[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4848 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4848

                           To control crime.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 1994

  Mr. Dickey introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
                           To control crime.

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``People's 
Protection Crime Control Act of 1994''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
                  TITLE I--PUBLIC SAFETY AND POLICING

                      Subtitle A--Cops on the Beat

Sec. 101. Short title.
Sec. 102. Findings and purposes.
Sec. 103. Community policing; ``Cops on the Beat''.
                        Subtitle B--Safe Schools

Sec. 111. Increased penalties for drug trafficking near schools.
Sec. 112. Federal safe school districts.
Sec. 113. Enhanced penalty for violation of the Gun-Free School Zones 
                            Act.
 Subtitle C--Criminal Street Gangs; Crimes Against Children; Parental 
                             Accountability

Sec. 121. Criminal street gangs offenses.
Sec. 122. Drive-by shootings.
Sec. 123. Addition of anti-gang Byrne grant funding objective.
Sec. 124. Increased penalties for drug trafficking near public housing.
Sec. 125. Parental accountability.
Sec. 126. Death penalty for murder during the sexual exploitation of 
                            children.
Sec. 127. Increased penalties for sex offenses against victims below 
                            the age of 16.
Sec. 128. Penalties for international trafficking in child pornography.
Sec. 129. State legislation regarding child pornography.
Sec. 130. National registration of convicted child abusers.
Sec. 131. Increased penalties for assaults against children.
Sec. 132. Offense of inducing minors or other persons to use steroids.
Sec. 133. Increased penalties for drug distribution to pregnant women.
Sec. 134. Interstate enforcement of child support orders.
Sec. 135. Inclusion in consumer credit reports of information on 
                            overdue child support obligations of the 
                            consumer.
Sec. 136. Crimes involving the use of minors as RICO predicates.
Sec. 137. Increased penalties for using minors in drug trafficking and 
                            drug distribution to minors.
Sec. 138. Increased penalties for using a minor in commission of a 
                            Federal offense.
Sec. 139. International parental kidnapping.
Sec. 140. State court programs regarding international parental child 
                            abduction.
          Subtitle D--Punishment of Serious Juvenile Offenders

Sec. 151. Serious juvenile drug offenses as Armed Career Criminal Act 
                            predicates.
Sec. 152. Prosecution as adults of violent juvenile offenders.
Sec. 153. Amendments concerning records of crimes committed by 
                            juveniles.
               TITLE II--STATE PRISON CONSTRUCTION GRANTS

Sec. 201. Grants.
Sec. 202. Federal funds.
Sec. 203. Authorization of appropriations.
Sec. 204. Definitions.
       TITLE III--ELIMINATION OF DELAYS IN CARRYING OUT SENTENCES

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

Sec. 301. Period of limitation for filing writ of habeas corpus 
                            following final judgment of a State court.
Sec. 302. Authority of appellate judges to issue certificates of 
                            probable cause for appeal in habeas corpus 
                            and Federal collateral relief proceedings.
Sec. 303. Conforming amendment to the rules of appellate procedure.
Sec. 304. Discretion to deny habeas corpus application despite failure 
                            to exhaust State remedies.
Sec. 305. Period of limitation for Federal prisoners filing for 
                            collateral remedy.
 Subtitle B--Special Procedures for Collateral Proceedings in Capital 
                                 Cases

Sec. 311. Death penalty litigation procedures.
 Subtitle C--Funding for Litigation of Federal Habeas Corpus Petitions 
                            in Capital Cases

Sec. 321. Funding for death penalty prosecutions.
                   TITLE IV--TWO STRIKES, YOU'RE OUT

Sec. 401. Life imprisonment or death penalty for second violent felony 
                            conviction.
               TITLE V--TAKING PRISONERS OFF THE STREETS

                 Subtitle A--Expanding Prison Capacity

Sec. 501. Non-applicability of Davis-Bacon to prison construction.
             Subtitle B--Restriction on Court Jurisdiction

Sec. 502. Restricted Federal court jurisdiction in imposing remedies on 
                            State and Federal prison systems.
              Subtitle C--Limitation of Prisoners' Rights

Sec. 511. Exhaustion requirement.
Sec. 512. Frivolous actions.
Sec. 513. Modification of required minimum standards.
Sec. 514. Review and certification procedure changes.
Sec. 515. Proceedings in forma pauperis.
                     Subtitle D--Prison Governance

Sec. 521. Corporal punishment.
Sec. 522. Incentive for work.
                        TITLE VI--VICTIMS RIGHTS

                         Subtitle A--Generally

Sec. 601. Notification on release of prisoners.
Sec. 602. Amendment of restitution provisions.
Sec. 603. Right of the victim to an impartial jury.
Sec. 604. Victim's right of allocution in sentencing.
Sec. 605. Prohibition of retaliatory killings of witnesses, victims and 
                            informants.
                 Subtitle B--Admissibility of Evidence

Sec. 611. Admissibility of evidence of similar crimes in sex offense 
                            cases.
Sec. 612. Extension and strengthening of rape victim shield law.
Sec. 613. Inadmissibility of evidence to show provocation or invitation 
                            by victim in sex offense cases.
       Subtitle C--Good Faith Exemption to the Exclusionary Rule

Sec. 621. Admissibility of certain evidence.
                     TITLE VII--PROTECTION OF WOMEN

                 Subtitle A--Spouse Abuse and Stalking

Sec. 701. Interstate travel to commit spouse abuse or to violate 
                            protective order; interstate stalking.
Sec. 702.  Full faith and credit for protective orders.
                 Subtitle B--Victims of Sexual Violence

Sec. 711. Civil remedy for victims of sexual violence.
Sec. 712. Extension and strengthening of restitution.
Sec. 713. Pre-trial detention in sex offense cases.
                Subtitle C--Punishment of Sex Offenders

Sec. 721. Death penalty for rape and child molestation murders.
Sec. 722. Increased penalties for recidivist sex offenders.
Sec. 723. Sentencing guidelines increase for sex offenses.
Sec. 724. HIV testing and penalty enhancement in sexual offense cases.
    Subtitle D--Rural Domestic Violence and Child Abuse Enforcement

Sec. 731. Rural domestic violence and child abuse enforcement 
                            assistance.
            TITLE VIII--CRIMINAL ALIENS AND ALIEN SMUGGLING

               Subtitle A--Deportation of Criminal Aliens

Sec. 801. Expediting criminal alien deportation and exclusion.
Sec. 802. Authorizing registration of aliens on criminal probation or 
                            criminal parole.
Sec. 803. Expansion in definition of ``aggravated felony''.
Sec. 804. Deportation procedures for certain criminal aliens who are 
                            not permanent residents.
Sec. 805. Judicial deportation.
Sec. 806. Restricting defenses to deportation for certain criminal 
                            aliens.
Sec. 807. Enhancing penalties for failing to depart, or reentering, 
                            after final order of deportation.
Sec. 808. Miscellaneous and technical changes.
Sec. 809. Authorization of appropriations for criminal alien 
                            information system.
        Subtitle B--Prevention and Punishment of Alien Smuggling

Sec. 811. Border patrol agents.
Sec. 812. Border patrol investigators.
Sec. 813. Including alien smuggling as a racketeering activity for 
                            purposes of Racketeering Influenced and 
                            Corrupt Organizations (RICO) enforcement 
                            authority.
Sec. 814. Enhanced penalties for employers who knowingly employ 
                            smuggled aliens.
Sec. 815. Enhanced penalties for certain alien smuggling.
Sec. 816. Expanded forfeiture for smuggling or harboring illegal 
                            aliens.
Sec. 817. Compensation for incarceration of undocumented criminal 
                            aliens.
  TITLE IX--INSTANT CHECK, RURAL DRUG TASK FORCES, AND ENHANCED DRUG 
                               PENALTIES

         Subtitle A--Instant Check System for Handgun Purchases

Sec. 901. Definitions.
Sec. 902. State instant criminal check systems for handgun purchases.
Sec. 903. Amendment of chapter 44 of title 18, United States Code.
Sec. 904. Establishment and operation of criminal history system.
Sec. 905. Operation of system for purpose of screening handgun 
                            purchasers.
Sec. 906. Improvement of criminal justice records.
Sec. 907. Access to State criminal records.
Sec. 908. Improvements in State records.
Sec. 909. Funding of State criminal records systems and dedication of 
                            funds.
Sec. 910. Authorization of appropriations.
              Subtitle B--Drug Trafficking in Rural Areas

Sec. 911. Authorizations for rural law enforcement agencies.
Sec. 912. Rural crime and drug enforcement task forces.
Sec. 913. Cross-designation of Federal officers.
Sec. 914. Rural drug enforcement training.
Sec. 915. More agents for the Drug Enforcement Administration.
                       Subtitle C--Miscellaneous

Sec. 921. Enhancement of penalties for drug trafficking in prisons.
Sec. 922. Crack penalty amendments.
                         TITLE X--MISCELLANEOUS

Sec. 1001. Awards of Pell grants to prisoners prohibited.
Sec. 1002. Professional and commerical licences.
Sec. 1003. Limitations on payment of OASDI benefits to prisoners.
Sec. 1004. Limitation on use of veterans' educational assistance by 
                            prisoners.
  TITLE XI--PENALTIES FOR HARASSMENT OR OBSTRUCTION OF LAWFUL HUNTING

Sec. 1101. Short title.
Sec. 1102. Findings.
Sec. 1103. Definitions.
Sec. 1104. Obstruction of a lawful hunt.
Sec. 1105. Civil penalties.
Sec. 1106. Other relief.
Sec. 1107. Relationship to State and local law and civil actions.
Sec. 1108. Regulations.
             TITLE XII--VIOLENT CRIME REDUCTION TRUST FUND

Sec. 1201. Purposes.
Sec. 1202. Reduction of Federal full-time equivalent positions.
Sec. 1203. Creation of Violent Crime Reduction Trust Fund.
Sec. 1204. Conforming reduction in discretionary spending limits.

                  TITLE I--PUBLIC SAFETY AND POLICING

                      Subtitle A--Cops on the Beat

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Public Safety Partnership and 
Community Policing Act of 1994''.

SEC. 102. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that--
            (1) according to data compiled by the Federal Bureau of 
        Investigation, in 1961, there was approximately 1 reported 
        violent crime per city police officer, but while from 1961 to 
        1991 there was no substantial increase in United States cities' 
        police employment rate, during the same period the number of 
        reported violent crimes per city police officer rose to 
        approximately 4.6 per officer;
            (2) National Crime Survey figures indicate that nearly 
        5,000,000 households in the United States had at least 1 member 
        who had been a victim of violent crime during 1991;
            (3) these victims of violence experienced more than 
        6,400,000 crimes of which about one-half were reported to law 
        enforcement authorities;
            (4) community-oriented policing (``cops on the beat'') 
        enhances communication and cooperation between law enforcement 
        and members of the community;
            (5) such communication and cooperation between law 
        enforcement and members of the community significantly assists 
        in preventing and controlling crime and violence, thus 
        enhancing public safety; and
            (6) while increasing and maintaining police resources and 
        presence in the community are the long-term responsibility of 
        State and local governments, State and local law enforcement 
        agencies are in need of immediate assistance to begin the 
        process of rehiring officers who have been laid off for 
        budgetary reasons and hiring new, additional officers to assist 
        in the implementation of community-oriented policing.
    (b) Purposes.--The purposes of this title are to--
            (1) substantially increase the number of law enforcement 
        officers interacting directly with members of the community 
        (``cops on the beat'');
            (2) provide additional and more effective training to law 
        enforcement officers to enhance their problemsolving, service, 
        and other skills needed in interacting with members of the 
        community;
            (3) encourage the development and implementation of 
        innovative programs to permit members of the community to 
        assist State and local law enforcement agencies in the 
        prevention of crime in the community; and
            (4) encourage the development of new technologies to assist 
        State and local law enforcement agencies in reorienting the 
        emphasis of their activities from reacting to crime to 
        preventing crime,
by establishing a program of grants and assistance in furtherance of 
these objectives, including the authorization for a period of 6 years 
of grants for the hiring and rehiring of additional career law 
enforcement officers.

SEC. 103. COMMUNITY POLICING; ``COPS ON THE BEAT''.

    (a) In General.--Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended--
            (1) by redesignating part Q as part R;
            (2) by redesignating section 1701 as section 1801; and
            (3) by inserting after part P the following new part:

     ``PART Q--PUBLIC SAFETY AND CITY POLICING; `COPS ON THE BEAT'

``SEC. 1701. AUTHORITY TO MAKE PUBLIC SAFETY AND COMMUNITY POLICING 
              GRANTS.

    ``(a) Grant Authorization.--The Attorney General may make grants to 
units of State and local government, and to other public and private 
entities, to increase police presence, to expand and improve 
cooperative efforts between law enforcement agencies and members of the 
community to address crime and disorder problems, and otherwise to 
enhance public safety.
    ``(b) Rehiring and Hiring Grant Projects.--Grants made under 
subsection (a) may be used for programs, projects, and other activities 
to--
            ``(1) rehire law enforcement officers who have been laid 
        off as a result of State and local budget reductions for 
        deployment in community-oriented policing; and
            ``(2) hire new, additional career law enforcement officers 
        for deployment in community-oriented policing across the 
        Nation.
    ``(c) Troops-to-Cops Programs.--(1) Grants made under subsection 
(a) may be used to hire former members of the Armed Forces to serve as 
career law enforcement officers for deployment in community-oriented 
policing, particularly in communities that are adversely affected by a 
recent military base closing.
    ``(2) In this subsection, `former member of the Armed Forces' means 
a member of the Armed Forces of the United States who is involuntarily 
separated from the Armed Forces within the meaning of section 1141 of 
title 10, United States Code.
    ``(d) Additional Grant Projects.--Grants made under subsection (a) 
may include programs, projects, and other activities to--
            ``(1) increase the number of law enforcement officers 
        involved in activities that are focused on interaction with 
        members of the community on proactive crime control and 
        prevention by redeploying officers to such activities;
            ``(2) provide specialized training to law enforcement 
        officers to enhance their conflict resolution, mediation, 
        problemsolving, service, and other skills needed to work in 
        partnership with members of the community;
            ``(3) increase police participation in multidisciplinary 
        early intervention teams;
            ``(4) develop new technologies to assist State and local 
        law enforcement agencies in reorienting the emphasis of their 
        activities from reacting to crime to preventing crime;
            ``(5) develop and implement innovative programs to permit 
        members of the community to assist State and local law 
        enforcement agencies in the prevention of crime in the 
        community, such as a citizens police academy, including 
        programs designed to increase the level of access to the 
        criminal justice system enjoyed by victims, witnesses, and 
        ordinary citizens by establishing decentralized satellite 
        offices (including video facilities) of principal criminal 
        courts buildings;
            ``(6) establish innovative programs to reduce, and keep to 
        a minimum, the amount of time that law enforcement officers 
        must be away from the community while awaiting court 
        appearances;
            ``(7) establish and implement innovative programs to 
        increase and enhance proactive crime control and prevention 
        programs involving law enforcement officers and young persons 
        in the community; and
            ``(8) develop and establish new administrative and 
        managerial systems to facilitate the adoption of community-
        oriented policing as an organization-wide philosophy.
    ``(e) Preferential Consideration of Applications for Certain 
Grants.--In awarding grants under this part, the Attorney General shall 
give preferential consideration, where feasible, to applications for 
hiring and rehiring additional career law enforcement officers that 
involve--
            (1) a non-Federal contribution exceeding the 25 percent 
        minimum under subsection (i); and
            (2) hiring former members of the Armed Forces to serve as 
        career law enforcement officers under subsection (c).
    ``(f) Technical Assistance.--(1) The Attorney General may provide 
technical assistance to units of State and local government, and to 
other public and private entities, in furtherance of the purposes of 
the Public Safety Partnership and Community Policing Act of 1993.
    ``(2) The technical assistance provided by the Attorney General may 
include the development of a flexible model that will define for State 
and local governments, and other public and private entities, 
definitions and strategies associated with community or problem-
oriented policing and methodologies for its implementation.
    ``(3) The technical assistance provided by the Attorney General may 
include the establishment and operation of training centers or 
facilities, either directly or by contracting or cooperative 
arrangements. The functions of the centers or facilities established 
under this paragraph may include instruction and seminars for police 
executives, managers, trainers and supervisors concerning community or 
problem-oriented policing and improvements in police-community 
interaction and cooperation that further the purposes of the Public 
Safety Partnership and Community Policing Act of 1993.
    ``(g) Utilization of Components.--The Attorney General may utilize 
any component or components of the Department of Justice in carrying 
out this part.
    ``(h) Minimum Amount.--Each qualifying State, together with 
grantees within the State, shall receive in each fiscal year pursuant 
to subsection (a) not less than 0.6 percent of the total amount 
appropriated in the fiscal year for grants pursuant to that subsection. 
In this subsection, `qualifying State' means any State which has 
submitted an application for a grant, or in which an eligible entity 
has submitted an application for a grant, which meets the requirements 
prescribed by the Attorney General and the conditions set out in this 
part.
    ``(i) Matching Funds.--The portion of the costs of a program, 
project, or activity provided by a grant under subsection (a) may not 
exceed 75 percent, unless the Attorney General waives, wholly or in 
part, the requirement under this subsection of a non-Federal 
contribution to the costs of a program, project, or activity. In 
relation to a grant for a period exceeding 1 year for hiring or 
rehiring career law enforcement officers, the Federal share shall 
decrease from year to year for up to 5 years, looking toward the 
continuation of the increased hiring level using State or local sources 
of funding following the conclusion of Federal support, as provided in 
an approved plan pursuant to section 1702(c)(8).
    ``(j) Allocation of Funds.--The funds available under this part 
shall be allocated as provided in section 1001(a)(11)(B).
    ``(k) Termination of Grants for Hiring Officers.--The authority 
under subsection (a) of this section to make grants for the hiring and 
rehiring of additional career law enforcement officers shall lapse at 
the conclusion of 6 years from the date of enactment of this part. 
Prior to the expiration of this grant authority, the Attorney General 
shall submit a report to Congress concerning the experience with and 
effects of such grants. The report may include any recommendations the 
Attorney General may have for amendments to this part and related 
provisions of law in light of the termination of the authority to make 
grants for the hiring and rehiring of additional career law enforcement 
officers.

``SEC. 1702. APPLICATIONS.

    ``(a) In General.--No grant may be made under this part unless an 
application has been submitted to, and approved by, the Attorney 
General.
    ``(b) Application.--An application for a grant under this part 
shall be submitted in such form, and contain such information, as the 
Attorney General may prescribe by regulation or guidelines.
    ``(c) Contents.--In accordance with the regulations or guidelines 
established by the Attorney General, each application for a grant under 
this part shall--
            ``(1) include a long-term strategy and detailed 
        implementation plan that reflects consultation with community 
        groups and appropriate private and public agencies and reflects 
        consideration of the statewide strategy under section 
        503(a)(1);
            ``(2) demonstrate a specific public safety need;
            ``(3) explain the locality's inability to address the need 
        without Federal assistance;
            ``(4) identify related governmental and community 
        initiatives which complement or will be coordinated with the 
        proposal;
            ``(5) certify that there has been appropriate coordination 
        with all affected agencies;
            ``(6) outline the initial and ongoing level of community 
        support for implementing the proposal including financial and 
        in-kind contributions or other tangible commitments;
            ``(7) specify plans for obtaining necessary support and 
        continuing the proposed program, project, or activity following 
        the conclusion of Federal support; and
            ``(8) if the application is for a grant for hiring or 
        rehiring additional career law enforcement officers--
                    ``(A) specify plans for the assumption by the 
                grantee of a progressively larger share of the cost in 
                the course of time, looking toward the continuation of 
                the increased hiring level using State or local sources 
                of funding following the conclusion of Federal support;
                    ``(B) assess the impact, if any, of the increase in 
                police resources on other components of the criminal 
                justice system; and
                    ``(C) explain how the grant will be utilized to 
                reorient the affected law enforcement agency's mission 
                toward community-oriented policing or enhance its 
                involvement in or commitment to community-oriented 
                policing.

``SEC. 1703. REVIEW OF APPLICATIONS BY STATE OFFICE.

    ``(a) In General.--Except as provided in subsection (c) or (d), an 
applicant for a grant under this part shall submit an application to 
the State office designated under section 507 in the State in which the 
applicant is located for initial review.
    ``(b) Initial Review of Application.--(1) The State office referred 
to in subsection (a) shall review applications for grants under this 
part submitted to it, based upon criteria specified by the Attorney 
General by regulation or guidelines.
    ``(2) Upon completion of the reviews required by paragraph (1), the 
State office referred to in subsection (a) shall determine which, if 
any, of the applications for grants under this part are most likely to 
be successful in achieving the purposes of the Public Safety 
Partnership and Community Policing Act of 1993.
    ``(3)(A) The State office referred to in subsection (a) shall list 
the applications for grants under this part in order of their 
likelihood of achieving the purposes of the Public Safety Partnership 
and Community Policing Act of 1993 and shall submit the list along with 
all grant applications and supporting materials received to the 
Attorney General.
    ``(B) In making the submission to the Attorney General required by 
subparagraph (A), the State office referred to in subsection (a) may 
recommend that a particular application or applications should receive 
special priority and provide supporting reasons for the recommendation.
    ``(c) Direct Application to the Attorney General by Certain 
Municipalities.--Notwithstanding subsection (a), municipalities the 
population of which exceeds 150,000 may submit an application for a 
grant under this part directly to the Attorney General. In this 
subsection, `municipalities the population of which exceeds 150,000' 
means units of local government or law enforcement agencies having 
jurisdiction over areas with populations exceeding 150,000, and 
consortia or associations that include one or more such units of local 
government or law enforcement agencies.
    ``(d) Direct Application to the Attorney General by Other 
Applicants.--(1) Notwithstanding subsection (a), if a State chooses not 
to carry out the functions described in subsection (b), an applicant in 
the State may submit an application for a grant under this part 
directly to the Attorney General.
    ``(2) Notwithstanding subsection (a), an applicant that is an 
Indian tribe or tribal law enforcement agency may submit an application 
for a grant under this part directly to the Attorney General.

