consideration of the
death penalty.
SEC. 124. EXTENSION OF PROTECTION OF CIVIL RIGHTS
STATUTES.
(a) SECTION 241.—Section 241 of title 18, United
States Code, is amended by striking ‘‘inhabitant of’’ and
inserting in lieu thereof ‘‘person in’’.
(b) SECTION 242.—Section 242 of title 18, United
States Code, is amended by striking ‘‘inhabitant of’’ and
inserting in lieu thereof ‘‘person in’’, and by striking ‘‘such
inhabitant’’ and inserting in lieu thereof ‘‘such person’’.
SEC. 125. FEDERAL DEATH PENALTIES.
(a) MURDER BY FEDERAL PRISONERS.—Chapter 51
of title 18, United States Code, is amended—
(1) by adding at the end the following:
‘‘§ 1118. Murder by a Federal prisoner
‘‘(a) Whoever, while confined in a Federal prison
under a sentence for a term of life imprisonment, murders
another shall be punished by death or by life imprisonment
without the possibility of release.
‘‘(b) For purposes of this section—
‘‘(1) ‘Federal prison’ means any Federal correc-
tional, detention, or penal facility, Federal commu-
nity treatment center, or Federal halfway house, or
any such prison operated under contract with the
Federal Government;
‘‘(2) ‘term of life imprisonment’ means a sen-
tence for the term of natural life, a sentence com-
muted 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
(2) by amending the table of sections by adding
at the end:
‘‘1118. Murder by a Federal prisoner.’’.
(b) MURDER OF FEDERAL, STATE, AND LOCAL LAW
ENFORCEMENT OFFICERS.—Section 1114 of title 18,
United States Code, is amended by striking ‘‘be punished
as provided under sections 1111 and 1112 of this title,
except that’’ and inserting ‘‘, or any State or local law
enforcement officer while assisting, or on account of hav-
ing assisted, any Federal officer or employee covered by
this section in the performance of duties, in the case of
murder as defined in section 1111 of this title, be pun-
ished by death or imprisonment for life, and, in the case
of manslaughter as defined in section 1112 of this title,
be punished as provided in that section, and’’.
(c) HOMICIDES
AND ATTEMPTED HOMICIDES IN-
VOLVING FIREARMS IN FEDERAL FACILITIES.—Section
930 of title 18, United States Code, is amended—
(1) in subsection (a), by striking ‘‘(c)’’ and in-
serting ‘‘(d)’’;
(2) by inserting after subsection (b) the follow-
ing:
‘‘(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—
‘‘(1) in the case of a killing constituting murder
as defined in section 1111(a) of this title, be pun-
ished by death or imprisoned for any term of years
or for life;
‘‘(2) in the case of any other killing or an at-
tempted killing, be subject to the penalties provided
for engaging in such conduct within the special mar-
itime and territorial jurisdiction of the United States
under sections 1112 and 1113 of this title.’’;
(3) in subsection (d)(2), by striking ‘‘(c)’’ and
inserting ‘‘(d)’’;
(4) in subsection (g), by striking ‘‘(d)’’ each
place it appears and inserting ‘‘(e)’’; and
(5) by redesignating subsections (c), (d), (e), (f)
and (g) as subsections (d), (e), (f), (g), and (h), re-
spectively.
(d) DEATH PENALTY
FOR CIVIL RIGHTS MUR-
DERS.—
(1) CONSPIRACY
AGAINST
RIGHTS.—Section
241 of title 18, United States Code, is amended by
striking ‘‘shall be subject to imprisonment for any
term of years or for life’’ and inserting ‘‘shall be
punished by death or imprisonment for any term of
years or for life’’.
(2) DEPRIVATION OF RIGHTS UNDER COLOR OF
LAW.—Section 242 of title 18, United States Code,
is amended by striking ‘‘shall be subject to imprison-
ment for any term of years or for life’’ and inserting
‘‘shall be punished by death or imprisonment for any
term of years or for life’’.
(3) FEDERALLY PROTECTED ACTIVITIES.—Sec-
tion 245(b) of title 18, United States Code, is
amended by striking ‘‘shall be subject to imprison-
ment for any term of years or for life’’ and inserting
‘‘shall be punished by death or imprisonment for any
term of years or for life’’.
(4) DAMAGE
TO
RELIGIOUS
PROPERTY; OB-
STRUCTION OF THE FREE EXERCISE OF RELIGIOUS
RIGHTS.—Section 247(c)(1) of title 18, United
States Code, is amended by inserting ‘‘the death
penalty or’’ before ‘‘imprisonment’’.
(e) DEATH PENALTY FOR GUN MURDERS.—Section
924 of title 18, United States Code, as amended by section
430 of this Act, is amended by adding at the end the fol-
lowing:
‘‘(k) 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 life; and
‘‘(2) if the killing is manslaughter as defined in
section 1112 of this title, be punished as provided in
that section.’’.
(f) MURDER BY ESCAPED PRISONERS.—
(1) IN
GENERAL.—Chapter 51 of title 18,
United States Code, as amended by section 110, is
amended by adding at the end the following:
‘‘§ 1119. Murder by escaped prisoners
‘‘(a) 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) As used in this section, the terms ‘Federal pris-
on’ and ‘term of life imprisonment’ have the meanings
given those terms in section 1118 of this title.’’.
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 51 of title 18,
United States Code, is amended by adding at the
end the following:
‘‘1119. Murder by escaped prisoners.’’.
(g) TORTURE.—
(1) IN GENERAL.—Part I of title 18, United
States Code, is amended by inserting after chapter
113A the following new chapter:
‘‘CHAPTER 113B—TORTURE
‘‘Sec.
‘‘2340. Definitions.
‘‘2340A. Torture.
‘‘2340B. Exclusive remedies.
‘‘§ 2340. Definitions
‘‘As used in this chapter—
‘‘(1) the term ‘torture’ means an act committed
by a person acting under the color of law specifically
intended to inflict severe physical or mental pain or
suffering (other than pain or suffering incidental to
lawful sanctions) upon another person within his
custody or physical control;
‘‘(2) the term ‘severe mental pain or suffering’
means the prolonged mental harm caused by or re-
sulting from—
‘‘(A) the intentional infliction or threat-
ened infliction of severe physical pain or suffer-
ing;
‘‘(B) the administration or application, or
threatened administration or application, of
mind altering substances or other procedures
calculated to disrupt profoundly the senses or
the personality;
‘‘(C) the threat of imminent death; or
‘‘(D) the threat that another person will
imminently be subjected to death, severe phys-
ical pain or suffering, or the administration or
application of mind altering substances or other
procedures calculated to disrupt profoundly the
senses or personality; and
‘‘(3) the term ‘United States’ includes all areas
under the jurisdiction of the United States including
any of the places within the provisions of sections 5
and 7 of this title and section 101(38) of the Fed-
eral Aviation Act of 1958, as amended (49 U.S.C.
App. 1301(38)).
‘‘§ 2340A. Torture
‘‘(a) Whoever, outside the United States and in a cir-
cumstance described in subsection (b) of this section, com-
mits or attempts to commit torture shall be fined under
this title or imprisoned not more than 20 years, or both,
and if death results to any person from conduct prohibited
by this subsection, shall be punished by death or impris-
oned for any term of years or for life.
‘‘(b) The circumstances referred to in subsection (a)
of this section are—
‘‘(1) the alleged offender is a national of the
United States; or
‘‘(2) the alleged offender is present in the Unit-
ed States, irrespective of the nationality of the vic-
tim or the alleged offender.
‘‘§ 2340B. Exclusive remedies
‘‘Nothing in this chapter shall be construed as pre-
cluding the application of State or local laws on the same
subject, nor shall anything in this chapter be construed
as creating any substantive or procedural right enforceable
by law by any party in any civil proceeding.’’.
