Part 9/16, total size 65524 bytes: ------------------------------ Cut here ------------------------------ prosecution of the enterprise or an offense involved in the enterprise, attempts to kill or knowingly directs, advises, authorizes, or assists another to attempt to kill any public officer, Juror, witness, or members of the family or household of such a person, 195 shall be sentenced to death if, after consideration of the factors set forth in section 3592 in the course of a hearing held pursuant to sec- tion 3593, it is determined that imposition of a sentence of death Is justified, except that no person may be sentenced to death who was less than 18 years of age at the time of the offense. "3592. Mitigating and aggravating factors to be considered in determining whether a sentence of death is justified (a) MITIGATING FACTORS.--In determining whether a sentence of death is to be imposed on a defendant, the finder of fact shall consider any mitigating factor, including the following: (1) IMPAIRED CAPACITY.--The defendant s capacity to appreciate the wrongfulness of the defendant's conduct or to conform conduct to the requirements of law was significantly impaired, regardless of whether the capacity was so impaired as to constitute a defense to the charge. "(2) DURESS.--The defendant was under unusual and substantial duress, regardless of whether the duress was of such a degree as to constitute a defense to the charge. "(3) MINOR PARTICIPATION.--The defendant is punishable as a principal in the offense, which was committed by another, but the defendant's participation was relatively minor, regardless of whether the participation was so minor as to constitute a defense to the charge. (4) EQUALLY CULPABLE DEFENDANTS.--Another defendant or defendants, equally culpable in the crime, will not be punished by death. "(5) NO PRIOR CRIMINAL RECORD.--The defendant does not have a significant prior history of other criminal conduct. "(6) DISTURBANCE.--The defendant committed the offense under severe mental or emotional disturbance. "(7) VICTIM'S CONSENT.--The victim consented to the criminal conduct that resulted in the victim's death. ' (8) OTHER FACTORS.--Other factors in the defendant s background, record, or character or any other circumstance of the offense that mitigate against imposition of the death sen "(b) AGGRAVATING FACTORS FOR ESPIONAGE AND TREASON.--In determining whether a sentence of death is justified for an offense described in section 3591(a)(1), the jury, or if there is no Jury, the court, shall consider each of the following aggravating factors r which notice has been given and determine which, if any, exist: "(1) PRIOR ESPIONAGE OR TREASON OFFENSE.--The defendant has previously been convicted of another offense involving espionage or treason for which a sentence of either life imprisonment or death was authorized by law. (2) GRAVE RISK TO NATIONAL SECURITY.--In the commission of the offense the defendant knowingly created a grave risk of substantial danger to the national security. "(3) GRAVE RISK OF DEATH.--In the commission of the offense the defendant knowingly created a grave risk of death to another person. 196 The jury, or if there is no jury, the court, may consider whether any other aggravating factor for which notice has been given exists. (c) AGGRAVATING FACTORS FOR HOMICIDE.--In determining whether a sentence of death is justified for an offense described in section 3591(a)(2), the jury, or if there is no jury, the court, shall consider each of the following aggravating factors for which notice has been given and determine which, if any, exist: (1) DEATH DURING COMMISSION OF ANOTHER CRIME.--The death, or injury resulting in death, occurred during the commission or attempted commission of or during the immediate tight from the commission of an offense under section 32 (destruction of aircraft or aircraft facilities), section 33 (destruction of motor vehicles or motor vehicle facilities), section 36 (violence at international airports), section 351 (violence against Members of Congress, Cabinet officers, or Supreme Court Justices) an offense under section 751 (prisoners in custody of institution or officer), section 794 (gathering or delivering defense information to aid foreign government), section 844(d) (transportation of explosives ln interstate commerce for certain purposes), section 844(f) (destruction of Government property by explosives) section 1118 (prisoners serving life term), section 1201 (kidnaping), section 844(i) (destruction of property affecting interstate commerce by explosives), section 1116 (killing or attempted killing of diplomats), section 1203 (hostage taking) section 1992 (wrecking trains), section 2280 (maritime violence, section 2281 (maritime platform violence), section 2332 (terrorist acts abroad against United States nationals), section 2339 (use of weapons of mass destruction), or section 2381 (treason) of this title, or section 46502 of title 49, United States Code (aircraft piracy) (2) PREVIOUS CONVICTION OF VIOLENT FELONY INVOLVING FIREARM.--For any offense, other than an offense for which a sentence of death is sought on the hasps of section 924(c), the defendant 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 ln section 921) against another person. (3) PREVIOUS CONVICTION OF OFFENSE FOR WHICH A SENTENCE OF DEATH OR LIFE IMPRISONMENT WAS AUTHORIZED.-- The defendant has previously been convicted of another Federal or State offense resulting in the death of a person, for which a sentence of life imprisonment or a sentence of death was authorized by statute. (4) PREVIOUS CONVICTION OF OTHER SERIOUS OFFENSES.-- e defendant has previously been convicted of 2 or more Federal or State offenses, punishable by a term of imprisonment of more than 1 year, committed on different occasions, involving the infliction of or attempted infliction of serious bodily injury or death upon another person. (5) GRAVE RISK OF DEATH TO ADDITIONAL PERSONS.--The defendant, in the commission of the offense, or in escaping apprehension for the violation of the offense, knowingly created a grave risk of death to 1 or more persons in addition to the victim of the offense. 197 (6) HEINOUS, CRUEL, OR DEPRAVED MANNER OF COMMITTING OFFENSE.--The defendant committed the offense ln an especially heinous, cruel, or depraved manner ln that it involved torture or serious physical abuse to the victim. "(7) PROCUREMENT OF OFFENSE BY PAYMENT.--The defendant procured the commission of the offense by payment, or promise of payment, of anything of pecuniary value. "(8) PECUNIARY GAIN.--The defendant committed the offense as consideration for the receipt, or ln the expectation of the receipt, of anything of pecuniary value. "(9) SUBSTANTIAL PLANNING AND PREMEDITATION.--The defendant committed the offense after substantial planing and premeditation to cause the death of a person or commit an act (10) CONVICTION FOR TWO FELONY DRUG OFFENSES.--The defendant has previously been convicted of 2 or more State or Federal offenses punishable by a term of imprisonment of more than one year, committed on different occasions, involving the distribution of a controlled substance. "(11) VULNERABILITY OF VICTIM.--The victim was particularly vulnerable due to old age, youth, or infirmity. (12) CONVICTION FOR SERIOUS FEDERAL DRUG OFFENSES-- The defendant had previously been convicted of violating title n or In of the Controlled Substances Act for which a sentence of 5 or more years may be imposed or had previously been convicted of engaging in a continuing criminal enterprise. (13) CONTINUING CRIMINAL ENTERPRISE INVOLVING DRUG SALES TO MINORS.-- The defendant committed the offense in the course of engaging in a continuing criminal enterprise in violation of section 408(c) of the Controlled Substances Act (21 USC. 848(c)), and that violation involved the distribution of drugs to persons under the age of 21 in violation of section 418 Of that Act (21 U.S-C- 859)- (14) HIGH PUBLIC OFFICIALS.-- The defendant committed the offense against-- "(A) the President of the United States, the president-elect, the Vice President, the Vice President-elect, the Vice President-designate, or, if there is no Vice president, the officer next in order of succession to the office of the president of the United States, or any person who is acting as President under the Constitution and laws of the United States, "(B) a chief of state, head of government, or the political equivalent of a foreign nation; "(C) a foreign official listed in section 1116(b)(3)(A), if the official is in the United States on official business; or "(D) a Federal public servant who is a Judge, a law enforcement officer, or an employee of a United States penal or correctional institution-- "(i) while he or she is engaged in the performance of his or her official duties; "(ii) because of the performance of his or her official duties; or "(iii) because of his or her status as a public servant. 198 For purposes of this subparagraph, a 'law enforcement officer' is a public servant authorized by law or by a Government agency or Congress to conduct or engage in the prevention, investigation, or prosecution or adjudication of an offense, and includes those engaged in corrections, parole, or probation functions. "(15) PRIOR CONVICTION OF SEXUAL ASSAULT OR CHILD MOLESTATION.--In the case of an offense under chapter 109A (sexual abuse) or chapter 110 (sexual abuse of children), the defendant has previously been convicted of a crime of sexual assault or crime of child molestation. The jury, or if there is no jury, the court, may consider whether any other aggravating factor for which notice has been given exists. '(d) AGGRAVATING FACTORS FOR DRUG OFFENSE DEATH PENALTY.--In determining whether a sentence of death is justified for an offense described in section 3591(b), the jury, or if there is no jury, the court, shall consider each of the following aggravating factors for which notice has been given and determine which, if any, exist: (1) PREVIOUS CONVICTION OF OFFENSE FOR WHICH A SENTENCE OF DEATH OR LIFE IMPRISONMENT WAS AUTHORIZED.-- The defendant has previously been convicted of another Federal or State offense resulting in the death of a person, for which a sentence of life imprisonment or death was authorized by statute. "(2) PREVIOUS CONVICTION OF OTHER SERIOUS OFFENSES.-- The defendant has previously been convicted of two or more Federal or State offenses, each punishable by a term of imprisonment of more than one year, committed on different occasions, involving the importation, manufacture, or distribution of a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) or the infliction of, or attempted infliction of, serious bodily injury or death upon another person. (3) PREVIOUS SERIOUS DRUG FELONY CONVICTION.--The defendant has previously been convicted of another Federal or State offense involving the manufacture, distribution, importation, or possession of a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) for which a sentence of five or more years of imprisonment was authorized by statute. (4) USE OF FIREARM.--In committing the offense, or in furtherance of a continuing criminal enterprise of which the offense was a part, the defendant used a firearm or knowingly directed, advised, authorized, or assisted another to use a firearm to threaten, intimidate, assault, or injure a person. (5) DISTRIBUTION TO PERSONS UNDER 21.--The offense, or a continuing criminal enterprise of which the offense was a part, involved conduct proscribed by section 418 of the Controlled Substances Act (21 U.S.C. 859) which was committed directly by the defendant. (6) DISTRIBUTION NEAR SCHOOLS.--The offense, or a continuing criminal enterprise of which the offense was a part, involved conduct proscribed b~ section 419 of the Controlled Sub 199 stances Act (21 U.S.C. 860) which was committed directly by the defendant. (7) USING MINORS IN TRAFFICKING.--The offense, or a continuing criminal enterprise of which the offense was a part, involved conduct proscribed by section 420 of the Controlled Substances Act ~21 U.S.C. 861) which was committed directly by the defendant. '(8) LETHAL ADULTERANT.--The offense involved the importation, manufacture, or distribution of a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), mixed with a potentially lethal adulterant, and the defendant was aware of the presence of the adulterant. The jury, or if there is no jury, the court, may consider whether any other aggravating factor for which notice has been given exists. "~3593. Special hearing to determine whether a sentence of death is justified (a) NOTICE BY THE GOVERNMENT.--If, in a case involving an offense described in section 3591, the attorney for the government believes that the circumstances of the offense are such that a sentence of death is justified under this chapter, the attorney shall, a reasonable time before the trial or before acceptance by the court of a plea of guilty, sign and file with the court, and serve on the defendant, a notice-- "(1) stating that the government believes that the circumstances of the offense are such that, if the defendant is convicted, a sentence of death is justified under this chapter and that the government will seek the sentence of death; and "(2) setting forth the aggravating factor or factors that the government, if the defendant is convicted, proposes to prove as justifying a sentence of death. The factors for which notice is provided under this subsection may include factors concerning the effect of the offense on the victim and the victim's family, and may include oral testimony, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim and the victim's family, and any other relevant information. The court may permit the attorney for the government to amend the notice upon a showing of good cause. (b) HEARING BEFORE A COURT OR JURY.--If the attorney for the government has filed a notice as required under subsection (a) and the defendant is found guilty of or pleads guilty to an offense described in section 3591, the judge who presided at the trial or before whom the guilty plea was entered, or another judge if that judge is unavailable, shall conduct a separate sentencing hearing to determine the punishment to be imposed. The hearing shall be conducted-- "(1) before the jury that determined the defendant's guilt; "(2) before a jury impaneled for the purpose of the hearing "(A) the defendant was convicted upon a plea of guilty; "(B) the defendant was convicted after a trial before the court sitting without a jury; REDO 200 "(C) the jury that determined the defendants discharged for good cause; or "(D) after initial imposition of a sentence and section, reconsideration of the sentence under this sect necessary; or zon "(3) before the court alone, upon the m~Dtion of th ant and with the approval of the attorney rfor the gOVern f n' A jury impaneled pursuant to paragraph (2) ~:hall consi,t members, unless, at any time before the conclu~ion of the hea f 1 the parties stipulate, with the approval of the ~^ourt, that it sh consist of a lesser number. a (C) PROOF OF MITIGATING AND AGGnAAVAT/rVG FACTORS w~thstanding rule 32(c) of the Federal Rules of Griminal Proced when a defendant is found guilty or pleads g~ilty to an under section 3591, no presentence report shall ~;e prepared A sent.Dnrir10 hD~7rin~t ;n~ . L_ __ . . t th~ sentencing heari ' i f r ---ti--~ Vbv~ parea At the relevant to the sentence, including any mitigati ng or aggrava factor permitted or required to be considered under section 3592 Ir formation presented may include the trial transc~ipt and exhibits if the hearing is held before a jury or judge not ~resent during the~ trzal, or at the trial judge's discretion. The defer~dant may present any information relevant to a mitigating factor~ The governmen-- may present any information relevant to an agg~avating factor fo~ w~ich notice has been provided under subsection ~a)- Information i-- adm~sszble regardless of its admissibility under t~e rules governinl-- admlssion of evidence at criminal trials except that informatio may be excluded if its probative value is outweig~ed by the danger of creating unfair prejudice, confusing the issues, or misleading the Jury. The government and the defendant shall be permitted to rebut any information received at the hearing, and sha~l be given fair op- portunity to present argument as to the adequacy of the information to establish the existence of any aggravating or mitigating factor and as to the appropriateness in the case of imposing a sentence of death. The government shall open the argument. The defendant shall be permitted to reply. The government shall then be permitted to reply in rebuttal. The burden of establishing the existence of al~y aggravating factor is on the government, and is not satisfied unless the existence of such a factor is established beyond a reasonable doubt. The burden of establishing the existence of any mitigating factor is on the defendant, and is not satisfied unless the existence of such a factor is established by a preponderance of the informat~on. (d) RETURN OF SPECIAL FINDINGS.--The jury, or if there is r20 Jury, the court, shall consider all the information received during the hearing It shall return special findings identi~ing any aggr~vating factor or factors set forth in section 3592 found to exist a~ld any other aggravating factor for which notice has been providt7d under subsection (a) found to exist. A finding with respect to a mitigating factor may be made by 1 or more members of the jury, and any member of the jury who finds the existence of a mitigating factor may consider such factor established for purposeS of this sectiOn r~gardless of the number of jurors who concur that the factor has been established. A finding with respect to any aggrauating famust be unanimous. If no aggravatin~ factor set forth in secti 201 ,und to exist, the court shall impose a sentence other than RE~rTRN. OF A FINDING CONCERNING A SENTENCE OF _If)in thoffenaSsee dfescribed in section 3691(a)(1), an aggravatfactor required to be considered under section 3592(b) is d to exist; a(2) an offense described in section 3591(a)(2), an aggravat, factor required to be consldered under section 3592(c) LS "(3) an offense described in section 3591(b), an aggravating tor required to be considered under section 3592(d) is found . exist, ry, or if there is no jury, the court, shall consider whether all ~gravating factor or factors found to exist sufficiently outweigh e ~nitigating factor or factors found to exist to justify a senof death, or, in the absence of a mitigating factor, whether the vating factor or factors alone are sufficient to Justify a senof death. Based upon this consideration, the Jury by unanivote, or if there is no jury, the court, shall recommend whether ~und to exist, e defendant should be sentenced to death, to life imprisonment ~thout possibility of release or some other lesser sentence. "(f) SPECIAL PRECAUTION TO ENSURE AGAINST DISCRIMINAON.--In a hearing held before a jury, the court, prior to the return a finding under subsection (e), shall instruct the jury that, in condering whether a sentence of death is justified, it shall not conszder the race, color, religious beliefs, national origin, or sex of the defendant or of any victim and that the jury is not to recommend a sentence of death unless it has concluded that it would recommend a sentence of death for the crime in question no matter what the race, color, religious beliefs, national origin, or sex of the defendant or of any victim may be. The jury, upon return of a finding under subsection (e), shall also return to the court a certificate, signed by each juror, that consideration of the race, color, religious beliefs, national orif~in, or sex of the defendant or any victim was not involved in reaching his or her individual decision and that the individual juror would have made the same recommendation regarding a sentence for the crime in question no matter what the ace, color, religious beliefs, national origin, or sex of the defendant any vzctim may be. . Imposition of a sentence of death ~- upon a recommendation under section 3~93(e) that the defend- ;8hould be sentenced to death or life imprisonment without possi- b of release, the court shall sentence the defendant accordingly. ~- ~erWzse, the court shall impose any lesser sentence that iS author- _e.d by law. Notwithstanding any other law, if the maximum term isonment for the offense is life imprisonment, the court may pose a sentence of lifie imprisonment without possibility of release. ~3595. Review of a gentence of death fQ) APPEAL.--In a case in which a sentence of death is imposec~, the sentence shall be subject to review by the court of appeals C~ appeal by the defendant. Notice of appeal must be filed within the time specified for the filing of a notice of appeal. An appeal under this section may be consolidated with an appeal of the judgment of conviction and shall have priority over all other cases. "(b) REVIEW.--The court of appeals shall review the entire record in the case, including-- "( ) the evidence submitted during the trial; "(2) the information submitted during the sentencing hear- ng; "(3) the procedures employed in the sentencing hearing; and "(4) the special findings returned under section 3693(d). "(c) DECISION AND DISPOSITION.-- "(1) The court of appeals shall address all substantive and procedural issues raised on the appeal of a sentence of death and shall consider whether the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor and whether the evidence supports the special finding of the existence of an aggravating factor required to be considered under section 3592. "(2) Whenever the court of appeals finds that-- "(A) the sentence of death was imposed under the influ ence of passion, prejudice, or any other arbitrary factor; "(B) the admissible evidence and information adduced does not support the special finding of the existence of the required aggravating factor; or "(C) the proceedings involved any other legal error re quiring reversal of the sentence that was properly preservedfor appeal under the rules of criminal procedure, the court shall remand the case for reconsideration under section 3593 or imposition of a sentence other than death. The court of appeals shall not reverse or vacate a sentence of death on account of any error which can be harmless, including any erroneous special finding of an aggravating factor, where the Government establishes beyond a reasonable doubt that the error was harmless. "(3) The court of appeals shall state in writing the reasons for its disposition of an appeal of a sentence of death under this section. "~359fi Implementation of a senter~ce of death "(a) IN GENERAL.