136
(1) in paragraph (3) by striking ‘‘and Q’’ and
inserting ‘‘Q and R’’; and
(2) by adding at the end the following new
paragraph:
‘‘(13) There are authorized to be appropriated
$70,000,000 for each of the fiscal years 1994 through
1998.’’.
SEC. 306. ADDITION OF ANTI-GANG BYRNE GRANT FUNDING
OBJECTIVE.
Section 501(b) of title I of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 (42 U.S.C. 3751) is
amended—
(1) in paragraph (20) by striking ‘‘and’’ at the
end;
(2) in paragraph (21) by striking the period
and inserting ‘‘; and’’; and
(3) by inserting after paragraph (21) the fol-
lowing new paragraph:
‘‘(22) law enforcement and prevention programs
relating to gangs, or to youth who are involved or
at risk of involvement in gangs.’’.
SEC. 307. INCREASED PENALTIES FOR DRUG TRAFFICKING
NEAR PUBLIC HOUSING.
Section 419 of the Controlled Substances Act (21
U.S.C. 860) is amended—
137
(1) in subsection (a) by striking ‘‘playground,
or within’’ and inserting ‘‘playground, or housing fa-
cility owned by a public housing authority, or with-
in’’; and
(2) in subsection (b) by striking ‘‘playground,
or within’’ and inserting ‘‘playground, or housing fa-
cility owned by a public housing authority, or with-
in’’.
Subtitle B—Crimes Against
Children
SEC. 311. DEATH PENALTY FOR MURDER DURING THE SEX-
UAL EXPLOITATION OF CHILDREN.
Section 2251(d) of title 18, United States Code, is
amended by adding at the end the following: ‘‘Whoever,
in the course of an offense under this section, engages in
conduct that results in the death of a person, shall be pun-
ished by death or imprisoned for any term of years or for
life.’’.
SEC. 312. INCREASED PENALTIES FOR SEX OFFENSES
AGAINST VICTIMS BELOW THE AGE OF 16.
Paragraph (2) of section 2247 of title 18, United
States Code, as so redesignated by section 403(a) is
amended—
(1) in subparagraph (B) by striking ‘‘or’’ after
the semicolon;
138
(2) in subparagraph (C) by striking ‘‘; and’’
and inserting ‘‘; or’’; and
(3) by inserting a new subparagraph (D) as fol-
lows:
‘‘(D) the intentional touching, not through the
clothing, of the genitalia of another person who has
not attained the age of 16 years with an intent to
abuse, humiliate, harass, degrade, or arouse or grat-
ify the sexual desire of any person;’’.
SEC. 313. PENALTIES FOR INTERNATIONAL TRAFFICKING
IN CHILD PORNOGRAPHY.
(a) IMPORT RELATED OFFENSE.—Chapter 110 of
title 18, United States Code, is amended by adding at the
end the following:
‘‘§ 2258. Production of sexually explicit depictions of
a minor for importation into the United
States
‘‘(a) Any person who, outside the United States, em-
ploys, uses, persuades, induces, entices, or coerces any
minor to engage in, or who has a minor assist any other
person to engage in, or who transports any minor with
the intent that such minor engage in any sexually explicit
conduct for the purpose of producing any visual depiction
of such conduct, shall be punished as provided under sub-
section (c), if such person intends, knows, or has reason
139
to know that such visual depiction will be imported into
the United States or into waters within a distance of 12
miles of the coast of the United States.
‘‘(b) Whoever, outside the United States, knowingly
receives, transports, ships, distributes, sells, or possesses
with intent to transport, ship, sell, or distribute any visual
depiction of a minor engaging in sexually explicit conduct
if the production of such visual depiction involved the use
of a minor engaging in sexually explicit conduct, shall be
published as provided under subsection (c), if such person
intends, knows, or has reason to know that such visual
depiction will be imported into the United States or into
waters within a distance of 12 miles of the coast of the
United States.
‘‘(c) Any individual who violates this section, or con-
spires or attempts to do so, shall be fined under this title,
or imprisoned not more than 10 years, or both, but, if
such individual has a prior conviction under this chapter
or chapter 109A of this title, such individual shall be fined
according to the provisions of this title, or imprisoned not
less than five years nor more than 15 years, or both.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 110 of title 18, United States
Code, is amended by adding at the end the following:
‘‘2258. Production of sexually explicit depictions of a minor for importation into
the United States.’’.
140
(c) TECHNICAL AMENDMENT.—Section 2251(d) of
title 18, United States Code, is amended—
(1) by striking ‘‘not more than $100,000’’ and
inserting ‘‘under this title’’;
(2) by striking ‘‘not more than $200,000’’ and
inserting ‘‘under this title’’; and
(3) by striking ‘‘not more than $250,000’’ and
inserting ‘‘under this title’’.
(d) SECTION 2251 PENALTY ENHANCEMENT.—Sec-
tion 2251(d) of title 18, United States Code, is amended
by striking ‘‘this section’’ the second place it appears and
inserting ‘‘this chapter or chapter 109A of this title’’.
(e) SECTION 2252 PENALTY ENHANCEMENT.—Sec-
tion 2252(b)(1) of title 18, United States Code, is amend-
ed by striking ‘‘this section’’ and inserting ‘‘this chapter
or chapter 109A of this title’’.
(f) CONSPIRACY AND ATTEMPT.—Sections 2251(d)
and 2252(b) of title 18, United States Code, are each
amended by inserting ‘‘, or attempts or conspires to do
so,’’ after ‘‘violates’’ each place it appears.
(g) RICO AMENDMENT.—Section 1961(l) of title 18,
United States Code, is amended by striking ‘‘2251–2252’’
and inserting ‘‘2251, 2252, or 2258’’.
(h) TRANSPORTATION OF MINORS.—Section 2423 of
title 18, United States Code, is amended—
141
(1) by inserting ‘‘(a)’’ before ‘‘Whoever’’; and
(2) by adding at the end the following:
‘‘(b) Whoever travels in interstate or foreign com-
merce, or conspires to do so, for the purpose of engaging
in any sexual act (as the term ‘sexual act’ is defined in
section 2245 of this title) with a person under 18 years
of age which would be in violation of chapter 109A of this
title if such sexual act occurred in the special maritime
and territorial jurisdiction of the United States.’’
SEC. 314. INCREASED PENALTIES FOR ASSAULTS AGAINST
CHILDREN.
(a) SIMPLE ASSAULT.—Section 113(e) of title 18,
United States Code, is amended by striking ‘‘by fine’’ and
all that follows through the period and inserting ‘‘—
‘‘(A) if the victim of the assault is an individual
who has not attained the age of 16 years, by a fine
under this title or imprisonment for not more than
one year, or both; and
‘‘(B) by a fine under this title or imprisonment
for not more than three months, or both, in any
other case.’’.
(b) ASSAULTS RESULTING IN SUBSTANTIAL BODILY
INJURY.—Section 113 of title 18, United States Code, is
amended by adding at the end the following:
142
‘‘(7) Assault resulting in substantial bodily in-
jury to an individual who has not attained the age
of 16 years, by a fine under this title or imprison-
ment for not more than 5 years, or both.’’.
(c) TECHNICAL AND STYLISTIC CHANGES TO SEC-
TION 113.—Section 113 of title 18, United States Code,
is amended—
(1) in paragraph (b), by striking ‘‘of not more
than $3,000’’ and inserting ‘‘under this title’’;
(2) in paragraph (c), by striking ‘‘of not more
than $1,000’’ and inserting ‘‘under this title’’;
(3) in paragraph (d), by striking ‘‘of not more
than $500’’ and inserting ‘‘under this title’’;
(4) in paragraph (e), by striking ‘‘of not more
than $300’’ and inserting ‘‘under this title’’;
(5) by modifying the left margin of each of
paragraphs (a) through (f) so that they are indented
2 ems;
(6) by redesignating paragraphs (a) through (f)
as paragraphs (1) through (6); and
(7) by inserting ‘‘(a)’’ before ‘‘Whoever’’.
(d) DEFINITIONS.—Section 113 of title 18, United
States Code, is amended by adding at the end the
following:
‘‘(b) As used in this subsection—
143
‘‘(1) the term ‘substantial bodily injury’ means
bodily injury which involves—
‘‘(A) a temporary but substantial disfigure-
ment; or
‘‘(B) a temporary but substantial loss or
impairment of the function of any bodily mem-
ber, organ, or mental faculty; and
‘‘(2) the term ‘serious bodily injury’ has the
meaning given that term in section 1365 of this
title.’’.
(e) 
ASSAULTS
IN
INDIAN
COUNTRY.—Section
1153(a) of title 18, United States Code, is amended by
inserting ‘‘(as defined in section 1365 of this title), an
assault against an individual who has not attained the age
of 16 years’’ after ‘‘serious bodily injury’’.
SEC. 315. INCREASED PENALTIES FOR DRUG DISTRIBUTION
TO PREGNANT WOMEN.
The United States Sentencing Commission shall
amend the sentencing guidelines to increase by at least
4 levels the base offense level for an offense under section
2241 (relating to aggravated sexual abuse) or section
2242 (relating to sexual abuse) of title 18, United States
Code, and shall consider whether any other changes are
warranted in the guidelines provisions applicable to such
offenses to ensure realization of the objectives of sentenc-
144
ing. In amending the guidelines in conformity with this
section, the Sentencing Commission shall review the ap-
propriateness and adequacy of existing offense character-
istics and adjustments applicable to such offenses, taking
into account the heinousness of sexual abuse offenses, the
severity and duration of the harm caused to victims, and
any other relevant factors. In any subsequent amendment
to the sentencing guidelines, the Sentencing Commission
shall maintain minimum guidelines sentences for the of-
fenses referenced in this section which are at least equal
to those required by this section.
SEC. 316. INTERSTATE ENFORCEMENT OF CHILD SUPPORT
ORDERS.
(a) TITLE 28 AMENDMENT.—Chapter 115 of title 28,
United States Code, is amended by inserting after section
1738A the following new section:
‘‘§ 1738B. Full faith and credit given to child support
orders
‘‘(a) GENERAL RULE.—The appropriate authorities
of each State shall enforce according to its terms, and
shall not modify except as provided in subsection (e), any
child support order made consistently with the provisions
of this section by a court of another State.
‘‘(b) DEFINITIONS.—As used in this section, the
term—
145
‘‘(1) ‘child’ means any person under 18 years of
age, and includes an individual 18 or more years of
age for whom a child support order has been issued
pursuant to the laws of a State;
‘‘(2) ‘child’s State’ means the State in which a
child currently resides;
‘‘(3) ‘child support order’ means a judgment,
decree, or order of a court requiring the payment of
money, or the provision of a benefit, including health
insurance, whether in periodic amounts or lump
sum, for the support of a child and includes perma-
nent and temporary orders, initial orders and modi-
fications, ongoing support, and arrearages;
‘‘(4) ‘child support’ means a payment of money
or provision of a benefit described in paragraph (3)
for the support of a child;
‘‘(5) ‘contestant’ means a person, including a
parent, who claims a right to receive child support
or against whom a right to receive child support is
claimed or asserted, and includes States and political
subdivisions to whom the right to obtain a child sup-
port order has been assigned;
‘‘(6) ‘court’ means a court, administrative proc-
ess, or quasi-judicial process of a State which is au-
thorized by State law to establish the amount of
146
child support payable by a contestant or modify the
amount of child support payable by a contestant;
‘‘(7) ‘modification’ and ‘modify’ refer to a
change in a child support order which affects the
amount, scope, or duration of such order and modi-
fies, replaces, supersedes, or otherwise is made sub-
sequent to such child support order, whether or not
made by the same court as such child support order;
and
‘‘(8) ‘State’ means a State of the United
States, the District of Columbia, the Commonwealth
of Puerto Rico, the territories and possessions of the
United States, and Indian country as defined in sec-
tion 1151 of title 18.
‘‘(c) REQUIREMENTS OF CHILD SUPPORT ORDERS.—
A child support order made by a court of a State is con-
sistent with the provisions of this section only if—
‘‘(1) such court, pursuant to the laws of the
State in which such court is located, had jurisdiction
to hear the matter and enter such an order and had
personal jurisdiction over the contestants; and
‘‘(2) reasonable notice and opportunity to be
heard was given to the contestants.
‘‘(d) CONTINUING JURISDICTION.—A court of a
State which has made a child support order consistently
147
with the provisions of this section has continuing, exclusive
jurisdiction of that order when such State is the child’s
State or the residence of any contestant unless another
State, acting in accordance with subsection (e), has modi-
fied that order.
‘‘(e) AUTHORITY TO MODIFY ORDERS.—A court of
a State may modify a child support order with respect to
a child that is made by a court of another State, if—
‘‘(1) it has jurisdiction to make such a child
support order; and
‘‘(2) the court of the other State no longer has
continuing, exclusive jurisdiction of the child support
order because such State no longer is the child’s
State or the residence of any contestant, or each
contestant has filed written consent for the State to
modify the order and assume continuing, exclusive
jurisdiction of such order.
‘‘(f) ENFORCEMENT OF PRIOR ORDERS.—A court of
a State which no longer has continuing, exclusive jurisdic-
tion of a child support order may enforce such order with
respect to unsatisfied obligations which accrued before the
date on which a modification of such order is made under
subsection (e).’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions at the beginning of chapter 115 of title 28, United
149
‘‘§ 21. Use of children in Federal offenses
‘‘(a) Except as otherwise provided by law, whoever,
being at least 18 years of age, uses a child to commit a
Federal offense, or to assist in avoiding detection or ap-
prehension for a Federal offense, shall—
‘‘(1) after a previous conviction under this sub-
section has become final, be subject to 3 times the
maximum imprisonment and 3 times the maximum
fine otherwise provided for the Federal offense in
which the child is used; and
‘‘(2) in any other case, be subject to 2 times the
maximum imprisonment and 2 times the maximum
fine for such offense.
‘‘(b) As used in this section—
‘‘(1) the term ‘child’ means a person who is
under 18 years of age; and
‘‘(2) the term ‘uses’ means employs, hires, uses,
persuades, induces, entices, or coerces.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 1 of title 18, United States
Code, is amended by adding at the end the following new
item:
‘‘21. Use of children in Federal offenses.’’.
150
SEC. 319. INTERNATIONAL PARENTAL KIDNAPPING.
(a) IN GENERAL.—Chapter 55 (relating to kidnap-
ping) of title 18, United States Code, is amended by add-
ing at the end the following:
‘‘§ 1204. International parental kidnapping
‘‘(a) Whoever—
‘‘(1) removes a child from the United States or
retains a child (who has been in the United States)
outside the United States—
‘‘(A) in order to obstruct the lawful exer-
cise of parental rights that are established in a
court order;
‘‘(B) in order to obstruct the lawful exer-
cise of parental rights by the mother of that
child, in the case of a child—
‘‘(i) whose parents have not been mar-
ried;
‘‘(ii) with regard to whom paternity
has not been judicially established; and
‘‘(iii) whose custody has not been judi-
cially granted to a person other than the
mother; or
‘‘(C) in order to obstruct the lawful exer-
cise of parental rights during the pendency of
judicial proceedings to determine parental
rights; or
151
‘‘(2) in any other circumstances removes a child
from the United States or retains a child (who has
been in the United States) outside the United
States, in order to obstruct the lawful exercise of pa-
rental rights;
shall be fined under this title or imprisoned not more than
3 years, or both.
‘‘(b) As used in this section—
‘‘(1) the term ‘child’ means a person who has
not attained the age of 16 years; and
‘‘(2) the term ‘parental rights’, with respect to
a child, means the right to physical custody of the
child—
‘‘(A) whether joint or sole (and includes
visiting rights); and
‘‘(B) whether arising by operation of law,
court order, or agreement of the parties.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 55 of title 18, United States
Code, is amended by adding at the end the following:
‘‘1204. International parental kidnapping.’’.
SEC. 320. STATE COURT PROGRAMS REGARDING INTER-
NATIONAL PARENTAL CHILD ABDUCTION.
There is authorized to be appropriated $250,000 to
carry out under the State Justice Institute Act of 1984
(42 U.S.C. 10701–10713) national, regional, and in-State
152
training and educational programs dealing with criminal
and civil aspects of interstate and international parental
child abduction.
SEC. 321. KIDNAPPING.
Section 1201(g)(1) of title 18, United States Code,
is amended by inserting ‘‘to the penalty of death if the
death of the victim results and, in any other case,’’ after
‘‘shall be subject’’.
Subtitle C—Punishment of Serious
Juvenile Offenders
SEC. 331. SERIOUS JUVENILE DRUG OFFENSES AS ARMED
CAREER CRIMINAL ACT PREDICATES.
Section 924(e)(2)(A) of title 18, United States Code,
is amended—
(1) by striking ‘‘or’’ at the end of clause (i);
(2) by adding ‘‘or’’ at the end of clause (ii); and
(3) by adding at the end the following:
‘‘(iii) any act of juvenile delinquency
that if committed by an adult would be an
offense described in this subparagraph;’’.
SEC. 
332. 
AMENDMENTS 
CONCERNING 
RECORDS 
OF
CRIMES COMMITTED BY JUVENILES.