(2) CLERICAL
AMENDMENT.—The table of
chapters for part I of title 18, United States Code,
is amended by inserting after the item for chapter
113A the following new item:
‘‘113B. Torture ..................................................................................... 2340.’’.
(3) EFFECTIVE
DATE.—This subsection shall
take effect on the later of—
(1) the date of enactment of this section;
or
(2) the date the United States has become
a party to the Convention Against Torture and
Other Cruel, Inhuman or Degrading Treatment
or Punishment.
(h) CARJACKING RESULTING
IN DEATH.—Section
2119 of title 18, United States Code, is amended—
(1) by inserting ‘‘(a)’’ before ‘‘Whoever’’;
(2) by striking ‘‘, possessing a firearm as de-
fined in section 921 of this title,’’;
(3) by striking ‘‘shall—’’ and all that follows
through the end of the existing section and inserting
‘‘shall be punished as provided in subsection (c) of
this section.’’; and
(4) by adding at the end the following:
‘‘(b) Whoever, in furtherance of a State or Federal
crime of violence, obstructs, impedes, or makes unauthor-
ized physical contact with, a motor vehicle of another, if
such vehicle has been transported, shipped, or received in
interstate or foreign commerce, shall be punished as pro-
vided in subsection (c) of this section.
‘‘(c) A person violating this section shall—
‘‘(1) be fined under this title or imprisoned not
more than 15 years, or both;
‘‘(2) if serious bodily injury (as defined in sec-
tion 1365 of this title) results, be fined under this
title or imprisoned not more than 25 years, or both;
and
‘‘(3) if death results, be fined under this title
or imprisoned for any number of years up to life, or
both, and shall be subject to the penalty of death.’’.
SEC. 126. CONFORMING AND TECHNICAL AMENDMENTS.
(a) DESTRUCTION OF AIRCRAFT OR AIRCRAFT FA-
CILITIES.—Section 34 of title 18, United States Code, is
amended by striking the comma after ‘‘imprisonment for
life’’ and all that follows through the end of the section
and inserting a period.
(b) ESPIONAGE.—Section 794(a) of title 18, United
States Code, is amended by striking the period at the end
of the section and inserting the following: ‘‘, except that
the sentence of death shall not be imposed unless the jury
or, if there is no jury, the court, further finds beyond a
reasonable doubt at a hearing under section 3593 of this
title that the offense directly concerned nuclear weaponry,
military spacecraft and satellites, early warning systems,
or other means of defense or retaliation against large-scale
attack; war plans; communications intelligence or cryp-
tographic information; sources or methods of intelligence
or counterintelligence operations; or any other major
weapons system or major element of defense strategy.’’.
(c) TRANSPORTING EXPLOSIVES.—Section 844(d) of
title 18, United States Code, is amended by striking ‘‘as
provided in section 34 of this title’’.
(d) MALICIOUS DESTRUCTION OF FEDERAL PROP-
ERTY BY EXPLOSIVES.—Section 844(f) of title 18, United
States Code, is amended by striking ‘‘as provided in sec-
tion 34 of this title’’.
(e) MALICIOUS DESTRUCTION OF INTERSTATE PROP-
ERTY BY EXPLOSIVES.—Section 844(i) of title 18, United
States Code, is amended by striking ‘‘as provided in sec-
tion 34 of this title’’.
(f) MURDER.—Section 1111(b) of title 18, United
States Code, is amended to read as follows:
‘‘(b) Within the special maritime and territorial juris-
diction of the United States—
‘‘(1) whoever is guilty of murder in the first de-
gree shall be punished by death or by imprisonment
for life; and
‘‘(2) whoever is guilty of murder in the second
degree shall be imprisoned for any term of years or
for life.’’.
(g) KILLING OFFICIAL GUESTS AND INTERNATION-
ALLY PROTECTED PERSONS.—Subsection (a) of section
1116 of title 18, United States Code, is amended by in-
serting a period after ‘‘title’’ and striking the remainder
of the subsection.
(h) KIDNAPPING.—Section 1201(a) of title 18, Unit-
ed 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 imprisonment’’.
(i) HOSTAGE TAKING.—Section 1203(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 imprisonment’’.
(j) MAILABILITY OF 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 all that follows through the end of the para-
graph and inserting a period.
(k) PRESIDENTIAL ASSASSINATION.—Subsection (c)
of section 1751 of title 18, United States Code, is amend-
ed to read as follows:
‘‘(c) Whoever attempts to murder or kidnap any indi-
vidual designated in subsection (a) of this section shall be
punished (1) by imprisonment for any term of years or
for life, or (2) by death or imprisonment for any term of
years or for life if the conduct constitutes an attempt to
murder the President of the United States and results in
bodily injury to the President or otherwise comes dan-
gerously close to causing the death of the President.’’.
(l) MURDER FOR HIRE.—Section 1958(a) of title 18
of the United States Code is amended by striking ‘‘and
if death results, shall be subject to imprisonment 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 in accordance with this title, or both’’.
(m) VIOLENT CRIMES IN AID OF RACKETEERING AC-
TIVITY.—Paragraph (1) of subsection (a) of section 1959
of title 18, United States Code, is amended to read as
follows:
‘‘(1) for murder, by death or life imprisonment,
or a fine in accordance with this title, or
both;
and
for 
kidnapping, by imprisonment for
any term of years or for life, or a fine in accordance
with this title, or both;’’.
(n) WRECKING TRAINS.—The second to the last
paragraph of section 1992 of title 18, United States Code,
is amended by striking the comma after ‘‘imprisonment
for life’’ and all that follows through the end of the section
and inserting a period.
(o) 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’’.
(p) TERRORIST ACTS.—Section 2332(a)(1) of title
18, United States Code, is amended to read as follows:
‘‘(1) if the killing is murder as defined in sec-
tion 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;’’.
(q) AIRCRAFT HIJACKING.—Section 903 of the Fed-
eral Aviation Act of 1958 (49 U.S.C. App. 1473), is
amended by striking subsection (c).
(r) CONTROLLED SUBSTANCES ACT.—Section 408 of
the Controlled Substances Act is amended by striking sub-
sections (g)–(p), (q) (1)–(3) and (r).
(s) GENOCIDE.—Section 1091(b)(1) of title 18, Unit-
ed States Code, is amended by striking ‘‘a fine of not more
than $1,000,000 and imprisonment for life;’’ and inserting
‘‘death or imprisonment for life and a fine of not more
than $1,000,000;’’.
(t) INAPPLICABILITY TO UNIFORM CODE OF MILI-
TARY JUSTICE.—Chapter 228 of title 18, United States
Code, as added by this Act, shall not apply to prosecutions
under the Uniform Code of Military Justice (10 U.S.C.
801 et seq.).
Subtitle C—Enhanced Penalties for
Criminal Use of Firearms and
Explosives
Chapter 1—Instant Check System for
Handgun Purchases
SEC. 131. FINDINGS.
The Congress finds the following:
(1) State laws requiring a waiting period before
the purchase of a firearm have endangered the lives
of law-abiding Americans by preventing them from
protecting themselves, as demonstrated by the fol-
lowing examples:
(A) In 1991, Bonnie Elmasri of Wisconsin
tried to get a handgun to protect herself from
her estranged husband, but he returned home
and killed her and her 2 children before the 48-
hour waiting period required by State law had
expired.
(B) In 1990, Catherine Latta of North
Carolina tried to buy a firearm but was told by
police that it would take her 2 to 4 weeks to
get the necessary permit. After telling the clerk
she ‘‘would be dead by then,’’ she illegally
bought a handgun on the street. 5 hours later
she was attacked again by the man who had al-
ready robbed, assaulted, and raped her. She
used her handgun to protect herself by shooting
and killing him. Had she not had a handgun,
the outcome would have been much different.