--A person who has been sentenced to death pursuant to this chapter shall be committed to the custody of the Attorney General until exhaustion of the procedures for appeal of the judgment of conviction and for review of the sentence. When the sentence is to be implemented, the Attorney General shall release the person sentenced to death to the custody of a United States marshal, who shall supervise implementation of the sentence in the manner prescribed by the law of the State in which the sentence is imposed. If the law of the State does not provide for implementation of a sentence of death, the court shall designate another State, the law of which does provide for the implementation of a sentence of death, and the sentence shall be implemented in the latter State in the manner prescribed by such law. (b) PREGNANT WOMAN.--A sentence of death shall not be carried out upon a woman while she is 7~re~nant. "(c) MENTAL CAPACIT~ A sentence of death shall not be car- I ried out upon a person who is mentally retarded. A sentence of deat~ shaZ not be carried out upon a person who, as a result of mental disability, lacks the mental capacity to understand the death penalty and why it was imposed on that person. "3597. Use of State facilities "(a) IN GENERAL.--A United States marshal charged with supervising the implementation of a sentence of death may use appropriate State or local facilities for the purpose, may use the services of an appropriate State or local official or of a person such an official employs for the purpose, and shall pay the costs thereof in an amo~nt approved by the Attorney General. (b) EXCUSE OF AN EMPLOYEE ON MORAL OR RELIGIOUS GRO~'NDS.--No employee of any State department of corrections, the United States Department of Justice, the Federal Bureau of Prisons, or the United States Marshals Service, and no employee providing services to that department, bureau, or service under contract shall be required, as a condition of that employment or contractual obligation, ~o be in attendance at or to participate in any prosecution or execution under this section if such participation is contrary to the rnoral or religious convictions of the employee. In this subsection, 'participation in executions' includes personal preparation of the condemned individual and the apparatus used for execution and supervision of the activities of other personnel in carrying out such activities. "3598. Special provisions for Indian country "Notwithstanding sections 1152 and 1153, no person subject to the criminal jurisdiction of an Indian tribal government shall be subject to a capital sentence under this chapter for any offense the Federal jurisdiction for which is predicated solely on Indian country (as defined in section 1151 of this title) and which has occurred within the boundaries of Indian country, unless the governing body of the tribe has elected that this chapter have effect over land and persons subject to its criminal jurisdiction.". (b) TECHNICAL AMENDMENT.--The part analysis for part II of title 18r Ur~ited States Code, is amended by inserting after the item relating to chapter 227 the following new item: ~a2s. Death llentence .................. 3591". SEC. 60003. SPECIFIC OFFENSES FOR WHICH DEATH PENALTY IS AUTHORlZED. (a) CONFORMING CHANGES IN TITLE 18.--Title 18, United States Code, is amended as follows: (1) AIRCRAFT AND MOTOR VEHICLES.--Section 34 of title 18, United States Code, is amended by striking the comma after "imprisonment for life" inserting a period, and striking the remainder of the section. (2) ESPIONAGE.--Section 794(a) of title 18, United States Code, is amended by striking the period at the end of the section and inserting ", except that the sentence of death shall not be imposed unless the jury or, if there is no jury, the court, further finds that the offense resulted in the identification by a foreign power (as defined in section 101(a) of the Foreign Intel 202 the time specified for the filing of a notice of appeal. An appeal under this section may be consolidated with an appeal of the judgment of conviction and shall have priority over all other cases. "(b) REVIEW.--The court of appeals shall review the entire record in the case, including-- "(1) the evidence submitted during the trial; "(2) the information submitted during the sentencing hearing; "(3) the procedures employed in the sentencing hearing and "(4) the special findings returned under section 3593(dj. "(c) DECISION AND DISPOSITION.-- "(1) The court of appeals shall address all substantive and procedural issues raised on the appeal of a sentence of death, and shall consider whether the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor and whether the evidence supports the special finding of the existence of an aggravating factor required to be considered under section 3592. "(2) Whenever the court of appeals finds that-- "(A) the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor "(B) the admissible evidence and information adduced does not support the special finding of the existence of the required aggravating factor; or "(C) the proceedings involved any other legal error requiring reversal of the sentence that was properly preserved for appeal under the rules of criminal procedure, the court shall remand the case for reconsideration under section 3593 or imposition of a sentence other than death. The court of appeals shall not reverse or vacate a sentence of death on account of any error which can be harmless, including any erroneous special finding of an aggravating factor, where the Government establishes beyond a reasonable doubt that the error was harmless. "(3) The court of appeals shall state in writing the reasons for its disposition of an appeal of a sentence of death under this section. "3596 Implementation of a sentence of death "(a) IN GENERAL.--A person who has been sentenced to death pursuant to this chapter shall be committed to the custody of the Attorney General until exhaustion of the procedures for appeal of the judgment of conviction and for review of the sentence. When the sentence is to be implemented, the Attorney General shall release the person sentenced to death to the custody of a United States marshal, who shall supervise implementation of the sentence in the manner prescribed by the law of the State in which the sentence is imposed If the law of the State does not provide for implementation of a sentence of death, the court shall designate another State, the law of which does provide for the implementation of a sentence of death and the sentence shall be implemented in the latter State in the manner prescribed by such law. (b) PREGNANT WOMAN.--A sentence of death shall not be carried out upon a woman while she is pregnant. 203 "(c) MENTAL CAPACITY.--A sentence of death shall not be carried out upon a person who is mentally retarded. A sentence of death shall not be carried out upon a person who, as a result of mental disability, lacks the mental capacity to understand the death penalty and why it was imposed on that person. "3597. Use of State facilities "(a) IN GENERAL.--A United States marshal charged with supervising the implementation of a sentence of death may use appropriate State or local facilities for the purpose, may use the services of an appropriate State or local official or of a person such an official employs for the purpose, and shall pay the costs thereof in an amount approved by the Attorney General. ' (b) EXCUSE OF AN EMPLOYEE ON MORAL OR RELIGIOUS GROUNDS.--No employee of any State department of corrections, the United States Department of Justice, the Federal Bureau of Prisons, or the United States Marshals Service, and no employee providing services to that department, bureau, or service under contract shall be required, as a condition of that employment or contractual obligation, to be in attendance at or to participate in any prosecution or execution under this section if such participation is contrary to the moral or religious convictions of the employee. In this subsection, 'participation in executions' includes personal preparation of the condemned individual and the apparatus used for execution and supervision of the activities of other personnel in carrying out such activities. "3598. Special provisions for Indian country "Notwithstanding sections 1152 and 1153, no person subject to the criminal jurisdiction of an Indian tribal government shall be subject to a capital sentence under this chapter for any offense the Federal jurisdiction for which is predicated solely on Indian country (as defined in section 1151 of this title) and which has occurred within the boundaries of Indian country, unless the governing body of the tribe has elected that this chapter have effect over land and persons subject to its criminal jurisdiction.". (b) TECHNICAL AMENDMENT.--The part analysis for part n of title 18~ United States Code, is amended by inserting after the item relating to chapter 227 the following new item: "228. Death sentence .................. 3591". SEC 60003. SPECIFIC OFFENSES FOR WHICH DEATH PENALTY IS AUTHORIZED. (a) CONFORMING CHANGES IN TITLE 18.--Title 18, United States Code, is amended as follows: (1) AIRCRAFT AND MOTOR VEHICLES.--Section 34 of title 18, United States Code, is amended by striking the comma after "imprisonment for life", inserting a period, and striking the remainder of the section. (2) ESPIONAGE.--Section 794(a) of title 18, United States Code, is amended by striking the period at the end of the section and inserting ", except that the sentence of death shall not be imposed unless the jury or, if there is no jury, the court, further finds that the offense resulted in the identification by a foreign power (as defined in section 101(a) of the Foreign Intel- 204 ligence Surveillance Act of 1978) of an individual acting as an agent of the United States and consequently in the death of that individual, or directly concerned nuclear weaponry, military spacecraft or satellites, early warning systems, or other means of defense or retaliation against large-scale attack; war plans communications intelligence or cryptographic information; or any other major weapons system or major element of defense strategy. . (3) Explosive MATERIALs.~A) Section 844(d) of title 18 United States Code, is amended by striking "as provided in section 34 of this title". (B) Section 844(f~ of title 18, United States Code, is amended by striking "as provided in section 34 of this title". (C) Section 844(i) of title 18, United States Code, is amended by striking "as provided in section 34 of this title". (4) MURDER.--The second undesignated paragraph of section 1111(b) of title 18, United States Code, is amended to read as follows: 'whoever is guilty of murder in the first degree shall be punished by death or by imprisonment for life,". (5) KILLING OF FOREIGN OFFICIAL.--Section 1116(a) of title 18, United States Code, is amended by striking "any such person who is found guilty of murder in the first degree shall be sentenced to imprisonment for life, and". (6) KIDNAPPING.--Section 1201(a) of title 18, United States Code, is amended by inserting after "or for life" the following: 'and, if the death of any person results, shall be punished by death or life imprisonment". (7) NONMAILABLE INJURIOUS ARTICLES.--The last paragraph of section 1716 of title 18, United States Code, is amended by striking the comma after "imprisonment for life" and inserting a period and striking the remainder of the paragraph. (8) WRECKING TRAINS.--The second to the last undesignated paragraph of section 1992 of title 18, United States Code is amended by striking the comma after "imprisonment for life" inserting a period, and striking the remainder of the section. (9) BANK ROBBERY.--Section 2113(e) of title 18, United States Code, is amended by striking "or punished by death if the verdict of the jury shall so direct" and inserting "or if death results shall be punished by death or life imprisonment". (10) HOSTAGE TAKING.--Section 1203(a) of title 18, United States Code, is amended by inserting after "or ~or life" the following: and, if the death of any person results, shall be punished by death or life imprisonment". (11) MURDER FOR HIRE.--Section 1958 of title 18, United States Code, is amended by striking "and if death results, shall be subJect to imprisonment for any term of years or for life, or shall be fined not more than $50,000, or both" and inserting and if death results, shall be punished by death or life imprisonment, or shall be fined not more than $250,000, or both". (12) RACKETEERING.--Section 1959(a)(1) of title 18, United States Code, is amended to read as follows: "(1) for murder, by death or life imprisonment, or a fine of not more than $250,000, or both; and for kidnapping, by im- 205 prisonment for any term of years or for life, or a fine of not more than $250,000, or both;". (13) GENOCIDE.--Section 1091(b)(1) of title 18, United States Code, is amended by striking "a fine of not more than $1,000,000 or imprisonment for life," and inserting ", where death results, by death or imprisonment for life and a fine of not more than $1,000,000, or both;". (14) CARJACKING.--Section 2119(3) of title 18, United States Code, is amended by striking the period after "both" and inserting ", or sentenced to death.n and by striking " possessing a firearm as defined in section 921 of this title," and inserting " with the intent to cause death or serious bodily harm". (b) CONFORMING AMENDMENT TO FEDERAL AVIATION ACT OF 1954.--Chapter 465 of title 49, United States Code, is amended-- (1) in the chapter analysis by striking "Death penalty sentencing procedure for aircraft piracy" and inserting "Repealed"; and (2) by striking section 46503. SEC. 60004. APPLICABILITY OF UNIFORM CODE OF MILITARY JUSTICE. Chapter 228 of title 18, United States Code, as added by this title, shall not apply to prosecutions under the Uniform Code of Military Justice (10 U.S.C. 801). SEC. 60005. DEATH PENALTY FOR MURDER BY A FEDERAL PRISONER. (a) IN GENERAL.--Chapter 51 of title 18, United States Code, is amended by adding at the end the following new section: "~1118. Murder by a Federal prisoner "(a) OFFENSE.--A person who, while confined in a Federal correctional institution under a sentence for a term of life imprisonment, commits the murder of another shall be punished by death or by life imprisonment. (b) DEFINITIONS.--In this section-- "'Federal correctional institution' means any Federal prison, Federal correctional facility, Federal community program center, or Federal halfway house. "'murder' means a first degree or second degree murder (as defined in section 111V. "'term of life imprisonment' means a sentence for the term of natural life, a sentence commuted to natural life, an indeterminate term of a minimum of at least fifteen years and a maxi mum of life, or an unexecuted sentence of death.". (b) TECHNICAL AMENDMENT.--The chapter analysis for chapter 51 of title 18, United States Code, is amended by adding at the end the following new item: "1118. Murder by a Federal prisoner.". SEC. 60006. DEATH PENALTY FOR CIVIL RIGHTS MURDERS. (a) CONSPIRACY AGAINST RIGHTS.--Section 241 of title 18, United States Code, is amended by striking the period at the end of the last sentence and inserting " or may be sentenced to death.". (b) DEPRIVATION OF RIGHTS UNDER COLOR OF LAW.--Section 242 of title 18, United States Code, is amended by striking the period at the end of the last sentence and inserting " or may be sentenced to death.". 206 (c) FEDERALLY PROTECTED ACTIVITIES.--Section 245(b) of title 18, United States Code, is amended in the matter following paragraph (5) by inserting ", or may be sentenced to death" after "or for (d) DAMAGE TO RELIGIOUS PROPERTY; OBSTRUCTION OF THE FREE EXERCISE OF RELIGIOUS RIGHTS.--Section 247(c)(1) of title 18, Un~ted States Code, is amended by inserting " or may be sentenced to death" after "or both". SEC. 60007. DEATH PENALTY FOR THE MURDER OF FEDERAL LAW ENFORCEMENT OFFICIALS. Section 1114 of title 18, United States Code, is amended by striking punished as provided under sections 1111 and 1112 of this title,' and inserting '~punished, in the case of murder, as provided under section 1111, or, in the case of manslaughter, as provided under section 1112. ". SEC. 60008. NEW OFFENSE FOR THE INDISCRIMINATE USE OF WEAPONS TO FURTHER DRUG CONSPIRACIES. ~a! SHORT TITLE.--This section may be cited as the "Drive-By Shooting Prevention Act of 1994". (b) IN GENERAL.--Chapter 2 of title 18, United States Code, is amended by adding at the end the following new section: "36. Drive-by shooting (a) DEFINITION.--In this section, 'major drug offense' means-- (1) a continuing criminal enterprise punishable under section 403(c) of the Controlled Substances Act (21 U.S.C. 848(c));(2) a conspiracy to distribute controlled substances punish able under section 406 of the Controlled Substances Act (21 U.S.C. 846) section 1013 of the Controlled Substances Import and Export Control Act (21 U.S.C. 963); or (3) an offense involving major quantities of drugs and punishable under section 401(b)(1)(A) of the Controlled Sub- stances Act (21 U.S.C. 841(b)(1)(A)) or section 1010(b)(1) of the Controlled Substances Import and Export Act (21 U.S.C. (b) OFFENSE AND PENALTIES.~1) A person who, in furtherance or to escape detection of a major drug offense and with the intent to intimidate, harass, injure, or maim, fires a weapon into a group of two or more persons and who, in the course of such conduct, causes grave risk to any human life shall be punished by a term of no more than 25 years, by fine under this title, or both. (2) A person who, in furtherance or to escape detection of a major drug offense and with the intent to intimidate, harass, injure, or mame, fires a weapon into a group of 2 or more persons and who, in the course of such conduct, kills any person shall, if the killing-- (A) Is a first degree murder (as defined in section 1111(a)), be punished by death or imprisonment for any term of years or for life, fined under this title, or both; or (B) Is a murder other than a first degree murder (as de fined in section 1111(a)), be fined under this title, imprisoned for any term of years or for life, or both.". (C) TECHNICAL AMENDMENT.--The chapter analysis for chapter 2 of title 18, United States Code, is amended by adding at the end the following new item: 207 "36. Drive-by Shooting." SEC. 60009. FOREIGN MURDER OF UNITED STATES NATIONALS. (a) IN GENERAL.--Chapter 51 of title 18, United States Code, as amended by section 60005(a), is amended by adding at the end the following new section: "1119. Foreign murder of United States nationals (a) DEFINITION.--In this section, 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) OFFENSE.--A person who, being a national of the United States, kills or attempts to kill a national of the United States while such national is outside the United States but within the jurisdiction of another country shall be punished as provided under sections 1111, 1112, and 1113. (c) LIMITATIONS ON Prosecution.~1) No prosecution may be instituted against any person under this section except upon the written approval of the Attorney General, the Deputy Attorney General, or an Assistant Attorney General, which function of approving prosecutions may not be delegated. No prosecution shall be approved if prosecution has been previously undertaken by a foreign country for the same conduct. "(2) No prosecution shall be approved under this section unless the Attorney General, in consultation with the Secretary of State, determines that the conduct took place in a country in which the person is no longer present, and the country lacks the ability to law.fully secure the person's return. A determination by the Attorney General under this paragraph is not subject to judicial review.". (b) TECHNICAL AMENDMENTS.~1) Section 1117 of title 18 United States Code, is amended by striking "or 1116" and inserting ~1116, or 1119". (2) The chapter analysis for chapter 51 of title 18, United States Code, as amended by section 60005(a), is amended by adding at the end the following new item: ~1119. Foreign murder of United States nationals.n. SEC. 60010. DEATH PENALTY FOR RAPE AND CHILD MOLESTATION MURDERS. (a) OFFENSE.--Chapter 109A of title 18, United States Code, is amended- - (1) by redesignating section 2245 as section 2246; and (2) by inserting after section 2244 the following new section: ~2245. Sexual abuse resulting in death "A person who, in the course of an offense under this chapter, engages in conduct that results in the death of a person, shall be punished by death or imprisoned for any term of years or for life.". (b) TECHNICAL AMENDMENT.--The chapter analysis for chapter 109A of title 18, United States Code, is amended by striking the item for section 2245 and inserting the following: "2245. Sexual abuse resulting in death. "2246. Definitions for chapter.". 208 SEC. 60011. DEATH PENALTY FOR SEXUAL EXPLOITATION OF CHILDREN. Section 2251(d) of title 18, United States Code, is amended by adding at the end the following: "Whoever, in the course of an offense under this section, engages in conduct that results in the death of a person, shall be punished by death or imprisoned for any term of years or for life.". SEC. 60012. MuRDER BY EscAPED PRISONERS. (a) IN GENERAL.--Chapter 51 of title 18, United States Code, as amended by section 60009(a), is amended by adding at the end the following new section: "1120. Murder by escaped prisoners "(a) DEFINITION.--In this section, Federal prison and term of life imprisonment' have the meanings stated in section 1118. (b) OFFENSE AND PENALTY.--A person, having escaped from a Federal prison where the person was confined under a sentence for a term of life imprisonment, kills another shall be punished as provided in sections 1111 and 1112." (b) TECHNICAL AMENDMENT.