[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4055 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4055

                            To combat crime.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 16, 1994

    Mr. Burton  of Indiana introduced the following bill; which was 
    referred jointly to the Committees on the Judiciary, Energy and 
  Commerce, Foreign Affairs, Banking, Finance and Urban Affairs, and 
                             Armed Services

_______________________________________________________________________

                                 A BILL


 
                            To combat crime.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Table of contents.
                           TITLE I--BOOT CAMP

Sec. 101. Conversion of property and facilities at closed or realigned 
                            military installations into youthful 
                            offender boot camps.
Sec. 102. Grants for boot camps.
            TITLE II--STRONGER PENALTIES FOR DRUG OFFENDERS

Sec. 201. Life imprisonment or death penalty for certain drug 
                            trafficking offenses.
Sec. 202. Conforming amendments.
             TITLE III--VIOLENCE AGAINST WOMEN AND CHILDREN

Sec. 301.  Pretrial detention in sex offense cases.
Sec. 302.  Death penalty for murders committed by sex offenders.
Sec. 303.  Increased penalties for recidivist sex offenders.
Sec. 304.  Increased penalties for sex offenses against victims below 
                            the age of 16.
Sec. 305.  Sentencing guidelines increase for sex offenses.
Sec. 306.  HIV testing and penalty enhancement in sexual offense cases.
Sec. 307.  Admissibility of evidence of similar crimes in sex offense 
                            cases.
Sec. 308.  Interstate travel to commit spouse abuse or to violate 
                            protective order; interstate stalking.
Sec. 309.  Full faith and credit for protective orders.
Sec. 310.  Presumption against child custody for spouse abusers.
                TITLE IV--IMMIGRATION AND ASYLUM REFORM

Sec. 401.  Inspection and exclusion by immigration officers.
Sec. 402.  Enhanced penalties for alien smuggling.
Sec. 403.  Expanded forfeiture for smuggling or harboring illegal 
                            aliens.
Sec. 404.  Including alien smuggling as a racketeering activity for 
                            purposes of racketeering influenced and 
                            corrupt organizations (RICO) enforcement 
                            authority.
Sec. 405.  Effective dates.
Sec. 406.  Asylum.
Sec. 407.  Failure to appear for provisional asylum hearing; judicial 
                            review.
Sec. 408.  Effective dates.
Sec. 409.  Issuance of new identification cards for aliens.
Sec. 410.  Implementation.
Sec. 411.  No national identity card.
Sec. 412.  Employer education program.
Sec. 413.  Authorization of appropriations.
Sec. 414.  Employment eligibility verification demonstration project.
                  TITLE V--CHILD-RELATED SEX OFFENDERS

Sec. 501. Sense of Congress.
                     TITLE VI--TRUTH IN SENTENCING

Sec. 601.  Short title.
Sec. 602.  Findings and purpose.
Sec. 603.  Definition.
Sec. 604.  State sentencing reviews.
Sec. 605.  State sentencing systems.
Sec. 606.  Funding and compliance.
                TITLE VII--THREE STRIKES AND YOU'RE OUT

Sec. 701.  Life imprisonment or death penalty for third Federal violent 
                            felony conviction.
                    TITLE VIII--HABEAS CORPUS REFORM

  Subtitle A--Post Conviction Petitions: General Habeas Corpus Reform

Sec. 801.  Period of limitation for filing writ of habeas corpus 
                            following final judgment of a State court.
Sec. 802.  Authority of appellate judges to issue certificates of 
                            probable cause for appeal in habeas corpus 
                            and Federal collateral relief proceedings.
Sec. 803.  Conforming amendment to the rules of appellate procedure.
Sec. 804.  Discretion to deny habeas corpus application despite failure 
                            to exhaust State remedies.
Sec. 805.  Period of limitation for Federal prisoners filing for 
                            collateral remedy.
 Subtitle B--Special Procedures for Collateral Proceedings in Capital 
                                 Cases

Sec. 811.  Death penalty litigation procedures.
 Subtitle C--Funding for Litigation of Federal Habeas Corpus Petitions 
                            in Capital Cases

Sec. 821.  Funding for death penalty prosecutions.
               TITLE IX--INCREASE PENALTIES FOR JUVENILES

Sec. 901.  Prosecution as adults of violent juvenile offenders.

                           TITLE I--BOOT CAMP

SEC. 101. CONVERSION OF PROPERTY AND FACILITIES AT CLOSED OR REALIGNED 
              MILITARY INSTALLATIONS INTO YOUTHFUL OFFENDER BOOT CAMPS.

    (a) Bases Closed or Realigned Under 1990 Base Closure Law.--Section 
2905 of the Defense Base Closure and Realignment Act of 1990 (part A of 
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended by 
adding at the end the following:
    ``(f) Priority for Conversion to Youthful Offender Boot Camps.--(1) 
Notwithstanding subsection (b), before any action is taken with respect 
to the disposal or transfer of any real property or facility located at 
a military installation to be closed or realigned under this part, the 
Secretary of Defense shall notify the State and each local government 
in which the installation is located and other interested persons of 
the suitability of the property or facility for conversion and use as a 
youthful offender boot camp.
    ``(2) Subject to paragraph (3), the Secretary shall transfer 
(without reimbursement) the property or facilities described in the 
notification to the State, local government, or interested person if 
the State, local government, or person certifies that the property or 
facilities will be promptly converted to and used as a youthful 
offender boot camp.
    ``(3) Any certification submitted under paragraph (2) must be 
received by the Secretary not later than 180 days after the Secretary 
provides the notification required by paragraph (1) and must include a 
conversion and operating plan for the youthful offender boot camp. If 
the Secretary receives more than one certification, the Secretary shall 
select the recipient of the property or facility based upon the quality 
and feasibility of the competing conversion and operating plans. In the 
case of a certification submitted by a private person, the Secretary 
may reject the certification and refuse to transfer the property or 
facility concerned if--
            ``(A) the Secretary determines on the basis of the 
        conversion and operating plan that the person will likely be 
        unable to successfully convert or operate the proposed youthful 
        offender boot camp; or
            ``(B) the State or any local government in which the 
        installation is located opposes the transfer.
    ``(4) As used in this subsection, the term `youthful offender boot 
camp' means a correctional facility operated as a military-style boot 
camp to provide discipline, treatment, and work for adjudicated non-
violent offenders who are between the ages of 14 and 25, inclusive.''.
    (b) Bases Closed or Realigned Under 1988 Base Closure Law.--Section 
204 of the Defense Authorization Amendments and Base Closure and 
Realignment Act (title II of Public Law 100-526; 10 U.S.C. 2687 note) 
is amended by adding at the end the following new subsection:
    ``(e) Priority for Conversion to Youthful Offender Boot Camps.--(1) 
Notwithstanding subsection (b), before any action is taken with respect 
to the disposal or transfer of any real property or facility located at 
a military installation to be closed or realigned under this title, the 
Secretary of Defense shall notify the State and each local government 
in which the installation is located and other interested persons of 
the suitability of the property or facility for conversion and use as a 
youthful offender boot camp.
    ``(2) Subject to paragraph (3), the Secretary shall transfer 
(without reimbursement) the property or facilities described in the 
notification to the State, local government, or interested person if 
the State, local government, or person certifies that the property or 
facilities will be promptly converted to and used as a youthful 
offender boot camp.
    ``(3) Any certification submitted under paragraph (2) must be 
received by the Secretary not later than 180 days after the Secretary 
provides the notification required by paragraph (1) and must include a 
conversion and operating plan for the youthful offender boot camp. If 
the Secretary receives more than one certification, the Secretary shall 
select the recipient of the property or facility based upon the quality 
and feasibility of the competing conversion and operating plans. In the 
case of a certification submitted by a private person, the Secretary 
may reject the certification and refuse to transfer the property or 
facility concerned if--
            ``(A) the Secretary determines on the basis of the 
        conversion and operating plan that the person will likely be 
        unable to successfully convert or operate the proposed youthful 
        offender boot camp; or
            ``(B) the State or any local government in which the 
        installation is located opposes the transfer.
    ``(4) As used in this subsection, the term `youthful offender boot 
camp' means a correctional facility operated as a military-style boot 
camp to provide discipline, treatment, and work for adjudicated non-
violent offenders who are between the ages of 14 and 25, inclusive.''.
    (c) Model Youthful Offender Boot Camp.--
            (1) Development.--The Secretary of Defense, in consultation 
        with the Federal Bureau of Prisons and State and local 
        correctional agencies, shall develop a model program intended 
        to incorporate military basic training and other military 
        instruction and disciplinary procedures into the design and 
        operation of youthful offender boot camps at the Federal, 
        State, and local levels.
            (2) Definition.--For purposes of this subsection, the term 
        ``youthful offender boot camp'' means a correctional facility 
        operated as a military-style boot camp to provide discipline, 
        treatment, and work for adjudicated non-violent offenders who 
        are between the ages of 14 and 25, inclusive.

SEC. 102. GRANTS FOR BOOT CAMPS.

    Subsection (a) of section 516 of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3762b) is amended--
            (1) by striking ``80'' and inserting ``40''; and
            (2) by striking ``10'' the second place it appears and 
        inserting ``50''.

            TITLE II--STRONGER PENALTIES FOR DRUG OFFENDERS

SEC. 201. LIFE IMPRISONMENT OR DEATH PENALTY FOR CERTAIN DRUG 
              TRAFFICKING OFFENSES.

    (a) In General.--Part D of the Controlled Substances Act (21 U.S.C. 
841 et seq.) is amended by adding at the end the following:

   ``life imprisonment or death penalty for certain drug trafficking 
                                offenses

    ``Sec. 423. (a) Whoever commits a violation of this title or title 
III involving--
            ``(1) 4 or more kilograms of cocaine (including cocaine 
        freebase);
            ``(2) 2 or more kilograms of heroin;
            ``(3) 200,000 or more dosage units of lysergic acid 
        diethylamide; or
            ``(4) 200,000 or more dosage units of phencyclidine;
shall be sentenced to death or to life imprisonment without the benefit 
of parole, probation, or suspension.
    ``(b) The procedures applicable to the death penalty for an offense 
under section 902(i) of the Federal Aviation Act of 1958 shall, to the 
greatest extent practicable, apply to the death penalty for an offense 
under this section.''.
    (b) Clerical Amendment.--The table of contents of the Comprehensive 
Drug Abuse Prevention and Control Act of 1970 is amended by adding at 
the end of the items relating to part D of title II the following new 
item:

``Sec. 423. Life imprisonment or death penalty for certain drug 
                            trafficking offenses.''.

SEC. 202. CONFORMING AMENDMENTS.

    (a) Section 401.--Section 401(b) of the Controlled Substances Act 
(21 U.S.C. 841(b)) is amended in the matter before paragraph (1) by 
striking out ``418'' and inserting ``417, 418''.
    (b) Section 1010.--Paragraph (1) of section 1010(b) of the 
Controlled Substances Import and Export Act (21 U.S.C. 960(b)(1)) is 
amended in the matter before subparagraph (A) by striking out ``In'' 
and inserting in lieu thereof ``Except as otherwise provided in this 
title or title II, in''.

             TITLE III--VIOLENCE AGAINST WOMEN AND CHILDREN

SEC. 301. PRETRIAL DETENTION IN SEX OFFENSE CASES.

    Section 3156(a)(4) of title 18, United States Code, is amended by 
striking ``, or'' at the end of subparagraph (A) and inserting a 
semicolon, by striking the period at the end of subparagraph (B) and 
inserting ``; or'', and by adding after subparagraph (B) the following 
new subparagraph:
                    ``(C) any felony under chapter 109A or chapter 110 
                of this title.''.

SEC. 302. DEATH PENALTY FOR MURDERS COMMITTED BY SEX OFFENDERS.

