[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 8 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                  S. 8

                     To control and prevent crime.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 21 (legislative day, January 5), 1993

 Mr. Hatch (for himself, Mr. Thurmond, Mr. Simpson, Mr. Grassley, Mr. 
Specter, Mr. Dole, Mr. Brown, Mr. Pressler and Mr. Nickles) introduced 
the following bill; which was read twice and referred to the Committee 
                            on the Judiciary

_______________________________________________________________________

                                 A BILL


 
                     To control and prevent 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 ``Crime Control Act 
of 1993''.
    (b) Table of Contents.--The following is the table of contents for 
this Act:

Sec. 1. Short title and table of contents.
                         TITLE I--DEATH PENALTY

Sec. 101. Short title.
Sec. 102. Death penalty procedures.
Sec. 103. Conforming amendment relating to destruction of aircraft or 
                            aircraft facilities.
Sec. 104. Conforming amendment relating to espionage.
Sec. 105. Conforming amendment relating to transporting explosives.
Sec. 106. Conforming amendment relating to malicious destruction of 
                            Federal property by explosives.
Sec. 107. Conforming amendment relating to malicious destruction of 
                            interstate property by explosives.
Sec. 108. Conforming amendment relating to murder.
Sec. 109. Conforming amendment relating to killing official guests or 
                            internationally protected persons.
Sec. 110. Murder by Federal prisoner.
Sec. 111. Conforming amendment relating to kidnapping.
Sec. 112. Conforming amendment relating to hostage taking.
Sec. 113. Conforming amendment relating to mailability of injurious 
                            articles.
Sec. 114. Conforming amendment relating to Presidential assassination.
Sec. 115. Conforming amendment relating to murder for hire.
Sec. 116. Conforming amendment relating to violent crimes in aid of 
                            racketeering activity.
Sec. 117. Conforming amendment relating to wrecking trains.
Sec. 118. Conforming amendment relating to bank robbery.
Sec. 119. Conforming amendment relating to terrorist acts.
Sec. 120. Conforming amendment relating to aircraft hijacking.
Sec. 121. Conforming amendment to controlled substances act.
Sec. 122. Conforming amendment relating to genocide.
Sec. 123. Protection of court officers and jurors.
Sec. 124. Prohibition of retaliatory killings of witnesses, victims, 
                            and informants.
Sec. 125. Death penalty for murder of Federal law enforcement officers.
Sec. 126. Death penalty for murder of State or local law enforcement 
                            officers assisting Federal law enforcement 
                            officers.
Sec. 127. Implementation of the 1988 protocol for the suppression of 
                            unlawful acts of violence at airports 
                            serving international civil aviation.
Sec. 128. Amendment to Federal Aviation Act.
Sec. 129. Offenses of violence against maritime navigation or fixed 
                            platforms.
Sec. 130. Torture.
Sec. 131. Weapons of mass destruction.
Sec. 132. Homicides and attempted homicides involving firearms in 
                            Federal facilities.
Sec. 133. Death penalty for civil rights murders.
Sec. 134. Death penalty for murder of Federal witnesses.
Sec. 135. Drive-by shootings.
Sec. 136. Death penalty for gun murders during Federal crimes of 
                            violence and drug trafficking crimes.
Sec. 137. Death penalty for rape and child molestation murders.
Sec. 138. Protection of jurors and witnesses in capital cases.
Sec. 139. Inapplicability to uniform code of military justice.
Sec. 140. Death penalty for causing death in the sexual exploitation of 
                            children. 
Sec. 141. Murder by escaped prisoners. 
Sec. 142. Death penalty for murders in the District of Columbia.
                     TITLE II--HABEAS CORPUS REFORM

                Subtitle A--General Habeas Corpus Reform

Sec. 201. Short title.
Sec. 202. Period of limitation.
Sec. 203. Appeal.
Sec. 204. Amendment of Federal rules of appellate procedure.
Sec. 205. Section 2254 amendments.
Sec. 206. Section 2255 amendments.
            Subtitle B--Death Penalty Litigation Procedures

Sec. 211. Short title for Subtitle B.
Sec. 212. Death penalty litigation procedures.
  Subtitle C--Equalization of Capital Habeas Corpus Litigation Funding

Sec. 221. Funding for death penalty prosecutions.
                      TITLE III--EXCLUSIONARY RULE

Sec. 301. Admissibility of certain evidence.
                 TITLE IV--RURAL CRIME AND DRUG CONTROL

              Subtitle A--Drug Trafficking in rural areas

Sec. 401. Authorizations for rural law enforcement agencies.
Sec. 402. Rural crime and drug enforcement task forces.
Sec. 403. Cross-designation of Federal officers.
Sec. 404. Rural drug enforcement training.
    Subtitle B--Increases in Penalties for Certain Drug Trafficking 
                                Offenses

Sec. 411. Rural substance abuse treatment and education grants.
            Subtitle C--Rural Drug Prevention and Treatment

Sec. 421. Asset forfeiture.
Sec. 422. Prosecution of clandestine laboratory operators.
                TITLE V--FIREARMS AND RELATED AMENDMENTS

Sec. 501. Smuggling firearms in aid of drug trafficking.
Sec. 502. Prohibition against theft of firearms or explosives.
Sec. 503. Increased penalty for knowingly false, material statement in 
                            connection with the acquisition of a 
                            firearm from a licensed dealer.
Sec. 504. Summary destruction of explosives subject to forfeiture.
Sec. 505. Elimination of outmoded language relating to parole.
Sec. 506. Receipt of firearms by nonresident.
Sec. 507. Prohibition of theft of firearms or explosives from licensee.
Sec. 508. Increased penalty for interstate gun trafficking.
Sec. 509. Prohibition of transactions involving stolen firearms which 
                            have moved in interstate or foreign 
                            commerce.
Sec. 510. Possession of explosives by felons and others.
Sec. 511. Disposition of forfeited firearms.
Sec. 512. Definition of burglary under the armed career criminal 
                            statute.
                     TITLE VI--JUVENILES AND GANGS

Sec. 601. Short title.
 Subtitle A--Increased Penalties for Employing Children to Distribute 
                   Drugs Near Schools and Playgrounds

Sec. 611. Strengthened Federal penalties.
                    Subtitle B--Antigang Provisions

Sec. 621. Grant program.
Sec. 622. Conforming repealer and amendments.
Sec. 623. Criminal street gangs.
                     Subtitle C--Juvenile Penalties

Sec. 631. Treatment of violent juveniles as adults.
Sec. 632. Serious drug offenses by juveniles as armed career criminal 
                            act predicates.
Sec. 633. Certainty of punishment for young offenders.
                      Subtitle D--Other Provisions

Sec. 641. Bindover system for certain violent juveniles.
Sec. 642. Gang investigation coordination and information collection.
Sec. 643. Clarification of requirement that any prior record of a 
                            juvenile be produced before the 
                            commencement of juvenile proceedings.
             TITLE VII--TERRORISM AND INTERNATIONAL MATTERS

Sec. 701. Terrorism civil remedy.
Sec. 702. Providing material support to terrorists.
Sec. 703. Forfeiture of assets used to support terrorists.
Sec. 704. Alien witness cooperation.
Sec. 705. Territorial sea extending to 12 miles included in special 
                            maritime and territorial jurisdiction.
Sec. 706. Assimilated crimes in extended territorial sea.
Sec. 707. Jurisdiction over crimes against United States nationals on 
                            certain foreign ships.
Sec. 708. Penalties for international terrorist acts.
Sec. 709. Authorization of appropriations.
Sec. 710. Enhanced penalties for certain offenses.
Sec. 711. Sentencing guidelines increase for terrorist crimes.
Sec. 712. Extension of the statute of limitations for certain terrorism 
                            offenses.
Sec. 713. International parental kidnapping.
Sec. 714. Foreign murder of United States nationals.
Sec. 715. Extradition.
Sec. 716. FBI access to telephone subscriber information.
     TITLE VIII--SEXUAL VIOLENCE, CHILD ABUSE, AND VICTIMS' RIGHTS

              Subtitle A--Sexual Violence and Child Abuse

Sec. 800. Short title.
                  subchapter a--penalties and remedies
Sec. 801. Pre-trial detention in sex offense cases.
Sec. 802. Death penalty for murders committed by sex offenders.
Sec. 803. Increased penalties for recidivist sex offenders.
Sec. 804. Increased penalties for sex offenses against victims below 
                            the age of 16. 
Sec. 805. Sentencing guidelines increase for sex offenses.
Sec. 806. HIV testing and penalty enhancement in sexual offense cases.
Sec. 807. Payment of cost of HIV testing for victims in sex offense 
                            cases.
Sec. 808. Extension and strengthening of restitution.
Sec. 809. Enforcement of restitution orders through suspension of 
                            Federal benefits.
Sec. 810. Civil remedy for victims of sexual violence.
        subchapter b--rules of evidence, practice, and procedure

Sec. 821. Admissibility of evidence of similar crimes in sex offense 
                            cases.
Sec. 822. Extension and strengthening of rape victim shield law.
Sec. 823. Inadmissibility of evidence to show provocation or invitation 
                            by victim in sex offense cases.
Sec. 824. Right of the victim to fair treatment in legal proceedings.
Sec. 825. Victim's right of allocution in sentencing.
Sec. 826. Victim's right of privacy.
                      subchapter c--safe campuses

Sec. 831. National baseline study on campus sexual assault.
           subchapter d--assistance to states and localities

Sec. 841. Sexual violence grant program.
Sec. 842. Supplementary grants for States adopting effective laws 
                            relating to sexual violence. 
      Chapter 2--Domestic Violence and Offenses Against the Family

Sec. 851. Noncompliance with child support obligations in interstate 
                            cases.
Sec. 852. Full faith and credit for protective orders.
Sec. 853. Presumption against child custody for spouse abusers.
Sec. 854. Report on battered women's syndrome.
Sec. 855. Report on confidentiality of addresses for victims of 
                            domestic violence.
Sec. 856. Report on recordkeeping relating to domestic violence.
Sec. 857. Domestic violence and family support grant program.
        Chapter 3--National Task Force on Violence Against Women

Sec. 861. Establishment.
Sec. 862. Duties of task force.
Sec. 863. Membership.
Sec. 864. Pay.
Sec. 865. Executive director and staff.
Sec. 866. Powers of task force.
Sec. 867. Report.
Sec. 868. Authorization of appropriation.
Sec. 869. Termination.
                      Subtitle B--Victims' Rights

Sec. 871. Restitution amendments.
Sec. 872. Right of the victim to an impartial jury.
Sec. 873. Mandatory restitution and other provisions.
               Subtitle C--National Child Protection Act

Sec. 881. Short title.
Sec. 882. Findings and purposes.
Sec. 883. Definitions.
Sec. 884. Reporting by the States.
Sec. 885. Background checks.
Sec. 886. Funding for improvement of child abuse crime information.
 Subtitle D--Jacob Wetterling Crimes Against Children Registration Act

Sec. 891. Short title.
Sec. 892. Establishment of program.
Sec. 893. State compliance.
                      TITLE IX--EQUAL JUSTICE ACT

Sec. 901. Short title.
Sec. 902. Prohibition of racially discriminatory policies concerning 
                            capital punishment or other penalties.
Sec. 903. General safeguards against racial prejudice or bias in the 
                            tribunal. 
Sec. 904. Federal capital cases.
Sec. 905. Extension of protection of civil rights statutes.
             TITLE X--FUNDING, GRANT PROGRAMS, AND STUDIES

              Subtitle A--Safer Streets and Neighborhoods

Sec. 1001. Short title.
Sec. 1002. Grants to State and local agencies for the hiring of law 
                            enforcement personnel.
Sec. 1003. Continuation of Federal-State funding formula.
Sec. 1004. Equity in funding.
        Subtitle B--Retired Public Safety Officer Death Benefit

Sec. 1011. Retired public safety officer death benefit.
              Subtitle C--Study on Police Officers' Rights

Sec. 1021. Study on police officers' rights.
                   Subtitle D--Cop-on-the-Beat Grants

Sec. 1031. Short title.
Sec. 1032. Cop-on-the-beat grants.
       Subtitle E--National Commission to Support Law Enforcement

Sec. 1041. Short title.
Sec. 1042. Findings.
Sec. 1043. Establishment of commission.
Sec. 1044. Duties.
Sec. 1045. Membership.
Sec. 1046. Experts and consultants.
Sec. 1047. Powers of commission.
Sec. 1048. Report.
Sec. 1049. Termination.
Sec. 1050. Repeals.
                      Subtitle F--Other Provisions

Sec. 1062. Law enforcement family support.
Sec. 1063. Notice of release of prisoners.
                        TITLE XI--ILLEGAL DRUGS

                        Subtitle A--Drug Testing

Sec. 1101. Drug testing of Federal offenders on post-conviction 
                            release.
                    Subtitle B--Precursor Chemicals

Sec. 1121. Short title.
Sec. 1122. Definition amendments.
Sec. 1123. Registration requirement.
Sec. 1124. Reporting of listed chemical manufacturing.
Sec. 1125. Reports by brokers and traders; criminal penalties.
Sec. 1126. Exemption authority; additional penalties.
Sec. 1127. Amendments to list I.
Sec. 1128. Elimination of regular supplier status and creation of 
                            regular importer status.
Sec. 1129. Administrative inspections and authority.
Sec. 1130. Threshold amounts.
Sec. 1131. Management of listed chemicals.
Sec. 1132. Attorney General access to the National Practitioner Data 
                            Bank.
Sec. 1133. Regulations and effective date.
                      Subtitle C--Other Provisions

Sec. 1141. Advertisements of controlled substances.
Sec. 1142. Closing of loophole for illegal importation of small drug 
                            quantities.
Sec. 1143. Drug paraphernalia amendment.
Sec. 1144. Conforming amendment adding certain drug offenses as 
                            requiring fingerprinting and records for 
                            recidivist juveniles.
Sec. 1145. Clarification of narcotic or other dangerous drugs under 
                            RICO.
Sec. 1146. Conforming amendments to recidivist penalty provisions of 
                            the Controlled Substances Act and the 
                            Controlled Substances Import and Export 
                            Act.
Sec. 1147. Elimination of outmoded language relating to parole.
Sec. 1148. Drugged or drunk driving child protection.
Sec. 1149. Eviction from places maintained for manufacturing, 
                            distributing, or using controlled 
                            substances.
Sec. 1150. Anabolic steroids penalties.
Sec. 1151. Program to provide public awareness of the provisions of law 
                            that condition portions of a State's 
                            Federal highway funding on the State's 
                            enactment of legislation requiring the 
                            revocation of the driver's licenses of 
                            convicted drug abusers.
Sec. 1152. Drug abuse resistance education programs.
Sec. 1153. Misuse of the words ``Drug Enforcement Administration'' or 
                            the initials ``DEA''.
                      TITLE XII--PUBLIC CORRUPTION

Sec. 1201. Short title.
Sec. 1202. Public corruption.
Sec. 1203. Interstate commerce.
Sec. 1204. Narcotics-related public corruption.
                     TITLE XIII--GENERAL PROVISIONS

                       Subtitle A--Violent Crimes

Sec. 1301. Addition of attempted robbery, kidnapping, smuggling, and 
                            property damage offenses to eliminate 
                            inconsistencies and gaps in coverage.
Sec. 1302. Increase in maximum penalty for assault.
Sec. 1303. Increased maximum penalty for manslaughter.
Sec. 1304. Increased penalty for travel act violations.
Sec. 1305. Increased penalty for conspiracy to commit murder for hire.
                   Subtitle B--Civil Rights Offenses

Sec. 1311. Increased maximum penalties for civil rights violations.
              Subtitle C--White Collar and Property Crimes

Sec. 1321. Receipt of proceeds of a postal robbery.
Sec. 1322. Receipt of proceeds of extortion or kidnapping.
Sec. 1323. Conforming addition to obstruction of civil investigative 
                            demand statute.
Sec. 1324. Conforming addition of predicate offenses to financial 
                            institutions rewards statute.
Sec. 1325. Definition of savings and loan association in bank robbery 
                            statute.
Sec. 1326. Conforming definition of ``1 year period'' in 18 U.S.C. 
                            1516.
Sec. 1327. Financial institutions fraud.
Sec. 1328. Wiretaps.
Sec. 1329. Knowledge requirement for stolen or counterfeit property.
Sec. 1330. Mail fraud.
Sec. 1331. Fraud and related activity in connection with access 
                            devices.
Sec. 1332. Increased penalties for trafficking in counterfeit goods and 
                            services.
Sec. 1333. Computer abuse amendments act of 1993.
Sec. 1334. Notification of law enforcement officers of discoveries of 
                            controlled substances or large amounts of 
                            cash in weapons screening.
                      Subtitle D--Other Provisions

Sec. 1361. Optional venue for espionage and related offenses.
Sec. 1362. Required reporting by criminal court clerks.
Sec. 1363. Audit requirement for State and local law enforcement 
                            agencies receiving Federal asset forfeiture 
                            funds and report to Congress on 
                            administrative expenses.
Sec. 1364. DNA identification.
Sec. 1365. Safe schools.
                    TITLE XIV--TECHNICAL CORRECTIONS

Sec. 1401. Amendments relating to Federal financial assistance for law 
                            enforcement.
Sec. 1402. General title 18 corrections.
Sec. 1403. Corrections of erroneous cross references and 
                            misdesignations.
Sec. 1404. Obsolete provisions in title 18.
Sec. 1405. Correction of drafting error in the Foreign Corrupt 
                            Practices Act.
Sec. 1406. Elimination of redundant penalty.
Sec. 1407. Corrections of misspellings and grammatical errors.
               TITLE XV--FEDERAL LAW ENFORCEMENT AGENCIES

Sec. 1501. Short title.
Sec. 1502. Authorization of appropriations for Federal law enforcement 
                            agencies.
                       TITLE XVI--FEDERAL PRISONS

Sec. 1601. Authorization of appropriations for new prison construction.
                  TITLE XVII--PRE-TRIAL INTERROGATION

                         TITLE I--DEATH PENALTY

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Federal Death Penalty Act of 
1993''.

SEC. 102. DEATH PENALTY PROCEDURES.

    (a) Addition of Chapter to Title 18, United States Code.--Title 18, 
United States Code, is amended by inserting after chapter 227 the 
following new chapter:

                ``CHAPTER 228--DEATH PENALTY PROCEDURES

``Sec.
``3591. Sentence of death.
``3592. Factors to be considered in determining whether a sentence of 
                            death is justified.
``3593. Special hearing to determine whether a sentence of death is 
                            justified.
``3594. Imposition of a sentence of death.
``3595. Review of a sentence of death.
``3596. Implementation of a sentence of death.
``3597. Use of State facilities.
``3598. Appointment of counsel.
``3599. Collateral attack on judgment imposing sentence of death.
``3600. Application in Indian country.
``Sec.  3591. Sentence of death
    ``A defendant who has been found guilty of--
            ``(1) an offense described in section 794 or section 2381;
            ``(2) an offense described in section 1751(c) if the 
        offense, as determined beyond a reasonable doubt at a hearing 
        under section 3593, constitutes an attempt to murder the 
        President of the United States and results in bodily injury to 
        the President or comes dangerously close to causing the death 
        of the President;
            ``(3) an offense referred to in section 408(c)(1) of the 
        Controlled Substances Act (21 U.S.C. 848(c)(1)), committed as 
        part of a continuing criminal enterprise offense under the 
        conditions described in subsection (b) of that section which 
        involved not less than twice the quantity of controlled 
        substance described in subsection (b)(2)(A) or twice the gross 
        receipts described in subsection (b)(2)(B);
            ``(4) an offense referred to in section 408(c)(1) of the 
        Controlled Substances Act (21 U.S.C. 848(c)(1)), committed as 
        part of a continuing criminal enterprise offense under that 
        section, where the defendant is a principal administrator, 
        organizer, or leader of such an enterprise, and the defendant, 
        in order to obstruct the investigation or prosecution of the 
        enterprise or an offense involved in the enterprise, attempts 
        to kill or knowingly directs, advises, authorizes, or assists 
        another to attempt to kill any public officer, juror, witness, 
        or members of the family or household of such a person;
            ``(5) an offense constituting a felony violation of the 
        Controlled Substances Act (21 U.S.C. 801 et seq.), the 
        Controlled Substances Import and Export Act (21 U.S.C. 951 et 
        seq.), or the Maritime Drug Law Enforcement Act (46 U.S.C. App. 
        1901 et seq.), where the defendant, intending to cause death or 
        acting with reckless disregard for human life, engages in such 
        a violation, and the death of another person results in the 
        course of the violation or from the use of the controlled 
        substance involved in the violation; or
            ``(6) any other offense for which a sentence of death is 
        provided if the defendant, as determined beyond a reasonable 
        doubt at a hearing under section 3593, caused the death of a 
        person intentionally, knowingly, or through recklessness 
        manifesting extreme indifference to human life, or caused the 
        death of a person through the intentional infliction of serious 
        bodily injury,
shall be sentenced to death if, after consideration of the factors set 
forth in section 3592 in the course of a hearing held pursuant to 
section 3593, it is determined that imposition of a sentence of death 
is justified, except that no person may be sentenced to death who was 
less than 18 years of age at the time of the offense or who is mentally 
retarded.
``Sec. 3592. Factors to be considered in determining whether a sentence 
              of death is justified
    ``(a) Mitigating Factors.--In determining whether a sentence of 
death is justified for any offense, the jury, or if there is no jury, 
the court, shall consider each of the following mitigating factors and 
determine which, if any, exist:
            ``(1) Mental capacity.--The defendant's mental capacity to 
        appreciate the wrongfulness of his conduct or to conform his 
        conduct to the requirements of law was significantly impaired, 
        regardless of whether the capacity was so impaired as to 
        constitute a defense to the charge.
            ``(2) Duress.--The defendant was under unusual and 
        substantial duress, regardless of whether the duress was of 
        such a degree as to constitute a defense to the charge.
            ``(3) Participation in offense minor.--The defendant's 
        participation in the offense, which was committed by another, 
        was relatively minor, regardless of whether the participation 
        was so minor as to constitute a defense to the charge.
            ``(4) No significant criminal history.--The defendant did 
        not have a significant history of other criminal conduct.
            ``(5) Disturbance.--The defendant committed the offense 
        under severe mental or emotional disturbance.
            ``(6) Victim's consent.--The victim consented to the 
        criminal conduct that resulted in the victim's death.
The jury, or if there is no jury, the court, shall consider whether any 
other aspect of the defendant's background, character or record or any 
other circumstance of the offense that the defendant may proffer as a 
mitigating factor exists.
    ``(b) Aggravating Factors for Espionage and Treason.--In 
determining whether a sentence of death is justified for an offense 
described in section 3591(1), the jury, or if there is no jury, the 
court, shall consider each of the following aggravating factors and 
determine which, if any, exist:
            ``(1) Previous espionage or treason conviction.--The 
        defendant has previously been convicted of another offense 
        involving espionage or treason for which a sentence of life 
        imprisonment or death was authorized by statute.
            ``(2) Risk of substantial danger to national security.--In 
        the commission of the offense the defendant knowingly created a 
        grave risk to the national security.
            ``(3) Risk of death to another.--In the commission of the 
        offense the defendant knowingly created a grave risk of death 
        to another person.
The jury, or if there is no jury, the court, may consider whether any 
other aggravating factor exists.
    ``(c) Aggravating Factors for Homicide and for Attempted Murder of 
the President.--In determining whether a sentence of death is justified 
for an offense described in section 3591 (2) or (6), the jury, or if 
there is no jury, the court, shall consider each of the following 
aggravating factors and determine which, if any, exist:
            ``(1) Conduct occurred during commission of specified 
        crimes.--The conduct resulting in death occurred during the 
        commission or attempted commission of, or during the immediate 
        flight from the commission of, an offense under section 32 
        (destruction of aircraft or aircraft facilities), section 33 
        (destruction of motor vehicles or motor vehicle facilities), 
        section 36 (violence at international airports), section 351 
        (violence against Members of Congress, Cabinet officers, or 
        Supreme Court Justices), section 751 (prisoners in custody of 
        institution or officer), section 794 (gathering or delivering 
        defense information to aid foreign government), section 844(d) 
        (transportation of explosives in interstate commerce for 
        certain purposes), section 844(f) (destruction of Government 
        property by explosives), section 844(i) (destruction of 
        property affecting interstate commerce by explosives), section 
        1116 (killing or attempted killing of diplomats), section 1118 
        (prisoners serving life term), section 1201 (kidnapping), 
        section 1203 (hostage taking), section 1751 (violence against 
        the President or Presidential staff), section 1992 (wrecking 
        trains), section 2280 (maritime violence), section 2281 
        (maritime platform violence), section 2332 (terrorist acts 
        abroad against United States nationals), section 2339A (use of 
        weapons of mass destruction), or section 2381 (treason) of this 
        title, section 1826 of title 28 (persons in custody as 
        recalcitrant witnesses or hospitalized following insanity 
        acquittal), or section 902 (i) or (n) of the Federal Aviation 
        Act of 1958 (49 U.S.C. App. 1472 (i) or (n) (aircraft piracy)).
            ``(2) Involvement of firearm or previous conviction of 
        violent felony involving firearm.--The defendant--
                    ``(A) during and in relation to the commission of 
                the offense or in escaping or attempting to escape 
                apprehension used or possessed a firearm (as defined in 
                section 921); or
                    ``(B) has previously been convicted of a Federal or 
                State offense punishable by a term of imprisonment of 
                more than 1 year, involving the use of attempted or 
                threatened use of a firearm (as defined in section 
                921), against another person.
            ``(3) Previous conviction of offense for which a sentence 
        of death or life imprisonment was authorized.--The defendant 
        has previously been convicted of another Federal or State 
        offense resulting in the death of a person, for which a 
        sentence of life imprisonment or death was authorized by 
        statute.
            ``(4) Previous conviction of other serious offenses.--The 
        defendant has previously been convicted of 2 or more Federal or 
        State offenses, each punishable by a term of imprisonment of 
        more than 1 year, committed on different occasions, involving 
        the importation, manufacture, or distribution of a controlled 
        substance (as defined in section 102 of the Controlled 
        Substances Act (21 U.S.C. 802)) or the infliction of, or 
        attempted infliction of, serious bodily injury or death upon 
        another person.
            ``(5) Grave risk of death to additional persons.--The 
        defendant, in the commission of the offense or in escaping or 
        attempting to escape apprehension, knowingly created a grave 
        risk of death to one or more persons in addition to the victim 
        of the offense.
            ``(6) Heinous, cruel or depraved manner of commission.--The 
        defendant committed the offense in an especially heinous, 
        cruel, or depraved manner in that it involved torture or 
        serious physical abuse to the victim.
            ``(7) Procurement of offense by payment.--The defendant 
        procured the commission of the offense by payment, or promise 
        of payment, of anything of pecuniary value.
            ``(8) Commission of the offense for pecuniary gain.--The 
        defendant committed the offense as consideration for the 
        receipt, or in the expectation of the receipt, of anything of 
        pecuniary value.
            ``(9) Substantial planning and premeditation.--The 
        defendant committed the offense after substantial planning and 
        premeditation.
            ``(10) Vulnerability of victim.--The victim was 
        particularly vulnerable due to old age, youth, or infirmity.
            ``(11) Type of victim.--The defendant committed the offense 
        against--
                    ``(A) the President of the United States, the 
                President-elect, the Vice President, the Vice 
                President-elect, the Vice President-designate, or, if 
                there was no Vice President, the officer next in order 
                of succession to the office of the President of the 
                United States, or any person acting as President under 
                the Constitution and laws of the United States;
                    ``(B) a chief of state, head of government, or the 
                political equivalent, of a foreign nation;
                    ``(C) a foreign official listed in section 
                1116(b)(3)(A), if that official was in the United 
                States on official business; or
                    ``(D) a Federal public servant who was outside of 
                the United States or who was a Federal judge, a Federal 
                law enforcement officer, an employee (including a 
                volunteer or contract employee) of a Federal prison, or 
                an official of the Federal Bureau of Prisons--
                            ``(i) while such public servant was engaged 
                        in the performance of his official duties;
                            ``(ii) because of the performance of such 
                        public servant's official duties; or
                            ``(iii) because of such public servant's 
                        status as a public servant.
        For purposes of this paragraph, the terms `President-elect' and 
        `Vice President-elect' mean such persons as are the apparent 
        successful candidates for the offices of President and Vice 
        President, respectively, as ascertained from the results of the 
        general elections held to determine the electors of President 
        and Vice President in accordance with sections 1 and 2 of title 
        3; a `Federal law enforcement officer' is a public servant 
        authorized by law or by a Government agency or Congress to 
        conduct or engage in the prevention, investigation, or 
        prosecution of an offense; `Federal prison' means a Federal 
        correctional, detention, or penal facility, Federal community 
        treatment center, or Federal halfway house, or any such prison 
        operated under contract with the Federal Government; and 
        `Federal judge' means any judicial officer of the United 
        States, and includes a justice of the Supreme Court and a 
        United States magistrate judge.
The jury, or if there is no jury, the court, may consider whether any 
other aggravating factor exists.
    ``(d) Aggravating Factors for Drug Offense Death Penalty.--In 
determining whether a sentence of death is justified for an offense 
described in section 3591 (3), (4), or (5), the jury, or if there is no 
jury, the court, shall consider each of the following aggravating 
factors and determine which, if any, exist:
            ``(1) Previous conviction of offense for which a sentence 
        of death or life imprisonment was authorized.--The defendant 
        has previously been convicted of another Federal or State 
        offense resulting in the death of a person, for which a 
        sentence of life imprisonment or death was authorized by 
        statute.
            ``(2) Previous conviction of other serious offenses.--The 
        defendant has previously been convicted of two or more Federal 
        or State offenses, each punishable by a term of imprisonment of 
        more than one year, committed on different occasions, involving 
        the importation, manufacture, or distribution of a controlled 
        substance (as defined in section 102 of the Controlled 
        Substances Act (21 U.S.C. 802)) or the infliction of, or 
        attempted infliction of, serious bodily injury or death upon 
        another person.
            ``(3) Previous serious drug felony conviction.--The 
        defendant has previously been convicted of another Federal or 
        State offense involving the manufacture, distribution, 
        importation, or possession of a controlled 
        substance<plus-minus> (as defined in section 102 of the 
        Controlled Substances Act (21 U.S.C. 802)) for which a sentence 
        of five or more years of imprisonment was authorized by 
        statute.
            ``(4) Use of firearm.--In committing the offense, or in 
        furtherance of a continuing criminal enterprise of which the 
        offense was a part, the defendant used a firearm or knowingly 
        directed, advised, authorized, or assisted another to use a 
        firearm (as defined in section 921) to threaten, intimidate, 
        assault, or injure a person.
            ``(5) Distribution to persons under 21.--The offense, or a 
        continuing criminal enterprise of which the offense was a part, 
        involved conduct proscribed by section 418 of the Controlled 
        Substances Act (21 U.S.C. 859) which was committed directly by 
        the defendant or for which the defendant would be liable under 
        section 2 of this title.
            ``(6) Distribution near schools.--The offense, or a 
        continuing criminal enterprise of which the offense was a part, 
        involved conduct proscribed by section 419 of the Controlled 
        Substances Act (21 U.S.C. 860) which was committed directly by 
        the defendant or for which the defendant would be liable under 
        section 2 of this title.
            ``(7) Using minors in trafficking.--The offense, or a 
        continuing criminal enterprise of which the offense was a part, 
        involved conduct proscribed by section 420 of the Controlled 
        Substances Act (21 U.S.C. 861) which was committed directly by 
        the defendant or for which the defendant would be liable under 
        section 2 of this title.
            ``(8) Lethal adulterant.--The offense involved the 
        importation, manufacture, or distribution of a controlled 
        substance (as defined in section 102 of the Controlled 
        Substances Act (21 U.S.C. 802)), mixed with a potentially 
        lethal adulterant, and the defendant was aware of the presence 
        of the adulterant.
The jury, or if there is no jury, the court, may consider whether any 
other aggravating factor exists.
``Sec. 3593. Special hearing to determine whether a sentence of death 
              is justified
    ``(a) Notice by the Government.--Whenever the Government intends to 
seek the death penalty for an offense described in section 3591, the 
attorney for the Government, a reasonable time before the trial, or 
before acceptance by the court of a plea of guilty, or at such time 
thereafter as the court may permit upon a showing of good cause, shall 
sign and file with the court, and serve on the defendant, a notice that 
the Government in the event of conviction will seek the sentence of 
death. The notice shall set forth the aggravating factor or factors 
enumerated in section 3592, and any other aggravating factor not 
specifically enumerated in section 3592, that the Government, if the 
defendant is convicted, will seek to prove as the basis for the death 
penalty. The factors for which notice is provided under this subsection 
may include factors concerning the effect of the offense on the victim 
and the victim's family. The court may permit the attorney for the 
Government to amend the notice upon a showing of good cause.
    ``(b) Hearing Before a Court or Jury.--When the attorney for the 
Government has filed a notice as required under subsection (a) and the 
defendant is found guilty of an offense described in section 3591, the 
judge who presided at the trial or before whom the guilty plea was 
entered, or another judge if that judge is unavailable, shall conduct a 
separate sentencing hearing to determine the punishment to be imposed. 
Prior to such a hearing, no presentence report shall be prepared by the 
United States Probation Service, notwithstanding the provisions of the 
Federal Rules of Criminal Procedure. The hearing shall be conducted--
            ``(1) before the jury that determined the defendant's 
        guilt;
            ``(2) before a jury impaneled for the purpose of the 
        hearing if--
                    ``(A) the defendant was convicted upon a plea of 
                guilty;
                    ``(B) the defendant was convicted after a trial 
                before the court sitting without a jury;
                    ``(C) the jury that determined the defendant's 
                guilt was discharged for good cause; or
                    ``(D) after initial imposition of a sentence under 
                this section, reconsideration of the sentence under the 
                section is necessary; or
            ``(3) before the court alone, upon motion of the defendant 
        and with the approval of the attorney for the Government.
A jury impaneled pursuant to paragraph (2) shall consist of 12 members, 
unless, at any time before the conclusion of the hearing, the parties 
stipulate, with the approval of the court, that it shall consist of a 
lesser number.
    ``(c) Proof of Mitigating and Aggravating Factors.--At the hearing, 
information may be presented as to--
            ``(1) any matter relating to any mitigating factor listed 
        in section 3592 and any other mitigating factor; and
            ``(2) any matter relating to any aggravating factor listed 
        in section 3592 for which notice has been provided under 
        subsection (a) and (if information is presented relating to 
        such a listed factor) any other aggravating factor for which 
        notice has been so provided.
The information presented may include the trial transcript and 
exhibits. Any other information relevant to such mitigating or 
aggravating factors may be presented by either the Government or the 
defendant. The information presented by the Government in support of 
factors concerning the effect of the offense on the victim and the 
victim's family may include oral testimony, a victim impact statement 
that identifies the victim of the offense and the nature and extent of 
harm and loss suffered by the victim and the victim's family, and other 
relevant information. Information is admissible regardless of its 
admissibility under the rules governing admission of evidence at 
criminal trials, except that information may be excluded if its 
probative value is outweighed by the danger of creating unfair 
prejudice, confusing the issues, or misleading the jury. The attorney 
for the Government and for the defendant shall be permitted to rebut 
any information received at the hearing, and shall be given fair 
opportunity to present argument as to the adequacy of the information 
to establish the existence of any aggravating or mitigating factor, and 
as to the appropriateness in that case of imposing a sentence of death. 
The attorney for the Government shall open the argument. The defendant 
shall be permitted to reply. The Government shall then be permitted to 
reply in rebuttal. The burden of establishing the existence of an 
aggravating factor is on the Government, and is not satisfied unless 
the existence of such a factor is established beyond a reasonable 
doubt. The burden of establishing the existence of any mitigating 
factor is on the defendant, and is not satisfied unless the existence 
of such a factor is established by a preponderance of the evidence.
    ``(d) Return of Special Findings.--The jury, or if there is no 
jury, the court, shall consider all the information received during the 
hearing. It shall return special findings identifying any aggravating 
factor or factors set forth in section 3592 found to exist and any 
other aggravating factor for which notice has been provided under 
subsection (a) found to exist. A finding with respect to a mitigating 
factor may be made by one or more members of the jury, and any member 
of the jury who finds the existence of a mitigating factor may consider 
such factor established for purposes of this section regardless of the 
number of jurors who concur that the factor has been established. A 
finding with respect to any aggravating factor must be unanimous. If no 
aggravating factor set forth in section 3592 is found to exist, the 
court shall impose a sentence other than death authorized by law.
    ``(e) Return of a Finding Concerning a Sentence of Death.--If, in 
the case of--
            ``(1) an offense described in section 3591(1), an 
        aggravating factor required to be considered under section 
        3592(b) is found to exist;
            ``(2) an offense described in section 3591 (2) or (6), an 
        aggravating factor required to be considered under section 
        3592(c) is found to exist; or
            ``(3) an offense described in section 3591 (3), (4), or 
        (5), an aggravating factor required to be considered under 
        section 3592(d) is found to exist,
the jury, or if there is no jury, the court, shall then consider 
whether the aggravating factor or factors found to exist under 
subsection (d) outweigh any mitigating factor or factors. The jury, or 
if there is no jury, the court shall recommend a sentence of death if 
it unanimously finds at least one aggravating factor and no mitigating 
factor or if it finds one or more aggravating factors which outweigh 
any mitigating factors. In any other case, it shall not recommend a 
sentence of death. The jury shall be instructed that it must avoid any 
influence of sympathy, sentiment, passion, prejudice, or other 
arbitrary factors in its decision, and should make such a 
recommendation as the information warrants.
    ``(f) Special Precaution To Assure Against Discrimination.--In a 
hearing held before a jury, the court, prior to the return of a finding 
under subsection (e), shall instruct the jury that, in considering 
whether a sentence of death is justified, it shall not be influenced by 
prejudice or bias relating to the race, color, religion, national 
origin, or sex of the defendant or of any victim and that the jury is 
not to recommend a sentence of death unless it has concluded that it 
would recommend a sentence of death for the crime in question no matter 
what the race, color, religion, national origin, or sex of the 
defendant or of any victim may be. The jury, upon return of a finding 
under subsection (e), shall also return to the court a certificate, 
signed by each juror, that prejudice or bias relating to the race, 
color, religion, national origin, or sex of the defendant or any victim 
was not involved in reaching his or her individual decision and that 
the individual juror would have made the same recommendation regarding 
a sentence for the crime in question no matter what the race, color, 
religion, national origin, or sex of the defendant or any victim may 
be.
``Sec. 3594. Imposition of a sentence of death
    ``Upon the recommendation under section 3593(e) that a sentence of 
death be imposed, the court shall sentence the defendant to death. 
Otherwise the court shall impose a sentence, other than death, 
authorized by law. Notwithstanding any other provision of law, if the 
maximum term of imprisonment for the offense is life imprisonment, the 
court may impose a sentence of life imprisonment without the 
possibility of release.
``Sec. 3595. Review of a sentence of death
    ``(a) Appeal.--In a case in which a sentence of death is imposed, 
the sentence shall be subject to review by the court of appeals upon 
appeal by the defendant. Notice of appeal of the sentence must be filed 
within the time specified for the filing of a notice of appeal of the 
judgment of conviction. An appeal of the sentence under this section 
may be consolidated with an appeal of the judgment of conviction and 
shall have priority over all other cases.
    ``(b) Review.--The court of appeals shall review the entire record 
in the case, including--
            ``(1) the evidence submitted during the trial;
            ``(2) the information submitted during the sentencing 
        hearing;
            ``(3) the procedures employed in the sentencing hearing; 
        and
            ``(4) the special findings returned under section 3593(d).
    ``(c) Decision and Disposition.--
            ``(1) Affirmance.--If the court of appeals determines 
        that--
                    ``(A) the sentence of death was not imposed under 
                the influence of passion, prejudice, or any other 
                arbitrary factor;
                    ``(B) the evidence and information support the 
                special findings of the existence of an aggravating 
                factor or factors; and
                    ``(C) the proceedings did not involve any other 
                prejudicial error requiring reversal of the sentence 
                that was properly preserved for and raised on appeal,
        it shall affirm the sentence.
            ``(2) Remand.--In a case in which the sentence is not 
        affirmed under paragraph (1), the court of appeals shall remand 
        the case for reconsideration under section 3593 or for 
        imposition of another authorized sentence as appropriate, 
        except that the court shall not reverse a sentence of death on 
        the ground that an aggravating factor was invalid or was not 
        supported by the evidence and information if at least one 
        aggravating factor required to be considered under section 3592 
        remains which was found to exist and the court, on the basis of 
        the evidence submitted at trial and the information submitted 
        at the sentencing hearing, finds no mitigating factor or finds 
        that the remaining aggravating factor or factors which were 
        found to exist outweigh any mitigating factors.
            ``(3) Statement of reasons.--The court of appeals shall 
        state in writing the reasons for its disposition of an appeal 
        of a sentence of death under this section.
``Sec.  3596. Implementation of a sentence of death
    ``(a) In General.--A person who has been sentenced to death 
pursuant to this chapter shall be committed to the custody of the 
Attorney General until exhaustion of the procedures for appeal of the 
judgment of conviction and for review of the sentence. When the 
sentence is to be implemented, the Attorney General shall release the 
person sentenced to death to the custody of a United States Marshal, 
who shall supervise implementation of the sentence in the manner 
prescribed by the law of the State in which the sentence is imposed. If 
the law of such State does not provide for implementation of a sentence 
of death, the court shall designate another State, the law of which 
does so provide, and the sentence shall be implemented in the manner 
prescribed by such law.
    ``(b) Special Bars To Execution.--A sentence of death shall not be 
carried out upon a person who lacks the mental capacity to understand 
the death penalty and why it was imposed on that person, or upon a 
woman while she is pregnant.
    ``(c) Employees May Decline To Participate.--No employee of any 
State department of corrections, the Federal Bureau of Prisons, or the 
United States Marshals Service, and no employee providing services to 
that department, bureau, or service under contract shall be required, 
as a condition of that employment or contractual obligation, to be in 
attendance at or to participate in any execution carried out under this 
section if such participation is contrary to the moral or religious 
convictions of the employee. For purposes of this subsection, the term 
`participate in any execution' includes personal preparation of the 
condemned individual and the apparatus used for the execution, and 
supervision of the activities of other personnel in carrying out such 
activities.
``Sec. 3597. Use of State facilities
    ``A United States Marshal charged with supervising the 
implementation of a sentence of death may use appropriate State or 
local facilities for the purpose, may use the services of an 
appropriate State or local official or of a person such an official 
employs for the purpose, and shall pay the costs thereof in an amount 
approved by the Attorney General.
``Sec. 3598. Appointment of counsel
    ``(a) Representation of Indigent Defendants.--This section shall 
govern the appointment of counsel for any defendant against whom a 
sentence of death is sought, or on whom a sentence of death has been 
imposed, for an offense against the United States, where the defendant 
is or becomes financially unable to obtain adequate representation. 
Such a defendant shall be entitled to appointment of counsel from the 
commencement of trial proceedings until one of the conditions specified 
in section 3599(b) has occurred. This section shall not affect the 
appointment of counsel and the provision of ancillary legal services 
under section 408(q) (4), (5), (6), (7), (8), (9), and (10) of the 
Controlled Substances Act (21 U.S.C. 848 (q) (4), (5), (6), (7), (8), 
(9), and (10)).
    ``(b) Representation Before Finality of Judgment.--A defendant 
within the scope of this section shall have counsel appointed for trial 
representation as provided in section 3005. At least 1 counsel so 
appointed shall continue to represent the defendant until the 
conclusion of direct review of the judgment, unless replaced by the 
court with other qualified counsel.
    ``(c) Representation After Finality of Judgment.--When a judgment 
imposing a sentence of death has become final through affirmance by the 
Supreme Court on direct review, denial of certiorari by the Supreme 
Court on direct review, or expiration of the time for seeking direct 
review in the court of appeals or the Supreme Court, the Government 
shall promptly notify the district court that imposed the sentence. 
Within 10 days after receipt of such notice, the district court shall 
proceed to make a determination whether the defendant is eligible under 
this section for appointment of counsel for subsequent proceedings. On 
the basis of the determination, the court shall issue an order--
            ``(1) appointing 1 or more counsel to represent the 
        defendant upon a finding that the defendant is financially 
        unable to obtain adequate representation and wishes to have 
        counsel appointed or is unable competently to decide whether to 
        accept or reject appointment of counsel;
            ``(2) finding, after a hearing if necessary, that the 
        defendant rejected appointment of counsel and made the decision 
        with an understanding of its legal consequences; or
            ``(3) denying the appointment of counsel upon a finding 
        that the defendant is financially able to obtain adequate 
        representation.
Counsel appointed pursuant to this subsection shall be different from 
the counsel who represented the defendant at trial and on direct review 
unless the defendant and counsel request a continuation or renewal of 
the earlier representation.
    ``(d) Standards for Competence of Counsel.--In relation to a 
defendant who is entitled to appointment of counsel under this section, 
at least 1 counsel appointed for trial representation must have been 
admitted to the bar for at least 5 years and have at least 3 years of 
experience in the trial of felony cases in the federal district courts. 
If new counsel is appointed after judgment, at least 1 counsel so 
appointed must have been admitted to the bar for at least 5 years and 
have at least 3 years of experience in the litigation of felony cases 
in the Federal courts of appeals or the Supreme Court. The court, for 
good cause, may appoint counsel who does not meet the standards 
prescribed in the 2 preceding sentences, but whose background, 
knowledge, or experience would otherwise enable him or her to properly 
represent the defendant, with due consideration of the seriousness of 
the penalty and the nature of the litigation.
    ``(e) Applicability of Criminal Justice Act.--Except as otherwise 
provided in this section, section 3006A shall apply to appointments 
under this section.
    ``(f) Claims of Ineffectiveness of Counsel.--The ineffectiveness or 
incompetence of counsel during proceedings on a motion under section 
2255 of title 28 in a capital case shall not be a ground for relief 
from the judgment or sentence in any proceeding. This limitation shall 
not preclude the appointment of different counsel at any stage of the 
proceedings.
``Sec. 3599. Collateral attack on judgment imposing sentence of death
    ``(a) Time for Making Section 2255 Motion.--In a case in which a 
sentence of death has been imposed, and the judgment has become final 
as described in section 3598(c), a motion in the case under section 
2255 of title 28 shall be filed within 90 days of the issuance of the 
order relating to appointment of counsel under section 3598(c). The 
court in which the motion is filed, for good cause shown, may extend 
the time for filing for a period not exceeding 60 days. A motion 
described in this section shall have priority over all noncapital 
matters in the district court, and in the court of appeals on review of 
the district court's decision.
    ``(b) Stay of Execution.--The execution of a sentence of death 
shall be stayed in the course of direct review of the judgment and 
during the litigation of an initial motion in the case under section 
2255 of title 28. The stay shall run continuously following imposition 
of the sentence, and shall expire if--
            ``(1) the defendant fails to file a motion under section 
        2255 of title 28 within the time specified in subsection (a), 
        or fails to make a timely application for court of appeals 
        review following the denial of such a motion by a district 
        court;
            ``(2) upon completion of district court and court of 
        appeals review under section 2255 of title 28, the motion under 
        that section is denied and--
                    ``(A) the time for filing a petition for certiorari 
                has expired and no petition has been filed;
                    ``(B) a timely petition for certiorari was filed 
                and the Supreme Court denied the petition; or
                    ``(C) a timely petition for certiorari was filed 
                and upon consideration of the case, the Supreme Court 
                disposed of it in a manner that left the capital 
                sentence undisturbed; or
            ``(3) before a district court, in the presence of counsel 
        and after having been advised of the consequences of the 
        decision to do so, the defendant waives the right to file a 
        motion under section 2255 of title 28.
    ``(c) Finality of Decision on Review.--If one of the conditions 
specified in subsection (b) has occurred, no court thereafter shall 
have the authority to enter a stay of execution or grant relief in the 
case unless--
            ``(1) the basis for the stay and request for relief is a 
        claim not presented in earlier proceedings;
            ``(2) the failure to raise the claim was--
                    ``(A) the result of governmental 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 in earlier 
                proceedings; and
            ``(3) the facts underlying the claim would be sufficient, 
        if proven, to undermine the court's confidence in the 
        determination of guilt on the offense or offenses for which the 
        death penalty was imposed.
``Sec.  3600. Application in Indian country
    ``Notwithstanding sections 1152 and 1153, no person subject to the 
criminal jurisdiction of an Indian tribal government shall be subject 
to a capital sentence under this chapter for any offense the Federal 
jurisdiction for which is predicated solely on Indian country as 
defined in section 1151 and which has occurred within the boundaries of 
such Indian country, unless the governing body of the tribe has made an 
election that this chapter have effect over land and persons subject to 
its criminal jurisdiction.''.
    (b) Technical Amendment.--The part analysis for part II of title 
18, United States Code, is amended by adding after the item relating to 
chapter 227 the following new item:

``228. Death penalty procedures.............................   3591.''.

