In the Senate of the United States,
November 19 (legislative day, November 2), 1993.
Resolved, That the bill from the House of Representa-
tives (H.R. 3355) entitled ‘‘An Act to amend the Omnibus
Crime Control and Safe Streets Act of 1968 to allow grants
to increase police presence, to expand and improve coopera-
tive efforts between law enforcement agencies and members
of the community to address crime and disorder problems,
and otherwise to enhance public safety’’, do pass with the fol-
lowing
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Violent Crime Control
and Law Enforcement Act of 1993’’.
SEC. 2. TABLE OF CONTENTS.
The following is the table of contents for this Act:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—PUBLIC SAFETY AND POLICING
Sec. 101. Short title.
Sec. 102. Findings and purposes.
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Sec. 103. Community policing; ‘‘Cops on the Beat’’.
TITLE II—DEATH PENALTY
Sec. 201. Short title.
Sec. 202. Constitutional procedures for the imposition of the sentence of death.
Sec. 203. Specific offenses for which death penalty is authorized.
Sec. 204. Applicability to Uniform Code of Military Justice.
Sec. 205. Death penalty for murder by a Federal prisoner.
Sec. 206. Death penalty for civil rights murders.
Sec. 207. Death penalty for the murder of Federal law enforcement officials.
Sec. 208. New offense for the indiscriminate use of weapons to further drug con-
spiracies.
Sec. 209. Foreign murder of United States nationals.
Sec. 210. Death penalty for rape and child molestation murders.
Sec. 211. Death penalty for sexual exploitation of children.
Sec. 212. Murder by escaped prisoners.
Sec. 213. Death penalty for gun murders during Federal crimes of violence and
drug trafficking crimes.
Sec. 214. Homicides and attempted homicides involving firearms in Federal fa-
cilities.
Sec. 215. Murder in course of alien smuggling.
TITLE III—FIREARMS
Subtitle A—Restraining Orders
Sec. 301. Persons subject to restraining orders.
Subtitle B—Licensure
Sec. 311. Firearms licensure and registration to require a photograph and finger-
prints.
Sec. 312. Compliance with State and local law as a condition to license.
Sec. 313. Action on firearms license application.
Sec. 314. Inspection of firearms licensees’ inventory and records.
Sec. 315. Reports of theft or loss of firearms.
Sec. 316. Responses to requests for information.
Sec. 317. Notification of names and addresses of firearms licensees.
TITLE IV—GUN CRIME PENALTIES
Sec. 401. Enhanced penalty for use of a semiautomatic firearm during a crime
of violence or a drug trafficking crime.
Sec. 402. Enhanced penalty for second offense of using an explosive to commit a
felony.
Sec. 403. Smuggling firearms in aid of drug trafficking.
Sec. 404. Theft of firearms and explosives.
Sec. 405. Revocation of supervised release.
Sec. 406. Revocation of probation.
Sec. 407. Increased penalty for knowingly making false, material statement in
connection with the acquisition of a firearm from a licensed
dealer.
Sec. 408. Possession of explosives by felons and others.
Sec. 409. Summary destruction of explosives subject to forfeiture.
Sec. 410. Elimination of outmoded language relating to parole.
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Sec. 411. Prohibition against transactions involving stolen firearms which have
moved in interstate or foreign commerce.
Sec. 412. Using a firearm in the commission of counterfeiting or forgery.
Sec. 413. Enhanced penalties for firearms possession by violent felons and serious
drug offenders.
Sec. 414. Receipt of firearms by nonresident.
Sec. 415. Firearms and explosives conspiracy.
Sec. 416. Study of incendiary ammunition; report to Congress.
Sec. 417. Theft of firearms or explosives from licensee.
Sec. 418. Disposing of explosives to prohibited persons.
Sec. 419. Clarification of ‘‘burglary’’ under the armed career criminal statute.
Sec. 420. Increased penalty for interstate gun trafficking.
TITLE V—OBSTRUCTION OF JUSTICE
Sec. 501. Protection of court officers and jurors.
Sec. 502. Prohibition of retaliatory killings of witnesses, victims and informants.
Sec. 503. Protection of jurors and witnesses in capital cases.
Sec. 504. Death penalty for the murder of State officials assisting Federal law
enforcement officials.
Sec. 505. Death penalty for murder of Federal witnesses.
TITLE VI—GANGS, JUVENILES, DRUGS, AND PROSECUTORS
Sec. 601. Short title.
Subtitle A—Criminal Youth Gangs
Sec. 611. Criminal street gangs offenses.
Sec. 612. Crimes involving the use of minors as RICO predicates.
Sec. 613. Serious juvenile drug offenses as Armed Career Criminal Act predicates.
Sec. 614. Adult prosecution of serious juvenile offenders.
Sec. 615. Increased penalties for employing children to distribute drugs near
schools and playgrounds.
Sec. 616. Increased penalties for drug trafficking near public housing.
Sec. 617. Increased penalties for Travel Act crimes involving violence and con-
spiracy to commit contract killings.
Sec. 618. Amendments concerning records of crimes committed by juveniles.
Sec. 619. Addition of anti-gang Byrne Grant funding objective.
Subtitle B—Gang Prosecution
Sec. 621. Additional prosecutors.
Sec. 622. Gang investigation coordination and information collection.
Sec. 623. Continuation of Federal-State funding formula.
Sec. 624. Grants for multijurisdictional drug task forces.
Subtitle C—Grants Under the Juvenile Justice and Delinquency Prevention Act
of 1974
Sec. 631. Juvenile drug trafficking and gang prevention grants.
Sec. 632. Conforming repealer and amendments.
Sec. 633. Grants for youth development centers.
Subtitle D—Bindover System for Certain Violent Juveniles
Sec. 641. Bindover system.
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Subtitle E—Federal Prosecutions
Sec. 651. Prosecution as adults of violent juvenile offenders.
Subtitle F—Youth Handgun Safety
Sec. 661. Findings and declarations.
Sec. 662. Prohibition of the possession of a handgun or ammunition by, or the
private transfer of a handgun or ammunition to, a juvenile.
Sec. 663. Prohibition of the sale and transfer for consideration of a handgun or
handgun ammunition to a juvenile.
TITLE VII—TERRORISM
Subtitle A—Maritime Navigation and Fixed Platforms
Sec. 701. Offenses of violence against maritime navigation or fixed platforms.
Sec. 702. Technical amendment.
Sec. 703. Effective dates.
Subtitle B—General Provisions
Sec. 711. Weapons of mass destruction.
Sec. 712. Enhanced penalties for certain offenses.
Sec. 713. Territorial sea extending to twelve miles included in special maritime
and territorial jurisdiction.
Sec. 714. Assimilated crimes in extended territorial sea.
Sec. 715. Jurisdiction over crimes against United States nationals on certain for-
eign ships.
Sec. 716. Torture.
Sec. 717. Extension of the statute of limitations for certain terrorism offenses.
Sec. 718. FBI access to telephone subscriber information.
Sec. 719. Violence at airports serving international civil aviation.
Sec. 720. Preventing acts of terrorism against civilian aviation.
Sec. 721. Counterfeiting United States currency abroad.
Sec. 722. Economic terrorism task force.
Sec. 723. Terrorist Death Penalty Act.
Sec. 724. Sentencing guidelines increase for terrorist crimes.
Sec. 725. Alien witness cooperation.
Sec. 726. Providing material support to terrorists.
TITLE VIII—SEXUAL VIOLENCE AND ABUSE OF CHILDREN, THE
ELDERLY, AND INDIVIDUALS WITH DISABILITIES
Subtitle A—Sexual Abuse
Sec. 801. Sexual abuse amendments.
Subtitle B—Protection of Children, the Elderly, and Individuals With
Disabilities
Sec. 811. Short title.
Sec. 812. Purposes.
Sec. 813. Definitions.
Sec. 814. Reporting by the States.
Sec. 815. Background checks.
Sec. 816. Funding for improvement of child abuse crime information.
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Subtitle C—Crimes Against Children
Sec. 821. Short title.
Sec. 822. Establishment of program.
Sec. 823. State compliance.
Subtitle D—Child Pornography
Sec. 824. Penalties for international trafficking in child pornography.
Sec. 825. Sense of Congress concerning State legislation regarding child pornog-
raphy.
Subtitle E—Rules of Evidence, Practice and Procedure
Sec. 831. Admissibility of evidence of similar crimes in sex offense cases.
Subtitle F—Sexually Violent Predators
Sec. 841. Short title.
Sec. 842. Findings.
Sec. 843. Definitions.
Sec. 844. Establishment of program.
TITLE IX—CRIME VICTIMS
Subtitle A—Victims’ Rights
Sec. 901. Victim’s right of allocution in sentencing.
Sec. 902. Mandatory restitution and other provisions.
Sec. 903. Sense of Congress concerning the right of a victim of a violent crime
or sexual abuse to speak at an offender’s sentencing hearing and
any parole hearing.
Subtitle B—Crime Victims’ Fund
Sec. 911. Amounts of funds for costs and grants.
Sec. 912. Relationship of crime victim compensation to certain Federal programs.
Sec. 913. Administrative costs for crime victim compensation.
Sec. 914. Use of unspent 1402(d)(2) money.
Sec. 915. Grants for demonstration projects.
Sec. 916. Administrative costs for crime victim assistance.
Sec. 917. Maintenance of effort.
Subtitle C—Senior Citizens
Sec. 921. Short title.
Sec. 922. Findings.
Sec. 923. Purposes.
Sec. 924. National assessment and dissemination.
Sec. 925. Pilot programs.
Sec. 926. Training assistance, evaluation, and dissemination awards.
Sec. 927. Report.
Sec. 928. Authorization of appropriations.
TITLE X—STATE AND LOCAL LAW ENFORCEMENT
Subtitle A—DNA Identification
Sec. 1001. Short title.
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Sec. 2964. Report on battered women’s syndrome.
Sec. 2965. Wiretaps.
Sec. 2966. Theft of major artwork.
Sec. 2967. Balance in the criminal justice system.
Sec. 2968. Misuse of initials ‘‘DEA’’.
Sec. 2969. Addition of attempted robbery, kidnapping, smuggling, and property
damage offenses to eliminate inconsistencies and gaps in cov-
erage.
Sec. 2970. Definition of livestock.
Sec. 2971. Extension of statute of limitations for arson.
Sec. 2972. Gun-free school zones.
TITLE XXX—TECHNICAL CORRECTIONS
Sec. 3001. Amendments relating to Federal financial assistance for law enforce-
ment.
Sec. 3002. General title 18 corrections.
Sec. 3003. Corrections of erroneous cross references and misdesignations.
Sec. 3004. Repeal of obsolete provisions in title 18.
Sec. 3005. Correction of drafting error in the Foreign Corrupt Practices Act.
Sec. 3006. Elimination of redundant penalty provision in 18 U.S.C. 1116.
Sec. 3007. Elimination of redundant penalty.
Sec. 3008. Corrections of misspellings and grammatical errors.
Sec. 3009. Other technical amendments.
Sec. 3010. Corrections of errors found during codification.
Sec. 3011. Problems related to execution of prior amendments.
Sec. 3012. Amendments to section 1956 of title 18 to eliminate duplicate predi-
cate crimes.
Sec. 3013. Amendments to part V of title 18.
TITLE XXXI—DRIVER’S PRIVACY PROTECTION ACT
Sec. 3101. Short title; purpose.
Sec. 3102. Amendment to title 18, United States Code.
Sec. 3103. Effective date.
TITLE XXXII—VIOLENCE AGAINST WOMEN; SAFE STREETS FOR
WOMEN
Sec. 3201. Violence against women; short title.
Sec. 3202. Safe streets for women; short title.
Subtitle A—Federal Penalties for Sex Crimes
Sec. 3211. Repeat offenders.
Sec. 3212. Federal penalties.
Sec. 3213. Mandatory restitution for sex crimes.
Sec. 3214. Authorization for Federal victim’s counselors.
Subtitle B—Law Enforcement and Prosecution Grants to Reduce Violent
Crimes Against Women
Sec. 3221. Grants to combat violent crimes against women.
Subtitle C—Safety for Women in Public Transit and Public Parks
Sec. 3231. Grants for capital improvements to prevent crime in public transpor-
tation.
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Sec. 3232. Grants for capital improvements to prevent crime in national parks.
Sec. 3233. Grants for capital improvements to prevent crime in public parks.
Subtitle D—National Commission on Violence Against Women
Sec. 3241. Establishment.
Sec. 3242. General purposes of Commission.
Sec. 3243. Membership.
Sec. 3244. Commission operations.
Sec. 3245. Reports.
Sec. 3246. Executive director and staff.
Sec. 3247. Powers of Commission.
Sec. 3248. Authorization of appropriations.
Sec. 3249. Termination.
Subtitle E—New Evidentiary Rules
Sec. 3251. Sexual history in all criminal cases.
Sec. 3252. Sexual history in civil cases.
Sec. 3253. Amendments to rape shield law.
Sec. 3254. Evidence of clothing.
Subtitle F—Assistance to Victims of Sexual Assault
Sec. 3261. Education and prevention grants to reduce sexual assaults against
women.
Sec. 3262. Rape exam payments.
Sec. 3263. Education and prevention grants to reduce sexual abuse of female run-
away, homeless, and street youth.
Sec. 3264. Victim’s right of allocution in sentencing.
TITLE XXXIII—SAFE HOMES FOR WOMEN
Sec. 3301. Short title.
Subtitle A—Family Violence Prevention and Services Act Amendments
Sec. 3311. Grant for a national domestic violence hotline.
Subtitle B—Interstate Enforcement
Sec. 3321. Interstate enforcement.
Subtitle C—Arrest in Spousal Abuse Cases
Sec. 3331. Encouraging arrest policies.
Subtitle D—Domestic Violence, Family Support, and Shelter Grants
Sec. 3341. Domestic violence and family support grant program.
Subtitle E—Family Violence Prevention and Services Act Amendments
Sec. 3351. Grantee reporting.
Subtitle F—Youth Education and Domestic Violence
Sec. 3361. Educating youth about domestic violence.
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Subtitle G—Confidentiality for Abused Persons
Sec. 3371. Confidentiality of abused person’s address.
Subtitle H—Technical Amendments
Sec. 3381. Definitions.
Sec. 3382. Special issue resource centers.
Sec. 3383. State domestic violence coalitions.
Subtitle I—Data and Research
Sec. 3391. Research agenda.
Sec. 3392. State databases.
Sec. 3393. Number and cost of injuries.
TITLE XXXIV—CIVIL RIGHTS
Sec. 3401. Short title.
Sec. 3402. Civil rights.
Sec. 3403. Attorney’s fees.
Sec. 3404. Sense of the Senate concerning protection of the privacy of rape vic-
tims.
TITLE XXXV—SAFE CAMPUSES FOR WOMEN
Sec. 3501. Authorization of appropriations.
TITLE XXXVI—EQUAL JUSTICE FOR WOMEN IN THE COURTS ACT
Sec. 3601. Short title.
Subtitle A—Education and Training for Judges and Court Personnel in State
Courts
Sec. 3611. Grants authorized.
Sec. 3612. Training provided by grants.
Sec. 3613. Cooperation in developing programs in making grants under this title.
Sec. 3614. Authorization of appropriations.
Subtitle B—Education and Training for Judges and Court Personnel in
Federal Courts
Sec. 3621. Authorizations of circuit studies; education and training grants.
Sec. 3622. Authorization of appropriations.
TITLE XXXVII—VIOLENCE AGAINST WOMEN ACT IMPROVEMENTS
Sec. 3701. Pre-trial detention in sex offense cases.
Sec. 3702. Increased penalties for sex offenses against victims below the age of
16.
Sec. 3703. Payment of cost of HIV testing.
Sec. 3704. Extension and strengthening of restitution.
Sec. 3705. Enforcement of restitution orders through suspension of Federal bene-
fits.
Sec. 3706. Inadmissibility of evidence to show provocation or invitation by victim
in sex offense cases.
Sec. 3707. National baseline study on campus sexual assault.
Sec. 3708. Report on battered women’s syndrome.
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Sec. 3709. Report on confidentiality of addresses for victims of domestic violence.
Sec. 3710. Report on recordkeeping relating to domestic violence.
Sec. 3711. Report on fair treatment in legal proceedings.
Sec. 3712. Report on Federal rule of evidence 404.
Sec. 3713. Supplementary grants for States adopting effective laws relating to
sexual violence.
TITLE XXXVIII—ENHANCED PENALTIES FOR ANTI-FRAUD
ENFORCEMENT EFFORTS
Sec. 3801. Short title.
Subtitle A—Amendments to Criminal Law
Sec. 3811. Health care fraud.
Sec. 3812. Forfeitures for Federal health care offenses.
Sec. 3813. Injunctive relief relating to Federal health care offenses.
Sec. 3814. Racketeering activity relating to Federal health care offenses.
Subtitle B—Amendments to Civil False Claims Act
Sec. 3821. Amendments to Civil False Claims Act.
TITLE XXXIX—SENIOR CITIZENS AGAINST MARKETING SCAMS
Sec. 3901. Short title.
Sec. 3902. Findings and declaration.
Sec. 3903. Enhanced penalties for telemarketing fraud.
Sec. 3904. Forfeiture of fraud proceeds.
Sec. 3905. Increased penalties for fraud against older victims.
Sec. 3906. Rewards for information leading to prosecution and conviction.
Sec. 3907. Authorization of appropriations.
Sec. 3908. Broadening application of mail fraud statute.
Sec. 3909. Fraud and related activity in connection with access devices.
Sec. 3910. Information network.
TITLE XL—CHILD SAFETY
Sec. 4001. Short title.
Sec. 4002. Findings.
Sec. 4003. Purpose.
Sec. 4004. Demonstration grants for supervised visitation centers.
Sec. 4005. Demonstration grant application.
Sec. 4006. Evaluation of demonstration projects.
Sec. 4007. Special grants to study the effect of supervised visitation on sexually
abused or severely physically abused children.
Sec. 4008. Reporting.
Sec. 4009. Authorization of appropriations.
TITLE XLI—FAMILY UNITY DEMONSTRATION PROJECT
Subtitle A—Family Unity Demonstration Project
Sec. 4101. Short title.
Sec. 4102. Findings and purposes.
Sec. 4103. Definitions.
Sec. 4104. Authorization of appropriations.
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Subtitle B—Grants to States
Sec. 4111. Authority to make grants.
Sec. 4112. Eligibility to receive grants.
Sec. 4113. Report.
Subtitle C—Family Unity Demonstration Project for Federal Prisoners
Sec. 4121. Authority of the Attorney General.
Sec. 4122. Requirements.
TITLE XLII—DOMESTIC VIOLENCE
Sec. 4201. Short title.
Sec. 4202. Findings.
Sec. 4203. Prohibition against disposal of firearms to, or receipt of firearms by,
persons who have committed domestic abuse.
TITLE XLIII—MISSING AND EXPLOITED CHILDREN
Sec. 4301. Short title.
Sec. 4302. Findings.
Sec. 4303. Purpose.
Sec. 4304. Establishment of task force.
TITLE XLIV—PUBLIC CORRUPTION
Sec. 4401. Short title.
Sec. 4402. Public corruption.
Sec. 4403. Interstate commerce.
Sec. 4404. Narcotics-related public corruption.
TITLE XLV—SEMIAUTOMATIC ASSAULT WEAPONS
Sec. 4501. Short title.
Sec. 4502. Restriction on manufacture, transfer, and possession of certain semi-
automatic assault weapons.
Sec. 4503. Exemption for firearms lawfully possessed prior to date of enactment.
Sec. 4504. Exemption for certain hunting and sporting firearms.
Sec. 4505. Exemptions for governmental and experimental use.
Sec. 4506. Recordkeeping requirements and related restrictions.
Sec. 4507. Ban of large capacity ammunition feeding devices.
Sec. 4508. Study by Attorney General.
Sec. 4509. Effective date.
Sec. 4510. Appendix A to section 922 of title 18.
TITLE XLVI—RECREATIONAL HUNTING SAFETY
Sec. 4601. Short title.
Sec. 4602. Findings.
Sec. 4603. Definitions.
Sec. 4604. Obstruction of a lawful hunt.
Sec. 4605. Civil penalties.
Sec. 4606. Other relief.
Sec. 4607. Relationship to State and local law and civil actions.
Sec. 4608. Regulations.
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TITLE XLVII—CORRECTIONAL JOB TRAINING AND PLACEMENT
Sec. 4701. Short title.
Sec. 4702. Correctional job training and placement.
TITLE XLVIII—POLICE PARTNERSHIPS FOR CHILDREN
Sec. 4801. Short title.
Sec. 4802. Findings.
Sec. 4803. Purposes.
Sec. 4804. Definitions.
Sec. 4805. Grants authorized.
Sec. 4806. Applications.
Sec. 4807. Training and technical assistance.
Sec. 4808. Evaluation and reports.
Sec. 4809. Authorization of appropriations.
TITLE XLVIX—NATIONAL COMMUNITY ECONOMIC PARETNERSHIP
Sec. 4901. Short title.
Subtitle A—Community Economic Partnership Investment Funds
Sec. 4911. Purpose.
Sec. 4912. Provision of assistance.
Sec. 4913. Approval of applications.
Sec. 4914. Availability of lines of credit and use.
Sec. 4915. Limitations on use of funds.
Sec. 4916. Program priority for special emphasis programs.
Subtitle B—Emerging Community Development Corporations
Sec. 4921. Community Development Corporation improvement grants.
Sec. 4922. Emerging Community Development Corporation revolving loan funds.
Subtitle C—Miscellaneous Provisions
Sec. 4931. Definitions.
Sec. 4932. Authorization of appropriations.
Sec. 4933. .Prohibition.
TITLE L—DEPORTATION OF ALIENS CONVICTED OF CRIMES
Sec. 5001. Expansion of definition of aggravated felony.
Sec. 5002. Deportation procedures for certain criminal aliens who are not perma-
nent residents.
Sec. 5003. Judicial deportation.
Sec. 5004. Restricting defenses to deportation for certain criminal aliens.
Sec. 5005. Enhancing penalties for failing to depart, or reentering, after final
order of deportation.
Sec. 5006. Miscellaneous and technical changes.
