[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 3 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                  S. 3

               To control crime, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 4, 1995

Mr. Dole (for himself, Mr. Hatch, Mr. Thurmond, Mr. Simpson, Mr. Gramm, 
  Mr. Santorum, Mr. Abraham, Mr. DeWine, and Mr. Kyl) 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 ``Violent Crime 
Control and Law Enforcement Improvement 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--INCARCERATION OF VIOLENT CRIMINALS

Sec. 101. Prison grants.
Sec. 102. Repeal.
Sec. 103. Civil rights of institutionalized persons.
Sec. 104. Report on prison work progress.
Sec. 105. Drug treatment for prisoners.
          TITLE II--STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

Sec. 201. Block grant program.
      TITLE III--FEDERAL EMERGENCY LAW ENFORCEMENT ASSISTANCE ACT

Sec. 301. Federal judiciary and Federal law enforcement.
Sec. 302. Drug Enforcement Administration.
                     TITLE IV--CRIMINAL PENALTIES.

Sec. 401. Serious juvenile drug offenses as armed career criminal act 
                            predicates.
Sec. 402. Prosecution of juveniles as adults.
Sec. 403. Availability of fines and supervised release for juvenile 
                            offenders.
Sec. 404. Amendments concerning juvenile records.
Sec. 405. Mandatory minimum prison sentences for persons who use minors 
                            in drug trafficking activities or sell 
                            drugs to minors.
Sec. 406. Mandatory minimum sentencing reform.
Sec. 407. Increased mandatory minimum sentences for criminals using 
                            firearms.
Sec. 408. Penalties for arson.
Sec. 409. Interstate travel or use of mails or a facility in interstate 
                            commerce to further kidnapping.
               TITLE V--FEDERAL CRIMINAL PROCEDURE REFORM

Sec. 501. Obstruction of justice.
Sec. 502. Conduct of Federal prosecutors.
Sec. 503. Fairness in jury selection.
Sec. 504. Balance in the composition of rules committees.
Sec. 505. Reimbursement of reasonable attorneys' fees.
Sec. 506. Mandatory restitution to victims of violent crimes.
Sec. 507. Admissibility of certain evidence.
Sec. 508. General habeas corpus reform.
Sec. 509. Technical amendment.
Sec. 510. Death penalty litigation procedures.
                   TITLE VI--PREVENTION OF TERRORISM

Sec. 601. Willful violation of Federal Aviation Administration 
                            regulations.
Sec. 602. Assaults, murders, and threats against former Federal 
                            officials in performance of official 
                            duties.
Sec. 603. Wiretap authority for alien smuggling and related offenses 
                            and inclusion of alien smuggling as a RICO 
                            predicate.
Sec. 604. Authorization for interceptions of communications in certain 
                            terrorism-related offenses.
Sec. 605. Participation of foreign and State government personnel in 
                            interceptions of communications.
Sec. 606. Disclosure of intercepted communications to foreign law 
                            enforcement agencies.
Sec. 607. Alien terrorist removal.
Sec. 608. Territorial sea.
Sec. 609. Clarification and extension of criminal jurisdiction over 
                            certain terrorism offenses overseas.
Sec. 610. Federal Aviation Administration reporting responsibility.
Sec. 611. Information transfer.
Sec. 612. Extradition.
Sec. 613. Federal Bureau of Investigation report.
Sec. 614. Increased penalties for terrorism crimes.
Sec. 615. Criminal offenses committed outside the United States by 
                            persons accompanying the armed forces.
           TITLE VII--MISCELLANEOUS AND TECHNICAL PROVISIONS

              Subtitle A--Elimination of Certain Programs

Sec. 701. Elimination of certain programs.
        Subtitle B--Amendments Relating to Violent Crime Control

Sec. 711. Violent crime and drug emergency areas repeal.
Sec. 712. Expansion of 18 U.S.C. 1959 to cover commission of all 
                            violent crimes in aid of racketeering 
                            activity and increased penalties.
Sec. 713. Authority to investigate serial killings.
Sec. 714. Firearms and explosives conspiracy.
Sec. 715. Increased penalties for violence in the course of riot 
                            offenses.
Sec. 716. Pretrial detention for possession of firearms or explosives 
                            by convicted felons.
Sec. 717. Elimination of unjustified scienter element for carjacking.
Sec. 718. Theft of vessels.
Sec. 719. Clarification of agreement requirement for RICO conspiracy.
Sec. 720. Addition of attempt coverage for interstate domestic violence 
                            offense.
Sec. 721. Addition of foreign murder as a money laundering predicate.
Sec. 722. Assaults or other crimes of violence for hire.
Sec. 723. Threatening to use a weapon of mass destruction.
Sec. 724. Technical amendments.
        Subtitle C--Amendments Relating to Courts and Sentencing

Sec. 731. Allowing a reduction of sentence for providing useful 
                            investigative information although not 
                            regarding a particular individual.
Sec. 732. Appeals from certain dismissals.
Sec. 733. Elimination of outmoded certification requirement from the 
                            government appeal statute.
Sec. 734. Clarification of meaning of official detention for purposes 
                            of credit for prior custody.
Sec. 735. Limitation on reduction of sentence for substantial 
                            assistance of defendant.
Sec. 736. Improvement of hate crimes sentencing procedure.
Sec. 737. Clarification of length of supervised release terms in 
                            controlled substance cases.
Sec. 738. Authority of court to impose a sentence of probation or 
                            supervised release when reducing a sentence 
                            of imprisonment in certain cases.
Sec. 739. Extension of parole commission to deal with ``old law'' 
                            prisoners.
Sec. 740. Conforming amendments relating to supervised release.
Sec. 741. Repeal of outmoded provisions barring Federal prosecution of 
                            certain offenses.
                  Subtitle D--Miscellaneous Amendments

Sec. 751. Conforming addition to obstruction of civil investigative 
                            demand statute.
Sec. 752. Addition of attempted theft and counterfeiting offenses to 
                            eliminate gaps and inconsistencies in 
                            coverage.
Sec. 753. Clarification of scienter requirement for receiving property 
                            stolen from an Indian tribal organization.
Sec. 754. Larceny involving post office boxes and postal stamp vending 
                            machines.
Sec. 755. Conforming amendment to law punishing obstruction of justice 
                            by notification of existence of a subpoena 
                            for records in certain types of 
                            investigations.
Sec. 756. Closing loophole in offense of altering or removing motor 
                            vehicle identification numbers.
Sec. 757. Application of various offenses to possessions and 
                            territories.
Sec. 758. Adjusting and making uniform the dollar amounts used in title 
                            18 to distinguish between grades of 
                            offenses.
Sec. 759. Conforming amendment concerning marijuana plants.
Sec. 760. Access to certain records.
Sec. 761. Clarification of inapplicability of 18 U.S.C. 2515 to certain 
                            disclosures.
Sec. 762. Clarifying or conforming amendments arising from the 
                            enactment of Public Law 103-322.
Sec. 763. Technical amendments
Sec. 764. Severability.

              TITLE I--INCARCERATION OF VIOLENT CRIMINALS

SEC. 101. PRISON GRANTS.

    Subtitle A of title II of the Violent Crime Control and Law 
Enforcement Act of 1994 and the amendments made thereby are amended to 
read as follows:

 ``Subtitle A--Violent Offender Incarceration and Truth in Sentencing 
                            Incentive Grants

``SEC. 20101. GRANTS FOR CORRECTIONAL FACILITIES.

    ``(a) Grant Authorization.--The Attorney General may make grants to 
individual States and to States organized as multi-State compacts to 
construct, develop, expand, modify, operate, or improve conventional 
correctional facilities, including prisons and jails, for the 
confinement of violent offenders, to ensure that prison cell space is 
available for the confinement of violent offenders and to implement 
truth in sentencing laws for sentencing violent offenders.
    ``(b) Eligibility.--To be eligible to receive a grant under this 
subtitle, a State or States organized as multi-State compacts shall 
submit an application to the Attorney General that includes--
            ``(1)(A) except as provided in subparagraph (B), assurances 
        that the State or States, have implemented, or will implement, 
        correctional policies and programs, including truth in 
        sentencing laws that ensure that violent offenders serve a 
        substantial portion of the sentences imposed, that are designed 
        to provide sufficiently severe punishment for violent 
        offenders, including violent juvenile offenders, and that the 
        prison time served is appropriately related to the 
        determination that the inmate is a violent offender and for a 
        period of time deemed necessary to protect the public;
            ``(B) in the case of a State that on the date of enactment 
        of the Violent Crime Control and Law Enforcement Improvement 
        Act of 1995 practices indeterminant sentencing, a demonstration 
        that average times served for the offenses of murder, rape, 
robbery, and assault in the State exceed by at least 10 percent the 
national average of time served for such offenses in all of the States;
            ``(2) assurances that the State or States have implemented 
        policies that provide for the recognition of the rights and 
        needs of crime victims;
            ``(3) assurances that funds received under this section 
        will be used to construct, develop, expand, modify, operate, or 
        improve conventional correctional facilities;
            ``(4) assurances that the State or States have involved 
        counties and other units of local government, when appropriate, 
        in the construction, development, expansion, modification, 
        operation, or improvement of correctional facilities designed 
        to ensure the incarceration of violent offenders, and that the 
        State or States will share funds received under this section 
        with counties and other units of local government, taking into 
        account the burden placed on the units of local government when 
        they are required to confine sentenced prisoners because of 
        overcrowding in State prison facilities;
            ``(5) assurances that funds received under this section 
        will be used to supplement, not supplant, other Federal, State, 
        and local funds;
            ``(6) assurances that the State or States have implemented, 
        or will implement not later than 18 months after the date of 
        enactment of the Violent Crime Control and Law Enforcement 
        Improvement Act of 1995, policies to determine the veteran 
        status of inmates and to ensure that incarcerated veterans 
        receive the veterans benefits to which they are entitled; and
            ``(7) if applicable, documentation of the multi-State 
        compact agreement that specifies the construction, development, 
        expansion, modification, operation, or improvement of 
        correctional facilities.

``SEC. 20102. TRUTH IN SENTENCING INCENTIVE GRANTS.

    ``(a) Truth in Sentencing Grant Program.--Fifty percent of the 
total amount of funds appropriated to carry out this subtitle for each 
of fiscal years 1996, 1997, 1998, 1999, and 2000 shall be made 
available for truth in sentencing incentive grants. To be eligible to 
receive such a grant, a State must meet the requirements of section 
20101(b) and shall demonstrate that the State--
            ``(1) has in effect laws that require that persons 
        convicted of violent crimes serve not less than 85 percent of 
        the sentence imposed;
            ``(2) since 1993--
                    ``(A) has increased the percentage of convicted 
                violent offenders sentenced to prison;
                    ``(B) has increased the average prison time that 
                will be served in prison by convicted violent offenders 
                sentenced to prison; and
                    ``(C) has in effect at the time of application laws 
                requiring that a person who is convicted of a violent 
                crime shall serve not less than 85 percent of the 
                sentence imposed if--
                            ``(i) the person has been convicted on 1 or 
                        more prior occasions in a court of the United 
                        States or of a State of a violent crime or a 
                        serious drug offense; and
                            ``(ii) each violent crime or serious drug 
                        offense was committed after the defendant's 
                        conviction of the preceding violent crime or 
                        serious drug offense; or
            ``(3) in the case of a State that on the date of enactment 
        of the Violent Crime Control and Law Enforcement Improvement 
        Act of 1995 practices indeterminant sentencing, a demonstration 
        that average times served for the offenses of murder, rape, 
        robbery, and assault in the State exceed by at least 10 percent 
        the national average of time served for such offenses in all of 
        the States.
    ``(b) Allocation of Truth in Sentencing Incentive Funds.--The 
amount available to carry out this section for any fiscal year shall be 
allocated to each eligible State in the ratio that the number of part 1 
violent crimes reported by such State to the Federal Bureau of 
Investigation for the previous year bears to the number of part 1 
violent crimes reported by all States to the Federal Bureau of 
Investigation for the previous year.

``SEC. 20103. VIOLENT OFFENDER INCARCERATION GRANTS.

    ``(a) Violent Offender Incarceration Grant Program.--Fifty percent 
of the total amount of funds appropriated to carry out this subtitle 
for each of fiscal years 1996, 1997, 1998, 1999, and 2000 shall be made 
available for violent offender incarceration grants. To be eligible to 
receive such a grant, a State or States must meet the requirements of 
section 20101(b).
    ``(b) Allocation of Violent Offender Incarceration Funds.--Funds 
made available to carry out this section shall be allocated as follows:
            ``(1) 0.6 percent shall be allocated to each eligible 
        State, except that the United States Virgin Islands, American 
        Samoa, Guam, and the Northern Mariana Islands each shall be 
        allocated 0.05 percent.
            ``(2) The amount remaining after application of paragraph 
        (1) shall be allocated to each eligible State in the ratio that 
        the number of part 1 violent crimes reported by such State to 
        the Federal Bureau of Investigation for the previous year bears 
        to the number of part 1 violent crimes reported by all States 
        to the Federal Bureau of Investigation for the previous year.

``SEC. 20104. RULES AND REGULATIONS.

    ``(a) In General.--Not later than 90 days after the date of 
enactment of the Violent Crime Control and Law Enforcement Improvement 
Act of 1995, the Attorney General shall issue rules and regulations 
regarding the uses of grant funds received under this subtitle.
    ``(b) Best Available Data.--If data regarding part 1 violent crimes 
in any State for the previous year is unavailable or substantially 
inaccurate, the Attorney General shall utilize the best available 
comparable data regarding the number of violent crimes for the previous 
year for the State for the purposes of allocation of funds under this 
subtitle.

``SEC. 20105. DEFINITIONS.

    ``In this subtitle--
            ``(1) the term `part 1 violent crimes' means murder and 
        non-negligent manslaughter, forcible rape, robbery, and 
        aggravated assault as reported to the Federal Bureau of 
        Investigation for purposes of the Uniform Crime Reports;
            ``(2) the term `State' or `States' means a State, the 
        District of Columbia, the Commonwealth of Puerto Rico, the 
        United States Virgin Islands, American Samoa, Guam, and the 
        Northern Mariana Islands; and
            ``(3) the term `indeterminate sentencing' means a system by 
        which the court has discretion in imposing the actual length of 
        the sentence, up to the statutory maximum, and an 
        administrative agency, or the court, controls release between 
        court-ordered minimum and maximum sentence.

``SEC. 20106. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this 
subtitle--
            ``(1) $1,000,000,000 for fiscal year 1996;
            ``(2) $1,150,000,000 for fiscal year 1997;
            ``(3) $2,100,000,000 for fiscal year 1998;
            ``(4) $2,200,000,000 for fiscal year 1999; and
            ``(5) $2,270,000,000 for fiscal year 2000.''.

SEC. 102. REPEAL.

    Subtitle B of title II of the Violent Crime and Law Enforcement Act 
of 1994 is repealed.

SEC. 103. CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS.

    (a) Repeal.--Section 20416 of the Violent Crime Control and Law 
Enforcement Act of 1994, and the amendments made by that section, are 
repealed.
    (b) Exhaustion Requirement.--Section 7(a) of the Civil Rights of 
Institutionalized Persons Act (42 U.S.C. 1997e) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``in any action brought'' and 
                inserting ``no action shall be brought'';
                    (B) by striking ``the court shall'' and all that 
                follows through ``require exhaustion of'' and insert 
                ``until''; and
                    (C) by inserting ``and exhausted'' after 
                ``available''; and
            (2) in paragraph (2) by inserting ``or are otherwise fair 
        and effective'' before the period at the end.
    (c) Frivolous Actions.--Section 7(a) of the Civil Rights of 
Institutionalized Persons Act (42 U.S.C. 1997e(a)) is amended by adding 
at the end the following:
            ``(3) The court shall on its own motion or on motion of a 
        party dismiss any action brought pursuant to section 1979 of 
        the Revised Statutes of the United States by an adult convicted 
        of a crime and confined in any jail, prison, or other 
        correctional facility if the court is satisfied that the action 
        fails to state a claim upon which relief can be granted or is 
        frivolous or malicious.''.
    (d) Modification of Required Minimum Standards.--Section 7(b)(2) of 
the Civil Rights of Institutionalized Persons Act (42 U.S.C. 
1997e(b)(2)) is amended--
            (1) by striking subparagraph (A); and
            (2) by redesignating subparagraphs (B) through (E) as 
        subparagraphs (A) through (D), respectively.
    (e) Review and Certification Procedure Changes.--Section 7(c) of 
the Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997e(c)) 
is amended--
            (1) in paragraph (1), by inserting ``or are otherwise fair 
        and effective'' before the period at the end; and
            (2) in paragraph (2), by inserting ``or is no longer fair 
        and effective'' before the period at the end.
    (f) Proceedings In Forma Pauperis.--
            (1) Dismissal.--Section 1915(d) of title 28, United States 
        Code, is amended--
                    (A) by inserting ``at any time'' after ``counsel 
                and may'';
                    (B) by striking ``and may'' and inserting ``and 
                shall'';
                    (C) by inserting ``fails to state a claim upon 
                which relief may be granted or'' after ``that the 
                action''; and
                    (D) by inserting ``, even if partial filing fees 
                have been imposed by the court'' before the period.
            (2) Prisoner's statement of assets.--Section 1915 of title 
        28, United States Code, is amended by adding at the end the 
        following:
    ``(f) If a prisoner in a correctional institution files an 
affidavit in accordance with subsection (a), such prisoner shall 
include in the affidavit a statement of all assets the prisoner 
possesses. The court shall make inquiry of the correctional institution 
in which the prisoner is incarcerated for information available to such 
institution relating to the extent of the prisoner's assets. The court 
shall require full or partial payment of filing fees according to the 
prisoner's ability to pay.''.

SEC. 104. REPORT ON PRISON WORK PROGRESS.