SEC. 103. CONFORMING AMENDMENT RELATING TO DESTRUCTION OF AIRCRAFT OR 
              AIRCRAFT FACILITIES.

    Section 34 of title 18, United States Code, is amended by striking 
the comma after ``life'' and all that follows through ``order''.

SEC. 104. CONFORMING AMENDMENT RELATING TO ESPIONAGE.

    Section 794(a) of title 18, United States Code, is amended by 
striking the period at the end and inserting ``, except that the 
sentence of death shall not be imposed unless the jury or, if there is 
no jury, the court, further finds beyond a reasonable doubt at a 
hearing under section 3593 that the offense directly concerned--
            ``(1) nuclear weaponry, military spacecraft and satellites, 
        early warning systems, or other means of defense or retaliation 
        against large-scale attack;
            ``(2) war plans;
            ``(3) communications intelligence or cryptographic 
        information;
            ``(4) sources or methods of intelligence or 
        counterintelligence operations; or
            ``(5) any other major weapons system or major element of 
        defense strategy.''.

SEC. 105. CONFORMING AMENDMENT RELATING TO TRANSPORTING EXPLOSIVES.

    Section 844(d) of title 18, United States Code, is amended by 
striking ``as provided in section 34 of this title''.

SEC. 106. CONFORMING AMENDMENT RELATING TO MALICIOUS DESTRUCTION OF 
              FEDERAL PROPERTY BY EXPLOSIVES.

    Section 844(f) of title 18, United States Code, is amended by 
striking ``as provided in section 34 of this title''.

SEC. 107. CONFORMING AMENDMENT RELATING TO MALICIOUS DESTRUCTION OF 
              INTERSTATE PROPERTY BY EXPLOSIVES.

    Section 844(i) of title 18, United States Code, is amended by 
striking ``as provided in section 34 of this title''.

SEC. 108. CONFORMING AMENDMENT RELATING TO MURDER.

    Section 1111(b) of title 18, United States Code, is amended to read 
as follows:
    ``(b) Within the special maritime and territorial jurisdiction of 
the United States--
            ``(1) whoever is guilty of murder in the first degree shall 
        be punished by death or by imprisonment for life; and
            ``(2) whoever is guilty of murder in the second degree 
        shall be imprisoned for any term of years or for life.''.

SEC. 109. CONFORMING AMENDMENT RELATING TO KILLING OFFICIAL GUESTS OR 
              INTERNATIONALLY PROTECTED PERSONS.

    Section 1116(a) of title 18, United States Code, is amended by 
striking the comma after ``title'' and all that follows through 
``years''.

SEC. 110. MURDER BY FEDERAL PRISONER.

    (a) Offense.--Chapter 51 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1118. Murder by a Federal prisoner
    ``(a) Offense.--Whoever, while confined in a Federal prison under a 
sentence for a term of life imprisonment, murders another shall be 
punished by death or by life imprisonment without the possibility of 
release.
    ``(b) Definitions.--For purposes of this section--
            ``(1) `Federal prison' means any Federal correctional, 
        detention, or penal facility, Federal community treatment 
        center, or Federal halfway house, or any such prison operated 
        under contract with the Federal Government; and
            ``(2) `term of life imprisonment' means a sentence for the 
        term of natural life, a sentence commuted to natural life, an 
        indeterminate term of a minimum of at least 15 years and a 
        maximum of life, or an unexecuted sentence of death.''.
    (b) Technical Amendment.--The chapter analysis for chapter 51 of 
title 18, United States Code, is amended by adding at the end the 
following new item:

``1118. Murder by a Federal prisoner.''.

SEC. 111. CONFORMING AMENDMENT RELATING TO KIDNAPPING.

    Section 1201(a) of title 18, United States Code, is amended by 
striking the period at the end and inserting ``and, if the death of any 
person results, shall be punished by death or life imprisonment''.

SEC. 112. CONFORMING AMENDMENT RELATING TO HOSTAGE TAKING.

    Section 1203(a) of title 18, United States Code, is amended by 
striking the period at the end and inserting ``and, if the death of any 
person results, shall be punished by death or life imprisonment''.

SEC. 113. CONFORMING AMENDMENT RELATING TO MAILABILITY OF INJURIOUS 
              ARTICLES.

    The last paragraph of section 1716 of title 18, United States Code, 
is amended by striking the comma after ``life'' and all that follows 
through ``order''.

SEC. 114. CONFORMING AMENDMENT RELATING TO PRESIDENTIAL ASSASSINATION.

    Section 1751(c) of title 18, United States Code, is amended to read 
as follows:
    ``(c) Whoever attempts to murder or kidnap any individual 
designated in subsection (a) shall be punished--
            ``(1) by imprisonment for any term of years or for life; or
            ``(2) if the conduct constitutes an attempt to murder the 
        President of the United States and results in bodily injury to 
        the President or otherwise comes dangerously close to causing 
        the death of the President, by death or imprisonment for any 
        term of years or for life.''.

SEC. 115. CONFORMING AMENDMENT RELATING TO MURDER FOR HIRE.

    Section 1958(a) of title 18, United States Code, is amended by 
striking ``and if death results, shall be subject to imprisonment for 
any term of years or for life, or shall be fined not more than $50,000, 
or both'' and inserting ``and if death results, shall be punished by 
death or life imprisonment, or shall be fined in accordance with this 
title, or both''.

SEC. 116. CONFORMING AMENDMENT RELATING TO VIOLENT CRIMES IN AID OF 
              RACKETEERING ACTIVITY.

    Section 1959(a)(1) of title 18, United States Code, is amended to 
read as follows:
            ``(1) for murder, by death or life imprisonment, or a fine 
        in accordance with this title, or both, and for kidnapping, by 
        imprisonment for any term of years or for life, or a fine in 
        accordance with this title, or both;''.

SEC. 117. CONFORMING AMENDMENT RELATING TO WRECKING TRAINS.

    The penultimate paragraph of section 1992 of title 18, United 
States Code, is amended by striking the comma after ``life'' and all 
that follows through ``order''.

SEC. 118. CONFORMING AMENDMENT RELATING TO BANK ROBBERY.

    Section 2113(e) of title 18, United States Code, is amended by 
striking ``or punished by death if the verdict of the jury shall so 
direct'' and inserting ``or if death results shall be punished by death 
or life imprisonment''.

SEC. 119. CONFORMING AMENDMENT RELATING TO TERRORIST ACTS.

    Section 2332(a)(1) of title 18, United States Code, as redesignated 
by section 601(b)(2), is amended to read as follows:
            ``(1) if the killing is murder as defined in section 
        1111(a), be fined under this title, punished by death or 
        imprisonment for any term of years or for life, or both;''.

SEC. 120. CONFORMING AMENDMENT RELATING TO AIRCRAFT HIJACKING.

    Section 903 of the Federal Aviation Act of 1958 (49 U.S.C. App. 
1473) is amended by striking subsection (c).

SEC. 121. CONFORMING AMENDMENT TO CONTROLLED SUBSTANCES ACT.

    Section 408 of the Controlled Substances Act (21 U.S.C. 848) is 
amended by striking subsections (g), (h), (i), (j), (k), (l), (m), (n), 
(o), (p), (q) (1), (2), and (3), and (r).

SEC. 122. CONFORMING AMENDMENT RELATING TO GENOCIDE.

    Section 1091(b)(1) of title 18, United States Code, is amended by 
striking ``a fine of not more than $1,000,000 and imprisonment for 
life'' and inserting ``death or imprisonment for life and a fine of not 
more than $1,000,000''.

SEC. 123. PROTECTION OF COURT OFFICERS AND JURORS.

    Section 1503 of title 18, United States Code, is amended--
            (1) by inserting ``(a)'' before ``Whoever'';
            (2) in subsection (a), as designated by paragraph (1)--
                    (A) by striking ``commissioner'' each place it 
                appears and inserting ``magistrate judge''; and
                    (B) by striking ``fined not more than $5,000 or 
                imprisoned not more than five years, or both'' and 
                inserting ``punished as provided in subsection (b)''; 
                and
            (3) by adding at the end the following new subsection:
    ``(b) The punishment for an offense under this section is--
            ``(1) in the case of a killing, the punishment provided in 
        sections 1111 and 1112;
            ``(2) in the case of an attempted killing, or a case in 
        which the offense was committed against a petit juror and in 
        which a class A or B felony was charged, imprisonment for not 
        more than 20 years; and
            ``(3) in any other case, imprisonment for not more than 10 
        years.''.

SEC. 124. 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 before subsection (b), as redesignated by 
        paragraph (1), the following new subsection:
    ``(a)(1) Whoever kills or attempts to kill another person with 
intent to retaliate against any person for--
            ``(A) the attendance of a witness or party at an official 
        proceeding, or any testimony given or any record, document, or 
        other object produced by a 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; and
            ``(B) in the case of an attempt, imprisonment for not more 
        than 20 years.''.

SEC. 125. DEATH PENALTY FOR MURDER OF FEDERAL LAW ENFORCEMENT OFFICERS.

    Section 1114 of title 18, United States Code, is amended by 
striking ``be punished as provided under sections 1111 and 1112 of this 
title, except that'' and inserting ``, in the case of murder (as 
defined in section 1111), be punished by death or imprisonment for 
life, and, in the case of manslaughter (as defined in section 1112), be 
punished as provided in section 1112, and''.

SEC. 126. DEATH PENALTY FOR MURDER OF STATE OR LOCAL LAW ENFORCEMENT 
              OFFICERS ASSISTING FEDERAL LAW ENFORCEMENT OFFICERS.

    Section 1114 of title 18, United States Code, is amended by 
inserting ``, or any State or local law enforcement officer while 
assisting, or on account of his or her assistance of, any Federal 
officer or employee covered by this section in the performance of 
duties,'' after ``other statutory authority''.

SEC. 127. IMPLEMENTATION OF THE 1988 PROTOCOL FOR THE SUPPRESSION OF 
              UNLAWFUL ACTS OF VIOLENCE AT AIRPORTS SERVING 
              INTERNATIONAL CIVIL AVIATION.

    (a) Offense.--Chapter 2 of title 18, United States Code, is amended 
by adding at the end the following new section:
``Sec.  36. Violence at international airports
    ``(a) Whoever unlawfully and intentionally, using any device, 
substance or weapon--
            ``(1) performs an act of violence against a person at an 
        airport serving international civil aviation which causes or is 
        likely to cause serious injury or death; or
            ``(2) destroys or seriously damages the facilities of an 
        airport serving international civil aviation or a civil 
        aircraft not in service located thereon or disrupts the 
        services of the airport,
if such an act endangers or is likely to endanger safety at the 
airport, or attempts to do such an act, shall be fined under this 
title, imprisoned not more than 20 years, or both, and if the death of 
any person results from conduct prohibited by this subsection, shall be 
punished by death or imprisoned for any term of years or for life.
    ``(b) There is jurisdiction over the activity prohibited in 
subsection (a) if--
            ``(1) the prohibited activity takes place in the United 
        States; or
            ``(2) the prohibited activity takes place outside the 
        United States and the offender is later found in the United 
        States.''.
    (b) Technical Amendment.--The chapter analysis for chapter 2 of 
title 18, United States Code, is amended by adding at the end the 
following new item:

``36. Violence at international airports.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the later of--
            (1) the date of enactment of this Act; or
            (2) the date on which the Protocol for the Suppression of 
        Unlawful Acts of Violence at Airports Serving International 
        Civil Aviation, Supplementary to the Convention for the 
        Suppression of Unlawful Acts Against the Safety of Civil 
        Aviation, done at Montreal on 23 September 1971, has come into 
        force and the United States has become a party to the Protocol.

SEC. 128. AMENDMENT TO FEDERAL AVIATION ACT.

    Section 902(n) of the Federal Aviation Act of 1958 (49 U.S.C. App. 
1472(n)) is amended--
            (1) by striking paragraph (3); and
            (2) by redesignating paragraph (4) as paragraph (3).

SEC. 129. OFFENSES OF VIOLENCE AGAINST MARITIME NAVIGATION OR FIXED 
              PLATFORMS.

    (a) Offense.--Chapter 111 of title 18, United States Code, is 
amended by adding at the end the following new sections:
``Sec.  2280. Violence against maritime navigation
    ``(a) Offense.--Whoever unlawfully and intentionally--
            ``(1) seizes or exercises control over a ship by force or 
        threat thereof or any other form of intimidation;
            ``(2) performs an act of violence against a person on board 
        a ship if that act is likely to endanger the safe navigation of 
        that ship;
            ``(3) destroys a ship or causes damage to a ship or to its 
        cargo which is likely to endanger the safe navigation of that 
        ship;
            ``(4) places or causes to be placed on a ship, by any means 
        whatsoever, a device or substance which is likely to destroy 
        that ship, or cause damage to that ship or its cargo which 
        endangers or is likely to endanger the safe navigation of that 
        ship;
            ``(5) destroys or seriously damages maritime navigational 
        facilities or seriously interferes with their operation, if 
        such act is likely to endanger the safe navigation of a ship;
            ``(6) communicates information, knowing the information to 
        be false and under circumstances in which such information may 
        reasonably be believed, thereby endangering the safe navigation 
        of a ship;
            ``(7) injures or kills any person in connection with the 
        commission or the attempted commission of an offense described 
        in paragraph (1), (2), (3), (4), (5), or (6); or
            ``(8) attempts to commit any act prohibited under paragraph 
        (1), (2), (3), (4), (5), (6), or (7),
shall be fined under this title, imprisoned not more than 20 years, or 
both, and if the death of any person results from conduct prohibited by 
this subsection, shall be punished by death or imprisoned for any term 
of years or for life.
    ``(b) Threatened Offense.--Whoever threatens to commit any act 
prohibited under subsection (a) (2), (3), or (5), with apparent 
determination and will to carry the threat into execution, if the 
threatened act is likely to endanger the safe navigation of the ship in 
question, shall be fined under this title, imprisoned not more than 5 
years, or both.
    ``(c) Jurisdiction.--There is jurisdiction over the activity 
prohibited in subsections (a) and (b)--
            ``(1) in the case of a covered ship, if--
                    ``(A) such activity is committed--
                            ``(i) against or on board a ship flying the 
                        flag of the United States at the time the 
                        prohibited activity is committed;
                            ``(ii) in the United States; or
                            ``(iii) by a national of the United States 
                        or by a stateless person whose habitual 
                        residence is in the United States;
                    ``(B) during the commission of such activity, a 
                national of the United States is seized, threatened, 
                injured, or killed; or
                    ``(C) the offender is later found in the United 
                States after such activity is committed;
            ``(2) in the case of a ship navigating or scheduled to 
        navigate solely within the territorial sea or internal waters 
        of a country other than the United States, if the offender is 
        later found in the United States after such activity is 
        committed; and
            ``(3) in the case of any vessel, if such activity is 
        committed in an attempt to compel the United States to do or 
        abstain from doing any act.
    ``(d) Delivery of Probable Offender.--The master of a covered ship 
flying the flag of the United States who has reasonable grounds to 
believe that he or she has on board the ship any person who has 
committed an offense under Article 3 of the Convention for the 
Suppression of Unlawful Acts Against the Safety of Maritime Navigation 
may deliver such person to the authorities of a State Party to that 
Convention. Before delivering such person to the authorities of another 
country, the master shall notify in an appropriate manner the Attorney 
General of the United States of the alleged offense and await 
instructions from the Attorney General as to what action the master 
should take. When delivering the person to a country which is a State 
Party to the Convention, the master shall, whenever practicable, and if 
possible before entering the territorial sea of such country, notify 
the authorities of such country of his or her intention to deliver such 
person and the reason therefor. If the master delivers such person, the 
master shall furnish the authorities of such country with the evidence 
in the master's possession that pertains to the alleged offense.
    ``(e) Definitions.--As used in this section--
            ``(1) `ship' means a vessel of any type whatsoever not 
        permanently attached to the seabed, including dynamically 
        supported craft, submersibles or any other floating craft, but 
        does not include a warship, a ship owned or operated by a 
        government when being used as a naval auxiliary or for customs 
        or police purposes, or a ship that has been withdrawn from 
        navigation or laid up;
            ``(2) `covered ship' means a ship that is navigating or is 
        scheduled to navigate into, through, or from waters beyond the 
        outer limit of the territorial sea of a single country or a 
        lateral limit of that country's territorial sea with an 
        adjacent country;
            ``(3) `national of the United States' has the meaning 
        stated in section 101(a)(22) of the Immigration and Nationality 
        Act (8 U.S.C. 1101(a)(22));
            ``(4) `territorial sea of the United States' means all 
        waters extending seaward to 12 nautical miles from the 
        baselines of the United States determined in accordance with 
        international law; and
            ``(5) `United States', when used in a geographical sense, 
        includes the Commonwealth of Puerto Rico, the Commonwealth of 
        the Northern Marianas Islands, and all territories and 
        possessions of the United States.
``Sec.  2281. Violence against maritime fixed platforms
    ``(a) Offense.--Whoever unlawfully and intentionally--
            ``(1) seizes or exercises control over a fixed platform by 
        force or threat thereof or any other form of intimidation;
            ``(2) performs an act of violence against a person on board 
        a fixed platform if that act is likely to endanger its safety;
            ``(3) destroys a fixed platform or causes damage to it 
        which is likely to endanger its safety;
            ``(4) places or causes to be placed on a fixed platform, by 
        any means whatsoever, a device or substance that is likely to 
        destroy the fixed platform or likely to endanger its safety;
            ``(5) injures or kills any person in connection with the 
        commission or attempted commission of an offense described in 
        paragraph (1), (2), (3), or (4); or
            ``(6) attempts to do anything prohibited under paragraphs 
        (1), (2), (3), (4), or (5);
shall be fined under this title, imprisoned not more than 20 years, or 
both, and if death results to any person from conduct prohibited by 
this subsection, shall be punished by death or imprisoned for any term 
of years or for life.
    ``(b) Threatened Offense.--Whoever threatens to do anything 
prohibited under subsection (a) (2) or (3), with apparent determination 
and will to carry the threat into execution, if the threatened act is 
likely to endanger the safety of the fixed platform, shall be fined 
under this title or imprisoned not more than 5 years, or both.
    ``(c) Jurisdiction.--There is jurisdiction over the activity 
prohibited in subsections (a) and (b) if--
            ``(1) such activity is committed against or on board a 
        fixed platform--
                    ``(A) that is located on the continental shelf of 
                the United States;
                    ``(B) that is located on the continental shelf of 
                another country, by a national of the United States or 
                by a stateless person whose habitual residence is in 
                the United States; or
                    ``(C) in an attempt to compel the United States to 
                do or abstain from doing any act;
            ``(2) during the commission of such activity against or on 
        board a fixed platform located on a continental shelf, a 
        national of the United States is seized, threatened, injured or 
        killed; or
            ``(3) such activity is committed against or on board a 
        fixed platform located outside the United States and beyond the 
        continental shelf of the United States and the offender is 
        later found in the United States.
    ``(d) Definitions.--As used in this section--
            ``(1) `continental shelf' means the seabed and subsoil of 
        the submarine areas that extend beyond a country's territorial 
        sea to the limits provided by customary international law as 
        reflected in Article 76 of the 1982 Convention on the Law of 
        the Sea;
            ``(2) `fixed platform' means an artificial island, 
        installation or structure permanently attached to the seabed 
        for the purpose of exploration or exploitation of resources or 
        for other economic purposes;
            ``(3) `national of the United States' has the meaning 
        stated in section 101(a)(22) of the Immigration and Nationality 
        Act (8 U.S.C. 1101(a)(22));
            ``(4) `territorial sea of the United States' means all 
        waters extending seaward to 12 nautical miles from the 
        baselines of the United States determined in accordance with 
        international law; and
            ``(5) `United States', when used in a geographical sense, 
        includes the Commonwealth of Puerto Rico, the Commonwealth of 
        the Northern Marianas Islands, and all territories and 
        possessions of the United States.''.
    (b) Technical Amendment.--The chapter analysis for chapter 111 of 
title 18, United States Code, is amended by adding at the end the 
following new items:

``2280. Violence against maritime navigation.
``2281. Violence against maritime fixed platforms.''.
    (c) Effective Dates.--The amendments made by this section shall 
take effect on the later of--
            (1) the date of enactment of this Act; or
            (2)(A) in the case of section 2280 of title 18, United 
        States Code, the date on which the Convention for the 
        Suppression of Unlawful Acts Against the Safety of Maritime 
        Navigation has come into force and the United States has become 
        a party to that Convention; and
            (B) in the case of section 2281 of title 18, United States 
        Code, the date on which the Protocol for the Suppression of 
        Unlawful Acts Against the Safety of Fixed Platforms Located on 
        the Continental Shelf has come into force and the United States 
        has become a party to that Protocol.

SEC. 130. TORTURE.

    (a) In General.--Part I of title 18, United States Code, is amended 
by inserting after chapter 113A the following new chapter:

                        ``CHAPTER 113B--TORTURE

``Sec.
``2340. Definitions.
``2340A. Torture.
``2340B. Exclusive remedies.
``Sec. 2340. Definitions
    ``As used in this chapter--
            ``(1) `torture' means an act committed by a person acting 
        under the color of law specifically intended to inflict severe 
        physical or mental pain or suffering (other than pain or 
        suffering incidental to lawful sanctions) upon another person 
        within his custody or physical control;
            ``(2) `severe mental pain or suffering' means the prolonged 
        mental harm caused by or resulting from--
                    ``(A) the intentional infliction or threatened 
                infliction of severe physical pain or suffering;
                    ``(B) the administration or application, or 
                threatened administration or application, of mind-
                altering substances or other procedures calculated to 
                disrupt profoundly the senses or the personality;
                    ``(C) the threat of imminent death; or
                    ``(D) the threat that another person will 
                imminently be subjected to death, severe physical pain 
                or suffering, or the administration or application of 
                mind-altering substances or other procedures calculated 
                to disrupt profoundly the senses or personality; and
            ``(3) `United States' includes all areas under the 
        jurisdiction of the United States including any of the places 
        described in sections 5 and 7 of this title and section 101(38) 
        of the Federal Aviation Act of 1958 (49 U.S.C. App. 1301(38)).
``Sec. 2340A. Torture
    ``(a) Offense.--Whoever outside the United States commits or 
attempts to commit torture shall be fined under this title or 
imprisoned not more than 20 years, or both, and if death results to any 
person from conduct prohibited by this subsection, shall be punished by 
death or imprisoned for any term of years or for life.
    ``(b) Jurisdiction.--There is jurisdiction over the activity 
prohibited in subsection (a) if--
            ``(1) the alleged offender is a national of the United 
        States; or
            ``(2) the alleged offender is present in the United States, 
        irrespective of the nationality of the victim or the alleged 
        offender.
``Sec. 2340B. Exclusive remedies
    ``Nothing in this chapter shall be construed as precluding the 
application of State or local laws on the same subject, nor shall 
anything in this chapter be construed as creating any substantive or 
procedural right enforceable by law by any party in any civil 
proceeding.''.
    (b) Technical Amendment.--The part analysis for part I of title 18, 
United States Code, is amended by inserting after the item relating to 
chapter 113A the following new item:

``113B. Torture.............................................   2340.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the later of--
            (1) the date of enactment of this Act; or
            (2) the date on which the United States has become a party 
        to the Convention Against Torture and Other Cruel, Inhuman or 
        Degrading Treatment or Punishment.

SEC. 131. WEAPONS OF MASS DESTRUCTION.

    (a) Findings.--The Congress finds that the use and threatened use 
of weapons of mass destruction (as defined in the amendment made by 
subsection (b)) gravely harm the national security and foreign 
relations interests of the United States, seriously affect interstate 
and foreign commerce, and disturb the domestic tranquility of the 
United States.
    (b) Offense.--Chapter 113A of title 18, United States Code, as 
amended by section 601(b), is amended by adding at the end the 
following new section:
``Sec. 2339A. Use of weapons of mass destruction
    ``(a) Offense.--Whoever uses, or attempts or conspires to use, a 
weapon of mass destruction--
            ``(1) against a national of the United States while such 
        national is outside of the United States;
            ``(2) against any person within the United States; or
            ``(3) against any property that is owned, leased, or used 
        by the United States or by any department or agency of the 
        United States, whether the property is within or outside the 
        United States,
shall be imprisoned for any term of years or for life, and if death 
results, shall be punished by death or imprisoned for any term of years 
or for life.
    ``(b) Definitions.--As used in this section--
            ``(1) `national of the United States' has the meaning 
        stated in section 101(a)(22) of the Immigration and Nationality 
        Act (8 U.S.C. 1101(a)(22)); and
            ``(2) `weapon of mass destruction' means--
                    ``(A) a destructive device (as defined in section 
                921);
                    ``(B) poison gas;
                    ``(C) a weapon involving a disease organism; and
                    ``(D) a weapon that is designed to release 
                radiation or radioactivity at a level dangerous to 
                human life.''.
    (c) Technical Amendment.--The chapter analysis for chapter 113A of 
title 18, United States Code, as amended by section 601(c), is amended 
by adding at the end the following new item:

``2339A. Use of weapons of mass destruction.''.

SEC. 132. HOMICIDES AND ATTEMPTED HOMICIDES INVOLVING FIREARMS IN 
              FEDERAL FACILITIES.

    Section 930 of title 18, United States Code, is amended--
            (1) by redesignating subsections (c), (d), (e), (f), and 
        (g) as subsections (d), (e), (f), (g), and (h), respectively;
            (2) in subsection (a), by striking ``(c)'' and inserting 
        ``(d)''; and
            (3) by inserting after subsection (b) the following new 
        subsection:
    ``(c) Whoever kills or attempts to kill any person in the course of 
a violation of subsection (a) or (b), or in the course of an attack on 
a Federal facility involving the use of a firearm or other dangerous 
weapon, shall--
            ``(1) in the case of a killing constituting murder (as 
        defined in section 1111(a)), be punished by death or imprisoned 
        for any term of years or for life; and
            ``(2) in the case of any other killing or an attempted 
        killing, be subject to the penalties provided for engaging in 
        such conduct within the special maritime and territorial 
        jurisdiction of the United States under sections 1112 and 
        1113.''.

SEC. 133. DEATH PENALTY FOR CIVIL RIGHTS MURDERS.

    (a) Conspiracy Against Rights.--Section 241 of title 18, United 
States Code, is amended by striking ``shall be subject to imprisonment 
for any term of years or for life'' and inserting ``shall be punished 
by death or imprisonment for any term of years or for life''.
    (b) Deprivation of Rights Under Color of Law.--Section 242 of title 
18, United States Code, is amended by striking ``shall be subject to 
imprisonment for any term of years or for life'' and inserting ``shall 
be punished by death or imprisonment for any term of years or for 
life''.
    (c) Federally Protected Activities.--Section 245(b) of title 18, 
United States Code, is amended by striking ``shall be subject to 
imprisonment for any term of years or for life'' and inserting ``shall 
be punished by death or imprisonment for any term of years or for 
life''.
    (d) Damage to Religious Property; Obstruction of the Free Exercise 
of Religious Rights.--Section 247(c)(1) of title 18, United States 
Code, is amended by inserting ``the death penalty or'' before 
``imprisonment''.

SEC. 134. DEATH PENALTY FOR MURDER OF FEDERAL WITNESSES.

    Section 1512(a)(2)(A) of title 18, United States Code, is amended 
to read as follows:
            ``(A) in the case of murder (as defined in section 1111), 
        the death penalty or imprisonment for life, and in the case of 
        any other killing, the punishment provided in section 1112;''.

SEC. 135. 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) Offense.--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 not more than 25 years, and if 
death results shall be punished by death or by imprisonment for any 
term of years or for life.
    ``(b) Definition.--As used in this section, the term `drug 
trafficking activity' means a drug trafficking crime (as defined in 
section 929(a)(2)), or a pattern or series of acts involving one or 
more drug trafficking crimes.''.
    (b) Technical Amendment.--The chapter analysis for chapter 44 of 
title 18, United States Code, is amended by adding at the end the 
following new item:

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

SEC. 136. DEATH PENALTY FOR GUN MURDERS DURING FEDERAL CRIMES OF 
              VIOLENCE AND DRUG TRAFFICKING CRIMES.

    Section 924 of title 18, United States Code, is amended by adding 
at the end the following new subsection:
    ``(i) Whoever, in the course of a violation of subsection (c), 
causes the death of a person through the use of a firearm, shall--
            ``(1) if the killing is a murder (as defined in section 
        1111), be punished by death or by imprisonment for any term of 
        years or for life; and
            ``(2) if the killing is manslaughter (as defined in section 
        1112), be punished as provided in section 1112.''.

SEC. 137. DEATH PENALTY FOR RAPE AND CHILD MOLESTATION MURDERS.

    (a) Offense.--Chapter 109A of title 18, United States Code, is 
amended--
            (1) by redesignating section 2245 as section 2246; and
            (2) by inserting after section 2244 the following new 
        section:
``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) Technical Amendment.--The chapter analysis for chapter 109A of 
title 18, United States Code, is amended by striking the item relating 
to section 2245 and inserting the following:

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

SEC. 138. PROTECTION OF JURORS AND WITNESSES IN CAPITAL CASES.

    Section 3432 of title 18, United States Code, is amended by 
striking the period and inserting: ``, except that the list of the 
veniremen and witnesses need not be furnished if the court finds by a 
preponderance of the evidence that providing the list may jeopardize 
the life or safety of any person.''.

SEC. 139. INAPPLICABILITY TO UNIFORM CODE OF MILITARY JUSTICE.

    The provisions of chapter 228 of title 18, United States Code, as 
added by this Act, shall not apply to prosecutions under the Uniform 
Code of Military Justice (10 U.S.C. 801 et seq.).

SEC. 140. DEATH PENALTY FOR CAUSING DEATH IN THE SEXUAL EXPLOITATION OF 
              CHILDREN.

    Section 2251(d) of title 18, United States Code, is amended by 
adding at the end the following new sentence: ``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. 141. MURDER BY ESCAPED PRISONERS.

    (a) Offense.--Chapter 51 of title 18, United States Code, as 
amended by section 110, is amended by adding at the end the following 
new section:
``Sec. 1119. Murder by escaped prisoners
    ``(a) Offense.--A person who, having escaped from a Federal prison 
where the person was confined under a sentence for a term of life 
imprisonment, kills another person, shall be punished as provided in 
sections 1111 and 1112.
    ``(b) Definition.--As used in this section, the terms `Federal 
prison' and `term of life imprisonment' have the meanings stated in 
section 1118.''.
    (b) Technical Amendment.--The chapter analysis for chapter 51 of 
title 18, United States Code, is amended by adding at the end the 
following new item:

``1119. Murder by escaped prisoners.''.

SEC. 142. DEATH PENALTY FOR MURDERS IN THE DISTRICT OF COLUMBIA.

    Title 18 of the United States Code is amended--
            (a) by adding the following new section at the end of 
        chapter 51:
``Sec. 1118. Capital punishment for murders in the District of Columbia
    ``(a) Offense.-- It is an offense to cause the death of a person 
intentionally, knowingly, or through recklessness manifesting extreme 
indifference to human life, or to cause the death of a person through 
the intentional infliction of serious bodily injury.
    ``(b) Federal Jurisdiction.--There is a federal jurisdiction over 
an offense described in this section if the conduct resulting in death 
occurs in the District of Columbia.
    ``(c) Penalty.--An offense described in this section is a Class A 
felony. A sentence of death may be imposed for an offense described in 
this section as provided in subsections (d)-(1).
    ``(d) Mitigating Factors.--In determining whether to recommend a 
sentence of death, the jury shall consider whether any aspect of the 
defendant's character, background, or record or any circumstance of the 
offense that the defendant may proffer as a mitigating factor exists, 
including the following factors:
            ``(1) Mental Capacity.--The defendant's mental capacity to 
        appreciate the wrongfulness of his conduct or to conform his 
        conduct to the requirements of law was significantly impaired.
            ``(2) Duress.--The defendant was under unusual and 
        substantial duress.
            ``(3) Participation in offense minor.--The defendant is 
        punishable as a principal (pursuant to section 2 of this title) 
        in the offense, which was committed by another, but the 
        defendant's participation was relatively minor.
    ``(e) Aggravating Factors.--In determining whether to recommend a 
sentence of death, the jury shall consider any aggravating factor for 
which notice has been provided under subsection (f), including the 
following factors--
            ``(1) Killing in furtherance of drug trafficking.--The 
        defendant engaged in the conduct resulting in death in the 
        course of or in furtherance of drug trafficking activity.
            ``(2) Killing in the course of other serious violent 
        crimes.--The defendant engaged in the conduct resulting in 
        death in the course of committing or attempting to commit an 
        offense involving robbery, burglary, sexual abuse, kidnaping, 
        or arson.
            ``(3) Multiple killings or endangerment of others.--The 
        defendant committed more than one offense under this section, 
        or in committing the offense knowingly created a grave risk of 
        death to one or more persons in addition to the victim of the 
        offense.
            ``(4) Involvement of firearm.--During and in relation to 
        the commission of the offense, the defendant used or possessed 
        a firearm as defined in section 921 of this title.
            ``(5) Previous conviction of violent felony.--The defendant 
        has previously been convicted of an offense punishable by a 
        term of imprisonment of more than one year that involved the 
        use or attempted or threatened use of force against a person or 
        that involved sexual abuse.
            (6) Killing while incarcerated or under supervision.--The 
        defendant at the time of the offense was confined in or had 
        escaped from a jail, prison, or other correctional or detention 
        facility, was on pre-trial release, or was on probation, 
        parole, supervised release, or other post-conviction 
        conditional release.
            ``(7) Heinous, cruel or depraved manner of commission.--The 
        defendant committed the offense in an especially heinous, 
        cruel, or depraved manner in that it involved torture or 
        serious physical abuse to the victim.
            ``(8) Procurement of the offense by payment.--The defendant 
        procured the commission of the offense by payment, or promise 
        of payment, of anything of pecuniary value.
            ``(9) Commission of the offense for pecuniary gain.--The 
        defendant committed the offense as consideration for receiving, 
        or in the expectation of receiving or obtaining, anything of 
        pecuniary value.
            ``(10) Substantial planning and premeditation.--The 
        defendant committed the offense after substantial planning and 
        premeditation.
            ``(11) Vulnerability of victim.--The victim was 
        particularly vulnerable due to old age, youth, or infirmity.
            ``(12) Killing of public servant.--The defendant committed 
        the offense against a public servant--
                    ``(i) while such public servant was engaged in the 
                performance of his or her official duties;
                    ``(ii) because of the performance of such public 
                servant's official duties; or
                    ``(iii) because of such public servant's status as 
                a public servant.
            ``(13) Killing to interfere with or retaliate against 
        witness.--The defendant committed the offense in order to 
        prevent or inhibit any person from testifying or providing 
        information concerning an offense, or to retaliate against any 
        person for testifying or providing such information.
    ``(f) Notice of Intent To Seek Death Penalty.--If the government 
intends to seek the death penalty for an offense under this section, 
the attorney for the government shall file with the court and serve on 
the defendant a notice of such intent. The notice shall be provided a 
reasonable time before the trial or acceptance of a guilty plea, or at 
such later time as the court may permit for good cause. The notice 
shall set forth the aggravating factor or factors set forth in 
subsection (e) and any other aggravating factor or factors that the 
government will seek to prove as the basis for the death penalty. The 
factors for which notice is provided under this subsection may include 
factors concerning the effect of the offense on the victim and the 
victim's family. The court may permit the attorney for the government 
to amend the notice upon a showing of good cause.
    ``(g) Judge and Jury at Capital Sentencing Hearing.--A hearing to 
determine whether the death penalty will be imposed for an offense 
under this section shall be conducted by the judge who presided at 
trial or accepted a guilty plea, or by another judge if that judge is 
not available. The hearing shall be conducted before the jury that 
determined the defendant's guilt if that jury is available. A new jury 
shall be impaneled for the purpose of the hearing if the defendant 
pleaded guilty, the trial of guilt was conducted without a jury, the 
jury that determined the defendant's guilt was discharged for good 
cause, or reconsideration of the sentence is necessary after the 
initial imposition of a sentence of death. A jury impaneled under this 
subsection shall have twelve members unless the parties stipulate to a 
lesser number at any time before the conclusion of the hearing with the 
approval of the judge. Upon motion of the defendant, with the approval 
of the attorney for the government, the hearing shall be carried out 
before the judge without a jury. If there is no jury, references to 
``the jury'' in this section, where applicable, shall be understood as 
referring to the judge.
    ``(h) Proof of Mitigating and Aggravating Factors.--No presentence 
report shall be prepared if a capital sentencing hearing is held under 
this section. Any information relevant to the existence of mitigating 
factors, or to the existence of aggravating factors for which notice 
has been provided under subsection (f), may be presented by either the 
government or the defendant, regardless of its admissibility under the 
rules governing the admission of evidence at criminal trials, except 
that information may be excluded if its probative value is outweighed 
by the danger of creating unfair prejudice, confusing the issues, or 
misleading the jury. The information presented may include trial 
transcripts and exhibits. The attorney for the government and for the 
defendant shall be permitted to rebut any information received at the 
hearing, and shall be given fair opportunity to present argument as to 
the adequacy of the information to establish the existence of any 
aggravating or mitigating factor, and as to the appropriateness in that 
case of imposing a sentence of death. The attorney for the government 
shall open the argument, the defendant shall be permitted to reply, and 
the government shall then be permitted to reply in rebuttal.
    ``(i) Findings of Aggravating and Mitigating Factors.--The jury 
shall return special findings identifying any aggravating factor or 
factors for which notice has been provided under subsection (f) and 
which the jury unanimously determines have been established by the 
government beyond a reasonable doubt. A mitigating factor is 
established if the defendant has proven its existence by a 
preponderance of the evidence, and any member of the jury who finds the 
existence of such a factor may regard it as established for purposes of 
this section regardless of the number of jurors who concur that the 
factor has been established.
    ``(j) Finding Concerning a Sentence of Death.--If the jury 
specially finds under subsection (i) that one or more aggravating 
factors set forth in subsection (e) exist, and the jury further finds 
unanimously that there are no mitigating factors or that the 
aggravating factor or factors specially found under subsection (i) 
outweigh any mitigating factors, then the jury shall recommend a 
sentence of death. In any other case, the jury shall not recommend a 
sentence of death. The jury shall be instructed that it must avoid any 
influence of sympathy, sentiment, passion, prejudice, or other 
arbitrary factors in its decision, and should make such a 
recommendation as the information warrants.
    ``(k) Special Precaution To Assure Against Discrimination.--In a 
hearing held before a jury, the court, before the return of a finding 
under subsection (j), shall instruct the jury that, in considering 
whether to recommend a sentence of death, it shall not consider the 
race, color, religion, national origin, or sex of the defendant or any 
victim, and that the jury is not to recommend a sentence of death 
unless it has concluded that it would recommend a sentence of death for 
such a crime regardless of the race, color, religion, national origin, 
or sex of the defendant or any victim. The jury, upon the return of a 
finding under subsection (j), shall also return to the court a 
certificate, signed by each juror, that the race, color, religion, 
national origin, or sex of the defendant or any victim did not affect 
the juror's individual decision and that the individual juror would 
have recommended the same sentence for such a crime regardless of the 
race, color, religion, national origin, or sex of the defendant or any 
victim.
    ``(l) Imposition of a Sentence of Death.--Upon a recommendation 
under subsection (j) that a sentence of death be imposed, the court 
shall sentence the defendant to death. Otherwise the court shall impose 
a sentence, other than death, authorized by law.
    ``(m) Review of a Sentence of Death.--
            ``(1) The defendant may appeal a sentence of death under 
        this section by filing a notice of appeal of the sentence 
        within the time provided for filing a notice of appeal of the 
        judgment of conviction. An appeal of a sentence under this 
        subsection may be consolidated within an appeal of the judgment 
        of conviction and shall have priority over all noncapital 
        matters in the court of appeals.
            ``(2) The court of appeals shall review the entire record 
        in the case including the evidence submitted at trial and 
        information submitted during the sentencing hearing, the 
        procedures employed in the sentencing hearing, and the special 
        findings returned under subsection (i). The court of appeals 
        shall uphold the sentence if it determines that the sentence of 
        death was not imposed under the influence of passion, 
        prejudice, or any other arbitrary factor, that the evidence and 
        information support the special findings under subsection (i), 
        and that the proceedings were otherwise free of prejudicial 
        error that was properly preserved for review.
            ``(3) In any other case, the court of appeals shall remand 
        the case for reconsideration of the sentence or imposition of 
        another authorized sentence as appropriate, except that the 
        court shall not reverse a sentence of death on the ground that 
        an aggravating factor was invalid or was not supported by the 
        evidence and information if at least one aggravating factor 
        described in subsection (e) remains which was found to exist 
        and the court, on the basis of the evidence submitted at trial 
        and the information submitted at the sentencing hearing, finds 
        that the remaining aggravating factor or factors which were 
        found to exist outweigh any mitigating factors. The court of 
        appeals shall state in writing the reasons for its disposition 
        of an appeal of a sentence of death under this section.
    ``(n) Implementation of Sentence of Death.--A person sentenced to 
death under this section shall be committed to the custody of the 
Attorney General until exhaustion of the procedures for appeal of the 
judgment of conviction and review of the sentence. When the sentence is 
to be implemented, the Attorney General shall release the person 
sentenced to death to the custody of a United States Marshal. The 
Marshal shall supervise implementation of the sentence in the manner 
prescribed by the law of a State designated by the court. The Marshal 
may use State or local facilities, may use the services of an 
appropriate State or local official or of a person such an official 
employs, and shall pay the costs thereof in an amount approved by the 
Attorney General.
    ``(o) Special Bar To Execution.--A sentence of death shall not be 
carried out upon a woman while she is pregnant.
    ``(p) Conscientious Objection To Participation in Execution.--No 
employee of any State department of corrections, the United States 
Marshals Service, or the Federal Bureau of Prisons, and no person 
providing services to that department, service, or bureau under 
contract shall be required, as a condition of that employment or 
contractual obligation, to be in attendance at or to participate in any 
execution carried out under this section if such participation is 
contrary to the moral or religious convictions of the employee. For 
purposes of this subsection, the term `participate in any execution' 
includes personal preparation of the condemned individual and the 
apparatus used for the execution, and supervision of the activities of 
other personnel in carrying out such activities.
    ``(q) Appointment of Counsel For Indigent Capital Defendants.--A 
defendant against whom a sentence of death is sought, or on whom a 
sentence of death has been imposed, under this section, shall be 
entitled to appointment of counsel from the commencement of trial 
proceedings until one of the conditions specified in subsection (v) has 
occurred, if the defendant is or becomes financially unable to obtain 
adequate representation. Counsel shall be appointed for trial 
representation as provided in section 3005 of this title, and at least 
one counsel so appointed shall continue to represent the defendant 
until the conclusion of direct review of the judgment, unless replaced 
by the court with other qualified counsel. Except as otherwise provided 
in this section, the provisions of section 3006A of this title shall 
apply to appointments under this section.
    ``(r) Representation After Finality of Judgment.--When a judgment 
imposing a sentence of death under this section has become final 
through affirmance by the Supreme Court on direct review, denial of 
certiorari by the Supreme Court on direct review, or expiration of the 
time for seeking direct review in the court of appeals or the Supreme 
Court, the government shall promptly notify the court that imposed the 
sentence. The court, within 10 days of receipt of such notice, shall 
proceed to make determination whether the defendant is eligible for 
appointment of counsel for subsequent proceedings. The court shall 
issue an order appointing one or more counsel to represent the 
defendant upon a finding that the defendant is financially unable to 
obtain adequate representation and wishes to have counsel appointed or 
is unable competently to decide whether to accept or reject appointment 
of counsel. The court shall issue an order denying appointment of 
counsel upon a finding that the defendant is financially able to obtain 
adequate representation or that the defendant rejected appointment of 
counsel with an understanding of the consequences of that decision. 
Counsel appointed pursuant to this subsection shall be different from 
the counsel who represented the defendant at trial and on direct review 
unless the defendant and counsel request a continuation or renewal of 
the earlier representation.
    ``(s) Standards For Competence of Counsel.--In relation to a 
defendant who is entitled to appointment of counsel under subsections 
(q)-(r), at least one counsel appointed for trial representation must 
have been admitted to the bar for at least 5 years and have at least 
three years of experience in the trial of felony cases in the Federal 
district courts. If new counsel is appointed after judgment, at least 
one counsel so appointed must have been admitted to the bar for at 
least 5 years and have at least 3 years of experience in the litigation 
of felony cases in the Federal courts of appeals or the Supreme Court. 
The court, for good cause, may appoint counsel who does not meet these 
standards, but whose background, knowledge, or experience would 
otherwise enable him or her to properly represent the defendant, with 
due consideration of the seriousness of the penalty and the nature of 
the litigation.
    ``(t) Claims of Ineffectiveness of Counsel in Collateral 
Proceedings.--The ineffectiveness or incompetence of counsel during 
proceedings on a motion under section 2255 of title 28, United States 
Code, in a case under this section shall not be a ground for relief 
from the judgment or sentence in any proceeding. This limitation shall 
not preclude the appointment of different counsel at any stage of the 
proceedings.
    ``(u) Time For Collateral Attack on Death Sentence.--A motion under 
section 2255 of title 28, United States Code, attacking a sentence of 
death under this section, or the conviction on which it is predicated, 
must be filed within 90 days of the issuance of the order under 
subsection (r) appointing or denying the appointment of counsel for 
such proceedings. The court in which the motion is filed, for good 
cause shown, may extend the time for filing for a period not exceeding 
60 days. Such a motion shall have priority over all non-capital matters 
in the district court, and in the court of appeals on review of the 
district court's decision.
    ``(v) Stay of Execution.--The execution of a sentence of death 
under this section shall be stayed in the course of direct review of 
the judgment and during the litigation of an initial motion in the case 
under section 2255 of title 28, United States Code. The stay shall run 
continuously following imposition of the sentence and shall expire if--
            ``(1) the defendant fails to file a motion under section 
        2255 of title 28, United States Code, within the time specified 
        in subsection (u), or fails to make a timely application for 
        court of appeals review following the denial of such a motion 
        by a district court;
            ``(2) upon completion of district court and court of 
        appeals review under section 2255 of title 28, United States 
        Code, the Supreme Court disposes of a petition for certiorari 
        in a manner that leaves the capital sentence undisturbed, or 
        the defendant fails to file a timely petition for certiorari; 
        or
            ``(3) before a district court, in the presence of counsel 
        and after having been advised of the consequences of such a 
        decision, the defendant waives the right to file a motion under 
        section 2255 of title 28, United States Code.
    ``(w) Finality of the Decision on Review.--If one of the conditions 
specified in subsection (v) has occurred, no court thereafter shall 
have the authority to enter a stay of execution or grant relief in the 
case unless--
            ``(1) the basis for the stay and request for relief is a 
        claim not presented in earlier proceedings;
            ``(2) the failure to raise the claim is the result of 
        governmental action in violation of the Constitution or laws of 
        the United States, the result of the Supreme Court's 
        recognition of a new Federal right that is retroactively 
        applicable, or the result of the fact that the factual 
        predicate of the claim could not have been discovered through 
        the exercise of reasonable diligence in time to present the 
        claim in earlier proceedings; and
            ``(3) the facts underlying the claim would be sufficient, 
        if proven, to undermine the court's confidence in the 
        determination of guilt on the offense or offenses for which the 
        death penalty was imposed.
    ``(x) Definitions.--For purposes of this section--
            ``(1) `State' has the meaning given in section 513 of this 
        title, including the District of Columbia;
            ``(2) `Offense', as used in paragraphs (2), (5), and (13) 
        of subsection (e), and in paragraph (5) of this subsection, 
        means an offense under the law of the District of Columbia, 
        another State, or the United States;
            ``(3) `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;
            ``(4) `Robbery' means obtaining the property of another by 
        force or threat of force;
            ``(5) `Burglary' means entering or remaining in a building 
        or structure in violation of the law of the District of 
        Columbia, another State, or the United States, with the intent 
        to commit an offense in the building or structure;
            ``(6) `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;
            ``(7) `Arson' means damaging or destroying a building or 
        structure through the use of fire or explosives;
            ``(8) `Kidnapping' means seizing, confining, or abducting a 
        person, or transporting a person without his or her consent;
            ``(9) `Pre-trial release', `probation', `parole', 
        `supervised release', and `other post-conviction conditional 
        release', as used in subsection (e)(6), mean any such release, 
        imposed in relation to a charge or conviction for an offense 
        under the law of the District of Columbia, another State, or 
        the United States; and
            ``(10) `Public servant' means an employee, agent, officer, 
        or official of the District of Columbia, another State, or the 
        United States, or an employee, agent, officer, or official of a 
        foreign government who is within the scope of section 1116 of 
        this title.
    ``(y) When an offense is charged under this section, the government 
may join any charge under the District of Columbia Code that arises 
from the same incident.''; and
            (b) by adding the following at the end of the table of 
        sections for chapter 51:

``1118. Capital punishment for murders in the District of Columbia.''.