Sec. 5007. Criminal alien tracking center.
TITLE LI—GENERAL PROVISIONS
Sec. 5101. Crediting of ‘‘good time’’.
Sec. 5102. Prohibition on payment of Federal benefits to illegal aliens.
Sec. 5103. Civil Rights of Institutionalized Persons Act
Sec. 5104. Awards of attorney’s fees.
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Sec. 5105. Task force and criminal penalties relating to the introduction of
nonindigenous species.
Sec. 5106. Sense of the Senate regarding the role of the United Nations in inter-
national organized crime control.
Sec. 5107. Task force on prison construction standardization and techniques.
Sec. 5108. Report on success of Royal Hong Kong Police recruitment.
Sec. 5109. Interstate wagering.
Sec. 5110. Removal of alien terrorists.
Sec. 5111. Mandatory life imprisonment of persons convicted of a third violent
felony.
Sec. 5112. Efficiency in law enforcement and corrections.
Sec. 5113. Restriction on payment of benefits to individuals confined by court
order to public institutions pursuant to verdicts of not guilty by
reason of insanity or other mental disorder.
Sec. 5114. Definition.
Sec. 5115. Driving while intoxicated prosecution program.
Sec. 5116. Parental accountability.
Sec. 5117. Protection of recipients in counterterrorism rewards program.
Sec. 5118. Violent crime and drug emergency areas.
Sec. 5119. State and local cooperation with the United States Immigration and
Naturalization Service.
Sec. 5120. Amendments to the Department of Education Organization Act and
the National Literacy Act of 1991.
Sec. 5121. Prevention, diagnosis, and treatment of tuberculosis in correctional in-
stitutions.
Sec. 5122. Establishment of community programs on domestic violence.
Sec. 5123. Hate Crimes Statistics Act.
Sec. 5124. Penalties for document fraud.
Sec. 5125. Use of antiloitering laws to fight crime.
Sec. 5126. Victims of child abuse programs.
Sec. 5127. Law Day U.S.A.
Sec. 5128. Treatment of Indian tribes under title I of the Omnibus Crime Control
and Safe Streets Act of 1968.
Sec. 5129. Agreement to assist in locating missing children under the Parent Lo-
cator Service.
Sec. 5130. Solicitation of minor to commit crime.
Sec. 5131. Asylum.
Sec. 5132. Federal Judiciary.
Sec. 5133. Control and prevention of crime in Indian country.
Sec. 5134. Civil statute of limitations for tort actions brought by the RTC.
Sec. 5135. Awards of Pell Grants to prisoners prohibited.
Sec. 5136. Transfer of certain alien criminals to Federal facilities.
Sec. 5137. Federal assistance to ease the increased burdens on State court systems
resulting from enactment of this Act.
Sec. 5138. To improve Federal and State automated fingerprint systems to iden-
tify more criminal suspects.
Sec. 5139. Appropriate remedies for prison overcrowding.
Sec. 5140. Establishment of community programs on domestic violence.
Sec. 5141. Sense of the Senate.
Sec. 5142. Child-centered activities.
Sec. 5143. Olympic youth development centers.
Sec. 5144. Authority to release certain confidential information relating to aliens.
Sec. 5145. Children and youth utilizing Federal land.
Sec. 5146. Bankruptcy fraud.
Sec. 5147. Handguns in schools.
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Sec. 5148. Sense of the Senate regarding a study on out-of-wedlock births.
Sec. 5149. Congressional approval of any expansion at Lorton and congressional
hearings on future needs.
Sec. 5150. National Narcotics Leadership Act.
Sec. 5151. Supreme Court marshals and police.
Sec. 5152. Extension of full-time status of members of the United States Sentenc-
ing Commission.
Sec. 5153. Sense of the Senate that able-bodied convicted felons in the Federal
prison system work.
Sec. 5154. First time domestic violence offender rehabilitation program.
Sec. 5155. Asset forfeiture.
Sec. 5156. Clarification of definition of a ‘‘Court of the United States’’ to include
the District Courts for Guam, the Northern Mariana Islands,
and the Virgin Islands.
Sec. 5157. Extradition.
Sec. 5158. Expedited deportation for denied asylum applicants.
Sec. 5159. Improving border controls.
Sec. 5160. Expanded special deportation proceedings.
Sec. 5161. Construction of INS service processing centers to detain criminal
aliens.
Sec. 5162. Assistant United States attorney residency.
Sec. 5163. Gang resistance education and training projects.
Sec. 5164. Law enforcement personnel.
Sec. 5165. Review by the Attorney General of Federal prison capacity and con-
struction and operational standards for State and local correc-
tions facilities.
Sec. 5166. Coordination of substance abuse treatment and prevention programs.
Sec. 5167. Juvenile anti-drug and anti-gang grants in federally assisted low-in-
come housing.
Sec. 5168. Definitions.
TITLE I—PUBLIC SAFETY AND
POLICING
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Public Safety Partner-
ship and Community Policing Act of 1993’’.
SEC. 102. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds that—
(1) according to data compiled by the Federal
Bureau of Investigation, in 1961, there was approxi-
mately 1 reported violent crime per city police officer,
but while from 1961 to 1991 there was no substantial
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increase in United States cities’ police employment
rate, during the same period the number of reported
violent crimes per city police officer rose to approxi-
mately 4.6 per officer;
(2) National Crime Survey figures indicate that
nearly 5,000,000 households in the United States had
at least 1 member who had been a victim of violent
crime during 1991;
(3) these victims of violence experienced more
than 6,400,000 crimes of which about one-half were
reported to law enforcement authorities;
(4) community-oriented policing (‘‘cops on the
beat’’) enhances communication and cooperation be-
tween law enforcement and members of the commu-
nity;
(5) such communication and cooperation between
law enforcement and members of the community sig-
nificantly assists in preventing and controlling crime
and violence, thus enhancing public safety; and
(6) while increasing and maintaining police re-
sources and presence in the community are the long-
term responsibility of State and local governments,
State and local law enforcement agencies are in need
of immediate assistance to begin the process of rehir-
ing officers who have been laid off for budgetary rea-
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sons and hiring new, additional officers to assist in
the implementation of community-oriented policing.
(b) PURPOSES.—The purposes of this title are to—
(1) substantially increase the number of law en-
forcement officers interacting directly with members
of the community (‘‘cops on the beat’’);
(2) provide additional and more effective train-
ing to law enforcement officers to enhance their prob-
lem solving, service, and other skills needed in inter-
acting with members of the community;
(3) encourage the development and implementa-
tion of innovative programs to permit members of the
community to assist State and local law enforcement
agencies in the prevention of crime in the community;
and
(4) encourage the development of new tech-
nologies to assist State and local law enforcement
agencies in reorienting the emphasis of their activities
from reacting to crime to preventing crime,
by establishing a program of grants and assistance in fur-
therance of these objectives, including the authorization for
a period of 6 years of grants for the hiring and rehiring
of additional career law enforcement officers.
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SEC. 103. COMMUNITY POLICING; ‘‘COPS ON THE BEAT’’.
(a) IN GENERAL.—Title I of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.)
is amended—
(1) by redesignating part Q as part R;
(2) by redesignating section 1701 as section
1801; and
(3) by inserting after part P the following new
part:
‘‘PART Q—PUBLIC SAFETY AND CITY POLICING;
‘COPS ON THE BEAT’
‘‘SEC. 1701. AUTHORITY TO MAKE PUBLIC SAFETY AND COM-
MUNITY POLICING GRANTS.
‘‘(a) GRANT AUTHORIZATION.—The Attorney General
may make grants to units of State and local government,
and to other public and private entities, to increase police
presence, to expand and improve cooperative efforts between
law enforcement agencies and members of the community
to address crime and disorder problems, and otherwise to
enhance public safety.
‘‘(b) REHIRING
AND HIRING GRANT PROJECTS.—
Grants made under subsection (a) may be used for pro-
grams, projects, and other activities to—
‘‘(1) rehire law enforcement officers who have
been laid off as a result of State and local budget re-
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ductions for deployment in community-oriented polic-
ing; and
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‘‘(2) hire new, additional career law enforcement
officers for deployment in community-oriented polic-
ing across the Nation.
‘‘(c) TROOPS-TO-COPS PROGRAMS.—(1) Grants made
under subsection (a) may be used to hire former members
of the Armed Forces to serve as career law enforcement offi-
cers for deployment in community-oriented policing, par-
ticularly in communities that are adversely affected by a
recent military base closing.
‘‘(2) In this subsection, ‘former member of the Armed
Forces’ means a member of the Armed Forces of the United
States who is involuntarily separated from the Armed
Forces within the meaning of section 1141 of title 10, Unit-
ed States Code.
‘‘(d) ADDITIONAL GRANT PROJECTS.—Grants made
under subsection (a) may include programs, projects, and
other activities to—
‘‘(1) increase the number of law enforcement offi-
cers involved in activities that are focused on inter-
action with members of the community on proactive
crime control and prevention by redeploying officers
to such activities;
‘‘(2) provide specialized training to law enforce-
ment officers to enhance their conflict resolution, me-
diation, problem solving, service, and other skills
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needed to work in partnership with members of the
community;
‘‘(3) increase police participation in multidisci-
plinary early intervention teams;
‘‘(4) develop new technologies to assist State and
local law enforcement agencies in reorienting the em-
phasis of their activities from reacting to crime to
preventing crime;
‘‘(5) develop and implement innovative programs
to permit members of the community to assist State
and local law enforcement agencies in the prevention
of crime in the community, such as a citizens police
academy, including programs designed to increase the
level of access to the criminal justice system enjoyed
by victims, witnesses, and ordinary citizens by estab-
lishing decentralized satellite offices (including video
facilities) of principal criminal courts buildings;
‘‘(6) establish innovative programs to reduce,
and keep to a minimum, the amount of time that law
enforcement officers must be away from the commu-
nity while awaiting court appearances;
‘‘(7) establish and implement innovative pro-
grams to increase and enhance proactive crime con-
trol and prevention programs involving law enforce-
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ment officers and young persons in the community;
and
‘‘(8) develop and establish new administrative
and managerial systems to facilitate the adoption of
community-oriented policing as an organization-wide
philosophy.
‘‘(e) PREFERENTIAL CONSIDERATION
OF APPLICA-
TIONS FOR CERTAIN GRANTS.—In awarding grants under
this part, the Attorney General shall give preferential con-
sideration, where feasible, to applications for hiring and re-
hiring additional career law enforcement officers that in-
volve—
(1) a non-Federal contribution exceeding the 25
percent minimum under subsection (i); and
(2) hiring former members of the Armed Forces
to serve as career law enforcement officers under sub-
section (c).
‘‘(f) TECHNICAL ASSISTANCE.—(1) The Attorney Gen-
eral may provide technical assistance to units of State and
local government, and to other public and private entities,
in furtherance of the purposes of the Public Safety Partner-
ship and Community Policing Act of 1993.
‘‘(2) The technical assistance provided by the Attorney
General may include the development of a flexible model
that will define for State and local governments, and other
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public and private entities, definitions and strategies asso-
ciated with community or problem-oriented policing and
methodologies for its implementation.
‘‘(3) The technical assistance provided by the Attorney
General may include the establishment and operation of
training centers or facilities, either directly or by contract-
ing or cooperative arrangements. The functions of the cen-
ters or facilities established under this paragraph may in-
clude instruction and seminars for police executives, man-
agers, trainers and supervisors concerning community or
problem-oriented policing and improvements in police-com-
munity interaction and cooperation that further the pur-
poses of the Public Safety Partnership and Community Po-
licing Act of 1993.
‘‘(g) UTILIZATION
OF COMPONENTS.—The Attorney
General may utilize any component or components of the
Department of Justice in carrying out this part.
‘‘(h) MINIMUM AMOUNT.—Each qualifying State, to-
gether with grantees within the State, shall receive in each
fiscal year pursuant to subsection (a) not less than 0.6 per-
cent of the total amount appropriated in the fiscal year for
grants pursuant to that subsection. In this subsection,
‘qualifying State’ means any State which has submitted an
application for a grant, or in which an eligible entity has
submitted an application for a grant, which meets the re-
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quirements prescribed by the Attorney General and the con-
ditions set out in this part.
‘‘(i) MATCHING FUNDS.—The portion of the costs of
a program, project, or activity provided by a grant under
subsection (a) may not exceed 75 percent, unless the Attor-
ney General waives, wholly or in part, the requirement
under this subsection of a non-Federal contribution to the
costs of a program, project, or activity. In relation to a
grant for a period exceeding 1 year for hiring or rehiring
career law enforcement officers, the Federal share shall de-
crease from year to year for up to 5 years, looking toward
the continuation of the increased hiring level using State
or local sources of funding following the conclusion of Fed-
eral support, as provided in an approved plan pursuant
to section 1702(c)(8).
‘‘(j) ALLOCATION
OF FUNDS.—The funds available
under this part shall be allocated as provided in section
1001(a)(11)(B).
‘‘(k) TERMINATION OF GRANTS FOR HIRING OFFI-
CERS.—The authority under subsection (a) of this section
to make grants for the hiring and rehiring of additional
career law enforcement officers shall lapse at the conclusion
of 6 years from the date of enactment of this part. Prior
to the expiration of this grant authority, the Attorney Gen-
eral shall submit a report to Congress concerning the experi-
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ence with and effects of such grants. The report may include
any recommendations the Attorney General may have for
amendments to this part and related provisions of law in
light of the termination of the authority to make grants for
the hiring and rehiring of additional career law enforce-
ment officers.
‘‘SEC. 1702. APPLICATIONS.
‘‘(a) IN GENERAL.—No grant may be made under this
part unless an application has been submitted to, and ap-
proved by, the Attorney General.
‘‘(b) APPLICATION.—An application for a grant under
this part shall be submitted in such form, and contain such
information, as the Attorney General may prescribe by reg-
ulation or guidelines.
‘‘(c) CONTENTS.—In accordance with the regulations
or guidelines established by the Attorney General, each ap-
plication for a grant under this part shall—
‘‘(1) include a long-term strategy and detailed
implementation plan that reflects consultation with
community groups and appropriate private and pub-
lic agencies and reflects consideration of the statewide
strategy under section 503(a)(1);
‘‘(2) demonstrate a specific public safety need;
‘‘(3) explain the locality’s inability to address
the need without Federal assistance;
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‘‘(4) identify related governmental and commu-
nity initiatives which complement or will be coordi-
nated with the proposal;
‘‘(5) certify that there has been appropriate co-
ordination with all affected agencies;
‘‘(6) outline the initial and ongoing level of com-
munity support for implementing the proposal in-
cluding financial and in-kind contributions or other
tangible commitments;
‘‘(7) specify plans for obtaining necessary sup-
port and continuing the proposed program, project, or
activity following the conclusion of Federal support;
and
‘‘(8) if the application is for a grant for hiring
or rehiring additional career law enforcement offi-
cers—
‘‘(A) specify plans for the assumption by
the grantee of a progressively larger share of the
cost in the course of time, looking toward the
continuation of the increased hiring level using
State or local sources of funding following the
conclusion of Federal support;
‘‘(B) assess the impact, if any, of the in-
crease in police resources on other components of
the criminal justice system; and
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‘‘(C) explain how the grant will be utilized
to reorient the affected law enforcement agency’s
mission toward community-oriented policing or
enhance its involvement in or commitment to
community-oriented policing.
‘‘SEC. 1703. REVIEW OF APPLICATIONS BY STATE OFFICE.
‘‘(a) IN GENERAL.—Except as provided in subsection
(c) or (d), an applicant for a grant under this part shall
submit an application to the State office designated under
section 507 in the State in which the applicant is located
for initial review.
‘‘(b) INITIAL REVIEW OF APPLICATION.—(1) The State
office referred to in subsection (a) shall review applications
for grants under this part submitted to it, based upon cri-
teria specified by the Attorney General by regulation or
guidelines.
‘‘(2) Upon completion of the reviews required by para-
graph (1), the State office referred to in subsection (a) shall
determine which, if any, of the applications for grants
under this part are most likely to be successful in achieving
the purposes of the Public Safety Partnership and Commu-
nity Policing Act of 1993.
‘‘(3)(A) The State office referred to in subsection (a)
shall list the applications for grants under this part in
order of their likelihood of achieving the purposes of the
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Public Safety Partnership and Community Policing Act of
1993 and shall submit the list along with all grant applica-
tions and supporting materials received to the Attorney
General.
‘‘(B) In making the submission to the Attorney Gen-
eral required by subparagraph (A), the State office referred
to in subsection (a) may recommend that a particular ap-
plication or applications should receive special priority and
provide supporting reasons for the recommendation.
‘‘(c) DIRECT APPLICATION TO THE ATTORNEY GEN-
ERAL BY CERTAIN MUNICIPALITIES.—Notwithstanding sub-
section (a), municipalities the population of which exceeds
150,000 may submit an application for a grant under this
part directly to the Attorney General. In this subsection,
‘municipalities the population of which exceeds 150,000’
means units of local government or law enforcement agen-
cies having jurisdiction over areas with populations exceed-
ing 150,000, and consortia or associations that include one
or more such units of local government or law enforcement
agencies.
‘‘(d) DIRECT APPLICATION TO THE ATTORNEY GEN-
ERAL BY OTHER APPLICANTS.—(1) Notwithstanding sub-
section (a), if a State chooses not to carry out the functions
described in subsection (b), an applicant in the State may
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submit an application for a grant under this part directly
to the Attorney General.
‘‘(2) Notwithstanding subsection (a), an applicant that
is an Indian tribe or tribal law enforcement agency may
submit an application for a grant under this part directly
to the Attorney General.
‘‘SEC. 1704. RENEWAL OF GRANTS.
‘‘(a) IN GENERAL.—Except for grants made for hiring
or rehiring additional career law enforcement officers, a
grant under this part may be renewed for up to 2 addi-
tional years after the first fiscal year during which a recipi-
ent receives its initial grant, if the Attorney General deter-
mines that the funds made available to the recipient were
used in a manner required under an approved application
and if the recipient can demonstrate significant progress
in achieving the objectives of the initial application.
‘‘(b) GRANTS FOR HIRING.—Grants made for hiring
or rehiring additional career law enforcement officers may
be renewed for up to 5 years, subject to the requirements
of subsection (a), but notwithstanding the limitation in that
subsection concerning the number of years for which grants
may be renewed.
‘‘(c) MULTIYEAR GRANTS.—A grant for a period ex-
ceeding 1 year may be renewed as provided in this section,
except that the total duration of such a grant including any
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renewals may not exceed 3 years, or 6 years if it is a grant
made for hiring or rehiring additional career law enforce-
ment officers.
‘‘SEC. 1705. LIMITATION ON USE OF FUNDS.
‘‘(a) NONSUPPLANTING REQUIREMENT.—Funds made
available under this part to State or local governments or
to Indian tribal governments shall not be used to supplant
State or local funds, or, in the case of Indian tribes, funds
supplied by the Department of the Interior, but shall be used
to increase the amount of funds that would, in the absence
of Federal funds received under this part, be made available
from State or local sources, or in the case of Indian tribes,
from funds supplied by the Department of the Interior.
‘‘(b) ADMINISTRATIVE COSTS.—No more than 5 per-
cent of the funds available under this part may be used
for the costs of States in carrying out the functions de-
scribed in section 1703(b) or other administrative costs.
‘‘(c) NON-FEDERAL COSTS.—State and local units of
government may use assets received through the Assets For-
feiture equitable sharing program to cover the non-Federal
portion of programs, projects, and activities funded under
this part.
‘‘(d) HIRING COSTS.—Annual funding provided under
this part for hiring or rehiring a career law enforcement
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officer may not exceed $50,000, unless the Attorney General
grants a waiver from this limitation.
‘‘SEC. 1706. PERFORMANCE EVALUATION.
‘‘(a) EVALUATION
COMPONENTS.—Each program,
project, or activity funded under this part shall contain an
evaluation component, developed pursuant to guidelines es-
tablished by the Attorney General. The evaluations required
by this subsection shall include outcome measures that can
be used to determine the effectiveness of the funded pro-
grams, projects, and activities. Outcome measures may in-
clude crime and victimization indicators, quality of life
measures, community perceptions, and police perceptions of
their own work.
‘‘(b) PERIODIC REVIEW AND REPORTS.—The Attorney
General shall review the performance of each grant recipient
under this part. The Attorney General may require a grant
recipient to submit to the Attorney General the results of
the evaluations required under subsection (a) and such
other data and information as the Attorney General deems
reasonably necessary to carry out the responsibilities under
this subsection.
‘‘SEC. 1707. REVOCATION OR SUSPENSION OF FUNDING.
‘‘If the Attorney General determines, as a result of the
reviews required by section 1706, or otherwise, that a grant
recipient under this part is not in substantial compliance
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with the terms and requirements of an approved grant ap-
plication submitted under section 1702, the Attorney Gen-
eral may revoke or suspend funding of that grant, in whole
or in part.
‘‘SEC. 1708. ACCESS TO DOCUMENTS.
‘‘(a) BY
THE ATTORNEY GENERAL.—The Attorney
General shall have access for the purpose of audit and exam-
ination to any pertinent books, documents, papers, or
records of a grant recipient under this part and to the perti-
nent books, documents, papers, or records of State and local
governments, persons, businesses, and other entities that are
involved in programs, projects, or activities for which as-
sistance is provided under this part.
‘‘(b) BY THE COMPTROLLER GENERAL.—Subsection
(a) shall apply with respect to audits and examinations
conducted by the Comptroller General of the United States
or by an authorized representative of the Comptroller Gen-
eral.
‘‘SEC. 1709. GENERAL REGULATORY AUTHORITY.
‘‘The Attorney General may promulgate regulations
and guidelines to carry out this part.
‘‘SEC. 1710. DEFINITIONS.
‘‘In this part—
‘‘ ‘Career law enforcement officers’ means a per-
son hired on a permanent basis who is authorized by
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law or by a State or local public agency to engage in
or supervise the prevention, detection, or investigation
of violations of criminal laws.
‘‘ ‘Citizens police academy’ means a program by
local law enforcement agencies or private non profit
organizations in which citizens, especially those who
participate in neighborhood watch programs, are
given training in police policy and procedure, crimi-
nal law, the legal system, crime awareness, personal
safety measures, and ways of facilitating communica-
tion between the community and local law enforce-
ment in the prevention of crime.’ ’’.