(C) Residents of Los Angeles were forced
to wait 15 days during the 1991 riots before
they could legally buy a firearm for protection,
in spite of the fact that police were admitting
that they could not protect the people.
(2) A point-of-sale instant background check
can easily lead to a gun owner registration system.
Commenting on the Virginia State instant check sys-
tem, the Congressional Office of Technology Assess-
ment said ‘‘The Virginia transaction log does not in-
clude the names of firearm purchasers, but the po-
tential exists regardless of legal prohibitions.’’.
(3) Laws requiring a waiting period before the
purchase of a firearm have not prevented crime
rates in various States that have enacted such laws
from increasing far above the national average in-
crease in crime rates.
(4) Police cannot protect, and are not legally
responsible for protecting, individual citizens, as evi-
denced by the following:
(A) The courts have consistently ruled that
the police do not have an obligation to protect
individuals, only the public in general. In War-
ren v. District of Columbia Metropolitan Police
Department (D.C. App. 444 A. 2d 1 (1981)),
the court stated ‘‘courts have without exception
concluded that when a municipality or other
governmental entity undertakes to furnish po-
lice services, it assumes a duty only to the pub-
lic at large and not to individual members of
the community’’.
(B) Former Florida Attorney General Jim
Smith told Florida legislators that police re-
sponded to only 200,000 of 700,000 calls for
help to Dade County authorities.
(C) The Department of Justice found that,
in 1989, there were 168,881 crimes of violence
which were not responded to by police within 1
hour.
(D) Currently, there are about 150,000 po-
lice officers on duty to protect a population of
more than 250,000,000 Americans.
SEC. 132. SYSTEM FOR IDENTIFYING FELONS AND PERSONS
ADJUDICATED MENTALLY INCOMPETENT.
(a) IN GENERAL.—The laws and procedures of a
State are of the type described in this subsection if the
laws and procedures, in substance, provide the following:
(1) RECORDS CHECK REQUIRED BEFORE ISSU-
ANCE OF DRIVER’S LICENSE AND IDENTIFICATION
DOCUMENTS; USE OF MAGNETIC STRIPS TO IDEN-
TIFY
PROHIBITED
PERSONS.—Before the State
transportation agency issues, reissues, or reinstates
a license, the agency shall—
(A) conduct a record check to determine
whether the applicant therefor is a prohibited
person by examining the State list referred to
in paragraph (4) of this subsection and the na-
tional list referred to in subsection (b)(1); and
(B) affix to the license of the person a
magnetic strip on which is encoded information
that—
(i) identifies the licensee as a prohib-
ited person or as a nonprohibited person;
and
(ii) may be discerned only through the
use of an electronic device that—
(I) is read only;
(II) does not have storage or
communication capabilities; and
(III) signals the user of the de-
vice with—
(aa) a green light if the de-
vice reads a magnetic strip that
does not identify the person as a
prohibited person; and
(bb) a red light if the device
reads a magnetic strip that iden-
tifies the person as a prohibited
person.
(2) EFFECTS OF FELONY CONVICTION OR AD-
JUDICATION OF MENTAL INCOMPETENCY.—
(A) SEIZURE AND VOIDING OF DRIVER’S
LICENSE.—If a State court convicts a person of
a crime punishable by imprisonment for a term
exceeding 1 year or adjudicates a person as
mentally incompetent, the court shall seize any
license issued to the person by the State trans-
portation agency, and any such license shall be
void.
(B) ISSUANCE OF NEW LICENSE UPON RE-
QUEST.—Upon request of a person referred to
in subparagraph (A), the State transportation
agency shall issue to the person (if otherwise el-
igible therefor) another such license affixed to
which is a magnetic strip identifying the person
as a prohibited person.
(3) FUNDING OF RECORDS CHECKS.—
(A) INCREASE
IN
FINES
IMPOSED
UPON
CONVICTED FELONS.—Any person convicted in
the State of a crime punishable by imprison-
ment for a term exceeding 1 year shall, in addi-
tion to any sentence imposed under any other
provision of State law, be fined an amount suf-
ficient to cover the expenses of criminal records
checks 
conducted 
pursuant 
to 
paragraph
(1)(A), taking all such convictions into account
on an annual basis.
(B) SURCHARGE IMPOSED ON PROHIBITED
PERSONS TO OBTAIN A DRIVER’S LICENSE.—In
addition to any fee required to be paid by a per-
son to obtain a license, the State transportation
agency shall require a prohibited person to pay
surcharge in an amount determined by the
State to be sufficient to cover the expenses of
criminal records checks conducted by the agen-
cy pursuant to paragraph (1)(A), taking into
account fines imposed under subparagraph (B)
of this paragraph.
(4) REQUIREMENT TO MAINTAIN AND UPDATE
COMPUTERIZED
LIST
OF
PROHIBITED
PERSONS.—
The State shall create and maintain a computerized
list of all persons who are prohibited persons by rea-
son of a conviction or adjudication in the State, and,
within 2 years after the date of the enactment of
this Act, shall achieve and maintain at least 80 per-
cent currency of case dispositions in the computer-
ized list for all cases in which there has been an
entry of activity within the then immediately preced-
ing 5 years.
(b) DUTIES OF THE ATTORNEY GENERAL.—The At-
torney General of the United States shall—
(1) create a national, computerized list of pro-
hibited persons;
(2) incorporate State criminal history records
into the Federal criminal records system maintained
by the Federal Bureau of Investigation;
(3) develop hardware and software systems to
link State lists referred to in subsection (a)(4) with
the national list referred to in paragraph (1) of this
subsection; and
(4) provide any responsible State agency with
access to the national list, upon request.
(c) PROCEDURES
FOR CORRECTING ERRONEOUS
RECORDS.—
(1) REQUEST FOR INFORMATION.—Any person
identified as a prohibited person in records main-
tained under this section may request the Attorney
General of the United States to notify the person of
the reasons therefor.
(2) COMPLIANCE
WITH
REQUEST.—Within 5
days after receipt of a request under paragraph (1),
the Attorney General shall comply with the request.
(3) SUBMISSION
OF
ADDITIONAL
INFORMA-
TION.—Any person described in paragraph (1) may
submit to the Attorney General information to cor-
rect, clarify, or supplement records maintained
under this section with respect to the person.
(4) CONSIDERATION AND USE OF ADDITIONAL
INFORMATION.—Within 5 days after receipt of such
information, the Attorney General shall consider the
information, investigate the matter further, correct
any and all erroneous Federal records relating to
such person, and notify any Federal department or
agency or any State that was the source of the erro-
neous records of the errors.
(d) JUDICIAL
REVIEW.—Any person erroneously
identified as a prohibited person in records maintained
pursuant to this section may bring an action in any United
States district court against the United States, or any
State or political subdivision thereof which is the source
of the erroneous information, for damages (including con-
sequential damages), injunctive relief, and such other re-
lief as the court deems appropriate. If the person prevails
in the action, the court shall allow the person a reasonable
attorney’s fee as part of the costs.
(e) DEFINITIONS.—As used in this section:
(1) LICENSE.—The term ‘‘license’’ means a li-
cense or permit to operate a motor vehicle on the
roads and highways of the State, and any identifica-
tion document issued by a State transportation
agency solely for purposes of identification.
(2) PROHIBITED PERSON.—The term ‘‘prohib-
ited person’’ means a person who—
(A) has been convicted of a crime punish-
able under Federal or State law by imprison-
ment for a term exceeding 1 year; or
(B)(i) has been adjudicated mentally in-
competent; and
(ii)(I) has not been restored to capacity by
court order; or
(II) has been so restored to capacity for
less than 5 years.
