[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1495 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                S. 1495

               To control crime, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 21, 1995

    Mr. Kyl (for himself, Mr. Hatch, and Mr. DeWine) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
               To control crime, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Crime Prevention 
Act of 1995''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                   TITLE I--PRISON LITIGATION REFORM

Sec. 101. Amendments to Civil Rights of Institutionalized Persons Act.
Sec. 102. Proceedings in forma pauperis.
Sec. 103. Judicial screening.
Sec. 104. Federal tort claims.
Sec. 105. Payment of damage award in satisfaction of pending 
                            restitution orders.
Sec. 106. Notice to crime victims of pending damage award.
Sec. 107. Earned release credit or good time credit revocation.
                           TITLE II--PRISONS

Sec. 201. Special masters in actions with respect to prison conditions.
                TITLE III--EQUAL PROTECTION FOR VICTIMS

Sec. 301. Right of the victim to an impartial jury.
Sec. 302. Rebuttal of attacks on the victim's character.
Sec. 303. Victim's right of allocution in sentencing.
Sec. 304. Right of the victim to fair treatment in legal proceedings.
Sec. 305. Use of notice concerning release of offender.
Sec. 306. Balance in the composition of rules committees.
                      TITLE IV--DOMESTIC VIOLENCE

Sec. 401. Death penalty for fatal domestic violence offenses.
Sec. 402. Evidence of defendant's disposition toward victim in domestic 
                            violence cases and other cases.
Sec. 403. Battered women's syndrome evidence.
Sec. 404. HIV testing of defendants in sexual assault cases.
                           TITLE V--FIREARMS

Sec. 501. Mandatory minimum sentences for criminals using firearms.
Sec. 502. Firearms possession by violent felons and serious drug 
                            offenders.
Sec. 503. Use of firearms in connection with counterfeiting or forgery.
Sec. 504. Possession of an explosive during the commission of a felony.
Sec. 505. Second offense of using an explosive to commit a felony.
                      TITLE VI--EXCLUSIONARY RULE

Sec. 601. Admissibility of certain evidence.
                    TITLE VII--FEDERAL DEATH PENALTY

Sec. 701. Strengthening of Federal death penalty standards and 
                            procedures.
Sec. 702. Murder of witness as aggravating factor.
Sec. 703. Safeguards against delay in the execution of capital 
                            sentences in Federal cases.
Sec. 704. Death penalty for murders committed with firearms.
Sec. 705. Death penalty for murders committed in the District of 
                            Columbia.
                       TITLE VIII--HABEAS CORPUS

Sec. 801. Stopping abuse of Federal collateral remedies.
           TITLE IX--CRIMINAL ALIEN DEPORTATION IMPROVEMENTS

Sec. 901. Additional expansion of definition of aggravated felony.
Sec. 902. Deportation procedures for certain criminal aliens who are 
                            not permanent residents.
Sec. 903. Restricting the defense to exclusion based on 7 years 
                            permanent residence for certain criminal 
                            aliens.
Sec. 904. Limitation on collateral attacks on underlying deportation 
                            order.
Sec. 905. Criminal alien identification system.
Sec. 906. Wiretap authority for alien smuggling investigations.
Sec. 907. Expansion of criteria for deportation for crimes of moral 
                            turpitude.
Sec. 908. Study of Prisoner Transfer Treaty with Mexico.
Sec. 909. Justice Department assistance in bringing to justice aliens 
                            who flee prosecution for crimes in the 
                            United States.
Sec. 910. Prisoner transfer treaties.
Sec. 911. Interior repatriation program.
Sec. 912. Deportation of nonviolent offenders prior to completion of 
                            sentence of imprisonment.
                  TITLE X--GANGS, JUVENILES, AND DRUGS

Sec. 1001. Criminal street gangs offenses.
Sec. 1002. Serious juvenile drug offenses as armed career criminal act 
                            predicates.
Sec. 1003. Adult prosecution of serious juvenile offenders.
Sec. 1004. Increased penalties for recidivists committing drug crimes 
                            involving minors.
Sec. 1005. Amendments concerning records of crimes committed by 
                            juveniles.
Sec. 1006. Drive-by shootings.
Sec. 1007. Steroids offense.
Sec. 1008. Drug testing of Federal offenders.
                      TITLE XI--PUBLIC CORRUPTION

Sec. 1101. Strengthening of Federal anti-corruption statutes generally.
Sec. 1102. Interstate commerce.
Sec. 1103. Narcotics-related public corruption.
                   TITLE XII--ADMINISTRATIVE SUBPOENA

Sec. 1201. Authorization for United States Secret Service to issue and 
                            serve administrative summonses.
                      TITLE XIII--COMPUTER CRIMES

Sec. 1301. Protection of classified Government information.
Sec. 1302. Protection of financial, Government, and other computer 
                            information.
Sec. 1303. Protection for Government computer systems.
Sec. 1304. Increased penalties for significant unauthorized use of a 
                            computer system.
Sec. 1305. Protection from damage to computer systems.
Sec. 1306. Protection from threats directed against computer systems.
Sec. 1307. Increased penalties for recidivists and other sentencing 
                            changes.
Sec. 1308. Civil actions.
Sec. 1309. Mandatory reporting.
Sec. 1310. Sentencing for fraud and related activity in connection with 
                            computers.
Sec. 1311. Asset forfeiture for fraud and related activity in 
                            connection with computers.
                  TITLE XIV--COMPUTER SOFTWARE PIRACY

Sec. 1401. Amendment of title 17.
Sec. 1402. Amendment of title 18.
                      TITLE XV--INTERNET GAMBLING

Sec. 1501. Amendment of title 18 with respect to transmission of 
                            wagering information.
Sec. 1502. Sentencing guidelines.
Sec. 1503. Report.

                   TITLE I--PRISON LITIGATION REFORM

SEC. 101. AMENDMENTS TO CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS ACT.

    (a) Initiation of Civil Actions.--Section 3(c) of the Civil Rights 
of Institutionalized Persons Act (42 U.S.C. 1997a(c)) (referred to in 
this section as the ``Act'') is amended to read as follows:
    ``(c) The Attorney General shall personally sign any complaint 
filed pursuant to this section.''.
    (b) Certification Requirements.--Section 4 of the Act (42 U.S.C. 
1997b) is amended--
            (1) in subsection (a)--
                    (A) by striking ``he'' each place it appears and 
                inserting ``the Attorney General''; and
                    (B) by striking ``his'' and inserting ``the 
                Attorney General's''; and
            (2) by amending subsection (b) to read as follows:
    ``(b) The Attorney General shall personally sign any certification 
made pursuant to this section.''.
    (c) Intervention in Actions.--Section 5 of the Act (42 U.S.C. 
1997c) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by striking ``he'' each place 
                it appears and inserting ``the Attorney General''; and
                    (B) by amending paragraph (2) to read as follows:
    ``(2) The Attorney General shall personally sign any certification 
made pursuant to this section.''; and
            (2) by amending subsection (c) to read as follows:
    ``(c) The Attorney General shall personally sign any motion to 
intervene made pursuant to this section.''.
    (d) Suits by Prisoners.--Section 7 of the Act (42 U.S.C. 1997e) is 
amended to read as follows:

``SEC. 7. SUITS BY PRISONERS.

    ``(a) Applicability of Administrative Remedies.--No action shall be 
brought with respect to prison conditions under section 1979 of the 
Revised Statutes of the United States (42 U.S.C. 1983), or any other 
Federal law, by a prisoner confined in any jail, prison, or other 
correctional facility until such administrative remedies as are 
available are exhausted.
    ``(b) Failure of State To Adopt or Adhere to Administrative 
Grievance Procedure.--The failure of a State to adopt or adhere to an 
administrative grievance procedure shall not constitute the basis for 
an action under section 3 or 5 of this Act.
    ``(c) Dismissal.--(1) The court shall on its own motion or on the 
motion of a party dismiss any action brought with respect to prison 
conditions under section 1979 of the Revised Statutes of the United 
States (42 U.S.C. 1983), or any other Federal law, by a prisoner 
confined in any jail, prison, or other correctional facility if the 
court is satisfied that the action is frivolous, malicious, fails to 
state a claim upon which relief can be granted, or seeks monetary 
relief from a defendant who is immune from such relief.
    ``(2) In the event that a claim is, on its face, frivolous, 
malicious, fails to state a claim upon which relief can be granted, or 
seeks monetary relief from a defendant who is immune from such relief, 
the court may dismiss the underlying claim without first requiring the 
exhaustion of administrative remedies.
    ``(d) Limitation on Recovery.--No Federal civil action may be 
brought by a prisoner confined in a jail, prison, or other correctional 
facility, for mental or emotional injury suffered while in custody 
without a prior showing of physical injury.
    ``(e) Hearings.--(1) To the extent practicable, in any action 
brought with respect to prison conditions in Federal court pursuant to 
section 1979 of the Revised Statutes of the United States (42 U.S.C. 
1983), or any other Federal law, by a prisoner confined in any jail, 
prison, or other correctional facility, pretrial proceedings in which 
the prisoner's participation is required or permitted shall be 
conducted by telephone, video conference, or other telecommunications 
technology without removing the prisoner from the facility in which the 
prisoner is confined.
    ``(2) Subject to the agreement of the official of the Federal, 
State, or local unit of government with custody over the prisoner, 
hearings may be conducted at the facility in which the prisoner is 
confined. To the extent practicable, the court shall allow counsel to 
participate by telephone, video conference, or other communications 
technology in any hearing held at the facility.
    ``(f) Waiver of Reply.--(1) Any defendant may waive the right to 
reply to any action brought by a prisoner confined in any jail, prison, 
or other correctional facility under section 1979 of the Revised 
Statutes of the United States (42 U.S.C. 1983) or any other Federal 
law. Notwithstanding any other law or rule of procedure, such waiver 
shall not constitute an admission of the allegations contained in the 
complaint. No relief shall be granted to the plaintiff unless a reply 
has been filed.
    ``(2) The court may require any defendant to reply to a complaint 
brought under this section if it finds that the plaintiff has a 
reasonable opportunity to prevail on the merits.
    ``(g) Definition.--As used in this section, the term `prisoner' 
means any person incarcerated or detained in any facility who is 
accused of, convicted of, sentenced for, or adjudicated delinquent for, 
violations of criminal law or the terms and conditions of parole, 
probation, pretrial release, or diversionary program.''.
    (e) Report to Congress.--Section 8 of the Act (42 U.S.C. 1997f) is 
amended by striking ``his report'' and inserting ``the report''.
    (f) Notice to Federal Departments.--Section 10 of the Act (42 
U.S.C. 1997h) is amended--
            (1) by striking ``his action'' and inserting ``the 
        action''; and
            (2) by striking ``he is satisfied'' and inserting ``the 
        Attorney General is satisfied''.

SEC. 102. PROCEEDINGS IN FORMA PAUPERIS.