(b) TECHNICAL AMENDMENT.—The table of contents of
title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3711, et seq.) is amended by striking
the item relating to part Q and inserting the following:
‘‘PART Q—PUBLIC SAFETY AND COMMUNITY POLICING; ‘COPS ON THE BEAT’
‘‘Sec. 1701. Authority to make public safety and community policing grants.
‘‘Sec. 1702. Applications.
‘‘Sec. 1703. Review of applications by State office.
‘‘Sec. 1704. Renewal of grants.
‘‘Sec. 1705. Limitation on use of funds.
‘‘Sec. 1706. Performance evaluation.
‘‘Sec. 1707. Revocation or suspension of funding.
‘‘Sec. 1708. Access to documents.
‘‘Sec. 1709. General regulatory authority.
‘‘Sec. 1710. Definition.
‘‘PART R—TRANSITION; EFFECTIVE DATE; REPEALER
‘‘Sec. 1801. Continuation of rules, authorities, and proceedings.’’.
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(c) AUTHORIZATION
OF APPROPRIATIONS.—Section
1001(a) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3793) is amended—
(1) in paragraph (3) by striking ‘‘and O’’ and
inserting ‘‘O, P, and Q’’; and
(2) by adding at the end the following new para-
graph:
‘‘(11)(A) There are authorized to be appropriated to
carry out part Q, to remain available until expended—
‘‘(i) $1,035,000,000 for fiscal year 1994;
‘‘(ii) $1,720,000,000 for fiscal year 1995;
‘‘(iii) $2,070,000,000 for fiscal year 1996;
‘‘(iv) $2,270,000,000 for fiscal year 1997; and
‘‘(v) $1,900,000,000 for fiscal year 1998.
‘‘(B) Of funds available under part Q in any fis-
cal year, up to 5 percent may be used for technical
assistance under section 1701(e) or for evaluations or
studies carried out or commissioned by the Attorney
General in furtherance of the purposes of part Q, and
up to 5 percent may be used for the costs of States
in carrying out the functions described in section
1703(b) or other administrative costs. Of the remain-
ing funds, 60 percent shall be allocated for grants
pursuant to applications submitted as provided in
section 1703(a) or (d), and 40 percent shall be allo-
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cated for grants pursuant to applications submitted
as provided in section 1703(c). Of the funds available
in relation to grants pursuant to applications sub-
mitted as provided in section 1703(a) or (d), at least
85 percent shall be applied to grants for the purposes
specified in section 1701(b), and no more than 15
percent may be applied to other grants in furtherance
of the purposes of part Q. Of the funds available in
relation to grants pursuant to applications submitted
as provided in section 1703(c), at least 85 percent
shall be applied to grants for the purposes specified
in section 1701(b), and no more than 15 percent may
be applied to other grants in furtherance of the pur-
poses of part Q. In view of the extraordinary need for
law enforcement in Indian country, an appropriate
amount of funds available under part Q shall be
made available for grants to Indian tribes or tribal
law enforcement agencies.
‘‘(C) Of the amounts available to be expended for
the Voilent Crime Reduction Trust Fund, $75,000,000
is authorized to be expended to constitute an Ounce
of Prevention Fund, to be administered as follows and
for the following purposes:
‘‘(i) The Ounce of Prevention Fund shall be
for the purpose of encouraging and supporting
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the healthy development and nurturance of chil-
dren and youth in order to promote successful
transition into adulthood and for preventing vio-
lent crime through substance abuse treatment
and prevention.
‘‘(ii) Activities to be supported by the Ounce
of Prevention Fund include—
‘‘(I) after school and summer academic
enrichment and recreation conducted in safe
and secure settings and coordinated with
school curricula and programs, mentoring
and tutoring and other activities involving
extensive participation of adult role models,
activities directed at facilitating familiarity
with the labor market and ultimate success-
ful transition into the labor market; and
‘‘(II) substance abuse treatment and
prevention program authorized in the Pub-
lic Health Service Act including outreach
programs for at-risk families.
‘‘(iii) Except for substance abuse treatment
and prevention programs, the children and youth
to be served by Ounce of Prevention programs
shall be of ages appropriate for attendance at ele-
mentary and secondary schools. Applications
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shall be geographically based in particular
neighborhoods or sections of municipalities or
particular segments of rural areas, and applica-
tions shall demonstrate how programs will serve
substantial proportions of children and youth
resident in the target area with activities de-
signed to have substantial impact on the lives of
such children and youth. The Ounce of Preven-
tion Council created herein shall define more
precise statistical and numerical parameters for
target areas, numbers of children to be served,
and substantially of impact of activities to be
undertaken.
‘‘(iv) Applicants may be cities, counties, or
other municipalities, school boards, colleges and
universities, nonprofit corporations, or consortia
of eligible applicants. Applicants must show that
a planning process has occurred that has in-
volved organizations, institutions, and residents
of target areas, including young people, as well
as cooperation between neighborhood-based enti-
ties, municipality-wide bodies, and local private-
sector representatives. Applicants must dem-
onstrate the substantial involvement of neighbor-
hood-based entities in the carrying out of the
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proposed activities. Proposals must demonstrate
that a broad base of collaboration and coordina-
tion will occur in the implementation of the pro-
posed activities, involving cooperation among
youth-serving organizations, schools, health and
social service providers, employers, law enforce-
ment professionals, local government, and resi-
dents of target areas, including young people.
The Ounce of Prevention Council shall set forth
guidelines elaborating these provisions.
‘‘(v) The Ounce of Prevention Council shall
be chaired by the Attorney General and the Sec-
retaries of Education and Health and Human
Services, and shall include the Secretaries of Ag-
riculture, Housing and Urban Development, and
Labor, and the Director of the Office of National
Drug Control Policy. Such sums as shall be nec-
essary shall be appropriated for staff of the
Ounce of Prevention Council, which will be head-
ed by a Director chosen by the Council. The
Council shall make grant awards under this pro-
gram and develop appropriate guidelines for the
grant application process.
‘‘(vi) The portion of the costs of a program,
project, or activity provided by a grant under
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yond a reasonable doubt at the hearing under section
3593—
‘‘(A) intentionally killed the victim;
‘‘(B) intentionally inflicted serious bodily
injury that resulted in the death of the victim;
‘‘(C) intentionally participated in an act,
contemplating that the life of a person would be
taken or intending that lethal force would be
used in connection with a person, other than one
of the participants in the offense, and the victim
died as a direct result of the act; or
‘‘(D) intentionally and specifically engaged
in an act, knowing that the act created a grave
risk of death to a person, other than one of the
participants in the offense, such that participa-
tion in the act constituted a reckless disregard
for human life and the victim died as a direct
result of the act,
shall be sentenced to death if, after consideration of the fac-
tors set forth in section 3592 in the course of a hearing
held pursuant to section 3593, it is determined that imposi-
tion of a sentence of death is justified, except that no person
may be sentenced to death who was less than 18 years of
age at the time of the offense.
‘‘(b) a defendant who has been found guilty of—
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‘‘(1) 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 criminal enter-
prise offense under the conditions described in sub-
section (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 de-
scribed in subsection (b)(2)(B);
‘‘(2) 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 criminal enter-
prise offense under that section, where the defendant
is a principal administrator, organizer, or leader of
such an enterprise, and the defendant, in order to ob-
struct the investigation or prosecution of the enter-
prise or an offense involved in the enterprise, at-
tempts to kill or knowlingly directs, advises, author-
izes, or assists another to attempt to kill any public
officer, juror, witness, or members of the family or
household of such a person;
‘‘(3) an offense constituting a felony violation of
the Controlled Substances Act (21 U.S.C. 801 et seq.),
the Controlled Substances Import and Export Act (21
U.S.C. 951 et seq.), or the Maritime Drug Law En-
forcement Act (46 U.S.C. App. 1901 et seq.), where
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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 con-
trolled substance involved in the violation;
shall be sentenced to death if, after consideration of the fac-
tors set forth in section 3592, including the aggravating fac-
tors set forth at subsection (c) below, in the course of a hear-
ing held pursuant to section 3593, it is determined that
imposition of a sentence of death is justified, except that
no person may be sentenced to death who was less than 18
years of age at the time of the offense.
‘‘(c) AGGRAVATING FACTORS
FOR DRUG OFFENSE
DEATH PENALTY.—In determining whether a sentence of
death is justified for an offense described in subsection (b)
above, the jury, or if there is no jury, the court, shall con-
sider each of the following aggravating factors and deter-
mine which, if any, exist:
‘‘(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 of-
fense resulting in the death of a person, for which a
sentence of life imprisonment or death was authorized
by statute.
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‘‘(2) PREVIOUS CONVICTION OF OTHER SERIOUS
OFFENSES.—The defendant has previously been con-
victed of two or more Federal or State offenses, each
punishable by a term of imprisonment of more than
one year, committed on different occasions, involving
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 in-
fliction 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 manu-
facture, distribution, importation, or possession of a
controlled substance (as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802)) for which
a sentence of five or more years of imprisonment 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 defendant
used a firearm or knowingly directed, advised, au-
thorized, or assisted another to use a firearm to
threaten, intimidate, assault, or injure a person.
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‘‘(5) DISTRIBUTION TO PERSONS UNDER 21.—
The offense, or a continuing criminal enterprise of
which the offense was a part, involved conduct pro-
scribed by section 418 of the Controlled Substances
Act (21 U.S.C. 859) which was committed directly by
the defendant.
‘‘(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 (21
U.S.C. 860) which was committed directly by the de-
fendant.
‘‘(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 (21
U.S.C. 861) which was committed directly by the de-
fendant.
‘‘(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.
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The jury, or if there is no jury, the court, may consider
whether any other aggravating factor for which notice has
been given exists.
‘‘§ 3592. Mitigating and aggravating factors to be con-
sidered in determining whether a sen-
tence of death is justified
‘‘(a) MITIGATING FACTORS.—In determining whether
a sentence of death is to be imposed on a defendant, the
finder of fact shall consider any mitigating factor, includ-
ing the following:
‘‘(1) IMPAIRED CAPACITY.—The defendant’s ca-
pacity to appreciate the wrongfulness of the defend-
ant’s conduct or to conform conduct to the require-
ments of law was significantly impaired, regardless of
whether the capacity was so impaired as to constitute
a defense to the charge.
‘‘(2) DURESS.—The defendant was under un-
usual and substantial duress, regardless of whether
the duress was of such a degree as to constitute a de-
fense to the charge.
‘‘(3) MINOR PARTICIPATION.—The defendant is
punishable as a principal in the offense, which was
committed by another, but the defendant’s participa-
tion was relatively minor, regardless of whether the
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participation was so minor as to constitute a defense
to the charge.
‘‘(4) EQUALLY
CULPABLE
DEFENDANTS.—An-
other defendant or defendants, equally culpable in the
crime, will not be punished by death.
‘‘(5) NO PRIOR CRIMINAL RECORD.—The defend-
ant did not have a significant prior history of other
criminal conduct.
‘‘(6) DISTURBANCE.—The defendant committed
the offense under severe mental or emotional disturb-
ance.
‘‘(7) VICTIM’S CONSENT.—The victim consented
to the criminal conduct that resulted in the victim’s
death.
‘‘(8) OTHER FACTORS.—Other factors in the de-
fendant’s background, record, or character or any
other circumstance of the offense that mitigate against
imposition of the death sentence.
‘‘(b) AGGRAVATING FACTORS
FOR ESPIONAGE
AND
TREASON.—In determining whether a sentence of death is
justified for an offense described in section 3591(1), the
jury, or if there is no jury, the court, shall consider each
of the following aggravating factors for which notice has
been given and determine which, if any, exist:
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‘‘(1) PRIOR ESPIONAGE OR TREASON OFFENSE.—
The defendant has previously been convicted of an-
other offense involving espionage or treason for which
a sentence of either life imprisonment or death was
authorized by law.
‘‘(2) GRAVE RISK TO NATIONAL SECURITY.—In
the commission of the offense the defendant knowingly
created a grave risk of substantial danger to the na-
tional security.
‘‘(3) GRAVE RISK OF DEATH.—In the commis-
sion of the offense the defendant knowingly created a
grave risk of death to another person.
The jury, or if there is no jury, the court, may consider
whether any other aggravating factor for which notice has
been given exists.
‘‘(c) AGGRAVATING FACTORS FOR HOMICIDE AND FOR
ATTEMPTED MURDER OF THE PRESIDENT.—In determin-
ing whether a sentence of death is justified for an offense
described in section 3591 (2) or (3), the jury, or if there
is no jury, the court, shall consider each of the following
aggravating factors for which notice has been given and de-
termine which, if any, exist:
‘‘(1) DEATH DURING COMMISSION OF ANOTHER
CRIME.—The death, or injury resulting in death, oc-
curred during the commission or attempted commis-
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sion of, or during the immediate flight from the com-
mission of, an offense under section 32 (destruction of
aircraft or aircraft facilities), section 33 (destruction
of motor vehicles or motor vehicle facilities), section
36 (violence at international airports), section 351
(violence against Members of Congress, Cabinet offi-
cers, or Supreme Court Justices), an offense under
section 751 (prisoners in custody of institution or of-
ficer), section 794 (gathering or delivering defense in-
formation 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 1118
(prisoners serving life term), section 1201 (kidnap-
ing), section 844(i) (destruction of property affecting
interstate commerce by explosives), section 1116 (kill-
ing or attempted killing of diplomats), section 1203
(hostage taking), section 1992 (wrecking trains), sec-
tion 2280 (maritime violence), section 2281 (mari-
time platform violence), section 2332 (terrorist acts
abroad against United States nationals), section 2339
(use of weapons of mass destruction), or section 2381
(treason) of this title, or section 902 (i) or (n) of the
Federal Aviation Act of 1958 (49 U.S.C. 1472 (i) or
(n)) (aircraft piracy).
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‘‘(2) INVOLVEMENT OF FIREARM OR PREVIOUS
CONVICTION
OF
VIOLENT
FELONY
INVOLVING
FIRE-
ARM.—For any offense, other than an offense for
which a sentence of death is sought on the basis of sec-
tion 924(c), 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); or
‘‘(B) has previously been convicted of a Fed-
eral or State offense punishable by a term of im-
prisonment of more than 1 year, involving the
use or attempted or threatened use of a firearm
(as defined in section 921) against another per-
son.
‘‘(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 of-
fense resulting in the death of a person, for which a
sentence of life imprisonment or a sentence of death
was authorized by statute.
‘‘(4) PREVIOUS CONVICTION OF OTHER SERIOUS
OFFENSES.—The defendant has previously been con-
victed of 2 or more Federal or State offenses, punish-
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able by a term of imprisonment of more than 1 year,
committed on different occasions, involving the inflic-
tion of, or attempted infliction of, serious bodily in-
jury or death upon another person.
‘‘(5) GRAVE
RISK
OF
DEATH
TO
ADDITIONAL
PERSONS.—The defendant, in the commission of the
offense, or in escaping apprehension for the violation
of the offense, knowingly created a grave risk of death
to 1 or more persons in addition to the victim of the
offense.
‘‘(6) HEINOUS, CRUEL, OR DEPRAVED MANNER
OF COMMITTING OFFENSE.—The defendant committed
the offense 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 PAYMENT.—
The defendant procured the commission of the offense
by payment, or promise of payment, of anything of
pecuniary value.
‘‘(8) PECUNIARY GAIN.—The defendant commit-
ted the offense as consideration for the receipt, or in
the expectation of the receipt, of anything of pecu-
niary value.
‘‘(9) 
SUBSTANTIAL
PLANNING
AND
PREMEDITATION.—The defendant committed the of-
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fense after substantial planning and premeditation to
cause the death of a person or commit an act of ter-
rorism.
‘‘(10) CONVICTION FOR TWO FELONY DRUG OF-
FENSES.—The defendant has previously been con-
victed of 2 or more State or Federal offenses punish-
able by a term of imprisonment of more than one
year, committed on different occasions, involving the
distribution of a controlled substance.
‘‘(11) VULNERABILITY OF VICTIM.—The victim
was particularly vulnerable due to old age, youth, or
infirmity.
‘‘(12) CONVICTION FOR SERIOUS FEDERAL DRUG
OFFENSES.—The defendant had previously been con-
victed of violating title II or III of the Controlled
Substances Act for which a sentence of 5 or more
years may be imposed or had previously been con-
victed of engaging in a continuing criminal enter-
prise.
‘‘(13) CONTINUING
CRIMINAL
ENTERPRISE
IN-
VOLVING
DRUG
SALES
TO
MINORS.—The defendant
committed the offense in the course of engaging in a
continuing criminal enterprise in violation of section
408(c) of the Controlled Substances Act (21 U.S.C.
848(c)), and that violation involved the distribution
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of drugs to persons under the age of 21 in violation
of section 418 of that Act (21 U.S.C. 859).
‘‘(14) HIGH PUBLIC OFFICIALS.—The defendant
committed 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 is no Vice President, the officer next in
order of succession to the office of the President
of the United States, or any person who is 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), if the official is in the United
States on official business; or
‘‘(D) a Federal public servant who is a
judge, a law enforcement officer, or an employee
of a United States penal or correctional institu-
tion—
‘‘(i) while he or she is engaged in the
performance of his or her official duties;
‘‘(ii) because of the performance of his
or her official duties; or
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‘‘(iii) because of his or her status as a
public servant.
For purposes of this subparagraph, a ‘law en-
forcement officer’ is a public servant authorized
by law or by a Government agency or Congress
to conduct or engage in the prevention, inves-
tigation, or prosecution or adjudication of an of-
fense, and includes those engaged in corrections,
parole, or probation functions.
The jury, or if there is no jury, the court, may consider
whether any other aggravating factor for which notice has
been given exists.
‘‘§ 3593. Special hearing to determine whether a sen-
tence of death is justified
‘‘(a) NOTICE BY THE GOVERNMENT.—If, in a case in-
volving an offense described in section 3591, the attorney
for the government believes that the circumstances of the of-
fense are such that a sentence of death is justified under
this chapter, the attorney shall, a reasonable time before the
trial or before acceptance by the court of a plea of guilty,
sign and file with the court, and serve on the defendant,
a notice—
‘‘(1) stating that the government believes that the
circumstances of the offense are such that, if the de-
fendant is convicted, a sentence of death is justified
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under this chapter and that the government will seek
the sentence of death; and
‘‘(2) setting forth the aggravating factor or fac-
tors that the government, if the defendant is convicted,
proposes to prove as justifying a sentence of death.
The factors for which notice is provided under this sub-
section may include factors concerning the effect of the of-
fense on the victim and the victim’s family, and may in-
clude oral testimony, a victim impact statement that identi-
fies the victim of the offense and the extent and scope of
the injury and loss suffered by the victim and the victim’s
family, and any other relevant information. The court may
permit the attorney for the government to amend the notice
upon a showing of good cause.
‘‘(b) HEARING BEFORE A COURT OR JURY.—If the at-
torney for the government has filed a notice as required
under subsection (a) and the defendant is found guilty of
or pleads guilty to an offense described in section 3591, the
judge who presided at the trial or before whom the guilty
plea was entered, or another judge if that judge is unavail-
able, shall conduct a separate sentencing hearing to deter-
mine the punishment to be imposed. The hearing shall be
conducted—
‘‘(1) before the jury that determined the defend-
ant’s guilt;
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‘‘(2) before a jury impaneled for the purpose of
the hearing if—
‘‘(A) the defendant was convicted upon a
plea of guilty;
‘‘(B) the defendant was convicted after a
trial before the court sitting without a jury;
‘‘(C) the jury that determined the defend-
ant’s guilt was discharged for good cause; or
‘‘(D) after initial imposition of a sentence
under this section, reconsideration of the sentence
under this section is necessary; or
‘‘(3) before the court alone, upon the motion of
the defendant and with the approval of the attorney
for the government.
A jury impaneled pursuant to paragraph (2) shall consist
of 12 members, unless, at any time before the conclusion
of the hearing, the parties stipulate, with the approval of
the court, that it shall consist of a lesser number.
‘‘(c) PROOF OF MITIGATING AND AGGRAVATING FAC-
TORS.—Notwithstanding rule 32(c) of the Federal Rules of
Criminal Procedure, when a defendant is found guilty or
pleads guilty to an offense under section 3591, no
presentence report shall be prepared. At the sentencing hear-
ing, information may be presented as to any matter rel-
evant to the sentence, including any mitigating or aggra-
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vating factor permitted or required to be considered under
section 3592. Information presented may include the trial
transcript and exhibits. The defendant may present any in-
formation relevant to a mitigating factor. The government
may present any information relevant to an aggravating
factor for which notice has been provided under subsection
(a). Information is admissible regardless of its admissibil-
ity under the rules governing admission of evidence at
criminal 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 government and the defendant shall be permitted
to rebut any information received at the hearing, and shall
be given fair opportunity to present argument as to the ade-
quacy of the information to establish the existence of any
aggravating or mitigating factor, and as to the appro-
priateness in the case of imposing a sentence of death. The
government shall open the argument. The defendant shall
be permitted to reply. The government shall then be per-
mitted to reply in rebuttal. The burden of establishing the
existence of any aggravating factor is on the government,
and is not satisfied unless the existence of such a factor is
established beyond a reasonable doubt. The burden of estab-
lishing the existence of any mitigating factor is on the de-
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fendant, and is not satisfied unless the existence of such a
factor is established by a preponderance of the information.
‘‘(d) RETURN OF SPECIAL FINDINGS.—The jury, or if
there is no jury, the court, shall consider all the information
received during the hearing. It shall return special findings
identifying any aggravating factor or factors set forth in
section 3592 found to exist and any other aggravating fac-
tor for which notice has been provided under subsection (a)
found to exist. A finding with respect to a mitigating factor
may be made by 1 or more members of the jury, and any
member of the jury who finds the existence of a mitigating
factor may consider such factor established for purposes of
this section regardless of the number of jurors who concur
that the factor has been established. A finding with respect
to any aggravating factor must be unanimous. If no aggra-
vating factor set forth in section 3592 is found to exist, the
court shall impose a sentence other than death authorized
by law.