    (a) Findings.--The Senate finds that--
            (1) Federal Prison Industries was created by Congress in 
        1934 as a wholly owned, nonprofit government corporation 
        directed to train and employ Federal prisoners;
            (2) traditionally, one-half of the Federal prison inmates 
        had meaningful prison jobs; now, with the increasing prison 
        population, less than one-quarter are employed in prison 
        industry positions;
            (3) expansion of the product lines and services of Federal 
        Prison Industries beyond its traditional lines of business will 
        enable more Federal prison inmates to work, and such expansion 
        must occur so as to minimize any adverse impact on the private 
        sector and labor; and
            (4) all able-bodied Federal prison inmates should work.
    (b) Report.--
            (1) In general.--In an effort to achieve the goal of full 
        Federal prison inmate employment, the Attorney General, in 
        consultation with the Director of the Bureau of Prisons, the 
        Secretary of Labor, the Secretary of Defense, the Administrator 
        of the General Services Administration, and the private sector 
        and labor, shall submit a report to Congress not later than 
September 1, 1996, that describes a strategy for employing more Federal 
prison inmates;
            (2) Contents.--The report shall--
                    (A) contain a review of existing lines of business 
                of Federal Prison Industries;
                    (B) consider the findings and recommendations of 
                the final report of the Summit on Federal Prison 
                Industries (June 1992-July 1993);
                    (C) make recommendations for legislation and 
                changes in existing law that may be necessary for the 
                Federal Prison Industries to employ more Federal prison 
                inmates; and
                    (D) focus on--
                            (i) the creation of new job opportunities 
                        for Federal prison inmates;
                            (ii) the degree to which any expansion of 
                        lines of business of Federal Prison Industries 
                        may adversely affect the private sector or 
                        displace domestic labor; and
                            (iii) the degree to which opportunities for 
                        partnership between Federal Prison Industries 
                        and small business can be fostered.

SEC. 105. DRUG TREATMENT FOR PRISONERS.

    Section 3621(e) of title 18, United States Code (as added by 
section 32001 of the Violent Crime Control and Law Enforcement Act of 
1994) is amended--
            (1) by striking paragraph (2);
            (2) by redesignating paragraphs (3), (4), (5), and (6) as 
        paragraphs (2), (3), (4), and (5), respectively; and
            (3) in paragraph (2), as redesignated by paragraph (2)--
                    (A) by striking ``and'' at the end of subparagraph 
                (B);
                    (B) by striking the period at the end of 
                subparagraph (C) and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(D) a full examination and evaluation of the 
                effectiveness of the treatment in reducing drug use 
                among prisoners.''.

          TITLE II--STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

SEC. 201. BLOCK GRANT PROGRAM.

    Title I of the Violent Crime Control and Law Enforcement Act of 
1994 is amended to read as follows:

         ``TITLE I--STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

``SEC. 10001. BLOCK GRANTS TO STATES.

    ``(a) In General.--The Attorney General shall make grants under 
this title to States for use by State and local governments to--
            ``(1) hire, train, and employ on a continuing basis, new 
        law enforcement officers and necessary support personnel;
            ``(2) pay overtime to currently employed law enforcement 
        officers and necessary support personnel;
            ``(3) procure equipment, technology, and other material 
        that is directly related to basic law enforcement functions, 
        such as the detection or investigation of crime, or the 
        prosecution of criminals; and
            ``(4) establish and operate cooperative programs between 
        community residents and law enforcement agencies for the 
        control, detection, or investigation of crime, or the 
        prosecution of criminals.
    ``(b) Law Enforcement Trust Funds.--Funds received by a State or 
unit of local government under this title may be reserved in a trust 
fund established by the State or unit of local government to fund the 
future needs of programs authorized under subsection (a).
    ``(c) Allocation and Distribution of Funds.--
            ``(1) Allocation.--The amount made available pursuant to 
        section 10003 shall be allocated as follows:
                    ``(A) 0.6 percent shall be allocated to each of the 
                participating States.
                    ``(B) After the allocation under subparagraph (A), 
                the remainder shall be allocated on the basis of the 
                population of each State as determined by the 1990 
                decennial census as adjusted annually, by allocating to 
                each State an amount bearing the same ratio to the 
                total amount to be allocated under this subparagraph as 
                the population of the State bears to the population of 
                all States.
            ``(2) Distribution to local governments.--
                    ``(A) In general.--A State receiving a grant under 
                this title shall ensure that not less than 85 percent 
                of the funds received are distributed to units of local 
                government.
                    ``(B) Limitation.--Not more than 2.5 percent of 
                funds received by a State in any grant year shall be 
                used for costs associated with the administration and 
                distribution of grant money.
    ``(d) Disbursement.--
            ``(1) In general.--The Attorney General shall issue 
        regulations establishing procedures under which a State may 
        receive assistance under this title.
            ``(2) General requirements for qualification.--A State 
        qualifies for a payment under this title for a payment period 
        only if the State establishes that--
                    ``(A) the State will establish a segregated account 
                in which the government will deposit all payments 
                received under this title;
                    ``(B) the State will expend the payments in 
                accordance with the laws and procedures that are 
                applicable to the expenditure of revenues of the State;
                    ``(C) the State will use accounting, audit, and 
                fiscal procedures that conform to guidelines that shall 
                be prescribed by the Attorney General after 
                consultation with the Comptroller General of the United 
                States and, as applicable, amounts received under this 
                title shall be audited in compliance with the Single 
                Audit Act of 1984;
                    ``(D) after reasonable notice to a State, the State 
                will make available to the Attorney General and the 
                Comptroller General of the United States, with the 
                right to inspect, records that the Attorney General or 
                Comptroller General of the United States reasonably 
                requires to review compliance with this title;
                    ``(E) the State will make such reports as the 
                Attorney General reasonably requires, in addition to 
                the annual reports required under this title; and
                    ``(F) the State will expend the funds only for the 
                purposes set forth in subsection (a).
            ``(3) Sanctions for noncompliance.--
                    ``(A) In general.--If the Attorney General finds 
                that a State has not complied substantially with 
                paragraph (2) or regulations prescribed under such 
                paragraph, the Attorney General shall notify the State. 
                The notice shall provide that if the State does not 
                initiate corrective action within 30 days after the 
                date on which the State receives the notice, the 
                Attorney General will withhold additional payments to 
                the State for the current payment period and later 
                payment periods. Payments shall be withheld until such 
                time as the Attorney General determines that the 
                State--
                            ``(i) has taken the appropriate corrective 
                        action; and
                            ``(ii) will comply with paragraph (2) and 
                        the regulations prescribed under such 
                        paragraph.
                    ``(B) Notice.--Before giving notice under 
                subparagraph (A), the Attorney General shall give the 
                chief executive officer of the State reasonable notice 
                and an opportunity for comment.
                    ``(C) Payment conditions.--The Attorney General 
                shall make a payment to a State under subparagraph (A) 
                only if the Attorney General determines that the 
                State--
                            ``(i) has taken the appropriate corrective 
                        action; and
                            ``(ii) will comply with paragraph (2) and 
                        regulations prescribed under such paragraph.

``SEC. 10002. APPLICATIONS.

    ``(a) The Attorney General shall make grants under this title only 
if a State has submitted an application to the Attorney General in such 
form, and containing such information, as is the Attorney General may 
reasonably require.

``SEC. 10003. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this title--
            ``(1) $2,050,000,000 for fiscal year 1996;
            ``(2) $2,150,000,000 for fiscal year 1997;
            ``(3) $1,900,000,000 for fiscal year 1998;
            ``(4) $1,900,000,000 for fiscal year 1999; and
            ``(5) $468,000,000 for fiscal year 2000.

``SEC. 10004. LIMITATION ON USE OF FUNDS.

    ``Funds made available to States under this title shall not be used 
to supplant State or local funds, but shall be used to increase the 
amount of funds that would, in the absence of Federal funds received 
under this title, be made available from State or local sources.''.

      TITLE III--FEDERAL EMERGENCY LAW ENFORCEMENT ASSISTANCE ACT

SEC. 301. FEDERAL JUDICIARY AND FEDERAL LAW ENFORCEMENT.

    Title XIX of the Violent Crime Control and Law Enforcement Act of 
1994 is amended to read as follows:

``SEC. 190001. FEDERAL JUDICIARY AND FEDERAL LAW ENFORCEMENT.

    ``(a) Authorization of Additional Appropriations for the Federal 
Judiciary.-- There are authorized to be appropriated for the activities 
of the Federal Judiciary to help meet the increased demands for 
judicial activities, including supervised release, and pretrial and 
probation services, that will result from this Act--
            ``(1) $30,000,000 for fiscal year 1996;
            ``(2) $35,000,000 for fiscal year 1997;
            ``(3) $40,000,000 for fiscal year 1998;
            ``(4) $40,000,000 for fiscal year 1999; and
            ``(5) $55,000,000 for fiscal year 2000.
    ``(b) Authorization of Additional Appropriations for the Department 
of Justice.--There are authorized to be appropriated for the activities 
and agencies of the Department of Justice, in addition to sums 
authorized elsewhere in this section, to help meet the increased 
demands for Department of Justice activities that will result from this 
Act--
            ``(1) $40,000,000 for fiscal year 1996;
            ``(2) $40,000,000 for fiscal year 1997;
            ``(3) $40,000,000 for fiscal year 1998;
            ``(4) $40,000,000 for fiscal year 1999; and
            ``(5) $39,000,000 for fiscal year 2000.
    ``(c) Authorization of Additional Appropriations for the Federal 
Bureau of Investigation.--There are authorized to be appropriated for 
the activities of the Federal Bureau of Investigation, to help meet the 
increased demands for Federal Bureau of Investigation activities that 
will result from this Act--
            ``(1) $203,150,000 for fiscal year 1996;
            ``(2) $184,500,000 for fiscal year 1997;
            ``(3) $284,000,000 for fiscal year 1998;
            ``(4) $147,500,000 for fiscal year 1999; and
            ``(5) $125,850,000 for fiscal year 2000.
    ``(d) Authorization of Additional Appropriations for United States 
Attorneys.--There are authorized to be appropriated for the account 
Department of Justice, Legal Activities, Salaries and Expenses, United 
States Attorneys, to help meet the increased demands for litigation and 
related activities that will result from this Act--
            ``(1) $15,000,000 for fiscal year 1996;
            ``(2) $23,000,000 for fiscal year 1997;
            ``(3) $30,000,000 for fiscal year 1998;
            ``(4) $37,000,000 for fiscal year 1999; and
            ``(5) $45,000,000 for fiscal year 2000.
    ``(e) Authorization of Additional Appropriations for the Department 
of the Treasury.--There are authorized to be appropriated for the 
activities of the Bureau of Alcohol, Tobacco, and Firearms, the United 
States Custom Service, the Financial Crimes Enforcement Network, the 
Federal Law Enforcement Training Center, the Criminal Investigation 
Division of the Internal Revenue Service, and the United States Secret 
Service to help meet the increased demands for Department of the 
Treasury activities that will result from this Act--
            ``(1) $30,000,000 for fiscal year 1995;
            ``(2) $70,000,000 for fiscal year 1996;
            ``(3) $90,000,000 for fiscal year 1997;
            ``(4) $110,000,000 for fiscal year 1998;
            ``(5) $125,000,000 for fiscal year 1999; and
            ``(6) $125,000,000 for fiscal year 2000.''.

SEC. 302. DRUG ENFORCEMENT ADMINISTRATION.

    Section 180104 of the Violent Crime Control and Law Enforcement Act 
of 1994 is amended to read as follows:

``SEC. 180104. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE DRUG 
              ENFORCEMENT ADMINISTRATION.

    ``There are authorized to be appropriated for the activities of the 
Drug Enforcement Administration, to help meet the increased demands for 
Drug Enforcement Adminsitration activities that will result from this 
Act--
            ``(1) $42,000,000 for fiscal year 1996;
            ``(2) $55,000,000 for fiscal year 1997;
            ``(3) $70,000,000 for fiscal year 1998;
            ``(4) $85,000,000 for fiscal year 1999; and
            ``(5) $98,000,000 for fiscal year 2000.''.

                     TITLE IV--CRIMINAL PENALTIES.

SEC. 401. 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) in clause (ii), by striking the semicolon and inserting 
        ``or which, if it had been prosecuted as a violation of the 
        Controlled Substances Act (21 U.S.C. 801 et seq.) at the time 
        of the offense, and because of the type and quantity of the 
        controlled substance involved, would have been punishable by a 
        maximum term of imprisonment of ten years or more; 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. 402. PROSECUTION OF JUVENILES AS ADULTS.

    (a) Serious Juvenile Offenders.--
            (1) Repeal.--Section 150002 of the Violent Crime Control 
        and Law Enforcement Act of 1994, and the amendments made by 
        that section, are repealed.
            (2) Adult prosecution of serious juvenile offenders.--
        Section 5032 of title 18, United States Code, is amended--
                    (A) in the first undesignated paragraph--
                            (i) by striking ``an offense described in 
                        section 401 of the Controlled Substances Act 
                        (21 U.S.C 841), or section 1002(a), 1003, 1005, 
                        1009, or 1010(b) (1), (2), or (3) of the 
                        Controlled Substances Import and Export Act (21 
                        U.S.C. 952(a), 953, 955, 959, 960(b) (1), (2), 
                        (3)),'' and inserting ``an offense (or a 
                        conspiracy or attempt to commit an offense) 
                        described in section 401, or 404 (insofar as 
                        the violation involves more than 5 grams of a 
                        mixture or substance which contains cocaine 
                        base), of the Controlled Substances Act (21 
                        U.S.C. 841, 844, or 846), section 1002(a), 
                        1003, 1005, 1009, 1010(b) (1), (2), or (3), of 
                        the Controlled Substances Import and Export Act 
                        (21 U.S.C. 952(a), 953, 955, 959, 960(b) (1), 
                        (2), or (3), or 963),''; and
                            (ii) by striking ``922(p)'' and inserting 
                        ``924 (b), (g), or (h)'';
                    (B) in the fourth undesignated paragraph--
                            (i) by striking ``an offense described in 
                        section 401 of the Controlled Substances Act 
                        (21 U.S.C. 841), or section 1002(a), 1005, or 
                        1009 of the Controlled Substances Import and 
                        Export Act (21 U.S.C. 952(a), 955, 959)'' and 
                        inserting ``an offense (or a conspiracy or 
                        attempt to commit an offense) described in 
                        section 401, or 404 (insofar as the violation 
                        involves more than 5 grams of a mixture or 
                        substance which contains cocaine base), of the 
                        Controlled Substances Act (21 U.S.C. 841, 844, 
                        or 846), section 1002(a), 1005, 1009, 1010(b) 
                        (1), (2), or (3), of the Controlled Substances 
                        Import and Export Act (21 U.S.C. 952(a), 955, 
                        959, 960(b) (1), (2), or (3), or 963), or 
                        section 924(b), (g), or (h) of this title,''; 
                        and
                            (ii) by striking ``subsection (b)(1) (A), 
                        (B), or (C), (d), or (e) of section 401 of the 
                        Controlled Substances Act, or section 1002(a), 
                        1003, 1009, or 1010(b) (1), (2), or (3) of the 
                        Controlled Substances Import and Export Act (21 
                        U.S.C. 952(a), 953, 959, 960(b) (1), (2), 
                        (3))'' and inserting ``or an offense (or 
                        conspiracy or attempt to commit an offense) 
                        described in section 401(b)(1) (A), (B), or 
                        (C), (d), or (e), or 404 (insofar as the 
                        violation involves more than 5 grams of a 
                        mixture or substance which contains cocaine 
                        base), of the Controlled Substances Act (21 
                        U.S.C. 841(b)(1) (A), (B), or (C), (d), or (e), 
                        844, or 846) or section 1002(a), 1003, 1009, 
                        1010(b) (1), (2), or (3) of the Controlled 
                        Substances Import and Export Act (21 U.S.C. 
                        952(a), 953, 959, 960(b) (1), (2), or (3), or 
                        963)''; and
                    (C) in the fifth undesignated paragraph by adding 
                at the end the following: ``In considering the nature 
                of the offense, as required by this paragraph, the 
                court shall consider the extent to which the juvenile 
                played a leadership role in an organization, or 
                otherwise influenced other persons to take part in 
                criminal activities, involving the use or distribution 
                of controlled substances or firearms. Such a factor, if 
                found to exist, shall weigh heavily in favor of a 
                transfer to adult status, but the absence of this 
                factor shall not preclude such a transfer.''.
    (b) Crimes of Violence.--
            (1) Repeal.--Section 140001 of the Violent Crime Control 
        and Law Enforcement Act of 1994, and the amendments made by 
        that section, are repealed.
            (2) Prosecution as adults of violent juvenile offenders.--
        Section 5032 of title 18, United States Code, is amended by 
        adding at the end the following new paragraphs:
    ``Notwithstanding any other provision of this section or any other 
law, a juvenile who was 13 years of age or older on the date of the 
commission of an offense under section 113 (a), (b), or (c), 1111, 
1113, 2111, 2113, or 2241 (a) or (c), shall be prosecuted as an adult 
in Federal court. No juvenile prosecuted as an adult under this 
paragraph shall be incarcerated in an adult prison.
    ``If a juvenile prosecuted under this paragraph is convicted, the 
juvenile shall be entitled to file a petition for resentencing pursuant 
to applicable sentencing guidelines when the juvenile reaches the age 
of 16.
    ``The United States Sentencing Commission shall promulgate 
guidelines, or amend existing guidelines, if necessary, to carry out 
this section. For resentencing determinations pursuant to the preceding 
paragraph, the Commission may promulgate guidelines, if necessary to 
permit sentencing adjustments that may include adjustments that provide 
for supervised release for defendants who have clearly demonstrated--
            ``(A) an exceptional degree of responsibility for the 
        offense; and
            ``(B) a willingness and ability to refrain from further 
        criminal conduct.''.

SEC. 403. AVAILABILITY OF FINES AND SUPERVISED RELEASE FOR JUVENILE 
              OFFENDERS.