    (a) Filing Fees.--Section 1915 of title 28, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) by striking ``(a) Any'' and inserting ``(a)(1) 
                Subject to subsection (b), any'';
                    (B) by striking ``and costs'';
                    (C) by striking ``makes affidavit'' and inserting 
                ``submits an affidavit that includes a statement of all 
                assets such prisoner possesses'';
                    (D) by striking ``such costs'' and inserting ``such 
                fees'';
                    (E) by striking ``he'' each place it appears and 
                inserting ``the person'';
                    (F) by adding immediately after paragraph (1), the 
                following new paragraph:
    ``(2) A prisoner seeking to bring a civil action or appeal a 
judgment in a civil action or proceeding without prepayment of fees or 
security therefor, in addition to filing the affidavit filed under 
paragraph (1), shall submit a certified copy of the trust fund account 
statement (or institutional equivalent) for the prisoner for the 6-
month period immediately preceding the filing of the complaint or 
notice of appeal, obtained from the appropriate official of each prison 
at which the prisoner is or was confined.''; and
                    (G) by striking ``An appeal'' and inserting ``(3) 
                An appeal'';
            (2) by redesignating subsections (b), (c), (d), and (e) as 
        subsections (c), (d), (e), and (f), respectively;
            (3) by inserting after subsection (a) the following new 
        subsection:
    ``(b)(1) Notwithstanding subsection (a), if a prisoner brings a 
civil action or files an appeal in forma pauperis, the prisoner shall 
be required to pay the full amount of a filing fee. The court shall 
assess and, when funds exist, collect, as a partial payment of any 
court fees required by law, an initial partial filing fee of 20 percent 
of the greater of--
            ``(A) the average monthly deposits to the prisoner's 
        account; or
            ``(B) the average monthly balance in the prisoner's account 
        for the 6-month period immediately preceding the filing of the 
        complaint or notice of appeal.
    ``(2) After payment of the initial partial filing fee, the prisoner 
shall be required to make monthly payments of 20 percent of the 
preceding month's income credited to the prisoner's account. The agency 
having custody of the prisoner shall forward payments from the 
prisoner's account to the clerk of the court each time the amount in 
the account exceeds $10 until the filing fees are paid.
    ``(3) In no event shall the filing fee collected exceed the amount 
of fees permitted by statute for the commencement of a civil action or 
an appeal of a civil action or criminal judgment.
    ``(4) In no event shall a prisoner be prohibited from bringing a 
civil action or appealing a civil or criminal judgment for the reason 
that the prisoner has no assets and no means by which to pay the 
initial partial filing fee.'';
            (4) in subsection (c), as redesignated by paragraph (2), by 
        striking ``subsection (a) of this section'' and inserting 
        ``subsections (a) and (b) and the prepayment of any partial 
        filing fee as may be required under subsection (b)''; and
            (5) by amending subsection (e), as redesignated by 
        paragraph (2), to read as follows:
    ``(e)(1) The court may request an attorney to represent any person 
unable to afford counsel.
    ``(2) Notwithstanding any filing fee, or any portion thereof, that 
may have been paid, the court shall dismiss the case at any time if the 
court determines that--
            ``(A) the allegation of poverty is untrue; or
            ``(B) the action or appeal--
                    ``(i) is frivolous or malicious;
                    ``(ii) fails to state a claim on which relief may 
                be granted; or
                    ``(iii) seeks monetary relief against a defendant 
                who is immune from such relief.''.
    (b) Exception to Discharge of Debt in Bankruptcy Proceeding.--
Section 523(a) of title 11, United States Code, is amended--
            (1) in paragraph (16), by striking the period at the end 
        and inserting ``; or''; and
            (2) by adding at the end the following new paragraph:
            ``(17) for a fee imposed by a court for the filing of a 
        case, motion, complaint, or appeal, or for other costs and 
        expenses assessed with respect to such filing, regardless of an 
        assertion of poverty by the debtor under section 1915 (b) or 
        (f) of title 28, or the debtor's status as a prisoner, as 
        defined in section 1915(h) of title 28.''.
    (c) Costs.--Section 1915(f) of title 28, United States Code (as 
redesignated by subsection (a)(2)), is amended--
            (1) by striking ``(f) Judgment'' and inserting ``(f)(1) 
        Judgment'';
            (2) by striking ``cases'' and inserting ``proceedings''; 
        and
            (3) by adding at the end the following new paragraph:
    ``(2)(A) If the judgment against a prisoner includes the payment of 
costs under this subsection, the prisoner shall be required to pay the 
full amount of the costs ordered.
    ``(B) The prisoner shall be required to make payments for costs 
under this subsection in the same manner as is provided for filing fees 
under subsection (a)(2).
    ``(C) In no event shall the costs collected exceed the amount of 
the costs ordered by the court.''.
    (d) Successive Claims.--Section 1915 of title 28, United States 
Code, is amended by adding at the end the following new subsection:
    ``(g) In no event shall a prisoner bring a civil action or appeal a 
judgment in a civil action or proceeding under this section if the 
prisoner has, on 3 or more prior occasions, while incarcerated or 
detained in any facility, brought an action or appeal in a court of the 
United States that was dismissed on the grounds that it is frivolous, 
malicious, or fails to state a claim upon which relief may be granted, 
unless the prisoner is under imminent danger of serious physical 
injury.''.
    (e) Definition.--Section 1915 of title 28, United States Code, is 
amended by adding at the end the following new subsection:
    ``(h) As used in this section, the term `prisoner' means any person 
incarcerated or detained in any facility who is accused of, convicted 
of, sentenced for, or adjudicated delinquent for, violations of 
criminal law or the terms and conditions of parole, probation, pretrial 
release, or diversionary program.''.

SEC. 103. JUDICIAL SCREENING.

    (a) In General.--Chapter 123 of title 28, United States Code, is 
amended by inserting after section 1915 the following new section:
``Sec. 1915A. Screening
    ``(a) Screening.--The court shall review, before docketing, if 
feasible or, in any event, as soon as practicable after docketing, a 
complaint in a civil action in which a prisoner seeks redress from a 
governmental entity or officer or employee of a governmental entity.
    ``(b) Grounds for Dismissal.--On review, the court shall identify 
cognizable claims or dismiss the complaint, or any portion of the 
complaint, if the complaint--
            ``(1) is frivolous, malicious, or fails to state a claim 
        upon which relief may be granted; or
            ``(2) seeks monetary relief from a defendant who is immune 
        from such relief.
    ``(c) Definition.--As used in this section, the term `prisoner' 
means any person incarcerated or detained in any facility who is 
accused of, convicted of, sentenced for, or adjudicated delinquent for, 
violations of criminal law or the terms and conditions of parole, 
probation, pretrial release, or diversionary program.''.
    (b) Technical Amendment.--The analysis for chapter 123 of title 28, 
United States Code, is amended by inserting after the item relating to 
section 1915 the following new item:

``1915A. Screening.''.

SEC. 104. FEDERAL TORT CLAIMS.

    Section 1346(b) of title 28, United States Code, is amended--
            (1) by striking ``(b)'' and inserting ``(b)(1)''; and
            (2) by adding at the end the following:
    ``(2) No person convicted of a felony who is incarcerated while 
awaiting sentencing or while serving a sentence may bring a civil 
action against the United States or an agency, officer, or employee of 
the Government, for mental or emotional injury suffered while in 
custody without a prior showing of physical injury.''.

SEC. 105. PAYMENT OF DAMAGE AWARD IN SATISFACTION OF PENDING 
              RESTITUTION ORDERS.

    Any compensatory damages awarded to a prisoner in connection with a 
civil action brought against any Federal, State, or local jail, prison, 
or correctional facility or against any official or agent of such jail, 
prison, or correctional facility, shall be paid directly to satisfy any 
outstanding restitution orders pending against the prisoner. The 
remainder of any such award after full payment of all pending 
restitution orders shall be forwarded to the prisoner.

SEC. 106. NOTICE TO CRIME VICTIMS OF PENDING DAMAGE AWARD.

    Prior to payment of any compensatory damages awarded to a prisoner 
in connection with a civil action brought against any Federal, State, 
or local jail, prison, or correctional facility or against any official 
or agent of such jail, prison, or correctional facility, reasonable 
efforts shall be made to notify the victims of the crime for which the 
prisoner was convicted and incarcerated concerning the pending payment 
of any such compensatory damages.

SEC. 107. EARNED RELEASE CREDIT OR GOOD TIME CREDIT REVOCATION.

    (a) In General.--Chapter 123 of title 28, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1932. Revocation of earned release credit
    ``In any civil action brought by an adult convicted of a crime and 
confined in a Federal correctional facility, the court may order the 
revocation of such earned good time credit under section 3624(b) of 
title 18, United States Code, that has not yet vested, if, on its own 
motion or the motion of any party, the court finds that--
            ``(1) the claim was filed for a malicious purpose;
            ``(2) the claim was filed solely to harass the party 
        against which it was filed; or
            ``(3) the claimant testifies falsely or otherwise knowingly 
        presents false evidence or information to the court.''.
    (b) Technical Amendment.--The analysis for chapter 123 of title 28, 
United States Code, is amended by inserting after the item relating to 
section 1931 the following:

``1932. Revocation of earned release credit.''.

    (c) Amendment of Section 3624 of Title 18.--Section 3624(b) of 
title 18, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by striking the first sentence;
                    (B) in the second sentence--
                            (i) by striking ``A prisoner'' and 
                        inserting ``Subject to paragraph (2), a 
                        prisoner'';
                            (ii) by striking ``for a crime of 
                        violence,''; and
                            (iii) by striking ``such'';
                    (C) in the third sentence, by striking ``If the 
                Bureau'' and inserting ``Subject to paragraph (2), if 
                the Bureau'';
                    (D) by striking the fourth sentence and inserting 
                the following: ``In awarding credit under this section, 
                the Bureau shall consider whether the prisoner, during 
                the relevant period, has earned, or is making 
                satisfactory progress toward earning, a high school 
                diploma or an equivalent degree.''; and
                    (E) in the sixth sentence, by striking ``Credit for 
                the last'' and inserting ``Subject to paragraph (2), 
                credit for the last''; and
            (2) by amending paragraph (2) to read as follows:
            ``(2) Notwithstanding any other law, credit awarded under 
        this subsection after the date of enactment of the Prison 
        Litigation Reform Act shall vest on the date the prisoner is 
        released from custody.''.

                           TITLE II--PRISONS

SEC. 201. SPECIAL MASTERS IN ACTIONS WITH RESPECT TO PRISON CONDITIONS.

    Section 3626 of title 18, United States Code, is amended by adding 
at the end the following new subsection:
    ``(d) Special Masters.--
            ``(1) In general.--(A) In any civil action in a Federal 
        court with respect to prison conditions, the court may appoint 
        a special master who shall be disinterested and objective and 
        who will give due regard to the public safety, to conduct 
        hearings on the record and prepare proposed findings of fact.
            ``(B) The court shall appoint a special master under this 
        subsection during the remedial phase of the action only upon a 
        finding that the remedial phase will be sufficiently complex to 
        warrant the appointment.
            ``(2) Appointment.--(A) If the court determines that the 
        appointment of a special master is necessary, the court shall 
        request that the defendant institution and the plaintiff each 
        submit a list of not more than 5 persons to serve as a special 
        master.
            ``(B) Each party shall have the opportunity to remove up to 
        3 persons from the opposing party's list.
            ``(C) The court shall select the master from the persons 
        remaining on the list after the operation of subparagraph (B).
            ``(3) Interlocutory appeal.--Any party shall have the right 
        to an interlocutory appeal of the judge's selection of the 
        special master under this subsection, on the ground of 
        partiality.
            ``(4) Compensation.--The compensation to be allowed to a 
        special master under this section shall be based on an hourly 
        rate not greater than the hourly rate established under section 
        3006A for payment of court-appointed counsel, plus costs 
        reasonably incurred by the special master. Such compensation 
        and costs shall be paid with funds appropriated to the 
        Judiciary.
            ``(5) Regular review of appointment.--In any civil action 
        with respect to prison conditions in which a special master is 
appointed under this subsection, the court shall review the appointment 
of the special master every 6 months to determine whether the services 
of the special master continue to be required under paragraph (1). In 
no event shall the appointment of a special master extend beyond the 
termination of the relief.
            ``(6) Limitations on powers and duties.--A special master 
        appointed under this subsection--
                    ``(A) may be authorized by a court to conduct 
                hearings and prepare proposed findings of fact, which 
                shall be made on the record;
                    ``(B) shall not make any findings or communications 
                ex parte;
                    ``(C) may be authorized by a court to assist in the 
                development of remedial plans; and
                    ``(D) may be removed at any time, but shall be 
                relieved of the appointment upon the termination of 
                relief.
    ``(e) Definitions.--As used in this section--
            ``(1) the term `civil action with respect to prison 
        conditions' means any civil proceeding arising under Federal 
        law with respect to the conditions of confinement or the 
        effects of actions by government officials on the lives of 
        persons confined in prison, but does not include habeas corpus 
        proceedings challenging the fact or duration of confinement in 
        prison; and
            ``(2) the term `special master' means any person appointed 
        by a Federal court pursuant to Rule 53 of the Federal Rules of 
        Civil Procedure or pursuant to any inherent power of the court 
        to exercise the powers of a master, regardless of the title or 
        description given by the court.''.