‘‘(e) RETURN OF A FINDING CONCERNING A SENTENCE
OF DEATH.—If, in the case of—
‘‘(1) an offense described in section 3591(1), an
aggravating factor required to be considered under
section 3592(b) is found to exist; or
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‘‘(2) an offense described in section 3591 (2) or
(3), an aggravating factor required to be considered
under section 3592(c) is found to exist,
the jury, or if there is no jury, the court, shall consider
whether all the aggravating factor or factors found to exist
sufficiently outweigh all the mitigating factor or factors
found to exist to justify a sentence of death, or, in the ab-
sence of a mitigating factor, whether the aggravating factor
or factors alone are sufficient to justify a sentence of death.
Based upon this consideration, the jury by unanimous vote,
or if there is no jury, the court, shall recommend whether
the defendant should be sentenced to death, to life imprison-
ment without possibility of release or some other lesser sen-
tence.
‘‘(f) SPECIAL PRECAUTION TO ENSURE 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 a sentence
of death is justified, it shall not consider the race, color,
religious beliefs, national origin, or sex of the defendant or
of any victim and that the jury is not to recommend a sen-
tence of death unless it has concluded that it would rec-
ommend a sentence of death for the crime in question no
matter what the race, color, religious beliefs, national ori-
gin, or sex of the defendant or of any victim may be. The
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jury, upon return of a finding under subsection (e), shall
also return to the court a certificate, signed by each juror,
that consideration of the race, color, religious beliefs, na-
tional origin, or sex of the defendant or any victim was
not involved in reaching his or her individual decision and
that the individual juror would have made the same rec-
ommendation regarding a sentence for the crime in question
no matter what the race, color, religious beliefs, national
origin, or sex of the defendant or any victim may be.
‘‘§ 3594. Imposition of a sentence of death
‘‘Upon a recommendation under section 3593(e) that
the defendant should be sentenced to death or life imprison-
ment without possibility of release, the court shall sentence
the defendant accordingly. Otherwise, the court shall impose
any lesser sentence that is authorized by law. Notwithstand-
ing any other law, if the maximum term of imprisonment
for the offense is life imprisonment, the court may impose
a sentence of life imprisonment without possibility of re-
lease.
‘‘§ 3595. Review of a sentence of death
‘‘(a) APPEAL.—In a case in which a sentence of death
is imposed, the sentence shall be subject to review by the
court of appeals upon appeal by the defendant. Notice of
appeal must be filed within the time specified for the filing
of a notice of appeal. An appeal under this section may
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be consolidated with an appeal of the judgment of convic-
tion and shall have priority over all other cases.
‘‘(b) REVIEW.—The court of appeals shall review the
entire record in the case, including—
‘‘(1) the evidence submitted during the trial;
‘‘(2) the information submitted during the sen-
tencing hearing;
‘‘(3) the procedures employed in the sentencing
hearing; and
‘‘(4) the special findings returned under section
3593(d).
‘‘(c) DECISION AND DISPOSITION.—
‘‘(1) The court of appeals shall address all sub-
stantive and procedural issues raised on the appeal of
a sentence of death, and shall consider whether the
sentence of death was imposed under the influence of
passion, prejudice, or any other arbitrary factor and
whether the evidence supports the special finding of
the existence of an aggravating factor required to be
considered under section 3592.
‘‘(2) Whenever the court of appeals finds that—
‘‘(A) the sentence of death was imposed
under the influence of passion, prejudice, or any
other arbitrary factor;
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‘‘(B) the admissible evidence and informa-
tion adduced does not support the special finding
of the existence of the required aggravating fac-
tor; or
‘‘(C) the proceedings involved any other
legal error requiring reversal of the sentence that
was properly preserved for appeal under the
rules of criminal procedure,
the court shall remand the case for reconsideration
under section 3593 or imposition of a sentence other
than death. The court of appeals shall not reverse or
vacate a sentence of death on account of any error
which can be harmless, including any erroneous spe-
cial finding of an aggravating factor, where the Gov-
ernment establishes beyond a reasonable doubt that
the error was harmless.
‘‘(3) The court of appeals shall state in writing
the reasons for its disposition of an appeal of a sen-
tence of death under this section.
‘‘§ 3596. Implementation of a sentence of death
‘‘(a) IN GENERAL.—A person who has been sentenced
to death pursuant to this chapter shall be committed to the
custody of the Attorney General until exhaustion of the pro-
cedures for appeal of the judgment of conviction and for
review of the sentence. When the sentence is to be imple-
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mented, the Attorney General shall release the person sen-
tenced to death to the custody of a United States marshal,
who shall supervise implementation of the sentence in the
manner prescribed by the law of the State in which the sen-
tence is imposed. If the law of the State does not provide
for implementation of a sentence of death, the court shall
designate another State, the law of which does provide for
the implementation of a sentence of death, and the sentence
shall be implemented in the latter State in the manner pre-
scribed by such law.
‘‘(b) PREGNANT WOMAN.—A sentence of death shall not
be carried out upon a woman while she is pregnant.
‘‘(c) MENTAL CAPACITY.—A sentence of death shall not
be carried out upon a person who is mentally retarded. A
sentence of death shall not be carried out upon a person
who, as a result of mental disability, lacks the mental ca-
pacity to understand the death penalty and why it was im-
posed on that person.
‘‘§ 3597. Use of State facilities
‘‘(a) IN GENERAL.—A United States marshal charged
with supervising the implementation of a sentence of death
may use appropriate State or local facilities for the pur-
pose, may use the services of an appropriate State or local
official or of a person such an official employs for the pur-
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pose, and shall pay the costs thereof in an amount approved
by the Attorney General.
‘‘(b) EXCUSE OF AN EMPLOYEE ON MORAL OR RELI-
GIOUS GROUNDS.—No employee of any State department
of corrections, the United States Department of Justice, the
Federal Bureau of Prisons, or the United States Marshals
Service, and no employee 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 pros-
ecution or execution under this section if such participation
is contrary to the moral or religious convictions of the em-
ployee. In this subsection, ‘participation in executions’ in-
cludes personal preparation of the condemned individual
and the apparatus used for execution and supervision of
the activities of other personnel in carrying out such activi-
ties.
‘‘§ 3598. Special provisions for Indian country
‘‘Notwithstanding sections 1152 and 1153, no person
subject to the criminal jurisdiction of an Indian tribal gov-
ernment shall be subject to a capital sentence under this
chapter for any offense the Federal jurisdiction for which
is predicated solely on Indian country (as defined in section
1151 of this title) and which has occurred within the bound-
aries of Indian country, unless the governing body of the
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tribe has elected that this chapter have effect over land and
persons subject to its criminal jurisdiction.’’.
(b) TECHNICAL AMENDMENT.—The part analysis for
part II of title 18, United States Code, is amended by in-
serting after the item relating to chapter 227 the following
new item:
‘‘228. Death sentence .............................................................................. 3591’’.
SEC. 203. SPECIFIC OFFENSES FOR WHICH DEATH PENALTY
IS AUTHORIZED.
(a) CONFORMING CHANGES IN TITLE 18.—Title 18,
United States Code, is amended as follows:
(1) AIRCRAFT AND MOTOR VEHICLES.—Section
34 of title 18, United States Code, is amended by
striking the comma after ‘‘imprisonment for life’’, in-
serting a period, and striking the remainder of the
section.
(2) ESPIONAGE.—Section 794(a) of title 18,
United States Code, is amended by striking the period
at the end of the section and inserting ‘‘, except that
the sentence of death shall not be imposed unless the
jury or, if there is no jury, the court, further finds
that the offense directly concerned nuclear weaponry,
military spacecraft or satellites, early warning sys-
tems, or other means of defense or retaliation against
large-scale attack; war plans; communications intel-
ligence or cryptographic information; or any other
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major weapons system or major element of defense
strategy.’’.
(3) EXPLOSIVE MATERIALS.—(A) Section 844(d)
of title 18, United States Code, is amended by strik-
ing ‘‘as provided in section 34 of this title’’.
(B) Section 844(f) of title 18, United States
Code, is amended by striking ‘‘as provided in section
34 of this title’’.
(C) Section 844(i) of title 18, United States
Code, is amended by striking ‘‘as provided in section
34 of this title’’.
(4) MURDER.—The second undesignated para-
graph of section 1111(b) of title 18, United States
Code, is amended to read as follows:
‘‘Whoever is guilty of murder in the first degree
shall be punished by death or by imprisonment for
life;’’.
(5) KILLING
OF
FOREIGN
OFFICIAL.—Section
1116(a) of title 18, United States Code, is amended
by striking ‘‘any such person who is found guilty of
murder in the first degree shall be sentenced to im-
prisonment for life, and’’.
(6) KIDNAPPING.—Section 1201(a) of title 18,
United States Code, is amended by inserting after ‘‘or
for life’’ the following: ‘‘and, if the death of any per-
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son results, shall be punished by death or life impris-
onment’’.
(7) NONMAILABLE
INJURIOUS
ARTICLES.—The
last paragraph of section 1716 of title 18, United
States Code, is amended by striking the comma after
‘‘imprisonment for life’’ and inserting a period and
striking the remainder of the paragraph.
(8) PRESIDENTIAL ASSASSINATIONS.—Subsection
(c) of section 1751 of title 18, United States Code, is
amended to read as follows:
‘‘(c) Whoever attempts to kill or kidnap any individual
designated in subsection (a) of this section, shall be pun-
ished—
‘‘(1) by imprisonment for any term of years or
for life; or
‘‘(2) if the conduct constitutes an attempt to in-
tentionally kill the President of the United States and
results in bodily injury to the President or otherwise
comes dangerously close to causing the death of the
President, by death or imprisonment for any term of
years or for life.’’.
(9) WRECKING TRAINS.—The second to the last
undesignated paragraph of section 1992 of title 18,
United States Code, is amended by striking the
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comma after ‘‘imprisonment for life’’, inserting a pe-
riod, and striking the remainder of the section.
(10) 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’’.
(11) 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 im-
prisonment’’.
(12) MURDER FOR HIRE.—Section 1958 of title
18, 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 im-
prisonment, or shall be fined not more than $250,000,
or both’’.
(13) RACKETEERING.—Section 1959(a)(1) of
title 18, United States Code, is amended to read as
follows:
‘‘(1) for murder, by death or life imprisonment,
or a fine of not more than $250,000, or both; and for
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kidnapping, by imprisonment for any term of years
or for life, or a fine of not more than $250,000, or
both;’’.
(14) GENOCIDE.—Section 1091(b)(1) of title 18,
United States Code, is amended by striking ‘‘a fine
of not more than $1,000,000 or imprisonment for
life,’’ and inserting ‘‘, where death results, by death
or imprisonment for life and a fine of not more than
$1,000,000, or both;’’.
(15) CARJACKING.—Section 2119(3) of title 18,
United States Code, is amended by striking the period
after ‘‘both’’ and inserting ‘‘, or sentenced to death.’’;
and by striking ‘‘, possessing a firearm as defined in
section 921 of this title,’’.
(b) CONFORMING AMENDMENT TO FEDERAL AVIATION
ACT OF 1954.—Section 903 of the Federal Aviation Act of
1958 (49 U.S.C. 1473) is amended by striking subsection
(c).
SEC. 204. APPLICABILITY TO UNIFORM CODE OF MILITARY
JUSTICE.
Chapter 228 of title 18, United States Code, as added
by this title, shall not apply to prosecutions under the Uni-
form Code of Military Justice (10 U.S.C. 801).
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SEC. 205. DEATH PENALTY FOR MURDER BY A FEDERAL
PRISONER.
(a) IN GENERAL.—Chapter 51 of title 18, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 1118. Murder by a Federal prisoner
‘‘(a) OFFENSE.—A person who, while confined in a
Federal correctional institution under a sentence for a term
of life imprisonment, commits the murder of another shall
be punished by death or by life imprisonment.
‘‘(b) DEFINITIONS.—In this section—
‘‘ ‘Federal correctional institution’ means any
Federal prison, Federal correctional facility, Federal
community program center, or Federal halfway house.
‘‘ ‘murder’ means a first degree or second degree
murder (as defined by section 1111).
‘‘ ‘term of life imprisonment’ means a sentence
for the term of natural life, a sentence commuted to
natural life, an indeterminate term of a minimum of
at least fifteen years and a maximum of life, or an
unexecuted sentence of death.’’.
(b) TECHNICAL AMENDMENT.—The chapter analysis
for chapter 51 of title 18, United States Code, is amended
by adding at the end the following new item:
‘‘1118. Murder by a Federal prisoner.’’.
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SEC. 206. DEATH PENALTY FOR CIVIL RIGHTS MURDERS.
(a) CONSPIRACY AGAINST RIGHTS.—Section 241 of
title 18, United States Code, is amended by striking the
period at the end of the last sentence and inserting ‘‘, or
may be sentenced to death.’’.
(b) DEPRIVATION
OF RIGHTS UNDER COLOR
OF
LAW.—Section 242 of title 18, United States Code, is
amended by striking the period at the end of the last sen-
tence and inserting ‘‘, or may be sentenced to death.’’.
(c) FEDERALLY
PROTECTED
ACTIVITIES.—Section
245(b) of title 18, United States Code, is amended in the
matter following paragraph (5) by inserting ‘‘, or may be
sentenced to death’’ after ‘‘or for life’’.
(d) DAMAGE TO RELIGIOUS PROPERTY; OBSTRUCTION
OF THE FREE EXERCISE OF RELIGIOUS RIGHTS.—Section
247(c)(1) of title 18, United States Code, is amended by
inserting ‘‘, or may be sentenced to death’’ after ‘‘or both’’.
SEC. 207. DEATH PENALTY FOR THE MURDER OF FEDERAL
LAW ENFORCEMENT OFFICIALS.
Section 1114(a) of title 18, United States Code, is
amended by striking ‘‘punished as provided under sections
1111 and 1112 of this title,’’ and inserting ‘‘punished, in
the case of murder, by a sentence of death or life imprison-
ment as provided under section 1111, or, in the case of
manslaughter, a sentence as provided under section 1112.’’.
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SEC. 208. NEW OFFENSE FOR THE INDISCRIMINATE USE OF
WEAPONS TO FURTHER DRUG CONSPIRACIES.
(a) SHORT TITLE.—This section may be cited as the
‘‘Drive-By Shooting Prevention Act of 1993’’.
(b) IN GENERAL.—Chapter 2 of title 18, United States
Code, is amended by adding at the end the following new
section:
‘‘§ 36. Drive-by shooting
‘‘(a) DEFINITION.—In this section, ‘major drug offense’
means—
‘‘(1) a continuing criminal enterprise punishable
under section 403(c) of the Controlled Substances Act
(21 U.S.C. 848(c));
‘‘(2) a conspiracy to distribute controlled sub-
stances punishable under section 406 of the Controlled
Substances Act (21 U.S.C. 846) section 1013 of the
Controlled Substances Import and Export Control Act
(21 U.S.C. 963); and
‘‘(3) an offense involving major quantities of
drugs and punishable under section 401(b)(1)(A) of
the 
Controlled 
Substances 
Act 
(21 
U.S.C.
841(b)(1)(A)) or section 1010(b)(1) of the Controlled
Substances Import and Export Act (21 U.S.C.
960(b)(1)).
‘‘(b) OFFENSE AND PENALTIES.—(1) A person who, in
furtherance or to escape detection of a major drug offense
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SEC. 209. FOREIGN MURDER OF UNITED STATES NATION-
ALS.
(a) IN GENERAL.—Chapter 51 of title 18, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 1118. Foreign murder of United States nationals
‘‘(a) DEFINITION.—In this section, ‘national of the
United States’ has the meaning stated in section 101(a)(22)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(22)).
‘‘(b) OFFENSE.—A person who, being a national of the
United States, kills or attempts to kill a national of the
United States while such national is outside the United
States but within the jurisdiction of another country shall
be punished as provided under sections 1111, 1112, and
1113.
‘‘(c) LIMITATIONS ON PROSECUTION.—(1) No prosecu-
tion may be instituted against any person under this sec-
tion except upon the written approval of the Attorney Gen-
eral, the Deputy Attorney General, or an Assistant Attorney
General, which function of approving prosecutions may not
be delegated. No prosecution shall be approved if prosecu-
tion has been previously undertaken by a foreign country
for the same conduct.
‘‘(2) No prosecution shall be approved under this sec-
tion unless the Attorney General, in consultation with the
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Secretary of State, determines that the conduct took place
in a country in which the person is no longer present, and
the country lacks the ability to lawfully secure the person’s
return. A determination by the Attorney General under this
paragraph is not subject to judicial review.’’.
(b) TECHNICAL AMENDMENTS.—(1) Section 1117 of
title 18, United States Code, is amended by striking ‘‘or
1116’’ and inserting ‘‘1116, or 1118’’.
(2) The chapter analysis for chapter 51 of title 18,
United States Code, is amended by adding at the end the
following new item:
‘‘1118. Foreign murder of United States nationals.’’.
SEC. 210. DEATH PENALTY FOR RAPE AND CHILD MOLESTA-
TION MURDERS.
(a) OFFENSE.—Chapter 109A of title 18, United
States Code, is amended—
(1) by redesignating section 2245 as section
2246; and
(2) by inserting after section 2244 the following
new section:
‘‘§ 2245. Sexual abuse resulting in death
‘‘A person who, 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.’’.
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(b) TECHNICAL AMENDMENTS.—The chapter analysis
for chapter 109A of title 18, United States Code, is amended
by striking the item for section 2245 and inserting the fol-
lowing:
‘‘2245. Sexual abuse resulting in death.
‘‘2246. Definitions for chapter.’’.
SEC. 211. DEATH PENALTY FOR SEXUAL EXPLOITATION OF
CHILDREN.
Section 2251(d) of title 18, United States Code, is
amended by adding at the end the following: ‘‘Whoever, in
the course of an offense under this section, engages in con-
duct that results in the death of a person, shall be punished
by death or imprisoned for any term of years or for life.’’.
SEC. 212. MURDER BY ESCAPED PRISONERS.
(a) IN GENERAL.—Chapter 51 of title 18, United
States Code, as amended by section 109(a), is amended by
adding at the end the following new section:
‘‘§ 1119. Murder by escaped prisoners
‘‘(a) DEFINITION.—In this section, ‘Federal prison’
and ‘term of life imprisonment’ have the meanings stated
in section 1118.
‘‘(b) OFFENSE AND PENALTY.—A person, having es-
caped from a Federal prison where the person was confined
under a sentence for a term of life imprisonment, kills an-
other shall be punished as provided in sections 1111 and
1112.’’.
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(b) TECHNICAL AMENDMENT.—The chapter analysis
for chapter 51 of title 18, United States Code, as amended
by section 109(b)(2), is amended by adding at the end the
following new item:
‘‘1119. Murder by escaped prisoners.’’.
SEC. 213. DEATH PENALTY FOR GUN MURDERS DURING
FEDERAL CRIMES OF VIOLENCE AND DRUG
TRAFFICKING CRIMES.
Section 924 of title 18, United States Code, is amended
by adding at the end the following new subsection:
‘‘(i) A person who, in the course of a violation of sub-
section (c), 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), 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), be punished as provided in that sec-
tion.’’.
SEC. 214. HOMICIDES AND ATTEMPTED HOMICIDES INVOLV-
ING FIREARMS IN FEDERAL FACILITIES.
Section 930 of title 18, United States Code, is amend-
ed—
(1) by redesignating subsections (c), (d), (e), and
(f) as subsections (d), (e), (f), and (g), respectively;
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(2) in subsection (a) by striking ‘‘(c)’’ and in-
serting ‘‘(d)’’; and
(3) by inserting after subsection (b) the following
new subsection:
‘‘(c) A person who kills or attempts to kill any person
in the course of a violation of subsection (a) or (b), or in
the course of an attack on a Federal facility involving the
use of a firearm or other dangerous weapon, shall be pun-
ished as provided in sections 1111, 1112, and 1113.’’.
SEC. 215. MURDER IN COURSE OF ALIEN SMUGGLING.
Section 274(a) of the Immigration and Naturalization
Act (8 U.S.C. 1324) is amended by inserting before the pe-
riod at the end the following: ‘‘: Provided further, That if
during and in relation to an offense described in paragraph
(1) the person causes serious bodily injury to, or places in
jeopardy the life of, any alien, such person shall be subject
to a term of imprisonment of not more than 20 years, and
if the death of any alien results, shall be punished by death
or imprisoned for any term of years or for life.’’.
TITLE III—FIREARMS
Subtitle A—Restraining Orders
SEC. 301. PERSONS SUBJECT TO RESTRAINING ORDERS.
(a) Section 922(d) of title 18, United States Code, is
amended—
(1) by striking ‘‘or’’ at the end of paragraph (6);
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(2) by adding ‘‘or’’ at the end of paragraph (7);
and
(3) by adding after paragraph (7) the following
new paragraph:
‘‘(8)(A) is subject to an order, issued by a Fed-
eral or State court after a hearing about which that
person received actual notice and at which that per-
son had the opportunity to participate, restraining
that person from harassing, stalking, threatening, or
engaging in other such conduct that would place an-
other person in fear of bodily injury or the effect of
which conduct would be to place a reasonable person
in fear of bodily injury; and
‘‘(B) whom the court issuing the order finds
under this subsection to represent a credible threat to
the physical safety of that other person;’’.
(b) Section 922(g) of title 18, United States Code, is
amended—
(1) by striking ‘‘or’’ at the end of paragraph (6);
(2) by adding ‘‘or’’ at the end of paragraph (7);
and
(3) by adding after paragraph (7) the following
new paragraph:
‘‘(8)(A) who is subject to an order, issued by a
Federal or State court after a hearing about which
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that person received actual notice and at which that
person had the opportunity to participate, restraining
that person from harassing, stalking, threatening, or
engaging in other such conduct that would place an-
other person in fear of bodily injury or the effect of
which conduct would be to place a reasonable person
in fear of bodily injury; and
‘‘(B) whom the court issuing the order finds
under this subsection to represent a credible threat to
the physical safety of that other person;’’.