--The chapter analysis for chapter 51 of title 18, United States Code, as amended by section 60009(b)(2), is amended by adding at the end the following new Item: "1120. Murder by escaped prisoner*." SEC. 60013. DEATH PENALTY FOR GUN MURDERS During FEDERAL CRIMES OF VIOLENCE AND DRUG TRAFFICKING CRIMES. Section 924 of title 18, United States Code, is amended by adding at the end the following new subsection: "(i) A person who, in the course of a violation of subsection (c), causes the death of a person through the use of a firearm, shall-- "(1) if the killing is a murder (as defined in section 1111), be punished by death or by imprisonment for any term of years or for life; and "(2) if the killing is manslaughter (as defined in section 1112), be punished as provided in that section.". SEC. 60014. Homicides AN~D ATTEMPTED HOMICIDES INVOLVING FIREARMS IN FEDERAL FACILITIES. Section 930 of title 18, United States Code, is amended-- (1) by redesignating subsections (c), (d), (e), and (fl as sub sections (d), (e), (fl, and (g), respectively; (2) in subsection (a) by striking "(c)" and inserting "(d)"; and (3) by inserting after subsection (b) the following new sub section: "(c) A person who kills or attempts to kill any person in the course of a violation of subsection (a) or (b), or in the course of an attack on a Federal facility involving the use of a firearm or other dangerous weapon, shall be punished as provided in sections 1111, 1112, and 1113.". 209 SEC. 60015. DEATH PENALTY FOR THE MURDER OF STATE OR LOCAL OFFICIALS ASSISTING FEDERAL LAW ENFORCEMENT OFFICIALS AND STATE CORRECTIONAL OFFICERS. (a) IN GENERAL. Chapter 51 of title 18, United States Code, as amended by section 60012(a), is amended by adding at the end the following new section: " 1121. Killing persons aiding Federal investigations or State correctional officers "(a) Whoever intentionally kills-- "(1) a State or local official, law enforcement officer, or other officer or employee while working with Federal law en- forcement officials in furtherance of a Federal criminal inves- tigation-- "(A) while the victim is engaged in the performance of official duties; "(B) because of the performance of the victim's official duties; or "(C) because of the victim's status as a public servant; or "(2) any person assisting a Federal criminal investigation, while that assistance is being rendered and because of it, shall be sentenced according to the terms of section 1111, including by sentence of death or by imprisonment for life. "(b)(1) Whoever, in a circumstance described in paragraph (3) of this subsection, while incarcerated, intentionally kills any State correctional officer engaged in, or on account of the performance of such officer's official duties, shall be sentenced to a term of impris- onment which shall not be less than 20 years, and may be sentenced to life imprisonment or death. "(2) As used in this section, the term, 'State correctional officer' includes any officer or employee of any prison, jail, or other deten- tion facility, operated by, or under contract to, either a State or local governmental agency, whose job responsibilities include providing for the custody of incarcerated individuals. "(3) The circumstance referred to in paragraph (1) is that-- "(A) the correctional officer is engaged in transporting the incarcerated person interstate; or "(B) the incarcerated person is incarcerated pursuant to a conviction for an offense against the United States.". (b) TECHNICAL AMENDMENT.--The chapter analysis for chapter 51 of title 18, United States Code, as amended by section 60012(b), is amended by adding at the end the following new item: "1121 Killing persons aiding Federal investigations or State correctional officers. "SEC. 60016. PROTECTION OF COURT OFFICERS AND JURORS. Section 1503 of title 18, United States Code, is amended-- (1) by inserting "(a)" before "Whoever"; (2) by striking "fined not more than $5,000 or imprisoned not more than five years, or both." and inserting "punished as provided in subsection (b)."; (3) by adding at the end the following new subsection: "(b) The Dunishment for an offense under this section is-- 210 "(1) in the case of a killing, the punishment provided in sections 1111 and 1112; "(2) in the case of an attempted killing, or a case in which the offense was committed against a petit juror and in which a class A or B felony was charged, imprisonment for not more than 20 years, a fine under this title, or both; and "(3) in any other case, imprisonment for not more than 10 years, a fine under this title, or both."; and (4) in subsection (a), as designated by paragraph (1), by striking "commissioner" each place it appears and inserting "magistrate judge". SEC. 60017. PROHIBITION OF RETALIATORY KILLINGS OF WITNESSES, VICTIMS, AND INFORMANTS. Section 1513 of title 18, United States Code, is amended-- (1) by redesignating subsections (a) and (b) as subsections (b) and (c), respectively; and (2) by inserting after the section heading the following new subsection: "(a)(1) Whoever kills or attempts to kill another person with intent to retaliate against any person for-- "(A) the attendance of a witness or party at an official proceeding, or any testimony given or any record, document, or other object produced by a witness in an official proceeding; or "(B) providing to a law enforcement officer any information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, parole, or release pending judicial proceedings, shall be punished as provided in paragraph (2). "(2) The punishment for an offense under this subsection is-- "(A) in the case of a killing, the punishment provided in sections 1111 and 1112; and "(B) in the case of an attempt, imprisonment for not more than 20 years. ". SEC. 60018. DEATH PENALTY FOR MURDER OF FEDERAL WITNESSES. Section 1512(a)(2)(A) of title 18, United States Code, is amended to read as follows: "(A) in the case of murder (as defined in section 1111), the death penalty or imprisonment for life, and in the case of any other killing, the punishment provided in section 1112;". SEC. 60019. OFFENSES OF VIOLENCE AGAINST MARITIME NAVIGATION OR FIXED PLATFORMS. (a) IN GENERAL.--Chapter 111 of title 18, United States Code, is amended by adding at the end the following new sections: "2280. Violence against maritime navigation (a) OFFENSES.-- '(1) IN GENERAL.--A person who unlawfully and intentionally-- "(A) seizes or exercises control over a ship by force or threat thereof or any other form of intimidation; 211 "(B) performs an act of violence against a person on board a ship if that act is likely to endanger the safe navigation of that ship; "(C) destroys a ship or causes damage to a ship or to its cargo which is likely to endanger the safe navigation of that ship; "(D) places or causes to be placed on a ship, by any means whatsoever, a device or substance which is likely to destroy that ship, or cause damage to that ship or its cargo which endangers or is likely to endanger the safe navigation of that ship; "(E) destroys or seriously damages maritime navigational facilities or seriously interferes with their operation, if such act is likely to endanger the safe navigation of a ship; "(F) communicates information, knowing the information to be false and under circumstances in which such information may reasonably be believed, thereby endangering the safe navigation of a ship; "(G) injures or kills any person in connection with the commission or the attempted commission of any of the offenses set forth in subparagraphs (A) through (F); or "(H) attempts to do any act prohibited under subparagraphs (A) through (G), shall be fined under this title, imprisoned not more than 20 years, or both; and if the death of any person results from conduct prohibited by this paragraph, shall be punished by death or imprisoned for any term of years or for life. (2) THREAT TO NAVIGATION.--A person who threatens to do any act prohibited under paragraph (1) (B), (C) or (E), with apparent determination and will to carry the threat into execution, if the threatened act is likely to endanger the safe navigation of the ship in question, shall be fined under this title, imprisoned not more than 5 years, or both. "(b) JURISDICTION.--There is jurisdiction over the activity prohibited in subsection (a)-- "(1) in the case of a covered ship, if-- "(A) such activity is committed-- "(i) against or on board a ship flying the flag of the United States at the time the prohibited activity is committed; "(ii) in the United States and the activity is not prohibited as a crime by the State in which the activity takes place; or "(iii) the activity takes place on a ship flying the flag of a foreign country or outside the United States, by a national of the United States or by a stateless per son whose habitual residence is in the United States; "(B) during the commission of such activity, a national of the United States is seized, threatened, injured or killed; or "(C) the offender is later found in the United States after such activity is committed: 212 "(2) in the case of a ship navigating or scheduled to navigate solely within the territorial sea or internal waters of a country other than the United States, if the offender is later found in the United States after such activity is committed; and "(3) in the case of any vessel, if such activity is committed in an attempt to compel the United States to do or abstain from doing any act. (C) BAR TO PROSECUTION.--It is a bar to Federal prosecution under subsection (a) for conduct that occurred within the United States that the conduct involved was during or in relation to a labor dispute, and such conduct is prohibited as a felony under the law of the State in which it was committed. For purposes of this section, the term 'labor dispute' has the meaning set forth in section 2(c) of the Norris-LaGuardia Act, as amended (29 U.S.C. 113(c)). "(d) DELIVERY OF SUSPECTED OFFENDER.--The master of a covered ship flying the flag of the United States who has reasonable grounds to believe that there is on board that ship any person who has committed an offense under Article 3 of the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation may deliver such person to the authorities of a State Party to that Convention. Before delivering such person to the authorities of another country, the master shall notify in an appropriate manner the Attorney General of the United States of the alleged offense and await instructions from the Attorney General as to what action to take. When delivering the person to a country which is a State Party to the Convention, the master shall, whenever practicable, and if possible before entering the territorial sea of such country, notify the authorities of such country of the master's intention to deliver such person and the reasons therefor. If the master delivers such person, the master shall furnish to the authorities of such country the evidence in the master's possession that pertains to the alleged offense. '(e) DEFINITIONS.--In this section-- "'covered ship' means a ship that is navigating or is scheduled to navigate into, through or from waters beyond the outer limit of the territorial sea of a single country or a lateral limit of that country's territorial sea with an adjacent country. "'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)). "'territorial sea of the United States' means all waters extending seaward to 12 nautical miles from the baselines of the United States determined in accordance with international law. "'ship' means a vessel of any type whatsoever not permanently attached to the sea-bed, including dynamically supported craft, submersibles or any other floating craft, but does not include a warship, a ship owned or operated by a government when being used as a naval auxiliary or for customs or police purposes, or a ship which has been withdrawn from navigation or laid up. "'United States' when used in a geographical sense, includes the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands and all territories and possessions of the United States. 213 "2281. Violence against maritime fixed platforms "(a) OFFENSES.-- '(1) IN GENERAL.--A person who unlawfully and intentionally-- "(A) seizes or exercises control over a fixed platform by force or threat thereof or any other form of intimidation; "(B) performs an act of violence against a person on board a fixed platform if that act is likely to endanger its safety; "(C) destroys a fixed platform or causes damage to it which is likely to endanger its safety; "(D) places or causes to be placed on a fixed platform, by any means whatsoever, a device or substance which is likely to destroy that fixed platform or likely to endanger its safety; "(E) injures or kills any person in connection with the commission or the attempted commission of any of the offenses set forth in subparagraphs (A) through (D); or "(F) attempts to do anything prohibited under subparagraphs (A) through (E), shall be fined under this title, imprisoned not more than 20 years, or both; and if death results to any person from conduct prohibited by this paragraph, shall be punished by death or imprisoned for any term of years or for life. "(2) THREAT T~ SAFETY.--A person who threatens to do anything prohibited under paragraph (1) (B) or (C), with apparent determination and will to carry the threat into execution, if the threatened act is likely to endanger the safety of the fixed platform, shall be fined under this title, imprisoned not more than ~ years, or both. "(b) JURISDICTION.--There is jurisdiction over the activity prohibited in subsection (a) if-- "(1) such activity is committed against or on board a fixed platform-- "(A) that is located on the continental shelf of the United States; "(B) that is located on the continental shelf of another country, by a national of the United States or by a stateless person whose habitual residence is in the United States; or "(C) in an attempt to compel the United States to do or abstain from doing any act; "(2) during the commission of such activity against or on board a fixed platform located on a continental shelf, a national of the United States is seized, threatened, injured or killed; or "(3) such activity is committed against or on board a fixed platform located outside the United States and beyond the continental shelf of the United States and the offender is later found in the United States. (C) BAR TO PROSECUTION.--It is a bar to Federal prosecution under subsection (a) for conduct that occurred within the United States that the conduct involved was during or in relation to a labor dispute, and such conduct is prohibited as a felony under the law dispute, and such conduct is prohibited as a felony under the law of the State in which it was committed. For purposes of this section, 214 the term 'labor dispute' has the meaning set forth in section 2(c) of the Norris-LaGuardia Act, as amended (29 U.S.C. 113(c)). '(d) DEFINITIONS.--In this section-- "'continental shelf' means the sea-bed and subsoil of the submarine areas that extend beyond a country's territorial sea to the limits provided by customary international law as reflected in Article 76 of the 1982 Convention on the Law of the Sea. "'fixed platform' means an artificial island, installation or structure permanently attached to the sea-bed for the purpose of exploration or exploitation of resources or for other economic purposes. "'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)). "'territorial sea of the United States' means all waters extending seaward to 12 nautical miles from the baseline of the United States determined in accordance with international law. "'United States' when used in a geographical sense, includes the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands and all territories and possessions of the United States. " (b) TECHNICAL AMENDMENT.--The chapter analysis for chapter 111 of title 18, United States Code, is amended by adding at the end the following new items: '2280. Violence against maritime navigation. '2281. Violence against maritime flu~ed platforms." (c) EFFECTIVE DATES.--This section and the amendments mad.e by this section shall take effect on the later of-- (1) the date of the enactment of this Act, or (2)(A) in the case of section 2280 of title 18, United States Code, the date the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation has come into force and the United States has become a party to that Convention; and (B) in the case of section 2281 of title 18, United States Code, the date the Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf has come into force and the United States has become a party to that Protocol. SEC. 60020. TORTURE. Section 2340A(a) of title 18, United States Code, is amended by inserting "punished by death or" before "imprisoned for any term of years or for life. ". SEC. 60021. VIOLENCE AT AIRPORTS SERVING INTERNATIONAL CIVIL AVIATION. (a) OFFENSE.--Chapter 2 of title 18, United States Code, as amended by section 60008(b), is amended by adding at the end the following new section: "37. Violence at international airports '(a) OFFENSE.--A person who unlawfully and intentionally, using any device, substance, or weapon-- 215 "(1) performs an act of violence against a person at an air port serving international civil aviation that causes or ~s likely to cause serious bodily injury (as defined in section 1365 of this title) or death; or "(2) destroys or seriously damages the facilities of an air port serving international civil aviation or a civil aircraft not in service located thereon or disrupts the services of the airport, if such an act endangers or is likely to endanger safety at that airport, or attempts to do such an act, shall be fined under this title, imprisoned not more than 20 years, or both; and if the death of any person results from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for l~fe. "(b) JuRIsDIcTIoN.--There is jurisdiction over the prohibited activity in subsection (a) if-- "(1) the prohibited activity takes place in the United States; States and the offender is later found in the United States. "(c) It is a bar to Federal persecution under subsection (a) for conduct that occurred within the United States that the conduct in- volved was during or in relation to a labor dispute, and such conduct is prohibited as a felony under the law of the State in which it was committed. For purposes of this section, the term 'labor dispute' has the meaning set forth in section 2(c) of the NorrisLaGuardia Act, as amended (29 U.S.C. 113(c)). (b) TECHNICAL AMENDMENT.--The chapter analysis for chapter 2 of title 18, United States Code, as amended by section 60008(c), is amended by adding at the end the following new item: "37. Violence at international airports.". ------------------------------ Cut here ------------------------------ Part 10/16, total size 65504 bytes: ------------------------------ Cut here ------------------------------ (c) EFFECTIVE DATE.--The amendment made by subsection (a) shall take effect on the later of-- (1) the date of enactment of this Act; or (2) the date on which the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, done at Montreal on 23 September 1971, has come into force and the United States has become a party to the Protocol. SEC. 60022. TERRORIST DEATH PENALTY ACT. Section 2332(a)(1) of title 18, United States Code is amended to read as follows: "(1) if the killing is murder (as defined in section 1111(a)), be fined under this title, punished by death or imprisonment for any term of years or for life, or both;". SEC. 60023. WEAPONS OF MASS DESTRUCTION. (a) OFFENSE.--Chapter 113A of title 18, United States Code, is amended by inserting after section 2332 the following new section: "2332a. Use of weapons of mass destruction (a) OFFENSE.--A person who uses, or attempts or conspires to use, a weapon of mass destruction-- "(1) against a national of the United States while such national is outside of the United States; "(2) the prohibited actiuity takes place outside the United 216 "(2) against any person within the United States; or "(3) against any property that is owned, leased or used by the United States or ~ any department or agency of the United States, whether the property is within or outside of the United States, shall be imprisoned for any term of years or for life, and if death results, shall be punished b:y death or imprisoned for any term of years or for l~fe (b) DEFINITIONS.--For purposes of this section-- "(1) the term 'natiOnal of the United States' has the meaning given in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1l01(a)(22)); and "(2) the term 'weapon of mass destruction' means-- "(A) any destructive device as defined in section 921 of this title; "(B) poison gas; "(C) any weapOn involving a disease organism; or "(D) any weapon that is designed to release radiation or radioactivity at a level dangerous to human life.". (b) TECHNICAL AMENDMENT--The chapter analysis for chapter 113A of title 18, United States Code, is amended by inserting after the item relating to section 2332 the following: "2332a. USE OF WEAPONS OF MASS DESTRUCTION SEC. 60024. ENHANCED PENALTIES FOR ALIEN SMUGGLING. Section 274(a) of the Immigration and Nationality Act (8 U.S.C. 1324(a)) is amended-- (1) in paragraph (1)-- (A) by striking (1) Any person" and inserting "(1)(A) Any person" (B) by striking.