[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 488 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 488

               To control crime, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 20, 1997

    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 ``Crime Prevention 
Act of 1997''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                 TITLE I--EQUAL PROTECTION FOR VICTIMS

Sec. 101. Right of victim to an impartial jury.
Sec. 102. Rebuttal of attacks on the character of victim.
Sec. 103. Right of victim to allocution in sentencing.
Sec. 104. Right of victim to fair treatment in legal proceedings.
Sec. 105. Use of notice concerning release of offender.
Sec. 106. Balance in the composition of rules committees.
                      TITLE II--DOMESTIC VIOLENCE

Sec. 201. Death penalty for fatal domestic violence offenses.
Sec. 202. Evidence of disposition of defendant toward victim in 
                            domestic violence cases and other cases.
Sec. 203. Battered women's syndrome evidence.
Sec. 204. HIV testing of defendants in sexual assault cases.
                          TITLE III--FIREARMS

Sec. 301. Mandatory minimum sentences for criminals using firearms.
Sec. 302. Firearms possession by violent felons and serious drug 
                            offenders.
Sec. 303. Use of firearms in connection with counterfeiting or forgery.
Sec. 304. Possession of an explosive during the commission of a felony.
                      TITLE IV--EXCLUSIONARY RULE

Sec. 401. Admissibility of certain evidence.
                     TITLE V--FEDERAL DEATH PENALTY

Sec. 501. Strengthening of Federal death penalty standards and 
                            procedures.
Sec. 502. Murder of witness as aggravating factor.
Sec. 503. Death penalty for murders committed with firearms.
Sec. 504. Death penalty for murders committed in the District of 
                            Columbia.
                        TITLE VI--HABEAS CORPUS

Sec. 601. Stopping abuse of Federal collateral remedies.
                     TITLE VII--JUVENILES AND DRUGS

Sec. 701. Serious juvenile drug offenses as Armed Career Criminal Act 
                            predicates.
Sec. 702. Adult prosecution of serious juvenile offenders.
Sec. 703. Increased penalties for recidivists committing drug crimes 
                            involving minors.
Sec. 704. Amendments concerning records of crimes committed by 
                            juveniles.
Sec. 705. Drive-by shootings.
Sec. 706. Steroids offense.
Sec. 707. Drug testing of Federal offenders.
                  TITLE VIII--ADMINISTRATIVE SUBPOENA

Sec. 801. Authorization for United States Secret Service to issue and 
                            serve administrative summonses.
                        TITLE X--SPECIAL MASTERS

Sec. 1001. Special masters.
    TITLE XI--LIMITATIONS ON SOCIAL SECURITY BENEFITS FOR PRISONERS

Sec. 1101. Implementation of prohibition against payment of title II 
                            benefits to prisoners.
Sec. 1102. Elimination of title II requirement that confinement be a 
                            result of crime punishable by imprisonment 
                            for more than 1 year.
Sec. 1103. Inclusion of title II issues in study and report 
                            requirements relating to prisoners.
Sec. 1104. Conforming title XVI amendments.
Sec. 1105. Exemption from computer matching requirements.
                  TITLE XIII--MISCELLANEOUS PROVISIONS

Sec. 1301. Prisoner copayments for health care services.

                 TITLE I--EQUAL PROTECTION FOR VICTIMS

SEC. 101. RIGHT OF VICTIM TO AN IMPARTIAL JURY.

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

SEC. 102. REBUTTAL OF ATTACKS ON THE CHARACTER OF VICTIM.

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

SEC. 103. RIGHT OF VICTIM TO ALLOCUTION IN SENTENCING.

    Rule 32 of the Federal Rules of Criminal Procedure is amended--
            (1) in subdivision (c)(3)(E), by striking ``if sentence is 
        to be imposed for a crime of violence or sexual abuse,''; and
            (2) by striking subdivision (f) and inserting the 
        following:
    ``(f) Definition of Victim; Allocution.--
            ``(1) In general.--In this rule, the term `victim' means 
        any individual against whom an offense has been committed for 
        which a sentence is to be imposed.
            ``(2) Allocution.--The right of allocution under 
        subdivision (c)(3)(E) may be exercised, regardless of whether 
        the victim is present, by--
                    ``(A) a parent or legal guardian who is present at 
                the sentencing hearing, if the victim is less than 18 
                years of age or is incompetent; or
                    ``(B) one or more family members or relatives 
                designated by the court and present at the sentencing 
                hearing, if the victim is deceased or incapacitated 
                regardless of whether the victim is present.''.

SEC. 104. RIGHT OF VICTIM TO FAIR TREATMENT IN LEGAL PROCEEDINGS.

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

   ``RULES OF PROFESSIONAL CONDUCT FOR ATTORNEYS IN FEDERAL PRACTICE

``Rule 1. Scope.
``Rule 2. Abuse of Victims and Others Prohibited.
``Rule 3. Duty of Inquiry in Relation to Client.
``Rule 4. Duty To Expedite Litigation.
``Rule 5. Duty To Prevent Commission of Crime.
``Rule 1. Scope
    ``(a) The following rules apply to the conduct of attorneys in 
their representation of clients in relation to proceedings and 
potential proceedings before Federal tribunals.
    ``(b) In the following rules, the terms `Federal tribunal' and 
`tribunal' mean a court of the United States or an agency of the 
Federal Government that carries out adjudicatory or quasi-adjudicatory 
functions.
``Rule 2. Abuse of Victims and Others Prohibited
    ``(a) An attorney shall not engage in any action or course of 
conduct for the purpose of increasing the expense of litigation for any 
person, other than a liability under an order or judgment of a 
tribunal.
    ``(b) An attorney shall not engage in any action or course of 
conduct that has no substantial purpose other than to distress, harass, 
embarrass, burden, or inconvenience another person.
    ``(c) An attorney shall not offer evidence that the attorney knows 
to be false or attempt to discredit evidence that the attorney knows to 
be true.
``Rule 3. Duty of Inquiry in Relation to Client
    ``(a) An attorney shall attempt to elicit from the client a 
truthful account of the material facts concerning the matters in issue.
    ``(b) In representing a client charged with a crime or civil wrong, 
the duty of inquiry under this rule includes--
            ``(1) attempting to elicit from the client a materially 
        complete account of the alleged criminal activity or civil 
        wrong if the client acknowledges involvement in the alleged 
        criminal activity or civil wrong; and
            ``(2) attempting to elicit from the client the material 
        facts relevant to a defense of alibi if the client denies that 
        involvement.
``Rule 4. Duty To Expedite Litigation
    ``(a) An attorney shall seek to bring about the expeditious conduct 
and conclusion of litigation.
    ``(b) An attorney shall not seek a continuance or otherwise attempt 
to delay or prolong proceedings in the hope or expectation that--
            ``(1) evidence will become unavailable;
            ``(2) evidence will become more subject to impeachment or 
        otherwise less useful to another party because of the passage 
        of time; or
            ``(3) an advantage will be obtained in relation to another 
        party because of the expense, frustration, distress, or other 
        hardship resulting from prolonged or delayed proceedings.
``Rule 5. Duty To Prevent Commission of Crime
    ``(a) An attorney may disclose information relating to the 
representation of a client, including information obtained from the 
client, to the extent necessary to prevent the commission of a crime or 
other unlawful act.
    ``(b) An attorney shall disclose information relating to the 
representation of a client, including information obtained from the 
client, if disclosure is required by law.
    ``(c) An attorney shall disclose information relating to the 
representation of a client, including information obtained from the 
client, to the extent necessary to prevent--
            ``(1) the commission of a crime involving the use or 
        threatened use of force against a person, or a substantial risk 
of death or serious bodily injury to a person; or
            ``(2) the commission of a crime of sexual assault or child 
        molestation.
    ``(d) In this rule, the term `crime' means a crime under the laws 
of the United States or the laws of a State, and `unlawful act' means 
an act in violation of the laws of the United States or the laws of a 
State.''.