``SEC. 1704. RENEWAL OF GRANTS.

    ``(a) In General.--Except for grants made for hiring or rehiring 
additional career law enforcement officers, a grant under this part may 
be renewed for up to 2 additional years after the first fiscal year 
during which a recipient receives its initial grant, if the Attorney 
General determines that the funds made available to the recipient were 
used in a manner required under an approved application and if the 
recipient can demonstrate significant progress in achieving the 
objectives of the initial application.
    ``(b) Grants for Hiring.--Grants made for hiring or rehiring 
additional career law enforcement officers may be renewed for up to 5 
years, subject to the requirements of subsection (a), but 
notwithstanding the limitation in that subsection concerning the number 
of years for which grants may be renewed.
    ``(c) Multiyear Grants.--A grant for a period exceeding 1 year may 
be renewed as provided in this section, except that the total duration 
of such a grant including any renewals may not exceed 3 years, or 6 
years if it is a grant made for hiring or rehiring additional career 
law enforcement officers.

``SEC. 1705. LIMITATION ON USE OF FUNDS.

    ``(a) Nonsupplanting Requirement.--Funds made available under this 
part to State or local governments or to Indian tribal governments 
shall not be used to supplant State or local funds, or, in the case of 
Indian tribes, funds supplied by the Department of the Interior, but 
shall be used to increase the amount of funds that would, in the 
absence of Federal funds received under this part, be made available 
from State or local sources, or in the case of Indian tribes, from 
funds supplied by the Department of the Interior.
    ``(b) Administrative Costs.--No more than 5 percent of the funds 
available under this part may be used for the costs of States in 
carrying out the functions described in section 1703(b) or other 
administrative costs.
    ``(c) Non-Federal Costs.--State and local units of government may 
use assets received through the Assets Forfeiture equitable sharing 
program to cover the non-Federal portion of programs, projects, and 
activities funded under this part.
    ``(d) Hiring Costs.--Annual funding provided under this part for 
hiring or rehiring a career law enforcement officer may not exceed 
$50,000, unless the Attorney General grants a waiver from this 
limitation.

``SEC. 1706. PERFORMANCE EVALUATION.

    ``(a) Evaluation Components.--Each program, project, or activity 
funded under this part shall contain an evaluation component, developed 
pursuant to guidelines established by the Attorney General. The 
evaluations required by this subsection shall include outcome measures 
that can be used to determine the effectiveness of the funded programs, 
projects, and activities. Outcome measures may include crime and 
victimization indicators, quality of life measures, community 
perceptions, and police perceptions of their own work.
    ``(b) Periodic Review and Reports.--The Attorney General shall 
review the performance of each grant recipient under this part. The 
Attorney General may require a grant recipient to submit to the 
Attorney General the results of the evaluations required under 
subsection (a) and such other data and information as the Attorney 
General deems reasonably necessary to carry out the responsibilities 
under this subsection.

``SEC. 1707. REVOCATION OR SUSPENSION OF FUNDING.

    ``If the Attorney General determines, as a result of the reviews 
required by section 1706, or otherwise, that a grant recipient under 
this part is not in substantial compliance with the terms and 
requirements of an approved grant application submitted under section 
1702, the Attorney General may revoke or suspend funding of that grant, 
in whole or in part.

``SEC. 1708. ACCESS TO DOCUMENTS.

    ``(a) By the Attorney General.--The Attorney General shall have 
access for the purpose of audit and examination to any pertinent books, 
documents, papers, or records of a grant recipient under this part and 
to the pertinent books, documents, papers, or records of State and 
local governments, persons, businesses, and other entities that are 
involved in programs, projects, or activities for which assistance is 
provided under this part.
    ``(b) By the Comptroller General.--Subsection (a) shall apply with 
respect to audits and examinations conducted by the Comptroller General 
of the United States or by an authorized representative of the 
Comptroller General.

``SEC. 1709. GENERAL REGULATORY AUTHORITY.

    ``The Attorney General may promulgate regulations and guidelines to 
carry out this part.

``SEC. 1710. DEFINITIONS.

    ``In this part--
            `` `Career law enforcement officers' means a person hired 
        on a permanent basis who is authorized by law or by a State or 
        local public agency to engage in or supervise the prevention, 
        detection, or investigation of violations of criminal laws.
            `` `Citizens police academy' means a program by local law 
        enforcement agencies or private non-profit organizations in 
        which citizens, especially those who participate in 
        neighborhood watch programs, are given training in police 
        policy and procedure, criminal law, the legal system, crime 
        awareness, personal safety measures, and ways of facilitating 
        communication between the community and local law enforcement 
        in the prevention of crime.' ''.
    (b) Technical Amendment.--The table of contents of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711, et 
seq.) is amended by striking the item relating to part Q and inserting 
the following:

   ``Part Q--Public Safety and Community Policing; `Cops on the Beat'

``Sec. 1701. Authority to make public safety and community policing 
                            grants.
``Sec. 1702. Applications.
``Sec. 1703. Review of applications by State office.
``Sec. 1704. Renewal of grants.
``Sec. 1705. Limitation on use of funds.
``Sec. 1706. Performance evaluation.
``Sec. 1707. Revocation or suspension of funding.
``Sec. 1708. Access to documents.
``Sec. 1709. General regulatory authority.
``Sec. 1710. Definitions.
             ``Part R--Transition; Effective Date; Repealer

``Sec. 1801. Continuation of rules, authorities, and proceedings.''.
    (c) Authorization of Appropriations.--Section 1001(a) of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793) 
is amended--
            (1) in paragraph (3) by striking ``and O'' and inserting 
        ``O, P, and Q''; and
            (2) by adding at the end the following new paragraph:
    ``(11)(A) There are authorized to be appropriated to carry out part 
Q, to remain available until expended--
            ``(i) $1,035,000,000 for fiscal year 1994;
            ``(ii) $1,720,000,000 for fiscal year 1995;
            ``(iii) $2,070,000,000 for fiscal year 1996;
            ``(iv) $2,270,000,000 for fiscal year 1997; and
            ``(v) $1,900,000,000 for fiscal year 1998.
    ``(B) Of funds available under part Q in any fiscal year, up to 5 
percent may be used for technical assistance under section 1701(e) or 
for evaluations or studies carried out or commissioned by the Attorney 
General in furtherance of the purposes of part Q, and up to 5 percent 
may be used for the costs of States in carrying out the functions 
described in section 1703(b) or other administrative costs. Of the 
remaining funds, 60 percent shall be allocated for grants pursuant to 
applications submitted as provided in section 1703(a) or (d), and 40 
percent shall be allocated for grants pursuant to applications 
submitted as provided in section 1703(c). Of the funds available in 
relation to grants pursuant to applications submitted as provided in 
section 1703(a) or (d), at least 85 percent shall be applied to grants 
for the purposes specified in section 1701(b), and no more than 15 
percent may be applied to other grants in furtherance of the purposes 
of part Q. Of the funds available in relation to grants pursuant to 
applications submitted as provided in section 1703(c), at least 85 
percent shall be applied to grants for the purposes specified in 
section 1701(b), and no more than 15 percent may be applied to other 
grants in furtherance of the purposes of part Q. In view of the 
extraordinary need for law enforcement in Indian country, an 
appropriate amount of funds available under part Q shall be made 
available for grants to Indian tribes or tribal law enforcement 
agencies.''.

                        Subtitle B--Safe Schools

SEC. 111. INCREASED PENALTIES FOR DRUG TRAFFICKING NEAR SCHOOLS.

    Section 419 of the Controlled Substances Act (21 U.S.C. 860) is 
amended--
            (1) in subsection (a) by striking ``one year'' and 
        inserting ``3 years''; and
            (2) in subsection (b) by striking ``three years'' each 
        place it appears and inserting ``5 years''.

SEC. 112. FEDERAL SAFE SCHOOL DISTRICTS.

    (a) Election To Qualify.--
            (1) In general.--By decision of a local educational agency 
        or by referendum of the voters in a school district served by a 
        local educational agency, a school district may elect to 
        qualify as a Federal safe school district under this section.
            (2) Definition.--For purposes of this section, the term 
        ``local educational agency'' shall have the meaning given such 
        term in section 1471(12) of the Elementary and Secondary 
        Education Act of 1965.
    (b) Funding for Enhanced School Security.--
            (1) In general.--The Attorney General may make a grant to a 
        local educational agency serving a Federal safe school district 
        or to a local law enforcement agency with jurisdiction over the 
        school district, as appropriate, to pay for enhanced school 
        security measures.
            (2) Enhanced school security measures.--The measures that 
        may be funded by a grant under paragraph (1) include--
                    (A) equipping schools with metal detectors, fences, 
                closed circuit cameras, and other physical security 
                measures;
                    (B) providing increased police patrols in and 
                around schools, including police hired pursuant to this 
                title;
                    (C) mailings to parents at the beginning of the 
                school year stating that the possession of a gun or 
                other weapon in school will not be tolerated by school 
                authorities;
                    (D) signs on each school indicating that the school 
                is part of a Federal Safe School District; and
                    (E) gun hotlines.

SEC. 113. ENHANCED PENALTY FOR VIOLATION OF THE GUN-FREE SCHOOL ZONES 
              ACT.

    (a) In General.--Section 924(a)(4) of title 18, United States Code, 
is amended--
            (1) by striking ``not more than 5 years'' the 1st place 
        such term appears and inserting ``not less than 5 years and not 
        more than 10 years''; and
            (2) by striking the 3rd sentence.
    (b) Technical Amendment.--Section 924(a)(1)(B) of such title is 
amended by striking ``(q)'' and inserting ``(r)''.

 Subtitle C--Criminal Street Gangs; Crimes Against Children; Parental 
                             Accountability

SEC. 121. CRIMINAL STREET GANGS OFFENSES.

    (a) Offense.--Title 18, United States Code, is amended by inserting 
after chapter 93 the following:

  ``CHAPTER 94--PROHIBITED PARTICIPATION IN CRIMINAL STREET GANGS AND 
                               GANG CRIME

``Sec.
``1930. Prohibited activity.
``1931. Penalties.
``1932. Investigative authority.
``1933. Definitions.
``Sec. 1930. Prohibited activity
    ``It shall be unlawful--
            ``(1) to commit, or to attempt to commit, a predicate gang 
        crime with intent to promote or further the activities of a 
        criminal street gang or for the purpose of gaining entrance to 
        or maintaining or increasing position in such a gang;
            ``(2) to participate, or attempt to participate, in a 
        criminal street gang, or conspire to do so;
            ``(3) to command, counsel, persuade, induce, entice, or 
        coerce any individual to participate in a criminal street gang;
            ``(4) to employ, use, command, counsel, persuade, induce, 
        entice, or coerce any individual to commit, cause to commit, or 
        facilitate the commission of, a predicate gang crime, with 
        intent to promote the activities of a criminal street gang or 
        for the purpose of gaining entrance to or maintaining or 
        increasing position in such a gang; or
            ``(5) to use any communication facility, as defined in 
        section 403(b) of the Controlled Substances Act, in causing or 
        facilitating the commission, or attempted commission, of a 
        predicate gang crime with intent to promote or further the 
        activities of a criminal street gang or for the purpose of 
        gaining entrance to or maintaining or increasing position in 
        such a gang. Each separate use of a communication facility 
        shall be a separate offense under this section.
``Sec. 1931. Penalties
    ``(a) Penalties of Up To 20 Years or Life Imprisonment.--Whoever 
violates section 1930(b) (1) or (2) shall be punished by imprisonment 
for not more than 20 years, or by imprisonment for any term of years or 
for life if the violation is based on a predicate gang crime for which 
the maximum penalty includes life imprisonment, and if the violation 
occurs after 1 or more prior convictions for such a predicate gang 
crime, that is not part of the instant violation, such person shall be 
sentenced to a term of imprisonment which shall not be less than 10 
years and which may be for any term of years exceeding 10 years or for 
life.
    ``(b) Penalties Between 5 and 10 Years.--Whoever violates section 
1930 (b)(3) or (b)(4) shall be sentenced to imprisonment for not less 
than 5 and not more than 10 years, and if the individual who was the 
subject of the act was less than 18 years of age, such person shall be 
imprisoned for 10 years. A term of imprisonment under this subsection 
shall run consecutively to any other term of imprisonment, including 
that imposed for any other violation of this chapter.
    ``(c) Penalties of Up To 5 Years.--Whoever violates section 
1930(b)(5) shall be punished by imprisonment for not more than 5 years.
    ``(d) Additional Penalties.--In addition to the other penalties set 
forth in this section--
            ``(1) whoever violates section 1930(b) (1) or (2), 1 of 
        whose predicate gang crimes involves murder or conspiracy to 
        commit murder which results in the taking of a life, and who 
        commits, counsels, commands, induces, procures, or causes that 
        murder, shall be punished by death or by imprisonment for life;
            ``(2) any person who violates section 1930(b) (1) or (2), 1 
        of whose predicate gang crimes involves attempted murder or 
        conspiracy to commit murder, shall be sentenced to a term of 
        imprisonment which shall not be less than 20 years and which 
        may be for any term of years exceeding 20 years or for life; 
        and
            ``(3) any person who violates section 1930(b) (1) or (2), 
        and who at the time of the offense occupied a position of 
        organizer or supervisor, or other position of management in 
        that street gang, shall be sentenced to a term of imprisonment 
        which shall not be less than 15 years and which may be for any 
        term of years exceeding 15 years or for life.
For purposes of paragraph (3) of this subsection, if it is shown that 
the defendant counseled, commanded, induced, or procured 5 or more 
individuals to participate in a street gang, there shall be a 
rebuttable presumption that the defendant occupied a position of 
organizer or supervisor, or other position of management in the gang.
    ``(e) Forfeiture.--Whoever violates section 1930(b) (1) or (2) 
shall, in addition to any other penalty and irrespective of any 
provision of State law, forfeit to the United States--
            ``(1) any property constituting, or derived from, any 
        proceeds the person obtained, directly or indirectly, as a 
        result of the violation; and
            ``(2) any property used, or intended to be used, in any 
        manner or part, to commit, or to facilitate the commission of, 
        the violation.
Sections 413(b), 413(c), and 413 (e) through (p) of the Controlled 
Substances Act apply to a forfeiture under this section.
``Sec. 1932. Investigative authority
    ``The Attorney General and the Secretary of the Treasury shall have 
the authority to investigate offenses under this chapter. This 
authority shall be exercised in accordance with an agreement which 
shall be entered into by the Attorney General and the Secretary of the 
Treasury.
``Sec. 1133. Definitions
    ``As used in this chapter--
            ``(1) the term `predicate gang crime' means--
                    ``(A) any act or threat, or attempted act or 
                threat, which is chargeable under Federal or State law 
                and punishable by imprisonment for more than 1 year, 
                involving murder, assault, kidnapping, robbery, 
                extortion, burglary, arson, property damage or 
                destruction, obstruction of justice, tampering with or 
                retaliating against a witness, victim, or informant, or 
                manufacturing, importing, receiving, concealing, 
                purchasing, selling, possessing, or otherwise dealing 
                in a controlled substance or controlled substance 
                analogue (as those terms are defined in section 102 of 
                the Controlled Substances Act (21 U.S.C. 802));
                    ``(B) any act, punishable by imprisonment for more 
                than 1 year, which is indictable under any of the 
                following provisions of title 18, United States Code: 
                sections 922 and 924(a)(2), (b), (c), (g), or (h) 
                (relating to receipt, possession, and transfer of 
                firearms); section 1503 (relating to obstruction of 
                justice); section 1510 (relating to obstruction of 
                criminal investigations); section 1512 (relating to 
                tampering with a witness, victim, or informant); 
                section 1513 (relating to retaliating against a 
                witness, victim, or informant); or
                    ``(C) any act indictable under subsection (b)(5) of 
                this section;
            ``(2) the term `criminal street gang' means any 
        organization, or group, of 5 or more individuals, whether 
        formal or informal, who act in concert, or agree to act in 
        concert, for a period in excess of 30 days, with a purpose that 
        any of those individuals alone, or in any combination, commit 
        or will commit, 2 or more predicate gang crimes, one of which 
        must occur after the enactment of this chapter and the last of 
        which occurred within 10 years (excluding any period of 
        imprisonment) after the commission of a prior predicate gang 
        crime;
            ``(3) the term `participate in a criminal street gang' 
        means to act in concert with a criminal street gang with intent 
        to commit, or that any other individual associated with the 
        criminal street gang will commit, 1 or more predicate gang 
        crimes; and
            ``(4) the term `State' means a State of the United States, 
        the District of Columbia, and any commonwealth, territory, or 
        possession of the United States.''.
    (b) Clerical Amendment.--The table of chapters for part I of title 
18, United States Code, is amended by inserting after the item for 
chapter 93 the following:

``94. Prohibited participation in criminal street gangs and     1930''.
                            gang crimes.
    (c) Sentencing Guidelines Increase for Gang Crimes.--The United 
States Sentencing Commission shall at the earliest opportunity amend 
the sentencing guidelines to increase by at least 4 levels the base 
offense level for any felony committed for the purpose of gaining 
entrance into, or maintaining or increasing position in, a criminal 
street gang. For purposes of this subsection, ``criminal street gang'' 
means any organization, or group, of 5 or more individuals, whether 
formal or informal, who act in concert, or agree to act in concert, for 
a period in excess of 30 days, with the intent that any of those 
individuals alone, or in any combination, commit or will commit, 2 or 
more acts punishable under State or Federal law by imprisonment for 
more than 1 year.

SEC. 122. DRIVE-BY SHOOTINGS.

    (a) Offense.--Chapter 44 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 931. Drive-by shootings
    ``(a) Whoever knowingly discharges a firearm at a person--
            ``(1) in the course of or in furtherance of drug 
        trafficking activity; or
            ``(2) from a motor vehicle;
shall be punished by imprisonment for up to 25 years, and if death 
results shall be punished by death or by imprisonment for any term of 
years or for life.
    ``(b) For purposes of this section, the term `drug trafficking 
activity' means a drug trafficking crime as defined in section 
929(a)(2) of this title, or a pattern or series of acts involving one 
or more drug trafficking crimes.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 44 of title 18, United States Code, is amended by adding at the 
end the following:

``931. Drive-by shootings.''.

SEC. 123. ADDITION OF ANTI-GANG BYRNE GRANT FUNDING OBJECTIVE.

    Section 501(b) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3751) is amended--
            (1) in paragraph (20) by striking ``and'' at the end;
            (2) in paragraph (21) by striking the period and inserting 
        ``; and''; and
            (3) by inserting after paragraph (21) the following new 
        paragraph:
            ``(22) law enforcement and prevention programs relating to 
        gangs, or to youth who are involved or at risk of involvement 
        in gangs.''.

SEC. 124. INCREASED PENALTIES FOR DRUG TRAFFICKING NEAR PUBLIC HOUSING.

    Section 419 of the Controlled Substances Act (21 U.S.C. 860) is 
amended--
            (1) in subsection (a) by striking ``playground, or within'' 
        and inserting ``playground, or housing facility owned by a 
        public housing authority, or within''; and
            (2) in subsection (b) by striking ``playground, or within'' 
        and inserting ``playground, or housing facility owned by a 
        public housing authority, or within''.

SEC. 125. PARENTAL ACCOUNTABILITY.

    (a) In General.--Chapter 43 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 5043. Civil penalties for parents of certain juvenile offenders
    ``(a) In General.--(1) The parent or legal guardians of any 
juvenile charged with any violation of Federal law shall attend all 
court proceedings involving the juvenille, and
    ``(2) Except as provided in subsection (b), the parents or legal 
guardians of a juvenile who has been convicted of a criminal offense 
under any Federal law may be liable to the United States for a civil 
penalty of not more than $10,000.
    ``(b) Exercise of Parental Responsibility.--The court may decline 
to enforce, if it would cause undue hardship, subsection (a)(1) or to 
impose a fine under subsection (a)(2) if the court makes an affirmative 
determination that under the circumstances, the parents or legal 
guardians exercised reasonable care, supervision and control of the 
juvenile and counseled the juvenile that criminal activity is not 
acceptable.
    ``(c) Amount of Civil Penalties.--
            ``(1) Mandatory minimum.--In no case shall a civil penalty 
        imposed under subsection (a) be less than $100.
            ``(2) Financial hardship.--In no case shall a civil penalty 
        imposed under subsection (a) be less than $500 unless the court 
        makes a finding that a civil penalty in that amount would 
        impose a severe financial hardship on the family of the parent 
        or legal guardians.
            ``(3) If the court determines that the parents or legal 
        guardians are not financially able to pay the civil penalty 
        immediately, the court may set a schedule by which the civil 
        penalty will be paid over time.
    ``(d) Community Service or Parenting Classes in Lieu of Civil 
Penalty.--A parent or legal guardian ordered to pay a civil penalty 
under this section may petition the court to perform such community 
service or attend and successfully complete parenting classes, as the 
court determines to be appropriate, in lieu of the civil penalty.
    ``(e) Definitions.--
            ``(1) As used in this section, the term `juvenile' means 
        any person who is under 18 years of age.
            ``(2) For the purpose of this section, the term `parent' 
        means a biological or custodial parent or noncustodial parent 
        during periods of child visitation, who has legal 
        responsibility for the juvenile at the time the crime was 
        committed.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 403 of title 18, United States Code, is amended by adding at 
the end the following new item:

``5043. Civil penalties for parents of certain juvenile offenders.''.

SEC. 126. DEATH PENALTY FOR MURDER DURING THE SEXUAL EXPLOITATION OF 
              CHILDREN.

    Section 2251(d) of title 18, United States Code, is amended by 
adding at the end the following: ``Whoever, in the course of an offense 
under this section, engages in conduct that results in the death of a 
person, shall be punished by death or imprisoned for any term of years 
or for life.''.

SEC. 127. INCREASED PENALTIES FOR SEX OFFENSES AGAINST VICTIMS BELOW 
              THE AGE OF 16.