    Title 18 of the United States Code is amended--
            (1) by adding the following new section at the end of 
        chapter 51:
``Sec. 1118. Capital Punishment for Murders Committed by Sex Offenders
    ``(a) Offense.--(1) Whoever, in a circumstance described in 
subsection (b) of this section--
            ``(A) causes the death of a person intentionally, 
        knowingly, or through recklessness manifesting extreme 
        indifference to human life; or
            ``(B) causes the death of a person through the intentional 
        infliction of serious bodily injury;
shall be punished as provided in subsection (c) of this section.
    ``(2) For the purposes of this section, conduct that results in the 
transfer of the human immunodeficiency virus to a person shall be 
deemed conduct that causes the death of that person, whether or not 
that person has died before the prosecution for the offense under this 
section takes place.
    ``(b) Required Circumstances.--The circumstance referred to in 
subsection (a) of this is that the conduct resulting in death occurs in 
the course of another offense against the United States.
    ``(c) Penalty.--The penalty for an offense under this section is a 
fine under this title or imprisonment for life or any term of years, or 
both. A sentence of death may also be imposed for an offense under this 
section as provided in subsections (d)-(l), except that a sentence of 
death may not be imposed on a defendant who was below the age of 18 
years at the time of the commission of the crime.
    ``(d) Mitigating Factors.--In determining whether to recommend a 
sentence of death, the jury shall consider whether any aspect of the 
defendant's character, background, or record or any circumstance of the 
offense that the defendant may proffer as a mitigating factor exists, 
including the following factors:
            ``(1) Mental capacity.--The defendant's mental capacity to 
        appreciate the wrongfulness of his conduct or to conform his 
        conduct to the requirements of law was significantly impaired.
            ``(2) Duress.--The defendant was under unusual and 
        substantial duress.
            ``(3) Participation in offense minor.--The defendant is 
        punishable as a principal (pursuant to section 2 of this title) 
        in the offense, which was committed by another, but the 
        defendant's participation was relatively minor.
    ``(e) Aggravating Factors.--In determining whether to recommend a 
sentence of death, the jury shall consider any aggravating factor for 
which notice has been provided under subsection (f), including the 
following factors:
            ``(1) Killing in course of designated sex crimes.--The 
        conduct resulting in death occurred in the course of an offense 
        defined in chapter 109A, 110, or 117 of this title.
            ``(2) Killing in connection with sexual assault or child 
        molestation.--The defendant committed a crime of sexual assault 
        or crime of child molestation, as defined in subsection (x), in 
        the course of an offense on which federal jurisdiction is based 
        under subsection (b).
            ``(3) Prior conviction of sexual assault or child 
        molestation.--The defendant has previously been convicted of a 
        crime of sexual assault or crime of child molestation as 
        defined in subsection (x).
    ``(f) Notice of Intent To Seek Death Penalty.--If the government 
intends to seek the death penalty for an offense under this section, 
the attorney for the government shall file with the court and serve on 
the defendant a notice of such intent. The notice shall be provided a 
reasonable time before the trial or acceptance of a guilty plea, or at 
such later time before trial as the court may permit for good cause. If 
the court permits a late filing of the notice upon a showing of good 
cause, the court shall ensure that the defendant has adequate time to 
prepare for trial. The notice shall set forth the aggravating factor or 
factors set forth in subsection (e) and any other aggravating factor or 
factors that the government will seek to prove as the basis for the 
death penalty. The factors for which notice is provided under this 
subsection may include factors concerning the effect of the offense on 
the victim and the victim's family. The court may permit the attorney 
for the government to amend the notice upon a showing of good cause.
    ``(g) Judge and Jury at Capital Sentencing Hearing.--A hearing to 
determine whether the death penalty will be imposed for an offense 
under this section shall be conducted by the judge who presided at 
trial or accepted a guilty plea, or by another judge if that judge is 
not available. The hearing shall be conducted before the jury that 
determined the defendant's guilt if that jury is available. A new jury 
shall be impaneled for the purpose of the hearing if the defendant 
pleaded guilty, the trial of guilt was conducted without a jury, the 
jury that determined the defendant's guilt was discharged for good 
cause, or reconsideration of the sentence is necessary after the 
initial imposition of a sentence of death. A jury impaneled under this 
subsection shall have twelve members unless the parties stipulate to a 
lesser number at any time before the conclusion of the hearing with the 
approval of the judge. Upon motion of the defendant, with the approval 
of the attorney for the government, the hearing shall be carried out 
before the judge without a jury. If there is no jury, references to 
`the jury' in this section, where applicable, shall be understood as 
referring to the judge.
    ``(h) Proof of Mitigating and Aggravating Factors.--No presentence 
report shall be prepared if a capital sentencing hearing is held under 
this section. Any information relevant to the existence of mitigating 
factors, or to the existence of aggravating factors for which notice 
has been provided under subsection (f), may be presented by either the 
government or the defendant. The information presented may include 
trial transcripts and exhibits. Information presented by the government 
in support of factors concerning the effect of the offense on the 
victim and the victim's family may include oral testimony, a victim 
impact statement that identifies the victim of the offense and the 
nature and extent of harm and loss suffered by the victim and the 
victim's family, and other relevant information. Information is 
admissible regardless of its admissibility under the rules governing 
the 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 attorney for the government and for the defendant shall be 
permitted to rebut any information received at the hearing, and shall 
be given fair opportunity to present argument as to the adequacy of the 
information to establish the existence of any aggravating or mitigating 
factor, and as to the appropriateness in that case of imposing a 
sentence of death. The attorney for the government shall open the 
argument, the defendant shall be permitted to reply, and the government 
shall then be permitted to reply in rebuttal.
    ``(i) Findings of Aggravating and Mitigating Factors.--The jury 
shall return special findings identifying any aggravating factor or 
factors for which notice has been provided under subsection (f) and 
which the jury unanimously determines have been established by the 
government beyond a reasonable doubt. A mitigating factor is 
established if the defendant has proven its existence by a 
preponderance of the evidence, and any member of the jury who finds the 
existence of such a factor may regard it as established for purposes of 
this section regardless of the number of jurors who concur that the 
factor has been established.
    ``(j) Finding Concerning a Sentence of Death.--If the jury 
specially finds under subsection (i) that one or more aggravating 
factors set forth in subsection (e) exist, and the jury further finds 
unanimously that there are no mitigating factors or that the 
aggravating factor or factors specially found under subsection (i) 
outweigh any mitigating factors, then the jury shall recommend a 
sentence of death. In any other case, the jury shall not recommend a 
sentence of death. The jury shall be instructed that it must avoid any 
influence of sympathy, sentiment, passion, prejudice, or other 
arbitrary factors in its decision, and should make such a 
recommendation as the information warrants.
    ``(k) Special Precaution To Assure Against Discrimination.--In a 
hearing held before a jury, the court, before the return of a finding 
under subsection (j), shall instruct the jury that, in considering 
whether to recommend a sentence of death, it shall not be influenced by 
prejudice or bias relating to the race, color, religion, national 
origin, or sex of the defendant or any victim, and that the jury is not 
to recommend a sentence of death unless it has concluded that it would 
recommend a sentence of death for such a crime regardless of the race, 
color, religion, national origin, or sex of the defendant or any 
victim. The jury, upon the return of a finding under subsection (j), 
shall also return to the court a certificate, signed by each juror, 
that the race, color, religion, national origin, or sex of the 
defendant or any victim did not affect the juror's individual decision 
and that the individual juror would have recommended the same sentence 
for such a crime regardless of the race, color, religion, national 
origin, or sex of the defendant or any victim.
    ``(l) Imposition of a Sentence of Death.--Upon a recommendation 
under subsection (j) that a sentence of death be imposed, the court 
shall sentence the defendant to death. Otherwise the court shall impose 
a sentence, other than death, that is authorized by law.
    ``(m) Review of a Sentence of Death.--The defendant may appeal a 
sentence of death under this section by filing a notice of appeal of 
the sentence within the time provided for filing a notice of appeal of 
the judgment of conviction. An appeal of a sentence under this 
subsection may be consolidated with an appeal of the judgment of 
conviction and shall have priority over all noncapital matters in the 
court of appeals. The court of appeals shall review the entire record 
in the case including the evidence submitted at trial and information 
submitted during the sentencing hearing, the procedures employed in the 
sentencing hearing, and the special findings returned under subsection 
(i). The court of appeals shall uphold the sentence if it determines 
that the sentence of death was not imposed under the influence of 
passion, prejudice, or any other arbitrary factor, that the evidence 
and information support the special findings under subsection (i), and 
that the proceedings were otherwise free of prejudicial error that was 
properly preserved for and raised on appeal. In any other case, the 
court of appeals shall remand the case for reconsideration of the 
sentence or imposition of another authorized sentence as appropriate, 
except that the court shall not reverse a sentence of death on the 
ground that an aggravating factor was not supported by the evidence and 
information if at least one aggravating factor set forth in subsection 
(e) which was found to exist remains and the court, on the basis of the 
evidence submitted at trial and the information submitted at the 
sentencing hearing, finds no mitigating factor or finds that the 
remaining aggravating factor or factors which were found to exist 
outweigh any mitigating factors. The court of appeals shall state in 
writing the reasons for its disposition of an appeal of a sentence of 
death under this section.
    ``(n) Implementation of Sentence of Death.--A person sentenced to 
death under this section shall be committed to the custody of the 
Attorney General until exhaustion of the procedures for appeal of the 
judgment of conviction and review of the sentence. When the sentence is 
to be implemented, the Attorney General shall release the person 
sentenced to death to the custody of a United States Marshal. The 
Marshal shall supervise implementation of the sentence in the manner 
prescribed by the law of the State in which the sentence is imposed, or 
in the manner prescribed by the law of another State designated by the 
court if the law of the State in which the sentence was imposed does 
not provide for implementation of a sentence of death. The Marshal may 
use State or local facilities, may use the services of an appropriate 
State or local official or of a person such an official employs, and 
shall pay the costs thereof in an amount approved by the Attorney 
General.
    ``(o) Special Bar To Execution.--A sentence of death shall not be 
carried out upon a woman while she is pregnant.
    ``(p) Conscientious Objection To Participation In Execution.--No 
employee of any State department of corrections, the Federal Bureau of 
Prisons, or the United States Marshals Service, and no person providing 
services to that department, bureau, or service under contract shall be 
required, as a condition of that employment or contractual obligation, 
to be in attendance at or to participate in any execution carried out 
under this section if such participation is contrary to the moral or 
religious convictions of the employee. For purposes of this subsection, 
the term `participate in any execution' includes personal preparation 
of the condemned individual and the apparatus used for the execution, 
and supervision of the activities of other personnel in carrying out 
such activities.
    ``(q) Appointment of Counsel for Indigent Capital Defendants.--A 
defendant against whom a sentence of death is sought, or on whom a 
sentence of death has been imposed, under this section, shall be 
entitled to appointment of counsel from the commencement of trial 
proceedings until one of the conditions specified in subsection (v) has 
occurred, if the defendant is or becomes financially unable to obtain 
adequate representation. Counsel shall be appointed for trial 
representation as provided in section 3005 of this title, and at least 
one counsel so appointed shall continue to represent the defendant 
until the conclusion of direct review of the judgment, unless replaced 
by the court with other qualified counsel. Except as otherwise provided 
in this section, the provisions of section 3006A of this title shall 
apply to appointments under this section.
    ``(r) Representation After Finality of Judgment.--When a judgment 
imposing a sentence of death under this section has become final 
through affirmance by the Supreme Court on direct review, denial of 
certiorari by the Supreme Court on direct review, or expiration of the 
time for seeking direct review in the court of appeals or the Supreme 
Court, the government shall promptly notify the court that imposed the 
sentence. The court, within 10 days of receipt of such notice, shall 
proceed to make a determination whether the defendant is eligible for 
appointment of counsel for subsequent proceedings. The court shall 
issue an order appointing one or more counsel to represent the 
defendant upon a finding that the defendant is financially unable to 
obtain adequate representation and wishes to have counsel appointed or 
is unable competently to decide whether to accept or reject appointment 
of counsel. The court shall issue an order denying appointment of 
counsel upon a finding that the defendant is financially able to obtain 
adequate representation or that the defendant rejected appointment of 
counsel with an understanding of the consequences of that decision. 
Counsel appointed pursuant to this subsection shall be different from 
the counsel who represented the defendant at trial and on direct review 
unless the defendant and counsel request a continuation or renewal of 
the earlier representation.
    ``(s) Standards for Competence of Counsel.--In relation to a 
defendant who is entitled to appointment of counsel under subsections 
(q)-(r), at least one counsel appointed for trial representation must 
have been admitted to the bar for at least 5 years and have at least 
three years of experience in the trial of felony cases in the Federal 
district courts. If new counsel is appointed after judgment, at least 
one counsel so appointed must have been admitted to the bar for at 
least 5 years and have at least 3 years of experience in the litigation 
of felony cases in the Federal courts of appeals or the Supreme Court. 
The court, for good cause, may appoint counsel who does not meet these 
standards, but whose background, knowledge, or experience would 
otherwise enable him or her to properly represent the defendant, with 
due consideration of the seriousness of the penalty and the nature of 
the litigation.
    ``(t) Claims of Ineffectiveness of Counsel In Collateral 
Proceedings.--The ineffectiveness or incompetence of counsel during 
proceedings on a motion under section 2255 of title 28, United States 
Code, shall not be a ground for relief from the judgment or sentence in 
any proceeding. This limitation shall not preclude the appointment of 
different counsel at any stage of the proceedings.
    ``(u) Time For Collateral Attack on Death Sentence.--A motion under 
section 2255 of title 28, United States Code, attacking a sentence of 
death under this section, or the conviction on which it is predicated, 
must be filed within 90 days of the issuance of the order under 
subsection (r) appointing or denying the appointment of counsel for 
such proceedings. The court in which the motion is filed, for good 
cause shown, may extend the time for filing for a period not exceeding 
60 days. Such a motion shall have priority over all non-capital matters 
in the district court, and in the court of appeals on review of the 
district court's decision.
    ``(v) Stay of Execution.--The execution of a sentence of death 
under this section shall be stayed in the course of direct review of 
the judgment and during the litigation of an initial motion in the case 
under section 2255 of title 28, United States Code. The stay shall run 
continuously following imposition of the sentence and shall expire if--
            ``(1) the defendant fails to file a motion under section 
        2255 of title 28, United States Code, within the time specified 
        in subsection (u), or fails to make a timely application for 
        court of appeals review following the denial of such a motion 
        by a district court;
            ``(2) upon completion of district court and court of 
        appeals review under section 2255 of title 28, United States 
        Code, the Supreme Court disposes of a petition for certiorari 
        in a manner that leaves the capital sentence undisturbed, or 
        the defendant fails to file a timely petition for certiorari; 
        or
            ``(3) before a district court, in the presence of counsel 
        and after having been advised of the consequences of such a 
        decision, the defendant waives the right to file a motion under 
        section 2255 of title 28, United States Code.
    ``(w) Finality of the Decision on Review.--If one of the conditions 
specified in subsection (v) has occurred, no court thereafter shall 
have the authority to enter a stay of execution or grant relief in the 
case unless--
            ``(1) the basis for the stay and request for relief is a 
        claim not presented in earlier proceedings;
            ``(2) the failure to raise the claim is the result of 
        governmental action in violation of the Constitution or laws of 
        the United States, the result of the Supreme Court's 
        recognition of a new Federal right that is retroactively 
        applicable, or the result of the fact that the factual 
        predicate of the claim could not have been discovered through 
        the exercise of reasonable diligence in time to present the 
        claim in earlier proceedings; and
            ``(3) the facts underlying the claim would be sufficient, 
        if proven, to undermine the court's confidence in the 
        determination of guilt on the offense or offenses for which the 
        death penalty was imposed.
    ``(x) Definitions.--For purposes of this section--
            ``(1) `crime of sexual assault' means a crime under Federal 
        or State law that involved--
                    ``(A) contact, without consent, between any part of 
                the defendant's body or an object and the genitals or 
                anus of another person;
                    ``(B) contact, without consent, between the 
                genitals or anus of the defendant and any part of the 
                body of another person;
                    ``(C) deriving sexual pleasure or gratification 
                from the infliction of death, bodily injury, or 
                physical pain on another person; or
                    ``(D) an attempt or conspiracy to engage in any 
                conduct described in paragraphs (A)-(C);
            ``(2) `crime of child molestation' means a crime under 
        Federal or State law that involved--
                    ``(A) contact between any part of the defendant's 
                body or an object and the genitals or anus of a child;
                    ``(B) contact between the genitals or anus of the 
                defendant and any part of the body of a child;
                    ``(C) deriving sexual pleasure or gratification 
                from the infliction of death, bodily injury, or 
                physical pain on a child; or
                    ``(D) an attempt or conspiracy to engage in any 
                conduct described in paragraphs (A)-(C); and
            ``(3) `child' means a person below the age of 14.''; and
            (2) by adding the following at the end of the table of 
        sections for chapter 51:

``1118. Capital punishment for murders committed by sex offenders.''.