    Section 5037 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in the first sentence by striking ``subsection 
                (d)'' and inserting ``subsection (e)''; and
                    (B) in the second sentence, by striking ``place him 
                on probation, or commit him to official detention'' and 
                inserting ``place the juvenile on probation, commit the 
                juvenile to official detention (including the 
                possibility of a term of supervised release), or impose 
                any fine that would be authorized if the juvenile had 
                been convicted as an adult'';
            (2) by redesignating subsection (d) as subsection (e); and
            (3) by adding after subsection (c) the following new 
        subsection:
    ``(d) The term for which supervised release may be ordered for a 
juvenile found to be a juvenile delinquent may not extend--
            ``(1) in the case of a juvenile who is less than 18 years 
        old, beyond the earlier of--
                    ``(A) five years after the date on which the 
                juvenile becomes 21 years old; or
                    ``(B) the maximum supervised release term that 
                would be authorized by section 3583(b) if the juvenile 
                had been tried and convicted as an adult; or
            ``(2) in the case of a juvenile who is between 18 and 21 
        years old--
                    ``(A) who if convicted as an adult would be 
                convicted of a Class A, B, or C felony, beyond 5 years 
                after the juvenile's release from official detention; 
                or
                    ``(B) in any other case beyond the lesser of--
                            ``(i) 3 years; or
                            ``(ii) the maximum term of supervised 
                        release that would be authorized if the 
                        juvenile had been tried and convicted as an 
                        adult.''.

SEC. 404. AMENDMENTS CONCERNING JUVENILE RECORDS.

    (a) 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 subsection (e):
    ``(e) Whenever a juvenile has been found guilty of committing an 
act which if committed by an adult would be an offense described in 
clause (3) of the first paragraph of section 5032, the juvenile shall 
be fingerprinted and photographed, and the fingerprints and photograph 
shall be sent to the Federal Bureau of Investigation, Identification 
Division. The court shall also transmit to the Federal Bureau of 
Investigation, Identification Division, the information concerning the 
adjudication, including name, date of adjudication, court, offenses, 
and sentence, along with the notation that the matter was a juvenile 
adjudication. The fingerprints, photograph, and other records and 
information relating to a juvenile described in this subsection, or to 
a juvenile who is prosecuted as an adult, shall be made available in 
the manner applicable to adult defendants.''.

SEC. 405. MANDATORY MINIMUM PRISON SENTENCES FOR PERSONS WHO USE MINORS 
              IN DRUG TRAFFICKING ACTIVITIES OR SELL DRUGS TO MINORS.

    (a) Employment of Persons under 18 Years of Age.--Section 420 of 
the Controlled Substances Act (21 U.S.C. 861) is amended--
            (1) in subsection (b), by adding at the end the following: 
        ``Except to the extent a greater minimum sentence is otherwise 
        provided, a term of imprisonment of a person 21 or more years 
        of age convicted of drug trafficking under this subsection 
        shall be not less than 10 years. Notwithstanding any other law, 
        the court shall not place on probation or suspend the sentence 
        of any person sentenced under the preceding sentence.''; and
            (2) in subsection (c) by inserting after the second 
        sentence the following: ``Except to the extent a greater 
        minimum sentence is otherwise provided, a term of imprisonment 
        of a person 21 or more years of age convicted of drug 
        trafficking under this subsection shall be a mandatory term of 
        life imprisonment. Notwithstanding any other law, the court 
        shall not place on probation or suspend the sentence of any 
        person sentenced under the preceding sentence.''.
    (b) Mandatory Minimum Prison Sentences for Persons Convicted of 
Distribution of Drugs to Minors.--
            (1) In general.--Section 418 of the Controlled Substances 
        Act (21 U.S.C. 859) is amended--
                    (A) in subsection (a)--
                            (i) by striking ``twenty-one'' and 
                        inserting ``eighteen'';
                            (ii) by striking ``eighteen'' and inserting 
                        ``twenty-one'';
                            (iii) by striking ``not less than one 
                        year'' and inserting ``not less than ten 
                        years''; and
                            (iv) by striking the last sentence;
                    (B) in subsection (b)--
                            (i) by striking ``twenty-one'' and 
                        inserting ``eighteen'';
                            (ii) by striking ``eighteen'' and inserting 
                        ``twenty-one'';
                            (iii) by striking ``not less than one 
                        year'' and inserting ``a mandatory term of life 
                        imprisonment'';
                            (iv) by striking the last sentence; and
                    (C) by adding at the end the following new 
                subsection:
    ``(c) Offenses Involving Small Quantities of Marijuana.--The 
mandatory minimum sentencing provisions of this section shall not apply 
to offenses involving five grams or less of marijuana.''; and
                    (D) in the section heading by striking ``twenty-
                one'' and inserting ``eighteen''.
            (2) Technical amendment.--The chapter analysis for chapter 
        13 of title 21, United States Code, is amended in the item 
        relating to section 859, by striking ``twenty-one'' and 
        inserting ``eighteen''.
    (c) Penalties for Drug Offenses in Drug-Free Zones.--
            (1) Repeal.--Section 90102 of the Violent Crime Control and 
        Law Enforcement Act of 1994 is repealed.
            (2) Increased penalties.--Section 419 of the Controlled 
        Substances Act (21 U.S.C. 860) is amended--
                    (A) in subsection (a)--
                            (i) by striking ``not less than one year'' 
                        and inserting ``not less than five years''; and
                            (ii) by striking the last sentence;
                    (B) in subsection (b), by striking ``not less than 
                three years'' and inserting ``not less than ten 
                years'';
                    (C) by redesignating subsections (c), (d), and (e) 
                as subsections (d), (e), and (f), respectively; and
                    (D) by inserting after subsection (b) the following 
                new subsection:
    ``(c) Offenses Involving Small Quantities of Marijuana.--The 
mandatory minimum sentencing provisions of this section shall not apply 
to offenses involving five grams or less of marijuana.''.

SEC. 406. MANDATORY MINIMUM SENTENCING REFORM.

    (a) Repeal.--Title VIII of the Violent Crime Control and Law 
Enforcement Act of 1994, and the amendments made by that title, is 
repealed.
    (b) Flexibility in Application of Mandatory Minimum Sentence 
Provisions in Certain Circumstances.--
            (1) Amendment of title 18, united states code.--Section 
        3553 of title 18, United States Code, is amended by adding at 
        the end the following new subsection:
    ``(f) Mandatory Minimum Sentence Provisions.--
            ``(1) Sentencing under this section.--In the case of an 
        offense described in paragraph (2), the court shall, 
        notwithstanding the requirement of a mandatory minimum sentence 
        in that section, impose a sentence in accordance with this 
        section and the sentencing guidelines and any pertinent policy 
        statement issued by the United States Sentencing Commission.
            ``(2) Offenses.--An offense is described in this paragraph 
        if--
                    ``(A) the defendant is subject to a mandatory 
                minimum term of imprisonment under section 401 or 402 
                of the Controlled Substances Act (21 U.S.C. 841 and 
                844) or section 1010 of the Controlled Substances 
                Import and Export Act (21 U.S.C. 960);
                    ``(B) the defendant does not have--
                            ``(i) any criminal history points under the 
                        sentencing guidelines; or
                            ``(ii) any prior conviction, foreign or 
                        domestic, for a crime of violence against a 
                        person or a drug trafficking offense that 
                        resulted in a sentence of imprisonment (or an 
                        adjudication as a juvenile delinquent for an 
                        act that, if committed by an adult, would 
                        constitute a crime of violence against a person 
                        or a drug trafficking offense);
                    ``(C) the offense did not result in death or 
                serious bodily injury (as defined in section 1365) to 
                any person--
                            ``(i) as a result of the act of any person 
                        during the course of the offense; or
                            ``(ii) as a result of the use by any person 
                        of a controlled substance that was involved in 
                        the offense;
                    ``(D) the defendant did not carry or otherwise have 
                possession of a firearm (as defined in section 921) or 
                other dangerous weapon during the course of the offense 
                and did not direct another person to carry a firearm 
                and the defendant had no knowledge of any other 
                conspirator involved in the offense possessing a 
                firearm;
                    ``(E) the defendant was not an organizer, leader, 
                manager, or supervisor of others (as defined or 
                determined under the sentencing guidelines) in the 
                offense;
                    ``(F) the defendant did not use, attempt to use, or 
                make a credible threat to use physical force against 
                the person of another during the course of the offense;
                    ``(G) the defendant did not own the drugs, finance 
                any part of the offense or sell the drugs; and
                    ``(H) the Government certifies that the defendant 
                has timely and truthfully provided to the Government 
                all information and evidence the defendant has 
                concerning the offense or offenses that were part of 
                the same course of conduct or of a common scheme or 
                plan.''.
            (2) Harmonization.--
                    (A) In general.--The United States Sentencing 
                Commission--
                            (i) may make such amendments as it deems 
                        necessary and appropriate to harmonize the 
                        sentencing guidelines and policy statements 
                        with section 3553(f) of title 18, United States 
                        Code, as added by paragraph (1), and promulgate 
                        policy statements to assist the courts in 
                        interpreting that provision; and
                            (ii) shall amend the sentencing guidelines, 
                        if necessary, to assign to an offense under 
                        section 401 or 402 of the Controlled Substances 
                        Act (21 U.S.C. 841 and 844) or section 1010 of 
                        the Controlled Substances Import and Export Act 
                        (21 U.S.C. 960) to which a mandatory minimum 
                        term of imprisonment applies, a guideline level 
                        that will result in the imposition of a term of 
                        imprisonment at least equal to the mandatory 
                        term of imprisonment that is currently 
                        applicable, unless a downward adjustment is 
                        authorized under section 3553(f) of title 18, 
                        United States Code, as added by subsection (a).
                    (B) Emergency amendments.--If the Commission 
                determines that an expedited procedure is necessary for 
                amendments made pursuant to paragraph (1) to become 
                effective on the effective date specified in subsection 
                (c), the Commission may promulgate such amendments as 
                emergency amendments under the procedures set forth in 
                section 21(a) of the Sentencing Act of 1987 (101 Stat. 
                1271), as though the authority under that section had 
                not expired.
            (3) Effective date.--The amendment made by paragraph (1) 
        and any amendments to the sentencing guidelines made by the 
        United States Sentencing Commission pursuant to paragraph (2) 
        shall apply with respect to sentences imposed for offenses 
        committed on or after the date that is 60 days after the date 
        of enactment of this Act.

SEC. 407. INCREASED 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. 408. PENALTIES FOR ARSON.

    (a) Repeal.--Section 320106 of the Violent Crime Control and Law 
Enforcement Act of 1994 is repealed.
    (b) Increased Penalties.--Section 844 of title 18, United States 
Code, is amended--
            (1) in subsection (f)--
                    (A) by striking ``not more than ten years, or fined 
                not more than $10,000'' and inserting ``not less than 
                five years and not more than 20 years, fined the 
                greater of $100,000 or the cost of repairing or 
                replacing any property that is damaged or destroyed''; 
                and
                    (B) by striking ``not more than twenty years, or 
                fined not more than $10,000'' and inserting ``not less 
                than five years and not more than 40 years, fined the 
                greater of $200,000 or the cost of repairing or 
                replacing any property that is damaged or destroyed'';
            (2) in subsection (h)--
                    (A) in the first sentence by striking ``five 
                years'' and inserting ``10 years''; and
                    (B) in the second sentence by striking ``ten 
                years'' and inserting ``20 years''; and
            (3) in subsection (i)--
                    (A) by striking ``not more than ten years or fined 
                not more than $10,000'' and inserting ``not less than 
                five years and not more than 20 years, fined the 
                greater of $100,000 or the cost of repairing or 
                replacing any property that is damaged or destroyed''; 
                and
                    (B) by striking ``not more than twenty years or 
                fined not more than $10,000'' and inserting ``not less 
                than five years and not more than 40 years, fined the 
                greater of $200,000 or the cost of repairing or 
                replacing any property that is damaged or destroyed''.
    (c) Statute of Limitations for Arson.--Section 320917(a) of the 
Violent Crime Control and Law Enforcement Act of 1994 is amended by 
striking ``7'' and inserting ``10''.

SEC. 409. INTERSTATE TRAVEL OR USE OF MAILS OR A FACILITY IN INTERSTATE 
              COMMERCE TO FURTHER KIDNAPPING.

    Section 1201(a) of title 18, United States Code, is amended--
            (1) in paragraph (3) by striking ``or'' at the end of the 
        paragraph;
            (2) in paragraph (5) by striking ``duties,'' and inserting 
        ``duties; or''; and
            (3) by inserting after paragraph (5) the following new 
        paragraphs:
            ``(6) an individual travels in interstate or foreign 
        commerce in furtherance of the offense; or
            ``(7) the mails or a facility in interstate or foreign 
        commerce is used in furtherance of the offense,''.

               TITLE V--FEDERAL CRIMINAL PROCEDURE REFORM

SEC. 501. OBSTRUCTION OF JUSTICE.

    (a) In General.--Chapter 73 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1518. False pleadings
    ``In a criminal proceeding, any attorney who files in a court of 
the United States a brief, motion, answer, pleading, or other signed 
document that the attorney knows to contain a false statement of 
material fact or a false statement of law, shall be found guilty of 
obstruction of justice.''.
    (b) Technical Amendment.--The analysis for chapter 73 of title 18, 
United States Code, is amended by adding the following new item:

``1518. False pleadings.''.

SEC. 502. CONDUCT OF FEDERAL PROSECUTORS.

    Notwithstanding the ethical rules or the rules of the court of any 
State, Federal rules of conduct adopted by the Attorney General shall 
govern the conduct of prosecutions in the courts of the United States.

SEC. 503. FAIRNESS IN JURY SELECTION.

    Rule 24(b) of the Federal Rules of Criminal Procedure is amended by 
striking ``the Government is also entitled to 6 peremptory challenges 
and the defendant or defendants jointly to 10 peremptory challenges'' 
and inserting ``the Government is also entitled to 6 peremptory 
challenges. A defendant tried alone is entitled to 6 peremptory 
challenges, but defendants tried jointly are entitled to 10 peremptory 
challenges''.

SEC. 504. 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 committees 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.''.

SEC. 505. REIMBURSEMENT OF REASONABLE ATTORNEYS' FEES.

    Section 526 of title 28, United States Code, is amended by adding 
at the end the following new subsection:
    ``(c)(1)(A) A current or former Department of Justice attorney, 
agent, or employee who supervises an agent who is the subject of a 
criminal or disciplinary investigation, instituted on or after the date 
of enactment of this subsection, arising out of acts performed in the 
discharge of his or her duties in prosecuting or investigating a 
criminal matter, who is not provided representation under Department of 
Justice regulations, shall be entitled to reimbursement of reasonable 
attorneys' fees incurred during and as a result of the investigation if 
the investigation does not result in adverse action against the 
attorney, agent, or employee.
    ``(B) A current or former attorney, agent, or employee who 
supervises an agent employed as or by a Federal public defender who is 
the subject of a criminal or disciplinary investigation instituted on 
or after the date of enactment of this subsection, arising out of acts 
performed in the discharge of his or her duties in defending or 
investigating a criminal matter in connection with the public defender 
program, who is not provided representation by a Federal public 
defender or the Administrative Office of the United States Courts, is 
entitled to reimbursement of reasonable attorneys' fees incurred during 
and as a result of the investigation if the investigation does not 
result in adverse action against the attorney, agent, or employee.
    ``(2) For purposes of paragraph (1), an investigation shall be 
considered not to result in adverse action against an attorney, agent, 
or employee if--
            ``(A) in the case of a criminal investigation, the 
        investigation does not result in indictment of, the filing of a 
        criminal complaint against, or the entry of a plea of guilty by 
        the attorney, agent, or supervising employee; and
            ``(B) in the case of a disciplinary investigation, the 
        investigation does not result in discipline or results in only 
        discipline less serious than a formal letter of reprimand 
        finding actual and specific wrongdoing.
    ``(3) The Attorney General shall provide notice in writing of the 
conclusion and result of an investigation described in paragraph (1).
    ``(4) An attorney, agent, or supervising employee who was the 
subject of an investigation described in paragraph (1) may waive his or 
her entitlement to reimbursement of attorneys' fees under paragraph (1) 
as part of a resolution of a criminal or disciplinary investigation.
    ``(5) An application for attorney fee reimbursement under this 
subsection shall be made not later than 180 days after the attorney, 
agent, or employee is notified in writing of the conclusion and result 
of the investigation.
    ``(6) Upon receipt of a proper application under this subsection 
for reimbursement of attorneys' fees, the Attorney General and the 
Director of the Administrative Office of the United States Courts shall 
award reimbursement for the amount of attorneys' fees that are found to 
have been reasonably incurred by the applicant as a result of an 
investigation.
    ``(7) The official making an award under this subsection shall make 
inquiry into the reasonableness of the amount requested, and shall 
consider--
            ``(A) the sufficiency of the documentation accompanying the 
        request;
            ``(B) the need or justification for the underlying item;
            ``(C) the reasonableness of the sum requested in light of 
        the nature of the investigation; and
            ``(D) current rates for equal services in the community in 
        which the investigation took place.
    ``(8)(A) Reimbursements of attorneys' fees ordered under this 
subsection by the Attorney General shall be paid from the appropriation 
made by section 1304 of title 31, United States Code.
    ``(B) Reimbursements of attorneys' fees ordered under this section 
by the Director of the Administrative Office of the United States 
Courts shall be paid from appropriations authorized by section 3006A(i) 
of title 18, United States Code.
    ``(9) The Attorney General and the Director of the Administrative 
Office of the United States Courts may delegate their powers and duties 
under this subsection to an appropriate subordinate.''.

SEC. 506. MANDATORY RESTITUTION TO VICTIMS OF VIOLENT CRIMES.

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

SEC. 507. ADMISSIBILITY OF CERTAIN EVIDENCE.