    Paragraph (2) of section 2245 of title 18, United States Code, is 
amended--
            (1) in subparagraph (B) by striking ``or'' after the 
        semicolon;
            (2) in subparagraph (C) by striking ``; and'' and inserting 
        ``; 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. 128. PENALTIES FOR INTERNATIONAL TRAFFICKING IN CHILD PORNOGRAPHY.

    (a) Import Related Offense.--Chapter 110 of title 18, United States 
Code, is amended by adding at the end the following:
``Sec. 2258. Production of sexually explicit depictions of a minor for 
              importation into the United States
    ``(a) Any person who, outside the United States, employs, uses, 
persuades, induces, entices, or coerces any minor to engage in, or who 
has a minor assist any other person to engage in, or who transports any 
minor with the intent that such minor engage in any sexually explicit 
conduct for the purpose of producing any visual depiction of such 
conduct, shall be punished as provided under subsection (c), if such 
person intends, knows, or has reason to know that such visual depiction 
will be imported into the United States or into waters within a 
distance of 12 miles of the coast of the United States.
    ``(b) Whoever, outside the United States, knowingly receives, 
transports, ships, distributes, sells, or possesses with intent to 
transport, ship, sell, or distribute any visual depiction of a minor 
engaging in sexually explicit conduct if the production of such visual 
depiction involved the use of a minor engaging in sexually explicit 
conduct, shall be published as provided under subsection (c), if such 
person intends, knows, or has reason to know that such visual depiction 
will be imported into the United States or into waters within a 
distance of 12 miles of the coast of the United States.
    ``(c) Any individual who violates this section, or conspires or 
attempts to do so, shall be fined under this title, or imprisoned not 
more than 10 years, or both, but, if such individual has a prior 
conviction under this chapter or chapter 109A of this title, such 
individual shall be fined according to the provisions of this title, or 
imprisoned not less than five years nor more than 15 years, or both.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 110 of title 18, United States Code, is amended by adding at 
the end the following:

``2258. Production of sexually explicit depictions of a minor for 
                            importation into the United States.''.
    (c) Technical Amendment.--Section 2251(d) of title 18, United 
States Code, is amended--
            (1) by striking ``not more than $100,000'' and inserting 
        ``under this title'';
            (2) by striking ``not more than $200,000'' and inserting 
        ``under this title''; and
            (3) by striking ``not more than $250,000'' and inserting 
        ``under this title''.
    (d) Section 2251 Penalty Enhancement.--Section 2251(d) of title 18, 
United States Code, is amended by striking ``this section'' the second 
place it appears and inserting ``this chapter or chapter 109A of this 
title''.
    (e) Section 2252 Penalty Enhancement.--Section 2252(b)(1) of title 
18, United States Code, is amended by striking ``this section'' and 
inserting ``this chapter or chapter 109A of this title''.
    (f) Conspiracy and Attempt.--Sections 2251(d) and 2252(b) of title 
18, United States Code, are each amended by inserting ``, or attempts 
or conspires to do so,'' after ``violates'' each place it appears.
    (g) RICO Amendment.--Section 1961(l) of title 18, United States 
Code, is amended by striking ``2251-2252'' and inserting ``2251, 2252, 
or 2258''.
    (h) Transportation of Minors.--Section 2423 of title 18, United 
States Code, is amended--
            (1) by inserting ``(a)'' before ``Whoever''; and
            (2) by adding at the end the following:
    ``(b) Whoever travels in interstate or foreign commerce, or 
conspires to do so, for the purpose of engaging in any sexual act (as 
the term `sexual act' is defined in section 2245 of this title) with a 
person under 18 years of age which would be in violation of chapter 
109A of this title if such sexual act occurred in the special maritime 
and territorial jurisdiction of the United States,'' after 
``offense,''.

SEC. 129. STATE LEGISLATION REGARDING CHILD PORNOGRAPHY.

    (a) In General.--Not later than the end of the 18th month beginning 
after the date of the enactment of this Act, each State shall enact 
legislation complying with guidelines established under subsection (b), 
and maintain such legislation in effect thereafter. Compliance with the 
preceding sentence shall be a condition to the receipt by a State of 
any grant, cooperative agreement, or other assistance under--
            (1) section 1404 of the Victims of Crime Act (42 U.S.C. 
        10603); and
            (2) the Child Abuse Prevention and Treatment Act (42 U.S.C. 
        1501 et seq.).
    (b) Guidelines.--The Attorney General shall establish guidelines 
for State legislation prohibiting the production, distribution, 
receipt, or possession of materials depicting a person under 18 years 
of age engaging in sexually explicit conduct and providing for a 
maximum imprisonment of at least one year and for the forfeiture of 
assets used in the commission or support of, or gained from, such 
offenses.

SEC. 130. NATIONAL REGISTRATION OF CONVICTED CHILD ABUSERS.

    (a) States To Register Persons Convicted of Offenses Against 
Children.--
            (1) In general.--Each State shall establish and maintain a 
        registration program under this section requiring persons 
        convicted of a criminal offense against a victim who is a child 
        to register a current address and other information that the 
        Attorney General deems relevant, with a designated State law 
        enforcement agency for 10 years after being released from 
        prison or otherwise being freed from detention after the 
        conviction becomes final.
            (2) Attorney general to establish guidelines.--The Attorney 
        General shall establish guidelines for State registration 
        programs under this section.
            (3) Mandatory elements of guidelines.--Such guidelines 
        shall include provision for--
                    (A) a requirement that the State obtain the 
                fingerprints, physical description, and current 
                photographs of each registered person;
                    (B) annual updating of the information contained in 
                the registry by each registered person; and
                    (C) criminal penalties for failing to comply with 
                the registration requirements.
    (b) States To Report.--
            (1) In general.--Each State shall report to the Attorney 
        General, in such form and manner as the Attorney General shall 
        prescribe--
                    (A) information about each conviction for a 
                criminal offense against a victim who is a child; and
                    (B) the information on the registry that State is 
                required to establish and maintain under subsection 
                (a).
            (2) Annual summary of convictions.--The Attorney General 
        shall publish an annual summary of convictions for offenses 
        involving the physical, psychological, or emotional injuring, 
        sexual abuse or exploitation, neglectful treatment, or 
        maltreatment, of children, based on information reported under 
        this section.
    (c) Sanction for Noncompliance by State.--If a State fails to 
comply with an obligation under subsection (a) or (b) during the period 
that begins 3 years after the date of the enactment of this Act, the 
allocation of funds under section 506 of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3756) shall be reduced 
by 25 percent, and the unallocated funds shall be reallocated to the 
States complying with those obligations.
    (d) Background Checks.--
            (1) In general.--A State may permit qualified entities to 
        obtain from an authorized agency of the State a nationwide 
        background check for the purpose of determining whether there 
        is a report that a provider has been convicted of a background 
        check crime.
            (2) Attorney general to provide information.--The Attorney 
        General, in accordance with such rules and subject to such 
        conditions as the Attorney General shall prescribe, shall 
        provide to authorized agencies of States information possessed 
        by the Department of Justice that would enable the agency to 
        make the background check described in paragraph (1). In making 
        such rules and setting such conditions, the Attorney General 
        shall take care to assure--
                    (A) the currency and accuracy of the information; 
                and
                    (B) that the States maintain procedures to permit 
                providers to check and correct information relating to 
                such providers.
    (e) Definitions.--As used in this Act--
            (1) the term ``child'' means a person who has not attained 
        the age of 18 years;
            (2) the term ``State'' includes the District of Columbia, 
        Puerto Rico, and any other territory or possession of the 
        United States;
            (3) the term ``authorized agency of the State'' means the 
        agency of the State the State designates to carry out the 
        background checks described in section 5;
            (4) the term ``qualified entity'' means a business or 
        organization of any sort that provides child care or child care 
        placement services, including a business or organization that 
        licenses or certifies others to provide such services;
            (5) the term ``provider'' means any person who--
                    (A) seeks or has contact with a child while that 
                child is receiving care from a qualified entity; and
                    (B) seeks employment or ownership of a qualified 
                entity; and
            (6) the term ``background check crime'' means, with respect 
        to a provider, any crime committed by that provider that, as 
        determined under rules prescribed by the Attorney General, may 
        affect the safety of children under the care of a qualified 
        entity with respect to which that provider has a relationship 
        described in paragraph (5).

SEC. 131. INCREASED PENALTIES FOR ASSAULTS AGAINST CHILDREN.

    (a) Simple Assault.--Section 113(e) of title 18, United States 
Code, is amended by striking ``by fine'' and all that follows through 
the period and inserting ``--
            ``(A) if the victim of the assault is an individual who has 
        not attained the age of 18 years, by a fine under this title or 
        imprisonment for not more than one year, or both; and
            ``(B) by a fine under this title or imprisonment for not 
        more than three months, or both, in any other case.''.
    (b) Assaults Resulting in Substantial Bodily Injury.--Section 113 
of title 18, United States Code, is amended by adding at the end the 
following:
            ``(7) Assault resulting in substantial bodily injury to an 
        individual who has not attained the age of 18 years, by a fine 
        under this title or imprisonment for not more than 5 years, or 
        both.''.
    (c) Technical and Stylistic Changes to Section 113.--Section 113 of 
title 18, United States Code, is amended--
            (1) in paragraph (b), by striking ``of not more than 
        $3,000'' and inserting ``under this title'';
            (2) in paragraph (c), by striking ``of not more than 
        $1,000'' and inserting ``under this title'';
            (3) in paragraph (d), by striking ``of not more than $500'' 
        and inserting ``under this title'';
            (4) in paragraph (e), by striking ``of not more than $300'' 
        and inserting ``under this title'';
            (5) by modifying the left margin of each of paragraphs (a) 
        through (f) so that they are indented 2 ems;
            (6) by redesignating paragraphs (a) through (f) as 
        paragraphs (1) through (6); and
            (7) by inserting ``(a)'' before ``Whoever''.
    (d) Definitions.--Section 113 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(b) As used in this subsection--
            ``(1) the term `substantial bodily injury' means bodily 
        injury which involves--
                    ``(A) a temporary but substantial disfigurement; or
                    ``(B) a temporary but substantial loss or 
                impairment of the function of any bodily member, organ, 
                or mental faculty; and
            ``(2) the term `serious bodily injury' has the meaning 
        given that term in section 1365 of this title.''.
    (e) Assaults in Indian Country.--Section 1153(a) of title 18, 
United States Code, is amended by inserting ``(as defined in section 
1365 of this title), an assault against an individual who has not 
attained the age of 18 years'' after ``serious bodily injury''.

SEC. 132. OFFENSE OF INDUCING MINORS OR OTHER PERSONS TO USE STEROIDS.

    Section 404 of the Controlled Substances Act (21 U.S.C. 844) is 
amended by inserting after subsection (a) the following new subsection:
    ``(b)(1) Whoever, being a physical trainer or adviser to a person, 
attempts to persuade or induce the person to possess or use anabolic 
steroids in violation of subsection (a), shall be fined under title 18, 
United States Code, imprisoned not more than 2 years (or if the person 
attempted to be persuaded or induced was less than 18 years of age at 
the time of the offense, 5 years), or both.
    ``(2) As used in this subsection, the term `physical trainer or 
adviser' means a professional or amateur coach, manager, trainer, 
instructor, or other such person who provides athletic or physical 
instruction, training, advice, assistance, or any other such service to 
any person.''.

SEC. 133. INCREASED PENALTIES FOR DRUG DISTRIBUTION TO PREGNANT WOMEN.

    The United States Sentencing Commission shall amend the sentencing 
guidelines to increase by at least 4 levels the base offense level for 
an offense under section 2241 (relating to aggravated sexual abuse) or 
section 2242 (relating to sexual abuse) of title 18, United States 
Code, and shall consider whether any other changes are warranted in the 
guidelines provisions applicable to such offenses to ensure realization 
of the objectives of 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. 134. INTERSTATE ENFORCEMENT OF CHILD SUPPORT ORDERS.

    (a) Title 28 Amendment.--Chapter 115 of title 28, United States 
Code, is amended by inserting after section 1738A the following new 
section:
``Sec. 1738B. Full faith and credit given to child support orders
    ``(a) General Rule.--The appropriate authorities of each State 
shall enforce according to its terms, and shall not modify except as 
provided in subsection (e), any child support order made consistently 
with the provisions of this section by a court of another State.
    ``(b) Definitions.--As used in this section, the term--
            ``(1) `child' means any person under 18 years of age, and 
        includes an individual 18 or more years of age for whom a child 
        support order has been issued pursuant to the laws of a State;
            ``(2) `child's State' means the State in which a child 
        currently resides;
            ``(3) `child support order' means a judgment, decree, or 
        order of a court requiring the payment of money, or the 
        provision of a benefit, including health insurance and life 
        insurance, whether in periodic amounts or lump sum, for the 
        support of a child and includes permanent and temporary orders, 
        initial orders and modifications, ongoing support, and 
        arrearages;
            ``(4) `child support' means a payment of money or provision 
        of a benefit described in paragraph (3) for the support of a 
        child;
            ``(5) `contestant' means a person, including a parent, who 
        claims a right to receive child support or against whom a right 
        to receive child support is claimed or asserted, and includes 
        States and political subdivisions to whom the right to obtain a 
        child support order has been assigned;
            ``(6) `court' means a court, administrative process, or 
        quasi-judicial process of a State which is authorized by State 
        law to establish the amount of child support payable by a 
        contestant or modify the amount of child support payable by a 
        contestant;
            ``(7) `modification' and `modify' refer to a change in a 
        child support order which affects the amount, scope, or 
        duration of such order and modifies, replaces, supersedes, or 
        otherwise is made subsequent to such child support order, 
        whether or not made by the same court as such child support 
        order; and
            ``(8) `State' means a State of the United States, the 
        District of Columbia, the Commonwealth of Puerto Rico, the 
        territories and possessions of the United States, and Indian 
        country as defined in section 1151 of title 18.
    ``(c) Requirements of Child Support Orders.--A child support order 
made by a court of a State is consistent with the provisions of this 
section only if--
            ``(1) such court, pursuant to the laws of the State in 
        which such court is located, had jurisdiction to hear the 
        matter and enter such an order and had personal jurisdiction 
        over the contestants; and
            ``(2) reasonable notice and opportunity to be heard was 
        given to the contestants.
    ``(d) Continuing Jurisdiction.--A court of a State which has made a 
child support order consistently with the provisions of this section 
has continuing, exclusive jurisdiction of that order when such State is 
the child's State or the residence of any contestant unless another 
State, acting in accordance with subsection (e), has modified that 
order.
    ``(e) Authority To Modify Orders.--A court of a State may modify a 
child support order with respect to a child that is made by a court of 
another State, if--
            ``(1) it has jurisdiction to make such a child support 
        order; and
            ``(2) the court of the other State no longer has 
        continuing, exclusive jurisdiction of the child support order 
        because such State no longer is the child's State or the 
        residence of any contestant, or each contestant has filed 
        written consent for the State to modify the order and assume 
        continuing, exclusive jurisdiction of such order.
    ``(f) Enforcement of Prior Orders.--A court of a State which no 
longer has continuing, exclusive jurisdiction of a child support order 
may enforce such order with respect to unsatisfied obligations which 
accrued before the date on which a modification of such order is made 
under subsection (e).''.
    (b) Conforming Amendment.--The table of sections at the beginning 
of chapter 115 of title 28, United States Code, is amended by inserting 
after the item relating to section 1738A the following:

``1738B. Full faith and credit given to child support orders.''.

SEC. 135. INCLUSION IN CONSUMER CREDIT REPORTS OF INFORMATION ON 
              OVERDUE CHILD SUPPORT OBLIGATIONS OF THE CONSUMER.

    (a) Provision to Consumer Reporting Agencies of Information on 
Overdue Child Support Obligations of Absent Parents.--Section 466(a)(7) 
of the Social Security Act (42 U.S.C. 666(a)(7)) is amended--
            (1) by striking ``will'' and inserting ``shall'';
            (2) by striking ``upon the request of such agency'';
            (3) by striking ``, and (C)'' and all that follows through 
        ``State''; and
            (4) by striking ``minor'' from 466(e) and deleting ``at the 
        option'' and all that follows through the word ``section.''
    (b) Effective Date.--The amendments made by this section shall take 
effect on the 1st day of the 1st calendar quarter that begins on or 
after the date of the enactment of this Act.

SEC. 136. CRIMES INVOLVING THE USE OF MINORS AS RICO PREDICATES.

    Paragraph (1) of section 1961 of title 18, United States Code, is 
amended--
            (1) by striking ``or'' before ``(E)''; and
            (2) by inserting before the semicolon at the end of the 
        paragraph the following: ``, or (F) any offense against the 
        United States that is punishable by imprisonment for more than 
        1 year and that involved the use of a person below the age of 
        18 years in the commission of the offense''.

SEC. 137. INCREASED PENALTIES FOR USING MINORS IN DRUG TRAFFICKING AND 
              DRUG DISTRIBUTION TO MINORS.

    (a) Drug Distribution to Minor by Recidivist.--Section 418(b) of 
the Controlled Substances Act (21 U.S.C. 859(b)) is amended by striking 
``one year'' and inserting ``3 years''.
    (b) Use of Minor in Trafficking by Recidivist.--Section 420(c) of 
the Controlled Substances Act (21 U.S.C. 861(b)) is amended by striking 
``one year'' and inserting ``3 years''.
    (c) Concurrent Violation of Prohibition of Use of Minors and 
Trafficking Near Schools.--Section 419(b) of the Controlled Substances 
Act (21 U.S.C. 860(b)) is amended by inserting ``, or under 
circumstances involving a violation of section 420(a),'' before ``is 
punishable''.

SEC. 138. INCREASED PENALTIES FOR USING A MINOR IN COMMISSION OF A 
              FEDERAL OFFENSE.

    (a) In General.--Chapter 1 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 21. Use of children in Federal offenses
    ``(a) Except as otherwise provided by law, whoever, being at least 
18 years of age, uses a child to commit a Federal offense, or to assist 
in avoiding detection or apprehension for a Federal offense, shall--
            ``(1) after a previous conviction under this subsection has 
        become final, be subject to 3 times the maximum imprisonment 
        and 3 times the maximum fine otherwise provided for the Federal 
        offense in which the child is used; and
            ``(2) in any other case, be subject to 2 times the maximum 
        imprisonment and 2 times the maximum fine for such offense.
    ``(b) As used in this section--
            ``(1) the term `child' means a person who is under 18 years 
        of age; and
            ``(2) the term `uses' means employs, hires, uses, 
        persuades, induces, entices, or coerces.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 1 of title 18, United States Code, is amended by adding at the 
end the following new item:

``21. Use of children in Federal offenses.''.

SEC. 139. INTERNATIONAL PARENTAL KIDNAPPING.

    (a) In General.--Chapter 55 (relating to kidnapping) of title 18, 
United States Code, is amended by adding at the end the following:
``Sec. 1204. International parental kidnapping
    ``(a) Whoever--
            ``(1) removes a child from the United States or retains a 
        child (who has been in the United States) outside the United 
        States--
                    ``(A) in order to obstruct the lawful exercise of 
                parental rights that are established in a court order;
                    ``(B) in order to obstruct the lawful exercise of 
                parental rights by the mother of that child, in the 
                case of a child--
                            ``(i) whose parents have not been married;
                            ``(ii) with regard to whom paternity has 
                        not been judicially established; and
                            ``(iii) whose custody has not been 
                        judicially granted to a person other than the 
                        mother; or
                    ``(C) in order to obstruct the lawful exercise of 
                parental rights during the pendency of judicial 
                proceedings to determine parental rights; or
            ``(2) in any other circumstances removes a child from the 
        United States or retains a child (who has been in the United 
        States) outside the United States, in order to obstruct the 
        lawful exercise of parental rights;
shall be fined under this title or imprisoned not more than 3 years, or 
both.
    ``(b) As used in this section--
            ``(1) the term `child' means a person who has not attained 
        the age of 18 years; and
            ``(2) the term `parental rights', with respect to a child, 
        means the right to physical custody of the child--
                    ``(A) whether joint or sole (and includes visiting 
                rights); and
                    ``(B) whether arising by operation of law, court 
                order, or agreement of the parties.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 55 of title 18, United States Code, is amended by adding at the 
end the following:

``1204. International parental kidnapping.''.

SEC. 140. STATE COURT PROGRAMS REGARDING INTERNATIONAL PARENTAL CHILD 
              ABDUCTION.

    There is authorized to be appropriated $250,000 to carry out under 
the State Justice Institute Act of 1984 (42 U.S.C. 10701-10713) 
national, regional, and in-State training and educational programs 
dealing with criminal and civil aspects of interstate and international 
parental child abduction.

          Subtitle D--Punishment of Serious Juvenile Offenders

SEC. 151. SERIOUS JUVENILE DRUG OFFENSES AS ARMED CAREER CRIMINAL ACT 
              PREDICATES.

    Section 924(e)(2)(A) of title 18, United States Code, is amended--
            (1) by striking ``or'' at the end of clause (i);
            (2) by adding ``or'' at the end of clause (ii); and
            (3) by adding at the end the following:
                            ``(iii) any act of juvenile delinquency 
                        that if committed by an adult would be a 
                        serious drug offense described in this 
                        paragraph;''.

SEC. 152. 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. 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 
no earlier than two years following the original conviction, or when he 
or she reaches the age of 18, whichever is later. 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.''.

SEC. 153. AMENDMENTS CONCERNING RECORDS OF CRIMES COMMITTED BY 
              JUVENILES.