SEC. 303. INCREASED PENALTIES FOR RECIDIVIST SEX OFFENDERS.

    (a) Redesignation.--Section 2245 of title 18, United States Code, 
is redesignated section 2246.
    (b) Penalties.--Chapter 109A of title 18, United States Code, is 
amended by inserting the following new section after section 2244:
``Sec. 2245. Penalties for subsequent offenses
    ``Any person who violates this chapter after a prior conviction 
under this chapter or the law of a State (as defined in section 513 of 
this title) for conduct proscribed by this chapter has become final is 
punishable by a term of imprisonment up to twice that otherwise 
authorized.''.
    (c) Clerical Amendment.--The table of sections at the beginning of 
chapter 109A of title 18, United States Code, is amended--
            (1) by striking ``2245'' and inserting in lieu thereof 
        ``2246''; and
            (2) by inserting after the item relating to section 2244 
        the following:

``2245. Penalties for subsequent offenses.''.

SEC. 304. INCREASED PENALTIES FOR SEX OFFENSES AGAINST VICTIMS BELOW 
              THE AGE OF 16.

    Paragraph (2) of section 2246 of title 18, United States Code, as 
so redesignated by this Act, is amended--
            (1) in subparagraph (B) by striking ``or'' after the 
        semicolon;
            (2) in subparagraph (C) by striking ``; and'' and inserting 
        in lieu thereof ``; or''; and
            (3) by inserting a new subparagraph (D) as follows:
                    ``(D) the intentional touching, not through the 
                clothing, of the genitalia of another person who has 
                not attained the age of 16 years with an intent to 
                abuse, humiliate, harass, degrade, or arouse or gratify 
                the sexual desire of any person;''.

SEC. 305. SENTENCING GUIDELINES INCREASE FOR SEX OFFENSES.

    The United States Sentencing Commission shall amend the sentencing 
guidelines to increase by at least four levels the base offense level 
for an offense under section 2241 (aggravated sexual abuse) or section 
2242 (sexual abuse) of title 18, United States Code, and shall consider 
whether any other changes are warranted in the guidelines provisions 
applicable to such offenses to ensure realization of the objectives of 
sentencing. In amending the guidelines in conformity with this section, 
the Sentencing Commission shall review the appropriateness and adequacy 
of existing offense characteristics and adjustments applicable to such 
offenses, taking into account the heinousness of sexual abuse offenses, 
the severity and duration of the harm caused to victims, and any other 
relevant factors. In any subsequent amendment to the sentencing 
guidelines, the Sentencing Commission shall maintain minimum guidelines 
sentences for the offenses referenced in this section which are at 
least equal to those required by this section.

SEC. 306. HIV TESTING AND PENALTY ENHANCEMENT IN SEXUAL OFFENSE CASES.

    (a) In General.--Chapter 109A of title 18, United States Code, is 
amended by inserting at the end the following new section:
``Sec. 2247. Testing for human immunodeficiency virus; disclosure of 
              test results to victim; effect on penalty
    ``(a) Testing at Time of Pre-Trial Release Determination.--In a 
case in which a person is charged with an offense under this chapter, a 
judicial officer issuing an order pursuant to section 3142(a) of this 
title shall include in the order a requirement that a test for the 
human immunodeficiency virus be performed upon the person, and that 
follow-up tests for the virus be performed 6 months and 12 months 
following the date of the initial test, unless the judicial officer 
determines that the conduct of the person created no risk of 
transmission of the virus to the victim, and so states in the order. 
The order shall direct that the initial test be performed within 24 
hours, or as soon thereafter as feasible. The person shall not be 
released from custody until the test is performed.
    ``(b) Testing at Later Time.--If a person charged with an offense 
under this chapter was not tested for the human immunodeficiency virus 
pursuant to subsection (a), the court may at a later time direct that 
such a test be performed upon the person, and that follow-up tests be 
performed 6 months and 12 months following the date of the initial 
test, if it appears to the court that the conduct of the person may 
have risked transmission of the virus to the victim. A testing 
requirement under this subsection may be imposed at any time while the 
charge is pending, or following conviction at any time prior to the 
person's completion of service of the sentence.
    ``(c) Termination of Testing Requirement.--A requirement of follow-
up testing imposed under this section shall be canceled if any test is 
positive for the virus or the person obtains an acquittal on, or 
dismissal of, all charges under this chapter.
    ``(d) Disclosure of Test Results.--The results of any test for the 
human immunodeficiency virus performed pursuant to an order under this 
section shall be provided to the judicial officer or court. The 
judicial officer or court shall ensure that the results are disclosed 
to the victim (or to the victim's parent or legal guardian, as 
appropriate), the attorney for the government, and the person tested.
    ``(e) Effect on Penalty.--The United States Sentencing Commission 
shall amend existing guidelines for sentences for offenses under this 
chapter to enhance the sentence if the offender knew or had reason to 
know that he was infected with the human immunodeficiency virus, except 
where the offender did not engage or attempt to engage in conduct 
creating a risk of transmission of the virus to the victim.''.
    (b) Clerical Amendment.--The table of sections for chapter 109A of 
title 18, United States Code, is amended by inserting at the end 
thereof the following new item:

``2247. Testing for human immunodeficiency virus; disclosure of test 
                            results to victim; effect on penalty''.

SEC. 307. ADMISSIBILITY OF EVIDENCE OF SIMILAR CRIMES IN SEX OFFENSE 
              CASES.

    (a) In General.--Article IV of the Federal Rules of Evidence is 
amended by adding after Rule 412 the following new rules:
``Rule 413. Evidence of Similar Crimes in Sexual Assault Cases
    ``(a) In a criminal case in which the defendant is accused of an 
offense of sexual assault, evidence of the defendant's commission of 
another offense or offenses of sexual assault is admissible, and may be 
considered for its bearing on any matter to which it is relevant.
    ``(b) In a case in which the government intends to offer evidence 
under this Rule, the attorney for the government shall disclose the 
evidence to the defendant, including statements of witnesses or a 
summary of the substance of any testimony that is expected to be 
offered, at least fifteen days before the scheduled date of trial or at 
such later time as the court may allow for good cause.
    ``(c) This Rule shall not be construed to limit the admission or 
consideration of evidence under any other Rule.
    ``(d) For purposes of this Rule and Rule 415, `offense of sexual 
assault' means a crime under Federal law or the law of a State (as 
defined in section 513 of title 18, United States Code) that involved--
            ``(1) any conduct proscribed by chapter 109A of title 18, 
        United States Code;
            ``(2) contact, without consent, between any part of the 
        defendant's body or an object and the genitals or anus of 
        another person;
            ``(3) contact, without consent, between the genitals or 
        anus of the defendant and any part of another person's body;
            ``(4) deriving sexual pleasure or gratification from the 
        infliction of death, bodily injury, or physical pain on another 
        person; or
            ``(5) an attempt or conspiracy to engage in conduct 
        described in paragraphs (1)-(4).
``Rule 414. Evidence of Similar Crimes in Child Molestation Cases
    ``(a) In a criminal case in which the defendant is accused of an 
offense of child molestation, evidence of the defendant's commission of 
another offense or offenses of child molestation is admissible, and may 
be considered for its bearing on any matter to which it is relevant.
    ``(b) In a case in which the government intends to offer evidence 
under this Rule, the attorney for the government shall disclose the 
evidence to the defendant, including statements of witnesses or a 
summary of the substance of any testimony that is expected to be 
offered, at least fifteen days before the scheduled date of trial or at 
such later time as the court may allow for good cause.
    ``(c) This Rule shall not be construed to limit the admission or 
consideration of evidence under any other Rule.
    ``(d) For purposes of this Rule and Rule 415, the term `child' 
means a person below the age of 14 years, and the term `offense of 
child molestation' means a crime under Federal law or the law of a 
State (as defined in section 513 of title 18, United States Code) that 
involved--
            ``(1) any conduct proscribed by chapter 109A of title 18, 
        United States Code, that was committed in relation to a child;
            ``(2) any conduct proscribed by chapter 110 of title 18, 
        United States Code;
            ``(3) contact between any part of the defendant's body or 
        an object and the genitals or anus of a child;
            ``(4) contact between the genitals or anus of the defendant 
        and any part of the body of a child;
            ``(5) deriving sexual pleasure or gratification from the 
        infliction of death, bodily injury, or physical pain on a 
        child; or
            ``(6) an attempt or conspiracy to engage in conduct 
        described in paragraphs (1)-(5).
``Rule 415. Evidence of Similar Acts in Civil Cases Concerning Sexual 
              Assault or Child Molestation
    ``(a) In a civil case in which a claim for damages or other relief 
is predicated on a party's alleged commission of conduct constituting 
an offense of sexual assault or child molestation, evidence of that 
party's commission of another offense or offenses of sexual assault or 
child molestation is admissible and may be considered as provided in 
Rule 413 and Rule 414 of these Rules.
    ``(b) A party who intends to offer evidence under this Rule shall 
disclose the evidence to the party against whom it will be offered, 
including statements of witnesses or a summary of the substance of any 
testimony that is expected to be offered, at least 15 days before the 
scheduled date of trial or at such later time as the court may allow 
for good cause.
    ``(c) This Rule shall not be construed to limit the admission or 
consideration of evidence under any other Rule.''.
    (b) Clerical Amendment.--The table of contents for the Federal 
Rules of Evidence is amended by adding at the end of the items relating 
to Article IV the following:

``Rule 413. Evidence of similar crimes in sexual assault cases
``Rule 414. Evidence of similar crimes in child molestation cases
``Rule 415. Evidence of similar acts in civil cases concerning sexual 
                            assault or child molestation''.

SEC. 308. INTERSTATE TRAVEL TO COMMIT SPOUSE ABUSE OR TO VIOLATE 
              PROTECTIVE ORDER; INTERSTATE STALKING.