    (a) Confessions.--Section 3501 of title 18, United States Code, is 
amended--
            (1) in subsection (a), by inserting after the first 
        sentence the following new sentence: ``The defendant shall have 
        the burden of proving by a preponderance of the evidence that a 
        confession was not voluntary.''; and
            (2) in subsection (c) by striking ``and if such 
        confession'' and all that follows through the end of the 
        subsection.
    (b) Reasonable Search or Seizure.--
            (1) In general.--Chapter 223 of title 18, United States 
        Code, is amended by inserting after section 3502 the following 
        new section:
``Sec. 3502A. Admissibility of evidence obtained by search or seizure
    ``(a) Evidence Obtained by Objectively Reasonable Search or 
Seizure.--Evidence obtained as a result of a search or seizure that is 
otherwise admissible in a Federal criminal proceeding 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.
    ``(b) Evidence Not Excludable by Statute or Rule.--Evidence shall 
not be excluded in a proceeding in a court of the United States on the 
ground that it was obtained in violation of a statute, an 
administrative rule, or a rule of court procedure unless exclusion is 
expressly authorized by statute or by a rule prescribed by the Supreme 
Court pursuant to chapter 131 of title 28.
    ``(c) Rule of Construction.--This section shall not be construed to 
require or authorize the exclusion of evidence in any proceeding.''.
            (2) Technical amendment.--The chapter analysis for chapter 
        223 of title 18, United States Code, is amended by inserting 
        after the item for section 3502 the following new item:

``3502A. Admissibility of evidence obtained by search or seizure.''.
    (c) Illegal Search and Seizure.--
            (1) In general.--Title 28, United States Code, is amended 
        by inserting after chapter 171, the following new chapter:

               ``CHAPTER 172--ILLEGAL SEARCH AND SEIZURE

``Sec.
``2691. Definitions.
``2692. Tort claims; illegal search and seizure.
``2693. Sanctions against investigative or law enforcement officers.
``2694. Judgment as bar.
``2695. Attorneys' fees and costs.
``2696. Applicability of other tort claims procedures.
``Sec. 2691. Definitions
    ``In this chapter--
            ``(1) the term `Federal agency' includes an executive 
        department, military department, independent establishment of 
        the United States, and a corporation acting primarily as an 
        instrumentality or agency of the United States, but does not 
        include a contractor with the United States; and
            ``(2) the term `investigative or law enforcement officer' 
        means--
                    ``(A) an officer of the United States who is 
                empowered by law to execute searches, to seize 
                evidence, or to make arrests for any violation of 
                Federal law;
                    ``(B) a person acting under or at the request of 
                such an officer; or
                    ``(C) a State or local law enforcement officer, if 
                the case is prosecuted in a court of the United States.
``Sec. 2692. Tort claims; illegal search and seizure
    ``(a) In General.--The United States shall be liable for damages 
resulting from a search or seizure conducted by an investigative or law 
enforcement officer, acting within the scope of the officer's office or 
employment, in violation of the fourth amendment to the Constitution.
    ``(b) Actual and Punitive Damages.--A person who is aggrieved by a 
violation described in subsection (a) may recover actual damages and 
such punitive damages as the court may award under subsection (c).
    ``(c) Award of Punitive Damages.--Punitive damages may be awarded 
by the court in an amount not exceeding $10,000, upon consideration of 
all of the circumstances of the case, including--
            ``(1) the extent of the investigative or law enforcement 
        officer's deviation from permissible conduct;
            ``(2) the extent to which the violation was willful, 
        reckless, or grossly negligent;
            ``(3) the extent to which the aggrieved person's privacy 
        was invaded;
            ``(4) the extent of the aggrieved person's physical, 
        mental, and emotional injury;
            ``(5) the extent of any property damage; and
            ``(6) the effect that making an award of punitive damages 
        would have in preventing future violations of the fourth 
        amendment to the Constitution.
    ``(d) Limitation on Award to Offender.--An award of nonpunitive 
damages under this section to a person who is convicted of an offense 
for which evidence of the offense was seized in violation of the fourth 
amendment to the Constitution shall be limited to damages for actual 
physical personal injury and actual property damage sustained as a 
result of the unconstitutional search and seizure.
    ``(e) Amount of Award.--
            ``(1) In general.--Except as provided in paragraph (2), in 
        an action brought pursuant to this section, a judgment, award, 
        compromise, or settlement shall be in an amount that is not 
        more than $30,000, including actual and punitive damages.
            ``(2) Exception.--The limitation provided in paragraph (1) 
        shall not apply to a judgment, award, compromise, or settlement 
        if the actual damages are in an amount that is greater than 
        $30,000.
            ``(3) Prejudgment interest.--The United States shall not be 
        liable for interest prior to judgment.
    ``(f) Period of Limitation.--An action under this section shall be 
brought within the period of limitation provided in section 2401(b).
``Sec. 2693. Sanctions against investigative or law enforcement 
              officers
    ``An investigative or law enforcement officer who conducts a search 
or seizure in violation of the fourth amendment to the Constitution 
shall be subject to appropriate discipline in the discretion of the 
Federal agency employing the officer, if that agency determines, after 
notice and hearing, that the officer conducted the search or seizure 
lacking a good faith belief that the search or seizure was 
constitutional.
``Sec. 2694. Judgment as bar
    ``The remedy against the United States provided under this chapter 
shall be the exclusive civil remedy for a violation of the fourth 
amendment to the Constitution by any investigative or law enforcement 
officer acting within the scope of the officer's office or employment.
``Sec. 2695. Attorneys' fees and costs
    ``In an action brought under this chapter, the court may award any 
claimant who prevails in the action, other than the United States, 
reasonable attorney's fees and other litigation costs reasonably 
incurred in prosecuting the claim.
``Sec. 2696. Applicability of other tort claims procedures
    ``(a) In General.--The procedures provided in sections 2672, 2675, 
2677, 2678, 2679, and 2680 apply to an action brought under this 
chapter.
    ``(b) Treatment as Employee of the United States.--For the purposes 
of the sections referred to in subsection (a), an investigative or law 
enforcement officer who conducts a search or seizure in violation of 
the fourth amendment to the Constitution shall be treated as if the 
officer were an `employee of the United States'.
    ``(c) Treatment of State or Local Officers.--A State or local 
officer who violates the fourth amendment to the Constitution in a case 
that is later prosecuted in a court of the United States shall, for 
purposes of this section, be an employee of the United States.''.
            (2) Technical amendment.--The part analysis for part VI of 
        title 28, United States Code, is amended by inserting after the 
        item relating to chapter 171 the following new item:

``172. Illegal search and seizure...........................    2691''.
    (d) Jurisdiction.--Section 1346 of title 28, United States Code, is 
amended by inserting after subsection (f) the following new subsection:
    ``(g) The district courts, together with the United States District 
for the Territory of Guam, the District Court for the Northern Mariana 
Islands, and the District Court of the Virgin Islands, shall have 
exclusive original jurisdiction of any civil action on a claim against 
the United States, for money damages, brought under chapter 172.''.
    (e) Technical Amendment.--Section 1402(b) of title 28, United 
States Code, is amended by inserting ``or subsection (g)'' after 
``subsection (b)''.
    (f) Effective Date.--The amendments made by this section shall 
apply only to claims arising on or after the date of enactment of this 
Act.

SEC. 508. GENERAL HABEAS CORPUS REFORM.

    (a) Period of Limitation.--Section 2244 of title 28, United States 
Code, is amended by adding at the end the following new subsection:
    ``(d) A one-year period of limitation shall apply to an application 
for a writ of habeas corpus by a person in custody pursuant to the 
judgment of a State court. The limitation period shall run from the 
latest of--
            ``(1) the date on which State remedies are exhausted;
            ``(2) the date on which the impediment to filing an 
        application created by State action in violation of the 
Constitution or laws of the United States is removed, where the 
applicant was prevented from filing by such State action;
            ``(3) the date on which the Federal constitutional right 
        asserted was initially recognized by the Supreme Court, where 
        the right has been newly recognized by the Court and is made 
        retroactively applicable; or
            ``(4) the date on which the factual predicate of the claim 
        or claims presented could have been discovered through the 
        exercise of due diligence.''.
    (b) Appeal.--Section 2253 of title 28, United States Code, is 
amended to read as follows:
``Sec. 2253. Appeal
    ``(a) In General.--In a habeas corpus proceeding or a proceeding 
under section 2255 before a circuit or district judge, the final order 
shall be subject to review, on appeal, by the court of appeals for the 
circuit where the proceeding is held.
    ``(b) Validity of Warrant or Detention.--There shall be no right of 
appeal from such an order in a proceeding to test the validity of a 
warrant to remove, to another district or place for commitment or 
trial, a person charged with a criminal offense against the United 
States, or to test the validity of the detention of such person pending 
removal proceedings.
    ``(c) Requirement for Certificate of Probable Cause.--
            ``(1) Requirement.--Unless a circuit justice or judge 
        issues a certificate of probable cause, an appeal may not be 
        taken to the court of appeals from--
                    ``(A) the final order in a habeas corpus proceeding 
                in which the detention complained of arises out of 
                process issued by a State court; or
                    ``(B) the final order in a proceeding under section 
                2255.
            ``(2) Substantial showing.--A certificate of probable cause 
        may issue under paragraph (1) only if the petitioner has made a 
        substantial showing of the denial of a Federal constitutional 
        right.
            ``(3) Specification of issues.--The certificate of probable 
        cause under paragraph (1) shall indicate which specific issue 
        or issues satisfy the showing required by paragraph (2).''.
    (c) Amendment of Federal Rules of Appellate Procedure.--Rule 22 of 
the Federal Rules of Appellate Procedure is amended to read as follows:
``Rule 22. Habeas corpus and section 2255 proceedings
    ``(a) Application for an Original Writ of Habeas Corpus.--An 
application for a writ of habeas corpus shall be made to the 
appropriate district court. If application is made to a circuit judge, 
the application shall be transferred to the appropriate district court. 
If an application is made to or transferred to the district court and 
denied, renewal of the application before a circuit judge shall not be 
permitted. The petitioner may, pursuant to section 2253, appeal to the 
appropriate court of appeals from the order of the district court 
denying the writ.
    ``(b) Necessity of Certificate of Probable Cause for Appeal.--In a 
habeas corpus proceeding in which the detention complained of arises 
out of process issued by a State court, and in a motion proceeding 
pursuant to section 2255 of title 28, United States Code, an appeal by 
the applicant may not proceed unless the Court of Appeals issues a 
certificate of probable cause. If a request for a certificate of 
probable cause is addressed to the court of appeals, it shall be deemed 
addressed to the judges thereof and shall be considered by a panel of 
the Court of Appeals. If no express request for a certificate is filed, 
the notice of appeal shall be deemed to constitute a request addressed 
to the judges of the Court of Appeals. If an appeal is taken by a State 
or the Government or its representative, a certificate of probable 
cause is not required.''.
    (d) Section 2254 Amendment.--Section 2254 of title 28, United 
States Code, is amended--
            (1) by amending subsection (b) to read as follows:
    ``(b)(1) An application for a writ of habeas corpus on behalf of a 
person in custody pursuant to the judgment
of a State court shall not be granted unless it appears that--
            ``(A) the applicant has exhausted the remedies available in 
        the courts of the State; or
            ``(B)(i) there is an absence of available State corrective 
        process; or
            ``(ii) circumstances exist that render such process 
        ineffective to protect the rights of the applicant.
    ``(2) An application may be denied if the court is satisfied that 
the application is frivolous or malicious, notwithstanding the failure 
of the applicant to exhaust the remedies available in the courts of the 
State.
    ``(3) A State shall not be deemed to have waived the exhaustion 
requirement or be estopped from reliance upon the requirement unless 
the State, through counsel, expressly waives the requirement.'';
            (2) by redesignating subsections (d), (e), and (f) as 
        subsections (e), (f), and (g), respectively;
            (3) by inserting after subsection (c) the following new 
        subsection:
    ``(d) An application for a writ of habeas corpus on behalf of a 
person in custody pursuant to the judgment of a State court shall not 
be granted with respect to any claim that has been fully and fairly 
adjudicated in State proceedings.'';
            (4) by amending subsection (e), as redesignated by 
        paragraph (2), to read as follows:
    ``(e)(1) In a proceeding instituted by an application for a writ of 
habeas corpus by a person in custody pursuant to the judgment of a 
State court, a determination of a factual issue made in the case by a 
State court after any procedure sufficient to develop an adequate 
record shall be presumed to be correct. The applicant shall have the 
burden of rebutting this presumption by clear and convincing evidence.
    ``(2) If the applicant has failed to develop the factual basis of a 
claim in State court proceedings, the Federal court shall not hold an 
evidentiary hearing on the claim unless the applicant shows that--
            ``(A) the claim relies on (i) a new rule of constitutional 
        law, made retroactive by the Supreme Court, that was previously 
        unavailable; or (ii) a factual predicate that could not have 
        been previously discovered through the exercise of due 
        diligence; and
            ``(B) the facts underlying the claim would be sufficient to 
        establish by clear and convincing evidence that, but for 
        constitutional error, no reasonable factfinder would have found 
        the petitioner guilty of the underlying offense or eligible for 
        the death penalty under State law.''; and
            (5) by adding at the end the following new subsection:
    ``(h) In all proceedings brought under this section, and any 
subsequent proceedings on review, appointment of counsel for a 
petitioner who is or becomes financially unable to afford counsel shall 
be in the discretion of the court, except as provided by a rule 
promulgated by the Supreme Court pursuant to statutory authority. 
Appointment of counsel under this section shall be governed by section 
3006A of title 18, United States Code.''.
    (e) Section 2255 Amendments.--Section 2255 of title 28, United 
States Code, is amended--
            (1) by striking the second and the fifth paragraphs; and
            (2) by adding at the end the following new paragraphs:
    ``A one-year period of limitation shall apply to a motion under 
this section. The limitation period shall run from the latest of--
            ``(1) the date on which the judgment of conviction becomes 
        final;
            ``(2) the date on which the impediment to making a motion 
        created by governmental action in violation of the Constitution 
        or laws of the United States is removed, where the movant was 
        prevented from making a motion by such governmental action;
            ``(3) the date on which the right asserted was initially 
        recognized by the Supreme Court, if that right has been newly 
        recognized by the Court and is made retroactively applicable; 
        or
            ``(4) the date on which the factual predicate of the claim 
        or claims presented could have been discovered through the 
        exercise of due diligence.
    ``In all proceedings brought under this section, and any subsequent 
proceedings on review, appointment of counsel for a movant who is or 
becomes financially unable to afford counsel shall be in the discretion 
of the court, except as provided by a rule promulgated by the Supreme 
Court pursuant to statutory authority. Appointment of counsel under 
this section shall be governed by section 3006A of title 18, United 
States Code.''.
    (f) Second or Successive Petitions.--
            (1) Certification.--A second or successive motion must be 
        certified by a panel of the appropriate Federal Court of 
        Appeals to contain--
                    (A) newly discovered evidence sufficient to 
                undermine the court's confidence in the factfinder's 
                determination of the prisoner's guilt of the offense or 
                offenses for which the sentence was imposed; or
                    (B) a new rule of constitutional law, made 
                retroactive by the Supreme Court, that was previously 
                unavailable.
            (2) Conforming amendment to section 2244(a).--Section 
        2244(a) of title 28, United States Code, is amended by striking 
        ``and the petition'' and all that follows through ``by such 
        inquiry.'' and inserting ``except as provided in section 
        2255.''.
            (3) Limitations on second or successive petitions.--Section 
        2244(b) of title 28, United States Code, is amended to read as 
        follows:
    ``(b)(1) A claim presented in a second or successive habeas corpus 
petition that was not presented in a prior petition shall be dismissed 
unless--
            ``(A) the petitioner shows that--
                    ``(i) the claim relies on a new rule of 
                constitutional law, made retroactive by the Supreme 
                Court, that was previously unavailable; or
                    ``(ii) the factual predicate for the claim could 
                not have been discovered previously through the 
                exercise of due diligence; and
            ``(B) the facts underlying the claim, if proven and viewed 
        in light of the evidence as a whole, would be sufficient to 
        undermine the court's confidence in the factfinder's 
        determination of the applicant's guilt of the offense or 
        offenses for which the sentence was imposed.
    ``(2)(A) Before a second or successive petition is filed in the 
district court, the petitioner must move in the appropriate court of 
appeals for an order authorizing the district court to consider the 
petition.
    ``(B) A motion in the court of appeals for an order authorizing the 
district court to consider a successive petition shall be determined by 
a three-judge panel of the court of appeals.
    ``(C) The court of appeals may authorize the filing of a successive 
petition only if it determines that the petitioner has made a prima 
facie showing that the petition satisfies the requirements of this 
section.
    ``(D) The grant or denial of an authorization by the court of 
appeals to file a second or successive petition shall not be 
appealable.
    ``(3) A district court shall dismiss any claim presented in a 
second or successive petition that the court of appeals has authorized 
to be filed unless the applicant shows that the claim satisfies the 
requirements of this section.''.

SEC. 509. TECHNICAL AMENDMENT.

    Section 848(q) of title 21, United States Code, is amended by 
striking all references to section 2254.

SEC. 510. DEATH PENALTY LITIGATION PROCEDURES.