SEC. 105. USE OF NOTICE CONCERNING RELEASE OF OFFENDER.

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

SEC. 106. 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 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 Federal Government or a State in the trial, direct 
        review, or collateral review of criminal cases.''; and
            (2) in subsection (b), by adding at the end the following: 
        ``The number of members of the standing committee who represent 
        or supervise the representation of defendants in the trial, 
        direct review, or collateral review of criminal cases shall not 
        exceed the number of members who represent or supervise the 
        representation of the Federal Government or a State in the 
        trial, direct review, or collateral review of criminal 
        cases.''.

                      TITLE II--DOMESTIC VIOLENCE

SEC. 201. DEATH PENALTY FOR FATAL DOMESTIC VIOLENCE OFFENSES.

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

SEC. 202. EVIDENCE OF DISPOSITION OF DEFENDANT TOWARD VICTIM IN 
              DOMESTIC VIOLENCE CASES AND OTHER CASES.

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

SEC. 203. BATTERED WOMEN'S SYNDROME EVIDENCE.

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

SEC. 204. HIV TESTING OF DEFENDANTS IN SEXUAL ASSAULT CASES.

    (a) In General.--Chapter 109A of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 2249. Testing for human immunodeficiency virus; disclosure of 
              test results to victim; effect on penalty
    ``(a) Testing at Time of Pretrial Release Determination.--In a case 
in which a person is charged with an offense under this chapter, upon 
request of the victim, a judicial officer issuing an order pursuant to 
section 3142(a) shall include in the order a requirement that a test 
for the human immunodeficiency virus be performed upon the person, and 
that followup tests for the virus be performed 6 months and 12 months 
following the date of the initial test, unless the judicial officer 
determines that the conduct of the person created no risk of 
transmission of the virus to the victim, and so states in the order. 
The order shall direct that the initial test be performed within 24 
hours, or as soon thereafter as feasible. The person shall not be 
released from custody until the test is performed.
    ``(b) Testing at Later Time.--If a person charged with an offense 
under this chapter was not tested for the human immunodeficiency virus 
pursuant to subsection (a), the court may at a later time direct that 
such a test be performed upon the person, and that followup tests be 
performed 6 months and 12 months following the date of the initial 
test, if it appears to the court that the conduct of the person may 
have risked transmission of the virus to the victim. A testing 
requirement under this subsection may be imposed at any time while the 
charge is pending, or following conviction at any time prior to the 
completion by the person of service of the sentence.
    ``(c) Termination of Testing Requirement.--A requirement of 
followup testing imposed under this section shall be canceled if any 
test is positive for the human immune deficiency virus or the person 
obtains an acquittal on, or dismissal of, all charges under this 
chapter.
    ``(d) Disclosure of Test Results.--
            ``(1) In general.--The results of any test for the human 
        immunodeficiency virus performed pursuant to an order under 
        this section shall be provided to the judicial officer or 
        court. The judicial officer or court shall ensure that the 
        results are disclosed to the victim (or to the parent or legal 
        guardian of the victim, as appropriate), the attorney for the 
        government, and the person tested.
            ``(2) Applicability of other law.--Any test results 
        disclosed pursuant to this subsection shall be subject to 
        paragraphs (5) through (7) of section 40503(b) of the Violent 
        Crime Control Act of 1994 (42 U.S.C. 14011(b)).
            ``(3) Counseling.--Any test result of the defendant given 
        to the victim or to the defendant must be accompanied by 
        appropriate counseling, unless the recipient indicates that the 
        recipient does not want to receive that counseling.
    ``(e) Effect on Penalty.--The United States Sentencing Commission 
shall amend the Federal sentencing guidelines with respect to sentences 
for offenses under this chapter to enhance the sentence if the offender 
knew or had reason to know that the offender was infected with the 
human immunodeficiency virus, except in any case in which the offender 
did not engage or attempt to engage in conduct creating a risk of 
transmission of the virus to the victim.''.
    (b) Technical Amendment.--The analysis for chapter 109A of title 
18, United States Code, is amended by adding at the end the following:

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

                          TITLE III--FIREARMS

SEC. 301. MANDATORY MINIMUM SENTENCES FOR CRIMINALS USING FIREARMS.

    Section 924(c)(1) of title 18, United States Code, is amended--
            (1) by inserting ``(A)'' after ``(1)'';
            (2) in the second sentence, by striking ``In the'' and 
        inserting the following:
    ``(D) In the''; and
            (3) by striking the third and fourth sentences; and
            (4) by inserting after subparagraph (A), as so designated 
        by paragraph (1) of this section, the following:
    ``(B) Except to the extent that a greater minimum sentence is 
otherwise provided by subparagraph (A) 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 that 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 that crime of violence or drug trafficking crime--
            ``(i) be punished by imprisonment for not less than 10 
        years;
            ``(ii) if the firearm is discharged, be punished by 
        imprisonment for not less than 20 years; and
            ``(iii) if the death of a person results, be punished by 
        death or by imprisonment for not less than life.
    ``(C) Notwithstanding any other provision of 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. 302. FIREARMS POSSESSION BY VIOLENT FELONS AND SERIOUS DRUG 
              OFFENDERS.