    (a) Offense.--Part I of title 18, United States Code, is amended by 
inserting after chapter 110 the following:

             ``CHAPTER 110A--DOMESTIC VIOLENCE AND STALKING

``Sec.
``2261. Domestic violence and stalking.
``Sec. 2261. Domestic violence and stalking
    ``(a) Offense.--Whoever causes or attempts to cause bodily injury 
to, engages in sexual abuse against, or violates a protective order in 
relation to, another shall be punished--
            ``(1) if death results, by death or by imprisonment for any 
        term of years or for life;
            ``(2) if permanent disfigurement or life-threatening bodily 
        injury results, by imprisonment for not more than 20 years;
            ``(3) if serious bodily injury results, or if a firearm, 
        knife, or other dangerous weapon is possessed, carried, or used 
        during the commission of the offense, by imprisonment for not 
        more than 10 years; and
            ``(4) in any other case, by imprisonment for not more than 
        five years.
If, however, the defendant engages in sexual abuse and the penalty 
authorized for such conduct under chapter 109A exceeds the penalty 
which would otherwise be authorized under this subsection, then the 
penalty authorized for such conduct under chapter 109A shall apply.
    ``(b) Mandatory Penalties.--A sentence under this section shall 
include at least 3 months of imprisonment if the offense involves the 
infliction of bodily injury on or the commission of sexual abuse 
against the victim. A sentence under this section shall include at 
least 6 months of imprisonment if the offense involves the violation of 
a protective order and the defendant has previously violated a 
protective order in relation to the same victim.
    ``(c) Jurisdiction.--There is Federal jurisdiction to prosecute an 
offense under this section if the defendant traveled in interstate or 
foreign commerce, or transported or caused another to move in 
interstate or foreign commerce, with the intention of committing or in 
furtherance of committing the offense, and--
            ``(1) the victim was a spouse or former spouse of the 
        defendant, was cohabiting with or had cohabited with the 
        defendant, or had a child in common with the defendant; or
            ``(2) the defendant on two or more occasions--
                    ``(A) has caused or attempted or threatened to 
                cause death or serious bodily injury to or engaged in 
                sexual abuse in relation to the victim; or
                    ``(B) has engaged in any conduct that caused or was 
                intended to cause apprehension by the victim that the 
                victim would be subjected to death, serious bodily 
                injury, or sexual abuse.
    ``(d) Definitions.--For purposes of this section--
            ``(1) `protective order' means an order issued by a court 
        of a State prohibiting or limiting violence against, harassment 
        of, contact or communication with, or physical proximity to 
        another person;
            ``(2) `sexual abuse' means any conduct proscribed by 
        chapter 109A of this title, whether or not the conduct occurs 
        in the special maritime and territorial jurisdiction of the 
        United States or in a Federal prison;
            ``(3) `serious bodily injury' and `bodily injury' have the 
        meanings given in section 1365(g); and
            ``(4) `State' has the meaning given in section 
        513(c)(5).''.
    (b) Clerical Amendment.--The table of chapters at the beginning of 
part I of title 18, United States Code, is amended by inserting after 
the item for chapter 110 the following:

``110A. Domestic violence and stalking......................    2261''.
    (c) Mandatory Restitution.--Section 3663 of title 18, United States 
Code is amended by striking ``or chapter 110'' and inserting ``, 
chapter 110, or section 2261'' in each of subsections (b)(2) and (d).
    (d) Interim Protection.--Section 3156(a)(4)(C) of title 18, United 
States Code, as added by section 301 of this Act, is amended by 
striking ``or chapter 110'' and inserting ``, chapter 110, or section 
2261''.
    (e) Death Penalty Procedures.--Section 1118 of title 18, United 
States Code, as added by section 302 of this Act, is amended in 
paragraph (1) of subsection (e) by inserting ``or section 2261'' after 
``117''.

SEC. 309. FULL FAITH AND CREDIT FOR PROTECTIVE ORDERS.

    (a) Requirement of Full Faith and Credit.--Chapter 110A of title 
18, United States Code, as enacted by section 308 of this Act, is 
amended by adding at the end the following:
``Sec. 2262. Full faith and credit for protective orders
    ``(a) A protective order issued by a court of a State shall have 
the same full faith and credit in a court in another State that it 
would have in a court of the State in which issued, and shall be 
enforced by the courts of any State as if it were issued in that State.
    ``(b) For purposes of this section--
            ``(1) `protective order' means an order prohibiting or 
        limiting violence against, harassment of, contact or 
        communication with, or physical proximity to another person; 
        and
            ``(2) `State' has the meaning given in section 
        513(c)(5).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 110A of title 18, United States Code, as enacted by section 308 
of this Act, is amended by inserting at the end the following:

``2262. Full faith and credit for protective orders.''.

SEC. 310. PRESUMPTION AGAINST CHILD CUSTODY FOR SPOUSE ABUSERS.

    (a) The Congress finds that--
            (1) courts fail to recognize the detrimental effects of 
        having as a custodial parent an individual who physically 
        abuses his or her spouse, insofar as they do not hear or weigh 
        evidence of domestic violence in child custody litigation;
            (2) joint custody forced upon hostile parents can create a 
        damaging psychological environment for a child;
            (3) physical abuse of a spouse is relevant to the 
        likelihood of child abuse in child custody disputes;
            (4) the effects on children of physical abuse of a spouse 
        include--
                    (A) traumatization and psychological damage to 
                children resulting from observation of the abuse and 
                the climate of violence and fear existing in a home 
                where abuse takes place;
                    (B) the risk that children may become targets of 
                physical abuse when they attempt to intervene on behalf 
                of an abused parent; and
                    (C) the negative effects on children of exposure to 
                an inappropriate role model, in that witnessing an 
                aggressive parent may communicate to children that 
                violence is an acceptable means of dealing with others; 
                and
            (5) the harm to children from spouse abuse may be 
        compounded by award of exclusive or joint custody to an abuser 
        because further abuse may occur when the abused spouse is 
        forced to have contact with the abuser as a result of the 
        custody arrangement, and because the child or children may be 
        exposed to abuse committed by the abuser against a subsequent 
        spouse or partner.
    (b) Sense of Congress.--It is the sense of the Congress that, for 
purposes of determining child custody, evidence establishing that a 
parent engages in physical abuse of a spouse should create a statutory 
presumption that it is detrimental to the child to be placed in the 
custody of the abusive spouse.

                TITLE IV--IMMIGRATION AND ASYLUM REFORM

SEC. 401. INSPECTION AND EXCLUSION BY IMMIGRATION OFFICERS.

    (a) In General.--Section 235(b) of the Immigration and Nationality 
Act (8 U.S.C. 1225(b)) is amended to read as follows:
    ``(b)(1) An immigration officer shall inspect each alien who is 
seeking entry to the United States.
    ``(2)(A) If the examining immigration officer determines that an 
alien seeking entry--
            ``(i) does not present the documentation required (if any) 
        to obtain legal entry to the United States; and
            ``(ii) does not indicate either an intention to apply for 
        provisional asylum (under section 208) or a fear of 
        persecution,
the officer shall order the alien excluded from the United States 
without further hearing or review.
    ``(B) The examining immigration officer shall refer for immediate 
inspection at the port of entry by an asylum officer under subparagraph 
(C) any alien who (i) does not present the documentation required (if 
any) to obtain legal entry to the United States, and (ii) has indicated 
an intention to apply for provisional asylum or a fear of persecution.
    ``(C)(i) If an asylum officer determines that an alien has a 
credible fear of persecution, the alien shall be entitled to apply for 
provisional asylum under section 208.
    ``(ii)(I) Subject to subclause (II), if an asylum officer 
determines that an alien does not have a credible fear of persecution 
the officer shall order the alien excluded from the United States 
without further hearing or review.
    ``(II) The Attorney General shall promulgate regulations to provide 
for the immediate review by another asylum officer at the port of entry 
of a decision under subclause (I).
    ``(iii) For the purposes of this subparagraph, the term `credible 
fear of persecution' means (I) that it is more probable than not that 
the statements made by the alien in support of his or her claim are 
true, and (II) that there is a significant possibility, in light of 
such statements and of such other facts as are known to the officer 
that the alien could establish eligibility for provisional asylum under 
section 208.
    ``(iv) Notwithstanding any other provision of law, no court shall 
have jurisdiction to review, except by petition for habeas corpus, any 
determination made with respect to an alien found excludable pursuant 
to this paragraph.
In any such case, review by habeas corpus shall be limited to 
examination of whether the petitioner (I) is an alien, and (II) was 
ordered excluded from the United States pursuant to this paragraph.
    ``(3)(A) Except as provided in subparagraph (B), if the examining 
immigration officer determines that an alien seeking entry is not 
clearly and beyond a doubt entitled to enter, the alien shall be 
detained for a hearing before a special inquiry officer.
    ``(B) The provisions of subparagraph (A) shall not apply--
            ``(i) to an alien crewman,
            ``(ii) to an alien described in paragraph (2)(A) or 
        2(C)(ii)(I), or
            ``(iii) if the conditions described in section 273(d) 
        exist.
    ``(4) The decision of the examining immigration officer, if 
favorable to the admission of any alien, shall be subject to challenge 
by any other immigration officer and such challenge shall operate to 
take the alien, whose privilege to enter is so challenged, before a 
special inquiry officer for a hearing on exclusion of the alien.
    ``(5)(A) Subject to subparagraph (B), an alien has not entered the 
United States for purposes of this Act unless and until such alien has 
been inspected and admitted by an immigration officer pursuant to this 
subsection.
    ``(B) An alien who (i) is physically present in the United States, 
(ii) has been physically present in the United States for a continuous 
period of one year, and (iii) has not been inspected and admitted by an 
immigration officer shall be deemed to have entered the United States 
without inspection.''.
    (b) Conforming Amendments.--Section 237(a) of the Immigration and 
Nationality Act (8 U.S.C. 1227(a)) is amended--
            (1) in the second sentence of paragraph (1) by striking 
        ``Deportation'' and inserting ``Subject to section 235(b)(2), 
        deportation''; and
            (2) in the first sentence of paragraph (2) by striking 
        ``If'' and inserting ``Subject to section 235(b)(2), if''.

SEC. 402. ENHANCED PENALTIES FOR ALIEN SMUGGLING.

    (a) Additional Criminal Penalty.--Section 274(a)(1) of the 
Immigration and Nationality Act (8 U.S.C. 1324(a)(1)) is amended--
            (1) by striking ``or'' at the end of subparagraph (C),
            (2) by striking the comma at the end of subparagraph (D) 
        and inserting ``; or'',
            (3) by inserting after subparagraph (D) the following:
            ``(E) contracts or agrees with another party for that party 
        to provide, for employment by the person or another, an alien 
        who is not authorized to be employed in the United States, 
        knowing that such party intends to cause such alien to be 
        brought into the United States in violation of the laws of the 
        United States,'', and
            (4) by striking ``shall be fined'' and all that follows and 
        inserting the following: ``shall, for each alien in respect to 
        whom any violation of this paragraph occurs, be fined in 
        accordance with title 18, United States Code, imprisoned not 
        more than 5 years (or 10 years in the case of a violation of 
        subparagraph (A) or (E)), or 20 years if during and in relation 
        to the violation the person causes serious bodily injury (as 
        defined in section 1365 of title 18, United States Code) to, or 
        places in jeopardy the life of, any alien, or for any term of 
        years up to life if during and in relation to the violation the 
        person causes the death of any alien, or both.''.
    (b) Treatment of Smuggling as an Aggravated Felony.--The first 
sentence of section 101(a)(43) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(43)) is amended by inserting ``or any offense under 
section 274(a)'' before ``for which the term of imprisonment'' the 
first place it appears.

SEC. 403. EXPANDED FORFEITURE FOR SMUGGLING OR HARBORING ILLEGAL 
              ALIENS.

    (a) In General.--Paragraph (1) of section 274(b) of the Immigration 
and Nationality Act (8 U.S.C. 1324(b)) is amended to read as follows:
    ``(1)(A) Except as provided in subparagraph (B), the following 
property shall be subject to seizure and forfeiture:
            ``(i) Any conveyance, including any vessel, vehicle, or 
        aircraft, which has been or is being used in the commission of 
        a violation of subsection (a).
            ``(ii) Any property, real or personal, which--
                    ``(I) constitutes, or is derived from or traceable 
                to, the proceeds obtained directly or indirectly from 
                the commission of a violation of subsection (a), or
                    ``(II) is used to facilitate, or is intended to be 
                so used in the commission of, a violation of subsection 
                (a)(1)(A).
    ``(B)(i) No property used by any person as a common carrier in the 
transaction of business as a common carrier shall be forfeited under 
this section, unless the owner or other person with lawful custody of 
the property was a consenting party to or privy to the violation of 
subsection (a) or of section 274A(a)(1) or 274A(a)(2).
    ``(ii) No property shall be forfeited under the provisions of this 
section by reason of any act or omission established by the owner to 
have been committed or omitted by a person other than the owner while 
the property was unlawfully in the possession of a person other than 
the owner in violation of the criminal laws of the United States or of 
any State.
    ``(iii) No property shall be forfeited under the provisions of this 
section to the extent of an interest of the owner, by reason of any act 
or omission established by the owner to have been committed or omitted 
without the knowledge, consent, or willful blindness of the owner, 
unless the act or omission was committed or omitted by an employee or 
agent of the owner or other person with lawful custody of the property 
with the intent of furthering the business interests of, or to confer 
any other benefit upon, the owner or other person with lawful custody 
of the property.''.
    (b) Conforming Amendments.--Section 274(b) of such Act (8 U.S.C. 
1324(b)) is amended--
            (1) in paragraph (2)--
                    (A) by striking ``conveyance'' and inserting 
                ``property'' each place it appears, and
                    (B) by striking ``is being used in'' and inserting 
                ``is being used in, is facilitating, has facilitated, 
                is facilitating or was intended to facilitate''; and
            (2) in paragraphs (4) and (5), by striking ``a 
        conveyance'', ``any conveyance'', and ``conveyance'' and 
        inserting ``property'' each place it appears.

SEC. 404. INCLUDING ALIEN SMUGGLING AS A RACKETEERING ACTIVITY FOR 
              PURPOSES OF RACKETEERING INFLUENCED AND CORRUPT 
              ORGANIZATIONS (RICO) ENFORCEMENT AUTHORITY.

    Section 1961(1) of title 18, United States Code, is amended--
            (1) by striking ``or'' before ``(E) any act'', and
            (2) by inserting before the semicolon at the end the 
        following: ``, or (F) any act which is indictable under section 
        274(a)(1) of the Immigration and Nationality Act (relating to 
        alien smuggling)''.

SEC. 405. EFFECTIVE DATES.

    (a) In General.--Except as otherwise provided, the amendments made 
by this title shall take effect on the date of the enactment of this 
Act and shall apply to aliens who arrive in or seek admission to the 
United States on or after such date.
    (b) Smuggling.--The amendment made by section 102(b) shall apply to 
offenses for which convictions are entered before, on, or after the 
date of the enactment of this Act.
    (c) Interim Reference to Provisional Asylum.--Any reference in 
section 235(b)(2) of the Immigration and Nationality Act (as amended by 
section 101(a) of this Act) to provisional asylum under section 208 of 
the Immigration and Nationality Act shall be deemed, before the 
effective date of the amendment made by section 201(a), to be a 
reference to asylum under section 208 of such Act.