(3) STATE
TRANSPORTATION
AGENCY.—The
term ‘‘State transportation agency’’ means the State
agency responsible for issuing a license, permit, or
identification document described in paragraph (1).
(f) JUSTICE ASSISTANCE FUNDS WITHHELD FROM
CERTAIN STATES UNLESS CERTAIN LAWS AND PROCE-
DURES ARE IN EFFECT.—2 years after the date of the
enactment of this Act, the Director of the Bureau of Jus-
tice Assistance shall reduce by 25 percent the annual allo-
cation to a State for a fiscal year under title I of the Om-
nibus Crime Control and Safe Streets Act of 1968 if the
State has in effect, as of such date of enactment, a waiting
period, or a system for identifying felons, before the pur-
chase of a handgun, and the State does not, by the end
of such 2-year period, have in effect all of the laws and
procedures of the type described in subsection (a). If, at
any time after such 2-year period, any State has in effect
a waiting period before the purchase of a handgun, or a
system for identifying felons or persons adjudicated men-
tally incompetent other than as provided pursuant to laws
and procedures of the type described in subsection (a), the
Director of the Bureau of Justice Assistance shall reduce
by 25 percent the annual allocation to the State for a fis-
cal year under title I of the Omnibus Crime Control and
Safe Streets Act of 1968.
SEC. 133. LICENSED FIREARMS DEALERS REQUIRED TO
CHECK MAGNETIC STRIP ON DRIVER’S LI-
CENSE OF ANY PERSON ATTEMPTING TO
PURCHASE A HANDGUN.
(a) PROHIBITION.—Section 922 of title 18, United
States Code, as amended by section 722(a) of this Act,
is amended by adding at the end the following:
‘‘(x)(1) It shall be unlawful for any licensed dealer
knowingly to—
‘‘(A) sell a handgun to any person not licensed
under section 923, unless the licensed dealer has
used an electronic device described in section
732(a)(1)(B)(ii) of the Crime Control Act of 1994 to
read the magnetic strip affixed to an identification
document issued to the person by the transportation
agency of the State in which the premises of the li-
censed dealer is located; or
‘‘(B) fail to notify local law enforcement au-
thorities, within 72 hours, of any person attempting
to purchase a handgun who is identified as a prohib-
ited person through the use of such a device.
‘‘(2) As used in paragraph (1):
‘‘(A) The term ‘handgun’ means a firearm
which has a short stock and is designed to be held
and fired by the use of a single hand.
‘‘(B) The term ‘identification document’ means
a license or permit to operate a motor vehicle, and
any identification document issued solely for pur-
poses of identification.
‘‘(C) The term ‘transportation agency’ means
the agency responsible for issuing commercial or
noncommercial identification documents.
‘‘(3) Paragraph (1) shall not apply in any State that
does not have in effect the laws and procedures required
by section 732(a) of the Crime Control Act of 1994.’’.
(b) PENALTY.—Section 924(a) of such title, as
amended by section 715 of this Act, is amended by adding
at the end the following:
‘‘(7) Any licensed dealer who violates section 922(x)
shall be imprisoned not more than 1 year, fined not more
than $1,000, or both.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section apply to conduct engaged in after the 2-year
period that begins with the date of the enactment of this
Act.
Chapter 2—Other Firearms Provisions
SEC. 141. INCREASED PENALTY FOR INTERSTATE GUN
TRAFFICKING.
Section 924 of title 18, United States Code, as
amended by sections 430, 705(e), 714(b), 718, and 722(c)
of this Act, is amended by adding at the end the following:
‘‘(o) 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.’’.
SEC. 142. 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-
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. 143. ENHANCED PENALTIES FOR USE OF FIREARMS IN
CONNECTION 
WITH 
COUNTERFEITING 
OR
FORGERY.
Section 924(c)(1) of title 18, United States Code, is
amended by inserting ‘‘or during and in relation to any
felony punishable under chapter 25,’’ after ‘‘United
States,’’.
SEC. 144. INCREASED PENALTY FOR KNOWINGLY FALSE,
MATERIAL STATEMENTS IN FIREARM PUR-
CHASE FROM LICENSED DEALER.
Section 924(a) of title 18, United States Code, is
amended—
(1) in paragraph (1)(B), by striking ‘‘(a)(6),’’;
and
(2) in paragraph (2), by inserting ‘‘(a)(6),’’
after ‘‘subsection’’.
SEC. 145. REVOCATION OF SUPERVISED RELEASE FOR POS-
SESSION OF A FIREARM IN VIOLATION OF RE-
LEASE CONDITION.
Section 3583 of title 18, United States Code, is
amended by adding at the end the following:
‘‘(h) MANDATORY REVOCATION FOR POSSESSION OF
A FIREARM.—If the court has provided, as a condition of
supervised release, that the defendant refrain from pos-
sessing a firearm, and if the defendant is in actual posses-
sion of a firearm (as defined in section 921) at any time
prior to the expiration or termination of the term of super-
vised release, the court shall, after a hearing pursuant to
the provisions of the Federal Rules of Criminal Procedure
that are applicable to probation revocation, revoke the
term of supervised release and, subject to subsection (e)(3)
of this section, require the defendant to serve in prison
all or part of the term of supervised release without credit
for time previously served on post release supervision.’’.
SEC. 146. 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.’’.
SEC. 147. DISPOSITION OF FORFEITED FIREARMS.
Section 5872(b) of the Internal Revenue Code of
1986 is amended to read as follows:
‘‘(b) DISPOSAL.—In the case of the forfeiture of any
firearm, where there is no remission or mitigation of for-
feiture thereof—
‘‘(1) the Secretary may retain the firearm for
official use of the Department of the Treasury or, if
not so retained, offer to transfer the weapon without
charge to any other executive department or inde-
pendent establishment of the Government for official
use by it and, if the offer is accepted, so transfer the
firearm;
‘‘(2) if the firearm is not disposed of pursuant
to paragraph (1), is a firearm other than a machine
gun or a firearm forfeited for a violation of this
chapter, is a firearm that in the opinion of the Sec-
retary is not so defective that its disposition pursu-
ant to this paragraph would create an unreasonable
risk of a malfunction likely to result in death or bod-
ily injury, and is a firearm which (in the judgment
of the Secretary, taking into consideration evidence
of present value and evidence that like firearms are
not available except as collector’s items, or that the
value of like firearms available in ordinary commer-
cial channels is substantially less) derives a substan-
tial part of its monetary value from the fact that it
is novel, rare, or because of its association with some
historical figure, period, or event, the Secretary may
sell the firearm, after public notice, at public sale to
a dealer licensed under chapter 44 of title 18, Unit-
ed States Code;
‘‘(3) if the firearm has not been disposed of
pursuant to paragraph (1) or (2), the Secretary
shall transfer the firearm to the Administrator of
General Services, who shall destroy or provide for
the destruction of the firearm; and
‘‘(4) no decision or action of the Secretary pur-
suant to this subsection shall be subject to judicial
review.’’.
SEC. 148. CONSPIRACY TO VIOLATE FEDERAL FIREARMS
OR EXPLOSIVES LAWS.
(a) FIREARMS.—Section 924 of title 18, United
States Code, as amended by sections 430, 705(e), 714(b),
718, 722(c), and 741 of this Act, is amended by adding
at the end the following:
‘‘(p) Whoever conspires to commit any offense pun-
ishable under this chapter shall be subject to the same
penalties as those prescribed for the offense the commis-
sion of which was the object of the conspiracy.’’.