(a) IN GENERAL.—Section 5038 of title 18, United
States Code, is amended by striking subsections (d) and
153
(f), redesignating subsection (e) as subsection (d), and by
adding at the end new subsections (e) and (f) as follows:
‘‘(e) Whenever a juvenile has been found guilty of
committing an act which if committed by an adult would
be an offense described in clause (3) of the first paragraph
of section 5032 of this title, the juvenile shall be
fingerprinted and photographed, and the fingerprints and
photograph shall be sent to the Federal Bureau of Inves-
tigation, Identification Division. The court shall also
transmit to the Federal Bureau of Investigation, Identi-
fication Division, the information concerning the adjudica-
tion, including name, date of adjudication, court, offenses,
and sentence, along with the notation that the matter was
a juvenile adjudication. The fingerprints, photograph, and
other records and information relating to a juvenile de-
scribed in this subsection, or to a juvenile who is pros-
ecuted as an adult, shall be made available in the manner
applicable to adult defendants.
‘‘(f) In addition to any other authorization under this
section for the reporting, retention, disclosure, or avail-
ability of records or information, if the law of the State
in which a Federal juvenile delinquency proceeding takes
place permits or requires the reporting, retention, disclo-
sure, or availability of records or information relating to
a juvenile or to a juvenile delinquency proceeding or adju-
154
dication in certain circumstances, then such reporting, re-
tention, disclosure, or availability is permitted under this
section whenever the same circumstances exist.’’.
(b) REPEAL.—Section 3607 of title 18, United States
Code, is repealed, and the corresponding item in the chap-
ter analysis for chapter 229 of title 18 is deleted.
(c) CONFORMING AMENDMENT.—Section 401(b)(4)
of the Controlled Substances Act (21 U.S.C. 841(b)(4))
is amended by striking ‘‘and section 3607 of title 18’’.
SEC. 333. PROSECUTION AS ADULTS OF VIOLENT JUVENILE
OFFENDERS.
Section 5032 of title 18, United States Code, is
amended by adding at the end the following new para-
graph:
‘‘Notwithstanding any other provision of this section
or any other law, a juvenile who was 13 years old or older
on the date of the commission of an offense under section
113 (a), (b), or (c), 1111, 1113, 2111 or 2113 (if the
juvenile was in possession of a firearm during the offense),
or 2241 (a) or (c) (if the juvenile was in possession of
a firearm during the offense) of this title shall be pros-
ecuted as an adult in Federal court. No juvenile pros-
ecuted as an adult under this paragraph shall be incarcer-
ated in an adult prison. If a juvenile prosecuted under this
paragraph is convicted, the juvenile shall be entitled to file
155
a petition for resentencing pursuant to applicable sentenc-
ing guidelines when he or she reaches the age of 16. The
United States Sentencing Commission shall promulgate
guidelines or amend existing guidelines, if necessary, to
carry out the purposes of this paragraph. For resentencing
determinations pursuant to subsection (b), the Commis-
sion may promulgate guidelines, if necessary, to permit
sentencing adjustments which may include adjustments
which provide for supervised releases, for defendants who
have clearly demonstrated an exceptional degree of respon-
sibility for the offense and a willingness and ability to re-
frain from future criminal conduct.’’.
TITLE IV—PROTECTION OF
WOMEN
Subtitle A—Spouse Abuse and
Stalking
SEC. 401. INTERSTATE TRAVEL TO COMMIT SPOUSE ABUSE
OR TO VIOLATE PROTECTIVE ORDER; INTER-
STATE STALKING.
(a) OFFENSE.—Part 1 of title 18, United States
Code, is amended by inserting after chapter 110 the
following:
‘‘CHAPTER 110A—DOMESTIC VIOLENCE AND
OFFENSES AGAINST THE FAMILY
‘‘Sec.
‘‘2261. Domestic violence and stalking.
156
‘‘§ 2261. Domestic violence and stalking
‘‘(a) OFFENSE.—Whoever, in a circumstance de-
scribed in subsection (c), causes or attempts to cause bod-
ily injury to, engages in sexual abuse against, or violates
a protective order in relation to, another shall be pun-
ished—
‘‘(1) if death results, by death or by imprison-
ment for any term of years or for life;
‘‘(2) if permanent disfigurement or life-threat-
ening bodily injury results, by imprisonment for not
more than 20 years;
‘‘(3) if serious bodily injury results, or if a fire-
arm, knife, or other dangerous weapon is possessed,
carried, or used during the commission of the of-
fense, by imprisonment for not more than 10 years;
and
‘‘(4) in any other case, by imprisonment for not
more than five years.
If, however, the defendant engages in sexual abuse and
the penalty authorized for such conduct under chapter
109A exceeds the penalty which would otherwise be au-
thorized under this subsection, then the penalty authorized
for such conduct under chapter 109A shall apply.
‘‘(b) MANDATORY PENALTIES.—A sentence under
this section shall include at least 3 months of imprison-
ment if the offense involves the infliction of bodily injury
157
on or the commission of sexual abuse against the victim.
A sentence under this section shall include at least 6
months of imprisonment if the offense involves the viola-
tion of a protective order and the defendant has previously
violated a protective order in relation to the same victim.
‘‘(c) REQUIRED CIRCUMSTANCES.—The circumstance
referred to in subsection (a) of this section is that the de-
fendant traveled in interstate or foreign commerce, or
transported or caused another to move in interstate or for-
eign commerce, with the intention of committing or in fur-
therance of committing the offense, and—
‘‘(1) the victim was a spouse or former spouse
of the defendant, was cohabiting with or had
cohabited with the defendant, or had a child in com-
mon with the defendant; or
‘‘(2) the defendant on two or more occasions—
‘‘(A) has caused or attempted or threat-
ened to cause death or serious bodily injury to
or engaged in sexual abuse in relation to the
victim; or
‘‘(B) has engaged in any conduct that
caused or was intended to cause apprehension
by the victim that the victim would be subjected
to death, serious bodily injury, or sexual abuse.
‘‘(d) DEFINITIONS.—As used in this section—
158
‘‘(1) the term ‘protective order’ means an order
issued by a court of a State prohibiting or limiting
violence against, harassment of, contact or commu-
nication with, or physical proximity to another per-
son;
‘‘(2) the term ‘sexual abuse’ means any conduct
proscribed by chapter 109A of this title, whether or
not the conduct occurs in the special maritime and
territorial jurisdiction of the United States or in a
Federal prison;
‘‘(3) the terms ‘serious bodily injury’ and ‘bod-
ily injury’ have the meanings, respectively, given
those terms in section 1365(g) of this title; and
‘‘(4) the term ‘State’ has the meaning given
that term in section 513(c)(5) of this title.’’.
(b) CLERICAL AMENDMENT.—The table of chapters
at the beginning of Part 1 of title 18, United States Code,
is amended by inserting after the item for chapter 110
the following:
‘‘110A. Domestic violence and offenses against the family ...................... 2261’’.
SEC. 402. FULL FAITH AND CREDIT FOR PROTECTIVE OR-
DERS.
(a) REQUIREMENT OF FULL FAITH AND CREDIT.—
Chapter 110A of title 18, United States Code, as enacted
by section 141 of this Act, is amended by adding at the
end the following:
159
‘‘§ 2262. Full faith and credit for protective orders
‘‘(a) A protective order issued by a court of a State
shall have the same full faith and credit in a court in an-
other State that it would have in a court of the State in
which issued, and shall be enforced by the courts of any
State as if it were issued in that State.
‘‘(b) As used in this section—
‘‘(1) the term ‘protective order’ means an order
prohibiting or limiting violence against, harassment
of, contact or communication with, or physical prox-
imity to another person; and
‘‘(2) the term ‘State’ has the meaning given in
section 513(c)(5) of this title.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 110A of title 18, United States
Code, as enacted by section 141 of this Act, is amended
by inserting at the end the following:
‘‘2262. Full faith and credit for protective orders.’’.
Subtitle B—Sex Offenses and
Punishment
SEC. 411. CIVIL REMEDY FOR VICTIMS OF SEXUAL VIO-
LENCE.
(a) CAUSE OF ACTION.—Whoever, in violation of the
Constitution or laws of the United States, engages in sex-
ual violence against another, shall be liable to the injured
party in an action under this section. The relief available
160
in such an action shall include compensatory and punitive
damages and any appropriate equitable or declaratory
relief.
(b) DEFINITION.—For purposes of this section, ‘‘sex-
ual violence’’ means any conduct proscribed by chapter
109A of title 18, United States Code, whether or not the
conduct occurs in the special maritime and territorial ju-
risdiction of the United States or in a Federal prison.
(c) ATTORNEY’S FEES.—The Civil Rights Attorney’s
Fees Award Act of 1976 (42 U.S.C. 1988) is amended
by striking ‘‘or’’ after ‘‘Public Law 92–318’’ and by in-
serting after ‘‘1964’’ the following: ‘‘, or section 411 of
the Sexual Assault Prevention Act of 1993,’’.
SEC. 412. EXTENSION AND STRENGTHENING OF RESTITU-
TION.
Section 3663 of title 18, United States Code, is
amended—
(1) in subsection (b), by inserting ‘‘or an of-
fense under chapter 109A, chapter 110, or section
2261 of this title’’ after ‘‘an offense resulting in bod-
ily injury to a victim’’ in paragraph (2);
(2) in subsection (b)—
(A) by striking ‘‘and’’ at the end of para-
graph (3);
161
(B) by redesignating paragraph (4) as
paragraph (5); and
(C) by inserting after paragraph (4) the
following:
‘‘(4) in any case, reimburse the victim for lost
income and necessary child care, transportation, and
other expenses related to participation in the inves-
tigation or prosecution of the offense or attendance
at proceedings related to the offense; and’’; and
(3) in subsection (d), by inserting at the end
the following: ‘‘However, the court shall issue an
order requiring restitution of the full amount of the
victim’s losses and expenses for which restitution is
authorized under this section in imposing sentence
for an offense under chapter 109A, chapter 110 or
section 2261 of this title, unless the Government
and the victim do not request such restitution.’’.
SEC. 413. PRE-TRIAL DETENTION IN SEX OFFENSE CASES.
Section 3156(a)(4) of title 18, United States Code,
is amended—
(1) by striking ‘‘, or’’ at the end of subpara-
graph (A) and inserting a semicolon;
(2) by striking the period at the end of sub-
paragraph (B) and inserting ‘‘; or’’; and
162
(3) by adding after subparagraph (B) the
following:
‘‘(C) any felony under chapter 109A, chapter
110, or section 2261 of this title.’’.
SEC. 414. MANDATORY LIFE IMPRISONMENT FOR FORC-
IBLE RAPE.
Section 2241(a) of title 18, United States Code, is
amended by striking ‘‘fined under this title’’ and all that
follows through ‘‘or both.’’ and inserting ‘‘imprisoned for
life and may be fined under this title.’’.
SEC. 415. DEATH PENALTY FOR RAPE AND CHILD MOLES-
TATION MURDERS.
(a) OFFENSE.—Chapter 109A of title 18, United
States Code, is amended by redesignating section 2245 as
section 2246, and by adding the following new section:
‘‘§ 2245. Sexual abuse resulting in death
‘‘Whoever, in the course of an offense under this
chapter, engages in conduct that results in the death of
a person, shall be punished by death or imprisoned for
any term of years or for life.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 109A of title 18, United States
Code, is amended by striking the item for section 2245
and adding the following:
‘‘2245. Sexual abuse resulting in death.
‘‘2246. Definitions for chapter.’’.
163
SEC. 416. INCREASED PENALTIES FOR RECIDIVIST SEX OF-
FENDERS.
(a) REDESIGNATION.—Sections 2245 and 2246 of
title 18, United States Code, as so designated by section
137, are redesignated sections 2246 and 2247, respec-
tively.
(b) PENALTIES
FOR SUBSEQUENT OFFENSES.—
Chapter 109A of title 18, United States Code, is amended
by inserting the following new section after section 2244:
‘‘§ 2245. Penalties for subsequent offenses
‘‘Any person who violates this chapter, after a prior
conviction under this chapter or the law of a State (as
defined in section 513 of this title) for conduct proscribed
by this chapter has become final, is punishable by a term
of imprisonment up to twice that otherwise authorized.’’.
(c) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 109A of title 18, United States
Code, as amended by section 137, is amended—
(1) by striking ‘‘2245’’ and inserting ‘‘2246’’;
(2) by striking ‘‘2246’’ and inserting ‘‘2247’’;
and
(3) by inserting after the item relating to sec-
tion 2244 the following:
‘‘2245. Penalties for subsequent offenses.’’.
164
SEC. 417. SENTENCING GUIDELINES INCREASE FOR SEX OF-
FENSES.
The United States Sentencing Commission shall
amend the sentencing guidelines to increase by at least
4 levels the base offense level for an offense under section
2241 (relating to aggravated sexual abuse) or section
2242 (relating to sexual abuse) of title 18, United States
Code, and shall consider whether any other changes are
warranted in the guidelines provisions applicable to such
offenses to ensure realization of the objectives of sentenc-
ing. In amending the guidelines in conformity with this
section, the Sentencing Commission shall review the ap-
propriateness and adequacy of existing offense character-
istics and adjustments applicable to such offenses, taking
into account the heinousness of sexual abuse offenses, the
severity and duration of the harm caused to victims, and
any other relevant factors. In any subsequent amendment
to the sentencing guidelines, the Sentencing Commission
shall maintain minimum guidelines sentences for the of-
fenses referenced in this section which are at least equal
to those required by this section.
SEC. 418. HIV TESTING AND PENALTY ENHANCEMENT IN
SEXUAL OFFENSE CASES.
(a) IN GENERAL.—Chapter 109A of title 18, United
States Code, is amended by adding at the end the follow-
ing:
165
‘‘§ 2248. Testing for human immunodeficiency virus;
disclosure of test results to victim; effect
on penalty
‘‘(a) TESTING AT TIME OF PRE-TRIAL RELEASE DE-
TERMINATION.—In a case in which a person is charged
with an offense under this chapter, a judicial officer issu-
ing an order pursuant to section 3142(a) of this title shall
include in the order a requirement that a test for the
human immunodeficiency virus be performed upon the
person, and that follow-up tests for the virus be performed
six months and twelve months following the date of the
initial test, unless the judicial officer determines that the
conduct of the person created no risk of transmission of
the virus to the victim, and so states in the order. The
order shall direct that the initial test be performed within
24 hours, or as soon thereafter as feasible. The person
shall not be released from custody until the test is per-
formed.
‘‘(b) TESTING AT LATER TIME.—If a person charged
with an offense under this chapter was not tested for the
human immunodeficiency virus pursuant to subsection (a),
the court may at a later time direct that such a test be
performed upon the person, and that follow-up tests be
performed six months and twelve months following the
date of the initial test, if it appears to the court that the
conduct of the person may have risked transmission of the
166
virus to the victim. A testing requirement under this sub-
section may be imposed at any time while the charge is
pending, or following conviction at any time prior to the
person’s completion of service of the sentence.
‘‘(c) TERMINATION OF TESTING REQUIREMENT.—A
requirement of follow-up testing imposed under this sec-
tion shall be canceled if any test is positive for the virus
or the person obtains an acquittal on, or dismissal of, all
charges under this chapter.
‘‘(d) DISCLOSURE OF TEST RESULTS.—The results
of any test for the human immunodeficiency virus per-
formed pursuant to an order under this section shall be
provided to the judicial officer or court. The judicial offi-
cer or court shall ensure that the results are disclosed to
the victim (or to the victim’s parent or legal guardian, as
appropriate), the attorney for the Government, and the
person tested.
‘‘(e) EFFECT ON PENALTY.—The United States Sen-
tencing Commission shall amend existing guidelines for
sentences for offenses under this chapter to enhance the
sentence if the offender knew or had reason to know that
he was infected with the human immunodeficiency virus,
except where the offender did not engage or attempt to
engage in conduct creating a risk of transmission of the
virus to the victim.’’.
167
(b) CLERICAL AMENDMENT.—The table of chapters
at the beginning of chapter 109A of title 18, United States
Code, is amended by inserting at the end the following
new item:
‘‘2248. Testing for human immunodeficiency virus; disclosure of test results to
victim; effect on penalty.’’.
TITLE V—PREVENTION OF
TERRORISM
Subtitle A—Enhanced Controls on
Entry into the United States
SEC. 501. EXCLUSION BASED ON MEMBERSHIP IN TERROR-
IST ORGANIZATION OF ADVOCACY OF TER-
RORISM.
Section 212(a)(3)(B) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(a)(3)(B)) is amended—
(1) in clause (i)(II) by inserting ‘‘or’’ at the
end;
(2) by adding after clause (i)(II) the following:
‘‘(III) is a member of an organization
that engages in terrorist activity or who
actively supports or advocates terrorist
activity,’’;
(3) by adding after clause (iii) the following:
‘‘(iv) 
TERRORIST
ORGANIZATION
DE-
FINED.—As used in this Act, the term ‘terrorist
organization’ means an organization which com-
168
mits terrorist activity as determined by the At-
torney General, in consultation with the Sec-
retary of State.’’.
SEC. 502. ADMISSIONS FRAUD.
(a) EXCLUSION FOR FRAUDULENT DOCUMENTS AND
FAILURE
TO
PRESENT
DOCUMENTS.—Section
212(a)(6)(C) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(6)(C)) is amended—
(1) by striking ‘‘(C) MISREPRESENTATION’’ and
inserting in lieu thereof the following:
‘‘(C) FRAUD, MISREPRESENTATION, AND
FAILURE TO PRESENT DOCUMENTS’’;
(2) by adding at the end the following new
clause:
‘‘(iii) FRAUDULENT DOCUMENTS AND
FAILURE TO PRESENT DOCUMENTS.—
‘‘(I) Any alien who, in seeking
entry to the United States or board-
ing a common carrier for the purpose
of coming to the United States, pre-
sents any document which, in the de-
termination of the immigration offi-
cer, is forged, counterfeit, altered,
falsely made, stolen, or inapplicable to
the alien presenting the document, or
169
otherwise contains a misrepresenta-
tion of a material fact, is excludable.