SEC. 406. ASYLUM.

    (a) In General.--Section 208 (8 U.S.C. 1158) of the Immigration and 
Nationality Act is amended to read as follows:

                                ``asylum

    ``Sec. 208. (a) Provisional Asylum.--
            ``(1) Right to apply.--An alien physically present in the 
        United States or at a land border or port of entry, 
        irrespective of such alien's status, may apply for provisional 
        asylum in accordance with this section.
            ``(2) Conditions for granting.--
                    ``(A) Mandatory cases.--The Attorney General shall 
                grant provisional asylum to an alien if the alien 
                applies for provisional asylum in accordance with the 
                requirements of this section and establishes that it is 
                more likely than not that in the alien's country of 
                nationality (or, in the case of a person having no 
                nationality, the country in which such alien last 
                habitually resided) such alien's life or freedom would 
                be threatened on account of race, religion, 
                nationality, membership in a particular social group, 
                or political opinion.
                    ``(B) Discretionary cases.--The Attorney General 
                may grant provisional asylum to an alien if the alien 
                applies for provisional asylum in accordance with the 
                requirements of this section and establishes that the 
                alien is a refugee within the meaning of section 
                101(a)(42).
                    ``(C) Exceptions.--(i) Subparagraphs (A) and (B) 
                shall not apply to an alien if the Attorney General 
                determines that--
                            ``(I) the alien ordered, incited, assisted, 
                        or otherwise participated in the persecution of 
                        any person on account of race, religion, 
                        nationality, membership in a particular social 
                        group, or political opinion;
                            ``(II) the alien, having been convicted by 
                        a final judgment of a particularly serious 
                        crime, constitutes a danger to the community of 
                        the United States;
                            ``(III) there are serious reasons for 
                        believing that the alien has committed a 
                        serious nonpolitical crime outside the United 
                        States prior to the arrival of the alien in the 
                        United States;
                            ``(IV) there are reasonable grounds for 
                        regarding the alien as a danger to the security 
                        of the United States; or
                            ``(V) a country willing to accept the alien 
                        has been identified (other than the country 
                        described in subparagraph (A)) to which the 
                        alien can be deported or returned and the alien 
                        does not establish that it is more likely than 
                        not that the alien's life or freedom would be 
                        threatened in such country on account of race, 
                        religion, nationality, membership in a 
                        particular social group, or political opinion.
                    ``(ii)(I) For purposes of clause (i)(II), an alien 
                who has been convicted of an aggravated felony shall be 
                considered to have committed a particularly serious 
                crime.
                    ``(II) The Attorney General shall promulgate 
                regulations that specify additional crimes that will be 
                considered to be a crime described in clause (i)(II) or 
                (i)(III).
                    ``(III) The Attorney General shall promulgate 
                regulations establishing such additional limitations 
                and conditions as the Attorney General considers 
                appropriate under which an alien shall be ineligible to 
                apply for provisional asylum under subparagraph (B).
            ``(3) Provisional asylum status.--In the case of any alien 
        granted provisional asylum under paragraph (2), the Attorney 
        General, in accordance with this section--
                    ``(A) shall not deport or return the alien to the 
                country described under paragraph (2)(A);
                    ``(B) shall authorize the alien to engage in 
                employment in the United States and provide the alien 
                with an `employment authorized' endorsement or other 
                appropriate work permit; and
                    ``(C) may allow the alien to travel abroad with the 
                prior consent of the Attorney General.
            ``(4) Termination.--Provisional asylum granted under 
        paragraph (2) may be terminated if the Attorney General, 
        pursuant to such regulations as the Attorney General may 
        prescribe, determines that--
                    ``(A) the alien no longer meets the conditions 
                described in paragraph (2) owing to a change in 
                circumstances in the alien's country of nationality or, 
                in the case of an alien having no nationality, in the 
                country in which the alien last habitually resided;
                    ``(B) the alien meets a condition described in 
                paragraph (2)(C); or
                    ``(C) a country willing to accept the alien has 
                been identified (other than the country described in 
                paragraph (2)) to which the alien can be deported or 
                returned and the alien cannot establish that it is more 
                likely than not that the alien's life or freedom would 
                be threatened in such country on account of race, 
                religion, nationality, membership in a particular 
                social group, or political opinion.
            ``(5) Acceptance by another country.--In the case of an 
        alien described in paragraph (2)(C)(i)(V) or paragraph (4)(C), 
        the alien's deportation or return shall be directed by the 
        Attorney General in the sole discretion of the Attorney 
        General, to any country which is willing to accept the alien 
        into its territory (other than the country described in 
        paragraph (2)).
    ``(b) Provisional Asylum Procedure.--
            ``(1) Applications.--
                    ``(A) In general.--
                            ``(i) Deadline.--Subject to clause (ii), an 
                        alien's application for provisional asylum 
                        shall not be considered under this section 
                        unless--
                                    ``(I) the alien has filed, not 
                                later than 30 days after entering or 
                                coming to the United States, notice of 
                                intention to file such an application, 
                                and
                                    ``(II) such application is actually 
                                filed not later than 60 days after 
                                entering or coming to the United 
                                States.
                            ``(ii) Exception.--An application for 
                        provisional asylum may be considered, 
                        notwithstanding that the requirements of clause 
                        (i) have not been met, only if the alien 
                        demonstrates by clear and convincing evidence 
                        changed circumstances in the alien's country of 
                        nationality (or in the case of an alien with no 
                        nationality, in the country where the alien 
                        last habitually resided) affecting eligibility 
                        for provisional asylum.
                    ``(B) Requirements.--An application for provisional 
                asylum shall not be considered unless the alien submits 
                to the taking of fingerprints and a photograph in a 
                manner determined by the Attorney General.
                    ``(C) Fees.--In the discretion of the Attorney 
                General, the Attorney General may impose reasonable 
                fees for the consideration of an application for 
                provisional asylum, for employment authorization under 
                this section, and for adjustment of status under 
                section 209(b). The Attorney General is authorized to 
                provide for the assessment and payment of any such fee 
                over a period of time or by installments.
                    ``(D) Notice of privilege of counsel and 
                consequences of frivolous application.--
                            ``(i) Notice.--At the time of filing a 
                        notice of intention to apply for provisional 
                        asylum, the alien shall be advised of the 
                        privilege of being represented by counsel (as 
                        provided under paragraph (2)(D)) and of the 
                        consequences, under subsection (d), of filing a 
                        frivolous application for provisional asylum.
                            ``(ii) Provision of list of counsel.--The 
                        Attorney General shall provide for lists 
                        (updated not less often than quarterly) of 
                        persons who have indicated their availability 
                        to represent pro bono aliens in provisional 
                        asylum proceedings. Such lists shall be 
                        provided to the alien at the time of filing of 
                        notice of intention to apply for provisional 
                        asylum, and otherwise be made generally 
                        available.
            ``(2) Consideration of applications; hearings.--
                    ``(A) Asylum officers.--Applications for 
                provisional asylum shall be considered by officers of 
                the Service (referred to in this Act as `asylum 
                officers') who are specially designated by the Service 
                as having special training and knowledge of 
                international conditions and human rights records of 
                foreign countries.
Pending the designation of such officers, individuals who as of the 
date of the enactment of the Immigration Enforcement and Asylum Reform 
Act of 1993 are authorized to perform duties as asylum officers shall 
be deemed to be qualified to be asylum officers for purposes of this 
Act.
                    ``(B) Scheduling of hearings.--
                            ``(i) In general.--Upon the filing of an 
                        application for provisional asylum, an asylum 
                        officer, at the earliest practicable time and 
                        after consultation with the attorney for the 
                        Government and the attorney (if any) for the 
                        applicant, shall set the application for 
                        hearing on a day certain or list it on a weekly 
                        or other short-term calendar, so as to assure a 
                        speedy hearing.
                            ``(ii) Deadline.--Unless the applicant (or 
                        an attorney for the applicant) consents in 
                        writing to the contrary, the hearing on the 
                        provisional asylum application shall commence 
                        not later than 45 days after the date the 
                        application was filed.
                    ``(C) Public hearings.--A hearing on a provisional 
                asylum application shall be open to the public unless 
                the applicant requests that it be closed to the public.
                    ``(D) Privilege of counsel.--The alien shall have 
                the privilege of being represented by such counsel (at 
                no expense to the government), authorized to practice 
                in such proceedings, as the alien shall choose. Such 
                representation may not cause undue delay in the 
                proceedings. The Attorney General, in the discretion of 
                the Attorney General, shall provide standards by 
                regulation for determinations of undue delay.
                    ``(E) Rights in hearings.--The officer shall 
                conduct the hearing in a nonadversarial manner. During 
                such hearing, the applicant shall have the privilege of 
                the assistance and participation of counsel and shall 
                be entitled to present evidence and witnesses, to 
                examine and object to evidence presented by the 
                Government, and to cross-examine all witnesses 
                presented by the Government.
                    ``(F) Country conditions.--
                            ``(i) The Secretary of State shall provide 
                        information regarding country conditions to the 
                        Attorney General to be included, along with 
                        information from other reliable sources, in the 
                        collections of the asylum resource information 
                        center of the Immigration and Naturalization 
                        Service.
                            ``(ii) An officer may request information 
                        regarding country conditions from the asylum 
                        resource information center of the Immigration 
                        and Naturalization Service and from the 
                        Secretary of State, but may not request or 
                        consider recommendations from the Secretary of 
                        State as to whether a particular named 
                        individual should or should not be granted 
                        provisional asylum.
                    ``(G) Transcript of hearings.--A complete record of 
                the proceedings and of all testimony and evidence 
                produced at the hearing shall be kept. The hearing 
                shall be recorded verbatim. The Attorney General and 
                the Service shall provide that a transcript of a 
                hearing held under this section is made available not 
                later than 10 days after the date of completion of the 
                hearing.
                    ``(H) Deadline for determinations on 
                applications.--The officer shall render a determination 
                on the application not later than 30 days after the 
                date of completion of the hearing. The determination of 
                the officer shall be based only on the evidence 
                produced at the hearing or on information which is the 
                subject of official notice with respect to country 
                conditions.
                    ``(I) Resource allocation.--The Attorney General 
                shall allocate sufficient resources so as to assure 
                that applications for provisional asylum are heard and 
                determined on a timely basis. However, nothing in this 
                paragraph relating to scheduling or deadlines shall be 
                construed as creating any right or benefit, substantive 
                or procedural, which is legally enforceable by any 
                party against the United States, its agencies, its 
                officers, or any other person.
                    ``(J) Sanctions for failure to appear.--
                            ``(i) Subject to clause (ii), the 
                        application for provisional asylum of an alien 
                        who does not appear for a hearing on such 
                        application shall be summarily dismissed unless 
                        the alien can show exceptional circumstances 
                        (as defined in section 242B(f)(2)) as 
                        determined by the asylum officer.
                            ``(ii) Clause (i) shall not apply if 
                        written and oral notice were not provided as 
                        required by section 242B(e)(4)(B).
                    ``(K) Finality of determinations.--
                            ``(i) In general.--The decision of the 
                        asylum officer shall be the final 
                        administrative determination of a claim for 
                        provisional asylum.
                            ``(ii) Treatment of cases in exclusion or 
                        deportation.--If proceedings are instituted 
                        against an alien under section 235 or 242 of 
                        this Act and the alien files an application for 
                        provisional asylum based on circumstances 
                        described in subsection (b)(1)(A)(ii), the 
                        asylum officer shall render, on an expedited 
                        basis, a decision on the application.
    ``(c) Asylum.--
            ``(1) Adjustment of status.--Under such regulations as the 
        Attorney General may prescribe, the Attorney General shall 
        adjust to the status of an alien granted asylum the status of 
        any alien granted provisional asylum under subsection (a)(2)(A) 
        or (a)(2)(B) who--
                    ``(A) applies for such adjustment;
                    ``(B) has been physically present in the United 
                States for at least 1 year after being granted 
                provisional asylum;
                    ``(C) continues to be eligible for provisional 
                asylum under this section; and
                    ``(D) is admissible under this Act at the time of 
                examination for adjustment of status under this 
                subsection.
            ``(2) Treatment of spouse and children.--A spouse or child 
        (as defined in section 101(b) (A), (B), (C), (D), or (E)) of an 
        alien whose status is adjusted to that of an alien granted 
        asylum under paragraph (a)(2) may be granted the same status as 
        the alien if accompanying, or following to join, such alien.
            ``(3) Application fees.--The Attorney General may impose a 
        reasonable fee for the filing of an application for asylum 
        under this subsection.
    ``(d) Denial of Immigration Benefits for Frivolous Applications.--
            ``(1) In general.--If the asylum officer determines that an 
        alien has made a frivolous application for provisional asylum 
        under this section and the alien has received the notice under 
        subsection (b)(1)(D)(i), the alien shall be permanently 
        ineligible for any benefits under this Act, effective as of the 
        date of a final determination on such application.
            ``(2) Treatment of material misrepresentations.--For 
        purposes of this subsection, an application considered to be 
        `frivolous' includes, but is not limited to, an application 
        which contains a willful misrepresentation or concealment of a 
        material fact.''.
    (b) Clerical Amendment.--The item in the table of contents relating 
to section 208 is amended to read as follows:

``Sec. 208. Asylum.''.