(c) Section 926(a) of title 18, United States Code, is
amended—
(1) by striking ‘‘and’’ at the end of paragraph
(1);
(2) by replacing ‘‘.’’ with ‘‘; and’’ at the end of
paragraph (2); and
(3) by adding after paragraph (a)(2) the follow-
ing new paragraph:
‘‘(3) regulations providing for effective receipt
and secure storage of firearms relinquished by or
seized from persons described in section 922(d)(8) or
922(g)(8).’’.
(d) Section 924(d)(1) of title 18, United States Code,
is amended—
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(1) by striking all between ‘‘trial,’’ and ‘‘fire-
arms’’ and inserting the following: ‘‘or lapse of or
court termination of the restraining order to which he
is subject, the seized or relinquished’’.
Subtitle B—Licensure
SEC.
311. FIREARMS LICENSURE AND REGISTRATION TO
REQUIRE 
A 
PHOTOGRAPH 
AND 
FINGER-
PRINTS.
(a) FIREARMS LICENSURE.—Section 923(a) of title 18,
United States Code, is amended in the second sentence by
inserting ‘‘and shall include a photograph and fingerprints
of the applicant’’ before the period.
(b) REGISTRATION.—Section 5802 of the Internal Rev-
enue Code of 1986 is amended by inserting after the first
sentence the following: ‘‘An individual required to register
under this section shall include a photograph and finger-
prints of the individual with the initial application.’’.
SEC.
312. COMPLIANCE WITH STATE AND LOCAL LAW AS A
CONDITION TO LICENSE.
Section 923(d)(1) of title 18, United States Code, is
amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (D);
(2) by striking the period at the end of subpara-
graph (E) and inserting ‘‘; and’’; and
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(3) by adding at the end the following new sub-
paragraph:
‘‘(F) the applicant certifies that—
‘‘(i) the business to be conducted under the
license is not prohibited by State or local law in
the place where the licensed premise is located;
‘‘(ii)(I) within 30 days after the application
is approved the business will comply with the re-
quirements of State and local law applicable to
the conduct of the business; and
‘‘(II) the business will not be conducted
under the license until the requirements of State
and local law applicable to the business have
been met; and
‘‘(iii) that the applicant has sent or deliv-
ered a form to be prescribed by the Secretary, to
the chief law enforcement officer of the locality in
which the premises are located, which indicates
that the applicant intends to apply for a Federal
firearms license.’’.
SEC.
313. ACTION ON FIREARMS LICENSE APPLICATION.
Section 923(d)(2) of title 18, United States Code, is
amended by striking ‘‘forty-five-day’’ and inserting ‘‘60-
day’’.
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SEC.
314. INSPECTION OF FIREARMS LICENSEES’ INVEN-
TORY AND RECORDS.
Section 923(g)(1)(B)(ii) of title 18, United States
Code, is amended to read as follows:
‘‘(ii) for insuring compliance with the
record keeping requirements of this chap-
ter—
‘‘(I) not more than once during
any 12-month period; or
‘‘(II) at any time with respect to
records relating to a firearm involved
in a criminal investigation that is
traced to the licensee.’’.
SEC.
315. REPORTS OF THEFT OR LOSS OF FIREARMS.
Section 923(g) of title 18, United States Code, is
amended by adding at the end the following new paragraph:
‘‘(6) Each licensee shall report the theft or loss
of a firearm from the licensee’s inventory or collec-
tion, within 48 hours after the theft or loss is discov-
ered, to the Secretary and to the appropriate local au-
thorities.’’.
SEC.
316. RESPONSES TO REQUESTS FOR INFORMATION.
Section 923(g) of title 18, United States Code, as
amended by section 215, is amended by adding at the end
the following new paragraph:
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‘‘(7) Each licensee shall respond immediately to,
and in no event later than 24 hours after the receipt
of, a request by the Secretary for information con-
tained in the records required to be kept by this chap-
ter as may be required for determining the disposition
of 1 or more firearms in the course of a bona fide
criminal investigation. The requested information
shall be provided orally or in writing, as the Sec-
retary may require. The Secretary shall implement a
system whereby the licensee can positively identify
and establish that an individual requesting informa-
tion via telephone is employed by and authorized by
the agency to request such information.’’.
SEC.
317. NOTIFICATION OF NAMES AND ADDRESSES OF
FIREARMS LICENSEES.
Section 923 of title 18, United States Code, is amended
by adding at the end the following new subsection:
‘‘(1) The Secretary of the Treasury shall notify
the chief law enforcement officer in the appropriate
State and local jurisdictions of the names and ad-
dresses of all persons in the State to whom a firearms
license is issued.’’.
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TITLE IV—GUN CRIME
PENALTIES
SEC. 401. ENHANCED PENALTY FOR USE OF A SEMIAUTO-
MATIC FIREARM DURING A CRIME OF VIO-
LENCE OR A DRUG TRAFFICKING CRIME.
(a) AMENDMENT TO SENTENCING GUIDELINES.—Pur-
suant to its authority under section 994 of title 28, United
States Code, the United States Sentencing Commission
shall amend its sentencing guidelines to provide an appro-
priate enhancement of the punishment for a crime of vio-
lence (as defined in section 924(c)(3) of title 18, United
States Code) or a drug trafficking crime (as defined in sec-
tion 924(c)(2) of title 18, United States Code) if a semiauto-
matic firearm is involved.
(b) SEMIAUTOMATIC FIREARM.—In subsection (a),
‘‘semiautomatic firearm’’ means any repeating firearm that
utilizes a portion of the energy of a firing cartridge to ex-
tract the fired cartridge case and chamber the next round
and that requires a separate pull of the trigger to fire each
cartridge.
SEC. 402. ENHANCED PENALTY FOR SECOND OFFENSE OF
USING AN EXPLOSIVE TO COMMIT A FELONY.
Pursuant to its authority under section 994 of title
28, United States Code, the United States Sentencing Com-
mission shall promulgate amendments to the sentencing
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guidelines to appropriately enhance penalties in a case in
which a defendant convicted under section 844(h) of title
18, United States Code, has previously been convicted under
that section.
SEC. 403. SMUGGLING FIREARMS IN AID OF DRUG TRAF-
FICKING.
Section 924 of title 18, United States Code, as amend-
ed by section 213, is amended by adding at the end the
following new subsection:
‘‘(j) A person who, with intent to engage in or to pro-
mote conduct that—
‘‘(1) is punishable under the Controlled Sub-
stances Act (21 U.S.C. 801 et seq.), the Controlled
Substances Import and Export Act (21 U.S.C. 951 et
seq.), or the Maritime Drug Law Enforcement Act (46
U.S.C. App. 1901 et seq.);
‘‘(2) violates any law of a State relating to any
controlled substance (as defined in section 102 of the
Controlled Substances Act, 21 U.S.C. 802); or
‘‘(3) constitutes a crime of violence (as defined in
subsection (c)(3),
smuggles or knowingly brings into the United States a fire-
arm, or attempts to do so, shall be imprisoned not more
than 10 years, fined under this title, or both.’’.
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SEC. 404. THEFT OF FIREARMS AND EXPLOSIVES.
(a) FIREARMS.—Section 924 of title 18, United States
Code, as amended by section 403(a), is amended by adding
at the end the following new subsection:
‘‘(k) A person who steals any firearm which is moving
as, or is a part of, or which has moved in, interstate or
foreign commerce shall be imprisoned for not more than 10
years, fined under this title, or both.’’.
(b) EXPLOSIVES.—Section 844 of title 18, United
States Code, is amended by adding at the end the following
new subsection:
‘‘(k) A person who steals any explosives materials
which are moving as, or are a part of, or which have moved
in, interstate or foreign commerce shall be imprisoned for
not more than 10 years, fined under this title, or both.’’.
SEC. 405. REVOCATION OF SUPERVISED RELEASE.
Section 3583 of title 18, United States Code, is amend-
ed by striking subsection (g) and inserting the following:
‘‘(g) MANDATORY REVOCATION FOR POSSESSION OF
CONTROLLED SUBSTANCE OR FIREARM OR FOR REFUSAL
TO COOPERATE WITH DRUG TESTING.—If the defendant—
‘‘(1) possesses a controlled substance in violation
of the condition set forth in subsection (d);
‘‘(2) possesses a firearm, as such term is defined
in section 921 of this title, in violation of Federal
law, or otherwise violates a condition of supervised
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release prohibiting the defendant from possessing a
firearm; or
‘‘(3) refuses to cooperate in drug testing imposed
as a condition of supervised release,
the court shall revoke the term of supervised release and re-
quire the defendant to serve a term of imprisonment not
to exceed the maximum term of imprisonment authorized
under subsection (e)(3).’’.
SEC. 406. REVOCATION OF PROBATION.
(a) CONTINUATION OR REVOCATION.—Section 3565(a)
of title 18, United States Code, is amended—
(1) in paragraph (2) by striking ‘‘impose any
other sentence that was available under subchapter A
at the time of the initial sentencing’’ and inserting
‘‘resentence the defendant under subchapter A’’; and
(2) by striking the last sentence.
(b) MANDATORY REVOCATION.—Section 3565(b) of
title 18, United States Code, is amended to read as follows:
‘‘(b) MANDATORY REVOCATION FOR POSSESSION OF
CONTROLLED SUBSTANCE OR FIREARM OR FOR REFUSAL
TO COOPERATE WITH DRUG TESTING.—If the defendant—
‘‘(1) possesses a controlled substance in violation
of the condition set forth in section 3563(a)(3);
‘‘(2) possesses a firearm (as defined in section
921) in violation of Federal law or otherwise violates
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a condition of probation prohibiting the defendant
from possessing a firearm; or
‘‘(3) refuses to cooperate in drug testing in viola-
tion of the condition imposed under subsection (a)(4),
the court shall revoke the sentence of probation and
resentence the defendant under subchapter A to a sentence
that includes a term of imprisonment.’’.
SEC. 407. INCREASED PENALTY FOR KNOWINGLY MAKING
FALSE, MATERIAL STATEMENT IN CONNEC-
TION WITH THE ACQUISITION OF A FIREARM
FROM A LICENSED DEALER.
Section 924(a) of title 18, United States Code, is
amended—
(1) in paragraph (a)(1)(B) by striking ‘‘(a)(6),’’;
and
(2) in subsection (a)(2) by inserting ‘‘(a)(6),’’
after ‘‘subsections’’.
SEC. 408. POSSESSION OF EXPLOSIVES BY FELONS AND
OTHERS.
Section 842(i) of title 18, United States Code, is
amended by inserting ‘‘or possess’’ after ‘‘to receive’’.
SEC. 409. SUMMARY DESTRUCTION OF EXPLOSIVES SUB-
JECT TO FORFEITURE.
Section 844(c) of title 18, United States Code, is
amended—
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(1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and
(2) by adding at the end the following new para-
graphs:
‘‘(2) Notwithstanding paragraph (1), in the case of the
seizure of any explosive materials for any offense for which
the materials would be subject to forfeiture in which it
would be impracticable or unsafe to remove the materials
to a place of storage or would be unsafe to store them, the
seizing officer may destroy the explosive materials forth-
with. Any destruction under this paragraph shall be in the
presence of at least 1 credible witness. The seizing officer
shall make a report of the seizure and take samples as the
Secretary may by regulation prescribe.
‘‘(3) Within 60 days after any destruction made pur-
suant to paragraph (2), the owner of (including any person
having an interest in) the property so destroyed may make
application to the Secretary for reimbursement of the value
of the property. If the claimant establishes to the satisfac-
tion of the Secretary that—
‘‘(A) the property has not been used or involved
in a violation of law; or
‘‘(B) any unlawful involvement or use of the
property was without the claimant’s knowledge, con-
sent, or willful blindness,
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the Secretary shall make an allowance to the claimant not
exceeding the value of the property destroyed.’’.
SEC. 410. ELIMINATION OF OUTMODED LANGUAGE RELAT-
ING TO PAROLE.
(a) SECTION (e)(1) OF TITLE 18.—Section 924(e)(1)
of title 18, United States Code, is amended by striking ‘‘,
and such person shall not be eligible for parole with respect
to the sentence imposed under this subsection’’.
(b) SECTION
924(c)(1) 
OF
TITLE
18.—Section
924(c)(1) of title 18, United States Code, is amended by
striking ‘‘No person sentenced under this subsection shall
be eligible for parole during the term of imprisonment im-
posed under this subsection.’’.
SEC. 411. PROHIBITION AGAINST TRANSACTIONS INVOLV-
ING STOLEN FIREARMS WHICH HAVE MOVED
IN INTERSTATE OR FOREIGN COMMERCE.
Section 922(j) of title 18, United States Code, is
amended to read as follows:
‘‘(j) It shall be unlawful for any person to receive, pos-
sess, conceal, store, barter, sell, or dispose of any stolen fire-
arm or stolen ammunition, or pledge or accept as security
for a loan any stolen firearm or stolen ammunition, which
is moving as, which is a part of, which constitutes, or which
has been shipped or transported in, interstate or foreign
commerce, either before or after it was stolen, knowing or
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having reasonable cause to believe that the firearm or am-
munition was stolen.’’.
SEC. 412. USING A FIREARM IN THE COMMISSION OF COUN-
TERFEITING OR FORGERY.
Pursuant to its authority under section 994 of title
28, United States Code, the United States Sentencing Com-
mission shall amend its sentencing guidelines to provide an
appropriate enhancement of the punishment for a defendant
convicted of a felony under chapter 25 of title 18, United
States Code, if the defendant used or carried a firearm (as
defined in section 921(a)(3) of title 18, United States Code)
during and in relation to the felony.
SEC. 413. ENHANCED PENALTIES FOR FIREARMS POSSES-
SION BY VIOLENT FELONS AND SERIOUS
DRUG OFFENDERS.
Pursuant to its authority under section 994 of title
28, United States Code, the United States Sentencing Com-
mission shall amend its sentencing guidelines to—
(1) appropriately enhance penalties in cases in
which a defendant convicted under section 922(g) of
title 18, United States Code, has 1 prior conviction
by any court referred to in section 922(g)(1) of title
18 for a violent felony (as defined in section
924(e)(2)(B) of that title) or a serious drug offense (as
defined in section 924(e)(2)(A) of that title); and
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(2) appropriately enhance penalties in cases in
which such a defendant has 2 prior convictions for a
violent felony (as so defined) or a serious drug offense
(as so defined).
SEC. 414. RECEIPT OF FIREARMS BY NONRESIDENT.
Section 922(a) of title 18, United States Code, is
amended—
(1) by striking ‘‘and’’ at the end of paragraph
(7);
(2) by striking the period at the end of para-
graph (8) and inserting ‘‘; and’’; and
(3) by adding at the end the following new para-
graph:
‘‘(9) for any person, other than a licensed im-
porter, licensed manufacturer, licensed dealer, or li-
censed collector, who does not reside in any State to
receive any firearms unless such receipt is for lawful
sporting purposes.’’.
SEC. 415. FIREARMS AND EXPLOSIVES CONSPIRACY.
(a) FIREARMS.—Section 924 of title 18, United States
Code, as amended by section 404(a), is amended by adding
at the end the following new subsection:
‘‘(l) A person who conspires to commit any offense
under this chapter shall be subject to the same penalties as
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those prescribed for the offense the commission of which was
the object of the conspiracy, except that—
‘‘(1) in the case of a conspiracy to commit an of-
fense under subsection (c) of this section, the author-
ized term of imprisonment shall be any term of years
not exceeding 20; and
‘‘(2) if the firearm is a machinegun or destruc-
tive device, or is equipped with a firearm silencer or
muffler, the authorized term of imprisonment shall be
any term of years or life.’’.
(b) EXPLOSIVES.—Section 844 of title 18, United
States Code, as amended by section 404(b), is amended by
adding at the end the following new subsection:
‘‘(l) A person who conspires to commit any offense
under this chapter shall be subject to the same penalties as
those prescribed for the offense the commission of which was
the object of the conspiracy, except that in the case of a
conspiracy to commit an offense under subsection (h) of this
section, the authorized term of imprisonment shall be any
term of years not exceeding 20.
SEC. 416. STUDY OF INCENDIARY AMMUNITION; REPORT TO
CONGRESS.
(a) STUDY.—The Secretary of the Treasury shall con-
duct a study of the incendiary ammunition offered for sale
under the brand name ‘‘Dragon’s Breath’’ and also known
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as the ‘‘Three Second Flame Thrower’’, and all incendiary
ammunition of similar function or effect, for the purpose
of determining whether there is a reasonable sporting use
for such ammunition and whether there is a reasonable use
for such ammunition in law enforcement.
(b) REPORT TO THE CONGRESS.—Not later than 1
year after the date of enactment of this Act, the Secretary
of the Treasury shall submit to the Committee on the Judi-
ciary of the House of Representatives a report containing
the results of the study required by subsection (a) and rec-
ommendations for such legislative or administrative action,
with respect to the ammunition referred to in subsection
(a), as the Secretary deems appropriate.
SEC. 417. THEFT OF FIREARMS OR EXPLOSIVES FROM LI-
CENSEE.
(a) FIREARMS.—Section 924 of title 18, United States
Code, as amended by section 415(a), is amended by adding
at the end the following new subsection:
‘‘(m) A person who steals any firearm from a licensed
importer, licensed manufacturer, licensed dealer, or licensed
collector shall be fined under this title, imprisoned not more
than 10 years, or both.’’.
(b) EXPLOSIVES.—Section 844 of title 18, United
States Code, as amended by section 415(b), is amended by
adding at the end the following new subsection:
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‘‘(m) A person who steals any explosive material from
a licensed importer, licensed manufacturer, or licensed deal-
er, or from any permittee shall be fined under this title,
imprisoned not more than 10 years, or both.’’.
SEC. 418. DISPOSING OF EXPLOSIVES TO PROHIBITED PER-
SONS.
Section 842(d) of title 18, United States Code, is
amended by striking ‘‘licensee’’ and inserting ‘‘person’’.
SEC. 419. CLARIFICATION OF ‘‘BURGLARY’’ UNDER THE
ARMED CAREER CRIMINAL STATUTE.
Section 924(e)(2) of title 18, United States Code, is
amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (B)(ii);
(2) by striking the period at the end of subpara-
graph (C) and inserting ‘‘; and’’; and
(3) by adding at the end the following new sub-
paragraph:
‘‘(D) the term ‘burglary’ means any crime pun-
ishable by a term of imprisonment exceeding 1 year
and consisting of entering or remaining surrep-
titiously within a building that is the property of an-
other with intent to engage in conduct constituting a
Federal or State offense.’’.
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SEC. 420. INCREASED PENALTY FOR INTERSTATE GUN
TRAFFICKING.
Section 924 of title 18, United States Code, as amend-
ed by section 417(a), is amended by adding at the end the
following new subsection:
‘‘(n) A person who, with the intent to engage in con-
duct that constitutes a violation of section 922(a)(1)(A),
travels from any State or foreign country into any other
State and acquires, or attempts to acquire, a firearm in
such other State in furtherance of such purpose shall be im-
prisoned for not more than 10 years.’’.
TITLE V—OBSTRUCTION OF
JUSTICE
SEC. 501. PROTECTION OF COURT OFFICERS AND JURORS.
Section 1503 of title 18, United States Code, is amend-
ed—
(1) by inserting ‘‘(a)’’ before ‘‘Whoever’’;
(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 new sub-
section:
‘‘(b) The punishment for an offense under this section
is—
‘‘(1) in the case of a killing, the punishment pro-
vided in sections 1111 and 1112;
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‘‘(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 20 years;
and
‘‘(3) in any other case, imprisonment for not
more than 10 years.’’; and
(4) in subsection (a), as designated by para-
graph (1), by striking ‘‘commissioner’’ each place it
appears and inserting ‘‘magistrate judge’’.
SEC. 502. PROHIBITION OF RETALIATORY KILLINGS OF WIT-
NESSES, VICTIMS AND INFORMANTS.
Section 1513 of title 18, United States Code, is amend-
ed—
(1) by redesignating subsections (a) and (b) as
subsections (b) and (c), respectively; and
(2) by inserting after the section heading the fol-
lowing new subsection:
‘‘(a)(1) Whoever kills or attempts to kill another person
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
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‘‘(B) any information relating to the commission
or possible commission of a Federal offense or a viola-
tion of conditions of probation, parole, or release
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 pro-
vided in sections 1111 and 1112; and
‘‘(B) in the case of an attempt, imprisonment for
not more than 20 years.’’.
SEC. 503. PROTECTION OF JURORS AND WITNESSES IN CAP-
ITAL CASES.
Section 3432 of title 18, United States Code, is amend-
ed by inserting before the period the following: ‘‘, except that
such list of the veniremen and witnesses need not be fur-
nished if the court finds by a preponderance of the evidence
that providing the list may jeopardize the life or safety of
any person’’.
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SEC. 504. DEATH PENALTY FOR THE MURDER OF STATE OF-
FICIALS ASSISTING FEDERAL LAW ENFORCE-
MENT OFFICIALS.
(a) IN GENERAL.—Chapter 51 of title 18, United
States Code, as amended by section 112(a), is amended by
adding at the end the following new section:
‘‘§ 1120. Killing persons aiding Federal investigations
‘‘A person who intentionally kills—
‘‘(1) a State or local official, law enforcement of-
ficer, or other officer or employee while working with
Federal law enforcement officials in furtherance of a
Federal criminal investigation—
‘‘(A) while the victim is engaged in the per-
formance of official duties;
‘‘(B) because of the performance of the vic-
tim’s official duties; or
‘‘(C) because of the victim’s status as a pub-
lic servant; or
‘‘(2) any person assisting a Federal criminal in-
vestigation, while that assistance is being rendered
and because of it,
shall be sentenced as provided in section 1111, including
by sentence of death or by imprisonment for life.’’.
(b) TECHNICAL AMENDMENT.—The chapter analysis
for chapter 51 of title 18, United States Code, as amended
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by section 112(b), is amended by adding at the end the fol-
lowing new item:
‘‘1120. Killing persons aiding Federal investigations.’’.
SEC. 505. 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), the death penalty or imprisonment for life,
and in the case of any other killing, the punishment
provided in section 1112;’’.
TITLE VI—GANGS, JUVENILES,
DRUGS, AND PROSECUTORS
SEC. 601. SHORT TITLE.