                TITLE III--EQUAL PROTECTION FOR VICTIMS

SEC. 301. 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. 302. REBUTTAL OF ATTACKS ON THE VICTIM'S CHARACTER.

    Rule 404(a)(1) of the Federal Rules of Evidence is amended by 
inserting before the semicolon the following: ``, or, if an accused 
offers evidence of a pertinent trait of character of the victim of the 
crime, evidence of a pertinent trait of character of the accused 
offered by the prosecution''.

SEC. 303. VICTIM'S RIGHT OF ALLOCUTION IN SENTENCING.

    Rule 32 of the Federal Rules of Criminal Procedure is amended--
            (1) in subdivision (c)(3)(E), by striking ``if sentence is 
        to be imposed for a crime of violence or sexual abuse,''; and
            (2) by amending subdivision (f) to read as follows:
    ``(f) Definition.--For purposes of this rule, `victim' means any 
individual against whom an offense has been committed for which a 
sentence is to be imposed, but the right of allocution under 
subdivision (c)(3)(E) may be exercised instead by--
            ``(1) a parent or legal guardian if the victim is below the 
        age of 18 years or is incompetent; or
            ``(2) 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. 304. RIGHT OF THE VICTIM TO FAIR TREATMENT IN LEGAL PROCEEDINGS.

    The following rules, to be known as the Rules of Professional 
Conduct for Lawyers in Federal Practice, are enacted as an appendix to 
title 28, United States Code:

    ``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 
        criminal activity or civil 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, including information obtained from the 
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, including information obtained from the 
client, when disclosure is required by law.
    ``(c) A lawyer shall disclose information relating to the 
representation of a client, including information obtained from the 
client, to the extent necessary to prevent--
            ``(1) the commission of a crime involving the use or 
        threatened use of force against a person, or a substantial risk 
        of death or serious bodily injury to a person; or
            ``(2) the commission of a crime of sexual assault or child 
        molestation.
    ``(d) 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. 305. USE OF NOTICE CONCERNING RELEASE OF OFFENDER.

    Section 4042(b) of title 18, United States Code, is amended by 
striking paragraph (4).

SEC. 306. BALANCE IN THE COMPOSITION OF RULES COMMITTEES.

    Section 2073 of title 28, United States Code, is amended--
            (1) in subsection (a)(2), by adding at the end the 
        following: ``On each such committee that makes recommendations 
        concerning rules that affect criminal cases, including the 
        Federal Rules of Criminal Procedure, the Federal Rules of 
        Evidence, the Federal Rules of Appellate Procedure, the Rules 
        Governing Section 2254 Cases, and the Rules Governing Section 
        2255 Cases, the number of members who represent or supervise 
        the representation of defendants in the trial, direct review, 
        or collateral review of criminal cases shall not exceed the 
        number of members who represent or supervise the representation 
        of the Government or a State in the trial, direct review, or 
        collateral review of criminal cases.''; and
            (2) in subsection (b), by adding at the end the following: 
        ``The number of members of the standing committee who represent 
        or supervise the representation of defendants in the trial, 
        direct review, or collateral review of criminal cases shall not 
        exceed the number of members who represent or supervise the 
        representation of the Government or a State in the trial, 
        direct review, or collateral review of criminal cases.''.

                      TITLE IV--DOMESTIC VIOLENCE

SEC. 401. DEATH PENALTY FOR FATAL DOMESTIC VIOLENCE OFFENSES.

    Sections 2261(b)(1) and 2262(b)(1) of title 18, United States Code, 
are each amended by inserting ``or may be sentenced to death'' after 
``years,''.

SEC. 402. EVIDENCE OF DEFENDANT'S DISPOSITION TOWARD VICTIM IN DOMESTIC 
              VIOLENCE CASES AND OTHER CASES.

    Rule 404(b) of the Federal Rules of Evidence is amended by striking 
``or absence of mistake or accident'' and inserting ``absence of 
mistake or accident, or a disposition toward a particular individual''.

SEC. 403. BATTERED WOMEN'S SYNDROME EVIDENCE.

    Rule 702 of the Federal Rules of Evidence is amended by adding at 
the end the following: ``Testimony that may be admitted pursuant to 
this rule includes testimony concerning the behavior, and mental or 
emotional conditions of victims to explain a victim's failure to report 
or delay in reporting an offense, recantation of an accusation, or 
failure to cooperate in the investigation or prosecution.''.

SEC. 404. HIV TESTING OF DEFENDANTS IN SEXUAL ASSAULT CASES.

    (a) In General.--Chapter 109A of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 2249. Testing for human immunodeficiency virus; disclosure of 
              test results to victim; effect on penalty
    ``(a) Testing at Time of Pretrial Release Determination.--In a case 
in which a person is charged with an offense under this chapter, upon 
request of the victim, 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 followup 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 
followup 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. 
Test results disclosed pursuant to this subsection shall be subject to 
section 40503(b) (5) through (7) of the Violent Crime Control Act of 
1994 (42 U.S.C. 14011(b)). Any test result of the defendant given to 
the victim or the defendant must be accompanied by appropriate 
counseling, unless the recipient does not wish to receive such 
counseling.
    ``(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 the offender 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 analysis for chapter 109A of title 
18, United States Code, is amended by inserting at the end the 
following new item:

        ``2249. Testing for human immunodeficiency virus; disclosure of 
                            test results to victim; effect on 
                            penalty.''.
    (c) Amendments to Testing Provisions.--Section 40503(b) of the 
Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
14011(b)) is amended--
            (1) by amending the heading to read as follows: ``(b) 
        Testing of Defendants.--'';
            (2) in paragraph (1)--
                    (A) by inserting ``, or the Government in such a 
                case,'' after ``subsection (a)'';
                    (B) by inserting ``(or to the victim's parent or 
                legal guardian, as appropriate)'' after ``communicated 
                to the victim''; and
                    (C) by inserting ``, unless the recipient does not 
                wish to receive such counseling'' after ``counseling''; 
                and
            (3) in paragraph (2)--
                    (A) by striking ``To obtain an order under 
                paragraph (1), the victim must demonstrate that'' and 
                inserting ``The victim or the Government may obtain an 
                order under paragraph (1) by showing that'';
                    (B) in subparagraph (A)--
                            (i) by striking ``the offense'' and 
                        inserting ``a sexual assault involving alleged 
                        conduct that poses a risk of transmission of 
                        the etiologic agent for acquired immune 
                        deficiency syndrome''; and
                            (ii) by inserting ``and'' after the 
                        semicolon;
                    (C) in subparagraph (B), by striking ``after 
                appropriate counseling; and'' and inserting a period; 
                and
                    (D) by striking subparagraph (C).

                           TITLE V--FIREARMS

SEC. 501. MANDATORY MINIMUM SENTENCES FOR CRIMINALS USING FIREARMS.

    Section 924(c)(1) of title 18, United States Code, is amended by 
inserting after the first sentence the following: ``Except to the 
extent a greater minimum sentence is otherwise provided by the 
preceding sentence or by any other provision of this subsection or any 
other law, a person who, during and in relation to any crime of 
violence or drug trafficking crime (including a crime of violence or 
drug trafficking crime which provides for an enhanced punishment if 
committed by the use of a deadly or dangerous weapon or device) for 
which a person may be prosecuted in a court of the United States, uses 
or carries a firearm shall, in addition to the punishment provided for 
such crime of violence or drug trafficking crime--
            ``(A) be punished by imprisonment for not less than 10 
        years;
            ``(B) if the firearm is discharged, be punished by 
        imprisonment for not less than 20 years; and
            ``(C) if the death of a person results, be punished by 
        death or by imprisonment for not less than life.
Notwithstanding any other law, the court shall not place on probation 
or suspend the sentence of any person convicted of a violation of this 
subsection, nor shall the term of imprisonment imposed under this 
subsection run concurrently with any other term of imprisonment 
including that imposed for the crime of violence or drug trafficking 
crime in which the firearm was used or carried. No person sentenced 
under this subsection shall be eligible for parole during the term of 
imprisonment imposed under this subsection.''.

SEC. 502. FIREARMS POSSESSION BY VIOLENT FELONS AND SERIOUS DRUG 
              OFFENDERS.

    Section 924 of title 18, United States Code, is amended--
            (1) in subsection (a)(1), by inserting before the period 
        the following: ``, and if the violation is of section 922(g)(1) 
        by a person who has a previous conviction for a violent felony 
        (as defined in subsection (e)(2)(B)) or a serious drug offense 
        (as defined in subsection (e)(2)(A)), a sentence imposed under 
        this paragraph shall include a term of imprisonment of not less 
        than 5 years''; and
            (2) by adding at the end the following new subsection:
    ``(o)(1) Notwithstanding subsection (a)(2), any person who violates 
section 922(g) and has 2 previous convictions by any court referred to 
in section 922(g)(1) for a violent felony (as defined in subsection 
(e)(2)(B)) or a serious drug offense (as defined in subsection 
(e)(2)(A)) committed on different occasions shall be fined as provided 
in this title, imprisoned not less than 10 years and not more than 20 
years, or both.
    ``(2) Notwithstanding any other law, the court shall not grant a 
probationary sentence to a person described in paragraph (1) with 
respect to the conviction under section 922(g).''.

SEC. 503. USE OF FIREARMS IN CONNECTION WITH COUNTERFEITING OR FORGERY.

    Section 924(c)(1) of title 18, United States Code, is amended by 
inserting ``or during and in relation to any felony punishable under 
chapter 25,'' after ``United States,''.

SEC. 504. POSSESSION OF AN EXPLOSIVE DURING THE COMMISSION OF A FELONY.

    Section 844(h) of title 18, United States Code, is amended--
            (1) in paragraph (2), by striking ``carries an explosive 
        during'' and inserting ``uses, carries, or otherwise possesses 
        an explosive during''; and
            (2) by striking ``used or carried'' and inserting ``used, 
        carried, or possessed''.

SEC. 505. SECOND OFFENSE OF USING AN EXPLOSIVE TO COMMIT A FELONY.

    Section 844(h) of title 18, United States Code, is amended by 
striking ``ten'' and inserting ``20''.

                      TITLE VI--EXCLUSIONARY RULE

SEC. 601. ADMISSIBILITY OF CERTAIN EVIDENCE.

    (a) In General.--Chapter 223 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 3510. Admissibility of evidence obtained by search or seizure
    ``(a) Evidence Obtained by Objectively Reasonable Search or 
Seizure.--Evidence 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. 
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.--
            ``(1) Generally.--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.
            ``(2) Special rule relating to objectively reasonable 
        searches and seizures.--Evidence that is otherwise excludable 
        under paragraph (1) shall not be excluded if the search or 
        seizure was carried out in circumstances justifying an 
        objectively reasonable belief that the search or seizure was in 
        conformity with the statute, administrative rule or regulation, 
        or rule of procedure, the violation of which occasioned its 
        being excludable.
    ``(c) Rules of Construction.--This section shall not be construed 
to require or authorize the exclusion of evidence in any proceeding.''.
    (b) Technical Amendment.--The analysis for chapter 223 of title 18, 
United States Code, is amended by adding at the end the following:

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

                    TITLE VII--FEDERAL DEATH PENALTY

SEC. 701. STRENGTHENING OF FEDERAL DEATH PENALTY STANDARDS AND 
              PROCEDURES.