~ "(A) knowing" and inserting~ "(i) knowing"; (C) by striking~ "(B) knowing" and inserting~ "(ii) knowing"; (D) by striking "(C) knowing~ and inserting "(iii) knowing"; (E) by striking "(D) encourages" and inserting "(iv) encourages"; (F) by striking "shall be fined in accordance with title 18, or imprisoned not more than five years, or both, for each alien in respect to whom any violation of this para- graph occurs" and inserting "shall be punished as provided in subparagraph (B); and (G) by adding at the end the following new subparagraph: "(B) A person who violates subparagraph (A) shall, for each alien in respect to whom such a violation occurs-- "(i) in the case of a violation of subparagraph (A)(i), be fined under title 18, United States Code, imprisoned not more than 10 years, or both "(ii) in the case of a violation of subparagraph (A) (ii), (iii) or (iv), be fined under title 18, United States Code, imprisoned not more than 5 years, or both; "(iii) in the case of a violation of subparagraph (A) (i), (ii), (iii), or (iv) during and in relation to which the person causes 217 serious bodily injury (as defined in section 1365 of title 18, United States Code) to, or places in jeopardy the life of, any per- son, be fined under title 18, United States Code, imprisoned not more than 20 years, or both; and "(iv) in the case of a violation of subparagraph (A) (i), (ii), (iii), or (iv) resulting in the death of any person, be punished by death or imprisoned for any term of years or for life, fined under title 18, United States Code, or both."; and (2) in paragraph (2) by striking "or imprisoned not more than five years, or both" and inserting "or in the case of a viola- tion of subparagraph (B)(ii), imprisoned not more than 10 years, or both; or in the case of a violation of subparagraph (B)(i) or (B)(iii), imprisoned not more than 5 years, or both.". SEC. 60025. PROTECTION OF JURORS AND WITNESSES IN CAPITAL CASES. Section 3432 of title 18, United States Code, is amended by inserting before the period the following: ", except that such list of the veniremen and witnesses need not be furnished if the court finds by a preponderance of the evidence that providing the list may jeopardize the life or safety of any person". SEC. 60026. APPOINTMENT OF COUNSEL. Section 3005 of title 18, United States Code, is amended by striking "learned in the law" and all that follows through "He shall" and inserting "; and the court before which the defendant is to be tried, or a judge thereof, shall promptly, upon the defendant's request, assign 2 such counsel, of whom at least 1 shall be learned in the law applicable to capital cases, and who shall have free access to the accused at all reasonable hours. In assigning counsel under this section, the court shall consider the recommendation of the Federal Public Defender organization, or, if no such organization exists in the district, of the Administrative Office of the United States Courts. The defendant shall". TITLE VII--MANDATORY LIFE IMPRISONMENT FOR PERSONS CONVICTED of CERTAIN FELONIES SEC. 70001. MANDATORY LIFE IMPRISONMENT FOR PERSONS CONVICTED OF CERTAIN FELONIES. Section 3559 of title 18, United States Code, is amended-- (1) in subsection (b), by striking "An" and inserting "Except as provided in subsection (c), an" in lieu thereof, and (2) by adding the following new subsection at the end: (C) IMPRISONMENT OF CERTAIN VIOLENT FELONS.-- (1) MANDATORY LIFE IMPRISONMENT.--Notwithstanding any other provision of law, a person who is convicted in a court of the United States of a serious violent felony shall be sentenced to life imprisonment if-- "(A) the person has been convicted (and those convic- tions have become final) on separate prior occasions in a court of the United States or of a State of-- "(i) 2 or more serious violent felonies; or 218 "(ii) one or more serious violent felonies and one or more serious drug offenses; and "(B) each serious violent felony or serious drug offense used as a basis for sentencing under this subsection, other than the first, was committed after the defendant's conviction of the preceding serious violent felony or serious drug offense. "(2) DEFINITIONS.--For purposes of this subsection-- "(A) the term 'assault with intent to commit rape' means an offense that has as its elements engaging in physical contact by which a person intentionally places another person in fear of aggravated sexual abuse or sexual abuse (as described in sections 2241 and 2242) "(B) the term 'arson' means an offense that has as its elements maliciously damaging or destroying any building, inhabited structure, vehicle, vessel, or real property by means of fire or an explosive; "(C) the term 'extortion' means an offense that has as its elements the extraction of anything of value from another person by threatening or placing that person in fear of injury to any person or kidnapping of any person; "(D) the term 'firearms use' means an offense that has as its elements those described in section 924(c) or 929(a) ff the firearm was brandished, discharged, or otherwise used as a weapon and the crime of violence or drug trafficking crime during and relation to which the firearm was used was subject to prosecution in a court of the United States or a court of a State, or both; "(E) the term 'kidnapping' means an offense that has as its elements the abduction, restraining, confining, or carrying away of another person by force or threat of force; (F) the term 'serious violent felony' means-- "(i) a Federal or State offense, by whatever designation and wherever committed, consisting of murder (as described in section 1111); manslaughter other than involuntary manslaughter (as described in section 1112); assault with intent to commit murder (as described in section 113(a)); assault with intent to commit rape; aggravated sexual abuse and sexual abuse (as described in sections 2241 and 2242); abusive sexual contact (as described in sections 2244 (a)(V and (a)(2)); kidnapping; aircraft piracy (as described in section 46502 of Title 49); robbery (as described in section 2111, 2113, or 2118); carjacking (as described in section 2119); extortion; arson, firearms use; or attempt, conspiracy, or solicitation to commit any of the above offenses; and "(ii) any other offense punishable by a maximum term of imprisonment of 10 years or more that has as an element the use, attempted use, or threatened use of physical force against the person of another or that, by its nature, involves a substantial risk that physical force against the person of another may be used in the course of committing the offense; 219 "(G) the term 'State' means a State of the United States, the District of Columbia, and a commonwealth, territory, or possession of the United States; and "(H) the term 'serious drug offense' means-- "(i) an offense that is punishable under section 401(b)(1)(A) or 408 of the Controlled Substances Act (21 U.S.C. 841(b)(1)(A), 848) or section 1010(b)(1)(A) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)(1)(A)); or "(ii) an offense under State law that, had the offense been prosecuted in a court of the United States, would have been punishable under section 401(b)(1)(A) or 408 of the Controlled Substances Act (21 U.S.C. 841(b)(1)(A), 848) or section 1010(b)(1)(A) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)(1)(A)). "(3) NONQUALIFYING FELONIES.-- "(A) ROBBERY IN CERTAIN CASES.--Robbery, an attempt, conspiracy, or solicitation to commit robbery; or an offense described in paragraph (2)(F)(ii) shall not serve as a basis for sentencing under this subsection if the defendant establishes by clear and convincing evidence that-- "(i) no firearm or other dangerous weapon was used in the offense and no threat of use of a firearm or other dangerous weapon was involved in the offense; and "(ii) the offense did not result in death or serious bodily injury (as defined in section 1365) to any person. '(B) ARSON IN certain CASES.--Arson shall not serve as a basis for sentencing under this subsection if the defendant establishes by clear and convincing evidence that-- "(i) the offense posed no threat to human life; and "(ii) the defendant reasonably believed the offense posed no threat to human life. "(4) INFORMATION FILED BY UNITED STATES ATTORNEY.-- The provisions of section 411(a) of the Controlled Substances Act (21 U.S.C. 851(a)) shall apply to the imposition of sentence under this subsection. "(5) RULE OF CONSTRUCTION.--This subsection shall not be construed to preclude imposition of the death penalty. (6) SPECIAL PROVISION FOR INDIAN COUNTRY.--No person subject to the criminal jurisdiction of an Indian tribal government shall be subject to this subsection for any offense for which Federal jurisdiction is solely predicated on Indian country (as defined in section 1151) and which occurs within the boundaries of such Indian country unless the governing body of the tribe has elected that this subsection have effect over land and persons subject to the criminal jurisdiction of the tribe. (7) RESENTENCING UPON OVERTURNING OF PRIOR CONVICTION.--If the conviction for a serious violent felony or serious drug offense that was a basis for sentencing under this subsection is found, pursuant to any appropriate State or Federal procedure, to be unconstitutional or is vitiated on the explicit 220 basis of innocence, or if the convicted person is pardoned on the explicit basis of innocence, the person serving a sentence imposed under this subsection shall be resentenced to any sentence that was available at the time of the original sentencing". SEC. 70002. LIMITED GRANT OF AUTHOR~ TO BUREAU OF PRISONS. Section 3582(c)(V(A) of title 18, United States Code, is amended-- (1) so that the margin of the matter starting with "extraordinary" and ending with "reduction" the first place it appears is indented an additional two ems; (2) by inserting a one-em dash after "that" the second place it appears; (3) by inserting a semicolon after "reduction" the first place it appears; (4) by indenting the first line of the matter referred to in paragraph (1) and designating that matter as clause (i), and (5) by inserting after such matter the following: "(ii) the defendant is at least 70 years of age, has served at least 30 years in prison, pursuant to a sentence imposed under section 3559(c), for the offense or offenses for which the defendant is currently imprisoned, and a determination has been made by the Director of the Bureau of Prisons that the defendant is not a danger to the safety of any other person or the community, as provided under section 3142(g);". TITLE VIII--APPLICABILITY OF MANDATORY MINIMUM PENALTIES IN CERTAIN CASE.~ SEC. 80001. LIMITATION ON APPLICABILITY OF MANDATORY MINIMUM PENALTIES IN Certain CASES. (a) IN GENERAL.--Section 3553 of title 18, United States Code, is amended by adding at the end the following new subsection: ff) LIMITATION ON APPLICABILITY OF STATUTORY MINIMUMS IN CERTAIN CASES.--Notwithstanding any other provision of law, in the case of an offense under section 401, 404, or 406 of the Controlled Substances Act (21 U.S.C. 841, 844, 846) or section 1010 or 1013 of the Controlled Substances Import and Export Act (21 U.S.C. 961, 963), the court shall impose a sentence pursuant to guidelines promulgated by the United States Sentencing Commission under section 994 of title 28 without regard to any statutory minimum sentence, if the court finds at sentencing that-- "(1) the defendant does not have more than 1 criminal history point, as determined under the sentencing guidelines; "(2) the defendant did not use violence or credible threats of violence or possess a firearm or other dangerous weapon (or induce another participant to do so) in connection with the offense; "(3) the offense did not result in death or serious bodily injury to any person; 221 "(4) the defendant was not an organizer, leader, manager, or supervisor of others in the offense, as determined under the sentencing guidelines; and "(5) not later than the time of the sentencing hearing, the defendant has provided to the Government all information the defendant has concerning the offense or offenses that were part of the same course of conduct or of a common scheme or plan, but the fact that the defendant has no relevant or useful other information to provide or that the Government is already aware of the information shall not preclude a determination by the court that the defendant has complied with this requirement, and a defendant sentenced before this subsection takes effect shall be deemed to have satisfied the requirement of this para- graph if such defendant-- "(A) received an adjustment under the sentencing guidelines for acceptance of responsibility; "(B) received a sentence below the applicable guideline range for having provided substantial assistance in the investigation or prosecution of another person who has committed an offense; or "(C) provides to the Government, after moving for resentencing and before determination of that motion, all information that the defendant has concerning the offense or offenses that were part of the same course of conduct or of a common scheme or plan. (b) SENTENCING COMMISSION AUTHORITY.-- (1) IN GENERAL.~A) The United States Sentencing Commission (referred to in this subsection as the "Commission"), under section 994(a)(1) and (p) of title 28-- (i) shall promulgate guidelines, or amendments to guidelines, to carry out the purposes of this section and the amendment made by this section; and (ii) may promulgate policy statements, or amendments to policy statements, to assist in the application of this section and that amendment. (B) In the case of a defendant for whom the statutorily required minimum sentence is 5 years, such guidelines and amendments to guidelines issued under subparagraph (A) shall call for a guideline range in which the lowest term of imprisonment is at least 24 months. (2) PROCEDURES.--If the Commission determines that it is necessary to do so in order that the amendments made under paragraph (1) may take effect on the effective date of the amendment made by subsection (a), the Commission may promulgate the amendments made under paragraph (1) in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987, as though the authority under that section had not expired. (C) EFFECTIVE DATE AND APPLICATION.--The amendment made by subsection (a) shall apply to all sentences imposed on or after the 10th day beginning after the date of enactment of this Act. SEC 80002. Special RULE. (a) OFFENSES SUBJECT TO SENTENCING GUIDELINES.--For the purpose of section 3582(c)(2) of title 18, United States Code, with re 222 spect to a prisoner who, as determined by the court, has demonstrated good behavior while in prison, the changes in sentencing made as a result of this title shall be deemed to be changes in the sentencing ranges by the United States Sentencing Commission pursuant to section 994(o) of title 28, United States Code. (b! OFFENSES NOT SUBJECT TO SENTENCING GUIDELINES._ Notwithstanding any other provision of law, a defendant serving a term of imprisonment who- - (1) was convicted of an offense that occurred prior to November 1, 1987, or was sentenced as if the offense had occurred before such date; (2) meets the criteria set forth in section 3553(f) of title 18, United States Code; and (3) has demonstrated good behavior while in prison, shall be eligible for release consideration under the provisions of chapter 311 of title 18, United States Code (as such provisions remain applicable to an individual who committed an offense prior to November 1, 1987). Such a release determination shall be made pursuant to the guidelines and policy statements issued by the United States sentencing Commission. TITLE IX--DRUG CONTROL Subtitle A--Enhanced Penalties and General Provisions SEC.90101. ENHANCEMENT OF PENALTIES FOR DRUG TRAFFICKING IN PRISON Section 1791 of title 18, United States Code, is amended-- (1) in subsection (c), by inserting before "Any" the following new sentence: "Any punishment imposed under subsection (b) for a violation of this section involving a controlled substance shall be consecutive to any other sentence imposed by any court for an offense involving such a controlled substance." (2) in subsection (d)(V(A), by inserting after "a firearm or destructive device" the following: "or a controlled substance in schedule I or II, other than marijuana or a controlled substance referred to in subparagraph (C) of this subsection"; (3) in subsection (d)(V(B), by inserting before "ammunition, the following: "marijuana or a controlled substance in schedule III, other than a controlled substance referred to in subparagraph (C) of this subsection,"; (4) in subsection (d)(V(C), by inserting "methamphetamine, its salts, isomers, and salts of its isomers," after "a narcotic rug,; (5) in subsection (d)(V(D), by inserting "(A), (B), or" before (6) in subsection (b), by striking "(c)" each place it appears and inserting "(d)". 223 SEC 90102. INCREASED PENALTIES FOR DRUG DEALING IN "DRUG FREE" ZONES. Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall am~nd its sentencing guidelines to provide an appropriate enhancement for a defendant convicted of violating section 419 of the Controlled Sub- stances Act (21 U.S.C. 860). S~C 90103. ENHANCED PENALTIES FOR ILLEGAL DRUG USE IN FEDERAL PRISONS AND FOR SMUGGLING DRUGS INTO FEDERAL PRISONS. (a) DECLARATION OF POLICY.--It is the policy of the Federal Government that the use or distribution of illegal drugs in the Nation's Federal prisons will not be tolerated and that such crimes shall be prosecuted to the fullest extent of the law. (b) SENTENCING GUIDELINES.--Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall amend its sentencing guidelines to appropriately enhance the penalty for a person convicted of an offense-- (1) under section 404 of the Controlled Substances Act involving simple possession of a controlled substance within a Federal prison or other Federal detention facility; or (2) under section 401(b) of the Controlled Substances Act involving the smuggling of a controlled substance into a Federal prison or other Federal detention facility or the distribution or intended distribution of a controlled substance within a Federal prison or other Federal detention facility. (c) No PROBATION.--Notwithstanding any other law, the court shall not sentence a person convicted of an offense described in subsection (b) to probation. SEC. 90104. CLARIFICATION OF NARCOTIC OR OTHER DANGEROUS DRUGS UNDER RICO. Section 1961(1) of title 18, United States Code, is amended by striking "narcotic or other dangerous drugs" each place it appears and inserting "a controlled substance or listed chemical (as defined in section 102 of the Controlled Substances Act)". SEC. 90105. CONFORMING AMENDMENTS TO RECIDIVIST PENALTY PROVISIONS OF THE CONTROLLED SUBSTANCES ACT AND THE CONTROLLED SUBSTANCES IMPORT AND EXPORT ACT. (a) Sections 401(b)(1) (B), (C), and (D) of the Controlled Substances Act (21 U.S.C. 841(b)(1) (B), (C), and (D)) and sections 1010(b) (V, (2), and (3) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b) (1), (2), and (3)) are each amended in the sentence or sentences beginning "If any person commits" by striking "one or more prior convictions" through "have become final" and inserting "a prior conviction for a felony drug offense has become final". (b) Section 1012(b) of the Controlled Substances Import and Export Act (21 U.S.C. 962(b)) is amended by striking "one or more prior convictions of him for a felony under any provision of this title or title II or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant drugs, have become final" and inserting "one or more 224 prior convictions of such person for a felony drug offense have become final. (c) Section 401(b)(1)(A) of the Controlled Substances Act (21 U S C 841(b)(1)(A)) is amended by striking the sentence beginning: For purposes of this subparagraph, the term 'felony drug offense' means". (d) Section 102 of the Controlled Substances Act (21 U.S.C. 802) is amended by adding at the end the following new paragraph ~(43) The term 'felony drug offense' means an offense that is punishable by imprisonment for more than one year under any law of the United States or of a State or foreign country that prohibits or restrict its conduct relating to narcotic drugs, marihuana, or de- pressant or stimulant substances.". SEC. 90106-- Advertising. Section 403 of the Controlled Substances Act (21 U.S.C. 843) is amended (--1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively and (--2) by inserting after subsection (b) the following new subsection: "(c) It shall be unlawful for any person to place in any newspaper magazine, handbill, or other publications, any written advertisement ,knowing that it has the purpose of seeking or offering illegally to receive, buy, or distribute a Schedule I controlled substance As used in this section the term 'advertisement' includes, in addition to its ordinary meaning, such advertisements as those for a catalog of Schedule I controlled substances and any similar written advertisement ~,that has the purpose of seeking or offering illegally to receive buy-', or distribute a Schedule I controlled substance. The term 'advertisement~ does not include material which merely advocates the use of ~a similar material, which advocates a position or practice and does not attempt to propose or facilitate an actual transaction in a Schedule I controlled substance.". SEC 90107--VIOLENT CRIME AND DRUG EMERGENCY AREAS. (a) DEFINITIONs.--In this section-- "major violent crime or drug-related emergency" means an Occasion or instance in which violent crime, drug smuggling, drug trafficking, or drug abuse violence reaches such levels, as determined by the President, that Federal assistance is needed to supplement State and local efforts and capabilities to save lives, and to protect property and public health and safety. ~_State" 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. (b) DECLARATION OF VIOLENT CRIME AND DRUG EMERGENCY AREAS of a major violent crime or drug-related emergency exists throughout a State or a part of a State, the President may declare the State or part of a State to be a violent crime or drug emergency area and may take appropriate actions authorized by this section (C) PrOCEDURE. (I) IN GENERAL.--A request for a declaration designating an area to be a violent crime or drug emergency area shall be made in writing, by the chief executive officer of a State or 225 local government, respectively (or in the case of the District of Columbia, the mayor), and shall be forwarded to the Attorney General in such form as the Attorney General may by regulation require. One or more cities, counties, States, or the District of Columbia may submit a joint request for designation as a major violent crime or drug emergency area under this subsection. (2) FINDING.--A request made under paragraph (1) shall be based on a written finding that the major violent crime or drug related emergency is of such severity and magnitude that Federal assistance is necessary to ensure an effective response to save lives and to protect property and public health and safety. (d) IRRELEVANCY OF POPULATION DENSITY.