‘‘(II) Any alien who, in boarding
a common carrier for the purpose of
coming to the United States, presents
a document that relates or purports to
relate to the alien’s eligibility to enter
the United States, and fails to present
such document to an immigration offi-
cer upon arrival at a port of entry
into the United States, is exclud-
able.’’.
(b) AVAILABILITY OF ASYLUM AND OTHER DISCRE-
TIONARY RELIEF.—
(1) Section 208 of the Immigration and Nation-
ality Act (8 U.S.C. 1158) is amended by adding at
the end the following new subsection:
‘‘(e)(1) APPLICATION OF FRAUD EXCLUSION.—Not-
withstanding subsection (a) and except as provided in
paragraph (2), any alien who is excludable under section
212(a)(6)(C)(iii) or section 212(a)(7)(A)(i) may not apply
for or be granted asylum.
‘‘(2) EXCEPTION.—The limitation under paragraph
(1) shall not apply if the action upon which the exclusion
is based was pursuant to direct departure from a country
170
in which (A) the alien has a credible fear of persecution,
or (B) there is a significant danger that the alien would
be returned to a country in which the alien would have
a credible fear of persecution.
‘‘(3) DEFINITION.—As used in this subsection, the
term ‘credible fear of persecution’ means (A) that it is
more probable than not that the statements made by the
alien in support of his or her claim are true, and (B) that
there is a significant possibility, in light of such state-
ments and of such other facts as are known to the officer
about country conditions, that the alien could establish eli-
gibility as a refugee within the meaning of section
101(a)(42)(A).’’.
(2) Section 212(c) of the Immigration and Na-
tionality Act (8 U.S.C. 1182(c)) is amended in the
third sentence by inserting before the period ‘‘or to
any alien who is excludable pursuant to section
212(a)(6)(C)(iii)’’.
SEC. 503. INSPECTION AND EXCLUSION BY IMMIGRATION
OFFICERS.
Section 235(b) of the Immigration and Nationality
Act (8 U.S.C. 1225(b)) is amended to read as follows:
‘‘(b) INSPECTION AND EXCLUSION BY IMMIGRATION
OFFICERS.—
171
‘‘(1) An immigration officer shall inspect each
alien who is seeking entry to the United States.
‘‘(2)(A) If the examining immigration officer
determines that an alien seeking entry—
‘‘(i)(I) 
is 
excludable 
under 
section
212(a)(6)(C)(iii), or
‘‘(II) 
is 
excludable 
under 
section
212(a)(7)(A)(i),
‘‘(ii) does not have any reasonable basis for
legal entry into the United States, and
‘‘(iii) does not indicate an intention to
apply for asylum under section 208,
the alien shall be specially excluded from entry into
the United States without a hearing.
‘‘(B) The examining immigration officer shall
refer to an immigration officer, specially trained to
conduct interviews and make determinations bearing
on eligibility for asylum, any alien who is (i) exclud-
able under section 212(a)(6)(C)(iii) or section
212(a)(7)(A) (i) and (ii) who has indicated an inten-
tion to apply for asylum. Such an alien shall not be
considered to have entered the United States for
purposes of this Act.
‘‘(C) An alien under subparagraph (B) who is
determined by an immigration officer, specially
172
trained to conduct interviews and make determina-
tions bearing on eligibility for asylum, to be exclud-
able and ineligible for the exception under section
208(e)(2), shall be specially excluded and deported
from the United States without further hearing.
‘‘(3)(A) Except as provided in subparagraph
(B), if the examining immigration officer determines
that an alien seeking entry is not clearly and beyond
a doubt entitled to enter, the alien shall be detained
for a hearing before an immigration judge.
‘‘(B) The provisions of subparagraph (A) shall
not apply—
‘‘(i) to an alien crewman,
‘‘(ii) to an alien described in paragraph
(2)(A) or (2)(C), or
‘‘(iii) if the conditions described in section
273(d) exist.
‘‘(4) The decision of the examining immigration
officer, if favorable to the admission of any alien,
shall be subject to challenge by any other immigra-
tion officer and such challenge shall operate to take
the alien, whose privilege to enter is so challenged,
before an immigration judge for a hearing on exclu-
sion of the alien.
173
‘‘(5) The Attorney General shall establish pro-
cedures that ensure that aliens are not specially ex-
cluded under paragraph (2)(A) without an inquiry
into their reasons for seeking entry into the United
States.
‘‘(6)(A) Subject to subparagraph (B), an alien
has not entered the United States for purposes of
this Act unless and until such alien has been in-
spected and admitted by an immigration officer pur-
suant to this subsection.
‘‘(B) An alien who (i) is physically present in
the United States, (ii) has been physically present in
the United States for a continuous period of one
year, and (iii) has not been inspected and admitted
by an immigration officer may be said to have en-
tered the United States without inspection. Such an
alien is subject to deportation pursuant to section
241(a)(1)(B).’’.
SEC. 504. JUDICIAL REVIEW.
Section 235 of the Immigration and Nationality Act
(8 U.S.C. 1225) as amended by section 732 is amended
by adding after subsection (c) the following new sub-
sections:
‘‘(d) HABEAS CORPUS REVIEW.—Notwithstanding
any other provision of law, no court shall have jurisdiction
174
to review, except by petition for habeas corpus, any deter-
mination made with respect to an alien found excludable
pursuant 
to 
section 
212(a)(6)(C)(iii) 
or 
section
212(a)(7)(A)(i). In any such case, review by habeas corpus
shall be limited to examination of whether the petitioner
(1) is an alien, and (2) was ordered excluded from the
United States pursuant to section 235(b)(2).
‘‘(e) OTHER LIMITS ON JUDICIAL REVIEW AND AC-
TION.—Notwithstanding any other provision of law, no
court shall have jurisdiction (1) to review the procedures
established by the Attorney General for the determination
of exclusion pursuant to section 212(a)(6)(C)(iii) or sec-
tion 212(a)(7)(A)(i), or (2) to enter declaratory or injunc-
tive relief with respect to the implementation of subsection
(b)(2). Regardless of the nature of the suit or claim, no
court shall have jurisdiction except by habeas corpus peti-
tion as provided in subsection (d) to consider the validity
of any adjudication or determination of special exclusion
or to provide declaratory or injunctive relief with respect
to the special exclusion of any alien.
‘‘(f) COLLATERAL ENFORCEMENT PROCEEDINGS.—
In any action brought for the assessment of penalties for
improper entry or re-entry of an alien under section 275
or 276, no court shall have jurisdiction to hear claims col-
laterally attacking the validity of orders of exclusion, spe-
175
cial exclusion, or deportation entered under sections 235,
236, and 242.’’.
SEC. 505. CONFORMING AMENDMENTS.
Section 237(a) of the Immigration and Nationality
Act (8 U.S.C. 1227(a)) is amended—
(1) in the second sentence of paragraph (1) by
striking out ‘‘Deportation’’ and inserting in lieu
thereof ‘‘Subject to section 235(b)(2), deportation’’;
and
(2) in the first sentence of paragraph (2) by
striking out ‘‘If’’ and inserting in lieu thereof ‘‘Sub-
ject to section 235(b)(2), if’’.
SEC. 506. EFFECTIVE DATE.
Except as otherwise provided, the amendments made
by this subtitle shall take effect on the date of the enact-
ment of this Act and shall apply to aliens who arrive in
or seek admission to the United States on or after such
date.
Subtitle B—Deportation of Alien
Terrorists
SEC. 511. REMOVAL OF ALIEN TERRORISTS.
The Immigration and Nationality Act (8 U.S.C. 1101
et seq.) is amended by inserting the following new section:
‘‘REMOVAL OF ALIEN TERRORISTS
‘‘SEC. 242C. (a) DEFINITIONS.—As used in this sec-
tion—
176
‘‘(1) the term ‘alien terrorist’ means any alien
described in section 241(a)(4)(B);
‘‘(2) the term ‘classified information’ has the
same meaning as defined in section 1(a) of the Clas-
sified Information Procedures Act (18 U.S.C. App.
IV);
‘‘(3) the term ‘national security’ has the same
meaning as defined in section 1(b) of the Classified
Information Procedures Act (18 U.S.C. App. IV);
‘‘(4) the term ‘special court’ means the court
described in subsection (c) of this section; and
‘‘(5) the term ‘special removal hearing’ means
the hearing described in subsection (e) of this sec-
tion.
‘‘(b) APPLICATION FOR USE OF PROCEDURES.—The
provisions of this section shall apply whenever the Attor-
ney General certifies under seal to the special court that—
‘‘(1) the Attorney General or Deputy Attorney
General has approved of the proceeding under this
section;
‘‘(2) an alien terrorist is physically present in
the United States; and
‘‘(3) removal of such alien terrorist by deporta-
tion proceedings described in sections 242, 242A, or
242B would pose a risk to the national security of
177
the United States because such proceedings would
disclose classified information.
‘‘(c) SPECIAL COURT.—(1) The Chief Justice of the
United States shall publicly designate up to 7 judges from
up to 7 United States judicial districts to hear and decide
cases arising under this section, in a manner consistent
with the designation of judges described in section 103(a)
of the Foreign Intelligence Surveillance Act (50 U.S.C.
1803(a)).
‘‘(2) The Chief Justice may, in his discretion, des-
ignate the same judges under this section as are des-
ignated pursuant to 50 U.S.C. 1803(a).
‘‘(d) INVOCATION
OF
SPECIAL
COURT
PROCE-
DURE.—(1) When the Attorney General makes the appli-
cation described in subsection (b), a single judge of the
special court shall consider the application in camera and
ex parte.
‘‘(2) The judge shall invoke the procedures of sub-
section (e), if the judge determines that there is probable
cause to believe that—
‘‘(A) the alien who is the subject of the applica-
tion has been correctly identified,
‘‘(B) a deportation proceeding described in sec-
tions 242, 242A, or 242B would pose a risk to the
national security of the United States because such
178
proceedings would disclose classified information,
and
‘‘(C) the threat posed by the alien’s physical
presence is immediate and involves the risk of death
or serious bodily harm.
‘‘(e) SPECIAL REMOVAL HEARING.—(1) Except as
provided in paragraph (4), the special removal hearing au-
thorized by a showing of probable cause described in sub-
section (d)(2) shall be open to the public.
‘‘(2) The alien shall have a right to be present at such
hearing and to be represented by counsel. Any alien finan-
cially unable to obtain counsel shall be entitled to have
counsel assigned to represent such alien. Counsel may be
appointed as described in section 3006A of title 18, United
States Code.
‘‘(3) The alien shall have a right to introduce evi-
dence on his own behalf, and except as provided in para-
graph (4), shall have a right to cross-examine any witness
or request that the judge issue a subpoena for the pres-
ence of a named witness.
‘‘(4) The judge shall authorize the introduction in
camera and ex parte of any item of evidence for which
the judge determines that public disclosure would pose a
risk to the national security of the United States because
it would disclose classified information.
179
‘‘(5) With respect to any evidence described in para-
graph (4), the judge shall cause to be delivered to the alien
either—
‘‘(A)(i) the substitution for such evidence of a
statement admitting relevant facts that the specific
evidence would tend to prove, or (ii) the substitution
for such evidence of a summary of the specific evi-
dence; or
‘‘(B) if disclosure of even the substituted evi-
dence described in subparagraph (A) would create a
substantial risk of death or serious bodily harm to
any person, a statement informing the alien that no
such summary is possible.
‘‘(6) If the judge determines—
‘‘(A) that the substituted evidence described in
paragraph (4)(B) will provide the alien with sub-
stantially the same ability to make his defense as
would disclosure of the specific evidence, or
‘‘(B) that disclosure of even the substituted evi-
dence described in paragraph (5)(A) would create a
substantial risk of death or serious bodily harm to
any person,
then the determination of deportation (described in sub-
section (f)) may be made pursuant to this section.
180
‘‘(f) DETERMINATION OF DEPORTATION.—(1) If the
determination in subsection (e)(6)(A) has been made, the
judge shall, considering the evidence on the record as a
whole, require that the alien be deported if the Attorney
General proves, by clear and convincing evidence, that the
alien is subject to deportation because he is an alien as
described in section 241(a)(4)(B).
‘‘(2) If the determination in subsection (e)(6)(B) has
been made, the judge shall, considering the evidence re-
ceived (in camera and otherwise), require that the alien
be deported if the Attorney General proves, by clear, con-
vincing, and unequivocal evidence, that the alien is subject
to deportation because he is an alien as described in sec-
tion 241(a)(4)(B).
‘‘(g) APPEALS.—(1) The alien may appeal a deter-
mination under subsection (f) to the court of appeals for
the Federal Circuit, by filing a notice of appeal with such
court within 20 days of the determination under such sub-
section.
‘‘(2)(A) The Attorney General may appeal a deter-
mination under subsection (d), (e), or (f) to the court of
appeals for the Federal Circuit, by filing a notice of appeal
with such court within 20 days of the determination under
any one of such subsections.
181
‘‘(B) When requested by the Attorney General, the
entire record of the proceeding under this section shall be
transmitted to the court of appeals under seal. If the At-
torney General is appealing a determination under sub-
section (d) or (e), the court of appeals shall consider such
appeal in camera and ex parte.’’.
Subtitle C—Penalties for Engaging
in Terrorism
SEC. 521. PROVIDING MATERIAL SUPPORT TO TERRORISM.
(a) OFFENSE.—Chapter 113A of title 18, United
States Code, is amended by adding the following new sec-
tion:
‘‘§ 2339A. Providing material support to terrorists
‘‘Whoever, within the United States, provides mate-
rial support or resources or conceals of disguises the na-
ture, location, source, or ownership of material support or
resources, knowing or intending that they are to be used
to facilitate a violation of section 32, 36, 351, 844(f) or
(i), 1114, 1116, 1203, 1361, 1363, 1751, 2280, 2281,
2331, or 2339 of this title, or section 902(i) of the Federal
Aviation Act of 1958, as amended (49 U.S.C. App.
1472(i)), or to facilitate the concealment or an escape
from the commission of any of the foregoing, shall be fined
under this title, imprisoned not more than 10 years, or
both. For purposes of this section, material support or re-
182
sources shall include, but not be limited to, currency or
other financial securities, lodging, training, safehouses,
false documentation or identification, communications
equipment, facilities, weapons, lethal substances, explo-
sives, personnel, transportation, and other physical as-
sets.’’.
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 113A of title 18, United States Code, is amended by
adding the following:
‘‘2339A. Providing material support to terrorists.’’.
SEC. 522. SENTENCING GUIDELINES INCREASE FOR TER-
RORIST CRIMES.
The United States Sentencing Commission is directed
to amend its sentencing guidelines to provide an increase
of not less than three levels in the base offense level for
any felony, whether committed within or outside the Unit-
ed States, that involves or is intended to promote inter-
national terrorism, unless such involvement or intent is
itself an element of the crime.
SEC. 523. EXTENSION OF THE STATUTE OF LIMITATIONS
FOR CERTAIN TERRORISM OFFENSES.
(a) IN GENERAL.—Chapter 213 of title 18, United
States Code, is amended by inserting after section 2385
the following:
183
‘‘§ 3286. Extension of statute of limitations for certain
terrorism offenses
‘‘Notwithstanding the provisions of section 3282, no
person shall be prosecuted, tried, or punished for any of-
fense involving a violation of section 32 (aircraft destruc-
tion), section 36 (airport violence), section 112 (assaults
upon diplomats), section 351 (crimes against Congress-
men or Cabinet officers), section 1116 (crimes against dip-
lomats), section 1203 (hostage taking), section 1361 (will-
ful injury to government property), section 1751 (crimes
against the President), section 2280 (maritime violence),
section 2281 (maritime platform violence), section 2331
(terrorist acts abroad against United States nationals),
section 2339 (use of weapons of mass destruction), or sec-
tion 2340A (torture) of this title or section 902(i), (j),
(k), (l), or (n) of the Federal Aviation Act of 1958, as
amended (49 U.S.C. App. 1572(i), (j), (k), (l), or (n)),
unless the indictment is found or the information is insti-
tuted within 10 years after such offense shall have been
committed.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 213 of title 18, United States
Code, is amended by inserting below the item relating to
section 3285 the following new item:
‘‘3286. Extension of statute of limitations for certain terrorism offenses.’’.
184
SEC. 524. ENHANCED PENALTIES FOR CERTAIN OFFENSES.
(a) TITLE 50.—(1) Section 1705(b) of title 50, Unit-
ed States Code, is amended by replacing ‘‘$50,000’’ with
‘‘$1,000,000’’.
(2) Section 1705(a) of title 50, United States Code,
is amended by replacing ‘‘$10,000’’ with ‘‘$1,000,000’’.
(b) TITLE 18.—(1) Section 1541 of title 18, United
States Code, is amended by replacing ‘‘$500’’ with
‘‘$250,000’’ and by replacing ‘‘one year’’ with ‘‘five
years’’.
(2) Sections 1542, 1543, 1544 and 1546 of title 18,
United States Code, are each amended by replacing
‘‘$2,000’’ with ‘‘$250,000’’ and by replacing ‘‘five years’’
with ‘‘ten years’’.