    Section 924 of title 18, United States Code, is amended--
            (1) in subsection (a)(1), by inserting before the period 
        the following: ``, and if the violation is of section 922(g)(1) 
        by a person who has a previous conviction for a violent felony 
        (as defined in subsection (e)(2)(B)) or a serious drug offense 
        (as defined in subsection (e)(2)(A)), a sentence imposed under 
        this paragraph shall include a term of imprisonment of not less 
        than 5 years''; and
            (2) by adding at the end the following:
    ``(p) Violent Felons and Serious Drug Offenders.--
            ``(1) In general.--Notwithstanding subsection (a)(2), any 
        person who violates section 922(g) and who has 2 previous 
        convictions by any court referred to in section 922(g)(1) for a 
        violent felony (as defined in subsection (e)(2)(B)) or a 
        serious drug offense (as defined in subsection (e)(2)(A)) 
        committed on different occasions shall be fined in accordance 
        with this title, imprisoned not less than 10 years and not more 
        than 20 years, or both.
            ``(2) No probationary sentence.--Notwithstanding any other 
        provision of law, the court shall not grant a probationary 
        sentence to a person described in paragraph (1) with respect to 
        the conviction under section 922(g).''.

SEC. 303. USE OF FIREARMS IN CONNECTION WITH COUNTERFEITING OR FORGERY.

    Section 924(c)(1)(A) of title 18, United States Code, as so 
designated by section 301(1) of this Act, is amended by inserting ``or 
during and in relation to any felony punishable under chapter 25,'' 
after ``United States,''.

SEC. 304. POSSESSION OF AN EXPLOSIVE DURING THE COMMISSION OF A FELONY.

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

                      TITLE IV--EXCLUSIONARY RULE

SEC. 401. ADMISSIBILITY OF CERTAIN EVIDENCE.

    (a) In General.--Chapter 223 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 3510. Admissibility of evidence obtained by search or seizure
    ``(a) Evidence Obtained by Objectively Reasonable Search or 
Seizure.--
            ``(1) In general.--Evidence that is obtained as a result of 
        a search or seizure shall not be excluded in a proceeding in a 
        court of the United States on the ground that the search or 
        seizure was in violation of the fourth amendment to the 
        Constitution of the United States, if the search or seizure was 
        carried out in circumstances justifying an objectively 
        reasonable belief that it was in conformity with the fourth 
        amendment.
            ``(2) Prima facie evidence.--The fact that evidence was 
        obtained pursuant to and within the scope of a warrant 
        constitutes prima facie evidence of the existence of 
        circumstances described in paragraph (1).
    ``(b) Evidence Not Excludable by Statute or Rule.--
            ``(1) Generally.--Evidence shall not be excluded in a 
        proceeding in a court of the United States on the ground that 
        it was obtained in violation of a statute, an administrative 
        rule or regulation, or a rule of procedure unless exclusion is 
        expressly authorized by statute or by a rule prescribed by the 
        Supreme Court pursuant to statutory authority.
            ``(2) Special rule relating to objectively reasonable 
        searches and seizures.--Evidence that is otherwise excludable 
        under paragraph (1) shall not be excluded if the search or 
        seizure was carried out in circumstances justifying an 
        objectively reasonable belief that the search or seizure was in 
        conformity with the statute, administrative rule or regulation, 
        or rule of procedure, the violation of which occasioned the 
        evidence being excludable.
    ``(c) Rules of Construction.--This section shall not be construed 
to require or authorize the exclusion of evidence in any proceeding.''.
    (b) Technical Amendment.--The analysis for chapter 223 of title 18, 
United States Code, is amended by adding at the end the following:

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

                     TITLE V--FEDERAL DEATH PENALTY

SEC. 501. STRENGTHENING OF FEDERAL DEATH PENALTY STANDARDS AND 
              PROCEDURES.