(b) EXPLOSIVES.—Section 844 of such title is
amended by adding at the end the following:
‘‘(k) Whoever conspires to commit any offense pun-
ishable under this chapter shall be subject to the same
penalties as those prescribed for the offense the commis-
sion of which was the object of the conspiracy.’’.
SEC. 149. THEFT OF FIREARMS OR EXPLOSIVES FROM LI-
CENSEE.
(a) FIREARMS.—Section 924 of title 18, United
States Code, as amended by sections 430, 705(e), 714(b),
718, 722(c), 741, and 748(a) of this Act, is amended by
adding at the end the following:
‘‘(q) Whoever steals any firearm from a licensed im-
porter, licensed manufacturer, licensed dealer, or licensed
collector shall be fined under this title, imprisoned not
more than ten years, or both.’’.
(b) EXPLOSIVES.—Section 844 of such title, as
amended by section 748(b) of this Act, is amended by add-
ing at the end the following:
‘‘(l) Whoever steals any explosive material from a li-
censed importer, licensed manufacturer, licensed dealer, or
permittee shall be fined under this title, imprisoned not
more than ten years, or both.’’.
718, 722(c), 741, 748(a), 749(a), and 750(a) of this Act,
is amended by adding at the end the following:
‘‘(s) 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 less than 2 nor more
than 10 years, fined under this title, or both.’’.
(b) EXPLOSIVES.—Section 844 of such title, as
amended by sections 748(b), 749(b), and 750(b) of this
Act, is amended by adding at the end the following:
‘‘(n) Whoever steals any explosive materials which are
moving as, or are a part of, or which have moved in, inter-
state or foreign commerce shall be imprisoned not less
than 2 nor more than 10 years, fined under this title, or
both.’’.
SEC. 153. INCREASED PENALTY FOR SECOND OFFENSE OF
USING AN EXPLOSIVE TO COMMIT A FELONY.
Section 844(h) of title 18, United States Code, is
amended by striking ‘‘ten’’ and inserting ‘‘20’’.
SEC. 154. 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. 155. POSSESSION OF EXPLOSIVES DURING THE COM-
MISSION OF A FELONY.
Section 844(h) of title 18, United States Code, is
amended—
(1) in paragraph (2), by striking ‘‘carries’’ and
inserting ‘‘possesses’’; and
(2) in the 3rd sentence, by striking ‘‘carried’’
and inserting ‘‘possessed’’.
SEC. 156. SUMMARY DESTRUCTION OF EXPLOSIVES SUB-
JECT TO FORFEITURE.
Section 844(c) of title 18, United States Code, is
amended—
(1) by inserting ‘‘(1)’’ before ‘‘Any’’; and
(2) by adding at the end the following:
‘‘(2) Notwithstanding 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 60 days after any destruction made pur-
suant 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—
‘‘(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. 157. ELIMINATION OF OUTMODED PAROLE LAN-
GUAGE.
Section 924 of title 18, United States Code, is
amended—
(1) in subsection (c)(1), by striking ‘‘No person
sentenced under this subsection shall be eligible for
parole during the term of imprisonment imposed
herein.’’; and
(2) in subsection (e)(1), by striking ‘‘, and such
person shall not be eligible for parole with respect to
the sentence imposed under this subsection’’.
Subtitle D—Miscellaneous
SEC. 161. INCREASED PENALTIES FOR TRAVEL ACT CRIMES
INVOLVING VIOLENCE AND CONSPIRACY TO
COMMIT CONTRACT KILLINGS.
(a) TRAVEL ACT PENALTIES.—Section 1952(a) of
title 18, United States Code, is amended by striking ‘‘and
thereafter performs or attempts to perform any of the acts
specified in subparagraphs (1), (2), and (3), shall be fined
not more than $10,000 or imprisoned for not more than
five years, or both.’’ and inserting ‘‘and thereafter per-
forms or attempts to perform—
‘‘(A) an act described in paragraph (1) or (3)
shall be fined under this title, imprisoned not more
than 5 years, or both; or
‘‘(B) an act described in paragraph (2) shall be
fined under this title, imprisoned for not more than
20 years, or both, and if death results shall be im-
prisoned for any term of years or for life.’’.
(b) MURDER
CONSPIRACY
PENALTIES.—Section
1958(a) of title 18, United States Code, is amended by
inserting ‘‘or who conspires to do so’’ before ‘‘shall be
fined’’ the first place it appears.
SEC. 162. CRIMINAL OFFENSE FOR FAILING TO OBEY AN
ORDER TO LAND A PRIVATE AIRCRAFT.
(A) IN GENERAL.—Chapter 109 of title 18, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 2237. Order to land
‘‘(a)(1) A pilot or operator of an aircraft that has
crossed the border of the United States, or an aircraft
subject to the jurisdiction of the United States operating
outside the United States, who intentionally fails to obey
an order to land issued by an authorized Federal law en-
forcement officer who has observed conduct or is otherwise
in possession of information establishing reasonable sus-
picion that the aircraft is being used unlawfully in viola-
tion of the laws of the United States relating to controlled
substances as that term is defined in section 102(6) of
the Controlled Substances Act, or section 1956 or 1957
of this title (relating to money launderings), shall be fined
under this title, or imprisoned for not more than 2 years,
or both.
‘‘(2) The Secretary of the Treasury and the Secretary
of Transportation, in consultation with the Attorney Gen-
eral, shall make rules governing the means by which a
Federal Law enforcement officer may communicate an
order to land to a pilot or operator of an aircraft.
to the United States enforcement of United
States law; and
‘‘(2) the term ‘Federal law enforcement officer’
has the same meaning that term has in section 115
of this title.
‘‘(d) An aircraft that is used in violation of this sec-
tion is liable in rem for a fine imposed under this section;
‘‘(e) An aircraft that is used in violation of this sec-
tion may be seized and forfeited. The laws relating to sei-
zure and forfeiture for violation of the customs laws, in-
cluding available defenses such as innocent owner provi-
sions, apply to aircraft seized or forfeited under this sec-
tion.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 109 of title 18, United States
Code, is amended by adding at the end the following new
item:
‘‘2237. Order to land.’’.
SEC. 163. AMENDMENT TO THE MANSFIELD AMENDMENT
TO PERMIT MARITIME LAW ENFORCEMENT
OPERATIONS IN ARCHIPELAGIC WATERS.
Section 481(c)(4) of Public Law 87–195 (22 U.S.C.
2291(c)) is amended by inserting ‘‘, and archipelagic wa-
ters’’ after ‘‘territorial sea’’.
SEC. 164. ENHANCEMENT OF PENALTIES FOR DRUG TRAF-
FICKING IN PRISONS.
Section 1791 of title 18, United States Code, is
amended—
(1) in subsection (c), by inserting before ‘‘Any’’
the following new sentence: ‘‘Any punishment im-
posed under subsection (b) for a violation of this
section involving a controlled substance shall be con-
secutive to any other sentence imposed by any court
for an offense involving such a controlled sub-
stance.’’; and
(2) in subsection (d)(1)(A) by inserting after ‘‘a
firearm or destructive device’’ the following, ‘‘or a
controlled substance in schedule I or II, other than
marijuana or a controlled substance referred to in
subparagraph (C) of this subsection’’.
TITLE II—EQUAL PROTECTION
FOR VICTIMS
Subtitle A—Victims’ Rights
SEC. 201. RIGHT OF THE VICTIM TO FAIR TREATMENT IN
LEGAL PROCEEDINGS.
