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—
‘‘(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. 137. OFFENSE OF INDUCING MINORS OR OTHER PER-
SONS TO USE STEROIDS.
Section 404 of the Controlled Substances Act (21
U.S.C 844) is amended by inserting after subsection (a)
the following new subsection:
‘‘(b)(1) Whoever, being a physical trainer or adviser
to a person, attempts to persuade or induce the person
to possess or use anabolic steroids in violation of sub-
section (a), shall be fined under title 18, United States
Code, imprisoned not more than 2 years (or if the person
attempted to be persuaded or induced was less than 18
years of age at the time of the offense, 5 years), or both.
‘‘(2) As used in this subsection, the term ‘physical
trainer or adviser’ means a professional or amateur coach,
manager, trainer, instructor, or other such person who
provides athletic or physical instruction, training, advice,
assistance, or any other such service to any person.’’.
SEC. 138. 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-
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. 139. 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—
‘‘(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
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
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—
(2) by inserting before the semicolon at the end
of the paragraph the following: ‘‘, or (F) any offense
against the United States that is punishable by im-
prisonment for more than 1 year and that involved
the use of a person below the age of 18 years in the
commission of the offense’’.
SEC. 141. INCREASED PENALTIES FOR USING MINORS IN
DRUG TRAFFICKING AND DRUG DISTRIBU-
TION TO MINORS.
(a) DRUG DISTRIBUTION
TO MINOR
BY RECIDI-
VIST.—Section 418(b) of the Controlled Substances Act
(21 U.S.C. 859(b)) is amended by striking ‘‘one year’’ and
inserting ‘‘3 years’’.
(b) USE OF MINOR IN TRAFFICKING BY RECIDI-
VIST.—Section 420(c) of the Controlled Substances Act
(21 U.S.C. 861(b)) is amended by striking ‘‘one year’’ and
inserting ‘‘3 years’’.
(c) CONCURRENT VIOLATION OF PROHIBITION OF
USE OF MINORS AND TRAFFICKING NEAR SCHOOLS.—
Section 419(b) of the Controlled Substances Act (21
U.S.C. 860(b)) is amended by inserting ‘‘, or under cir-
cumstances involving a violation of section 420(a),’’ before
‘‘is punishable’’.
SEC. 142. INCREASED PENALTIES FOR USING A MINOR IN
COMMISSION OF A FEDERAL OFFENSE.
(a) IN GENERAL.—Chapter 1 of title 18, United
States Code, is amended by adding at the end the
following:
‘‘§ 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.’’.
SEC. 143. 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
‘‘(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. 144. STATE COURT PROGRAMS REGARDING INTER-
NATIONAL PARENTAL CHILD ABDUCTION.
There is authorized to be appropriated $250,000 to
carry out under the State Justice Institute Act of 1984
(42 U.S.C. 10701–10713) national, regional, and in-State
training and educational programs dealing with criminal
and civil aspects of interstate and international parental
child abduction.
Subtitle D—Punishment of Serious
Juvenile Offenders
SEC. 151. SERIOUS JUVENILE DRUG OFFENSES AS ARMED
CAREER CRIMINAL ACT PREDICATES.
Section 924(e)(2)(A) of title 18, United States Code,
is amended—
(1) by striking ‘‘or’’ at the end of clause (i);
(2) by adding ‘‘or’’ at the end of clause (ii); and
(3) by adding at the end the following:
‘‘(iii) any act of juvenile delinquency
that if committed by an adult would be a
serious drug offense described in this para-
graph;’’.
SEC. 152. ADULT PROSECUTION OF SERIOUS JUVENILE OF-
FENDERS.
Section 5032 of title 18, United States Code, is
amended—
(1) in the first undesignated paragraph—
(A) by striking ‘‘an offense described in
section 401 of the Controlled Substances Act
(21 U.S.C 841), or section 1002(a), 1003,
1005, 1009, or 1010(b)(1), (2), or (3) of the
Controlled Substances Import and Export Act
(21 U.S.C. 952(a), 953, 955, 959, 960(b)(1),
(2), (3)),’’ and inserting ‘‘an offense (or a con-
spiracy or attempt to commit an offense) de-
scribed in section 401, or 404 (insofar as the
violation involves more than 5 grams of a mix-
ture or substance which contains cocaine base),
of the Controlled Substances Act (21 U.S.C.
841, 844, or 846), section 1002(a), 1003, 1005,
1009, 1010(b)(1), (2), or (3), of the Controlled
Substances Import and Export Act (21 U.S.C.
952(a), 953, 955, 959, 960(b)(1), (2), or (3),
or 963),’’; and
(B) by striking ‘‘922(p)’’ and inserting
‘‘924(b), (g), or (h)’’;
(2) in the fourth undesignated paragraph—
(A) by striking ‘‘an offense described in
section 401 of the Controlled Substances Act
(21 U.S.C. 841), or section 1002(a), 1005, or
1009 of the Controlled Substances Import and
Export Act (21 U.S.C. 952(a), 955, 959)’’ and
inserting ‘‘an offense (or a conspiracy or at-
tempt to commit an offense) described in sec-
tion 401, or 404 (insofar as the violation in-
volves more than 5 grams of a mixture or sub-
stance which contains cocaine base), of the Con-
trolled Substances Act (21 U.S.C. 841, 844, or
846), section 1002(a), 1005, 1009, 1010(b)(1),
(2), or (3), of the Controlled Substances Import
and Export Act (21 U.S.C. 952(a), 955, 959,
960(b)(1), (2), or (3), or 963), or section
924(b), (g), or (h) of this title,’’; and
(B) by striking ‘‘subsection (b)(1)(A), (B),
or (C), (d), or (e) of section 401 of the Con-
trolled Substances Act, or section 1002(a),
1003, 1009, or 1010(b)(1), (2), or (3) of the
Controlled Substances Import and Export Act
(21 U.S.C. 952(a), 953, 959, 960(b)(1), (2),
(3))’’ and inserting ‘‘or an offense (or conspir-
acy or attempt to commit an offense) described
in section 401(b)(1)(A), (B), or (C), (d), or (e),
or 404 (insofar as the violation involves more
than 5 grams of a mixture or substance which
contains cocaine base), of the Controlled Sub-
stances Act (21 U.S.C. 841(b)(1)(A), (B), or
(C), (d), or (e), 844, or 846) or section
1002(a), 1003, 1009, 1010(b)(1), (2), or (3) of
the Controlled Substances Import and Export
Act (21 U.S.C. 952(a), 953, 959, 960(b)(1),
(2), or (3), or 963)’’; and
(3) in the fifth undesignated paragraph by add-
ing at the end the following: ‘‘In considering the na-
ture of the offense, as required by this paragraph,
the court shall consider the extent to which the juve-
nile played a leadership role in an organization, or
otherwise influenced other persons to take part in
criminal activities, involving the use or distribution
of controlled substances or firearms. Such a factor,
if found to exist, shall weigh heavily in favor of a
transfer to adult status, but the absence of this fac-
tor shall not preclude such a transfer.’’.
SEC. 
153. 
AMENDMENTS 
CONCERNING 
RECORDS 
OF
CRIMES COMMITTED BY JUVENILES.
(a) IN GENERAL.—Section 5038 of title 18, United
States Code, is amended by striking subsections (d) and
(f), redesignating subsection (e) as subsection (d), and by
adding at the end new subsections (e) and (f) as follows:
‘‘(e) Whenever a juvenile has been found guilty of
committing an act which if committed by an adult would
be an offense described in clause (3) of the first paragraph
of section 5032 of this title, the juvenile shall be
fingerprinted and photographed, and the fingerprints and
photograph shall be sent to the Federal Bureau of Inves-
tigation, Identification Division. The court shall also
transmit to the Federal Bureau of Investigation, Identi-
fication Division, the information concerning the adjudica-
tion, including name, date of adjudication, court, offenses,
and sentence, along with the notation that the matter was
a juvenile adjudication. The fingerprints, photograph, and
other records and information relating to a juvenile de-
scribed in this subsection, or to a juvenile who is pros-
ecuted as an adult, shall be made available in the manner
applicable to adult defendants.
‘‘(f) In addition to any other authorization under this
section for the reporting, retention, disclosure, or avail-
ability of records or information, if the law of the State
in which a Federal juvenile delinquency proceeding takes
place permits or requires the reporting, retention, disclo-
sure, or availability of records or information relating to
a juvenile or to a juvenile delinquency proceeding or adju-
dication in certain circumstances, then such reporting, re-
tention, disclosure, or availability is permitted under this
section whenever the same circumstances exist.’’.
(b) REPEAL.—Section 3607 of title 18, United States
Code, is repealed, and the corresponding item in the chap-
ter analysis for chapter 229 of title 18 is deleted.
(c) CONFORMING AMENDMENT.—Section 401(b)(4)
of the Controlled Substances Act (21 U.S.C. 841(b)(4))
is amended by striking ‘‘and section 3607 of title 18’’.
TITLE II—EQUAL PROTECTION
FOR VICTIMS
Subtitle A—Victims’ Rights
SEC. 201. RIGHT OF THE VICTIM TO FAIR TREATMENT IN
LEGAL PROCEEDINGS.
The following rules, to be known as the Rules of Pro-
fessional Conduct for Lawyers in Federal Practice, are
enacted:
‘‘RULES OF PROFESSIONAL CONDUCT FOR
LAWYERS IN FEDERAL PRACTICE
‘‘Rule 1. Scope
‘‘Rule 2. Abuse of Victims and Others Prohibited
‘‘Rule 3. Duty of Enquiry in Relation to Client
‘‘Rule 4. Duty to Expedite Litigation
‘‘Rule 5. Duty to Prevent Commission of Crime
‘‘Rule 1. Scope
‘‘(a) These rules apply to the conduct of lawyers in
their representation of clients in relation to proceedings
and potential proceedings before Federal tribunals.
‘‘(b) For purposes of these rules, ‘Federal tribunal’
and ‘tribunal’ mean a court of the United States.
‘‘Rule 2. Abuse of Victims and Others Prohibited
‘‘(a) A lawyer shall not engage in any action or course
of conduct for the purpose of increasing the expense of
(4) in the penultimate sentence of subdivision
(a)(1) by striking ‘‘equivalent opportunity’’ and in-
serting ‘‘opportunity equivalent to that of the de-
fendant’s counsel’’;
(5) in the last sentence of subdivision (a)(1) by
inserting ‘‘the victim,’’ before ‘‘, or the attorney for
the Government.’’; and
(6) by adding at the end the following new
subdivision:
‘‘(f) DEFINITIONS.—For purposes of this rule—
‘‘(1) ‘crime of violence or sexual abuse’ means
a crime that involved the use or attempted or threat-
ened use of physical force against the person or
property of another, or a crime under chapter 109A
of title 18, United States Code; and
‘‘(2) ‘victim’ means an individual against whom
an offense for which a sentence is to be imposed has
been committed, but the right of allocution under
subdivision (a)(1)(D) may be exercised instead by—
‘‘(A) a parent or legal guardian if the vic-
tim is below the age of 18 years or incompetent;
or
‘‘(B) one or more family members or rel-
atives designated by the court if the victim is
deceased or incapacitated,
if such person or persons are present at the sentenc-
ing hearing, regardless of whether the victim is
present.’’.
SEC. 
204. 
ENFORCEMENT 
OF 
RESTITUTION 
ORDERS
THROUGH SUSPENSION OF FEDERAL BENE-
FITS.
Section 3663 of title 18, United States Code, is
amended—
(1) by redesignating subsections (g) and (h) as
subsections (h) and (i), respectively; and
(2) by inserting after subsection (f) the follow-
ing new subsection:
‘‘(g)(1) If the defendant is delinquent in making res-
titution in accordance with any schedule of payments or
any requirement of immediate payment imposed under
this section, the court may, after a hearing, suspend the
defendant’s eligibility for all Federal benefits until such
time as the defendant demonstrates to the court good-
faith efforts to return to such schedule.