    (a) Amendments to Chapter 228.--Chapter 228 of title 18, United 
States Code, is amended--
            (1) in section 3592(c), by striking paragraph (2) and 
        inserting the following:
            ``(2) Involvement of a firearm or previous conviction of 
        violent felony involving a firearm.--For any offense, other 
        than an offense for which a sentence of death is sought on the 
        basis of section 924(c), the defendant--
                    ``(A) during and in relation to the commission of 
                the offense or in escaping or attempting to escape 
                apprehension used or possessed a firearm (as defined in 
                section 921); or
                    ``(B) has previously been convicted of a Federal or 
                State offense punishable by a term of imprisonment of 
                more than 1 year involving the use or attempted or 
                threatened use of a firearm (as defined in section 921) 
                against another person.'';
            (2) in section 3593--
                    (A) in subsection (a)--
                            (i) by inserting ``and the Defendant'' 
                        after ``Government'' in the subsection heading;
                            (ii) by redesignating paragraphs (1) and 
                        (2) as subparagraphs (A) and (B), respectively, 
                        and indenting appropriately;
                            (iii) by striking ``If, in a case'' and 
                        inserting ``(1) If, in a case'';
                            (iv) in the matter immediately following 
                        subparagraph (B), as redesignated, by striking 
                        ``The factors'' and inserting the following:
            ``(3) The factors'';
                            (v) by inserting after paragraph (1) as so 
                        designated, the following:
            ``(2) The defendant shall, during a reasonable period of 
        time before a hearing under subsection (b), sign and file with 
        the court a notice setting forth the mitigating factor or 
        factors, if any, upon which the defendant intends to present 
        information at the hearing.''; and
                            (vi) in paragraph (3), as so designated--
                                    (I) by inserting ``by the attorney 
                                for the government'' after ``this 
                                subsection'';
                                    (II) by striking ``, and may 
                                include'' and all that follows through 
                                ``relevant information'';
                                    (III) by inserting ``or the 
                                defendant'' after ``permit the attorney 
                                for the government''; and
                                    (IV) by inserting ``under this 
                                subsection'' after ``to amend the 
                                notice''.
                    (B) in subsection (c)--
                            (i) in the fourth sentence, by inserting 
                        ``for which notice has been provided under 
                        subsection (a)'' after ``The defendant may 
                        present any information relevant to a 
                        mitigating factor''; and
                            (ii) by inserting after the fifth sentence 
                        the following: ``The information presented by 
                        the government in support of factors concerning 
                        the effect of the offense on the victim and the 
                        family of the victim may include oral 
                        testimony, a victim impact statement that 
                        identifies the victim of the offense and the 
                        nature and extent of harm and loss suffered by 
                        the victim and the family of the victim, and 
                        any other relevant information.''; and
                    (C) in subsection (e), by striking ``shall 
                consider'' and all that follows through the end of the 
                subsection and inserting the following: ``shall then 
                consider whether the aggravating factor or factors 
                found to exist outweigh any mitigating factors. The 
                jury, or if there is no jury, the court, shall 
                recommend a sentence of death if it unanimously finds 
                at least one aggravating factor and no mitigating 
                factor or if it finds one or more aggravating factors 
                that outweigh any mitigating factors. In any other 
                case, it shall not recommend a sentence of death. The 
                jury shall be instructed that it must avoid any 
                influence of sympathy, sentiment, passion, prejudice, 
                or other arbitrary factors in its decision, and shall 
                make such a recommendation as the information warrants. 
                The jury shall be instructed that its recommendation 
                concerning a sentence of death is to be based on the 
                aggravating factor or factors and any mitigating 
                factors, but that the final decision concerning the 
                balance of aggravating and mitigating factors is a 
                matter for the judgment of the jury.'';
            (3) in section 3595(c)(2), by striking the final sentence;
            (4) in section 3596(a), by striking the second and third 
        sentences and inserting the following: ``A sentence of death 
        for any offense against the United States shall be carried out 
        in the manner prescribed by the Attorney General by 
        regulations.''; and
            (5) in section 3597--
                    (A) by striking the section heading and inserting 
                the following:
``Sec. 3597. Excuse of an employee on moral or religious grounds'';
                    (B) striking subsection (a); and
                    (C) in subsection (b)--
                            (i) by striking ``(b) Excuse of an Employee 
                        on Moral or Religious Grounds.--'';
                            (ii) in the first sentence, by striking 
                        ``this section'' and inserting ``this 
                        chapter''; and
                            (iii) in the second sentence, by striking 
                        ``this subsection'' and inserting ``this 
                        section''.
    (b) Uniformity of Procedures.--Section 408 of the Controlled 
Substances Act (21 U.S.C. 848) is amended--
            (1) by striking subsections (g) through (p) and subsection 
        (r); and
            (2) in subsection (q)--
                    (A) by striking paragraphs (1) through (3) and 
                redesignating paragraphs (4) through (10) as paragraphs 
                (1) through (7), respectively;
                    (B) by striking ``(5), (6), (7), (8), and (9)'' 
                each place it appears and inserting ``paragraphs (2) 
                through (6)'';
                    (C) in paragraph (4), as redesignated, by striking 
                ``(5) and (6)'' and inserting ``(2) and (3)'';
                    (D) in paragraph (6), as redesignated, by striking 
                ``(10)'' and inserting ``(7)''; and
                    (E) in paragraph (7), as redesignated, by striking 
                ``(4) through (9)'' and inserting ``(1) through (6)''; 
                and (3) by redesignating subsection (q) as subsection 
                (g).

SEC. 502. MURDER OF WITNESS AS AGGRAVATING FACTOR.

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

SEC. 503. DEATH PENALTY FOR MURDERS COMMITTED WITH FIREARMS.

    (a) In General.--Chapter 51 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1123. Murder involving the use of a firearm
    ``(a) Offense.--A person who has been found guilty of causing, 
through the use of a firearm (as defined in section 921), the death of 
another person, intentionally, knowingly, or through recklessness 
manifesting extreme indifference to human life, or through the 
intentional infliction of serious bodily injury, shall be punished by 
death or imprisoned for any term of years or for life.
    ``(b) Jurisdiction.--There is Federal jurisdiction over an offense 
under this section if--
            ``(1) the conduct of the offender occurred in the course of 
        an offense against the United States; or
            ``(2) a firearm involved in the offense has moved at any 
        time in interstate or foreign commerce.
    ``(c) Congressional Intent.--
            ``(1) In general.--It is the intent of Congress that--
                    ``(A) this section shall be used to supplement and 
                not supplant the efforts of State and local prosecutors 
                in prosecuting murders involving firearms that have 
                moved in interstate or foreign commerce that could be 
                prosecuted under State law; and
                    ``(B) the Attorney General shall give due deference 
                to the interest that a State or local prosecutor has in 
                prosecuting a person under State law.
            ``(2) Limitation.--This subsection does not create any 
        rights, substantive or procedural, enforceable at law by any 
        party in any manner, civil or criminal, nor does it place any 
        limitations on otherwise lawful prerogatives of the Attorney 
        General.''.
    (b) Technical Amendment.--The analysis for chapter 51 of title 18, 
United States Code, is amended by adding at the end the following:

``1123. Murder involving the use of a firearm.''.

SEC. 504. DEATH PENALTY FOR MURDERS COMMITTED IN THE DISTRICT OF 
              COLUMBIA.