                     TITLE II--HABEAS CORPUS REFORM

                Subtitle A--General Habeas Corpus Reform

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Habeas Corpus Reform Act of 
1993''.

SEC. 202. PERIOD OF LIMITATION.

    Section 2244 of title 28, United States Code, is amended by adding 
at the end the following new subsection:
    ``(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--
            ``(1) the time at which State remedies are exhausted;
            ``(2) the time at which the impediment to filing an 
        application created by State action in violation of the 
        Constitution or laws of the United States is removed, where the 
        applicant was prevented from filing by such State action;
            ``(3) the time at which the Federal right asserted was 
        initially recognized by the Supreme Court, where the right has 
        been newly recognized by the Court and is retroactively 
        applicable; or
            ``(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. 203. APPEAL.

    Section 2253 of title 28, United States Code, is amended to read as 
follows:
``Sec. 2253. Appeal
    ``In a habeas corpus proceeding or a proceeding under section 2255 
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.
    ``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.
    ``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, unless a circuit justice or judge 
issues a certificate of probable cause.''.

SEC. 204. AMENDMENT OF FEDERAL RULES OF APPELLATE PROCEDURE.

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

SEC. 205. SECTION 2254 AMENDMENTS.

    Section 2254 of title 28, United States Code, is amended--
            (1) by amending subsection (b) 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.'';
            (2) by redesignating subsections (d), (e), and (f) as 
        subsections (e), (f), and (g), respectively;
            (3) by inserting after subsection (c) the following new 
        subsection:
    ``(d) 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 with respect to any claim that has been fully and fairly 
adjudicated in State proceedings.'';
            (4) by amending subsection (e), as redesignated by 
        paragraph (2), to read as follows:
    ``(e) In a proceeding instituted by an application for a writ of 
habeas corpus by a person in custody pursuant to the judgment of a 
State court, a full and fair determination of a factual issue made in 
the case by a State court shall be presumed to be correct. The 
applicant shall have the burden of rebutting this presumption by clear 
and convincing evidence.''; and
            (5) by adding at the end the following new subsection:
    ``(h) In all proceedings brought under this section, and any 
subsequent proceedings on review, appointment of counsel for a 
petitioner who is or becomes financially unable to afford counsel shall 
be in the discretion of the court, except as provided by a rule 
promulgated by the Supreme Court pursuant to statutory authority. 
Appointment of counsel under this section shall be governed by section 
3006A of title 18, United States Code.''.

SEC. 206. SECTION 2255 AMENDMENTS.

    Section 2255 of title 28, United States Code, is amended--
            (1) by striking the second paragraph and the penultimate 
        paragraph; and
            (2) by adding at the end the following new paragraphs:
    ``A two-year period of limitation shall apply to a motion under 
this section. The limitation period shall run from the latest of--
            ``(1) the time at which the judgment of conviction becomes 
        final;
            ``(2) the time at which the impediment to making a motion 
        created by governmental action in violation of the Constitution 
        or laws of the United States is removed, where the movant was 
        prevented from making a motion by such governmental action;
            ``(3) the time at which the right asserted was initially 
        recognized by the Supreme Court, where the right has been newly 
        recognized by the Court and is retroactively applicable; or
            ``(4) the time at which the factual predicate of the claim 
        or claims presented could have been discovered through the 
        exercise of reasonable diligence.
    ``In all proceedings brought under this section, and any subsequent 
proceedings on review, appointment of counsel for a movant who is or 
becomes financially unable to afford counsel shall be in the discretion 
of the court, except as provided by a rule promulgated by the Supreme 
Court pursuant to statutory authority. Appointment of counsel under 
this section shall be governed by section 3006A of title 18, United 
States Code.''.

            Subtitle B--Death Penalty Litigation Procedures

SEC. 211. SHORT TITLE FOR SUBTITLE B.

    This subtitle may be cited as the ``Death Penalty Litigation 
Procedures Act of 1993''.

SEC. 212. DEATH PENALTY LITIGATION PROCEDURES.

    (a) Addition of Chapter to Title 28, United States Code.--Title 28, 
United States Code, is amended by inserting after chapter 153 the 
following new chapter:

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

``Sec.
``2256. Prisoners in State custody subject to capital sentence; 
                            appointment of counsel; requirement of rule 
                            of court or statute; procedures for 
                            appointment.
``2257. Mandatory stay of execution; duration; limits on stays of 
                            execution; successive petitions.
``2258. Filing of habeas corpus petition; time requirements; tolling 
                            rules.
``2259. Evidentiary hearings; scope of Federal review; district court 
                            adjudication.
``2260. Certificate of probable cause inapplicable.
``2261. Application to state unitary review procedures.
``2262. Limitation periods for determining petitions.
``2263. Rule of construction.
``Sec. 2256. Prisoners in State custody subject to capital sentence; 
              appointment of counsel; requirement of rule of court or 
              statute; procedures for appointment
    ``(a) Application of Chapter.--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) Establishment of Appointment Mechanism.--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) Offer of Counsel.--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 1 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) Previous Representation.--No counsel appointed pursuant to 
subsections (b) and (c) to represent a State prisoner under capital 
sentence shall have previously represented the prisoner at trial or on 
direct appeal in the case for which the appointment is made unless the 
prisoner and counsel expressly request continued representation.
    ``(e) No Ground for Relief.--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. This limitation shall not preclude the 
appointment of different counsel, on the court's own motion or at the 
request of the prisoner, at any phase of State or Federal 
postconviction proceedings on the basis of the ineffectiveness or 
incompetence of counsel in such proceedings.
``Sec. 2257. Mandatory stay of execution; duration; limits on stays of 
              execution; successive petitions
    ``(a) Stay.--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) Expiration of Stay.--A stay of execution granted pursuant to 
subsection (a) shall expire if--
            ``(1) a State prisoner fails to file a habeas corpus 
        petition under section 2254 within the time required in section 
        2258, or fails to make a timely application for court of 
        appeals review following the denial of such a petition by a 
        district court;
            ``(2) upon completion of district court and court of 
        appeals review under section 2254 the petition for relief is 
        denied and--
                    ``(A) the time for filing a petition for certiorari 
                has expired and no petition has been filed;
                    ``(B) a timely petition for certiorari was filed 
                and the Supreme Court denied the petition; or
                    ``(C) a timely petition for certiorari was filed 
                and upon consideration of the case, the Supreme Court 
                disposed of it in a manner that left the capital 
                sentence undisturbed; or
            ``(3) before a court of competent jurisdiction, in the 
        presence of counsel and after having been advised of the 
        consequences of his decision, a State prisoner under capital 
        sentence waives the right to pursue habeas corpus review under 
        section 2254.
    ``(c) Limitation on Further Stay.--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 180 days from the filing 
in the appropriate State court of record of an order under section 
2256(c). The time requirements established by this section shall be 
tolled--
            ``(1) from the date that a petition for certiorari is filed 
        in the Supreme Court until the date of final disposition of the 
        petition if a State prisoner files the petition to secure 
        review by the Supreme Court of the affirmance of a capital 
        sentence on direct review by the court of last resort of the 
        State or other final State court decision on direct review;
            ``(2) during any period in which a State prisoner under 
        capital sentence has a properly filed request for 
        postconviction review pending before a State court of competent 
        jurisdiction; if all State filing rules are met in a timely 
        manner, this period shall run continuously from the date that 
        the State prisoner initially files for postconviction review 
        until final disposition of the case by the highest court of the 
        State, but the time requirements established by this section 
        are not tolled during the pendency of a petition for certiorari 
        before the Supreme Court except as provided in paragraph (1); 
        and
            ``(3) during an additional period not to exceed 60 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) Review of Record; Hearing.--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) Adjudication.--Upon the development of a complete evidentiary 
record, the district court shall rule on the claims that are properly 
before it, but the court shall not grant relief from a judgment of 
conviction or sentence on the basis of any claim that was fully and 
fairly adjudicated in State proceedings.
``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 this chapter except when a second or 
successive petition is filed.
``Sec. 2261. Application to State unitary review procedure
    ``(a) In General.--For purposes of this section, the term `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. 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) Offer of Counsel.--A unitary review procedure, to qualify 
under this section, must include an offer of counsel following trial 
for the purpose of representation on unitary review, and entry of an 
order, as provided in section 2256(c), concerning appointment of 
counsel or waiver or denial of appointment of counsel for that purpose. 
No counsel appointed to represent the prisoner in the unitary review 
proceedings shall have previously represented the prisoner at trial in 
the case for which the appointment is made unless the prisoner and 
counsel expressly request continued representation.
    ``(c) Application of Other Sections.--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, the start of 
the 180-day limitation period under section 2258 shall be deferred 
until a transcript is made available to the prisoner or the prisoner's 
counsel.
``Sec. 2262. Limitation periods for determining petitions
    ``(a) In General.--The adjudication of any petition under section 
2254 that is subject to this chapter, and the adjudication of any 
motion under section 2255 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 110 days of filing.
            ``(2)(A) The court of appeals shall hear and determine any 
        appeal relating to such a petition or motion within 90 days 
        after the notice of appeal is filed.
            ``(B) The court of appeals shall decide any application for 
        rehearing en banc within 20 days of the filing of the 
        application unless a responsive pleading is required, in which 
        case the court of appeals shall decide the application within 
        20 days of the filing of the responsive pleading. If en banc 
        consideration is granted, the en banc court shall determine the 
        appeal within 90 days of the decision to grant such 
        consideration.
            ``(3) The Supreme Court shall act on any application for a 
        writ of certiorari relating to such a petition or motion within 
        90 days after the application is filed.
    ``(b) Application of Section.--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 redetermination 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) Rule of Construction.--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) No Ground for Relief.--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) Report.--The Administrative Office of the 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) Technical Amendment.--The part analysis for part IV of title 
28, United States Code, is amended by adding after the item relating to 
chapter 153 the following new item:

``154. Special habeas corpus procedures in capital cases....   2256.''.

  Subtitle C--Equalization of Capital Habeas Corpus Litigation Funding

SEC. 221. 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 inserting after section 
511 the following new section:

                ``funding for death penalty prosecutions

    ``Sec. 511A. Notwithstanding any other provision of this part, 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 III--EXCLUSIONARY RULE

SEC. 301. ADMISSIBILITY OF CERTAIN EVIDENCE.

    (a) In General.--Chapter 223 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 3509. Admissibility of evidence obtained by search or seizure
    ``(a) Evidence Obtained by Objectively Reasonable Search or 
Seizure.--Evidence that 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) Technical Amendment.--The chapter analysis for chapter 223 of 
title 28, United States Code, is amended by adding at the end the 
following new item:

``3509. Admissibility of evidence obtained by search or seizure.''.

                 TITLE IV--RURAL CRIME AND DRUG CONTROL

              Subtitle A--Drug Trafficking in Rural Areas

SEC. 401. AUTHORIZATIONS FOR RURAL LAW ENFORCEMENT AGENCIES.

    (a) Authorization of Appropriations.--Section 1001(a) of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 is amended by 
adding at the end the following new paragraph:
            ``(7) There are authorized to be appropriated $50,000,000 
        for fiscal year 1994 and such sums as are necessary for fiscal 
        years 1995 and 1996 to carry out part O of this title.''.
    (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. 402. 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.
    (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. 403. 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) 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 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. 404. 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 is authorized to be 
appropriated to carry out subsection (a) $1,000,000 for each of fiscal 
years 1994, 1995, and 1996.

            Subtitle B--Rural Drug Prevention and Treatment

SEC. 411. RURAL SUBSTANCE ABUSE TREATMENT AND EDUCATION GRANTS.

    Part A of title V of the Public Health Service Act (42 U.S.C. 290aa 
et seq.) is amended by adding at the end the following new section:

``SEC. 509H. RURAL SUBSTANCE ABUSE TREATMENT.

    ``(a) In General.--The Director of the Office for Treatment 
Improvement (referred to in this section as the `Director') shall 
establish a program to provide grants to hospitals, community health 
centers, migrant health centers, health entities of Indian tribes and 
tribal organizations (as defined in section 1913(b)(5)), and other 
appropriate entities that serve nonmetropolitan areas to assist such 
entities in developing and implementing projects that provide, or 
expand the availability of, substance abuse treatment services.
    ``(b) Requirements.--To receive a grant under this section a 
hospital, community health center, or treatment facility shall--
            ``(1) serve a nonmetropolitan area or have a substance 
        abuse treatment program that is designed to serve a 
        nonmetropolitan area;
            ``(2) operate, or have a plan to operate, an approved 
        substance abuse treatment program;
            ``(3) agree to coordinate the project assisted under this 
        section with substance abuse treatment activities within the 
        State and local agencies responsible for substance abuse 
        treatment; and
            ``(4) prepare and submit an application in accordance with 
        subsection (c).
    ``(c) Application.--
            ``(1) In general.--To be eligible to receive a grant under 
        this section an entity shall submit an application to the 
        Director at such time, in such manner, and containing such 
        information as the Director shall require.
            ``(2) Coordinated applications.--State agencies that are 
        responsible for substance abuse treatment may submit 
        coordinated grant applications on behalf of entities that are 
        eligible for grants pursuant to subsection (b).
    ``(d) Prevention Programs.--
            ``(1) In general.--Each entity receiving a grant under this 
        section may use a portion of such grant funds to further 
        community-based substance abuse prevention activities.
            ``(2) Regulations.--The Director, in consultation with the 
        Director of the Office of Substance Abuse Prevention, shall 
        promulgate regulations regarding the activities described in 
        paragraph (1).
    ``(e) Special Consideration.--In awarding grants under this section 
the Director shall give priority to--
            ``(1) projects sponsored by rural hospitals that are 
        qualified to receive rural health care transition grants as 
        provided for in section 4005(e) of the Omnibus Budget 
        Reconciliation Act of 1987;
            ``(2) projects serving nonmetropolitan areas that establish 
        links and coordinate activities between hospitals, community 
        health centers, community mental health centers, and substance 
        abuse treatment centers; and
            ``(3) projects that are designed to serve areas that have 
        no available existing treatment facilities.
    ``(f) Duration.--Grants awarded under subsection (a) shall be for a 
period not to exceed 3 years, except that the Director may establish a 
procedure for renewal of grants under subsection (a).
    ``(g) Geographic Distribution.--To the extent practicable, the 
Director shall provide grants to fund at least one project in each 
State.
    ``(h) Authorization of Appropriations.--For the purpose of carrying 
out this section there is authorized to be appropriated $25,000,000 for 
each of fiscal years 1994 and 1995.''.

                  Subtitle C--Rural Areas Enhancement

SEC. 421. ASSET FORFEITURE.

    The 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 
enforcement agencies.

SEC. 422. PROSECUTION OF CLANDESTINE LABORATORY OPERATORS.

    (a) Criminal Charges.--State and Federal prosecutors, when bringing 
charges against the operators of clandestine methamphetamine and other 
dangerous drug laboratories, shall, to the fullest extent possible, 
include, in addition to drug-related counts, counts involving 
infringements of the Resource Conservation and Recovery Act or any 
other environmental protection Act, including--
            (1) illegal disposal of hazardous waste; and
            (2) knowing endangerment of the environment.
    (b) Civil Actions.--Federal prosecutors may bring suit against the 
operators of clandestine methamphetamine and other dangerous drug 
laboratories for environmental and health related damages caused by the 
operators in their manufacture of illicit substances.

                TITLE V--FIREARMS AND RELATED AMENDMENTS

SEC. 501. SMUGGLING FIREARMS IN AID OF DRUG TRAFFICKING.

    Section 924 of title 18, United States Code, as amended by section 
136, is amended by adding at the end the following new subsection:
    ``(j) Whoever, with the intent to engage in or to promote conduct 
that--
            ``(1) is punishable under the Controlled Substances Act (21 
        U.S.C. 801 et seq.), the Controlled Substances Import and 
        Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law 
        Enforcement Act (46 U.S.C. App. 1901 et seq.);
            ``(2) violates any law of a State relating to any 
        controlled substance (as defined in section 102 of the 
        Controlled Substances Act (21 U.S.C. 802)); or
            ``(3) constitutes a crime of violence (as defined in 
        subsection (c)(3) of this section),
smuggles or knowingly brings into the United States a firearm, or 
attempts to do so, shall be imprisoned not more than 10 years, fined 
under this title, or both.''.

SEC. 502. PROHIBITION AGAINST THEFT OF FIREARMS OR EXPLOSIVES.

    (a) Firearms.--Section 924 of title 18, United States Code, is 
amended by adding at the end the following new subsection:
    ``(j) Whoever steals any firearm which is moving as, or is a part 
of, or which has moved in, interstate or foreign commerce shall be 
imprisoned not more than 10 years, fined in accordance with this title, 
or both.''.
    (b) Explosives.--Section 844 of title 18, United States Code, is 
amended by adding at the end the following new subsection:
    ``(j) Whoever steals any explosive materials which are moving as, 
or are a part of, or which have moved in, interstate or foreign 
commerce shall be imprisoned not more than 10 years, fined in 
accordance with this title, or both.''.

SEC. 503. INCREASED PENALTY FOR KNOWINGLY FALSE, MATERIAL STATEMENT IN 
              CONNECTION WITH THE ACQUISITION OF A FIREARM FROM A 
              LICENSED DEALER.

    Section 924(a) of title 18, United States Code, is amended--
            (1) in paragraph (1)(B) by striking ``(a)(6),''; and
            (2) in paragraph (2) by inserting ``(a)(6),'' after 
        ``subsection''.

SEC. 504. SUMMARY DESTRUCTION OF EXPLOSIVES SUBJECT TO FORFEITURE.

    Section 844(c) of title 18, United States Code, is amended--
            (1) by inserting ``(1)'' before ``Any''; and
            (2) by adding at the end the following new paragraphs:
    ``(2) Notwithstanding paragraph (1), in the case of the seizure of 
any explosive materials for any offense for which the materials would 
be subject to forfeiture where it is impracticable or unsafe to remove 
the materials to a place of storage, or where it is unsafe to store 
them, the seizing officer may destroy the explosive materials 
forthwith. Any destruction under this paragraph shall be in the 
presence of at least one credible witness. The seizing officer shall 
make a report of the seizure and take samples as the Secretary may by 
regulation prescribe.
    ``(3) Within 60 days after any destruction made pursuant to 
paragraph (2), the owner of, including any person having an interest 
in, the property so destroyed may make application to the Secretary for 
reimbursement of the value of the property. If the claimant establishes 
to the satisfaction of the Secretary that--
            ``(A) the property has not been used or involved in a 
        violation of law; or
            ``(B) any unlawful involvement or use of the property was 
        without the claimant's knowledge, consent, or willful 
        blindness,
the Secretary shall make an allowance to the claimant not exceeding the 
value of the property destroyed.''.

SEC. 505. ELIMINATION OF OUTMODED LANGUAGE RELATING TO PAROLE.

    Section 924 of title 18, United States Code, is amended--
            (1) in subsection (c)(1) by striking ``No person sentenced 
        under this subsection shall be eligible for parole during the 
        term of imprisonment imposed herein.''; and
            (2) in subsection (e)(1) by striking ``, and such person 
        shall not be eligible for parole with respect to the sentence 
        imposed under this subsection''.

SEC. 506. RECEIPT OF FIREARMS BY NONRESIDENT.

    Section 922(a) of title 18, United States Code, is amended--
            (1) in paragraph (7)(C) by striking ``and'';
            (2) in paragraph (8)(C) by striking the period and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(9) for any person, other than a licensed importer, 
        licensed manufacturer, licensed dealer, or licensed collector, 
        who does not reside in any State to receive any firearms unless 
        such receipt is for lawful sporting purposes.''.

SEC. 507. PROHIBITION OF THEFT OF FIREARMS OR EXPLOSIVES FROM LICENSEE.

    (a) Firearms.--Section 924 of title 18, United States Code, as 
amended by section 402(a), is amended by adding at the end the 
following new subsection:
    ``(k) Whoever steals any firearm from a licensed importer, licensed 
manufacturer, licensed dealer, or licensed collector shall be fined in 
accordance with this title, imprisoned not more than 10 years, or 
both.''.
    (b) Explosives.--Section 844 of title 18, United States Code, as 
amended by section 402(b), is amended by adding at the end the 
following new subsection:
    ``(k) Whoever steals any explosive material from a licensed 
importer, licensed manufacturer, licensed dealer, or permittee shall be 
fined in accordance with this title, imprisoned not more than 10 years, 
or both.''.

SEC. 508. INCREASED PENALTY FOR INTERSTATE GUN TRAFFICKING.

    Section 924 of title 18, United States Code, as amended by section 
407(a), is amended by adding at the end the following new subsection:
    ``(l) Whoever, with the intent to engage in conduct that 
constitutes a violation of section 922(a)(1)(A), travels from any State 
or foreign country into any other State and acquires, or attempts to 
acquire, a firearm in such other State in furtherance of such purpose 
shall be imprisoned for not more than 10 years.''.

SEC. 509. PROHIBITION OF TRANSACTIONS INVOLVING STOLEN FIREARMS WHICH 
              HAVE MOVED IN INTERSTATE OR FOREIGN COMMERCE.

    Section 922(j) of title 18, United States Code, is amended to read 
as follows:
    ``(j) It shall be unlawful for any person to receive, possess, 
conceal, store, barter, sell, or dispose of any stolen firearm or 
stolen ammunition, or pledge or accept as security for a loan any 
stolen firearm or stolen ammunition, which is moving as, which is a 
part of, which constitutes, or which has been shipped or transported 
in, interstate or foreign commerce, either before or after it was 
stolen, knowing or having reasonable cause to believe that the firearm 
or ammunition was stolen.''.

SEC. 510. POSSESSION OF EXPLOSIVES BY FELONS AND OTHERS.

    Section 842(i) of title 18, United States Code, is amended by 
inserting ``or possess'' after ``to receive''.

SEC. 511. DISPOSITION OF FORFEITED FIREARMS.

    Subsection 5872(b) of the Internal Revenue Code of 1986 is amended 
to read as follows:
    ``(b) Disposal.--In the case of the forfeiture of any firearm, 
where there is no remission or mitigation of forfeiture thereof--
            ``(1) the Secretary may retain the firearm for official use 
        of the Department of the Treasury or, if not so retained, offer 
        to transfer the weapon without charge to any other executive 
        department or independent establishment of the Government for 
        official use by it and, if the offer is accepted, so transfer 
        the firearm;
            ``(2) if the firearm is not disposed of pursuant to 
        paragraph (1), is a firearm other than a machinegun or firearm 
        forfeited for a violation of this chapter, is a firearm that in 
        the opinion of the Secretary is not so defective that its 
        disposition pursuant to this paragraph would create an 
        unreasonable risk of a malfunction likely to result in death or 
        bodily injury, and is a firearm which (in the judgment of the 
        Secretary, taking into consideration evidence of present value 
        and evidence that like firearms are not available except as 
        collector's items, or that the value of like firearms available 
        in ordinary commercial channels is substantially less) derives 
        a substantial part of its monetary value from the fact that it 
        is novel or rare or because of its association with some 
        historical figure, period, or event, the Secretary may sell the 
        firearm, after public notice, at public sale to a dealer 
        licensed under chapter 44 of title 18, United States Code;
            ``(3) if the firearm has not been disposed or pursuant to 
        paragraph (1) or (2), the Secretary shall transfer the firearm 
        to the Administrator of General Services, who shall destroy or 
        provide for the destruction of such firearm; and
            ``(4) no decision or action of the Secretary pursuant to 
        this subsection shall be subject to judicial review.''.

SEC. 512. DEFINITION OF BURGLARY UNDER THE ARMED CAREER CRIMINAL 
              STATUTE.

    Section 924(e)(2) of title 18, United States Code, is amended--
            (1) by striking ``and'' at the end of subparagraph (B);
            (2) by striking the period at the end of subparagraph (C) 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
            ``(D) the term `burglary' means a crime that--
                    ``(i) consists of entering or remaining 
                surreptitiously within a building that is the property 
                of another person with intent to engage in conduct 
                constituting a Federal or State offense; and
                    ``(ii) is punishable by a term of imprisonment 
                exceeding 1 year.''.

                     TITLE VI--JUVENILES AND GANGS

SEC. 601. SHORT TITLE.

    Short Title.--This title may be cited as the ``Anti-Gang and 
Juvenile Offenders Act of 1993''.

 Subtitle A--Increased Penalties for Employing Children to Distribute 
                   Drugs Near Schools and Playgrounds

SEC. 611. STRENGTHENED FEDERAL PENALTIES.

    Section 419 of the Controlled Substances Act (21 U.S.C. 860) is 
amended--
            (1) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively; and
            (2) by inserting after subsection (b) the following new 
        subsection:
    ``(c) Notwithstanding any other law, any person at least 18 years 
of age who knowingly and intentionally--
            ``(1) employs, hires, uses, persuades, induces, entices, or 
        coerces a person under 18 years of age to violate this section; 
        or
            ``(2) employs, hires, uses, persuades, induces, entices, or 
        coerces a person under 18 years of age to assist in avoiding 
        detection or apprehension for any offense under this section by 
        any Federal, State, or local law enforcement official,
is punishable by a term of imprisonment, a fine, or both, up to triple 
those authorized by section 401.''.

                    Subtitle B--Antigang Provisions

SEC. 621. GRANT PROGRAM.

    Part B of title II of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5631 et seq.) is amended--
            (1) by inserting after the part heading the following 
        subpart heading:

                 ``Subpart I--General Grant Programs'';

        and
            (2) by adding at the end the following new subpart:

   ``Subpart II--Juvenile Drug Trafficking and Gang Prevention Grants

                            ``formula grants

    ``Sec. 231. (a) Authorization.--The Administrator may make grants 
to States, units of general local government, private not-for-profit 
anticrime organizations, or combinations thereof to assist them in 
planning, establishing, operating, coordinating, and evaluating 
projects, directly or through grants and contracts with public and 
private agencies, for the development of more effective programs 
including prevention and enforcement programs to reduce--
            ``(1) the formation or continuation of juvenile gangs; and
            ``(2) the use and sale of illegal drugs by juveniles.
    ``(b) Particular Purposes.--The grants made under this section can 
be used for any of the following specific purposes:
            ``(1) To reduce the participation of juveniles in drug-
        related crimes (including drug trafficking and drug use), 
        particularly in and around elementary and secondary schools.
            ``(2) To reduce juvenile involvement in organized crime, 
        drug and gang-related activity, particularly activities that 
        involve the distribution of drugs by or to juveniles.
            ``(3) To develop within the juvenile justice system, 
        including the juvenile corrections system, innovative means to 
        address the problems of juveniles convicted of serious drug-
        related and gang-related offenses.
            ``(4) To reduce juvenile drug and gang-related activity in 
        public housing projects.
            ``(5) To reduce and prevent juvenile drug and gang-related 
        activity in rural areas.
            ``(6) To provide technical assistance and training to 
        personnel and agencies responsible for the adjudicatory and 
        corrections components of the juvenile justice system to--
                    ``(A) identify drug-dependent or gang-involved 
                juvenile offenders; and
                    ``(B) provide appropriate counseling and treatment 
                to such offenders.
            ``(7) To promote the involvement of all juveniles in lawful 
        activities, including in-school and after-school programs for 
        academic, athletic, or artistic enrichment that also teach that 
        drug and gang involvement are wrong.
            ``(8) To facilitate Federal and State cooperation with 
        local school officials to develop education, prevention, and 
        treatment programs for juveniles who are likely to participate 
        in drug trafficking, drug use, or gang-related activities.
            ``(9) To prevent juvenile drug and gang involvement in 
        public housing projects through programs establishing youth 
        sports and other activities, including girls' and boys' clubs, 
        scout troops, and little leagues.
            ``(10) To provide pre- and post-trial drug abuse treatment 
        to juveniles in the juvenile justice system with the highest 
        possible priority to providing drug abuse treatment to drug-
        dependent pregnant juveniles and drug-dependent juvenile 
        mothers.
            ``(11) To provide education and treatment programs for 
        juveniles exposed to severe violence in their homes, schools, 
        or neighborhoods.
            ``(12) To establish sports mentoring and coaching programs 
        in which athletes serve as role models for juveniles to teach 
        that athletics provides a positive alternative to drug and gang 
        involvement.

                   ``authorization of appropriations

    ``Sec. 232. There are authorized to be appropriated $100,000,000 
for fiscal year 1994 and such sums as are necessary for fiscal year 
1995 to carry out this subpart.

                         ``allocation of funds

    ``Sec. 233. The amounts appropriated for this subpart for any 
fiscal year shall be allocated as follows:
            ``(1) $500,000 or 1.0 percent, whichever is greater, shall 
        be allocated to each of the States.
            ``(2) Of the funds remaining after the allocation under 
        paragraph (1), there shall be allocated to each State an amount 
        that bears the same ratio to the amount of remaining funds 
        described in this paragraph as the population of juveniles 
        residing in the State bears to the population of juveniles 
        residing in all the States.

                             ``application

    ``Sec. 234. (a) In General.--Each State or entity applying for a 
grant under section 231 shall submit an application to the 
Administrator in such form and containing such information as the 
Administrator shall prescribe.
    ``(b) Regulations.--To the extent practicable, the Administrator 
shall prescribe regulations governing applications for this subpart 
that are substantially similar to the regulations governing 
applications required under subpart I of this part and subpart II of 
part C, including the regulations relating to competition.''.

SEC. 622. CONFORMING REPEALER AND AMENDMENTS.

    (a) Repeal of Part D.--Part D of title II of the Juvenile Justice 
and Delinquency Prevention Act of 1974 (42 U.S.C. 5667 et seq.) is 
repealed, and part E of title II of that Act is redesignated as part D.
    (b) Authorization of Appropriations.--Section 291 of title II of 
the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 
5671) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1) by striking ``(1)'' and by 
                striking ``(other than part D)''; and
                    (B) by striking paragraph (2); and
            (2) in subsection (b) by striking ``(other than part D)''.

SEC. 623. CRIMINAL STREET GANGS.

    (a) In General.--Title 18, United States Code, is amended by 
inserting after chapter 25 the following new chapter:

                  ``CHAPTER 26--CRIMINAL STREET GANGS

``Sec.
``521.  Criminal street gangs.
``Sec. 521. Criminal street gangs
    ``(a) Enhanced Penalty.--A person who, under the circumstances 
described in subsection (c), commits an offense described in subsection 
(b), shall, in addition to any other sentence authorized by law, be 
sentenced to a term of imprisonment of not more than 10 years and may 
also be fined under this title. A sentence of imprisonment imposed 
under this subsection shall run consecutively to any other sentence 
that is imposed.
    ``(b) Offenses.--The offenses referred to in subsection (a) are--
            ``(1) a Federal felony involving a controlled substance (as 
        defined in section 102 of the Controlled Substances Act (21 
        U.S.C. 802));
            ``(2) a Federal felony crime of violence;
            ``(3) a felony violation of the Controlled Substances Act 
        (21 U.S.C. 801 et seq.), the Controlled Substances Import and 
        Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law 
        Enforcement Act (46 U.S.C. App. 1901 et seq.); and
            ``(4) a conspiracy to commit an offense described in 
        paragraph (1), (2), or (3).
    ``(c) Circumstances.--The circumstances referred to in subsection 
(a) are--
            ``(1) that the offense described in subsection (b) was 
        committed by a member of, on behalf of, or in association with 
        a criminal street gang; and
            ``(2) within 5 years prior to the date of the offense, the 
        offender had been convicted of--
                    ``(A) an offense described in subsection (b);
                    ``(B) a State offense that--
                            ``(i) involves a controlled substance (as 
                        defined in section 102 of the Controlled 
                        Substances Act (21 U.S.C. 802)); or
                            ``(ii) is a crime of violence for which the 
                        maximum penalty is more than 1 year's 
                        imprisonment;
                    ``(C) a Federal or State offense that involves the 
                theft or destruction of property for which the maximum 
                penalty is more than 1 year's imprisonment; or
                    ``(D) a conspiracy to commit an offense described 
                in subparagraph (A), (B), or (C).
    ``(d) Definitions.--For purposes of this section--
            ``(1) the term `criminal street gang' means a group, club, 
        organization, or association of 5 or more persons--
                    ``(A) whose members engage, or have engaged within 
                the past 5 years, in a continuing series of any of the 
                offenses described in subsection (b); and
                    ``(B) whose activities affect interstate or foreign 
                commerce; and
            ``(2) the term `conviction' includes a finding, under State 
        or Federal law, that a person has committed an act of juvenile 
        delinquency involving a violent felony or controlled substances 
        felony.''.
    (b) Technical Amendment.--The part analysis for part I of title 18, 
United States Code, is amended by inserting after the item relating to 
chapter 25 the following new item:

``26. Criminal street gangs.................................     521''.

                     Subtitle C--Juvenile Penalties

SEC. 631. TREATMENT OF VIOLENT JUVENILES AS ADULTS.

    (a) Designation of Undesignated Paragraphs.--Section 5032 of title 
18, United States Code, is amended by designating the first, second, 
third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, and 
eleventh undesignated paragraphs as subsections (a), (b), (c), (d), 
(e), (f), (g), (h), (i), (j), and (k), respectively.
    (b) Jurisdiction Over Certain Firearms Offenses.--Section 5032(a) 
of title 18, United States Code, as designated by subsection (a), is 
amended by striking ``922(p)'' and inserting ``924 (b), (g), or (h)''.
    (c) Adult Status of Juveniles Who Commit Firearms Offenses.--
Section 5032(d) of title 18, United States Code, as designated by 
subsection (a), is amended to read as follows:
    ``(d)(1) Except as provided in paragraphs (2) and (3), a juvenile 
who is alleged to have committed an act of juvenile delinquency and who 
is not surrendered to State authorities shall be proceeded against 
under this chapter unless the juvenile has requested in writing upon 
advice of counsel to be proceeded against as an adult.
    ``(2) With respect to a juvenile 15 years and older alleged to have 
committed an act after his or her 15th birthday which if committed by 
an adult would be a felony that is a crime of violence or an offense 
described in section 401 of the Controlled Substances Act (21 U.S.C. 
841), section 1002(a), 1005, or 1009 of the Controlled Substances 
Import and Export Act (21 U.S.C. 952(a), 955, 959), or section 924 (b), 
(g), or (h) of this title, criminal prosecution on the basis of the 
alleged act may be begun by motion to transfer of the Attorney General 
in the appropriate district court of the United States, if such court 
finds, after hearing, that such a transfer would be in the interest of 
justice.
    ``(3) A juvenile who is alleged to have committed an act after his 
or her 16th birthday which if committed by an adult would be a felony 
offense that has as an element thereof the use, attempted use, or 
threatened use of physical force against the person of another, or 
that, by its very nature, involves a substantial risk that physical 
force against the person of another may be used in committing the 
offense, or would be an offense described in section 32, 81, 844 (d), 
(e), (f), (h), (i) or 2275 of this title, subsection (b)(1) (A), (B), 
or (C), (d), or (e) of section 401 of the Controlled Substances Act, or 
section 1002(a), 1003, 1009, or 1010(b) (1), (2), or (3) of the 
Controlled Substances Import and Export Act (21 U.S.C. 952(a), 953, 
959, 960(b) (1), (2), and (3)), and who has previously been found 
guilty of an act which if committed by an adult would have been one of 
the offenses set forth in this subsection or an offense in violation of 
a State felony statute that would have been such an offense if a 
circumstance giving rise to Federal jurisdiction had existed, shall be 
transferred to the appropriate district court of the United States for 
criminal prosecution.''.

SEC. 632. SERIOUS DRUG OFFENSES BY JUVENILES AS ARMED CAREER CRIMINAL 
              ACT PREDICATES.

    (a) Act of Juvenile Delinquency.--Section 924(e)(2)(A) of title 18, 
United States Code, as amended by section 422, is amended--
            (1) by striking ``or'' at the end of clause (ii);
            (2) by striking ``and'' at the end of clause (iii) and 
        inserting ``or''; and
            (3) by adding at the end the following new clause:
                    ``(iv) any act of juvenile delinquency that, if it 
                were committed by an adult, would be punishable under 
                section 401(b)(1)(A) of the Controlled Substances Act 
                (21 U.S.C. 841(b)(1)(A)); and''.
    (b) Serious Drug Offense.--Section 924(e)(2)(C) of title 18, United 
States Code, is amended by adding ``or serious drug offense'' after 
``violent felony''.

SEC. 633. CERTAINTY OF PUNISHMENT FOR YOUNG OFFENDERS.

    (a) Amendment of the Omnibus Crime Control and Safe Streets Act of 
1968.--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 P as part Q;
            (2) by redesignating section 1601 as section 1701; and
            (3) by inserting after part O the following new part:

         ``PART P--ALTERNATIVE PUNISHMENTS FOR YOUNG OFFENDERS

``SEC. 1601. GRANT AUTHORIZATION.

    ``(a) In General.--The Director of the Bureau of Justice Assistance 
(referred to in this part as the `Director') may make grants under this 
part to States, for the use by States and units of local government in 
the States, for the purpose of developing alternative methods of 
punishment for young offenders to traditional forms of incarceration 
and probation.
    ``(b) Alternative Methods.--The alternative methods of punishment 
referred to in subsection (a) should ensure certainty of punishment for 
young offenders and promote reduced recidivism, crime prevention, and 
assistance to victims, particularly for young offenders who can be 
punished more effectively in an environment other than a traditional 
correctional facility, including--
            ``(1) alternative sanctions that create accountability and 
        certainty of punishment for young offenders;
            ``(2) boot camp prison programs;
            ``(3) technical training and support for the implementation 
        and maintenance of State and local restitution programs for 
        young offenders;
            ``(4) innovative projects;
            ``(5) correctional options, such as community-based 
        incarceration, weekend incarceration, and electric monitoring 
        of offenders;
            ``(6) community service programs that provide work service 
        placement for young offenders at nonprofit, private 
        organizations and community organizations;
            ``(7) demonstration restitution projects that are evaluated 
        for effectiveness; and
            ``(8) innovative methods that address the problems of young 
        offenders convicted of serious substance abuse, including 
        alcohol abuse, and gang-related offenses, including technical 
        assistance and training to counsel and treat such offenders.

``SEC. 1602. STATE APPLICATIONS.

    ``(a) In General.--(1) To request a grant under this part, the 
chief executive of a State shall submit an application to the Director 
in such form and containing such information as the Director may 
reasonably require.
    ``(2) An application under paragraph (1) shall include assurances 
that Federal funds received under this part shall be used to 
supplement, not supplant, non-Federal funds that would otherwise be 
available for activities funded under this part.
    ``(b) State Office.--The office designated under section 507 of 
title I--
            ``(1) shall prepare the application required under section 
        1602; and
            ``(2) shall administer grant funds received under this 
        part, including, review of spending, processing, progress, 
        financial reporting, technical assistance, grant adjustments, 
        accounting, auditing, and fund disbursement.

``SEC. 1603. REVIEW OF STATE APPLICATIONS.

    ``(a) In General.--The Bureau shall make a grant under section 
1601(a) to carry out the projects described in the application 
submitted by an applicant under section 1602 upon determining that--
            ``(1) the application is consistent with the requirements 
        of this part; and
            ``(2) before the approval of the application, the Bureau 
        has made an affirmative finding in writing that the proposed 
        project has been reviewed in accordance with this part.
    ``(b) Approval.--Each application submitted under section 1602 
shall be considered approved, in whole or in part, by the Bureau not 
later than 45 days after first received unless the Bureau informs the 
applicant of specific reasons for disapproval.
    ``(c) Restriction.--Grant funds received under this part shall not 
be used for land acquisition or construction projects, other than 
alternative facilities described in section 1601(b) for young 
offenders.
    ``(d) Disapproval Notice and Reconsideration.--The Bureau shall not 
disapprove any application without first affording the applicant 
reasonable notice and an opportunity for reconsideration.

``SEC. 1604. LOCAL APPLICATIONS.

    ``(a) In General.--(1) To request funds under this part from a 
State, the chief executive of a unit of local government shall submit 
an application to the office designated under section 1602(b).
    ``(2) An application under paragraph (1) shall be considered 
approved, in whole or in part, by the State not later than 45 days 
after such application is first received unless the State informs the 
applicant in writing of specific reasons for disapproval.
    ``(3) The State shall not disapprove any application submitted to 
the State without first affording the applicant reasonable notice and 
an opportunity for reconsideration.
    ``(4) If an application under paragraph (1) is approved, the unit 
of local government is eligible to receive the funds requested.
    ``(b) Distribution to Units of Local Government.--A State that 
receives funds under section 1601 in a fiscal year shall make such 
funds available to units of local government with an application that 
has been submitted and approved by the State within 45 days after the 
Bureau has approved the application submitted by the State and has made 
funds available to the State. The Director may waive the 45-day 
requirement in this section upon a finding that the State is unable to 
satisfy the requirement of the preceding sentence under State statutes.

``SEC. 1605. ALLOCATION AND DISTRIBUTION OF FUNDS.

    ``(a) State Distribution.--Of the total amount appropriated for 
this part in any fiscal year--
            ``(1) 1.0 percent shall be allocated to each of the 
        participating States; and
            ``(2) of the total funds remaining after the allocation 
        under paragraph (1), there shall be allocated to each of the 
        participating States an amount that bears the same ratio to the 
        amount of remaining funds described in this paragraph as the 
        number of young offenders in the State bears to the number of 
        young offenders in all the participating States.
    ``(b) Local Distribution.--(1) A State that receives funds under 
this part in a fiscal year shall distribute to units of local 
government in the State for the purposes specified under section 1601 
the portion of those funds that bears the same ratio to the aggregate 
amount of those funds as the amount of funds expended by all units of 
local government for criminal justice in the preceding fiscal year 
bears to the aggregate amount of funds expended by the State and all 
units of local government in the State for criminal justice in the 
preceding fiscal year.
    ``(2) Any funds not distributed to units of local government under 
paragraph (1) shall be available for expenditure by the State for 
purposes specified under section 1601.
    ``(3) If the Director determines, on the basis of information 
available during any fiscal year, that a portion of the funds allocated 
to a State for the fiscal year will not be used by the State or that a 
State is not eligible to receive funds under section 1601, the Director 
shall award such funds to units of local government in the State giving 
priority to the units of local government that the Director considers 
to have the greatest need.
    ``(c) Federal Share.--The Federal share of a grant made under this 
part may not exceed 75 percent of the total costs of the projects 
described in the application submitted under section 1602(a) for the 
fiscal year for which the projects receive assistance under this part.

``SEC. 1606. EVALUATION.

    ``(a) In General.--(1) Each State and local unit of government that 
receives a grant under this part shall submit to the Director an 
evaluation not later than March 1 of each year in accordance with 
guidelines issued by the Director and in consultation with the National 
Institute of Justice.
    ``(2) The Director may waive the requirement specified in 
subsection (a) if the Director determines that such evaluation is not 
warranted in the case of the State or unit of local government 
involved.
    ``(b) Distribution.--The Director shall make available to the 
public on a timely basis evaluations received under subsection (a).
    ``(c) Administrative Costs.--A State and local unit of government 
may use not more than 5 percent of funds it receives under this part to 
develop an evaluation program under this section.''.
    (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 matter relating to part P and 
inserting the following:

         ``Part P--Alternative Punishments for Young Offenders

``Sec. 1601. Grant authorization.
``Sec. 1602. State applications.
``Sec. 1603. Review of State applications.
``Sec. 1604. Local applications.
``Sec. 1605. Allocation and distribution of funds.
``Sec. 1606. Evaluation.
             ``Part Q--Transition; Effective Date; Repealer

``Sec. 1701. Continuation of rules, authorities, and proceedings.''.
    (c) Definition.--Section 901(a) of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3791(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (22);
            (2) by striking the period at the end of paragraph (23) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(24) The term `young offender' means an individual 28 
        years of age or younger.''.
    (d) 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(a)), as amended by section 1401(e), is amended--
            (1) in paragraph (3) by striking ``and O'' and inserting 
        ``O, and P''; and
            (2) by adding at the end the following new paragraph:
    ``(10) There is authorized to be appropriated $200,000,000 for each 
of the fiscal years 1994, 1995, and 1996 to carry out projects under 
part P.''.

                      Subtitle D--Other Provisions

SEC. 641. BINDOVER SYSTEM FOR CERTAIN VIOLENT JUVENILES.

    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) by striking ``and'' at the end of paragraph (20);
            (2) by striking the period at the end of paragraph (21) and 
        inserting ``; and''; and
            (3) by inserting after paragraph (21) the following new 
        paragraph:
            ``(22) programs that address the need for effective 
        bindover systems for the prosecution of violent 16- and 17-
        year-olds in courts with jurisdiction over adults for the 
        crimes of--
                    ``(A) murder in the first degree;
                    ``(B) murder in the second degree;
                    ``(C) attempted murder;
                    ``(D) armed robbery when armed with a firearm;
                    ``(E) aggravated battery or assault when armed with 
                a firearm;
                    ``(F) criminal sexual penetration when armed with a 
                firearm; and
                    ``(G) drive-by shootings as described in section 
                931 of title 18, United States Code.''.

SEC. 642. GANG INVESTIGATION COORDINATION AND INFORMATION COLLECTION.

    (a) Coordination.--The Attorney General (or the Attorney General's 
designee), in consultation with the Secretary of the Treasury (or the 
Secretary's designee), shall develop a national strategy to coordinate 
gang-related investigations by Federal law enforcement agencies.
    (b) Data Collection.--The Director of the Federal Bureau of 
Investigation shall acquire and collect information on incidents of 
gang violence for inclusion in an annual uniform crime report.
    (c) Report.--The Attorney General shall prepare a report on 
national gang violence outlining the strategy developed under 
subsection (a) to be submitted to the President and Congress by January 
1, 1994.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated for fiscal year 1994 such sums as are necessary to carry 
out this section.

SEC. 643. CLARIFICATION OF REQUIREMENT THAT ANY PRIOR RECORD OF A 
              JUVENILE BE PRODUCED BEFORE THE COMMENCEMENT OF JUVENILE 
              PROCEEDINGS.

    Section 5032(j) of title 18, United States Code, as designated by 
section 301(a), is amended by striking ``Any proceedings against a 
juvenile under this chapter or as an adult shall not be commenced 
until'' and inserting ``A juvenile shall not be transferred to adult 
prosecution nor shall a hearing be held under section 5037 until''.

             TITLE VII--TERRORISM AND INTERNATIONAL MATTERS

SEC. 701. TERRORISM CIVIL REMEDY.