‘‘(2) For purposes of this subsection—
‘‘(A) the term ‘Federal benefits’—
‘‘(i) means any grant, contract, loan, pro-
fessional license, or commercial license provided
by an agency of the United States or appro-
priated funds of the United States; and
‘‘(ii) does not include any retirement, wel-
fare, Social Security, health, disability, veterans
benefit, public housing, or other similar benefit,
or any other benefit for which payments or
services are required for eligibility; and
‘‘(B) the term ‘veterans benefit’ means all bene-
fits provided to veterans, their families, or survivors
by virtue of the service of a veteran in the Armed
Forces of the United States.’’.
SEC. 205. PROHIBITION OF RETALIATORY KILLINGS OF
WITNESSES, VICTIMS AND INFORMANTS.
Section 1513 of title 18, United States Code, is
amended—
(1) by redesignating subsections (a) and (b) as
subsections (b) and (c), respectively; and
(2) by inserting a new subsection (a) as follows:
‘‘(a)(1) Whoever kills or attempts to kill another per-
son with intent to retaliate against any person for—
‘‘(A) the attendance of a witness or party at an
official proceeding, or any testimony given or any
record, document, or other object produced by a wit-
ness in an official proceeding; or
‘‘(B) any information relating to the commis-
sion or possible commission of a Federal offense or
a violation of conditions of probation, parole or re-
lease pending judicial proceedings given by a person
to a law enforcement officer;
shall be punished as provided in paragraph (2).
‘‘(2) The punishment for an offense under this sub-
section is—
‘‘(A) in the case of a killing, the punishment
provided in sections 1111 and 1112 of this title; and
‘‘(B) in the case of an attempt, imprisonment
for not more than twenty years.’’.
Subtitle B—Admissibility of
Evidence
SEC. 
211. 
ADMISSIBILITY 
OF 
EVIDENCE 
OF 
SIMILAR
CRIMES IN SEX OFFENSE CASES.
The Federal Rules of Evidence are amended by add-
ing after Rule 412 the following new rules:
‘‘Rule 413. Evidence of Similar Crimes in Sexual Assault Cases
‘‘(a) EVIDENCE ADMISSIBLE.—In a criminal case in
which the defendant is accused of an offense of sexual as-
sault, evidence of the defendant’s commission of another
offense or offenses of sexual assault is admissible, and
may be considered for its bearing on any matter to which
it is relevant.
‘‘(b) DISCLOSURE TO DEFENDANT.—In a case in
which the government intends to offer evidence under this
Rule, the attorney for the government shall disclose the
evidence to the defendant, including statements of wit-
nesses or a summary of the substance of any testimony
that is expected to be offered, at least 15 days before the
scheduled date of trial or at such later time as the court
may allow for good cause.
‘‘(c) EFFECT ON OTHER RULES.—This Rule shall
not be construed to limit the admission or consideration
of evidence under any other Rule.
‘‘(d) DEFINITION.—For purposes of this Rule and
Rule 415, ‘offense of sexual assault’ means a crime under
Federal law or the law of a State (as defined in section
513 of title 18, United States Code) that involved—
‘‘(1) any conduct proscribed by chapter 109A of
title 18, United States Code;
‘‘(2) contact, without consent, between any part
of the defendant’s body or an object and the genitals
or anus of another person;
‘‘(3) contact, without consent, between the geni-
tals or anus of the defendant and any part of an-
other person’s body;
‘‘(4) deriving sexual pleasure or gratification
from the infliction of death, bodily injury, or phys-
ical pain on another person; or
‘‘(5) an attempt or conspiracy to engage in con-
duct described in any of paragraphs (1) through (4).
‘‘Rule 414. Evidence of Similar Crimes in Child Molestation
Cases
‘‘(a) EVIDENCE ADMISSIBLE.—In a criminal case in
which the defendant is accused of an offense of child mo-
lestation, evidence of the defendant’s commission of an-
other offense or offenses of child molestation is admissible,
and may be considered for its bearing on any matter to
which it is relevant.
‘‘(b) DISCLOSURE TO DEFENDANT.—In a case in
which the government intends to offer evidence under this
Rule, the attorney for the government shall disclose the
evidence to the defendant, including statements of wit-
nesses or a summary of the substance of any testimony
that is expected to be offered, at least 15 days before the
scheduled date of trial or at such later time as the court
may allow for good cause.
‘‘(c) EFFECT ON OTHER RULES.—This Rule shall
not be construed to limit the admission or consideration
of evidence under any other Rule.
‘‘(d) DEFINITION.—For purposes of this Rule and
Rule 415, ‘child’ means a person below the age of 14
years, and ‘offense of child molestation’ means a crime
under Federal law or the law of a State (as defined in
section 513 of title 18, United States Code) that in-
volved—
‘‘(1) any conduct proscribed by chapter 109A of
title 18, United States Code, that was committed in
relation to a child;
‘‘(2) any conduct proscribed by chapter 110 of
title 18, United States Code;
‘‘(3) contact between any part of the defend-
ant’s body or an object and the genitals or anus of
a child;
‘‘(4) contact between the genitals or anus of the
defendant and any part of the body of a child;
‘‘(5) deriving sexual pleasure or gratification
from the infliction of death, bodily injury, or phys-
ical pain on a child; or
‘‘(6) an attempt or conspiracy to engage in con-
duct described in any of paragraphs (1) through (5).
‘‘Rule 415. Evidence of Similar Acts in Civil Cases Concerning
Sexual Assault or Child Molestation
‘‘(a) EVIDENCE ADMISSIBLE.—In a civil case in
which a claim for damages or other relief is predicated
on a party’s alleged commission of conduct constituting
an offense of sexual assault or child molestation, evidence
of that party’s commission of another offense or offenses
of sexual assault or child molestation is admissible and
may be considered as provided in Rule 413 and Rule 414
of these Rules.
‘‘(b) DISCLOSURE TO OTHER PARTIES.—A party who
intends to offer evidence under this Rule shall disclose the
evidence to the party against whom it will be offered, in-
cluding statements of witnesses or a summary of the sub-
stance of any testimony that is expected to be offered, at
least 15 days before the scheduled date of trial or at such
later time as the court may allow for good cause.
‘‘(c) EFFECT ON OTHER RULES.—This Rule shall
not be construed to limit the admission or consideration
of evidence under any other Rule.’’.
SEC. 212. EXTENSION AND STRENGTHENING OF RAPE VIC-
TIM SHIELD LAW.
(a) AMENDMENTS TO RAPE VICTIM SHIELD LAW.—
Rule 412 of the Federal Rules of Evidence is amended—
(1) in subdivisions (a) and (b), by striking
‘‘criminal case’’ and inserting ‘‘criminal or civil
case’’;
(2) in subdivisions (a) and (b), by striking ‘‘an
offense under chapter 109A of title 18, United
States Code,’’ and inserting ‘‘an offense or civil
wrong involving conduct proscribed by chapter 109A
of title 18, United States Code, whether or not the
conduct occurred in the special maritime and terri-
torial jurisdiction of the United States or in a Fed-
eral prison,’’;
(3) in subdivision (a), by striking ‘‘victim of
such offense’’ and inserting ‘‘victim of such con-
duct’’;
(4) in subdivision (c)—
(A) by striking in paragraph (1) ‘‘the per-
son accused of committing an offense under
chapter 109A of title 18, United States Code’’
and inserting ‘‘the accused’’; and
(B) by inserting at the end of paragraph
(3) the following: ‘‘An order admitting evidence
under this paragraph shall explain the reason-
ing leading to the finding of relevance, and the
basis of the finding that the probative value of
the evidence outweighs the danger of unfair
prejudice notwithstanding the potential of the
evidence to humiliate and embarrass the alleged
victim and to result in unfair or biased infer-
ences.’’; and
(5) in subdivision (d), by striking ‘‘an offense
under chapter 109A of title 18, United States Code’’
and inserting ‘‘the conduct proscribed by chapter
109A of title 18, United States Code,’’.
(b) INTERLOCUTORY APPEAL.—Section 3731 of title
18, United States Code, is amended by inserting after the
second paragraph the following:
‘‘An appeal by the United States before trial shall
lie to a court of appeals from an order of a district court
admitting evidence of an alleged victim’s past sexual be-
havior in a criminal case in which the defendant is charged
with an offense involving conduct proscribed by chapter
109A of this title, whether or not the conduct occurred
in the special maritime and territorial jurisdiction of the
United States or in a Federal prison.’’.
SEC. 213. INADMISSIBILITY OF EVIDENCE TO SHOW PROVO-
CATION OR INVITATION BY VICTIM IN SEX
OFFENSE CASES.
The Federal Rules of Evidence are amended by add-
ing after Rule 415 (as added by section 421 of this Act)
the following:
‘‘Rule 416. Inadmissibility of evidence to show invita-
tion or provocation by victim in sexual
abuse cases
‘‘In a criminal case in which a person is accused of
an offense involving conduct proscribed by chapter 109A
of title 18, United States Code, whether or not the conduct
occurred in the special maritime and territorial jurisdic-
tion of the United States or in a Federal prison, evidence
is not admissible to show that the alleged victim invited
or provoked the commission of the offense. This Rule does
not limit the admission of evidence of consent by the al-
leged victim if the issue of consent is relevant to liability
and the evidence is otherwise admissible under these
Rules.’’.
SEC. 214. ADMISSIBILITY OF CERTAIN EVIDENCE.
(a) IN GENERAL.—Chapter 223 of title 18, United
States Code, is amended by adding at the end the follow-
ing:
‘‘§ 3510. Admissibility of evidence obtained by search
or seizure
‘‘(a) EVIDENCE OBTAINED BY OBJECTIVELY REA-
SONABLE SEARCH OR SEIZURE.—Evidence which is ob-
tained as a result of a search or seizure shall not be ex-
cluded in a proceeding in a court of the United States
on the ground that the search or seizure was in violation
of the fourth amendment to the Constitution of the United
States, if the search or seizure was carried out in cir-
cumstances justifying an objectively reasonable belief that
it was in conformity with the fourth amendment. The fact
that evidence was obtained pursuant to and within the
scope of a warrant constitutes prima facie evidence of the
existence of such circumstances.
‘‘(b) EVIDENCE NOT EXCLUDABLE BY STATUTE OR
RULE.—Evidence shall not be excluded in a proceeding
in a court of the United States on the ground that it was
obtained in violation of a statute, an administrative rule
or regulation, or a rule of procedure unless exclusion is
expressly authorized by statute or by a rule prescribed by
the Supreme Court pursuant to statutory authority.
‘‘(c) RULE OF CONSTRUCTION.—This section shall
not be construed to require or authorize the exclusion of
evidence in any proceeding.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 223 of title 18, United States
Code, is amended by adding at the end the following:
‘‘3510. Admissibility of evidence obtained by search or seizure.’’.
Subtitle C—Protecting the
Integrity of the Judicial Process
SEC. 221. GENERAL SAFEGUARDS AGAINST RACIAL PREJU-
DICE OR BIAS IN THE TRIBUNAL.
In a criminal trial in a court of the United States,
or of any State—
(1) on motion of the defense attorney or pros-
ecutor, the risk of racial prejudice or bias shall be
examined on voir dire if there is a substantial likeli-
hood in the circumstances of the case that such prej-
udice or bias will affect the jury either against or in
favor of the defendant;
(2) on motion of the defense attorney or pros-
ecutor, a change of venue shall be granted if an im-
partial jury cannot be obtained in the original venue
because of racial prejudice or bias; and
(3) neither the prosecutor nor the defense at-
torney shall make any appeal to racial prejudice or
bias in statements before the jury.
SEC. 222. PROTECTION OF JURORS AND WITNESSES IN
CAPITAL CASES.
Section 3432 of title 18, United States Code, is
amended by inserting before the period the following: ‘‘,
except that such list of the veniremen and witnesses need
not be furnished if the court finds by a preponderance of
the evidence that providing the list may jeopardize the life
or safety of any person’’.