This title may be cited as the ‘‘Anti-Gang and Youth
Protection Act of 1993’’.
Subtitle A—Criminal Youth Gangs
SEC. 611. CRIMINAL STREET GANGS OFFENSES.
(a) OFFENSE.—Title 18, United States Code, is
amended by inserting after chapter 93 the following new
chapter:
‘‘CHAPTER 94—PROHIBITED PARTICIPATION IN
CRIMINAL STREET GANGS AND GANG CRIME
‘‘Sec.
‘‘1930. Crimes in furtherance of gangs.
‘‘1931. Prohibited activity.
‘‘1932. Penalties.
‘‘1933. Joinder.
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‘‘§ 1930. Crimes in furtherance of gangs
‘‘(a) FINDINGS.—The Congress makes the following
findings:
‘‘(1) Criminal street gangs have become increas-
ingly prevalent and entrenched in our society in the
last several decades. In many areas of the country,
these gangs exert considerable control over other mem-
bers of their community, particularly through the use
of violence and drugs. Criminal street gangs have also
become more national in scope, extending their influ-
ence beyond the urban areas in which they originated.
‘‘(2) The major activities of criminal street
gangs are crimes of violence and the distribution and
use of illegal drugs. It is through these activities that
criminal street gangs directly affect interstate and
foreign commerce, even when their particular activi-
ties, viewed in isolation, appear to be purely intra-
state in character.
‘‘(b) BASIS FOR CHAPTER.—On the basis of the find-
ings stated in subsection (a), the Congress determines that
the provisions of this chapter are necessary and proper for
the purpose of carrying into execution the powers of Con-
gress to regulate commerce and to establish criminal law.
‘‘§ 1931. Prohibited activity
‘‘(a) DEFINITIONS.—In this chapter—
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‘‘ ‘criminal street gang’ means an organization
or group of 5 or more persons, whether formal or in-
formal, who act in concert, or agree to act in concert,
for a period in excess of 30 days, with a purpose that
any of those persons alone, or in any combination,
commit or will commit, 2 or more predicate gang
crimes, 1 of which must occur after the date of enact-
ment of this chapter and the last of which occurred
within 10 years (excluding any period of imprison-
ment) after the commission of a prior predicate gang
crime.
‘‘ ‘participate in a criminal street gang’ means
to act in concert with a criminal street gang with in-
tent to commit, or with the intent that any other per-
son associated with the criminal street gang will com-
mit, 1 or more predicate gang crimes.
‘‘ ‘predicate gang crime’ means—
‘‘(A) any act or threat, or attempted act or
threat, which is chargeable under Federal or
State law and punishable by imprisonment for
more than 1 year, involving murder, attempted
murder, voluntary manslaughter, kidnapping,
robbery, extortion, arson, obstruction of justice,
tampering with or retaliating against a witness,
victim, or informant, or manufacturing, import-
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ing, receiving, concealing, purchasing, selling,
possessing, or otherwise dealing in a controlled
substance or controlled substance analogue (as
those terms are defined in section 102 of the Con-
trolled Substances Act (21 U.S.C. 802));
‘‘(B) any act punishable by imprisonment
for more than 1 year under section 922 or 924
(a)(2), (b), (c), (g), or (h) (relating to receipt,
possession, and transfer of firearms), section
1503 (relating to obstruction of justice), section
1510 (relating to obstruction of criminal inves-
tigations), section 1512 (relating to tampering
with a witness, victim, or informant), or section
1513 (relating to retaliating against a witness,
victim, or informant); or
‘‘(C) any act punishable under subsection
(b)(5).
‘‘ ‘State’ means a State, the District of Columbia,
and any commonwealth, territory, or possession of the
United States.
‘‘(b) UNLAWFUL ACTS.—It shall be unlawful—
‘‘(1) to commit, or to attempt to commit, a pred-
icate gang crime with intent to promote or further the
activities of a criminal street gang or for the purpose
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of gaining entrance to or maintaining or increasing
position in such a gang;
‘‘(2) to participate, or attempt to participate, in
a criminal street gang, or conspire to do so;
‘‘(3) to command, counsel, persuade, induce, en-
tice, or coerce any individual to participate in a
criminal street gang;
‘‘(4) to employ, use, command, counsel, persuade,
induce, entice, or coerce any individual to commit,
cause to commit, or facilitate the commission of, a
predicate gang crime, with intent to promote the ac-
tivities of a criminal street gang or for the purpose
of gaining entrance to or maintaining or increasing
position in such a gang; or
‘‘(5) to use any communication facility, as de-
fined in section 403(b) of the Controlled Substances
act (21 U.S.C. 843(b)), in causing or facilitating the
commission, or attempted commission, of a predicate
gang crime with intent to promote or further the ac-
tivities of a criminal street gang or for the purpose
of gaining entrance to or maintaining or increasing
position in such a gang. Each separate use of a com-
munication facility shall be a separate offense under
this subsection.
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‘‘§ 1932. Penalties
‘‘(a) PENALTIES OF UP TO 20 YEARS OR LIFE IMPRIS-
ONMENT.—A person who violates section 1931(b) (1) or (2)
shall be punished by imprisonment for not more than 20
years, or by imprisonment for any term of years or for life
if the violation is based on a predicate gang crime for which
the maximum penalty includes life imprisonment, and if
a person commits such a violation after 1 or more prior
convictions for such a predicate gang crime, that is not part
of the instant violation, such person shall be sentenced to
a term of imprisonment which shall not be less than 10
years and which may be for any term of years exceeding
10 years or for life.
‘‘(b) PENALTIES BETWEEN 5 AND 10 YEARS.—A per-
son who violates section 1931(b) (3) or (4) shall be sentenced
to imprisonment for not less than 5 nor more than 10 years,
and if a person who was the subject of the act was less than
18 years of age, to imprisonment for 10 years. A term of
imprisonment under this subsection shall run consecutively
to any other term of imprisonment, including that imposed
for any other violation of this chapter.
‘‘(c) PENALTIES OF UP TO 5 YEARS.—A person who
violates section 1931(b)(5) shall be punished by imprison-
ment for not more than 5 years.
‘‘(d) ADDITIONAL PENALTIES.—
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‘‘(1) IN GENERAL.—In addition to the other pen-
alties authorized by this section—
‘‘(A) a person who violates section 1931(b)
(1) or (2), 1 of whose predicate gang crimes in-
volves murder or conspiracy to commit murder
which results in the taking of a life, and who
commits, counsels, commands, induces, procures,
or causes that murder, shall be punished by
death or by imprisonment for life;
‘‘(B) a person who violates section 1931(b)
(1) or (2), 1 of whose predicate gang crimes in-
volves attempted murder or conspiracy to com-
mit murder, shall be sentenced to a term of im-
prisonment which shall not be less than 20 years
and which may be for any term of years exceed-
ing 20 years or for life; and
‘‘(C) a person who violates section 1931(b)
(1) or (2), and who at the time of the offense oc-
cupied a position of organizer or supervisor, or
other position of management in that street
gang, shall be sentenced to a term of imprison-
ment which shall not be less than 15 years and
which may be for any term of years exceeding 15
years or for life.
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‘‘(2) PRESUMPTION.—For purposes of paragraph
(1)(C), if it is shown that the defendant counseled,
commanded, induced, or procured 5 or more individ-
uals to participate in a street gang, there shall be a
rebuttable presumption that the defendant occupied a
position of organizer, supervisor, or other position of
management in the gang.
‘‘(e) FORFEITURE.—
‘‘(1) IN GENERAL.—A person who violates sec-
tion 1931(b) (1) or (2) shall, in addition to any other
penalty and irrespective of any provision of State
law, forfeit to the United States—
‘‘(A) any property constituting, or derived
from, any proceeds the person obtained, directly
or indirectly, as a result of the violation; and
‘‘(B) any property used, or intended to be
used, in any manner or part, to commit, or to
facilitate the commission of, the violation.
‘‘(2) APPLICATION OF CONTROLLED SUBSTANCES
ACT.—Section 413 (b), (c), (e), (f), (g), (h), (i), (j),
(k), (l), (m), (n), (o), and (p) of the Controlled Sub-
stances Act (21 U.S.C. 853 (b), (c), and (e), (f), (g),
(h), (i), (j), (k), (l), (m), (n), (o), and (p)) shall apply
to a forfeiture under this section.
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‘‘§ 1933. Joinder
‘‘In a prosecution of an offense under this chapter
charging a conspiracy to commit an offense, the trial of
all of the alleged conspirators shall be joined in a single
district court, and a motion to transfer shall not be granted
unless the interest of justice so requires.’’;
(b) TECHNICAL AMENDMENT.—The part analysis for
part I of title 18, United States Code, is amended by insert-
ing after the item for chapter 93 the following new item:
‘‘94. Prohibited participation in criminal street gangs
and gang crimes ......................................................... 1930’’.
(c) SENTENCING GUIDELINES INCREASE FOR GANG
CRIMES.—(1) The United States Sentencing Commission
shall at the earliest opportunity amend the sentencing
guidelines to increase by at least 4 levels the base offense
level for any felony committed for the purpose of gaining
entrance into, or maintaining or increasing position in, a
criminal street gang. For purposes of this subsection,
‘‘criminal street gang’’ means any organization, or group,
of 5 or more individuals, whether formal or informal, who
act in concert, or agree to act in concert, for a period in
excess of 30 days, with the intent that any of those individ-
uals alone, or in any combination, commit or will commit,
2 or more acts punishable under State or Federal law by
imprisonment for more than 1 year.
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(2) The United States Sentencing Commission shall re-
view and, if necessary, amend its sentencing guidelines to
provide that activity of a defendant as an organizer or lead-
er of a criminal street gang shall be an aggravating factor
in determining a sentence for an offense under chapter 26
of title 18, United States Code.
SEC. 612. CRIMES INVOLVING THE USE OF MINORS AS RICO
PREDICATES.
Section 1961(1) of title 18, United States Code, is
amended—
(1) by striking ‘‘or’’ before ‘‘(E)’’; and
(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. 613. 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 striking ‘‘and’’ at the end of clause (ii)
and inserting ‘‘or’’; and
(3) by adding at the end the following:
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‘‘(iii) any act of juvenile delinquency
that if committed by an adult would be a
serious drug offense described in this para-
graph; and’’.
SEC. 614. ADULT PROSECUTION OF SERIOUS JUVENILE OF-
FENDERS.
Section 5032 of title 18, United States Code, is amend-
ed—
(1) in the first undesignated paragraph—
(A) by striking ‘‘an offense described in sec-
tion 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 conspiracy or attempt
to commit an offense) described in section 401,
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, 844, or 846), section
1002(a), 1003, 1005, 1009, 1010(b)(1), (2), or
(3), of the Controlled Substances Import and Ex-
port Act (21 U.S.C. 952(a), 953, 955, 959,
960(b)(1), (2), or (3), or 963),’’; and
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(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 sec-
tion 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 attempt to com-
mit an offense) described in section 401, or 404
(insofar as the violation involves more than 5
grams of a mixture or substance which contains
cocaine base), of the Controlled Substances Act
(21 U.S.C. 841, 844, or 846), section 1002(a),
1005, 1009, 1010(b)(1), (2), or (3), of the Con-
trolled 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 Controlled
Substances Act, or section 1002(a), 1003, 1009,
or 1010(b)(1), (2), or (3) of the Controlled Sub-
stances Import and Export Act (21 U.S.C.
952(a), 953, 959, 960(b)(1), (2), (3))’’ and in-
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serting ‘‘or an offense (or conspiracy or attempt
to commit an offense) described in section
401(b)(1)(A), (B), or (C), (d), or (e), or 404 (in-
sofar as the violation involves more than 5
grams of a mixture or substance which contains
cocaine base), of the Controlled Substances 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 Sub-
stances 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 juvenile
played a leadership role in an organization, or other-
wise influenced other persons to take part in criminal
activities, involving the use or distribution of con-
trolled 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 factor shall not
preclude such a transfer.’’.
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SEC. 615. INCREASED PENALTIES FOR EMPLOYING CHIL-
DREN TO DISTRIBUTE DRUGS NEAR SCHOOLS
AND PLAYGROUNDS.
Section 419 of the Controlled Substances Act (21
U.S.C. 860) is amended—
(1) by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively; and
(2) by inserting after subsection (b) the following
new subsection:
‘‘(c) Notwithstanding any other law, any person at
least 18 years of age who knowingly and intentionally—
‘‘(1) employs, hires, uses, persuades, induces, en-
tices, or coerces a person under 18 years of age to vio-
late this section; or
‘‘(2) employs, hires, uses, persuades, induces, en-
tices, or coerces a person under 18 years of age to as-
sist in avoiding detection or apprehension for any of-
fense under this section by any Federal, State, or
local law enforcement official,
is punishable by a term of imprisonment, a fine, or both,
up to triple those authorized by section 401.’’.
SEC. 616. INCREASED PENALTIES FOR DRUG TRAFFICKING
NEAR PUBLIC HOUSING.
Section 419 of the Controlled Substances Act (21
U.S.C. 860) is amended—
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(1) in subsection (a) by striking ‘‘playground, or
within’’ and inserting ‘‘playground, or housing facil-
ity owned by a public housing authority, or within’’;
and
(2) in subsection (b) by striking ‘‘playground, or
within’’ and inserting ‘‘playground, or housing facil-
ity owned by a public housing authority, or within’’.
SEC. 617. INCREASED PENALTIES FOR TRAVEL ACT CRIMES
INVOLVING VIOLENCE AND CONSPIRACY TO
COMMIT CONTRACT KILLINGS.
(a) TRAVEL ACT PENALTIES.—Section 1952(a) of title
18, United States Code, is amended by striking ‘‘and there-
after performs or attempts to perform any of the acts speci-
fied in subparagraphs (1), (2), and (3), shall be fined not
more than $10,000 or imprisoned for not more than five
years, or both.’’ and inserting ‘‘and thereafter performs or
attempts to perform—
‘‘(A) an act described in paragraph (1) or (3)
shall be fined under this title, imprisoned not more
than 5 years, or both; or
‘‘(B) an act described in paragraph (2) shall be
fined under this title, imprisoned for not more than
20 years, or both, and if death results shall be impris-
oned for any term of years or for life.’’.
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(b) 
MURDER
CONSPIRACY
PENALTIES.—Section
1958(a) of title 18, United States Code, is amended by in-
serting ‘‘or who conspires to do so’’ before ‘‘shall be fined’’
the first place it appears.
SEC. 618. AMENDMENTS CONCERNING RECORDS OF CRIMES
COMMITTED BY JUVENILES.
(a) 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 com-
mitting 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 Investigation, Identi-
fication Division. The court shall also transmit to the Fed-
eral Bureau of Investigation, Identification Division, the
information concerning the adjudication, including name,
date of adjudication, court, offenses, and sentence, along
with the notation that the matter was a juvenile adjudica-
tion. The fingerprints, photograph, and other records and
information relating to a juvenile described in this sub-
section, or to a juvenile who is prosecuted as an adult, shall
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be made available in the manner applicable to adult defend-
ants.
‘‘(f) In addition to any other authorization under this
section for the reporting, retention, disclosure, or availabil-
ity 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, disclosure, or
availability of records or information relating to a juvenile
or to a juvenile delinquency proceeding or adjudication in
certain circumstances, then such reporting, retention, dis-
closure, or availability is permitted under this section
whenever the same circumstances exist.’’.
(b) Section 3607 of title 18, United States Code, is re-
pealed, and the corresponding item in the chapter analysis
for chapter 229 of title 18 is deleted.
(c) Section 401(b)(4) of the Controlled Substances Act
(21 U.S.C. 841(b)(4)) is amended by striking ‘‘and section
3607 of title 18’’.
SEC. 619. ADDITION OF ANTI-GANG BYRNE GRANT FUNDING
OBJECTIVE.
Section 501(b) of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3751) is amend-
ed—
(1) in paragraph (20) by striking ‘‘and’’ at the
end;
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(2) in paragraph (21) by striking the period and
inserting ‘‘; and’’; and
(3) by inserting after paragraph (21) the follow-
ing new paragraph:
‘‘(22) law enforcement and prevention programs
relating to gangs, or to youth who are involved or at
risk of involvement in gangs.’’.
Subtitle B—Gang Prosecution
SEC. 621. ADDITIONAL PROSECUTORS.
There is authorized to be appropriated $20,000,000 for
each of fiscal years 1994, 1995, 1996, 1997, and 1998 for
the hiring of additional Assistant United States Attorneys
to prosecute violent youth gangs.
SEC. 622. GANG INVESTIGATION COORDINATION AND IN-
FORMATION COLLECTION.
(a) COORDINATION.—The Attorney General (or the At-
torney General’s designee), in consultation with the Sec-
retary of the Treasury (or the Secretary’s designee), shall
develop a national strategy to coordinate gang-related in-
vestigations by Federal law enforcement agencies.
(b) DATA COLLECTION.—The Director of the Federal
Bureau of Investigation shall acquire and collect informa-
tion on incidents of gang violence for inclusion in an an-
nual uniform crime report.
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(c) REPORT.—The Attorney General shall prepare a
report on national gang violence outlining the strategy de-
veloped under subsection (a) to be submitted to the Presi-
dent and Congress by January 1, 1995.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out this section
$1,000,000 for fiscal year 1994.
SEC. 623. CONTINUATION OF FEDERAL-STATE FUNDING
FORMULA.
Section 504(a)(1) of title I of the Omnibus Crime and
Safe Streets Act of 1968 (42 U.S.C. 3754(a)(1)) is amended
by striking ‘‘1992’’ and inserting ‘‘1993’’.
SEC. 624. GRANTS FOR MULTIJURISDICTIONAL DRUG TASK
FORCES.
Section 504(f) of title I of the Omnibus Crime and Safe
Streets Act of 1968 (42 U.S.C. 3754(f)) is amended by in-
serting ‘‘and gang’’ after ‘‘Except for grants awarded to
State and local governments for the purpose of participat-
ing in multijurisdictional drug’’.
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Subtitle C—Grants Under the Juve-
nile Justice and Delinquency
Prevention Act of 1974
SEC. 631. JUVENILE DRUG TRAFFICKING AND GANG PRE-
VENTION GRANTS.
Part B of title II of the Juvenile Justice and Delin-
quency Prevention Act of 1974 (42 U.S.C. 5631 et seq.) is
amended—
(1) by inserting after the part heading the fol-
lowing subpart heading:
‘‘Subpart I—General Grant Programs’’;
and
(2) by adding at the end the following new sub-
part:
‘‘Subpart II—Juvenile Drug Trafficking and Gang
Prevention Grants
‘‘FORMULA GRANTS
‘‘SEC. 231. (a) AUTHORIZATION.—The Administrator
may make grants to States, units of general local govern-
ment, private not-for-profit anticrime organizations, or
combinations thereof to assist them in planning, establish-
ing, operating, coordinating, and evaluating projects, di-
rectly or through grants and contracts with public and pri-
vate agencies, for the development of more effective pro-
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grams including prevention and enforcement programs to
reduce—
‘‘(1) the formation or continuation of juvenile
gangs; and
‘‘(2) the use and sale of illegal drugs by juve-
niles.
‘‘(b) PARTICULAR
PURPOSES.—The grants made
under this section can be used for any of the following spe-
cific purposes:
‘‘(1) To reduce the participation of juveniles in
drug-related crimes (including drug trafficking and
drug use), particularly in and around elementary
and secondary schools.
‘‘(2) To reduce juvenile involvement in organized
crime, drug and gang-related activity, particularly
activities that involve the distribution of drugs by or
to juveniles.
‘‘(3) To develop within the juvenile justice sys-
tem, including the juvenile corrections system, inno-
vative means to address the problems of juveniles con-
victed of serious drug-related and gang-related of-
fenses.
‘‘(4) To reduce juvenile drug and gang-related
activity in public housing projects.
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‘‘(5) To develop and provide parenting classes to
parents of at-risk youth, giving parents the skills they
need to provide adequate care and supervision of such
youth and to counteract the influences leading youth
to a life of gangs, crime, and drugs.
‘‘(6) To develop and provide training in methods
of nonviolent dispute resolution to youth of junior
high school and high school age.
‘‘(7) To reduce and prevent juvenile drug and
gang-related activity in rural areas.
‘‘(8) To provide technical assistance and train-
ing to personnel and agencies responsible for the adju-
dicatory and corrections components of the juvenile
justice system to—
‘‘(A) identify drug-dependent or gang-in-
volved juvenile offenders; and
‘‘(B) provide appropriate counseling and
treatment to such offenders.
‘‘(9) To promote the involvement of all juveniles
in lawful activities, including in-school and after-
school programs for academic, athletic, or artistic en-
richment that also teach that drug and gang involve-
ment are wrong.
‘‘(10) To facilitate Federal and State cooperation
with local school officials to develop education, pre-
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vention, and treatment programs for juveniles who
are likely to participate in drug trafficking, drug use,
or gang-related activities.
‘‘(11) To prevent juvenile drug and gang involve-
ment in public housing projects through programs es-
tablishing youth sports and other activities, including
girls’ and boys’ clubs, scout troops, and little leagues.
‘‘(12) To provide pre- and post-trial drug abuse
treatment to juveniles in the juvenile justice system
with the highest possible priority to providing drug
abuse treatment to drug-dependent pregnant juveniles
and drug-dependent juvenile mothers.
‘‘(13) To provide education and treatment pro-
grams for juveniles exposed to severe violence in their
homes, schools, or neighborhoods.
‘‘(14) To establish sports mentoring and coach-
ing programs in which athletes serve as role models
for juveniles to teach that athletics provides a positive
alternative to drug and gang involvement.
‘‘AUTHORIZATION OF APPROPRIATIONS
‘‘SEC. 232. There are authorized to be appropriated
$100,000,000 for fiscal year 1994 and such sums as are nec-
essary for fiscal year 1995 to carry out this subpart.
‘‘ALLOCATION OF FUNDS
‘‘SEC. 233. The amounts appropriated for this subpart
for any fiscal year shall be allocated as follows:
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‘‘(1) $500,000 or 1.0 percent, whichever is great-
er, shall be allocated to each of the States.
‘‘(2) Such sums as are necessary to carry out
section 235.