    (a) Reinstatement of Law.--The amendments made by section 132 of 
the Military Construction Appropriations Act, 1991 (104 Stat. 2250), 
are repealed effective as of April 10, 1991.
    (b) Terrorism.--Chapter 113A of title 18, United States Code, as 
amended by subsection (a), is amended--
            (1) in section 2331 (as in effect prior to enactment of the 
        Military Construction Appropriations Act, 1991) by striking 
        subsection (d) and redesignating subsection (e) as subsection 
        (d);
            (2) by redesignating section 2331 (as in effect prior to 
        enactment of the Military Construction Appropriations Act, 
        1991) as section 2332 and amending the heading for section 
        2332, as redesignated, to read as follows:
``Sec. 2332. Criminal penalties'';
            (3) by inserting before section 2332, as redesignated by 
        paragraph (2), the following new section:
``Sec. 2331. Definitions
    ``In this chapter--
            ```act of war' means any act occurring in the course of--
                    ``(A) declared war;
                    ``(B) armed conflict, whether or not war has been 
                declared, between two or more nations; or
                    ``(C) armed conflict between military forces of any 
                origin.
            ```international terrorism' means activities that--
                    ``(A) involve violent acts or acts dangerous to 
                human life that are a violation of the criminal laws of 
                the United States or of any State, or that would be a 
                criminal violation if committed within the jurisdiction 
                of the United States or of any State;
                    ``(B) appear to be intended--
                            ``(i) to intimidate or coerce a civilian 
                        population;
                            ``(ii) to influence the policy of a 
                        government by intimidation or coercion; or
                            ``(iii) to affect the conduct of a 
                        government by assassination or kidnapping; and
                    ``(C) occur primarily outside the territorial 
                jurisdiction of the United States, or transcend 
                national boundaries in terms of the means by which they 
                are accomplished, the persons they appear intended to 
                intimidate or coerce, or the locale in which their 
                perpetrators operate or seek asylum.
            ```national of the United States' has the meaning given 
        such term in section 101(a)(22) of the Immigration and 
        Nationality Act.
            ```person' means any individual or entity capable of 
        holding a legal or beneficial interest in property.''; and
            (4) by inserting after section 2332, as redesignated by 
        paragraph (2), the following new sections:
``Sec. 2333. Civil remedies
    ``(a) Action and Jurisdiction.--Any national of the United States 
injured in his or her person, property, or business by reason of an act 
of international terrorism, or his or her estate, survivors, or heirs, 
may sue therefor in any appropriate district court of the United States 
and shall recover threefold the damages he or she sustains and the cost 
of the suit, including attorney's fees.
    ``(b) Estoppel Under United States Law.--A final judgment or decree 
rendered in favor of the United States in any criminal proceeding under 
section 1116, 1201, 1203, or 2332 of this title or section 902 (i), 
(k), (l), (n), or (r) of the Federal Aviation Act of 1958 (49 U.S.C. 
App. 1472 (i), (k), (l), (n), and (r)) shall estop the defendant from 
denying the essential allegations of the criminal offense in any 
subsequent civil proceeding under this section.
    ``(c) Estoppel Under Foreign Law.--A final judgment or decree 
rendered in favor of any foreign state in any criminal proceeding 
shall, to the extent that such judgment or decree may be accorded full 
faith and credit under the law of the United States, estop the 
defendant from denying the essential allegations of the criminal 
offense in any subsequent civil proceeding under this section.
``Sec. 2334. Jurisdiction and venue
    ``(a) General Venue.--Any civil action under section 2333 of this 
title against any person may be instituted in the district court of the 
United States for any district where any plaintiff resides or where any 
defendant resides or is served, or has an agent. Process in such a 
civil action may be served in any district where the defendant resides, 
is found, or has an agent.
    ``(b) Special Maritime or Territorial Jurisdiction.--If the actions 
giving rise to the claim occurred within the special maritime and 
territorial jurisdiction of the United States, any civil action under 
section 2333 against any person may be instituted in the district court 
of the United States for any district in which any plaintiff resides or 
the defendant resides, is served, or has an agent.
    ``(c) Service on Witnesses.--A witness in a civil action brought 
under section 2333 may be served in any other district where the 
defendant resides, is found, or has an agent.
    ``(d) Convenience of the Forum.--The district court shall not 
dismiss any action brought under section 2333 on the grounds of the 
inconvenience or inappropriateness of the forum chosen, unless--
            ``(1) the action may be maintained in a foreign court that 
        has jurisdiction over the subject matter and over all the 
        defendants;
            ``(2) that foreign court is significantly more convenient 
        and appropriate; and
            ``(3) that foreign court offers a remedy that is 
        substantially the same as the one available in the courts of 
        the United States.
``Sec. 2335. Limitation of actions
    ``(a) In General.--Subject to subsection (b), a suit for recovery 
of damages under section 2333 shall not be maintained unless commenced 
within 4 years from the date the cause of action accrued.
    ``(b) Calculation of Period.--The time of the absence of the 
defendant from the United States or from any jurisdiction in which the 
same or a similar action arising from the same facts may be maintained 
by the plaintiff, or any concealment of the defendant's whereabouts, 
shall not be counted for the purposes of the period of limitation 
prescribed by subsection (a).
``Sec. 2336. Other limitations
    ``(a) Acts of War.--No action shall be maintained under section 
2333 for injury or loss by reason of an act of war.
    ``(b) Limitation on Discovery.--If a party to an action under 
section 2333 seeks to discover the investigative files of the 
Department of Justice, the attorney for the Government may object on 
the ground that compliance will interfere with a criminal investigation 
or prosecution of the incident, or a national security operation 
related to the incident, which is the subject of the civil litigation. 
The court shall evaluate any objections raised by the Government in 
camera and shall stay the discovery if the court finds that granting 
the discovery request will substantially interfere with a criminal 
investigation or prosecution of the incident or a national security 
operation related to the incident. The court shall consider the 
likelihood of criminal prosecution by the Government and other factors 
it deems to be appropriate. A stay of discovery under this subsection 
shall constitute a bar to the granting of a motion to dismiss under 
rules 12(b)(6) and 56 of the Federal Rules of Civil Procedure.
    ``(c) Stay of Action for Civil Remedies.--(1) The Attorney General 
may intervene in any civil action brought under section 2333 for the 
purpose of seeking a stay of the civil action. A stay shall be granted 
if the court finds that the continuation of the civil action will 
substantially interfere with a criminal prosecution which involves the 
same subject matter and in which an indictment has been returned, or 
interfere with national security operations related to the terrorist 
incident that is the subject of the civil action. A stay may be granted 
for up to 6 months. The Attorney General may petition the court for an 
extension of the stay for additional 6-month periods until the criminal 
prosecution is completed or dismissed.
    ``(2) In a proceeding under this subsection, the Attorney General 
may request that any order issued by the court for release to the 
parties and the public omit any reference to the basis on which the 
stay was sought.
``Sec. 2337. Suits against Government officials
    ``No action shall be maintained under section 2333 against--
            ``(1) the United States, an agency of the United States, or 
        an officer or employee of the United States or any agency 
        thereof acting within the officer's or employee's official 
        capacity or under color of legal authority; or
            ``(2) a foreign state, an agency of a foreign state, or an 
        officer or employee of a foreign state or an agency thereof 
        acting within the officer's or employee's official capacity or 
        under color of legal authority.
``Sec. 2338. Exclusive Federal jurisdiction
    ``The district courts of the United States shall have exclusive 
jurisdiction over an action brought under this chapter.''.
    (c) Technical Amendments.--(1) The chapter analysis for chapter 
113A of title 18, United States Code is amended to read as follows:

                       ``Chapter 113A--Terrorism

``Sec.
``2331. Definitions.
``2332. Criminal penalties.
``2333. Civil remedies.
``2334. Jurisdiction and venue.
``2335. Limitation of actions.
``2336. Other limitations.
``2337. Suits against government officials.
``2338. Exclusive Federal jurisdiction.''.
    (2) The item relating to chapter 113A in the part analysis for part 
1 of title 18, United States Code, is amended to read as follows:

``113A. Terrorism...........................................    2331''.
    (d) Effective Date.--This section and the amendments made by this 
section shall apply to any pending case or any cause of action arising 
on or after 4 years before the date of enactment of this Act.

SEC. 702. PROVIDING MATERIAL SUPPORT TO TERRORISTS.

    (a) Offense.--Chapter 113A of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 2339. Providing material support to terrorists
    ``Whoever, within the United States, provides material support or 
resources or conceals or disguises the nature, location, source, or 
ownership of material support or resources, knowing or intending that 
they are to be used to facilitate a violation of section 32, 36, 351, 
844 (f) or (i), 1114, 1116, 1203, 1361, 1363, 1751, 2280, 2281, 2332, 
or 2339A of this title or section 902(i) of the Federal Aviation Act of 
1958 (49 U.S.C. App. 1472(i)), or to facilitate the concealment or an 
escape from the commission of any of the foregoing, shall be fined 
under this title, imprisoned not more than 10 years, or both. For 
purposes of this section, material support or resources includes 
currency or other financial securities, financial services, lodging, 
training, safehouses, false documentation or identification, 
communications equipment, facilities, weapons, lethal substances, 
explosives, personnel, transportation, and other physical assets.''.
    (b) Technical Amendment.--The chapter analysis for chapter 113A of 
title 18, United States Code, as amended by section 601(b)(1), is 
amended by adding at the end the following new item:

``2339. Providing material support to terrorists.''.

SEC. 703. FORFEITURE OF ASSETS USED TO SUPPORT TERRORISTS.

    Section 982(a) of title 18, United States Code, is amended by 
adding at the end the following new paragraph:
            ``(5) Any property, real or personal--
                    ``(A) used or intended for use in committing or to 
                facilitate the concealment or an escape from the 
                commission of; or
                    ``(B) constituting or derived from the gross 
                profits or other proceeds obtained from,
        a violation of section 32, 36, 351, 844 (f) or (i), 1114, 1116, 
        1203, 1361, 1363, 1751, 2280, 2281, 2332, or 2339A of this 
        title or section 902(i) of the Federal Aviation Act of 1958 (49 
        U.S.C. 1472(i)).''.

SEC. 704. ALIEN WITNESS COOPERATION.

    (a) Amendment of Chapter 224 of Title 18.--Chapter 224 of title 18, 
United States Code, is amended--
            (1) by redesignating section 3528 as section 3529; and
            (2) by inserting after section 3527 the following new 
        section:
``Sec. 3528. Aliens; waiver of admission requirements
    ``(a) In General.--Upon authorizing protection to any alien under 
this chapter, the United States shall provide the alien with 
appropriate immigration visas and allow the alien to remain in the 
United States so long as that alien abides by all laws of the United 
States and guidelines, rules and regulations for protection. The 
Attorney General may determine that the granting of permanent resident 
status to such alien is in the public interest and necessary for the 
safety and protection of such alien without regard to the alien's 
admissibility under immigration or any other laws and regulations or 
the failure to comply with such laws and regulations pertaining to 
admissibility.
    ``(b) Alien With Felony Convictions.--Notwithstanding any other 
provision of this chapter, an alien who would not be excluded because 
of felony convictions shall be considered for permanent residence on a 
conditional basis for a period of 2 years. Upon a showing that the 
alien is still being provided protection, or that protection remains 
available to the alien in accordance with this chapter, or that the 
alien is still cooperating with the Government and has maintained good 
moral character, the Attorney General shall remove the conditional 
basis of the status effective as of the second anniversary of the 
alien's obtaining the status of admission for permanent residence. 
Permanent resident status shall not be granted to an alien who would be 
excluded because of felony convictions unless the Attorney General 
determines, pursuant to regulations which shall be prescribed by the 
Attorney General, that granting permanent residence status to the alien 
is necessary in the interests of justice and comports with safety of 
the community.
    ``(c) Limit on Number of Aliens.--The number of aliens and members 
of their immediate families entering the United States under the 
authority of this section shall in no case exceed 200 persons in any 
fiscal year. The decision to grant or deny permanent resident status 
under this section is at the discretion of the Attorney General and 
shall not be subject to judicial review.
    ``(d) Definitions.--As used in this section, the terms `alien' and 
`United States' have the meanings stated in section 101 of the 
Immigration and Nationality Act (8 U.S.C. 1101).''.
    (b) Technical Amendment.--The chapter analysis for chapter 224 of 
title 18, United States Code, is amended by striking the item relating 
to section 3528 and inserting the following:

``3528. Aliens; waiver of admission requirements.
``3529. Definition.''.

SEC. 705. TERRITORIAL SEA EXTENDING TO 12 MILES INCLUDED IN SPECIAL 
              MARITIME AND TERRITORIAL JURISDICTION.

    The Congress declares that all the territorial sea of the United 
States, as defined by Presidential Proclamation 5928 of December 27, 
1988, is part of the United States, subject to its sovereignty, and, 
for purposes of Federal criminal jurisdiction, is within the special 
maritime and territorial jurisdiction of the United States wherever 
that term is used in title 18, United States Code.

SEC. 706. ASSIMILATED CRIMES IN EXTENDED TERRITORIAL SEA.

    Section 13 of title 18, United States Code is amended--
            (1) in subsection (a), by inserting after ``title'' the 
        following: ``or on, above, or below any portion of the 
        territorial sea of the United States not within the territory 
        of any State, territory, possession, or district''; and
            (2) by inserting at the end the following new subsection:
    ``(c) Whenever any waters of the territorial sea of the United 
States lie outside the territory of any State, territory, possession, 
or district, such waters (including the airspace above and the seabed 
and subsoil below, and artificial islands and fixed structures erected 
thereon) shall be deemed for purposes of subsection (a) to lie within 
the area of the State, territory, possession, or district within which 
it would lie if the boundaries of the State, territory, possession, or 
district were extended seaward to the outer limit of the territorial 
sea of the United States.''.

SEC. 707. JURISDICTION OVER CRIMES AGAINST UNITED STATES NATIONALS ON 
              CERTAIN FOREIGN SHIPS.

    Section 7 of title 18, United States Code, is amended by inserting 
at the end the following new paragraph:
            ``(8) Any foreign vessel during a voyage having a scheduled 
        departure from or arrival in the United States with respect to 
        an offense committed by or against a national of the United 
        States.''.

SEC. 708. PENALTIES FOR INTERNATIONAL TERRORIST ACTS.

    Section 2332 of title 18, United States Code, as redesignated by 
section 601(a)(2), is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2) by striking ``ten'' and 
                inserting ``20''; and
                    (B) in paragraph (3) by striking ``three'' and 
                inserting ``10''; and
            (2) in subsection (c) by striking ``five'' and inserting 
        ``10''.

SEC. 709. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated in each of the fiscal years 
1994, 1995, and 1996, in addition to any other amounts specified in 
appropriations Acts, for counterterrorist operations and programs:
            (1) for the Federal Bureau of Investigation, $25,000,000;
            (2) for the Department of State, $10,000,000;
            (3) for the United States Customs Service, $7,500,000;
            (4) for the United States Secret Service, $2,500,000;
            (5) for the Bureau of Alcohol, Tobacco, and Firearms, 
        $2,500,000;
            (6) for the Federal Aviation Administration, $2,500,000;
            (7) for the United States Marshals Service, $2,500,000; and
            (8) for grants to State and local law enforcement agencies, 
        to be administered by the Office of Justice Programs in the 
        Department of Justice, in consultation with the Federal Bureau 
        of Investigation, $25,000,000.

SEC. 710. ENHANCED PENALTIES FOR CERTAIN OFFENSES.

    (a) International Economic Emergency Powers Act.--(1) Section 
206(a) of the International Economic Emergency Powers Act (50 U.S.C. 
1705(a)) is amended by striking ``$10,000'' and inserting 
``$1,000,000''.
    (2) Section 206(b) of the International Economic Emergency Powers 
Act (50 U.S.C. 1705(b)) is amended by striking ``$50,000'' and 
inserting ``$1,000,000''.
    (b) Section 1541 of Title 18.--Section 1541 of title 18, United 
States Code, is amended--
            (1) by striking ``$500'' and inserting ``$250,000''; and
            (2) by striking ``one year'' and inserting ``5 years''.
    (c) Chapter 75 of Title 18.--Sections 1542, 1543, 1544, and 1546 of 
title 18, United States Code, are each amended--
            (1) by striking ``$2,000'' each place it appears and 
        inserting ``$250,000''; and
            (2) by striking ``five years'' each place it appears and 
        inserting ``10 years''.
    (d) Section 1545 of Title 18.--Section 1545 of title 18, United 
States Code, is amended--
            (1) by striking ``$2,000'' and inserting ``$250,000''; and
            (2) by striking ``three years'' and inserting ``10 years''.

SEC. 711. SENTENCING GUIDELINES INCREASE FOR TERRORIST CRIMES.

    The United States Sentencing Commission shall study and, if 
warranted, amend its sentencing guidelines to provide an increase in 
the base offense level for any felony, whether committed within or 
outside the United States, that involves or is intended to promote 
international terrorism, unless such involvement or intent is itself an 
element of the crime.

SEC. 712. EXTENSION OF THE STATUTE OF LIMITATIONS FOR CERTAIN TERRORISM 
              OFFENSES.

    (a) In General.--Chapter 213 of title 18, United States Code, is 
amended by inserting after section 3285 the following new section:
``Sec. 3286. Extension of statute of limitations for certain terrorism 
              offenses
    ``Notwithstanding section 3282, no person shall be prosecuted, 
tried, or punished for any offense involving a violation of section 32, 
36, 112, 351, 1116, 1203, 1361, 1751, 2280, 2281, 2332, 2339A, or 2340A 
of this title or section 902 (i), (j), (k), (l), or (n) of the Federal 
Aviation Act of 1958 (49 U.S.C. App. 1572 (i), (j), (k), (l), and (n)), 
unless the indictment is found or the information is instituted within 
10 years next after such offense shall have been committed.''.
    (b) Technical Amendment.--The chapter analysis for chapter 213 of 
title 18, United States Code, is amended by inserting after the item 
relating to section 3285 the following new item:

``3286. Extension of statute of limitations for certain terrorism 
                            offenses.''.

SEC. 713. INTERNATIONAL PARENTAL KIDNAPPING.

    (a) In General.--Chapter 55 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1204. International parental kidnapping
    ``(a) Offense.--Whoever removes a child from the United States or 
retains a child (who has been in the United States) outside the United 
States with intent to obstruct the lawful exercise of parental rights 
shall be fined under this title, imprisoned not more than 3 years, or 
both.
    ``(b) Definitions.--As used in this section--
            ``(1) the term `child' means a person who has not attained 
        the age of 16 years; and
            ``(2) the term `parental rights', with respect to a child, 
        means the right to physical custody of the child--
                    ``(A) whether joint or sole (and includes visiting 
                rights); and
                    ``(B) whether arising by operation of law, court 
                order, or legally binding agreement of the parties.
    ``(c) Rule of Construction.--This section does not detract from The 
Hague Convention on the Civil Aspects of International Parental Child 
Abduction, done at The Hague on October 25, 1980.''.
    (b) Technical Amendment.--The chapter analysis for chapter 55 of 
title 18, United States Code, is amended by adding at the end the 
following new item:

``1204. International parental kidnapping.''.

SEC. 714. FOREIGN MURDER OF UNITED STATES NATIONALS.

    (a) In General.--Chapter 51 of title 18, United States Code, as 
amended by section 141(a), is amended by adding at the end the 
following new section:
``Sec. 1120. Foreign murder of United States nationals
    ``(a)  Offense.--Whoever kills or attempts to kill a national of 
the United States while such national is outside the United States but 
within the jurisdiction of another country shall be punished as 
provided under sections 1111, 1112, and 1113.
    ``(b) Approval of Prosecution.--No prosecution may be instituted 
against any person under this section except upon the written approval 
of the Attorney General, the Deputy Attorney General, or an Assistant 
Attorney General, which function of approving prosecutions may not be 
delegated. No prosecution shall be approved if prosecution has been 
previously undertaken by a foreign country for the same act or 
omission.
    ``(c) Criteria for Approval.--No prosecution shall be approved 
under this section unless the Attorney General, in consultation with 
the Secretary of State, determines that the act or omission took place 
in a country in which the person is no longer present, and the country 
lacks the ability to lawfully secure the person's return. A 
determination by the Attorney General under this subsection is not 
subject to judicial review.
    ``(d) Assistance From Other Agencies.--In the course of the 
enforcement of this section and notwithstanding any other law, the 
Attorney General may request assistance from any Federal, State, local, 
or foreign agency, including the Army, Navy, and Air Force.
    ``(e) Definition.--As used in this section, the term `national of 
the United States' has the meaning stated in section 101(a)(22) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).''.
    (b) Technical Amendments.--(1) Section 1117 of title 18, United 
States Code, is amended by striking ``or 1116'' and inserting ``1116, 
or 1120''.
    (2) The chapter analysis for chapter 51 of title 18, United States 
Code, as amended by section 141(b), is amended by adding at the end the 
following new item:

``1120. Foreign murder of United States nationals.''.

SEC. 715. EXTRADITION.

    (a) Scope.--Section 3181 of title 18, United States Code, is 
amended--
            (1) by inserting ``(a) In General.--'' before ``The 
        provisions of this chapter''; and
            (2) by adding at the end the following new subsections:
    ``(b) Surrender Without Regard to Existence of Extradition 
Treaty.--This chapter shall be construed to permit, in the exercise of 
comity, the surrender of persons who have committed crimes of violence 
against nationals of the United States in foreign countries without 
regard to the existence of any treaty of extradition with such foreign 
government if the Attorney General certifies in writing that--
            ``(1) evidence has been presented by the foreign government 
        that indicates that, if the offenses had been committed in the 
        United States, they would constitute crimes of violence (as 
        defined under section 16); and
            ``(2) the offenses charged are not of a political nature.
    ``(c) Definition.--As used in this section, the term `national of 
the United States' has the meaning stated in section 101(a)(22) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).''.
    (b) Fugitives.--Section 3184 of title 18, United States Code, is 
amended--
            (1) in the first sentence by inserting after ``United 
        States and any foreign government,'' the following: ``or in 
        cases arising under section 3181(b),'';
            (2) in the first sentence by inserting after ``treaty or 
        convention,'' the following: ``or provided for under section 
        3181(b),''; and
            (3) in the third sentence by inserting after ``treaty or 
        convention,'' the following: ``or under section 3181(b),''.

SEC. 716. FBI ACCESS TO TELEPHONE SUBSCRIBER INFORMATION.

    (a) Required Certification.--Section 2709(b) of title 18, United 
States Code, is amended to read as follows:
    ``(b) Required Certification.--
            ``(1) Name, address, and length of service only.--The 
        Director of the Federal Bureau of Investigation, or the 
        Director's designee in a position not lower than Deputy 
        Assistant Director, may request the name, address, and length 
        of service of a person or entity if the Director (or designee 
        in a position not lower than Deputy Assistant Director) 
        certifies in writing to the wire or electronic communication 
        service provider to which the request is made that--
                    ``(A) the information sought is relevant to an 
                authorized foreign counterintelligence investigation; 
                and
                    ``(B) there are specific and articulable facts 
                giving reason to believe that communication facilities 
                registered in the name of the person or entity have 
                been used, through the services of the provider, in 
                communication with--
                            ``(i) an individual who is engaging or has 
                        engaged in international terrorism (as defined 
                        in section 101 of the Foreign Intelligence 
                        Surveillance Act of 1978 (50 U.S.C. 1801)) or 
                        clandestine intelligence activities that 
                        involve or may involve a violation of the 
                        criminal statutes of the United States; or
                            ``(ii) a foreign power (as defined in 
                        section 101 of the Foreign Intelligence 
                        Surveillance Act of 1978 (50 U.S.C. 1801)) or 
                        an agent of a foreign power (as defined in that 
                        section) under circumstances giving reason to 
                        believe that the communication concerned 
                        international terrorism (as defined in that 
                        section) or clandestine intelligence activities 
                        that involve or may involve a violation of the 
                        criminal statutes of the United States.
            ``(2) Name, address, length of service, and toll billing 
        records.--The Director of the Federal Bureau of Investigation, 
        or the Director's designee in a position not lower than Deputy 
        Assistant Director, may request the name, address, length of 
        service, and toll billing records of a person or entity if the 
        Director (or designee in a position not lower than Deputy 
        Assistant Director) certifies in writing to the wire or 
        electronic communication service provider to which the request 
        is made that--
            ``(A) the name, address, length of service, and toll 
        billing records sought are relevant to an authorized foreign 
        counterintelligence investigation; and
            ``(B) there are specific and articulable facts giving 
        reason to believe that the person or entity to whom the 
        information sought pertains is a foreign power (as defined in 
        section 101 of the Foreign Intelligence Surveillance Act of 
        1978 (50 U.S.C. 1801)) or an agent of a foreign power (as 
        defined in that section).''.
    (b) Report to Judiciary Committees.--Section 2709(e) of title 18, 
United States Code, is amended by adding after ``Senate'' the 
following: ``, and the Committee on the Judiciary of the House of 
Representatives and the Committee on the Judiciary of the Senate,''.

     TITLE VIII--SEXUAL VIOLENCE, CHILD ABUSE, AND VICTIMS' RIGHTS

              Subtitle A--Sexual Violence and Child Abuse

SECTION 800. SHORT TITLE.

    This subtitle may be cited as the ``Sexual Assault Prevention Act 
of 1993''.

                       CHAPTER 1--SEXUAL VIOLENCE

                  Subchapter A--Penalties and Remedies

SEC. 801. 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 new 
        subparagraph:
            ``(C) any felony under chapter 109A or chapter 110.''.

SEC. 802. DEATH PENALTY FOR MURDERS COMMITTED BY SEX OFFENDERS.

    (a) In General.--Chapter 51 of title 18, United States Code is 
amended by adding at the end the following new section:
``Sec. 1118. Death penalty for murders committed by sex offenders
    ``(a) Offense.--A person who--
            ``(1) causes the death of a person intentionally, 
        knowingly, or through recklessness manifesting extreme 
        indifference to human life; or
            ``(2) causes the death of a person through the intentional 
        infliction of serious bodily injury,
shall be punished as provided in subsection (c).
    ``(b) Federal Jurisdiction.--There is Federal jurisdiction over an 
offense described in this section if the conduct resulting in death 
occurs in the course of another offense against the United States.
    ``(c) Penalty.--An offense described in this section is a Class A 
felony. A sentence of death may be imposed for an offense described in 
this section as provided in this section, except that a sentence of 
death may not be imposed on a defendant who was below the age of 18 
years at the time of the commission of the crime.
    ``(d) Mitigating Factors.--In determining whether to recommend a 
sentence of death, the jury shall consider whether any aspect of the 
defendant's character, background, or record or any circumstance of the 
offense that the defendant may proffer as a mitigating factor exists, 
including the following factors:
            ``(1) Mental capacity.--The defendant's mental capacity to 
        appreciate the wrongfulness of his conduct or to conform his 
        conduct to the requirements of law was significantly impaired.
            ``(2) Duress.--The defendant was under unusual and 
        substantial duress.
            ``(3) Participation in offense minor.--The defendant is 
        punishable as a principal (pursuant to section 2) in the 
        offense, which was committed by another, but the defendant's 
        participation was relatively minor.
    ``(e) Aggravating Factors.--In determining whether to recommend a 
sentence of death, the jury shall consider any aggravating factor for 
which notice has been provided under subsection (f) of this section, 
including the following factors--
            ``(1) Killing in course of designated sex crimes.--The 
        conduct resulting in death occurred in the course of an offense 
        defined in chapter 109A, 110, or 117.
            ``(2) Killing in connection with sexual assault or child 
        molestation.--The defendant committed a crime of sexual assault 
        or crime of child molestation in the course of an offense on 
        which Federal jurisdiction is based under subsection (b).
            ``(3) Prior conviction of sexual assault or child 
        molestation.--The defendant has previously been convicted of a 
        crime of sexual assault or crime of child molestation.
    ``(f) Notice of Intent To Seek Death Penalty.--If the Government 
intends to seek the death penalty for an offense under this section, 
the attorney for the Government shall file with the court and serve on 
the defendant a notice of such intent. The notice shall be provided a 
reasonable time before the trial or acceptance of a guilty plea, or at 
such later time before trial as the court may permit for good cause. If 
the court permits a late filing of the notice upon a showing of good 
cause, the court shall ensure that the defendant has adequate time to 
prepare for trial. The notice shall set forth the aggravating factor or 
factors the Government will seek to prove as the basis for the death 
penalty. The factors for which notice is provided under this subsection 
may include factors concerning the effect of the offense on the victim 
and the victim's family. The court may permit the attorney for the 
Government to amend the notice upon a showing of good cause.
    ``(g) Judge and Jury at Capital Sentencing Hearing.--A hearing to 
determine whether the death penalty will be imposed for an offense 
under this section shall be conducted by the judge who presided at 
trial or accepted a guilty plea, or by another judge if that judge is 
not available. The hearing shall be conducted before the jury that 
determined the defendant's guilt if that jury is available. A new jury 
shall be impaneled for the purpose of the hearing if the defendant 
pleaded guilty, the trial of guilt was conducted without a jury, the 
jury that determined the defendant's guilt was discharged for good 
cause, or reconsideration of the sentence is necessary after the 
initial imposition of a sentence of death. A jury impaneled under this 
subsection shall have 12 members unless the parties stipulate to a 
lesser number at any time before the conclusion of the hearing with the 
approval of the judge. Upon motion of the defendant, with the approval 
of the attorney for the Government, the hearing shall be carried out 
before the judge without a jury. If there is no jury, references to 
`the jury' in this section, where applicable, shall be understood as 
referring to the judge.
    ``(h) Proof of Mitigating and Aggravating Factors.--No presentence 
report shall be prepared if a capital sentencing hearing is held under 
this section. Any information relevant to the existence of mitigating 
factors, or to the existence of aggravating factors for which notice 
has been provided under subsection (f), may be presented by either the 
Government or the defendant. The information presented may include 
trial transcripts and exhibits. Information presented by the Government 
in support of factors concerning the effect of the offense on the 
victim and the victim's family may include oral testimony, a victim 
impact statement that identifies the victim of the offense and the 
nature and extent of harm and loss suffered by the victim and the 
victim's family, and other relevant information. Information is 
admissible regardless of its admissibility under the rules governing 
the admission of evidence at criminal trials, except that information 
may be excluded if its probative value is outweighed by the danger of 
creating unfair prejudice, confusing the issues, or misleading the 
jury. The attorney for the Government and the attorney for the 
defendant shall be permitted to rebut any information received at the 
hearing, and shall be given fair opportunity to present argument as to 
the adequacy of the information to establish the existence of any 
aggravating or mitigating factor, and as to the appropriateness in that 
case of imposing a sentence of death. The attorney for the Government 
shall open the argument, the defendant shall be permitted to reply, and 
the Government shall then be permitted to reply in rebuttal.
    ``(i) Findings of Aggravating and Mitigating Factors.--The jury 
shall return special findings identifying any aggravating factor or 
factors for which notice has been provided under subsection (f) and 
which the jury unanimously determines have been established by the 
Government beyond a reasonable doubt. A mitigating factor is 
established if the defendant has proven its existence by a 
preponderance of the evidence, and any member of the jury who finds the 
existence of such a factor may regard it as established for purposes of 
this section regardless of the number of jurors who concur that the 
factor has been established.
    ``(j) Finding Concerning a Sentence of Death.--If the jury 
specially finds under subsection (i) that one or more aggravating 
factors set forth in this section exist, and the jury further finds 
unanimously that there are no mitigating factors or that the 
aggravating factor or factors specially found under subsection (i) 
outweigh any mitigating factors, the jury shall recommend a sentence of 
death. In any other case, the jury shall not recommend a sentence of 
death. The jury shall be instructed that it must avoid any influence of 
sympathy, sentiment, passion, prejudice, or other arbitrary factors in 
its decision, and should make such a recommendation as the information 
warrants.
    ``(k) Special Precaution To Assure Against Discrimination.--In a 
hearing held before a jury, the court, before the return of a finding 
under subsection (j), shall instruct the jury that, in considering 
whether to recommend a sentence of death, it shall not be influenced by 
prejudice or bias relating to the race, color, religion, national 
origin, or sex of the defendant or any victim, and that the jury is not 
to recommend a sentence of death unless it has concluded that it would 
recommend a sentence of death for such a crime regardless of the race, 
color, religion, national origin, or sex of the defendant or any 
victim. The jury, upon the return of a finding under subsection (j), 
shall also return to the court a certificate, signed by each juror, 
that the race, color, religion, national origin, or sex of the 
defendant or any victim did not affect the juror's individual decision 
and that the individual juror would have recommended the same sentence 
for such a crime regardless of the race, color, religion, national 
origin, or sex of the defendant or any victim.
    ``(l) Imposition of a Sentence of Death.--Upon a recommendation 
under subsection (j) that a sentence of death be imposed, the court 
shall sentence the defendant to death. Otherwise the court shall impose 
a sentence, other than death, that is authorized by law.
    ``(m) Review of a Sentence of Death.--The defendant may appeal a 
sentence of death under this section by filing a notice of appeal of 
the sentence within the time provided for filing a notice of appeal of 
the judgment of conviction. An appeal of a sentence under this 
subsection may be consolidated with an appeal of the judgment of 
conviction and shall have priority over all non-capital matters in the 
court of appeals. The court of appeals shall review the entire record 
in the case including the evidence submitted at trial and information 
submitted during the sentencing hearing, the procedures employed in the 
sentencing hearing, and the special findings returned under subsection 
(i). The court of appeals shall uphold the sentence if it determines 
that the sentence of death was not imposed under the influence of 
passion, prejudice, or any other arbitrary factor, that the evidence 
and information support the special findings under subsection (i), and 
that the proceedings were otherwise free of prejudicial error that was 
properly preserved for and raised on appeal. In any other case, the 
court of appeals shall remand the case for reconsideration of the 
sentence or imposition of another authorized sentence as appropriate, 
except that the court shall not reverse a sentence of death on the 
ground that an aggravating factor was not supported by the evidence and 
information if at least one aggravating factor set forth in subsection 
(e) that was found to exist remains and the court, on the basis of the 
evidence submitted at trial and the information submitted at the 
sentencing hearing, finds no mitigating factor or finds that the 
remaining aggravating factor or factors which were found to exist 
outweigh any mitigating factors. The court of appeals shall state in 
writing the reasons for its disposition of an appeal of a sentence of 
death under this section.
    ``(n) Implementation of Sentence of Death.--A person sentenced to 
death under this section shall be committed to the custody of the 
Attorney General until exhaustion of the procedures for appeal of the 
judgment of conviction and review of the sentence. When the sentence is 
to be implemented, the Attorney General shall release the person 
sentenced to death to the custody of a United States Marshal. The 
Marshal shall supervise implementation of the sentence in the manner 
prescribed by the law of the State in which the sentence is imposed, or 
in the manner prescribed by the law of another State designated by the 
court if the law of the State in which the sentence was imposed does 
not provide for implementation of a sentence of death. The Marshal may 
use State or local facilities, may use the services of an appropriate 
State or local official or of a person such an official employs, and 
shall pay the costs thereof in an amount approved by the Attorney 
General.
    ``(o) Special Bar To Execution.--A sentence of death shall not be 
carried out upon a woman while she is pregnant.
    ``(p) Conscientious Objection To Participation in Execution.--No 
employee of any State department of corrections, the Federal Bureau of 
Prisons, or the United States Marshals Service, and no person providing 
services to that department, bureau, or service under contract shall be 
required, as a condition of that employment or contractual obligation, 
to be in attendance at or to participate in any execution carried out 
under this section if such participation is contrary to the moral or 
religious convictions of the employee. For purposes of this subsection, 
the term `participate in any execution' includes personal preparation 
of the condemned individual and the apparatus used for the execution, 
and supervision of the activities of other personnel in carrying out 
such activities.
    ``(q) Appointment of Counsel for Indigent Capital Defendants.--A 
defendant against whom a sentence of death is sought, or on whom a 
sentence of death has been imposed, under this section, shall be 
entitled to appointment of counsel from the commencement of trial 
proceedings until one of the conditions specified in subsection (v) has 
occurred, if the defendant is or becomes financially unable to obtain 
adequate representation. Counsel shall be appointed for trial 
representation as provided in section 3005, and at least one counsel so 
appointed shall continue to represent the defendant until the 
conclusion of direct review of the judgment, unless replaced by the 
court with other qualified counsel. Except as otherwise provided in 
this section, section 3006A shall apply to appointments under this 
section.
    ``(r) Representation After Finality of Judgment.--When a judgment 
imposing a sentence of death under this section has become final 
through affirmance by the Supreme Court on direct review, denial of 
certiorari by the Supreme Court on direct review, or expiration of the 
time for seeking direct review in the court of appeals or the Supreme 
Court, the Government shall promptly notify the court that imposed the 
sentence. The court, within 10 days of receipt of such notice, shall 
proceed to make a determination whether the defendant is eligible for 
appointment of counsel for subsequent proceedings. The court shall 
issue an order appointing one or more counsel to represent the 
defendant upon a finding that the defendant is financially unable to 
obtain adequate representation and wishes to have counsel appointed or 
is unable competently to decide whether to accept or reject appointment 
of counsel. The court shall issue an order denying appointment of 
counsel upon a finding that the defendant is financially able to obtain 
adequate representation or that the defendant rejected appointment of 
counsel with an understanding of the consequences of that decision. 
Counsel appointed pursuant to this subsection shall be different from 
the counsel who represented the defendant at trial and on direct review 
unless the defendant and counsel request a continuation or renewal of 
the earlier representation.
    ``(s) Standards for Competence of Counsel.--In relation to a 
defendant who is entitled to appointment of counsel under this section, 
at least one counsel appointed for trial representation must have been 
admitted to the bar for at least 5 years and have at least 3 years of 
experience in the trial of felony cases in the Federal district courts. 
If new counsel is appointed after judgment, at least one counsel so 
appointed must have been admitted to the bar for at least 5 years and 
have at least 3 years of experience in the litigation of felony cases 
in the Federal courts of appeals or the Supreme Court. The court, for 
good cause, may appoint counsel who does not meet these standards, but 
whose background, knowledge, or experience would otherwise enable that 
counsel to properly represent the defendant, with due consideration of 
the seriousness of the penalty and the nature of the litigation.
    ``(t) Claims of Ineffectiveness of Counsel in Collateral 
Proceedings.--The ineffectiveness or incompetence of counsel during 
proceedings on a motion under section 2255 of title 28 shall not be a 
ground for relief from the judgment or sentence in any proceeding. This 
limitation shall not preclude the appointment of different counsel at 
any stage of the proceedings.
    ``(u) Time for Collateral Attack on Death Sentence.--A motion under 
section 2255 of title 28 attacking a sentence of death under this 
section, or the conviction on which it is predicated, shall be filed 
within 90 days of the issuance of the order under subsection (r) 
appointing or denying the appointment of counsel for such proceedings. 
The court in which the motion is filed, for good cause shown, may 
extend the time for filing for a period not exceeding 60 days. Such a 
motion shall have priority over all non-capital matters in the district 
court, and in the court of appeals on review of the district court's 
decision.
    ``(v) Stay of Execution.--The execution of a sentence of death 
under this section shall be stayed in the course of direct review of 
the judgment and during the litigation of an initial motion in the case 
under section 2255 of title 28. The stay shall run continuously 
following imposition of the sentence and shall expire if--
            ``(1) the defendant fails to file a motion under section 
        2255 of title 28 within the time specified in subsection (u), 
        or fails to make a timely application for court of appeals 
        review following the denial of such a motion by a district 
        court;
            ``(2) upon completion of district court and court of 
        appeals review under section 2255 of title 28, the Supreme 
        Court disposes of a petition for certiorari in a manner that 
        leaves the capital sentence undisturbed, or the defendant fails 
        to file a timely petition for certiorari; or
            ``(3) before a district court, in the presence of counsel 
        and after having been advised of the consequences of such a 
        decision, the defendant waives the right to file a motion under 
        section 2255 of title 28.
    ``(w) Finality of the Decision on Review.--If one of the conditions 
specified in subsection (v) has occurred, no court thereafter shall 
have the authority to enter a stay of execution or grant relief in the 
case unless--
            ``(1) the basis for the stay and request for relief is a 
        claim not presented in earlier proceedings;
            ``(2) the failure to raise the claim is the result of 
        governmental action in violation of the Constitution or laws of 
        the United States, the result of the Supreme Court's 
        recognition of a new Federal right that is retroactively 
        applicable, or the result of the fact that the factual 
        predicate of the claim could not have been discovered through 
        the exercise of reasonable diligence in time to present the 
        claim in earlier proceedings; and
            ``(3) the facts underlying the claim would be sufficient, 
        if proven, to undermine the court's confidence in the 
        determination of guilt on the offense or offenses for which the 
        death penalty was imposed.
    ``(x) Definitions.--In this section--
            ```child' means a person below the age of 14.
            ```crime of child molestation' means a crime under Federal 
        or State law that involved--
                    ``(A) contact between any part of the defendant's 
                body or an object and the genitals or anus of a child;
                    ``(B) contact between the genitals or anus of the 
                defendant and any part of the body of a child;
                    ``(C) deriving sexual pleasure or gratification 
                from the infliction of death, bodily injury, or 
                physical pain on a child; or
                    ``(D) an attempt or conspiracy to engage in any 
                conduct described in paragraphs (A) through (C).
             ```crime of sexual assault' means a crime under Federal or 
        State law that involved--
                    ``(A) contact, without consent, between any part of 
                the defendant's body or an object and the genitals or 
                anus of another person;
                    ``(B) contact, without consent, between the 
                genitals or anus of the defendant and any part of the 
                body of another person;
                    ``(C) deriving sexual pleasure or gratification 
                from the infliction of death, bodily injury, or 
                physical pain on another person; or
                    ``(D) an attempt or conspiracy to engage in any 
                conduct described in paragraphs (A) through (C).''.
    (b) Technical Amendment.--The chapter analysis for chapter 110A of 
title 18, United States Code, is amended by adding at the end the 
following new item:

``1118. Death penalty for murders committed by sex offenders.''.

SEC. 803. INCREASED PENALTIES FOR RECIDIVIST SEX OFFENDERS.

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

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

SEC. 804. INCREASED PENALTIES FOR SEX OFFENSES AGAINST VICTIMS BELOW 
              THE AGE OF 16.

    Section 2245(2) of title 18, United States Code, is amended--
            (1) by striking ``or'' at the end of subparagraph (B);
            (2) by striking ``; and'' at the end of subparagraph (C) 
        and inserting ``; or''; and
            (3) by inserting after subparagraph (C) the following new 
        subparagraph:
            ``(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. 805. SENTENCING GUIDELINES INCREASE FOR SEX OFFENSES.

    The United States Sentencing Commission shall study and, if 
necessary, 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.

SEC. 806. HIV TESTING AND PENALTY ENHANCEMENT IN SEXUAL OFFENSE CASES.

    (a) In General.--Chapter 109A of title 18, United States Code, as 
amended by section 803, is amended by inserting at the end the 
following new section:
``Sec.  2247. Testing for human immunodeficiency virus; disclosure of 
              test results to victim; effect on penalty
    ``(a) Testing at Time of Pre-Trial Release Determination.--In a 
case in which a person is charged with an offense under this chapter, a 
judicial officer issuing an order pursuant to section 3142(a) shall 
include in the order a requirement that a test for the human 
immunodeficiency virus be performed upon the person and that followup 
tests for the virus be performed 6 months and 12 months following the 
date of the initial test, unless the judicial officer determines that 
the conduct of the person created no risk of transmission of the virus 
to the victim, and so states in the order. The order shall direct that 
the initial test be performed within 24 hours, or as soon thereafter as 
feasible. The person shall not be released from custody until the test 
is performed.
    ``(b) Testing at Later Time.--If a person charged with an offense 
under this chapter was not tested for the human immunodeficiency virus 
pursuant to subsection (a), the court may at a later time direct that 
such a test be performed upon the person, and that follow-up tests be 
performed 6 months and 12 months following the date of the initial 
test, if it appears to the court that the conduct of the person may 
have risked transmission of the virus to the victim. A testing 
requirement under this subsection may be imposed at any time while the 
charge is pending, or following conviction at any time prior to the 
person's completion of service of the sentence.
    ``(c) Termination of Testing Requirement.--A requirement of follow-
up testing imposed under this section shall be canceled if any test is 
positive for the virus or the person obtains an acquittal on, or 
dismissal of, all charges under this chapter.
    ``(d) Disclosure of Test Results.--The results of any test for the 
human immunodeficiency virus performed pursuant to an order under this 
section shall be provided to the judicial officer or court. The 
judicial officer or court shall ensure that the results are disclosed 
to the victim (or to the victim's parent or legal guardian, as 
appropriate), the attorney for the Government, and the person tested.
    ``(e) Effect on Penalty.--The United States Sentencing Commission 
shall amend existing guidelines for sentences for offenses under this 
chapter to enhance the sentence if the offender knew or had reason to 
know that he was infected with the human immunodeficiency virus, except 
where the offender did not engage or attempt to engage in conduct 
creating a risk of transmission of the virus to the victim.''.
    (b) Technical Amendment.--The chapter analysis for chapter 109A of 
title 18, United States Code, as amended by section 803, is amended by 
adding at the end the following new item:

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

SEC. 807. PAYMENT OF COST OF HIV TESTING FOR VICTIMS IN SEX OFFENSE 
              CASES.

    Section 503(c)(7) of the Victims' Rights and Restitution Act of 
1990 (42 U.S.C. 10607(c)(7)) is amended by inserting: ``, the cost of 
up to two tests of the victim for the human immunodeficiency virus 
during the 12 months following the assault, and the cost of a 
counseling session by a medically trained professional on the accuracy 
of such tests and the risk of transmission of the human 
immunodeficiency virus to the victim as the result of the assault'' 
before the period at the end.

SEC. 808. EXTENSION AND STRENGTHENING OF RESTITUTION.

    Section 3663 of title 18, United States Code, is amended--
            (1) in subsection (b)--
                    (A) in paragraph (2) by inserting ``or an offense 
                under chapter 109A or chapter 110'' after ``an offense 
                resulting in bodily injury to a victim'';
                    (B) by striking ``and'' at the end of paragraph 
                (3);
                    (C) by redesignating paragraph (4) as paragraph 
                (5); and
                    (D) by inserting after paragraph (3) the following 
                new paragraph:
            ``(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
            (2) in subsection (d) by adding at the end: ``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 or chapter 110, 
        unless the Government and the victim do not request such 
        restitution.''.

SEC. 809. ENFORCEMENT OF RESTITUTION ORDERS THROUGH SUSPENSION OF 
              FEDERAL BENEFITS.

    Section 3663 of title 18, United States Code, is amended--
            (1) by redesignating subsections (g) and (h) as subsections 
        (h) and (i), respectively; and
            (2) by inserting after subsection (f) the following new 
        subsection:
    ``(g)(1) If the defendant is delinquent in making restitution in 
accordance with any schedule of payments or any requirement of 
immediate payment imposed under this section, the court may, after a 
hearing, suspend the defendant's eligibility for all Federal benefits 
until such time as the defendant demonstrates to the court good-faith 
efforts to return to such schedule.
    ``(2) In this subsection--
            ``(A) `Federal benefits'--
                    ``(i) means any grant, contract, loan, professional 
                license, or commercial license provided by an agency of 
                the United States or appropriated funds of the United 
                States; and
                    ``(ii) does not include any retirement, welfare, 
                Social Security, health, disability, veterans benefit, 
                public housing, or other similar benefit, or any other 
                benefit for which payments or services are required for 
                eligibility.
            ``(B) `veterans benefit' means all benefits provided to 
        veterans, their families, or survivors by virtue of the service 
        of a veteran in the Armed Forces of the United States.''.

SEC. 810. CIVIL REMEDY FOR VICTIMS OF SEXUAL VIOLENCE.

    (a) Cause of Action.--A person who, 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.--In 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.--Section 922 of the Revised Statutes (42 
U.S.C. 1988) is amended--
            (1) by striking ``or'' after ``Public Law 92-318''; and
            (2) by inserting ``, or section 111 of the Sexual Assault 
        Prevention Act of 1993,'' after ``1964''.

        Subchapter B--Rules of Evidence, Practice, and Procedure

SEC. 821. 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 commission of another offense or offenses of sexual assault 
is admissible, and may be considered for its bearing on any matter to 
which it is relevant.
    ``(b) Disclosure to Defendant.--In a case in which the government 
intends to offer evidence under this rule, the attorney for the 
government shall disclose the evidence to the defendant, including 
statements of 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) 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 paragraph (1), (2), (3), or (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 commission of another offense or offenses of child 
molestation is admissible and may be considered for its bearing on any 
matter to which it is relevant.
    ``(b) 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 414, `child' 
means a person below the age of 14 years, and `offense of child 
molestation' means a crime under Federal law or the law of a State (as 
defined in section 513 of title 18, United States Code) that involved--
            ``(1) conduct proscribed by chapter 109A of title 18, 
        United States Code, that was committed in relation to a child;
            ``(2) 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 paragraph (1), (2), (3), (4), or (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. 822. 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): ``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 
new paragraph:
    ``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, whether or not the conduct occurred in the special 
maritime and territorial jurisdiction of the United States or in a 
Federal prison.''.

SEC. 823. INADMISSIBILITY OF EVIDENCE TO SHOW PROVOCATION OR INVITATION 
              BY VICTIM IN SEX OFFENSE CASES.