SEC. 223. PROTECTION OF COURT OFFICERS AND JURORS.
Section 1503 of title 18, United States Code, is
amended—
(1) by designating the current text as sub-
section (a);
(2) by striking ‘‘fined not more than $5,000 or
imprisoned not more than five years, or both.’’ and
inserting ‘‘punished as provided in subsection (b).’’;
(3) by adding at the end the following:
‘‘(b) The punishment for an offense under this sec-
tion is—
‘‘(1) in the case of a killing, the punishment
provided in sections 1111 and 1112 of this title;
‘‘(2) in the case of an attempted killing, or a
case in which the offense was committed against a
petit juror and in which a class A or B felony was
charged, imprisonment for not more than twenty
years; and
‘‘(3) in any other case, imprisonment for not
more than ten years.’’; and
(4) in subsection (a), as designated by this sec-
tion, by striking ‘‘commissioner’’ each place it ap-
pears and inserting ‘‘magistrate judge’’.
SEC. 224. DEATH PENALTY FOR MURDER OF FEDERAL WIT-
NESSES.
Section 1512(a)(2)(A) of title 18, United States
Code, is amended to read as follows:
‘‘(A) in the case of murder as defined in section
1111 of this title, the death penalty or imprisonment
for life, and in the case of any other killing, the pun-
ishment provided in section 1112 of this title;’’.
TITLE III—PROTECTION OF
WOMEN
Subtitle A—Spouse Abuse and
Stalking
SEC. 301. INTERSTATE TRAVEL TO COMMIT SPOUSE ABUSE
OR TO VIOLATE PROTECTIVE ORDER; INTER-
STATE STALKING.
(a) OFFENSE.—Part 1 of title 18, United States
Code, is amended by inserting after chapter 110 the
following:
‘‘CHAPTER 110A—DOMESTIC VIOLENCE AND
OFFENSES AGAINST THE FAMILY
‘‘Sec.
‘‘2261. Domestic violence and stalking.
‘‘§ 2261. Domestic violence and stalking
‘‘(a) OFFENSE.—Whoever, in a circumstance de-
scribed in subsection (c), causes or attempts to cause bod-
ily injury to, engages in sexual abuse against, or violates
a protective order in relation to, another shall be pun-
ished—
‘‘(1) if death results, by death or by imprison-
ment for any term of years or for life;
‘‘(2) if permanent disfigurement or life-threat-
ening bodily injury results, by imprisonment for not
more than 20 years;
‘‘(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
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—
‘‘(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. 302. 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:
‘‘§ 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—Victims of Sexual
Violence
SEC. 311. 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
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. 312. 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);
(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. 313. 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
(3) by adding after subparagraph (B) the
following:
‘‘(C) any felony under chapter 109A, chapter
110, or section 2261 of this title.’’.
Subtitle C—Punishment of Sex
Offenders
SEC. 321. 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.’’.
SEC. 322. 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.’’.
SEC. 323. SENTENCING GUIDELINES INCREASE FOR SEX
OFFENSES.
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. 324. 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:
‘‘§ 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
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.’’.
(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 IV—PREVENTION OF
TERRORISM
Subtitle A—Enhanced Controls on
Entry into the United States
SEC. 401. EXCLUSION BASED ON MEMBERSHIP IN TER-
RORIST ORGANIZATION OF ADVOCACY OF
TERRORISM.
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-
mits terrorist activity as determined by the At-
torney General, in consultation with the Sec-
retary of State.’’.
SEC. 402. 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
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
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
eligibility 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. 403. 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.—
‘‘(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
trained to conduct interviews and make determina-
tions bearing on eligibility for asylum, to be exclud-
able and ineligible for the exception under section
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. 404. 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
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-
cial exclusion, or deportation entered under sections 235,
236, and 242.’’.
SEC. 405. 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. 406. 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. 411. 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—
‘‘(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
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
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.
‘‘(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.
100
‘‘(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.
101
‘‘(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. 421. 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-
102
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. 422. 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. 423. 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:
103
‘‘§ 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 for:
‘‘3285. Criminal contempt.’’
the following:
‘‘3286. Extension of statute of limitations for certain terrorism offenses.’’.
104
SEC. 424. 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. 425. 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:
105
‘‘§ 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.’’.
106
(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. 426. 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. 427. 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:
107
‘‘§ 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;
108
‘‘(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;
109
‘‘(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
110
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
111
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;
112
‘‘(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—
113
‘‘(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;
114
‘‘(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
115
(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. 428. 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
116
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.’’.
117
SEC. 
429. 
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;
118
(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.
119
SEC. 430. 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:
‘‘(i) 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.’’.
120
TITLE V—CRIMINAL ALIENS AND
ALIEN SMUGGLING
Subtitle A—Deportation of
Criminal Aliens
SEC. 501. 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
121
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
custody of the Service for execution of an order of
deportation.’’.
(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.’’.
122
SEC. 502. 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. 503. 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) 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;
123
‘‘(D) any offense described in sections
1951 through 1963 of title 18, Untied States
Code;
‘‘(E) any offense described in—
‘‘(i) subsections (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), or section 922(j),
section 922(n), section 922(o), section
922(p), section 922(r), section 924(b), or
section 924(h) of title 18, United States
Code (relating to firearms offenses), or
‘‘(iii) section 5861 of title 26, United
States Code (relating to firearms 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;
‘‘(G) any theft offense (including receipt of
stolen property) or any burglary offense, where
124
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,
‘‘(ii) 
described 
in 
section 
2421
through 2424 of title 18, United States
Code, for commercial advantage, or
125
‘‘(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
‘‘(ii) described in section 7201 of title
26, United States Code (relating to tax
126
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.’’.
(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.
127
SEC. 
504. 
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
‘‘(B) had permanent resident status on a
conditional basis (as described in section 216)
at the time that proceedings under this section
commenced.
128
‘‘(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)’’;
(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:
129
‘‘(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’’;
(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)’’;
130
(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.
SEC. 505. 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:
131
‘‘(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
prior to the date set for sentencing a charge
containing factual allegations regarding the
alienage of the defendant and satisfaction by
132
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).
‘‘(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.
133
‘‘(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
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
134
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.
SEC. 506. 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.
135
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).
SEC. 507. 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
136
(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 ‘depor-
tation’ shall include any agreement where an alien stipu-
lates 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
137
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. 508. 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
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
138
legally enforceable by any party against the United States,
its agencies, its officers or any other person.
SEC. 
509. 
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
SECTION 511. 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
3,000 full-time equivalent agent positions beyond the
number of such positions at the Border Patrol on July
1, 1993.
SEC. 512. 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
139
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. 513. INCLUDING ALIEN SMUGGLING AS A RACKETEER-
ING ACTIVITY FOR PURPOSES OF RACK-
ETEERING INFLUENCED AND CORRUPT OR-
GANIZATIONS 
(RICO) 
ENFORCEMENT 
AU-
THORITY.
Section 1961(1) of title 18, United States Code, is
amended—
(1) by striking ‘‘or’’ before ‘‘(E) any act’’, and
(2) by inserting before the period at the end the
following: ‘‘, or (F) any act which is indictable under
section 274(a)(1) of the Immigration and National-
ity Act (relating to alien smuggling)’’.
SEC. 514. ENHANCED PENALTIES FOR EMPLOYERS WHO
KNOWINGLY EMPLOY SMUGGLED ALIENS.
(a) 
ADDITIONAL
CRIMINAL
PENALTY.—Section
274(a)(1) (8 U.S.C. 1324(a)(1)) is amended—
(1) by striking ‘‘or’’ at the end of subparagraph
(C),
(2) by striking the comma at the end of sub-
paragraph (D) and inserting ‘‘; or’’,
140
(3) by inserting after subparagraph (D) the fol-
lowing:
‘‘(E) contracts or agrees with another party for
that party to provide, for employment by the person
or another, an alien who is not authorized to be em-
ployed in the United States, knowing that such
party intends to cause such alien to be brought into
the United States in violation of the laws of the
United States,’’, and
(4) by striking ‘‘five years’’ and inserting ‘‘ten
years’’.
(b) TREATMENT OF SMUGGLING AS AN AGGRAVATED
FELONY.—The first sentence of section 101(a)(43) (8
U.S.C. 1101(a)(43)) is amended by inserting ‘‘or any of-
fense under section 274(a)’’ before ‘‘for which the term
of imprisonment’’.
SEC. 515. 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’’.
SEC. 516. EXPANDED FORFEITURE FOR SMUGGLING OR
HARBORING ILLEGAL ALIENS.
Subsection 274(b) of the Immigration and National-
ity Act (8 U.S.C. 1324(b)) is amended—
141
(1) by amending paragraph (1) to read as fol-
lows:
‘‘(b) SEIZURE AND FORFEITURE.—(1) Any property,
real or personal, which facilitates or is intended to facili-
tate, or which has been used in or is intended to be used
in the commission of a violation of subsection (a) or of
sections 274A(a)(1) or 274A(a)(2), or which constitutes
or is derived from or traceable to the proceeds obtained
directly or indirectly from a commission of a violation of
subsection (a), shall be subject to seizure and forfeiture,
except that—
‘‘(A) no property, used by any person as a com-
mon carrier in the transaction of business as a com-
mon carrier shall be forfeited under the provisions of
this section unless it shall appear that the owner or
other person in charge of such property was a con-
senting party or privy to the illegal act;
‘‘(B) no property shall be forfeited under the
provisions of this section by reason of any act or
omission established by the owner thereof to have
been committed or omitted by any person other than
such owner while such property was unlawfully in
the possession of a person other than the owner in
violation of the criminal laws of the United States
or of any State; and
142
‘‘(C) no property shall be forfeited under this
paragraph to the extent of an interest of any owner,
by reason of any act or omission established by that
owner to have been committed or omitted without
the knowledge or consent of the owner, unless such
action or omission was committed by an employee or
agent of the owner, and facilitated or was intended
to facilitate, or was used in or intended to be used
in, the commission of a violation of subsection (a) or
of section 274A(a)(1) or 274A(a)(2) which was com-
mitted by the owner or which intended to further the
business interests of the owner, or to confer any
other benefit upon the owner.’’.
(2) in paragraph (2)—
(A) by striking ‘‘conveyance’’ both places it
appears and inserting in lieu thereof ‘‘prop-
erty’’; and
(B) by striking ‘‘is being used in’’ and in-
serting in lieu thereof ‘‘is being used in, is fa-
cilitating, has facilitated, or was intended to fa-
cilitate’’;
(3) in paragraphs (4) and (5) by striking ‘‘a
conveyance’’ and ‘‘conveyance’’ each place such
phrase or word appears and inserting in lieu thereof
‘‘property’’; and
143
(4) in paragraph (4) by—
(A) striking ‘‘or’’ at the end of subpara-
graph (C),
(B) by striking the period at the end of
subparagraph (D) and inserting ‘‘; or’’, and
(C) by inserting at the end the following
new subparagraph:
‘‘(E) transfer custody and ownership of
forfeited property to any Federal, State, or
local agency pursuant to the Tariff Act of
1930, as amended (19 U.S.C. 1616a(c)).’’.
TITLE VI—TAKING CRIMINALS
OFF THE STREET
Subtitle A—Expanding Prison
Capacity
SEC. 601. 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
(12) and inserting ‘‘, or’’, and by adding at the end thereof
the following new paragraph:
‘‘(13) correctional facilities.’’
144
(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. 602. 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
(B) a senior correctional officer of each
State wishing to participate, who is designated
145
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
50 percent) for construction costs and operating
costs of the regional prisons.
146
(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
crimes of violence and serious drug trafficking
offenses;
147
(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-
volving the use of a firearm or a crime of violence
involving a sexual assault; or
148
(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—
(A) has as an element the use, attempted
use, or threatened use of physical force against
the person of another;
149
(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-
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
150
(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.
151
SEC. 603. 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.
Subtitle B—Miscellaneous
SEC. 611. 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.