    (a) Amendments to Chapter 228.--Chapter 228 of title 18, United 
States Code, is amended--
            (1) by amending section 3592(c)(2) to read as follows:
            ``(2) Involvement of a firearm or previous conviction of 
        violent felony involving a firearm.--For any offense, other 
        than an offense for which a sentence of death is sought on the 
        basis of section 924(c), 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 or attempted or 
                threatened use of a firearm (as defined in section 921) 
                against another person.'';
            (2) in section 3593--
                    (A) in subsection (a)--
                            (i) by inserting ``and the Defendant'' 
                        after ``Government'' in the heading;
                            (ii) by redesignating paragraphs (1) and 
                        (2) as subparagraphs (A) and (B), respectively;
                            (iii) by striking ``If, in a case'' and 
                        inserting ``(1) If, in a case'';
                            (iv) by designating the matter immediately 
                        following subparagraph (B), as redesignated, as 
                        paragraph (3);
                            (v) by inserting after paragraph (1) as so 
                        designated, the following new paragraph:
            ``(2) The defendant shall, during a reasonable period of 
        time before a hearing under subsection (b), sign and file with 
        the court a notice setting forth the mitigating factor or 
        factors, if any, upon which the defendant intends to present 
        information at the hearing.''; and
                            (vi) in paragraph (3), as so designated--
                                    (I) by inserting ``by the attorney 
                                for the Government'' after ``this 
                                subsection'';
                                    (II) by striking ``and may 
                                include'' and all that follows through 
                                ``relevant information'';
                                    (III) by inserting ``or the 
                                defendant'' after ``permit the attorney 
                                for the government''; and
                                    (IV) by inserting ``under this 
                                subsection'' after ``to amend the 
                                notice''.
                    (B) in subsection (c)--
                            (i) in the fourth sentence, by inserting 
                        ``for which notice has been provided under 
                        subsection (a)'' after ``The defendant may 
                        present any information relevant to a 
                        mitigating factor''; and
                            (ii) by inserting after the fifth sentence 
                        the following: ``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 any other relevant 
                        information.''; and
                    (C) in subsection (e), by striking ``shall 
                consider'' and all that follows through ``lesser 
                sentence.'', and inserting the following: ``shall then 
                consider whether the aggravating factor or factors 
                found to exist outweigh any mitigating 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 that 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 shall make such 
                a recommendation as the information warrants. The jury 
                shall be instructed that its recommendation concerning 
                a sentence of death is to be based on the aggravating 
                factor or factors and any mitigating factors, but that 
                the final decision concerning the balance of 
                aggravating and mitigating factors is a matter for the 
                jury's judgment.'';
            (3) in section 3595(c)(2), by striking the final sentence;
            (4) in section 3596(a), by striking the second and third 
        sentences and inserting the following: ``A sentence of death 
        for any offense against the United States shall be carried out 
        in the manner prescribed by the Attorney General by 
        regulations.''; and
            (5) in section 3597--
                    (A) by amending the heading to read as follows:
``Sec. 3597. Excuse of an employee on moral or religious grounds'';
                    (B) striking subsection (a); and
                    (C) in subsection (b)--
                            (i) by striking ``(b) Excuse of an Employee 
                        on Moral or Religious Grounds.--'';
                            (ii) in the first sentence, by striking 
                        ``this section'' and inserting ``this 
                        chapter''; and
                            (iii) in the second sentence, by striking 
                        ``this subsection'' and inserting ``this 
                        section''.
    (b) Uniformity of Procedures.--Section 408 of the Controlled 
Substances Act (21 U.S.C. 848) is amended by striking subsections (g) 
through (p), (q) (1) through (3), and (r).

SEC. 702. MURDER OF WITNESS AS AGGRAVATING FACTOR.

    Section 3592(c)(1) of title 18, United States Code, is amended by 
inserting ``section 1512 (witness tampering), section 1513 (retaliation 
against witness),'' after ``(hostage taking),''.

SEC. 703. SAFEGUARDS AGAINST DELAY IN THE EXECUTION OF CAPITAL 
              SENTENCES IN FEDERAL CASES.

    (a) In General.--Chapter 228 of title 18, United States Code, is 
amended by adding at the end the following:
``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, a motion under section 2255 of 
title 28, shall be filed not later than 90 days after the time the 
judgment becomes final by the conclusion of direct review or the 
expiration of the time for seeking direct review. 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 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 made retroactively applicable to 
                cases on collateral review by the Supreme Court; 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, if proven and viewed 
        in light of the evidence as a whole, would be sufficient to 
        establish by clear and convincing evidence that, but for 
        constitutional error, no reasonable factfinder would have found 
        the movant guilty of the underlying offense.''.
    (b) Technical Amendment.--The analysis for chapter 228 of title 18, 
United States Code, is amended by adding at the end the following:

``3599. Collateral attack on judgment imposing sentence of death.''.

SEC. 704. DEATH PENALTY FOR MURDERS COMMITTED WITH FIREARMS.

    (a) In General.--Chapter 51 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1122. Murder involving the use of a firearm
    ``(a) Offense.--A person who has been found guilty of causing, 
through the use of a firearm (as defined in section 921 of this title), 
the death of another person, intentionally, knowingly, or through 
recklessness manifesting extreme indifference to human life, or through 
the intentional infliction of serious bodily injury, shall be punished 
by death or imprisoned for any term of years or for life.
    ``(b) Jurisdiction.--There is Federal jurisdiction over an offense 
under this section if--
            ``(1) the conduct of the offender occurred in the course of 
        an offense against the United States; or
            ``(2) a firearm involved in the offense has moved at any 
        time in interstate or foreign commerce.
    ``(c) Congressional Intent.--It is the intent of Congress that--
            ``(1) this section shall be used to supplement and not 
        supplant the efforts of State and local prosecutors in 
        prosecuting murders involving firearms that have moved in 
        interstate or foreign commerce that could be prosecuted under 
        State law; and
            ``(2) the Attorney General shall give due deference to the 
        interest that a State or local prosecutor has in prosecuting a 
        person under State law.
This subsection does not create any rights, substantive or procedural, 
enforceable at law by any party in any manner, civil or criminal, nor 
does it place any limitations on otherwise lawful prerogatives of the 
Attorney General.''.
    (b) Technical Amendment.--The analysis for chapter 51 of title 18, 
United States Code, is amended by adding at the end the following new 
item:

``1122. Murder involving the use of a firearm.''.

SEC. 705. DEATH PENALTY FOR MURDERS COMMITTED IN THE DISTRICT OF 
              COLUMBIA.

    (a) In General.--Chapter 51 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1123. Capital punishment for murders in the District of Columbia
    ``(a) Offense.--It shall be unlawful 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 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 this section. Sections 3591 and 3592 of 
this title shall not apply in relation to capital sentencing for an 
offense described in this section, but all other sections of chapter 
228 shall apply in relation to the imposition, review, and execution of 
capital sentences for offenses described in this section.
    ``(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 or her conduct or to conform 
        his or her 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, 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).
            ``(5) Previous conviction of violent felony.--The defendant 
        has previously been convicted of an offense punishable by a 
        term of imprisonment of more than 1 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 pretrial 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--
                    ``(A) while such public servant was engaged in the 
                performance of his or her official duties;
                    ``(B) because of the performance of such public 
                servant's official duties; or
                    ``(C) 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) Definitions.--For purposes of this section--
            ``(1) the term `State' has the meaning stated in section 
        513;
            ``(2) the term `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 a State or the 
        United States;
            ``(3) 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;
            ``(4) the term `robbery' means obtaining the property of 
        another by force or threat of force;
            ``(5) the term `burglary' means entering or remaining in a 
        building or structure in violation of the law of a State or the 
        United States, with the intent to commit an offense in the 
        building or structure;
            ``(6) the term `sexual abuse' means any conduct proscribed 
        by chapter 109A, whether or not the conduct occurs in the 
        special maritime and territorial jurisdiction of the United 
        States;
            ``(7) the term `arson' means damaging or destroying a 
        building or structure through the use of fire or explosives;
            ``(8) the term `kidnaping' means seizing, confining, or 
        abducting a person, or transporting a person without his or her 
        consent;
            ``(9) the terms `pretrial release', `probation', `parole', 
        `supervised release', and `other postconviction 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) the term `public servant' means an employee, agent, 
        officer, or official of a State or the United States, or an 
        employee, agent, officer, or official of a foreign government 
        who is within the scope of section 1116.
    ``(g) Other Charges.--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.''.
    (b) Technical Amendment.--The analysis for chapter 51 of title 18, 
United States Code, is amended by adding at the end the following:

``1123. Capital punishment for murders in the District of Columbia.''.

                       TITLE VIII--HABEAS CORPUS

SEC. 801. STOPPING ABUSE OF FEDERAL COLLATERAL REMEDIES.

    (a) In General.--Chapter 153 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 2257. Adequacy of State remedies
    ``Notwithstanding any other provision of law, an application for a 
writ of habeas corpus in behalf of a person in custody pursuant to a 
judgment or order of a State court shall not be entertained by a judge 
or a court of the United States unless the remedies in the courts of 
the State are inadequate or ineffective to test the legality of the 
person's detention.''.
    (b) Clerical Amendment.--The table of sections for chapter 153 of 
title 18, United States Code, is amended by adding at the end the 
following:

``2257. Adequacy of State remedies.''.

           TITLE IX--CRIMINAL ALIEN DEPORTATION IMPROVEMENTS

SEC. 901. ADDITIONAL EXPANSION OF DEFINITION OF AGGRAVATED FELONY.

    (a) In General.--Section 101(a)(43) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(43)), as amended by section 222 of 
the Immigration and Nationality Technical Corrections Act of 1994 
(Public Law 103-416), is amended--
            (1) in subparagraph (J), by inserting ``, or an offense 
        described in section 1084 (if it is a second or subsequent 
        offense) or 1955 of that title (relating to gambling 
        offenses),'' after ``corrupt organizations)'';
            (2) in subparagraph (K)--
                    (A) by striking ``or'' at the end of clause (i),
                    (B) by redesignating clause (ii) as clause (iii), 
                and
                    (C) by inserting after clause (i) the following new 
                clause:
                            ``(ii) is described in section 2421, 2422, 
                        or 2423 of title 18, United States Code 
                        (relating to transportation for the purpose of 
                        prostitution) for commercial advantage; or'';
            (3) by amending subparagraph (N) to read as follows:
                    ``(N) an offense described in paragraph (1)(A) or 
                (2) of section 274(a) (relating to alien smuggling) for 
                which the term of imprisonment imposed (regardless of 
                any suspension of imprisonment) is at least 5 years;'';
            (4) by amending subparagraph (O) to read as follows:
                    ``(O) an offense (i) which either is falsely 
                making, forging, counterfeiting, mutilating, or 
                altering a passport or instrument in violation of 
                section 1543 of title 18, United States Code, or is 
                described in section 1546(a) of such title (relating to 
                document fraud) and (ii) for which the term of 
                imprisonment imposed (regardless of any suspension of 
                such imprisonment) is at least 18 months;''
            (5) in subparagraph (P), by striking ``15 years'' and 
        inserting ``5 years'', and by striking ``and'' at the end;
            (6) by redesignating subparagraphs (O), (P), and (Q) as 
        subparagraphs (P), (Q), and (U), respectively;
            (7) by inserting after subparagraph (N) the following new 
        subparagraph:
                    ``(O) an offense described in section 275(a) or 276 
                committed by an alien who was previously deported on 
                the basis of a conviction for an offense described in 
                another subparagraph of this paragraph;''; and
            (8) by inserting after subparagraph (Q), as so 
        redesignated, the following new subparagraphs:
                    ``(R) an offense relating to commercial bribery, 
                counterfeiting, forgery, or trafficking in vehicles the 
                identification numbers of which have been altered for 
                which a sentence of 5 years' imprisonment or more may 
                be imposed;
                    ``(S) an offense relating to obstruction of 
                justice, perjury or subornation of perjury, or bribery 
                of a witness, for which a sentence of 5 years' 
                imprisonment or more may be imposed;
                    ``(T) an offense relating to a failure to appear 
                before a court pursuant to a court order to answer to 
                or dispose of a charge of a felony for which a sentence 
                of 2 years' imprisonment or more may be imposed; and''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to convictions entered on or after the date of the enactment of 
this Act, except that the amendment made by subsection (a)(3) shall 
take effect as if included in the enactment of section 222 of the 
Immigration and Nationality Technical Corrections Act of 1994.