(3) Section 1545 of title 18, United States Code, is
amended by replacing ‘‘$2,000’’ with $250,000’’ and by
replacing ‘‘three years’’ with ‘‘ten years’’.
SEC. 525. IMPLEMENTATION OF THE 1988 PROTOCOL FOR
THE SUPPRESSION OF UNLAWFUL ACTS OF
VIOLENCE AT AIRPORTS SERVING INTER-
NATIONAL CIVIL AVIATION.
(a) OFFENSE.—Chapter 2 of title 18, United States
Code, is amended by adding at the end the following:
185
‘‘§ 36. Violence at international airports
‘‘(a) Whoever, in a circumstance described in sub-
section (b) of this section, unlawfully and intentionally,
using any device, substance or weapon—
‘‘(1) performs an act of violence against a per-
son at an airport serving international civil aviation
which causes or is likely to cause serious injury or
death; or
‘‘(2) destroys or seriously damages the facilities
of an airport serving international civil aviation or a
civil aircraft not in service located thereon or dis-
rupts the services of the airport;
if such an act endangers or is likely to endanger safety
at that airport, or attempts to do such an act, shall be
fined under this title or imprisoned not more than 20
years, or both, and if the death of any person results from
conduct prohibited by this subsection, shall be punished
by death or imprisoned for any term of years or for life.
‘‘(b) The circumstances referred to in subsection (a)
of this section are—
‘‘(1) the prohibited activity takes place in the
United States; or
‘‘(2) the prohibited activity takes place outside
of the United States and the offender is later found
in the United States.’’.
186
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 2 of title 18, United States
Code, is amended by adding at the end the following:
‘‘36. Violence at international airports.’’.
(c) EFFECTIVE DATE.—This section shall take effect
on the later of—
(1) the date of the enactment of this Act; or
(2) the date the Protocol for the Suppression of
Unlawful Acts of Violence at Airports Serving Inter-
national Civil Aviation, Supplementary to the Con-
vention for the Suppression of Unlawful Acts
Against the Safety of Civil Aviation, done at Mon-
treal on 23 September 1971, has come into force
and the United States has become a party to the
Protocol.
SEC. 526. AMENDMENT TO FEDERAL AVIATION ACT.
Section 902(n) of the Federal Aviation Act of 1958
(49 U.S.C. App. 1472(n)) is amended by—
(1) striking out paragraph (3); and
(2) redesignating paragraph (4) as paragraph
(3).
SEC. 527. OFFENSES OF VIOLENCE AGAINST MARITIME
NAVIGATION OR FIXED PLATFORMS.
(a) OFFENSE.—Chapter 111 of title 18, United
States Code, is amended by adding at the end the follow-
ing:
187
‘‘§ 2280. Violence against maritime navigation
‘‘(a) Whoever, in a circumstance described in sub-
section (c) of this section, unlawfully and intentionally—
‘‘(1) seizes or exercises control over a ship by
force or threat thereof or any other form of intimi-
dation;
‘‘(2) performs an act of violence against a per-
son on board a ship if that act is likely to endanger
the safe navigation of that ship;
‘‘(3) destroys a ship or causes damage to a ship
or to its cargo which is likely to endanger the safe
navigation of that ship;
‘‘(4) places or causes to be placed on a ship, by
any means whatsoever, a device or substance which
is likely to destroy that ship, or cause damage to
that ship or its cargo which endangers or is likely
to endanger the safe navigation of that ship;
‘‘(5) destroys or seriously damages maritime
navigational facilities or seriously interferes with
their operation, if such act is likely to endanger the
safe navigation of a ship;
‘‘(6) communicates information, knowing the
information to be false and under circumstances in
which such information may reasonably be believed,
thereby endangering the safe navigation of a ship;
188
‘‘(7) injures or kills any person in connection
with the commission or the attempted commission of
any of the offenses set forth in paragraphs (1) to
(6); or
‘‘(8) attempts to do anything prohibited under
paragraphs (1) through (7);
shall be fined under this title or imprisoned not more than
20 years, or both, and if the death of any person results
from conduct prohibited by this subsection, shall be pun-
ished by death or imprisoned for any term of years or for
life.
‘‘(b) Whoever threatens to engage in conduct prohib-
ited under paragraphs (2), (3) or (5) of subsection (a)
of this section, with apparent determination and will to
carry the threat into execution, if the threatened conduct
is likely to endanger the safe navigation of the ship in
question, shall be fined under this title or imprisoned not
more than five years, or both.
‘‘(c) The circumstances referred to in subsection (a)
are—
‘‘(1) in the case of a covered ship—
‘‘(A) such activity is committed—
‘‘(i) against or on board a ship flying
the flag of the United States at the time
the prohibited activity is committed;
189
‘‘(ii) in the United States; or
‘‘(iii) by a national of the United
States or by a stateless person whose ha-
bitual residence is in the United States;
‘‘(B) during the commission of such activ-
ity, a national of the United States is seized,
threatened, injured or killed; or
‘‘(C) the offender is later found in the
United States after such activity is committed;
‘‘(2) in the case of a ship navigating or sched-
uled to navigate solely within the territorial sea or
internal waters of a country other than the United
States, the offender is later found in the United
States after such activity is committed; and
‘‘(3) in the case of any vessel, such activity is
committed in an attempt to compel the United
States to do or abstain from doing any act.
‘‘(d) The master of a covered ship flying the flag of
the United States who has reasonable grounds to believe
that he has on board his ship any person who has commit-
ted an offense under Article 3 of the Convention for the
Suppression of Unlawful Acts Against the Safety of Mari-
time Navigation may deliver such person to the authorities
of a State Party to that Convention. Before delivering
such person to the authorities of another country, the
190
master shall notify in an appropriate manner the Attorney
General of the United States of the alleged offense and
await instructions from the Attorney General as to what
action he should take. When delivering the person to a
country which is a State Party to the Convention, the mas-
ter shall, whenever practicable, and if possible before en-
tering the territorial sea of such country, notify the au-
thorities of such country of his intention to deliver such
person and the reason therefor. If the master delivers such
person, he shall furnish the authorities of such country
with the evidence in the master’s possession that pertains
to the alleged offense.
‘‘(e) As used in this section, the term—
‘‘(1) ‘ship’ means a vessel of any type whatso-
ever not permanently attached to the sea-bed, in-
cluding dynamically supported craft, submersibles or
any other floating craft, but such term does not in-
clude a warship, a ship owned or operated by a gov-
ernment when being used as a naval auxiliary or for
customs or police purposes, or a ship which has been
withdrawn from navigation or laid up;
‘‘(2) ‘covered ship’ means a ship that is navi-
gating or is scheduled to navigate into, through or
from waters beyond the outer limit of the territorial
191
sea of a single country or a lateral limit of that
country’s territorial sea with an adjacent country;
‘‘(3) ‘national of the United States’ has the
meaning given such term in section 101(a)(22) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(22));
‘‘(4) ‘territorial sea of the United States’ means
all waters extending seaward to 12 nautical miles
from the baselines of the United States determined
in accordance with international law; and
‘‘(5) ‘United States’, when used in a geographi-
cal sense, includes the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Marianas
Islands and all territories and possessions of the
United States.
‘‘§ 2281. Violence against maritime fixed platforms
‘‘(a) Whoever, in a circumstance described in sub-
section (c) of this section, unlawfully and intentionally—
‘‘(1) seizes or exercises control over a fixed
platform by force or threat thereof or any other
form of intimidation;
‘‘(2) performs an act of violence against a per-
son on board a fixed platform if that act is likely to
endanger its safety;
192
‘‘(3) destroys a fixed platform or causes dam-
age to it which is likely to endanger its safety;
‘‘(4) places or causes to be placed on a fixed
platform, by any means whatsoever, a device or sub-
stance which is likely to destroy that fixed platform
or likely to endanger its safety;
‘‘(5) injures or kills any person in connection
with the commission or the attempted commission of
any of the offenses set forth in paragraphs (1) to
(4); or
‘‘(6) attempts to do anything prohibited under
paragraphs (1)–(5);
shall be fined under this title or imprisoned not more than
twenty years, or both; and if death results to any person
from conduct prohibited by this subsection, shall be pun-
ished by death or imprisoned for any term of years or for
life.
‘‘(b) Whoever threatens to engage in conduct prohib-
ited under paragraphs (2) or (3) of subsection (a), with
apparent determination and will to carry the threat into
execution, if the threatened conduct is likely to endanger
the safety of the fixed platform, shall be fined under this
title or imprisoned not more than five years, or both.
‘‘(c) The circumstances referred to in subsection (a)
are—
193
‘‘(1) such activity is committed against or on
board a fixed platform—
‘‘(A) that is located on the continental
shelf of the United States;
‘‘(B) that is located on the continental
shelf of another country, by a national of the
United States or by a stateless person whose
habitual residence is in the United States; or
‘‘(C) in an attempt to compel the United
States to do or abstain from doing any act;
‘‘(2) during the commission of such activity
against or on board a fixed platform located on a
continental shelf, a national of the United States is
seized, threatened, injured or killed; or
‘‘(3) such activity is committed against or on
board a fixed platform located outside the United
States and beyond the continental shelf of the Unit-
ed States and the offender is later found in the
United States.
‘‘(d) As used in this section, the term—
‘‘(1) ‘continental shelf’ means the sea-bed and
subsoil of the submarine areas that extend beyond a
country’s territorial sea to the limits provided by
customary international law as reflected in Article
76 of the 1982 Convention on the Law of the Sea;
194
‘‘(2) ‘fixed platform’ means an artificial island,
installation or structure permanently attached to the
sea-bed for the purpose of exploration or exploitation
of resources or for other economic purposes;
‘‘(3) ‘national of the United States’ has the
meaning given such term in section 101(a)(22) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(22));
‘‘(4) ‘territorial sea of the United States’ means
all waters extending seaward to 12 nautical miles
from the baselines of the United States determined
in accordance with international law; and
‘‘(5) ‘United States’, when used in a geographi-
cal sense, includes the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Marianas
Islands and all territories and possessions of the
United States.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 111 of title 18, United States
Code, is amended by adding at the end the following:
‘‘2280. Violence against maritime navigation.
‘‘2281. Violence against maritime fixed platforms.’’.
(c) EFFECTIVE DATES.—This section shall take ef-
fect on the later of—
(1) the date of the enactment of this Act; or
195
(2)(A) in the case of section 2280 of title 18,
United States Code, the date the Convention for the
Suppression of Unlawful Acts Against the Safety of
Maritime Navigation has come into force and the
United States has become a party to that Conven-
tion; and
(B) in the case of section 2281 of title 18,
United States Code, the date the Protocol for the
Suppression of Unlawful Acts Against the Safety of
Fixed Platforms Located on the Continental Shelf
has come into force and the United States has be-
come a party to that Protocol.
SEC. 528. WEAPONS OF MASS DESTRUCTION.
(a) OFFENSE.—Chapter 113A of title 18, United
States Code, is amended by adding at the end the follow-
ing:
‘‘§ 2339. Use of weapons of mass destruction
‘‘(a) Whoever uses, or attempts or conspires to use,
a weapon of mass destruction—
‘‘(1) against a national of the United States
while such national is outside of the United States;
‘‘(2) against any person within the United
States; or
‘‘(3) against any property that is owned, leased
or used by the United States or by any department
196
or agency of the United States, whether the property
is within or outside of the United States;
shall be imprisoned for any term of years or for life, and
if death results, shall be punished by death or imprisoned
for any term of years or for life.
‘‘(b) For purposes of this section—
‘‘(1) ‘national of the United States’ has the
meaning given in section 101(a)(22) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)(22));
and
‘‘(2) ‘weapon of mass destruction’ means—
‘‘(a) any destructive device as defined in
section 921 of this title;
‘‘(b) poison gas;
‘‘(c) any weapon involving a disease orga-
nism; or
‘‘(d) any weapon that is designed to release
radiation or radioactivity at a level dangerous
to human life.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 113A of title 18, United States
Code, is amended by adding the following:
‘‘2339. Use of weapons of mass destruction.’’.
197
SEC. 
529. 
NATIONAL 
TASK 
FORCE 
ON
COUNTERTERRORISM.
(a) ESTABLISHMENT.—The President shall establish
a National Task Force on Counterterrorism comprised of
the following seven members: the Deputy Attorney Gen-
eral of the United States, the Deputy Director of Oper-
ations of the Central Intelligence Agency or the Deputy
Director of Central Intelligence, the Coordinator for Ter-
rorism of the Department of State, an Assistant Secretary
of Commerce as designated by the Secretary of Commerce,
the Secretary of Defense for Special Operations Low In-
tensity Conflict, the National Security Advisor or the Dep-
uty National Security Advisor for Special Operations Low
Intensity Conflict, and the Assistant Secretary of Treas-
ury for Enforcement. The Deputy Attorney General shall
serve as the Chairperson of the Task Force and shall co-
ordinate all antiterrorism activities of the intelligence com-
munity of the United States Government.
(b) 
DUTIES.—The 
National 
Task 
Force 
on
Counterterrorism shall—
(1) formulate a definition as to what constitutes
terrorism;
(2) define those intelligence assets dedicated for
collection of information on terrorism;
198
(3) define the methods for the Task Force to be
the central processor and distributor of intelligence
on terrorism;
(4) outline all preventive and reactive policy is-
sues with regards to terrorism;
(5) define the methods for the Task Force to
have overall operational control for counterterrorist
and terrorist anti-proliferation operations, both overt
and covert;
(6) report to Congress no later than six months
after the date of enactment of this Act, and each 90
days thereafter for the remainder of the two-year pe-
riod beginning on such date, as to how the Task
Force will implement paragraphs (1) through (5) of
this section; and
(7) beginning 60 days after the date on which
the report is submitted under paragraph (6), imple-
ment paragraphs (1) through (5) in accordance with
the report.
(c) CHIEF AND DEPUTY CHIEF OF STAFF.—The Na-
tional Task Force on Counterterrorism shall have a chief
of staff and a deputy chief of staff who shall be appointed
by the task force. The chief of staff shall be paid at a
rate not to exceed the rate of basic pay payable for the
highest rate payable for the Senior Executive Service.
199
SEC. 530. DEATH PENALTY FOR DEATH CAUSED BY THE
USE OF A BOMB OR OTHER DESTRUCTIVE
DEVICE.
Section 924 of title 18, United States Code, is
amended by adding at the end the following:
‘‘(j) CAUSING DEATH THROUGH
THE USE
OF
A
BOMB OR OTHER DESTRUCTIVE DEVICE.—
‘‘(1) PENALTY.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), a person who intentionally or with
reckless disregard for human life causes the
death of a person through the use of a bomb or
other destructive device shall be sentenced to
life imprisonment without release, or to death if
it is determined that imposition of a sentence of
death is justified.
‘‘(B) LIMITATION.—No person may be
sentenced to the death penalty who was less
than 18 years of age at the time of the of-
fense.’’.
200
TITLE VI—CRIMINAL ALIENS
AND ALIEN SMUGGLING
Subtitle A—Deportation of
Criminal Aliens
SEC. 601. EXPEDITING CRIMINAL ALIEN DEPORTATION AND
EXCLUSION.
(a) CONVICTED DEFINED.—Section 241(a)(2) of the
Immigration and Nationality Act (8 U.S.C. 1251(a)(2))
is amended by adding at the end the following new sub-
paragraph:
‘‘(E) CONVICTED DEFINED.—In this para-
graph, the term ‘convicted’ means a judge or
jury has found the alien guilty or the alien has
entered a plea of guilty or nolo contendere,
whether or not the alien appeals therefrom.’’.
(b) DEPORTATION OF CONVICTED ALIENS.—
(1) IMMEDIATE DEPORTATION.—Section 242(h)
of such Act (8 U.S.C. 1252(h)) is amended—
(A) by striking ‘‘(h) An alien’’ and insert-
ing ‘‘(h)(1) Subject to paragraph (2), an alien’’;
and
(B) by adding at the end the following new
paragraph:
‘‘(2) An alien sentenced to imprisonment may be de-
ported prior to the termination of such imprisonment by
201
the release of the alien from confinement, if the Service
petitions the appropriate court or other entity with author-
ity concerning the alien to release the alien into the cus-
tody of the Service for execution of an order of deporta-
tion.’’.
(2) PROHIBITION
OF
REENTRY
INTO
THE
UNITED STATES.—Section 212(a)(2) of such Act (8
U.S.C. 1182(a)(2)) is amended—
(A) by redesignating subparagraph (F) as
subparagraph (G); and
(B) by inserting after subparagraph (E)
the following new subparagraph:
‘‘(F) ALIENS DEPORTED BEFORE SERVING
MINIMUM PERIOD OF CONFINEMENT.—In addi-
tion to any other period of exclusion which may
apply an alien deported pursuant to section
242(h)(2) is excludable during the minimum pe-
riod of confinement to which the alien was sen-
tenced.’’.
(c) EXECUTION OF DEPORTATION ORDERS.—Section
242(i) of such Act (8 U.S.C. 1252(i)) is amended by add-
ing at the end the following: ‘‘An order of deportation may
not be executed until all direct appeals relating to the con-
viction which is the basis of the deportation order have
been exhausted.’’.
202
SEC. 602. AUTHORIZING REGISTRATION OF ALIENS ON
CRIMINAL PROBATION OR CRIMINAL PA-
ROLE.
Section 263(a) of the Immigration and Nationality
Act (8 U.S.C. 1303(a)) is amended by striking ‘‘and (5)’’
and inserting ‘‘(5) aliens who are or have been on criminal
probation or criminal parole within the United States, and
(6)’’.