    (a) In General.--Chapter 51 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1124. Capital punishment for murders in the District of Columbia
    ``(a) Definitions.--In this section--
            ``(1) the term `State' has the same meaning as in section 
        513;
            ``(2) the term `offense', as used in paragraphs (2), (5), 
        and (13) of subsection (f), and in paragraph (5) of this 
        subsection, means an offense under the law of a State or the 
        United States;
            ``(3) the term `drug trafficking activity' means a drug 
        trafficking crime (as defined in section 929(a)(2)), or a 
        pattern or series of acts involving one or more drug 
        trafficking crimes;
            ``(4) the term `robbery' means obtaining the property of 
        another by force or threat of force;
            ``(5) the term `burglary' means entering or remaining in a 
        building or structure in violation of the law of a State or the 
        United States, with the intent to commit an offense in the 
        building or structure;
            ``(6) the term `sexual abuse' means any conduct proscribed 
        by chapter 109A, whether or not the conduct occurs in the 
        special maritime and territorial jurisdiction of the United 
        States;
            ``(7) the term `arson' means damaging or destroying a 
        building or structure through the use of fire or explosives;
            ``(8) the term `kidnaping' means seizing, confining, or 
        abducting a person, or transporting a person without his or her 
        consent;
            ``(9) the terms `pretrial release', `probation', `parole', 
        `supervised release', and `other postconviction conditional 
        release', as used in subsection (f)(6), mean any release, 
        imposed in relation to a charge or conviction for an offense 
        under the law of the District of Columbia, another State, or 
        the United States; and
            ``(10) the term `public servant' means an employee, agent, 
        officer, or official of a State or the United States, or an 
        employee, agent, officer, or official of a foreign government 
        who is within the scope of section 1116.
    ``(b) Offense.--It shall be unlawful to cause the death of a person 
intentionally, knowingly, or through recklessness manifesting extreme 
indifference to human life, or to cause the death of a person through 
the intentional infliction of serious bodily injury.
    ``(c) Federal Jurisdiction.--There is Federal jurisdiction over an 
offense described in this section if the conduct resulting in death 
occurs in the District of Columbia.
    ``(d) Penalty.--An offense described in this section is a Class A 
felony. A sentence of death may be imposed for an offense described in 
this section as provided in this section. Sections 3591 and 3592 shall 
not apply in relation to capital sentencing for an offense described in 
this section, but all other sections of chapter 228 shall apply in 
relation to the imposition, review, and execution of capital sentences 
for offenses described in this section.
    ``(e) Mitigating Factors.--In determining whether to recommend a 
sentence of death under this section, the jury shall consider whether 
any aspect of the character, background, or record of the defendant or 
any circumstance of the offense that the defendant may proffer as a 
mitigating factor exists, including the following factors:
            ``(1) Mental capacity.--The mental capacity of the 
        defendant to appreciate the wrongfulness of his or her conduct 
        or to conform his or her conduct to the requirements of law was 
        significantly impaired.
            ``(2) Duress.--The defendant was under unusual and 
        substantial duress.
            ``(3) Participation in offense minor.--The defendant is 
        punishable as a principal (pursuant to section 2) in the 
        offense, which was committed by another, and the participation 
        of the defendant was relatively minor.
    ``(f) Aggravating Factors.--In determining whether to recommend a 
sentence of death, the jury shall consider any aggravating factor for 
which notice has been provided, including the following factors:
            ``(1) Killing in furtherance of drug trafficking.--The 
        defendant engaged in the conduct resulting in death in the 
        course of or in furtherance of drug trafficking activity.
            ``(2) Killing in the course of other serious violent 
        crimes.--The defendant engaged in the conduct resulting in 
        death in the course of committing or attempting to commit an 
        offense involving robbery, burglary, sexual abuse, kidnaping, 
        or arson.
            ``(3) Multiple killings or endangerment of others.--The 
        defendant committed more than one offense under this section, 
        or in committing the offense knowingly created a grave risk of 
        death to one or more persons in addition to the victim of the 
        offense.
            ``(4) Involvement of firearm.--During and in relation to 
        the commission of the offense, the defendant used or possessed 
        a firearm (as defined in section 921).
            ``(5) Previous conviction of violent felony.--The defendant 
        has previously been convicted of an offense punishable by a 
        term of imprisonment of more than 1 year that involved the use 
        or attempted or threatened use of force against a person or 
        that involved sexual abuse.
            ``(6) Killing while incarcerated or under supervision.--The 
        defendant at the time of the offense was confined in or had 
        escaped from a jail, prison, or other correctional or detention 
        facility, was on pretrial release, or was on probation, parole, 
        supervised release, or other post-conviction conditional 
        release.
            ``(7) Heinous, cruel, or depraved manner of commission.--
        The defendant committed the offense in an especially heinous, 
        cruel, or depraved manner in that it involved torture or 
        serious physical abuse to the victim.
            ``(8) Procurement of the offense by payment.--The defendant 
        procured the commission of the offense by payment, or promise 
        of payment, of anything of pecuniary value.
            ``(9) Commission of the offense for pecuniary gain.--The 
        defendant committed the offense as consideration for receiving, 
        or in the expectation of receiving or obtaining, anything of 
        pecuniary value.
            ``(10) Substantial planning and premeditation.--The 
        defendant committed the offense after substantial planning and 
        premeditation.
            ``(11) Vulnerability of victim.--The victim was 
        particularly vulnerable due to old age, youth, or infirmity.
            ``(12) Killing of public servant.--The defendant committed 
        the offense against a public servant--
                    ``(A) while that public servant was engaged in the 
                performance of his or her official duties;
                    ``(B) because of the performance of the official 
                duties of that public servant; or
                    ``(C) because of the status of the public servant 
                as a public servant.
            ``(13) Killing to interfere with or retaliate against 
        witness.--The defendant committed the offense in order to 
        prevent or inhibit any person from testifying or providing 
        information concerning an offense, or to retaliate against any 
        person for testifying or providing that information.
    ``(g) Other Charges.--If an offense is charged under this section, 
the government may join any charge under the District of Columbia Code 
that arises from the same incident.''.
    (b) Technical Amendment.--The analysis for chapter 51 of title 18, 
United States Code, is amended by adding at the end the following:

``1124. Capital punishment for murders in the District of Columbia.''.

                        TITLE VI--HABEAS CORPUS

SEC. 601. STOPPING ABUSE OF FEDERAL COLLATERAL REMEDIES.

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

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

                     TITLE VII--JUVENILES AND DRUGS

SEC. 701. SERIOUS JUVENILE DRUG OFFENSES AS ARMED CAREER CRIMINAL ACT 
              PREDICATES.

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

SEC. 702. ADULT PROSECUTION OF SERIOUS JUVENILE OFFENDERS.

    Section 5032 of title 18, United States Code, is amended--
            (1) in the first and fourth undesignated paragraphs--
                    (A) by striking ``an offense described in section 
                401 of the Controlled Substances Act (21 U.S.C. 841),'' 
                and inserting ``an offense (or a conspiracy or an 
                attempt to commit an offense) described in section 401 
                of the Controlled Substances Act (21 U.S.C. 841 or 
                846),''; and
                    (B) by striking ``924 (b), (g), or (h)'' and 
                inserting ``subsection (b), (g), (h), (j), (k), or (l) 
                of section 924'';
            (2) in the fourth undesignated paragraph--
                    (A) by striking the second and third sentences; and
                    (B) in the first sentence, by inserting ``and with 
                respect to a juvenile who is 13 years of age or older 
                and who is alleged to have committed an act after the 
                thirteenth birthday of the juvenile that, if committed 
                by an adult, would be a serious violent felony (as 
                defined in section 3559(c)(2)(F)),'' before ``criminal 
                prosecution on'';
            (3) in the fifth undesignated paragraph, by adding at the 
        end the following: ``There shall be a rebuttable presumption 
        that transfer is in the interest of justice for a juvenile who 
        is alleged to have committed an act after the fifteenth 
        birthday of the juvenile that, if committed by an adult, would 
        be a serious violent felony (as defined in section 
        3559(c)(2)(F)).''; and
            (4) by designating the first through the eleventh 
        undesignated paragraphs as paragraphs (1) through (11), 
        respectively.

SEC. 703. INCREASED PENALTIES FOR RECIDIVISTS COMMITTING DRUG CRIMES 
              INVOLVING MINORS.