SEC. 902. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL ALIENS WHO ARE 
              NOT PERMANENT RESIDENTS.

    (a) Administrative Hearings.--Section 242A(b) of the Immigration 
and Nationality Act (8 U.S.C. 1252a(b)), as added by section 130004(a) 
of the Violent Crime Control and Law Enforcement Act of 1994 (Public 
Law 103-322), is amended--
            (1) in paragraph (2)--
                    (A) by striking ``and'' at the end of subparagraph 
                (A) and inserting ``or'', and
                    (B) by amending subparagraph (B) to read as 
                follows:
                    ``(B) had permanent resident status on a 
                conditional basis (as described in section 216) at the 
                time that proceedings under this section commenced.'';
            (2) in paragraph (3), by striking ``30 calendar days'' and 
        inserting ``14 calendar days'';
            (3) in paragraph (4)(B), by striking ``proceedings'' and 
        inserting ``proceedings'';
            (4) in paragraph (4)--
                    (A) by redesignating subparagraphs (D) and (E) as 
                subparagraphs (F) and (G), respectively; and
                    (B) by adding after subparagraph (C) the following 
                new subparagraphs:
                    ``(D) such proceedings are conducted in, or 
                translated for the alien into, a language the alien 
                understands;
                    ``(E) a determination is made for the record at 
                such proceedings that the individual who appears to 
                respond in such a proceeding is an alien subject to 
                such an expedited proceeding under this section and is, 
                in fact, the alien named in the notice for such 
                proceeding;''.
            (5) by adding at the end the following new paragraph:
            ``(5) No alien described in this section shall be eligible 
        for any relief from deportation that the Attorney General may 
        grant in the Attorney General's discretion.''.
    (b) Limit on Judicial Review.--Subsection (d) of section 106 of the 
Immigration and Nationality Act (8 U.S.C. 1105a), as added by section 
130004(b) of the Violent Crime Control and Law Enforcement Act of 1994 
(Public Law 103-322), is amended to read as follows:
    ``(d) Notwithstanding subsection (c), a petition for review or for 
habeas corpus on behalf of an alien described in section 242A(c) may 
only challenge whether the alien is in fact an alien described in such 
section, and no court shall have jurisdiction to review any other 
issue.''.
    (c) Presumption of Deportability.--Section 242A of the Immigration 
and Nationality Act (8 U.S.C. 1252a) is amended by inserting after 
subsection (b) the following new subsection:
    ``(c) Presumption of Deportability.--An alien convicted of an 
aggravated felony shall be conclusively presumed to be deportable from 
the United States.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to all aliens against whom deportation proceedings are initiated 
after the date of the enactment of this Act.

SEC. 903. RESTRICTING THE DEFENSE TO EXCLUSION BASED ON 7 YEARS 
              PERMANENT RESIDENCE FOR CERTAIN CRIMINAL ALIENS.

    The last sentence of section 212(c) of the Immigration and 
Nationality Act (8 U.S.C. 1182(c)) is amended by striking ``has served 
for such felony or felonies'' and all that follows through the period 
and inserting ``has been sentenced for such felony or felonies to a 
term of imprisonment of at least 5 years, if the time for appealing 
such conviction or sentence has expired and the sentence has become 
final.''.

SEC. 904. LIMITATION ON COLLATERAL ATTACKS ON UNDERLYING DEPORTATION 
              ORDER.

    (a) In General.--Section 276 of the Immigration and Nationality Act 
(8 U.S.C. 1326) is amended by adding at the end the following new 
subsection:
    ``(c) In a criminal proceeding under this section, an alien may not 
challenge the validity of the deportation order described in subsection 
(a)(1) or subsection (b) unless the alien demonstrates that--
            ``(1) the alien exhausted any administrative remedies that 
        may have been available to seek relief against the order;
            ``(2) the deportation proceedings at which the order was 
        issued improperly deprived the alien of the opportunity for 
        judicial review; and
            ``(3) the entry of the order was fundamentally unfair.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to criminal proceedings initiated after the date of the enactment 
of this Act.

SEC. 905. CRIMINAL ALIEN IDENTIFICATION SYSTEM.

    Section 130002(a) of the Violent Crime Control and Law Enforcement 
Act of 1994 (Public Law 103-312) is amended to read as follows:
    ``(a) Operation and Purpose.--The Commissioner of Immigration and 
Naturalization shall, under the authority of section 242(a)(3)(A) of 
the Immigration and Nationality Act (8 U.S.C. 1252(a)(3)(A)), operate a 
criminal alien identification system. The criminal alien identification 
system shall be used to assist Federal, State, and local law 
enforcement agencies in identifying and locating aliens who may be 
subject to deportation by reason of their conviction of aggravated 
felonies.''.

SEC. 906. WIRETAP AUTHORITY FOR ALIEN SMUGGLING INVESTIGATIONS.

    Section 2516(1) of title 18, United States Code, is amended--
            (1) by striking ``and'' at the end of paragraph (n),
            (2) by redesignating paragraph (o) as paragraph (p), and
            (3) by inserting after paragraph (n) the following new 
        paragraph:
            ``(o) a felony violation of section 1028 (relating to 
        production of false identification documents), section 1542 
        (relating to false statements in passport applications), 
        section 1546 (relating to fraud and misuse of visas, permits, 
        and other documents) of this title or a violation of section 
        274, 277, or 278 of the Immigration and Nationality Act 
        (relating to the smuggling of aliens); or''.

SEC. 907. EXPANSION OF CRITERIA FOR DEPORTATION FOR CRIMES OF MORAL 
              TURPITUDE.

    (a) In General.--Section 241(a)(2)(A)(i)(II) of the Immigration and 
Nationality Act (8 U.S.C. 1251(a)(2)(A)(i)(II)) is amended to read as 
follows:
                                    ``(II) is convicted of a crime for 
                                which a sentence of one year or longer 
                                may be imposed,''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to aliens against whom deportation proceedings are initiated 
after the date of the enactment of this Act.

SEC. 908. STUDY OF PRISONER TRANSFER TREATY WITH MEXICO.

    (a) Report to Congress.--Not later than 180 days after the date of 
the enactment of this Act, the Secretary of State and the Attorney 
General shall submit to the Congress a report that describes the use 
and effectiveness of the Prisoner Transfer Treaty with Mexico (in this 
section referred to as the ``Treaty'') to remove from the United States 
aliens who have been convicted of crimes in the United States.
    (b) Use of Treaty.--The report under subsection (a) shall include 
the following information:
            (1) The number of aliens convicted of a criminal offense in 
        the United States since November 30, 1977, who would have been 
        or are eligible for transfer pursuant to the Treaty.
            (2) The number of aliens described in paragraph (1) who 
        have been transferred pursuant to the Treaty.
            (3) The number of aliens described in paragraph (2) who 
        have been incarcerated in full compliance with the Treaty.
            (4) The number of aliens who are incarcerated in a penal 
        institution in the United States who are eligible for transfer 
        pursuant to the Treaty.
            (5) The number of aliens described in paragraph (4) who are 
        incarcerated in State and local penal institutions.
    (c) Effectiveness of Treaty.--The report under subsection (a) shall 
include the recommendations of the Secretary of State and the Attorney 
General to increase the effectiveness and use of, and full compliance 
with, the Treaty. In considering the recommendations under this 
subsection, the Secretary and the Attorney General shall consult with 
such State and local officials in areas disproportionately impacted by 
aliens convicted of criminal offenses as the Secretary and the Attorney 
General consider appropriate. Such recommendations shall address the 
following areas:
            (1) Changes in Federal laws, regulations, and policies 
        affecting the identification, prosecution, and deportation of 
        aliens who have committed a criminal offense in the United 
        States.
            (2) Changes in State and local laws, regulations, and 
        policies affecting the identification, prosecution, and 
        deportation of aliens who have committed a criminal offense in 
        the United States.
            (3) Changes in the Treaty that may be necessary to increase 
        the number of aliens convicted of crimes who may be transferred 
        pursuant to the Treaty.
            (4) Methods for preventing the unlawful re-entry into the 
        United States of aliens who have been convicted of criminal 
        offenses in the United States and transferred pursuant to the 
        Treaty.
            (5) Any recommendations of appropriate officials of the 
        Mexican Government on programs to achieve the goals of, and 
        ensure full compliance with, the Treaty.
            (6) An assessment of whether the recommendations under this 
        subsection require the renegotiation of the Treaty.
            (7) The additional funds required to implement each 
        recommendation under this subsection.

SEC. 909. JUSTICE DEPARTMENT ASSISTANCE IN BRINGING TO JUSTICE ALIENS 
              WHO FLEE PROSECUTION FOR CRIMES IN THE UNITED STATES.

    (a) Assistance to States.--The Attorney General, in cooperation 
with the Commissioner of Immigration and Naturalization and the 
Secretary of State, shall designate an office within the Department of 
Justice to provide technical and prosecutorial assistance to States and 
political subdivisions of States in efforts to bring to justice aliens 
who flee prosecution for crimes in the United States.
    (b) Report to Congress.--Not later than one year after the date of 
the enactment of this Act, the Attorney General shall compile and 
submit to the Congress a report which assesses the nature and extent of 
the problem of bringing to justice aliens who flee prosecution for 
crimes in the United States.

SEC. 910. PRISONER TRANSFER TREATIES.

    (a) Negotiation.--Congress advises the President to begin to 
negotiate and renegotiate, not later than 90 days after the date of the 
enactment of this Act, bilateral prisoner transfer treaties. The focus 
of such negotiations shall be to expedite the transfer of aliens 
unlawfully in the United States who are incarcerated in United States 
prisons, to ensure that a transferred prisoner serves the balance of 
the sentence imposed by the United States courts, and to eliminate any 
requirement of prisoner consent to such a transfer.
    (b) Certification.--The President shall submit to the Congress, 
annually, a certification as to whether each prisoner transfer treaty 
in force is effective in returning aliens unlawfully in the United 
States who have committed offenses for which they are incarcerated in 
the United States to their country of nationality for further 
incarceration.

SEC. 911. INTERIOR REPATRIATION PROGRAM.

    Not later than 180 days after the date of enactment of this Act, 
the Attorney General and the Commissioner of Immigration and 
Naturalization shall develop and implement a program in which aliens 
who previously have illegally entered the United States not less than 3 
times and are deported or returned to a country contiguous to the 
United States will be returned to locations not less than 500 
kilometers from that country's border with the United States.

SEC. 912. DEPORTATION OF NONVIOLENT OFFENDERS PRIOR TO COMPLETION OF 
              SENTENCE OF IMPRISONMENT.