    The Federal Rules of Evidence, as amended by section 821, are 
amended by adding after rule 415 the following new rule:

``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.''.

SEC. 824. RIGHT OF THE VICTIM TO FAIR TREATMENT IN LEGAL PROCEEDINGS.

    Not later than 180 days after the date of enactment of this Act, 
the Judicial Conference of the United States shall review and make 
recommendations regarding the following Rules of Professional Conduct 
for Lawyers in Federal Practice:

    ``RULES OF PROFESSIONAL CONDUCT FOR LAWYERS IN FEDERAL PRACTICE

``Rule 1. Scope
``Rule 2. Abuse of Victims and Others Prohibited
``Rule 3. Duty of Enquiry in Relation to Client
``Rule 4. Duty To Expedite Litigation
``Rule 5. Duty To Prevent Commission of Crime

``Rule 1. Scope

    ``(a) These rules apply to the conduct of lawyers in their 
representation of clients in relation to proceedings and potential 
proceedings before federal tribunals.
    ``(b) For purposes of these rules, `federal tribunal' and 
`tribunal' mean a court of the United States or an agency of the 
federal government that carries out adjudicatory or quasi-adjudicatory 
functions.

``Rule 2. Abuse of Victims and Others Prohibited

    ``(a) A lawyer shall not engage in any action or course of conduct 
for the purpose of increasing the expense of litigation for any person, 
other than a liability under an order or judgment of a tribunal.
    ``(b) A lawyer shall not engage in any action or course of conduct 
that has no substantial purpose other than to distress, harass, 
embarrass, burden, or inconvenience another person.
    ``(c) A lawyer shall not offer evidence that the lawyer knows to be 
false or attempt to discredit evidence that the lawyer knows to be 
true.

``Rule 3. Duty of Enquiry in Relation to Client

    ``A lawyer shall attempt to elicit from the client a truthful 
account of the material facts concerning the matters in issue. In 
representing a client charged with a crime or civil wrong, the duty of 
enquiry under this rule includes--
            ``(1) attempting to elicit from the client a materially 
        complete account of the alleged criminal activity or civil 
        wrong if the client acknowledges involvement in the alleged 
        activity or wrong; and
            ``(2) attempting to elicit from the client the material 
        facts relevant to a defense of alibi if the client denies such 
        involvement.

``Rule 4. Duty To Expedite Litigation

    ``(a) A lawyer shall seek to bring about the expeditious conduct 
and conclusion of litigation.
    ``(b) A lawyer shall not seek a continuance or otherwise attempt to 
delay or prolong proceedings in the hope or expectation that--
            ``(1) evidence will become unavailable;
            ``(2) evidence will become more subject to impeachment or 
        otherwise less useful to another party because of the passage 
        of time; or
            ``(3) an advantage will be obtained in relation to another 
        party because of the expense, frustration, distress, or other 
        hardship resulting from prolonged or delayed proceedings.

``Rule 5. Duty To Prevent Commission of Crime

    ``(a) A lawyer may disclose information relating to the 
representation of a client to the extent necessary to prevent the 
commission of a crime or other unlawful act.
    ``(b) A lawyer shall disclose information relating to the 
representation of a client where disclosure is required by law. A 
lawyer shall also disclose such information to the extent necessary to 
prevent--
            ``(1) the commission of a crime involving the use or 
        threatened use of force against another, or a substantial risk 
        of death or serious bodily injury to another; or
            ``(2) the commission of a crime of sexual assault or child 
        molestation.
    ``(c) For purposes of this rule, `crime' means a crime under the 
law of the United States or the law of a State, and `unlawful act' 
means an act in violation of the law of the United States or the law of 
a State.''.

SEC. 825. 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. 826. VICTIM'S RIGHT OF PRIVACY.

    (a) Findings.--The Congress finds that--
            (1) the crime of rape is underreported to law enforcement 
        authorities because of its traumatic effect on victims and the 
        stigmatizing nature of the crime;
            (2) rape victims may be further victimized by involuntary 
        public disclosure of their identities;
            (3) rape victims should be encouraged to come forward and 
        report the crime without fear of being revictimized through 
        involuntary public disclosure of their identities; and
            (4) any interest of the public in knowing the identity of a 
        rape victim notwithstanding the victim's wishes to the contrary 
        is outweighed by the interest of protecting the privacy of rape 
        victims and encouraging rape victims to report the crime and 
        assist in prosecution.
    (b) Sense of Congress.--It is the sense of Congress that news 
media, law enforcement personnel, and other persons should exercise 
restraint and respect a rape victim's privacy by not disclosing the 
victim's identity to the general public or facilitating such disclosure 
without the consent of the victim.

                      Subchapter C--Safe Campuses

SEC. 831. NATIONAL BASELINE STUDY ON CAMPUS SEXUAL ASSAULT.

    (a) Study.--The Attorney General shall provide for a national 
baseline study to examine the scope of the problem of campus sexual 
assaults and the effectiveness of institutional and legal policies in 
addressing such crimes and protecting victims. The Attorney General may 
utilize the Bureau of Justice Statistics, the National Institute of 
Justice, and the Office for Victims of Crime in carrying out this 
section.
    (b) Report.--Based on the study required by subsection (a), the 
Attorney General shall prepare a report including an analysis of--
            (1) the number of reported allegations and estimated number 
        of unreported allegations of campus sexual assaults, and to 
        whom the allegations are reported (including authorities of the 
        educational institution, sexual assault victim service 
        entities, and local criminal authorities);
            (2) the number of campus sexual assault allegations 
        reported to authorities of educational institutions which are 
        reported to criminal authorities;
            (3) the number of campus sexual assault allegations that 
        result in criminal prosecution in comparison with the number of 
        non-campus sexual assault allegations that result in criminal 
        prosecution;
            (4) Federal and State laws or regulations pertaining 
        specifically to campus sexual assaults;
            (5) the adequacy of policies and practices of educational 
        institutions in addressing campus sexual assaults and 
        protecting victims, including consideration of--
                    (A) the security measures in effect at educational 
                institutions, such as utilization of campus police and 
                security guards, control over access to grounds and 
                buildings, supervision of student activities and 
                student living arrangements, control over the 
                consumption of alcohol by students, lighting, and the 
                availability of escort services;
                    (B) the articulation and communication to students 
                of the institution's policies concerning sexual 
                assaults;
                    (C) policies and practices that may prevent or 
                discourage the reporting of campus sexual assaults to 
                local criminal authorities, or that may otherwise 
                obstruct justice or interfere with the prosecution of 
                perpetrators of campus sexual assaults;
                    (D) the nature and availability of victim services 
                for victims of campus sexual assaults;
                    (E) the ability of educational institutions' 
                disciplinary processes to address allegations of sexual 
                assault adequately and fairly;
                    (F) measures that are taken to ensure that victims 
                are free of unwanted contact with alleged assailants, 
                and disciplinary sanctions that are imposed when a 
                sexual assault is determined to have occurred; and
                    (G) the grounds on which educational institutions 
                are subject to lawsuits based on campus sexual 
                assaults, the resolution of these cases, and measures 
                that can be taken to avoid the likelihood of lawsuits 
                and civil liability;
            (6) an assessment of the policies and practices of 
        educational institutions that are of greatest effectiveness in 
        addressing campus sexual assaults and protecting victims, 
        including policies and practices relating to the particular 
        issues described in paragraph (5); and
            (7) any recommendations the Attorney General may have for 
        reforms to address campus sexual assaults and protect victims 
        more effectively, and any other matters that the Attorney 
        General deems relevant to the subject of the study and report 
        required by this section.
    (c) Submission of Report.--The report required by subsection (b) 
shall be submitted to the Congress no later than September 1, 1995.
    (d) Definition.--For purposes of this section, ``campus sexual 
assaults'' includes sexual assaults occurring at institutions of 
postsecondary education and sexual assaults committed against or by 
students or employees of such institutions.
    (e) Authorization of Appropriation.--There is authorized to be 
appropriated $200,000 to carry out the study required by this section.

           Subchapter D--Assistance to States and Localities

SEC. 841. SEXUAL VIOLENCE GRANT PROGRAM.

    (a) Purpose.--The purpose of this section is to strengthen and 
improve State and local efforts to prevent and punish sexual violence, 
and to assist and protect the victims of sexual violence.
    (b) Authorization of Grants.--The Attorney General, through the 
Bureau of Justice Assistance, the Office for Victims of Crime, and the 
Bureau of Justice Statistics, may make grants to support projects and 
programs relating to sexual violence, including support of--
            (1) training and policy development programs for law 
        enforcement officers and prosecutors concerning the 
        investigation and prosecution of sexual violence;
            (2) law enforcement and prosecutorial units and teams that 
        target sexual violence;
            (3) victim services programs for victims of sexual 
        violence;
            (4) educational and informational programs relating to 
        sexual violence;
            (5) improved systems for collecting, keeping, and 
        disseminating records and data concerning sexual violence and 
        offenders who engage in sexual violence;
            (6) background check systems that enable employers to 
        determine whether employees and applicants for employment have 
        criminal histories involving sexual violence, in relation to 
        employment positions for which a person may be unsuitable on 
        the basis of such a history, such as child care positions and 
        positions involving access to people's homes;
            (7) registration systems which require persons convicted of 
        sexual violence to keep law enforcement authorities informed of 
        their addresses or locations;
            (8) security measures in parks, public transportation 
        systems, public buildings and facilities, and other public 
        places which reduce the risk that acts of sexual violence will 
        occur in such places;
            (9) programs addressing campus sexual assaults (as defined 
        in section 831);
            (10) programs assisting runaway and homeless children who 
        have been subjected to or at risk of sexual violence or sexual 
        exploitation;
            (11) training programs for judges and court personnel in 
        relation to cases involving sexual violence; and
            (12) treatment programs in a correctional setting for 
        offenders who engage in sexual violence, which may include 
        aftercare components, and which shall include an evaluation 
        component to determine the effectiveness of the treatment in 
        reducing recidivism.
    (c) Formula Grants.--Of the amount appropriated in each fiscal year 
for grants under this section, other than the amount set aside to carry 
out subsection (d)--
            (1) 1 percent shall be set aside for each participating 
        State; and
            (2) the remainder shall be allocated to the participating 
        States in proportion to their populations;
for the use of State and local governments in the States.
    (d) Discretionary Grants.--Of the amount appropriated in each 
fiscal year, 20 percent shall be set aside in a discretionary fund to 
provide grants to public and private agencies to further the purposes 
and objectives set forth in subsections (a) and (b).
    (e) Application for Formula Grants.--To request a grant under 
subsection (c), the chief executive officer of a State must, in each 
fiscal year, submit to the Attorney General a plan for addressing 
sexual violence in the State, including a specification of the uses to 
which funds provided under subsection (c) will be put in carrying out 
the plan. The application shall include--
            (1) certification that the Federal funding provided will be 
        used to supplement and not supplant State and local funds;
            (2) certification that any requirement of State law for 
        review by the State legislature or a designated body, and any 
        requirement of State law for public notice and comment 
        concerning the proposed plan, have been satisfied; and
            (3) provisions for fiscal control, management, 
        recordkeeping, and submission of reports in relation to funds 
        provided under this section that are consistent with 
        requirements prescribed for the program.
    (f) Conditions on Grants.--
            (1) Matching funds.--Grants under subsection (c) may be for 
        up to 50 percent of the overall cost of a project or program 
        funded. Discretionary grants under subsection (d) may be for up 
        to 100 percent of the overall cost of a project of program 
        funded.
            (2) Duration of grants.--Grants under subsection (c) may be 
        provided in relation to a particular project or program for up 
        to an aggregate maximum period of 4 years.
            (3) Limit on administrative costs.--Not more than 5 percent 
        of a grant under subsection (c) may be used for costs incurred 
        to administer the grant.
            (4) Payment of cost of forensic medical examinations.--It 
        is a condition of eligibility for grants under subsection (c) 
        that a State pay the cost of forensic medical examinations for 
        victims of sexual violence.
            (5) Policies against campus sexual assaults.--For an 
        institution of postsecondary education seeking a grant under 
        subsection (d), it is a condition of eligibility that the 
        institution articulate and communicate to its students a clear 
        policy that sexual violence will not be tolerated by the 
        institution.
    (g) Evaluation.--The National Institute of Justice shall have the 
authority to carry out evaluations of programs funded under this 
section. The recipient of any grant under this section may be required 
to include an evaluation component to determine the effectiveness of 
the project or program funded that is consistent with guidelines issued 
by the National Institute of Justice.
    (h) Coordination.--The Attorney General may utilize the Office of 
Justice Programs to coordinate the administration of grants under this 
section. The coordination of grants under this section shall include 
prescribing consistent program requirements for grantees, allocating 
functions and the administration of particular grants among the 
components that participate in the administration of the program under 
this section, coordinating the program under this section with the 
Domestic Violence and Family Support Grant Program established by 
section 857, and coordinating the program under this section with other 
grant programs administered by components of the Department of Justice.
    (i) Definition.--In this section, ``sexual violence'' includes 
nonconsensual sex offenses and sex offenses involving victims who are 
not able to give legally effective consent because of age or 
incompetency.
    (j) Report.--The Attorney General shall submit an annual report to 
Congress concerning the operation and effectiveness of the program 
under this section.
    (k) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            (1) $250,000,000 for each of fiscal years 1994, 1995, and 
        1996; and
            (2) such sums as are necessary for each fiscal year 
        thereafter.

SEC. 842. SUPPLEMENTARY GRANTS FOR STATES ADOPTING EFFECTIVE LAWS 
              RELATING TO SEXUAL VIOLENCE.

    (a) Supplementary Grants.--The Attorney General may, in each fiscal 
year, authorize the award to a State of an aggregate amount of up to 
$1,000,000 under the Sexual Violence Grant Program established by 
section 141, in addition to any funds that are otherwise authorized 
under that program. The authority to award additional funding under 
this section is conditional on certification by the Attorney General 
that the State has laws relating to sexual violence that exceed or are 
reasonably comparable to the provisions of Federal law (including 
changes in Federal law made by this Act) in the following areas:
            (1) Authorization of pre-trial detention of defendants in 
        sexual assault cases where prevention of flight or the safety 
        of others cannot be reasonably assured by other means, and 
        denial of release pending appeal for persons convicted of 
        sexual assault offenses who have been sentenced to 
        imprisonment.
            (2) Authorization of severe penalties for sexual assault 
        offenses.
            (3) Pre-trial testing for the human immunodeficiency virus 
        of persons charged with sexual assault offenses, with 
        disclosure of test results to the victim.
            (4) Payment of the cost of medical examinations and the 
        cost of testing for the human immunodeficiency virus for 
        victims of sexual assaults.
            (5) According the victim of a sexual assault the right to 
        be present at judicial proceedings in the case.
            (6) Protection of victims from inquiry into unrelated 
        sexual behavior in sexual assault cases.
            (7) Rules of professional conduct for lawyers that protect 
        victims from unwarranted cross-examination and impeachment, 
        dilatory tactics, and other abuses in sexual assault cases.
            (8) Authorization of admission and consideration in sexual 
        assault cases of evidence that the defendant has committed 
        sexual assaults on other occasions.
            (9) Authorization of the victim in sexual assault cases to 
        address the court concerning the sentence to be imposed.
            (10) Authorization of the award of restitution to victims 
        of sexual assaults as part of a criminal sentence.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated in each fiscal year such sums as may be necessary to carry 
out this section.

      CHAPTER 2--DOMESTIC VIOLENCE AND OFFENSES AGAINST THE FAMILY

SEC. 851. NONCOMPLIANCE WITH CHILD SUPPORT OBLIGATIONS IN INTERSTATE 
              CASES.

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

      ``CHAPTER 110A--NONCOMPLIANCE WITH CHILD SUPPORT OBLIGATIONS

``Sec.
``2261. Noncompliance with child support obligations.
``Sec. 2261. Noncompliance with child support obligations
    ``(a) Definitions.--In this section--
            ```child support obligation' means an amount determined 
        under a court order or an order of an administrative process 
        pursuant to the law of a State to be due from a person for the 
        support of a child or of a child and the parent with whom the 
        child is living.
            ```major child support obligation' means a child support 
        obligation that has remained unpaid for a period exceeding one 
        year, or that is greater than $5,000.
            ```past due support obligation' means a child support 
        obligation that is unpaid at the time of sentencing for an 
        offense under this section.
            ```State' has the meaning stated in section 513(c)(5).
    ``(b) Offense.--A person who--
            ``(1) leaves or remains outside a State with intent to 
        avoid payment of a child support obligation; or
            ``(2) fails to pay a major child support obligation with 
        respect to a child who resides in another State, despite having 
        the financial resources to pay the obligation or the ability to 
        acquire such resources through reasonable diligence,
shall be punished as provided in subsection (d).
    ``(c) Presumption.--In relation to an offense charged under 
subsection (b)(1), the absence of the defendant from the State for an 
aggregate period of 6 months without payment of the child support 
obligation shall create a rebuttable presumption that the intent 
existed to avoid payment of the obligation.
    ``(d) Penalty.--A person convicted of an offense under this section 
shall be punished by imprisonment for up to 6 months, and on a second 
or subsequent conviction, by imprisonment for up to 2 years.
    ``(e) Restitution.--In addition to any restitution that may be 
ordered pursuant to section 3663, a sentence for an offense under this 
section shall include an order of restitution in an amount equal to the 
past due support obligation as it exists at the time of sentencing. 
Subsections (e) through (i) of section 3663 apply to an order of 
restitution pursuant to this subsection.''.
    (b) Technical Amendment.--The part analysis for part 1 of title 18, 
United States Code, is amended by inserting after the item for chapter 
110 the following new item:

``2261. Noncompliance with child support obligations.''.
    (c) Condition of Probation and Supervised Release.--Section 
3563(b)(1) of title 18, United States Code, is amended by inserting 
before the semicolon ``, including compliance with any court order or 
administrative order under the law of a State (as defined in section 
513(c)(5)) requiring payments for the support of a child or of a child 
and the parent with whom the child is living''.

SEC. 852. FULL FAITH AND CREDIT FOR PROTECTIVE ORDERS.

    (a) Requirement of Full Faith and Credit.--Chapter 110A of title 
18, United States Code, as added by section 851, is amended by adding 
at the end the following new section:
``Sec. 2262. Full faith and credit for protective orders
    ``(a) Definitions.--In this section--
            ```protective order' means an order prohibiting or limiting 
        violence against, harassment of, contact or communication with, 
        or physical proximity to another person.
            ```State' has the meaning stated in section 513(c)(5).
    ``(b) Full Faith and Credit.--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) Technical Amendment.--The chapter analysis for chapter 110A of 
title 18, United States Code, as added by section 201, is amended by 
adding at the end the following new item:

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

SEC. 853. PRESUMPTION AGAINST CHILD CUSTODY FOR SPOUSE ABUSERS.

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

SEC. 854. REPORT ON BATTERED WOMEN'S SYNDROME.

    (a) Report.--The Attorney General shall prepare and transmit to the 
Congress a report on the status of battered women's syndrome as a 
medical and psychological condition and on its effect in criminal 
trials. The Attorney General may utilize the National Institute of 
Justice to obtain information required for the preparation of the 
report.
    (b) Components of Report.--The report described in subsection (a) 
shall include--
            (1) a review of medical and psychological views concerning 
        the existence, nature, and effects of battered women's syndrome 
        as a psychological condition;
            (2) a compilation of judicial decisions that have admitted 
        or excluded evidence of battered women's syndrome as evidence 
        of guilt or as a defense in criminal trials; and
            (3) information on the views of judges, prosecutors, and 
        defense attorneys concerning the effects that evidence of 
        battered women's syndrome may have in criminal trials.

SEC. 855. REPORT ON CONFIDENTIALITY OF ADDRESSES FOR VICTIMS OF 
              DOMESTIC VIOLENCE.

    (a) Report.--The Attorney General shall conduct a study of the 
means by which abusive spouses may obtain information concerning the 
addresses or locations of estranged or former spouses, notwithstanding 
the desire of the victims to have such information withheld to avoid 
further exposure to abuse. Based on the study, the Attorney General 
shall transmit a report to Congress including--
            (1) the findings of the study concerning the means by which 
        information concerning the addresses or locations of abused 
        spouses may be obtained by abusers; and
            (2) analysis of the feasibility of creating effective means 
        of protecting the confidentiality of information concerning the 
        addresses and locations of abused spouses to protect such 
        persons from exposure to further abuse while preserving access 
        to such information for legitimate purposes.
    (b) Use of Components.--The Attorney General may use the National 
Institute of Justice and the Office for Victims of Crime in carrying 
out this section.

SEC. 856. REPORT ON RECORDKEEPING RELATING TO DOMESTIC VIOLENCE.

    Not later than 1 year after the date of enactment of this Act, the 
Attorney General shall complete a study of, and shall submit to 
Congress a report and recommendations on, problems of recordkeeping of 
criminal complaints involving domestic violence. The study and report 
shall examine--
            (1) the efforts that have been made by the Department of 
        Justice, including the Federal Bureau of Investigation, to 
        collect statistics on domestic violence; and
            (2) the feasibility of requiring that the relationship 
        between an offender and victim be reported in Federal records 
        of crimes of aggravated assault, rape, and other violent 
        crimes.

SEC. 857. DOMESTIC VIOLENCE AND FAMILY SUPPORT GRANT PROGRAM.

    (a) Purpose.--The purpose of this section is to strengthen and 
improve State and local efforts to prevent and punish domestic violence 
and other criminal and unlawful acts that particularly affect women, 
and to assist and protect the victims of such crimes and acts.
    (b) Authorization of Grants.--The Attorney General, through the 
Bureau of Justice Assistance, the Office for Victims of Crime, and the 
Bureau of Justice Statistics, may make grants to support projects and 
programs relating to domestic violence and other criminal and unlawful 
acts that particularly affect women, including support of--
            (1) training and policy development programs for law 
        enforcement officers and prosecutors concerning the 
        investigation and prosecution of domestic violence;
            (2) law enforcement and prosecutorial units and teams that 
        target domestic violence;
            (3) model, innovative, and demonstration law enforcement 
        programs relating to domestic violence that involve pro-arrest 
        and aggressive prosecution policies;
            (4) model, innovative, and demonstration programs for the 
        effective utilization and enforcement of protective orders;
            (5) programs addressing stalking and persistent menacing;
            (6) victim services programs for victims of domestic 
        violence;
            (7) shelters that provide services for victims of domestic 
        violence and related programs;
            (8) educational and informational programs relating to 
        domestic violence;
            (9) resource centers providing information, technical 
        assistance, and training to domestic violence service 
        providers, agencies, and programs;
            (10) coalitions of domestic violence service providers, 
        agencies, and programs;
            (11) training programs for judges and court personnel in 
        relation to cases involving domestic violence; and
            (12) enforcement of child support obligations, including 
        cooperative efforts and arrangements of States to improve 
        enforcement in cases involving interstate elements.
    (c) Formula Grants.--Of the amount appropriated in each fiscal year 
for grants under this section, other than the amount set aside to carry 
out subsection (d)--
            (1) 1 percent shall be set aside for each participating 
        State; and
            (2) the remainder shall be allocated to the participating 
        States in proportion to their populations;
for the use of State and local governments in the States.
    (d) Discretionary Grants.--Of the amount appropriated in each 
fiscal year, 20 percent shall be set aside in a discretionary fund to 
provide grants to public and private agencies to further the purposes 
and objectives set forth in subsections (a) and (b).
    (e) Application for Formula Grants.--To request a grant under 
subsection (c), the chief executive officer of a State must, in each 
fiscal year, submit to the Attorney General a plan for addressing 
domestic violence and other criminal and unlawful acts that 
particularly affect women in the State, including a specification of 
the uses to which funds provided under subsection (c) will be put in 
carrying out the plan. The application must include--
            (1) certification that the Federal funding provided will be 
        used to supplement and not supplant State and local funds;
            (2) certification that any requirement of State law for 
        review by the State legislature or a designated body, and any 
        requirement of State law for public notice and comment 
        concerning the proposed plan, have been satisfied; and
            (3) provisions for fiscal control, management, 
        recordkeeping, and submission of reports in relation to funds 
        provided under this section that are consistent with 
        requirements prescribed for the program.
    (f) Conditions on Grants.--
            (1) Matching funds.--Grants under subsection (c) may be for 
        up to 50 percent of the overall cost of a project or program 
        funded. Discretionary grants under subsection (d) may be for up 
        to 100 percent of the overall cost of a project or program 
        funded.
            (2) Duration of grants.--Grants under subsection (c) may be 
        provided in relation to a particular project or program for up 
        to an aggregate maximum period of four years.
            (3) Limit on administrative costs.--Not more than 5 percent 
        of a grant under subsection (c) may be used for costs incurred 
        to administer the grant.
    (g) Evaluation.--The National Institute of Justice shall have the 
authority to carry out evaluations of programs funded under this 
section. The recipient of any grant under this section may be required 
to include an evaluation component to determine the effectiveness of 
the project or program funded that is consistent with guidelines issued 
by the National Institute of Justice.
    (h) Coordination.--The Attorney General may utilize the Office of 
Justice Programs to coordinate the administration of grants under this 
section. The coordination of grants under this section shall include 
prescribing consistent program requirements for grantees, allocating 
functions and the administration of particular grants among the 
components that participate in the administration of the program under 
this section, coordinating the program under this section with the 
Sexual Violence Grant Program established by section 841, and 
coordinating the program under this section with other grant programs 
administered by components of the Department of Justice.
    (i) Definition.--In this section, ``domestic violence'' includes 
any act of criminal violence in which the offender and the victim are 
members of the same household or relatives, or in which the offender 
and the victim are present or former spouses or cohabitors or have a 
child in common.
    (j) Report.--The Attorney General shall submit an annual report to 
Congress concerning the operation and effectiveness of the program 
under this section.
    (k) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            (1) $250,000,000 for each of fiscal years 1994, 1995, and 
        1996; and
            (2) such sums as are necessary for each fiscal year 
        thereafter.

        CHAPTER 3--NATIONAL TASK FORCE ON VIOLENCE AGAINST WOMEN

SEC. 861. ESTABLISHMENT.

    Not later than 30 days after the date of enactment of this Act, the 
Attorney General shall establish a task force to be known as the 
National Task Force on Violence Against Women (referred to in this 
title as the ``task force'').

SEC. 862. DUTIES OF TASK FORCE.

    (a) General Purpose of Task Force.--The task force shall recommend 
Federal, State, and local strategies aimed at protecting women against 
violent crime, punishing persons who commit such crimes, and enhancing 
the rights of victims of such crimes.
    (b) Duties of Task Force.--The task force shall perform such 
functions as the Attorney General deems appropriate to carry out the 
purposes of the task force, including--
            (1) considering the reports and recommendations of past 
        Federal and State studies of violent crime, family violence, 
        and the treatment of crime victims, including the Report of the 
        Attorney General to the President on Combating Violent Crime 
        (1992), the Report of the Attorney General's Task Force on 
        Family Violence (1984), the Report of the President's Task 
        Force on Victims of Crime (1982), and the reports and 
        recommendations of the task forces and commissions established 
        by the States of Alabama, Alaska, Arkansas, Hawaii, Idaho, 
        Indiana, Kansas, Louisiana, Michigan, Minnesota, Nebraska, New 
        Mexico, New York, North Carolina, Rhode Island, Virginia, 
        Texas, and Wyoming;
            (2) developing strategies for Federal, State, and local law 
        enforcement designed to protect women against violent crime, 
        and to prosecute and punish those responsible for such crime;
            (3) evaluating the adequacy of rules of evidence, practice, 
        and procedure to ensure the effective prosecution and 
        conviction of violent offenders against women and to protect 
        victims from abuse in legal proceedings, and making 
        recommendations for the improvement of the rules;
            (4) evaluating the adequacy of pre-trial release, 
        sentencing, incarceration, and post-conviction release in 
        relation to violent offenders against women, and making 
        recommendations designed to ensure that such offenders are 
        restrained from causing further harm to the victim and others 
        and receive appropriate punishment, including means of ensuring 
        that the efficacy of criminal sanctions will not be undermined 
        by parole or other early release mechanisms;
            (5) assessing the issuance, formulation, and enforcement of 
        protective orders, whether or not related to a criminal 
        proceeding, and making recommendations for the effective use of 
        such orders to protect women from violence;
            (6) assessing the problem of stalking and persistent 
        menacing of women, and recommending effective means of response 
        to the problem; and
            (7) generally evaluating the treatment of women as victims 
        of violent crime in the criminal justice system, and making 
        recommendations designed to improve such treatment.

SEC. 863. MEMBERSHIP.

    (a) In General.--The task force shall consist of up to 10 members, 
who shall be appointed by the Attorney General not later than 60 days 
after the date of enactment of this Act. The Attorney General shall 
ensure that the task force includes representatives of State and local 
law enforcement, the State and local judiciary, and groups dedicated to 
protecting the rights of victims.
    (b) Chairman.--The Attorney General or the Attorney General's 
designee shall serve as chairman of the task force.

SEC. 864. PAY.

    (a) No Additional Compensation.--Members of the task force who are 
officers or employees of a governmental agency shall receive no 
additional compensation by reason of their service on the task force.
    (b) Per Diem.--While away from their homes or regular places of 
business in the performance of duties for the task force, members of 
the task force shall be allowed travel expenses, including per diem in 
lieu of subsistence, at rates authorized for employees of agencies 
under sections 5702 and 5703 of title 5, United States Code.

SEC. 865. EXECUTIVE DIRECTOR AND STAFF.

    (a) Executive Director.--
            (1) Appointment.--The task force shall have an Executive 
        Director who shall be appointed by the Attorney General not 
        later than 30 days after the task force is fully constituted 
        under section 303.
            (2) Compensation.--The Executive Director shall be 
        compensated at a rate not to exceed the maximum rate of the 
        basic pay payable for a position above GS-15 of the General 
        Schedule contained in title 5, United States Code.
    (b) Staff.--With the approval of the task force, the Executive 
Director may appoint and fix the compensation of such additional 
personnel as the Executive Director considers necessary to carry out 
the duties of the task force.
    (c) Applicability of Civil Service Laws.--The Executive Director 
and the additional personnel of the task force appointed under 
subsection (b) may be appointed without regard to title 5, United 
States Code, governing appointments in the competitive service, and may 
be paid without regard to chapter 51 and subchapter III of chapter 53 
of that title relating to classification and General Schedule pay 
rates.
    (d) Consultants.--Subject to such rules as may be prescribed by the 
task force, the Executive Director may procure temporary intermittent 
services under section 3109(b) of title 5, United States Code, at rates 
for individuals not to exceed $200 per day.

SEC. 866. POWERS OF TASK FORCE.

    (a) Hearings.--For the purpose of carrying out this title, the task 
force may conduct such hearings, sit and act at such times and places, 
take such testimony, and receive such evidence, as the task force 
considers appropriate. A member of the task force may administer oaths 
to persons appearing before the task force.
    (b) Delegation.--Any member or employee of the task force may, if 
authorized by the task force, take any action that the task force is 
authorized to take under this title.
    (c) Access to Information.--The task force may secure directly from 
any executive department or agency such information as may be necessary 
to enable the task force to carry out this title, to the extent access 
to such information is permitted by law. On request of the Attorney 
General, the head of such a department or agency shall furnish such 
permitted information to the task force.
    (d) Mail.--The task force may use the United States mails in the 
same manner and under the same conditions as other departments and 
agencies of the United States.

SEC. 867. REPORT.

    Not later than 1 year after the date on which the task force is 
fully constituted under section 303, the Attorney General shall submit 
a detailed report to the Congress on the findings and recommendations 
of the task force.

SEC. 868. AUTHORIZATION OF APPROPRIATION.

    There is authorized to be appropriated to carry out this title 
$500,000 for fiscal year 1994.

SEC. 869. TERMINATION.

    The task force shall cease to exist 30 days after the date on which 
the Attorney General's report is submitted under section 307. The 
Attorney General may extend the life of the task force for a period of 
not to exceed one year.

                      Subtitle B--Victims' Rights

SEC. 871. RESTITUTION AMENDMENTS.

    Section 3663(b) of title 18, United States Code, is amended--
            (1) by striking ``and'' at the end of paragraph (3);
            (2) by redesignating paragraph (4) as paragraph (5); and
            (3) by inserting after paragraph (4) the following new 
        paragraph:
            ``(4) in any case, reimburse the victim for 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''.
    (b) Suspension of Federal Benefits.--Section 3663 of title 18, 
United States Code, is amended--
            (1) by redesignating subsections (g) and (h) as subsections 
        (h) and (i), respectively; and
            (2) by inserting after subsection (f) the following new 
        subsection:
    ``(g)(1) If the defendant is delinquent in making restitution in 
accordance with any schedule of payments or any requirement of 
immediate payment imposed under this section, the court may, after a 
hearing, suspend the defendant's eligibility for all Federal benefits 
until such time as the defendant demonstrates to the court good-faith 
efforts to return to such schedule.
    ``(2) In this subsection--
            ``(A) `Federal benefits'--
                    ``(i) means any grant, contract, loan, professional 
                license, or commercial license provided by an agency of 
                the United States or by appropriated funds of the 
                United States; and
                    ``(ii) does not include any retirement, welfare, 
                Social Security, health, disability, veterans benefit, 
                public housing, or other similar benefit, or any other 
                benefit for which payments or services are required for 
                eligibility.
            ``(B) `veterans benefit' means all benefits provided to 
        veterans, their families, or survivors by virtue of the service 
        of a veteran in the Armed Forces of the United States.''.

SEC. 872. 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. 873. MANDATORY RESTITUTION AND OTHER PROVISIONS.

    (a) Order of Restitution.--Section 3663 of title 18, United States 
Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``may order'' and inserting ``shall 
                order''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(4) 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)(A) 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), (h), and (i), as 
        redesignated by section 871(b)(1);
            (6) by redesignating subsection (g), as added by section 
        871(b)(2), as subsection (d); and
            (7) by adding at the end the following new subsections:
    ``(e)(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;
            ``(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.
    ``(f) 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.
    ``(g) 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.
    ``(h)(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.
    ``(i) 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 an 
        entity designated by the Director of the Administrative Office 
        of the United States Courts for accounting and payment by the 
        entity in accordance with this subsection;
            ``(2) the entity designated by the Director of the 
        Administrative Office of the United States Courts 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;
                            ``(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 entity designated by 
        the Director of the Administrative Office of the United States 
        Courts of any change in the offender's address during the term 
        of the restitution order.
    ``(j) 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.
    ``(k) 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.
    ``(l) 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; or
                    ``(B) in the same manner as a judgment in a civil 
                action; and
            ``(2) by a victim named in the order to receive 
        restitution, in the same manner as a judgment in a civil 
        action.
    ``(m) 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 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 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.''.

               Subtitle C--National Child Protection Act

SEC. 881. SHORT TITLE.

    This subtitle may be cited as the ``National Child Protection Act 
of 1993''.

SEC. 882. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that--
            (1) more than 2,500,000 reports of suspected child abuse 
        and neglect are made each year, and increases have occurred in 
        recent years in the abuse of children by persons who have 
        previously committed crimes of child abuse or other serious 
        crimes;
            (2) although the great majority of child care providers are 
        caring and dedicated professionals, child abusers and others 
        who harm or prey on children frequently seek employment in or 
        volunteer for positions that give them access to children;
            (3) nearly 6,000,000 children received day care in 1990, 
        and this total is growing rapidly to an estimated 8,000,000 
        children by 1995;
            (4) exposure to child abusers and others who harm or prey 
        on children is harmful to the physical and emotional well-being 
        of children;
            (5) there is no reliable, centralized national source 
        through which child care organizations may obtain the benefit 
        of a nationwide criminal background check on persons who 
        provide or seek to provide child care;
            (6) some States maintain automated criminal background 
        files and provide criminal history information to child care 
        organizations on persons who provide or seek to provide child 
        care; and
            (7) because State and national criminal justice databases 
        are inadequate to permit effective national background checks, 
        persons convicted of crimes of child abuse or other serious 
        crimes may gain employment at a child care organization.
    (b) Purposes.--The purposes of this subtitle are--
            (1) to establish a national system through which child care 
        organizations may obtain the benefit of a nationwide criminal 
        background check to determine if persons who are current or 
        prospective child care providers have committed child abuse 
        crimes or other serious crimes;
            (2) to establish minimum criteria for State laws and 
        procedures that permit child care organizations to obtain the 
        benefit of nationwide criminal background checks to determine 
        if persons who are current or prospective child care providers 
        have committed child abuse crimes or other serious crimes;
            (3) to provide procedural rights for persons who are 
        subject to nationwide criminal background checks, including 
        procedures to challenge and correct inaccurate background check 
        information;
            (4) to establish a national system for the reporting by the 
        States of child abuse crime information; and
            (5) to document and study the problem of child abuse by 
        providing statistical and informational data on child abuse and 
        related crimes to the Department of Justice and other 
        interested parties.

SEC. 883. DEFINITIONS.

    In this subtitle--
            ``authorized agency'' means a division or office of a State 
        designated by a State to report, receive, or disseminate 
        information under this subtitle.
            ``background check crime'' means a child abuse crime, 
        murder, manslaughter, aggravated assault, kidnapping, arson, 
        sexual assault, domestic violence, incest, indecent exposure, 
        prostitution, promotion of prostitution, and a felony offense 
        involving the use or distribution of a controlled substance.
            ``child'' means a person who is a child for purposes of the 
        criminal child abuse law of a State.
            ``child abuse'' means the physical or mental injury, sexual 
        abuse or exploitation, neglectful treatment, negligent 
        treatment, or maltreatment of a child by any person in 
        violation of the criminal child abuse laws of a State, but does 
        not include discipline administered by a parent or legal 
        guardian to his or her child provided it is reasonable in 
        manner and moderate in degree and otherwise does not constitute 
        cruelty.
            ``child abuse crime'' means a crime committed under any law 
        of a State that establishes criminal penalties for the 
        commission of child abuse by a parent or other family member of 
        a child or by any other person.
            ``child abuse crime information'' means the following facts 
        concerning a person who is under indictment for, or has been 
        convicted of, a child abuse crime: full name, social security 
        number, age, race, sex, date of birth, height, weight, hair and 
        eye color, legal residence address, a brief description of the 
        child abuse crime or offenses for which the person is under 
        indictment or has been convicted, and any other information 
        that the Attorney General determines may be useful in 
        identifying persons under indictment for, or convicted of, a 
        child abuse crime.
            ``child care'' means the provision of care, treatment, 
        education, training, instruction, supervision, or recreation to 
        children.
            ``domestic violence'' means a felony or misdemeanor 
        involving the use or threatened use of force by--
                    (A) a present or former spouse of the victim;
                    (B) a person with whom the victim shares a child in 
                common;
                    (C) a person who is cohabiting with or has 
                cohabited with the victim as a spouse; or
                    (D) any person defined as a spouse of the victim 
                under the domestic or family violence laws of a State.
            ``exploitation'' means child pornography and child 
        prostitution.
            ``mental injury'' means harm to a child's psychological or 
        intellectual functioning, which may be exhibited by severe 
        anxiety, depression, withdrawal or outward aggressive behavior, 
        or a combination of those behaviors or by a change in behavior, 
        emotional response, or cognition.
            ``national criminal background check system'' means the 
        system of information and identification relating to convicted 
        and accused child abuse offenders that is maintained by the 
        Attorney General under this subtitle.
            ``negligent treatment'' means the failure to provide, for a 
        reason other than poverty, adequate food, clothing, shelter, or 
        medical care so as to seriously endanger the physical health of 
        a child.
            ``physical injury'' includes lacerations, fractured bones, 
        burns, internal injuries, severe bruising, and serious bodily 
        harm.
            ``provider'' means
                    (A) a person who--
                            (i) is employed by or volunteers with a 
                        qualified entity;
                            (ii) who owns or operates a qualified 
                        entity; or
                            (iii) who has or may have unsupervised 
                        access to a child to whom the qualified entity 
                        provides child care; and
                    (B) a person who--
                            (i) seeks to be employed by or volunteer 
                        with a qualified entity;
                            (ii) seeks to own or operate a qualified 
                        entity; or
                            (iii) seeks to have or may have 
                        unsupervised access to a child to whom the 
                        qualified entity provides child care.
            ``qualified entity'' means a business or organization, 
        whether public, private, for-profit, not-for-profit, or 
        voluntary, that provides child care or child care placement 
        services, including a business or organization that licenses or 
        certifies others to provide child care or child care placement 
        services.
            ``sex crime'' means an act of sexual abuse that is a 
        criminal act.
            ``sexual abuse'' includes the employment, use, persuasion, 
        inducement, enticement, or coercion of a child to engage in, or 
        assist another person to engage in, sexually explicit conduct 
        or the rape, molestation, prostitution, or other form of sexual 
        exploitation of children or incest with children.
            ``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. 884. REPORTING BY THE STATES.

    (a) In General.--An authorized agency of a State shall report child 
abuse crime information to the national criminal background check 
system.
    (b) Provision of State Child Abuse Crime Records to the National 
Criminal Background Check System.--(1) Not later than 180 days after 
the date of enactment of this Act, the Attorney General shall--
            (A) investigate the criminal records of each State and 
        determine for each State a timetable by which the State should 
        be able to provide child abuse crime records on an on-line 
        capacity basis to the national criminal background check 
        system;
            (B) establish guidelines for the reporting of child abuse 
        crime information, including guidelines relating to the format, 
        content, and accuracy of child abuse crime information and 
        other procedures for carrying out this subtitle; and
            (C) notify each State of the determinations made pursuant 
        to subparagraphs (A) and (B).
    (2) The Attorney General shall require as a part of the State 
timetable that the State--
            (A) achieve, by not later than the date that is 3 years 
        after the date of enactment of this Act, at least 80 percent 
        currency of child abuse crime case dispositions in computerized 
        criminal history files for all child abuse crime cases in which 
        there has been an entry of activity within the last 5 years; 
        and
            (B) continue to maintain such a system.
    (c) Exchange of Information.--An authorized agency of a State shall 
maintain close liaison with the National Center on Child Abuse and 
Neglect, the National Center for Missing and Exploited Children, and 
the National Center for the Prosecution of Child Abuse for the exchange 
of information and technical assistance in cases of child abuse.
    (d) Annual Summary.--(1) The Attorney General shall publish an 
annual statistical summary of the child abuse crime information 
reported under this subtitle.
    (2) The annual statistical summary described in paragraph (1) shall 
not contain any information that may reveal the identity of any 
particular victim of a crime.
    (e) Annual Report.--The Attorney General shall publish an annual 
summary of each State's progress in reporting child abuse crime 
information to the national criminal background check system.
    (f) Study of Child Abuse Offenders.--(1) Not later than 180 days 
after the date of enactment of this Act, the Administrator of the 
Office of Juvenile Justice and Delinquency Prevention shall begin a 
study based on a statistically significant sample of convicted child 
abuse offenders and other relevant information to determine--
            (A) the percentage of convicted child abuse offenders who 
        have more than 1 conviction for an offense involving child 
        abuse;
            (B) the percentage of convicted child abuse offenders who 
        have been convicted of an offense involving child abuse in more 
        than 1 State;
            (C) whether there are crimes or classes of crimes, in 
        addition to those defined as background check crimes in section 
        883, that are indicative of a potential to abuse children; and
            (D) the extent to which and the manner in which instances 
        of child abuse form a basis for convictions for crimes other 
        than child abuse crimes.
    (2) Not later than 1 year after the date of enactment of this Act, 
the Administrator shall submit a report to the Chairman of the 
Committee on the Judiciary of the Senate and the Chairman of the 
Committee on the Judiciary of the House of Representatives containing a 
description of and a summary of the results of the study conducted 
pursuant to paragraph (1).

SEC. 885. BACKGROUND CHECKS.

    (a) In General.--(1) A State may have in effect procedures 
(established by or under State statute or regulation) to permit a 
qualified entity to contact an authorized agency of the State to 
request a nationwide background check for the purpose of determining 
whether there is a report that a provider is under indictment for, or 
has been convicted of, a background check crime.
    (2) The authorized agency shall access and review State and Federal 
records of background check crimes through the national criminal 
background check system and other criminal justice recordkeeping 
systems and shall respond promptly to the inquiry.
    (b) Guidelines.--(1) The Attorney General shall establish 
guidelines for State background check procedures established under 
subsection (a), including procedures for carrying out the purposes of 
this subtitle.
    (2) The guidelines established under paragraph (1) shall require--
            (A) that no qualified entity may request a background check 
        of a provider under subsection (a) unless the provider first 
        completes and signs a statement that--
                    (i) contains the name, address, and date of birth 
                appearing on a valid identification document (as 
                defined by section 1028(d)(1) of title 18, United 
                States Code) of the provider;
                    (ii) the provider is not under indictment for, and 
                has not been convicted of, a background check crime 
                and, if the provider is under indictment for or has 
                been convicted of a background check crime, contains a 
                description of the crime and the particulars of the 
                indictment or conviction;
                    (iii) notifies the provider that the entity may 
                request a background check under subsection (a);
                    (iv) notifies the provider of the provider's rights 
                under subparagraph (B); and
                    (v) notifies the provider that prior to the receipt 
                of the background check the qualified entity may choose 
                to deny the provider unsupervised access to a child to 
                whom the qualified entity provides child care;
            (B) that each State establish procedures under which a 
        provider who is the subject of a background check under 
        subsection (a) is entitled--
                    (i) to obtain a copy of any background check report 
                and any record that forms the basis for any such 
                report; and
                    (ii) to challenge the accuracy and completeness of 
                any information contained in any such report or record 
                and obtain a prompt determination from an authorized 
                agency as to the validity of such challenge;
            (C) that an authorized agency to which a qualified entity 
        has provided notice pursuant to subsection (a) make reasonable 
        efforts to complete research in whatever State and local 
        recordkeeping systems are available and in the national 
        criminal background check system and respond to the qualified 
        entity within 15 business days;
            (D) that the response of an authorized agency to an inquiry 
        pursuant to subsection (a) informs the qualified entity that 
        the background check pursuant to this section--
                    (i) may not reflect all indictments or convictions 
                for a background check crime;
                    (ii) is not certain to include arrest information; 
                and
                    (iii) should not be the sole basis for determining 
                the fitness of a provider;
            (E) that the response of an authorized agency to an inquiry 
        pursuant to subsection (a)--
                    (i) at a minimum, states whether the background 
                check information set forth in the identification 
                document required under subparagraph (A) is complete 
                and accurate; and
                    (ii) be limited to the information reasonably 
                required to accomplish the purposes of this subtitle;
            (F) that no qualified entity may take action adverse to a 
        provider, except that the qualified entity may choose to deny 
        the provider unsupervised access to a child to whom the 
        qualified entity provides child care, on the basis of a 
        background check under subsection (a) until the provider has 
        obtained a determination as to the validity of any challenge 
        under subparagraph (B) or waived the right to make such 
        challenge;
            (G) that each State establish procedures to ensure that any 
        background check under subsection (a) and the results thereof 
        shall be requested by and provided only to--
                    (i) qualified entities identified by States;
                    (ii) authorized representatives of a qualified 
                entity who have a need to know such information;
                    (iii) the providers;
                    (iv) law enforcement authorities; or
                    (v) pursuant to the direction of a court of law;
            (H) that background check information conveyed to a 
        qualified entity pursuant to subsection (a) shall not be 
        conveyed to any person except as provided under subparagraph 
        (G);
            (I) that an authorized agency shall not be liable in an 
        action at law for damages for failure to prevent a qualified 
        entity from taking action adverse to a provider on the basis of 
        a background check; and
            (J) that a State employee or a political subdivision of a 
        State or employee thereof responsible for providing information 
        to the national criminal background check system shall not be 
        liable in an action at law for damages for failure to prevent a 
        qualified entity from taking action adverse to a provider on 
        the basis of a background check.
    (c) Equivalent Procedures.--(1) Notwithstanding anything to the 
contrary in this section, the Attorney General may certify that a State 
licensing or certification procedure that differs from the procedures 
described in subsections (a) and (b) shall be deemed to be the 
equivalent of such procedures for purposes of this subtitle, but the 
procedures described in subsections (a) and (b) shall continue to apply 
to those qualified entities, providers, and background check crimes 
that are not governed by or included within the State licensing or 
certification procedure.
    (2) The Attorney General shall by regulation establish criteria for 
certifications under this subsection. Such criteria shall include a 
finding by the Attorney General that the State licensing or 
certification procedure accomplishes the purposes of this subtitle and 
incorporates a nationwide review of State and Federal records of 
background check offenses through the national criminal background 
check system.
    (d) Records Exchange.--The Attorney General may exchange Federal 
Bureau of Investigation identification records with authorized agencies 
for purposes of background checks under subsection (a) and may by 
regulation authorize further dissemination of such records by 
authorized agencies for such purposes.
    (e) Regulations.--(1) The Attorney General shall by regulation 
prescribe such other measures as may be required to carry out the 
purposes of this subtitle, including measures relating to the security, 
confidentiality, accuracy, use, misuse, and dissemination of 
information, and audits and recordkeeping.
    (2) The Attorney General shall, to the maximum extent possible, 
encourage the use of the best technology available in conducting 
background checks.