    (a) In General.--Section 5038 of title 18, United States Code, is 
amended by striking subsections (d) and (f), redesignating subsection 
(e) as subsection (d), and by adding at the end new subsections (e) and 
(f) as follows:
    ``(e) Whenever a juvenile has been found guilty of committing an 
act which if committed by an adult would be an offense described in 
clause (3) of the first paragraph of section 5032 of this title, the 
juvenile shall be fingerprinted and photographed, and the fingerprints 
and photograph shall be sent to the Federal Bureau of Investigation, 
Identification Division. The court shall also transmit to the Federal 
Bureau of Investigation, Identification Division, the information 
concerning the adjudication, including name, date of adjudication, 
court, offenses, and sentence, along with the notation that the matter 
was a juvenile adjudication. The fingerprints, photograph, and other 
records and information relating to a juvenile described in this 
subsection, or to a juvenile who is prosecuted as an adult, shall be 
made available in the manner applicable to adult defendants.
    ``(f) In addition to any other authorization under this section for 
the reporting, retention, disclosure, or availability of records or 
information, if the law of the State in which a Federal juvenile 
delinquency proceeding takes place permits or requires the reporting, 
retention, disclosure, or availability of records or information 
relating to a juvenile or to a juvenile delinquency proceeding or 
adjudication in certain circumstances, then such reporting, retention, 
disclosure, or availability is permitted under this section whenever 
the same circumstances exist.''.
    (b) Repeal.--Section 3607 of title 18, United States Code, is 
repealed, and the corresponding item in the chapter analysis for 
chapter 229 of title 18 is deleted.
    (c) Conforming Amendment.--Section 401(b)(4) of the Controlled 
Substances Act (21 U.S.C. 841(b)(4)) is amended by striking ``and 
section 3607 of title 18''.

               TITLE II--STATE PRISON CONSTRUCTION GRANTS

SEC. 201. GRANTS.

    The Attorney General is authorized to provide grants to States to 
build, expand, or operate space in correctional facilities in order to 
increase the prison bed capacity in such facilities.

SEC. 202. FEDERAL FUNDS.

    (a) Distribution of Funds in Fiscal Year 1995.--Of the total amount 
of funds appropriated under this title in fiscal year 1995, there shall 
be allocated to each State an amount which bears the same ratio to the 
amount of funds appropriated pursuant to this title as the number of 
part I violent crimes reported by the States to the Federal Bureau of 
Investigation for 1993 bears to the number of part I violent crimes 
reported by all States to the Federal Bureau of Investigation for 1993.
    (b) Distribution of Funds in Fiscal Years 1996 Through 1999.--
Seventy-five percent of the total amount of funds appropriated under 
this title in fiscal years 1996, 1997, 1998, and 1999 shall be 
allocated to each State according to the formula established in 
subsection (a) adjusted to reflect in each year the most recent data 
from the Federal Bureau of Investigation reporting Part I violent 
crimes.
    (c) Incentive Fund.--Twenty-five percent of the total amount of 
funds appropriated under this title in each of the fiscal years 1996, 
1997, 1998, and 1999 shall be allocated to States which make changes to 
State laws and regulations which include--
            (1) truth in sentencing laws which will require persons 
        convicted of violent crimes to serve not less than 85 percent 
        of the sentence imposed;
            (2) mandatory prison sentences for persons convicted of the 
        most serious violent crimes;
            (3) pretrial detention for persons whose release it can be 
        shown would pose a danger to any other person or the community;
            (4) sentencing authority to allow the defendant's victims 
        or the family of victims the opportunity to be heard regarding 
        the issue of sentencing and provide that the victim or the 
        victim's family will be notified whenever such defendant is to 
        be released;
            (5) that a person who is convicted of a serious violent 
        felony shall be--
                    (A) sentenced to life imprisonment or death if the 
                person has been convicted on one or more prior 
                occasions in a court of the United States or of a State 
                of a serious violent felony, or one or more serious 
                drug offenses;
                    (B) sentenced to life imprisonment or death if each 
                serious violent felony or serious drug offense used as 
                a basis for sentencing under this subsection, other 
                than the first, was committed after the defendant's 
                conviction of the preceding serious violent felony or 
                serious drug offense;
                    (C) subject to the death penalty if a death of a 
                person results from the commission of a serious violent 
                felony or serious drug offense.
            (6) the authorization for the use of corporal punishment 
        for persons convicted of serious misdemeanors at the discretion 
        of the sentencing authority, and for State prisoners who have 
        committed serious infractions of prison policy or rules, as 
        determined by the prison warden;
            (7) a requirement that a member of a gang who knowingly 
        conspires with other gang members to commit a violent crime or 
        serious drug offense is punishable to the same extent as a gang 
        member who commits and is found guilty of committing a violent 
        crime or drug offense;
            (8) a requirement that the responsible prison correctional 
        officer in each State develops and implements a plan to provide 
        3 levels of prisoner housing, amenities, and privileges as 
        incentive awards related to the degree of prison-related work 
        in which each inmate voluntarily participates and provides only 
        minimal cell accommodations and no amenities or privileges for 
        ablebodied inmates who decline to perform any prison work; and
            (9) the requirement that a juvenile who was 13 years old or 
        older on the date of the commission of an violent felony is 
        prosecuted as an adult.
For purposes of paragraph 6, the term ``corporal punishment'' means 
physical punishment administered in a form and fashion to be determined 
and ordered by a court which causes pain, but not permanent physical 
injury.

SEC. 203. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--For purposes of this title, there are authorized 
to be appropriated--
            (1) $2,500,000,000 for fiscal year 1995;
            (2) $2,000,000,000 for fiscal year 1996;
            (3) $2,000,000,000 for fiscal year 1997;
            (4) $2,000,000,000 for fiscal year 1998; and
            (5) $2,000,000,000 for fiscal year 1999.
    (b) Limitations on Funds.--
            (1) Nonsupplanting requirement.--Funds made available under 
        this section shall not be used to supplant State funds, but 
        shall be used to increase the amount of funds that would, in 
        the absence of Federal funds, be made available from State 
        sources.
            (2) Administrative costs.--Not more than 3 percent of the 
        funds available under this section may be used for 
        administrative costs.
            (3) Matching funds.--The portion of the costs of a program 
        provided by a grant under this section may not exceed 90 
        percent of the total costs of the program as described in the 
        application.
            (4) Carry over of appropriations.--Any funds appropriated 
        but not expended as provided by this section during any fiscal 
        year shall be carried over and will be made available until 
        expended.

SEC. 204. DEFINITIONS.

    For purposes of this title--
            (1) the term ``violent felony'' means--
                    (A) a felony offense that has as an element the 
                use, attempted use, or threatened use of physical force 
                against the person of another, or
                    (B) any other offense that is a felony and that, by 
                its nature, involves substantial risk that physical 
                force against the person of another may be used in the 
                course of committing the offense.;
            (2) the term ``serious drug offender'' has the same meaning 
        as that is used in section 924(e)(2)(A) of title 18, United 
        States Code;
            (3) the term ``State'' means any of the United States and 
        the District of Columbia;
            (4) the term ``convicted'' means convicted and sentenced to 
        a term in a State corrections institution or a period of formal 
        probation; and
            (5) the term ``Part I violent crimes'' means murder, rape, 
        robbery, and aggravated assault as those offenses are reported 
        to the Federal Bureau of Investigation for purposes of the 
        Uniform Crime Reports.

       TITLE III--ELIMINATION OF DELAYS IN CARRYING OUT SENTENCES

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

SEC. 301. 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 United States 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. 302. 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. 303. CONFORMING AMENDMENT TO THE RULES OF APPELLATE PROCEDURE.

    Federal Rule of Appellate Procedure 22 is amended to read as 
follows:

                               ``RULE 22

              ``habeas corpus and section 2255 proceedings

    ``(a) Application for an Original Writ of 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.''.

SEC. 304. DISCRETION TO DENY HABEAS CORPUS APPLICATION DESPITE FAILURE 
              TO EXHAUST STATE REMEDIES.

    Section 2254(b) of title 28, United State Code, is amended to read 
as follows:
    ``(b) An application for a writ of habeas corpus in behalf of a 
person in custody pursuant to the judgment of a State court shall not 
be granted unless it appears that the applicant has exhausted the 
remedies available in the courts of the State, or that there is either 
an 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. 305. 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 one-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 United States 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. 311. DEATH PENALTY LITIGATION PROCEDURES.

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

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

``Sec.
``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 in writing.
    ``(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 or counsel, 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 writ of 
        certiorari has expired and no petition has been filed; (B) a 
        timely petition for writ of certiorari was filed and the United 
        States Supreme Court denied the petition; or (C) a timely 
        petition for writ of certiorari was filed and upon 
        consideration of the case, the United States 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 in writing 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 writ of certiorari 
        is filed in the United States Supreme Court until the date of 
        final disposition of the petition if a State prisoner files the 
        petition to secure review by the United States 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 writ of 
        certiorari before the United States 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 in writing.
    ``(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. 321. FUNDING FOR DEATH PENALTY PROSECUTIONS.

    Part E of title I of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the 
following new section:
    ``Sec. 515. Notwithstanding any other provision of this subpart, 
the Director shall provide grants to the States, from the funding 
allocated pursuant to section 511, for the purpose of supporting 
litigation pertaining to Federal habeas corpus petitions in capital 
cases. The total funding available for such grants within any fiscal 
year shall be equal to the funding provided to capital resource 
centers, pursuant to Federal appropriation, in the same fiscal year.''.

                   TITLE IV--TWO STRIKES, YOU'RE OUT

SEC. 401. LIFE IMPRISONMENT OR DEATH PENALTY FOR SECOND 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 one or more 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 five years; 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 V--TAKING PRISONERS OFF THE STREETS

                 Subtitle A--Expanding Prison Capacity

SEC. 501. NON-APPLICABILITY OF DAVIS-BACON TO PRISON CONSTRUCTION.

    (a) Federal Prison Construction.--Section 1 of the Davis-Bacon Act 
of March 3, 1991 (46 Stat. 1494, as amended, 40 U.S.C. 276a) is amended 
by adding at the end the following new subsection:
    ``(c) The requirements of this section shall not apply to contracts 
for construction, alteration, and/or repair of institutions used to 
incarcerate persons held under authority of any enactment of 
Congress.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
become effective on the date of enactment of this Act.

             Subtitle B--Restriction on Court Jurisdiction

SEC. 502. RESTRICTED FEDERAL COURT JURISDICTION IN IMPOSING REMEDIES ON 
              STATE AND FEDERAL PRISON SYSTEMS.

    (a) In General.--Title 28, United States Code is amended by 
inserting after chapter 176 the following new chapter:

      ``CHAPTER 177--ACTIONS CHALLENGING CONDITIONS OF CONFINEMENT

``Sec.
``3401. Limitations on remedies.
``3402. Consent decrees.
``3403. Modification of orders or decrees.
``Sec. 3401. Limitations on remedies
    ``(a)(1) If the district court, in any action challenging the 
constitutionality of conditions of confinement in any prison, jail, 
detention facility, or other correctional institution housing persons 
accused or convicted of a crime or juveniles adjudicated delinquent, 
finds that one or more conditions of confinement are in violation of 
the United States Constitution, the court shall narrowly tailor any 
relief to fit the nature and extent of the violations and shall make 
the order no more intrusive than absolutely necessary to ensure that 
the violations are remedied. The court shall have no jurisdiction--
            ``(A) to impose a ceiling on the population of any 
        institution or to require any adjustment of the release dates 
        of inmates; or
            ``(B) to prohibit the use of tents or prefabricated 
        structures for housing inmates.
``Sec. 3402. Consent decrees
    ``(a) No consent decree in any action challenging the 
constitutionality of conditions of confinement in any prison, jail, 
detention facility, or other correctional institution housing persons 
accused or convicted of a crime or juveniles adjudicated delinquent 
shall provide relief greater than the minimum required to bring the 
conditions of confinement into substantial compliance with the United 
States Constitution.
    ``(b) In entering a consent decree, the court shall make a written 
finding that the relief provided in the decree is no greater than the 
minimum required to bring the conditions of confinement into 
substantial compliance with the United States Constitution. If it 
appears to the court that the relief provided in the decree is greater 
than the minimum required, the court may recommend changes in the 
decree.
``Sec. 3403. Modification of orders or decrees
    ``(a)(1) Upon motion of a defendant at any time, the court may 
conduct a hearing on whether an order or decree described in section 
3401 or 3402 of this title should be modified in light of--
            ``(A) changed factual circumstances affecting the operation 
        of the order or decree, whether or not foreseeable;
            ``(B) a change or clarification of the governing law, 
        whether or not foreseeable;
            ``(C) a succession in office of an official responsible for 
        having consented to a decree;
            ``(D) the government's financial constraints or any other 
        matter affecting public safety or the public interest; or
            ``(E) any ground provided in Rule 60(b) of the Federal 
        Rules of Civil Procedure.
    ``(2) The court shall conduct such a hearing if the motion was 
filed more than one year after the date of the order or decree or the 
date on which the last previous modification hearing was conducted, 
whichever is later.
    ``(b) If the court denies a motion to modify an order or consent 
decree under subsection (a) of this section, the court shall make a 
written finding that the relief provided in the order or decree, as of 
the date of decision, is no greater than the minimum required to bring 
the conditions of confinement into substantial compliance with the 
United States Constitution.''.
    (b) Clerical Amendment.--The table of chapters at the beginning of 
part VI of title 28, United States Code, is amended by inserting after 
the item relating to chapter 176 the following:

``177. Actions Challenging Conditions of Confinement........    3401''.

              Subtitle C--Limitation of Prisoners' Rights

SEC. 511. EXHAUSTION REQUIREMENT.

    Section 8(a) of the Civil Rights of Institutionalized Persons Act 
(42 U.S.C. 1997e) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``in any action brought'' and 
                inserting ``no action shall be brought'';
                    (B) by striking ``the court shall'' and all that 
                follows through ``require exhaustion of'' and insert 
                ``until''; and
                    (C) by inserting ``are exhausted'' after 
                ``available''; and
            (2) in paragraph (2), by inserting ``or are otherwise fair 
        and effective'' before the period at the end.

SEC. 512. FRIVOLOUS ACTIONS.

    Section 8(a) of the Civil Rights of Institutionalized Persons Act 
(42 U.S.C. 1997e(a)) is amended by adding at the end the following:
            ``(3) The court shall on its own motion or on motion of a 
        party dismiss any action brought pursuant to section 1979 of 
        the Revised Statutes of the United States by an adult convicted 
        of a crime and confined in any jail, prison, or other 
        correctional facility if the court is satisfied that the action 
        fails to state a claim upon which relief can be granted or is 
        frivolous or malicious.

SEC. 513. MODIFICATION OF REQUIRED MINIMUM STANDARDS.

    Section 8(b)(2) of the Civil Rights of Institutionalized Persons 
Act (42 U.S.C. 1997e(b)(2)) is amended by striking subparagraph (A) and 
redesignating subparagraphs (B) through (E) as subparagraphs (A) 
through (D), respectively.

SEC. 514. REVIEW AND CERTIFICATION PROCEDURE CHANGES.

    Section 8(c) of the Civil Rights of Institutionalized Persons Act 
(42 U.S.C. 1997e(c)) is amended--
            (1) in paragraph (1), by inserting ``or are otherwise fair 
        and effective'' before the period at the end; and
            (2) in paragraph (2), by inserting ``or is no longer fair 
        and effective'' before the period at the end.

SEC. 515. PROCEEDINGS IN FORMA PAUPERIS.

    (a) Dismissal.--Section 1915(d) of title 28, United States Code, is 
amended--
            (1) by inserting ``at any time'' after ``counsel and may''; 
        and
            (2) by striking ``and may'' and inserting ``and shall'';
            (3) by inserting ``fails to state a claim upon which relief 
        may be granted or'' after ``that the action''; and
            (4) by inserting ``even if partial failing fees have been 
        imposed by the court'' before the period.
    (b) Prisoner's Statement of Assets.--Section 1915 of title 28, 
United States Code, is amended by adding at the end the following:
    ``(f) If a prisoner in a correctional institution files an 
affidavit in accordance with subsection (a) of this section, such 
prisoner shall include in that affidavit a statement of all assets such 
prisoner possesses. The court shall make inquiry of the correctional 
institution in which the prisoner is incarcerated for information 
available to that institution relating to the extent of the prisoner's 
assets. The court shall require full or partial payment of filing fees 
according to the prisoner's ability to pay.''.

                     Subtitle D--Prison Governance

SEC. 521. CORPORAL PUNISHMENT.

    (a) In General.--Chapter 301 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 4014. Corporal punishment
    ``(a) In accordance with rules prescribed by the Attorney General, 
corporal punishment is authorized for the discipline of Federal 
prisoners convicted of crime who commit serious infractions of prison 
policy or rules regarding inmate behavior.
    ``(b) As used in this section, the term `corporal punishment' means 
punishment that causes physical pain, but not permanent physical 
injury.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 301 of title 18, United States Code, is amended by adding at 
the end the following new item:

``4014. Corporal punishment.''.

SEC. 522. INCENTIVE FOR WORK.

    (a) In General.--Chapter 303 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 4047. Work incentive
    ``The Director of the Bureau of Prisons shall develop and implement 
a Federal prison housing plan that provides 3 levels of prisoner 
housing quality, amenities, and privileges, as incentive awards 
directly related to the degree of prison-related work in which each 
inmate voluntarily participates. Minimal cell accomodations and no 
amenities or privileges shall be provided to inmates who decline to 
perform any work where work is available.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 303 of title 18, United States Code, is amended by adding at 
the end the following new item:

``4047. Work incentive.''.

                        TITLE VI--VICTIMS RIGHTS

                         Subtitle A--Generally

SEC. 601. NOTIFICATION ON RELEASE OF PRISONERS.

    Section 3624 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(g) Notice to Interested Parties.--Not later than 30 days before 
the release of a prisoner under this section, the Bureau of Prisons 
shall provide notice of the fact to--
            ``(1) the judge, any members of the jury, the attorneys, 
        the victims, and the victims family members, in the case in 
        which the prisoner was convicted;
            ``(2) the local authorities in the place of conviction.''.

SEC. 602. AMENDMENT OF RESTITUTION PROVISIONS.

    (a) Order of Restitution.--Section 3663 of title 18, United States 
Code, is amended--
            (1) in subsection (a) by--
                    (A) striking ``may order'' and inserting ``shall 
                order''; and
                    (B) adding at the end the following:
    ``(5) In addition to ordering restitution of the victim of the 
offense of which a defendant is convicted, a court may order 
restitution of any person who, as shown by a preponderance of evidence, 
was harmed physically, emotionally, or pecuniarily, by unlawful conduct 
of the defendant during--
            ``(A) the criminal episode during which the offense 
        occurred; or
            ``(B) the course of a scheme, conspiracy, or pattern of 
        unlawful activity related to the offense.'';
            (2) in subsection (b)(1)(B) by striking ``impractical'' and 
        inserting ``impracticable'';
            (3) in subsection (b)(2) by inserting ``emotional or'' 
        after ``resulting in'';
            (4) in subsection (c) by striking ``If the Court decides to 
        order restitution under this section, the'' and inserting 
        ``The'';
            (5) by striking subsections (d), (e), (f), (g), and (h); 
        and
            (6) by adding at the end the following:
    ``(d)(1) The court shall order restitution to a victim in the full 
amount of the victim's losses as determined by the court and without 
consideration of--
            ``(A) the economic circumstances of the offender; or
            ``(B) the fact that a victim has received or is entitled to 
        receive compensation with respect to a loss from insurance or 
        any other source.
    ``(2) Upon determination of the amount of restitution owed to each 
victim, the court shall specify in the restitution order the manner in 
which and the schedule according to which the restitution is to be 
paid, in consideration of--
            ``(A) the financial resources and other assets of the 
        offender, including any wages that will be earned as a prisoner 
        in the performance of work while incarcerated;
            ``(B) projected earnings and other income of the offender; 
        and
            ``(C) any financial obligations of the offender, including 
        obligations to dependents.
    ``(3) A restoration order may direct the offender to make a single, 
lump-sum payment, partial payment at specified intervals, or such in-
kind payments as may be agreeable to the victim and the offender.
    ``(4) An in-kind payment described in paragraph (3) may be in the 
form of--
            ``(A) return of property;
            ``(B) replacement of property; or
            ``(C) services rendered to the victim or to a person or 
        organization other than the victim.
    ``(e) When the court finds that more than 1 offender has 
contributed to the loss of a victim, the court may make each offender 
liable for payment of the full amount of restitution or may apportion 
liability among the offenders to reflect the level of contribution and 
economic circumstances of each offender.
    ``(f) When the court finds that more than 1 victim has sustained a 
loss requiring restitution by an offender, the court shall order full 
restitution of each victim but may provide for different payment 
schedules to reflect the economic circumstances of each victim.
    ``(g)(1) If the victim has received or is entitled to receive 
compensation with respect to a loss from insurance or any other source, 
the court shall order that restitution be paid to the person who 
provided or is obligated to provide the compensation, but the 
restitution order shall provide that all restitution of victims 
required by the order be paid to the victims before any restitution is 
paid to such a provider of compensation.
    ``(2) The issuance of a restitution order shall not affect the 
entitlement of a victim to receive compensation with respect to a loss 
from insurance or any other source until the payments actually received 
by the victim under the restitution order fully compensate the victim 
for the loss, at which time a person that has provided compensation to 
the victim shall be entitled to receive any payments remaining to be 
paid under the restitution order.
    ``(3) Any amount paid to a victim under an order of restitution 
shall be set off against any amount later recovered as compensatory 
damages by the victim in--
            ``(A) any Federal civil proceeding; and
            ``(B) any State civil proceeding, to the extent provided by 
        the law of the State.
    ``(h) A restitution order shall provide that--
            ``(1) all fines, penalties, costs, restitution payments and 
        other forms of transfers of money or property made pursuant to 
        the sentence of the court shall be made by the offender to the 
        clerk of the court for accounting and payment by the clerk in 
        accordance with this subsection;
            ``(2) the clerk of the court shall--
                    ``(A) log all transfers in a manner that tracks the 
                offender's obligations and the current status in 
                meeting those obligations, unless, after efforts have 
                been made to enforce the restitution order and it 
                appears that compliance cannot be obtained, the court 
                determines that continued recordkeeping under this 
                subparagraph would not be useful;
                    ``(B) notify the court and the interested parties 
                when an offender is 90 days in arrears in meeting those 
                obligations; and
                    ``(C) disburse money received from an offender so 
                that each of the following obligations is paid in full 
                in the following sequence:
                            ``(i) a penalty assessment under section 
                        3013 of title 18, United States Code;
                            ``(ii) restitution of all victims; and
                            ``(iii) all other fines, penalties, costs, 
                        and other payments required under the sentence; 
                        and
            ``(3) the offender shall advise the clerk of the court of 
        any change in the offender's address during the term of the 
        restitution order.
    ``(i) A restitution order shall constitute a lien against all 
property of the offender and may be recorded in any Federal or State 
office for the recording of liens against real or personal property.
    ``(j) Compliance with the schedule of payment and other terms of a 
restitution order shall be a condition of any probation, parole, or 
other form of release of an offender. If a defendant fails to comply 
with a restitution order, the court may revoke probation or a term of 
supervised release, modify the term or conditions of probation or a 
term of supervised release, hold the defendant in contempt of court, 
enter a restraining order or injunction, order the sale of property of 
the defendant, accept a performance bond, or take any other action 
necessary to obtain compliance with the restitution order. In 
determining what action to take, the court shall consider the 
defendant's employment status, earning ability, financial resources, 
the willfulness in failing to comply with the restitution order, and 
any other circumstances that may have a bearing on the defendant's 
ability to comply with the restitution order.
    ``(k) An order of restitution may be enforced--
            ``(1) by the United States--
                    ``(A) in the manner provided for the collection and 
                payment of fines in subchapter (B) of chapter 229 of 
                this title; or
                    ``(B) in the same manner as a judgment in a civil 
                action; and
            ``(2) by a victim named in the order to receive the 
        restitution, in the same manner as a judgment in a civil 
        action.
    ``(l) A victim or the offender may petition the court at any time 
to modify a restitution order as appropriate in view of a change in the 
economic circumstances of the offender.''.
    (b) Procedure for Issuing Order of Restitution.--Section 3664 of 
title 18, United States Code, is amended--
            (1) by striking subsection (a);
            (2) by redesignating subsections (b), (c), (d), and (e) as 
        subsections (a), (b), (c), and (d);
            (3) by amending subsection (a), as so redesignated by 
        paragraph (2), to read as follows:
    ``(a) The court may order the probation service of the court to 
obtain information pertaining to the amount of loss sustained by any 
victim as a result of the offense, the financial resources of the 
defendant, the financial needs and earning ability of the defendant and 
the defendant's dependents, and such other factors as the court deems 
appropriate. The probation service of the court shall include the 
information collected in the report of presentence investigation or in 
a separate report, as the court directs.''; and
            (4) by adding at the end thereof the following new 
        subsection:
    ``(e) The court may refer any issue arising in connection with a 
proposed order of restitution to a magistrate or special master for 
proposed findings of fact and recommendations as to disposition, 
subject to a de novo determination of the issue by the court.''.