152
‘‘§ 3401. Limitations on remedies
‘‘(a)(1) If the district court, in any action challenging
the constitutionality of conditions of confinement in any
prison, jail, detention facility, or other correctional institu-
tion housing persons accused or convicted of a crime or
juveniles adjudicated delinquent, finds that one or more
conditions of confinement are in violation of the United
States Constitution, the court shall narrowly tailor any re-
lief to fit the nature and extent of the violations and shall
make the order no more intrusive than absolutely nec-
essary to ensure that the violations are remedied. The
court shall have no jurisdiction—
‘‘(A) to impose a ceiling on the population of
any institution or to require any adjustment of the
release dates of inmates; or
‘‘(B) to prohibit the use of tents or prefab-
ricated structures for housing inmates.
‘‘§ 3402. Consent decrees
‘‘(a) No consent decree in any action challenging the
constitutionality of conditions of confinement in any pris-
on, jail, detention facility, or other correctional institution
housing persons accused or convicted of a crime or juve-
niles adjudicated delinquent shall provide relief greater
than the minimum required to bring the conditions of con-
finement into substantial compliance with the United
States Constitution.
153
‘‘(b) In entering a consent decree, the court shall
make a written finding that the relief provided in the de-
cree is no greater than the minimum required to bring
the conditions of confinement into substantial compliance
with the United States Constitution. If it appears to the
court that the relief provided in the decree is greater than
the minimum required, the court may recommend changes
in the decree.
‘‘§ 3403. Modification of orders or decrees
‘‘(a)(1) Upon motion of a defendant at any time, the
court may conduct a hearing on whether an order or de-
cree described in section 3401 or 3402 of this title should
be modified in light of—
‘‘(A) changed factual circumstances affecting
the operation of the order or decree, whether or not
foreseeable;
‘‘(B) a change or clarification of the governing
law, whether or not foreseeable;
‘‘(C) a succession in office of an official respon-
sible for having consented to a decree;
‘‘(D) the government’s financial constraints or
any other matter affecting public safety or the pub-
lic interest; or
‘‘(E) any ground provided in Rule 60(b) of the
Federal Rules of Civil Procedure.
154
‘‘(2) The court shall conduct such a hearing if the
motion was filed more than one year after the date of the
order or decree or the date on which the last previous
modification hearing was conducted, whichever is later.
‘‘(b) If the court denies a motion to modify an order
or consent decree under subsection (a) of this section, the
court shall make a written finding that the relief provided
in the order or decree, as of the date of decision, is no
greater than the minimum required to bring the conditions
of confinement into substantial compliance with the
United States Constitution.’’.
(b) CLERICAL AMENDMENT.—The table of chapters
at the beginning of part VI of title 28, United States Code,
is amended by inserting after the item relating to chapter
176 the following:
‘‘177. Actions Challenging Conditions of Confinement ....... 3401’’.
TITLE VII—PUNISHMENT AND
DETERRENCE
Subtitle A—Capital Offenses
SEC. 701. PROCEDURES FOR ENFORCING DEATH PENALTY.
Title 18 of the United States Code is Amended—
(1) by adding the following new chapter after
chapter 227:
‘‘CHAPTER 228—DEATH PENALTY
PROCEDURES
‘‘Sec.
155
‘‘3591. Sentence of death.
‘‘3592. Factors to be considered in determining whether a sentence of death is
justified.
‘‘3593. Special hearing to determine whether a sentence of death is justified.
‘‘3594. Imposition of a sentence of death.
‘‘3595. Review of a sentence of death.
‘‘3596. Implementation of a sentence of death.
‘‘3597. Use of State facilities.
‘‘3598. Appointment of counsel.
‘‘3599. Collateral attack on judgment imposing sentence of death.
‘‘3600. Application in Indian country.
‘‘§ 3591. Sentence of death
‘‘A defendant who has been found guilty of—
‘‘(1) an offense described in section 794 or sec-
tion 2381 of this title;
‘‘(2) an offense described in section 1751(c) of
this title if the offense, as determined beyond a rea-
sonable doubt at a hearing under section 3593, con-
stitutes an attempt to murder the President of the
United States and results in bodily injury to the
President or comes dangerously close to causing the
death of the President;
‘‘(3) an offense referred to in section 408(c)(1)
of the Controlled Substances Act (21 U.S.C.
848(c)(1)), committed as part of a continuing crimi-
nal enterprise offense under the conditions described
in subsection (b) of that section which involved not
less than twice the quantity of controlled substance
described in subsection (b)(2)(A) or twice the gross
receipts described in subsection (b)(2)(B);
156
‘‘(4) an offense referred to in section 408(c)(1)
of the Controlled Substances Act (21 U.S.C.
848(c)(1)), committed as part of a continuing crimi-
nal enterprise offense under that section, where the
defendant is a principal administrator, organizer, or
leader of such an enterprise, and the defendant, in
order to obstruct the investigation or prosecution of
the enterprise or an offense involved in the enter-
prise, attempts to kill or knowingly directs, advises,
authorizes, or assists another to attempt to kill any
public officer, juror, witness, or members of the fam-
ily or household of such a person;
‘‘(5) an offense constituting a felony violation of
the Controlled Substances Act (21 U.S.C. 801 et
seq.) or the Controlled Substances Import and Ex-
port Act (21 U.S.C. 951 et seq.), or the Maritime
Drug Law Enforcement Act (46 U.S.C. App. 1901
et seq.), where the defendant, intending to cause
death or acting with reckless disregard for human
life, engages in such a violation, and the death of
another person results in the course of the violation
or from the use of the controlled substance involved
in the violation; or
‘‘(6) any other offense for which a sentence of
death is provided, if the defendant, as determined
157
beyond a reasonable doubt at a hearing under sec-
tion 3593, caused the death of a person inten-
tionally, knowingly, or through recklessness mani-
festing extreme indifference to human life, or caused
the death of a person through the intentional inflic-
tion of serious bodily injury;
shall be sentenced to death if, after consideration of the
factors set forth in section 3592 in the course of a hearing
held pursuant to section 3593, it is determined that impo-
sition of a sentence of death is justified. However, no per-
son may be sentenced to death who was less than eighteen
years of age at the time of the offense.
‘‘§ 3592. Factors to be considered in determining
whether to recommend a sentence of
death
‘‘(a) MITIGATING FACTORS.—In determining wheth-
er to recommend a sentence of death, the jury, or if there
is no jury, the court, shall consider whether any aspect
of the defendant’s character, background, or record, or
any circumstance of the offense that the defendant may
proffer as a mitigating factor exists, including the follow-
ing:
‘‘(1) MENTAL
CAPACITY.—The defendant’s
mental capacity to appreciate the wrongfulness of
158
his conduct or to conform his conduct to the require-
ments of law was significantly impaired.
‘‘(2) DURESS.—The defendant was under un-
usual and substantial duress.
‘‘(3) PARTICIPATION IN OFFENSE MINOR.—The
defendant’s participation in the offense, which was
committed by another, was relatively minor.
‘‘(4) NO
SIGNIFICANT
CRIMINAL
HISTORY.—
The defendant did not have a significant history of
other criminal conduct.
‘‘(5) DISTURBANCE.—The defendant committed
the offense under severe mental or emotional dis-
turbance.
‘‘(6) VICTIM’S CONSENT.—The victim consented
to the criminal conduct that resulted in the victim’s
death.
‘‘(b) AGGRAVATING FACTORS FOR ESPIONAGE AND
TREASON.—In determining whether to recommend a sen-
tence of death for an offense described in section 3591(1),
the jury, or if there is no jury, the court, shall consider
any aggravating factor for which notice has been provided
under section 3593 of this title, including the following
factors:
‘‘(1) PREVIOUS ESPIONAGE OR TREASON CON-
VICTION.—The defendant has previously been con-
159
victed of another offense involving espionage or trea-
son for which a sentence of life imprisonment or
death was authorized by statute.
‘‘(2) RISK OF SUBSTANTIAL DANGER TO NA-
TIONAL SECURITY.—In the commission of the of-
fense the defendant knowingly created a grave risk
to the national security.
‘‘(3) RISK
OF
DEATH
TO
ANOTHER.—In the
commission of the offense the defendant knowingly
created a grave risk of death to another person.
‘‘(c) AGGRAVATING FACTORS FOR HOMICIDE AND
FOR ATTEMPTED MURDER OF THE PRESIDENT.—In de-
termining whether to recommend a sentence of death for
an offense described in paragraph (2) or (6) of section
3591 of this title, the jury, or if there is no jury, the court,
shall consider any aggravating factor for which notice has
been provided under section 3593 of this title, including
the following factors:
‘‘(1) CONDUCT OCCURRED DURING COMMISSION
OF SPECIFIED CRIMES.—The conduct resulting in
death occurred during the commission or attempted
commission of, or during the immediate flight from
the commission of, an offense under section 32 (de-
struction of aircraft or aircraft facilities), section 33
(destruction of motor vehicles or motor vehicle facili-
160
ties), section 36 (violence at international airports),
section 351 (violence against Members of Congress,
Cabinet officers, or Supreme Court Justices), section
751 (prisoners in custody of institution or officer),
section 794 (gathering or delivering defense informa-
tion to aid foreign government), section 844(d)
(transportation of explosives in interstate commerce
for certain purposes), section 844(f) (destruction of
Government property by explosives), section 844(i)
(destruction of property affecting interstate com-
merce by explosives), section 1116 (killing or at-
tempted killing of diplomats), section 1118 (pris-
oners serving life term), section 1201 (kidnapping),
section 1203 (hostage taking), section 1751 (violence
against the President or Presidential staff), section
1992 (wrecking trains), chapter 109A (sexual
abuse), chapter 110 (sexual abuse of children), sec-
tion 2261 (domestic violence and stalking) section
2280 (maritime violence), section 2281 (maritime
platform violence), section 2332 (terrorist acts
abroad against United States nationals), section
2339 (use of weapons of mass destruction), section
2381 (treason), or section 2423 (transportation of
minors for sexual activity) of this title, section 1826
of title 28 (persons in custody as recalcitrant wit-
161
nesses or hospitalized following insanity acquittal),
or section 902 (i) or (n) of the Federal Aviation Act
of 1958, as amended (49 U.S.C. App. 1472 (i) or
(n) (aircraft piracy)).
‘‘(2) INVOLVEMENT OF FIREARM OR PREVIOUS
CONVICTION OF VIOLENT FELONY INVOLVING FIRE-
ARM.—The defendant—
‘‘(A) during and in relation to the commis-
sion of the offense or in escaping or attempting
to escape apprehension used or possessed a fire-
arm as defined in section 921 of this title; or
‘‘(B) has previously been convicted of a
Federal or State offense punishable by a term
of imprisonment of more than one year, involv-
ing the use or attempted or threatened use of
a firearm, as defined in section 921 of this title,
against another person.
‘‘(3) PREVIOUS CONVICTION OF OFFENSE FOR
WHICH A SENTENCE OF DEATH OR LIFE IMPRISON-
MENT WAS AUTHORIZED.—The defendant has pre-
viously been convicted of another Federal or State
offense resulting in the death of a person, for which
a sentence of life imprisonment or death was author-
ized by statute.
162
‘‘(4) PREVIOUS CONVICTION OF OTHER SERI-
OUS OFFENSES.—The defendant has previously been
convicted of two or more Federal or State offenses,
each punishable by a term of imprisonment of more
than one year, committed on different occasions, in-
volving the importation, manufacture, or distribution
of a controlled substance (as defined in section 102
of the Controlled Substances Act (21 U.S.C. 802))
or the infliction of, or attempted infliction of, serious
bodily injury or death upon another person.
‘‘(5) GRAVE RISK OF DEATH TO ADDITIONAL
PERSONS.—The defendant, in the commission of the
offense or in escaping or attempting to escape ap-
prehension, knowingly created a grave risk of death
to one or more persons in addition to the victim of
the offense.