SEC. 603. EXPANSION IN DEFINITION OF ‘‘AGGRAVATED
FELONY’’.
(a) EXPANSION IN DEFINITION.—Section 101(a)(43)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(43)) is amended to read as follows:
‘‘(43) The term ‘aggravated felony’ means—
‘‘(A) murder;
‘‘(B) any illicit trafficking in any con-
trolled substance (as defined in section 102 of
the Controlled Substances Act), including any
drug trafficking crime as defined in section
924(c)(2) of title 18, United States Code;
‘‘(C) any illicit trafficking in any firearms
or destructive devices as defined in section 921
of title 18, United States Code, or in explosive
materials as defined in section 841(c) of title
18, United States Code;
203
‘‘(D) any offense described in sections
1951 through 1963 of title 18, Untied States
Code;
‘‘(E) any offense described in—
‘‘(i) subsection (h) or (i) of section
842, title 18, United States Code, or sub-
section (d), (e), (f), (g), (h), or (i) of sec-
tion 844 of title 18, United States Code,
(relating to explosive materials offenses),
‘‘(ii) paragraph (1), (2), (3), (4), or
(5) of section 922(g), subsection (j), (n),
(o), (p), or (r) of section 922, section
924(b), or section 924(h) of title 18, Unit-
ed States Code, (relating to firearms of-
fenses), or
‘‘(iii) section 5861 of the Internal
Revenue Code of 1986 (relating to fire-
arms offenses);
‘‘(F) any crime of violence (as defined in
section 16 of title 18, United States Code, not
including a purely political offense) for which
the term of imprisonment imposed (regardless
of any suspension of such imprisonment) is at
least 5 years;
204
‘‘(G) any theft offense (including receipt of
stolen property) or any burglary offense, where
a sentence of 5 years imprisonment or more
may be imposed;
‘‘(H) any offense described in section 875,
section 876, section 877, or section 1202 of
title 18, United States Code (relating to the de-
mand for or receipt of ransom);
‘‘(I) any offense described in section 2251,
section 2251A or section 2252 of title 18, Unit-
ed States Code (relating to child pornography);
‘‘(J) any offense described in section 1084
of title 18, United States Code, where a sen-
tence of 5 years imprisonment or more may be
imposed;
‘‘(K) any offense relating to commercial
bribery, counterfeiting, forgery or trafficking in
vehicles whose identification numbers have been
altered, where a sentence of 5 years imprison-
ment or more may be imposed;
‘‘(L) any offense—
‘‘(i) relating to the owning, control-
ling, managing or supervising of a pros-
titution business,
205
‘‘(ii) 
described 
in 
section 
2421
through 2424 of title 18, United States
Code, for commercial advantage, or
‘‘(iii) described in sections 1581
through 1585, or section 1588, of title 18,
United States Code (relating to peonage,
slavery, and involuntary servitude);
‘‘(M) any offense relating to perjury or
subornation of perjury where a sentence of 5
years imprisonment or more may be imposed;
‘‘(N) any offense described in—
‘‘(i) section 793 (relating to gathering
or transmitting national defense informa-
tion), section 798 (relating to disclosure of
classified information), section 2153 (relat-
ing to sabotage) or section 2381 or section
2382 (relating to treason) of title 18, Unit-
ed States Code, or
‘‘(ii) section 421 of title 50, United
States Code (relating to protecting the
identity of undercover intelligence agents);
‘‘(O) any offense—
‘‘(i) involving fraud or deceit where
the loss to the victim or victims exceeded
$200,000; or
206
‘‘(ii) described in section 7201 of title
26, United States Code (relating to tax
evasion), where the tax loss to the Govern-
ment exceeds $200,000;
‘‘(P) any offense described in section
274(a)(1) of the Immigration and Nationality
Act (relating to alien smuggling) for the pur-
pose of commercial advantage;
‘‘(Q) any violation of section 1546(a) of
title 18, United States Code (relating to docu-
ment fraud), for the purpose of commercial ad-
vantage; or
‘‘(R) any offense relating to failing to ap-
pear before a court pursuant to a court order
to answer to or dispose of a charge of a felony,
where a sentence of 2 years or more may be im-
posed;
or any attempt or conspiracy to commit any such
act. Such term applies to offenses described in this
paragraph whether in violation of Federal or State
law and applies to such offenses in violation of the
laws of a foreign country for which the term of im-
prisonment was completed within the previous 15
years.’’.
207
(b) EFFECTIVE DATE.—The amendments made by
this section shall apply to all convictions entered before,
on, or after the date of enactment of this Act.
SEC. 
604. 
DEPORTATION 
PROCEDURES 
FOR 
CERTAIN
CRIMINAL ALIENS WHO ARE NOT PERMA-
NENT RESIDENTS.
(a) ELIMINATION OF ADMINISTRATIVE HEARING FOR
CERTAIN CRIMINAL ALIENS.—Section 242A of the Immi-
gration and Nationality Act (8 U.S.C. 1252a) is amended
by adding at the end the following:
‘‘(c) DEPORTATION OF ALIENS WHO ARE NOT PER-
MANENT RESIDENTS.—
‘‘(1) Notwithstanding section 242, and subject
to paragraph (5), the Attorney General may issue a
final order of deportation against any alien described
in paragraph (2) whom the Attorney General deter-
mines 
to 
be 
deportable 
under 
section
241(a)(2)(A)(iii) (relating to conviction of an aggra-
vated felony).
‘‘(2) An alien is described in this paragraph if
the alien—
‘‘(A) was not lawfully admitted for perma-
nent residence at the time that proceedings
under this section commenced, or
208
‘‘(B) had permanent resident status on a
conditional basis (as described in section 216)
at the time that proceedings under this section
commenced.
‘‘(3) The Attorney General may delegate the
authority in this section to the Commissioner or to
any District Director of the Service.
‘‘(4) No alien described in this section shall be
eligible for—
‘‘(A) any relief from deportation that the
Attorney General may grant in his discretion,
or
‘‘(B) relief under section 243(h).
‘‘(5) The Attorney General may not execute any
order described in paragraph (1) until 14 calendar
days have passed from the date that such order was
issued, in order that the alien has an opportunity to
apply for judicial review under section 106.’’.
(b) LIMITED JUDICIAL REVIEW.—Section 106 of the
Immigration and Nationality Act (8 U.S.C. 1105a) is
amended—
(1) in the first sentence of subsection (a), by in-
serting ‘‘or pursuant to section 242A’’ after ‘‘under
section 242(b)’’;
209
(2) in subsection (a)(1) and subsection (a)(3),
by inserting ‘‘(including an alien described in section
242A)’’ after ‘‘aggravated felony’’; and
(3) by adding at the end the following new sub-
section:
‘‘(d) Notwithstanding subsection (c), a petition for
review or for habeas corpus on behalf of an alien described
in section 242A(c) may only challenge whether the alien
is in fact an alien described in such section, and no court
shall have jurisdiction to review any other issue.’’.
(c) TECHNICAL AND CONFORMING CHANGES.—Sec-
tion 242A of the Immigration and Nationality Act (8
U.S.C. 1252a) is amended as follows:
(1) In subsection (a)—
(A) by striking ‘‘(a) IN GENERAL.—’’ and
inserting ‘‘(b) DEPORTATION OF PERMANENT
RESIDENT ALIENS.—(1) IN GENERAL.—’’; and
(B) by inserting in the first sentence ‘‘per-
manent resident’’ after ‘‘correctional facilities
for’’;
(2) In subsection (b)—
(A) by striking ‘‘(b) IMPLEMENTATION.—’’
and inserting ‘‘(2) IMPLEMENTATION.—’’; and
(B) by striking ‘‘respect to an’’ and insert-
ing ‘‘respect to a permanent resident’’;
210
(3) By striking out subsection (c);
(4) In subsection (d)—
(A) by striking ‘‘(d) EXPEDITED PRO-
CEEDINGS.—(1)’’ and inserting ‘‘(3) EXPE-
DITED PROCEEDINGS.—(A)’’;
(B) by inserting ‘‘permanent resident’’
after ‘‘in the case of any’’; and
(C) by striking ‘‘(2)’’ and inserting ‘‘(B)’’;
(5) In subsection (e)—
(A) by striking ‘‘(e) REVIEW.—(1)’’ and
inserting ‘‘(4) REVIEW.—(A)’’;
(B) by striking the second sentence; and
(C) by striking ‘‘(2)’’ and inserting ‘‘(B)’’;
(6) By inserting after the section heading the
following new subsection:
‘‘(a) PRESUMPTION OF DEPORTABILITY.—An alien
convicted of an aggravated felony shall be conclusively pre-
sumed to be deportable from the United States.’’; and
(7) The heading of such section is amended to
read as follows:
‘‘EXPEDITED DEPORTATION OF ALIENS CONVICTED OF
COMMITTING AGGRAVATED FELONIES’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall apply to all aliens against whom deporta-
tion proceedings are initiated after the date of enactment
of this Act.
211
SEC. 605. JUDICIAL DEPORTATION.
(a) JUDICIAL DEPORTATION.—Section 242A of the
Immigration and Nationality Act (8 U.S.C. 1252a) is
amended by inserting at the end the following new sub-
section:
‘‘(d) JUDICIAL DEPORTATION.—
‘‘(1) AUTHORITY.—Notwithstanding any other
provision of this Act, a United States district court
shall have jurisdiction to enter a judicial order of de-
portation at the time of sentencing against an alien
whose criminal conviction causes such alien to be de-
portable under section 241(a)(2)(A)(iii) (relating to
conviction of an aggravated felony), if such an order
has been requested prior to sentencing by the United
States Attorney with the concurrence of the Com-
missioner.
‘‘(2) PROCEDURE.—
‘‘(A) The United States Attorney shall pro-
vide notice of intent to request judicial deporta-
tion promptly after the entry in the record of
an adjudication of guilt or guilty plea. Such no-
tice shall be provided to the court, to the alien,
and to the alien’s counsel of record.
‘‘(B) Notwithstanding section 242B, the
United States Attorney, with the concurrence of
the Commissioner, shall file at least 20 days
212
prior to the date set for sentencing a charge
containing factual allegations regarding the
alienage of the defendant and satisfaction by
the defendant of the definition of aggravated
felony.
‘‘(C) If the court determines that the de-
fendant has presented substantial evidence to
establish prima facie eligibility for relief from
deportation under section 212(c), the Commis-
sioner shall provide the court with a rec-
ommendation and report regarding the alien’s
eligibility for relief under such section. The
court shall either grant or deny the relief
sought.
‘‘(D)(i) The alien shall have a reasonable
opportunity to examine the evidence against
him or her, to present evidence on his or her
own behalf, and to cross-examine witnesses pre-
sented by the Government.
‘‘(ii) The court, for the purposes of deter-
mining whether to enter an order described in
paragraph (1), shall only consider evidence that
would be admissible in proceedings conducted
pursuant to section 242(b).
213
‘‘(iii) Nothing in this subsection shall limit
the information a court of the United States
may receive or consider for the purposes of im-
posing an appropriate sentence.
‘‘(iv) The court may order the alien de-
ported if the Attorney General demonstrates by
clear and convincing evidence that the alien is
deportable under this Act.
‘‘(3) NOTICE, APPEAL, AND EXECUTION OF JU-
DICIAL ORDER OF DEPORTATION.—
‘‘(A)(i) A judicial order of deportation or
denial of such order may be appealed by either
party to the court of appeals for the circuit in
which the district court is located.
‘‘(ii) Except as provided in clause (iii),
such appeal shall be considered consistent with
the requirements described in section 106.
‘‘(iii) Upon execution by the defendant of
a valid waiver of the right to appeal the convic-
tion on which the order of deportation is based,
the expiration of the period described in section
106(a)(1), or the final dismissal of an appeal
from such conviction, the order of deportation
shall become final and shall be executed at the
214
end of the prison term in accordance with the
terms of the order.
‘‘(B) As soon as is practicable after entry
of a judicial order of deportation, the Commis-
sioner shall provide the defendant with written
notice of the order or deportation, which shall
designate the defendant’s country of choice for
deportation and any alternate country pursuant
to section 243(a).
‘‘(4) DENIAL OF JUDICIAL ORDER.—Denial of a
request for a judicial order of deportation shall not
preclude the Attorney General from initiating depor-
tation proceedings pursuant to section 242 upon the
same ground of deportability or upon any other
ground of deportability provided under section
241(a).’’.
(b) TECHNICAL AND CONFORMING CHANGES.—The
ninth sentence of section 242(b) of the Immigration and
Nationality Act (8 U.S.C. 1252(b)) is amended by striking
out ‘‘The’’ and inserting in lieu thereof, ‘‘Except as pro-
vided in section 242A(d), the’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to all aliens whose adjudication of
guilt or guilty plea is entered in the record after the date
of enactment of this Act.
215
SEC. 606. RESTRICTING DEFENSES TO DEPORTATION FOR
CERTAIN CRIMINAL ALIENS.
(a) DEFENSES BASED ON SEVEN YEARS OF PERMA-
NENT RESIDENCE.—The last sentence of section 212(c)
of the Immigration and Nationality Act (8 U.S.C.
1182(c)) is amended by striking out ‘‘has served for such
felony or felonies’’ and all that follows through the period
and inserting in lieu thereof ‘‘has been sentenced for such
felony or felonies to a term of imprisonment of at least
5 years, provided that the time for appealing such convic-
tion or sentence has expired and the sentence has become
final.’’.
(b) DEFENSES BASED ON WITHHOLDING OF DEPOR-
TATION.—Section 243(h)(2) of the Immigration and Na-
tionality Act (8 U.S.C. 1253(h)(2)) is amended by—
(1) striking out the final sentence and inserting
in lieu thereof the following new subparagraph:
‘‘(E) the alien has been convicted of an ag-
gravated felony.’’; and
(2) striking out the ‘‘or’’ at the end of subpara-
graph (C) and inserting ‘‘or’’ at the end of subpara-
graph (D).
216
SEC. 607. ENHANCING PENALTIES FOR FAILING TO DE-
PART, OR REENTERING, AFTER FINAL ORDER
OF DEPORTATION.
(a) FAILURE TO DEPART.—Section 242(e) of the Im-
migration and Nationality Act (8 U.S.C. 1252(e)) is
amended—
(1) by striking out ‘‘paragraph (2), (3), or 4
of’’ the first time it appears, and
(2) by striking out ‘‘shall be imprisoned not
more than ten years’’ and inserting in lieu thereof,
‘‘shall be imprisoned not more than two years, or
shall be imprisoned not more than ten years if the
alien is a member of any of the classes described in
paragraph (2), (3), or (4) of section 241(a).’’.
(b) REENTRY.—Section 276(b) of the Immigration
and Nationality Act (8 U.S.C. 1326(b)) is amended—
(1) in paragraph (1), by (A) inserting after
‘‘commission of’’ the following: ‘‘three or more mis-
demeanors or’’, and (B) striking out ‘‘5’’ and insert-
ing in lieu thereof ‘‘10’’,
(2) in paragraph (2), by striking out ‘‘15’’ and
inserting in lieu thereof ‘‘20’’, and
(3) by adding at the end the following sentence:
‘‘For the purposes of this subsection, the term ‘de-
portation’ shall include any agreement where an
217
alien stipulates to deportation during a criminal trial
under either Federal or State law.’’.
(c) COLLATERAL ATTACKS ON UNDERLYING DEPOR-
TATION ORDER.—Section 276 of the Immigration and Na-
tionality Act (8 U.S.C. 1326) is amended by inserting
after subsection (b) the following new subsection:
‘‘(c) In any criminal proceeding under this section,
no alien may challenge the validity of the deportation
order described in subsection (a)(1) or subsection (b) un-
less the alien demonstrates—
‘‘(1) that the alien exhausted the administrative
remedies (if any) that may have been available to
seek relief against such order,
‘‘(2) that the deportation proceedings at which
such order was issued improperly deprived the alien
of the opportunity for judicial review, and
‘‘(3) that the entry of such order was fun-
damentally unfair.’’.
SEC. 608. MISCELLANEOUS AND TECHNICAL CHANGES.
(a) FORM OF DEPORTATION HEARINGS.—The sec-
ond sentence of section 242(b) of the Immigration and
Nationality Act (8 U.S.C. 1252(b)) is amended by insert-
ing before the period the following: ‘‘; except that nothing
in this subsection shall preclude the Attorney General
from authorizing proceedings by electronic or telephonic
218
media (with or without the consent of the alien) or, where
waived or agreed to by the parties, in the absence of the
alien.’’.
(b) CONSTRUCTION OF EXPEDITED DEPORTATION
REQUIREMENTS.—No amendment made by this Act and
nothing in section 242(i) of the Immigration and Nation-
ality Act (8 U.S.C. 1252(i)), shall be construed to create
any right or benefit, substantive or procedural, which is
legally enforceable by any party against the United States,
its agencies, its officers or any other person.
SEC. 
609. 
AUTHORIZATION 
OF 
APPROPRIATIONS 
FOR
CRIMINAL ALIEN INFORMATION SYSTEM.
There is authorized to be appropriated to carry out
section 242(a)(3)(A) of the Immigration and Nationality
Act, $5,000,000 for fiscal year 1994 and $2,000,000 for
each of the fiscal years 1995, 1996, 1997, and 1998.
Subtitle B—Prevention and
Punishment of Alien Smuggling
SEC. 611. BORDER PATROL AGENTS.