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

SEC. 704. AMENDMENTS CONCERNING RECORDS OF CRIMES COMMITTED BY 
              JUVENILES.

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

SEC. 705. DRIVE-BY SHOOTINGS.

    (a) Offense.--Chapter 44 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 931. Drive-by shootings
    ``(a) Offense.--A person who knowingly discharges a firearm at a 
person--
            ``(1) in the course of or in furtherance of drug 
        trafficking activity; or
            ``(2) from a motor vehicle,
shall be punished by imprisonment for not more than 25 years, and if 
death results, shall be punished by death or by imprisonment for any 
term of years or for life.
    ``(b) Definition.--In this section, the term `drug trafficking 
activity' means a drug trafficking crime (as defined in section 
929(a)(2)), or a pattern or series of acts involving one or more drug 
trafficking crimes.''.
    (b) Technical Amendment.--The analysis for chapter 44 of title 18, 
United States Code, is amended by adding at the end the following:

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

SEC. 706. STEROIDS OFFENSE.

    Section 404 of the Controlled Substance Act (21 U.S.C. 844) is 
amended by inserting after subsection (a) the following:
    ``(b) Steroids Offense.--
            ``(1) In general.--Whoever, being a physical trainer or 
        adviser to an individual, endeavors to persuade or induce that 
        individual to possess or use anabolic steroids in violation of 
        subsection (a)--
                    ``(A) shall be fined under this title, imprisoned 
                not more than 2 years, or both; or
                    ``(B) if that individual has not attained the age 
                of 18 years, shall be fined under this title, 
                imprisoned not more than 5 years, or both.
            ``(2) Definition of physical trainer or adviser.--In this 
        subsection, the term `physical trainer or adviser' means a 
        professional or amateur coach, manager, trainer, instructor, or 
        other such person, who provides any athletic or physical 
        instruction, training, advice, assistance, or other such 
        service to any individual.''.

SEC. 707. DRUG TESTING OF FEDERAL OFFENDERS.

    (a) Conditions of Probation.--Section 3563(a) of title 18, United 
States Code, is amended, in the undesignated matter following paragraph 
(7)--
            (1) by striking ``(4)'' each place it appears and inserting 
        ``(5)''; and
            (2) by inserting ``, hair, or blood'' after ``urine''.
    (b) Conditions of Supervised Release.--Section 3583(d) of title 18, 
United States Code, is amended by inserting ``, hair, or blood'' after 
``urine''.
    (c) Residential Substance Abuse Treatment for Prisoners.--Section 
1902(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3796ff-1) is amended by striking ``urinalysis or other proven 
reliable forms of testing of individuals'' and inserting ``specimen 
testing for drugs, including but not limited to urine, hair, and blood 
testing of individuals''.

                  TITLE VIII--ADMINISTRATIVE SUBPOENA

SEC. 801. AUTHORIZATION FOR UNITED STATES SECRET SERVICE TO ISSUE AND 
              SERVE ADMINISTRATIVE SUMMONSES.

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

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

                        TITLE X--SPECIAL MASTERS

SEC. 1001. SPECIAL MASTERS.

    (a) In General.--Section 3626(f) of title 18, United States Code, 
is amended--
            (1) by inserting ``in any civil action in a Federal court 
        with respect to prison conditions'' after ``Special Masters'';
            (2) in paragraph (1)--
                    (A) in subparagraph (A), by striking from ``In any 
                civil action'' through ``prison conditions, the'' and 
                inserting ``The''; and
                    (B) in subparagraph (B), by striking ``under this 
                subsection'';
            (3) in paragraph (2)--
                    (A) in subparagraph (A), by striking 
                ``institution''; and
                    (B) by inserting after subparagraph (C) the 
                following:
            ``(D) This paragraph shall apply only to special masters 
        appointed after the date of enactment of the Prison Litigation 
        Reform Act of 1995.'';
            (4) in paragraph (3), by striking ``under this 
        subsection'';
            (5) in paragraph (4)--
                    (A) by striking ``under this section''; and in 
                paragraph (6), by striking ``appointed under this 
                subsection''; and
                    (B) by adding at the end the following: ``In no 
                event shall the court require the parties to pay the 
                compensation, expenses, or costs of the special 
                master.'';
            (6) in paragraph (5), by striking from ``In any civil 
        action'' through ``subsection, the'' and inserting ``The''; and
            (7) in paragraph (6)--
                    (A) by striking subparagraph (A) and inserting the 
                following:
                    ``(A) may be authorized by a court to conduct 
                hearings on the record and shall make any findings 
                based on the record as a whole;'';
                    (B) in subparagraph (B), by adding ``and'' at the 
                end;
                    (C) by striking subparagraph (C); and
                    (D) by redesignating subparagraph (D) as 
                subparagraph (C).
    (b) Effective Date of Certain Provisions.--The amendment made by 
subsection (a)(5)(B) shall take effect as of the date of enactment of 
the Prison Litigation Reform Act of 1995.

    TITLE XI--LIMITATIONS ON SOCIAL SECURITY BENEFITS FOR PRISONERS

SEC. 1101. IMPLEMENTATION OF PROHIBITION AGAINST PAYMENT OF TITLE II 
              BENEFITS TO PRISONERS.