SEC. 407. FAILURE TO APPEAR FOR PROVISIONAL ASYLUM HEARING; JUDICIAL 
              REVIEW.

    (a) Failure To Appear for Provisional Asylum Hearing.--Section 
242B(e)(4) of the Immigration and Nationality Act (8 U.S.C. 
1252b(e)(4)) is amended--
            (1) in the heading, by striking ``asylum'' and inserting 
        ``provisional asylum'';
            (2) by striking ``asylum'' each place it appears and 
        inserting ``provisional asylum''; and
            (3) in subparagraph (A), by striking all after clause (iii) 
        and inserting the following:
                ``shall not be eligible for any benefits under this 
                Act.''.
    (b) Judicial Review.--Section 106 of the Immigration and 
Nationality Act (8 U.S.C. 1105a) is amended by adding at the end the 
following subsection:
    ``(d) The procedure prescribed by, and all the provisions of 
chapter 158 of title 28, United States Code, shall apply to, and shall 
be the sole and exclusive procedure for, the judicial review of all 
final orders granting or denying provisional asylum, except that--
            ``(1) a petition for review may be filed not later than 90 
        days after the date of the issuance of the final order granting 
        or denying provisional asylum;
            ``(2) the venue of any petition for review under this 
        subsection shall be in the judicial circuit in which the 
        administrative proceedings before an asylum officer were 
        conducted in whole or in part, or in the judicial circuit 
        wherein is the residence, as defined in this Act, of the 
        petitioner, but not in more than one circuit; and
            ``(3) notwithstanding any other provision of law, a 
        determination granting or denying provisional asylum based on 
        changed circumstances pursuant to section 208(b)(1)(A)(ii) 
        shall be in the sole discretion of the asylum officer.''.

SEC. 408. EFFECTIVE DATES.

    (a) In General.--Except as otherwise provided, the amendments made 
by this title shall take effect on the date of the enactment of this 
Act.
    (b) Exceptions.--
            (1) The amendments made by this title shall not apply to 
        applications for asylum or withholding of deportation made 
        before the first day of the first month that begins more than 
        180 days after the date of the enactment of this Act and no 
        application for provisional asylum under section 208 of the 
        Immigration and Nationality Act (as amended by section 201 of 
        this Act) shall be considered before such first day.
            (2) In applying section 208(b)(1)(A) of the Immigration and 
        Nationality Act (as amended by this title) in the case of an 
        alien who has entered or came to the United States before the 
        first day described in paragraph (1), notwithstanding the 
        deadlines specified in such section--
                    (A) the deadline for the filing of a notice of 
                intention to file an application for provisional asylum 
                is 30 days after such first day, and
                    (B) the deadline for the filing of the application 
                for provisional asylum is 30 days after the date of 
                filing such notice.
            (3) The amendments made by section 203(b) (relating to 
        adjustment of status) shall not apply to aliens granted asylum 
        under section 208 of the Immigration and Nationality Act, as in 
        effect before the date of the enactment of this Act.

SEC. 409. ISSUANCE OF NEW IDENTIFICATION CARDS FOR ALIENS.

    (a) In General.--The Attorney General shall cause to be issued new 
registration and identification cards to all aliens who are qualified 
to hold employment in the United States for the purpose of providing 
proof of employment eligibility under section 274A of the Immigration 
and Nationality Act (8 U.S.C. 1324a).
    (b) Requirements.--(1) Each new registration and identification 
card issued under subsection (a) shall--
            (A) be in a form which is resistant to counterfeiting and 
        tampering;
            (B) be designed in such a manner so that an employer can 
        reliably determine that--
                    (i) the person with the bearer's claimed identity 
                is eligible to be employed in the United States, and
                    (ii) the bearer is not claiming the identity of 
                another individual;
            (C) contain a photograph and other identifying information 
        (such as date of birth, sex, and distinguishing marks) that 
        would allow an employer to determine with reasonable certainty 
        that the bearer is not claiming the identity of another 
        individual;
            (D) in the case of a card issued to--
                    (i) a work-eligible nonimmigrant admitted under 
                section 214 of the Immigration and Nationality Act (8 
                U.S.C. 1184),
                    (ii) an alien admitted for temporary residence 
                under section 210 of such Act (8 U.S.C. 1160),
                    (iii) an alien granted temporary protected status 
                under section 244A of such Act (8 U.S.C. 1254a), and
                    (iv) an alien authorized to work by the Immigration 
                and Naturalization Service pending a final 
                determination of deportability,
        shall specify the expiration date of the work authorization on 
        the face of the card; and
            (E) shall specify the alien's admission number or alien 
        file number.
    (2) The new card shall be valid for a period of 10 years and must 
be reissued to remain valid after the 10th anniversary of the date of 
its issue.
    (3) The new card shall note on its face whether work authorization 
is restricted.
    (4) An employer, for purposes of satisfying the requirements of 
section 274A(b) of the Immigration and Nationality--
            (A) may require an alien seeking employment to produce the 
        new card as proof of employment eligibility, and
            (B) may inquire whether an applicant's limited work 
        authorization has expired or has been reauthorized at the end 
        of a work authorization period.
Such a requirement or inquiry shall not constitute an unfair 
immigration-related employment practice under section 274B of such Act.

SEC. 410. IMPLEMENTATION.

    (a) In General.--Each alien who is authorized to be employed in the 
United States shall, on or before October 1, 1994, turn in any alien 
registration and identification card which is in the alien's possession 
at any post office or office of the Immigration and Naturalization 
Service. No resident alien shall receive the new card until--
            (1) the alien--
                    (A) has surrendered the old green card;
                    (B) has provided proof of identity;
                    (C) has provided such other documents as may be 
                required under law; and
                    (D) has paid a fee (not to exceed $75) that is 
                reasonable and sufficient to cover the costs of 
                administration of this section; and
            (2) the Service has verified the lawful status of the 
        alien.
The Attorney General may waive payment of the fee under paragraph 
(1)(D) (or reduce the amount of such fee) if the alien provides 
satisfactory evidence that the alien cannot afford the full fee.
    (b) Posting of Notices.--Notices of the requirement of subsection 
(a) shall be posted in all post offices and Immigration and 
Naturalization Service offices and published in local newspapers during 
fiscal year 1994.
    (c) Invalidity of Old Cards.--Any alien registration or 
identification card for permanent resident aliens, other than an alien 
registration and identification card issued under this section, shall 
be invalid as of midnight of October 1, 1997.
    (d) Use of New Cards Under SAVE Program.--
            (1) In general.--Section 1137(d) of the Social Security Act 
        (42 U.S.C. 1320b-7(d)) is amended--
                    (A) in paragraph (2), by striking ``either'' and 
                all that follows through the end and inserting the 
                following: ``a registration and identification card 
                issued under section 2(a) of the Immigration Document 
                Fraud Prevention Act of 1993.'',
                    (B) in paragraph (3), by striking ``paragraph 
                (2)(A)'' and inserting ``paragraph (2)'', and
                    (C) in paragraph (4), by striking ``paragraph 
                (2)(A)'' and inserting ``such paragraph''.
            (2) Housing assistance.--Section 214(d) of the Housing and 
        Community Development Act of 1980 (42 U.S.C. 1436a(d)) is 
        amended--
                    (A) in paragraph (2), by striking ``either'' and 
                all that follows through the end and inserting the 
                following: ``a registration and identification card 
                issued under section 2(a) of the Immigration Document 
                Fraud Prevention Act of 1993.'',
                    (B) in paragraph (3), by striking ``paragraph 
                (2)(A)'' and inserting ``paragraph (2)'',
                    (C) in paragraph (4), by striking ``paragraph 
                (2)(A)'' the first place it appears and inserting 
                ``paragraph (2)'', and
                    (D) in paragraph (4), by striking ``paragraph 
                (2)(A)'' the second place it appears and inserting 
                ``such paragraph''.
            (3) Effective date.--The amendments made by this subsection 
        shall take effect on October 1, 1997.

SEC. 411. NO NATIONAL IDENTITY CARD.

    The new card described in section 409--
            (1) shall not be considered a national identity card;
            (2) shall not be issued to any citizen or national of the 
        United States; and
            (3) shall--
                    (A) not be required to be carried on one's person, 
                and
                    (B) not be required to be presented other than--
                            (i) upon request by a prospective employer 
                        for any purposes other than under this section 
                        or under sections 1001, 1023, 1566, and 1621 of 
                        title 18, United States Code, or to satisfy the 
                        requirements of section 274A of the Immigration 
                        and Nationality Act, or
                            (ii) for purposes of carrying out section 
                        1137(d) of the Social Security Act or section 
                        214(d) of the Housing and Community Development 
                        Act of 1980.

SEC. 412. EMPLOYER EDUCATION PROGRAM.

    The Attorney General, in consultation with the Secretary of Labor, 
the Administrator of the Small Business Administration, and the 
Commissioner of the Internal Revenue, shall conduct a nationwide 
program to inform employers about their responsibilities under the 
Immigration and Nationality Act and the uses of the new alien 
registration and identification cards issued under this Act.

SEC. 413. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated $5,000,000 for each of 
fiscal years 1994 and 1995 to carry out sections 409 through 412 of 
this Act.

SEC. 414. EMPLOYMENT ELIGIBILITY VERIFICATION DEMONSTRATION PROJECT.

    The Attorney General shall continue to conduct the demonstration 
projects under section 274A of the Immigration and Nationality Act in 
order to establish if it is feasible to determine the employment 
eligibility of aliens authorized to work in the United States through 
the use of a telephone and computation capability that is available on 
the date of enactment of this Act. The Attorney General shall submit a 
report to Congress on such projects by not later than October 1, 1994.

                  TITLE V--CHILD-RELATED SEX OFFENDERS

SEC. 501. SENSE OF CONGRESS.

    It is the sense of the Congress that--
            (1) criminal background checks should be performed for all 
        prospective employees or volunteers of State-licensed or tax-
        funded organizations that interact with children;
            (2) an adult who is convicted of a child-related sex 
        offense or a child who has been adjudicated as a delinquent for 
        an act that would constitute a child-related sex offense if 
        committed by an adult should register a current address with 
        the local law enforcement agency;
            (3) a court should require an adult or child who commits a 
        child-related sex offense to register with a local law 
        enforcement agency as a condition of probation;
            (4) criminal penalties should be provided for offenders 
        described in paragraph (3) who are ordered to register with a 
        local law enforcement agency and fail to register;
            (5) law enforcement agencies should submit information on 
        individuals convicted of child-related sex offenses in the law 
        enforcement agencies' communities to the national criminal 
        history background check system, a criminal history record 
        system maintained by the Federal Bureau of Investigation based 
        on fingerprint identification or other methods of positive 
        identification;
            (6) law enforcement agencies should access the FBI database 
        for criminal background checks on employees, prospective 
        employees, or volunteers in State-licensed or federally funded 
        organizations that interact with children;
            (7) the police, upon request, should release information on 
        whether a person has been convicted of a child-related sex 
        offense, if the convicted person lives in the same county as 
        the person making the request;
            (8) criminal penalties should be provided for persons who 
        violate confidentiality requirements regarding the release of 
        information obtained through the registration of individuals 
        who have committed child-related sex offenses;
            (9) a child care institution, foster family home, group 
        home, or child placing agency should be prohibited from hiring 
        an employee or utilizing a volunteer convicted of a child-
        related sex offense;
            (10) anyone applying for employment with a school should 
        undergo a mandatory criminal history check;
            (11) a school should be prohibited from hiring or retaining 
        a person if the person is known to have committed a child-
        related sex offense;
            (12) the State board of education should be prohibited from 
        issuing a teaching license to a person who has been convicted 
        of a child-related sex offense;
            (13) the State board of education should revoke a teacher's 
        license permanently if the teacher is convicted of a child-
        related sex offense; and
            (14) in the case of an arrest or filing of charges that 
        arises from a child-related sex offense, a law enforcement 
        agency or prosecuting attorney should be required to notify the 
        superintendent regarding such arrest or filing of charges 
        against a person who is known by such law enforcement agency or 
        prosecuting attorney to be employed by such school.

                     TITLE VI--TRUTH IN SENTENCING

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Violent and Repeat Offender 
Accountability Act of 1994''.

SEC. 602. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
            (1) it is the responsibility of the Federal Government to 
        provide States help in certain areas, including efforts to 
        reduce violent crime;
            (2) Federal legislation relating to criminal justice, 
        including the Racketeer Influenced and Corrupt Organizations 
        Act (``RICO'') and the Federal Sentencing Guidelines, has been 
        very effective in dealing with crimes to which the legislation 
        applies;
            (3) the responsibility for protecting citizens against most 
        violent crimes and for punishing most violent criminal 
        offenders is primarily a matter of State and local governance;
            (4) violent crimes nationwide have risen dramatically and 
        constitute a national priority of the highest order;
            (5) the persistence and increasing incidence of violent 
        crime, despite the efforts of State and local governments, has 
        resulted in a vastly increased Federal role in this area, and 
        there is pressure for even greater Federal involvement in 
        criminal matters traditionally handled by State and local 
        governments;
            (6) the Federal courts especially have become overburdened 
        with criminal matters more properly handled by State and local 
        governments;
            (7) a major impetus for this increased Federal role in 
        combating violent crime is the lack of effective tools with 
        which State and local governments can prosecute violent 
        criminal offenders;
            (8) a more uniform, proportionate, and appropriately 
        punitive system of sentencing for violent criminal offenders 
        would serve both to reduce the incidence of violent crime and 
        to reduce the need for direct Federal involvement in criminal 
        matters traditionally handled by State and local governments;
            (9) a more appropriate and effective role for the Federal 
        Government in the struggle against most violent crime is to 
        encourage each State to take the steps necessary to reduce 
        crime in such State which would also reduce the national crime 
        rate;
            (10) the United States Sentencing Guidelines have proven to 
        be an effective means of achieving, at the Federal level, a 
        more uniform, proportionate, and appropriately punitive 
        criminal sentencing system; and
            (11) each State should be required to analyze its criminal 
        sentencing system and to consider whether the adoption of a 
        revised sentencing system would enable it to combat violent 
        crime more effectively.
    (b) Purposes.--The purposes of this title are--
            (1) to require each State to undertake a comprehensive 
        examination of the State's criminal sentencing scheme and to 
        create a sentencing system which more effectively governs the 
        sentencing of violent offenders; and
            (2) to provide funds to States that comply with the 
        requirements of section 605(b) to implement necessary changes 
        to the State criminal sentencing system, including increasing 
        the capacity of State correctional facilities if necessary.