SEC. 886. FUNDING FOR IMPROVEMENT OF CHILD ABUSE CRIME INFORMATION.

    (a) Use of Formula Grants for Improvements in State Records and 
Systems.--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) in paragraph (2) by striking ``and'' after the 
        semicolon;
            (2) in paragraph (3) by striking the period 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 the Attorney General under 
        section 884 of the National Child Protection Act of 1993 with 
        the Attorney General for the purpose of implementing the 
        National Child Protection Act of 1993.''.
    (b) Additional Funding Grants for the Improvement of Child Abuse 
Crime Information.--(1) The Attorney General shall, subject to 
appropriations and with preference to States that as of the date of 
enactment of this Act have the lowest percent currency of case 
dispositions in computerized criminal history files, make a grant to 
each State to be used--
            (A) for the computerization of criminal history files for 
        the purposes of this subtitle;
            (B) for the improvement of existing computerized criminal 
        history files for the purposes of this subtitle;
            (C) to improve accessibility to the national criminal 
        background check system for the purposes of this subtitle; and
            (D) to assist the State in the transmittal of criminal 
        records to, or the indexing of criminal history records in, the 
        national criminal background check system for the purposes of 
        this subtitle.
    (2) There are authorized to be appropriated for grants under 
paragraph (1) a total of $20,000,000 for fiscal years 1994, 1995, and 
1996.
    (c) Withholding State Funds.--Effective 1 year after the date of 
enactment of this Act, 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 the timetable established for that State 
under section 884.

 Subtitle D--Jacob Wetterling Crimes Against Children Registration Act

SEC. 891. SHORT TITLE.

    This subtitle may be cited as the ``Jacob Wetterling Crimes Against 
Children Registration Act''.

SEC. 892. ESTABLISHMENT OF PROGRAM.

    (a) In General.--
            (1) State guidelines.--The Attorney General shall establish 
        guidelines for State programs requiring any person who is 
        convicted of a criminal offense against a victim who is a minor 
        to register a current address with a designated State law 
        enforcement agency for 10 years after release from prison, 
        being placed on parole, or being placed on supervised release.
            (2) Definition.--For purposes of this subsection, 
        ``criminal offense against a victim who is a minor'' includes--
                    (A) kidnapping of a minor, except by a noncustodial 
                parent;
                    (B) false imprisonment of a minor, except by a 
                noncustodial parent;
                    (C) criminal sexual conduct toward a minor;
                    (D) solicitation of minors to engage in sexual 
                conduct;
                    (E) use of minors in a sexual performance; or
                    (F) solicitation of minors to practice 
                prostitution.
    (b) Registration Requirement Upon Release, Parole, or Supervised 
Release.--An approved State registration program established by this 
section shall contain the following requirements:
            (1) Notification.--If a person who is required to register 
        under this section is released from prison, paroled, or placed 
        on supervised release, a State prison officer shall--
                    (A) inform the person of the duty to register;
                    (B) inform the person that if the person changes 
                residence address, the person shall give the new 
                address to a designated State law enforcement agency in 
                writing within 10 days;
                    (C) obtain fingerprints and a photograph of the 
                person if these have not already been obtained in 
                connection with the offense that triggers registration; 
                and
                    (D) require the person to read and sign a form 
                stating that the duty of the person to register under 
                this section has been explained.
            (2) Transfer of information to state and the fbi.--The 
        officer shall, within 3 days after receipt of information 
        described in paragraph (1), forward it to a designated State 
        law enforcement agency. The State law enforcement agency shall 
        immediately enter the information into the appropriate State 
        law enforcement record system and notify the appropriate law 
        enforcement agency having jurisdiction where the person expects 
        to reside. The State law enforcement agency shall also 
        immediately transmit the conviction data and fingerprints to 
        the Identification Division of the Federal Bureau of 
        Investigation.
            (3) Annual verification.--On each anniversary of a person's 
        initial registration date during the period in which the person 
        is required to register under this section, the designated 
        State law enforcement agency shall mail a nonforwardable 
        verification form to the last reported address of the person. 
        The person shall mail the verification form to the officer 
        within 10 days after receipt of the form. The verification form 
        shall be signed by the person, and state that the person still 
        resides at the address last reported to the designated State 
        law enforcement agency. If the person fails to mail the 
        verification form to the designated State law enforcement 
        agency within 10 days after receipt of the form, the person 
        shall be in violation of this section unless the person proves 
        that the person has not changed his or her residence address.
            (4) Notification of local law enforcement agencies of 
        changes in address.--Any change of address by a person required 
        to register under this section reported to the designated State 
        law enforcement agency shall immediately be reported to the 
        appropriate law enforcement agency having jurisdiction where 
        the person is residing.
    (c) Registration for 10 Years.--A person required to register under 
this section shall continue to comply with this section until 10 years 
have elapsed since the person was released from imprisonment, or placed 
on parole or supervised release.
    (d) Penalty.--A person required to register under a State program 
established pursuant to this section who knowingly fails to so register 
and keep such registration current shall be subject to criminal 
penalties in such State. It is the sense of Congress that such 
penalties should include at least 6 months' imprisonment.
    (e) Private Data.--The information provided under this section is 
private data on individuals and may be used for law enforcement 
purposes and confidential background checks conducted with fingerprints 
for child care services providers.

SEC. 893. STATE COMPLIANCE.

    (a) Compliance Date.--Each State shall have 3 years from the date 
of the enactment of this Act in which to implement this subtitle.
    (b) Ineligibility for Funds.--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) received by a State not complying with this 
subtitle 3 years after the date of enactment of this Act shall be 
reduced by 25 percent and the unallocated funds shall be reallocated to 
the States in compliance with this section.

                      TITLE IX--EQUAL JUSTICE ACT

SEC. 901. SHORT TITLE.

    This title may be cited as the ``Equal Justice Act''.

SEC. 902. PROHIBITION OF RACIALLY DISCRIMINATORY POLICIES CONCERNING 
              CAPITAL PUNISHMENT OR OTHER PENALTIES.

    (a) General Rule.--The penalty of death and all other penalties 
shall be administered by the United States and by every State without 
regard to the race or color of the defendant or victim. Neither the 
United States nor any State shall prescribe any racial quota or 
statistical test for the imposition or execution of the death penalty 
or any other penalty.
    (b) Definitions.--For purposes of this title--
            (1) the action of the United States or of a State includes 
        the action of any legislative, judicial, executive, 
        administrative, or other agency or instrumentality of the 
        United States or a State, or of any political subdivision of 
        the United States or a State;
            (2) the term ``State'' has the meaning stated in section 
        513 of title 18, United States Code; and
            (3) the term ``racial quota or statistical test'' includes 
        any law, rule, presumption, goal, standard for establishing a 
        prima facie case, or mandatory or permissive inference that--
                    (A) requires or authorizes the imposition or 
                execution of the death penalty or another penalty so as 
                to achieve a specified racial proportion relating to 
                offenders, convicts, defendants, arrestees, or victims; 
                or
                    (B) requires or authorizes the invalidation of, or 
                bars the execution of, sentences of death or other 
                penalties based on the failure of a jurisdiction to 
                achieve a specified racial proportion relating to 
                offenders, convicts, defendants, arrestees, or victims 
                in the imposition or execution of such sentences or 
                penalties.

SEC. 903. GENERAL SAFEGUARDS AGAINST RACIAL PREJUDICE OR BIAS IN THE 
              TRIBUNAL.

    In a criminal trial in a court of the United States, or of any 
State--
            (1) on motion of the defense attorney or prosecutor, the 
        risk of racial prejudice or bias shall be examined on voir dire 
        if there is a substantial likelihood in the circumstances of 
        the case that such prejudice or bias will affect the jury 
        either against or in favor of the defendant;
            (2) on motion of the defense attorney or prosecutor, a 
        change of venue shall be granted if an impartial jury cannot be 
        obtained in the original venue because of racial prejudice or 
        bias; and
            (3) neither the prosecutor nor the defense attorney shall 
        make any appeal to racial prejudice or bias in statements 
        before the jury.

SEC. 904. FEDERAL CAPITAL CASES.

    (a) Jury Instructions and Certification.--In a prosecution for an 
offense against the United States in which a sentence of death is 
sought, and in which the capital sentencing determination is to be made 
by a jury, the judge shall instruct the jury that it is not to be 
influenced by prejudice or bias relating to the race or color of the 
defendant or victim in considering whether a sentence of death is 
justified, and that the jury is not to recommend the imposition of a 
sentence of death unless it has concluded that it would recommend the 
same sentence for such a crime regardless of the race or color of the 
defendant or victim. Upon the return of a recommendation of a sentence 
of death, the jury shall also return a certificate, signed by each 
juror, that the juror's individual decision was not affected by 
prejudice or bias relating to the race or color of the defendant or 
victim, and that the individual juror would have made the same 
recommendation regardless of the race or color of the defendant or 
victim.
    (b) Racially Motivated Killings.--In a prosecution for an offense 
against the United States for which a sentence of death is authorized, 
the fact that the killing of the victim was motivated by racial 
prejudice or bias shall be deemed an aggravating factor whose existence 
permits consideration of the death penalty, in addition to any other 
aggravating factors that may be specified by law as permitting 
consideration of the death penalty.

SEC. 905. EXTENSION OF PROTECTION OF CIVIL RIGHTS STATUTES.

    (a) Section 241.--Section 241 of title 18, United States Code, is 
amended by striking ``inhabitant of'' and inserting ``person in''.
    (b) Section 242.--Section 242 of title 18, United States Code, is 
amended by striking ``inhabitant of'' and inserting ``person in'', and 
by striking ``such inhabitant'' and inserting ``such person''.

             TITLE X--FUNDING, GRANT PROGRAMS, AND STUDIES

              Subtitle A--Safer Streets and Neighborhoods

SEC. 1001. SHORT TITLE.

    This subtitle may be cited as the ``Law Enforcement Enhancement Act 
of 1993''.

SEC. 1002. GRANTS TO STATE AND LOCAL AGENCIES FOR THE HIRING OF LAW 
              ENFORCEMENT PERSONNEL.

    (a) Authorization of Appropriations.--Section 1001(a)(5) of part J 
of title I of the Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3793(a)(5)) is amended to read as follows:
    ``(5) There are authorized to be appropriated $1,000,000,000 for 
fiscal year 1994 and such sums as are necessary in fiscal years 1995 
and 1996 to carry out the programs under parts D and E. Sums 
appropriated for fiscal years 1994, 1995, and 1996 that are in excess 
of sums appropriated for fiscal year 1993 shall be used primarily for 
the purposes of section 501(b)(22).''.
    (b) Hiring of Additional Career Law Enforcement Officers.--Section 
501(b) of title I of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3751(b)) is amended--
            (1) by striking ``and'' at the end of paragraph (20);
            (2) by striking the period at the end of paragraph (21) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(22) hiring additional career law enforcement 
        officers.''.

SEC. 1003. CONTINUATION OF FEDERAL-STATE FUNDING FORMULA.

    Section 504(a)(1) of part E of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3754(a)(1)) is amended by 
striking ``1991'' and inserting ``1994''.

SEC. 1004. EQUITY IN FUNDING.

    Section 506(a)(1) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3756(a)(6)) is amended by striking 
``0.25'' and inserting ``0.5''.

        Subtitle B--Retired Public Safety Officer Death Benefit

SEC. 1011. RETIRED PUBLIC SAFETY OFFICER DEATH BENEFIT.

    (a) Payments.--Section 1201 of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3796) is amended--
            (1) in subsection (a) by inserting ``or a retired public 
        safety officer has died as the direct and proximate result of a 
        personal injury sustained while responding to a fire, rescue, 
        or police emergency'' after ``line of duty'';
            (2) in subsection (b) by inserting ``or a retired public 
        safety officer has become permanently and totally disabled as 
        the direct result of a catastrophic injury sustained while 
        responding to a fire, rescue, or police emergency'' after 
        ``line of duty''; and
            (3) in subsections (c), (i), and (j) by inserting ``or a 
        retired public safety officer'' after ``public safety officer'' 
        each place it appears.
    (b) Limitations.--Section 1202 of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796a) is amended--
            (1) in paragraph (1) by striking ``the public safety 
        officer or by such officer's intention'' and inserting ``the 
        public safety officer or the retired public safety officer who 
        had the intention'';
            (2) in paragraph (2) by striking ``the public safety 
        officer'' and inserting ``the public safety officer or the 
        retired public safety officer''; and
            (3) in paragraph (3) by striking ``the public safety 
        officer'' and inserting ``the public safety officer or the 
        retired public safety officer''.
    (c) National Program.--Section 1203 of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796a-1) is amended by 
inserting before the period ``or retired public safety officers who 
have died while responding to a fire, rescue, or police emergency''.
    (d) Definitions.--Section 1204 of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796b) is amended--
            (1) by striking ``and'' after paragraph (6);
            (2) by inserting ``; and'' at the end of paragraph (7); and
            (3) by adding at the end the following new paragraph:
            ``(8) `retired public safety officer' means a former public 
        safety officer who has served a sufficient period of time in 
        such capacity to become vested in the retirement system of a 
        public agency with which the officer was employed and who 
        retired from such agency in good standing.''.
    (e) Effective Date.--The amendments made by this section shall 
apply with respect to death or injuries occurring after the date of 
enactment of this Act.
    (f) Irwin Rutman Program.--Part L of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.) is 
amended by inserting before section 1201 the following new section:

                           ``name of program

    ``Sec. 1200. The program established under this part shall be known 
as the `Irwin Rutman Retired Safety Officer's Benefit Program'.''.

              Subtitle C--Study on Police Officers' Rights

SEC. 1021. STUDY ON POLICE OFFICERS' RIGHTS.

    The Attorney General, through the National Institute of Justice, 
shall conduct a study of the procedures followed in internal, 
noncriminal investigations of State and local law enforcement officers 
to determine if such investigations are conducted fairly and 
effectively. The study shall examine the adequacy of the rights 
available to law enforcement officers and members of the public in 
cases involving the performance of a law enforcement officer, 
including--
            (1) notice;
            (2) conduct of questioning;
            (3) counsel;
            (4) hearings;
            (5) appeal; and
            (6) sanctions.
Not later than 1 year after the date of enactment of this Act, the 
Attorney General shall submit to the Congress a report on the results 
of the study, along with findings and recommendations on strategies to 
guarantee fair and effective internal affairs investigations.

                   Subtitle D--COP-ON-THE-BEAT GRANTS

SEC. 1031. SHORT TITLE.

    This subtitle may be cited as ``The Cop-on-the-Beat Act of 1993''.

SEC. 1032. COP-ON-THE-BEAT GRANTS.

    (a) In General.--Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 
633(a), 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 R--COP-ON-THE-BEAT GRANTS

``SEC. 1701. GRANT AUTHORIZATION.

    ``(a) Grant Projects.--The Director of the Bureau of Justice 
Assistance may make grants to units of local government and to 
community groups to establish or expand cooperative efforts between 
police and a community for the purposes of increasing police presence 
in the community, including--
            ``(1) developing innovative neighborhood-oriented policing 
        programs;
            ``(2) providing new technologies to reduce the amount of 
        time officers spend processing cases instead of patrolling the 
        community;
            ``(3) purchasing equipment to improve communications 
        between officers and the community and to improve the 
        collection, analysis, and use of information about crime-
        related community problems;
            ``(4) developing policies that reorient police emphasis 
        from reacting to crime to preventing crime;
            ``(5) creating decentralized police substations throughout 
        the community to encourage interaction and cooperation between 
        the public and law enforcement personnel on a local level;
            ``(6) providing training and problem solving for community 
        crime problems;
            ``(7) providing training in cultural differences for law 
        enforcement officials;
            ``(8) developing community-based crime prevention programs, 
        such as safety programs for senior citizens, community 
        anticrime groups, and other anticrime awareness programs;
            ``(9) developing crime prevention programs in communities 
        that have experienced a recent increase in gang-related 
        violence; and
            ``(10) developing projects following the model under 
        subsection (b).
    ``(b) Model Project.--The Director shall develop a written model 
that informs community members regarding--
            ``(1) how to identify the existence of a drug or gang 
        house;
            ``(2) what civil remedies, such as public nuisance 
        violations and civil suits in small claims court, are 
        available; and
            ``(3) what mediation techniques are available between 
        community members and individuals who have established a drug 
        or gang house in the community.

``SEC. 1702. APPLICATION.

    ``(a) In General.--(1) To be eligible to receive a grant under this 
part, a chief executive of a unit of local government, a duly 
authorized representative of a combination of local governments within 
a geographic region, or a community group shall submit an application 
to the Director in such form and containing such information as the 
Director may reasonably require.
    ``(2) In an application under paragraph (1), a single office, or 
agency (public, private, or nonprofit) shall be designated as 
responsible for the coordination, implementation, administration, 
accounting, and evaluation of services described in the application.
    ``(b) General Contents.--Each application under subsection (a) 
shall include--
            ``(1) a request for funds available under this part for the 
        purposes described in section 1701;
            ``(2) a description of the areas and populations to be 
        served by the grant; and
            ``(3) assurances that Federal funds received under this 
        part shall be used to supplement, not supplant, non-Federal 
        funds that would otherwise be available for activities funded 
        under this part.
    ``(c) Comprehensive Plan.--Each application shall include a 
comprehensive plan that contains--
            ``(1) a description of the crime problems within the areas 
        targeted for assistance;
            ``(2) a description of the projects to be developed;
            ``(3) a description of the resources available in the 
        community to implement the plan together with a description of 
        the gaps in the plan that cannot be filled with existing 
        resources;
            ``(4) an explanation of how the requested grant shall be 
        used to fill those gaps;
            ``(5) a description of the system the applicant shall 
        establish to prevent and reduce crime problems; and
            ``(6) an evaluation component, including performance 
        standards and quantifiable goals the applicant shall use to 
        determine project progress, and the data the applicant shall 
        collect to measure progress toward meeting project goals.

``SEC. 1703. ALLOCATION OF FUNDS; LIMITATIONS ON GRANTS.

    ``(a) Allocation.--The Director shall allocate not less than 75 
percent of the funds available under this part to units of local 
government or combinations of such units and not more than 20 percent 
of the funds available under this part to community groups.
    ``(b) Administrative Cost Limitation.--The Director shall use not 
more than 5 percent of the funds available under this part for the 
purposes of administration, technical assistance, and evaluation.
    ``(c) Renewal of Grants.--A grant under this part may be renewed 
for up to 2 additional years after the first fiscal year during which 
the recipient receives its initial grant, subject to the availability 
of funds, if the Director determines that the funds made available to 
the recipient during the previous year were used in a manner required 
under the approved application and if the recipient can demonstrate 
significant progress toward achieving the goals of the plan required 
under section 1702(c).
    ``(d) Federal Share.--The Federal share of a grant made under this 
part may not exceed 75 percent of the total costs of the projects 
described in the application submitted under section 1702 for the 
fiscal year for which the projects receive assistance under this part.

``SEC. 1704. AWARD OF GRANTS.

    ``(a) Selection of Recipients.--The Director shall consider the 
following factors in awarding grants to units of local government or 
combinations of such units under this part:
            ``(1) Need and ability.--Demonstrated need and evidence of 
        the ability to provide the services described in the plan 
        required under section 1702(c).
            ``(2) Community-wide response.--Evidence of the ability to 
        coordinate community-wide response to crime.
            ``(3) Maintain program.--The ability to maintain a program 
        to control and prevent crime after funding under this part is 
        no longer available.
    ``(b) Geographic Distribution.--The Director shall attempt to 
achieve, to the extent practicable, an equitable geographic 
distribution of grant awards.

``SEC. 1705. REPORTS.

    ``(a) Report to Director.--Recipients who receive funds under this 
part shall submit to the Director not later than March 1 of each year a 
report that describes progress achieved in carrying out the plan 
required under section 1702(c).
    ``(b) Report to Congress.--The Director shall submit to the 
Congress a report by October 1 of each year containing--
            ``(1) a detailed statement regarding grant awards and 
        activities of grant recipients; and
            ``(2) an evaluation of projects established under this 
        part.

``SEC. 1706. DEFINITIONS.

    ``For the purposes of this part:
            ``(1) The term `community group' means a community-based 
        nonprofit organization that has a primary purpose of crime 
        prevention.
            ``(2) The term `Director' means the Director of the Bureau 
        of Justice Assistance.''.
    (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.), as amended by section 633(b), is amended by striking the matter 
relating to part Q and inserting the following:

                    ``Part Q--Cop-on-the-Beat Grants

``Sec. 1701. Grant authorization.
``Sec. 1702. Application.
``Sec. 1703. Allocation of funds; limitation on grants.
``Sec. 1704. Award of grants.
``Sec. 1705. Reports.
``Sec. 1706. Definitions.
             ``Part R--Transition; Effective Date; Repealer

``Sec. 1701. 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(a)), as amended by section 633(b), is amended--
            (1) in paragraph (3) by striking ``and P'' and inserting 
        ``P, and Q''; and
            (2) by adding at the end the following new paragraph:
    ``(11) There are authorized to be appropriated $150,000,000 for 
each of fiscal years 1994, 1995, and 1996 to carry out projects under 
part Q.''.

       Subtitle E--National Commission to Support Law Enforcement

SEC. 1041. SHORT TITLE.

    This subtitle may be cited as the ``National Commission to Support 
Law Enforcement Act.''.

SEC. 1042. FINDINGS.

    The Congress finds that--
            (1) law enforcement officers risk their lives daily to 
        protect citizens, for modest rewards and too little 
        recognition;
            (2) a significant shift has occurred in the problems that 
        law enforcement officers face without a corresponding change in 
        the support from the Federal Government;
            (3) law enforcement officers are on the front line in the 
        war against drugs and crime;
            (4) the rate of violent crime continues to increase along 
        with the increase in drug use;
            (5) a large percentage of individuals arrested test 
        positive for drug usage;
            (6) the Presidential Commission on Law Enforcement and the 
        Administration of Justice of 1965 focused attention on many 
        issues affecting law enforcement, and a review 25 years later 
        would help to evaluate current problems, including drug-related 
        crime, violence, racial conflict, and decreased funding; and
            (7) a comprehensive study of law enforcement issues, 
        including the role of the Federal Government in supporting law 
        enforcement officers, working conditions, and responsibility 
        for crime control would assist in redefining the relationships 
        between the Federal Government, the public, and law enforcement 
        officials.

SEC. 1043. ESTABLISHMENT OF COMMISSION.

    There is established a national commission to be known as the 
``National Commission to Support Law Enforcement'' (referred to in this 
subtitle as the ``Commission'').

SEC. 1044. DUTIES.

    (a) In General.--The Commission shall study and recommend changes 
regarding law enforcement agencies and law enforcement issues on the 
Federal, State, and local levels, including the following:
            (1) Funding.--The sufficiency of funding, including a 
        review of grant programs at the Federal level.
            (2) Employment.--The conditions of law enforcement 
        employment.
            (3) Information.--The effectiveness of information-sharing 
        systems, intelligence, infrastructure, and procedures among law 
        enforcement agencies of Federal, State, and local governments.
            (4) Research and training.--The status of law enforcement 
        research and education and training.
            (5) Equipment and resources.--The adequacy of equipment, 
        physical resources, and human resources.
            (6) Cooperation.--The cooperation among Federal, State, and 
        local law enforcement agencies.
            (7) Responsibility.--The responsibility of governments and 
        law enforcement agencies in solving the crime problem.
            (8) Impact.--The impact of the criminal justice system, 
        including court schedules and prison overcrowding, on law 
        enforcement.
    (b) Consultation.--The Commission shall conduct surveys and consult 
with focus groups of law enforcement officers, local officials, and 
community leaders across the Nation to obtain information and seek 
advice on important law enforcement issues.

SEC. 1045. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 23 
members as follows:
            (1) Seven individuals from among national law enforcement 
        officers, of whom--
                    (A) Two shall be appointed by the Speaker of the 
                House of Representatives;
                    (B) Two shall be appointed by the Majority Leader 
                of the Senate;
                    (C) One shall be appointed by the Minority Leader 
                of the House;
                    (D) One shall be appointed by the Minority Leader 
                of the Senate; and
                    (E) One shall be appointed by the President.
            (2) Seven individuals from national law enforcement 
        organizations representing law enforcement management, of 
        whom--
                    (A) Two shall be appointed by the Speaker of the 
                House of Representatives;
                    (B) Two shall be appointed by the Majority Leader 
                of the Senate;
                    (C) One shall be appointed by the Minority Leader 
                of the House;
                    (D) One shall be appointed by the Minority Leader 
                of the Senate; and
                    (E) One shall be appointed by the President.
            (3) Two individuals with academic expertise regarding law 
        enforcement issues, of whom--
                    (A) One shall be appointed by the Speaker of the 
                House of Representatives and the Majority Leader of the 
                Senate.
                    (B) One shall be appointed by the Minority Leader 
                of the Senate and the Minority Leader of the House of 
                Representatives.
            (4) Two Members of the House of Representatives, appointed 
        by the Speaker and the Minority Leader of the House of 
        Representatives.
            (5) Two Members of the Senate, appointed by the Majority 
        Leader and the Minority Leader of the Senate.
            (6) One individual involved in Federal law enforcement from 
        the Department of the Treasury, appointed by the President.
            (7) One individual from the Department of Justice, 
        appointed by the President.
            (8) The Comptroller General of the United States, who shall 
        serve as the chairperson of the Commission.
    (b) Compensation.--
            (1) In general.--Members of the Commission shall receive no 
        additional pay, allowance, or benefit by reason of service on 
        the Commission.
            (2) Travel expenses.--Each member of the Commission shall 
        receive travel expenses, including per diem in lieu of 
        subsistence, in accordance with sections 5702 and 5703 of title 
        5, United States Code.
    (c) Appointment Dates.--Members of the Commission shall be 
appointed no later than 90 days after the enactment of this title.

SEC. 1046. EXPERTS AND CONSULTANTS.

    (a) Experts and Consultants.--The Commission may procure temporary 
and intermittent services under section 3109(b) of title 5, United 
States Code.
    (b) Staff of Federal Agencies.--Upon request of the Commission, the 
head of any Federal agency is authorized to detail, on a reimbursable 
basis, any of the personnel of that agency to the Commission to assist 
the Commission in carrying out its duties under this subtitle.
    (c) Administrative Support.--The Administrator of General Services 
shall provide to the Commission, on a reimbursable basis, 
administrative support services as the Commission may request.

SEC. 1047. POWERS OF COMMISSION.

    (a) Hearings.--The Commission may, for purposes of this subtitle, 
hold hearings, sit and act at the time and places, take testimony, and 
receive evidence, as the Commission considers appropriate.
    (b) Delegation of Authority.--Any member or agent of the Commission 
may, if authorized by the Commission, take any action that the 
Commission is authorized to take by this section.
    (c) Information.--The Commission may secure directly from any 
Federal agency information necessary to enable it to carry out this 
subtitle. Upon request of the chairperson of the Commission, the head 
of an agency shall furnish the information to the Commission to the 
extent permitted by law.
    (d) Gifts and Donations.--The Commission may accept, use, and 
dispose of gifts or donations of services or property.
    (e) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other Federal agencies.

SEC. 1048. REPORT.

    Not later than the expiration of the 18-month period beginning on 
the date of the appointment of the members of the Commission, a report 
containing the findings of the Commission and specific proposals for 
legislation and administrative actions that the Commission has 
determined to be appropriate shall be submitted to Congress.

SEC. 1049. TERMINATION.

    The Commission shall cease to exist upon the expiration of the 60-
day period beginning on the date on which the Commission submits its 
report under section 1048.

SEC. 1050. REPEALS.

    Title XXXIV of the Crime Control Act of 1990 (42 U.S.C. 3721 note) 
and section 211(B) of the Departments of Commerce, Justice, and State, 
the Judiciary, and Related Agencies Appropriations Act, 1991 (42 U.S.C. 
3721 note; 104 Stat. 2122) are repealed.

                      Subtitle F--Other Provisions

SEC. 1062. LAW ENFORCEMENT FAMILY SUPPORT.

    (a) In General.--Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 
1032(a), is amended--
            (1) by redesignating part R as part S;
            (2) by redesignating section 1801 as 1901; and
            (3) by inserting after part Q the following new part:

                        ``PART R--FAMILY SUPPORT

``SEC. 1801. DUTIES OF DIRECTOR.

    ``The Director shall--
            ``(1) establish guidelines and oversee the implementation 
        of family-friendly policies within law enforcement-related 
        offices and divisions in the Department of Justice;
            ``(2) study the effects of stress on law enforcement 
        personnel and family well-being and disseminate the findings of 
        such studies to Federal, State, and local law enforcement 
        agencies, related organizations, and other interested parties;
            ``(3) identify and evaluate model programs that provide 
        support services to law enforcement personnel and families;
            ``(4) provide technical assistance and training programs to 
        develop stress reduction and family support to State and local 
        law enforcement agencies;
            ``(5) collect and disseminate information regarding family 
        support, stress reduction, and psychological services to 
        Federal, State, and local law enforcement agencies, law 
        enforcement-related organizations, and other interested 
        entities; and
            ``(6) determine issues to be researched by the Bureau and 
        by grant recipients.

``SEC. 1802. GENERAL AUTHORIZATION.

    ``The Director is authorized to make grants to States and local law 
enforcement agencies to provide family support services to law 
enforcement personnel.

``SEC. 1803. USES OF FUNDS.

    ``(a) In General.--A State or local law enforcement agency that 
receives a grant under this part shall use amounts provided under the 
grant to establish or improve training and support programs for law 
enforcement personnel.
    ``(b) Required Activities.--A law enforcement agency that receives 
funds under this part shall provide at least one of the following 
services:
            ``(1) Counseling for law enforcement family members.
            ``(2) Child care on a 24-hour basis.
            ``(3) Marital and adolescent support groups.
            ``(4) Stress reduction programs.
            ``(5) Stress education for law enforcement recruits and 
        families.
    ``(c) Optional Activities.--A law enforcement agency that receives 
funds under this part may provide the following services:
            ``(1) Post-shooting debriefing for officers and their 
        spouses.
            ``(2) Group therapy.
            ``(3) Hypertension clinics.
            ``(4) Critical incident response on a 24-hour basis.
            ``(5) Law enforcement family crisis telephone services on a 
        24-hour basis.
            ``(6) Counseling for law enforcement personnel exposed to 
        the human immunodeficiency virus.
            ``(7) Counseling for peers.
            ``(8) Counseling for families of personnel killed in the 
        line of duty.
            ``(9) Seminars regarding alcohol, drug use, gambling, and 
        overeating.

``SEC. 1804. APPLICATIONS.

    ``A law enforcement agency desiring to receive a grant under this 
part shall submit to the Director an application at such time, in such 
manner, and containing or accompanied by such information as the 
Director may reasonably require. Such application shall--
            ``(1) certify that the law enforcement agency shall match 
        all Federal funds with an equal amount of cash or in-kind goods 
        or services from other non-Federal sources;
            ``(2) include a statement from the highest ranking law 
        enforcement official from the State or locality applying for 
        the grant that attests to the need and intended use of services 
        to be provided with grant funds; and
            ``(3) assure that the Director or the Comptroller General 
        of the United States shall have access to all records related 
        to the receipt and use of grant funds received under this part.

``SEC. 1805. AWARD OF GRANTS; LIMITATION.

    ``(a) Grant Distribution.--In approving grants under this part, the 
Director shall assure an equitable distribution of assistance among the 
States, among urban and rural areas of the United States, and among 
urban and rural areas of a State.
    ``(b) Duration.--The Director may award a grant each fiscal year, 
not to exceed $100,000 to a State or local law enforcement agency for a 
period not to exceed 5 years. In any application from a State or local 
law enforcement agency for a grant to continue a program for the 
second, third, fourth, or fifth fiscal year following the first fiscal 
year in which a grant was awarded to such agency, the Director shall 
review the progress made toward meeting the objectives of the program. 
The Director may refuse to award a grant if the Director finds 
sufficient progress has not been made toward meeting such objectives, 
but only after affording the applicant notice and an opportunity for 
reconsideration.
    ``(c) Limitation.--Not more than 10 percent of grant funds received 
by a State or a local law enforcement agency may be used for 
administrative purposes.

``SEC. 1806. DISCRETIONARY RESEARCH GRANTS.

    ``The Director may reserve 10 percent of funds to award research 
grants to a State or local law enforcement agency to study issues of 
importance in the law enforcement field as determined by the Director.

``SEC. 1807. REPORTS.

    ``(a) Report From Grant Recipients.--A State or local law 
enforcement agency that receives a grant under this part shall submit 
to the Director an annual report that includes--
            ``(1) program descriptions;
            ``(2) the number of staff employed to administer programs;
            ``(3) the number of individuals who participated in 
        programs; and
            ``(4) an evaluation of the effectiveness of grant programs.
    ``(b) Report From Director.--(1) The Director shall submit to the 
Congress a report not later than March 31 of each fiscal year.
    ``(2) A report under paragraph (1) shall contain--
            ``(A) a description of the types of projects developed or 
        improved through funds received under this part;
            ``(B) a description of exemplary projects and activities 
        developed;
            ``(C) a designation of the family relationship to the law 
        enforcement personnel of individuals served; and
            ``(D) a statement of the number of individuals served in 
        each location and throughout the country.

``SEC. 1808. DEFINITIONS.

    ``For purposes of this part--
            ``(1) the term `family-friendly policy' means a policy to 
        promote or improve the morale and well being of law enforcement 
        personnel and their families; and
            ``(2) the term `law enforcement personnel' means 
        individuals employed by Federal, State, and local law 
        enforcement agencies.''.
    (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.), as amended by section 1032(b), is amended by striking the matter 
relating to part S and inserting the following:

                        ``Part R--Family Support

``Sec. 1801. Duties of director.
``Sec. 1802. General authorization.
``Sec. 1803. Uses of funds.
``Sec. 1804. Applications.
``Sec. 1805. Award of grants; limitation.
``Sec. 1806. Discretionary research grants.
``Sec. 1807. Reports.
``Sec. 1808. Definitions.
             ``Part S--Transition; Effective Date; Repeals

``Sec. 1901. Continuation of rules, authorities, and privileges.''.
    (c) Authorization of Appropriations.--Section 1001(a) of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)), 
as amended by section 1032(c), is amended--
            (1) in paragraph (3) by striking ``and Q'' and inserting 
        ``Q, and R''; and
            (2) by adding at the end the following new paragraph:
    ``(12) There are authorized to be appropriated $5,000,000 for each 
of the fiscal years 1994, 1995, 1996, 1997, and 1998 to carry out part 
R, of which not more than 20 percent may be used to accomplish the 
duties of the Director under section 1801, including administrative 
costs, research, and training programs.''.

SEC. 1063. NOTICE OF RELEASE OF PRISONERS.

    Section 4042 of title 18, United States Code, is amended--
            (1) by striking ``The Bureau'' and inserting ``(a) In 
        General.--The Bureau'';
            (2) by striking ``This section'' and inserting ``(c) 
        Application of Section.--This section'';
            (3) in paragraph (4) of subsection (a), as designated by 
        paragraph (1)--
                    (A) by striking ``Provide'' and inserting 
                ``provide''; and
                    (B) by striking the period at the end and inserting 
                ``; and'';
            (4) by inserting after paragraph (4) of subsection (a), as 
        designated by paragraph (1), the following new paragraph:
            ``(5) provide notice of release of prisoners in accordance 
        with subsection (b).''; and
            (5) by inserting after subsection (a), as designated by 
        paragraph (1), the following new subsection:
    ``(b) Notice of Release of Prisoners.--(1) Except in the case of a 
prisoner being protected under chapter 224, the Bureau of Prisons 
shall, at least 5 days prior to the date on which a prisoner described 
in paragraph (3) is to be released on supervised release, or, in the 
case of a prisoner on supervised release, at least 5 days prior to the 
date on which the prisoner changes residence to a new jurisdiction, 
cause written notice of the release or change of residence to be made 
to the chief law enforcement officer of the State and of the local 
jurisdiction in which the prisoner will reside.
    ``(2) A notice under paragraph (1) shall disclose--
            ``(A) the prisoner's name;
            ``(B) the prisoner's criminal history, including a 
        description of the offense of which the prisoner was convicted; 
        and
            ``(C) any restrictions on conduct or other conditions to 
        the release of the prisoner that are imposed by law, the 
        sentencing court, or the Bureau of Prisons or any other Federal 
        agency.
    ``(3) A prisoner is described in this paragraph if the prisoner was 
convicted of--
            ``(A) a drug trafficking crime (as defined in section 
        924(c)(2)); or
            ``(B) a crime of violence (as defined in section 
        924(c)(3)).
    ``(4) The notice provided under this section shall be used solely 
for law enforcement purposes.''.
    (b) Application to Prisoners to Which Prior Law Applies.--In the 
case of a prisoner convicted of an offense committed prior to November 
1, 1987, the reference to supervised release in section 4042(b) of 
title 18, United States Code, shall be deemed to be a reference to 
probation or parole.

                        TITLE XI--ILLEGAL DRUGS

                        Subtitle A--Drug Testing

SEC. 1101. DRUG TESTING OF FEDERAL OFFENDERS ON POST-CONVICTION 
              RELEASE.

    (a) Drug Testing Program.--(1) Chapter 229 of title 18, United 
States Code, is amended by adding at the end the following new section:
``Sec. 3608. Drug testing of Federal offenders on post-conviction 
              release
    ``The Director of the Administrative Office of the United States 
Courts, in consultation with the Attorney General and the Secretary of 
Health and Human Services, shall, as soon as is practicable after the 
effective date of this section, establish a program of drug testing of 
Federal offenders on post-conviction release. The program shall include 
such standards and guidelines as the Director may determine necessary 
to ensure the reliability and accuracy of the drug testing programs. In 
each district where it is feasible to do so, the chief probation 
officer shall arrange for the drug testing of defendants on post-
conviction release pursuant to a conviction for a felony or other 
offense described in section 3563(a)(4).''.
    (2) The chapter analysis for chapter 229 of title 18, United States 
Code, is amended by adding at the end the following new item:

``3608. Drug testing of Federal offenders on post-conviction 
                            release.''.
    (b) Drug Testing Condition for Probation.--
            (1) Conditions of probation.--Section 3563(a) of title 18, 
        United States Code, is amended--
                    (A) in paragraph (2) by striking ``and'';
                    (B) in paragraph (3) by striking the period and 
                inserting ``; and''; and
                    (C) by inserting after paragraph (3) the following 
                new paragraph:
            ``(4) for a felony, an offense involving a firearm as 
        defined in section 921 of this title, a drug or narcotic 
        offense as defined in section 404(c) of the Controlled 
        Substances Act (21 U.S.C. 844(c)), or a crime of violence as 
        defined in section 16 of this title, that the defendant refrain 
        from any unlawful use of the controlled substance and submit to 
        periodic drug tests (as determined by the court) for use of a 
        controlled substance. This latter condition may be suspended or 
        ameliorated upon request of the Director of the Administrative 
        Office of the United States Courts, or the Director's designee. 
        In addition, the Court may decline to impose this condition for 
        any individual defendant, if the defendant's presentence report 
        or other reliable sentencing information indicates a low risk 
        of future substance abuse by the defendant. A defendant who 
        tests positive may be detained pending verification of a drug 
        test result.''.
            (2) Drug testing for supervised release.--Section 3583(d) 
        of title 18, United States Code, is amended by inserting after 
        the first sentence the following: ``For a defendant convicted 
        of a felony or other offense described in section 3563(a)(4), 
        the court shall also order, as an explicit condition of 
        supervised release, that the defendant refrain from any 
        unlawful use of a controlled substance and submit to periodic 
        drug tests (as determined by the court), for use of a 
        controlled substance. This latter condition may be suspended or 
        ameliorated as provided in section 3563(a)(4).''.
            (3) Drug testing in connection with parole.--Section 
        4209(a) of title 18, United States Code, is amended by 
        inserting after the first sentence the following: ``If the 
        parolee has been convicted of a felony or other offense 
        described in section 3563(a)(4), the Commission shall also 
        impose as a condition of parole that the parolee refrain from 
        any unlawful use of a controlled substance and submit to 
        periodic drug tests (as determined by the Commission) for use 
        of a controlled substance. This latter condition may be 
        suspended or ameliorated as provided in section 3563(a)(4).''.
    (c) Revocation of Parole.--Section 4214(f) of title 18, United 
States Code, is amended by inserting after ``substance'' the following: 
``, or who unlawfully uses a controlled substance or refuses to 
cooperate in drug testing imposed as a condition of parole,''.

                    Subtitle B--Precursor Chemicals

SEC. 1121. SHORT TITLE.

    This subtitle may be cited as ``The Chemical Control and 
Environmental Responsibility Act of 1993''.

SEC. 1122. DEFINITION AMENDMENTS.

    (a) References to Listed Chemicals in Section 102.--Section 102 of 
the Controlled Substances Act (21 U.S.C. 802) is amended--
            (1) in paragraph (33) by striking ``any listed precursor 
        chemical or listed essential chemical'' and inserting ``any 
        list I chemical or any list II chemical'';
            (2) in paragraph (34) by striking ``listed precursor 
        chemical'' and inserting ``list I chemical'' and by striking 
        ``critical to the creation'' and inserting ``important to the 
        manufacture'';
            (3) in paragraph (35) by striking ``listed essential 
        chemical'' and inserting ``list II chemical'' and by striking 
        ``that is used as a solvent, reagent or catalyst'' and 
        inserting ``, which is not a list I chemical, that is used''; 
        and
            (4) in paragraph (40) by striking the phrase ``listed 
        precursor chemical or a listed essential chemical'' and 
        inserting ``list I chemical or a list II chemical'' both places 
        it appears.
    (b) References to Listed Chemicals in Section 310.--Section 310 of 
the Controlled Substances Act (21 U.S.C. 830) is amended--
            (1) in subsection (a)(1)(A) by striking ``precursor 
        chemical'' and inserting ``list I chemical'';
            (2) in subsection (a)(1)(B) by striking ``an essential 
        chemical'' and inserting ``a list II chemical''; and
            (3) in subsection (c)(2)(D) by striking ``precursor 
        chemical'' and inserting ``chemical control''.
    (c) Other Amendments to Section 102.--Section 102 of the Controlled 
Substances Act (21 U.S.C. 802) is amended--
            (1) in paragraph (34) by inserting ``, its esters,'' before 
        ``and'' in subparagraphs (A), (F), and (H);
            (2) in paragraph (38) by striking the period and inserting 
        ``or who acts as a broker or trader for an international 
        transaction involving a listed chemical, a tableting machine, 
        or an encapsulating machine'';
            (3) in paragraph (39)(A) by striking ``or exportation'' and 
        inserting ``, exportation or any international transaction 
        which does not involve the importation or exportation of a 
        listed chemical into or out of the United States if a broker or 
        trader located in the United States participates in the 
        transaction,'';
            (4) in paragraph (39)(A)(iii) by inserting ``or any 
        category of transaction for a specific listed chemical or 
        chemicals'' after ``transaction'';
            (5) in paragraph (39)(A)(iv) by striking the semicolon and 
        inserting ``unless the listed chemical is ephedrine as defined 
        in paragraph (34)(C) of this section or any other listed 
        chemical which the Attorney General may by regulation designate 
        as not subject to this exemption after finding that such action 
        would serve the regulatory purposes of this chapter in order to 
        prevent diversion and the total quantity of the ephedrine or 
        other listed chemical designated pursuant to this paragraph 
        included in the transaction equals or exceeds the threshold 
        established for that chemical by the Attorney General;'';
            (6) in paragraph (39)(A)(v) by striking the semicolon and 
        inserting ``which the Attorney General has by regulation 
        designated as exempt from the application of this chapter based 
        on a finding that the mixture is formulated in such a way that 
        it cannot be easily used in the illicit production of a 
        controlled substance and that the listed chemical or chemicals 
        contained in the mixture cannot be readily recovered;''; and
            (7) by adding at the end the following new paragraph:
    ``(42) The terms `broker' and `trader' mean a person who assists in 
arranging an international transaction in a listed chemical by 
negotiating contracts, serving as an agent or intermediary, or bringing 
together a buyer and a seller, or a buyer or seller and a 
transporter.''.

SEC. 1123. REGISTRATION REQUIREMENT.

    (a) Rules and Regulations.--Section 301 of the Controlled 
Substances Act (21 U.S.C. 821) is amended by striking the period and 
inserting ``and to the registration and control of regulated persons 
and of regulated transactions.''.
    (b) Persons Required To Register.--Section 302 of the Controlled 
Substances Act (21 U.S.C. 822) is amended--
            (1) in subsection (a)(1) by inserting ``or list I 
        chemical'' after ``controlled substance'' each place it 
        appears;
            (2) in subsection (b) by inserting ``or list I chemicals'' 
        after ``controlled substances'' and by inserting ``or 
        chemicals'' after ``such substances'';
            (3) in subsection (c) by inserting ``or list I chemicals'' 
        after ``controlled substance'' each place it appears; and
            (4) in subsection (e) by inserting ``or list I chemicals'' 
        after ``controlled substances''.
    (c) Registration Requirements in Controlled Substances Act.--
Section 303 of the Controlled Substances Act (21 U.S.C. 823) is amended 
by adding at the end the following new subsection:
    ``(h) The Attorney General shall register an applicant to 
distribute a list I chemical unless the Attorney General determines 
that the registration would be inconsistent with the public interest. 
In determining the public interest, the following factors shall be 
considered:
            ``(1) Maintenance of effective controls against diversion 
        of listed chemicals into other than legitimate channels.
            ``(2) Compliance with applicable Federal, State and local 
        law.
            ``(3) Prior conviction record of applicant under Federal or 
        State laws relating to controlled substances or to chemicals 
        controlled under Federal or State law.
            ``(4) Past experience in the manufacture and distribution 
        of chemicals.
            ``(5) Such other factors as may be relevant to and 
        consistent with the public health and safety.''.
    (d) Denial, Revocation, or Suspension of Registration.--Section 304 
of the Controlled Substances Act (21 U.S.C. 824) is amended--
            (1) in subsection (a) by inserting ``or a list I chemical'' 
        after ``controlled substance'' each place it appears and by 
        inserting ``or list I chemicals'' after ``controlled 
        substances'';
            (2) in subsection (b) by inserting ``or list I chemical'' 
        after ``controlled substance'';
            (3) in subsection (f) by inserting ``or list I chemicals'' 
        after ``controlled substances'' each place it appears; and
            (4) in subsection (g) by inserting ``or list I chemicals'' 
        after ``controlled substances'' each place it appears and by 
        inserting ``or list I chemical'' after ``controlled substance'' 
        each place it appears.
    (e) Registration Requirements in Controlled Substances Import and 
Export Act.--Section 1008 of the Controlled Substances Import and 
Export Act (21 U.S.C. 958) is amended--
            (1) in subsection (c)--
                    (A) by striking ``(c) The'' and inserting ``(c)(1) 
                The''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(2) The Attorney General shall register an applicant to import or 
export a list I chemical unless the Attorney General determines that 
the issuance of such registration is inconsistent with the public 
interest. In determining the public interest, the factors enumerated in 
section 303(h) shall be considered.'';
            (2) in subsection (d)--
                    (A) in paragraph (3) by inserting ``or list I 
                chemical or chemicals,'' after ``substances,''; and
                    (B) in paragraph (6) by inserting ``or list I 
                chemicals'' after ``controlled substances'' each place 
                it appears;
            (3) in subsection (e) by striking ``and 307'' and inserting 
        ``, 827, and 310''; and
            (4) in subsections (f), (g), and (h) by inserting ``or list 
        I chemicals'' after ``controlled substances'' each place it 
        appears.
    (f) Prohibited Acts C.--Section 403(a) of the Controlled Substances 
Act (21 U.S.C. 843(a)) is amended--
            (1) by striking ``or'' at the end of paragraph (7);
            (2) by striking the period at the end of paragraph (8) and 
        inserting ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(9) in the case of a person who is a regulated person, to 
        distribute, import, or export a list I chemical without the 
        registration required by this title.''.