The following rules, to be known as the Rules of Pro-
fessional Conduct for Lawyers in Federal Practice, are
enacted:
‘‘RULES OF PROFESSIONAL CONDUCT FOR
LAWYERS IN FEDERAL PRACTICE
‘‘Rule 1. Scope
‘‘Rule 2. Abuse of Victims and Others Prohibited
‘‘Rule 3. Duty of Enquiry in Relation to Client
‘‘Rule 4. Duty to Expedite Litigation
‘‘Rule 5. Duty to Prevent Commission of Crime
‘‘Rule 1. Scope
‘‘(a) These rules apply to the conduct of lawyers in
their representation of clients in relation to proceedings
and potential proceedings before Federal tribunals.
‘‘(b) For purposes of these rules, ‘Federal tribunal’
and ‘tribunal’ mean a court of the United States.
‘‘Rule 2. Abuse of Victims and Others Prohibited
‘‘(a) A lawyer shall not engage in any action or course
of conduct for the purpose of increasing the expense of
litigation for any person, other than a liability under an
order or judgment of a tribunal.
‘‘(b) A lawyer shall not engage in any action or course
of conduct that has no substantial purpose other than to
distress, harass, embarrass, burden, or inconvenience an-
other person.
‘‘(c) A lawyer shall not offer evidence that the lawyer
knows to be false or attempt to discredit evidence that the
lawyer knows to be true.
‘‘Rule 3. Duty of Enquiry in Relation to Client
‘‘A lawyer shall attempt to elicit from the client a
truthful account of the material facts concerning the mat-
ters in issue. In representing a client charged with a
crime, the duty of enquiry under this rule includes—
‘‘(1) attempting to elicit from the client a mate-
rially complete account of the alleged criminal activ-
ity if the client acknowledges involvement in the al-
leged activity; and
‘‘(2) attempting to elicit from the client the ma-
terial facts relevant to a defense of alibi if the client
denies such involvement.
‘‘Rule 4. Duty to Expedite Litigation
‘‘(a) A lawyer shall seek to bring about the expedi-
tious conduct and conclusion of litigation.
‘‘(b) A lawyer shall not seek a continuance or other-
wise attempt to delay or prolong proceedings in the hope
or expectation that—
‘‘(1) evidence will become unavailable;
‘‘(2) evidence will become more subject to im-
peachment or otherwise less useful to another party
because of the passage of time; or
‘‘(3) an advantage will be obtained in relation
to another party because of the expense, frustration,
distress, or other hardship resulting from prolonged
or delayed proceedings.
100
‘‘Rule 5. Duty to Prevent Commission of Crime
‘‘(a) A lawyer may disclose information relating to
the representation of a client to the extent necessary to
prevent the commission of a crime or other unlawful act.
‘‘(b) A lawyer shall disclose information relating to
the representation of a client where disclosure is required
by law. A lawyer shall also disclose such information to
the extent necessary to prevent—
‘‘(1) the commission of a crime involving the
use or threatened use of force against another, or a
substantial risk of death or serious bodily injury to
another; or
‘‘(2) the commission of a crime of sexual as-
sault or child molestation.
‘‘(c) For purposes of this rule, ‘crime’ means a crime
under the law of the United States or the law of a State,
and ‘unlawful act’ means an act in violation of the law
of the United States or the law of a State.’’.
SEC. 202. RIGHT OF THE VICTIM TO AN IMPARTIAL JURY.
Rule 24(b) of the Federal Rules of Criminal Proce-
dure is amended by striking ‘‘the Government is entitled
to 6 peremptory challenges and the defendant or defend-
ants jointly to 10 peremptory challenges’’ and inserting
‘‘each side is entitled to 6 peremptory challenges’’.
101
SEC. 203. VICTIM’S RIGHT OF ALLOCUTION IN SENTENCING.
Rule 32 of the Federal Rules of Criminal Procedure
is amended—
(1) by striking ‘‘and’’ at the end of subdivision
(a)(1)(B);
(2) by striking the period at the end of subdivi-
sion (a)(1)(C) and inserting ‘‘; and’’;
(3) by inserting after subdivision (a)(1)(C) the
following: ‘‘(D) if sentence is to be imposed for a
crime of violence or sexual abuse, address the victim
personally if the victim is present at the sentencing
hearing and determine if the victim wishes to make
a statement and to present any information in rela-
tion to the sentence.’’;
(4) in the penultimate sentence of subdivision
(a)(1) by striking ‘‘equivalent opportunity’’ and in-
serting ‘‘opportunity equivalent to that of the de-
fendant’s counsel’’;
(5) in the last sentence of subdivision (a)(1) by
inserting ‘‘the victim,’’ before ‘‘, or the attorney for
the Government.’’; and
(6) by adding at the end the following new
subdivision:
‘‘(f) DEFINITIONS.—For purposes of this rule—
‘‘(1) ‘crime of violence or sexual abuse’ means
a crime that involved the use or attempted or threat-
102
ened use of physical force against the person or
property of another, or a crime under chapter 109A
of title 18, United States Code; and
‘‘(2) ‘victim’ means an individual against whom
an offense for which a sentence is to be imposed has
been committed, but the right of allocution under
subdivision (a)(1)(D) may be exercised instead by—
‘‘(A) a parent or legal guardian if the vic-
tim is below the age of 18 years or incompetent;
or
‘‘(B) one or more family members or rel-
atives designated by the court if the victim is
deceased or incapacitated,
if such person or persons are present at the sentenc-
ing hearing, regardless of whether the victim is
present.’’.
SEC. 
204. 
ENFORCEMENT 
OF 
RESTITUTION 
ORDERS
THROUGH SUSPENSION OF FEDERAL BENE-
FITS.
Section 3663 of title 18, United States Code, is
amended—
(1) by redesignating subsections (g) and (h) as
subsections (h) and (i), respectively; and
(2) by inserting after subsection (f) the follow-
ing new subsection:
103
‘‘(g)(1) If the defendant is delinquent in making res-
titution in accordance with any schedule of payments or
any requirement of immediate payment imposed under
this section, the court may, after a hearing, suspend the
defendant’s eligibility for all Federal benefits until such
time as the defendant demonstrates to the court good-
faith efforts to return to such schedule.
‘‘(2) For purposes of this subsection—
‘‘(A) the term ‘Federal benefits’—
‘‘(i) means any grant, contract, loan, pro-
fessional license, or commercial license provided
by an agency of the United States or appro-
priated funds of the United States; and
‘‘(ii) does not include any retirement, wel-
fare, Social Security, health, disability, veterans
benefit, public housing, or other similar benefit,
or any other benefit for which payments or
services are required for eligibility; and
‘‘(B) the term ‘veterans benefit’ means all bene-
fits provided to veterans, their families, or survivors
by virtue of the service of a veteran in the Armed
Forces of the United States.’’.
104
SEC. 205. PROHIBITION OF RETALIATORY KILLINGS OF
WITNESSES, VICTIMS AND INFORMANTS.
Section 1513 of title 18, United States Code, is
amended—
(1) by redesignating subsections (a) and (b) as
subsections (b) and (c), respectively; and
(2) by inserting a new subsection (a) as follows:
‘‘(a)(1) Whoever kills or attempts to kill another per-
son with intent to retaliate against any person for—
‘‘(A) the attendance of a witness or party at an
official proceeding, or any testimony given or any
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.’’.
105
Subtitle B—Judicial Reform
SEC. 
211. 
ADMISSIBILITY 
OF 
EVIDENCE 
OF 
SIMILAR
CRIMES IN SEX OFFENSE CASES.
The Federal Rules of Evidence are amended by add-
ing after Rule 412 the following new rules:
‘‘Rule 413. Evidence of Similar Crimes in Sexual Assault Cases
‘‘(a) EVIDENCE ADMISSIBLE.—In a criminal case in
which the defendant is accused of an offense of sexual as-
sault, evidence of the defendant’s commission of another
offense or offenses of sexual assault is admissible, and
may be considered for its bearing on any matter to which
it is relevant.