SEC. 603. RIGHT OF THE VICTIM TO AN IMPARTIAL JURY.

    Rule 24(b) of the Federal Rules of Criminal Procedure is amended by 
striking ``the Government is entitled to 6 peremptory challenges and 
the defendant or defendants jointly to 10 peremptory challenges'' and 
inserting ``each side is entitled to 6 peremptory challenges''.

SEC. 604. VICTIM'S RIGHT OF ALLOCUTION IN SENTENCING.

    Rule 32 of the Federal Rules of Criminal Procedure is amended--
            (1) by striking ``and'' at the end of subdivision 
        (a)(1)(B);
            (2) by striking the period at the end of subdivision 
        (a)(1)(C) and inserting ``; and'';
            (3) by inserting after subdivision (a)(1)(C) the following: 
        ``(D) if sentence is to be imposed for a crime of violence or 
        sexual abuse, address the victim personally if the victim is 
        present at the sentencing hearing and determine if the victim 
        wishes to make a statement and to present any information in 
        relation to the sentence.'';
            (4) in the penultimate sentence of subdivision (a)(1) by 
        striking ``equivalent opportunity'' and inserting ``opportunity 
        equivalent to that of the defendant's counsel'';
            (5) in the last sentence of subdivision (a)(1) by inserting 
        ``the victim,'' before ``, or the attorney for the 
        Government.''; and
            (6) by adding at the end the following new subdivision:
    ``(f) Definitions.--For purposes of this rule--
            ``(1) `crime of violence or sexual abuse' means a crime 
        that involved the use or attempted or threatened use of 
        physical force against the person or property of another, or a 
        crime under chapter 109A of title 18, United States Code; and
            ``(2) `victim' means an individual against whom an offense 
        for which a sentence is to be imposed has been committed, but 
        the right of allocution under subdivision (a)(1)(D) may be 
        exercised instead by--
                    ``(A) a parent or legal guardian if the victim is 
                below the age of 18 years or incompetent; or
                    ``(B) one or more family members or relatives 
                designated by the court if the victim is deceased or 
                incapacitated,
        if such person or persons are present at the sentencing 
        hearing, regardless of whether the victim is present.''.

SEC. 605. PROHIBITION OF RETALIATORY KILLINGS OF WITNESSES, VICTIMS AND 
              INFORMANTS.

    Section 1513 of title 18, United States Code, is amended--
            (1) by redesignating subsections (a) and (b) as subsections 
        (b) and (c), respectively; and
            (2) by inserting a new subsection (a) as follows:
    ``(a)(1) Whoever kills or attempts to kill another person with 
intent to retaliate against any person for--
            ``(A) the attendance of a witness or party at an official 
        proceeding, or any testimony given or any record, document, or 
        other object produced by a witness in an official proceeding; 
        or
            ``(B) any information relating to the commission or 
        possible commission of a Federal offense or a violation of 
        conditions of probation, parole or release pending judicial 
        proceedings given by a person to a law enforcement officer;
shall be punished as provided in paragraph (2).
    ``(2) The punishment for an offense under this subsection is--
            ``(A) in the case of a killing, the punishment provided in 
        sections 1111 and 1112 of this title; and
            ``(B) in the case of an attempt, imprisonment for not more 
        than twenty years.''.

                 Subtitle B--Admissibility of Evidence

SEC. 611. ADMISSIBILITY OF EVIDENCE OF SIMILAR CRIMES IN SEX OFFENSE 
              CASES.

    The Federal Rules of Evidence are amended by adding after Rule 412 
the following new rules:

``Rule 413. Evidence of Similar Crimes in Sexual Assault Cases

    ``(a) Evidence Admissible.--In a criminal case in which the 
defendant is accused of an offense of sexual assault, evidence of the 
defendant's conviction of another offense or offenses of sexual assault 
is admissible, and may be considered for its bearing on any matter to 
which it is relevant.
    ``(b) Disclosure to Defendant.--In a case in which the government 
intends to offer evidence under this Rule, the attorney for the 
government shall disclose the evidence to the defendant, including 
statements of 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) Effect on Other Rules.--This Rule shall not be construed to 
limit the admission or consideration of evidence under any other Rule.
    ``(d) Definition.--For purposes of this Rule and Rule 415, `offense 
of sexual assault' means a crime under Federal law or the law of a 
State (as defined in section 513 of title 18, United States Code) that 
involved--
            ``(1) any conduct proscribed by chapter 109A of title 18, 
        United States Code;
            ``(2) contact, without consent, between any part of the 
        defendant's body or an object and the genitals or anus of 
        another person;
            ``(3) contact, without consent, between the 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 any of paragraphs (1) through (4).

``Rule 414. Evidence of Similar Crimes in Child Molestation Cases

    ``(a) Evidence Admissible.--In a criminal case in which the 
defendant is accused of an offense of child molestation, evidence of 
the defendant's conviction 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) Disclosure to Defendant.--In a case in which the government 
intends to offer evidence under this Rule, the attorney for the 
government shall disclose the evidence to the defendant, including 
statements of 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) Effect on Other Rules.--This Rule shall not be construed to 
limit the admission or consideration of evidence under any other Rule.
    ``(d) Definition.--For purposes of this Rule and Rule 415, `child' 
means a person below the age of 18 years, and `offense of child 
molestation' means a crime under Federal law or the law of a State (as 
defined in section 513 of title 18, United States Code) that 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 any of paragraphs (1) through (5).

``Rule 415. Evidence of Similar Acts in Civil Cases Concerning Sexual 
              Assault or Child Molestation

    ``(a) Evidence Admissible.--In a civil case in which a claim for 
damages or other relief is predicated on a party's alleged commission 
of conduct constituting an offense of sexual assault or child 
molestation, evidence of that party's commission of another offense or 
offenses of sexual assault or child molestation is admissible and may 
be considered as provided in Rule 413 and Rule 414 of these Rules.
    ``(b) Disclosure to Other Parties.--A party who intends to offer 
evidence under this Rule shall disclose the evidence to the party 
against whom it will be offered, 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) Effect on Other Rules.--This Rule shall not be construed to 
limit the admission or consideration of evidence under any other 
Rule.''.

SEC. 612. EXTENSION AND STRENGTHENING OF RAPE VICTIM SHIELD LAW.

    (a) Amendments to Rape Victim Shield Law.--Rule 412 of the Federal 
Rules of Evidence is amended--
            (1) in subdivisions (a) and (b), by striking ``criminal 
        case'' and inserting ``criminal or civil case'';
            (2) in subdivisions (a) and (b), by striking ``an offense 
        under chapter 109A of title 18, United States Code,'' and 
        inserting ``an offense or civil wrong involving conduct 
        proscribed by chapter 109A of title 18, United States Code, 
        whether or not the conduct occurred in the special maritime and 
        territorial jurisdiction of the United States or in a Federal 
        prison,'';
            (3) in subdivision (a), by striking ``victim of such 
        offense'' and inserting ``victim of such conduct'';
            (4) in subdivision (c)--
                    (A) by striking in paragraph (1) ``the person 
                accused of committing an offense under chapter 109A of 
                title 18, United States Code'' and inserting ``the 
                accused''; and
                    (B) by inserting at the end of paragraph (3) the 
                following: ``An order admitting evidence under this 
                paragraph shall explain the reasoning leading to the 
                finding of relevance, and the basis of the finding that 
                the probative value of the evidence outweighs the 
                danger of unfair prejudice notwithstanding the 
                potential of the evidence to humiliate and embarrass 
                the alleged victim and to result in unfair or biased 
                inferences.''; and
            (5) in subdivision (d), by striking ``an offense under 
        chapter 109A of title 18, United States Code'' and inserting 
        ``the conduct proscribed by chapter 109A of title 18, United 
        States Code,''.
    (b) Interlocutory Appeal.--Section 3731 of title 18, United States 
Code, is amended by inserting after the second paragraph the following:
    ``An appeal by the United States before trial shall lie to a court 
of appeals from an order of a district court admitting evidence of an 
alleged victim's past sexual behavior in a criminal case in which the 
defendant is charged with an offense involving conduct proscribed by 
chapter 109A of this title, whether or not the conduct occurred in the 
special maritime and territorial jurisdiction of the United States or 
in a Federal prison.''.

SEC. 613. INADMISSIBILITY OF EVIDENCE TO SHOW PROVOCATION OR INVITATION 
              BY VICTIM IN SEX OFFENSE CASES.

    The Federal Rules of Evidence are amended by adding after Rule 415 
(as added by section 611 of this Act) the following:

``Rule 416. Inadmissibility of evidence to show invitation or 
              provocation by victim in sexual abuse cases

    ``In a criminal case in which a person is accused of an offense 
involving conduct proscribed by chapter 109A of title 18, United States 
Code, whether or not the conduct occurred in the special maritime and 
territorial jurisdiction of the United States or in a Federal prison, 
evidence is not admissible to show that the alleged victim invited or 
provoked the commission of the offense. This Rule does not limit the 
admission of evidence of consent by the alleged victim if the issue of 
consent is relevant to liability and the evidence is otherwise 
admissible under these Rules.''.

       Subtitle C--Good Faith Exemption to the Exclusionary Rule

SEC. 621. ADMISSIBILITY OF CERTAIN EVIDENCE.

    (a) In General.--Chapter 223 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 3510. Admissibility of evidence obtained by search or seizure
    ``(a) Evidence Obtained by Objectively Reasonable Search or 
Seizure.--Evidence which is obtained as a result of a search or seizure 
shall not be excluded in a proceeding in a court of the United States 
on the ground that the search or seizure was in violation of the fourth 
amendment to the Constitution of the United States, if the search or 
seizure was carried out in circumstances justifying an objectively 
reasonable belief that it was in conformity with the fourth amendment. 
The fact that evidence was obtained pursuant to and within the scope of 
a warrant constitutes prima facie evidence of the existence of such 
circumstances.
    ``(b) Evidence Not Excludable by Statute or Rule.--Evidence shall 
not be excluded in a proceeding in a court of the United States on the 
ground that it was obtained in violation of a statute, an 
administrative rule or regulation, or a rule of procedure unless 
exclusion is expressly authorized by statute or by a rule prescribed by 
the Supreme Court pursuant to statutory authority.
    ``(c) Rule of Construction.--This section shall not be construed to 
require or authorize the exclusion of evidence in any proceeding.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 223 of title 18, United States Code, is amended by adding at 
the end the following:

``3510. Admissibility of evidence obtained by search or seizure.''.

                     TITLE VII--PROTECTION OF WOMEN

                 Subtitle A--Spouse Abuse and Stalking

SEC. 701. INTERSTATE TRAVEL TO COMMIT SPOUSE ABUSE OR TO VIOLATE 
              PROTECTIVE ORDER; INTERSTATE STALKING.

    (a) Offense.--Part 1 of title 18, United States Code, is amended by 
inserting after chapter 110 the following:

   ``CHAPTER 110A--DOMESTIC VIOLENCE AND OFFENSES AGAINST THE FAMILY

``Sec.
``2261. Domestic violence and stalking.
``Sec. 2261. Domestic violence and stalking
    ``(a) Offense.--Whoever, in a circumstance described in subsection 
(c), 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 one year 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) Required Circumstances.--The circumstance referred to in 
subsection (a) of this section is that 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.--As used in this section--
            ``(1) the term `protective order' means an order issued by 
        a court of a State prohibiting or limiting violence against, 
        harassment of, contact or communication with, or physical 
        proximity to another person;
            ``(2) the term `sexual abuse' means any conduct proscribed 
        by chapter 109A of this title, whether or not the conduct 
        occurs in the special maritime and territorial jurisdiction of 
        the United States or in a Federal prison;
            ``(3) the terms `serious bodily injury' and `bodily injury' 
        have the meanings, respectively, given those terms in section 
        1365(g) of this title; and
            ``(4) the term `State' has the meaning given that term in 
        section 513(c)(5) of this title.''.
    (b) Clerical Amendment.--The table of chapters at the beginning of 
Part 1 of title 18, United States Code, is amended by inserting after 
the item for chapter 110 the following:

``110A. Domestic violence and offenses against the family...    2261''.

SEC. 702. 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 701 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) As used in this section--
            ``(1) the term `protective order' means an order 
        prohibiting or limiting violence against, harassment of, 
        contact or communication with, or physical proximity to another 
        person; and
            ``(2) the term `State' has the meaning given in section 
        513(c)(5) of this title.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 110A of title 18, United States Code, as enacted by section 701 
of this Act, is amended by inserting at the end the following:

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

                 Subtitle B--Victims of Sexual Violence

SEC. 711. CIVIL REMEDY FOR VICTIMS OF SEXUAL VIOLENCE.

    (a) Cause of Action.--Whoever, in violation of the Constitution or 
laws of the United States, engages in sexual violence against another, 
shall be liable to the injured party in an action under this section. 
The relief available in such an action shall include compensatory and 
punitive damages and any appropriate equitable or declaratory relief.
    (b) Definition.--For purposes of this section, ``sexual violence'' 
means any conduct proscribed by chapter 109A of title 18, United States 
Code, whether or not the conduct occurs in the special maritime and 
territorial jurisdiction of the United States or in a Federal prison.
    (c) Attorney's Fees.--The Civil Rights Attorney's Fees Award Act of 
1976 (42 U.S.C. 1988) is amended by striking ``or'' after ``Public Law 
92-318'' and by inserting after ``1964'' the following: ``, or section 
711 of the People's Protection Crime Control Act of 1994,''.

SEC. 712. EXTENSION AND STRENGTHENING OF RESTITUTION.

    Section 3663 of title 18, United States Code, is amended--
            (1) in subsection (b), by inserting ``or an offense under 
        chapter 109A, chapter 110, or section 2261 of this title'' 
        after ``an offense resulting in bodily injury to a victim'' in 
        paragraph (2);
            (2) in subsection (b)--
                    (A) by striking ``and'' at the end of paragraph 
                (3);
                    (B) by redesignating paragraph (4) as paragraph 
                (5); and
                    (C) by inserting after paragraph (4) the following:
            ``(4) in any case, reimburse the victim for lost income and 
        necessary child care, transportation, and other expenses 
        related to participation in the investigation or prosecution of 
        the offense or attendance at proceedings related to the 
        offense; and''; and
            (3) in subsection (d), by inserting at the end the 
        following: ``However, the court shall issue an order requiring 
        restitution of the full amount of the victim's losses and 
        expenses for which restitution is authorized under this section 
        in imposing sentence for an offense under chapter 109A, chapter 
        110 or section 2261 of this title, unless the Government and 
        the victim do not request such restitution.''.

SEC. 713. PRE-TRIAL DETENTION IN SEX OFFENSE CASES.

    Section 3156(a)(4) of title 18, United States Code, is amended--
            (1) by striking ``, or'' at the end of subparagraph (A) and 
        inserting a semicolon;
            (2) by striking the period at the end of subparagraph (B) 
        and inserting ``; or''; and
            (3) by adding after subparagraph (B) the following:
            ``(C) any felony under chapter 109A, chapter 110, or 
        section 2261 of this title.''.

                Subtitle C--Punishment of Sex Offenders

SEC. 721. DEATH PENALTY FOR RAPE AND CHILD MOLESTATION MURDERS.

    (a) Offense.--Chapter 109A of title 18, United States Code, is 
amended by redesignating section 2245 as section 2246, and by adding 
the following new section:
``Sec. 2245. Sexual abuse resulting in death
    ``Whoever, in the course of an offense under this chapter, engages 
in conduct that results in the death of a person, shall be punished by 
death or imprisoned for any term of years or for life.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 109A of title 18, United States Code, is amended by striking 
the item for section 2245 and adding the following:

``2245. Sexual abuse resulting in death.
``2246. Definitions for chapter.''.

SEC. 722. INCREASED PENALTIES FOR RECIDIVIST SEX OFFENDERS.

    (a) Redesignation.--Sections 2245 and 2246 of title 18, United 
States Code, as so designated by section 721, are redesignated sections 
2246 and 2247, respectively.
    (b) Penalties for Subsequent Offenses.--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, as amended by section 
721, is amended--
            (1) by striking ``2245'' and inserting ``2246'';
            (2) by striking ``2246'' and inserting ``2247''; and
            (3) by inserting after the item relating to section 2244 
        the following:

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

SEC. 723. SENTENCING GUIDELINES INCREASE FOR SEX OFFENSES.

    The United States Sentencing Commission shall amend the sentencing 
guidelines to increase by at least 4 levels the base offense level for 
an offense under section 2241 (relating to aggravated sexual abuse) or 
section 2242 (relating to sexual abuse) of title 18, United States 
Code, and shall consider whether any other changes are warranted in the 
guidelines provisions applicable to such offenses to ensure realization 
of the objectives of 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. 724. HIV TESTING AND PENALTY ENHANCEMENT IN SEXUAL OFFENSE CASES.

    (a) In General.--Chapter 109A of title 18, United States Code, is 
amended by adding at the end the following:
``Sec.  2248. 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 six months and twelve months 
following the date of the initial test, unless the judicial officer 
determines that the conduct of the person created no risk of 
transmission of the virus to the victim, and so states in the order. 
The order shall direct that the initial test be performed within 24 
hours, or as soon thereafter as feasible. The person shall not be 
released from custody until the test is 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 six months and twelve months following the date of the 
initial test, if it appears to the court that the conduct of the person 
may have risked transmission of the virus to the victim. A testing 
requirement under this 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 chapters at the beginning of 
chapter 109A of title 18, United States Code, is amended by inserting 
at the end the following new item:

``2248. Testing for human immunodeficiency virus; disclosure of test 
                            results to victim; effect on penalty.''.

    Subtitle D--Rural Domestic Violence and Child Abuse Enforcement

SEC. 731. RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT 
              ASSISTANCE.

    (a) Grants.--The Attorney General may make grants to units of State 
and local governments of rural States, and to other public or private 
entities of rural States--
            (1) to implement, expand, and establish cooperative efforts 
        and projects between law enforcement officers, prosecutors, 
        victim advocacy groups, and other related parties to 
        investigate and prosecute incidents of domestic violence and 
        child abuse;
            (2) to provide treatment and counseling to victims of 
        domestic violence and child abuse; and
            (3) to work in cooperation with the community to develop 
        education and prevention strategies directed toward such 
        issues.
    (b) Definition.--In this section, ``rural State'' has the meaning 
stated in section 1501(b) of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796bb(B)).
    (c) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out this section $10,000,000 for each of fiscal years 
        1995, 1996, and 1997.
            (2) Additional funding.--In addition to funds received 
        under a grant under subsection (a), a law enforcement agency 
        may use funds received under a grant under section 1701 of the 
        Omnibus Crime Control and Safe Streets Act of 1968, as added by 
        section 103 of this Act, to accomplish the objectives of this 
        section.

            TITLE VIII--CRIMINAL ALIENS AND ALIEN SMUGGLING

               Subtitle A--Deportation of Criminal Aliens

SEC. 801. EXPEDITING CRIMINAL ALIEN DEPORTATION AND EXCLUSION.