SEC. 603. DEFINITION.

    For the purpose of this title, the term ``State'' means any State 
of the United States.

SEC. 604. STATE SENTENCING REVIEWS.

    (a) In General.--Each State, in order to be eligible for funds 
under this title, must conduct a systematic review of its criminal 
sentencing laws and practices.
    (b) State Sentencing Reviews.--Not later than one year after the 
date of enactment of this Act, the government of each State shall 
submit to the Attorney General a report detailing the results of the 
State's review of its criminal sentencing system. The report also shall 
include the following:
            (1) An analysis of the State statutory criminal sentencing 
        scheme, including information regarding murder (all degrees), 
        arson, burglary, assault, robbery, kidnapping, extortion, rape, 
        and child molestation. This analysis should include--
                    (A) the minimum and maximum sentence available for 
                each offense;
                    (B) the basis for distinguishing between different 
                degrees of the same offense;
                    (C) whether factors in addition to the actual crime 
                (such as criminal history, victim impact, or use of a 
                weapon) should be considered by the sentencing 
                authority; and
                    (D) whether probation or some other non-custodial 
                alternatives to incarceration are a sentencing option.
            (2) An analysis of the sentences actually imposed by State 
        court judges for the crimes listed in paragraph (1).
            (3) An analysis of the time which has actually been served 
        for the conviction of crimes listed in paragraph (1).
            (4) An analysis of the practices and procedures of the 
        State relating to probation, parole, and other alternatives to 
        incarceration, with particular emphasis on crimes which have 
        been committed by convicted criminals while on parole or 
        probation or otherwise not incarcerated.
            (5) An analysis of whether the State sentencing system 
        permits or requires the sentencing authority to order convicted 
        criminals to pay restitution to the victim, the victim's 
        family, or the State, and the percentage of restitution orders 
        which are actually collected.
            (6) An analysis of whether and under what circumstances 
        State law permits the pretrial detention without bond of 
        dangerous offenders.
            (7) An analysis of whether and under what circumstances 
        State law gives victims the right to be informed, present, and 
        heard at all critical stages of a case from arrest through 
        parole.
            (8) An analysis of whether and how State law establishes 
        post conviction relief procedures which limit repetitive 
        challenges by convicted offenders.
            (9) An analysis of State law regarding the application of 
        adult sentencing laws to juvenile offenders charged with the 
        crimes listed in section 604(b)(1) of this Act.
            (10) An analysis of the State prison capacity and whether 
        court orders limit, or otherwise impact such capacity and 
        whether a lack of capacity impacts sentencing or release 
        decisions at the judicial or administrative level.

SEC. 605. STATE SENTENCING SYSTEMS.

    (a) In General.--Each State, in order to comply with this Act, must 
submit for approval a plan to the Attorney General that evaluates the 
criminal sentencing system and, if necessary, creates a sentencing 
system which complies with the requirements of subsection (b).
    (b) State Sentencing System.--In addition to responding to the 
reporting requirement of section 604(b) of this Act, the State, in a 
subsequent report to the Attorney General, shall describe in detail any 
changes in the State's criminal sentencing system designed to meet the 
requirements of this Act. The elements of a sentencing system that the 
States must have in order to be in compliance with this title shall 
include at least the following:
            (1) State constitutional or statutory authority for 
        pretrial detention of dangerous criminals.
            (2) Mandatory minimum prison sentences, which do not allow 
        probation or suspension of sentence, for violent offenders or 
        repeat offenders who--
                    (A) intentionally or knowingly inflict serious 
                physical injury;
                    (B) use or exhibit deadly weapons in the commission 
                of the crimes listed in section 604(b)(1) of this Act;
                    (C) commit violent or sexual offenses against 
                children; and
                    (D) commit sexual assault.
            (3) Mandatory life sentence with no release for third or 
        subsequent conviction of violent crime.
            (4) Truth in sentencing provisions which restrict parole, 
        good-time credit release for violent offenders, or other forms 
        of early release to not more than a total reduction of 15 
        percent of the sentence imposed.
            (5) State constitutional or statutory provisions which 
        guarantee to victims the right to be informed, present, and 
        heard at all critical stages of the criminal case, and 
        provisions to ensure the collection, tracking, and enforcement 
        of restitution from the offender in all cases involving 
        economic loss to the victim.

SEC. 606. FUNDING AND COMPLIANCE.

    (a) Funding.--There shall be available to carry out the purposes of 
this Act, for fiscal year 1994, $1,000,000; for fiscal year 1995, 
$1,500,000; for fiscal year 1996, $2,000,000; for fiscal year 1997, 
$2,500,000; and for fiscal year 1998, $3,000,000; from amounts 
appropriated for foreign operations during such fiscal years 
(specifically from the amounts allocated for the Multilateral 
Development Banks, the International Development Association, the 
Agency for International Development, Public Law 83-480, and the 
Export-Import Development Bank) and from amounts appropriated from 
Federal land purchases and from amounts appropriated for trade 
promotion activities and travel and tourism activities.
    (b) Federal Share.--The Federal share of a grant made under this 
title may not exceed 50 percent of the total costs of the projects 
which receive funds under this Act.
    (c) Compliance.--Beginning 3 years after the date of enactment of 
this Act, the Attorney General shall eliminate funding to a State that 
does not comply with the requirements of this Act.

                TITLE VII--THREE STRIKES AND YOU'RE OUT

SEC. 701. LIFE IMPRISONMENT OR DEATH PENALTY FOR THIRD FEDERAL VIOLENT 
              FELONY CONVICTION.

    Section 3581 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(c) Punishment of Certain Violent Felons.--
            ``(1) General rule.--Notwithstanding any other provision of 
        this title or any other law, in the case of a conviction for a 
        Federal violent felony, the court shall sentence the defendant 
        to prison for life if the defendant has previously been 
        convicted of two other violent felonies and if a death results 
        from the violent felony, the defendant shall be subject to the 
        death penalty.
            ``(2) Definition.--As used in this section the term 
        `violent felony' is a State or Federal crime of violence (as 
        defined in section 16 of this title)--
                    ``(A) that involves the threatened use, use, or the 
                risk of use of physical force against the person of 
                another;
                    ``(B) for which the maximum authorized imprisonment 
                exceeds one year; and
                    ``(C) which is not designated a misdemeanor by the 
                law that defines the offense.
            ``(3) Rule of construction.--This subsection shall not be 
        construed to prevent the imposition of the death penalty.''.

                    TITLE VIII--HABEAS CORPUS REFORM

  Subtitle A--Post Conviction Petitions: General Habeas Corpus Reform

SEC. 801. PERIOD OF LIMITATION FOR FILING WRIT OF HABEAS CORPUS 
              FOLLOWING FINAL JUDGMENT OF A STATE COURT.

    Section 2244 of title 28, United States Code, is amended by adding 
at the end the following:
    ``(d) A one-year period of limitation shall apply to an application 
for a writ of habeas corpus by a person in custody pursuant to the 
judgment of a State court. The limitation period shall run from the 
latest of the following times:
            ``(1) The time at which State remedies are exhausted.
            ``(2) The time at which the impediment to filing an 
        application created by State action in violation of the 
        Constitution or laws of the United States is removed, where the 
        applicant was prevented from filing by such State action.
            ``(3) The time at which the Federal right asserted was 
        initially recognized by the Supreme Court, where the right has 
        been newly recognized by the Court and is retroactively 
        applicable.
            ``(4) The time at which the factual predicate of the claim 
        or claims presented could have been discovered through the 
        exercise of reasonable diligence.''.

SEC. 802. AUTHORITY OF APPELLATE JUDGES TO ISSUE CERTIFICATES OF 
              PROBABLE CAUSE FOR APPEAL IN HABEAS CORPUS AND FEDERAL 
              COLLATERAL RELIEF PROCEEDINGS.

    Section 2253 of title 28, United States Code, is amended to read as 
follows:
``Sec. 2253. Appeal
    ``(a) In a habeas corpus proceeding or a proceeding under section 
2255 of this title before a circuit or district judge, the final order 
shall be subject to review, on appeal, by the court of appeals for the 
circuit where the proceeding is had.
    ``(b) There shall be no right of appeal from such an order in a 
proceeding to test the validity of a warrant to remove, to another 
district or place for commitment or trial, a person charged with a 
criminal offense against the United States, or to test the validity of 
his detention pending removal proceedings.
    ``(c) An appeal may not be taken to the court of appeals from the 
final order in a habeas corpus proceeding where the detention 
complained of arises out of process issued by a State court, or from 
the final order in a proceeding under section 2255 of this title, 
unless a circuit justice or judge issues a certificate of probable 
cause.''.

SEC. 803. CONFORMING AMENDMENT TO THE RULES OF APPELLATE PROCEDURE.

    (a) In General.--Rule 22 of the Federal Rules of Appellate 
Procedure is amended to read as follows:

``Rule 22. Habeas corpus and section 2255 proceedings

    ``(a) Application for an Original Writ of Habeas Corpus.--An 
application for a writ of habeas corpus shall be made to the 
appropriate district court. If application is made to a circuit judge, 
the application will ordinarily be transferred to the appropriate 
district court. If an application is made to or transferred to the 
district court and denied, renewal of the application before a circuit 
judge is not favored; the proper remedy is by appeal to the court of 
appeals from the order of the district court denying the writ.
    ``(b) Necessity of Certificate of Probable Cause for Appeal.--In a 
habeas corpus proceeding in which the detention complained of arises 
out of process issued by a State court, and in a motion proceeding 
pursuant to section 2255 of title 28, United States Code, an appeal by 
the applicant or movant may not proceed unless a circuit judge issues a 
certificate of probable cause. If a request for a certificate of 
probable cause is addressed to the court of appeals, it shall be deemed 
addressed to the judges thereof and shall be considered by a circuit 
judge or judges as the court deems appropriate. If no express request 
for a certificate is filed, the notice of appeal shall be deemed to 
constitute a request addressed to the judges of the court of appeals. 
If an appeal is taken by a State or the Government or its 
representative, a certificate of probable cause is not required.''.
    (b) Clerical Amendment.--The item relating to rule 22 in the table 
of contents of the Federal Rules of Appellate Procedure is amended by 
inserting ``and section 2255'' after ``Habeas corpus''.

SEC. 804. DISCRETION TO DENY HABEAS CORPUS APPLICATION DESPITE FAILURE 
              TO EXHAUST STATE REMEDIES.

    Section 2254(b) of title 28, United States Code, is amended to read 
as follows:
    ``(b) An application for a writ of habeas corpus in behalf of a 
person in custody pursuant to the judgment of a State court shall not 
be granted unless it appears that the applicant has exhausted the 
remedies available in the courts of the State, or that there is either 
an absence of available State corrective process or the existence of 
circumstances rendering such process ineffective to protect the rights 
of the applicant. An application may be denied on the merits 
notwithstanding the failure of the applicant to exhaust the remedies 
available in the courts of the State.''.

SEC. 805. PERIOD OF LIMITATION FOR FEDERAL PRISONERS FILING FOR 
              COLLATERAL REMEDY.

    Section 2255 of title 28, United States Code, is amended by 
striking the second paragraph and the penultimate paragraph thereof, 
and by adding at the end the following new paragraphs:
    ``A two-year period of limitation shall apply to a motion under 
this section. The limitation period shall run from the latest of the 
following times:
            ``(1) The time at which the judgment of conviction becomes 
        final.
            ``(2) The time at which the impediment to making a motion 
        created by governmental action in violation of the Constitution 
        or laws of the United States is removed, where the movant was 
        prevented from making a motion by such governmental action.
            ``(3) The time at which the right asserted was initially 
        recognized by the Supreme Court, where the right has been newly 
        recognized by the Court and is retroactively applicable.
            ``(4) The time at which the factual predicate of the claim 
        or claims presented could have been discovered through the 
        exercise of reasonable diligence.''.

 Subtitle B--Special Procedures for Collateral Proceedings in Capital 
                                 Cases

SEC. 811. DEATH PENALTY LITIGATION PROCEDURES.