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

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

``Sec.
``2256. Prisoners in State custody subject to capital sentence; 
                            appointment of counsel; requirement of rule 
                            of court or statute; procedures for 
                            appointment.
``2257. Mandatory stay of execution; duration; limits on stays of 
                            execution; successive petitions.
``2258. Filing of habeas corpus petition; time requirements; tolling 
                            rules.
``2259. Evidentiary hearings; scope of Federal review; district court 
                            adjudication.
``2260. Certificate of probable cause inapplicable.
``2261. Application to state unitary review procedures.
``2262. Limitation periods for determining petitions.
``2263. Rule of construction.
``Sec. 2256. Prisoners in State custody subject to capital sentence; 
              appointment of counsel; requirement of rule of court or 
              statute; procedures for appointment
    ``(a) Application of Chapter.--This chapter shall apply to cases 
arising under section 2254 brought by prisoners in State custody who 
are subject to a capital sentence. It shall apply only if the 
provisions of subsections (b) and (c) are satisfied.
    ``(b) Establishment of Appointment Mechanism.--This chapter is 
applicable if a State establishes by rule of its court of last resort 
or by statute a mechanism for the appointment, compensation and payment 
of reasonable litigation expenses of competent counsel in State 
postconviction proceedings brought by indigent prisoners whose capital 
convictions and sentences have been upheld on direct appeal to the 
court of last resort in the State or have otherwise become final for 
State law purposes. The rule of court or statute must provide standards 
of competency for the appointment of such counsel.
    ``(c) Offer of Counsel.--Any mechanism for the appointment, 
compensation and reimbursement of counsel as provided in subsection (b) 
must offer counsel to all State prisoners under capital sentence and 
must provide for the entry of an order by a court of record--
            ``(1) appointing 1 or more counsel to represent the 
        prisoner upon a finding that the prisoner is indigent and 
        accepted the offer or is unable competently to decide whether 
        to accept or reject the offer;
            ``(2) finding, after a hearing if necessary, that the 
        prisoner rejected the offer of counsel and made the decision 
        with an understanding of its legal consequences; or
            ``(3) denying the appointment of counsel upon a finding 
        that the prisoner is not indigent.
    ``(d) Previous Representation.--No counsel appointed pursuant to 
subsections (b) and (c) to represent a State prisoner under capital 
sentence shall have previously represented the prisoner at trial or on 
direct appeal in the case for which the appointment is made unless the 
prisoner and counsel expressly request continued representation.
    ``(e) No Ground for Relief.--The ineffectiveness or incompetence of 
counsel during Federal or State collateral postconviction proceedings 
in a capital case shall not be a ground for relief in a proceeding 
arising under section 2254. This limitation shall not preclude the 
appointment of different counsel, on the court's own motion or at the 
request of the prisoner, at any phase of State or Federal 
postconviction proceedings on the basis of the ineffectiveness or 
incompetence of counsel in such proceedings.
``Sec. 2257. Mandatory stay of execution; duration; limits on stays of 
              execution; successive petitions
    ``(a) Stay.--Upon the entry in the appropriate State court of 
record of an order under section 2256(c), a warrant or order setting an 
execution date for a State prisoner shall be stayed upon application to 
any court that would have jurisdiction over any proceedings filed under 
section 2254. The application must recite that the State has invoked 
the postconviction review procedures of this chapter and that the 
scheduled execution is subject to stay.
    ``(b) Expiration of Stay.--A stay of execution granted pursuant to 
subsection (a) shall expire if--
            ``(1) a State prisoner fails to file a habeas corpus 
        petition under section 2254 within the time required in section 
        2258, or fails to make a timely application for court of 
        appeals review following the denial of such a petition by a 
        district court;
            ``(2) upon completion of district court and court of 
        appeals review under section 2254 the petition for relief is 
        denied and--
                    ``(A) the time for filing a petition for certiorari 
                has expired and no petition has been filed;
                    ``(B) a timely petition for certiorari was filed 
                and the Supreme Court denied the petition; or
                    ``(C) a timely petition for certiorari was filed 
                and upon consideration of the case, the Supreme Court 
                disposed of it in a manner that left the capital 
                sentence undisturbed; or
            ``(3) before a court of competent jurisdiction, in the 
        presence of counsel and after having been advised of the 
        consequences of his decision, a State prisoner under capital 
        sentence waives the right to pursue habeas corpus review under 
        section 2254.
    ``(c) Limitation on Further Stay.--If one of the conditions in 
subsection (b) has occurred, no Federal court thereafter shall have the 
authority to enter a stay of execution or grant relief in a capital 
case unless--
            ``(1) the basis for the stay and request for relief is a 
        claim not previously presented in the State or Federal courts;
            ``(2) the failure to raise the claim is--
                    ``(A) the result of State action in violation of 
                the Constitution or laws of the United States;
                    ``(B) the result of the Supreme Court recognition 
                of a new Federal right that is made retroactively 
                applicable; or
                    ``(C) based on a factual predicate that could not 
                have been discovered through the exercise of due 
                diligence in time to present the claim for State or 
                Federal postconviction review;
            ``(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 petitioner guilty of the underlying offense or eligible for 
        the death penalty under State law;
            ``(4) the court of appeals approves the filing of a second 
        or successive petition that--
                    ``(A) is the result of the Supreme Court 
                recognition of a new Federal right that is made 
                retroactively applicable; or
                    ``(B) is based on a factual predicate that could 
                not have been discovered through the exercise of due 
                diligence in time to present the claim for State or 
                Federal postconviction review; and
            ``(5) 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 petitioner guilty of the underlying offense or eligible for 
        the death penalty under State law.
``Sec. 2258. Filing of habeas corpus petition; time requirements; 
              tolling rules
    ``(a) Filing.--A petition for habeas corpus relief under section 
2254 must be filed in the appropriate district court within 180 days 
from the filing in the appropriate State court of record of an order 
under section 2256(c).
    ``(b) Tolling.--The time requirements established by this section 
shall be tolled--
            ``(1) from the date that a petition for certiorari is filed 
        in the Supreme Court until the date of final disposition of the 
        petition if a State prisoner files the petition to secure 
        review by the Supreme Court of the affirmance of a capital 
        sentence on direct review by the court of last resort of the 
        State or other final State court decision on direct review;
            ``(2) during any period in which a State prisoner under 
        capital sentence has a properly filed request for 
        postconviction review pending before a State court of competent 
        jurisdiction; if all State filing rules are met in a timely 
        manner, this period shall run continuously from the date that 
        the State prisoner initially files for postconviction review 
        until final disposition of the case by the highest court of the 
        State, but the time requirements established by this section 
        are not tolled during the pendency of a petition for certiorari 
        before the Supreme Court except as provided in paragraph (1); 
        and
            ``(3) during an additional period not to exceed 30 days, 
        if--
                    ``(A) a motion for an extension of time is filed in 
                the Federal district court that would have proper 
                jurisdiction over the case upon the filing of a habeas 
                corpus petition under section 2254; and
                    ``(B) a showing of good cause is made for the 
                failure to file the habeas corpus petition within the 
                time period established by this section.
``Sec. 2259. Evidentiary hearings; scope of Federal review; district 
              court adjudication
    ``(a) Review of Record; Hearing.--Whenever a State prisoner under a 
capital sentence files a petition for habeas corpus relief to which 
this chapter applies, the district court shall, within the time limits 
required by section 2267--
            ``(1) determine the sufficiency of the record for habeas 
        corpus review based on the claims actually presented and 
        litigated in the State courts except when the prisoner can show 
        that the failure to raise or develop a claim in the State 
        courts is--
                    ``(A) the result of State action in violation of 
                the Constitution or laws of the United States;
                    ``(B) the result of the Supreme Court recognition 
                of a new Federal right that is made retroactively 
                applicable; or
                    ``(C) based on a factual predicate that could not 
                have been discovered through the exercise of due 
                diligence in time to present the claim for State 
                postconviction review; and
            ``(2) conduct any requested evidentiary hearing necessary 
        to complete the record for habeas corpus review.
    ``(b) Adjudication.--Upon the development of a complete evidentiary 
record, the district court shall rule on the claims that are properly 
before it, but the court shall not grant relief from a judgment of 
conviction or sentence on the basis of any claim that was fully and 
fairly adjudicated in State proceedings.
``Sec. 2260. Certificate of probable cause inapplicable
    ``The requirement of a certificate of probable cause in order to 
appeal from the district court to the court of appeals does not apply 
to habeas corpus cases subject to this chapter except when a second or 
successive petition is filed.
``Sec. 2261. Application to State unitary review procedure
    ``(a) In General.--
            ``(1) Definition.--For purposes of this section, the term 
        `unitary review procedure' means a State procedure that 
        authorizes a person under sentence of death to raise, in the 
        course of direct review of the judgment, such claims as could 
        be raised on collateral attack.
            ``(2) Application of chapter.--This chapter shall apply, as 
        provided in this section, in relation to a State unitary review 
        procedure if the State establishes by rule of its court of last 
        resort or by statute a mechanism for the appointment, 
        compensation, and payment of reasonable litigation expenses of 
        competent counsel in the unitary review proceedings, including 
        expenses relating to the litigation of collateral claims in the 
        proceedings.
            ``(3) Standards of competency.--A rule of court or statute 
        described in paragraph (2) must provide standards of competency 
        for the appointment of counsel.
    ``(b) Offer of Counsel.--
            ``(1) In general.--To qualify under this section, a unitary 
        review procedure, to qualify under this section, must include 
        an offer of counsel following trial for the purpose of 
        representation on unitary review, and entry of an order, as 
        provided in section 2256(c), concerning appointment of counsel 
        or waiver or denial of appointment of counsel for that purpose.
            ``(2) No previous representation.--No counsel appointed to 
        represent the prisoner in the unitary review proceedings shall 
        have previously represented the prisoner at trial in the case 
        for which the appointment is made unless the prisoner and 
        counsel expressly request continued representation.
    ``(c) Application of Other Sections.--
            ``(1) In general.--Sections 2257, 2258, 2259, 2260, and 
        2262 shall apply in relation to cases involving a sentence of 
        death from any State having a unitary review procedure that 
        qualifies under this section.
            ``(2) References.--References to State `post-conviction 
        review' and `direct review' in those sections shall be 
        understood as referring to unitary review under the State 
        procedure. The references in sections 2257(a) and 2258 to `an 
        order under section 2256(c)' shall be understood as referring 
        to the post-trial order under subsection (b) concerning 
        representation in the unitary review proceedings, but if a 
        transcript of the trial proceedings is unavailable at the time 
        of the filing of such an order in the appropriate State court, 
        the start of the 180-day limitation period under section 2258 
        shall be deferred until a transcript is made available to the 
        prisoner or the prisoner's counsel.
``Sec. 2262. Limitation periods for determining petitions
    ``(a) In General.--The adjudication of any petition under section 
2254 that is subject to this chapter, and the adjudication of any 
motion under section 2255 by a person under sentence of death, shall be 
given priority by the district court and by the court of appeals over 
all noncapital matters.
    ``(b) Time Limitations for Consideration by the District Courts of 
Habeas Corpus Petitions in Capital Cases.--
            ``(1) In general.--
                    ``(A) Final determination within 180 days.--Except 
                to the extent that a longer period of time is required 
                in order that each of the parties will have been 
                accorded at least as many days as provided in the rules 
                in which to complete all actions, including preparation 
                of briefs and, if necessary, a hearing prior to the 
                submission of the case for decision, a district court 
                shall render a final determination of any petition for 
                a writ of habeas corpus brought under this chapter in a 
                capital case not later than 180 days after the date on 
                which the petition is filed.
                    ``(B) Delay.--(i) A district court may delay for 
                not more than one additional 180-day period beyond the 
                period specified in subparagraph (A), the rendering of 
                a determination of a petition for a writ of habeas 
                corpus if the court issues a written order making a 
                finding, and stating the reasons for the finding, that 
the ends of justice that would be served by allowing the delay outweigh 
the best interests of the public and the petitioner in a speedy 
disposition of the petition.
                    ``(ii) The factors, among others, that a court 
                shall consider in determining whether a delay in the 
                disposition of a petition is warranted are as follows:
                            ``(I) Whether the failure to allow the 
                        delay would be likely to result in a 
                        miscarriage of justice.
                            ``(II) Whether the case is so unusual or so 
                        complex, due to the number of defendants, the 
                        nature of the prosecution, or the existence of 
                        novel questions of fact or law, that it is 
                        unreasonable to expect adequate briefing within 
                        the time limit established by subparagraph (A).
                            ``(III) Whether the failure to allow a 
                        delay in a case, that taken as a whole, is not 
                        so unusual or so complex as described in clause 
                        (ii), would deny the petitioner reasonable time 
                        to obtain counsel, would unreasonably deny the 
                        petitioner or the government continuity of 
                        counsel, or would deny counsel for the 
                        petitioner or the government the reasonable 
                        time necessary for effective preparation, 
                        taking into account the exercise of due 
                        diligence.
                    ``(iii) No delay in disposition shall be 
                permissible because of general congestion of the 
                court's calendar.
                    ``(iv) The court shall transmit a copy of any order 
                issued under clause (i) to the Director of the 
                Administrative Office of the United States Courts for 
                inclusion in the report under paragraph (5).
            ``(2) Application.--The time limitations under paragraph 
        (1) shall apply to--
                    ``(A) an initial petition for a writ of habeas 
                corpus;
                    ``(B) any second or successive petition for a writ 
                of habeas corpus; and
                    ``(C) any redetermination of a petition for a writ 
                of habeas corpus following a remand by the court of 
                appeals or the Supreme Court for further proceedings, 
                in which case the limitation period shall run from the 
                date the remand is ordered.
            ``(3) Rule of construction.--The time limitations under 
        this section shall not be construed to entitle a petitioner to 
        a stay of execution, to which the petitioner would otherwise 
        not be entitled, for the purpose of litigating any petition or 
        appeal.
            ``(4) Failure to render timely determination.--
                    ``(A) No ground for relief.--The failure of a court 
                to meet or comply with a time limitation under this 
                section shall not be a ground for granting relief from 
                a judgment of conviction or sentence.
                    ``(B) Enforcement.--The government may enforce a 
                time limitation under this section by petitioning for a 
                writ of mandamus to the court of appeals. The Court of 
                Appeals shall act on the petition for a writ or 
                mandamus not later than 30 days after the filing of the 
                petition.
            ``(5) Report.--
                    ``(A) In general.--The Administrative Office of 
                United States Courts shall submit to Congress an annual 
                report on the compliance by the district courts with 
                the time limitations under this section.
                    ``(B) Contents.--The report described in 
                subparagraph (A) shall include copies of the orders 
                submitted by the district courts under paragraph 
                (1)(B)(iv).
    ``(c) Time Limitations for Consideration of District Court 
Determinations of Habeas Corpus Petitions in Capital Cases.--
            ``(1) In general.--
                    ``(A) Final determination within 120 days.--A court 
                of appeals shall hear and render a final determination 
                of any appeal of an order granting or denying, in whole 
                or in part, a petition brought under this chapter in a 
                capital case not later than 120 days after the date on 
                which the reply brief is filed, or if no reply brief is 
                filed, not later than 120 days after the date on which 
                the answering brief is filed.
                    ``(B) Hearing en banc.--(i) A court of appeals 
                shall decide whether to grant a petition for rehearing 
                or other request for rehearing en banc not later than 
                30 days after the date on which the petition for 
                rehearing is filed unless a responsive pleading is 
                required, in which case the court shall decide whether 
                to grant the petition not later than 30 days after the 
                date on which the responsive pleading is filed.
                    ``(ii) If a petition for rehearing or rehearing en 
                banc is granted, the court of appeals shall hear and 
                render a final determination of the appeal not later 
                than 120 days after the date on which the order 
                granting rehearing or rehearing en banc is entered.
            ``(2) Application.--The time limitations under paragraph 
        (1) shall apply to--
                    ``(A) an initial petition for a writ of habeas 
                corpus;
                    ``(B) any second or successive petition for a writ 
                of habeas corpus; and
                    ``(C) any redetermination of a petition for a writ 
                of habeas corpus or related appeal following a remand 
                by the court of appeals or the Supreme Court for 
                further proceedings, in which case the limitation 
                period shall run from the date the remand is ordered.
            ``(3) Rule of construction.--The time limitations under 
        this section shall not be construed to entitle a petitioner to 
        a stay of execution, to which the petitioner would otherwise 
        not be entitled, for the purpose of litigating any petition or 
        appeal.
            ``(4) Failure to render timely determination.--
                    ``(A) No ground for relief.--The failure of a court 
                to meet or comply with a time limitation under this 
                section shall not be a ground for granting relief from 
                a judgment of conviction or sentence.
                    ``(B) Enforcement.--The government may enforce a 
                time limitation under this section by applying for a 
                writ of mandamus to the Supreme Court.
            ``(5) Report.--The Administrative Office of United States 
        Courts shall submit to Congress an annual report on the 
        compliance by the district courts and courts of appeals with 
        the time limitations under this section.''.
    (b) Technical Amendment.--The part analysis for part IV of title 
28, United States Code, is amended by adding after the item relating to 
chapter 153 the following new item:

``154. Special habeas corpus procedures in capital cases....   2261.''.

                   TITLE VI--PREVENTION OF TERRORISM

SEC. 601. WILLFUL VIOLATION OF FEDERAL AVIATION ADMINISTRATION 
              REGULATIONS.

    (a) In General.--Chapter 2 of title 18, United States Code, as 
amended by section 60021(a) of the Violent Crime Control and Safe 
Streets Act of 1968, is amended by adding at the end the following new 
section:
``Sec. 38. Violations of Federal aviation security regulations
    ``A person who willfully violates a security regulation under part 
107 or 108 of title 14, Code of Federal Regulations (relating to 
airport and airline security) issued pursuant to section 44901 or 44903 
of title 49, United States Code, or a successor part, shall be fined 
under this title, imprisoned not more than 1 year, or both.''.
    (b) Technical Amendment.--The chapter analysis for chapter 2 of 
title 18, United States Code, as amended by section 719(b), is amended 
by adding at the end the following new item:

``38. Violations of Federal aviation security regulations.''.

SEC. 602. ASSAULTS, MURDERS, AND THREATS AGAINST FORMER FEDERAL 
              OFFICIALS IN PERFORMANCE OF OFFICIAL DUTIES.

    Section 115(a)(2) of title 18, United States Code, is amended by 
inserting ``, or threatens to assault, kidnap, or murder, any person 
who formerly served as a person designated in paragraph (1), or'' after 
``assaults, kidnaps, or murders, or attempts to kidnap or murder''.

SEC. 603. WIRETAP AUTHORITY FOR ALIEN SMUGGLING AND RELATED OFFENSES 
              AND INCLUSION OF ALIEN SMUGGLING AS A RICO PREDICATE.