In addition to such amounts as are otherwise author-
ized to be appropriated, there is authorized to be appro-
priated for each of the fiscal years 1994, 1995, 1996,
1997, 1998, for salaries and expenses of the Border Patrol
such amounts as may be necessary to provide for an in-
crease in the number of agents of the Border Patrol by
219
3,000 full-time equivalent agent positions beyond the
number of such positions at the Border Patrol on July
1, 1993.
SEC. 612. BORDER PATROL INVESTIGATORS.
In addition to such amounts as are otherwise author-
ized to be appropriated, there is authorized to be appro-
priated for each of the fiscal years 1994, 1995, 1996,
1997, 1998, for salaries and expenses of the Border Patrol
such amounts as may be necessary to provide for an in-
crease in the number of investigators of the Border Patrol
by 1,000 full-time equivalent investigator positions beyond
the number of such positions at the Border Patrol on July
1, 1993.
SEC. 613. ENHANCED PENALTIES FOR CERTAIN ALIEN
SMUGGLING.
Section 274(a)(1) of the Immigration and Nationality
Act (8 U.S.C. 1324(a)(1)) is amended by striking ‘‘five
years’’ and inserting ‘‘ten years’’.
TITLE VII—EXPANDING PRISON
CAPACITY
SEC. 701. USE OF PRIVATE ACTIVITY BONDS.
(a) IN GENERAL.—Subsection (a) of section 142 of
the Internal Revenue Code of 1986 (defining exempt facil-
ity bond) is amended by striking ‘‘or’’ at the end of para-
graph (11), by striking the period at the end of paragraph
220
(12) and inserting ‘‘, or’’, and by adding at the end thereof
the following new paragraph:
‘‘(13) correctional facilities.’’.
(b) DEFINITION.—Section 142 of such Code is
amended by adding at the end thereof the following new
subsection:
‘‘(k) CORRECTIONAL FACILITIES.—For purposes of
subsection (a)(13), the term ‘correctional facilities’ means
facilities for the confinement or rehabilitation of offenders
or individuals charged with or convicted of criminal of-
fenses, including prisons, jails, detention centers and drug
and alcohol rehabilitation centers. Correctional facilities
shall be treated in all events as serving the general pub-
lic.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to obligations issued after the date
of the enactment of this Act.
SEC. 702. FEDERAL-STATE PARTNERSHIPS FOR REGIONAL
PRISONS.
(a) CREATED BY ATTORNEY GENERAL.—The Attor-
ney General shall—
(1) establish a Regional Prison Task Force
comprised of—
(A) the Director of the Federal Bureau of
Prisons; and
221
(B) a senior correctional officer of each
State wishing to participate, who is designated
for this purpose by the Governor of the State;
and
(2) create a plan, in consultation with the Re-
gional Prison Task Force for the establishment of a
nationwide regional prison system, and report that
plan to the Committees on the Judiciary and Appro-
priations of the House of Representatives and the
Senate not later than 180 days after the date of the
enactment of this Act.
(b) SCOPE OF PLAN.—The plan shall—
(1) define the boundaries and number of re-
gions in which regional prisons will be placed;
(2) establish the terms of the partnership
agreements that States must enter into with the At-
torney General in order to participate in the regional
prison system;
(3) set forth the extent of the role of the Fed-
eral Bureau of Prisons in administering the prisons;
(4) determine the way 2 or more States in a re-
gion will share responsibility for the activities associ-
ated with the regional prisons; and
(5) specify both the Federal responsibility and
the State responsibility (which shall not be less than
222
50 percent) for construction costs and operating
costs of the regional prisons.
(c) STATE ELIGIBILITY.—No State may send any
prisoner to be held at a regional prison established under
this section unless such State, as determined by the Attor-
ney General—
(1) enters into a partnership agreement under
subsection (a) and abides substantially by its terms;
(2) establishes minimum mandatory sentences
of 10 years for persons who are convicted of a seri-
ous felony and are subsequently convicted of a crime
of violence involving the use of a firearm or a crime
of violence involving a sexual assault;
(3) establishes a truth in sentencing policy
under which offenders will serve no less than 85 per-
cent of the term of imprisonment to which they are
sentenced—
(A) after the date the State enters into the
partnership agreement, with respect to crimes
of violence involving the use of a firearm or a
crime of violence involving a sexual assault; and
(B) after a date set by the State which is
not later than 2 years after that State enters
into such agreement, with respect to all other
223
crimes of violence and serious drug trafficking
offenses;
(4) provides pretrial detention similar to that
provided in the Federal system under section 3142
of title 18, United States Code;
(5) takes steps to eliminate court imposed limi-
tations on its prison capacity resulting from consent
decrees or statutory provisions; and
(6) provides adequate assurances that—
(A) such State will not use the regional
prison system to supplant any part of its own
system; and
(B) funds provided by the State for the
construction of regional prisons under this sec-
tion will be in addition to what would otherwise
have been made available for the construction
and operation of prisons by the State.
(d) PRISONER ELIGIBILITY.—A State which is eligi-
ble under this section may send prisoners convicted of
State crimes to serve their prison sentence in the regional
prison established under this section if—
(1) the prisoner has been convicted of not less
than 2 crimes of violence or serious drug trafficking
offenses and then commits a crime of violence in-
224
volving the use of a firearm or a crime of violence
involving a sexual assault; or
(2) the prisoner is an illegal alien convicted of
a felony offense punishable by more than 1 year’s
imprisonment.
(e) DEFINITIONS.—As used in this section—
(1) the term ‘‘crime of violence’’ is a felony of-
fense that is—
(A) punishable by imprisonment for a term
exceeding one year; and
(B) a crime of violence as defined in sec-
tion 16 of title 18, United States Code;
(2) the term ‘‘serious drug trafficking offense’’
is a felony offense that is—
(A) punishable by imprisonment for a term
exceeding one year; and
(B) defined in section 924(e)(2)(A) of title
18, United States Code;
(3) the term ‘‘serious felony’’ means a felony
punishable by imprisonment for a term exceeding 1
year, or any act of juvenile delinquency involving the
use or carrying of a firearm, knife, or destructive de-
vice that would be punishable by imprisonment for
such term if committed by an adult, that—
225
(A) has as an element the use, attempted
use, or threatened use of physical force against
the person of another;
(B) is burglary, arson, or extortion, in-
volves use of explosives, or otherwise involves
conduct that presents a serious potential risk of
physical injury to another; or
(C) involves conduct in violation of section
401 of the Controlled Substances Act that con-
sists of illegal distribution of a controlled sub-
stance;
(4) the term ‘‘crime of violence involving a sex-
ual assault’’ is a crime of violence that is an offense
as defined in chapter 109A of title 18, United States
Code; and
(5) the term ‘‘State’’ includes the District of
Columbia, Puerto Rico, and any other territory or
possession of the United States.
(f) REGIONAL PRISON FUND.—There is established
in the Treasury the Regional Prison Fund. The Regional
Prison Fund shall consist of—
(1) sums appropriated to it by Act of Congress;
(2) notwithstanding section 1401 of the Victims
of Crime Act of 1984 (42 U.S.C. 10601) or any
other provision of law, the total of criminal fines de-
226
posited in the Crime Victims Fund during each fis-
cal year (beginning after the date of the enactment
of this Act) that exceeds $150,000,000; and
(3) notwithstanding any other provision of law,
any portion of the Department of Justice Asset For-
feiture Fund that the Attorney General determines
is remaining after distributions of—
(A) funds to be shared with State and
local law enforcement;
(B) funds to pay warehouse and appraisal
fees and innocent lien holders; and
(C) funds for Federal law enforcement.
(g) TRANSFERS.—The Secretary of the Treasury
shall from time to time make appropriate transfers be-
tween funds to implement subsection (f).
(h) USE OF REGIONAL PRISON FUND.—The Attor-
ney General may use any sums in the Regional Prison
Fund to carry out this section.
(i) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Regional Prison
Fund—
(1) $1,000,000,000 for each of fiscal years
1994 through 1996; and
(2) such sums as may be necessary thereafter
through fiscal year 2004.
227
SEC. 703. NON-APPLICABILITY OF DAVIS-BACON TO PRISON
CONSTRUCTION.
(a) FEDERAL PRISON CONSTRUCTION.—Section 1 of
the Davis-Bacon Act of March 3, 1991 (46 Stat. 1494,
as amended, 40 U.S.C. 276a) is amended by adding at
the end the following new subsection:
‘‘(c) The requirements of this section shall not apply
to contracts for construction, alteration, and/or repair of
institutions used to incarcerate persons held under author-
ity of any enactment of Congress.’’.
(d) EFFECTIVE DATE.—The amendment made by
subsection (a) shall become effective on the date of enact-
ment of this Act.
SEC. 704. ACTIONS CHALLENGING CONDITIONS OF CON-
FINEMENT.
(a) IN GENERAL.—Title 28, United States Code is
amended by inserting after chapter 176 the following new
chapter:
‘‘CHAPTER 177—ACTIONS CHALLENGING
CONDITIONS OF CONFINEMENT
‘‘Sec.
‘‘3401. Limitations on remedies.
‘‘3402. Consent decrees.
‘‘3403. Modification of orders or decrees.
‘‘§ 3401. Limitations on remedies
‘‘(a)(1) If the district court, in any action challenging
the constitutionality of conditions of confinement in any
228
prison, jail, detention facility, or other correctional institu-
tion housing persons accused or convicted of a crime or
juveniles adjudicated delinquent, finds that one or more
conditions of confinement are in violation of the United
States Constitution, the court shall narrowly tailor any re-
lief to fit the nature and extent of the violations and shall
make the order no more intrusive than absolutely nec-
essary to ensure that the violations are remedied. The
court shall have no jurisdiction—
‘‘(A) to impose a ceiling on the population of
any institution or to require any adjustment of the
release dates of inmates; or
‘‘(B) to prohibit the use of tents or prefab-
ricated structures for housing inmates.
‘‘§ 3402. Consent decrees
‘‘(a) No consent decree in any action challenging the
constitutionality of conditions of confinement in any pris-
on, jail, detention facility, or other correctional institution
housing persons accused or convicted of a crime or juve-
niles adjudicated delinquent shall provide relief greater
than the minimum required to bring the conditions of con-
finement into substantial compliance with the United
States Constitution.
‘‘(b) In entering a consent decree, the court shall
make a written finding that the relief provided in the de-
229
cree is no greater than the minimum required to bring
the conditions of confinement into substantial compliance
with the United States Constitution. If it appears to the
court that the relief provided in the decree is greater than
the minimum required, the court may recommend changes
in the decree.
‘‘§ 3403. Modification of orders or decrees
‘‘(a)(1) Upon motion of a defendant at any time, the
court may conduct a hearing on whether an order or de-
cree described in section 3401 or 3402 of this title should
be modified in light of—
‘‘(A) changed factual circumstances affecting
the operation of the order or decree, whether or not
foreseeable;
‘‘(B) a change or clarification of the governing
law, whether or not foreseeable;
‘‘(C) a succession in office of an official respon-
sible for having consented to a decree;
‘‘(D) the government’s financial constraints or
any other matter affecting public safety or the pub-
lic interest; or
‘‘(E) any ground provided in Rule 60(b) of the
Federal Rules of Civil Procedure.
‘‘(2) The court shall conduct such a hearing if the
motion was filed more than one year after the date of the
230
order or decree or the date on which the last previous
modification hearing was conducted, whichever is later.
‘‘(b) If the court denies a motion to modify an order
or consent decree under subsection (a) of this section, the
court shall make a written finding that the relief provided
in the order or decree, as of the date of decision, is no
greater than the minimum required to bring the conditions
of confinement into substantial compliance with the
United States Constitution.’’.
(b) CLERICAL AMENDMENT.—The table of chapters
at the beginning of part VI of title 28, United States Code,
is amended by inserting after the item relating to chapter
176 the following:
‘‘177. Actions Challenging Conditions of Confinement ....... 3401’’.
SEC. 705. CONVERSION OF PROPERTY AND FACILITIES AT
CLOSED OR REALIGNED MILITARY INSTALLA-
TIONS INTO YOUTHFUL OFFENDER BOOT
CAMPS.
(a) BASES CLOSED OR REALIGNED UNDER 1990
BASE CLOSURE LAW.—Section 2905 of the Defense Base
Closure and Realignment Act of 1990 (part A of title
XXIX of Public Law 101–510; 10 U.S.C. 2687 note) is
amended by adding at the end the following new sub-
section:
‘‘(e) PRIORITY FOR CONVERSION TO YOUTHFUL OF-
FENDER BOOT CAMPS.—(1) Notwithstanding subsection
231
(b), before any action is taken with respect to the disposal
or transfer of any real property or facility located at a
military installation to be closed or realigned under this
part, the Secretary of Defense shall notify the State and
each local government in which the installation is located
and other interested persons of the suitability of the prop-
erty or facility for conversion and use as a youthful of-
fender boot camp.
‘‘(2) Subject to paragraph (3), the Secretary shall
transfer (without reimbursement) the property or facilities
described in the notification to the State, local govern-
ment, or interested person if the State, local government,
or person certifies that the property or facilities will be
promptly converted to and used as a youthful offender
boot camp.
‘‘(3) Any certification submitted under paragraph (2)
must be received by the Secretary not later than 180 days
after the Secretary provides the notification required by
paragraph (1) and must include a conversion and operat-
ing plan for the youthful offender boot camp. If the Sec-
retary receives more than one certification, the Secretary
shall select the recipient of the property or facility based
upon the quality and feasibility of the competing conver-
sion and operating plans. In the case of a certification sub-
mitted by a private person, the Secretary may reject the
232
certification and refuse to transfer the property or facility
concerned if—
‘‘(A) the Secretary determines on the basis of
the conversion and operating plan that the person
will likely be unable to successfully convert or oper-
ate the proposed youthful offender boot camp; or
‘‘(B) the State or any local government in
which the installation is located opposes the transfer.
‘‘(4) As used in this subsection, the term ‘youthful
offender boot camp’ means a correctional facility operated
as a military-style boot camp to provide discipline, treat-
ment, and work for adjudicated non-violent offenders who
are between the ages of 14 and 25, inclusive.’’.
(b) BASES CLOSED OR REALIGNED UNDER 1988
BASE CLOSURE LAW.—(1) Section 204 of the Defense
Authorization Amendments and Base Closure and Re-
alignment Act (title II of Public Law 100–526; 10 U.S.C.
2687 note) is amended by adding at the end the following
new subsection:
‘‘(d) PRIORITY FOR CONVERSION TO YOUTHFUL OF-
FENDER BOOT CAMPS.—(1) Notwithstanding subsection
(b), before any action is taken with respect to the disposal
or transfer of any real property or facility located at a
military installation to be closed or realigned under this
title, the Secretary of Defense shall notify the State and
233
each local government in which the installation is located
and other interested persons of the suitability of the prop-
erty or facility for conversion and use as a youthful of-
fender boot camp
‘‘(2) Subject to paragraph (3), the Secretary shall
transfer (without reimbursement) the property or facilities
described in the notification to the State, local govern-
ment, or interested person if the State, local government,
or person certifies that the property or facilities will be
promptly converted to and used as a youthful offender
boot camp.
‘‘(3) Any certification submitted under paragraph (2)
must be received by the Secretary not later than 180 days
after the Secretary provides the notification required by
paragraph (1) and must include a conversion and operat-
ing plan for the youthful offender boot camp. If the Sec-
retary receives more than one certification, the Secretary
shall select the recipient of the property or facility based
upon the quality and feasibility of the competing conver-
sion and operating plans. In the case of a certification sub-
mitted by a private person, the Secretary may reject the
certification and refuse to transfer the property or facility
concerned if—
‘‘(A) the Secretary determines on the basis of
the conversion and operating plan that the person
234
will likely be unable to successfully convert or oper-
ate the proposed youthful offender boot camp; or
‘‘(B) the State or any local government in
which the installation is located opposes the transfer.
‘‘(4) As used in this subsection, the term ‘youthful
offender boot camp’ means a correctional facility operated
as a military-style boot camp to provide discipline, treat-
ment, and work for adjudicated non-violent offenders who
are between the ages of 14 and 25, inclusive.’’.
(c) MODEL YOUTHFUL OFFENDER BOOT CAMP.—
(1) DEVELOPMENT.—The Secretary of Defense,
in consultation with the Federal Bureau of Prisons
and State and local correctional agencies, shall de-
velop a model program intended to incorporate mili-
tary basic training and other military instruction
and disciplinary procedures into the design and op-
eration of youthful offender boot camps at the Fed-
eral, State, and local levels.
(2) DEFINITION.—For purposes of this sub-
section, the term ‘‘youthful offender boot camp’’
means a correctional facility operated as a military-
style boot camp to provide discipline, treatment, and
work for adjudicated non-violent offenders who are
between the ages of 14 and 25, inclusive.
235
SEC. 706. GRANTS FOR BOOT CAMPS.
Subsection (a) of section 516 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3762b)
is amended—
(1) by striking ‘‘80’’ and inserting ‘‘40’’; and
(2) by striking ‘‘10’’ the second place it appears
and inserting ‘‘50’’.
SEC. 707. RESTRICTED FEDERAL COURT JURISDICTION IN
IMPOSING REMEDIES ON STATE AND FED-
ERAL PRISON SYSTEMS.
(a) IN GENERAL.—Title 28, United States Code is
amended by inserting after chapter 176 the following new
chapter:
‘‘CHAPTER 177—ACTIONS CHALLENGING
CONDITIONS OF CONFINEMENT
‘‘Sec.