‘‘(b) DISCLOSURE TO DEFENDANT.—In a case in
which the government intends to offer evidence under this
Rule, the attorney for the government shall disclose the
evidence to the defendant, including statements of wit-
nesses or a summary of the substance of any testimony
that is expected to be offered, at least 15 days before the
scheduled date of trial or at such later time as the court
may allow for good cause.
‘‘(c) EFFECT ON OTHER RULES.—This Rule shall
not be construed to limit the admission or consideration
of evidence under any other Rule.
‘‘(d) DEFINITION.—For purposes of this Rule and
Rule 415, ‘offense of sexual assault’ means a crime under
106
Federal law or the law of a State (as defined in section
513 of title 18, United States Code) that involved—
‘‘(1) any conduct proscribed by chapter 109A of
title 18, United States Code;
‘‘(2) contact, without consent, between any part
of the defendant’s body or an object and the genitals
or anus of another person;
‘‘(3) contact, without consent, between the geni-
tals or anus of the defendant and any part of an-
other person’s body;
‘‘(4) deriving sexual pleasure or gratification
from the infliction of death, bodily injury, or phys-
ical pain on another person; or
‘‘(5) an attempt or conspiracy to engage in con-
duct described in any of paragraphs (1) through (4).
‘‘Rule 414. Evidence of Similar Crimes in Child Molestation
Cases
‘‘(a) EVIDENCE ADMISSIBLE.—In a criminal case in
which the defendant is accused of an offense of child mo-
lestation, evidence of the defendant’s commission of an-
other offense or offenses of child molestation is admissible,
and may be considered for its bearing on any matter to
which it is relevant.
‘‘(b) DISCLOSURE TO DEFENDANT.—In a case in
which the government intends to offer evidence under this
107
Rule, the attorney for the government shall disclose the
evidence to the defendant, including statements of wit-
nesses or a summary of the substance of any testimony
that is expected to be offered, at least 15 days before the
scheduled date of trial or at such later time as the court
may allow for good cause.
‘‘(c) EFFECT ON OTHER RULES.—This Rule shall
not be construed to limit the admission or consideration
of evidence under any other Rule.
‘‘(d) DEFINITION.—For purposes of this Rule and
Rule 415, ‘child’ means a person below the age of 14
years, and ‘offense of child molestation’ means a crime
under Federal law or the law of a State (as defined in
section 513 of title 18, United States Code) that in-
volved—
‘‘(1) any conduct proscribed by chapter 109A of
title 18, United States Code, that was committed in
relation to a child;
‘‘(2) any conduct proscribed by chapter 110 of
title 18, United States Code;
‘‘(3) contact between any part of the defend-
ant’s body or an object and the genitals or anus of
a child;
‘‘(4) contact between the genitals or anus of the
defendant and any part of the body of a child;
108
‘‘(5) deriving sexual pleasure or gratification
from the infliction of death, bodily injury, or phys-
ical pain on a child; or
‘‘(6) an attempt or conspiracy to engage in con-
duct described in any of paragraphs (1) through (5).
‘‘Rule 415. Evidence of Similar Acts in Civil Cases Concerning
Sexual Assault or Child Molestation
‘‘(a) EVIDENCE ADMISSIBLE.—In a civil case in
which a claim for damages or other relief is predicated
on a party’s alleged commission of conduct constituting
an offense of sexual assault or child molestation, evidence
of that party’s commission of another offense or offenses
of sexual assault or child molestation is admissible and
may be considered as provided in Rule 413 and Rule 414
of these Rules.
‘‘(b) DISCLOSURE TO OTHER PARTIES.—A party who
intends to offer evidence under this Rule shall disclose the
evidence to the party against whom it will be offered, in-
cluding statements of witnesses or a summary of the sub-
stance of any testimony that is expected to be offered, at
least 15 days before the scheduled date of trial or at such
later time as the court may allow for good cause.
‘‘(c) EFFECT ON OTHER RULES.—This Rule shall
not be construed to limit the admission or consideration
of evidence under any other Rule.’’.
110
ing leading to the finding of relevance, and the
basis of the finding that the probative value of
the evidence outweighs the danger of unfair
prejudice notwithstanding the potential of the
evidence to humiliate and embarrass the alleged
victim and to result in unfair or biased infer-
ences.’’; and
(5) in subdivision (d), by striking ‘‘an offense
under chapter 109A of title 18, United States Code’’
and inserting ‘‘the conduct proscribed by chapter
109A of title 18, United States Code,’’.
(b) INTERLOCUTORY APPEAL.—Section 3731 of title
18, United States Code, is amended by inserting after the
second paragraph the following:
‘‘An appeal by the United States before trial shall
lie to a court of appeals from an order of a district court
admitting evidence of an alleged victim’s past sexual be-
havior in a criminal case in which the defendant is charged
with an offense involving conduct proscribed by chapter
109A of this title, whether or not the conduct occurred
in the special maritime and territorial jurisdiction of the
United States or in a Federal prison.’’.
111
SEC. 213. INADMISSIBILITY OF EVIDENCE TO SHOW PROVO-
CATION OR INVITATION BY VICTIM IN SEX
OFFENSE CASES.
The Federal Rules of Evidence are amended by add-
ing after Rule 415 (as added by section 421 of this Act)
the following:
‘‘Rule 416. Inadmissibility of evidence to show invita-
tion or provocation by victim in sexual
abuse cases
‘‘In a criminal case in which a person is accused of
an offense involving conduct proscribed by chapter 109A
of title 18, United States Code, whether or not the conduct
occurred in the special maritime and territorial jurisdic-
tion of the United States or in a Federal prison, evidence
is not admissible to show that the alleged victim invited
or provoked the commission of the offense. This Rule does
not limit the admission of evidence of consent by the al-
leged victim if the issue of consent is relevant to liability
and the evidence is otherwise admissible under these
Rules.’’.
SEC. 214. ADMISSIBILITY OF CERTAIN EVIDENCE.
(a) IN GENERAL.—Chapter 223 of title 18, United
States Code, is amended by adding at the end the follow-
ing:
112
‘‘§ 3510. Admissibility of evidence obtained by search
or seizure
‘‘(a) EVIDENCE OBTAINED BY OBJECTIVELY REA-
SONABLE SEARCH OR SEIZURE.—Evidence which is ob-
tained as a result of a search or seizure shall not be ex-
cluded in a proceeding in a court of the United States
on the ground that the search or seizure was in violation
of the fourth amendment to the Constitution of the United
States, if the search or seizure was carried out in cir-
cumstances justifying an objectively reasonable belief that
it was in conformity with the fourth amendment. The fact
that evidence was obtained pursuant to and within the
scope of a warrant constitutes prima facie evidence of the
existence of such circumstances.
‘‘(b) EVIDENCE NOT EXCLUDABLE BY STATUTE OR
RULE.—Evidence shall not be excluded in a proceeding
in a court of the United States on the ground that it was
obtained in violation of a statute, an administrative rule
or regulation, or a rule of procedure unless exclusion is
expressly authorized by statute or by a rule prescribed by
the Supreme Court pursuant to statutory authority.
‘‘(c) RULE OF CONSTRUCTION.—This section shall
not be construed to require or authorize the exclusion of
evidence in any proceeding.’’.
113
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 223 of title 18, United States
Code, is amended by adding at the end the following:
‘‘3510. Admissibility of evidence obtained by search or seizure.’’.
SEC. 215. GENERAL SAFEGUARDS AGAINST RACIAL PREJU-
DICE OR BIAS IN THE TRIBUNAL.