    (a) In General.--Title 28, United States Code, is amended by 
inserting immediately after chapter 153 the following new chapter:

    ``CHAPTER 154--SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES

``Sec.
``2256. Prisoners in State custody subject to capital sentence; 
                            appointment of counsel; requirement of rule 
                            of court or statute; procedures for 
                            appointment.
``2257. Mandatory stay of execution; duration; limits on stays of 
                            execution; successive petitions.
``2258. Filing of habeas corpus petition; time requirements; tolling 
                            rules.
``2259. Evidentiary hearings; scope of Federal review; district court 
                            adjudication.
``2260. Certificate of probable cause inapplicable.
``2261. Application to State unitary review procedures.
``2262. Limitation periods for determining petitions.
``2263. Rule of construction.
``Sec. 2256. Prisoners in State custody subject to capital sentence; 
              appointment of counsel; requirement of rule of court or 
              statute; procedures for appointment
    ``(a) This chapter shall apply to cases arising under section 2254 
brought by prisoners in State custody who are subject to a capital 
sentence. It shall apply only if the provisions of subsections (b) and 
(c) are satisfied.
    ``(b) This chapter is applicable if a State establishes by rule of 
its court of last resort or by statute a mechanism for the appointment, 
compensation and payment of reasonable litigation expenses of competent 
counsel in State postconviction proceedings brought by indigent 
prisoners whose capital convictions and sentences have been upheld on 
direct appeal to the court of last resort in the State or have 
otherwise become final for State law purposes. The rule of court or 
statute must provide standards of competency for the appointment of 
such counsel.
    ``(c) Any mechanism for the appointment, compensation and 
reimbursement of counsel as provided in subsection (b) must offer 
counsel to all State prisoners under capital sentence and must provide 
for the entry of an order by a court of record: (1) appointing one or 
more counsel to represent the prisoner upon a finding that the prisoner 
is indigent and accepted the offer or is unable competently to decide 
whether to accept or reject the offer; (2) finding, after a hearing if 
necessary, that the prisoner rejected the offer of counsel and made the 
decision with an understanding of its legal consequences; or (3) 
denying the appointment of counsel upon a finding that the prisoner is 
not indigent.
    ``(d) No counsel appointed pursuant to subsections (b) and (c) to 
represent a State prisoner under capital sentence shall have previously 
represented the prisoner at trial or on direct appeal in the case for 
which the appointment is made unless the prisoner and counsel expressly 
request continued representation.
    ``(e) The ineffectiveness or incompetence of counsel during State 
or Federal collateral postconviction proceedings in a capital case 
shall not be a ground for relief in a proceeding arising under section 
2254 of this chapter. This limitation shall not preclude the 
appointment of different counsel, on the court's own motion or at the 
request of the prisoner, at any phase of State or Federal 
postconviction proceedings on the basis of the ineffectiveness or 
incompetence of counsel in such proceedings.
``Sec. 2257. Mandatory stay of execution; duration; limits on stays of 
              execution; successive petitions
    ``(a) Upon the entry in the appropriate State court of record of an 
order under section 2256(c), a warrant or order setting an execution 
date for a State prisoner shall be stayed upon application to any court 
that would have jurisdiction over any proceedings filed under section 
2254. The application must recite that the State has invoked the 
postconviction review procedures of this chapter and that the scheduled 
execution is subject to stay.
    ``(b) A stay of execution granted pursuant to subsection (a) shall 
expire if--
            ``(1) a State prisoner fails to file a habeas corpus 
        petition under section 2254 within the time required in section 
        2258, or fails to make a timely application for court of 
        appeals review following the denial of such a petition by a 
        district court;
            ``(2) upon completion of district court and court of 
        appeals review under section 2254 the petition for relief is 
        denied and (A) the time for filing a petition for certiorari 
        has expired and no petition has been filed; (B) a timely 
        petition for certiorari was filed and the Supreme Court denied 
        the petition; or (C) a timely petition for certiorari was filed 
        and upon consideration of the case, the Supreme Court disposed 
        of it in a manner that left the capital sentence undisturbed; 
        or
            ``(3) before a court of competent jurisdiction, in the 
        presence of counsel and after having been advised of the 
        consequences of his decision, a State prisoner under capital 
        sentence waives the right to pursue habeas corpus review under 
        section 2254.
    ``(c) If one of the conditions in subsection (b) has occurred, no 
Federal court thereafter shall have the authority to enter a stay of 
execution or grant relief in a capital case unless--
            ``(1) the basis for the stay and request for relief is a 
        claim not previously presented in the State or Federal courts;
            ``(2) the failure to raise the claim is (A) the result of 
        State action in violation of the Constitution or laws of the 
        United States; (B) the result of the Supreme Court recognition 
        of a new Federal right that is retroactively applicable; or (C) 
        based on a factual predicate that could not have been 
        discovered through the exercise of reasonable diligence in time 
        to present the claim for State or Federal postconviction 
        review; and
            ``(3) the facts underlying the claim would be sufficient, 
        if proven, to undermine the court's confidence in the 
        determination of guilt on the offense or offenses for which the 
        death penalty was imposed.
``Sec. 2258. Filing of habeas corpus petition; time requirements; 
              tolling rules
    ``Any petition for habeas corpus relief under section 2254 must be 
filed in the appropriate district court within one hundred and eighty 
days from the filing in the appropriate State court of record of an 
order under section 2256(c). The time requirements established by this 
section shall be tolled--
            ``(1) from the date that a petition for certiorari is filed 
        in the Supreme Court until the date of final disposition of the 
        petition if a State prisoner files the petition to secure 
        review by the Supreme Court of the affirmance of a capital 
        sentence on direct review by the court of last resort of the 
        State or other final State court decision on direct review;
            ``(2) during any period in which a State prisoner under 
        capital sentence has a properly filed request for 
        postconviction review pending before a State court of competent 
        jurisdiction; if all State filing rules are met in a timely 
        manner, this period shall run continuously from the date that 
        the State prisoner initially files for postconviction review 
        until final disposition of the case by the highest court of the 
        State, but the time requirements established by this section 
        are not tolled during the pendency of a petition for certiorari 
        before the Supreme Court except as provided in paragraph (1); 
        and
            ``(3) during an additional period not to exceed sixty days, 
        if (A) a motion for an extension of time is filed in the 
        Federal district court that would have proper jurisdiction over 
        the case upon the filing of a habeas corpus petition under 
        section 2254; and (B) a showing of good cause is made for the 
        failure to file the habeas corpus petition within the time 
        period established by this section.
``Sec. 2259. Evidentiary hearings; scope of Federal review; district 
              court adjudication
    ``(a) Whenever a State prisoner under a capital sentence files a 
petition for habeas corpus relief to which this chapter applies, the 
district court shall--
            ``(1) determine the sufficiency of the record for habeas 
        corpus review based on the claims actually presented and 
        litigated in the State courts except when the prisoner can show 
        that the failure to raise or develop a claim in the State 
        courts is (A) the result of State action in violation of the 
        Constitution or laws of the United States; (B) the result of 
        the Supreme Court recognition of a new Federal right that is 
        retroactively applicable; or (C) based on a factual predicate 
        that could not have been discovered through the exercise of 
        reasonable diligence in time to present the claim for State 
        postconviction review; and
            ``(2) conduct any requested evidentiary hearing necessary 
        to complete the record for habeas corpus review.
    ``(b) Upon the development of a complete evidentiary record, the 
district court shall rule on the claims that are properly before it.
``Sec. 2260. Certificate of probable cause inapplicable
    ``The requirement of a certificate of probable cause in order to 
appeal from the district court to the court of appeals does not apply 
to habeas corpus cases subject to the provisions of this chapter except 
when a second or successive petition is filed.
``Sec. 2261. Application to State unitary review procedure
    ``(a) For purposes of this section, a `unitary review' procedure 
means a State procedure that authorizes a person under sentence of 
death to raise, in the course of direct review of the judgment, such 
claims as could be raised on collateral attack. The provisions of this 
chapter shall apply, as provided in this section, in relation to a 
State unitary review procedure if the State establishes by rule of its 
court of last resort or by statute a mechanism for the appointment, 
compensation and payment of reasonable litigation expenses of competent 
counsel in the unitary review proceedings, including expenses relating 
to the litigation of collateral claims in the proceedings. The rule of 
court or statute must provide standards of competency for the 
appointment of such counsel.
    ``(b) A unitary review procedure, to qualify under this section, 
must include an offer of counsel following trial for the purpose of 
representation on unitary review, and entry of an order, as provided in 
section 2256(c), concerning appointment of counsel or waiver or denial 
of appointment of counsel for that purpose. No counsel appointed to 
represent the prisoner in the unitary review proceedings shall have 
previously represented the prisoner at trial in the case for which the 
appointment is made unless the prisoner and counsel expressly request 
continued representation.
    ``(c) Sections 2257, 2258, 2259, 2260, and 2262 shall apply in 
relation to cases involving a sentence of death from any State having a 
unitary review procedure that qualifies under this section. References 
to State `post-conviction review' and `direct review' in those sections 
shall be understood as referring to unitary review under the State 
procedure. The references in sections 2257(a) and 2258 to `an order 
under section 2256(c)' shall be understood as referring to the post-
trial order under subsection (b) concerning representation in the 
unitary review proceedings, but if a transcript of the trial 
proceedings is unavailable at the time of the filing of such an order 
in the appropriate State court, then the start of the one hundred and 
eighty day limitation period under section 2258 shall be deferred until 
a transcript is made available to the prisoner or his counsel.
``Sec. 2262. Limitation periods for determining petitions
    ``(a) The adjudication of any petition under section 2254 of title 
28, United States Code, that is subject to this chapter, and the 
adjudication of any motion under section 2255 of title 28, United 
States Code, by a person under sentence of death, shall be given 
priority by the district court and by the court of appeals over all 
noncapital matters. The adjudication of such a petition or motion shall 
be subject to the following time limitations:
            ``(1) A Federal district court shall determine such a 
        petition or motion within 180 days of filing.
            ``(2)(A) The court of appeals shall hear and determine any 
        appeal relating to such a petition or motion within 180 days 
        after the notice of appeal is filed.
            ``(B) The court of appeals shall decide any application for 
        rehearing en banc within 30 days of the filing of such 
        application unless a responsive pleading is required in which 
        case the court of appeals shall decide the application within 
        30 days of the filing of the responsive pleading. If en banc 
        consideration is granted, the en banc court shall determine the 
        appeal within 180 days of the decision to grant such 
        consideration.
    ``(b) The time limitations under subsection (a) shall apply to an 
initial petition or motion, and to any second or successive petition or 
motion. The same limitations shall also apply to the re-determination 
of a petition or motion or related appeal following a remand by the 
court of appeals or the Supreme Court for further proceedings, and in 
such a case the limitation period shall run from the date of the 
remand.
    ``(c) The time limitations under this section shall not be 
construed to entitle a petitioner or movant to a stay of execution, to 
which the petitioner or movant would otherwise not be entitled, for the 
purpose of litigating any petition, motion, or appeal.
    ``(d) The failure of a court to meet or comply with the time 
limitations under this section shall not be a ground for granting 
relief from a judgment of conviction or sentence. The State or 
Government may enforce the time limitations under this section by 
applying to the court of appeals or the Supreme Court for a writ of 
mandamus.
    ``(e) The Administrative Office of United States Courts shall 
report annually to Congress on the compliance by the courts with the 
time limits established in this section.
``Sec. 2263. Rule of construction
    ``This chapter shall be construed to promote the expeditious 
conduct and conclusion of State and Federal court review in capital 
cases.''.
    (b) Clerical Amendment.--The table of chapters at the beginning of 
part VI of title 28, United States Code, is amended by inserting after 
the item relating to chapter 153 the following new item:

``154. Special Habeas Corpus Procedures in Capital cases....    2256''.

 Subtitle C--Funding for Litigation of Federal Habeas Corpus Petitions 
                            in Capital Cases

SEC. 821. FUNDING FOR DEATH PENALTY PROSECUTIONS.

    Part E of title I of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the 
following new section:
    ``Sec. 513. Notwithstanding any other provision of this subpart, 
the Director shall provide grants to the States, from the funding 
allocated pursuant to section 511, for the purpose of supporting 
litigation pertaining to Federal habeas corpus petitions in capital 
cases. The total funding available for such grants within any fiscal 
year shall be equal to the funding provided to capital resource 
centers, pursuant to Federal appropriation, in the same fiscal year.''.

               TITLE IX--INCREASE PENALTIES FOR JUVENILES

SEC. 901. PROSECUTION AS ADULTS OF VIOLENT JUVENILE OFFENDERS.

    Section 5032 of title 18, United States Code, is amended by adding 
at the end the following new paragraph:
    ``Notwithstanding any other provision of this section or any other 
law, a juvenile who was 13 years old or older on the date of the 
commission of an offense under section 113(a), (b), or (c), 1111, 1113, 
2111 or 2113 (if the juvenile was in possession of a firearm during the 
offense), or 2241 (a) or (c) (if the juvenile was in possession of a 
firearm during the offense) of this title shall be prosecuted as an 
adult in Federal court. No juvenile prosecuted as an adult under this 
paragraph shall be incarcerated in an adult prison. If a juvenile 
prosecuted under this paragraph is convicted, the juvenile shall be 
entitled to file a petition for resentencing pursuant to applicable 
sentencing guidelines when he or she reaches the age of 16. The United 
States Sentencing Commission shall promulgate guidelines or amend 
existing guidelines, if necessary, to carry out the purposes of this 
paragraph. For resentencing determinations pursuant to subsection (b), 
the Commission may promulgate guidelines, if necessary, to permit 
sentencing adjustments which may include adjustments which provide for 
supervised releases, for defendants who have clearly demonstrated an 
exceptional degree of responsibility for the offense and a willingness 
and ability to refrain from future criminal conduct.''.

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