SEC. 1124. REPORTING OF LISTED CHEMICAL MANUFACTURING.

    Section 310(b) of the Controlled Substances Act (21 U.S.C. 830(b)) 
is amended--
            (1) by striking ``(b) Each regulated person'' and inserting 
        ``(b)(1) Each regulated person'';
            (2) by redesignating paragraphs (1), (2), (3), and (4) as 
        subparagraphs (A), (B), (C), and (D), respectively;
            (3) by striking ``paragraph (1)'' each place it appears and 
        inserting ``subparagraph (A)'';
            (4) by striking ``paragraph (2)'' and inserting 
        ``subparagraph (B)'';
            (5) by striking ``paragraph (3)'' and inserting 
        ``subparagraph (C)''; and
            (6) by adding at the end the following new paragraph:
    ``(2) Each regulated person who manufactures a listed chemical 
shall report annually to the Attorney General, in such form and manner 
and containing such specific data as the Attorney General shall 
prescribe by regulation, information concerning listed chemicals 
manufactured by the person.''.

SEC. 1125. REPORTS BY BROKERS AND TRADERS; CRIMINAL PENALTIES.

    (a) Notification, Reporting, Recordkeeping, and Other 
Requirements.--Section 1018 of the Controlled Substances Import and 
Export Act (21 U.S.C. 971) is amended by adding at the end the 
following new subsection:
    ``(d) Any person located in the United States who is a broker or 
trader for an international transaction in a listed chemical that is a 
regulated transaction solely because of that person's involvement as a 
broker or trader shall, with respect to that transaction, be subject to 
all of the notification, reporting, recordkeeping, and other 
requirements placed upon exporters of listed chemicals by this title 
and by title II.''.
    (b) Penalties.--Section 1010(d) of the Controlled Substances Import 
and Export Act (21 U.S.C. 960(d)) is amended to read as follows:
    ``(d) Penalty for Importation or Exportation.--Any person who 
knowingly or intentionally--
            ``(1) imports or exports a listed chemical with intent to 
        manufacture a controlled substance in violation of this title;
            ``(2) exports a listed chemical, or serves as a broker or 
        trader for an international transaction involving a listed 
        chemical, in violation of the laws of the country to which the 
        chemical is exported;
            ``(3) imports or exports a listed chemical knowing, or 
        having reasonable cause to believe, that the chemical will be 
        used to manufacture a controlled substance in violation of this 
        title; or
            ``(4) exports a listed chemical, or serves as a broker or 
        trader for an international transaction involving a listed 
        chemical, knowing, or having reasonable cause to believe, that 
        the chemical will be used to manufacture a controlled substance 
        in violation of the laws of the country to which the chemical 
        is exported,
shall be fined in accordance with title 18, United States Code, 
imprisoned not more than 10 years, or both.''.

SEC. 1126. EXEMPTION AUTHORITY; ADDITIONAL PENALTIES.

    (a) Advance Notice.--Section 1018 of the Controlled Substances 
Import and Export Act (21 U.S.C. 971), as amended by section 1125(a), 
is amended by adding at the end the following new subsection:
    ``(e)(1) The Attorney General may by regulation require that the 
15-day advance notice requirement of subsection (a) apply to all 
exports of specific listed chemicals to specified nations, regardless 
of the status of certain customers in such country as regular customers 
if the Attorney General finds that the action is necessary to support 
effective diversion control programs or is required by treaty or other 
international agreement to which the United States is a party.
    ``(2) The Attorney General may by regulation waive the 15-day 
advance notice requirement for exports of specific listed chemicals to 
specified countries if the Attorney General determines that the advance 
notice is not required for effective chemical control. If the advance 
notice requirement is waived, exporters of such listed chemicals shall 
be required to either submit reports of individual exportations or to 
submit periodic reports of the exportation of such listed chemicals to 
the Attorney General at such time or times and containing such 
information as the Attorney General shall establish by regulation.
    ``(3) The Attorney General may by regulation waive the 15-day 
advance notice requirement for the importation of specific listed 
chemicals if the Attorney General determines that the requirement is 
not necessary for effective chemical control. If the advance notice 
requirement is waived, importers of such listed chemicals shall be 
required to submit either reports of individual importations or 
periodic reports of the importation of such listed chemicals to the 
Attorney General at such time or times and containing such information 
as the Attorney General shall establish by regulation.''.
    (b) Penalties.--Section 1010(d) of the Controlled Substances Import 
and Export Act (21 U.S.C. 960(d)), as amended by section 1015(b), is 
amended by--
            (1) striking ``or'' at the end of paragraph (3);
            (2) striking the comma at the end of paragraph (4) and 
        inserting ``; or''; and
            (3) by adding after paragraph (4) the following new 
        paragraph:
            ``(5) imports or exports a listed chemical, with the intent 
        to evade the reporting or recordkeeping requirements of section 
        1018 applicable to such importation or exportation by falsely 
        representing to the Attorney General that the importation or 
        exportation qualifies for a waiver of the advance notice 
        requirement granted pursuant to section 1128(d) (1) or (2) by 
        misrepresenting the actual country of final destination of the 
        listed chemical or the actual listed chemical being imported or 
        exported,''.

SEC. 1127. AMENDMENTS TO LIST I.

    Section 102(34) of the Controlled Substances Act (21 U.S.C. 
802(34)) is amended:
            (1) by striking subparagraphs (O), (U), and (W);
            (2) by redesignating subparagraphs (P), (Q), (R), (S), (T), 
        (V), (X), and (Y) as subparagraphs (O), (P), (Q), (R), (S), 
        (T), (U), and (X), respectively;
            (3) by inserting after subparagraph (U), as redesignated by 
        paragraph (2), the following new subparagraphs:
                    ``(V) benzaldehyde.
                    ``(W) nitroethane.''; and
            (4) in subparagraph (X), as redesignated by paragraph (2), 
        by striking ``(X)'' and inserting ``(U)''.

SEC. 1128. ELIMINATION OF REGULAR SUPPLIER STATUS AND CREATION OF 
              REGULAR IMPORTER STATUS.

    (a) Definition.--Section 102(37) of the Controlled Substances Act 
(21 U.S.C. 802(37)) is amended to read as follows:
    ``(37) The term `regular importer' means, with respect to a 
specific listed chemical, a person who has an established record as an 
importer of that listed chemical that is reported to the Attorney 
General.''.
    (b) Notification, Suspension of Shipment, and Penalties.--Section 
1018 of the Controlled Substances Act (21 U.S.C. 971) is amended--
            (1) in subsection (b)(1) by striking ``regular supplier of 
        the regulated person'' and inserting ``to an importation by a 
        regular importer'';
            (2) in subsection (b)(2)--
                    (A) by striking ``a customer or supplier of a 
                regulated person'' and inserting ``a customer of a 
                regulated person or to an importer''; and
                    (B) by striking ``regular supplier'' and inserting 
                ``the importer as a regular importer''; and
            (3) in subsection (c)(1) by striking ``regular supplier'' 
        and inserting ``regular importer''.

SEC. 1129. ADMINISTRATIVE INSPECTIONS AND AUTHORITY.

    Section 510(a)(2) of the Controlled Substances Act (21 U.S.C. 
880(a)(2)) is amended to read as follows:
            ``(2) places, including factories, warehouses, or other 
        establishments, and conveyances, where a person registered 
        under section 303 (or exempt from such registration under 
        section 302(d) or by regulation of the Attorney General) or a 
        regulated person may lawfully hold, manufacture, distribute, 
        dispense, administer, or otherwise dispose of controlled 
        substances or listed chemicals or where records relating to 
        such an activity are maintained.''.

SEC. 1130. THRESHOLD AMOUNTS.

    Section 102(39)(A) of the Controlled Substances Act (21 U.S.C. 
802(39)(A)), as amended by section 1112, is amended by inserting ``of a 
listed chemical, or if the Attorney General establishes a threshold 
amount for a specific listed chemical,'' before ``a threshold amount, 
including a cumulative threshold amount of multiple transactions''.

SEC. 1131. MANAGEMENT OF LISTED CHEMICALS.

    (a) Amendment of Controlled Substances Act.--Part C of the 
Controlled Substances Act (21 U.S.C. 801 et seq.) is amended by adding 
at the end the following new section:

                    ``management of listed chemicals

    ``Sec. 311. (a) Offense.--It is unlawful for a person who possesses 
a listed chemical with the intent that it be used in the illegal 
manufacture of a controlled substance to manage the listed chemical or 
waste from the manufacture of a controlled substance otherwise than as 
required by regulations issued under sections 3001, 3002, 3003, 3004, 
and 3005 of the Solid Waste Disposal Act (42 U.S.C. 6921, 6922, 6923, 
6924, and 6925).
    ``(b) Penalty.--(1) In addition to a penalty that may be imposed 
for the illegal manufacture, possession, or distribution of a listed 
chemical or toxic residue of a clandestine laboratory, a person who 
violates subsection (a) shall be assessed the costs described in 
paragraph (2) and shall be imprisoned as described in paragraph (3).
    ``(2) Pursuant to paragraph (1), a defendant shall be assessed the 
following costs to the United States, a State, or other authority or 
person that undertakes to correct the results of the improper 
management of a listed chemical:
            ``(A) The cost of initial cleanup and disposal of the 
        listed chemical and contaminated property.
            ``(B) The cost of restoring property that is damaged by 
        exposure to a listed chemical for rehabilitation under Federal, 
        State, and local standards.
    ``(3)(A) A violation of subsection (a) shall be punished as a Class 
D felony, or in the case of a willful violation, as a Class C felony.
    ``(B) It is the sense of the Congress that guidelines issued by the 
Sentencing Commission regarding sentencing under this paragraph should 
recommend that the term of imprisonment for the violation of subsection 
(a) should not be less than 5 years, or less than 10 years in the case 
of a willful violation.
    ``(4) The court may order that all or a portion of the earnings 
from work performed by a convicted offender in prison be withheld for 
payment of costs assessed under paragraph (2).
    ``(c) Sharing of Forfeited Assets.--The Attorney General may direct 
that assets forfeited under section 511 in connection with a 
prosecution under this section be shared with State agencies that 
participated in the seizure or cleaning up of a contaminated site.''.
    (b) Amendment of Title 11, United States Code.--Section 523(a) of 
title 11, United States Code, is amended--
            (1) by striking ``or'' at the end of paragraph (11);
            (2) by striking the period at the end of paragraph (12) and 
        inserting ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(13) for costs assessed under section 311(b) of the 
        Controlled Substances Act.''.

SEC. 1132. ATTORNEY GENERAL ACCESS TO THE NATIONAL PRACTITIONER DATA 
              BANK.

    Part B of the Health Care Quality Improvement Act of 1986 (42 
U.S.C. 11131 et seq.) is amended by adding at the end the following new 
section:

``SEC. 428. DISCLOSURE OF INFORMATION TO THE ATTORNEY GENERAL.

    ``Information respecting physicians or other licensed health care 
practitioners reported to the Secretary (or to the agency designated 
under section 424(b)) under this part or section 1921 of the Social 
Security Act (42 U.S.C. 1396r-2) shall be provided to the Attorney 
General. The Secretary shall--
            ``(1) transmit to the Attorney General such information as 
        the Attorney General may designate or request to assist the 
        Drug Enforcement Administration in the enforcement of the 
        Controlled Substances Act (21 U.S.C. 801 et seq.) and other 
        laws enforced by the Drug Enforcement Administration; and
            ``(2) transmit such information related to health care 
        providers as the Attorney General may designate or request to 
        assist the Federal Bureau of Investigation in the enforcement 
        of title 18, the Act entitled `An Act to regulate the practice 
        of pharmacy and the sale of poison in the consular districts of 
        the United States in China', approved March 3, 1915 (21 U.S.C. 
        201 et seq.), and chapter V of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 351 et seq.).''.

SEC. 1133. REGULATIONS AND EFFECTIVE DATE.

    (a) Regulations.--The Attorney General shall, not later than 90 
days after the enactment of this Act, issue regulations necessary to 
carry out this subtitle.
    (b) Effective Date.--The amendments made by this subtitle shall 
become effective on the date that is 120 days after the date of 
enactment of this Act.

                      Subtitle C--Other Provisions

SEC. 1141. ADVERTISEMENTS OF CONTROLLED SUBSTANCES.

    Section 403 of the Controlled Substances Act (21 U.S.C. 843) is 
amended--
            (1) by redesignating subsections (c) and (d) as (d) and 
        (e), respectively; and
            (2) by inserting after subsection (b) the following new 
        subsection:
    ``(c) It shall be unlawful for any person to print, publish, place, 
or otherwise cause to appear in any newspaper, magazine, handbill, or 
other publication, any written advertisement knowing that it has the 
purpose of seeking or offering illegally to receive, buy, or distribute 
a Schedule I controlled substance. As used in this section the term 
`advertisement' includes, in addition to its ordinary meaning, such 
advertisements as those for a catalog of Schedule I controlled 
substances and any similar written advertisement that has the purpose 
of seeking or offering illegally to receive, buy, or distribute a 
Schedule I controlled substance, but does not include material that--
            ``(1) merely advocates the use of a similar material or 
        advocates a position or practice; and
            ``(2) does not attempt to propose or facilitate an actual 
        transaction in a Schedule I controlled substance.''.

SEC. 1142. CLOSING OF LOOPHOLE FOR ILLEGAL IMPORTATION OF SMALL DRUG 
              QUANTITIES.

    Section 497(a)(2)(A) of the Tariff Act of 1930 (19 U.S.C. 
1497(a)(2)(A)) is amended by adding ``or $500, whichever is greater'' 
after ``value of the article''.

SEC. 1143. DRUG PARAPHERNALIA AMENDMENT.

    Section 422 of the Controlled Substances Act (21 U.S.C. 863) is 
amended by adding at the end the following new subsection:
    ``(g) Civil Enforcement.--The Attorney General may bring a civil 
action against any person who violates this section. The action may be 
brought in any district court of the United States or the United States 
courts of any territory in which the violation is taking or has taken 
place. The court in which such action is brought shall determine the 
existence of any violation by a preponderance of the evidence, and 
shall have the power to assess a civil penalty of up to $100,000 and to 
grant such other relief, including injunctions, as may be appropriate. 
Such remedies shall be in addition to any other remedy available under 
statutory or common law.''.

SEC. 1144. CONFORMING AMENDMENT ADDING CERTAIN DRUG OFFENSES AS 
              REQUIRING FINGERPRINTING AND RECORDS FOR RECIDIVIST 
              JUVENILES.

    Subsections (d) and (f) of section 5038 of title 18, United States 
Code, are amended by striking ``or an offense described in section 841, 
952(a), 955, or 959, of title 21,'' and inserting ``or an offense 
described in section 401 of the Controlled Substances Act (21 U.S.C. 
841) or section 1002(a), 1003, 1005, 1009, or 1010(b) (1), (2), or (3) 
of the Controlled Substances Import and Export Act (21 U.S.C. 952(a), 
953, 955, 959, or 960(b) (1), (2), and (3)).''.

SEC. 1145. CLARIFICATION OF NARCOTIC OR OTHER DANGEROUS DRUGS UNDER 
              RICO.

    Section 1961(1) of title 18, United States Code, is amended by 
striking ``narcotic or other dangerous drugs'' each place it appears 
and inserting ``a controlled substance or listed chemical (as defined 
in section 102 of the Controlled Substances Act (21 U.S.C. 802))''.

SEC. 1146. CONFORMING AMENDMENTS TO RECIDIVIST PENALTY PROVISIONS OF 
              THE CONTROLLED SUBSTANCES ACT AND THE CONTROLLED 
              SUBSTANCES IMPORT AND EXPORT ACT.

    (a) Section 401(b)(1) (B), (C), and (D) of the Controlled 
Substances Act.--Subparagraphs (B), (C), and (D) of section 401(b)(1) 
of the Controlled Substances Act (21 U.S.C. 841(b)(1) (B), (C), and 
(D)) are amended in the second sentence by striking ``one or more prior 
convictions'' and all that follows through ``have become final'' and 
inserting ``a prior conviction for a felony drug offense has become 
final''.
    (b) Section 1010(b) (1), (2), and (3)  of the Controlled Substances 
Import and Export Act.--Paragraphs (1), (2), and (3) of section 1010(b) 
of the Controlled Substances Import and Export Act (21 U.S.C. 960(b) 
(1), (2), and (3)) are amended in the second sentence by striking ``one 
or more prior convictions'' and all that follows through ``have become 
final'' and inserting ``a prior conviction for a felony drug offense 
has become final''.
    (c) Section 1012(b) of the Controlled Import and Export Act.--
Section 1012(b) of the Controlled Substances Import and Export Act (21 
U.S.C. 962(b)) is amended by striking ``one or more prior convictions 
of him for a felony under any provision of this subchapter or 
subchapter I of this chapter or other law of a State, the United 
States, or a foreign country relating to narcotic drugs, marihuana, or 
depressant or stimulant drugs, have become final'' and inserting in 
lieu thereof ``one or more prior convictions of such person for a 
felony drug offense have become final''.
    (d) Section 401(b)(1)(A) of the Controlled Substances Act.--Section 
401(b)(1)(A) of the Controlled Substances Act (21 U.S.C. 841(b)(1)(A)) 
is amended by striking the sentence beginning ``For the purposes of 
this subparagraph, the term `felony drug offense' means''.
    (e) Section 102 of the controlled substances Act.--Section 102 of 
the Controlled Substances Act (21 U.S.C. 802), as amended by section 
1012(c)(7), is amended by adding at the end the following new 
paragraph:
    ``(43) The term `felony drug offense' means an offense that is 
punishable by imprisonment for more than 1 year under any law of the 
United States or of a State or foreign country that prohibits or 
restricts conduct relating to narcotic drugs, marihuana, or depressant 
or stimulant substances.''.

SEC. 1147. ELIMINATION OF OUTMODED LANGUAGE RELATING TO PAROLE.

    (a) Section 401(b)(1) of the Controlled Substances Act.--
Subparagraphs (A) and (B) of section 401(b)(1) of the Controlled 
Substances Act (21 U.S.C. 841(b)(1)) are amended by striking ``No 
person sentenced under this subparagraph shall be eligible for parole 
during the term of imprisonment imposed therein.''.
    (b) Section 1010(b) of the Controlled Substances Import and Export 
Act.--Paragraphs (1) and (2) of section 1010(b) of the Controlled 
Substances Import and Export Act (21 U.S.C. 960(b)) are amended by 
striking ``No person sentenced under this paragraph shall be eligible 
for parole during the term of imprisonment imposed therein.''.
    (c) Section 419(d) of the Controlled Substances Act.--Section 
419(d) of the Controlled Substances Act (21 U.S.C. 860(c)), as 
redesignated by section 501(1), is amended by striking ``An individual 
convicted under this section shall not be eligible for parole until the 
individual has served the mandatory minimum term of imprisonment as 
provided by this section.''.
    (d) Section 420(e) of the Controlled Substances Act.--Section 
420(e) of the Controlled Substances Act (21 U.S.C. 861(a)) is amended 
by striking ``An individual convicted under this section of an offense 
for which a mandatory minimum term of imprisonment is applicable shall 
not be eligible for parole under section 4202 of title 18 until the 
individual has served the mandatory term of imprisonment as enhanced by 
this section.''.

SEC. 1148. DRUGGED OR DRUNK DRIVING CHILD PROTECTION.

    (a) Application of State Law in Areas Within Federal 
Jurisdiction.--Section 13(b) of title 18, United States Code, is 
amended--
            (1) by striking ``For purposes'' and inserting ``(1) 
        Subject to paragraph (2) and for purposes''; and
            (2) by adding at the end thereof the following new 
        paragraph:
            ``(2)(A) In addition to any term of imprisonment provided 
        for operating a motor vehicle under the influence of a drug or 
        alcohol imposed under the law of a State, territory, 
        possession, or district, the punishment for such an offense 
        under this section shall include an additional term of 
        imprisonment of not more than 1 year, or if serious bodily 
        injury of a minor is caused, 5 years, or if death of a minor is 
        caused, 10 years, and an additional fine of not more than 
        $1,000, or both, if--
                    ``(i) a minor (other than the offender) was present 
                in the motor vehicle when the offense was committed; 
                and
                    ``(ii) the law of the State, commonwealth, 
                territory, possession, or district in which the offense 
                occurred does not provide an additional term of 
                imprisonment under the circumstances described in 
                clause (i).
            ``(B) For the purposes of subparagraph (A), the term 
        `minor' means a person less than 18 years of age.''.
    (b) Common Carriers.--Section 342 of title 18, United States Code, 
is amended--
            (1) by inserting ``(a)'' before ``Whoever''; and
            (2) by adding at the end the following new subsection:
    ``(b)(1) In addition to any term of imprisonment imposed for an 
offense under subsection (a), the punishment for such an offense shall 
include an additional term of imprisonment of not more than 1 year, or 
if serious bodily injury of a minor is caused, 5 years, or if death of 
a minor is caused, 10 years, and an additional fine of not more than 
$1,000, or both, if a minor (other than the offender) was present in 
the common carrier when the offense was committed.
    ``(2) For the purposes of paragraph (1), the term `minor' means a 
person less than 18 years of age.''.

SEC. 1149. EVICTION FROM PLACES MAINTAINED FOR MANUFACTURING, 
              DISTRIBUTING, OR USING CONTROLLED SUBSTANCES.

    Section 416 of the Controlled Substances Act (21 U.S.C. 856) is 
amended by adding at the end the following new subsection:
    ``(c) The Attorney General may bring a civil action against any 
person who violates this section. The action may be brought in any 
district court of the United States or the United States courts of any 
territory in which the violation is taking place. The court in which 
such action is brought shall determine the existence of a violation by 
a preponderance of the evidence, and shall have the power to assess a 
civil penalty of up to $100,000 and to grant such other relief 
including injunctions and evictions as may be appropriate. Such 
remedies shall be in addition to any other remedy available under 
statutory or common law.''.

SEC. 1150. ANABOLIC STEROIDS PENALTIES.

    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. 1151. PROGRAM TO PROVIDE PUBLIC AWARENESS OF THE PROVISIONS OF LAW 
              THAT CONDITION PORTIONS OF A STATE'S FEDERAL HIGHWAY 
              FUNDING ON THE STATE'S ENACTMENT OF LEGISLATION REQUIRING 
              THE REVOCATION OF THE DRIVER'S LICENSES OF CONVICTED DRUG 
              ABUSERS.

    The Attorney General, in consultation with the Secretary of 
Transportation, shall implement a program of national awareness of 
section 333 of Public Law 101-516 (104 Stat. 2184) and section 
104(a)(3) of title 23, United States Code, which shall notify the 
Governors and State Representatives of the requirements of those 
sections.

SEC. 1152. DRUG ABUSE RESISTANCE EDUCATION PROGRAMS.

    Section 5122(c) of the Drug-Free Schools and Communities Act of 
1986 (20 U.S.C. 3192(c)) is amended by inserting ``or local governments 
with the concurrence of local educational agencies'' after ``for grants 
to local educational agencies''.

SEC. 1153. MISUSE OF THE WORDS ``DRUG ENFORCEMENT ADMINISTRATION'' OR 
              THE INITIALS ``DEA''.

    Section 709 of title 18, United States Code, is amended by 
inserting the following new paragraph before the paragraph beginning 
``Shall be punished'':
    ``Whoever, except with the written permission of the Administrator 
of the Drug Enforcement Administration, knowingly uses the words `Drug 
Enforcement Administration' or the initials `DEA' or any colorable 
imitation of such words or initials, in connection with any 
advertisement, circular, book, pamphlet, software or other publication, 
play, motion picture, broadcast, telecast, or other production, in a 
manner reasonably calculated to convey the impression that such 
advertisement, circular, book, pamphlet, software or other publication, 
play, motion picture, broadcast, telecast, or other production is 
approved, endorsed, or authorized by the Drug Enforcement 
Administration,''.

                      TITLE XII--PUBLIC CORRUPTION

SEC. 1201. SHORT TITLE.

    This title may be cited as the ``Anti-Corruption Act of 1993''.

SEC. 1202. PUBLIC CORRUPTION.

    (a) Offenses.--Chapter 11 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 226. Public corruption
    ``(a) State and Local Government.--
            ``(1) Honest services.--Whoever, in a circumstance 
        described in paragraph (3), deprives or defrauds, or endeavors 
        to deprive or to defraud, by any scheme or artifice, the 
        inhabitants of a State or political subdivision of a State of 
        the honest services of an official or employee of the State or 
        political subdivision shall be fined under this title, 
        imprisoned not more than 10 years, or both.
            ``(2) Fair and impartial elections.--Whoever, in a 
        circumstance described in paragraph (3), deprives or defrauds, 
        or endeavors to deprive or to defraud, by any scheme or 
        artifice, the inhabitants of a State or political subdivision 
        of a State of a fair and impartially conducted election process 
        in any primary, run-off, special, or general election--
                    ``(A) through the procurement, casting, or 
                tabulation of ballots that are materially false, 
                fictitious, or fraudulent or that are invalid, under 
                the laws of the State in which the election is held;
                    ``(B) through paying or offering to pay any person 
                for voting;
                    ``(C) through the procurement or submission of 
                voter registrations that contain false material 
                information, or omit material information; or
                    ``(D) through the filing of any report required to 
                be filed under State law regarding an election campaign 
                that contains false material information or omits 
                material information,
        shall be fined under this title, imprisoned not more than 10 
        years, or both.
            ``(3) Circumstances in which offense occurs.--The 
        circumstances referred to in paragraphs (1) and (2) are that--
                    ``(A) for the purpose of executing or concealing a 
                scheme or artifice described in paragraph (1) or (2) or 
                attempting to do so, a person--
                            ``(i) places in any post office or 
                        authorized depository for mail matter, any 
                        matter or thing to be sent or delivered by the 
                        Postal Service, or takes or receives therefrom 
                        any such matter or thing, or knowingly causes 
                        to be delivered by mail according to the 
                        direction thereon, or at the place at which it 
                        is directed to be delivered by the person to 
                        whom it is addressed, any such matter or thing;
                            ``(ii) transmits or causes to be 
                        transmitted by means of wire, radio, or 
                        television communication in interstate or 
                        foreign commerce any writings, signs, signals, 
                        pictures, or sounds;
                            ``(iii) transports or causes to be 
                        transported any person or thing, or induces any 
                        person to travel in or to be transported in, 
                        interstate or foreign commerce; or
                            ``(iv) uses or causes the use of any 
                        facility of interstate or foreign commerce;
                    ``(B) the scheme or artifice affects or constitutes 
                an attempt to affect in any manner or degree, or would 
                if executed or concealed affect, interstate or foreign 
                commerce; or
                    ``(C) in the case of an offense described in 
                paragraph (2), an objective of the scheme or artifice 
                is to secure the election of an official who, if 
                elected, would have any authority over the 
                administration of funds derived from an Act of Congress 
                totaling $10,000 or more during the 12-month period 
                immediately preceding or following the election or date 
                of the offense.
    ``(b) Federal Government.--Whoever deprives or defrauds, or 
endeavors to deprive or to defraud, by any scheme or artifice, the 
inhabitants of the United States of the honest services of a public 
official or a person who has been selected to be a public official 
shall be fined under this title, imprisoned not more than 10 years, or 
both.
    ``(c) Offense by an Official Against an Employee or Official.--
            ``(1) Criminal offense.--Whoever, being an official, public 
        official, or person who has been selected to be a public 
        official, directly or indirectly discharges, demotes, suspends, 
        threatens, harasses, or in any manner discriminates against an 
        employee or official of the United States or of a State or 
        political subdivision of a State, or endeavors to do so, in 
        order to carry out or to conceal a scheme or artifice described 
        in subsection (a) or (b), shall be fined under this title, 
        imprisoned not more than 5 years, or both.
            ``(2) Civil action.--(A) Any employee or official of the 
        United States or of a State or political subdivision of a State 
        who is discharged, demoted, suspended, threatened, harassed, or 
        in any manner discriminated against because of lawful acts done 
        by the employee or official as a result of a violation of this 
        section or because of actions by the employee on behalf of 
        himself or herself or others in furtherance of a prosecution 
        under this section (including investigation for, initiation of, 
        testimony for, or assistance in such a prosecution) may bring a 
        civil action and obtain all relief necessary to make the 
        employee or official whole, including--
                    ``(i) reinstatement with the same seniority status 
                that the employee or official would have had but for 
                the violation;
                    ``(ii) 3 times the amount of backpay;
                    ``(iii) interest on the backpay; and
                    ``(iv) compensation for any special damages 
                sustained as a result of the violation, including 
                reasonable litigation costs and reasonable attorney's 
                fees.
            ``(B) An employee or official shall not be afforded relief 
        under subparagraph (A) if the employee or official participated 
        in the violation of this section with respect to which relief 
        is sought.
            ``(C)(i) A civil action or proceeding authorized by this 
        paragraph shall be stayed by a court upon certification of an 
        attorney for the Government that prosecution of the action or 
        proceeding may adversely affect the interests of the Government 
        in a pending criminal investigation or proceeding.
            ``(ii) The attorney for the Government shall promptly 
        notify the court when a stay may be lifted without such adverse 
        effects.
    ``(d) Definitions.--In this section--
            ```official' includes--
                    ``(A) any person employed by, exercising any 
                authority derived from, or holding any position in the 
                government of a State or any subdivision of the 
                executive, legislative, judicial, or other branch of 
                government thereof, including a department, independent 
                establishment, commission, administration, authority, 
                board, and bureau, and a corporation or other legal 
                entity established and subject to control by a 
                government or governments for the execution of a 
                governmental or intergovernmental program;
                    ``(B) any person acting or pretending to act under 
                color of official authority; and
                    ``(C) any person who has been nominated, appointed, 
                or selected to be an official or who has been 
                officially informed that he or she will be so 
                nominated, appointed, or selected.
            ```person acting or pretending to act under color of 
        official authority' includes a person who represents that he or 
        she controls, is an agent of, or otherwise acts on behalf of an 
        official, public official, and person who has been selected to 
        be a public official.
            ```public official' and `person who has been selected to be 
        a public official' have the meanings stated in section 201 and 
        also include any person acting or pretending to act under color 
        of official authority.
            ```State' means a State of the United States, the District 
        of Columbia, Puerto Rico, and any other commonwealth, 
        territory, or possession of the United States.
            ```uses any facility of interstate or foreign commerce' 
        includes the intrastate use of any facility that may also be 
        used in interstate or foreign commerce.''.
    (b) Technical Amendments.--(1) The chapter analysis for chapter 11 
of title 18, United States Code, is amended by adding at the end the 
following new item:

``226. Public corruption.''.
    (2) Section 1961(1) of title 18, United States Code, is amended by 
inserting ``section 226 (relating to public corruption),'' after 
``section 224 (relating to sports bribery),''.
    (3) Section 2516(1)(c) of title 18, United States Code, is amended 
by inserting ``section 226 (relating to public corruption),'' after 
``section 224 (bribery in sporting contests),''.

SEC. 1203. INTERSTATE COMMERCE.

    (a) In General.--Section 1343 of title 18, United States Code, is 
amended--
            (1) by striking ``transmits or causes to be transmitted by 
        means of wire, radio, or television communication in interstate 
        or foreign commerce, any writings, signs, signals, pictures, or 
        sounds'' and inserting ``uses or causes to be used any facility 
        of interstate or foreign commerce''; and
            (2) by inserting ``or attempting to do so'' after ``for the 
        purpose of executing such scheme or artifice''.
    (b) Technical Amendments.--(1) The heading of section 1343 of title 
18, United States Code, is amended to read as follows:
``Sec. 1343. Fraud by use of facility of interstate commerce''.
    (2) The chapter analysis for chapter 63 of title 18, United States 
Code, is amended by amending the item relating to section 1343 to read 
as follows:

``1343. Fraud by use of facility of interstate commerce.''.

SEC. 1204. NARCOTICS-RELATED PUBLIC CORRUPTION.

    (a) Offenses.--Chapter 11 of title 18, United States Code, is 
amended by inserting after section 219 the following new section:
``Sec. 220. Narcotics and public corruption
    ``(a) Offense by Public Official.--A public official who, in a 
circumstance described in subsection (c), directly or indirectly, 
corruptly demands, seeks, receives, accepts, or agrees to receive or 
accept anything of value personally or for any other person in return 
for--
            ``(1) being influenced in the performance or nonperformance 
        of any official act; or
            ``(2) being influenced to commit or to aid in committing, 
        or to collude in, or to allow or make opportunity for the 
        commission of any offense against the United States or any 
        State,
shall be guilty of a class B felony.
    ``(b) Offense by Person Other Than a Public Official.--A person 
who, in a circumstance described in subsection (c), directly or 
indirectly, corruptly gives, offers, or promises anything of value to 
any public official, or offers or promises any public official to give 
anything of value to any other person, with intent--
            ``(1) to influence any official act;
            ``(2) to influence the public official to commit or aid in 
        committing, or to collude in, or to allow or make opportunity 
        for the commission of any offense against the United States or 
        any State; or
            ``(3) to influence the public official to do or to omit to 
        do any act in violation of the official's lawful duty,
shall be guilty of a class B felony.
    ``(c) Circumstances in Which Offense Occurs.--The circumstances 
referred to in subsections (a) and (b) are that the offense involves, 
is part of, or is intended to further or to conceal the illegal 
possession, importation, manufacture, transportation, or distribution 
of any controlled substance or controlled substance analogue.
    ``(d) Definitions.--As used in this section--
            ``(1) the terms `controlled substance' and `controlled 
        substance analogue' have the meanings stated in section 102 of 
        the Controlled Substances Act (21 U.S.C. 802);
            ``(2) the term `official act' means any decision, action, 
        or conduct regarding any question, matter, proceeding, cause, 
        suit, investigation, or prosecution which may at any time be 
        pending, or which may be brought before any public official, in 
        such official's official capacity, or in such official's place 
        of trust or profit; and
            ``(3) the term `public official' means--
                    ``(A) an officer or employee or person acting for 
                or on behalf of the United States, or any department, 
                agency, or branch of Government thereof in any official 
                function, under or by authority of any such department, 
                agency, or branch of Government;
                    ``(B) a juror;
                    ``(C) an officer or employee or person acting for 
                or on behalf of the government of any State, territory, 
                or possession of the United States (including the 
                District of Columbia), or any political subdivision 
                thereof, in any official function, under or by the 
                authority of any such State, territory, possession, or 
                political subdivision; and
                    ``(D) any person who has been nominated or 
                appointed to a position described in subparagraph (A), 
                (B), or (C), or has been officially informed that he or 
                she will be so nominated or appointed.''.
    (b) Technical Amendments.--(1) Section 1961(1) of title 18, United 
States Code, is amended by inserting ``section 220 (relating to 
narcotics and public corruption),'' after ``Section 201 (relating to 
bribery),''.
    (2) Section 2516(1)(c) of title 18, United States Code, is amended 
by inserting ``section 220 (relating to narcotics and public 
corruption),'' after ``section 201 (bribery of public officials and 
witnesses),''.
    (3) The chapter analysis for chapter 11 of title 18, United States 
Code, is amended by inserting after the item for section 219 the 
following new item:

``220. Narcotics and public corruption.''.

                     TITLE XIII--GENERAL PROVISIONS

                       Subtitle A--Violent Crimes

SEC. 1301. ADDITION OF ATTEMPTED ROBBERY, KIDNAPPING, SMUGGLING, AND 
              PROPERTY DAMAGE OFFENSES TO ELIMINATE INCONSISTENCIES AND 
              GAPS IN COVERAGE.

    (a) Robbery and Burglary.--(1) Section 2111 of title 18, United 
States Code, is amended by inserting ``or attempts to take'' after 
``takes''.
    (2) Section 2112 of title 18, United States Code, is amended by 
inserting ``or attempts to rob'' after ``robs''.
    (3) Section 2114 of title 18, United States Code, is amended by 
inserting ``or attempts to rob'' after ``robs''.
    (b) Kidnapping.--Section 1201(d) of title 18, United States Code, 
is amended by striking ``Whoever attempts to violate subsection (a)(4) 
or (a)(5)'' and inserting ``Whoever attempts to violate subsection 
(a)''.
    (c) Smuggling.--Section 545 of title 18, United States Code, is 
amended by inserting ``or attempts to smuggle or clandestinely 
introduce'' after ``smuggles, or clandestinely introduces''.
    (d) Malicious Mischief.--(1) Section 1361 of title 18, United 
States Code, is amended--
            (A) by inserting ``or attempts to commit any of the 
        foregoing offenses'' before ``shall be punished'', and
            (B) by inserting ``or attempted damage'' after ``damage'' 
        each place it appears.
    (2) Section 1362 of title 18, United States Code, is amended by 
inserting ``or attempts willfully or maliciously to injure or destroy'' 
after ``willfully or maliciously injures or destroys''.
    (3) Section 1366 of title 18, United States Code, is amended--
            (A) by inserting ``or attempts to damage'' after 
        ``damages'' each place it appears;
            (B) by inserting ``or attempts to cause'' after ``causes''; 
        and
            (C) by inserting ``or would if the attempted offense had 
        been completed have exceeded'' after ``exceeds'' each place it 
        appears.

SEC. 1302. INCREASE IN MAXIMUM PENALTY FOR ASSAULT.

    (a) Certain Officers and Employees.--Section 111 of title 18, 
United States Code, is amended--
            (1) in subsection (a) by inserting ``, where the acts in 
        violation of this section constitute only simple assault, be 
        fined under this title, imprisoned not more than 1 year, or 
        both, and in all other cases,'' after ``shall''; and
            (2) in subsection (b) by inserting ``or inflicts bodily 
        injury'' after ``weapon''.
    (b) Foreign Officials, Official Guests, and Internationally 
Protected Persons.--Section 112(a) of title 18, United States Code, is 
amended--
            (1) by striking ``not more than $5,000'' and inserting 
        ``under this title'';
            (2) by inserting ``, or inflicts bodily injury,'' after 
        ``weapon''; and
            (3) by striking ``not more than $10,000'' and inserting 
        ``under this title''.
    (c) Maritime and Territorial Jurisdiction.--Section 113 of title 
18, United States Code, is amended--
            (1) in subsection (c)--
                    (A) by striking ``of not more than $1,000'' and 
                inserting ``under this title''; and
                    (B) by striking ``five'' and inserting ``10''; and
            (2) in subsection (e)--
                    (A) by striking ``of not more than $300'' and 
                inserting ``under this title''; and
                    (B) by striking ``three'' and inserting ``6''.
    (d) Congress, Cabinet, or Supreme Court.--Section 351(e) of title 
18, United States Code, is amended--
            (1) by striking ``not more than $5,000,'' and inserting 
        ``under this title,'';
            (2) by inserting ``the assault involved the use of a 
        dangerous weapon, or'' after ``if'';
            (3) by striking ``not more than $10,000'' and inserting 
        ``under this title''; and
            (4) by striking ``for''.
    (e) President and President's Staff.--Section 1751(e) of title 18, 
United States Code, is amended--
            (1) by striking ``not more than $10,000,'' each place it 
        appears and inserting ``under this title,'';
            (2) by striking ``not more than $5,000,'' and inserting 
        ``under this title,''; and
            (3) by inserting ``the assault involved the use of a 
        dangerous weapon, or'' after ``if''.

SEC. 1303. INCREASED MAXIMUM PENALTY FOR MANSLAUGHTER.

    Section 1112 of title 18, United States Code, is amended--
            (1) in subsection (b)--
                    (A) by inserting ``fined under this title or'' 
                after ``shall be'' in the second undesignated 
                paragraph; and
                    (B) by inserting ``, or both'' after ``years'';
            (2) by striking ``not more than $1,000'' and inserting 
        ``under this title''; and
            (3) by striking ``three'' and inserting ``6''.

SEC. 1304. INCREASED PENALTY FOR TRAVEL ACT VIOLATIONS.

    Section 1952(a) of title 18, United States Code, is amended by 
striking ``and thereafter performs or attempts to perform any of the 
acts specified in subparagraphs (1), (2), and (3), shall be fined not 
more than $10,000 or imprisoned for not more than five years, or both'' 
and inserting ``and thereafter performs or attempts to perform--
            ``(A) an act described in paragraph (1) or (3) shall be 
        fined under this title, imprisoned not more than 5 years, or 
        both; or
            ``(B) an act described in paragraph (2) shall be fined 
        under this title, imprisoned for not more than 20 years, or 
        both, and if death results shall be imprisoned for any term of 
        years or for life.''.

SEC. 1305. INCREASED PENALTY FOR CONSPIRACY TO COMMIT MURDER FOR HIRE.

    Section 1958(a) of title 18, United States Code, is amended by 
inserting ``or who conspires to do so'' before ``shall be fined'' the 
first place it appears.

                   Subtitle B--Civil Rights Offenses

SEC. 1311. INCREASED MAXIMUM PENALTIES FOR CIVIL RIGHTS VIOLATIONS.

    (a) Conspiracy Against Rights.--Section 241 of title 18, United 
States Code, is amended--
            (1) by striking ``not more than $10,000'' and inserting 
        ``under this title'';
            (2) by inserting ``from the acts committed in violation of 
        this section or if such acts include kidnapping or an attempt 
        to kidnap, aggravated sexual abuse or an attempt to commit 
        aggravated sexual abuse, or an attempt to kill'' after 
        ``results''; and
            (3) by inserting ``and may be fined under this title, or 
        both'' before the period.
    (b) Deprivation of Rights.--Section 242 of title 18, United States 
Code, is amended--
            (1) by striking ``not more more than $1,000'' and inserting 
        ``under this title'';
            (2) by inserting ``from the acts committed in violation of 
        this section or if such acts include the use, attempted use, or 
        threatened use of a dangerous weapon, explosives, or fire,'' 
        after ``bodily injury results'';
            (3) by inserting ``from the acts committed in violation of 
        this section or if such acts include kidnapping or an attempt 
        to kidnap, aggravated sexual abuse, or an attempt to commit 
        aggravated sexual abuse, or an attempt to kill,'' after ``death 
        results''; and
            (4) by inserting ``and may be fined under this title, or 
        both'' before the period.
    (c) Federally Protected Activities.--The first sentence of section 
245(b) of title 18, United States Code, is amended in the matter 
following paragraph (5)--
            (1) by striking ``not more than $1,000'' and inserting 
        ``under this title'';
            (2) by inserting ``from the acts committed in violation of 
        this section or if such acts include the use, attempted use, or 
        threatened use of a dangerous weapon, explosives, or fire'' 
        after ``bodily injury results;
            (3) by striking ``not more than $10,000'' and inserting 
        ``under this title'';
            (4) by inserting ``from the acts committed in violation of 
        this section or if such acts include kidnapping or an attempt 
        to kidnap, aggravated sexual abuse or an attempt to commit 
        aggravated sexual abuse, or an attempt to kill,'' after ``death 
        results''; and
            (5) by inserting ``and may be fined under this title, or 
        both'' before the period.
    (d) Damage to Religious Property.--Section 247 of title 18, United 
States Code, is amended--
            (1) in subsection (c)(1) by inserting ``from acts committed 
        in violation of this section or if such acts include kidnapping 
        or an attempt to kidnap, aggravated sexual abuse or an attempt 
        to commit aggravated sexual abuse, or an attempt to kill'' 
        after ``death results'';
            (2) in subsection (c)(2)--
                    (A) by striking ``serious''; and
                    (B) by inserting ``from the acts committed in 
                violation of this section or if such acts include the 
                use, attempted use, or threatened use of a dangerous 
                weapon, explosives, or fire'' after ``bodily injury 
                results''; and
            (3) by amending subsection (e) to read as follows:
    ``(e) As used in this section, the term `religious property' means 
any church, synagogue, mosque, religious cemetery, or other religious 
property.''.
    (e) Fair Housing Act.--Section 901 of the Fair Housing Act (42 
U.S.C. 3631) is amended--
            (1) by striking ``not more than $1,000,'' and inserting 
        ``under title 18, United States Code,'';
            (2) by inserting ``from the acts committed in violation of 
        this section or if such acts include the use, attempted use, or 
        threatened use of a dangerous weapon, explosives, or fire'' 
        after ``bodily injury results'';
            (3) by striking ``not more than $10,000,'' and inserting 
        ``under title 18, United States Code,'';
            (4) by inserting ``from the acts committed in violation of 
        this section or if such acts include kidnapping or an attempt 
        to kidnap, aggravated sexual abuse or an attempt to commit 
        aggravated sexual abuse, or an attempt to kill'' after ``death 
        results'';
            (5) by striking ``subject to imprisonment'' and inserting 
        ``fined under title 18, United States Code, or imprisoned''; 
        and
            (6) by inserting ``, or both'' after ``life''.

              Subtitle C--White Collar and Property Crimes

SEC. 1321. RECEIPT OF PROCEEDS OF A POSTAL ROBBERY.

    Section 2114 of title 18, United States Code, is amended--
            (1) by striking ``Whoever'' and inserting ``(a) Robbery.--
        Whoever''; and
            (2) by adding at the end the following new subsection:
    ``(b) Receipt of Proceeds.--Whoever receives, possesses, conceals, 
or disposes of any money or other property that has been obtained in 
violation of this section, knowing the same to have been unlawfully 
obtained, shall be imprisoned not more than 10 years, fined under this 
title, or both.''.

SEC. 1322. RECEIPT OF PROCEEDS OF EXTORTION OR KIDNAPPING.

    (a) Extortion.--Chapter 41 of title 18, United States Code, is 
amended--
            (1) by adding at the end the following new section:
``Sec. 880. Receipt of proceeds of extortion
    ``Whoever receives, possesses, conceals, or disposes of any money 
or other property that was obtained from the commission of any offense 
under this chapter that is punishable by imprisonment for more than 1 
year, knowing the same to have been unlawfully obtained, shall be 
imprisoned not more than 3 years, fined under this title, or both.''; 
and
            (2) in the chapter analysis, by adding at the end the 
        following new item:

        ``880. Receipt of proceeds of extortion.''.
    (b) Kidnapping.--Section 1202 of title 18, United States Code, is 
amended--
            (1) by striking ``Whoever'' and inserting ``(a) Violation 
        of Section 1201.--Whoever''; and
            (2) by adding at the end the following new subsections:
    ``(b) Violation of State Law.--Whoever transports, transmits, or 
transfers in interstate or foreign commerce any proceeds of a 
kidnapping punishable under State law by imprisonment for more than 1 
year, or receives, possesses, conceals, or disposes of any such 
proceeds after they have crossed a State or United States boundary, 
knowing the proceeds to have been unlawfully obtained, shall be 
imprisoned not more than 10 years, fined under this title, or both.
    ``(c) Definition.--For purposes of this section, the term `State' 
has the meaning stated in section 245(d).''.

SEC. 1323. CONFORMING ADDITION TO OBSTRUCTION OF CIVIL INVESTIGATIVE 
              DEMAND STATUTE.

    Section 1505 of title 18, United States Code, is amended by 
inserting ``section 1968 of this title, section 3733 of title 31, 
United States Code, or'' before ``the Antitrust Civil Process Act''.

SEC. 1324. CONFORMING ADDITION OF PREDICATE OFFENSES TO FINANCIAL 
              INSTITUTIONS REWARDS STATUTE.

    Section 3059A of title 18, United States Code, is amended--
            (1) by inserting ``225,'' after ``215'';
            (2) by striking ``or'' before ``1344''; and
            (3) by inserting ``, or 1517'' after ``1344''.

SEC. 1325. DEFINITION OF SAVINGS AND LOAN ASSOCIATION IN BANK ROBBERY 
              STATUTE.

    Section 2113 of title 18, United States Code, is amended by adding 
at the end the following new subsection:
    ``(h) As used in this section, the term `savings and loan 
association' means--
            ``(1) any Federal saving association or State savings 
        association (as defined in section 3(b) of the Federal Deposit 
        Insurance Act (12 U.S.C. 1813(b)) having accounts insured by 
        the Federal Deposit Insurance Corporation; and
            ``(2) any corporation described in section 3(b)(1)(C) of 
        the Federal Deposit Insurance Act (12 U.S.C. 1813(b)(1)(C)) 
        that is operating under the laws of the United States.''.

SEC. 1326. CONFORMING DEFINITION OF ``1 YEAR PERIOD'' IN 18 U.S.C. 
              1516.