‘‘(6) HEINOUS, CRUEL OR DEPRAVED MANNER
OF COMMISSION.—The defendant committed the of-
fense in an especially heinous, cruel, or depraved
manner in that it involved torture or serious physical
abuse to the victim.
‘‘(7) PROCUREMENT
OF
OFFENSE
BY
PAY-
MENT.—The defendant procured the commission of
the offense by payment, or promise of payment, of
anything of pecuniary value.
163
‘‘(8) COMMISSION OF THE OFFENSE FOR PECU-
NIARY GAIN.—The defendant committed the offense
as consideration for the receipt, or in the expectation
of the receipt, of anything of pecuniary value.
‘‘(9) 
SUBSTANTIAL
PLANNING
AND
PREMEDITATION.—The defendant committed the of-
fense after substantial planning and premeditation.
‘‘(10) VULNERABILITY OF VICTIM.—The victim
was particularly vulnerable due to old age, youth, or
infirmity.
‘‘(11) TYPE OF VICTIM.—The defendant com-
mitted the offense against—
‘‘(A) the President of the United States,
the President-elect, the Vice President, the Vice
President-elect, the Vice President-designate,
or, if there was no Vice President, the officer
next in order of succession to the office of the
President of the United States, or any person
acting as President under the Constitution and
laws of the United States;
‘‘(B) a chief of state, head of government,
or the political equivalent, of a foreign nation;
‘‘(C) a foreign official listed in section
1116(b)(3)(A) of this title, if that official was
in the United States on official business; or
164
‘‘(D) a Federal public servant who was
outside of the United States or who was a Fed-
eral judge, a Federal law enforcement officer,
an employee (including a volunteer or contract
employee) of a Federal prison, or an official of
the Federal Bureau of Prisons—
‘‘(i) while such public servant was en-
gaged in the performance of his official du-
ties;
‘‘(ii) because of the performance of
such public servant’s official duties; or
‘‘(iii) because of such public servant’s
status as a public servant.
For purposes of this paragraph, the terms ‘Presi-
dent-elect’ and ‘Vice President-elect’ mean such per-
sons as are the apparent successful candidates for
the offices of President and Vice President, respec-
tively, as ascertained from the results of the general
elections held to determine the electors of President
and Vice President in accordance with title 3,
United States Code, sections 1 and 2; a ‘Federal law
enforcement officer’ is a public servant authorized
by law or by a Government agency or Congress to
conduct or engage in the prevention, investigation,
or prosecution of an offense; ‘Federal prison’ means
165
a Federal correctional, detention, or penal facility,
Federal community treatment center, or Federal
halfway house, or any such prison operated under
contract with the Federal Government; and ‘Federal
judge’ means any judicial officer of the United
States, and includes a justice of the Supreme Court
and a United States magistrate judge.
‘‘(12) PRIOR CONVICTION OF SEXUAL ASSAULT
OR CHILD MOLESTATION.—
‘‘(A) IN GENERAL.—In the case of an of-
fense under chapter 109A (sexual abuse) or
chapter 110 (sexual abuse of children), the de-
fendant has previously been convicted of a
crime of sexual assault or crime of child moles-
tation.
‘‘(B) DEFINITIONS.—As used in this para-
graph—
‘‘(i) the term ‘crime of sexual assault’
means a crime under Federal or State law
that involves—
‘‘(I) contact between any part of
the defendant’s body or an object and
the genitals or anus of another per-
son, without the consent of that per-
son;
166
‘‘(II) contact between the geni-
tals or anus of the defendant and any
part of the body of another person,
without the consent of that person;
‘‘(III) deriving sexual pleasure or
gratification from the infliction of
death, bodily injury, or physical pain
on another person; or
‘‘(IV) an attempt or conspiracy
to engage in any conduct described in
subclauses (I) through (III) of this
clause;
‘‘(ii) the term ‘crime of child molesta-
tion’ means a crime of sexual assault in
which a child was the victim of the assault,
and for the purposes of this clause, a child
shall be considered not to have consented
to any of the contact referred to in clause
(i); and
‘‘(iii) the term ‘child’ means a person
below the age of 14 years.’’.
‘‘(d) AGGRAVATING FACTORS FOR DRUG OFFENSE
DEATH
PENALTY.—In determining whether to rec-
ommend a sentence of death for an offense described in
paragraph (3), (4), or (5) of section 3591, the jury, or
167
if there is no jury, the court, shall consider any aggravat-
ing factor for which notice has been provided under section
3593 of this title, including the following factors:
‘‘(1) PREVIOUS CONVICTION OF OFFENSE FOR
WHICH A SENTENCE OF DEATH OR LIFE IMPRISON-
MENT WAS AUTHORIZED.—The defendant has pre-
viously been convicted of another Federal or State
offense resulting in the death of a person, for which
a sentence of life imprisonment or death was author-
ized by statute.
‘‘(2) PREVIOUS CONVICTION OF OTHER SERI-
OUS OFFENSES.—The defendant has previously been
convicted of two or more Federal or State offenses,
each punishable by a term of imprisonment of more
than one year, committed on different occasions, in-
volving the importation, manufacture, or distribution
of a controlled substance (as defined in section 102
of the Controlled Substances Act (21 U.S.C. 802))
or the infliction of, or attempted infliction of, serious
bodily injury or death upon another person.
‘‘(3) PREVIOUS SERIOUS DRUG FELONY CONVIC-
TION.—The defendant has previously been convicted
of another Federal or State offense involving the
manufacture, distribution, importation, or possession
of a controlled substance (as defined in section 102
168
of the Controlled Substances Act (21 U.S.C. 802))
for which a sentence of five or more years of impris-
onment was authorized by statute.
‘‘(4) USE OF FIREARM.—In committing the of-
fense, or in furtherance of a continuing criminal en-
terprise of which the offense was a part, the defend-
ant used a firearm or knowingly directed, advised,
authorized, or assisted another to use a firearm, as
defined in section 921 of this title, to threaten, in-
timidate, assault, or injure a person.
‘‘(5) DISTRIBUTION TO PERSONS UNDER TWEN-
TY-ONE.—The offense, or a continuing criminal en-
terprise of which the offense was a part, involved
conduct proscribed by section 418 of the Controlled
Substances Act which was committed directly by the
defendant or for which the defendant would be liable
under section 2 of this title.
‘‘(6) DISTRIBUTION NEAR SCHOOLS.—The of-
fense, or a continuing criminal enterprise of which
the offense was a part, involved conduct proscribed
by section 419 of the Controlled Substances Act
which was committed directly by the defendant or
for which the defendant would be liable under sec-
tion 2 of this title.
169
‘‘(7) USING MINORS IN TRAFFICKING.—The of-
fense or a continuing criminal enterprise of which
the offense was a part, involved conduct proscribed
by section 420 of the Controlled Substances Act
which was committed directly by the defendant or
for which the defendant would be liable under sec-
tion 2 of this title.
‘‘(8) LETHAL ADULTERANT.—The offense in-
volved the importation, manufacture, or distribution
of a controlled substance (as defined in section 102
of the Controlled Substances Act (21 U.S.C. 802)),
mixed with a potentially lethal adulterant, and the
defendant was aware of the presence of the
adulterant.
‘‘§ 3593. Special hearing to determine whether to rec-
ommend a sentence of death
‘‘(a) NOTICE BY THE GOVERNMENT.—Whenever the
Government intends to seek the death penalty for an of-
fense described in section 3591, the attorney for the Gov-
ernment shall file with the court and serve on the defend-
ant a notice of such intent. The notice shall be provided
a reasonable time before the trial or acceptance of a guilty
plea, or at such later time before trial as the court may
permit for good cause. If the court permits a late filing
of the notice upon a showing of good cause, the court shall
170
ensure that the defendant has adequate time to prepare
for trial. The notice shall set forth the aggravating factor
or factors the Government will seek to prove as the basis
for the death penalty. The factors for which notice is pro-
vided under this subsection may include factors concerning
the effect of the offense on the victim and the victim’s
family. The court may permit the attorney for the Govern-
ment to amend the notice upon a showing of good cause.
‘‘(b) HEARING BEFORE A COURT OR JURY.—When
the attorney for the Government has filed a notice as re-
quired under subsection (a) and the defendant is found
guilty of an offense described in section 3591, the judge
who presided at the trial or before whom the guilty plea
was entered, or another judge if that judge is unavailable,
shall conduct a separate sentencing hearing to determine
the punishment to be imposed. Prior to such a hearing,
no presentence report shall be prepared by the United
States Probation Service, notwithstanding the provisions
of the Federal Rules of Criminal Procedure. The hearing
shall be conducted—
‘‘(1) before the jury that determined the de-
fendant’s guilt;
‘‘(2) before a jury impaneled for the purpose of
the hearing if—
171
‘‘(A) the defendant was convicted upon a
plea of guilty;
‘‘(B) the defendant was convicted after a
trial before the court sitting without a jury;
‘‘(C) the jury that determined the defend-
ant’s guilt was discharged for good cause; or
‘‘(D) after initial imposition of a sentence
under this section, reconsideration of the sen-
tence under the section is necessary; or
‘‘(3) before the court alone, upon motion of the
defendant and with the approval of the attorney for
the Government.
A jury impaneled pursuant to paragraph (2) shall consist
of twelve members, unless, at any time before the conclu-
sion of the hearing, the parties stipulate, with the approval
of the court, that it shall consist of a lesser number.
‘‘(c) PROOF OF MITIGATING AND AGGRAVATING FAC-
TORS.—At the hearing, information may be presented as
to—
‘‘(1) any matter relating to any mitigating fac-
tor listed in section 3592 and any other mitigating
factor; and
‘‘(2) any matter relating to any aggravating
factor listed in section 3592 for which notice has
been provided under subsection (a) and (if informa-
172
tion is presented relating to such a listed factor) any
other aggravating factor for which notice has been
so provided.
The information presented may include the trial transcript
and exhibits. Any other information relevant to such miti-
gating or aggravating factors may be presented by either
the Government or the defendant. The information pre-
sented by the Government in support of factors concerning
the effect of the offense on the victim and the victim’s
family may include oral testimony, a victim impact state-
ment that identifies the victim of the offense and the na-
ture and extent of harm and loss suffered by the victim
and the victim’s family, and other relevant information.
Information is admissible regardless of its admissibility
under the rules governing admission of evidence at crimi-
nal trials, except that information may be excluded if its
probative value is outweighed by the danger of creating
unfair prejudice, confusing the issues, or misleading the
jury. The attorney for the Government and for the defend-
ant shall be permitted to rebut any information received
at the hearing, and shall be given fair opportunity to
present argument as to the adequacy of the information
to establish the existence of any aggravating or mitigating
factor, and as to the appropriateness in that case of im-
posing a sentence of death. The attorney for the Govern-
173
ment shall open the argument. The defendant shall be per-
mitted to reply. The Government shall then be permitted
to reply in rebuttal. The burden of establishing the exist-
ence of an aggravating factor is on the Government, and
is not satisfied unless the existence of such a factor is es-
tablished beyond a reasonable doubt. The burden of estab-
lishing the existence of any mitigating factor is on the de-
fendant, and is not satisfied unless the existence of such
a factor is established by a preponderance of the evidence.
‘‘(d) FINDINGS OF AGGRAVATING AND MITIGATING
FACTORS.—The jury shall return special findings identify-
ing any aggravating factor or factors for which notice has
been provided under subsection (a) of this section and
which the jury unanimously determines have been estab-
lished by the Government beyond a reasonable doubt. A
mitigating factor is established if the defendant has prov-
en its existence by a preponderance of the evidence, and
any member of the jury who finds the existence of such
a factor may regard it as established for purposes of this
section regardless of the number of jurors who concur that
the factor has been established.