-- The President shall not limit declarations made under this section to highly populated centers of violent crime or drug trafficking, drug smuggling, or drug use, but shall also consider applications from governments of less t populated areas where the magnitude and severity of such activities is beyond the capability of the State or local government to respond. (e) REQuIREMENTs.--As part of a request for a declaration under this section, and as a prerequisite to Federal violent crime or drug emergency assistance under this section, the chief executive officer of a State or local government shall-- (1) take appropriate action under State or local law and furnish information on the nature and amount of State and local resources that have been or will be committed to alleviating the major violent crime- or drug-related emergency; (2) submit a detailed plan outlining that government's short- and long-term plans to respond to the violent crime or drug emergency, specifying the types and levels of Federal assistance requested and including explicit goals (including quantitative goals) and timetables; and (3) specify how Federal assistance provided under this section is intended to achieve those goals. (f) REVIEW PERIOD.--The Attorney General shall review a request submitted pursuant to this section, and the President shall decide whether to declare a violent crime or drug emergency area, within 30 days after receiving the request. (g) FEDERAL ASSISTANCE.--The President may-- (1) direct any Federal agency, with or without reimbursement, to utilize its authorities and the resources granted to it under Federal law (including personnel, equipment, supplies, facilities, financial assistance, and managerial, technical, and advisory services) in support of State and local assistance efforts- and (2) provide technical and advisory assistance, including communications support and law enforcement-related intelligence information. (h) DURATION OF FEDERAL ASSISTANCE.-- (1) IN GENERAL.--Federal assistance under this section shall not be provided to a violent crime or drug emergency area for more than 1 year. (2) EXTENSION.--The chief executive officer of a jurisdiction may apply to the President for an extension of assistance be- 226 yond 1 year. The President may extend the provision of Federal assistance for not more than an additional 180 days (z) REGULATIONS.--Not later than 120 days after the date of enactment of this Act, the Attorney General shall issue regulations to implement this section. (j) No EFFECT ON EXISTING AUTHORITY.--Nothing in this section shall diminish or detract from existing authority possessed by the President or Attorney General. Subtitle B--NATIONAL NARCOTICS LEADERSHIP ACT AMENDMENTS SEC. 90201. IMPLEMENTATION OF NATIONAL DRUG CONTROL STRATEGY (a) PROGRAM BUDGET.--Section 1003(c) of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1502(c)) is amended-- (1) by redesignating paragraphs (5), (6), and (7), as paragraphs (6), (7), and (8), respectively; and (2) by inserting after paragraph (4) the following new para "(5) The Director shall request the head of a department or agency to include in the department's or agency's budget submission to the Office of Management and Budget funding requests for specific initiatives that are consistent with the President's priorities for the National Drug Control Strategy and certifications made pursuant to paragraph (3), and the head of the department or agency shall comply with such a request." (b) BUDGET RECOMMENDATION.--Section 1003(b) of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1502(b)) is (1) by striking "and " at the end of paragraph (6) (2) by striking the period at the end of paragraph (7) and (3) by adding at the end the following new paragraph: (8) provide, by July 1 of each year, budget recommendations to the heads of departments and agencies with responsibilities under the National Drug Control Program, which recommendations shall apply to the second following fiscal year and address funding priorities developed in the annual National Drug Control Strategy." (c) CONTROL OF Drug-RELATED RESOURCES.--Section 1003 of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1502) is (1) in subsection (d)-- (A) by amending paragraph (2) to read as follows: "(2) request the head of a department or agency or program to place department, agency, or program personnel who are engaged in drug control activities on temporary detail to another department or agency in order to implement the National Drug Control Strategy, and the head of the department or agency shall comply with such a request; (B) by striking "and " at the end of paragraph (6); 227 (C) by striking the period at the end of paragraph (7) and inserting a semicolon; and (D) by adding after paragraph (7) the following new paragraphs: "(8) except to the extent that the Director's authority under this paragraph is limited in an annual appropriations Act, transfer funds appropriated to a National Drug Control Pro- gram agency account to a different National Drug Control Pro- gram agency account in an amount that does not exceed 2 per- cent of the amount appropriated to either account, upon ad- vance approval of the Committees on Appropriations of each House of Congress; and "(9) in order to ensure compliance with the National Drug Control Program, issue to the head of a National Drug Control Program agency a funds control notice described in subsection (1)"; and (2) by adding at the end the following new subsections: "(f) FUNDS CONTROL NOTICES.~V A funds control notice may direct that all or part of an amount appropriated to the National Drug Control Program agency account be obligated by-- "(A) months, fiscal year quarters, or other time periods; and "(B) activities, functions, projects, or object classes. "(2) An officer or employee of a National Drug Control Program agency shall not make or authorize an expenditure or obligation contrary to a funds control notice issued by the Director. "(3) In the case of a violation of paragraph (2) by an officer or employee of a National Drug Control Program agency, the head of the agency, upon the request of and in consultation with the Director, may subject the officer or employee to appropriate administrative discipline, including, when circumstances warrant, suspension from duty without pay or removal from office.". (d) CERTIFICATION OF ADEQUACY OF BUDGET REQuEsT.--Section 1003(c)(3)(B) of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1502(c)(3)(B)) is amended-- (1) by inserting "in whole or in part" after adequacy of such request"; and (2) by striking the semicolon at the end and inserting "and, with respect to a request that is not certified as adequate to implement the objectives of the National Drug Control Strategy, include in the certification an initiative or funding level that would make the request adequate;". SEC. 90202. OFFICE PERSONNEL RESTRICTION. Section 1003 of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1502) is amended by adding at the end the following new subsection: (f) PROHIBITION ON POLITICAL CAMPAIGNING.--A Federal officer in the Office of National Drug Control Policy who is appointed by the President, by and with the advice and consent of the Senate, may not participate in Federal election campaign activities, except that such an official is not prohibited by this subsection from making contributions to individual candidates.". 228 SEC 90203. NATIONAL DRUG CONTROL STRATEGY OUTCOME MEASURES. Section 1005(a) of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1504(a)) is amended-- (1) in paragraph (2)(A) by inserting "and the consequences of drug abuse" after "drug abuse"; and (2) by amending paragraph (4) to read as follows: "(4) The Director shall include with each National Drug Control Strategy an evaluation of the effectiveness of Federal drug control during the preceding year. The evaluation shall include an assessment of Federal drug control efforts, including-- "(A) assessment of the reduction of drug use, including estimates of drug prevalence and frequency of use as measured by national, State, and local surveys of illicit drug use and by other special studies of-- "(i) high-risk populations, including school dropouts, the homeless and transient, arrestees, parolees, and probationers, and juvenile delinquents; and "(ii) drug use in the workplace and the productivity lost by such use; "(B) assessment of the reduction of drug availability, as measured by-- "(i) the quantities of cocaine, heroin, and marijuana available for consumption in the United States; "(ii) the amount of cocaine and heroin entering the United States; "(iii) the number of hectares of poppy and coca cultivated and destroyed; "(iv) the number of metric tons of heroin and cocaine seized; "(v) the number of cocaine processing labs destroyed; "(vi) changes in the price and purity of heroin and cocaine; "(vii) the amount and type of controlled substances diverted from legitimate retail and wholesale sources; and "(viii) the effectiveness of Federal technology programs at improving drug detection capabilities at United States ports of entry; "(C) assessment of the reduction of the consequences of drug use and availability, which shall include estimation L ~ _ L ~ "(i) burdens drug users placed on hospital emergency rooms in the United States, such as the quantity of drug-related services provided; "(ii) the annual national health care costs of drug use, including costs associated with people becoming infected with the human immunodeficiency virus and other communicable diseases as a result of drug use; "(iii) the extent of drug-related crime and criminal activity; and 229 "(iv) the contribution of drugs to the underground economy, as measured by the retail value of drugs sold in the United States; and "(D) determination of the status of drug treatment in the United States, by assessing-- "(i) public and private treatment capacity within each State, including information on the number of treatment slots available in relation to the number actually used, including data on intravenous drug users and pregnant women; "(ii) the extent, within each State, to which treatment is available, on demand, to intravenous drug users and pregnant women; "(iii) the number of drug users the Director estimates could benefit from treatment; and "(iu) the success of drug treatment programs, including an assessment of the effectiveness of the mechanisms in place federally, and within each State, to determine the relatiue quality of substance abuse treat- ment programs, the qualifications of treatment personnel, and the mechanism by which patients are admitted to the most appropriate and cost effective treatment setting. "(5) The Director shall include with the National Drug Control Strategy required to be submitted not later than February 1, 1995, and with euery second such strategy submitted thereafter-- "(A) an assessment of the quality of current drug use measurement instruments and techniques to measure supply reduction and demand reduction activities; "(B) an assessment of the adequacy of the couerage of existing national drug use measurement instruments and techniques to measure the casual drug user population and groups at-risk for drug use; "(C) an assessment of the actions the Director shall take to correct any deficiencies and limitations identified pursuant to subparagraphs (A) and (B); and "(D) identification of the specific factors that restrict the auailability of treatment services to those seeking it and proposed administratiue or legislative remedies to make treatment available to those individuals. "(6) Federal agencies responsible for the collection or estimation of drug-related information required by the Director shall cooperate with the Director, to the fullest extent possible, to enable the Director to satisfy the requirements of sections 4 and 5. "(7) With each National Drug Control Strategy, the Director shall report to the President and the Congress on the Director's assessment of drug use and auailability in the United States, including an estimate of the effectiveness of interdiction, treatment, preuention, law enforcement, and international programs under the National Drug Control Strategy in effect in the preceding year in reducing drug use and auailability.". 230 SEC.90204. COUNTER-DRUG TECHNOLOGY AssEssMENT CENTE~ (a) DRUG ABUSE ADDICTION AND RENABILITATION CENTER.-- Section 1003A of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1502a(c)(1)) is amended-- (1) by redesignating subparagraphs (B), (C), and ~D) as subparagraphs (C), (D), and (E), respectiuely; and (2) by inserting after subparagraph (A) the following: "(B) in consultation with the National Institute on Drug Abuse, and through interagency agreements or grants, examine addiction and rehabilitation research and the application of technology to expanding the effectiveness or auailability of drug treatment;". (b) ASSISTANCE FROM THE ADVANCED RESEARIn PROJECT AGENCY.--Section 1003A of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1502a) is arnended by adding at the end the following: "(19 ASSISTANCE AND SUPPORT TO OFFICE OF NATIONAL DRUG CONTROL POLICY.- -The Director of the Aduanced Research Project Agency shall, to the fullest extent possible, render assistance and support to the Office of National Drug Control Policy and its Direc (c) REPEAL AND REDESIGNATION.--The National NarcoticsLeadership Act of 1988 is amended by-- (1) repealing section 1008 (21 U.S.C. 1505), as in effect on the date of the enactment of this Act; (2) redesignating section 1003A, as amended by subsection (b) of this section, as section 1008; and (3) mouing such section, as redesignated, so as to follow section 1007. SEC.90205. SPECL~L FORFElTURE FU~D AMENDMENTS. (a) DEPOSITS INTO SPECIAL FORFEITURE FUND.--Section 6073 of the Asset Forfeiture Arnendments Act of 1988 (21 U.S.C. 1509) is amended to read as follows: "(b) DEPOSITS.--There shall be deposited into the Fund the amounts specified by section 524(c)(9) of title 28, United States Code, and section 9307(g) of title 31, United States Code, and any earnings on the investments authorized by subsection (d).". (b) TRANSFERS FROM DEPARTMENT OF JUSTICE ASSETS FORFEITURE FUND.-- Section 524(c)(9) of title 28, United States Code, is amended by amending subparagraphs (B), (C), and (D) to read as follows: "(B) Subject to subparagraphs (C) and (D), at the end of each of fiscal years 1994, 1995, 1996, and 1997, the Attorney General shall transfer from the Fund not more than $100,000,000 to the Special Forfeiture Fund established by section 6073 of the Anti-Drug Abuse Act of 1988. "(C) Transfers under subparagraph (B) may be made only from the excess unobligated balance and may not exceed one-half of the excess unobligated balance for any year. In addition, transfers under subparagraph (B) may be made only to the extent that the sum of the transfers in a fiscal year and one-half of the unobligated balance at the beginning of that fiscal year for the Special Forfeiture Fund does not exceed $100,000,000. 231 "(D) For the purpose of determining amounts available for distribution at year end for any fiscal year, 'excess unobligated balance' means the unobligated balance of the Fund generated by that fiscal year's operations, less any amounts that are required to be retained in the Fund to ensure the auailability of amounts in the subsequent fiscal year for purposes authorized under paragraph (V.". (c) TRANSFERS FROM DEPARTMENT OF THE TREASURY FORFEITURE FUND.-- Section 9703(g) of title 31, United States Code, is amended-- (1) in paragraph (3)-- (A) by amending subparagraph (A) to read as follows: "(A) Subject to subparagraphs (B) and (C), at the end of each of fiscal years 1994, 1995, 1996, and 1997, the Secretary shall transfer from the Fund not more than $100,000,000 to the Special Forfeiture Fund established by section 6073 of the Anti-Drug Abuse Act of 1988."; and (B) in subparagraph (B) by adding the following at the end: "Further, transfers under subparagraph (A) may not exceed one-half of the excess unobligated balance for a year. In addition, transfers under subparagraph (A) may be made only to the extent that the sum of the transfers in a fiscal year and one-half of the unobligated balance at the beginning of that fiscal year for the Special Forfeiture Fund does not exceed ~J;100,000,000."; and (2) in subparagraph (4)(A)-- (A) in clause (i) by striking a(i)~; and (B) by striking clause (ii). (d) SURPLUS FUNDS.--Section 6073 of the Asset Forfeiture Amendments Act of 1988 (21 U.S.C. 1509) is amended-- (1) by redesignating subsections (c), (d), (e), and (f), as sub- sections (d), (e), (f), and (g), respectiuely; and (2) by inserting after subsection (b) the following new sub section: (C) SUPER SURPLUS.~I) Any unobligated balance up toS20,000,000 remaining in the Fund on September 30 of a fiscal year shall be available to the Director, subject to paragraph (2), to transfer to, and for obligation and expenditure in connection with drug control actiuities of any Federal agency or State or local entity with responsibilities under the National Drug Control Strategy. "(2) A transfer may be made under paragraph (1) only with the aduance written approval of the Committees on Appropriations of each House of Congress.". SEC. 90206. AUTHORIZATION OF APPROPRL4TIONS. Section 1011 of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1508) is amended by striking "4" and inserting "8". SEC. 90207. ADEQUATE STAFFING OF THE OFFICE OF NATIONAL DRUG CONTROL POLICY. Section 1008(d)(1) of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1502(d)(1)) is amended by striking "such" and insertin~ "up to 75 and such additional". SEC. 9020~,'8. TER~I~N TION OF OFFIC~ OF A1'ATION~IL DRUG CONTROL (a) R-gEAuTHoRlzATloN.~ection 1009 of the ~ational Narcotics Leadersh~ip Act of 1988 (21 U.S.C. 1506) iS ~lr~lended by striking "the date which is 5 years after the date of theenactment of thiS subtitle" aand in~erting "September 30, 1997" (b) C~ONTINUED EFFEcTIvENEss---The Natixn~l Narcotics Lead ership AC t of 1988 (21 U.S.C. 1501 et seq-) shallbe considered not to have b.oeen repealed by operation of section loa9 of that ACt bUt shall remQain irl effect aS if the amendment made by subsection (a had been included in that ACt on the date of its er~ctment, TITL~E X--DRUN~ DRlVlNG PRovIsloNs SEC. 1000001. SHORT TITLE. ThiS title rlay be cited aS the "Drunk Drivin~ Child Protection Act of 19~4". SEC. looo~D2 STArE LAWS App~lED ll~r AREAS OF P~DERAL ~rUR/SD/c. &ctiCDn 13(b) of title 18, United St,,ates Code, is amended-- (~1) by striking "For purposeS and inserti~g "(I) Subject to para~Fraph (2) and for purposes"; and (~) by adding at the end the following neWparagraph: "(2)(Ao In cddition to any term of imprisonrnent provided for operating a motOr vehicle under the influence of c drug or alcohol imposed ~nder the law of a state, temtory, pxSse~sionJ or district the punis~hmentfor such an offense ~nder thiS sect~On shall include an additi~onal term of imprisonment of not more tkan I year, or if serious b~dily injury of a minor is caused, not more than 5 yearS or if deat~~h of a minor is caused, not more than 10 yearS and an additiona~l fine of not more than $1,000, or both, if_ ' "(~(i) a rninor (other than the offender) was present in the motor~ vehicle when the offense waS committed; and "~fii) the law of the stateJ territxryJ pxSsession~ or district in WhichQ the offense occurred does not provide an additional term of imiprisonment under the cirCumstances described in clause (~). "(B) ~For the purposeS of subparagr,,aPh (A), the term 'minor' means a poerson less than 18 years of age. . SE,C. 10000.~3. DRIVING WHILE INTo~cATED PROSEClrTIoN PROGRAM Sectio~n 501(b) of the Omnibus Crime Control Qnd Safe Streets Act of 196.'8 (42 U.S.C, 3751) iS amended-- (Zg) by striking "and" at the end of paragraPh (20); (~) by striking the period at the end of parQgraph (21) and insert~ng; and"; and (38) by adding at the end the following neW paragraph. "( 22) programs for the proseCUtiOn of driving while intoxi cated charges and the enforcement of other laws relating to al- cohol . use and the op ration of motor uehicles. n TITLE XI--FIREARMS Subtitle A--Assault Weapon~ SEC. 110101. SHORT TITLE. This subtitle may be cited as the "Public Safety and Rec.~ reational Firearrns Use Protection Act" ~ SEC. 110102. RESTRICTION ON MANUFACTURE, TRANSFER, AND POS - SESSION OF CERTAIN SEMIAUTOMATIC ASSAULT Wl~AP - ONS. (a) RESTRICTION.--Section 922 of title 18, United States Code, i8 amended by adding at the end the following new subsection: "(v)(V It shall be unlawful for a person to manufacture, trans- fer, or poSSeSS a semiautomatic assault weapon. "(2) Paragraph (I) shall not apply to the possession or transfer of any semiautomatic assault weapon otherwise lawfully possessed under Federal law on the date of the enactment of this subsection. "(3) Paragraph (I) shall not apply to-- "(A) any of the firearms, or replicas or duplicates of the firearms, specified in Appendix A to this section, as such firearms were manufactured on October 1, 1993; "(B) any firearm that-- "(i) is manually operated by bolt, pump, leuer, or slide act~on; "(ii) has been rendered permanently inoperable; or "(iii) is an antique firearm; "(C) any semiautomatic rifle that cannot accept a detachable magazine that holds more than 5 rounds of ammunition; or "(D) any semiautomatic shotgun that cannot hold more than 5 rounds of ammunition in a fixed or detachable magazine. The fact that a firearm is not listed in Appendix A shall not be con- strued to mean that para~raph (I) applies to such firearm. No firearm exempted by this subsection may be deleted from Appendix A so long as this subsection is in effect. "(4) Paragraph (I) shall not apply to-- "(A) the manufacture for, transfer to, or possession by the United States or a department or agency of the United states or a State or a department, agency, or political subdivision of a State, or a transfer to or possession by a law enforcement ofificer employed by such an entity for purposes of law enforcement (whether on or offduty); "(B) the transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical protection system and secur~ty organ~zat~on required by Federal law, or possession by an employee or contractor of such licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials; "(C) the possession, by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving a firearm, of a semiautomatic assault 23~ SEC 90208. TERMINATION OF OFFICE OF NATIONAL DRUG CONTROL (a) REAUTHORIZATION.