    Section 1516(b) of title 18, United States Code, is amended--
            (1) by inserting ``(i)'' before ``the term''; and
            (2) by inserting before the period the following: ``, and 
        (ii) the term `in any 1 year period' has the meaning given to 
        the term `in any one-year period' in section 666.''.

SEC. 1327. FINANCIAL INSTITUTIONS FRAUD.

    (a) Federal Deposit Insurance Act.--Section 19(a)(2)(A)(i)(I) of 
the Federal Deposit Insurance Act (12 U.S.C. 1829(a)(2)(A)(i)(I)) is 
amended by striking ``or 1956'' and inserting ``1517, 1956, or 1957''.
    (b) Federal Credit Union Act.--Section 205(d) of the Federal Credit 
Union Act (12 U.S.C. 1785(d)) is amended to read as follows:
    ``(d) Prohibition.--
            ``(1) In general.--Except with prior written consent of the 
        Board--
                    ``(A) any person who has been convicted of any 
                criminal offense involving dishonesty or a breach of 
                trust, or has agreed to enter into a pretrial diversion 
                or similar program in connection with a prosecution for 
                such offense, may not--
                            ``(i) become, or continue as, an 
                        institution-affiliated party with respect to 
                        any insured credit union; or
                            ``(ii) otherwise participate, directly or 
                        indirectly, in the conduct of the affairs of 
                        any insured credit union; and
                    ``(B) any insured credit union may not permit any 
                person referred to in subparagraph (A) to engage in any 
                conduct or continue any relationship prohibited under 
                such subparagraph.
            ``(2) Minimum 10-year prohibition period for certain 
        offenses.--
                    ``(A) In general.--If the offense referred to in 
                paragraph (1)(A) in connection with any person referred 
                to in such paragraph is--
                            ``(i) an offense under--
                                    ``(I) section 215, 656, 657, 1005, 
                                1006, 1007, 1008, 1014, 1032, 1344, 
                                1517, 1956, or 1957 of title 18, United 
                                States Code; or
                                    ``(II) section 1341 or 1343 of such 
                                title which affects any financial 
                                institution (as defined in section 20 
                                of such title); or
                            ``(ii) the offense of conspiring to commit 
                        any such offense,
                the Board may not consent to any exception to the 
                application of paragraph (1) to such person during the 
                10-year period beginning on the date the conviction or 
                the agreement of the person becomes final.
                    ``(B) Exception by order of sentencing court.--
                            ``(i) In general.--On motion of the Board, 
                        the court in which the conviction or the 
                        agreement of a person referred to in 
                        subparagraph (A) has been entered may grant an 
                        exception to the application of paragraph (1) 
                        to such person if granting the exception is in 
                        the interest of justice.
                            ``(ii) Period for filing.--A motion may be 
                        filed under clause (i) at any time during the 
                        10-year period described in subparagraph (A) 
                        with regard to the person on whose behalf such 
                        motion is made.
            ``(3) Penalty.--Whoever knowingly violates paragraph (1) or 
        (2) shall be fined not more than $1,000,000 for each day such 
        prohibition is violated or imprisoned for not more than 5 
        years, or both.''.
    (c) Crime Control Act of 1990.--Section 2546 of the Crime Control 
Act of 1990 (28 U.S.C. 522 note; 104 Stat. 4885) is amended by adding 
at the end the following new subsection:
    ``(c) Fraud Task Forces Report.--In addition to the reports 
required under subsection (a), the Attorney General is encouraged to 
submit a report to the Congress containing the findings of the 
financial institutions fraud task forces established under section 2539 
as they relate to the collapse of private deposit insurance 
corporations, together with recommendations for any regulatory or 
legislative changes necessary to prevent such collapses in the 
future.''.

SEC. 1328. WIRETAPS.

    Section 2511(1) of title 18, United States Code, is amended--
            (1) by striking ``or'' at the end of paragraph (c);
            (2) by adding ``or'' at the end of paragraph (d); and
            (3) by inserting after paragraph (d) the following new 
        paragraph:
            ``(e) intentionally uses, discloses, or endeavors to 
        disclose, to any other person the contents of any wire, oral, 
        or electronic communication, intercepted by means authorized by 
        sections 2511(2)(A)(ii), 2511 (b) and (c), 2511(e), 2516, and 
        2518, knowing or having reason to know that the information was 
        obtained through the interception of such a communication in 
        connection with a criminal investigation, having obtained or 
        received the information in connection with a criminal 
        investigation, with intent to improperly obstruct, impede, or 
        interfere with a duly authorized criminal investigation,''.

SEC. 1329. KNOWLEDGE REQUIREMENT FOR STOLEN OR COUNTERFEIT PROPERTY.

    (a) Offense.--Chapter 1 of title 18, United States Code, is amended 
by adding at the end the following new section:
``Sec. 21. Stolen or counterfeit nature of property for certain crimes 
              defined
    ``(a) Establishment of Element of Offense.--Wherever in this title 
it is an element of an offense that any property was embezzled, robbed, 
stolen, converted, taken, altered, counterfeited, falsely made, forged, 
or obliterated and that the defendant knew that the property was of 
such character, the element may be established by proof that the 
defendant, after or as a result of an official representation as to the 
nature of the property, believed the property to be embezzled, robbed, 
stolen, converted, taken, altered, counterfeited, falsely made, forged, 
or obliterated.
    ``(b) Definition.--For purposes of this section, the term `official 
representation' means a representation made by a Federal law 
enforcement officer (as defined in section 115) or by another person at 
the direction or with the approval of such an officer.''.
    (b) Technical Amendment.--The chapter analysis for chapter 1 of 
title 18, United States Code, is amended by adding at the end thereof 
the following new item:

``21. Stolen or counterfeit nature of property for certain crimes 
                            defined.''.

SEC. 1330. MAIL FRAUD.

    Section 1341 of title 18, United States Code, is amended--
            (1) by inserting ``or deposits or causes to be deposited 
        any matter or thing whatever to be sent or delivered by any 
        private or commercial interstate carrier,'' after ``Postal 
        Service,''; and
            (2) by inserting ``or such carrier'' after ``causes to be 
        delivered by mail''.

SEC. 1331. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH ACCESS 
              DEVICES.

    Section 1029 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``or'' at the end of paragraph (3); 
                and
                    (B) by inserting after paragraph (4) the following 
                new paragraphs:
            ``(5) knowingly, and with intent to defraud, effects 
        transactions, with 1 or more access devices issued to another 
        person, to receive anything of value aggregating $1,000 or more 
        during any 1-year period;
            ``(6) without the authorization of the issuer of the access 
        device, knowingly and with intent to defraud solicits a person 
        for the purpose of--
                    ``(A) offering an access device; or
                    ``(B) selling information regarding or an 
                application to obtain an access device; or
            ``(7) without the authorization of the credit card system 
        member or its agent, knowingly and with intent to defraud 
        causes or arranges for another person to present to the member 
        or its agent, for payment, 1 or more evidences or records of 
        transactions made by an access device;'';
            (2) in subsection (c)(1) by striking ``(a)(2) or (a)(3)'' 
        and inserting ``(a) (2), (3), (5), (6), or (7)''; and
            (3) in subsection (e)--
                    (A) by striking ``and'' at the end of paragraph 
                (5);
                    (B) by striking the period at the end of paragraph 
                (6) and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(7) the term `credit card system member' means a 
        financial institution or other entity that is a member of a 
        credit card system, including an entity, whether affiliated 
        with or identical to the credit card issuer, that is the sole 
        member of a credit card system.''.

SEC. 1332. INCREASED PENALTIES FOR TRAFFICKING IN COUNTERFEIT GOODS AND 
              SERVICES.

    (a) In General.--Section 2320(a) of title 18, United States Code, 
is amended--
            (1) in the first sentence--
                    (A) by striking ``$250,000 or imprisoned not more 
                than five years'' and inserting ``$2,000,000, 
                imprisoned not more than 10 years''; and
                    (B) by striking ``not more than $1,000,000'' and 
                inserting ``not more than $5,000,000''; and
            (2) in the second sentence--
                    (A) by striking ``$1,000,000 or imprisoned not more 
                than fifteen years'' and inserting ``$5,000,000, 
                imprisoned not more than 20 years''; and
                    (B) by striking ``not more than $5,000,000'' and 
                inserting ``not more than $15,000,000''.
    (b) Laundering Monetary Instruments.--Section 1956(c)(7)(D) of 
title 18, United States Code, is amended by striking ``or section 2319 
(relating to copyright infringement),'' and inserting ``section 2319 
(relating to copyright infringement), or section 2320 (relating to 
trafficking in counterfeit goods and services).''.

SEC. 1333. COMPUTER ABUSE AMENDMENTS ACT OF 1993.

    (a) Short Title.--This section may be cited as the ``Computer Abuse 
Amendments Act of 1993''.
    (b) Prohibition.--Section 1030(a)(5) of title 18, United States 
Code, is amended to read as follows:
            ``(5)(A) through means of or in a manner affecting a 
        computer used in interstate commerce or communications, 
        knowingly causes the transmission of a program, information, 
        code, or command to a computer or computer system if--
                    ``(i) the person causing the transmission intends 
                that such transmission will--
                            ``(I) damage, or cause damage to, a 
                        computer, computer system, network, 
                        information, data, or program; or
                            ``(II) withhold or deny, or cause the 
                        withholding or denial, of the use of a 
                        computer, computer services, system or network, 
                        information, data or program; and
                    ``(ii) the transmission of the harmful component of 
                the program, information, code, or command--
                            ``(I) occurred without the knowledge and 
                        authorization of the persons or entities who 
                        own or are responsible for the computer system 
                        receiving the program, information, code, or 
                        command; and
                            ``(II)(aa) causes loss or damage to 1 or 
                        more other persons of value aggregating $1,000 
                        or more during any 1-year period; or
                            ``(bb) modifies or impairs, or potentially 
                        modifies or impairs, the medical examination, 
                        medical diagnosis, medical treatment, or 
                        medical care of one or more individuals; or
            ``(B) through means of or in a manner affecting a computer 
        used in interstate commerce or communication, knowingly causes 
        the transmission of a program, information, code, or command to 
        a computer or computer system--
                    ``(i) with reckless disregard of a substantial and 
                unjustifiable risk that the transmission will--
                            ``(I) damage, or cause damage to, a 
                        computer, computer system, network, 
                        information, data or program; or
                            ``(II) withhold or deny or cause the 
                        withholding or denial of the use of a computer, 
                        computer services, system, network, 
                        information, data or program; and
                    ``(ii) if the transmission of the harmful component 
                of the program, information, code, or command--
                            ``(I) occurred without the knowledge and 
                        authorization of the persons or entities who 
                        own or are responsible for the computer system 
                        receiving the program, information, code, or 
                        command; and
                            ``(II)(aa) causes loss or damage to 1 or 
                        more other persons of a value aggregating 
                        $1,000 or more during any 1-year period; or
                            ``(bb) modifies or impairs, or potentially 
                        modifies or impairs, the medical examination, 
                        medical diagnosis, medical treatment, or 
                        medical care of one or more individuals; or''.
    (c) Penalty.--Section 1030(c) of title 18, United States Code is 
amended--
            (1) in paragraph (2)(B) by striking ``and'' after the 
        semicolon;
            (2) in paragraph (3)(A) by inserting ``(A)'' after 
        ``(a)(5)''; and
            (3) in paragraph (3)(B) by striking the period at the end 
        and inserting ``; and''; and
            (4) by adding at the end the following new paragraph:
            ``(4) a fine under this title, imprisonment for not more 
        than 1 year, or both, in the case of an offense under 
        subsection (a)(5)(B).''.
    (d) Civil Action.--Section 1030 of title 18, United States Code, is 
amended by adding at the end the following new subsection:
    ``(g) A person who suffers damage or loss by reason of a violation 
of the section, other than a violation of subsection (a)(5)(B), may 
maintain a civil action against the violator to obtain compensatory 
damages and injunctive relief or other equitable relief. Damages for 
violations of any subsection other than subsection 
(a)(5)(A)(ii)(II)(bb) or (a)(5)(B)(ii)(II)(bb) are limited to economic 
damages. No action may be brought under this subsection unless the 
action is begun within 2 years of the date of the act complained of or 
the date of the discovery of the damage.''.
    (e) Reporting Requirements.--Section 1030 of title 18 United States 
Code, as amended by subsection (d), is amended by adding at the end the 
following new subsection:
    ``(h) The Attorney General shall report to the Congress annually, 
during the first 3 years following the date of the enactment of this 
subsection, concerning prosecutions under subsection (a)(5).''.
    (f) Definition.--Section 1030(e)(1) of title 18 United States Code, 
is amended by striking ``, but such term does not include an automated 
typewriter or typesetter, a portable hand held calculator, or other 
similar device''.
    (g) Prohibition.--Section 1030(a)(3) of title 18 United States 
Code, is amended by inserting ``adversely'' before ``affects the use of 
the Government's operation of such computer''.

SEC. 1334. NOTIFICATION OF LAW ENFORCEMENT OFFICERS OF DISCOVERIES OF 
              CONTROLLED SUBSTANCES OR LARGE AMOUNTS OF CASH IN WEAPONS 
              SCREENING.

    Section 315 of the Federal Aviation Act of 1958 (49 U.S.C. App. 
1356) is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following new 
        subsection:
    ``(c) Discoveries of Controlled Substances or Cash in Excess of 
$10,000.--Not later than 90 days after the date of enactment of this 
subsection, the Administrator shall issue regulations requiring 
employees and agents described in subsection (a) to report to 
appropriate Federal and State law enforcement officers any incident in 
which the employee or agent, in the course of conducting screening 
procedures pursuant to subsection (a), discovers--
            ``(1) a controlled substance the possession of which may be 
        a violation of Federal or State law; or
            ``(2) an amount of cash in excess of $10,000 the possession 
        of which may be a violation of Federal or State law.''.

                      Subtitle D--Other Provisions

SEC. 1361. OPTIONAL VENUE FOR ESPIONAGE AND RELATED OFFENSES.

    (a) In General.--Chapter 211 of title 18, United States Code, is 
amended by inserting after section 3238 the following new section:
``Sec. 3239. Optional venue for espionage and related offenses
    ``The trial for any offense involving a violation, begun or 
committed upon the high seas or elsewhere out of the jurisdiction of 
any particular State or district, of--
            ``(1) section 793, 794, 798, or section 1030(a)(1) of this 
        title;
            ``(2) section 601 of the National Security Act of 1947 (50 
        U.S.C. 421); or
            ``(3) section 4 (b) or (c) of the Subversive Activities 
        Control Act of 1950 (50 U.S.C. 783 (b) and (c)),
may be in the District of Columbia or in any other district authorized 
by law.''.
    (b) Technical Amendment.--The chapter analysis for chapter 211 of 
title 18, United States Code, is amended by inserting after the item 
relating to section 3238 the following new item:

``3239. Optional venue for espionage and related offense.''.

SEC. 1362. REQUIRED REPORTING BY CRIMINAL COURT CLERKS.

    (a) In General.--Each clerk of a Federal or State criminal court 
shall report to the Internal Revenue Service, in a form and manner as 
prescribed by the Secretary of the Treasury, the name and taxpayer 
identification number of--
            (1) any individual charged with any criminal offense who 
        posts cash bail, or on whose behalf cash bail is posted, in an 
        amount exceeding $10,000; and
            (2) any individual or entity (other than a licensed bail 
        bonding individual or entity) posting such cash bail for or on 
        behalf of such individual.
    (b) Criminal Offenses.--For purposes of this section--
            (1) the term ``criminal offense'' means--
                    (A) any Federal criminal offense involving a 
                controlled substance;
                    (B) racketeering;
                    (C) money laundering; and
                    (D) any violation of State criminal law involving 
                offenses substantially similar to the offenses 
                described in the preceding paragraphs;
            (2) the term ``money laundering'' means an offense under 
        section 1956 or 1957 of title 18, United States Code; and
            (3) the term ``racketeering'' means an offense under 
        section 1951, 1952, or 1955 of title 18, United States Code.
    (c) Copy to Prosecutors.--Each clerk shall submit a copy of each 
report of cash bail described in subsection (a) to--
            (1) the office of the United States Attorney; and
            (2) the office of the local prosecuting attorney,
for the jurisdiction in which the defendant resides (and the 
jurisdiction in which the criminal offense occurred, if different).
    (d) Regulations.--The Secretary of the Treasury shall promulgate 
such regulations as are necessary to implement this section within 90 
days after the date of enactment of this Act.
    (e) Effective Date.--This section shall become effective on the 
date that is 60 days after the date of the promulgation of regulations 
under subsection (d).

SEC. 1363. AUDIT REQUIREMENT FOR STATE AND LOCAL LAW ENFORCEMENT 
              AGENCIES RECEIVING FEDERAL ASSET FORFEITURE FUNDS AND 
              REPORT TO CONGRESS ON ADMINISTRATIVE EXPENSES.

    (a) In General.--Section 524(c)(7) of title 28, United States Code, 
is amended to read as follows:
    ``(7)(A) The Fund shall be subject to annual audit by the 
Comptroller General.
    ``(B) The Attorney General shall require that any State or local 
law enforcement agency receiving funds conduct an annual audit 
detailing the uses and expenses to which the funds were dedicated and 
the amount used for each use or expense and report the results of the 
audit to the Attorney General.''.
    (b) Report to Congress.--Section 524(c)(6) of title 28, United 
States Code, is amended--
            (1) by striking ``and'' at the end of subparagraph (B);
            (2) by striking the period at the end of subparagraph (C) 
        and inserting ``, which report should also contain all annual 
        audit reports from State and local law enforcement agencies 
        required to be reported to the Attorney General under paragraph 
        (7)(B).''; and
            (3) by adding at the end the following new subparagraph:
            ``(D) a report for the fiscal year containing a description 
        of the administrative and contracting expenses paid from the 
        Fund under paragraph (1)(A).''.

SEC. 1364. DNA IDENTIFICATION.

    (a) Funding To Improve the Quality and Availability of DNA Analyses 
for Law Enforcement Identification Purposes.--
            (1) Drug control and system improvement grant program.--
        Section 501(b) of title I of the Omnibus Crime Control and Safe 
        Streets Act of 1968 (42 U.S.C. 3751(b)), as amended by section 
        531, is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (20);
                    (B) by striking the period at the end of paragraph 
                (21) and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(22) developing or improving in a forensic laboratory a 
        capability to analyze deoxyribonucleic acid (referred to in 
        this title as `DNA') for identification purposes.''.
            (2) State applications.--Section 503(a) of title I of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
        3753(a)) is amended by adding at the end the following new 
        paragraph:
            ``(12) If any part of a grant made under this part is to be 
        used to develop or improve a DNA analysis capability in a 
        forensic laboratory, a certification that--
                    ``(A) DNA analyses performed at the laboratory will 
                satisfy or exceed then current standards for a quality 
                assurance program for DNA analysis issued by the 
                Director of the Federal Bureau of Investigation under 
                section 1388(b) of the Crime Control Act of 1993;
                    ``(B) DNA samples obtained by and DNA analyses 
                performed at the laboratory will be made available 
                only--
                            ``(i) to criminal justice agencies, for law 
                        enforcement identification purposes;
                            ``(ii) for criminal defense purposes, to a 
                        defendant, who shall have access to samples and 
                        analyses performed in connection with the case 
                        in which the defendant is charged; and
                            ``(iii) to others, if personally 
                        identifiable information is removed, for a 
                        population statistics database, for 
                        identification research and protocol 
                        development purposes, or for quality control 
                        purposes; and
                    ``(C) the laboratory and each analyst performing 
                DNA analyses at the laboratory will undergo, at regular 
                intervals not exceeding 180 days, external proficiency 
                testing by a DNA proficiency testing program meeting 
                the standards issued under section 1388(b) of the Crime 
                Control Act of 1993.''.
            (3) Authorization of appropriations.--For each of the 
        fiscal years 1994, 1995, and 1996 there are authorized to be 
        appropriated such sums as are necessary for grants to the 
        States for DNA analysis.
    (b) Quality Assurance and Proficiency Testing Standards.--
            (1) Publication of quality assurance and proficiency 
        testing standards.--(A) Not later than 180 days after the date 
        of enactment of this Act, the Director of the Federal Bureau of 
        Investigation shall appoint an advisory board on DNA quality 
        assurance methods. The Director shall appoint members of the 
        board from among nominations proposed by the head of the 
        National Academy of Sciences and professional societies of 
        crime laboratory directors. The advisory board shall include as 
        members scientists from State and local forensic laboratories, 
        molecular geneticists and population geneticists not affiliated 
        with a forensic laboratory, and a representative from the 
        National Institute of Standards and Technology. The advisory 
        board shall develop, and if appropriate, periodically revise, 
        recommended standards for quality assurance, including 
        standards for testing the proficiency of forensic laboratories, 
        and forensic analysts, in conducting analyses of DNA.
            (B) The Director of the Federal Bureau of Investigation, 
        after taking into consideration such recommended standards, 
        shall issue (and revise from time to time) standards for 
        quality assurance, including standards for testing the 
        proficiency of forensic laboratories, and forensic analysts, in 
        conducting analyses of DNA.
            (C) The standards described in subparagraphs (A) and (B) 
        shall specify criteria for quality assurance and proficiency 
        tests to be applied to the various types of DNA analyses used 
        by forensic laboratories. The standards shall also include a 
        system for grading proficiency testing performance to determine 
        whether a laboratory is performing acceptably.
            (D) Until such time as the advisory board has made 
        recommendations to the Director of the Federal Bureau of 
        Investigation and the Director has acted upon those 
        recommendations, the quality assurance guidelines adopted by 
        the technical working group on DNA analysis methods shall be 
        deemed the Director's standards for purposes of this section.
            (2) Administration of the advisory board.--For 
        administrative purposes, the advisory board appointed under 
        paragraph (1) shall be considered to be an advisory board to 
        the Director of the Federal Bureau of Investigation. Section 14 
        of the Federal Advisory Committee Act (5 U.S.C. App.) shall not 
        apply with respect to the advisory board appointed under 
        subsection (a). The board shall cease to exist on the date that 
        is 5 years after the date on which initial appointments are 
        made to the board, unless the existence of the board is 
        extended by the Director of the Federal Bureau of 
        Investigation.
    (c) Index To Facilitate Law Enforcement Exchange of DNA 
Identification Information.--
            (1) In general.--The Director of the Federal Bureau of 
        Investigation may establish an index of--
                    (A) DNA identification records of persons convicted 
                of crimes;
                    (B) analyses of DNA samples recovered from crime 
                scenes; and
                    (C) analyses of DNA samples recovered from 
                unidentified human remains.
            (2) Contents.--The index established under paragraph (1) 
        shall include only information on DNA identification records 
        and DNA analyses that are--
                    (A) based on analyses performed in accordance with 
                publicly available standards that satisfy or exceed the 
                guidelines for a quality assurance program for DNA 
                analysis, issued by the Director of the Federal Bureau 
                of Investigation under section 1364(b) of the Crime 
                Control Act of 1993;
                    (B) prepared by laboratories and DNA analysts that 
                undergo, at regular intervals not exceeding 180 days, 
                external proficiency testing by a DNA proficiency 
                testing program meeting the standards issued under 
                section 1364(b) of the Crime Control Act of 1993; and
                    (C) maintained by Federal, State, and local 
                criminal justice agencies pursuant to rules that allow 
                disclosure of stored DNA samples and DNA analyses 
                only--
                            (i) to criminal justice agencies, for law 
                        enforcement identification purposes;
                            (ii) for criminal defense purposes, to a 
                        defendant, who shall have access to samples and 
                        analyses performed in connection with the case 
                        in which the defendant is charged; or
                            (iii) to others, if personally identifiable 
                        information is removed, for a population 
                        statistics database, for identification 
                        research and protocol development purposes, or 
                        for quality control purposes.
            (3) Failure to meet requirements.--The exchange of records 
        authorized by this subsection is subject to cancellation if the 
        quality control and privacy requirements described in paragraph 
        (2) are not met.
    (d) Federal Bureau of Investigation.--
            (1) Proficiency testing requirements.--(A) Personnel at the 
        Federal Bureau of Investigation who perform DNA analyses shall 
        undergo, at regular intervals not exceeding 180 days, external 
        proficiency testing by a DNA proficiency testing program 
        meeting the standards issued under subsection (b). Not later 
        than 1 year after the date of enactment of this Act, the 
        Director of the Federal Bureau of Investigation shall arrange 
        for periodic blind external tests to determine the proficiency 
        of DNA analysis performed at the Federal Bureau of 
        Investigation laboratory. As used in this subparagraph, the 
        term ``blind external test'' means a test that is presented to 
        the laboratory through a second agency and appears to the 
        analysts to involve routine evidence.
            (B) For each of the 5 years following the date of enactment 
        of this Act, the Director of the Federal Bureau of 
        Investigation shall submit to the Committee on the Judiciary of 
        the House of Representatives and the Committee on the Judiciary 
        of the Senate an annual report on the results of each of the 
        tests described in subparagraph (A).
            (2) Privacy protection standards.--(A) Except as provided 
        in subparagraph (B), the results of DNA tests performed for a 
        Federal law enforcement agency for law enforcement purposes may 
        be disclosed only--
                    (i) to criminal justice agencies for law 
                enforcement identification purposes; or
                    (ii) for criminal defense purposes, to a defendant, 
                who shall have access to samples and analyses performed 
                in connection with the case in which the defendant is 
                charged.
            (B) If personally identifiable information is removed, test 
        results may be disclosed for a population statistics database, 
        for identification research and protocol development purposes, 
        or for quality control purposes.
            (3) Criminal penalties.--(A) Whoever--
                    (i) by virtue of employment or official position, 
                has possession of, or access to, individually 
                identifiable DNA information indexed in a database 
                created or maintained by any Federal law enforcement 
                agency; and
                    (ii) willfully discloses such information in any 
                manner to any person or agency not entitled to receive 
                it,
        shall be fined not more than $100,000.
            (B) Whoever, without authorization, willfully obtains DNA 
        samples or individually identifiable DNA information indexed in 
        a database created or maintained by any Federal law enforcement 
        agency shall be fined not more than $100,000.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Federal Bureau of Investigation $2,000,000 for each 
of fiscal years 1994, 1995, and 1996 to carry out subsections (b), (c), 
and (d).

SEC. 1365. SAFE SCHOOLS.

    (a) In General.--Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 
1062(a), is amended--
            (1) by redesignating part S as part T;
            (2) by redesignating section 1901 as section 2001; and
            (3) by inserting after part R the following new part:

                   ``PART S--SAFE SCHOOLS ASSISTANCE

``SEC. 1901. GRANT AUTHORIZATION.

    ``(a) In General.--The Director of the Bureau of Justice 
Assistance, in consultation with the Secretary of Education, may make 
grants to local educational agencies in urban, suburban, and rural 
areas for the purpose of providing assistance to such agencies most 
directly affected by crime and violence.
    ``(b) Model Project.--The Director, in consultation with the 
Secretary of Education, shall develop a written safe schools model in a 
timely fashion and make such model available to any local educational 
agency that requests such information.

``SEC. 1902. USE OF FUNDS.

    ``Grants made by the Director under this part shall be used--
            ``(1) to fund anticrime and safety measures and to develop 
        education and training programs for the prevention of crime, 
        violence, and illegal drugs and alcohol;
            ``(2) for counseling programs for victims of crime within 
        schools;
            ``(3) for crime prevention equipment, including metal 
        detectors and video-surveillance devices; and
            ``(4) for the prevention and reduction of the participation 
        of young individuals in organized crime and drug and gang-
        related activities in schools.

``SEC. 1903. APPLICATIONS.

    ``(a) In General.--In order to be eligible to receive a grant under 
this part for any fiscal year, a local educational agency shall submit 
an application to the Director in such form and containing such 
information as the Director may reasonably require.
    ``(b) Requirements.--An application under subsection (a) shall 
include--
            ``(1) a request for funds for the purposes described in 
        section 1902;
            ``(2) a description of the schools and communities to be 
        served by the grant, including the nature of the crime and 
        violence problems within such schools;
            ``(3) assurances that Federal funds received under this 
        part shall be used to supplement, not supplant, non-Federal 
        funds that would otherwise be available for activities funded 
        under this part; and
            ``(4) statistical information in such form and containing 
        such information that the Director may require regarding crime 
        within the schools served by such local educational agency.
    ``(c) Comprehensive Plan.--An application under subsection (a) 
shall include a comprehensive plan that shall contain--
            ``(1) a description of the crime problems within the 
        schools targeted for assistance;
            ``(2) a description of the projects to be developed;
            ``(3) a description of the resources available in the 
        community to implement the plan together with a description of 
        the gaps in the plan that cannot be filled with existing 
        resources;
            ``(4) an explanation of how the requested grant will be 
        used to fill gaps; and
            ``(5) a description of the system the applicant will 
        establish to prevent and reduce crime problems.

``SEC. 1904. ALLOCATION OF FUNDS; LIMITATIONS ON GRANTS.

    ``(a) Administrative Cost Limitation.--The Director shall use not 
more than 5 percent of the funds available under this part for the 
purposes of administration and technical assistance.
    ``(b) Renewal of Grants.--A grant under this part may be renewed 
for up to 2 additional years after the first fiscal year during which 
the recipient receives its initial grant under this part, subject to 
the availability of funds, if--
            ``(1) the Director determines that the funds made available 
        to the recipient during the previous year were used in a manner 
        required under the approved application; and
            ``(2) the Director determines that an additional grant is 
        necessary to implement the crime prevention program described 
        in the comprehensive plan as required by section 1903(c).
    ``(c) Rural Areas.--The Director shall use not less than 15 percent 
of the funds available under this part for grants to local educational 
agencies in rural areas.

``SEC. 1905. AWARD OF GRANTS.

    ``(a) Selection of Recipients.--The Director, in consultation with 
the Secretary of Education, shall consider the following factors in 
awarding grants to local educational agencies:
            ``(1) Crime problem.--The nature and scope of the crime 
        problem in the targeted schools.
            ``(2) Need and ability.--Demonstrated need and evidence of 
        the ability to provide the services described in the plan 
        required under section 1903(c).
            ``(3) Population.--The number of students to be served by 
        the plan required under section 1903(c).
    ``(b) Geographic Distribution.--The Director shall achieve an 
equitable geographic distribution of grant awards.

``SEC. 1906. REPORTS.

    ``(a) Report to Director.--Local educational agencies that receive 
funds under this part shall submit to the Director a report not later 
than March 1 of each year that describes progress achieved in carrying 
out the plan required under section 1803(c).
    ``(b) Report to Congress.--The Director shall submit to the 
Congress a report by October 1 of each year in which grants are made 
available under this part, which report shall contain--
            ``(1) a detailed statement regarding grant awards and 
        activities of grant recipients;
            ``(2) a compilation of statistical information submitted by 
        applicants under section 1903(b)(4); and
            ``(3) an evaluation of programs established under this 
        part.

``SEC. 1907. DEFINITIONS.

    ``For the purpose of this part:
            ``(1) The term `Director' means the Director of the Bureau 
        of Justice Assistance.
            ``(2) The term `local educational agency' means a public 
        board of education or other public authority legally 
        constituted within a State for either administrative control or 
        direction of, or to perform a service function for, public 
        elementary and secondary schools in a city, county, township, 
        school district, or other political subdivision of a State, or 
        such combination of school districts of counties as are 
        recognized in a State as an administrative agency for its 
        public elementary and secondary schools. Such term includes any 
        other public institution or agency having administrative 
        control and direction of a public elementary or secondary 
        school.''.
    (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.), as amended by section 1062(b), is amended by striking the matter 
relating to part V and inserting the following:

                   ``Part S--Safe Schools Assistance

``Sec. 1901. Grant authorization.
``Sec. 1902. Use of funds.
``Sec. 1903. Applications.
``Sec. 1904. Allocation of funds; limitations on grants.
``Sec. 1905. Award of grants.
``Sec. 1906. Reports.
``Sec. 1907. Definitions.
             ``Part T--Transition; Effective Date; Repealer

``Sec. 1901. Continuation of rules, authorities, and proceedings.''.
    (c) Authorization of Appropriations.--Section 1001(a) of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)), 
as amended by section 1062(c), is amended--
            (1) in paragraph (3) by striking ``and R'' and inserting 
        ``R, and S''; and
            (2) by adding at the end the following new paragraph:
    ``(13) There are authorized to be appropriated $100,000,000 for 
fiscal year 1994 to carry out projects under part S.''.

                    TITLE XIV--TECHNICAL CORRECTIONS

SEC. 1401. AMENDMENTS RELATING TO FEDERAL FINANCIAL ASSISTANCE FOR LAW 
              ENFORCEMENT.

    (a) Testing of Certain Sex Offenders for Human Immune Deficiency 
Virus.--Section 506 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3756) is amended--
            (1) in subsection (a) by striking ``Of'' and inserting 
        ``Subject to subsection (f), of'';
            (2) in subsection (c) by striking ``subsections (b) and 
        (c)'' and inserting ``subsection (b)'';
            (3) in subsection (e) by striking ``or (e)'' and inserting 
        ``or (f)''; and
            (4) in subsection (f)(1)--
                    (A) in subparagraph (A)--
                            (i) by striking ``, taking into 
                        consideration subsection (e) but''; and
                            (ii) by striking ``this subsection,'' and 
                        inserting ``this subsection''; and
                    (B) in subparagraph (B) by striking ``amount'' and 
                inserting ``funds''.
    (b) Correctional Options Grants.--(1) Section 515(b) of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3762a(b)) is amended--
            (A) by striking ``subsection (a)(1) and (2)'' and inserting 
        ``subsection (a) (1) and (2)''; and
            (B) in paragraph (2) by striking ``States'' and inserting 
        ``public agencies''.
    (2) Section 516 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3762b) is amended--
            (A) in subsection (a) by striking ``for section'' each 
        place it appears and inserting ``shall be used to make grants 
        under section''; and
            (B) in subsection (b) by striking ``section 515(a)(1) or 
        (a)(3)'' and inserting ``section 515(a) (1) or (3)''.
    (3) Section 1001(a)(5) of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3793(a)(5)), as amended by section 
1002, is amended by inserting ``(other than chapter B of subpart 2)'' 
after ``and E''.
    (c) Denial or Termination of Grant.--Section 802(b) of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3783(b)) is amended by striking ``M,,'' and inserting ``M,''.
    (d) Definitions.--Section 901(a)(21) of title I of the Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3791(21)) is amended by 
adding a semicolon at the end.
    (e) 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(a)) is amended--
            (1) in paragraph (3) by striking ``and N'' and inserting 
        ``N, and O'';
            (2) by redesignating paragraph (6), relating to part N of 
        title I of the Omnibus Crime Control and Safe Streets Act of 
        1968, as paragraph (8) and removing it to follow paragraph (7), 
        relating to part M of that title I; and
            (3) by redesignating paragraph (7), relating to part O of 
        that title, as paragraph (9).
    (f) Public Safety Officers Disability Benefits.--Title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 is amended--
            (1) in section 1201 (42 U.S.C. 3796)--
                    (A) in subsection (a) by striking ``subsection 
                (g)'' and inserting ``subsection (h),''; and
                    (B) in subsection (b)--
                            (i) by striking ``subsection (g)'' and 
                        inserting ``subsection (h)'';
                            (ii) by striking ``personal''; and
                            (iii) in the first proviso by striking 
                        ``section'' and inserting ``subsection''; and
            (2) in section 1204(3) (42 U.S.C. 3796b(3)) by striking 
        ``who was responding to a fire, rescue or police emergency''.
    (g) Headings.--(1) The heading for part M of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797) is amended 
to read as follows:

           ``PART M--REGIONAL INFORMATION SHARING SYSTEMS''.

    (2) The heading for part O of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3796bb) is amended to read as 
follows:

                  ``PART O--RURAL DRUG ENFORCEMENT''.

    (h) Table of Contents.--The table of contents of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 is amended--
            (1) in the item relating to section 501 by striking ``Drug 
        Control and System Improvement Grant'' and inserting ``drug 
        control and system improvement grant'';
            (2) in the item relating to section 1403 by striking 
        ``Application'' and inserting ``Applications''; and
            (3) in the items relating to part O by redesignating 
        sections 1401 and 1402 as sections 1501 and 1502, respectively.
    (i) Other Technical Amendments.--Title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 is amended--
            (1) in section 202(c)(2)(E) (42 U.S.C. 3722(c)(2)(E)) by 
        striking ``crime,,'' and inserting ``crime,'';
            (2) in section 302(c)(19) (42 U.S.C. 3732(c)) by striking 
        the period at the end and inserting a semicolon;
            (3) in section 602(a)(1) (42 U.S.C. 3769a(a)(1)) by 
        striking ``chapter 315'' and inserting ``chapter 319'';
            (4) in section 603(a)(6) (42 U.S.C. 3769b(a)(6)) by 
        striking ``605'' and inserting ``606'';
            (5) in section 605 (42 U.S.C. 3769c) by striking ``this 
        section'' and inserting ``this part'';
            (6) in section 606(b) (42 U.S.C. 3769d(b)) by striking 
        ``and Statistics'' and inserting ``Statistics'';
            (7) in section 801(b) (42 U.S.C. 3782(b))--
                    (A) by striking ``parts D,'' and inserting 
                ``parts'';
                    (B) by striking ``part D'' each place it appears 
                and inserting ``subpart 1 of part E'';
                    (C) by striking ``403(a)'' and inserting ``501''; 
                and
                    (D) by striking ``403'' and inserting ``503'';
            (8) in the first sentence of section 802(b) (42 U.S.C. 
        3783(b)) by striking ``part D,'' and inserting ``subpart 1 of 
        part E or under part'';
            (9) in the second sentence of section 804(b) (42 U.S.C. 
        3785(b)) by striking ``Prevention or'' and inserting 
        ``Prevention, or'';
            (10) in section 808 (42 U.S.C. 3789) by striking ``408, 
        1308,'' and inserting ``507'';
            (11) in section 809(c)(2)(H) (42 U.S.C. 3789d(c)(2)(H)) by 
        striking ``805'' and inserting ``804'';
            (12) in section 811(e) (42 U.S.C. 3789f(e)) by striking 
        ``Law Enforcement Assistance Administration'' and inserting 
        ``Bureau of Justice Assistance'';
            (13) in section 901(a)(3) (42 U.S.C. 3791(a)(3)) by 
        striking ``and,'' and inserting ``, and''; and
            (14) in section 1001(c) (42 U.S.C. 3793(c)) by striking 
        ``parts'' and inserting ``part''.
    (j) Conforming Amendment to Other Law.--Section 4351(b) of title 
18, United States Code, is amended by striking ``Administrator of the 
Law Enforcement Assistance Administration'' and inserting ``Director of 
the Bureau of Justice Assistance''.

SEC. 1402. GENERAL TITLE 18 CORRECTIONS.

    (a) Section 1031.--Section 1031 of title 18, United States Code, is 
amended--
            (1) by redesignating subsection (g), as added by Public Law 
        101-123, as subsection (h) and removing it to the end of the 
        section; and
            (2) in subsection (h), as redesignated by paragraph (1), by 
        striking ``a government'' and inserting ``a Government''.
    (b) Section 208.--Section 208(c)(1) of title 18, United States 
Code, is amended by striking ``Banks'' and inserting ``banks''.
    (c) Section 1007.--The heading for section 1007 of title 18, United 
States Code, is amended by striking ``Transactions'' and inserting 
``transactions''.
    (d) Section 1014.--Section 1014 of title 18, United States Code, is 
amended by striking the comma that follows a comma.
    (e) Elimination of Obsolete Cross Reference.--Section 3293(1) of 
title 18, United States Code, is amended by striking ``1008,''.
    (f) Part I Part Analysis.--The item relating to chapter 33 in the 
part analysis for part I of title 18, United States Code, is amended by 
striking ``701'' and inserting ``700''.

SEC. 1403. CORRECTIONS OF ERRONEOUS CROSS REFERENCES AND 
              MISDESIGNATIONS.

    (a) Contraband in Prison.--Section 1791(b) of title 18, United 
States Code, is amended by striking ``(c)'' each place it appears and 
inserting ``(d)''.
    (b) Money Laundering.--Section 1956(c)(7)(D) of title 18, United 
States Code, is amended by striking ``section 1822 of the Mail Order 
Drug Paraphernalia Control Act (100 Stat. 3207-51; 21 U.S.C. 857)'' and 
inserting ``section 422 of the Controlled Substances Act (21 U.S.C. 
863)''.
    (c) Requirements for Governmental Access.--Section 2703(d) of title 
18, United States Code, is amended by striking ``section 3126(2)(A)'' 
and inserting ``section 3127(2)(A)''.
    (d) Programs Receiving Federal Funds.--Section 666(d) of title 18, 
United States Code, is amended--
            (1) by redesignating the second paragraph (4) as paragraph 
        (5);
            (2) by striking ``and'' at the end of paragraph (3); and
            (3) by striking the period at the end of paragraph (4) and 
        inserting ``; and''.
    (e) Offenders With Mental Disease or Defect.--Section 4247(h) of 
title 18, United States Code, is amended by striking ``subsection (e) 
of section 4241, 4243, 4244, 4245, or 4246,'' and inserting ``section 
4241(e), 4243(f), 4244(e), 4245(e), or 4246(e),''.
    (f) Continuing Criminal Enterprises.--Section 408(b)(2)(A) of the 
Controlled Substances Act (21 U.S.C. 848(b)(2)(A)) is amended by 
striking ``subsection (d)(1)'' and inserting ``subsection (c)(1)''.
    (g) Sentencing Commission.--Section 994(h) of title 28, United 
States Code, is amended by striking ``section 1 of the Act of September 
15, 1980 (21 U.S.C. 955a)'' each place it appears and inserting ``the 
Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.)''.
    (h) Firearms.--Section 924(e)(2)(A)(i) of title 18, United States 
Code, is amended by striking ``the first section or section 3 of Public 
Law 96-350 (21 U.S.C. 955a et seq.)'' and inserting ``the Maritime Drug 
Law Enforcement Act (46 U.S.C. App. 1901 et seq.)''.
    (i) Erroneous Citation in Crime Control Act of 1990.--Section 
2596(d) of the Crime Control Act of 1990 (104 Stat. 4908) is amended, 
effective as of the date of enactment of that Act, by striking 
``951(c)(1)'' and inserting ``951(c)(2)''.

SEC. 1404. OBSOLETE PROVISIONS IN TITLE 18.

    Title 18, United States Code, is amended--
            (1) in section 212 by striking ``or of any National 
        Agricultural Credit Corporation,'' and by striking ``or 
        National Agricultural Credit Corporations,'';
            (2) in section 213 by striking ``or examiner of National 
        Agricultural Credit Corporations'';
            (3) in section 709 by striking the seventh and thirteenth 
        paragraphs;
            (4) in section 711 by striking the second paragraph;
            (5) by striking section 754 and amending the chapter 
        analysis for chapter 35 by striking the item relating to 
        section 754;
            (6) in sections 657 and 1006 by striking ``Reconstruction 
        Finance Corporation,'' and by striking ``Farmers' Home 
        Corporation,'';
            (7) in section 658 by striking ``Farmers' Home 
        Corporation,'';
            (8) in section 1013 by striking ``, or by any National 
        Agricultural Credit Corporation'';
            (9) in section 1160 by striking ``white person'' and 
        inserting ``non-Indian'';
            (10) in section 1698 by striking the second paragraph;
            (11) by striking sections 1904 and 1908 and amending the 
        chapter analysis for chapter 93 by striking the items relating 
        to those sections;
            (12) in section 1909 by inserting ``or'' before ``farm 
        credit examiner'' and by striking ``or an examiner of National 
        Agricultural Credit Corporations,'';
            (13) by striking sections 2157 and 2391 and amending the 
        chapter analyses for chapters 105 and 115, respectively, by 
        striking the items relating to those sections;
            (14) in section 2257 by striking subsections (f) and (g) 
        that were enacted by Public Law 100-690 (102 Stat. 4488);
            (15) in section 3113 by striking the third paragraph; and
            (16) in section 3281 by striking ``except for offenses 
        barred by the provisions of law existing on August 4, 1939''.

SEC. 1405. CORRECTION OF DRAFTING ERROR IN THE FOREIGN CORRUPT 
              PRACTICES ACT.

    Section 104(a)(3) of the Foreign Corrupt Practices Act of 1977 (15 
U.S.C. 78dd-2(a)(3)) is amended by striking ``issuer'' and inserting 
``domestic concern''.

SEC. 1406. ELIMINATION OF REDUNDANT PENALTY.

    Section 1864(c) of title 18, United States Code, is amended by 
striking ``(b) (3), (4), or (5)'' and inserting ``(b)(5)''.

SEC. 1407. CORRECTIONS OF MISSPELLINGS AND GRAMMATICAL ERRORS.

    Title 18, United States Code, is amended--
            (1) in section 513(c)(4) by striking ``association or 
        persons'' and inserting ``association of persons'';
            (2) in section 1956(e) by striking ``Evironmental'' and 
        inserting ``Environmental'';
            (3) in section 3125--
                    (A) in subsection (a)(2) by striking the quotation 
                marks; and
                    (B) in subsection (d) by striking ``provider for'' 
                and inserting ``provider of''; and
            (4) in section 3731, in the second undesignated paragraph, 
        by striking ``order of a district courts'' and inserting 
        ``order of a district court''.

               TITLE XV--FEDERAL LAW ENFORCEMENT AGENCIES

SEC. 1501. SHORT TITLE.

    This title may be cited as the ``Federal Law Enforcement Act of 
1993''.

SEC. 1502. AUTHORIZATION OF APPROPRIATIONS FOR FEDERAL LAW ENFORCEMENT 
              AGENCIES.

    There is authorized to be appropriated $333,500,000 for fiscal year 
1994 (which shall be in addition to any other appropriations) to be 
allocated as follows:
            (1) For the Drug Enforcement Administration, $100,500,000, 
        which shall include--
                    (A) not to exceed $45,000,000 to hire, equip, and 
                train not less than 350 agents and necessary support 
                personnel to expand DEA investigations and operations 
                against drug trafficking organizations in rural areas; 
                and
                    (B) not to exceed $25,000,000 to expand DEA State 
                and Local Task Forces, including payment of State and 
                local overtime, equipment, and personnel costs.
            (2) For the Federal Bureau of Investigation, $98,000,000, 
        for the hiring of additional agents and support personnel, 
        which shall include not more than $35,000,000 for the purpose 
        of hiring, equipping, and training not less than 250 agents and 
        necessary support personnel to expand investigations and 
        operations by the Federal Bureau of Investigation in rural 
        areas.
            (3) For the Immigration and Naturalization Service, 
        $45,000,000, to be further allocated as follows:
                    (A) $25,000,000 to hire, train, and equip no fewer 
                than 500 full-time equivalent Border Patrol officer 
                positions.
                    (B) $20,000,000 to hire, train, and equip no fewer 
                than 400 full-time equivalent INS criminal 
                investigators dedicated to drug trafficking by illegal 
                aliens and to deportations of criminal aliens.
            (4) For the United States attorneys, $45,000,000 to hire 
        and train not less than 350 additional prosecutors and support 
        personnel dedicated to the prosecution of drug trafficking and 
        related offenses.
            (5) For the United States Marshals Service, $10,000,000.
            (6) For the Bureau of Alcohol, Tobacco, and Firearms, 
        $15,000,000 to hire, equip, and train not less than 100 special 
        agents and support personnel to investigate firearms violations 
        committed by drug trafficking organizations, particularly 
        violent gangs.
            (7) For the United States courts, $20,000,000 for 
        additional magistrates, probation officers, other personnel, 
        and equipment to address the case-load generated by the 
        additional investigative and prosecutorial resources provided 
        in this title.

                       TITLE XVI--FEDERAL PRISONS

SEC. 1601. AUTHORIZATION OF APPROPRIATIONS FOR NEW PRISON CONSTRUCTION.

    There is authorized to be appropriated for fiscal year 1993 to the 
buildings and facilities account, Federal Prison System, Department of 
Justice, $500,000,000 for the planning of, acquisition of sites for, 
and the construction of new penal and correctional facilities, such 
appropriations to be in addition to any appropriations provided in 
regular appropriations Acts or continuing resolutions for that fiscal 
year.

                  TITLE XVII--PRE-TRIAL INTERROGATION

    Sec. 1701. It is the sense of the Congress that the Attorney 
General shall instruct all United States Attorneys, and implement 
policies consistent therewith, that confessions obtained in conformity 
with section 3501 of title 18, United States Code will be offered into 
evidence.

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