    (a) Convicted Defined.--Section 241(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1251(a)(2)) is amended by adding at the end 
the following new subparagraph:
                    ``(E) Convicted defined.--In this paragraph, the 
                term `convicted' means a judge or jury has found the 
                alien guilty or the alien has entered a plea of guilty 
                or nolo contendere, whether or not the alien appeals 
                therefrom.''.
    (b) Deportation of Convicted Aliens.--
            (1) Immediate deportation.--Section 242(h) of such Act (8 
        U.S.C. 1252(h)) is amended--
                    (A) by striking ``(h) An alien'' and inserting 
                ``(h)(1) Subject to paragraph (2), an alien''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(2) An alien sentenced to imprisonment may be deported prior to 
the termination of such imprisonment by the release of the alien from 
confinement, if the Service petitions the appropriate court or other 
entity with authority concerning the alien to release the alien into 
the custody of the Service for execution of an order of deportation.''.
            (2) Prohibition of reentry into the united states.--Section 
        212(a)(2) of such Act (8 U.S.C. 1182(a)(2)) is amended--
                    (A) by redesignating subparagraph (F) as 
                subparagraph (G); and
                    (B) by inserting after subparagraph (E) the 
                following new subparagraph:
                    ``(F) Aliens deported before serving minimum period 
                of confinement.--In addition to any other period of 
                exclusion which may apply an alien deported pursuant to 
                section 242(h)(2) is excludable during the minimum 
                period of confinement to which the alien was 
                sentenced.''.
    (c) Execution of Deportation Orders.--Section 242(i) of such Act (8 
U.S.C. 1252(i)) is amended by adding at the end the following: ``An 
order of deportation may not be executed until all direct appeals 
relating to the conviction which is the basis of the deportation order 
have been exhausted.''.

SEC. 802. AUTHORIZING REGISTRATION OF ALIENS ON CRIMINAL PROBATION OR 
              CRIMINAL PAROLE.

    Section 263(a) of the Immigration and Nationality Act (8 U.S.C. 
1303(a)) is amended by striking ``and (5)'' and inserting ``(5) aliens 
who are or have been on criminal probation or criminal parole within 
the United States, and (6)''.

SEC. 803. EXPANSION IN DEFINITION OF ``AGGRAVATED FELONY''.

    (a) Expansion in Definition.--Section 101(a)(43) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(43)) is amended to read as 
follows:
            ``(43) The term `aggravated felony' means--
                    ``(A) murder;
                    ``(B) any illicit trafficking in any controlled 
                substance (as defined in section 102 of the Controlled 
                Substances Act), including any drug trafficking crime 
                as defined in section 924(c) of title 18, United States 
                Code;
                    ``(C) any illicit trafficking in any firearms or 
                destructive devices as defined in section 921 of title 
                18, United States Code, or in explosive materials as 
                defined in section 841(c) of title 18, United States 
                Code;
                    ``(D) any offense described in sections 1951 
                through 1963 of title 18, United States Code;
                    ``(E) any offense described in--
                            ``(i) subsections (h) or (i) of section 
                        842, title 18, United States Code, or 
                        subsection (d), (e), (f), (g), (h), or (i) of 
                        section 844 of title 18, United States Code 
                        (relating to explosive materials offenses),
                            ``(ii) paragraph (1), (2), (3), (4), or (5) 
                        of section 922(g), or section 922(j), section 
                        922(n), section 922(o), section 922(p), section 
                        924(b), or section 924(h) of title 18, United 
                        States Code (relating to firearms offenses), or
                            ``(iii) section 5861 of title 26, United 
                        States Code (relating to firearms offenses);
                    ``(F) any crime of violence (as defined in section 
                16 of title 18, United States Code, not including a 
                purely political offense) for which the term of 
                imprisonment imposed (regardless of any suspension of 
                such imprisonment) is at least 5 years;
                    ``(G) any theft offense (including receipt of 
                stolen property) or any burglary offense, where a 
                sentence of 5 years imprisonment or more may be 
                imposed;
                    ``(H) any offense described in section 875, section 
                876, section 877, or section 1202 of title 18, United 
                States Code (relating to the demand for or receipt of 
                ransom);
                    ``(I) any offense described in section 2251, 
                section 2251A or section 2252 of title 18, United 
                States Code (relating to child pornography);
                    ``(J) any offense described in section 1084 of 
                title 18, United States Code, where a sentence of 5 
                years imprisonment or more may be imposed;
                    ``(K) any offense relating to commercial bribery, 
                counterfeiting, forgery or trafficking in vehicles 
                whose identification numbers have been altered, where a 
                sentence of 5 years imprisonment or more may be 
                imposed;
                    ``(L) any offense--
                            ``(i) relating to the owning, controlling, 
                        managing or supervising of a prostitution 
                        business,
                            ``(ii) described in section 2421 through 
                        2424 of title 18, United States Code, for 
                        commercial advantage, or
                            ``(iii) described in sections 1581 through 
                        1585, or section 1588, of title 18, United 
                        States Code (relating to peonage, slavery, and 
                        involuntary servitude);
                    ``(M) any offense relating to perjury or 
                subornation of perjury where a sentence of 5 years 
                imprisonment or more may be imposed;
                    ``(N) any offense described in--
                            ``(i) section 793 (relating to gathering or 
                        transmitting national defense information), 
                        section 798 (relating to disclosure of 
                        classified information), section 2153 (relating 
                        to sabotage) or section 2381 or section 2382 
                        (relating to treason) of title 18, United 
                        States Code, or
                            ``(ii) section 421 of title 50, United 
                        States Code (relating to protecting the 
                        identity of undercover intelligence agents);
                    ``(O) any offense--
                            ``(i) involving fraud or deceit where the 
                        loss to the victim or victims exceeded 
                        $200,000; or
                            ``(ii) described in section 7201 of title 
                        26, United States Code (relating to tax 
                        evasion), where the tax loss to the Government 
                        exceeds $200,000;
                    ``(P) any offense described in section 274(a)(1) of 
                the Immigration and Nationality Act (relating to alien 
                smuggling) for the purpose of commercial advantage;
                    ``(Q) any violation of section 1546(a) of title 18, 
                United States Code (relating to document fraud), for 
                the purpose of commercial advantage; or
                    ``(R) any offense relating to failing to appear 
                before a court pursuant to a court order to answer to 
                or dispose of a charge of a felony, where a sentence of 
                2 years or more may be imposed;
        or any attempt or conspiracy to commit any such act. Such term 
        applies to offenses described in this paragraph whether in 
        violation of Federal or State law and applies to such offenses 
        in violation of the laws of a foreign country for which the 
        term of imprisonment was completed within the previous 15 
        years.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to all convictions entered before, on, or after the date of 
enactment of this Act.

SEC. 804. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL ALIENS WHO ARE 
              NOT PERMANENT RESIDENTS.

    (a) Elimination of Administrative Hearing for Certain Criminal 
Aliens.--Section 242A of the Immigration and Nationality Act (8 U.S.C. 
1252a) is amended by adding at the end the following:
    ``(c) Deportation of Aliens Who Are Not Permanent Residents.--
            ``(1) Notwithstanding section 242, and subject to paragraph 
        (5), the Attorney General may issue a final order of 
        deportation against any alien described in paragraph (2) whom 
        the Attorney General determines to be deportable under section 
        241(a)(2)(A)(iii) (relating to conviction of an aggravated 
        felony).
            ``(2) An alien is described in this paragraph if the 
        alien--
                    ``(A) was not lawfully admitted for permanent 
                residence at the time that proceedings under this 
                section commenced, or
                    ``(B) had permanent resident status on a 
                conditional basis (as described in section 216) at the 
                time that proceedings under this section commenced.
            ``(3) The Attorney General may delegate the authority in 
        this section to the Commissioner or to any District Director of 
        the Service.
            ``(4) No alien described in this section shall be eligible 
        for--
                    ``(A) any relief from deportation that the Attorney 
                General may grant in his discretion, or
                    ``(B) relief under section 243(h).
            ``(5) The Attorney General may not execute any order 
        described in paragraph (1) until 14 calendar days have passed 
        from the date that such order was issued, in order that the 
        alien has an opportunity to apply for judicial review under 
        section 106.''.
    (b) Limited Judicial Review.--Section 106 of the Immigration and 
Nationality Act (8 U.S.C. 1105a) is amended--
            (1) in the first sentence of subsection (a), by inserting 
        ``or pursuant to section 242A'' after ``under section 242(b)'';
            (2) in subsection (a)(1) and subsection (a)(3), by 
        inserting ``(including an alien described in section 242A)'' 
        after ``aggravated felony''; and
            (3) by adding at the end the following new subsection:
    ``(d) Notwithstanding subsection (c), a petition for review or for 
habeas corpus on behalf of an alien described in section 242A(c) may 
only challenge whether the alien is in fact an alien described in such 
section, and no court shall have jurisdiction to review any other 
issue.''.
    (c) Technical and Conforming Changes.--Section 242A of the 
Immigration and Nationality Act (8 U.S.C. 1252a) is amended as follows:
            (1) In subsection (a)--
                    (A) by striking ``(a) In General.--'' and inserting 
                ``(b) Deportation of Permanent Resident Aliens.--(1) In 
                general.--''; and
                    (B) by inserting in the first sentence ``permanent 
                resident'' after ``correctional facilities for'';
            (2) In subsection (b)--
                    (A) by striking ``(b) Implementation.--'' and 
                inserting ``(2) Implementation.--''; and
                    (B) by striking ``respect to an'' and inserting 
                ``respect to a permanent resident'';
            (3) By striking out subsection (c);
            (4) In subsection (d)--
                    (A) by striking ``(d) Expedited Proceedings.--(1)'' 
                and inserting ``(3) Expedited proceedings.--(A)'';
                    (B) by inserting ``permanent resident'' after ``in 
                the case of any''; and
                    (C) by striking ``(2)'' and inserting ``(B)'';
            (5) In subsection (e)--
                    (A) by striking ``(e) Review.--(1)'' and inserting 
                ``(4) Review.--(A)'';
                    (B) by striking the second sentence; and
                    (C) by striking ``(2)'' and inserting ``(B)'';
            (6) By inserting after the section heading the following 
        new subsection:
    ``(a) Presumption of Deportability.--An alien convicted of an 
aggravated felony shall be conclusively presumed to be deportable from 
the United States.''; and
            (7) The heading of such section is amended to read as 
        follows:

 ``expedited deportation of aliens convicted of committing aggravated 
                              felonies''.

    (d) Effective Date.--The amendments made by this section shall 
apply to all aliens against whom deportation proceedings are initiated 
after the date of enactment of this Act.

SEC. 805. JUDICIAL DEPORTATION.

    (a) Judicial Deportation.--Section 242A of the Immigration and 
Nationality Act (8 U.S.C. 1252a) is amended by inserting at the end the 
following new subsection:
    ``(d) Judicial Deportation.--
            ``(1) Authority.--Notwithstanding any other provision of 
        this Act, a United States district court shall have 
        jurisdiction to enter a judicial order of deportation at the 
        time of sentencing against an alien whose criminal conviction 
        causes such alien to be deportable under section 
        241(a)(2)(A)(iii) (relating to conviction of an aggravated 
        felony), if such an order has been requested prior to 
        sentencing by the United States Attorney with the concurrence 
        of the Commissioner.
            ``(2) Procedure.--
                    ``(A) The United States Attorney shall provide 
                notice of intent to request judicial deportation 
                promptly after the entry in the record of an 
                adjudication of guilt or guilty plea. Such notice shall 
                be provided to the court, to the alien, and to the 
                alien's counsel of record.
                    ``(B) Notwithstanding section 242B, the United 
                States Attorney, with the concurrence of the 
                Commissioner, shall file at least 20 days prior to the 
                date set for sentencing a charge containing factual 
                allegations regarding the alienage of the defendant and 
                satisfaction by the defendant of the definition of 
                aggravated felony.
                    ``(C) If the court determines that the defendant 
                has presented substantial evidence to establish prima 
                facie eligibility for relief from deportation under 
                section 212(c), the Commissioner shall provide the 
                court with a recommendation and report regarding the 
                alien's eligibility for relief under such section. The 
                court shall either grant or deny the relief sought.
                    ``(D)(i) The alien shall have a reasonable 
                opportunity to examine the evidence against him or her, 
                to present evidence on his or her own behalf, and to 
                cross-examine witnesses presented by the Government.
                    ``(ii) The court, for the purposes of determining 
                whether to enter an order described in paragraph (1), 
                shall only consider evidence that would be admissible 
                in proceedings conducted pursuant to section 242(b).
                    ``(iii) Nothing in this subsection shall limit the 
                information a court of the United States may receive or 
                consider for the purposes of imposing an appropriate 
                sentence.
                    ``(iv) The court may order the alien deported if 
                the Attorney General demonstrates by clear and 
                convincing evidence that the alien is deportable under 
                this Act.
            ``(3) Notice, appeal, and execution of judicial order of 
        deportation.--
                    ``(A)(i) A judicial order of deportation or denial 
                of such order may be appealed by either party to the 
                court of appeals for the circuit in which the district 
                court is located.
                    ``(ii) Except as provided in clause (iii), such 
                appeal shall be considered consistent with the 
                requirements described in section 106.
                    ``(iii) Upon execution by the defendant of a valid 
                waiver of the right to appeal the conviction on which 
                the order of deportation is based, the expiration of 
                the period described in section 106(a)(1), or the final 
                dismissal of an appeal from such conviction, the order 
                of deportation shall become final and shall be executed 
                at the end of the prison term in accordance with the 
                terms of the order.
                    ``(B) As soon as is practicable after entry of a 
                judicial order of deportation, the Commissioner shall 
                provide the defendant with written notice of the order 
                or deportation, which shall designate the defendant's 
                country of choice for deportation and any alternate 
                country pursuant to section 243(a).
            ``(4) Denial of judicial order.--Denial of a request for a 
        judicial order of deportation shall not preclude the Attorney 
        General from initiating deportation proceedings pursuant to 
        section 242 upon the same ground of deportability or upon any 
        other ground of deportability provided under section 241(a).''.
    (b) Technical and Conforming Changes.--The ninth sentence of 
section 242(b) of the Immigration and Nationality Act (8 U.S.C. 
1252(b)) is amended by striking out ``The'' and inserting in lieu 
thereof, ``Except as provided in section 242A(d), the''.
    (c) Effective Date.--The amendments made by this section shall 
apply to all aliens whose adjudication of guilt or guilty plea is 
entered in the record after the date of enactment of this Act.

SEC. 806. RESTRICTING DEFENSES TO DEPORTATION FOR CERTAIN CRIMINAL 
              ALIENS.

    (a) Defenses Based on Seven Years of Permanent Residence.--The last 
sentence of section 212(c) of the Immigration and Nationality Act (8 
U.S.C. 1182(c)) is amended by striking out ``has served for such felony 
or felonies'' and all that follows through the period and inserting in 
lieu thereof ``has been sentenced for such felony or felonies to a term 
of imprisonment of at least 5 years, provided that the time for 
appealing such conviction or sentence has expired and the sentence has 
become final.''.
    (b) Defenses Based on Withholding of Deportation.--Section 
243(h)(2) of the Immigration and Nationality Act (8 U.S.C. 1253(h)(2)) 
is amended by--
            (1) striking out the final sentence and inserting in lieu 
        thereof the following new subparagraph:
                    ``(E) the alien has been convicted of an aggravated 
                felony.''; and
            (2) striking out the ``or'' at the end of subparagraph (C) 
        and inserting ``or'' at the end of subparagraph (D).

SEC. 807. ENHANCING PENALTIES FOR FAILING TO DEPART, OR REENTERING, 
              AFTER FINAL ORDER OF DEPORTATION.

    (a) Failure To Depart.--Section 242(e) of the Immigration and 
Nationality Act (8 U.S.C. 1252(e)) is amended--
            (1) by striking out ``paragraph (2), (3), or 4 of'' the 
        first time it appears, and
            (2) by striking out ``shall be imprisoned not more than ten 
        years'' and inserting in lieu thereof, ``shall be imprisoned 
        not more than two years, or shall be imprisoned not more than 
        ten years if the alien is a member of any of the classes 
        described in paragraph (2), (3), or (4) of section 241(a).''.
    (b) Reentry.--Section 276(b) of the Immigration and Nationality Act 
(8 U.S.C. 1326(b)) is amended--
            (1) in paragraph (1), by (A) inserting after ``commission 
        of'' the following: ``three or more misdemeanors or'', and (B) 
        striking out ``5'' and inserting in lieu thereof ``10'',
            (2) in paragraph (2), by striking out ``15'' and inserting 
        in lieu thereof ``20'', and
            (3) by adding at the end the following sentence:
    ``For the purposes of this subsection, the term `deportation' shall 
include any agreement where an alien stipulates to deportation during a 
criminal trial under either Federal or State law.''.
    (c) Collateral Attacks on Underlying Deportation Order.--Section 
276 of the Immigration and Nationality Act (8 U.S.C. 1326) is amended 
by inserting after subsection (b) the following new subsection:
    ``(c) In any criminal proceeding under this section, no alien may 
challenge the validity of the deportation order described in subsection 
(a)(1) or subsection (b) unless the alien demonstrates--
            ``(1) that the alien exhausted the administrative remedies 
        (if any) that may have been available to seek relief against 
        such order,
            ``(2) that the deportation proceedings at which such order 
        was issued improperly deprived the alien of the opportunity for 
        judicial review, and
            ``(3) that the entry of such order was fundamentally 
        unfair.''.

SEC. 808. MISCELLANEOUS AND TECHNICAL CHANGES.

    (a) Form of Deportation Hearings.--The second sentence of section 
242(b) of the Immigration and Nationality Act (8 U.S.C. 1252(b)) is 
amended by inserting before the period the following: ``; except that 
nothing in this subsection shall preclude the Attorney General from 
authorizing proceedings by electronic or telephonic media (with or 
without the consent of the alien) or, where waived or agreed to by the 
parties, in the absence of the alien.''.
    (b) Construction of Expedited Deportation Requirements.--No 
amendment made by this Act and nothing in section 242(i) of the 
Immigration and Nationality Act (8 U.S.C. 1252(i)), shall be construed 
to create any right or benefit, substantive or procedural, which is 
legally enforceable by any party against the United States, its 
agencies, its officers or any other person.

SEC. 809. AUTHORIZATION OF APPROPRIATIONS FOR CRIMINAL ALIEN 
              INFORMATION SYSTEM.

    There is authorized to be appropriated to carry out section 
242(a)(3)(A) of the Immigration and Nationality Act, $5,000,000 for 
fiscal year 1994 and $2,000,000 for each of the fiscal years 1995, 
1996, 1997, and 1998.

        Subtitle B--Prevention and Punishment of Alien Smuggling

SEC. 811. BORDER PATROL AGENTS.

    In addition to such amounts as are otherwise authorized to be 
appropriated, there is authorized to be appropriated for each of the 
fiscal years 1994, 1995, 1996, 1997, 1998, for salaries and expenses of 
the Border Patrol such amounts as may be necessary to provide for an 
increase in the number of agents of the Border Patrol by 3,000 full-
time equivalent agent positions beyond the number of such positions at 
the Border Patrol on July 28, 1994.

SEC. 812. BORDER PATROL INVESTIGATORS.

    In addition to such amounts as are otherwise authorized to be 
appropriated, there is authorized to be appropriated for each of the 
fiscal years 1994, 1995, 1996, 1997, 1998, for salaries and expenses of 
the Border Patrol such amounts as may be necessary to provide for an 
increase in the number of investigators of the Border Patrol by 1,000 
full-time equivalent investigator positions beyond the number of such 
positions at the Border Patrol on July 28, 1994.

SEC. 813. 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 period 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. 814. ENHANCED PENALTIES FOR EMPLOYERS WHO KNOWINGLY EMPLOY 
              SMUGGLED ALIENS.

    (a) Additional Criminal Penalty.--Section 274(a)(1) (8 U.S.C. 
1324(a)(1)) is amended--
            (1) by striking ``or'' at the end of subparagraph (C),
            (2) by striking the comma at the end of 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 ``five years'' and inserting ``ten years''.
    (b) Treatment of Smuggling as an Aggravated Felony.--The first 
sentence of section 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended by 
inserting ``or any offense under section 274(a)'' before ``for which 
the term of imprisonment''.

SEC. 815. ENHANCED PENALTIES FOR CERTAIN ALIEN SMUGGLING.

    Section 274(a)(1) of the Immigration and Nationality Act (8 U.S.C. 
1324(a)(1)) is amended by striking ``five years'' and inserting ``ten 
years''.

SEC. 816. EXPANDED FORFEITURE FOR SMUGGLING OR HARBORING ILLEGAL 
              ALIENS.

    Subsection 274(b) of the Immigration and Nationality Act (8 U.S.C. 
1324(b)) is amended--
            (1) by amending paragraph (1) to read as follows:
    ``(b) Seizure and Forfeiture.--(1) Any property, real or personal, 
which facilitates or is intended to facilitate, or which has been used 
in or is intended to be used in the commission of a violation of 
subsection (a) or of sections 274A(a)(1) or 274A(a)(2), or which 
constitutes or is derived from or traceable to the proceeds obtained 
directly or indirectly from a commission of a violation of subsection 
(a), shall be subject to seizure and forfeiture, except that--
            ``(A) no property, used by any person as a common carrier 
        in the transaction of business as a common carrier shall be 
        forfeited under the provisions of this section unless it shall 
        appear that the owner or other person in charge of such 
        property was a consenting party or privy to the illegal act;
            ``(B) no property shall be forfeited under the provisions 
        of this section by reason of any act or omission established by 
        the owner thereof to have been committed or omitted by any 
        person other than such owner while such property was unlawfully 
        in the possession of a person other than the owner in violation 
        of the criminal laws of the United States or of any State; and
            ``(C) no property shall be forfeited under this paragraph 
        to the extent of an interest of any owner, by reason of any act 
        or omission established by that owner to have been committed or 
        omitted without the knowledge or consent of the owner, unless 
        such action or omission was committed by an employee or agent 
        of the owner, and facilitated or was intended to facilitate, or 
        was used in or intended to be used in, the commission of a 
        violation of subsection (a) or of section 274A(a)(1) or 
        274A(a)(2) which was committed by the owner or which intended 
        to further the business interests of the owner, or to confer 
        any other benefit upon the owner.''.
            (2) in paragraph (2)--
                    (A) by striking ``conveyance'' both places it 
                appears and inserting in lieu thereof ``property''; and
                    (B) by striking ``is being used in'' and inserting 
                in lieu thereof ``is being used in, is facilitating, 
                has facilitated, or was intended to facilitate'';
            (3) in paragraphs (4) and (5) by striking ``a conveyance'' 
        and ``conveyance'' each place such phrase or word appears and 
        inserting in lieu thereof ``property''; and
            (4) in paragraph (4) by--
                    (A) striking ``or'' at the end of subparagraph (C),
                    (B) by striking the period at the end of 
                subparagraph (D) and inserting ``; or'', and
                    (C) by inserting at the end the following new 
                subparagraph:
                    ``(E) transfer custody and ownership of forfeited 
                property to any Federal, State, or local agency 
                pursuant to the Tariff Act of 1930, as amended (19 
                U.S.C. 1616a(c)).''.