‘‘(e) RETURN OF A FINDING CONCERNING A SEN-
TENCE OF DEATH.—If an aggravating factor required to
be considered under section 3592 is found to exist, the
jury, or if there is no jury, the court, shall then consider
174
whether the aggravating factor or factors found to exist
under subsection (d) outweigh any mitigating factor or
factors. The jury, or if there is no jury, the court shall
recommend a sentence of death if it unanimously finds at
least one aggravating factor and no mitigating factor or
if it finds one or more aggravating factors which outweigh
any mitigating factors. In any other case, it shall not rec-
ommend a sentence of death. The jury shall be instructed
that it must avoid any influence of sympathy, sentiment,
passion, prejudice, or other arbitrary factors in its deci-
sion, and should make such a recommendation as the in-
formation warrants.
‘‘(f) SPECIAL PRECAUTION TO ASSURE AGAINST DIS-
CRIMINATION.—In a hearing held before a jury, the court,
prior to the return of a finding under subsection (e), shall
instruct the jury that, in considering whether to rec-
ommend a sentence of death, it shall not be influenced
by prejudice or bias relating to the race, color, religion,
national origin, or sex of the defendant or of any victim
and that the jury is not to recommend a sentence of death
unless it has concluded that it would recommend a sen-
tence of death for the crime in question regardless of the
race, color, religion, national origin, or sex of the defend-
ant or of any victim. The jury, upon return of a finding
under subsection (e), shall also return to the court a cer-
175
tificate, signed by each juror, that prejudice or bias relat-
ing to the race, color, religion, national origin, or sex of
the defendant or any victim did not affect the juror’s indi-
vidual decision and that the individual juror would have
recommended the same sentence for the crime in question
regardless of the race, color, religion, national origin, or
sex of the defendant or any victim.
‘‘§ 3594. Imposition of a sentence of death
‘‘Upon the recommendation under section 3593(e)
that a sentence of death be imposed, the court shall sen-
tence the defendant to death. Otherwise the court shall
impose a sentence, other than death, authorized by law.
Notwithstanding any other provision of law, if the maxi-
mum term of imprisonment for the offense is life imprison-
ment, the court may impose a sentence of life imprison-
ment without the possibility of release.
‘‘§ 3595. Review of a sentence of death
‘‘(a) APPEAL.—In a case in which a sentence of death
is imposed, the sentence shall be subject to review by the
court of appeals upon appeal by the defendant. Notice of
appeal of the sentence must be filed within the time speci-
fied for the filing of a notice of appeal of the judgment
of conviction. An appeal of the sentence under this section
may be consolidated with an appeal of the judgment of
176
conviction and shall have priority over all other non-capital
matters in the court of appeals.
‘‘(b) REVIEW.—The court of appeals shall review the
entire record in the case, including—
‘‘(1) the evidence submitted during the trial;
‘‘(2) the information submitted during the sen-
tencing hearing;
‘‘(3) the procedures employed in the sentencing
hearing; and
‘‘(4) the special findings returned under section
3593(d).
‘‘(c) DECISION AND DISPOSITION.—
‘‘(1) If the court of appeals determines that—
‘‘(A) the sentence of death was not im-
posed under the influence of passion, prejudice,
or any other arbitrary factor;
‘‘(B) the evidence and information support
the special findings of the existence of an ag-
gravating factor or factors; and
‘‘(C) the proceedings did not involve any
other prejudicial error requiring reversal of the
sentence that was properly preserved for and
raised on appeal;
it shall affirm the sentence.
177
‘‘(2) In any other case, the court of appeals
shall remand the case for reconsideration under sec-
tion 3593 or for imposition of another authorized
sentence as appropriate, except that the court shall
not reverse a sentence of death on the ground that
an aggravating factor was invalid or was not sup-
ported by the evidence and information if at least
one aggravating factor required to be considered
under section 3592 remains which was found to
exist and the court, on the basis of the evidence sub-
mitted at trial and the information submitted at the
sentencing hearing, finds no mitigating factor or
finds that the remaining aggravating factor or fac-
tors which were found to exist outweigh any mitigat-
ing factors.
‘‘(3) The court of appeals shall state in writing
the reasons for its disposition of an appeal of a sen-
tence of death under this section.
‘‘§ 3596. Implementation of a sentence of death
‘‘(a) IN GENERAL.—A person sentenced to death
under this chapter shall be committed to the custody of
the Attorney General until exhaustion of the procedures
for appeal of the judgment of conviction and review of the
sentence. When the sentence is to be implemented, the At-
torney General shall release the person sentenced to death
178
to the custody of a United States Marshal. The Marshal
shall supervise implementation of the sentence in the man-
ner prescribed by the law of the State in which the sen-
tence is imposed, or in the manner prescribed by the law
of another State designated by the court if the law of the
State in which the sentence was imposed does not provide
for implementation of a sentence of death.
‘‘(b) SPECIAL BARS TO EXECUTION.—A sentence of
death shall not be carried out upon a person who lacks
the mental capacity to understand the death penalty and
why it was imposed on that person, or upon a woman while
she is pregnant.
‘‘(c) PERSONS MAY DECLINE TO PARTICIPATE.—No
employee of any State department of corrections, the Fed-
eral Bureau of Prisons, or the United States Marshals
Service, and no person providing services to that depart-
ment, bureau, or service under contract shall be required,
as a condition of that employment or contractual obliga-
tion, to be in attendance at or to participate in any execu-
tion carried out under this section if such participation
is contrary to the moral or religious convictions of the em-
ployee. For purposes of this subsection, the term ‘partici-
pate in any execution’ includes personal preparation of the
condemned individual and the apparatus used for the exe-
179
cution, and supervision of the activities of other personnel
in carrying out such activities.
‘‘§ 3597. Use of State facilities
‘‘A United States Marshal charged with supervising
the implementation of a sentence of death may use appro-
priate State or local facilities for the purpose, may use
the services of an appropriate State or local official or of
a person such an official employs for the purpose, and
shall pay the costs thereof in an amount approved by the
Attorney General.
‘‘§ 3598. Appointment of counsel
‘‘(a) REPRESENTATION
OF
INDIGENT
DEFEND-
ANTS.—This section shall govern the appointment of coun-
sel for any defendant against whom a sentence of death
is sought, or on whom a sentence of death has been im-
posed, for an offense against the United States, where the
defendant is or becomes financially unable to obtain ade-
quate representation. Such a defendant shall be entitled
to appointment of counsel from the commencement of trial
proceedings until one of the conditions specified in section
3599(b) of this title has occurred. This section shall not
affect the appointment of counsel and the provision of an-
cillary legal services under section 848(q) (4) through (10)
of title 21, United States Code.
180
‘‘(b) REPRESENTATION BEFORE FINALITY OF JUDG-
MENT.—A defendant within the scope of this section shall
have counsel appointed for trial representation as provided
in section 3005 of this title. At least one counsel so ap-
pointed shall continue to represent the defendant until the
conclusion of direct review of the judgment, unless re-
placed by the court with other qualified counsel.
‘‘(c) REPRESENTATION AFTER FINALITY OF JUDG-
MENT.—When a judgment imposing a sentence of death
has become final through affirmance by the Supreme
Court on direct review, denial of certiorari by the Supreme
Court on direct review, or expiration of the time for seek-
ing direct review in the court of appeals or the Supreme
Court, the Government shall promptly notify the district
court that imposed the sentence. Within ten days of re-
ceipt of such notice, the district court shall proceed to
make a determination whether the defendant is eligible
under this section for appointment of counsel for subse-
quent proceedings. On the basis of the determination, the
court shall issue an order: (1) appointing one or more
counsel to represent the defendant upon a finding that the
defendant is financially unable to obtain adequate rep-
resentation and wishes to have counsel appointed or is un-
able competently to decide whether to accept or reject ap-
pointment of counsel; (2) finding, after a hearing if nec-
181
essary, that the defendant rejected appointment of counsel
and made the decision with an understanding of its legal
consequences; or (3) denying the appointment of counsel
upon a finding that the defendant is financially able to
obtain adequate representation. Counsel appointed pursu-
ant to this subsection shall be different from the counsel
who represented the defendant at trial and on direct re-
view unless the defendant and counsel request a continu-
ation or renewal of the earlier representation.
‘‘(d) STANDARDS FOR COMPETENCE OF COUNSEL.—
In relation to a defendant who is entitled to appointment
of counsel under this section, at least one counsel ap-
pointed for trial representation must have been admitted
to the bar for at least five years and have at least three
years of experience in the trial of felony cases in the fed-
eral district courts. If new counsel is appointed after judg-
ment, at least one counsel so appointed must have been
admitted to the bar for at least five years and have at
least three years of experience in the litigation of felony
cases in the Federal courts of appeals or the Supreme
Court. The court, for good cause, may appoint counsel
who does not meet these standards, but whose back-
ground, knowledge, or experience would otherwise enable
him or her to properly represent the defendant, with due
182
consideration of the seriousness of the penalty and the na-
ture of the litigation.
‘‘(e) APPLICABILITY OF CRIMINAL JUSTICE ACT.—
Except as otherwise provided in this section, the provisions
of section 3006A of this title shall apply to appointments
under this section.
‘‘(f) CLAIMS OF INEFFECTIVENESS OF COUNSEL.—
The ineffectiveness or incompetence of counsel during pro-
ceedings on a motion under section 2255 of title 28,
United States Code, in a capital case shall not be a ground
for relief from the judgment or sentence in any proceed-
ing. This limitation shall not preclude the appointment of
different counsel at any stage of the proceedings.
‘‘§ 3599. Collateral attack on judgment imposing sen-
tence of death
‘‘(a) TIME FOR MAKING SECTION 2255 MOTION.—
In a case in which sentence of death has been imposed,
and the judgment has become final as described in section
3598(c) of this title, a motion in the case under section
2255 of title 28, United States Code, must be filed within
ninety days of the issuance of the order relating to ap-
pointment of counsel under section 3598(c) of this title.
The court in which the motion is filed, for good cause
shown, may extend the time for filing for a period not
exceeding sixty days. A motion described in this section
183
shall have priority over all noncapital matters in the dis-
trict court, and in the court of appeals on review of the
district court’s decision.
‘‘(b) STAY OF EXECUTION.—The execution of a sen-
tence of death shall be stayed in the course of direct review
of the judgment and during the litigation of an initial mo-
tion in the case under section 2255 of title 28, United
States Code. The stay shall run continuously following im-
position of the sentence, and shall expire if—
‘‘(1) the defendant fails to file a motion under
section 2255 of title 28, United States Code, within
the time specified in subsection (a), or fails to make
a timely application for court of appeals review fol-
lowing the denial of such motion by a district court;
or
‘‘(2) upon completion of district court and court
of appeals review under section 2255 of title 28,
United States Code, the motion under that section
is denied and (A) the time for filing a petition for
certiorari has expired and no petition has been filed;
(B) a timely petition for certiorari was filed and the
Supreme Court denied the petition; or (C) a timely
petition for certiorari was filed and upon consider-
ation of the case, the Supreme Court disposed of it
184
in a manner that left the capital sentence undis-
turbed; or
‘‘(3) before a district court, in the presence of
counsel and after having been advised of the con-
sequences of his decision, the defendant waives the
right to file a motion under section 2255 of title 28,
United States Code.
‘‘(c) FINALITY OF THE DECISION ON REVIEW.—If
one of the conditions specified in subsection (b) has oc-
curred, no court thereafter shall have the authority to
enter a stay of execution or grant relief in the case un-
less—
‘‘(1) the basis for the stay and request for relief
is a claim not presented in earlier proceedings;
‘‘(2) the failure to raise the claim was (A) the
result of governmental action in violation of the Con-
stitution or laws of the United States; (B) the result
of the Supreme Court recognition of a new Federal
right that is retroactively applicable; or (C) based on
a factual predicate that could not have been discov-
ered through the exercise of reasonable diligence in
time to present the claim in earlier proceedings; and
‘‘(3) the facts underlying the claim would be
sufficient, if proven, to undermine the court’s con-
185
fidence in the determination of guilt on the offense
or offenses for which the death penalty was imposed.