    (a) In General.--Section 202(x)(3) of the Social Security Act (42 
U.S.C. 402(x)(3)) is amended--
            (1) by inserting ``(A)'' after ``(3)''; and
            (2) by adding at the end the following:
    ``(B)(i) The Commissioner shall enter into an agreement, with any 
interested State or local institution comprising a jail, prison, penal 
institution, correctional facility, or other institution of which a 
purpose is to confine individuals as described in paragraph (1)(A), 
under which--
            ``(I) the institution shall provide to the Commissioner, on 
        a monthly basis and in a manner specified by the Commissioner, 
        the names, social security account numbers, dates of birth, 
        confinement commencement dates, and, to the extent available to 
        the institution, other identifying information concerning the 
        individuals confined in the institution as the Commissioner may 
        require for the purpose of carrying out paragraph (1); and
            ``(II) except as provided in clause (ii), the Commissioner 
        shall pay to the institution, with respect to providing 
        information described in subclause (I) concerning each 
        individual who is confined as described in paragraph (1)(A), to 
        whom a benefit under this title is payable for the month 
        preceding the first month of confinement, and whose benefit 
        under this title ceases to be payable as a result of the 
        application of this subsection, $400 (subject to 
reduction under clause (iii)) if the institution furnishes the 
information to the Commissioner not later than 30 days after the date 
of the confinement of the individual in the institution begins, or $200 
(subject to reduction under clause (iii)) if the institution furnishes 
the information more than 30 days after the date of the confinement of 
the individual in the institution begins, but not later than 90 days 
after such date.
    ``(ii) An amount shall not be payable to an institution with 
respect to providing information concerning an individual under an 
agreement entered into under clause (i) if, prior to the receipt by the 
Commissioner of the information, the Commissioner has determined that 
benefits under this title are no longer payable to the individual as a 
result of the application of this subsection.
    ``(iii) The dollar amounts specified in clause (i)(II) shall be 
reduced by 50 percent if the Commissioner is also required to make a 
payment to the institution with respect to the same individual under an 
agreement entered into under section 1611(e)(1)(I).
    ``(iv) There shall be transferred from the Federal Old-Age and 
Survivors Insurance Trust Fund and the Federal Disability Insurance 
Trust Fund, as appropriate, sums as may be necessary to enable the 
Commissioner to make payments to institutions as required by clause 
(i)(II). Sums so transferred shall be treated as direct spending for 
purposes of the Balanced Budget and Emergency Deficit Control Act of 
1985 and excluded from budget totals in accordance with section 13301 
of the Budget Enforcement Act of 1990.
    ``(v) The Commissioner is authorized to provide, on a reimbursable 
basis, information obtained pursuant to agreements entered into under 
clause (i) to any Federal or federally-assisted cash, food, or medical 
assistance program for eligibility purposes.''.
    (b) Effective Date.--The amendments made by this section take 
effect as if included in the enactment of section 203(a) of the 
Personal Responsibility and Work Opportunity Reconciliation Act of 1996 
(Public Law 104-193; 110 Stat. 2186).

SEC. 1102. ELIMINATION OF TITLE II REQUIREMENT THAT CONFINEMENT BE A 
              RESULT OF CRIME PUNISHABLE BY IMPRISONMENT FOR MORE THAN 
              1 YEAR.

    (a) In General.--Section 202(x)(1)(A) of the Social Security Act 
(42 U.S.C. 402(x)(1)(A)) is amended--
            (1) in the matter preceding clause (i), by striking 
        ``during'' and inserting ``throughout'';
            (2) in clause (i), by striking ``an offense punishable by 
        imprisonment for more than 1 year (regardless of the actual 
        sentence imposed)'' and inserting ``a criminal offense''; and
            (3) in clause (ii)(I), by striking ``an offense punishable 
        by imprisonment for more than 1 year'' and inserting ``a 
        criminal offense''.
    (b) Effective Date.--The amendments made by this section shall take 
effect with respect to benefits payable for months after February 1997.

SEC. 1103. INCLUSION OF TITLE II ISSUES IN STUDY AND REPORT 
              REQUIREMENTS RELATING TO PRISONERS.

    (a) Inclusion in Study.--Section 203(b)(1) of the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996 (Public 
Law 104-193; 110 Stat. 2187) is amended--
            (1) in subparagraph (A), by striking ``section 1611(e)(1)'' 
        and inserting ``sections 202(x) and 1611(e)(1)''; and
            (2) in subparagraph (B), by striking ``section 
        1611(e)(1)(I)'' and inserting ``section 202(x)(3)(B) or 
        1611(e)(1)(I)''.
    (b) Inclusion in Report.--Section 203(c) of the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996 (Public 
Law 104-193; 110 Stat. 2187) is amended by striking ``section 
1611(e)(1)(I)'' and all that follows and inserting ``sections 
202(x)(3)(B) and 1611(e)(1)(I) of the Social Security Act.''.
    (c) Effective Date.--
            (1) Inclusion in study.--The amendments made by subsection 
        (a) take effect as if included in section 203(b) of the 
        Personal Responsibility and Work Opportunity Reconciliation Act 
        of 1996 (Public Law 104-193, 110 Stat. 2187); and
            (2) Inclusion in report.--The amendment made by subsection 
        (b) takes effect as if included in section 203(c) of the 
        Personal Responsibility and Work Opportunity Reconciliation Act 
        of 1996 (Public Law 104-193; 110 Stat. 2187).

SEC. 1104. CONFORMING TITLE XVI AMENDMENTS.

    (a) Preclusion of Title XVI Payment When Information Furnished by 
an Institution Is Already Known by the Commissioner.--Section 
1611(e)(1)(I) of the Social Security Act (42 U.S.C. 1382(e)(1)(I)) is 
amended--
            (1) in clause (i)(II), by inserting ``except as provided in 
        clause (ii),'' after ``(II)'';
            (2) by redesignating clauses (ii) and (iii) as clauses (iv) 
        and (v), respectively; and
            (3) by inserting after clause (i) the following:
    ``(ii) An amount shall not be payable to an institution with 
respect to providing information concerning an inmate under an 
agreement entered into under clause (i) if, prior to the receipt by the 
Commissioner of the information, the Commissioner has determined that 
the inmate is no longer an eligible individual or eligible spouse for 
purposes of this title as a result of the application of this 
paragraph.''.
    (b) Fifty Percent Reduction in Title XVI Payment in Case Involving 
Comparable Title II Payment.--Section 1611(e)(1)(I) of the Social 
Security Act (42 U.S.C. 1382(e)(1)(I)) (as amended by subsection (a)) 
is amended--
            (1) in clause (i)(II)--
                    (A) by inserting ``(subject to reduction under 
                clause (iii))'' after ``$400''; and
                    (B) by inserting ``(subject to reduction under 
                clause (iii))'' after ``$200''; and
            (2) by inserting after clause (ii) the following:
    ``(iii) The dollar amounts specified in clause (i)(II) shall be 
reduced by 50 percent if the Commissioner is also required to make a 
payment to the institution with respect to the same individual under an 
agreement entered into under section 202(x)(3)(B).''.
    (c) Expansion of Categories of Institutions Eligible To Enter Into 
Agreements With the Commissioner.--Section 1611(e)(1)(I)(i) of the 
Social Security Act (42 U.S.C. 1382(e)(1)(I)(i)) is amended in the 
matter preceding subclause (I) by striking ``institution'' and all that 
follows through the second ``section 202(x)(1)(A),'' and inserting 
``institution comprising a jail, prison, penal institution, or 
correctional facility, or with any other interested State or local 
institution of which a purpose is to confine individuals as described 
in section 202(x)(1)(A)(ii),''.
    (d) Limitation on Categories of Inmates With Respect to Whom 
Payment May Be Made.--Section 1611(e)(1)(I)(i)(II) of the Social 
Security Act (42 U.S.C. 1382(e)(1)(I)(i)(II)) is amended by striking 
``inmate of the institution'' and all that follows through ``in such 
institution and'' and inserting ``individual who is eligible for a 
benefit under this title for the month preceding the first month in 
which the individual is an inmate of the jail, prison, penal 
institution, or correctional facility, or is confined in the 
institution as described in section 202(x)(1)(A)(ii), and''.
    (e) Technical Correction.--Section 1611(e)(1)(I)(i)(II) of the 
Social Security Act (42 U.S.C. 1382(e)(1)(I)(i)(II)) (as amended by 
subsection (d)) is amended by striking ``subparagraph'' and inserting 
``paragraph''.
    (f) Effective Date.--The amendments made by this section take 
effect as if included in the enactment of section 203(a) of the 
Personal Responsibility and Work Opportunity Reconciliation Act of 1996 
(Public Law 104-193, 110 Stat. 2187). The references to section 
202(x)(1)(A)(ii) of the Social Security Act in section 1611(e)(1)(I)(i) 
of such Act as amended by subsections (c) and (d) of this section shall 
be deemed a reference to such section 202(x)(1)(A)(ii) as amended by 
section 1102(a)(3) of this Act.