SEC. 817. COMPENSATION FOR INCARCERATION OF UNDOCUMENTED CRIMINAL 
              ALIENS.

    (a) Compensation.--(1) The Attorney General shall, subject to the 
availability of appropriations, enter into a contractual arrangement 
which provides for compensation to the State or a political subdivision 
of the State, as may be appropriate, with respect to the incarceration 
of an undocumented criminal alien who has been convicted of a felony 
and is incarcerated in a State or local correctional facility.
    (2) Compensation under paragraph (1) shall be determined by the 
Attorney General and shall be equal to the median State or local cost 
of incarceration of a prisoner in all maximum security facilities 
within the State as determined by the Bureau of Justice Statistics.
    (b) Definition.--For purposes of this section, the term 
``undocumented criminal alien'' means an alien who--
            (A) has been convicted of a felony and sentenced to a term 
        of imprisonment; and
            (B)(i) entered the United States without inspection or at 
        any time or place other than as designated by the Attorney 
        General;
            (ii) was the subject of exclusion or deportation 
        proceedings at the time he or she was taken into custody by the 
        State or a political subdivision of the State; or
            (iii) was admitted as a nonimmigrant and at the time he or 
        she was taken into custody by the State or a political 
        subdivision of the State has failed to maintain the 
        nonimmigrant status in which the alien was admitted or to which 
        it was changed, or to comply with the conditions of any such 
        status.

  TITLE IX--INSTANT CHECK, RURAL DRUG TASK FORCES, AND ENHANCED DRUG 
                               PENALTIES

         Subtitle A--Instant Check System for Handgun Purchases

SEC. 901. DEFINITIONS.

    As used in this chapter:
            (1) The term ``background check crime'' means a crime 
        punishable by imprisonment for a term exceeding 1 year within 
        the meaning of section 921(a)(20) of title 18, United States 
        Code.
            (2) The term ``handgun'' has the meaning given such term in 
        section 921(a)(30) of title 18, United States Code.
            (3) The term ``licensee'' means a licensed importer, 
        licensed manufacturer, or licensed dealer, as defined in 
        paragraphs (9), (10), and (11), respectively, of section 921(a) 
        of title 18, United States Code.
            (4) The term ``State'' means a State, the District of 
        Columbia, the Commonwealth of Puerto Rico, American Samoa, the 
        Virgin Islands, Guam, and the Trust Territories of the Pacific.

SEC. 902. STATE INSTANT CRIMINAL CHECK SYSTEMS FOR HANDGUN PURCHASES.

    (a) In General.--Not later than the date that is 12 months after 
the date of the enactment of this chapter, each State shall establish 
and maintain a system that, on receipt of an inquiry from a licensee 
pursuant to section 922(v)(1)(A) of title 18, United States Code, 
immediately researches the criminal history of a prospective handgun 
transferee, advises the licensee whether its records demonstrate that 
such transferee is prohibited from receiving a handgun by reason of 
subsection (g) or (n) of section 922 of such title, and, if such 
transferee is not so prohibited, provides the licensee a unique 
identification number with respect to the transfer.
    (b) Additional Requirements.--A State instant criminal check system 
shall--
            (1) provide for the privacy and security of the information 
        contained in the system at least to the extent of the 
        protections and remedies provided in section 552a(g) of title 
        5, United States Code;
            (2) ensure that information provided to the system by a 
        licensee pursuant to section 922(v)(1)(B)(i) of title 18, 
        United States Code, is not retained in any form whatsoever, is 
        not conveyed to any person except a person who has a need to 
        know to carry out the purpose of that section, and is not used 
        for any purpose other than to carry out that section; and
            (3) provide to a prospective handgun transferee who is 
        denied receipt of a handgun on the basis of information 
        provided by the system a procedure for the correction of 
        erroneous information as otherwise set forth in this chapter.
    (c) Prohibitions on Uses of Information.--
            (1) Recordation by the government.--No record or portion 
        thereof generated by an inquiry concerning or a search of the 
        criminal history of a prospective transferee under a State 
        instant criminal check system established under subsection (a) 
        shall be recorded at or transferred to a facility owned, 
        managed, or controlled by the United States or any State or 
        political subdivision thereof.
            (2) Registration of ownership.--Neither the United States, 
        nor a State, nor any political subdivision thereof may use 
        information provided by a licensee pursuant to a State instant 
        criminal check system established under subsection (a) of this 
        section to establish any system for the registration of 
        handguns, handgun owners, or handgun transactions or 
        dispositions, except with respect to persons who are prohibited 
        from receiving a handgun by reason of subsection (g) or (n) of 
        section 922 of title 18, United States Code.

SEC. 903. AMENDMENT OF CHAPTER 44 OF TITLE 18, UNITED STATES CODE.

    (a) Definitions.--Section 921(a) of title 18, United States Code, 
is amended by adding at the end the following:
    ``(30) The term `handgun' means--
            ``(A) a firearm (other than a firearm that is a curio or 
        relic under criteria established by the Secretary by 
        regulation) that has a short stock and is designed to be held 
        and fired by the use of a single hand; and
            ``(B) any combination of parts designed and intended to be 
        assembled into such a firearm and from which such a firearm can 
        be readily assembled.''.
    (b) Identification Procedure.--Section 922 of such title is amended 
by adding at the end the following:
    ``(v)(1) Upon a State instant criminal check system becoming 
operational pursuant to chapter 1 of subtitle C of title VII of the 
Crime Control Act of 1993, and notice by an appropriate State official 
by certified mail to each licensee in the State that such system is 
operational, a licensed importer, licensed manufacturer, or licensed 
dealer shall not knowingly transfer a handgun from the business 
inventory of such licensee to any other person who is not licensed 
under this chapter before the completion of the transfer unless--
            ``(A) the licensee contacts the State instant criminal 
        check system; and
            ``(B)(i) the State system notifies the licensee that the 
        system has not located any record that demonstrates that the 
        receipt of a handgun by such other person would violate 
        subsection (g) or (n); or
            ``(ii) at least 2 hours have elapsed since the licensee 
        first contacted the system with respect to the transfer, and 
        the system has not notified the licensee that the information 
        available to the system demonstrates that the receipt of a 
        handgun by the person would violate subsection (g) or (n).
    ``(2) Paragraph (1) shall not apply to a handgun transfer between a 
licensee and another person if--
            ``(A) the other person presents to the licensee a valid 
        permit or license issued by the State or a political 
        subdivision of the State in which the transfer is to occur that 
        authorizes the person to purchase, possess, or carry a firearm;
            ``(B) the Secretary has, under section 5812 of the Internal 
        Revenue Code of 1986, approved the transfer;
            ``(C) the ability of the licensee to exchange information 
        with the system described in paragraph (1) is impaired for a 
        period of more than 8 hours due to natural or human disaster, 
        insurrection, riot, hurricane, other act of God, or other 
        circumstance beyond the control of the licensee; or
            ``(D) on application of the licensee, the State instant 
        criminal check system has certified that compliance with 
        paragraph (1)(B)(i) is impracticable because of the inability 
        of the licensee to communicate with the system due to the 
        remote location of the licensed premises.
    ``(3) If the State instant criminal check system notifies the 
licensee that the information available to the system does not 
demonstrate that the receipt of a handgun by the person would violate 
subsection (g) or (n), and the licensee transfers a handgun to the 
person, the licensee shall include in the record of the transfer the 
unique identification number provided by the system with respect to the 
transfer.
    ``(4)(A) If the licensee knowingly transfers a handgun to a person 
and willfully fails to comply with paragraph (1) with respect to the 
transfer and, at the time of the transfer, the State instant criminal 
check system was operating and information was available to the system 
demonstrating that receipt of a handgun by the person would violate 
subsection (g) or (n), the Secretary may, after notice and opportunity 
for a hearing, suspend for not more than 12 months or revoke any 
license issued to the licensee under section 923, and may impose on the 
licensee a civil fine of not more than $10,000.
    ``(B) Any action by the Secretary under subparagraph (A) of this 
paragraph shall be subject to the procedures and remedies provided in 
subsections (e) and (f) of section 923.
    ``(5) A State employee responsible for providing information 
through a State instant criminal check system shall not be liable in an 
action at law for damages for failure to prevent the sale or transfer 
of a handgun to a person whose receipt or possession of a handgun is 
unlawful.
    ``(6) Notwithstanding any law, rule, or regulation of a State or 
political subdivision of a State that requires a waiting period prior 
to the receipt or sale of a handgun, after a State instant criminal 
check system has been placed in operation, a licensee may transfer, and 
a person may receive, a handgun immediately upon notification of the 
licensee pursuant to subparagraph (1)(B)(i). No permit or license shall 
be required by any State or political subdivision of a State for such 
transfer or receipt.''.
    (c) Penalties.--Section 924(a) of title 18, United States Code, is 
amended by adding at the end the following:
    ``(6) A person who willfully violates section 922(v) shall be fined 
not more than $2,000, imprisoned not more than 1 year, or both.''.
    (d) Effective Date.--The amendments made by this section shall take 
effect 120 days after the date of the enactment of this chapter.

SEC. 904. ESTABLISHMENT AND OPERATION OF CRIMINAL HISTORY SYSTEM.

    (a) Establishment of the System.--Each State shall establish a 
system accessible by telephone, and may establish other electronic 
means in addition to telephonic communication, that any licensee, law 
enforcement officer, or court of law may contact for criminal history 
information. Information available to a licensee shall be limited to 
information concerning a background check crime or other information 
concerning whether receipt of a handgun by a prospective transferee 
would violate subsection (g) or (n) of section 922 of title 18, United 
States Code. Information available to law enforcement officers and to 
courts of law shall include information concerning any arrest or 
conviction for any crime.
    (b) Continuous Operation.--Each State shall take such steps as are 
necessary to ensure that the system operates continuously and without 
closing, at all times and days of each year for purposes of inquiries 
from law enforcement officers, licensees, and courts.

SEC. 905. OPERATION OF SYSTEM FOR PURPOSE OF SCREENING HANDGUN 
              PURCHASERS.

    (a) Accuracy of Responses.--Each State shall take such steps as are 
necessary to ensure that not more than 2 percent of initial telephone 
responses of the system contain erroneous determinations that receipt 
of a handgun by a prospective handgun transferee would violate 
subsection (g) or (n) of section 922 of title 18, United States Code.
    (b) Notification of Licensees.--On establishment of a system under 
this section, each respective State shall notify the Secretary of the 
Treasury, and the Secretary shall notify each licensee, of the 
existence and purpose of the system and the telephone number and other 
electronic means that may be used to contact the system.
    (c) Operation of the System.--
            (1) Requirements for provision of information.--The system 
        established under this section shall not provide information to 
        any person who places a telephone call to the system with 
        respect to a person unless--
                    (A) the system verifies that the caller is a 
                licensee; and
                    (B) the licensee--
                            (i) states that a person seeks to purchase 
                        a handgun from the licensee; and
                            (ii) provides the name, birth date, and 
                        social security account number (or if the 
                        transferee does not have a social security 
                        account number, other identifying information 
                        about the proposed transferee as required to 
                        make a valid identification).
            (2) Information to be provided.--
                    (A) In general.--If the system receives a telephone 
                call with respect to the transfer of a handgun to a 
                person and the requirements of paragraph (1) of this 
                subsection are met, the system shall, in accordance 
                with subparagraph (B) of this paragraph--
                            (i) if the receipt of a handgun by the 
                        person would violate subsection (g) or (n) of 
                        section 922 of title 18, United States Code, 
                        inform the licensee that the transfer is 
                        disapproved; and
                            (ii) if such a receipt would not be such a 
                        violation--
                                    (I) assign a unique identification 
                                number to the transfer;
                                    (II) provide the licensee with the 
                                number; and
                                    (III) destroy all records of the 
                                system with respect to the call (other 
                                than the identifying number and the 
                                date the number was assigned) and all 
                                records of the system relating to the 
                                person or the transfer.
                    (B) Timing.--
                            (i) Prompt response required.--The system 
                        shall make every effort to provide to the 
                        caller the information required by subparagraph 
                        (A) immediately or by return telephone call 
                        without delay.
                            (ii) Rules governing delayed responses.--If 
                        the system is unable to respond immediately to 
                        the inquiry due to circumstances beyond the 
                        control of the system, the system shall--
                                    (I) advise the caller that the 
                                response of the system will be delayed 
                                and state the reasons for the delay and 
                                the estimated length of the delay; and
                                    (II) make every effort to provide 
                                the information required by 
                                subparagraph (A) within 2 hours after 
                                the licensee first contacted the system 
                                with respect to the transfer.
    (d) Correction of Erroneous System.--
            (1) Administrative procedures.--If the system established 
        under this section informs a licensee that receipt of a handgun 
        by a person would violate subsection (g) or (n) of section 922 
        of title 18, United States Code, the person may request the 
        system to provide the person with a detailed explanation, in 
        writing, of the reasons therefor. Within 5 days after receipt 
        of such a request, the system shall comply with the request. 
        The requestor may submit to the system information to correct, 
        clarify, or supplement records of the system with respect to 
        the requestor. Within 5 days after receipt of such information, 
        the system shall consider such information, investigate the 
        matter further, correct all erroneous records relating to the 
        requestor, and notify any department or agency of the United 
        States or of any State or political subdivision of a State that 
        was the source of the erroneous records or such errors.
            (2) Private course of action.--After all administrative 
        remedies are exhausted and such records are not corrected, a 
        person disapproved for the purchase or receipt of a handgun 
        because the system established under this section provided 
        erroneous information relating to the person may bring an 
        action in any court of competent jurisdiction against the 
        United States, or any State or political subdivision of a State 
        that is the source of the erroneous information, for damages 
        (including consequential damages), injunctive relief, mandamus, 
        and such other relief as the court may deem appropriate. If the 
        person prevails in the action, the court shall allow the person 
        a reasonable attorney's fee as part of the costs.

SEC. 906. IMPROVEMENT OF CRIMINAL JUSTICE RECORDS.

    The Attorney General shall expedite--
            (1) the incorporation of the remaining State criminal 
        history records into the Federal criminal records systems 
        maintained by the Federal Bureau of Investigation; and
            (2) the development of hardware and software systems to 
        link State criminal history check systems into the National 
        Crime Information Center.

SEC. 907. ACCESS TO STATE CRIMINAL RECORDS.

    (a) Means of Communication.--Not later than 60 days after the date 
of the enactment of this chapter, the Attorney General shall--
            (1) determine the type of computer hardware and software 
        that shall be used to operate the Federal criminal records 
        system and the means by which State criminal records system 
        shall communicate with the Federal system;
            (2) investigate the criminal records system of each State 
        and determine for each State the extent of such accessible 
        criminal records that each State shall be able to provide 
        thereafter to the Federal system by the effective date of 
        section 902; and
            (3) notify each State of the determination made pursuant to 
        paragraphs (1) and (2).
    (b) Federal System.--Not later than the effective date of section 
902, the Attorney General shall provide to each State access to the 
Federal Crime Information Center, including the records of other States 
through a network, for the purpose of permitting the State to conduct 
instant criminal background checks required by that section.

SEC. 908. IMPROVEMENTS IN STATE RECORDS.

    (a) In General.--Section 509(b) of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3759(b)) is amended--
            (1) by striking ``and'' at the end of paragraph (2);
            (2) by striking the period at the end of paragraph (3) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(4) the improvement of State record systems and the 
        sharing of all of the records described in paragraphs (1), (2), 
        and (3) and the records required by this Act with the Attorney 
        General for the purpose of implementing this Act.''.
    (b) Additional Funding.--Section 509 of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3759) is amended 
by adding at the end the following:
    ``(e) In addition to other funds authorized in this Act, there are 
authorized to be appropriated for fiscal year 1994, to be available 
until expended, $21,000,000 for the purpose of implementing subsection 
(b)(4).''.
    (c) Withholding Funds.--
            (1) Effective on the effective date of section 902 of this 
        Act, the Attorney General may refuse to make grants under title 
        I of the Omnibus Crime Control and Safe Streets Act of 1968 to 
        a State that does not establish and operate a State criminal 
        background check system in compliance with this chapter.
            (2) Effective 1 year after the date of the enactment of 
        this chapter, the Attorney General may reduce by up to 10 
        percent the allocation to a State for a fiscal year under title 
        I of the Omnibus Crime Control and Safe Streets Act of 1968 of 
        a State that is not in compliance with this chapter, and the 
        portion of the amounts that are appropriated for allocation to 
        the States under such title for the fiscal year that is equal 
        to the amount of the reduction shall thereby be rescinded.

SEC. 909. FUNDING OF STATE CRIMINAL RECORDS SYSTEMS AND DEDICATION OF 
              FUNDS.

    (a) Increase in Special Assessments.--Section 3013(a) of title 18, 
United States Code, is amended--
            (1) in paragraph (1)(A)(iii), by striking ``$25'' and 
        inserting ``$30'';
            (2) in paragraph (2)(A), by striking ``$50'' and inserting 
        ``$75''; and
            (3) in paragraph (2)(B), by striking ``$200'' and inserting 
        ``$250''.
    (b) Systems for Screening Handgun Purchasers and for Criminal 
Justice Purposes.--Notwithstanding any other law, $5 of each assessment 
collected under section 3013(a)(1)(A)(iii) of title 18, United States 
Code, $25 of each assessment collected under subsection (a)(2)(A) of 
that section, and $50 of each assessment collected under subsection 
(a)(2)(B) of that section shall be paid to the States, in proportion to 
the respective populations thereof, for the purposes of carrying out 
this chapter.

SEC. 910. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated such sums 
as are necessary to carry out this chapter.
    (b) Limitation on Use.--No appropriation, grant, or fund authorized 
under this chapter shall be used for any purpose other than the 
creation, maintenance, and operation of systems for access to criminal 
history records and screening systems for handgun purchasers as 
provided in this chapter.

              Subtitle B--Drug Trafficking in Rural Areas

SEC. 911. AUTHORIZATIONS FOR RURAL LAW ENFORCEMENT AGENCIES.

    (a) Authorization of Appropriations.--Section 1001(a)(9) of title I 
of the Omnibus Crime Control and Safe Streets Act of 1968 is amended to 
read as follows:
    ``(9) There are authorized to be appropriated to carry out part O 
$50,000,000 for each of fiscal years 1994, 1995, 1996, 1997, and 
1998.''.
    (b) Amendment to Base Allocation.--Section 1501(a)(2)(A) of title I 
of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by 
striking ``$100,000'' and inserting ``$250,000''.

SEC. 912. RURAL CRIME AND DRUG ENFORCEMENT TASK FORCES.

    (a) Establishment.--Not later than 90 days after the date of 
enactment of this Act, the Attorney General, in consultation with the 
Governors, mayors, and chief executive officers of State and local law 
enforcement agencies, shall establish a Rural Crime and Drug 
Enforcement Task Force in each of the Federal judicial districts which 
encompass significant rural lands. Assets seized as a result of 
investigations initiated by a Rural Drug Enforcement Task Force shall 
be used primarily to enhance the operations of the task force and its 
participating State and local law enforcement agencies.
    (b) Task Force Membership.--The task forces established under 
subsection (a) shall be chaired by the United States Attorney for the 
respective Federal judicial district. The task forces shall include 
representatives from--
            (1) State and local law enforcement agencies;
            (2) the Drug Enforcement Administration;
            (3) the Federal Bureau of Investigation;
            (4) the Immigration and Naturalization Service;
            (5) the Customs Service;
            (6) the United States Marshals Service; and
            (7) law enforcement officers from the United States Park 
        Police, United States Forest Service and Bureau of Land 
        Management, and such other Federal law enforcement agencies as 
        the Attorney General may direct.

SEC. 913. CROSS-DESIGNATION OF FEDERAL OFFICERS.

    (a) In General.--The Attorney General may cross-designate up to 100 
law enforcement officers from each of the agencies specified under 
section 1502(b)(6) of the Omnibus Crime Control and Safe Streets Act of 
1968 with jurisdiction to enforce the provisions of the Controlled 
Substances Act on non-Federal lands and title 18 of the United States 
Code to the extent necessary to effect the purposes of this Act.
    (b) Adequate Staffing.--The Attorney General shall, subject to the 
availability of appropriations, ensure that each of the task forces 
established in accordance with this title are adequately staffed with 
investigators and that additional investigators are provided when 
requested by the task force.

SEC. 914. RURAL DRUG ENFORCEMENT TRAINING.

    (a) Specialized Training for Rural Officers.--The Director of the 
Federal Law Enforcement Training Center shall develop a specialized 
course of instruction devoted to training law enforcement officers from 
rural agencies in the investigation of drug trafficking and related 
crimes.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out subsection (a) $1,000,000 for each of fiscal 
years 1994, 1995, 1996, 1997, and 1998.

SEC. 915. MORE AGENTS FOR THE DRUG ENFORCEMENT ADMINISTRATION.

    There are authorized to be appropriated for the hiring of 
additional Drug Enforcement Administration agents $20,000,000 for each 
of fiscal years 1994, 1995, 1996, 1997, and 1998.