    (a) In General.--Section 242(h) of the Immigration and Nationality 
Act (8 U.S.C. 1252(h)) is amended to read as follows:
    ``(h)(1) Except as provided in paragraph (2), an alien sentenced to 
imprisonment may not be deported until such imprisonment has been 
terminated by the release of the alien from confinement. Parole, 
supervised release, probation, or possibility of rearrest or further 
confinement in respect of the same offense shall not be a ground for 
deferral of deportation.
    ``(2) The Attorney General is authorized to deport an alien in 
accordance with applicable procedures under this Act prior to the 
completion of a sentence of imprisonment--
            ``(A) in the case of an alien in the custody of the 
        Attorney General, if the Attorney General determines that (i) 
        the alien is confined pursuant to a final conviction for a 
        nonviolent offense (other than alien smuggling), and (ii) such 
        deportation of the alien is appropriate and in the best 
        interest of the United States; or
            ``(B) in the case of an alien in the custody of a State (or 
        a political subdivision of a State), if the chief State 
        official exercising authority with respect to the incarceration 
        of the alien determines that (i) the alien is confined pursuant 
        to a final conviction for a nonviolent offense (other than 
        alien smuggling), (ii) such deportation is appropriate and in 
        the best interest of the State, and (iii) submits a written 
        request to the Attorney General that such alien be so deported.
    ``(3) Any alien deported pursuant to this subsection shall be 
notified of the penalties under the laws of the United States relating 
to the reentry of deported aliens, particularly the expanded penalties 
for aliens deported under paragraph (2).''.
    (b) Reentry of Alien Deported Prior to Completion of Term of 
Imprisonment.--Section 276 of the Immigration and Nationality Act (8 
U.S.C. 1326) is amended by adding at the end the following new 
subsection:
    ``(c) Any alien deported pursuant to section 242(h)(2) who enters, 
attempts to enter, or is at any time found in, the United States 
(unless the Attorney General has expressly consented to such alien's 
reentry) shall be incarcerated for the remainder of the sentence of 
imprisonment which was pending at the time of deportation without any 
reduction for parole or supervised release. Such alien shall be subject 
to such other penalties relating to the reentry of deported aliens as 
may be available under this section or any other provision of law.''.

                  TITLE X--GANGS, JUVENILES, AND DRUGS

SEC. 1001. CRIMINAL STREET GANGS OFFENSES.

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

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

``Sec.
``1930. Crimes in furtherance of gangs.
``1931. Prohibited activity.
``1932. Penalties.
``1933. Investigative authority.
``Sec. 1930. Crimes in furtherance of gangs
    ``(a) Findings.--The Congress makes the following findings:
            ``(1) Criminal street gangs have become increasingly 
        prevalent and entrenched in our society in the last several 
        decades. In many areas of the country, these gangs exert 
        considerable control over other members of their community, 
        particularly through the use of violence and drugs. Criminal 
        street gangs have also become more national in scope, extending 
        their influence beyond the urban areas in which they 
        originated.
            ``(2) The major activities of criminal street gangs are 
        crimes of violence and the distribution and use of illegal 
        drugs. It is through these activities that criminal street 
        gangs directly affect interstate and foreign commerce, even 
        when their particular activities, viewed in isolation, appear 
        to be purely intrastate in character.
    ``(b) Basis for Chapter.--On the basis of the findings stated in 
subsection (a), the Congress determines that the provisions of this 
chapter are necessary and proper for the purpose of carrying into 
execution the powers of Congress to regulate commerce and to establish 
criminal law.
``Sec. 1931. Prohibited activity
    ``(a) Definitions.--As used in this chapter--
            ``(1) the term `predicate gang crime' means--
                    ``(A) any act or threat, or attempted act or 
                threat, that is chargeable under Federal or State law 
                and punishable by imprisonment for more than 1 year, 
                involving murder, assault, kidnapping, robbery, 
                extortion, burglary, arson, property damage or 
                destruction, obstruction of justice, tampering with or 
                retaliating against a witness, victim, or informant, or 
                manufacturing, importing, receiving, concealing, 
                purchasing, selling, possessing, or otherwise dealing 
                in a controlled substance or controlled substance 
                analogue (as those terms are defined in section 102 of 
                the Controlled Substances Act (21 U.S.C. 802));
                    ``(B) any act, punishable by imprisonment for more 
                than 1 year, that is indictable under sections 922 and 
                924 (a)(2), (b), (c), (g), or (h) (relating to receipt, 
                possession, and transfer of firearms), section 1503 
                (relating to obstruction of justice), 1510 (relating to 
                obstruction of criminal investigations), 1512 (relating 
                to tampering with a witness, victim, or informant), or 
                1513 (relating to retaliating against a witness, 
                victim, or informant); or
                    ``(C) any act indictable under subsection (b)(5) of 
                this section;
            ``(2) the term `criminal street gang' means any 
        organization, or group, of 5 or more individuals, whether 
        formal or informal, who act in concert, or agree to act in 
        concert, for a period in excess of 30 days, with a purpose that 
        any of those individuals alone, or in any combination, commit 
        or will commit, 2 or more predicate gang crimes, at least 1 of 
        which occurs after the date of enactment of this chapter and 
        the last of which occurs within 10 years (excluding any period 
        of imprisonment) after the commission of the first such 
        predicate gang crime;
            ``(3) the term `participate in a criminal street gang' 
        means to act in concert with a criminal street gang with intent 
        to commit, or that any other individual associated with the 
        criminal street gang will commit, one or more predicate gang 
        crimes; and
            ``(4) the term `State' means a State of the United States, 
        the District of Columbia, and any commonwealth, territory, or 
        possession of the United States.
    ``(b) Prohibited Conduct.--It shall be unlawful--
            ``(1) to commit, or to attempt to commit, a predicate gang 
        crime with intent to promote or further the activities of a 
        criminal street gang or for the purpose of gaining entrance to 
        or maintaining or increasing position in a criminal street 
        gang;
            ``(2) to participate, or attempt to participate, in a 
        criminal street gang, or conspire to do so;
            ``(3) to command, counsel, persuade, induce, entice, or 
        coerce any individual to participate in a criminal street gang;
            ``(4) to employ, use, command, counsel, persuade, induce, 
        entice, or coerce any individual to commit, cause to commit, or 
        facilitate the commission of, a predicate gang crime, with 
        intent to promote the activities of a criminal street gang or 
        for the purpose of gaining entrance to or maintaining or 
        increasing position in such a gang; or
            ``(5) to use any communication facility (as defined in 
        section 403(b) of the Controlled Substances Act (21 U.S.C. 
        843(b))), in causing or facilitating the commission, or 
        attempted commission, of a predicate gang crime with intent to 
        promote or further the activities of a criminal street gang or 
        for the purpose of gaining entrance to or maintaining or 
        increasing position in such a gang. Each separate use of a 
        communication facility shall be a separate offense under this 
        subsection.
``Sec. 1932. Penalties
    ``(a) Penalties of Up to 20 Years or Life Imprisonment.--A person 
who violates section 1931(b) (1) or (2) shall be punished by 
imprisonment for not more than 20 years, or by imprisonment for any 
term of years or for life if the violation is based on a predicate gang 
crime for which the maximum penalty includes life imprisonment, and if 
any person commits such a violation after one or more prior convictions 
for such a predicate gang crime, that is not part of the instant 
violation, such person shall be sentenced to a term of imprisonment, 
which shall not be less than 10 years and which may be for any term of 
years exceeding 10 years or for life.
    ``(b) Penalties Between 5 and 10 Years.--Any person who violates 
section 1931(b) (3) or (4) shall be sentenced to imprisonment for not 
less than 5 and not more than 10 years, and if the individual who was 
the subject of the act was less than 18 years of age, such person shall 
be imprisoned for 10 years. A term of imprisonment under this 
subsection shall run consecutively to any other term of imprisonment, 
including that imposed for any other violation of this chapter.
    ``(c) Penalties of Up to 5 Years.--Any person who violates section 
1931(b)(5) shall be punished by imprisonment for not more than 5 years.
    ``(d) Additional Penalties.--In addition to the other penalties set 
forth in this section--
            ``(1) any person who violates section 1931(b) (1) or (2), 
        one of whose predicate gang crimes involves murder or 
        conspiracy to commit murder which results in the taking of a 
        life, and who commits, counsels, commands, induces, procures, 
        or causes that murder, shall be punished by death or by 
        imprisonment for life;
            ``(2) any person who violates section 1931(b) (1) or (2), 
        one of whose predicate gang crimes involves attempted murder or 
        conspiracy to commit murder, shall be sentenced to a term of 
        imprisonment which shall not be less than 20 years and which 
        may be for any term of years exceeding 20 years or for life; 
        and
            ``(3) any person who violates section 1931(b) (1) or (2), 
        and who at the time of the offense occupied a position of 
        organizer or supervisor, or other position of management in the 
        criminal street gang, shall be sentenced to a term of 
        imprisonment which shall not be less than 15 years and which 
        may be for any term of years exceeding 15 years or for life.
For purposes of paragraph (3), if it is shown that the defendant 
counseled, commanded, induced, or procured 5 or more individuals to 
participate in a street gang, there shall be a rebuttable presumption 
that the defendant occupied a position of organizer or supervisor, or 
other position of management in the gang.
    ``(e) Forfeiture.--A person who violates section 1931(b) (1) or (2) 
shall, in addition to any other penalty (notwithstanding any provision 
of State law), forfeit to the United States--
            ``(1) any property constituting, or derived from, any 
        proceeds the person obtained, directly or indirectly, as a 
        result of the violation; and
            ``(2) any property used, or intended to be used, in any 
        manner or part, to commit, or to facilitate the commission of, 
        the violation.
The provisions of section 413 (b), (c), and (e) through (p) of the 
Controlled Substances Act (21 U.S.C. 853 (b), (c), and (e) through (p)) 
shall apply to a forfeiture under this section.
``Sec. 1933. Investigative authority
    ``The Attorney General and the Secretary of the Treasury shall have 
the authority to investigate offenses under this chapter. The authority 
shall be exercised in accordance with an agreement entered into by the 
Attorney General and the Secretary of the Treasury.''.
    (b) Technical Amendment.--The analysis for part I of title 18, 
United States Code, is amended by inserting after the item for chapter 
93 the following:

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

SEC. 1002. SERIOUS JUVENILE DRUG OFFENSES AS ARMED CAREER CRIMINAL ACT 
              PREDICATES.

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

SEC. 1003. ADULT PROSECUTION OF SERIOUS JUVENILE OFFENDERS.

    Section 5032 of title 18, United States Code, is amended--
            (1) in the first and fourth undesignated paragraphs--
                    (A) by striking ``an offense described in section 
                401 of the Controlled Substances Act (21 U.S.C. 841),'' 
                and inserting ``an offense (or a conspiracy or an 
                attempt to commit an offense) described in section 401 
                of the Controlled Substances Act (21 U.S.C. 841 or 
                846),''; and
                    (B) by striking ``924 (b), (g), or (h)'' and 
                inserting ``924 (b), (g), (h), (j), (k) or (l)'';
            (2) in the first undesignated paragraph by striking ``or 
        (x)'' and inserting ``or section 922(x)'';
            (3) in the fourth undesignated paragraph, by striking the 
        second and third sentences and by inserting ``and with respect 
        to a juvenile 13 years and older alleged to have committed an 
        act after such juvenile's thirteenth birthday which if 
        committed by an adult would be a serious violent felony (as 
        defined in section 3559(c)(2)(F)),'' before ``criminal 
        prosecution on''; and
            (4) in the fifth undesignated paragraph, by inserting at 
        the end the following: ``There shall be a rebuttable 
        presumption that transfer is in the interest of justice for a 
        juvenile who is alleged to have committed an act after such 
        juvenile's fifteenth birthday which if committed by an adult 
        would be a serious violent felony (as defined in section 
        3559(c)(2)(F)).''.