In a criminal trial in a court of the United States,
or of any State—
(1) on motion of the defense attorney or pros-
ecutor, the risk of racial prejudice or bias shall be
examined on voir dire if there is a substantial likeli-
hood in the circumstances of the case that such prej-
udice or bias will affect the jury either against or in
favor of the defendant;
(2) on motion of the defense attorney or pros-
ecutor, a change of venue shall be granted if an im-
partial jury cannot be obtained in the original venue
because of racial prejudice or bias; and
(3) neither the prosecutor nor the defense at-
torney shall make any appeal to racial prejudice or
bias in statements before the jury.
SEC. 216 PROTECTION OF JURORS AND WITNESSES IN CAP-
ITAL 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
114
not be furnished if the court finds by a preponderance of
the evidence that providing the list may jeopardize the life
or safety of any person’’.
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; and
‘‘(3) in any other case, imprisonment for not
more than ten years.’’; and
115
(4) in subsection (a), as designated by this sec-
tion, by striking ‘‘commissioner’’ each place it ap-
pears and inserting ‘‘magistrate judge’’.
SEC. 218. 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. 219. AMENDMENT OF RESTITUTION PROVISIONS.
(a) ORDER OF RESTITUTION.—Section 3663 of title
18, United States Code, is amended—
(1) in subsection (a) by—
(A) striking ‘‘(a) The court’’ and inserting
‘‘(a)(1) The court’’;
(B) striking ‘‘may order’’ and inserting
‘‘shall order’’; and
(C) adding at the end thereof the following
new paragraph:
‘‘(4) In addition to ordering restitution of the victim
of the offense of which a defendant is convicted, a court
may order restitution of any person who, as shown by a
preponderance of evidence, was harmed physically, emo-
118
reflect the level of contribution and economic cir-
cumstances of each offender.
‘‘(f) When the court finds that more than 1 victim
has sustained a loss requiring restitution by an offender,
the court shall order full restitution of each victim but may
provide for different payment schedules to reflect the eco-
nomic circumstances of each victim.
‘‘(g)(1) If the victim has received or is entitled to re-
ceive compensation with respect to a loss from insurance
or any other source, the court shall order that restitution
be paid to the person who provided or is obligated to pro-
vide the compensation, but the restitution order shall pro-
vide that all restitution of victims required by the order
be paid to the victims before any restitution is paid to
such a provider of compensation.
‘‘(2) The issuance of a restitution order shall not af-
fect the entitlement of a victim to receive compensation
with respect to a loss from insurance or any other source
until the payments actually received by the victim under
the restitution order fully compensate the victim for the
loss, at which time a person that has provided compensa-
tion to the victim shall be entitled to receive any payments
remaining to be paid under the restitution order.
119
‘‘(3) Any amount paid to a victim under an order of
restitution shall be set off against any amount later recov-
ered as compensatory damages by the victim in—
‘‘(A) any Federal civil proceeding; and
‘‘(B) any State civil proceeding, to the extent
provided by the law of the State.
‘‘(h) A restitution order shall provide that—
‘‘(1) all fines, penalties, costs, restitution pay-
ments and other forms of transfers of money or
property made pursuant to the sentence of the court
shall be made by the offender to the clerk of the
court for accounting and payment by the clerk in ac-
cordance with this subsection;
‘‘(2) the clerk of the court shall—
‘‘(A) log all transfers in a manner that
tracks the offender’s obligations and the cur-
rent status in meeting those obligations, unless,
after efforts have been made to enforce the res-
titution order and it appears that compliance
cannot be obtained, the court determines that
continued recordkeeping under this subpara-
graph would not be useful;
‘‘(B) notify the court and the interested
parties when an offender is 90 days in arrears
in meeting those obligations; and
120
‘‘(C) disburse money received from an of-
fender so that each of the following obligations
is paid in full in the following sequence:
‘‘(i) a penalty assessment under sec-
tion 3013 of title 18, United States Code;
‘‘(ii) restitution of all victims; and
‘‘(iii) all other fines, penalties, costs,
and other payments required under the
sentence; and
‘‘(3) the offender shall advise the clerk of the
court of any change in the offender’s address during
the term of the restitution order.
‘‘(i) A restitution order shall constitute a lien against
all property of the offender and may be recorded in any
Federal or State office for the recording of liens against
real or personal property.
‘‘(j) Compliance with the schedule of payment and
other terms of a restitution order shall be a condition of
any probation, parole, or other form of release of an of-
fender. If a defendant fails to comply with a restitution
order, the court may revoke probation or a term of super-
vised release, modify the term or conditions of probation
or a term of supervised release, hold the defendant in con-
tempt of court, enter a restraining order or injunction,
order the sale of property of the defendant, accept a per-
121
formance bond, or take any other action necessary to ob-
tain compliance with the restitution order. In determining
what action to take, the court shall consider the defend-
ant’s employment status, earning ability, financial re-
sources, the willfulness in failing to comply with the res-
titution order, and any other circumstances that may have
a bearing on the defendant’s ability to comply with the
restitution order.
‘‘(k) An order of restitution may be enforced—
‘‘(1) by the United States—
‘‘(A) in the manner provided for the collec-
tion and payment of fines in subchapter (B) of
chapter 229 of this title; or
‘‘(B) in the same manner as a judgment in
a civil action; and
‘‘(2) by a victim named in the order to receive
the restitution, in the same manner as a judgment
in a civil action.
‘‘(l) A victim or the offender may petition the court
at any time to modify a restitution order as appropriate
in view of a change in the economic circumstances of the
offender.’’.
(b) PROCEDURE FOR ISSUING ORDER OF RESTITU-
TION.—Section 3664 of title 18, United States Code, is
amended—
122
(1) by striking subsection (a);
(2) by redesignating subsections (b), (c), (d),
and (e) as subsections (a), (b), (c), and (d);
(3) by amending subsection (a), as redesignated
by paragraph (2), to read as follows:
‘‘(a) The court may order the probation service of the
court to obtain information pertaining to the amount of
loss sustained by any victim as a result of the offense,
the financial resources of the defendant, the financial
needs and earning ability of the defendant and the defend-
ant’s dependents, and such other factors as the court
deems appropriate. The probation service of the court
shall include the information collected in the report of
presentence investigation or in a separate report, as the
court directs.’’; and
(4) by adding at the end thereof the following
new subsection:
‘‘(e) The court may refer any issue arising in connec-
tion with a proposed order of restitution to a magistrate
or special master for proposed findings of fact and rec-
ommendations as to disposition, subject to a de novo de-
termination of the issue by the court.’’.
123
TITLE III—PROTECTING
FAMILIES AND COMMUNITIES
Subtitle A—Safe Neighborhoods
SEC. 301. INCREASED PENALTIES FOR DRUG TRAFFICKING
NEAR SCHOOLS.
Section 419 of the Controlled Substances Act (21
U.S.C. 860) is amended—
(1) in subsection (a) by striking ‘‘one year’’ and
inserting ‘‘3 years’’; and
(2) in subsection (b) by striking ‘‘three years’’
each place it appears and inserting ‘‘5 years’’.
SEC. 302. FEDERAL SAFE SCHOOL DISTRICTS.
(a) ELECTION TO QUALIFY.—
(1) IN GENERAL.—By decision of a local edu-
cational agency or by referendum of the voters in a
school district served by a local educational agency,
a school district may elect to qualify as a Federal
safe school district under this section.
(2) DEFINITION.—For purposes of this section,
the term ‘‘local educational agency’’ shall have the
meaning given such term in section 1471(12) of the
Elementary and Secondary Education Act of 1965.
(b) FUNDING FOR ENHANCED SCHOOL SECURITY.—
(1) IN GENERAL.—The Attorney General may
make a grant to a local educational agency serving