                       Subtitle C--Miscellaneous

SEC. 921. ENHANCEMENT OF PENALTIES FOR DRUG TRAFFICKING IN PRISONS.

    Section 1791 of title 18, United States Code, is amended--
            (1) in subsection (c), by inserting before ``Any'' the 
        following new sentence: ``Any punishment imposed under 
        subsection (b) for a violation of this section involving a 
        controlled substance shall be consecutive to any other sentence 
        imposed by any court for an offense involving such a controlled 
        substance.''.
            (2) in subsection (d)(1)(A) by inserting after ``a firearm 
        or destructive device'' the following, ``or a controlled 
        substance in schedule I or II, other than marijuana or a 
        controlled substance referred to in subparagraph (C) of this 
        subsection'';

SEC. 922. CRACK PENALTY AMENDMENTS.

    (a) 50 Gram Trafficking Penalty.--
            (1) Section 401(b)(1)(A) of the Controlled Substances Act 
        (21 U.S.C. 841(b)(1)(A)) is amended by striking clause (iii).
            (2) Section 401(b)(1)(A)(ii) of the Controlled Substances 
        Act (21 U.S.C. 841(b)(1)(A)(ii)) is amended by striking ``5 
        kilograms'' and inserting ``50 grams''.
    (b) 5 Gram Trafficking Penalty.--
            (1) Section 401(b)(1)(B) of the Controlled Substances Act 
        (21 U.S.C. 841(b)(1)(B)) is amended by striking clause (iii).
            (2) Section 401(b)(1)(B)(ii) of the Controlled Substances 
        Act (21 U.S.C. 841(b)(1)(B)(ii)) is amended by striking ``500 
        grams'' and inserting ``5 grams''.
    (c) 50 Gram Penalty Import Penalty.--
            (1) Section 1010(b)(1) of the Controlled Substances Import 
        and Export Act (21 U.S.C. 960(b)(1)) is amended by striking out 
        subparagraph (C).
            (2) Section 1010(b)(1)(B) of the Controlled Substances 
        Import and Export Act (21 U.S.C. 960(b)(1)(B)) is amended by 
        striking ``5 kilograms'' and inserting ``50 grams''.
    (d) 5 Gram Penalty Import Penalty.--
            (1) Section 1010(b)(2) of the Controlled Substances Import 
        and Export Act (21 U.S.C. 960(b)(2)) is amended by striking out 
        subparagraph (C).
            (2) Section 1010(b)(2)(B) of the Controlled Substances 
        Import and Export Act (21 U.S.C. 960(b)(2)(B)) is amended by 
        striking ``500 grams'' and inserting ``5 grams''.
    (e) Possession Penalty.--Section 404(a) of the Controlled 
Substances Act (21 U.S.C. 844(a)) is amended in the sentence that 
begins ``Notwithstanding the preceding sentence'' by striking ``cocaine 
base'' and inserting ``cocaine''.
    (f) Sentencing Guidelines.--The United States Sentencing Commission 
shall promulgate such amendments to the Sentencing Guidelines as are 
necessary to conform those Guidelines to the amendments made by this 
section.

                         TITLE X--MISCELLANEOUS

SEC. 1001. AWARDS OF PELL GRANTS TO PRISONERS PROHIBITED.

    (a) In General.--Section 401(b)(8) the Higher Education Act of 1965 
(20 U.S.C. 1070a(b)(8)) is amended to read as follows:
    ``(8) No basic grant shall be awarded under this subpart to any 
individual who is incarcerated in any Federal or State penal 
institution.''.
    (b) Effective Date.--The amendment made by this section shall apply 
with respect to periods of enrollment beginning on or after the date of 
enactment of this Act.

SEC. 1002. PROFESSIONAL AND COMMERICAL LICENCES.

    A person who is incarcerated in a Federal or State penal 
institution shall be ineligible for any professional or commercial 
licence provided by any agency or authority of the United States.

SEC. 1003. LIMITATIONS ON PAYMENT OF OASDI BENEFITS TO PRISONERS.

    Section 202(x) of the Social Security Act (42 U.S.C. 402(x)) is 
amended--
            (1) in paragraph (1), by striking ``pursuant to'' and all 
        that follows and inserting the following: ``pursuant to his 
        conviction of a criminal offense under applicable law.''; and
            (2) in paragraph (3), by striking ``pursuant to his 
        conviction of an offense which constituted a felony under 
        applicable law'' and inserting ``pursuant to his conviction of 
        a criminal offense under applicable law''.

SEC. 1004. LIMITATION ON USE OF VETERANS' EDUCATIONAL ASSISTANCE BY 
              PRISONERS.

    (a) In General.--Chapter 53 of title 38, United States Code, is 
amended by inserting after section 5313 the following new section:
``Sec. 5313A. Limitation on use of veterans' educational assistance by 
              prisoners
    ``(a)(1) To the extent provided in subsection (c) of this section, 
any person who is entitled to educational assistance under chapters 30, 
32, 32, 35, or 36 of this title and who is incarcerated in a Federal, 
State, or local penal institution for a period in excess of sixty days 
for conviction of a felony shall not be entitled to use such assistance 
at any time during the period beginning on the sixty-first day of such 
incarceration and ending on the day such incarceration ends.
    ``(2) The provisions of paragraph (1) of this subsection shall not 
apply with respect to any period during which a person is participating 
in a work-release program or is residing in a halfway house.
    ``(b) The period of entitlement to veterans educational assistance 
under chapters 30, 32, 32, 35, or 36 of this title does not include the 
period of incarceration described in subsection (a)(1).
    ``(c) The provisions of subsection (a) of this section shall 
apply--
            ``(1) with respect to any period of incarceration of a 
        person for conviction of a felony committed after the date of 
        the enactment of this section, and
            ``(2) with respect to any period of incarceration on or 
        after the date of enactment of this section for conviction of a 
        felony of a person who on such the date is incarcerated for 
        conviction of such felony and with respect to whom an approved 
        course of education begins after such date.''.
    (b) Clerical Amendment.--The table of contents at the beginning of 
chapter 53 of title 38, United States Code, is amended by inserting 
after the item relating to section 5313 the following:

        ``5313A. Limitation on use of veterans' educational assistance 
                            by prisoners.''.

  TITLE XI--PENALTIES FOR HARASSMENT OR OBSTRUCTION OF LAWFUL HUNTING

SEC. 1101. SHORT TITLE.

    This title may be cited as the ``Recreational Hunting Safety and 
Preservation Act of 1994''.

SEC. 1102. FINDINGS.

    Congress finds that--
            (1) recreational hunting, when carried out pursuant to law 
        (as implemented by the regulations of Federal and State 
        wildlife management agencies) is a necessary and beneficial 
        element in the proper conservation and management of healthy, 
        abundant, and biologically diverse wildlife resources;
            (2) recreational hunters (because of a generally 
        demonstrated concern with the conservation of wildlife 
        resources and preservation of habitat necessary for the 
        breeding and maintenance of healthy wildlife populations, and 
        through a familiarity with the resources gained from experience 
        in the field) are a valuable asset in ensuring enlightened 
        public input into decisions regarding management and 
        maintenance programs for wildlife resources and habitat;
            (3)(A) recreational hunting supports industries highly 
        significant to the national economy through sales in interstate 
        commerce of sporting goods; and
            (B) the Federal excise taxes imposed on the sales provide a 
        major source of funding for vital programs of wildlife 
        conservation and management;
            (4) various persons are engaging in (and have announced an 
        intent to continue to engage in) a variety of disruptive 
        activities with the premeditated purpose of preventing and 
        interfering with the conduct of lawful recreational hunting on 
        Federal lands, which activities--
                    (A) place both recreational hunters and the 
                disruptive persons in imminent jeopardy of grave 
                physical injury or death;
                    (B) disrupt the peaceful, lawful, and prudent 
                conduct of wildlife population and habitat management 
                programs by Federal and State wildlife management 
                agencies; and
                    (C) ultimately may alter the planned program 
                objectives, resulting in--
                            (i) undesirable patterns of activity within 
                        populations of wildlife;
                            (ii) the endangerment of the future 
                        viability of wildlife species; and
                            (iii) damage to habitat values;
            (5) Federal lands comprise important wildlife habitat 
        resources that--
                    (A) support many large, diverse, and vital 
                populations of wildlife; and
                    (B) offer significant opportunities for legal 
                recreational hunting as an important management tool to 
                ensure the future viability of the wildlife 
                populations;
            (6) it is the right of citizens of the United States freely 
        to enjoy lawful recreational hunting on Federal lands in 
        accordance with regulations promulgated by Federal and State 
        wildlife management agencies; and
            (7) in many instances under current law, vagueness and 
        ambiguity exist regarding the application of State laws and 
        enforcement activities relating to--
                    (A) the safety of hunters; and
                    (B) the legal rights of recreational hunters to 
                participate peacefully in lawful hunts on Federal 
                lands.

SEC. 1103. DEFINITIONS.

    As used in this title:
            (1) Federal lands.--The term ``Federal lands'' means--
                    (A) national forests;
                    (B) public lands;
                    (C) national parks; and
                    (D) wildlife refuges.
            (2) Lawful hunt.--The term ``lawful hunt'' means an 
        occasion when an individual is engaged in the taking or 
        harvesting (or attempted taking or harvesting) through a legal 
        means and during a specified legal season of a wildlife or 
        fish, on Federal lands, which activity--
                    (A)(i) is authorized by or licensed under the law 
                of the State in which it takes place; or
                    (ii) is regulated by game or fishing seasons 
                established by the State in which it takes place;
                    (B) is not prohibited by a law of the United 
                States; and
                    (C) does not infringe upon a right of an owner of 
                private property.
            (3) National forest.--The term ``national forest'' means 
        lands included in the National Forest System (as defined in 
        section 11(a) of the Forest and Rangeland Renewable Resources 
        Planning Act of 1974 (16 U.S.C. 1609(a))).
            (4) National park.--The term ``national park'' means lands 
        and waters included in the national park system (as defined in 
        section 2(a) of the Act entitled ``An Act to facilitate the 
        management of the National Park System and miscellaneous areas 
        administered in connection with that system, and for other 
        purposes'', approved August 8, 1953 (16 U.S.C. 1c(a))).
            (5) Public lands.--The term ``public lands'' has the same 
        meaning as is provided in section 103(e) of the Federal Land 
        Policy and Management Act of 1976 (43 U.S.C. 1702(e)).
            (6) Secretary.--The term ``Secretary'' means--
                    (A) the Secretary of Agriculture with respect to 
                national forests; and
                    (B) the Secretary of the Interior with respect to--
                            (i) public lands;
                            (ii) national parks; and
                            (iii) wildlife refuges.
            (7) Wildlife refuge.--The term ``wildlife refuge'' means 
        lands and waters included in the National Wildlife Refuge 
        System (as established by section 4 of the National Wildlife 
        Refuge System Administration Act of 1966 (16 U.S.C. 668dd)).

SEC. 1104. OBSTRUCTION OF A LAWFUL HUNT.

    (a) Violation.--It is unlawful for a person knowingly and with the 
intent of obstructing, impeding, or interfering with a lawful hunt by 
an individual to--
            (1) obstruct, impede, or otherwise interfere with a lawful 
        hunt by an individual;
            (2) engage in activities that prevent or impede the 
        reasonable and usual means of access by those individuals who 
        intend to participate in a lawful hunt, whether the activities 
        occur on Federal lands or upon a public or private road, 
        highway, path, trail, or other normal route of access to 
        Federal lands;
            (3) take or abuse property, equipment, or hunting dogs 
        being used in conjunction with a lawful hunt; or
            (4) enter onto Federal lands or travel in interstate 
        commerce to further--
                    (A) a scheme or effort to obstruct, impede, or 
                otherwise interfere with a lawful hunt; or
                    (B) the efforts of another person to obstruct, 
                impede, or interfere with a lawful hunt.
    (b) Multiple Violations.--The Secretary may consider participation 
by a person in more than one of the activities described in this 
section to constitute multiple violations.

SEC. 1105. CIVIL PENALTIES.

    (a) In General.--A person who engages in an activity described in 
section 1104 shall be assessed a civil penalty of not less than $500, 
and not more than $5,000, for each violation.
    (b) Violation Involving Force or Violence.--Upon a determination by 
a court that the activity involved the use of force or violence, or the 
threatened use of force or violence, against the person or property of 
another person, a person who engages in an activity described in 
section 1104 shall be assessed a civil penalty of not less than $1,000, 
and not more than $10,000, for each violation.
    (c) Relationship to Other Penalties.--The penalties established by 
this section shall be in addition to other criminal or civil penalties 
that may be levied against the person as a result of an activity in 
violation of section 1104.
    (d) Procedure.--
            (1) Complaints from government agents.--Upon receipt of a 
        written complaint from an officer, employee, or agent of the 
        Forest Service, Bureau of Land Management, National Park 
        Service, United States Fish and Wildlife Service, or other 
        Federal agency that a person violated section 1104, the 
        Secretary shall--
                    (A) forward the complaint to the United States 
                Attorney for the Federal judicial district in which the 
                violation is alleged to have occurred; and
                    (B) request the Attorney General of the United 
                States to institute a civil action for the imposition 
                and collection of the civil penalty specified in 
                subsection (a) or (b).
            (2) Complaints from individuals.--Upon receipt of a sworn 
        affidavit from an individual and a determination by the 
        Secretary that the statement contains sufficient factual data 
        to create a reasonable belief that a violation of section 1104 
        has occurred, the Secretary shall--
                    (A) forward a complaint to the United States 
                Attorney for the Federal judicial district in which the 
                violation is alleged to have occurred; and
                    (B) request the Attorney General of the United 
                States to institute a civil action for the imposition 
                and collection of the civil penalty specified in 
                subsection (a) or (b).
    (e) Use of Penalty Money Collected.--After deduction of costs 
attributable to collection, money collected from penalties shall be--
            (1) deposited into the trust fund established pursuant to 
        the Act entitled ``An Act to provide that the United States 
        shall aid the States in wildlife-restoration projects, and for 
        other purposes'', approved September 2, 1937 (16 U.S.C. 669) 
        (commonly known as the ``Pitman-Robertson Wildlife Restoration 
        Act''), to support the activities authorized by such Act and 
        undertaken by State wildlife management agencies; or
            (2) used in such other manner as the Secretary determines 
        will enhance the funding and implementation of--
                    (A) the North American Waterfowl Management Plan 
                signed by the Secretary of the Interior and the 
                Minister of Environment for Canada in May 1986; or
                    (B) a similar program that the Secretary determines 
                will enhance wildlife management--
                            (i) on Federal lands; or
                            (ii) on private or State-owned lands when 
                        the efforts will also provide a benefit to 
                        wildlife management objectives on Federal 
                        lands.

SEC. 1106. OTHER RELIEF.

    (a) Injunctive Relief.--Injunctive relief against a violation of 
section 1104 may be sought by--
            (1) the head of a State agency with jurisdiction over fish 
        or wildlife management;
            (2) the Attorney General of the United States; or
            (3) any person who is or would be adversely affected by the 
        violation, or a hunting or sportsman's organization to which 
        the person belongs.
    (b) Damages and Attorney's Fees.--Any person who is or would be 
adversely affected by a violation of section 1104, or a hunting or 
sportsman's organization to which the person belongs, may bring a civil 
action to recover--
            (1) actual and punitive damages; and
            (2) reasonable attorney's fees.

SEC. 1107. RELATIONSHIP TO STATE AND LOCAL LAW AND CIVIL ACTIONS.

    (a) Law or Ordinance.--This title is not intended to preempt a 
State law or local ordinance that provides for civil or criminal 
penalties for a person who obstructs or otherwise interferes with a 
lawful hunt.
    (b) Civil Action.--The bringing of an action pursuant to this title 
shall not prevent an independent action against a person under a State 
law or local ordinance.

SEC. 1108. REGULATIONS.

    The Secretary may issue such regulations as are necessary to carry 
out this title.

             TITLE XII--VIOLENT CRIME REDUCTION TRUST FUND

SEC. 1201. PURPOSES.

    The Congress declares it essential--
            (1) to fully fund the control and prevention of violent 
        crime authorized in this Act over the next 5 years;
            (2) to ensure orderly limitation and reduction of Federal 
        Government employment, as recommended by the Report of the 
        National Performance Review, conducted by the Vice President; 
        and
            (3) to apply sufficient amounts of the savings achieved by 
        limiting Government employment to the purpose of ensuring full 
        funding of this Act over the next 5 years.

SEC. 1202. REDUCTION OF FEDERAL FULL-TIME EQUIVALENT POSITIONS.

    (a) Definition.--For purposes of this section, the term ``agency'' 
means an Executive agency as defined under section 105 of title 5, 
United States Code, but does not include the General Accounting Office.
    (b) Limitations on Full-Time Equivalent Positions.--The President, 
through the Office of Management and Budget (in consultation with the 
Office of Personnel Management), shall ensure that the total number of 
full-time equivalent positions in all agencies shall not exceed--
            (1) 2,095,182 during fiscal year 1994;
            (2) 2,044,100 during fiscal year 1995;
            (3) 2,003,846 during fiscal year 1996;
            (4) 1,963,593 during fiscal year 1997; and
            (5) 1,923,339 during fiscal year 1998.
    (c) Monitoring and Notification.--The Office of Management and 
Budget, after consultation with the Office of Personnel Management, 
shall--
            (1) continuously monitor all agencies and make a 
        determination on the first date of each quarter of each 
        applicable fiscal year of whether the requirements under 
        subsection (b) are met; and
            (2) notify the President and the Congress on the first date 
        of each quarter of each applicable fiscal year of any 
        determination that any requirement of subsection (b) is not 
        met.
    (d) Compliance.--If at any time during a fiscal year, the Office of 
Management and Budget notifies the President and the Congress that any 
requirement under subsection (b) is not met, no agency may hire any 
employee for any position is such agency until the Office of Management 
and Budget notifies the President and the Congress that the total 
number of full-time equivalent positions for all agencies equals or is 
less than the applicable number required under subsection (b).
    (e) Waiver.--Any provision of this section may be waived upon--
            (1) a determination by the President of the existence of 
        war or a national security requirement; or
            (2) the enactment of a joint resolution upon an affirmative 
        vote of three-fifths of the Members of each House of the 
        Congress duly chosen and sworn.

SEC. 1203. CREATION OF VIOLENT CRIME REDUCTION TRUST FUND.

    (a) Establishment of the Account.--Chapter 11 of title 31, United 
States Code, is amended by inserting at the end thereof the following 
new section:
``Sec. 1115. Violent crime reduction trust fund
    ``(a) There is established a separate account in the Treasury, 
known as the `Violent Crime Reduction Trust Fund', into which shall be 
deposited deficit reduction achieved by section 1202 of the People's 
Protection Crime Control Act of 1994 sufficient to fund that Act (as 
defined in subsection (b) of this section).
    ``(b) On the first day of the following fiscal years (or as soon 
thereafter as possible for fiscal year 1994), the following amounts 
shall be transferred from the general fund to the Violent Crime 
Reduction Trust Fund--
            ``(1) for fiscal year 1994, $720,000,000;
            ``(2) for fiscal year 1995, $2,423,000,000;
            ``(3) for fiscal year 1996, $4,267,000,000;
            ``(4) for fiscal year 1997, $6,313,000,000; and
            ``(5) for fiscal year 1998, $8,545,000,000.
    ``(c) Notwithstanding any other provision of law--
            ``(1) the amounts in the Violent Crime Reduction Trust Fund 
        may be appropriated exclusively for the purposes authorized in 
        the People's Protection Crime Control Act of 1994;
            ``(2) the amounts in the Violent Crime Reduction Trust Fund 
        and appropriations under paragraph (1) of this section shall be 
        excluded from, and shall not be taken into account for purposes 
        of, any budget enforcement procedures under the Congressional 
        Budget Act of 1974 or the Balanced Budget and Emergency Deficit 
        Control Act of 1985; and
            ``(3) for purposes of this subsection, `appropriations 
        under paragraph (1)' mean amounts of budget authority not to 
        exceed the balances of the Violent Crime Reduction Trust Fund 
        and amounts of outlays that flow from budget authority actually 
        appropriated.''.
    (b) Listing of the Violent Crime Reduction Trust Fund Among 
Government Trust Funds.--Section 1321(a) of title 31, United States 
Code, is amended by inserting at the end thereof the following new 
paragraph:
            ``(91) Violent Crime Reduction Trust Fund.''.
    (c) Requirement for the President To Report Annually on the Status 
of the Account.--Section 1105(a) of title 31, United States Code, is 
amended by adding at the end thereof:
            ``(29) information about the Violent Crime Reduction Trust 
        Fund, including a separate statement of amounts in that Trust 
        Fund.
            ``(30) an analysis displaying by agency proposed reductions 
        in full-time equivalent positions compared to the current 
        year's level in order to comply with section 1202 of the 
        People's Protection Crime Control Act of 1994.''.

SEC. 1204. CONFORMING REDUCTION IN DISCRETIONARY SPENDING LIMITS.

    The Director of the Office of Management and Budget shall, upon 
enactment of this Act, reduce the discretionary spending limits set 
forth in section 601(a)(2) of the Congressional Budget Act of 1974 for 
fiscal years 1994 through 1998 as follows:
            (1) for fiscal year 1994, for the discretionary category: 
        $720,000,000 in new budget authority and $314,000,000 in 
        outlays;
            (2) for fiscal year 1995, for the discretionary category: 
        $2,423,000,000 in new budget authority and $2,330,000,000 in 
        outlays;
            (3) for fiscal year 1996, for the discretionary category: 
        $4,267,000,000 in new budget authority and $4,184,000,000 in 
        outlays;
            (4) for fiscal year 1997, for the discretionary category: 
        $6,313,000,000 in new budget authority and $6,221,000,000 in 
        outlays; and
            (5) for fiscal year 1998, for the discretionary category: 
        $8,545,000,000 in new budget authority and $8,443,000,000 in 
        outlays.
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