‘‘(3) Of the funds remaining after the allocation
under paragraphs (1) and (2), there shall be allocated
to each State an amount that bears the same ratio to
the amount of remaining funds described in this
paragraph as the population of juveniles residing in
the State bears to the population of juveniles residing
in all the States.
‘‘APPLICATION
‘‘SEC. 234. (a) IN GENERAL.—Each State or entity
applying for a grant under section 231 shall submit an ap-
plication to the Administrator in such form and containing
such information as the Administrator shall prescribe.
‘‘(b) REGULATIONS.—To the extent practicable, the
Administrator shall prescribe regulations governing appli-
cations for this subpart that are substantially similar to
the regulations governing applications required under sub-
part I of this part and subpart II of part C, including the
regulations relating to competition.
‘‘MENTAL HEALTH SCREENING
‘‘SEC. 235. (a) SENSE OF THE CONGRESS.—It is the
sense of the Congress that no child should have to be incar-
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cerated in a State youth center or detention facility solely
in order to receive mental health treatment.
‘‘(b) IN GENERAL.—Not later than two years after the
date of enactment of this subpart, the Attorney General, act-
ing through the Administrator of the Office of Juvenile Jus-
tice and Delinquency Prevention, in collaboration with the
Secretary of Health and Human Services, acting through
the Administrator of Substance Abuse and Mental Health
Services Administration, shall, subject to the availability
of appropriations—
‘‘(1) study the nature and prevalence of mental
illness among youth in the juvenile justice system at
several different points in the system, including the
arrest stage, the adjudication, and dispositional state,
and the commitment stage;
‘‘(2) develop a model system that the States can
use to assess, diagnose, and treat the mental health
needs of youth who come in contact with the juvenile
justice system for mental illness; and
‘‘(3) disseminate the results of the study and the
model to each State’s Juvenile Justice Advisory
Group.
‘‘(c) STUDY.—The study should include analysis of—
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‘‘(1) national prevalence of rates of the different
clinical categories of mental illness for youth who
come in contact with the juvenile justice system;
‘‘(2) the prevalence of multiple mental disorders
among youth who have come in contact with the juve-
nile justice system;
‘‘(3) recommendations to the Committee on the
Judiciary of the Senate and the Committees on Edu-
cation and Labor of the House of Representatives on
the appropriateness and need for further Federal ac-
tion; and
‘‘(4) such other analysis as is appropriate.
‘‘(d) MODEL.—The model should provide—
‘‘(1) guidelines for accurate and timely assess-
ment, diagnosis, and treatment at several different
points in the juvenile justice system including the ar-
rest stage, the adjudication and dispositional stage,
and the commitment stage;
‘‘(2) a method for fostering collaboration between
the mental health agencies, juvenile justice agencies,
educational agencies, social services agencies, sub-
stance abuse treatment agencies, police, and families;
‘‘(3) a funding mechanism for the model; and
‘‘(4) such other guidelines as are appropriate.’’.
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SEC. 632. CONFORMING REPEALER AND AMENDMENTS.
(a) REPEAL OF PART D.—Part D of title II of the
Juvenile Justice and Delinquency Prevention Act of 1974
(42 U.S.C. 5667 et seq.) is repealed, and part E of title
II of that Act is redesignated as part D.
(b) AUTHORIZATION
OF APPROPRIATIONS.—Section
291 of title II of the Juvenile Justice and Delinquency Pre-
vention Act of 1974 (42 U.S.C. 5671) is amended—
(1) in subsection (a)—
(A) in paragraph (1) by striking ‘‘(1)’’ and
by striking ‘‘(other than part D)’’; and
(B) by striking paragraph (2); and
(2) in subsection (b) by striking ‘‘(other than
part D)’’.
SEC. 633. GRANTS FOR YOUTH DEVELOPMENT CENTERS.
Part B of title II of the Juvenile Justice and Delin-
quency Prevention Act of 1974 (42 U.S.C. 5631 et seq.),
as amended by section 611, is amended by adding at the
end the following new subpart:
‘‘Subpart III—Youth Violence Prevention Block Grants
‘‘SEC. 238. (a) IN GENERAL.—The Administrator of
the Office of Juvenile Justice and Delinquency Prevention
shall subject to availability of appropriations make grants
to States to assist the States in planning, establishing, oper-
ating, coordinating, and evaluating programs directly or
through grants and contracts with public and private agen-
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cies for the development of more effective education, train-
ing, research, prevention, diversion, treatment, and reha-
bilitation programs in the area of juvenile violence.
‘‘(b) ISSUES TO BE ADDRESSED.—A program funded
under subsection (a) shall address issues identified as con-
tributing to youth violence, which may include—
‘‘(1) conflict resolution programs in schools;
‘‘(2) alternatives to school suspension;
‘‘(3) juvenile court diversion programs; and
‘‘(4) other innovative projects.
‘‘(c) ALLOCATION
OF FUNDS.—The amount appro-
priated under this section for a fiscal year shall be allocated
among the States by allocating to each State an amount
that bears the same proportion to the amount appropriated
as the number of residents of the State under the age of
18 years bears to the number of residents of all of the States
under the age of 18 years.
‘‘(d) ADMINISTRATION.—Grants made under this sec-
tion shall be administered by the State office designated
under section 507 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3757).
‘‘(e) APPLICATIONS BY PUBLIC AND PRIVATE AGEN-
CIES.—
‘‘(1) IN GENERAL.—A public or private agency
desiring to receive a grant or enter into a contract
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under this subpart shall submit an application at
such time, in such manner, and containing such in-
formation as the office described in subsection (d)
may prescribe.
‘‘(2) CONTENTS.—In accordance with guidelines
established by the office described in subsection (d),
an application under paragraph (1) shall—
‘‘(A) set forth a program or activity for car-
rying out 1 or more of the purposes described in
subsections (a) and (b) and specifically identify
each such purpose that the program or activity
is designed to carry out;
‘‘(B) provide that the program or activity
will be administered by or under the supervision
of the applicant;
‘‘(C) provide for the proper and efficient ad-
ministration of the program or activity;
‘‘(D) provide for regular evaluation of the
program or activity;
‘‘(E) provide an assurance that the pro-
posed program or activity will supplement, not
supplant, similar programs and activities al-
ready available in the community;
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‘‘(F) describe how the program or activity
will be coordinated with programs, activities,
and services available locally;
‘‘(G) provide that regular reports on such
program or activity shall be sent to the admin-
istering office named in subsection (d); and
‘‘(H) provide for such fiscal control and
fund accounting procedures as may be necessary
to ensure prudent use, proper disbursement, and
accurate accounting of funds received under this
subpart.
‘‘(f) MATCHING FUNDS REQUIREMENTS.—
‘‘(1) FUNDS RECEIVED UNDER THIS SUBPART.—
Funds received through a grant under this section
may not be expended for more than 75 percent of the
cost of any program that is so funded.
‘‘(2) FUNDS FROM OTHER SOURCES.—In provid-
ing for the 25 percent share of the cost of a program
from other sources, a State—
‘‘(A) shall provide for such share through a
payment in cash or in kind, fairly evaluated, in-
cluding facilities, equipment, or services; and
‘‘(B) may provide for such share through
State sources, local sources, private sources, non-
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profit sources, other Federal sources, or any com-
bination of these sources.
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$25,000,000 for each of fiscal years 1995 and 1996.’’.
Subtitle D—Bindover System for
Certain Violent Juveniles
SEC. 641. BINDOVER SYSTEM.
Section 501(b) of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3751), as amended
by section 1002, is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(21);
(2) by striking the period at the end of para-
graph (22) and inserting ‘‘; and’’; and
(3) by adding at the end the following new para-
graph:
‘‘(23) programs that address the need for effective
bindover systems for the prosecution of violent juve-
niles 13 years of age and older in courts with juris-
diction over adults for the crimes of—
‘‘(A) murder in the first degree;
‘‘(B) murder in the second degree;
‘‘(C) attempted murder;
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‘‘(D) armed robbery when armed with a
firearm;
‘‘(E) aggravated battery or assault when
armed with a firearm;
‘‘(F) criminal sexual penetration when
armed with a firearm; and
‘‘(G) drive-by shootings as described in sec-
tion 36 of title 18, United States Code.’’.
Subtitle E—Federal Prosecutions
SEC. 651. PROSECUTION AS ADULTS OF VIOLENT JUVENILE
OFFENDERS.
Section 5032 of title 18, United States Code, is amend-
ed by adding at the end the following new paragraph:
‘‘(A) Notwithstanding any other provision of this sec-
tion or any other law, a juvenile who was 13 years old or
older on the date of the commission of an offense under sec-
tion 113 (a), (b), or (c), 1111, 1113, 2111 or 2113 (if the
juvenile was in possession of a firearm during the offense),
or 2241 (a) or (c) (if the juvenile was in possession of a
firearm during the offense) shall be prosecuted as an adult
in Federal court. No juvenile prosecuted as an adult under
this paragraph shall be incarcerated in an adult prison.
‘‘(B) If a juvenile prosecuted under this paragraph is
convicted, the juvenile shall be entitled to file a petition for
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resentencing pursuant to applicable sentencing guidelines
when he or she reaches the age of 16.
‘‘(C) The United States Sentencing Commission shall
promulgate guidelines, or amend existing guidelines, if nec-
essary, to carry out the purposes of this section. For
resentencing determinations pursuant to subsection (b), the
Commission may promulgate guidelines, if necessary to
permit sentencing adjustments which may include adjust-
ments which provide for supervised release, for defendants
who have clearly demonstrated (i) an exceptional degree of
responsibility for the offense and (ii) a willingness and abil-
ity to refrain from further criminal conduct.
Subtitle F—Youth Handgun Safety
SEC. 661. FINDINGS AND DECLARATIONS.
The Congress finds and declares that—
(1) Crime, particularly crime involving drugs
and guns, is a pervasive, nationwide problem.
(2) Problems with crime at the local level are ex-
acerbated by the interstate movement of drugs, guns,
and criminal gangs.
(3) Firearms and ammunition, and handguns in
particular, move easily in interstate commerce, as
documented in numerous hearings in both the Judici-
ary Committee of the House of Representatives and
Judiciary Committee of the Senate.
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(4) In fact, even before the sale of a handgun, the
gun, its component parts, ammunition, and the raw
materials from which they are made have consider-
ably moved in interstate commerce.
(5) While criminals freely move from State to
State, ordinary citizens may fear to travel to or
through certain parts of the country due to the con-
cern that violent crime is not under control, and for-
eigners may decline to travel in the United States for
the same reason.
(6) Just as the hardened drug kingpins begin
their life in the illicit drug culture by exposure to
drugs at a young age, violent criminals often start
their criminal careers on streets where the ready
availability of guns to young people results in the ac-
ceptability of their random use.
(7) Violent crime and the use of illicit drugs go
hand-in-hand, and attempts to control one without
controlling the other may be fruitless.
(8) Individual States and localities find it im-
possible to handle the problem by themselves; even
States and localities that have made a strong effort to
prevent, detect, and punish crime find their effort
unavailing due in part to the failure or inability of
other States and localities to take strong measures.
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(9) Inasmuch as illicit drug activity and related
violent crime overflow State lines and national
boundaries, the Congress has power, under the inter-
state commerce clause and other provisions of the
Constitution, to enact measures to combat these prob-
lems.
(10) The Congress finds that it is necessary and
appropriate to assist the States in controlling crime
by stopping the commerce in handguns with juveniles
nationwide, and allowing the possession of handguns
by juveniles only when handguns are possessed and
used for legitimate purposes under appropriate condi-
tions.
SEC. 662. PROHIBITION OF THE POSSESSION OF A HAND-
GUN OR AMMUNITION BY, OR THE PRIVATE
TRANSFER OF A HANDGUN OR AMMUNITION
TO, A JUVENILE.
(a) DEFINITION.—Section 921(a) of title 18, United
States Code, is amended by adding at the end the following
new paragraph:
‘‘(29) The term ‘handgun’ means—
‘‘(A) a firearm that has a short stock and
is designed to be held and fired by the use of a
single hand; and
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‘‘(B) any combination of parts from which
a firearm described in subparagraph (A) can be
assembled.’’.
(b) OFFENSE.—Section 922 of title 18, United States
Code, is amended by adding at the end the following new
subsection:
‘‘(s)(1) It shall be unlawful for a person to sell, deliver,
or otherwise transfer to a person who the transferor knows
or has reasonable cause to believe is a juvenile—
‘‘(A) a handgun; or
‘‘(B) ammunition that is suitable for use only in
a handgun.
‘‘(2) It shall be unlawful for any person who is a juve-
nile to knowingly possess—
‘‘(A) a handgun; or
‘‘(B) ammunition that is suitable for use only in
a handgun.
‘‘(3) This subsection does not apply to—
‘‘(A) a temporary transfer of a handgun or am-
munition to a juvenile or to the possession or use of
a handgun or ammunition by a juvenile if the hand-
gun and ammunition are possessed and used by the
juvenile—
‘‘(i) in the course of employment, in the
course of ranching or farming related to activi-
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ties at the residence of the juvenile (or on prop-
erty used for ranching or farming at which the
juvenile, with the permission of the property
owner or lessee, is performing activities related
to the operation of the farm or ranch), target
practice, hunting, or a course of instruction in
the safe and lawful use of a handgun;
‘‘(ii) with the prior written consent of the
juvenile’s parent or guardian who is not prohib-
ited by Federal, State, or local law from possess-
ing a firearm, except—
‘‘(I) during transportation by the juve-
nile of an unloaded handgun in a locked
container directly from the place of transfer
to a place at which an activity described in
clause (i) is to take place and transpor-
tation by the juvenile of that handgun, un-
loaded and in a locked container, directly
from the place at which such an activity
took place to the transferor; or
‘‘(II) with respect to ranching or farm-
ing activities as described in clause (i), a
juvenile may possess and use a handgun or
ammunition with the prior written ap-
proval of the juvenile’s parent or legal
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guardian and at the direction of an adult
who is not prohibited by Federal, State or
local law from possessing a firearm.
‘‘(iii) the juvenile has the prior written con-
sent in the juvenile’s possession at all times when
a handgun is in the possession of the juvenile;
and
‘‘(iv) in accordance with State and local
law;
‘‘(B) a juvenile who is a member of the Armed
Forces of the United States or the National Guard
who possesses or is armed with a handgun in the line
of duty;
‘‘(C) a transfer by inheritance of title (but not
possession) of a handgun or ammunition to a juve-
nile; or
‘‘(D) the possession of a handgun or ammunition
by a juvenile taken in defense of the juvenile or other
persons against an intruder into the residence of the
juvenile or a residence in which the juvenile is an in-
vited guest.
‘‘(4) A handgun or ammunition, the possession of
which is transferred to a juvenile in circumstances in which
the transferor is not in violation of this subsection shall
not be subject to permanent confiscation by the Government
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if its possession by the juvenile subsequently becomes unlaw-
ful because of the conduct of the juvenile, but shall be re-
turned to the lawful owner when such handgun or ammuni-
tion is no longer required by the Government for the pur-
poses of investigation or prosecution.
‘‘(5) For purposes of this subsection, the term ‘juvenile’
means a person who is less than 18 years of age.
‘‘(6)(A) In a prosecution of a violation of this sub-
section, the court shall require the presence of a juvenile
defendant’s parent or legal guardian at all proceedings.
‘‘(B) The court may use the contempt power to enforce
subparagraph (A).
‘‘(C) The court may excuse attendance of a parent or
legal guardian of a juvenile defendant at a proceeding in
a prosecution of a violation of this subsection for good cause
shown.’’.
(c) PENALTIES.—Section 924(a) of title 18, United
States Code, is amended—
(1) in paragraph (1) by striking ‘‘paragraph (2)
or (3) of’’; and
(2) by adding at the end the following new para-
graph:
‘‘(5)(A)(i) A juvenile who violates section 922(s) shall
be fined under this title, imprisoned not more than 1 year,
or both, except that a juvenile described in clause (ii) shall
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be sentenced to probation on appropriate conditions and
shall not be incarcerated unless the juvenile fails to comply
with a condition of probation.
‘‘(ii) A juvenile is described in this clause if—
‘‘(I) the offense of which the juvenile is charged
is possession of a handgun or ammunition in viola-
tion of section 922(s)(2); and
‘‘(II) the juvenile has not been convicted in any
court of an offense (including an offense under section
922(s) or a similar State law, but not including any
other offense consisting of conduct that if engaged in
by an adult would not constitute an offense) or adju-
dicated as a juvenile delinquent for conduct that if
engaged in by an adult would constitute an offense.
‘‘(B) A person other than a juvenile who knowingly
violates section 922(s)—
‘‘(i) shall be fined under this title, imprisoned
not more than 1 year, or both; and
‘‘(ii) if the person sold, delivered, or otherwise
transferred a handgun or ammunition to a juvenile
knowing or having reasonable cause to know that the
juvenile intended to carry or otherwise possess or dis-
charge or otherwise use the handgun or ammunition
in the commission of a crime of violence, shall be
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fined under this title, imprisoned not more than 10
years, or both.’’.
(d) TECHNICAL AMENDMENT OF JUVENILE DELIN-
QUENCY
PROVISIONS
IN
TITLE
18, UNITED
STATES
CODE.—
(1) SECTION
5031.—Section 5031 of title 18,
United States Code, is amended by inserting ‘‘or a
violation by such a person of section 922(s)’’ before
the period at the end.
(2) SECTION
5032.—Section 5032 of title 18,
United States Code, is amended—
(A) in the first undesignated paragraph by
inserting ‘‘or (s)’’ after ‘‘922(p)’’; and
(B) in the fourth undesignated paragraph
by inserting ‘‘or section 922(s) of this title,’’ be-
fore ‘‘criminal prosecution on the basis’’.
(e) TECHNICAL AMENDMENT OF THE JUVENILE JUS-
TICE AND DELINQUENCY PREVENTION ACT OF 1974.—Sec-
tion 223(a)(12)(A) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5633(a)(12)(A)) is
amended by striking ‘‘which do not constitute violations of
valid court orders’’ and inserting ‘‘(other than an offense
that constitutes a violation of a valid court order or a viola-
tion of section 922(s) of title 18, United States Code, or
a similar State law).’’
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(f) MODEL
LAW.—The Attorney General, acting
through the Director of the National Institute for Juvenile
Justice and Delinquency Prevention, shall—
(1) evaluate existing and proposed juvenile
handgun legislation in each State;
(2) develop model juvenile handgun legislation
that is constitutional and enforceable;
(3) prepare and disseminate to State authorities
the findings made as the result of the evaluation; and
(4) report to Congress by December 31, 1994,
findings and recommendations concerning the need or
appropriateness of further action by the Federal Gov-
ernment.
SEC. 663. PROHIBITION OF THE SALE AND TRANSFER FOR
CONSIDERATION OF A HANDGUN OR HAND-
GUN AMMUNITION TO A JUVENILE.
(a) OFFENSE.—Section 922 of title 18, United States
Code, is amended by adding at the end thereof the following
new subsection:
‘‘(t)(1) Except as provided in paragraph (3), it shall
be unlawful for any person to sell or otherwise transfer for
consideration to a person who the seller or transferor
knows or has reasonable cause to believe is a juvenile—
‘‘(A) a handgun; or
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‘‘(B) ammunition that is suitable for use only in
a handgun.
‘‘(2) For purposes of this subsection—
‘‘(i) the term ‘juvenile’ means a person who is
less than 18 years of age; and
‘‘(ii) the term ‘handgun’ means—
‘‘(I) a firearm that has a short stock and is
designed to be held and fired by the use of a sin-
gle hand; and
‘‘(II) any combination of parts from which
a firearm described in subclause (I) can be as-
sembled.
‘‘(3) This subsection shall not apply to a sale or a
transfer of a handgun or ammunition if the sale or transfer
was made in accordance with State and local law and with
the prior consent of the juvenile’s parent or legal guardian
who is not prohibited by Federal, State, or local law from
possessing a firearm.’’.
(b) PENALTIES.—Section 924(a) of title 18, United
States Code, is amended—
(1) in paragraph (1) by striking out ‘‘paragraph
(2) or (3) of’’; and
(2) by adding at the end the following new para-
graph:
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‘‘(5)(A) Except as provided in subparagraph
(B), whoever knowingly violates subsection (t) of sec-
tion 922 shall be fined not more than $5,000, impris-
oned not more than five years, or both.
‘‘(B) Whoever knowingly violates subsection (t) of
section 922 knowing or having reasonable cause to
know that the juvenile to whom the handgun or am-
munition was sold or otherwise transferred for consid-
eration intended to carry, possess, discharge, or other-
wise use such handgun or ammunition in the com-
mission of a crime of violence, shall be fined under
this title, imprisoned not more than 10 years, or
both.’’.
TITLE VII—TERRORISM
Subtitle A—Maritime Navigation
and Fixed Platforms
SEC. 701. OFFENSES OF VIOLENCE AGAINST MARITIME
NAVIGATION OR FIXED PLATFORMS.
Chapter 111 of title 18, United States Code, is amend-
ed by adding at the end the following new sections:
‘‘§ 2280. Violence against maritime navigation
‘‘(a) OFFENSES.—
‘‘(1) IN
GENERAL.—A person who unlawfully
and intentionally—
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‘‘(A) seizes or exercises control over a ship
by force or threat thereof or any other form of in-
timidation;
‘‘(B) performs an act of violence against a
person on board a ship if that act is likely to en-
danger the safe navigation of that ship;
‘‘(C) destroys a ship or causes damage to a
ship or to its cargo which is likely to endanger
the safe navigation of that ship;
‘‘(D) 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 endan-
gers or is likely to endanger the safe navigation
of that ship;
‘‘(E) destroys or seriously damages mari-
time navigational facilities or seriously interferes
with their operation, if such act is likely to en-
danger the safe navigation of a ship;
‘‘(F) communicates information, knowing
the information to be false and under cir-
cumstances in which such information may rea-
sonably be believed, thereby endangering the safe
navigation of a ship;
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‘‘(G) injures or kills any person in connec-
tion with the commission or the attempted com-
mission of any of the offenses set forth in sub-
paragraphs (A) through (F); or
‘‘(H) attempts to do any act prohibited
under subparagraphs (A) through (G),
shall be fined under this title, imprisoned not more
than 20 years, or both; and if the death of any person
results from conduct prohibited by this paragraph,
shall be punished by death or imprisoned for any
term of years or for life.