‘‘§ 3600. Application in Indian country
‘‘Notwithstanding sections 1152 and 1153 of this
title, no person subject to the criminal jurisdiction of an
Indian tribal government shall be subject to a capital sen-
tence under this chapter for any offense the Federal juris-
diction for which is predicated solely on Indian country
as defined in section 1151 of this title and which has oc-
curred within the boundaries of such Indian country, un-
less the governing body of the tribe has made an election
that this chapter have effect over land and persons subject
to its criminal jurisdiction.’’; and
(2) in the table of chapters at the beginning of
part II, by adding the following new item after the
item relating to chapter 227:
‘‘228. Death penalty procedures ................................................... 3591.’’.
SEC. 702. EQUAL JUSTICE ACT.
(a) DEATH PENALTY
FOR CIVIL RIGHTS MUR-
DERS.—
(1) CONSPIRACY
AGAINST
RIGHTS.—Section
241 of title 18, United States Code, is amended by
striking ‘‘shall be subject to imprisonment for any
term of years or for life’’ and inserting ‘‘shall be
punished by death or imprisonment for any term of
years or for life’’.
186
(2) DEPRIVATION OF RIGHTS UNDER COLOR OF
LAW.—Section 242 of title 18, United States Code,
is amended by striking ‘‘shall be subject to imprison-
ment for any term of years or for life’’ and inserting
‘‘shall be punished by death or imprisonment for any
term of years or for life’’.
(3) FEDERALLY PROTECTED ACTIVITIES.—Sec-
tion 245(b) of title 18, United States Code, is
amended by striking ‘‘shall be subject to imprison-
ment for any term of years or for life’’ and inserting
‘‘shall be punished by death or imprisonment for any
term of years or for life’’.
(4) DAMAGE
TO
RELIGIOUS
PROPERTY; OB-
STRUCTION OF THE FREE EXERCISE OF RELIGIOUS
RIGHTS.—Section 247(c)(1) of title 18, United
States Code, is amended by inserting ‘‘the death
penalty or’’ before ‘‘imprisonment’’.
SEC. 703. PROHIBITION OF RACIALLY DISCRIMINATORY
POLICIES CONCERNING CAPITAL PUNISH-
MENT OR OTHER PENALTIES.
(a) GENERAL RULE.—The penalty of death and all
other penalties shall be administered by the United States
and by every State without regard to the race or color
of the defendant or victim. Neither the United States nor
any State shall prescribe any racial quota or statistical
189
‘‘§ 1118. Murder by a Federal prisoner
‘‘(a) Whoever, while confined in a Federal prison
under a sentence for a term of life imprisonment, murders
another shall be punished by death or by life imprisonment
without the possibility of release.
‘‘(b) For purposes of this section—
‘‘(1) ‘Federal prison’ means any Federal correc-
tional, detention, or penal facility, Federal commu-
nity treatment center, or Federal halfway house, or
any such prison operated under contract with the
Federal Government;
‘‘(2) ‘term of life imprisonment’ means a sen-
tence for the term of natural life, a sentence com-
muted to natural life, an indeterminate term of a
minimum of at least fifteen years and a maximum
of life, or an unexecuted sentence of death.’’; and
(2) by amending the table of sections by adding
at the end:
‘‘1118. Murder by a Federal prisoner.’’.
(b) MURDER OF FEDERAL, STATE, AND LOCAL LAW
ENFORCEMENT OFFICERS.—Section 1114 of title 18,
United States Code, is amended by striking ‘‘be punished
as provided under sections 1111 and 1112 of this title,
except that’’ and inserting ‘‘, or any State or local law
enforcement officer while assisting, or on account of hav-
ing assisted, any Federal officer or employee covered by
190
this section in the performance of duties, in the case of
murder as defined in section 1111 of this title, be pun-
ished by death or imprisonment for life, and, in the case
of manslaughter as defined in section 1112 of this title,
be punished as provided in that section, and’’.
(c) HOMICIDES
AND ATTEMPTED HOMICIDES IN-
VOLVING FIREARMS IN FEDERAL FACILITIES.—Section
930 of title 18, United States Code, is amended—
(1) in subsection (a), by striking ‘‘(c)’’ and in-
serting ‘‘(d)’’;
(2) by inserting after subsection (b) the follow-
ing:
‘‘(c) Whoever kills or attempts to kill any person in
the course of a violation of subsection (a) or (b), or in
the course of an attack on a Federal facility involving the
use of a firearm or other dangerous weapon, shall—
‘‘(1) in the case of a killing constituting murder
as defined in section 1111(a) of this title, be pun-
ished by death or imprisoned for any term of years
or for life; and
‘‘(2) in the case of any other killing or an at-
tempted killing, be subject to the penalties provided
for engaging in such conduct within the special mar-
itime and territorial jurisdiction of the United States
under sections 1112 and 1113 of this title.’’;
191
(3) in subsection (d)(2), by striking ‘‘(c)’’ and
inserting ‘‘(d)’’;
(4) in subsection (g), by striking ‘‘(d)’’ each
place it appears and inserting ‘‘(e)’’; and
(5) by redesignating subsections (c), (d), (e), (f)
and (g) as subsections (d), (e), (f), (g), and (h), re-
spectively.
(d) DEATH PENALTY
FOR CIVIL RIGHTS MUR-
DERS.—
(1) CONSPIRACY
AGAINST
RIGHTS.—Section
241 of title 18, United States Code, is amended by
striking ‘‘shall be subject to imprisonment for any
term of years or for life’’ and inserting ‘‘shall be
punished by death or imprisonment for any term of
years or for life’’.
(2) DEPRIVATION OF RIGHTS UNDER COLOR OF
LAW.—Section 242 of title 18, United States Code,
is amended by striking ‘‘shall be subject to imprison-
ment for any term of years or for life’’ and inserting
‘‘shall be punished by death or imprisonment for any
term of years or for life’’.
(3) FEDERALLY PROTECTED ACTIVITIES.—Sec-
tion 245(b) of title 18, United States Code, is
amended by striking ‘‘shall be subject to imprison-
ment for any term of years or for life’’ and inserting
192
‘‘shall be punished by death or imprisonment for any
term of years or for life’’.
(4) DAMAGE
TO
RELIGIOUS
PROPERTY; OB-
STRUCTION OF THE FREE EXERCISE OF RELIGIOUS
RIGHTS.—Section 247(c)(1) of title 18, United
States Code, is amended by inserting ‘‘the death
penalty or’’ before ‘‘imprisonment’’.
(e) DEATH PENALTY FOR GUN MURDERS.—Section
924 of title 18, United States Code, as amended by section
430 of this Act, is amended by adding at the end the fol-
lowing:
‘‘(j) Whoever, in the course of a violation of sub-
section (c) of this section, causes the death of a person
through the use of a firearm, shall—
‘‘(1) if the killing is a murder as defined in sec-
tion 1111 of this title, be punished by death or by
imprisonment for any term of years or for life; and
‘‘(2) if the killing is manslaughter as defined in
section 1112 of this title, be punished as provided in
that section.’’.
(f) MURDER BY ESCAPED PRISONERS.—
(1) IN GENERAL.—Chapter 51 of title 18, Unit-
ed States Code, as amended by section 110, is
amended by adding at the end the following:
193
‘‘§ 1119. Murder by escaped prisoners
‘‘(a) Whoever, having escaped from a Federal prison
where such person was confined under a sentence for a
term of life imprisonment, kills another shall be punished
as provided in sections 1111 and 1112 of this title.
‘‘(b) As used in this section, the terms ‘Federal pris-
on’ and ‘term of life imprisonment’ have the meanings
given those terms in section 1118 of this title.’’.
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 51 of title 18,
United States Code, is amended by adding at the
end the following:
‘‘1119. Murder by escaped prisoners.’’.
(g) TORTURE.—
(1) IN GENERAL.—Part I of title 18, United
States Code, is amended by inserting after chapter
113A the following new chapter:
‘‘CHAPTER 113B—TORTURE
‘‘Sec.
‘‘2340. Definitions.
‘‘2340A. Torture.
‘‘2340B. Exclusive remedies.
‘‘§ 2340. Definitions
‘‘As used in this chapter—
‘‘(1) the term ‘torture’ means an act committed
by a person acting under the color of law specifically
intended to inflict severe physical or mental pain or
194
suffering (other than pain or suffering incidental to
lawful sanctions) upon another person within his
custody or physical control;
‘‘(2) the term ‘severe mental pain or suffering’
means the prolonged mental harm caused by or re-
sulting from—
‘‘(A) the intentional infliction or threat-
ened infliction of severe physical pain or suffer-
ing;
‘‘(B) the administration or application, or
threatened administration or application, of
mind altering substances or other procedures
calculated to disrupt profoundly the senses or
the personality;
‘‘(C) the threat of imminent death; or
‘‘(D) the threat that another person will
imminently be subjected to death, severe phys-
ical pain or suffering, or the administration or
application of mind altering substances or other
procedures calculated to disrupt profoundly the
senses or personality; and
‘‘(3) the term ‘United States’ includes all areas
under the jurisdiction of the United States including
any of the places within the provisions of sections 5
and 7 of this title and section 101(38) of the Fed-
195
eral Aviation Act of 1958, as amended (49 U.S.C.
App. 1301(38)).
‘‘§ 2340A. Torture
‘‘(a) Whoever, outside the United States and in a cir-
cumstance described in subsection (b) of this section, com-
mits or attempts to commit torture shall be fined under
this title or imprisoned not more than 20 years, or both,
and if death results to any person from conduct prohibited
by this subsection, shall be punished by death or impris-
oned for any term of years or for life.
‘‘(b) The circumstances referred to in subsection (a)
of this section are—
‘‘(1) the alleged offender is a national of the
United States; or
‘‘(2) the alleged offender is present in the Unit-
ed States, irrespective of the nationality of the vic-
tim or the alleged offender.
‘‘§ 2340B. Exclusive remedies
‘‘Nothing in this chapter shall be construed as pre-
cluding the application of State or local laws on the same
subject, nor shall anything in this chapter be construed
as creating any substantive or procedural right enforceable
by law by any party in any civil proceeding.’’.
(2) CLERICAL
AMENDMENT.—The table of
chapters for part I of title 18, United States Code,
196
is amended by inserting after the item for chapter
113A the following new item:
‘‘113B. Torture ..................................................................................... 2340.’’.
(3) EFFECTIVE DATE.—This subsection shall
take effect on the later of—
(1) the date of enactment of this section;
or
(2) the date the United States has become
a party to the Convention Against Torture and
Other Cruel, Inhuman or Degrading Treatment
or Punishment.
(h) CARJACKING RESULTING
IN DEATH.—Section
2119 of title 18, United States Code, is amended—
(1) by inserting ‘‘(a)’’ before ‘‘Whoever’’;
(2) by striking ‘‘, possessing a firearm as de-
fined in section 921 of this title,’’;
(3) by striking ‘‘shall—’’ and all that follows
through the end of the existing section and inserting
‘‘shall be punished as provided in subsection (c) of
this section.’’; and
(4) by adding at the end the following:
‘‘(b) Whoever, in furtherance of a State or Federal
crime of violence, obstructs, impedes, or makes unauthor-
ized physical contact with, a motor vehicle of another, if
such vehicle has been transported, shipped, or received in
197
interstate or foreign commerce, shall be punished as pro-
vided in subsection (c) of this section.
‘‘(c) A person violating this section shall—
‘‘(1) be fined under this title or imprisoned not
more than 15 years, or both;
‘‘(2) if serious bodily injury (as defined in sec-
tion 1365 of this title) results, be fined under this
title or imprisoned not more than 25 years, or both;
and
‘‘(3) if death results, be fined under this title
or imprisoned for any number of years up to life, or
both, and shall be subject to the penalty of death.’’.
SEC. 707. CONFORMING AND TECHNICAL AMENDMENTS.