‘‘3401. Limitations on remedies.
‘‘3402. Consent decrees.
‘‘3403. Modification of orders or decrees.
‘‘§ 3401. Limitations on remedies
‘‘(a)(1) If the district court, in any action challenging
the constitutionality of conditions of confinement in any
prison, jail, detention facility, or other correctional institu-
tion housing persons accused or convicted of a crime or
juveniles adjudicated delinquent, finds that one or more
conditions of confinement are in violation of the United
States Constitution, the court shall narrowly tailor any re-
236
lief to fit the nature and extent of the violations and shall
make the order no more intrusive than absolutely nec-
essary to ensure that the violations are remedied. The
court shall have no jurisdiction—
‘‘(A) to impose a ceiling on the population of
any institution or to require any adjustment of the
release dates of inmates; or
‘‘(B) to prohibit the use of tents or prefab-
ricated structures for housing inmates.
‘‘§ 3402. Consent decrees
‘‘(a) No consent decree in any action challenging the
constitutionality of conditions of confinement in any pris-
on, jail, detention facility, or other correctional institution
housing persons accused or convicted of a crime or juve-
niles adjudicated delinquent shall provide relief greater
than the minimum required to bring the conditions of con-
finement into substantial compliance with the United
States Constitution.
‘‘(b) In entering a consent decree, the court shall
make a written finding that the relief provided in the de-
cree is no greater than the minimum required to bring
the conditions of confinement into substantial compliance
with the United States Constitution. If it appears to the
court that the relief provided in the decree is greater than
237
the minimum required, the court may recommend changes
in the decree.
‘‘§ 3403. Modification of orders or decrees
‘‘(a)(1) Upon motion of a defendant at any time, the
court may conduct a hearing on whether an order or de-
cree described in section 3401 or 3402 of this title should
be modified in light of—
‘‘(A) changed factual circumstances affecting
the operation of the order or decree, whether or not
foreseeable;
‘‘(B) a change or clarification of the governing
law, whether or not foreseeable;
‘‘(C) a succession in office of an official respon-
sible for having consented to a decree;
‘‘(D) the government’s financial constraints or
any other matter affecting public safety or the pub-
lic interest; or
‘‘(E) any ground provided in Rule 60(b) of the
Federal Rules of Civil Procedure.
‘‘(2) The court shall conduct such a hearing if the
motion was filed more than one year after the date of the
order or decree or the date on which the last previous
modification hearing was conducted, whichever is later.
‘‘(b) If the court denies a motion to modify an order
or consent decree under subsection (a) of this section, the
238
court shall make a written finding that the relief provided
in the order or decree, as of the date of decision, is no
greater than the minimum required to bring the conditions
of confinement into substantial compliance with the Unit-
ed States Constitution.’’.
(b) CLERICAL AMENDMENT.—The table of chapters
at the beginning of part VI of title 28, United States Code,
is amended by inserting after the item relating to chapter
176 the following:
‘‘177. Actions Challenging Conditions of Confinement ....... 3401’’.
TITLE 
VIII—ELIMINATION 
OF
DELAYS IN CARRYING OUT
SENTENCES
Subtitle A—Post Conviction Peti-
tions: General Habeas Corpus
Reform
SEC. 801. PERIOD OF LIMITATION FOR FILING WRIT OF HA-
BEAS CORPUS FOLLOWING FINAL JUDGMENT
OF A STATE COURT.
Section 2244 of title 28, United States Code, is
amended by adding at the end the following:
‘‘(d) A one-year period of limitation shall apply to an
application for a writ of habeas corpus by a person in cus-
tody pursuant to the judgment of a State court. The limi-
tation period shall run from the latest of the following
times:
239
‘‘(1) The time at which State remedies are ex-
hausted.
‘‘(2) The time at which the impediment to filing
an application created by State action in violation of
the Constitution or laws of the United States is re-
moved, where the applicant was prevented from fil-
ing by such State action.
‘‘(3) The time at which the Federal right as-
serted was initially recognized by the Supreme
Court, where the right has been newly recognized by
the Court and is retroactively applicable.
‘‘(4) The time at which the factual predicate of
the claim or claims presented could have been dis-
covered through the exercise of reasonable dili-
gence.’’.
SEC. 802. AUTHORITY OF APPELLATE JUDGES TO ISSUE
CERTIFICATES OF PROBABLE CAUSE FOR AP-
PEAL IN HABEAS CORPUS AND FEDERAL COL-
LATERAL RELIEF PROCEEDINGS.
Section 2253 of title 28, United States Code, is
amended to read as follows:
‘‘§ 2253. Appeal
‘‘(a) In a habeas corpus proceeding or a proceeding
under section 2255 of this title before a circuit or district
judge, the final order shall be subject to review, on appeal,
240
by the court of appeals for the circuit where the proceed-
ing is had.
‘‘(b) There shall be no right of appeal from such an
order in a proceeding to test the validity of a warrant to
remove, to another district or place for commitment or
trial, a person charged with a criminal offense against the
United States, or to test the validity of his detention pend-
ing removal proceedings.
‘‘(c) An appeal may not be taken to the court of ap-
peals from the final order in a habeas corpus proceeding
where the detention complained of arises out of process
issued by a State court, or from the final order in a pro-
ceeding under section 2255 of this title, unless a circuit
justice or judge issues a certificate of probable cause.’’.
SEC. 803. CONFORMING AMENDMENT TO THE RULES OF AP-
PELLATE PROCEDURE.
Federal Rule of Appellate Procedure 22 is amended
to read as follows:
‘‘RULE 22
‘‘HABEAS CORPUS AND SECTION 2255 PROCEEDINGS
‘‘(a) APPLICATION FOR AN ORIGINAL WRIT OF HA-
BEAS CORPUS.—An application for a writ of habeas cor-
pus shall be made to the appropriate district court. If ap-
plication is made to a circuit judge, the application will
ordinarily be transferred to the appropriate district court.
241
If an application is made to or transferred to the district
court and denied, renewal of the application before a cir-
cuit judge is not favored; the proper remedy is by appeal
to the court of appeals from the order of the district court
denying the writ.
‘‘(b) NECESSITY
OF CERTIFICATE
OF PROBABLE
CAUSE FOR APPEAL.—In a habeas corpus proceeding in
which the detention complained of arises out of process
issued by a State court, and in a motion proceeding pursu-
ant to section 2255 of title 28, United States Code, an
appeal by the applicant or movant may not proceed unless
a circuit judge issues a certificate of probable cause. If
a request for a certificate of probable cause is addressed
to the court of appeals, it shall be deemed addressed to
the judges thereof and shall be considered by a circuit
judge or judges as the court deems appropriate. If no ex-
press request for a certificate is filed, the notice of appeal
shall be deemed to constitute a request addressed to the
judges of the court of appeals. If an appeal is taken by
a State or the Government or its representative, a certifi-
cate of probable cause is not required.’’.
242
SEC. 804. DISCRETION TO DENY HABEAS CORPUS APPLICA-
TION DESPITE FAILURE TO EXHAUST STATE
REMEDIES.
Section 2254(b) of title 28, United State Code, is
amended to read as follows:
‘‘(b) An application for a writ of habeas corpus in
behalf of a person in custody pursuant to the judgment
of a State court shall not be granted unless it appears
that the applicant has exhausted the remedies available
in the courts of the State, or that there is either an ab-
sence of available State corrective process or the existence
of circumstances rendering such process ineffective to pro-
tect the rights of the applicant. An application may be
denied on the merits notwithstanding the failure of the
applicant to exhaust the remedies available in the courts
of the State.’’.
SEC. 805. PERIOD OF LIMITATION FOR FEDERAL PRIS-
ONERS FILING FOR COLLATERAL REMEDY.
Section 2255 of title 28, United States Code, is
amended by striking the second paragraph and the penul-
timate paragraph thereof, and by adding at the end the
following new paragraphs:
‘‘A two-year period of limitation shall apply to a mo-
tion under this section. The limitation period shall run
from the latest of the following times:
243
‘‘(1) The time at which the judgment of convic-
tion becomes final.
‘‘(2) The time at which the impediment to mak-
ing a motion created by governmental action in vio-
lation of the Constitution or laws of the United
States is removed, where the movant was prevented
from making a motion by such governmental action.
‘‘(3) The time at which the right asserted was
initially recognized by the Supreme Court, where the
right has been newly recognized by the Court and is
retroactively applicable.
‘‘(4) The time at which the factual predicate of
the claim or claims presented could have been dis-
covered through the exercise of reasonable dili-
gence.’’.
Subtitle B—Special Procedures for
Collateral Proceedings in Cap-
ital Cases
SEC. 811. DEATH PENALTY LITIGATION PROCEDURES.
Title 28, United States Code, is amended by inserting
the following new chapter immediately following chapter
153:
‘‘CHAPTER 154—SPECIAL HABEAS CORPUS
PROCEDURES IN CAPITAL CASES
‘‘Sec.
244
‘‘2256. Prisoners in State custody subject to capital sentence; appointment of
counsel; requirement of rule of court or statute; procedures for
appointment.
‘‘2257. Mandatory stay of execution; duration; limits on stays of execution; suc-
cessive petitions.
‘‘2258. Filing of habeas corpus petition; time requirements; tolling rules.
‘‘2259. Evidentiary hearings; scope of Federal review; district court adjudica-
tion.
‘‘2260. Certificate of probable cause inapplicable.
‘‘2261. Application to State unitary review procedures.
‘‘2262. Limitation periods for determining petitions.
‘‘2263. Rule of construction.
‘‘§ 2256. Prisoners in State custody subject to capital
sentence; appointment of counsel; re-
quirement of rule of court or statute; pro-
cedures for appointment
‘‘(a) This chapter shall apply to cases arising under
section 2254 brought by prisoners in State custody who
are subject to a capital sentence. It shall apply only if the
provisions of subsections (b) and (c) are satisfied.
‘‘(b) This chapter is applicable if a State establishes
by rule of its court of last resort or by statute a mecha-
nism for the appointment, compensation and payment of
reasonable litigation expenses of competent counsel in
State postconviction proceedings brought by indigent pris-
oners whose capital convictions and sentences have been
upheld on direct appeal to the court of last resort in the
State or have otherwise become final for State law pur-
poses. The rule of court or statute must provide standards
of competency for the appointment of such counsel.
‘‘(c) Any mechanism for the appointment, compensa-
tion and reimbursement of counsel as provided in sub-
245
section (b) must offer counsel to all State prisoners under
capital sentence and must provide for the entry of an
order by a court of record: (1) appointing one or more
counsel to represent the prisoner upon a finding that the
prisoner is indigent and accepted the offer or is unable
competently to decide whether to accept or reject the offer;
(2) finding, after a hearing if necessary, that the prisoner
rejected the offer of counsel and made the decision with
an understanding of its legal consequences; or (3) denying
the appointment of counsel upon a finding that the pris-
oner is not indigent.
‘‘(d) No counsel appointed pursuant to subsections
(b) and (c) to represent a State prisoner under capital
sentence shall have previously represented the prisoner at
trial or on direct appeal in the case for which the appoint-
ment is made unless the prisoner and counsel expressly
request continued representation.
‘‘(e) The ineffectiveness or incompetence of counsel
during State or Federal collateral postconviction proceed-
ings in a capital case shall not be a ground for relief in
a proceeding arising under section 2254 of this chapter.
This limitation shall not preclude the appointment of dif-
ferent counsel, on the court’s own motion or at the request
of the prisoner, at any phase of State or Federal
246
postconviction proceedings on the basis of the ineffective-
ness or incompetence of counsel in such proceedings.
‘‘§ 2257. Mandatory stay of execution; duration; limits
on stays of execution; successive peti-
tions
‘‘(a) Upon the entry in the appropriate State court
of record of an order under section 2256(c), a warrant
or order setting an execution date for a State prisoner
shall be stayed upon application to any court that would
have jurisdiction over any proceedings filed under section
2254. The application must recite that the State has in-
voked the postconviction review procedures of this chapter
and that the scheduled execution is subject to stay.
‘‘(b) A stay of execution granted pursuant to sub-
section (a) shall expire if—
‘‘(1) a State prisoner fails to file a habeas cor-
pus petition under section 2254 within the time re-
quired in section 2258, or fails to make a timely ap-
plication for court of appeals review following the de-
nial of such a petition by a district court;
‘‘(2) upon completion of district court and court
of appeals review under section 2254 the petition for
relief is denied and (A) the time for filing a petition
for certiorari has expired and no petition has been
filed; (B) a timely petition for certiorari was filed
247
and the Supreme Court denied the petition; or (C)
a timely petition for certiorari was filed and upon
consideration of the case, the Supreme Court dis-
posed of it in a manner that left the capital sentence
undisturbed; or
‘‘(3) before a court of competent jurisdiction, in
the presence of counsel and after having been ad-
vised of the consequences of his decision, a State
prisoner under capital sentence waives the right to
pursue habeas corpus review under section 2254.
‘‘(c) If one of the conditions in subsection (b) has
occurred, no Federal court thereafter shall have the au-
thority to enter a stay of execution or grant relief in a
capital case unless—
‘‘(1) the basis for the stay and request for relief
is a claim not previously presented in the State or
Federal courts;
‘‘(2) the failure to raise the claim is (A) the re-
sult of State action in violation of the Constitution
or laws of the United States; (B) the result of the
Supreme Court recognition of a new Federal right
that is retroactively applicable; or (C) based on a
factual predicate that could not have been discovered
through the exercise of reasonable diligence in time
248
to present the claim for State or Federal
postconviction review; and
‘‘(3) the facts underlying the claim would be
sufficient, if proven, to undermine the court’s con-
fidence in the determination of guilt on the offense
or offenses for which the death penalty was imposed.
‘‘§ 2258. Filing of habeas corpus petition; time re-
quirements; tolling rules
‘‘Any petition for habeas corpus relief under section
2254 must be filed in the appropriate district court within
one hundred and eighty days from the filing in the appro-
priate State court of record of an order under section
2256(c). The time requirements established by this section
shall be tolled—
‘‘(1) from the date that a petition for certiorari
is filed in the Supreme Court until the date of final
disposition of the petition if a State prisoner files
the petition to secure review by the Supreme Court
of the affirmance of a capital sentence on direct re-
view by the court of last resort of the State or other
final State court decision on direct review;
‘‘(2) during any period in which a State pris-
oner under capital sentence has a properly filed re-
quest for postconviction review pending before a
State court of competent jurisdiction; if all State fil-
249
ing rules are met in a timely manner, this period
shall run continuously from the date that the State
prisoner initially files for postconviction review until
final disposition of the case by the highest court of
the State, but the time requirements established by
this section are not tolled during the pendency of a
petition for certiorari before the Supreme Court ex-
cept as provided in paragraph (1); and
‘‘(3) during an additional period not to exceed
sixty days, if (A) a motion for an extension of time
is filed in the Federal district court that would have
proper jurisdiction over the case upon the filing of
a habeas corpus petition under section 2254; and
(B) a showing of good cause is made for the failure
to file the habeas corpus petition within the time pe-
riod established by this section.
‘‘§ 2259. Evidentiary hearings; scope of Federal re-
view; district court adjudication
‘‘(a) Whenever a State prisoner under a capital sen-
tence files a petition for habeas corpus relief to which this
chapter applies, the district court shall—
‘‘(1) determine the sufficiency of the record for
habeas corpus review based on the claims actually
presented and litigated in the State courts except
when the prisoner can show that the failure to raise
250
or develop a claim in the State courts is (A) the re-
sult of State action in violation of the Constitution
or laws of the United States; (B) the result of the
Supreme Court recognition of a new Federal right
that is retroactively applicable; or (C) based on a
factual predicate that could not have been discovered
through the exercise of reasonable diligence in time
to present the claim for State postconviction review;
and
‘‘(2) conduct any requested evidentiary hearing
necessary to complete the record for habeas corpus
review.
‘‘(b) Upon the development of a complete evidentiary
record, the district court shall rule on the claims that are
properly before it.
‘‘§ 2260. Certificate of probable cause inapplicable
‘‘The requirement of a certificate of probable cause
in order to appeal from the district court to the court of
appeals does not apply to habeas corpus cases subject to
the provisions of this chapter except when a second or suc-
cessive petition is filed.
‘‘§ 2261. Application to State unitary review proce-
dure
‘‘(a) For purposes of this section, a ‘unitary review’
procedure means a State procedure that authorizes a per-
251
son under sentence of death to raise, in the course of di-
rect review of the judgment, such claims as could be raised
on collateral attack. The provisions of this chapter shall
apply, as provided in this section, in relation to a State
unitary review procedure if the State establishes by rule
of its court of last resort or by statute a mechanism for
the appointment, compensation and payment of reasonable
litigation expenses of competent counsel in the unitary re-
view proceedings, including expenses relating to the litiga-
tion of collateral claims in the proceedings. The rule of
court or statute must provide standards of competency for
the appointment of such counsel.
‘‘(b) A unitary review procedure, to qualify under this
section, must include an offer of counsel following trial
for the purpose of representation on unitary review, and
entry of an order, as provided in section 2256(c), concern-
ing appointment of counsel or waiver or denial of appoint-
ment of counsel for that purpose. No counsel appointed
to represent the prisoner in the unitary review proceedings
shall have previously represented the prisoner at trial in
the case for which the appointment is made unless the
prisoner and counsel expressly request continued represen-
tation.