--Section 1009 of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1506) is amended by striking the date which is 5 years after the date of the enactment of this subtitle" and inserting "September 30, 1997". (b) CONTINUED EFFECTIVENESS.--The National Narcotics Lead ersh~p Act of 1988 (21 U.S.C. 1501 et seq.) shall be considered not to have been repealed by operation of section 1009 of that Act, bu~ shall rema~n in effect as if the amendment made by subsection (a~ had been included in that Act on the date of its enactment. TITLE X--DRUNK DRIVING PROVISIONS SEC.100001. SHORT TITLE. This title may be cited as the "Drunk Driving Child Protection Act" SEC 100002. STATE LAWS APPLIED IN AREAS OF FEDERAL JURISDICTION Section 13(b) of title 18, United States Code, is amended-- (1) by striking "For purposes" and inserting "(1) Subject to paragraph (2) and for purposes" and (2) by adding at the end the following new paragraph: "(2)(A) In add~t~on to any term of imprisonment provided for operating a motor vehicle under the influence of a drug or alcohol ~mposed under the law of a State, territory, possession, or district the punishment for such an offense under this section shall include an add~t~onal term of imprisonment of not more than 1 year, or if ser~ous bodily injury of a minor is caused, not more than 5 years or ~f death of a minor is caused, not more than 10 years, and an add~t~onal fine of not more than ~1,000, or both, if-- (i) a minor (other than the offender) was present in the motor veh~cle when the offense was committed; and (~) the law of the State, territory, possession, or district in which the offense occurred does not provide an additional term of ~mpr~sonment under the circumstances described in clause "(B) For the purposes of subparagraph (A), the term 'minor' means a person less than 18 years of age.". SEC 100003. DRIVING WHILE ~rToxIcATED PROSECUTION PROGRAA~ Section 501(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3751) is amended-- (1) by striking "and" at the end of paragraph (20) 2! by striking the period at the end of paragraph (21) and ~nsert~ng; and" and (3) by adding at the end the following new paragraph: (22) programs for the prosecution of driving while intoxi cated charges and the enforcement of other laws relating to alcohol use and the operation of motor vehicles.". 233 TITLE XI--FIREARMS Subtitle A--Assault Weapon~ SEC. 110101. SHORT TITLE. This subtitle may be cited as the "Public Safety and Recreational Firearms Use Protection Act" SEC. 110102. RESTRICTION ON MANUFACTURE, TRANSFER, AND POSSESSION OF CERTAIN SEMIAUTOMATIC ASSAULT WEAPONS. (a) RESTRICTION.--Section 922 of title 18, United States Code, is amended by adding at the end the following new subsection: "(u)(V It shall be unlawful for a person to manufacture, transfer, or possess a semiautomatic assault weapon. "(2) Paragraph (1) shall not apply to the possession or transfer of any semiautomatic assault weapon otherwise lawfully possessed under Federal law on the date of the enactment of this subsection. "(3) Paragraph (1) shall not apply to-- "(A) any of the firearms, or replicas or duplicates of the firearms, specified in Appendix A to this section, as such firearms were manufactured on October 1, 1993; "(B) any firearm that-- "(i) is manually operated by bolt, pump, lever, or slide action; "(ii) has been rendered permanently inoperable; or "(iii) is an antique firearm; "(C) any semiautomatic rifle that cannot accept a detachable magazine that holds more than 5 rounds of ammunition; or "(D) any semiautomatic shotgun that cannot hold more than 5 rounds of ammunition in a fixed or detachable magazine. The fact that a firearm is not listed in Appendix A shall not be con- strued to mean that paragraph (1) applies to such firearm. No firearm exempted by this subsection may be deleted from Appendix A so long as this subsection is in effect. "(4) Paragraph (1) shall not apply to-- "(A) the manufacture for, transfer to, or possession by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or a transfer to or possession by a law enforcement officer employed by such an entity for purposes of law enforcement (whether on or off duty); "(B) the transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials; "(C) the possession, by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving a firearm, of a semiautomatic assault 234 weapon transferred to the individual by the agency upon such retirement; or "(D) the manufacture, transfer, or possession of a semiautomatic assault weapon by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Secretary.". (b) DEFINITION OF SEMIAUTOMATIC ASSAULT WEAPON.--Section 921(a) of title 18, United States Code, is amended by adding at the end the following new paragraph: "(30) The term 'semiautomatic assault weapon' means-- "(A) any of the firearms, or copies or duplicates of the firearms in any caliber, known as-- "(i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikous (all models); "(ii) Action Arms Israeli Military Industries UZI and Galil; "(iii) Beretta Ar70 (SC-70); "(iv) Colt AR-15; "(v) Fabrique National FN/FAL, FN/LAR, and FNC; "(vi) SWD M-10, M-11, M-11/9, and M-12; "(vii) Steyr AUG; "(viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and "(ix) revolving cylinder shotguns, such as (or similar to) the Street Sweeper and Striker 12; "(B) a semiautomatic rifle that has an ability to accept a detachable magazine and has at least 2 of-- "(i) a folding or telescoping stock; "(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon; "(iii) a bayonet mount; "(iv) a flash suppressor or threaded barrel designed to accommodate a flash suppressor; and "(v) a grenade launcher; "(C) a semiautomatic pistol that has an ability to accept a detachable magazine and has at least 2 of-- "(i) an ammunition magazine that attaches to the pistol outside of the Pistol grip; "(ii) a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer; "(iii) a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned; "(iv) a manufactured weight of 50 ounces or more when the pistol is unloaded; and "(v) a semiautomatic version of an automatic firearm; and "(D) a semiautomatic shotgun that has at least 2 of-- "(i) a folding or telescoping stock; "(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon; "(iii) a fixed magazine capacity in excess of 5 rounds; and 235 "(iv) an ability to accept a detachable magazine. (c) PENALTIES.-- (1) VIOLATION OF SECTION 922(v) Section 924(a)(1)(B) of such title is amended by striking "or (q) of section 922" and inserting "(r), or (v) of section 922". (2) USE OR POSSESSION DURING CRIME OF VIOLENCE OR DRUG TRAFFICKING CRIME.--Section 924(c)(1) of such title is amended in the first sentence by inserting ", or semiautomatic assault weapon," after "short-barreled shotgun,". (d) IDENTIFICATION MARKINGS FOR SEMIAUTOMATIC ASSAULT WEAPONS.--Section 923(i) of such title is amended by adding at the end the following: "The serial number of any semiautomatic assault weapon manufactured after the date of the enactment of this sentence shall clearly show the date on which the weapon was manufactured.". SEC 110103. BAN OF LARGE CAPACITY AMMUNITION FEEDING DEVICES. (a) PROHIBITION.--Section 922 of title 18, United States Code, as amended by section 110102(a), is amended by adding at the end the following new subsection: "(w)(1) Except as provided in paragraph (2), it shall be unlawful for a person to transfer or possess a large capacity ammunition feeding device. "(2) Paragraph (1) shall not apply to the possession or transfer of any large capacity ammunition feeding device otherwise lawfully possessed on the date of the enactment of this subsection. "(3) This subsection shall not apply to-- "(A) the manufacture for, transfer to, or possession by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or a transfer to or possession by a law enforcement of officer employed by such an entity for purposes of law enforcement (whether on or off duty); "(B) the transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee on-site for such purposes or off-site for purposes of licensee authorized training or transportation of nuclear materials; "(C) the possession, by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving ammunition, of a large capacity ammunition feeding device transferred to the individual by the agency upon such retirement; or "(D) the manufacture, transfer, or possession of any large capacity ammunition feeding device by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Secretary." (b) DEFINITION OF LARGE CAPACITY AMMUNITION FEEDING DEVICE.--Section 921(a) of title 18, United States Code, as amended by section 110102(b), is amended by adding at the end the following new paragraph: "(31) The term 'large capacity ammunition feeding device'-- 236 "(A) means-- "(i) a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition; and "(ii) any combination of parts from which a device described in clause (i) can be assembled; but (B) does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition. ". (c) LARGE Capacity AMMUNITION FEEDING DEVICES TREATED AS FIREARMS.-- Section 921(a)(3) of title 18, United States Code, is amended in the first sentence by striking "or (D) any destructive device and inserting "(D) any destructive device; or (E) any large capacity ammunition feeding device.". (d) PENALTY.--Section 924(a)(1)(B) of title 18, United States Code, as amended by section 110102(c)(1), is amended by striking "or (v)" and inserting "(u), or (w)". (e) IDENTIFICATION MARKINGS FOR LARGE CAPACITY AMMUNITION FEEDING DEVICES.--Section 923(i) of title 18, United States Code, as amended by section 110102(d) of this Act, is amended b adding at the end the following: "A large capacity ammunition feeding device manufactured after the date of the enactment of this sentence shall be identified by a serial number that clearly shows that the device was manufactured or imported after the effective date of this subsection, and such other identification as the Secretary may by regulation prescribe.". SEC. 110104. STUDY BY ATTORNEY GENERAL (a) STUDY.--The Attorney General shall investigate and study the effect of this subtitle and the amendments made by this subtitle and in particular shall determine their impact, if any, on violent and drug trafficking crime. The study shall be conducted over a period of 18 months, commencing 12 months after the date of enactment of this Act. (b) REPORT.--Not later than 30 months after the date of enactment of this Act, the Attorney General shall prepare and submit to the Congress a report setting forth in detail the findings and determinations made in the study under subsection (a). SEC. 110105. EFFECTIVE DATE. This subtitle and the amendments made by this subtitle-- (1) shall take effect on the date of the enactment of this Act; and (2) are repealed effective as of the date that is 10 years after t at date. SEC. 110106. APPENDIX A TO SECTION 922 OF TITLE 18 Section 922 of title 18, United States Code, is amended by adding at the end the following appendix: "APPENDIX A Centerfire Rifles--Autoloaders Browning BAR Mark 11 Safari Semi-Auto Rifle Browning BAR Mark 11 Safari Magnum Rifle Browning High-Power Rifle Heckler ~ Koch Model 300 Rifle Iver Johnson M-1 Carbine Iver Johnson 50th Anniversary M-l Carbine Marlin Model 9 Camp Carbine Marlin Model 45 Carbine Remington Nylon 66 Auto-Loading Rifle Remington Model 7400 Auto Rifle Remington Model 7400 Rifle Remington Model 7400 Special Purpose Auto Rifle Ruger Mini-14 Autoloading Rifle ~w /o folding stock) Ruger Mini Thirty Rifle Centerfire Rifles--Lever & Slide Browning Model 81 BLR Lever-Action Rifle Browning Model 81 Long Action BLR Browning Model 1886 Lever-Action Carbine Browning Model 1886 High Grade Carbine Cimarron 1860 Henry Replica Cimarron 1866 Winchester Replicas Cimarron 1873 Short Rifle Cimarron 1873 Sporting Rifle Cimarron 1873 30" Express Rifle Dixie Engraved 1873 Rifle E.M.F. 1866 Yellowboy Lever Actions E.M.F. 1860 Henry Rifle E M.F. Model 73 Lever-Action Rifle Marlin Model 336CS Lever-Action Carbine Marlin Model 30AS Lever-Action Carbine Marlin Model 444SS Lever-Action Sporter Marlin Model 1894S Lever-Action Carbine Marlin Model 1894CS Carbine Marlin Model 1894CL Classic Marlin Model 1895SS Lever-Action Rifle Mitchell 1858 Henry Replica Mitchell 1866 Winchester Replica Mitchell 1873 Winchester Replica Navy Arms Military Henry Rifle Navy Arms Henry Trapper Navy Arms Iron Frame Henry Navy Arms Henry Carbine Navy Arms 1866 Yellowboy Rifle Navy Arms 1873 Winchester-Style Rifle Navy Arms 1873 Sporting Rifle Remington 7600 Slide Action Remington Model 7600 Special Purpose Slide Action Rossi M92 SRC Saddle-Ring Carbine Rossi M92 SRS Short Carbine Savage 99C Lever-Action Rifle Uberti Henry Rifle Uberti 1866 Sporting Rifle Uberti 1873 Sporting Rifle Winchester Model 94 Side Eject Lever-Action Rifle Winchester Model 94 Trapper Side Eject Winchester Model 94 Big Bore Side Eject Winchester Model 94 Ranger Side Eject Lever-Action Rifle Winchester Model 94 Wrangler Side Eject Centerfire Rifles Bolt Action Alpine Bolt-Action Rifle A-Square Caesar Bolt-Action Rifle A-Square Hannibal Bolt-Action Rifle Anschutz 1700D Classic Rifles Anschutz 1700D Custom Rifles Anschutz 1700D Bavarian Bolt-Action Rifle Anschutz 1733D Mannlicher Rifle Barret Model 90 Bolt-Action Rifle Beeman /HW 60J Bolt-Action Rifle Blaser R84 Bolt-Action Rifle BRNO 537 Sporter Bolt-Action Rifle BRNO ZKB 527 Fox Bolt-Action Rifle BRNO ZKK 600, 601, 602 Bolt-Action Rifles Browning A-Bolt Rifle Browning A-Bolt Stainless Stalker Browning A-Bolt Left Hand Browning A-Bolt Short Action Browning Euro-Bolt Rifle Browning A-Bolt Gold Medallion Browning A-Bolt Micro Medallion Century Centurion 14 Sporter Century Enfield Sporter #4 Century Swedish Sporter #38 Century Mauser 98 Sporter Cooper Model 38 Centerfire Sporter Dakota 22 Sporter Bolt-Action Rifle Dakota 76 Classic Bolt-Action Rifle Dakota 76 Short Action Rifles Dakota 76 Safari Bolt-Action Rifle Dakota 416 Rigby African E.A.A. I Sabattz Rover 870 Bolt-Action Rifle ------------------------------ Cut here ------------------------------ Part 11/16, total size 65534 bytes: ------------------------------ Cut here ------------------------------ Auguste Francotte Bolt-Action Rifles Carl Gustaf 2000 Bolt-Action Rifle Heym Magnum Express Series Rifle Howa Lightning Bolt-Action Rifle Howa Realtree Camo Rifle Interarms Mark X Viscount Bolt-Action Rifle Interarms Minz-Mark X Rifle Interarms Mark X Whitworth Bolt-Action Rifle Interarms Whitworth Express Rifle Iver Johnson Model 5100Al Long-Range Rifle KDF K15 American Bolt-Action Rifle Krico Model 600 Bolt-Action Rifle Krico Model 700 Bolt-Action Rifles Mauser Model 66 Bolt-Action Rifle Mauser Model 99 Bolt-Action Rifle McMillan Signature Classic Sporter McMillan Signature Super Varminter McMillan Signature Alaskan McMillan Signature Titanium Mountain Rifle McMillan Classic Stainless Sporter McMillan Talon Safari Rifle McMillan Talon Sporter Rifle Midland 1500S Survivor Rifle Navy Arms TU-33/40 Carbine Parker-Hale Model 81 Classic Rifle Parker-Hale Model 81 Classic African Rifle Parker-Hale Model 1000 Rifle Parker-Hale Model 1100M African Magnum Parker-Hale Model 1100 Lightweight Rifle Parker-Hale Model 1200 Super Rifle Parker-Hale Model 1200 Super Clip Rifle Parker-Hale Model 1300C Scout Rifle Parker-Hale Model 2100 Midland Rifle Parker-Hale Model 2700 Lightweight Rifle Parker-Hale Model 2800 Midland Rifle Remington Model Seven Bolt-Action Rifle Remington Model Seven Youth Rifle Remington Model Seven Custom KS Remington Model Seven Custom MS Rifle Remington 700 ADL Bolt-Action Rifle Remington 700 BDL Bolt-Action Rifle Remington 700 BDL Varmint Special Remington 700 BDL European Bolt-Action Rifle Remington 700 Varmint Synthetic Rifle Remington 700 BDL SS Rifle Remington 700 Stainless Synthetic Rifle Remington 700 MTRSS Rifle Remington 700 BDL Left Hand Remington 700 Camo Synthetic Rifle Remington 700 Safari Remington 700 Mountain Rifle Remington 700 Custom KS Mountain Rifle Remington 700 Classic Rifle Ruger M77 Mark 11 Rifle Ruger M77 Mark 11 Magnum Rifle Ruger M77RL Ultra Light Ruger M77 Mark Il All-Weather Stainless Rifle Ruger M77 RSI International Carbine Ruger M77 Mark n Express Rifle Ruger M77VT Target Rifle Sako Hunter Rifle Sako Fiberglass Sporter Sako Safari Grade Bolt Action Sako Hunter Left-Hand Rifle Sako Classic Bolt Action Sako Hunter LS Rifle Sako Deluxe Lightweight Sako Super Deluxe Sporter Sako Mannlicher-Style Carbine Sako Varmint Heavy Barrel Sako TRG-S Bolt-Action Rifle Sauer 90 Bolt-Action Rifle Savage 110G Bolt-Action Rifle Savage 110CY Youth/Ladies Rifle Savage 110WLE One of One Thousand Limited Edition Rifle Savage 110GXP3 Bolt-Action Rifle Savage 110F Bolt-Action Rifle Savage 110FXP3 Bolt-Action Rifle Savage 110GV Varmint Rifle Savage 112FV Varmint Rifle Savage Model 112FVS Varmint Rifle Savage Model 112BV Heavy Barrel Varmint Rifle Savage 116FSS Bolt-Action Rifle Savage Model 116FSKKodiak Rifle Savage 110FP Police Rifle Steyr-Mannlicher Sporter Models SL, L, M, S, S/T Steyr-Mannlicher Luxus Model L, M, S Steyr-Mannlicher Model M Profession~l Rifle Tikka Bolt-Action Rifle Tikka Premium Grade Rifles Tikka Varmint/Continental Rifle Tikka Whitetail /Battue Rifle Ultra Light Arms Model 20 Rifle Ultra Light Arms Model 28, Model 40 Rifles Voere VEC 9I Lightning Bolt-Action Rifle Voere Model 2165 Bolt-Action Rifle Voere Model 2155, 2150 Bolt-Action Rifles Weatherby Mark VDeluxe Bolt-Action Rifle Weatherby Lasermark V Rifle Weatherby Mark V Crown Custom Rifles Weatherby Mark V Sporter Rifle Weatherby Mark V Safari Grade Custom Rifles Weatherby Weathermark Rifle Weatherby Weathermark Alaskan Rifle Weatherby Classicmark No. I Rifle Weatherby Weatherguard Alaskan Rifle Weatherby Vanguard VGX Deluxe Rifle Weatherby Vanguard Classic Rifle Weatherby Vanguard Classic No. I Rifle Weatherby Vanguard Weatherguard Rifle Wichita Classic Rifle Wichita Varmint Rifle Winchester Model 70 Sporter Winchester Model 70 Sporter WinTuff Winchester Model 70 SM Sporter 240 Winchester Model 70 Stainless Rifle Winchester Model 70 Varmint Winchester Model 70 Synthetic Heavy Varmint Rifle Winchester Model 70 DBM Rifle Winchester Model 70 DBM-S Rifle Winchester Model 70 Featherweight Winchester Model 70 Featherweight WinTuff Winchester Model 70 Featherweight Classic Winchester Model 70 Lightweight Rifle Winchester Ranger Rifle Winchester Model 70 Super Express Magnum Winchester Model 70 Super Grade Winchester Model 70 Custom Sharpshooter Winchester Model 70 Custom Sporting Sharpshooter Rifle Centerfire Rifles--Single Shot Armsport 1866 Sharps Rifle, Carbine Brown Model One Single Shot Rifle Browning Model 1885 Single Shot Rifle Dakota Single Shot Rifle Desert Industries G-90 Single Shot Rifle Harrington & Richardson Ultra Varmint Rifle Model 1885 High Wall Rifle Navy Arms Rolling Block Buffalo Rifle Navy Arms #2 Creedmoor Rifle Navy Arms Sharps Cavalry Carbine Navy Arms Sharps Plains Rifle New England Firearms Handi-Rifle Red Willow Armory Ballard No. 5 Pacific Red Willow Armory Ballard No. 1.5 Hunting Rifle Red Willow Armory Ballard No. 8 Union Hill Rifle Red Willow Armory Ballard No. 4.5 Target Rifle Remington-Style Rolling Block Carbine Ruger No. IB Single Shot Ruger No. IA Light Sporter Ruger No. IH Tropical Rifle Ruger No. IS Medium Sporter Ruger No. I RSI International Ruger No. I V Special Varminter C. Sharps Arms New Model 1874 Old Reliable C. Sharps Arms New Model 1875 Rifle C. Sharps Arms 1875 Classic SharDs C. Sharps Arms New Model 1875 Target & Long Range Shiloh Sharps 1874 Long Range Express Shiloh Sharps 1874 Montana Roughrider Shiloh Sharps 1874 Military Carbine Shiloh Sharps 1874 Business Rifle Shiloh Sharps 1874 Military Rifle Sharps 1874 Old Reliable Thompson/Center Contender Carbine Thompson/Center Stainless Contender Carbine Thompson/Center Contender Carbine Survival System Thompson I Center Contender Carbine Youth Model Thompson/Center TCR '87 Single Shot Rifle Uberti Rolline Block Baby Carbine Drillings, Combination Guns, Double Rifles Beretta Express SSO O / U Double Rifles Beretta Model 455 SxS Express Rifle Chapuis RGExpress Double Rifle Auguste Francotte Sidelock Double Rifles Auguste Francotte Boxlock Double Rifle Heym Model 55BO/U DoubleRifle Heym Model 55FW OI U Combo Gun Heym Model 88b Side-by-Side Double Rifle Kodiak Mk. IV Double Rifle Kreighoff Teck OI U Combination Gun 241 Kreighoff Trumpf Drilling Merkel Over/Under Combination Guns Merkel Drillings Merkel Model 160 Side-by-Side Double Rifles Merkel Over/ Under Double Rifles Savage 24F O / U Combination Gun Savage 24F-12T Turkey Gun Springfield Inc. M6 Scout Rifle/Shotgun Tikka Model 412s Combination Gun Tikka Model 412S Double Fire A. Zoli Rifle-Shotgun O / U Combo Rimfire Rifles--Autoloaders AMT Lightning 25/22 Rifle AMT Lightning Small-Game Hunting Rifle 11 AMT Magnum Hunter Auto Rifle Anschutz 525 Deluxe Auto Armscor Model 20P Auto Rifle Browning Auto-22 Rifle Browning Auto-22 Grade Vl Krico Model 260 Auto Rifle Lakefield Arms Model 64B Auto Rifle Marfin Model 60 Self-Loading Rifle Marlin Model 60ss Self-Loading Rifle Marlin Model 70 HC Auto Marlin Model 9901 Self-Loading Rifle Marlin Model 70P Papoose Marlin Model 922 Magnum Self-Loading Rifle Marlin Model 995 Self-Loading Rifle Norinco Model 22 ATD Rifle Remington Model 522 Viper Autoloading Rifle Remington 552BDL Speed master Rifle Ruger 10/22 Autoloading Carbine (with folding stock) Survival~ Arms AR-7 Explorer Rifle Texas Remington Revolving Carbine Voere Model 2115 Auto Rifle Rimfire Rifles--Lever & Slide Action Browning BL-22 Lever-Action Rifle Marlin 39TDS Carbine Marlin Model 39AS Golden Lever-Action Rifle Remington 572BDL Fieldmaster Pump Rifle Norinco EM-321 Pump Rifle Rossi Model 62 SA Pump Rifle Rossi Model 62 SAC Carbine Winchester Model 9422 Lever-Action Rifle Winchester Model 9422 Magnum Lever-Action Rifle Rimfire