    (a) In General.--Section 2516(1) of title 18, United States Code, 
is amended--
            (1) in paragraph (c) by inserting after ``section 175 
        (relating to biological weapons),'' the following: ``or a 
        felony violation under section 1028 (relating to production of 
        false identification documentation), section 1542 (relating to 
        false statements in passport applications), section 1546 
        (relating to fraud and misuse of visas, permits, and other 
        documents),'';
            (2) by redesignating paragraphs (m), (n), and (o) as 
        paragraphs (n), (o), and (p), respectively; and
            (3) by inserting after paragraph (l) the following new 
        paragraph:
    ``(m) a violation of (i) section 274 of the Immigration and 
Nationality Act (8 U.S.C. 1324) (relating to alien smuggling), (ii) 
section 277 of the Immigration and Nationality Act (8 U.S.C. 1327) 
(relating to the smuggling of aliens convicted of aggravated felonies 
or of aliens subject to exclusion on grounds of national security), or 
(iii) section 278 of the Immigration and Nationality Act (8 U.S.C. 
1328) (relating to smuggling of aliens for the purpose of 
prostitution);''.
    (b) Definition of Racketeering.--Section 1961(1) of title 18, 
United States Code, is amended--
            (1) by striking ``or'' before ``(E) any Act''; and
            (2) by inserting after ``Currency and Foreign Transactions 
        Reporting Act'' the following: ``, or (F) any act (or 
        conspiracy to commit any act) which is indictable under section 
        274(a) (1) of the Immigration and Nationality Act (8 U.S.C. 
        1324(a) (1)) (dealing with prohibitions on bringing in and 
        harboring certain aliens)''.

SEC. 604. AUTHORIZATION FOR INTERCEPTIONS OF COMMUNICATIONS IN CERTAIN 
              TERRORISM-RELATED OFFENSES.

    Section 2516(1)(c) of title 18, United States Code, as amended by 
section 703, is further amended--
            (1) in subsection (c), by inserting before ``or section 
        1992 (relating to wrecking trains)'' the following: ``section 
        2332 (relating to terrorist acts abroad), section 2332a 
        (relating to weapons of mass destruction), section 2339A 
        (relating to providing material support to terrorists), section 
        37 (relating to violence at airports),''; and
            (2) by redesignating subparagraph (p) as subparagraph (q) 
        and adding the following new subparagraph (p):
    ``(p) any violation of section 956 or section 960 of title 18, 
United States Code (relating to certain actions against foreign 
nations);''.

SEC. 605. PARTICIPATION OF FOREIGN AND STATE GOVERNMENT PERSONNEL IN 
              INTERCEPTIONS OF COMMUNICATIONS.

    Section 2518(5) of title 18, United States Code, is amended by 
inserting ``(including personnel of a foreign government or of a State 
or subdivision of a State)'' after ``Government personnel''.

SEC. 606. DISCLOSURE OF INTERCEPTED COMMUNICATIONS TO FOREIGN LAW 
              ENFORCEMENT AGENCIES.

    Section 2510(7) of title 18, United States Code, is amended by 
inserting before the semicolon the following: ``and, for purposes of 
section 2517(1)-(2), any person authorized to perform investigative, 
law enforcement, or prosecutorial functions by a foreign government''.

SEC. 607. ALIEN TERRORIST REMOVAL.

    The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
amended by inserting the following new section:

                     ``removal of alien terrorists

    ``Sec. 242C. (a) Definitions.--As used in this section--
            ``(1) the term `alien terrorist' means any alien described 
        in section 241(a)(4)(B);
            ``(2) the term `classified information' has the same 
        meaning as defined in section 1(a) of the Classified 
        Information Procedures Act (18 U.S.C. App. IV);
            ``(3) the term `national security' has the same meaning as 
        defined in section 1(b) of the Classified Information 
        Procedures Act (18 U.S.C. App. IV);
            ``(4) the term `special court' means the court described in 
        subsection (c) of this section; and
            ``(5) the `special removal hearing' means the hearing 
        described in subsection (e) of this section.
    ``(b) Application for Use of Procedures.--The provisions of this 
section shall apply whenever the Attorney General certifies under seal 
to the special court that--
            ``(1) the Attorney General or Deputy Attorney General has 
        approved of the proceeding under this section;
            ``(2) an alien terrorist is physically present in the 
        United States; and
            ``(3) removal of such alien terrorist by deportation 
        proceedings described in sections 242, 242A, or 242B would pose 
        a risk to the national security of the United States because 
        such proceedings would disclose classified information.
    ``(c) Special Court.--(1) The Chief Justice of the United States 
shall publicly designate up to 7 judges from up to 7 United States 
judicial districts to hear and decide cases arising under this section, 
in a manner consistent with the designation of judges described in 
section 103(a) of the Foreign Intelligence Surveillance Act (50 U.S.C. 
1803(a)).
    ``(2) The Chief Justice may, in the Chief Justice's discretion, 
designate the same judges under this section as are designated pursuant 
to section 1803(a) of title 50, United States Code.
    ``(d) Invocation of Special Court Procedure.--(1) When the Attorney 
General makes the application described in subsection (b), a single 
judge of the special court shall consider the application in camera and 
ex parte.
    ``(2) The judge shall invoke the procedures of subsection (e), if 
the judge determines that there is probable cause to believe that--
            ``(A) the alien who is the subject of the application has 
        been correctly identified;
            ``(B) a deportation proceeding described in section 242, 
        242A, or 242B would pose a risk to the national security of the 
        United States because such proceedings would disclose 
        classified information; and
            ``(C) the threat posed by the alien's physical presence is 
        immediate and involves the risk of death or serious bodily 
        harm.
    ``(e) Special Removal Hearing.--(1) Except as provided in paragraph 
(4), the special removal hearing authorized by a showing of probable 
cause described in subsection (d)(2) shall be open to the public.
    ``(2) The alien shall have a right to be present at such hearing 
and to be represented by counsel. Any alien financially unable to 
obtain counsel shall be entitled to have counsel assigned to represent 
such alien. Counsel may be appointed as described in section 3006A of 
title 18, United States Code.
    ``(3) The alien shall have a right to introduce evidence on his own 
behalf, and except as provided in paragraph (4), shall have a right to 
cross-examine any witness or request that the judge issue a subpoena 
for the presence of a named witness.
    ``(4) The judge shall authorize the introduction in camera and ex 
parte of any item of evidence for which the judge determines that 
public disclosure would pose a risk to the national security of the 
United States because it would disclose classified information.
    ``(5) With respect to any evidence described in paragraph (4), the 
judge shall cause to be delivered to the alien either--
            ``(A)(i) the substitution for such evidence of a statement 
        admitting relevant facts that the specific evidence would tend 
        to prove, or (ii) the substitution for such evidence of a 
        summary of the specific evidence; or
            ``(B) if disclosure of even the substituted evidence 
        described in subparagraph (A) would create a substantial risk 
        of death or serious bodily harm to any person, a statement 
        informing the alien that no such summary is possible.
    ``(6) If the judge determines--
            ``(A) that the substituted evidence described in paragraph 
        (4)(B) will provide the alien with substantially the same 
        ability to make his defense as would disclosure of the specific 
        evidence, or
            ``(B) that disclosure of even the substituted evidence 
        described in paragraph (5)(A) would create a substantial risk 
        of death or serious bodily harm to any person,
then the determination of deportation (described in subsection (f)) may 
be made pursuant to this section.
    ``(f) Determination of Deportation.--(1) If the determination in 
subsection (e)(6)(A) has been made, the judge shall, considering the 
evidence on the record as a whole, require that the alien be deported 
if the Attorney General proves, by clear and convincing evidence, that 
the alien is subject to deportation because he is an alien as described 
in section 241(a)(4)(B).
    ``(2) If the determination in subsection (e)(6)(B) has been made, 
the judge shall, considering the evidence received (in camera and 
otherwise), require that the alien be deported if the Attorney General 
proves, by clear, convincing, and unequivocal evidence, that the alien 
is subject to deportation because he is an alien as described in 
section 241(a)(4)(B).
    ``(g) Appeals.--(1) The alien may appeal a determination under 
subsection (f) to the court of appeals for the Federal Circuit, by 
filing a notice of appeal with such court within 20 days of the 
determination under such subsection.
    ``(2) The Attorney General may appeal a determination under 
subsection (d), (e), or (f) to the court of appeals for the Federal 
Circuit, by filing a notice of appeal with such court within 20 days of 
the determination under any one of such subsections.
    ``(3) When requested by the Attorney General, the entire record of 
the proceeding under this section shall be transmitted to the court of 
appeals under seal. The court of appeals shall consider such appeal in 
camera and ex parte.''.

SEC. 608. TERRITORIAL SEA.

    (a) Territorial Sea Extending to Twelve Miles Included in Special 
Maritime and Territorial Jurisdiction.--The Congress declares that all 
the territorial sea of the United States, as defined by Presidential 
Proclamation 5928 of December 27, 1988, is part of the United States, 
subject to its sovereignty, and, for purposes of Federal criminal 
jurisdiction, is within the special maritime and territorial 
jurisdiction of the United States wherever that term is used in title 
18, United States Code.
    (b) Assimilated Crimes in Extended Territorial Sea.--Section 13 of 
title 18, United States Code (relating to the adoption of State laws 
for areas within Federal jurisdiction), is amended--
            (1) in subsection (a), by inserting after ``title'' the 
        following: ``or on, above, or below any portion of the 
        territorial sea of the United States not within the territory 
        of any State, Territory, Possession, or District''; and
            (2) by adding at the end the following new subsection:
    ``(c) Whenever any waters of the territorial sea of the United 
States lie outside the territory of any State, Territory, Possession, 
or District, such waters (including the airspace above and the seabed 
and subsoil below, and artificial islands and fixed structures erected 
thereon) shall be deemed for purposes of subsection (a) to lie within 
the area of that State, Territory, Possession, or District it would lie 
within if the boundaries of such State, Territory, Possession, or 
District were extended seaward to the outer limit of the territorial 
sea of the United States.''.

SEC. 609. CLARIFICATION AND EXTENSION OF CRIMINAL JURISDICTION OVER 
              CERTAIN TERRORISM OFFENSES OVERSEAS.

    (a) Section 46502(b) of title 49, United States Code is amended--
            (1) in paragraph (b)(1), by striking ``, and later found in 
        the United States'';
            (2) by amending paragraph (b)(2) to read as follows:
    ``(2) The courts of the United States shall have jurisdiction over 
the offense in paragraph (1) if--
            ``(A) a national of the United States was aboard the 
        aircraft at the time of the offense;
            ``(B) an offender is a national of the United States; or
            ``(C) an offender is later found in the United States.''; 
        and
            (3) by adding at the end the following new paragraph:
    ``(3) For purposes of this subsection, the term `national of the 
United States' has the meaning prescribed in section 101(a)(22) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).''.
    (b) Section 32(b) of title 18, United States Code, is amended--
            (1) by striking ``, if the offender is later found in the 
        United States,''; and
            (2) by adding at the end the following new paragraphs:
    ``(5) The courts of the United States shall have jurisdiction over 
an offense in this subsection if--
            ``(A) a national of the United States was on board, or 
        would have been on board, the aircraft at the time of the 
        offense;
            ``(B) an offender is a national of the United States; or
            ``(C) an offender is afterwards found in the United States.
    ``(6) For purposes of this subsection, the term `national of the 
United States' has the meaning prescribed in section 101(a)(22) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).''.
    (c) Section 1116 of title 18, United States Code, is amended--
            (1) in subsection (b), by adding at the end the following 
        new paragraph:
            ``(7) `national of the United States' has the meaning 
        prescribed in section 101(a)(22) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(22)).''; and
            (2) in subsection (c), by striking the first sentence and 
        inserting the following:
                    ``If the victim of an offense under subsection (a) 
                is an internationally protected person outside the 
                United States, the United States may exercise 
                jurisdiction over the offense if (1) the victim is a 
                representative, officer, employee, or agent of the 
                United States, (2) an offender is a national of the 
                United States, or (3) an offender is afterwards found 
                in the United States.''.
    (d) Section 112 of title 18, United States Code, is amended--
            (1) in subsection (c), by inserting ``, `national of the 
        United States,''' before ``and''; and
            (2) in subsection (e), by striking the first sentence and 
        inserting the following:
                    ``If the victim of an offense under subsection (a) 
                is an internationally protected person outside the 
                United States, the United States may exercise 
                jurisdiction over the offense if (1) the victim is a 
                representative, officer, employee, or agent of the 
                United States, (2) an offender is a national of the 
                United States, or (3) an offender is afterwards found 
                in the United States.''.
    (e) Section 878 of title 18, United States Code, is amended--
            (1) in subsection (c), by inserting ``, `national of the 
        United States,''' before ``and''; and
            (2) in subsection (d), by striking the first sentence and 
        inserting the following:
                    ``If the victim of an offense under subsection (a) 
                is an internationally protected person outside the 
                United States, the United States may exercise 
                jurisdiction over the offense if (1) the victim is a 
                representative, officer, employee, or agent of the 
                United States, (2) an offender is a national of the 
                United States, or (3) an offender is afterwards found 
                in the United States.''.
    (f) Section 1201(e) of title 18, United States Code, is amended--
            (1) by striking the first sentence and inserting the 
        following:
                    ``If the victim of an offense under subsection (a) 
                is an internationally protected person outside the 
                United States, the United States may exercise 
                jurisdiction over the offense if (1) the victim is a 
                representative, officer, employee, or agent of the 
                United States, (2) an offender is a national of the 
                United States, or (3) an offender is afterwards found 
                in the United States.''; and
            (2) by adding at the end the following:
                    ``For purposes of this subsection, the term 
                `national of the United States' has the meaning 
                prescribed in section 101(a)(22) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(22)).''.
    (g) Section 37(b)(2) of title 18, United States Code, is amended--
            (1) by inserting ``(A)'' before ``the offender is later 
        found in the States''; and
            (2) by inserting ``or (B) an offender or a victim is a 
        national of the United States (as defined in section 101(a)(22) 
        of the Immigration and Nationality Act, 8 U.S.C. 1101(a)(22))'' 
        after ``the offender is later found in the United States''.
    (h) Section 831(c)(2) of title 18, United States Code, is amended 
by striking ``the defendant is a national of the United States, as 
defined'' and inserting ``an offender or a victim is a national of the 
United States, as defined''.
    (i) Section 175(a) of title 18, United States Code, is amended by 
inserting ``(as defined in section 101(a)(22) of the Immigration and 
Nationality Act, 8 U.S.C. 1101(a)(22))'' after ``national of the United 
States''.

SEC. 610. FEDERAL AVIATION ADMINISTRATION REPORTING RESPONSIBILITY.

    (a) In General.--Chapter 449 of title 49, United States Code, is 
amended by inserting after section 44901 the following new section:
``Sec. 44901A. Discoveries of controlled substances or cash in excess 
              of $10,000
    ``Not later than 90 days after the date of the enactment of this 
section, the Administrator shall issue regulations requiring employees 
and agents referred to in subsection (a) to report to appropriate 
Federal and State law enforcement officers any incident in which the 
employee or agent, in the course of conducting screening procedures 
pursuant to subsection (a), discovers a controlled substance the 
possession of which may be a violation of Federal or State law, or any 
sizable sums of cash in excess of $10,000 the possession of which may 
be a violation of Federal or State law.''.
    (b) Technical Amendment.--The analysis for chapter 449 of title 49, 
United States Code, is amended by inserting after the item relating to 
section 44901 the following new item:

``44901A. Discoveries of controlled substances or cash in excess of 
                            $10,000.''.

SEC. 611. INFORMATION TRANSFER.

    Section 245A(c)(5)(C) of the Immigration and Nationality Act (8 
U.S.C. 1255a(c)(5)(C)) is amended by striking ``except that the 
Attorney General'' and all that follows through ``section 8 of title 
13, United States Code.'' and inserting ``except that the Attorney 
General--
                            ``(i) may authorize an application to a 
                        Federal court of competent jurisdiction for, 
                        and a judge of such court may grant, an order 
                        authorizing disclosure of information contained 
                        in the application of the alien (as a result of 
                        an investigation of the alien by an 
                        investigative officer or law enforcement 
                        officer) that is necessary to locate and 
                        identify the alien if--
                                    ``(I) such disclosure may result in 
                                the discovery of information leading 
                                the location and identity of the alien; 
                                and
                                    ``(II) such disclosure (and the 
                                information discovered as a result of 
                                such disclosure) will be used only for 
                                criminal law enforcement purposes as 
                                against the alien whose file is being 
                                accessed;
                            ``(ii) may furnish information under this 
                        section with respect to an alien to an official 
                        coroner (upon the written request of the 
                        coroner) for the purposes of permitting the 
                        coroner to identify a deceased individual; and
                            ``(iii) may provide, in the Attorney 
                        General's discretion, for the furnishing of 
                        information furnished under this section in the 
                        same manner and circumstances as census 
                        information may be disclosed to the Secretary 
                        of Commerce under section 8 of title 13, United 
                        States Code.''.

SEC. 612. EXTRADITION.

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

SEC. 613. FEDERAL BUREAU OF INVESTIGATION REPORT.

    Not later than January 31, 1997, the Director of the Federal Bureau 
of Investigations shall report to Congress on the effectiveness of 
section 2339A of title 18, United States Code (as added by section 
120005(a) of the Violent Crime Control and Law Enforcement Act of 
1994). The report shall include any recommendations of the Director for 
changes in existing law that are needed to improve the effectiveness of 
such section.

SEC. 614. INCREASED PENALTIES FOR TERRORISM CRIMES.