‘‘(c) Sections 2257, 2258, 2259, 2260, and 2262
shall apply in relation to cases involving a sentence of
252
death from any State having a unitary review procedure
that qualifies under this section. References to State ‘post-
conviction review’ and ‘direct review’ in those sections
shall be understood as referring to unitary review under
the State procedure. The references in sections 2257(a)
and 2258 to ‘an order under section 2256(c)’ shall be un-
derstood as referring to the post-trial order under sub-
section (b) concerning representation in the unitary review
proceedings, but if a transcript of the trial proceedings
is unavailable at the time of the filing of such an order
in the appropriate State court, then the start of the one
hundred and eighty day limitation period under section
2258 shall be deferred until a transcript is made available
to the prisoner or his counsel.
‘‘§ 2262. Limitation periods for determining petitions
‘‘(a) The adjudication of any petition under section
2254 of title 28, United States Code, that is subject to
this chapter, and the adjudication of any motion under
section 2255 of title 28, United States Code, by a person
under sentence of death, shall be given priority by the dis-
trict court and by the court of appeals over all noncapital
matters. The adjudication of such a petition or motion
shall be subject to the following time limitations:
‘‘(1) A Federal district court shall determine
such a petition or motion within 180 days of filing.
253
‘‘(2)(A) The court of appeals shall hear and de-
termine any appeal relating to such a petition or
motion within 180 days after the notice of appeal is
filed.
‘‘(B) The court of appeals shall decide any ap-
plication for rehearing en banc within 30 days of the
filing of such application unless a responsive plead-
ing is required in which case the court of appeals
shall decide the application within 30 days of the fil-
ing of the responsive pleading. If en banc consider-
ation is granted, the en banc court shall determine
the appeal within 180 days of the decision to grant
such consideration.
‘‘(b) The time limitations under subsection (a) shall
apply to an initial petition or motion, and to any second
or successive petition or motion. The same limitations
shall also apply to the re-determination of a petition or
motion or related appeal following a remand by the court
of appeals or the Supreme Court for further proceedings,
and in such a case the limitation period shall run from
the date of the remand.
‘‘(c) The time limitations under this section shall not
be construed to entitle a petitioner or movant to a stay
of execution, to which the petitioner or movant would oth-
254
erwise not be entitled, for the purpose of litigating any
petition, motion, or appeal.
‘‘(d) The failure of a court to meet or comply with
the time limitations under this section shall not be a
ground for granting relief from a judgment of conviction
or sentence. The State or Government may enforce the
time limitations under this section by applying to the court
of appeals or the Supreme Court for a writ of mandamus.
‘‘(e) The Administrative Office of United States
Courts shall report annually to Congress on the compli-
ance by the courts with the time limits established in this
section.
‘‘§ 2263. Rule of construction
‘‘This chapter shall be construed to promote the expe-
ditious conduct and conclusion of State and Federal court
review in capital cases.’’.
(b) CLERICAL AMENDMENT.—The table of chapters
at the beginning of part VI of title 28, United States Code,
is amended by inserting after the item relating to chapter
153 the following new item:
‘‘154. Special habeas corpus procedures in capital cases 2256’’.
255
Subtitle C—Funding for Litigation
of Federal Habeas Corpus Peti-
tions in Capital Cases
SEC. 821. FUNDING FOR DEATH PENALTY PROSECUTIONS.
Part E of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is
amended by adding at the end the following new section:
‘‘SEC. 515. Notwithstanding any other provision of
this subpart, the Director shall provide grants to the
States, from the funding allocated pursuant to section
511, for the purpose of supporting litigation pertaining to
Federal habeas corpus petitions in capital cases. The total
funding available for such grants within any fiscal year
shall be equal to the funding provided to capital resource
centers, pursuant to Federal appropriation, in the same
fiscal year.’’.
TITLE IX—PUBLIC CORRUPTION
SEC. 901. OFFENSES.
(a) OFFENSES.—Chapter 11 of title 18, United
States Code, is amended by adding at the end the follow-
ing:
‘‘§ 226. Public corruption
‘‘(a) STATE AND LOCAL GOVERNMENT.—
‘‘(1) HONEST
SERVICES.—Whoever, in a cir-
cumstance described in paragraph (3), deprives or
256
defrauds, or endeavors to deprive or to defraud, by
any scheme or artifice, the inhabitants of a State of
the honest services of an official of that State, shall
be fined under this title, or imprisoned for not more
than 10 years, or both.
‘‘(2) FAIR AND IMPARTIAL ELECTIONS.—Who-
ever, in a circumstance described in paragraph (3),
deprives or defrauds, or endeavors to deprive or to
defraud, by any scheme or artifice, the inhabitants
of a State of a fair and impartially conducted elec-
tion process in any primary, run-off, special, or gen-
eral election—
‘‘(A) through the procurement, casting, or
tabulation of ballots that are materially false,
fictitious, or fraudulent, or that are invalid,
under the laws of the State in which the elec-
tion is held;
‘‘(B) through paying or offering to pay any
person for voting;
‘‘(C) through the procurement or submis-
sion of voter registrations that contain false
material information, or omit material informa-
tion; or
‘‘(D) through the filing of any report re-
quired to be filed under State law regarding an
257
election campaign that contains false material
information or omits material information;
shall be fined under this title or imprisoned for not
more than 10 years, or both.
‘‘(3) CIRCUMSTANCES IN WHICH OFFENSE OC-
CURS.—The circumstances referred to in paragraphs
(1) and (2) are that—
‘‘(A) for the purpose of executing or con-
cealing a scheme or artifice described in para-
graph (1) or (2) or attempting to do so, a per-
son—
‘‘(i) places in any post office or au-
thorized depository for mail matter, any
matter or thing to be sent or delivered by
the Postal Service, or takes or receives
from any such post office or depository,
any such matter or thing, or knowingly
causes to be delivered by mail according to
the direction on the mail, or at the place
at which it is directed to be delivered by
the person to whom it is addressed, any
such matter or thing;
‘‘(ii) transports or causes to be trans-
ported any person or thing, or induces any
258
person to travel in or to be transported in,
interstate or foreign commerce; or
‘‘(iii) uses or causes the use of any fa-
cility in interstate or foreign commerce;
‘‘(B) the scheme or artifice affects or con-
stitutes an attempt to affect in any manner or
degree, or would if executed or concealed so af-
fect, interstate or foreign commerce; or
‘‘(C) in the case of an offense described in
paragraph (2), an objective of the scheme or ar-
tifice is to secure the election of an official who,
if elected, would have some authority over the
administration of funds derived from an Act of
Congress totaling $10,000 or more during the
12-month period immediately preceding or fol-
lowing the election or date of the offense.
‘‘(b) FEDERAL GOVERNMENT.—Whoever deprives or
defrauds, or endeavors to deprive or to defraud, by any
scheme or artifice, the inhabitants of the United States
of the honest services of an official of the United States
shall be fined under this title or imprisoned for not more
than 10 years, or both.
‘‘(c) OFFENSE BY AN OFFICIAL AGAINST AN EM-
PLOYEE OR OFFICIAL.—
259
‘‘(1) CRIMINAL OFFENSE.—Whoever, being an
official of a State or the United States, directly or
indirectly, discharges, demotes, suspends, threatens,
harasses, or, in any manner, discriminates against
another official of a State or the United States, or
endeavors to do so, in order to carry out or to con-
ceal a scheme or artifice described in subsection (a)
or (b), shall be fined under this title or imprisoned
for not more than 5 years, or both.
‘‘(2) CIVIL ACTION.—(A) Any official who is
discharged, demoted, suspended, threatened, har-
assed, or in any other manner discriminated against
because of lawful acts done by the official as a result
of a violation of subsection (a) or (b) or because of
actions by the official on behalf of himself or herself
or others in furtherance of a prosecution under sub-
section (a) or (b) (including investigation for, initi-
ation of, testimony for, or assistance in such a pros-
ecution) may, in a civil action, obtain all relief nec-
essary to make such individual whole, including—
‘‘(i) reinstatement with the same seniority
status the official would have had but for the
violation of paragraph (1);
‘‘(ii) 3 times the amount of back pay;
‘‘(iii) interest on the back pay; and
260
‘‘(iv) compensation for any special dam-
ages sustained as a result of the violation of
paragraph (1), including reasonable litigation
costs and reasonable attorney’s fees.
‘‘(B) An individual is not eligible for relief
under subparagraph (A) if that individual partici-
pated in the violation of subsection (a) or (b) with
respect to which such relief is sought.
‘‘(C) A civil action or proceeding authorized by
this paragraph shall be stayed by a court upon the
certification of an attorney for the Government that
prosecution of the action or proceeding may ad-
versely affect the interests of the Government in a
pending criminal investigation or proceeding. The at-
torney for the Government shall promptly notify the
court when the stay may be lifted without such ad-
verse effects.
‘‘(d) DEFINITIONS.—As used in this section—
‘‘(1) the term ‘official’ means—
‘‘(A) in the case of an official of a State—
‘‘(i) any person employed by, exercis-
ing any authority derived from, or holding
any position in the government of a State,
including any department, independent es-
tablishment, commission, administration,
261
authority, board, or bureau, or a corpora-
tion or other legal entity established and
subject to control by a State for the execu-
tion of a program of such State;
‘‘(ii) a juror;
‘‘(iii) any person acting or pretending
to act under color of official authority; and
‘‘(iv) any person who has been nomi-
nated, appointed, or selected to be an offi-
cial described in clause (i), (ii), or (iii) or
who has been officially informed that he or
she will be so nominated, appointed, or se-
lected; and
‘‘(B) in the case of an official of the
United States—
‘‘(i) an officer or employee or person
acting for or on behalf of the United
States, or any department, agency, or
branch of the United States Government in
any official function, under or by authority
of any such department, agency, or branch
of Government;
‘‘(ii) a juror;
‘‘(iii) any person acting or pretending
to act under color of official authority; and
262
‘‘(iv) any person who has been nomi-
nated, appointed, or selected to be an offi-
cial described in clause (i), (ii), or (iii), or
has been officially informed that he or she
will be so nominated, appointed, or se-
lected;
‘‘(2) the term ‘person acting or pretending to
act under color of official authority’ means any per-
son who represents that he or she controls, is an
agent of, or otherwise acts on behalf of an official;
‘‘(3) the term ‘State’ means a State of the
United States, the District of Columbia, any com-
monwealth, territory, or possession of the United
States, and any political subdivision of such State,
District, commonwealth, territory, or possession; and
‘‘(4) the term ‘uses any facility in interstate or
foreign commerce’ includes the intrastate use of any
facility that may also be used in interstate or foreign
commerce.’’.
(b) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) The table of sections at the beginning of chapter 11
of title 18, United States Code, is amended by adding at
the end the following item:
‘‘226. Public corruption.’’.
(2) Section 1961(1) of title 18, United States Code,
is amended by inserting ‘‘section 226 (relating to public
263
corruption),’’ after ‘‘section 224 (relating to sports brib-
ery),’’.
(3) Section 2516(1)(c) of title 18, United States
Code, is amended by inserting ‘‘section 226 (relating to
public corruption),’’ after ‘‘section 224 (bribery in sport-
ing contests),’’.
SEC. 902. INTERSTATE COMMERCE.
(a) IN GENERAL.—Section 1343 of title 18, United
States Code, is amended—
(1) by striking ‘‘transmits or causes to be
transmitted by means of wire, radio, or television
communication in interstate or foreign commerce,
any writings, signs, signals, pictures, or sounds’’ and
inserting ‘‘uses or causes to be used any facility in
interstate or foreign commerce (as defined in section
226(d)(5) of this title)’’; and
(2) by inserting ‘‘or attempting to do so’’ after
‘‘for the purpose of executing such scheme or arti-
fice’’.
(b) CONFORMING AMENDMENTS.—(1) The section
caption for section 1343 of title 18, United States Code,
is amended to read as follows:
264
‘‘§ 1343. Fraud by use of facility in interstate com-
merce’’.
(2) The table of sections at the beginning of chapter
63 of title 18, United States Code, is amended by striking
the item relating to section 1343 and inserting the follow-
ing:
‘‘1343. Fraud by use of facility in interstate commerce.’’.
SEC. 903. NARCOTICS-RELATED PUBLIC CORRUPTION.
(a) IN GENERAL.—Chapter 11 of title 18, United
States Code, is amended by inserting after section 219 the
following:
‘‘§ 220. Narcotics and public corruption
‘‘(a) OFFENSE BY PUBLIC OFFICIAL.—Any public of-
ficial who, in a circumstance described in subsection (c),
directly or indirectly, corruptly demands, seeks, receives,
accepts, or agrees to receive or accept anything of value
personally or for any other person in return for—
‘‘(1) being influenced in the performance or
nonperformance of any official act; or
‘‘(2) being influenced to commit or to aid in
committing, or to collude in, or to allow or make op-
portunity for the commission of any offense against
the United States or any State;
shall be guilty of a class B felony.
‘‘(b) OFFENSE BY PERSON OTHER THAN A PUBLIC
OFFICIAL.—Any person who, in a circumstance described
265
in subsection (c), directly or indirectly, corruptly gives, of-
fers, or promises anything of value to any public official,
or offers or promises any public official to give anything
of value to any other person, with the intent—
‘‘(1) to influence any official act;
‘‘(2) to influence the public official to commit
or aid in committing, or to collude in, or to allow or
make opportunity for the commission of any offense
against the United States or any State; or
‘‘(3) to influence the public official to do or to
omit to do any act in violation of such official’s law-
ful duty;
shall be guilty of a class B felony.
‘‘(c) CIRCUMSTANCES
IN
WHICH
OFFENSE
OC-
CURS.—The circumstances referred to in subsections (a)
and (b) are that the offense involves, is part of, or is in-
tended to further or to conceal the illegal possession, im-
portation, manufacture, transportation, or distribution of
any controlled substance or controlled substance analogue.
‘‘(d) DEFINITIONS.—As used in this section—
‘‘(1) the terms ‘controlled substance’ and ‘con-
trolled substance analogue’ have the meanings given
those terms in section 102 of the Controlled Sub-
stances Act;
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‘‘(2) the term ‘official act’ means any decision,
action, or conduct regarding any question, matter,
proceeding, cause, suit, investigation, or prosecution
which may at any time be pending, or which may be
brought before any public official, in such official’s
official capacity, or in such official’s place of trust
or profit;
‘‘(3) the term ‘public official’ means—
‘‘(A) an officer or employee or person act-
ing for or on behalf of the United States, or
any department, agency, or branch of the Unit-
ed States Government in any official function,
under or by authority of any such department,
agency, or branch of Government;
‘‘(B) a juror;
‘‘(C) an officer or employee or person act-
ing for or on behalf of the government of any
State, or any political subdivision of a State, in
any official function, under or by the authority
of any such State or political subdivision; and
‘‘(D) any person who has been nominated
or appointed to a position described in subpara-
graph (A), (B), or (C), or has been officially in-
formed that he or she will be so nominated or
appointed; and
267
‘‘(4) the term ‘State’ means a State of the
United States, the District of Columbia, and any
commonwealth, territory, or possession of the United
States.’’.
(b) TECHNICAL AMENDMENTS.—(1) Section 1961(1)
of title 18, United States Code, is amended by inserting
‘‘section 220 (relating to narcotics and public corrup-
tion),’’ after ‘‘Section 201 (relating to bribery),’’.
(2) Section 2516(1)(c) of title 18, United States
Code, is amended by inserting ‘‘section 220 (relating to
narcotics and public corruption),’’ after ‘‘section 201
(bribery of public officials and witnesses),’’.
(c) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 11 of title 18, United States
Code, is amended by inserting after the item for section
219 the following:
‘‘220. Narcotics and public corruption.’’.
TITLE X—FUNDING
SEC. 1001. REDUCTION IN OVERHEAD COSTS INCURRED IN
FEDERALLY SPONSORED RESEARCH.
(a) CBO SCORING.—The Congressional Budget Of-
fice estimates that the reduction in overhead payments for
federally funded university research required by this sec-
tion will produce savings of $1,540,000,000 over 5 years
($150,000,000 for fiscal year 1994, $310,000,000 for fis-
cal year 1995, $350,000,000 for fiscal year 1996,
268
$360,000,000 for fiscal year 1997, and $370,000,000 for
fiscal year 1998).
(b) LIMITATION.—Notwithstanding any other law, on
and after the date of the enactment of this Act, each head
of a Federal agency making a grant to or entering into
a contract with, an institution of higher education for re-
search and development, shall reduce the overhead pay-
ment rate under the grant or contract to 90 percent of
the current level and return the amount saved to the gen-
eral fund of the Treasury.
(c) DEFINITIONS.—In this section—
(1) the term ‘‘institution of higher education’’
has the meaning stated in section 1201(a) of the
Higher Education Act of 1965 (20 U.S.C. 1141(a));
and
(2) the term ‘‘Federal agency’’ means a depart-
ment, agency, or instrumentality of the Federal Gov-
ernment (including an executive agency (as defined
in section 105 of title 5, United States Code)).
SEC. 1002. OVERHEAD EXPENSE REDUCTION.
(a) CBO SCORING.—The Congressional Budget Of-
fice estimates that the reduction in administrative costs
required by this section will produce savings of
$6,000,000,000 over 5 years ($1,200,000,000 in each of
fiscal years 1994, 1995, 1996, 1997, and 1998).
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(b) REDUCTION.—The overhead expenses identified
and reduced by the President in Executive Order 12837
are hereby reduced by an additional 5 percent. The reduc-
tion required by this section shall be taken from the total
of such expenses before the reduction by the President.
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