Rifles Bolt Actions & Single Shots Anschutz Achiever Bolt-Action Rifle Anschutz 1416DI 1516D Classic Rifles Anschutz 1418DI 1518D Mannlicher Rifles Anschutz 1700D Classic Rifles Anschutz 1700D Custom Rifles Anschutz 1700 FWT Bolt-Action Rifle Anschutz 1700D Graphite Custom Rifle Anschutz 1700D Bavarian Bolt-Action Rifle Armscor Model 14P Bolt-Action Rifle Armscor Model 1500 Rifle BRNO ZKM-452 Deluxe Bolt-Action Rifle BRNO ZKM 452 Deluxe Beeman/HW 60~J-ST Bolt-Action Rifle Browning A-Bolt 22 Bolt-Action Rifle Browning A-Bolt Gold Medallion Cabanas Phaser Rifle Cabanas Master Bolt-Action Rifle Cabanas Espronceda lV Bolt-Action Rzfle 242 Cabanas Leyre Bolt-Action Rifle Chipmunk Single Shot Rifle Cooper Arms Model 36S Sporter Rifle Dakota 22 Sporter Bolt-Action Rifle Krico Model 300 Bolt-Action Rifles Lakefield Arms Mark 11 Bolt-Action Rifle Lakefield Arms Mark I Bolt-Action Rifle Magtech Model MT-22C Bolt-Action Rifle Marlin Model 880 Bolt-Action Rifle Marlin Model 881 Bolt-Action Rifle Marlin Model 882 Bolt-Action Rifle Marlin Model 883 Bolt-Action Rifle Marlin Model 883SS Bolt-Action Rifle Marlin Model 25MN Bolt-Action Rifle Marlin Model 25N Bolt-Action Repeater Marlin Model 15YN "Little Buckaroo" Mauser Model 107 Bolt-Action Rifle Mauser Model 201 Bolt-Action Rifle Navy Arms TU-KKW Training Rifle Navy Arms TU-33 /40 Carbine Navy Arms TU-KKW Sniper Trainer Nonnco JW-27 Bolt-Action Rifle Norinco JW-15 Bolt-Action Rifle Remington 541-T Remington 40-XR Rimfire Custom sporter Remington 541-T HB Bolt-Action Rifle Remington 581-S Sportsman Rifle Ruger 77/22 Rimfire Bolt-Action Rifle Ruger K77/22 Varmint Rifle Ultra Light Arms Model 20 RF Bolt-Action Rifle Winchester Model 52B Sporting Rifle Competition Rifles--Centerfire & Rimfire Anschutz 64-MS Left Silhouette Anschutz 1808D RT Super Match 54 Target Anschutz 1827B Biathlon Rifle Anschutz 1903D Match Rifle Anschutz 1803D Intermediate Match Anschutz 1911 Match Rifle Anschutz 54.18MS REP Deluxe Silhouette Rifle Anschutz 1913 Super Match Rifle Anschutz 1907 Match Rifle Anschutz 1910 Super Match 11 Anschutz 54.18MS Silhouette Rifle Anschutz Super Match 54 Target Model 2013 Anschutz Super Match 54 Target Model 2007 Beeman/Feinwerkbau 2600 Tar~et Rifle Cooper Arms Model TRP-I ISU Standard Rifle E.A.A / Wezhrauch HW 60 Target Rifle E.A.A /HW 660 Match Rifle Finnish Lion Standard Target Rifle Krico Model 360 S2 Biathlon Rifle Krico Model 400 Match Rifle Krico Model 360S Biathlon Rifle Krico Model 500 Kricotronic Match Rifle Krico Model 600 Sniper Rifle Krico Model 600 Match Rifle Lakefield Arms Model 90B Target Rifle Lakefield Arms Model 91T Target Rifle Lakefield Arms Model 92S Silhouette Rifle Marlin Model 2000 Target Rifle Mauser Model 86-SR Specialty Rifle McMillan M-86 Sniper Rifle McMillan Combo M-871M-88 50-Caliber Rifle McMillan 300 Phoenix Long Range Rifle McMillan M-89 Sniper Rifle McMillan National Match Rifle McMillan Long Range Rifle Parker-Hale M-87 Target Rifle Parker-Hale M-85 Sniper Rifle Remington 40-XB Rangemaster Target Centerfire Remington 40-XR KS Rimfire Position Rifle Remington 40-XBBR KS Remington 40-XC KS National Match Course Rifle Sako TRG-21 Bolt-Action Rifle Steyr-Mannlicher Match SPG-UIT Rifle Steyr-Mannlicher SSG P-l Rifle Steyr-Mannlicher SSG P-lll Rifle Steyr-Mannlicher SSG P-IV Rifie Tanner Standard UIT Rifle Tanner 50 Meter Free Rifle Tanner 300 Meter Free Rifle Wichita Silhouette Rifle Shotguns--Autoloader American Arms/Franchi Black Magic 48/AL Benelli Super Black Eagle Shotgun Benelli Super Black Eagle Slug Gun Benelli Ml Super 90 Field Auto Shotgun Benelli Montefeltro Super 90 20-Gauge Shotgun Benelli Montefeltro Super 90 Shotgun Benelli Ml Sporting Special Auto Shotgun Benelli Black Eagle Competition Auto Shotgun Beretta A~03 Auto Shotgun Beretta 390 Field Auto Shotgun Beretta 390 Super Trap, Super Skeet Shotguns Beretta vittoria Auto Shotgun Beretta Model 1201F Auto Shotgun Browning BSA 10 Auto Shotgun Browning Bsa 10 Stalker Auto Shotgun Browning A-500R Auto Shotgun Browning A-500G Auto Shotgun Browning A-500G Sporting Clays Browning Auto-5 Light 12 and 20 Browning Auto-5 Stalker Browning Auto-5 Magnum 20 Browning Auto-5 Magnum 12 Churchill Turkey Automatic Shotgun Cosmi Automatic Shotgun Mauerick Model 60 Auto Shotgun Mossberg Model 5500 Shotgun Mossberg Model 9200 Regal Semi-Auto Shotgun Mossberg Model 9200 USST Auto Shotgun Mossberg Model 9200 Camo Shotgun Mossberg Model 6000 Auto Shotgun Remington Model 1100 Shotgun Remington 11-87 Premier shotgun Remington 11-87 Sporting Clays Remington 11-87 Premier Skeet Remington 11-87 Premier Trap Remington 11-87 Special Purpose Magnum Remington 11-87 SPS-T Camo Auto Shotgun Remington 11-87 Special Purpose Deer Gun Remington 11-87 SPS-BG-Camo Deer/Turkey Shotgun Remington 11-87 SPS-Deer Shotgun Remington 11-87 Special Purpose Synthetic Camo Remington SP-IO Magnum-Camo Auto Shotgun Remington SP-IO Magnum Auto Shotgun Remington SP-IO Magnum Turkey Combo Remington 1100 LT-20 Auto Remington 1100 Special Field Remington 1100 20-Gauge Deer Gun Remington 1100 LT-20 Tournament Skeet Winchester Model 1400 Semi-Auto Shotgun 244 Shotguns Slide Actions Browning Model 42 Pump Shotgun Browning BPS Pump Shotgun Browning BPS Stalher Pump Shotgun Browning BPS Pigeon Grade Pump Shotgun Browning BPS pump Shotgun (Ladies and Youth Model) Browning BPS Game Gun Turkey Special Browning BPS Game Gun Deer Special Ithaca Model 87 Supreme Pump Shotgun Ithaca Model 87 Deerslayer Shotgun Ithaca Deerslayer II Rifled Shotgun Ithaca Model 87 Turkey Gun Ithaca Model 87 Deluxe Pump Shotgun Magtech Model 586-VR Pump Shotgun Maverick Models 88, 9I Pump Shotguns Mossberg Model 500 Sporting Pump Mossberg Model 500 Camo Pump Mossberg Model 500 Muzzleloader Combo Mossberg Model 500 Trophy Slugster Mossberg Turkey Model 500 Pump Mossberg Model 500 Bantam Pump Mossberg Field Grade Model 835 Pump Shotgun Mossoerg Model 835 Regal Ulti-Mag Pump Remington 870 Wingmaster Remington 870 Special Purpose Deer Gun Remington 870 SPS-BG-Camo Deer/Turkey Shotgun Remington 870 SPS-Deer Shotgun Remington 870 Marine Magnum Remington 870 TC Trap Remington 870 Special Purpose Synthetic Camo Remington 870 Wingmaster Small Gauges Remington 870 Express Rifle Sighted Deer Gun Remington 879 SPS Special Purpose Magnum Remington 870 SPS-T Camo Pump Shotgun Remington 870 Special Field Remington 870 Express Turkey Remington 870 High Grades Remington 870 Express Remington Model 870 Express Youth Gun Winchester Model 12 Pump Shotgun Winchester Model 42 High Grade Shotgun Winchester Model 1300 Walnut Pump Winchester Model 1300 Slug Hunter Deer Gun Winchester Model 1300 Ranger Pump Gun Combo ~ Deer Gun Winchester Model 1300 Turkey Gun Winchester Model 1300 Ranger Pump Gun Shotgun Over Unders American Arms/Franchi Falconet 2000 O/U American Arms Silver I OI U American Arms Silver II Shotgun American Arms Silver Skeet O/U American Arms/Franchi Sporting 2000 O/U American Arms Silver Sporting O/ U American Arms Silver Trap O7U American Arms WS/OU 12, TS/OU 12 Shotguns American Arms WT/OU 10 Shotgun Armsport 2700 OI U Goose Gun Armsport 2700 Series O/U Armsport 2900 Tri-Barrel Shotgun Baby Bretton Over/ Under Shotgun Beretta Model 686 Ultralight O/U Beretta ASE 90 Competition O/U Shotgun Beretta Over/UnderField Shotguns Beretta Onyx Hunter Sport O/U Shotgun Beretta Model S05 S06, SO9 Shotguns Beretta Sporting Clay Shotguns redo 245 Beretta 687EL Sporting O/U Beretta 682 Super Sporting O/U Beretta Series 682 Competition Over/Unders Browning Citori O I U Shotgun Browning Superlight Citor~ Ouer/Under Browning Lightning Sporting Clays Browning Micro Citor~ Lightning Browning Citori Plus Trap Comoo Browning Citori Plus Trap Gun Browning Citori O / U Skeet Models Browning Citori O/U Trap Models Browning Special Sporting Clays Browning Citori GTI Sporting Clays Browning 325 Sporting Clays Centurion Over / Under Shotgun Chapuis Over/Under Shotgun Connecticut Valley Classics Classic Sporter O/U Connecticut Valley Classics Classic Field Waterfowler Charles Daly Field Grade O/U Charles Daly Lux Over/ Under E.A.A. / Sabatti Sporting Clays Pro-Gold 0/U E.AA/Sabatti Falcon-Mon Over/Under Kassnar Grade I O/U Shotgun K-80 Sporting Clays O/U K-80 Skeet Shotgun 'K-80 International Skeet K-80 Four-Barrel Skeet Set iK,-80/RT Shotguns Krieghol Kriegho) Kriegho Kr egho Krzegho~ . ,~ Kriegho, f K-80 O / U Trap Shotgun Lauron~ Silhouette 300 Sporting Clays Laurona Silhouette 300 Trap Laurona Super Model Over/Unders Liutic LM-6 Deluxe O / U Shotgun Marocchi Conquista Over/Under Shotgun Marocchi Avanza O/ U Shotgun Merkel Model 200E OI U Shotgun Merkel Model 200ESkeet, Trap Over/Unders Merkel Model 203E, 303E Over/Under Shotguns Perazzi Mirage Special Sporting O/U Perazzi Mirage Special Four-Gauge Skeet Perazzi Sporting Classic O/U Perazzi MX7 Over/Under Shotguns Perazzi Mirage Special Skeet Over/Under Perazzi MX8/MX8 Special Trap, Skeet Perazzi MX8/20 OverlUnder Shot~un Perazzi MX9 Single Overl Under Shotguns Perazzi MX12 Hunting Overl Under Perazzi MX28, MX410 Game O/U Shotguns Perazzi MX20 Hunting Overl Under Piotti Boss Over/ Urder Shotgun Remington Peerless Over/ Under Shotgun Ruger Red Lahel Ol U Shotgun Ruger Sporting Clays O / U Shotgun San Marco 12-Ga. Wildjflower Shotgun San Marco Field Sj~ecial O/ U Shotgun SanMarco 10-Ga. 0/UShotgun SKB Model 505 L~eluxe Over/ Under Shotgun SKB Model 685 Over l Under Shotgun SKB MOdel 885 OVer/Under TraP, Skeet, SPOrting ClaYS Stoeger/lGA Condor 10/ U Shotgun Stoeger/lGA ERA 2000 Over/Under Shotgun Techni-Mec Model 610 Over/Under Tikka Model 412S Field Grade Over/ Under Weatherby Athena Grade IV 0 / U Shotguns Weatherby Athena Grade V Classic Field 0 / U Weatherby Orion O/UShotguns Weatherby 11, 111 Classic Field 0 / Us 246 Weatherby Orion 11 Classic Sporting Clays 0/U Weatherby Orion II Sporting Clays O/U WinchesterModel 1001 O/U Shotgun Winchester Model 1001 Sporting clays O/U Pietro Zanoletti Model 2000 Fiela O~U Shotguns Side by Sides American Arms Brittany Shotgun American Arms Gentry Double Shotgun American Arms Derby Side-by-Side American Arms Grulla #2 Double Shotgun Amer can Arms WS/SS 10 American Arms TS/SS 10 Double Shotgun American Arms TS/SS 12 Side-by-Side Arrieta Sidelock Double Shotguns Armsport 1050 Series Double Shotguns Arizaga Model 31 Double Shotgun AYA Boxlock Shotguns AYA Sidelock Double Shotguns Beretta Model 452 Sidelock Shotgun Beretta Side-by-Side Field Shotguns Crucelegui Hermanos Model 150 Double Chapuis Side-by-Side Shotgun E.AA /Sabatti Saba-Mon Double Shotgun Charles Daly Model Dss Double Ferlib Model F Vll Double Shotgun Auguste Francotte Boxlock Shotgun Auguste Francotte Sidelock Shotgun Garbi Model 100 Double Garbi Model 101 Side-by-Side Garbi Model 103A B Side-by-Side Garbi Model 200 Side-by-Side Bill Hanus Birdgun Doubles Hatfield Uplander Shotgun Merkel Model 8, 47E Side-by-Side Shotguns Merkel Model 47LSC Sporting Clays Double Merkel Model 47S, 147S Side-By-Sides Parker Reproductions Side-by-Side Piotti King No. 1 Side-by-Side Piotti Lunik Side-by-Side Piotti King Extra Side-by-Side Piotti Piuma Side-by-Side Precision Sports Model 600 Series Doubles Rizzini Boxlock Side-By-Side Rizzini Sidelock Side-by-Side Stoeger/lGA Uplander Side-by-Side Shotgun Ugartechea 10-Ga. Magnum Shotgun Shotguns Bolt Action & Single Shot Armsport Single Barrel Shotgun Browning BT-99 Competition Trap Special Browning BT-99 Plus Trap Gun Browning BT-99 Plus Micro Browning Recoilless Trap Shotgun Browning Micro Recoilless Trap Shotgun Desert Industries Bi~P Twenty Shotgun Harrington & Richardson Topper Model 098 Harrington & Richardson Topper Classic Youth Shotgun Harrington & Richardson N.W.T.F. Turkey Mao Harrington & Richardson Topper Deluxe Mode~098 Krieghoff KS-5 Trap Gun Krieghoff KS-5 Special Krieghoff K-80 Single Barrel Trap Gun Ljutic Mono Gun Single Barrel Ljutic LTX Super Deluxe Mono Gun Ljutic Recoilless Space Gun Shotgun Marlin Model 55 Goose Gun Bolt Action New England Firearms Turkey and Goose Gun 247 New England Firearms N.W.T.F. Shotgun New England Firearms Tracker Slug Gun New England Firearms Standard Pardner New England Firearms Survival Gun Perazzi TM1 Special Single Trap Remington 90-T Super Single Shotgun Snake Charmer 11 Shotgun Stoeger/lGA Reuna Single Barrel Shotgun Thompson Center TCR 87 Hunter Shotgun.". Subtitle B--Youth Handgun Safety SEC. 110201. PROHIBITION OF THE POSSESSION OF A HANDGUN OR AM~UNITION BY, OR THE PRIVATE TRANSFER OF A HANDGUN OR AMMUNITION TO, A JUVENILE. (a) OFFENSE.--Section 922 of title 18, United States Code, as amended by section 110103(a), is amended by adding at the end the following new subsection: "(x)(l) It shall be unlawful for a person to sell, deliver, or other- wise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile-- "(A) a handgun; or "(B) ammunition that is suitable for use only in a handgun. "(2) It shall be unlawful for any person who is a juvenile to knowingly possess-- "(A) a handgun; or "(B) ammunition that is suitable for use only in a handgun. "(3) This subsection does not apply to-- "(A) a temporary transfer of a handgun or ammunition to a juvenile or to the possession or use of a handgun or ammuni tion by a juvenile if the handgun and ammunition are pos sessed and used by the juvenile-- "(i) in the course of employment, in the course of ranching or farming related to activities at the residence of the juvenile (or on property used for ranching or farming at which the juvenile, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), target practice, hunting, or a course of instruction in the safe and lawful use of a hand "(ii) with the prior written consent of the juvenile's parent or guardian who is not prohibited by Federal, state, or local law from possessing a firearm, except-- "(I) during transportation by the juvenile of an unloaded handgun in a locked container directly from the place of transfer to a place at which an activity described in clause (i) is to take place and transportation by the juvenile of that handgun, unloaded and in a locked container, directly from the place at which such an activity took place to the transferor; or "(II) with respect to ranching or farming activities as described in clause (i), a juvenile may possess and use a handgun or ammunition with the prior written approval of the juvenile's parent or legal guardian and at the direction of an adult who is not prohibited by Federal. state or local law from possessing a firearm; 248 "(iii) the juvenile has the prior written consent in the juvenile's possession at all times when a handgun is in the possession of the juvenile; and "(iv) in accordance with State and local law- "(B) a juvenile who is a member of the Armed Forces of the United States or the National Guard who possesses or is armed with a handgun in the line of duty; "(C) a transfer by inheritance of title (but not possession) of a handgun or ammunition to a juvenile; or "(D) the possession of a handgun or ammunition by a juve nile taken in defense of the juvenile or other persons against anintruder into the residence of the juvenile or a residence in which the juvenile is an invited guest. "(4) A handgun or ammunition, the possession of which is transferred to a juvenile in circumstances in which the transferor is not in violation of thiS subsection shall not be subject to permanent confiscation by the Government if its possession by the juvenile subsequently becomes unlawful because of the conduct of the juvenile, but shall be returned to the lawful owner when such handgun or ammunition is no longer required by the Government for the purposes of investigation or prosecution. "(5) For purposes of this subsection, the term 'juvenile' means a person who is less than 18 years of age. "(6)(A) In a prosecution of a violation of this subsection, the court shall require the presence of a juvenile defendant's parent or legal guardian at all proceedings. "(B) The court may use the contempt power to enforce subparagraph (A). "(C) The court may excuse attendance of a parent or legal guardian of a juvenile defendant at a proceeding in a prosecution of a violation of this subsection for good cause shown.". (b) PENALTIES.--Section 924(a) of title 18, United states Code, is amended-- (1) in paragraph (1) by striking "paragraph (2) or (3) of"; and (2) by adding at the end the following new paragraph "(5)(A)(i) A juvenile who violates section 922(x) shall be fined under this title, imprisoned not more than 1 year, or both, except that a juvenile described in clause (ii) shall be sentenced to probation on appropriate conditions and shall not be incarcerated unless the juvenile fails to comply With a condition of probation. "(ii) A juvenile is described in this clause if-- "(V the offense of which the juvenile is charged is posses sion of a handgun or ammunition in violation of section 922(x)(2); and "(II) the juvenile has not been convicted in any court of an offense (including an offense under section 922(x) or a similarstate law, bUt not including any other offense consisting of conduct that if engaged in by an adult would not constitute an offense) or adjudicated as a juvenile delinquent for conduct that if engaged in by an adult would constitute an offense. "(B) A person other than a juvenile who knowingly violates section 922(x)-- 249 "(i) shall be fined under this title, imprisoned not more than 1 year, or both; and "(ii) if the person sold, delivered, or otherwise transferred a handgun or ammunition to a juvenile knowing or having reasonable cause to know that the juvenile intended to carry or otherwise possess or discharge or otherwise use the handgun or ammunition in the commission of a crime of violence, shall be fined under this title, imprisoned not more than 10 years, or both. ". (C) TECHNICAL AMENDMENT OF JUVENILE DELINQUENCY PROVISIONS IN TITLE 18, UNITED STATES CODE.-- (I) SECTION 5031.--Section 5031 of title 18, United States Code, is amended by inserting "or a violation by such a person of section 922(x)" before the period at the end. (2) SECTION 5032.--Section 5032 of title 18, United states Code, is amended-- (A) in the first undesignated paragraph by inserting "or (x)" after "922(p)"; and (B) in the fourth undesignated paragraph by inserting "or section 922(x) of this title," before "criminal prosecution on the basis". (d) TECHNICAL AMENDMENT OF THE JUVENILE JUSTICE AND DELlNQUENCY PREVENTION ACT OF 1974.--Section 223(a)(12)(A) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(12)(A)) is amended by striking "which do not constitute violations of valid court orders" and inserting "(other than an offense that constitutes a violation of a valid court order or a violation of section 922(x) of title 18, United states Code, or a similar State law). " (e) MODEL LAW.--The Attorney General, acting through the Director of the National Institute for Juvenile Justice and Delinquency Preuention, shall-- (I) evaluate existing and proposed juvenile handgun legislation in each state; (2) develop model juvenile handgun legislation that is constitutional and enforceable; (3) prepare and disseminate to State authorities the findings made as the result of the evaluation; and (4) report to Congress by December 31, 1995, findings and recommendations concerning the need or appropriateness offurther action by the Federal Government. Subtitle C--Licensure SEC. 110301. FIREARMS LICENSURE AND REGISTRATION TO REQUIRE A PHOTOGRAPH AND FINGERPRINTS. (a) FIREARMS LICENSURE.--Section 923(a) of title 18, United States Code, is amended in the second sentence by inserting "and shall include a photograph and fingerprints of the applicant" before the period. (b) REGISTRATION.--Section 5802 of the Internal Revenue Code of 1986 is amended by inserting after the first sentence the following: "An individual required to register under this section shall in 250 clude a photograph and fingerprints of the individual With the initial application.". SEC. 110302. COMPLIANCE WITH STATE AND LOCAL LAW AS A CONDITION Section 923(d)(1) of title 18, United States Code, is amended (1) by striking "and" at the end of subparagraph (D); (2) by striking the period ai the end of subpa;agraph (E) and inserting "; and"; and (3) by adding at the end the following new subparagraph "(F) the applicant certifies that-- "(i) the business to be conducted under the license i8 not prohibited by State or local law in the place where the licensed premise is located "(ii)(V within 30 days after the application is approved the business will comply with the requirements of state and local law applicable to the conduct of the business; and (Il) the business will not be conducted under the license until the requirements of State and local law applicable to the business have been met; and "(iii) that the applicant has sent or delivered a form to be prescribed by the Secretary, to the chief law enforcement officer of the locality in which the premises are located which indicates that the applicant intends to apply for a Federal firearms license. ". SEC. 110303. ACTION ON FIREARMS LICENSE APPLICATION Section 923(d)(2) of title 18, United states Code, is amended by striking "forty-five-day" and inserting "60-day". SEC. 110304. INSPECTION OF FIREARMS LICENSEES' INVENTORY AND Section 923(g)(i)(B)(ii) of title 18, United States Code, is amended to read as follows: "(ii) for ensuring compliance with the record keep- ing requirements of this chapter-- "(V not more than once during any 12-month period; or "(II) at any time with respect to records relating to a firearm involved in a criminal investigation that is traced to the licensee.". SEC. 110305. REPORTS OF THEFT OR LOSS OF FIREARMS Section 923(g) of title 18, United States Code, is amended by adding at the end the following new paragraph "(6) Each licensee shall report the thefit or loss of a firearm from the licensee's inventory or collection, within 48 hours after the theft or loss is discovered, to the Secretary and to the appro- priate local authorities.". SEC. 110306. RESPONSES TO REQUESTS FOR INFORMATION Section 923(g) of title 18, United States Code, as amended by section 110405, iS amended by adding at the end the following new paragraph: "(7) Each licensee shall respond immediately to, and in no event later than 24 hours after the receipt of, a request by the Secretary for information contained in the records required to 251 be kept by this chapter as may be required for determining the disposition of 1 or more firearms in the course of a bona fide criminal investigation. The requested information shall be provided orally or in writing, aS the Secretary may require. The Secretary shall implement a system whereby the licensee can ositively identify and establish that an individual requesting information via telephone is employed by and authorized by the agency to request such information. . ' 110307. NOTIFICATION OF NAMES AND ADDRESSES OF FIREARMS LlcENsEEs , . .. .. Section 923 of title 18, United stateS Code, is amended by add~g at the end the following new subsection: "(I) The Secretary of the Treasury shall notify the chzef law enforcement officer in the appropriate State and local jurlsdictions of the names and addresses of all persons in the State to whom a firearms license is issued. . Subtitle D--Domestic Violence ~C. 110401. PROHIBITION AGAINST DISPOSAL OF FIREARMS TO, OR RECEIPT OF FIREARMS BY, PERSONS WHO HAVE COMMITTED DOMESTIC ABUSE. (a) INTIMATE PARTNER DEFINED.