    (a) Title 18, United States Code, is amended--
            (1) in section 114, by striking ``maim or disfigure'' and 
        inserting ``torture, maim, or disfigure''; and
            (2) in section 371, by striking ``$10,000 or imprisoned not 
        more than five years'' and inserting ``$10,000 in excess of the 
        monetary gain from the conspiracy, or imprisoned not more than 
        twenty years'';
            (3) in section 755--
                    (A) by striking ``$2,000'' and inserting 
                ``$5,000'';
                    (B) by striking ``two years'' and inserting ``five 
                years''; and
                    (C) by striking ``$500'' and inserting ``$1,000'';
            (4) in section 756, by striking ``$1,000 or imprisoned not 
        more than one year'' and inserting ``$5,000 or imprisoned not 
        more than five years'';
            (5) in section 878(a), by striking ``by killing, 
        kidnapping, or assaulting a foreign official, official guest, 
        or internationally protected person'';
            (6) in section 1113, by striking ``three years or fined'' 
        and inserting ``seven years'';
            (7) in section 1114, by inserting ``any member of the 
        United States Armed Forces who is engaged in noncombat related 
        official activities,'' after ``such marshal or deputy 
        marshal'';
            (8) in section 1116(a), by inserting ``or to death,'' after 
        ``imprisonment for life,''; and
            (9) in section 2332(c), by striking ``five'' and inserting 
        ``ten''.
    (b) Section 1472(l)(1) of title 49 App., United States Code is 
amended by striking ``one'' and inserting ``ten''.

SEC. 615. CRIMINAL OFFENSES COMMITTED OUTSIDE THE UNITED STATES BY 
              PERSONS ACCOMPANYING THE ARMED FORCES.

    (a) Title 18, United States Code, is amended by inserting after 
chapter 211 the following:

  ``CHAPTER 212--CRIMINAL OFFENSES COMMITTED OUTSIDE THE UNITED STATES

``Sec. 3261. Criminal offenses committed by persons formerly serving 
              with, or presently employed by or accompanying, the Armed 
              Forces outside the United States
    ``(a) Whoever, while serving with, employed by, or accompanying the 
Armed Forces outside the United States, engages in conduct which would 
constitute an offense punishable by imprisonment for more than one year 
if the conduct had been engaged in within the special maritime and 
territorial jurisdiction of the United States, shall be guilty of a 
like offense and subject to a like punishment.
    ``(b) Nothing contained in this chapter deprives courts-martial, 
military commissions, provost courts, or other military tribunals of 
concurrent jurisdiction with respect of offenders or offenses that by 
statute or by the law of war may be tried by courts-martial, military 
commissions, provost courts, or other military tribunals.
    ``(c) No prosecution may be commenced under this section if a 
foreign government, in accordance with jurisdiction recognized by the 
United States, has prosecuted or is prosecuting such person for the 
conduct constituting such offense, except upon the approval of the 
Attorney General of the United States or the Deputy Attorney General of 
the United States (or a person acting in either such capacity), which 
function of approval may not be delegated.
    ``(d)(1) The Secretary of Defense may designate and authorize any 
person serving in a law enforcement position in the Department of 
Defense to arrest outside the United States any person described in 
subsection (a) of this section who there is probable cause to believe 
engaged in conduct which constitutes a criminal offense under such 
section.
    ``(2) A person arrested under paragraph (1) of this section shall 
be released to the custody of civilian law enforcement authorities of 
the United States for removal to the United States for judicial 
proceedings in relation to conduct referred to in such paragraph 
unless--
            ``(A) such person is delivered to authorities of a foreign 
        country under section 3262 of this title; or
            ``(B) such person has had charges preferred against him 
        under chapter 47 of title 10 for such conduct.
``Sec. 3262. Delivery to authorities of foreign countries
    ``(a) Any person designated and authorized under section 3261(d) of 
this title may deliver a person described in section 3261(a) of this 
title to the appropriate authorities of a foreign country in which such 
person is alleged to have engaged in conduct described in such 
subsection (a) of this section if--
            ``(1) the appropriate authorities of that country request 
        the delivery of the person to such country for trial for such 
        conduct as an offense under the laws of that country; and
            ``(2) the delivery of such person to that country is 
        authorized by a treaty or other international agreement to 
        which the United States is a party.
    ``(b) The Secretary of Defense shall determine what officials of a 
foreign country constitute appropriate authorities for the purpose of 
this section.
``Sec. 3263. Regulations
    ``The Secretary of Defense shall issue regulations governing the 
apprehension, detention, and removal of persons under this chapter. 
Such regulations shall be uniform throughout the Department of Defense.
``Sec. 3264. Definitions for chapter
    ``As used in this chapter--
            ``(1) a person is `employed by the armed forces outside the 
        United States' if he or she is employed as a civilian employee 
        of a military department, as a Department of Defense 
        contractor, or as an employee of a Department of Defense 
        contractor, is present or residing outside the United States in 
        connection with such employment, and is not a national of the 
        host nation.
            ``(2) a person is `accompanying the armed forces outside 
        the United States' if he or she is a dependent of a member of 
        the armed forces and is residing with the member outside the 
        United States.''.
    (b) The table of chapters at the beginning of part II of title 18, 
United States Code, is amended by inserting after the item relating to 
chapter 211 the following:

``212. Criminal Offenses Committed Outside the United States    3261''.

           TITLE VII--MISCELLANEOUS AND TECHNICAL PROVISIONS

              Subtitle A--Elimination of Certain Programs

SEC. 701. ELIMINATION OF INEFFECTIVE PROGRAMS.

    Subtitles A through S and subtitles U and X of title III, title V, 
and title XXVII of the Violent Crime Control and Law Enforcement Act of 
1994, and the amendments made thereby, are repealed.

        Subtitle B--Amendments Relating to Violent Crime Control

SEC. 711. VIOLENT CRIME AND DRUG EMERGENCY AREAS REPEAL.

    Section 90107 of the Violent Crime Control and Law Enforcement Act 
of 1994 is repealed.

SEC. 712. EXPANSION OF 18 U.S.C. 1959 TO COVER COMMISSION OF ALL 
              VIOLENT CRIMES IN AID OF RACKETEERING ACTIVITY AND 
              INCREASED PENALTIES.

    Section 1959(a) of title 18, United States Code, is amended--
            (1) by inserting ``or commits any other crime of violence'' 
        before ``or threatens to commit a crime of violence against'';
            (2) in paragraph (4) by inserting ``committing any other 
        crime of violence or for'' before ``threatening to commit a 
        crime of violence'', and by striking ``five'' and inserting 
        ``ten'';
            (3) in paragraph (5) by striking ``ten'' and inserting 
        ``twenty''; 
            (4) in paragraph (6) by striking ``or'' before ``assault 
        resulting in serious bodily injury,'', by inserting ``or any 
        other crime of violence'' after those same words, and by 
        striking ``three'' and inserting ``ten''; and
            (5) by inserting ``(as defined in section 1365 of this 
        title)'' after ``serious bodily injury'' the first place it 
        appears.

SEC. 713. AUTHORITY TO INVESTIGATE SERIAL KILLINGS.

    (a) Chapter 33 of title 28, United States Code, is amended by 
adding after section 537 the following new section:
``Sec. 538. Investigation of serial killings
    ``The Attorney General and the Federal Bureau of Investigation may 
investigate serial killings in violation of the laws of a State or 
political subdivision, when such investigation is requested by the head 
of a law enforcement agency with investigative or prosecutive 
jurisdiction over the offense. For purposes of this section--
            ``(1) the term `serial killings' means a series of three or 
        more killings, at least one of which was committed within the 
        United States, having common characteristics such as to suggest 
        the reasonable possibility that the crimes were committed by 
        the same actor or actors;
            ``(2) `killing' means conduct that would constitute an 
        offense under section 1111 of title 18, United States Code, if 
        Federal jurisdiction existed;
            ``(3) and section 540, `State' means a State of the United 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.''.
    (b) The table of contents for chapter 33 of title 28, United States 
Code, is amended by inserting after the item for section 537 the 
following:

``538. Investigation of serial killings.''.

SEC. 714. FIREARMS AND EXPLOSIVES CONSPIRACY.

    (a) Section 924 of title 18, United States Codes, is amended by 
adding at the end the following new subsection:
    ``(o) Except as otherwise provided in this section, a person who 
conspires to commit any offense defined in this chapter shall be 
subject to the same penalties (other than the penalty of death) as 
those prescribed for the offense the commission of which was the object 
of the conspiracy.''.
    (b) Section 844 of title 18, United States Code, is amended by 
adding at the end the following new subsection:
    ``(n) Except as otherwise provided in this section, a person who 
conspires to commit any offense defined in this chapter shall be 
subject to the same penalties (other than the penalty of death) as 
those prescribed for the offense the commission of which was the object 
of the conspiracy.''.

SEC. 715. INCREASED PENALTIES FOR VIOLENCE IN THE COURSE OF RIOT 
              OFFENSES.

    Section 2101(a) of title 18, United States Code, is amended by 
striking ``Shall be fined under this title, or imprisoned not more than 
five years, or both'' and inserting ``Shall be fined under this title 
or (i) if death results from such act, be imprisoned for any term of 
years or for life, or both; (ii) if serious bodily injury (as defined 
in section 1365 of this title) results from such act, be imprisoned for 
not more than twenty years, or both; or (iii) in any other case, be 
imprisoned for not more than five years, or both''.

SEC. 716. PRETRIAL DETENTION FOR POSSESSION OF FIREARMS OR EXPLOSIVES 
              BY CONVICTED FELONS.

    Section 3156(a)(4) of title 18, United States Code, is amended--
            (1) by striking ``or'' at the end of subparagraph (B);
            (2) by striking the period at the end of subparagraph (C) 
        and inserting ``; or''; and
            (3) by adding after subparagraph (C) the following new 
        subparagraph:
                    ``(D) an offense that is a violation of section 
                842(i) or 922(g) of this title (relating to possession 
                of explosives or firearms by convicted felons).''.

SEC. 717. ELIMINATION OF UNJUSTIFIED SCIENTER ELEMENT FOR CARJACKING.

    Section 2119 of title 18, United States Code, is amended by 
striking ``, with the intent to cause death or serious bodily harm''.

SEC. 718. THEFT OF VESSELS.

    (a) Section 2311 of title 18, United States Code, is amended by 
adding at the end the following:
    ```Vessel' means any watercraft or other contrivance used or 
designed for transportation or navigation on, under, or immediately 
above, water.'';
    (b) Sections 2312 and 2313 of title 18, United States Code, are 
each amended by striking ``motor vehicle or aircraft'' and inserting 
``motor vehicle, vessel, or aircraft''.

SEC. 719. CLARIFICATION OF AGREEMENT REQUIREMENT FOR RICO CONSPIRACY.

    Section 1962(d) of title 18, United States Code, is amended by 
adding at the end ``For purposes of this subsection, it is not 
necessary to establish that the defendant agreed personally to commit 
any acts of racketeering activity.''

SEC. 720. ADDITION OF ATTEMPT COVERAGE FOR INTERSTATE DOMESTIC VIOLENCE 
              OFFENSE.

    Section 2261(a) of title 18, United States Code, is amended--
            (1) in subsection (a)(1) by inserting ``or attempts to do 
        so,'' after ``thereby causes bodily injury to such spouse or 
        intimate partner,''; and
            (2) in subsection (a)(2) by inserting ``or attempts to do 
        so,'' after ``thereby causes bodily injury to the person's 
        spouse or intimate partner,''.

SEC. 721. ADDITION OF FOREIGN MURDER AS A MONEY LAUNDERING PREDICATE.

    Section 1956(c)(7)(B)(ii) of title 18, United States Code, is 
amended by inserting ``murder,'' before ``kidnapping''.

SEC. 722. ASSAULTS OR OTHER CRIMES OF VIOLENCE FOR HIRE.

    Section 1958(a) of title 18, United States Code, is amended by 
inserting ``or other felony crime of violence against the person'' 
after ``murder''.

SEC. 723. THREATENING TO USE A WEAPON OF MASS DESTRUCTION.

    Section 2332a(a) of title 18, United States Code, is amended by 
inserting ``or threatens'' before ``or attempts or conspires to use, a 
weapon of mass destruction''.

SEC. 724. TECHNICAL AMENDMENTS.

    Section 60002 of the Violent Crime Control and Law Enforcement Act 
of 1994 is amended--
            (1) by striking the words ``pursuant to this chapter'' in 
        section 3596 of title 18; and
            (2) by striking section 3597(a) of title 18 and replacing 
        it with:
    ``(a) In General.--A United States marshal charged with supervising 
the implementation of a sentence of death shall use appropriate Federal 
facilities for the purpose.''.

        Subtitle C--Amendments Relating to Courts and Sentencing

SEC. 731. ALLOWING A REDUCTION OF SENTENCE FOR PROVIDING USEFUL 
              INVESTIGATIVE INFORMATION ALTHOUGH NOT REGARDING A 
              PARTICULAR INDIVIDUAL.

    Section 3553(e) of title 18, United States Code, section 994(n) of 
title 28, United States Code, and Rule 35(b) of the Federal Rules of 
Criminal Procedure are each amended by striking ``substantial 
assistance in the investigation or prosecution of another person who 
has committed an offense'' and inserting ``substantial assistance in an 
investigation of any offense or the prosecution of another person who 
has committed an offense''.

SEC. 732. APPEALS FROM CERTAIN DISMISSALS.

    Section 3731 of title 18, United States Code, is amended by 
inserting ``or any part thereof'' after ``as to any one or more 
counts''.

SEC. 733. ELIMINATION OF OUTMODED CERTIFICATION REQUIREMENT FROM THE 
              GOVERNMENT APPEAL STATUTE.

    Section 3731 of title 18, United States Code, is amended in the 
second paragraph by striking ``, if the United States attorney 
certifies to the district court that the appeal is not taken for 
purpose of delay and that the evidence is a substantial proof of a fact 
material in the proceeding''.

SEC. 734. CLARIFICATION OF MEANING OF OFFICIAL DETENTION FOR PURPOSES 
              OF CREDIT FOR PRIOR CUSTODY.

    Section 3585(b) of title 18, United States Code, is amended by 
adding at the end: ``For purposes of this subsection, `official 
detention' does not include detention at a community-based treatment or 
correctional facility.''.

SEC. 735. LIMITATION ON REDUCTION OF SENTENCE FOR SUBSTANTIAL 
              ASSISTANCE OF DEFENDANT.

    (a) Section 994(n) of title 18, United States Code, is amended by 
adding the following at the end thereof: ``The power to reduce a 
sentence under this section authorizes a court to impose a sentence 
that is below a level established by statute as a minimum sentence only 
on motion of the government specifically seeking reduction below such 
level.''.
    (b) Rule 35(b) of the Federal Rules of Criminal Procedure is 
amended by adding ``only if the motion of the government specifically 
seeks reduction below such level'' after ``minimum sentence''.

SEC. 736. IMPROVEMENT OF HATE CRIMES SENTENCING PROCEDURE.

    Section 280003(b) of Public Law 103-322 is amended by striking 
``the finder of fact at trial'' and inserting ``the court at 
sentencing''.

SEC. 737. CLARIFICATION OF LENGTH OF SUPERVISED RELEASE TERMS IN 
              CONTROLLED SUBSTANCE CASES.

    Sections 401(b)(1) (A), (B), (C), and (D) of the Controlled 
Substances Act (21 U.S.C. 841(b)(1) (A), (B), (C), and (D)) are each 
amended by striking ``Any sentence'' and inserting ``Notwithstanding 
section 3583 of title 18, any sentence''.

SEC. 738. AUTHORITY OF COURT TO IMPOSE A SENTENCE OF PROBATION OR 
              SUPERVISED RELEASE WHEN REDUCING A SENTENCE OF 
              IMPRISONMENT IN CERTAIN CASES.

    Section 3582(c)(1)(A) of title 18, United States Code, is amended 
by inserting ``(and may impose a sentence of probation or supervised 
release with or without conditions)'' after ``may reduce the term of 
imprisonment''.

SEC. 739. EXTENSION OF PAROLE COMMISSION TO DEAL WITH ``OLD LAW'' 
              PRISONERS.

    For the purposes of section 235(b) of Public Law 98-473 as it 
relates to chapter 311 of title 18, United States Code, and the United 
States Parole Commission, each reference in such section to ``ten 
years'' or a ``ten-year period'' shall be deemed a reference to 
``fifteen years'' or a ``fifteen-year period'', respectively. 
Notwithstanding the provisions of section 4203 of title 18, United 
States Code, the United States Parole Commission is authorized to 
perform its functions with any quorum of Commissioners, or 
Commissioner, currently holding office, as the Commission may prescribe 
by regulation.

SEC. 740. CONFORMING AMENDMENTS RELATING TO SUPERVISED RELEASE.

    (a) Sections 1512(a)(1)(C), 1512(b)(3), 1512(c)(2), 1513(a)(1)(B), 
and 1513(b)(2) are each amended by striking ``violation of conditions 
of probation, parole or release pending judicial proceedings'' and 
inserting ``violation of conditions of probation, supervised release, 
parole, or release pending judicial proceedings''.
    (b) Section 3142 of title 18, United States Code, is amended--
            (1) in subsection (d)(1), by inserting ``, supervised 
        release,'' after ``probation''; and
            (2) in subsection (g)(3), by inserting ``or supervised 
        release'' after ``probation''.

SEC. 741. REPEAL OF OUTMODED PROVISIONS BARRING FEDERAL PROSECUTION OF 
              CERTAIN OFFENSES.

    (a) Sections 659 and 2117 of title 18, United States Code, are each 
amended by striking the first sentence of the last undesignated 
paragraph;
    (b) Sections 660 and 1992 of title 18, United States Code, are each 
amended by striking the last undesignated paragraph;
    (c) Section 2101 of title 18, United States Code, is amended by 
striking subsection (c) and by redesignating subsections (d), (e), and 
(f) as subsections (c), (d), and (e), respectively;
    (d) Section 80a-36 of title 15, United States Code, is amended by 
striking the last sentence;
    (e) Section 1282 of title 15, United States Code, is repealed.

                  Subtitle D--Miscellaneous Amendments

SEC. 751. CONFORMING ADDITION TO OBSTRUCTION OF CIVIL INVESTIGATIVE 
              DEMAND STATUTE.

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

SEC. 752. ADDITION OF ATTEMPTED THEFT AND COUNTERFEITING OFFENSES TO 
              ELIMINATE GAPS AND INCONSISTENCIES IN COVERAGE.