SEC. 1004. INCREASED PENALTIES FOR RECIDIVISTS COMMITTING DRUG CRIMES 
              INVOLVING MINORS.

    (a) Drug Distribution to Minor by Recidivist.--Section 418(b) of 
the Controlled Substances Act (21 U.S.C. 859(b)) is amended by striking 
``one year'' and inserting ``3 years''.
    (b) Use of Minor in Trafficking by Recidivist.--Section 420(c) of 
the Controlled Substances Act (21 U.S.C. 861(b)) is amended by striking 
``one year'' and inserting ``3 years''.

SEC. 1005. AMENDMENTS CONCERNING RECORDS OF CRIMES COMMITTED BY 
              JUVENILES.

    (a) Use of Juvenile Records.--Section 5038 of title 18, United 
States Code, is amended--
            (1) by striking subsections (d) and (f);
            (2) by redesignating subsection (e) as subsection (d); and
            (3) by adding at the end the following new subsections:
    ``(e) When a juvenile has been found guilty of committing an act 
which if committed by an adult would be an offense described in clause 
(3) of the first paragraph of section 5032, the juvenile shall be 
fingerprinted and photographed, and the fingerprints and photograph 
shall be sent to the Federal Bureau of Investigation. The court shall 
also transmit to the Federal Bureau of Investigation the information 
concerning the adjudication, including name, date of adjudication, 
court, offenses, and sentence, and the notation that the matter was a 
juvenile adjudication. The fingerprints, photograph, and other records 
and information relating to a juvenile described in this subsection, or 
to a juvenile who is prosecuted as an adult, shall be made available in 
the manner applicable to adult defendants.
    ``(f) In addition to any other authorization under this section for 
the reporting, retention, disclosure, or availability of records or 
information, if the law of the State in which a Federal juvenile 
delinquency proceeding takes place permits or requires the reporting, 
retention, disclosure, or availability of records or information 
relating to a juvenile or to a juvenile delinquency proceeding or 
adjudication in certain circumstances, then such reporting, retention, 
disclosure, or availability is permitted under this section in the same 
circumstances.''.
    (b) Repeal of Special Probation and Expungement Procedures for Drug 
Offenders.--
            (1) In general.--Section 3607 of title 18, United States 
        Code, is repealed.
            (2) Technical amendment.--The analysis for chapter 229 of 
        title 18, United States Code, is amended by striking the item 
        relating to section 3607.
    (c) Penalty for Distribution of Small Amount of Marihuana.--Section 
401(b)(4) of the Controlled Substances Act (21 U.S.C. 841(b)(4)) is 
amended by striking ``and section 3607 of title 18''.

SEC. 1006. 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.--A person who 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 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. 1007. STEROIDS OFFENSE.

    Section 404 of the Controlled Substance Act (21 U.S.C. 844) is 
amended by inserting after subsection (a) the following:
    ``(b)(1) Whoever, being a physical trainer or adviser to an 
individual, endeavors to persuade or induce that individual to possess 
or use anabolic steroids in violation of subsection (a), shall be fined 
under this title, imprisoned not more than 2 years, or both. If such 
individual has not attained the age of 18 years, the maximum term of 
imprisonment shall be 5 years.
    ``(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 any athletic or physical 
instruction, training, advice, assistance, or other such service to any 
individual.''.

SEC. 1008. DRUG TESTING OF FEDERAL OFFENDERS.

    (a) Conditions of Probation.--Section 3563(a) of title 18, United 
States Code, is amended--
            (1) by redesignating paragraph (4), as added by section 
        20414(b)(3) of the Violent Crime Control and Law Enforcement 
        Act of 1994, as paragraph (5);
            (2) in the undesignated matter following paragraph (5), as 
        so redesignated, by striking ``(4)'' each place it appears and 
        inserting ``(5)''; and
            (3) by inserting ``, hair, or blood'' after ``urine''.
    (b) Conditions of Supervised Release.--Section 3583(d) of title 18, 
United States Code, is amended by inserting ``, hair, or blood'' after 
``urine''.
    (c) Residential Substance Abuse Treatment for Prisoners.--Section 
1902(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3796ff-1) is amended by striking ``urinalysis or other proven 
reliable forms of testing of individuals'' and inserting ``specimen 
testing for drugs, including but not limited to urine, hair, and blood 
testing of individuals''.

                      TITLE XI--PUBLIC CORRUPTION

SEC. 1101. STRENGTHENING OF FEDERAL ANTI-CORRUPTION STATUTES GENERALLY.

    (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, runoff, special, or general election through 
        one or more of the following means, or otherwise--
                    ``(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 deposits or causes to be 
                        deposited any matter or thing whatever to be 
                        sent or delivered by any private or commercial 
                        interstate carrier, or takes or receives 
                        therefrom any such matter or thing, or 
                        knowingly causes to be delivered by mail or 
                        such carrier 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 in 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.--As used in this section--
            ``(1) the term `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;
            ``(2) the term `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, or person who has been 
        selected to be a public official;
            ``(3) the terms `public official' and `person who has been 
        selected to be a public official' include any person acting or 
        pretending to act under color of official authority; and
            ``(4) the term `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.''.
    (b) Technical Amendments.--(1) The 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. 1102. 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 
        in 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 in 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 in interstate commerce.''.

SEC. 1103. 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 that may at any time be 
        pending, or that may be brought before any public official, in 
        such official's official capacity, or in such official's place 
        of trust or profit;
            ``(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, or any 
                political subdivision thereof, in any official 
                function, under or by the authority of any such State 
                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; and
            ``(4) the term `State' means a State of the United States, 
        the District of Columbia, and any commonwealth, territory, or 
        possession of the United States.''.
    (b) 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 XII--ADMINISTRATIVE SUBPOENA

SEC. 1201. AUTHORIZATION FOR UNITED STATES SECRET SERVICE TO ISSUE AND 
              SERVE ADMINISTRATIVE SUMMONSES.

    (a) In General.--Chapter 203 of title 18, United States Code, is 
amended by inserting immediately after 3056 the following new section:
``Sec. 3056A. Administrative summons authority of United States Secret 
              Service
    ``(a) Authority.--Pursuant to regulations promulgated by the 
Secretary of the Treasury in consultation with the Director of the 
United States Secret Service, the Director and supervisory-level 
Special Agents of the United States Secret Service designated by the 
Director may issue in writing and cause to be served a summons 
requiring the production of books, records, papers, documents, or other 
tangible things or objects.
    ``(b) Grounds for Issuance.--The issuance of a summons under this 
section shall be based on a determination by the Director or other 
designated supervisory-level Special Agent, that the person or entity 
served may possess, or have care, custody, or control of, any books, 
records, papers, documents, or other tangible things or objects, in any 
form, relevant to a protective intelligence investigation being 
conducted by the United States Secret Service under section 871, 879, 
or 3056 of this title that involves endangerment to the life or 
physical safety of any person.
    ``(c) Form.--A summons issued under this section shall--
            ``(1) describe the material to be produced with reasonable 
        clarity to enable the material to be identified; and
            ``(2) designate a place and time for the production of such 
        material, including a return date that provides a reasonable 
        period of time within which the material can be assembled and 
        made available.
    ``(d) Service.--A summons issued under this section may be served 
by any agent designated in the summons to make such service. The 
affidavit of the person serving the summons shall be proof of service. 
A summons issued under this section may be served upon a natural person 
by personal delivery of the summons. Service may be made upon a 
domestic or foreign corporation or upon a partnership or other 
unincorporated association by delivering the summons personally or by 
certified or registered mail to an officer, to a managing or general 
agent or to any other agent authorized by appointment, or by the law of 
any State or jurisdiction to receive service of process.
    ``(e) Place of Service.--A summons issued under this section may be 
served at any place within the United States or at any place subject to 
the laws or the jurisdiction of the United States.
    ``(f) Prohibition of Disclosure.--(1) Notwithstanding any other 
provision of Federal, State, or local law, a United States District 
Court judge for the district in which an investigation is pending may, 
upon application of the United States without notice to a summons 
recipient, issue an ex parte order prohibiting any person served with a 
summons issued under this section, or the representative of such 
person, from disclosing to any other person the existence of such 
summons, for a prescribed period of not more than 180 days. Such order 
may be issued upon a showing that the materials being sought may be 
relevant to a legitimate law enforcement or protective intelligence 
inquiry and that there is reason to believe that such disclosure may 
result in endangerment to the life or physical safety of any person. 
The period of nondisclosure may be renewed for additional periods of up 
to 180 days.
    ``(2) Whoever knowingly and willfully discloses or attempts to 
disclose the existence of a summons in violation of this subsection 
shall be subject to imprisonment up to 5 years or fined as provided 
under section 3571 of this title, or both.
    ``(3) Nothing in this subsection shall prohibit any person from 
disclosing the service of a summons issued pursuant to this section to 
any attorney for purposes of filing a petition under subsection (g)(2).
    ``(4) Any third-party recordkeeper, agent, or employee thereof, 
who, in good faith reliance on an order of nondisclosure, produces any 
materials and does not disclose such production to the subject of the 
records shall not be liable to any customer or other person for such 
nondisclosure.
    ``(g) Enforcement.--(1) In the case of contumacy, neglect, or 
refusal to obey a summons issued and served under this section, the 
Attorney General or a designee of the Attorney General, on behalf of 
the Director of the United States Secret Service or a designee of the 
Director, may invoke the aid of any court of the United States within 
which the investigation is pending, the summons was served, or the 
summoned person carries on business or may be found, to compel 
compliance with the summons. Process in any such case may be served in 
any judicial district in which such person may be found.
    ``(2) Not later than 10 days after the service of a summons upon a 
person, or at any time before the return date specified in the summons, 
whichever period is earlier, a person served may file, in the District 
Court of the United States for the judicial district in which the 
investigation is pending, a petition for an order modifying or setting 
aside a summons issued pursuant to subsection (a) or a prohibition of 
disclosure order obtained under subsection (f). An order of 
nondisclosure obtained under subsection (f) shall not be grounds for a 
petition to modify or set aside the summons. The time allowed for 
initiation of formal criminal proceedings under any applicable statute 
of limitations shall be tolled while the petition is pending in court 
or on appeal.
    ``(3) The District Courts of the United States have jurisdiction to 
hear and determine the matters arising under this section, and to enter 
such orders as are necessary to effectuate this section. Failure to 
obey an order entered by the district court may be punished as a 
contempt thereof. Any petition filed or order entered relating to a 
summons issued and served with an order of nondisclosure shall be made 
under seal.''.
    (b) Technical Amendment.--The table of sections for chapter 203 of 
title 18, United States Code, is amended by inserting after the item 
relating to section 3056 the following:

``3056A. Administrative summons authority of United States Secret 
                            Service.''.

                      TITLE XIII--COMPUTER CRIMES

SEC. 1301. PROTECTION OF CLASSIFIED GOVERNMENT INFORMATION.

    Section 1030(a)(1) of title 18, United States Code, is amended--
            (1) by striking ``knowingly accesses'' and inserting 
        ``having knowingly accessed'';
            (2) by striking ``exceeds'' and inserting ``exceeding'';
            (3) by striking ``obtains information'' and inserting 
        ``having obtained information'';
            (4) by striking ``the intent or'';
            (5) by striking ``is to be used'' and inserting ``could be 
        used''; and
            (6) by inserting before the semicolon at the end the 
        following: ``willfully communicates, delivers, transmits, or 
        causes to be communicated, delivered, or transmitted, or 
        attempts to communicate, deliver, transmit or cause to be 
        communicated, delivered, or transmitted the same to any person 
        not entitled to receive it, or willfully retains the same and 
        fails to deliver it to the officer or employee of the United 
        States entitled to receive it''.