SEC. 1105. EXEMPTION FROM COMPUTER MATCHING REQUIREMENTS.

    (a) In General.--Section 552a(a)(8)(B) of title 5, United States 
Code, is amended--
            (1) by striking ``or'' at the end of clause (vi);
            (2) by adding ``or'' at the end of clause (vii); and
            (3) by inserting after clause (vii) the following:
                            ``(viii) matches performed by the 
                        Commissioner of Social Security pursuant to 
                        section 202(x) or 1611(e)(1) of the Social 
                        Security Act;''.
    (b) Conforming Amendment.--Section 1611(e)(1)(I)(iv) of the Social 
Security Act (42 U.S.C. 1382(e)(1)(I)(iv)) (as redesignated by section 
1104(a)(2)) is amended by striking ``(I) The provisions'' and all that 
follows through ``(II) The Commissioner'' and inserting ``The 
Commissioner''.
    (c) Effective Date.--The amendments made by this section take 
effect on the date of enactment of this Act.

                  TITLE XIII--MISCELLANEOUS PROVISIONS

SEC. 1301. PRISONER COPAYMENTS FOR HEALTH CARE SERVICES.

    (a) In General.--Chapter 303 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 4048. Prisoner copayments for health care services
    ``(a) Definitions.--In this section--
            ``(1) the term `account' means the trust fund account (or 
        institutional equivalent) of a prisoner;
            ``(2) the term `Director' means the Director of the Bureau 
        of Prisons;
            ``(3) the term `health care provider' means any person who 
        is licensed or certified under State law to provide health care 
        services and who is operating within the scope of such license;
            ``(4) the term `health care visit' means any visit by a 
        prisoner to an institutional or noninstitutional health care 
        provider, if the visit is made at the request of the prisoner;
            ``(5) the term `prisoner' means any person subject to 
        incarceration, detention, or admission to any facility who is 
        accused of, convicted of, sentenced for, or adjudicated 
        delinquent for, violations of criminal law or the terms and 
        conditions of parole, probation, pretrial release, or 
        diversionary program; and
            ``(6) the term `qualified health care visit' does not 
        include any health care visit--
                    ``(A) that--
                            ``(i) is conducted during the incarceration 
                        intake process;
                            ``(ii) is an annual examination;
                            ``(iii) is determined by the health care 
                        provider to be an emergency visit;
                            ``(iv) is initiated by the health care 
                        staff of the Bureau of Prisons; or
                            ``(v) is the direct result of a referral 
                        made by a prison official; or
                    ``(B) by a prisoner who is--
                            ``(i) less than 18 years of age;
                            ``(ii) pregnant; or
                            ``(iii) determined by the appropriate 
                        official of the Bureau of Prisons to be 
                        seriously mentally ill.
    ``(b) Copayments for Health Care Services.--The Director shall 
assess and collect a fee in accordance with this section--
            ``(1) in an amount equal to not less than $3 and not more 
        than $5, for each qualified health care visit;
            ``(2) in an amount not to exceed $5, which shall be 
        established by the Director by regulation, for--
                    ``(A) each prescription medication provided to the 
                prisoner by a health care provider; and
                    ``(B) each health care visit described in 
                subparagraph (A)(iii) or (B)(i) of subsection (a)(6); 
                and
            ``(3) in an amount established by the Director by 
        regulation, for each health care visit occurring as a result of 
        an injury inflicted on a prisoner by another prisoner.
    ``(c) Responsibility for Payment.--Each fee assessed under 
subsection (b) shall be collected by the Director from the account of--
            ``(1) the prisoner making the health care visit or 
        receiving the prescription medication; or
            ``(2) in the case of a health care visit described in 
        subsection (b)(3), the prisoner who is determined by the 
        Director to have inflicted the injury.
    ``(d) Timing.--Each fee assessed under this section shall be 
collected from the appropriate account under subsection (c)--
            ``(1) on the date on which the qualified health care visit 
        occurs; or
            ``(2) in the case of a prisoner whose account balance is 
        determined by the Director to be insufficient for collection of 
        the fee in accordance with paragraph (1), in accordance with an 
        installment payment plan, which shall be established by the 
        Director by regulation.
    ``(e) No Refusal of Treatment for Financial Reasons.--Nothing in 
this section shall be construed to permit any refusal of treatment to a 
prisoner on the basis that--
            ``(1) account of the prisoner is insolvent; or
            ``(2) the prisoner is otherwise unable to pay a fee 
        assessed under this section in accordance with subsection 
        (d)(1).
    ``(f) Use of Amounts.--Any amounts collected by the Director under 
this section shall be deposited in the Crime Victims' Fund established 
under section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 
10601).
    ``(g) Reports to Congress.--Not later than 1 year after the date of 
enactment of the Crime Prevention Act of 1997 and annually thereafter, 
the Director shall submit to Congress a report, which shall include--
            ``(1) a description of the amounts collected under this 
        section during the preceding 12-month period; and
            ``(2) an analysis of the effects of the implementation of 
        this section, if any, on the nature and extent of health care 
        visits by prisoners.''.
    (b) Clerical Amendment.--The chapter analysis for chapter 303 of 
title 18, United States Code, is amended by adding at the end the 
following:

``4048. Prisoner copayments for health care services.''.
                                 <all>