    (a)(1) Section 153 of title 18, United States Code, is amended by 
inserting ``, or attempts so to appropriate, embezzle, spend or 
transfer,'' before ``any property''.
    (2) Section 641 of title 18, United States Code, is amended by 
striking ``or'' at the end of the first paragraph and by inserting 
after such paragraph the following: ``Whoever attempts to commit an 
offense described in the preceding paragraph; or''.
    (3) Section 655 of title 18, United States Code, is amended by 
inserting ``or attempts to steal or so take,'' after ``unlawfully 
takes,''.
    (4) Sections 656 and 657 of title 18, United States Code, are each 
amended--
            (A) by inserting ``, or attempts to embezzle, abstract, 
        purloin, or willfully misapply,'' after ``willfully 
        misapplies''; and
            (B) by inserting ``or attempted to be embezzled, 
        abstracted, purloined, or misapplied'' after ``misapplied''.
    (5) Section 658 of title 18, United States Code, is amended by 
inserting ``or attempts so to remove, dispose of, or convert,'' before 
``any property''.
    (6) Section 659 of title 18, United States Code, is amended--
            (A) in the first and third paragraphs by inserting ``or 
        attempts to embezzle, steal, or so take or carry away,'' after 
        ``carries away,''; and
            (B) in the fourth paragraph by inserting ``or attempts to 
        embezzle, steal, or so take,'' before ``from any railroad 
        car''.
    (7) Section 661 of title 18, United States Code, is amended--
            (A) by inserting ``or attempts so to take and carry away,'' 
        before ``any personal property''; and
            (B) by inserting ``or attempted to be taken'' after 
        ``taken'' each place it appears;
    (8) Section 664 of title 18, United States Code, is amended by 
inserting ``or attempts to embezzle, steal, or so abstract or 
convert,'' before ``any of the moneys''.
    (9) Section 665(a) of title 18, United States Code, is amended--
            (A) by inserting ``, or attempts to embezzle, so misapply, 
        steal, or obtain by fraud,'' before ``any of the moneys''; and
            (B) by inserting ``or attempted to be embezzled, 
        misapplied, stolen, or obtained by fraud'' after ``obtained by 
        fraud''.
    (10) Section 666(a) (1) (A) of title 18, United States Code, is 
amended by inserting ``or attempts to embezzle, steal, obtain by fraud, 
or so convert or misapply,'' before ``property''.
    (11) Section 1025 of title 18, United States Code, is amended--
            (A) by inserting ``or attempts to obtain'' after 
        ``obtains''; and
            (B) by inserting ``or attempted to be obtained'' after 
        ``obtained''.
    (12) Section 1163 of title 18, United States Code, is amended by 
inserting ``attempts so to embezzle, steal, convert, or misapply,'' 
after ``willfully misapplies,''.
    (13) Sections 1167 (a) and (b) of title 18, United States Code, are 
each amended by inserting ``or attempts so to abstract, purloin, 
misapply, or take and carry away,'' before ``any money''.
    (14) Sections 1168 (a) and (b) of title 18, United States Code, are 
each amended by inserting ``or attempts so to embezzle, abstract, 
purloin, misapply, or take and carry away,'' before ``any moneys,''.
    (15) Section 1707 of title 18, United States Code, is amended by 
inserting ``, or attempts to steal, purloin, or embezzle,'' before 
``any property'' and by inserting ``or attempts to appropriate'' after 
``appropriates''.
    (16) Section 1708 of title 18, United States Code, is amended in 
the second paragraph by inserting ``or attempts to steal, take, or 
abstract,'' after ``abstracts,'' and by inserting ``, or attempts so to 
obtain,'' after ``obtains''.
    (17) Section 1709 of title 18, United States Code, is amended--
            (A) by inserting ``or attempts to embezzle'' after 
        ``embezzles''; and
            (B) by inserting ``, or attempts to steal, abstract, or 
        remove,'' after ``removes''.
    (18) Section 2113(b) of title 18, United States Code, is amended by 
inserting ``or attempts so to take and carry away,'' before ``any 
property'' each place it appears.
    (b)(1) Section 477 of title 18, United States Code, is amended by 
inserting ``, or attempts so to sell, give, or deliver,'' before ``any 
such imprint''.
    (2) Section 479 of title 18, United States Code, is amended by 
inserting ``or attempts to utter or pass,'' after ``passes,''.
    (3) Section 490 of title 18, United States Code, is amended by 
inserting ``attempts to pass, utter, or sell,'' before ``or 
possesses''.
    (4) Section 513(a) of title 18, United States Code, is amended by 
inserting ``or attempts to utter,'' after ``utters''.

SEC. 753. CLARIFICATION OF SCIENTER REQUIREMENT FOR RECEIVING PROPERTY 
              STOLEN FROM AN INDIAN TRIBAL ORGANIZATION.

    Section 1163 of title 18, United States Code, is amended in the 
second paragraph by striking ``so''.

SEC. 754. LARCENY INVOLVING POST OFFICE BOXES AND POSTAL STAMP VENDING 
              MACHINES.

    Section 2115 of title 18, United States Code, is amended--
            (1) by striking ``or'' before ``any building'';
            (2) by inserting ``or any post office box or postal stamp 
        vending machine within such a building,'' after ``used in whole 
        or in part as a post office,''; and
            (3) by inserting ``or in such box or machine,'' after ``so 
        used''.

SEC. 755. CONFORMING AMENDMENT TO LAW PUNISHING OBSTRUCTION OF JUSTICE 
              BY NOTIFICATION OF EXISTENCE OF A SUBPOENA FOR RECORDS IN 
              CERTAIN TYPES OF INVESTIGATIONS.

    Section 1510(b)(3)(B) of title 18, United States Code, is amended--
            (1) by striking ``or'' at the end of subparagraph (i);
            (2) by striking the period and inserting ``; or'' at the 
        end of subparagraph (ii); and
            (3) by adding the following new subparagraph:
                            ``(iii) the Controlled Substances Act, the 
                        Controlled Substances Import and Export Act, or 
                        section 60501 of the Internal Revenue Code of 
                        1986.''.

SEC. 756. CLOSING LOOPHOLE IN OFFENSE OF ALTERING OR REMOVING MOTOR 
              VEHICLE IDENTIFICATION NUMBERS.

    Section 511(c)(1) of title 18, United States Code, is amended --
            (1) by inserting ``(i)'' after ``for purposes of 
        identification''; and
            (2) by inserting before the semicolon ``or
                            ``(ii) which can be correlated to a 
                        particular motor vehicle or part''.

SEC. 757. APPLICATION OF VARIOUS OFFENSES TO POSSESSIONS AND 
              TERRITORIES.

    (a) Sections 241 and 242 of title 18, United States Code, are each 
amended by striking ``any State, Territory, or District'' and inserting 
``any State, Territory, Commonwealth, Possession, or District''.
    (b) Sections 793(h)(1) and 794(d)(1) of title 18, United States 
Code, are each amended by adding at the end the following: ``For the 
purposes of this subsection, the term `State' includes a State of the 
United States, the District of Columbia, and any commonwealth, 
territory, or possession of the United States.''.
    (c) Section 925(a)(5) of title 18, United States Code, is amended 
by striking ``For the purpose of paragraphs (3) and (4)'' and inserting 
``For the purpose of paragraph (3)''.
    (d) Sections 1014 and 2113(g) of title 18, United States Code, are 
each amended by adding at the end the following: ``The term `State-
chartered credit union' includes a credit union chartered under the 
laws of a State of the United States, the District of Columbia, or any 
commonwealth, territory, or possession of the United States.''.
    (e) Section 1073 of title 18, United States Code, is amended by 
adding at the end of the first paragraph the following: ``For the 
purposes of clause (3) of this paragraph, the term `State' includes a 
State of the United States, the District of Columbia, and any 
commonwealth, territory, or possession of the United States.''.
    (f) Section 1715 of title 18, United States Code, is amended by 
striking ``State, Territory, or District'' each place those words 
appear and inserting ``State, Territory, Commonwealth, Possession, or 
District''.
    (g) Section 1716 of title 18, United States Code, is amended--
            (1) in subsection (g)(2) by striking ``State, Territory, or 
        the District of Columbia'' and inserting ``State'';
            (2) in subsection (g)(3) by striking ``the municipal 
        government of the District of Columbia or of the government of 
        any State or territory, or any county, city or other political 
        subdivision of a State'' and inserting ``any State, or any 
        political subdivision of a State''; and
            (3) by inserting a new subsection (j), as follows:
    ``(j) For purposes of this section, the term `State' includes a 
State of the United States, the District of Columbia, and any 
commonwealth, territory, or possession of the United States.''.
    (h) Section 1761 of title 18, United States Code, is amended by 
adding at the end a new subsection, as follows:
    ``(d) For the purposes of this section, the term `State' means a 
State of the United States and any commonwealth, territory, or 
possession of the United States.''.
    (i) Section 3156(a) of title 18, United States Code, is amended--
            (1) by striking ``and'' at the end of paragraph (3);
            (2) by striking the period and inserting ``; and'' at the 
        end of paragraph (4); and
            (3) by adding a new paragraph (5), as follows:
            ``(5) the term `State' includes a State of the United 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.''.
    (j) Section 102(26) of the Controlled Substances Act (21 U.S.C. 
802(26)) is amended to read as follows:
            ``(26) the term `State' means a State of the United States, 
        the District of Columbia and any commonwealth, territory, or 
        possession of the United States.''.
    (k) Section 1121 of title 18, United States Code, is amended by 
inserting at the end a new subsection (c) as follows:
    ``(c) For the purposes of this section, the term `State' means a 
State of the United States, the District of Columbia, and any 
commonwealth, territory, or possession of the United States.''.
    (l) Section 228(d)(2) of title 18, United States Code, is amended 
by inserting ``commonwealth,'' before ``possession or territory of the 
United States''.

SEC. 758. ADJUSTING AND MAKING UNIFORM THE DOLLAR AMOUNTS USED IN TITLE 
              18 TO DISTINGUISH BETWEEN GRADES OF OFFENSES.

    (a) Sections 215, 288, 641, 643, 644, 645, 646, 647, 648, 649, 650, 
651, 652, 653, 654, 655, 656, 657, 658, 659, 661, 662, 665, 872, 1003, 
1025, 1163, 1361, 1707, 1711, and 2113 of title 18, United States Code, 
are each amended by striking ``$100'' each place it appears and 
inserting ``$1,000''.
    (b) Section 510 of title 18, United States Code, is amended by 
striking ``$500'' and inserting ``$1,000''.
    (c) Section 1864 of title 18, United States Code, is amended by 
striking ``$10,000'' and inserting ``$1,000''.

SEC. 759. CONFORMING AMENDMENT CONCERNING MARIJUANA PLANTS.

    Section 1010(b)(4) of the Controlled Substances Import and Export 
Act (21 U.S.C. 960(b)(4)) is amended by striking ``except in the case 
of 100 or more marihuana plants'' and inserting ``except in the case of 
50 or more marihuana plants''.

SEC. 760. ACCESS TO CERTAIN RECORDS.

    Section 551 of title 47, United States Codes, is amended by adding 
at the end the following new subsection:
    ``(i) Limited Exception for Federal Grand Jury Proceeding.--Nothing 
in this section shall apply to any subpoena or court order issued to a 
cable operator for basic subscriber information in connection with 
proceedings before a Federal grand jury. A court shall have authority 
to order a cable operator not to notify the subscriber of the existence 
of a subpoena or court order to which this subsection is applicable. 
For purposes of this subsection, the term `basic subscriber 
information' means information stating whether or not a person is or 
was a subscriber and the name and address (past or present) of a 
subscriber.''

SEC. 761. CLARIFICATION OF INAPPLICABILITY OF 18 U.S.C. 2515 TO CERTAIN 
              DISCLOSURES.

    Section 2515 of title 18, United States Code, is amended by adding 
at the end the following: ``This section shall not apply to the 
disclosure by the United States, a State, or political subdivision in a 
criminal trial or hearing or before a grand jury of the contents of a 
wire or oral communication, or evidence derived therefrom, the 
interception of which was in violation of section 2511(2)(d) (relating 
to certain interceptions not under color of law).''.

SEC. 762. CLARIFYING OR CONFORMING AMENDMENTS ARISING FROM THE 
              ENACTMENT OF PUBLIC LAW 103-322.

    (a) Section 3286 of title 18, United States Code, is amended by 
striking ``any offense'' and inserting ``any non-capital offense''.
    (b) Section 5032 of title 18, United States Code, is amended by 
striking ``1111, 1113'' and inserting ``1111, 1112, 1113''.
    (c) Section 81 of title 18, United States Code, is amended by 
striking ``fined under this title or imprisoned not more than five 
years'' and inserting ``imprisoned not more than twenty years or fined 
the greater of the fine under this title or the cost of repairing or 
replacing any property that is damaged or destroyed''.
    (d)(1)(A) Chapter 213 of title 18, United States Code, is amended 
by adding at the end a new section, as follows:
``Sec. 3294. Arson offenses
    ``No person shall be prosecuted, tried, or punished for any 
noncapital offense under sections 81, 844 (f), (h), or (i) of this 
title unless the indictment is found or the information is instituted 
within 10 years after the date on which the offense was committed.''
    (B) The chapter index for chapter 213 of title 18, United States 
Code, is amended by inserting at the end the following:

        ``3294. Arson offenses.''.
    (2) Section 844(i) of title 18, United States Code, is amended by 
striking the last sentence.
    (e) Section 704(b)(2) of title 18, United States Code, is amended 
by striking ``with respect to a Congressional Medal of Honor''.
    (f) Section 408 of the Controlled Substances Act (21 U.S.C. 848) is 
amended--
            (1) by striking subsections (g)-(p), (g)(1)-(3), and (r); 
        and
            (2) by redesignating subsections (g)(4)-(10) as (f)(1)-(7).
    (g) Sections 2261(b)(3) and 2262(b)(3) of title 18, United States 
Code, are each amended by inserting ``(as defined in section 1365 of 
this title)'' after ``serious bodily injury''.
    (h)(1) Section 2261 of title 18, United States Code, is amended--
            (A) in paragraph (a)(1) by striking ``with the intent to 
        injure, harass, or intimidate'' and inserting ``with the intent 
        to kill, injure, harass, or intimidate''; and
            (B) in paragraphs (a)(1) and (a)(2) by inserting ``or 
        death'' after ``and thereby causes bodily injury''.
    (2) Section 2262 of title 18, United States Code, is amended--
            (A) in paragraph (a)(1) by inserting ``or death'' after 
        ``bodily injury''; and
            (B) in paragraph (a)(2) by striking ``commits an act that 
        injures'' and inserting ``commits an act that causes bodily 
        injury or death to''.

SEC. 763. TECHNICAL AMENDMENTS.

    (a) Section 112 of title 18, United States Code, is amended by 
striking ``fined not more than $10,000'' and inserting ``fined under 
this title''.
    (b) Sections 152, 153, and 154 of title 18, United States Code, are 
each amended by striking ``fined not more than $5,000'' and inserting 
``fined under this title''.
    (c) Section 970 of title 18, United States Code, is amended by 
striking ``fined not more than $500'' and inserting ``fined under this 
title''.
    (d) Sections 922(a)(2) and (a)(3) of title 18, United States Code, 
are each amended by striking ``subsection (B)(3)'' and inserting 
``subsection (b)(3)''.
    (e) Section 844(h) of title 18, United States Code, is amended--
            (1) by striking ``be sentenced to imprisonment for 5 years 
        but not more than 15 years'' and inserting ``be sentenced to 
        imprisonment for a minimum of 5 and a maximum of 15 years''; 
        and
            (2) by striking ``be sentenced to imprisonment for 10 years 
        but not more than 25 years'' and inserting ``be sentenced to 
        imprisonment for a minimum of 10 and a maximum of 25 years''.
    (f) Section 3582(c)(1)(A)(i) of title 18, United States Code, is 
amended by inserting ``or'' after the semicolon.
    (g) Section 2516(1)(l) of title 18, United States Code, is amended 
by striking ``or'' after the semicolon.
    (h) Section 5032 of title 18, United States Code, is amended by 
inserting ``or as authorized under section 3401(g) of this title'' 
after ``shall proceed by information''.
    (i) Section 1114 of title 18, United States Code, is amended by 
striking ``1112.,'' and inserting ``1112,''.
    (j) Section 3553(f) of title 18, United States Code, is amended by 
striking ``section 1010 or 1013 of the Controlled Substances Import and 
Export Act (21 U.S.C. 961, 963)'' and inserting ``section 1010 or 1013 
of the Controlled Substances Import and Export Act (21 U.S.C. 960, 
963)''.
    (k) Section 1961(1)(D) of title 18, United States Code, is amended 
by striking ``that title'' and inserting ``this title''.
    (l) Section 1510(b)(2)(B) of title 18, United States Code, is 
amended by striking ``that subpoena'' the first place it appears and 
inserting ``that subpoena for records''.
    (m) Section 3286 of title 18, United States Code, is amended--
            (1) by striking ``2331'' and inserting ``2332;
            (2) by striking ``2339'' and inserting ``2332a''; and
            (3) by striking ``36'' and inserting ``37''.
    (n) Section 2339A of title 18, United States Code is amended--
            (1) by striking ``2331'' and inserting ``2332;
            (2) by striking ``2339'' and inserting ``2332a'';
            (3) by striking ``36'' and inserting ``37''; and
            (4) by striking ``of an escape'' and inserting ``or an 
        escape''.
    (o) Section 2340(1) of title 18, United States Code, is amended by 
striking ``with custody'' and inserting ``within his or her custody''.
    (p) Section 504 of title 18, United States Code, is amended--
            (1) in paragraph (2) by striking ``The'' the first place it 
        appears and inserting ``the''; and
            (2) in paragraph (3) by striking ``importation, of - 
        motion-picture films'' and inserting ``importation of motion-
        picture films''.
    (q) Section 924(a) of title 18, United States Code, is amended by 
redesignating the second paragraph (5) (relating to violations of 
section 922(x)) as paragraph (6).

SEC. 764. SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the 
application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this Act, 
the amendments made by this Act, and the application of the provisions 
of such to any person or circumstance shall not be affected thereby.
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