SEC. 1302. PROTECTION OF FINANCIAL, GOVERNMENT, AND OTHER COMPUTER 
              INFORMATION.

    Section 1030(a)(2) of title 18, United States Code, is amended--
            (1) by striking ``obtains information'' and inserting 
        ``obtains--
                    ``(A) information''; and
            (2) by adding at the end the following:
                    ``(B) information from any department or agency of 
                the United States; or
                    ``(C) information from any protected computer if 
                the conduct involved an interstate or foreign 
                communication;''.

SEC. 1303. PROTECTION FOR GOVERNMENT COMPUTER SYSTEMS.

    Section 1030(a)(3) of title 18, United States Code, is amended--
            (1) by striking ``the use of the Government's operation of 
        such computer'' and inserting ``that use by or for the 
        Government of the United States''; and
            (2) by striking ``adversely''.

SEC. 1304. INCREASED PENALTIES FOR SIGNIFICANT UNAUTHORIZED USE OF A 
              COMPUTER SYSTEM.

    Section 1030(a)(4) of title 18, United States Code, is amended--
            (1) by striking ``Federal interest'' and inserting 
        ``protected''; and
            (2) by inserting before the semicolon the following: ``and 
        the value of such use is not more than $5,000 in any 1-year 
        period''.

SEC. 1305. PROTECTION FROM DAMAGE TO COMPUTER SYSTEMS.

    Section 1030(a)(5) of title 18, United States Code, is amended to 
read as follows:
            ``(5)(A) knowingly causes the transmission of a program, 
        information, code, or command, and as a result of such conduct, 
        intentionally causes damage without authorization, to a 
        protected computer;
            ``(B) intentionally accesses a protected computer without 
        authorization, and as a result of such conduct, recklessly 
        causes damage; or
            ``(C) intentionally accesses a protected computer without 
        authorization, and as a result of such conduct, causes 
        damage;''.

SEC. 1306. PROTECTION FROM THREATS DIRECTED AGAINST COMPUTER SYSTEMS.

    Section 1030(a) of title 18, United States Code, is amended by 
inserting after paragraph (6) the following new paragraph:
            ``(7) with intent to extort from any person, firm, 
        association, educational institution, financial institution, 
        government entity, or other legal entity, any money or other 
        thing of value, transmits in interstate or foreign commerce any 
        communication containing any threat to cause damage to a 
        protected computer;''.

SEC. 1307. INCREASED PENALTIES FOR RECIDIVISTS AND OTHER SENTENCING 
              CHANGES.

    Section 1030 of title 18, United States Code, is amended--
            (1) in subsection (c)--
                    (A) in paragraph (1), by striking ``such 
                subsection'' each place it appears and inserting ``this 
                section'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A)--
                                    (I) by inserting ``, (a)(5)(C),'' 
                                after ``(a)(3)''; and
                                    (II) by striking ``such 
                                subsection'' and inserting ``this 
                                section'';
                            (ii) by redesignating subparagraph (B) as 
                        subparagraph (C);
                            (iii) by inserting immediately after 
                        subparagraph (A) the following:
                    ``(B) a fine under this title, imprisonment for not 
                more than 5 years, or both, in the case of an offense 
                under subsection (a)(2), if--
                            ``(i) the offense was committed for 
                        purposes of commercial advantage or private 
                        financial gain;
                            ``(ii) the offense was committed in 
                        furtherance of any criminal or tortious act in 
                        violation of the Constitution or laws of the 
                        United States or of any State; or
                            ``(iii) the value of the information 
                        obtained exceeds $5,000;''; and
                            (iv) in subparagraph (C) (as redesignated), 
                        by striking ``such subsection'' and inserting 
                        ``this section'';
                    (C) in paragraph (3)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``(a)(4) or 
                                (a)(5)(A)'' and inserting ``(a)(4), 
                                (a)(5)(A), (a)(5)(B), or (a)(7)''; and
                                    (II) by striking ``such 
                                subsection'' and inserting ``this 
                                section''; and
                            (ii) in subparagraph (B)--
                                    (I) by striking ``(a)(4) or 
                                (a)(5)'' and inserting ``(a)(4), 
                                (a)(5)(A), (a)(5)(B), (a)(5)(C), or 
                                (a)(7)''; and
                                    (II) by striking ``such 
                                subsection'' and inserting ``this 
                                section''; and
                    (D) by striking paragraph (4);
            (2) in subsection (d), by inserting ``subsections 
        (a)(2)(A), (a)(2)(B), (a)(3), (a)(4), (a)(5), and (a)(6) of'' 
        before ``this section.''; and
            (3) in subsection (e)--
                    (A) in paragraph (2)--
                            (i) by striking ``Federal interest'' and 
                        inserting ``protected'';
                            (ii) in subparagraph (A), by striking ``the 
                        use of the financial institution's operation or 
                        the Government's operation of such computer'' 
                        and inserting ``that use by or for the 
                        financial institution or the Government''; and
                            (iii) by amending subparagraph (B) to read 
                        as follows:
                    ``(B) which is used in interstate or foreign 
                commerce or communication;'';
                    (B) in paragraph (6), by striking ``and'' the last 
                place it appears;
                    (C) by striking the period at the end of paragraph 
                (7) and inserting ``; and''; and
                    (D) by adding at the end the following new 
                paragraphs:
            ``(8) the term `damage' means any impairment to the 
        integrity or availability of data, a program, a system, or 
        information, that--
                    ``(A) causes loss aggregating at least $5,000 in 
                value during any 1-year period to one or more 
                individuals;
                    ``(B) modifies or impairs, or potentially modifies 
                or impairs, the medical examination, diagnosis, 
                treatment, or care of one or more individuals;
                    ``(C) causes physical injury to any person; or
                    ``(D) threatens public health or safety; and
            ``(9) the term `government entity' includes the Government 
        of the United States, any State or political subdivision of the 
        United States, any foreign country, and any state, province, 
        municipality, or other political subdivision of a foreign 
        country.''.

SEC. 1308. CIVIL ACTIONS.

    Section 1030(g) of title 18, United States Code, is amended--
            (1) by striking ``, other than a violation of subsection 
        (a)(5)(B),''; and
            (2) by striking ``of any subsection other than subsection 
        (a)(5)(A)(ii)(II)(bb) or (a)(5)(B)(ii)(II)(bb)'' and inserting 
        ``involving damage (as defined in subsection (e)(8)(A))''.

SEC. 1309. MANDATORY REPORTING.

    Section 1030 of title 18, United States Code, is amended by 
striking subsection (h).

SEC. 1310. SENTENCING FOR FRAUD AND RELATED ACTIVITY IN CONNECTION WITH 
              COMPUTERS.

    (a) Study.--Not later than 60 days after the date of enactment of 
this Act, the United States Sentencing Commission shall review existing 
sentencing guideline levels applicable to paragraphs (2), (3), (4), 
(5), and (6) of section 1030(a) of title 18, United States Code, to 
determine the deterrent effect of such sentencing policies.
    (b) Amendments.--Pursuant to its authority under section 994(p) of 
title 28, United States Code, the United States Sentencing Commission 
shall amend the Federal Sentencing Guidelines to ensure that 
individuals convicted under paragraphs (2), (3), (4), (5), and (6) of 
section 1030(a) of title 18, United States Code, are incarcerated for 
not less than 1 year.

SEC. 1311. ASSET FORFEITURE FOR FRAUD AND RELATED ACTIVITY IN 
              CONNECTION WITH COMPUTERS.

    Paragraphs (2), (3), and (4) of section 1030(c) of title 18, United 
States Code, are amended by inserting before the semicolon in each the 
following: ``, and the forfeiture of any property, real or personal, 
used or intended to be used to commit or promote the commission of such 
offense''.

                  TITLE XIV--COMPUTER SOFTWARE PIRACY

SEC. 1401. AMENDMENT OF TITLE 17.

    Section 506(a) of title 17, United States Code, is amended to read 
as follows:
    ``(a) Criminal Infringement.--Any person who willfully infringes a 
copyright--
            ``(1) for purposes of commercial advantage or private 
        financial gain; or
            ``(2) by the malicious reproduction, distribution, or 
        transmission, or assisting others in such reproduction, 
        distribution, or transmission, of one or more copies of one or 
        more copyrighted works with a total market value of $5,000 or 
        more,
shall be punished as provided in section 2319 of title 18.''.

SEC. 1402. AMENDMENT OF TITLE 18.

    Section 2319 of title 18, United States Code, is amended--
            (1) in subsection (b)(1), by striking ``, during any 180-
        day period, of at least 10 copies or phonorecords, or 1 or more 
        copyrighted works, with a retail value of more than $2,500'' 
        and inserting ``, of at least 10 copies or phonorecords are 
        made, or 1 or more copyrighted works, with a retail value of 
        not less than $5,000'';
            (2) by redesignating subsection (c) as subsection (d); and
            (3) by inserting after subsection (b) the following new 
        subsection:
    ``(c) The court, in imposing a sentence on a person convicted of an 
offense described in subsection (b), shall order that the person 
forfeit to the United States any property used or intended to be used 
to commit or promote the commission of such offense.''.

                      TITLE XV--INTERNET GAMBLING

SEC. 1501. AMENDMENT OF TITLE 18 WITH RESPECT TO TRANSMISSION OF 
              WAGERING INFORMATION.

    Section 1084 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``(a) Whoever'' and inserting 
                ``(a)(1) Whoever'';
                    (B) by striking ``wire communication'' each place 
                it appears and inserting ``wire or electronic 
                communication'';
                    (C) by striking ``on any sporting event or 
                contest''; and
                    (D) by adding at the end the following new 
                paragraph:
    ``(2) Whoever being engaged in betting or wagering knowingly uses a 
wire or electronic communication facility for the transmission in 
interstate or foreign commerce of bets or wagers or information 
assisting in the placing of bets or wagers, or for the transmission of 
a wire or electronic communication which entitles the recipient to 
receive money or credit as a result of bets or wagers, or for 
information assisting in the placing of bets or wagers, shall be fined 
not more than $5,000 or imprisoned not more than 1 year, or both.'';
            (2) by redesignating subsection (e) as subsection (f); and
            (3) by inserting after subsection (d) the following new 
        subsection:
    ``(e)(1) Notwithstanding any provision of Federal or State law, in 
imposing sentence on a defendant for a conviction of a violation of 
this section, the court shall order that the defendant forfeit to the 
United States any property, real or personal (including hardware and 
software), involved in the offense, and any property traceable to gross 
profits or other proceeds obtained from the offense.
    ``(2) Proceeds from property forfeited under paragraph (1) shall be 
deposited in an account of the Department of Justice.''.

SEC. 1502. SENTENCING GUIDELINES.

    Not later than 120 days after the date of enactment of this Act, 
the United States Sentencing Commission shall--
            (1) review the deterrent effect of existing guidelines 
        applicable to section 1084 of title 18, United States Code, and 
        report to Congress on the results of the review; and
            (2) promulgate new guidelines or amend existing guidelines 
        to ensure that individuals convicted under such section are 
        imprisoned for not less than 1 year.

SEC. 1503. REPORT.

    Not later than 120 days after the date of enactment of this Act, 
the Attorney General shall submit a report to Congress that includes--
            (1) an analysis of the problems associated with enforcing 
        section 1084 of title 18, United States Code;
            (2) recommendations for the best use of the resources of 
        the Department of Justice to enforce such section;
            (3) recommendations for the best use of the resources of 
        the Federal Communications Commission to enforce such section; 
        and
            (4) an estimate of the amount of activity and money being 
        used to gamble on the Internet.
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