(a) DESTRUCTION OF AIRCRAFT OR AIRCRAFT FA-
CILITIES.—Section 34 of title 18, United States Code, is
amended by striking the comma after ‘‘imprisonment for
life’’ and all that follows through the end of the section
and inserting a period.
(b) ESPIONAGE.—Section 794(a) of title 18, United
States Code, is amended by striking the period at the end
of the section and inserting the following: ‘‘, except that
the sentence of death shall not be imposed unless the jury
or, if there is no jury, the court, further finds beyond a
reasonable doubt at a hearing under section 3593 of this
title that the offense directly concerned nuclear weaponry,
198
military spacecraft and satellites, early warning systems,
or other means of defense or retaliation against large-scale
attack; war plans; communications intelligence or cryp-
tographic information; sources or methods of intelligence
or counterintelligence operations; or any other major
weapons system or major element of defense strategy.’’.
(c) TRANSPORTING EXPLOSIVES.—Section 844(d) of
title 18, United States Code, is amended by striking ‘‘as
provided in section 34 of this title’’.
(d) MALICIOUS DESTRUCTION OF FEDERAL PROP-
ERTY BY EXPLOSIVES.—Section 844(f) of title 18, United
States Code, is amended by striking ‘‘as provided in sec-
tion 34 of this title’’.
(e) MALICIOUS DESTRUCTION OF INTERSTATE PROP-
ERTY BY EXPLOSIVES.—Section 844(i) of title 18, United
States Code, is amended by striking ‘‘as provided in sec-
tion 34 of this title’’.
(f) MURDER.—Section 1111(b) of title 18, United
States Code, is amended to read as follows:
‘‘(b) Within the special maritime and territorial juris-
diction of the United States—
‘‘(1) whoever is guilty of murder in the first de-
gree shall be punished by death or by imprisonment
for life; and
199
‘‘(2) whoever is guilty of murder in the second
degree shall be imprisoned for any term of years or
for life.’’.
(g) KILLING OFFICIAL GUESTS AND INTERNATION-
ALLY PROTECTED PERSONS.—Subsection (a) of section
1116 of title 18, United States Code, is amended by in-
serting a period after ‘‘title’’ and striking the remainder
of the subsection.
(h) KIDNAPPING.—Section 1201(a) of title 18, Unit-
ed States Code, is amended by inserting after ‘‘or for life’’
the following: ‘‘and, if the death of any person results,
shall be punished by death or life imprisonment’’.
(i) HOSTAGE TAKING.—Section 1203(a) of title 18,
United States Code, is amended by inserting after ‘‘or for
life’’ the following ‘‘and, if the death of any person results,
shall be punished by death or life imprisonment’’.
(j) MAILABILITY OF INJURIOUS ARTICLES.—The last
paragraph of section 1716 of title 18, United States Code,
is amended by striking the comma after ‘‘imprisonment
for life’’ and all that follows through the end of the para-
graph and inserting a period.
(k) PRESIDENTIAL ASSASSINATION.—Subsection (c)
of section 1751 of title 18, United States Code, is amend-
ed to read as follows:
200
‘‘(c) Whoever attempts to murder or kidnap any indi-
vidual designated in subsection (a) of this section shall be
punished (1) by imprisonment for any term of years or
for life, or (2) by death or imprisonment for any term of
years or for life if the conduct constitutes an attempt to
murder the President of the United States and results in
bodily injury to the President or otherwise comes dan-
gerously close to causing the death of the President.’’.
(l) MURDER FOR HIRE.—Section 1958(a) of title 18
of the United States Code is amended by striking ‘‘and
if death results, shall be subject to imprisonment for any
term of years or for life, or shall be fined not more than
$50,000, or both’’ and inserting ‘‘and if death results,
shall be punished by death or life imprisonment, or shall
be fined in accordance with this title, or both’’.
(m) VIOLENT CRIMES IN AID OF RACKETEERING AC-
TIVITY.—Paragraph (1) of subsection (a) of section 1959
of title 18, United States Code, is amended to read as
follows:
‘‘(1) for murder, by death or life imprisonment,
or a fine in accordance with this title, or
both;
and
for 
kidnapping, by imprisonment for
any term of years or for life, or a fine in accordance
with this title, or both;’’.
201
(n) WRECKING TRAINS.—The second to the last
paragraph of section 1992 of title 18, United States Code,
is amended by striking the comma after ‘‘imprisonment
for life’’ and all that follows through the end of the section
and inserting a period.
(o) BANK ROBBERY.—Section 2113(e) of title 18,
United States Code, is amended by striking ‘‘or punished
by death if the verdict of the jury shall so direct’’ and
inserting ‘‘or if death results shall be punished by death
or life imprisonment’’.
(p) TERRORIST ACTS.—Section 2332(a)(1) of title
18, United States Code, is amended to read as follows:
‘‘(1) if the killing is murder as defined in sec-
tion 1111(a) of this title, be fined under this title,
punished by death or imprisonment for any term of
years or for life, or both;’’.
(q) AIRCRAFT HIJACKING.—Section 903 of the Fed-
eral Aviation Act of 1958 (49 U.S.C. App. 1473), is
amended by striking subsection (c).
(r) CONTROLLED SUBSTANCES ACT.—Section 408 of
the Controlled Substances Act is amended by striking sub-
sections (g)–(p), (q) (1)–(3) and (r).
(s) GENOCIDE.—Section 1091(b)(1) of title 18, Unit-
ed States Code, is amended by striking ‘‘a fine of not more
than $1,000,000 and imprisonment for life;’’ and inserting
202
‘‘death or imprisonment for life and a fine of not more
than $1,000,000;’’.
(t) INAPPLICABILITY TO UNIFORM CODE OF MILI-
TARY JUSTICE.—Chapter 228 of title 18, United States
Code, as added by this Act, shall not apply to prosecutions
under the Uniform Code of Military Justice (10 U.S.C.
801 et seq.).
Subtitle B—Violent Felonies and
Drug Offenses
SEC. 711. DRUG TESTING OF FEDERAL OFFENDERS ON
POST-CONVICTION RELEASE.
(a) DRUG TESTING PROGRAM.—(1) Chapter 229 of
title 18, United States Code, is amended by adding at the
end the following:
‘‘§ 3608. Drug testing of Federal offenders on post-
conviction release
‘‘The Director of the Administrative Office of the
United States Courts, in consultation with the Attorney
General and the Secretary of Health and Human Services,
shall, as soon as is practicable after the effective date of
this section, establish a program of drug testing of Federal
offenders on post-conviction release. The program shall in-
clude such standards and guidelines as the Director may
determine necessary to ensure the reliability and accuracy
of the drug testing programs. In each district where it is
203
feasible to do so, the chief probation officer shall arrange
for the drug testing of defendants on post-conviction re-
lease pursuant to a conviction for a felony or other offense
described in section 3563(a)(4) of this title.’’.
(2) The table of sections at the beginning of chapter
229 of title 18, United States Code, is amended by adding
at the end the following:
‘‘3608. Drug testing of Federal offenders on post-conviction release.’’.
(b) DRUG TESTING CONDITION FOR PROBATION.—
(1) Section 3563(a) of title 18, United States
Code, is amended—
(A) in paragraph (2), by striking out
‘‘and’’;
(B) in paragraph (3), by striking out the
period and inserting ‘‘; and’’; and
(C) by adding after paragraph (3) the fol-
lowing:
‘‘(4) for a felony, an offense involving a firearm
as defined in section 921 of this title, a drug or nar-
cotic offense as defined in section 404(c) of the Con-
trolled Substances Act (21 U.S.C. 844(c)), or a
crime of violence as defined in section 16 of this
title, that the defendant refrain from any unlawful
use of the controlled substance and submit to peri-
odic drug tests (as determined by the court) for use
of a controlled substance. This latter condition may
204
be suspended or ameliorated upon request of the Di-
rector of the Administrative Office of the United
States Courts, or the Director’s designee. In addi-
tion, the Court may decline to impose this condition
for any individual defendant, if the defendant’s
presentence report or other reliable sentencing infor-
mation indicates a low risk of future substance
abuse by the defendant. A defendant who tests posi-
tive may be detained pending verification of a drug
test result.’’.
(2) DRUG
TESTING
FOR
SUPERVISED
RE-
LEASE.—Section 3583(d) of title 18, United States
Code, is amended by inserting after the first sen-
tence the following: ‘‘For a defendant convicted of a
felony or other offense described in section
3563(a)(4) of this title, the court shall also order, as
an explicit condition of supervised release, that the
defendant refrain from any unlawful use of a con-
trolled substance and submit to periodic drug tests
(as determined by the court), for use of a controlled
substance. This latter condition may be suspended
or ameliorated as provided in section 3563(a)(4) of
this title.’’.
(3) DRUG TESTING IN CONNECTION WITH PA-
ROLE.—Section 4209(a) of title 18, United States
205
Code, is amended by inserting after the first sen-
tence the following: ‘‘If the parolee has been con-
victed of a felony or other offense described in sec-
tion 3563(a)(4) of this title, the Commission shall
also impose as a condition of parole that the parolee
refrain from any unlawful use of a controlled sub-
stance and submit to periodic drug tests (as deter-
mined by the Commission) for use of a controlled
substance. This latter condition may be suspended
or ameliorated as provided in section 3563(a)(4) of
this title.’’.
(c) REVOCATION OF RELEASE.—
(1) REVOCATION
OF
PROBATION.—The last
sentence of section 3565(a) of title 18, United
States Code, is amended by inserting ‘‘or unlawfully
uses a controlled substance or refuses to cooperate
in drug testing, thereby violating the condition im-
posed by section 3563(a)(4),’’ after ‘‘3563(a)(3)’’.
(2) REVOCATION OF SUPERVISED RELEASE.—
Section 3583(g) of title 18, United States Code, is
amended by inserting ‘‘or unlawfully uses a con-
trolled substance or refuses to cooperate in drug
testing imposed as a condition of supervised re-
lease,’’ after ‘‘substance’’.
206
(3) REVOCATION OF PAROLE.—Section 4214(f)
of title 18, United States Code, is amended by in-
serting after ‘‘substance’’ the following: ‘‘, or who
unlawfully uses a controlled substance or refuses to
cooperate in drug testing imposed as a condition of
parole,’’.
SEC. 712. LIFE IMPRISONMENT OR DEATH PENALTY FOR
THIRD FEDERAL VIOLENT FELONY CONVIC-
TION.
Section 3581 of title 18, United States Code, is
amended by adding at the end the following:
‘‘(c) PUNISHMENT OF CERTAIN VIOLENT FELONS.—
‘‘(1) GENERAL
RULE.—Notwithstanding any
other provision of this title or any other law, in the
case of a conviction for a Federal violent felony, the
court shall sentence the defendant to prison for life
if the defendant has previously been convicted of two
other violent felonies and if a death results from the
violent felony, the defendant shall be subject to the
death penalty.
‘‘(2) DEFINITION.—As used in this section the
term ‘‘violent felony’’ is a State or Federal crime of
violence (as defined in section 16 of this title)—
207
‘‘(A) that involves the threatened use, use,
or the risk of use of physical force against the
person of another;
‘‘(B) for which the maximum authorized
imprisonment exceeds one year; and
‘‘(C) which is not designated a mis-
demeanor by the law that defines the offense.
‘‘(3) RULE
OF
CONSTRUCTION.—This sub-
section shall not be construed to prevent the imposi-
tion of the death penalty.’’.
SEC. 713. STRENGTHENING THE ARMED CAREER CRIMI-
NALS ACT.
Section 924(e)(2)(A) of title 18, United States Code,
as amended by section 151 of this Act, is amended—
(1) in clause (ii), by striking ‘‘or’’ at the end;
(2) in clause (iii), by adding ‘‘or’’ at the end;
and
(3) by adding at the end the following:
‘‘(iv) an offense under State law which, if
it had been prosecuted as a violation of the
Controlled Substances Act at the time of the of-
fense and because of the type and quantity of
the controlled substance involved, would have
been punishable by a maximum term of impris-
onment of ten years or more;’’.