‘‘(2) THREAT
TO
NAVIGATION.—A person who
threatens to do any act prohibited under paragraph
(1) (B), (C) or (E), with apparent determination and
will to carry the threat into execution, if the threat-
ened act is likely to endanger the safe navigation of
the ship in question, shall be fined under this title,
imprisoned not more than 5 years, or both.
‘‘(b) JURISDICTION.—There is jurisdiction over the
prohibited activity in subsection (b)—
‘‘(1) in the case of a covered ship, if—
‘‘(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;
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‘‘(ii) in the United States and the ac-
tivity is not prohibited as a crime by the
State in which the activity takes place; or
‘‘(iii) the activity takes place on a ship
flying the flag of a foreign country or out-
side the United States, by a national of the
United States or by a stateless person whose
habitual residence is in the United States;
‘‘(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 Unit-
ed States after such activity is committed;
‘‘(2) in the case of a ship navigating or sched-
uled to navigate solely within the territorial sea or
internal waters of a country other than the United
States, if the offender is later found in the United
States after such activity is committed; and
‘‘(3) in the case of any vessel, if such activity is
committed in an attempt to compel the United States
to do or abstain from doing any act.
‘‘(c) It is a bar to Federal presecution under subsection
(a) for conduct that occurred within the United States that
the conduct involved was during or in relation to a labor
dispute, and such conduct is prohibited as a felony under
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the law of the State in which it was committed. For pur-
poses of this section, the term ‘labor dispute’ has the mean-
ing set forth in section 2(c) of the Norris-LaGuardia Act,
as amended (29 U.S.C. 113(c)).
‘‘(d) DEFINITIONS.—In this section—
‘‘ ‘covered ship’ means a ship that is navigating
or is scheduled to navigate into, through or from wa-
ters beyond the outer limit of the territorial sea of a
single country or a lateral limit of that country’s ter-
ritorial sea with an adjacent country.
‘‘ ‘national of the United States’ has the meaning
stated in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)).
‘‘ ‘territorial sea of the United States’ means all
waters extending seaward to 12 nautical miles from
the baselines of the United States determined in ac-
cordance with international law.
‘‘ ‘ship’ means a vessel of any type whatsoever
not permanently attached to the sea-bed, including
dynamically supported craft, submersibles or any
other floating craft, but does not include a warship,
a ship owned or operated by a government when
being used as a naval auxiliary or for customs or po-
lice purposes, or a ship which has been withdrawn
from navigation or laid up.
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‘‘ ‘United States’, when used in a geographical
sense, includes the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands and
all territories and possessions of the United States.
‘‘§ 2281. Violence against maritime fixed platforms
‘‘(a) OFFENSES.—
‘‘(1) IN
GENERAL.—A person who unlawfully
and intentionally—
‘‘(A) seizes or exercises control over a fixed
platform by force or threat thereof or any other
form of intimidation;
‘‘(B) performs an act of violence against a
person on board a fixed platform if that act is
likely to endanger its safety;
‘‘(C) destroys a fixed platform or causes
damage to it which is likely to endanger its safe-
ty;
‘‘(D) places or causes to be placed on a fixed
platform, by any means whatsoever, a device or
substance which is likely to destroy that fixed
platform or likely to endanger its safety;
‘‘(E) injures or kills any person in connec-
tion with the commission or the attempted com-
mission of any of the offenses set forth in sub-
paragraphs (A) through (D); or
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‘‘(F) attempts to do anything prohibited
under subparagraphs (A) through (E),
shall be fined under this title, imprisoned not more
than 20 years, or both; and if death results to any
person from conduct prohibited by this paragraph,
shall be punished by death or imprisoned for any
term of years or for life.
‘‘(2) THREAT TO SAFETY.—A person who threat-
ens to do anything prohibited under paragraph (1)
(B) or (C), with apparent determination and will to
carry the threat into execution, if the threatened act
is likely to endanger the safety of the fixed platform,
shall be fined under this title, imprisoned not more
than 5 years, or both.
‘‘(b) JURISDICTION.—There is jurisdiction over the
prohibited activity in subsection (b) if—
‘‘(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
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‘‘(C) in an attempt to compel the United
States to do or abstain from doing any act;
‘‘(2) during the commission of such activity
against or on board a fixed platform located on a
continental shelf, a national of the United States is
seized, threatened, injured or killed; or
‘‘(3) such activity is committed against or on
board a fixed platform located outside the United
States and beyond the continental shelf of the United
States and the offender is later found in the United
States.
‘‘(c) It is a bar to Federal presecution under subsection
(a) for conduct that occurred within the United States that
the conduct involved was during or in relation to a labor
dispute, and such conduct is prohibited as a felony under
the law of the State in which it was committed. For pur-
poses of this section, the term ‘labor dispute’ has the mean-
ing set forth in section 2(c) of the Norris-LaGuardia Act,
as amended (29 U.S.C. 113(c)).
‘‘(d) DEFINITIONS.—In this section—
‘‘ ‘continental shelf’ means the sea-bed and sub-
soil of the submarine areas that extend beyond a
country’s territorial sea to the limits provided by cus-
tomary international law as reflected in Article 76 of
the 1982 Convention on the Law of the Sea.
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‘‘ ‘fixed platform’ means an artificial island, in-
stallation or structure permanently attached to the
sea-bed for the purpose of exploration or exploitation
of resources or for other economic purposes.
‘‘ ‘national of the United States’ has the meaning
stated in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)).
‘‘ ‘territorial sea of the United States’ means all
waters extending seaward to 12 nautical miles from
the baselines of the United States determined in ac-
cordance with international law.
‘‘ ‘United States’, when used in a geographical
sense, includes the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands and
all territories and possessions of the United States.’’.
SEC. 702. TECHNICAL AMENDMENT.
The chapter analysis for chapter 111 of title 18, United
States Code, is amended by adding at the end the following
new items:
‘‘2280. Violence against maritime navigation.
‘‘2281. Violence against maritime fixed platforms.’’.
SEC. 703. EFFECTIVE DATES.
This subtitle and the amendments made by this sub-
title shall take effect on the later of—
(1) the date of the enactment of this Act; or
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(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 Convention;
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 Plat-
forms Located on the Continental Shelf has come into
force and the United States has become a party to
that Protocol.
Subtitle B—General Provisions
SEC. 711. WEAPONS OF MASS DESTRUCTION.
(a) FINDINGS.—The Congress finds that the use and
threatened use of weapons of mass destruction (as defined
in section 2332a of title 18, United States Code, as added
by subsection (b)) gravely harm the national security and
foreign relations interests of the United States, seriously af-
fect interstate and foreign commerce, and disturb the domes-
tic tranquility of the United States.
(b) OFFENSE.—Chapter 113A of title 18, United
States Code, is amended by inserting after section 2332 the
following new section:
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‘‘§ 2332a. Use of weapons of mass destruction
‘‘(a) DEFINITIONS.—In this section—
‘‘ ‘national of the United States’ has the meaning
given in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)).
‘‘ ‘weapon of mass destruction’ means—
‘‘(A) any destructive device (as defined in
section 921);
‘‘(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) OFFENSE.—A person who uses, or attempts or
conspires to use, a weapon of mass destruction—
‘‘(1) against a national of the United States
while such national is outside of the United States;
‘‘(2) against any person within the United
States; or
‘‘(3) against any property that is owned, leased
or used by the United States or by any department
or agency of the United States, whether the property
is within or outside of the United States;
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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.’’.
(c) TECHNICAL AMENDMENT.—The chapter analysis
for chapter 113A of title 18, United States Code, is amended
by inserting after the item relating to section 2332 the fol-
lowing new item:
‘‘2332a. Use of weapons of mass destruction.’’.
SEC. 712. ENHANCED PENALTIES FOR CERTAIN OFFENSES.
(a) SECTION 1705(b).—Section 206(b) of the Inter-
national Economic Emergency Powers Act (50 U.S.C.
1705(b)) is amended by striking ‘‘$50,000’’ and inserting
‘‘$1,000,000’’.
(b) SECTION 1705(a).—Section 206(a) of the Inter-
national Economic Emergency Powers Act (50 U.S.C.
1705(a)) is amended by striking ‘‘$10,000’’ and inserting
‘‘$1,000,000’’.
(c) SECTION 1541.—Section 1541 of title 18, United
States Code, is amended—
(1) 
by 
striking 
‘‘$500’’ 
and 
inserting
‘‘$250,000’’; and
(2) by striking ‘‘one year’’ and inserting ‘‘5
years’’.
(d) CHAPTER 75.—Sections 1542, 1543, 1544 and
1546 of title 18, United States Code, are each amended—
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(1) by striking ‘‘$2,000’’ each place it appears
and inserting ‘‘$250,000’’; and
(2) by striking ‘‘five years’’ each place it appears
and inserting ‘‘10 years’’.
(e) SECTION 1545.—Section 1545 of title 18, United
States Code, is amended—
(1) 
by 
striking 
‘‘$2,000’’ 
and 
inserting
‘‘$250,000’’; and
(2) by striking ‘‘three years’’ and inserting ‘‘10
years’’.
SEC. 713. TERRITORIAL SEA EXTENDING TO TWELVE MILES
INCLUDED IN SPECIAL MARITIME AND TERRI-
TORIAL JURISDICTION.
The Congress declares that all the territorial sea of the
United States, as defined by Presidential Proclamation
5928 of December 27, 1988, is part of the United States,
subject to its sovereignty, and, for purposes of Federal
criminal jurisdiction, is within the special maritime and
territorial jurisdiction of the United States wherever that
term is used in title 18, United States Code.
SEC. 714. ASSIMILATED CRIMES IN EXTENDED TERRI-
TORIAL SEA.
Section 13 of title 18, United States Code (relating to
the adoption of State laws for areas within Federal jurisdic-
tion), is amended—
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(1) by inserting after ‘‘title’’ in subsection (a) the
following: ‘‘or on, above, or below any portion of the
territorial sea of the United States not within the ter-
ritory of any State, Territory, Possession, or Dis-
trict’’; and
(2) by inserting at the end the following new
subsection:
‘‘(c) Whenever any waters of the territorial sea of the
United States lie outside the territory of any State, Terri-
tory, Possession, or District, such waters (including the air-
space above and the seabed and subsoil below, and artificial
islands and fixed structures erected thereon) shall be deemed
for purposes of subsection (a) to lie within the area of that
State, Territory, Possession, or District it would lie within
if the boundaries of such State, Territory, Possession, or
District were extended seaward to the outer limit of the ter-
ritorial sea of the United States.’’.
SEC. 715. JURISDICTION OVER CRIMES AGAINST UNITED
STATES NATIONALS ON CERTAIN FOREIGN
SHIPS.
Section 7 of title 18, United States Code (relating to
the special maritime and territorial jurisdiction of the
United States), is amended by inserting at the end thereof
the following new paragraph:
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‘‘(8) To the extent permitted by international law, any
foreign vessel during a voyage having a scheduled departure
from or arrival in the United States with respect to an of-
fense committed by or against a national of the United
States.’’.
SEC. 716. TORTURE.
(a) IN GENERAL.—Part I of title 18, United States
Code, is amended by inserting after chapter 113A the fol-
lowing new chapter:
‘‘CHAPTER 113B—TORTURE
‘‘Sec.
‘‘2340. Definitions.
‘‘2340A. Torture.
‘‘2340B. Exclusive remedies.
‘‘§ 2340. Definitions
‘‘In this chapter—
‘‘ ‘severe mental pain or suffering’ means the
prolonged mental harm caused by or resulting from—
‘‘(A) the intentional infliction or threatened
infliction of severe physical pain or suffering;
‘‘(B) the administration or application, or
threatened administration or application, of
mind altering substances or other procedures cal-
culated to disrupt profoundly the senses or the
personality;
‘‘(C) the threat of imminent death; or
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‘‘(D) the threat that another person will im-
minently be subjected to death, severe physical
pain or suffering, or the administration or ap-
plication of mind altering substances or other
procedures calculated to disrupt profoundly the
senses or personality.
‘‘ ‘torture’ means an act committed by a person
acting under the color of law specifically intended to
inflict severe physical or mental pain or suffering
(other than pain or suffering incidental to lawful
sanctions) upon another person within his custody or
physical control.
‘‘ ‘United States’ includes all areas under the ju-
risdiction 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 Federal Aviation
Act of 1958 (49 U.S.C. App. 1301(38)).
‘‘§ 2340A. Torture
‘‘(a) OFFENSES.—A person who outside the United
States commits or attempts to commit torture shall be fined
under this title, 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 imprisoned
for any term of years or for life.
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‘‘(b) JURISDICTION.—There is jurisdiction over the
prohibited activity in subsection (a) if—
‘‘(1) the alleged offender is a national of the
United States; or
‘‘(2) the alleged offender is present in the United
States, irrespective of the nationality of the victim or
the alleged offender.
‘‘§ 2340B. Exclusive remedies
‘‘Nothing in this chapter shall be construed as preclud-
ing the application of State or local laws on the same sub-
ject, nor shall anything in this chapter be construed as cre-
ating any substantive or procedural right enforceable by
law by any party in any civil proceeding.’’.
(b) TECHNICAL AMENDMENT.—The part analysis for
part I of title 18, United States Code, is amended by insert-
ing after the item for chapter 113A the following new item:
‘‘113B. Torture ........................................................................................... 2340.’’.
(c) EFFECTIVE DATE.—The amendment made by this
section shall take effect on the later of—
(1) the date of enactment of this Act; or
(2) the date on which the United States has be-
come a party to the Convention Against Torture and
Other Cruel, Inhuman or Degrading Treatment or
Punishment.
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SEC. 717. 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 3285 the
following new section:
‘‘§ 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 offense
involving a violation of section 32 (aircraft destruction),
section 36 (airport violence), section 112 (assaults upon
diplomats), section 351 (crimes against Congressmen or
Cabinet officers), section 1116 (crimes against diplomats),
section 1203 (hostage taking), section 1361 (willful 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 section 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 instituted within ten years next after
such offense shall have been committed.’’.
(b) TECHNICAL AMENDMENT.—The chapter analysis
for chapter 213 of title 18, United States Code, is amended
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by inserting after the item relating to section 3285 the fol-
lowing new item:
‘‘3286. Extension of statute of limitations for certain terrorism offenses.’’.
SEC. 718. FBI ACCESS TO TELEPHONE SUBSCRIBER INFOR-
MATION.
(a) REQUIRED CERTIFICATION.—Section 2709(b) of
title 18, United States Code, is amended to read as follows:
‘‘(b) REQUIRED CERTIFICATION.—The Director of the
Federal Bureau of Investigation, or his designee in a posi-
tion not lower than Deputy Assistant Director, may—
‘‘(1) request the name, address, length of service,
and toll billing records of a person or entity if the Di-
rector (or his designee in a position not lower than
Deputy Assistant Director) certifies in writing to the
wire or electronic communication service provider to
which the request is made that—
‘‘(A) the name, address, length of service,
and toll billing records sought are relevant to an
authorized foreign counterintelligence investiga-
tion; and
‘‘(B) there are specific and articulable facts
giving reason to believe that the person or entity
to whom the information sought pertains is a
foreign power or an agent of a foreign power as
defined in section 101 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801); and
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‘‘(2) request the name, address, and length of
service of a person or entity if the Director (or his
designee in a position not lower than Deputy Assist-
ant Director) certifies in writing to the wire or elec-
tronic communication service provider to which the
request is made that—
‘‘(A) the information sought is relevant to
an authorized foreign counterintelligence inves-
tigation; and
‘‘(B) there are specific and articulable facts
giving reason to believe that communication fa-
cilities registered in the name of the person or
entity have been used, through the services of
such provider, in communication with—
‘‘(i) an individual who is engaging or
has engaged in international terrorism as
defined in section 101(c) of the Foreign In-
telligence Surveillance Act or clandestine
intelligence activities that involve or may
involve a violation of the criminal statutes
of the United States; or
‘‘(ii) a foreign power or an agent of a
foreign power under circumstances giving
reason to believe that the communication
concerned international terrorism as de-
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fined in section 101(c) of the Foreign Intel-
ligence Surveillance Act or clandestine in-
telligence activities that involve or may in-
volve a violation of the criminal statutes of
the United States.’’.
(b) REPORT
TO JUDICIARY COMMITTEES.—Section
2709(e) of title 18, United States Code, is amended by add-
ing after ‘‘Senate’’ the following: ‘‘, and the Committee on
the Judiciary of the House of Representatives and the Com-
mittee on the Judiciary of the Senate,’’.
SEC. 
719. 
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 thereof the following
new section:
‘‘§ 36. Violence at international airports
‘‘(a) OFFENSE.—A person who unlawfully and inten-
tionally, using any device, substance, or weapon—
‘‘(1) performs an act of violence against a person
at an airport serving international civil aviation that
causes or is likely to cause serious bodily injury (as
defined in section 1365 of this title) or death; or
‘‘(2) destroys or seriously damages the facilities
of an airport serving international civil aviation or
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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, imprisoned not more than 20 years, or both;
and if the death of any person results from conduct prohib-
ited by this subsection, shall be punished by death or im-
prisoned for any term of years or for life.
‘‘(b) JURISDICTION.—There is jurisdiction over the
prohibited activity in subsection (a) if—
‘‘(1) the prohibited activity takes place in the
United States; or
‘‘(2) the prohibited activity takes place outside
the United States and the offender is later found in
the United States.
‘‘(c) It is a bar to Federal presecution under subsection
(a) for conduct that occurred within the United States that
the conduct involved was during or in relation to a labor
dispute, and such conduct is prohibited as a felony under
the law of the State in which it was committed. For pur-
poses of this section, the term ‘labor dispute’ has the mean-
ing set forth in section 2(c) of the Norris-LaGuardia Act,
as amended (29 U.S.C. 113(c)).
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(b) TECHNICAL AMENDMENT.—The chapter analysis
for chapter 2 of title 18, United States Code, is amended
by adding at the end the following new item:
‘‘36. Violence at international airports.’’.
(c) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on the later of—
(1) the date of enactment of this Act; or
(2) the date on which the Protocol for the Sup-
pression of Unlawful Acts of Violence at Airports
Serving International Civil Aviation, Supplementary
to the Convention for the Suppression of Unlawful
Acts Against the Safety of Civil Aviation, done at
Montreal on 23 September 1971, has come into force
and the United States has become a party to the Pro-
tocol.
SEC. 720. PREVENTING ACTS OF TERRORISM AGAINST CI-
VILIAN AVIATION.
(a) IN GENERAL.—Chapter 2 of title 18, United States
Code, as amended by section 719(a), is amended by adding
at the end the following new section:
‘‘§ 37. Violations of Federal aviation security regula-
tions
‘‘A person who willfully violates a security regulation
under part 107 or 108 of title 14, Code of Federal Regula-
tions (relating to airport and airline security) issued pur-
suant to section 315 or 316 of the Air Transportation Secu-
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rity Act of 1974 (49 U.S.C. App. 1356 and 1357), or a
successor part, shall be fined under this title, imprisoned
for not more than 1 year, or both.’’.
(b) TECHNICAL AMENDMENT.—The chapter analysis
for chapter 2 of title 18, United States Code, as amended
by section 719(b), is amended by adding at the end the fol-
lowing new item:
‘‘37. Violations of Federal aviation security regulations.’’.
SEC. 721. COUNTERFEITING UNITED STATES CURRENCY
ABROAD.
(a) IN GENERAL.—Chapter 25 of title 18, United
States Code, is amended by adding before section 471 the
following new section:
‘‘§ 470. Counterfeit acts committed outside the United
States
‘‘A person who, outside the United States, engages in
the act of—
‘‘(1) making, dealing, or possessing any counter-
feit obligation or other security of the United States;
or
‘‘(2) making, dealing, or possessing any plate,
stone, or other thing, or any part thereof, used to
counterfeit such obligation or security,
if such act would constitute a violation of section 471, 473,
or 474 if committed within the United States, shall be fined
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under this title, imprisoned for not more than 15 years,
or both.’’.
(b) TECHNICAL AMENDMENTS.—
(1) CHAPTER ANALYSIS.—The chapter analysis
for chapter 25 of title 18, United States Code, is
amended by adding before section 471 the following
new item:
‘‘470. Counterfeit acts committed outside the United States.’’.
(2) PART ANALYSIS.—The part analysis for part
I of title 18, United States Code, is amended by
amending the item for chapter 25 to read as follows:
‘‘25. Counterfeiting and forgery ........................................................
470’’.
SEC. 722. ECONOMIC TERRORISM TASK FORCE.
(a) ESTABLISHMENT AND PURPOSE.—There is estab-
lished an Economic Terrorism Task Force to—
(1) assess the threat of terrorist actions directed
against the United States economy, including actions
directed against the United States government and
actions against United States business interests;
(2) assess the adequacy of existing policies and
procedures designed to prevent terrorist actions di-
rected against the United States economy; and
(3) recommend administrative and legislative ac-
tions to prevent terrorist actions directed against the
United States economy.
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(b) MEMBERSHIP.—The Economic Terrorism Task
Force shall be chaired by the Secretary of State, or the Sec-
retary’s designee, and consist of—
(1) the Director of Central Intelligence;
(2) the Director of the Federal Bureau of Inves-
tigation;
(3) the Director of the United States Secret Serv-
ice;
(4) the Administrator of the Federal Aviation
Administration;
(5) the Chairman of the Board of Governors of
the Federal Reserve;
(6) the Under Secretary of the Treasury for Fi-
nance; and
(7) such other members of the Departments of
Defense, Justice, State, Treasury, or any other agency
of the United States government, as the Secretary of
State may designate.
(c) ADMINISTRATIVE PROVISIONS.—The Federal Advi-
sory Committee Act (5 U.S.C. App.) shall not apply with
respect to the Economic Terrorism Task Force.
(d) REPORT.—Not later than 180 days after the date
of enactment of this Act, the chairman of the Economic Ter-
rorism Task Force shall submit a report to the President
and the Congress detailing the findings and recommenda-