--Section 921(a) of title 18, United stateS Code, as amended by section 110103(b), is amended by inserting at the end the following new paragraph: "(32) The term 'intimate partner' means, with respect to a perhn, the SDOUSe of the person, a former spouse of the person, an indi~idual who is a parent of a child of the person, and an individual who cohabitates or has cohabited with the person. . ~ (b) PROHIBITION AGAINST DISPOSAL OF FIREARMS.--Section 1~ 922(d) of title 18, United states Code, is amended-- (1) by striking "or" at the end of paragraph (6); (2) by striking the period at the end of paragraph (7) and inserting "; or"; and (3) by inserting after paragraph (7) the following new para- graph: "(8) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that-- "(A) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and "(B)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child, or "(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury.". (C) PROHIBITION AGAINST RECEIPT OF FIREARMS.--Section 922(g) of title 18, United states Code, is amended-- 252 (V by striking "or" at the end of paragraph (6); (2) by inserting ~or" at the end of paragraph (7); and (3) by inserting after paragraph (7) the following: "(8) who is subject to a court order that-- "(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; "(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and "(C)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or "(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury,". (d) STORAGE OF FIREARMS. "Section 926(a) of title 18, United States Code, is amended-- (1) by striking "and" at the end of paragraph (1); (2) by striking the period at the end of paragraph (2) and inserting "; and"; and (3) by inserting after paragraph (2) the following: "(3) regulations prouiding for effective receipt and secure storage of firearms relinquished by or seized from persons described in subsection (d)(8) or (g)(8) of section 922.". (e) RETURN OF FIREARMS.--Section 924(d)(1) of title 18, United States Code, is amended by striking "the seized" and inserting "or lapse of or court termination of the restraining order to which he is subiect, the seized or relinquished". Subtitle Gun Crime Penalties SEC. 110501. ENHANCED PENALTY FOR USE OF A SEMIAUTOMATIC FIREARM DURING A CRIME OF VIOLENCE OR A DRUG TRAFFICKING CRIME. (a) AMENDMENT TO SENTENCING GUIDELINES.--Pursuant to its authority under section 994 of title 28, United States Code, the United states Sentencing Commission shall amend its sentencing guidelines to prouide an appropriate enhancement of the punishment for a crime of violence (as defined in section 924(c)(3) of title 18, United States Code) or a drug trafificking crime (as defined in section 924(c)(2) of title 18, United States Code) if a semiautomatic firearm is involved. (b) SEML~UTOMATIC FIREARM.--In subsection (a), "semiautomatic firearm" means any repeating firearm that utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round and that requires a separate pull of the trigger to fire each cartridge. 253 SEC 110502. ENHANCED PENALTY FOR SECOND OFFENSE OF USING AN EXPLOSIVE TO COMMIT A FELONY. Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission sh~ll promulgate amendments to the sentencing guidelines to appropriately enhance penalties in a case in which a defendant convicted under section 844(h) of title 18, United States Code, has preuiously been convicted under that section. SEC 110503. SMUGGLING FIREARMS IN AID OF DRUG TRAFFICKING. Section 924 of title 18, United States Code, as amended by section 60013, is amended by adding at the end the following new subsection: "(i) A person who, with intent to engage in or to promote conduct that- - "(1) is punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 9~1 et seq.), or the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.) "(2) uiolates any law of a State relating to any controlled substance (as defined in section 102 of the Controlled Sub- stances Act, 21 U.S.C. 802); or . "(3) constitutes a crime of violence (as defined in subsection smuggles or knowingly brings into the United States a firearm, or . attempts to do so, shall be imprisoned not more than 10 years, fined under this title, or both.". : SEC 110504. THEFT OF FIREARMS AND EXPLOSIVES. (a) FIREARMS.--Section 924 of title 18, United States Code, as amended by section 110203(a), is amended by adding at the end the following new subsection: "(k) A person who steals any firearm which is mouing as, or is a part of or which has moued in, interstate or foreign commerce shall be imprisoned for not more than 10 yearS, fined under this : title, or both. ". . : (b) EXPLOSIVES.--Section 844 of title 18, United States Code, is amended by adding at the end the following new subsection: "(k) A person who steals any explosiues materials which are mouing as, or are a part of or Which have moued in, interstate or ~reign commerce shall be imprisoned for not more than 10 years fined under this title, or both.". SEC 110505. REVOCATION OF SUPERVISED RELEASE AFTER IMPRISONMENT. Section 3583 of title 18, United States Code, is amended-- (1) in subsection (d) by striking "possesS illegal controlled substances" and inserting "unlawfully posseSS a controlled substance"; (2) in subsection (e)-- (A) by striking "person" each place such term appears in such subsection and inserting "defendant"; and (B) by amending paragraph (3) to read as follows: "(3) revoke a term of superuised release, and require the de fendant to serue in prison all or part of the term of superuised release authorized by statute for the offense that resulted in 254 such term of supervised release without credit for time previously served on post release supervision, if the court, Pursuant to the Federal Rules of Criminal Procedure applicable to revocation of probation or supervised release, finds by a preponderance of the euidence that the defendant violated a condition of supervised release, except that a defendant whose term is revoked under this paragraph may not be required to serve more than 5 years in prison if the offense that resulted in the term of supervised release is a class A felony, more than 3 years in prison if such offense is a class B felony, more than 2 years in pr~son if such offense is a class C or D felony, or more than one year in any other case; or"; and (3) by striking subsection (g) and inserting the following: "(g) MANDATORY REVOCATION FOR POSSESSION OF CONTROLLED SUBSTANCE OR FIREARM OR FOR REFUSAL To COMPLY WITH DRUG TESTING.--If the defendant-- "(V poSSeSSeS a controlled substance in violation of the condition set forth in subsection (d); "(2) possesses a firearm, as such term is defined in section 921 of this title, in violation of Federal law, or otherwise violates a condition of supervised release prohibiting the defendant from possessing a firearm; or "(3) refuses to comply with drug testing imposed as a condition of supervised release; the court sha~l revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3). (h) SUPERVISED RELEASE FOLLOWING REVOCATION.--When a term of supervised release is revoked and the defiendant is required to serue a term of imprisonment that is less than the maximum term of imprisonment authorized under subsection (e)(3), the court may include a requirement that the defendant be placed on a term of supervised release after imprisonment. The length of such a term of supervised release shall not exceed the term of supervised release authorized by statute for the offense that resulted in the original term of supervised release, less any term of imprisonment that was imposed upon revocation of supervised release. (i) DELAYED REVOCATION.--The power of the court to revoke a term of supervised release for violation of a condition of supervised release, and to order the defiendant to serve a term of imprisonment and, subject to the limitations in subsection (h), a further term of supervised release, extends beyond the expiration of the term of su- pervised release for any period reasonably necessary for the adju- dication of matters arising before its expiration if, before its expiration, a warrant or summons has been issued on the basis of an allegation of such a violation.". SBC. 11050C. REVOCATION OF PROBATION. (a) IN GENERAL. Section 3565(a) of title 18, United States Code, is amended-- (V in paragraph (2) by striking "impose any other sentence that was available under subchapter A at the time of the initial sentencing" and inserting "resentence the defendant under subchapter A"; and (2) by striking the last sentence. 255 (b) MANDATORY REVOCATION.--Section 3565(b) of title 18, United StateS Code, is amended to read as follows: "(b) MANDATORY REVOCATION FOR POSSESSION OF CONTROLLED SUBSTANCE OR FIREARM OR REFUSAL To COMPLY WITH DRUG TESTING.--If the defendant-- "(1) possesses a controlled substance in violation of the con dition set forth in section 3563(a)(3); "(2) possesses a firearm, as such term is defined in section 921 of this title, in violation of Federal law, or otherwise vio- lates a condition of probation prohibiting the defendant from possessing a firearm; or "(3) refuses to comply with drug testing, thereby violating the condition imposed by section 3563~a)(4), the court shall revoke the sentence of probation and resentence the defendant under subchapter A to a sentence that includes a term of imprisonment.". SEC. 110507. INCREASED PENALTY FOR KNOWINGLY MAKTNG FALSE, MATERIAL STATEMENT IN CONNECTION WITH THE ACQUISITION OF A FIREARM FROM A LICENSED DEALER. Section 924(a) of title 18, United States Code, is amended-- (1) in subsection (a)(l)(B) by striking "(a)(6),"; and (2) in subsection (a)(2) by inserting "(a)(6)," after "sub sections". SEC. 110508. POSSESSION OF EXPLOSIVES BY FELONS AND OTHERS. Section 842(i) of title 18, United States Code, is amended by inserting "or possess" after "to receive". SEC. 110509. SUMMARY DESTRUCTION OF EXPLOSIVES SUBJECT TO FORFEITURE. Section 844(c) of title 18, United States Code, is amended-- (1) by inserting "(1)" after "(c)"; and (2) by adding at the end the following new paragraphs: "(2) Notwithstanding paragraph (1), in the case of the seizure of any explosive materials for any offense for which the materials would be subject to forfeiture in which it would be impracticable or unsafe to remove the materials to a place of storage or would be unsafe to store them, the seizing officer may destroy the explosive materials forthwith. Any destruction under this paragraph shall be in the presence of at least 1 credible witnesS. The seizing officer shall make a report of the seiZure and take samples as the Secretary may by regulation prescribe. "(3) Within 60 days after any destruction made pursuant to paragraph (2), the owner of (including any person having an interest in) the property so destroyed may make application to the Secretary for reimbursement of the value of the property. If the claimant establishes to the satisfaction of the Secretary that-- "(A) the property has not been used or involved in a viola tion of law- or "(B) any unlawful involvement or use of the property was without the claimant's knowledge, consent, or willful blindness, the Secretary shall make an allowance to the claimant not exceeding the value of the property destroyed.". 256 SEC 110510. ELIMINATION OF OUTMODED LANGUAGE RELATING TO (a) SECTION 924(e)(V OF TITLE 18.--Section 924(e)(1) of title 18 United States Code, is amended by striking " and such person shail not be eligible for parole with respect to the sentence imposed under this subsection . (b) SECTION 924(c)(1) OF TITLE 18.--Section 924(c)(1) of title 18, United States Code, is amended by striking "No person sentenced under this subsection shall be eligible for parole during the term of imprisonment imposed under this subsection.". SEC. 10511. PROHIBITION AGAINST TRANSACTIONS INVOLVING STOLEN COMMMERCE. Section 922~i) of title 18, United States Code, is amended to read as follows: "~i) It shall be unlawful for any person to receive, possess, conceal, store, barter, sell, or dispose of any stolen firearm or stolen am- munition, or pledge or accept as security for a loan any stolen firearm or stolen ammunition, which is moving as, which is a part of which constitutes, or which has been shipped or transported in interstate or foreign commerce, either before or after it was stolen knowing or having reasonable cause to believe that the firearm or ammunition was stolen." SEC 110512. USING A FIREARM IN THE COMMISSION OF Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall amend its sentencing guidelines to prouide an appropriate enhancement of the punishment for a defendant convicted of a felony under chapter 25 of title 18, United States Code, if the defendant used or carried a firearm (as defined in section 921(a)(3) of title 18, United States Code) during and in relation to the felony. SEC. 110513. ENHANCED PENALTIES FOR FIREARMS POSSESSION BY VIOLENT FELONS AND SERIOUS DRUG OFFENDERS Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall amend its sentencing guidelines (1) appropriately enhance penalties in cases in which a defendant convicted under section 922(g) of title 18, United States Code, has 1 prior conviction by any court referred to in section 922(g)(V of title 18 for a violent felony (as defined in section ~24(e)(2)(B) of that title) or a serious drug offense (as defined in section 924(e)(2)(A) of that title); and (2) appropriately enhance penalties in cases in which such a defendant has 2 prior convictions for a violent felony (as so defined) or a serious drug offense (as so defined). SEC. 110514. RECEIPT OF FIREARMS BY NONRESIDENT. Section 922(a) of title 18, United States Code, is amended-- (1) by striking "and" at the end of paragraph (7) (3) by adding at the end the following new paragraph: (9) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector. who ~l.~.c 257 not reside in any State to receive any firearms unless such re ceipt is for lawful sporting purposes. ". SEC. 110515. THEFT OF FIREARMS OR EXPLOSIVES FROM LICENSEE. (a) FIREARMS.--Section 924 of title 18, United States Code, asamended by section 110504(a), is amended by adding at the end the following new subsection: "(I) A person who steals any firearm from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector shall be fined under this title, imprisoned not more than 10 years, or both. . (b) EXPLOSIVES.--Section 844 of title 18, United States Code, as amended by section 110204(b), is amended by adding at the end the following new subsection: "(I) A person who steals any explosive material from a licensed importer, licensed manufacturer, or licensed dealer, or from any permittee shall be fined under this title, imprisoned not more than 10 years, or both. ". SEC 110516. DISPOSING OF EXPLOSIVES TO PROHIBITED PERSONS. Section 842(d) of title 18, United States Code, is amended by striking '?icensee" and inserting "person". SEC. 110517. INCREASED PENALTY FOR INTERSTATE GUN TRAFFICRING. Section 924 of title 18, United States Code, as amended by section 110515(a), is amended by adding at the end the following new subsection: "(m) A person who, with the intent to engage in conduct that constitutes a violation of section 922(a)(1)(A), travels from any State or foreign country into any other State and acquires, or attempts to acquire, a firearm in such other State in furtherance of such purpose shall be imprisoned for not more than 10 years.". SEC. 110518. FIREARMS AND EXPLOSIVES CONSPIRACY. (a) FIREARMS.--Section 924 of title 18, United States Code, as amended by section 110517(a), is amended by adding at the end the following new subsection: "(n) A person who conspires to commit an offense under subsection (c) shall be imprisoned for not more than 20 years, fined under this title, or both; and if the firearm i5 a machinegun or destructive deuice, or is equipped with a firearm silencer or muffler, shall be imprisoned for any term of years or life.". (b) EXPLOSIVES.--Section 844 of title 18, United States Code, as amended by section 110515(b), is amended by adding at the end the following new subsection: "(m) A person who conspires to commit an offense under subsection (h) shall be imprisoned for any term of years not exceeding 20, fined under this title, or both. SEC. 110519. DEFINITION OF ARMOR PIERCING AMMUNITION. Section 921(a)(17) of title 18, United States Code, is amended by revising subparagraph (B) and adding a new subparagraph (C) to read as follows: "(B) The term 'armor piercing ammunition means-- "(i) a projectile or projectile core which may be used in a handgun and which is constructed entirely (excluding the presence of traces of other substances) from one or a com 258 bination of tungsten alloys, steel, iron, brass, bronze, beryllium copper, or depleted uranium; or "(ii) a full jacketed projectile larger than .22 caliber designed and intended for use in a handgun and whose jacket has a weight of more than 25 percent of the total weight of the proJectile. "(C) The term 'armor piercing ammunition' does not include shotgun shot required by Federal or State environmental or game regulations for hunting purposes, a frangible projectile designed for target shooting, a projectile which the Secretary finds is primarily intended to be used for sporting purposes, or any other projectile or projectile core which the Secretary finds iS intended to be used for industrial purposes, including a charge used in an oil and gas well perforating device. ". TITLE XII--TERRORISM SEC. 120001. EXTENSION OF THE STATUTE OF LIMITATlON FOR CERTAIN TERRORISM OFFENSES. (a) IN GENERAL.--Chapter 213 of title 18, United States Code, is amended by inserting after section 3285 the following new section: 3286. Extension of statute of limitation for certain terrorism offenses "Notwithstanding section 3282, no person shall be prosecuted, tried, or punished for any offense involving a violation of section 32 (aircrafit destruction), section 36 (airport violence), section 112 (assaults upon diplomats), section 351 (crimes against Congressmen or Cabinet officers), section 1116 (crimes against diplomats), section 1203 (hostage taking), section 1361 (willful injury to government property), section 1761 (crimes against the President), section 2280 (maritime violence), section 2281 (maritime platform violence), section 2331 (terrorist acts abroad against United States nationals), section 2339 (use of weapons of mass destruction), or section 2340A (torture) of this title or section 46502, 46504, 46505, or 46506 of title 49, unless the indictment is found or the information is instituted within 8 years after the offense was committed.". (b) APPLICATION OF AMENDMENT.--The amendment made by subsection (a) shall not apply to any offense committed more than 5 years prior to the date of enactment of this Act. (C) TECHNICAL AMENDMENT.--The chapter analysis for chapter 213 of title 18, United States Code, is amended by inserting after the item relating to section 3285 the following new item: "3286. Extension of statute of limitation for certain terrorism offenses." SEC. 120002. JURISDICTION OVER CRIMES AGAINST UNITED STATES NATIONALS ON CERTAIN FOREIGN SHIPS. Section 7 of title 18, United States Code (relating to the special maritime and territorial jurisdiction of the United States), is amended by inserting at the end thereof the following new para "(8) To the extent permitted by international law, any foreignvessel during a voyage having a scheduled departure from or arriv- 259 al in the United States with respect to an offense committed by oragainst a national of the United States.". SEC. 120003. COUNTERFEITING UNITED STATES CURRENCY ABROAD. (a) IN GENERAL.--Chapter 25 of title 18, United States Code, is amended by adding before section 471 the following new section: " 470. Counterfeit acts committed outside the United States "A person who, outside the United States, engages in the act "(I) making, dealing, or possessing any counterfeit obligation or oth~r security of the United States; or "(2) making, dealing, or possessing any plate, stone, or other thing, or any part thereof used to counterfeit such obligation or security, if such act would constitute a violation of section 471, 473, or 474 if committed within the United States, shall be fined under this title, imprisoned not more than 20 years, or both.". (b) TECHNICAL AMENDMENTS.-- (I) CHAPTER ANALYSIS;--The chapter analysis for chapter 25 of title 18, United States Code, is amended by adding before section 471 the following new item: "470. Counterfeit acts committed outside the United States.". (2) PART ANALYSIS.--The part analysis for part I of title 18, United States Code, is amended by amending the item for chapter 25 to read as follows: "25. Counterfeiting and forge~y ......... 470". SEC. 120004. SENTENCING GUIDELINES INCREASE FOR TERRORIST CRIMES. The United States Sentencing Commission is directed to amend its sentencing guidelines to prouide an appropriate enhancement for any felony, whether committed within or outside the United States, that involves or is intended to promote international terrorism, unless such involvement or intent is itself an element of the crime. SEC. 12000& PROVIDING MATERIAL SUPPORT TO TERRORISTS. (a) OFFENSE.--Chapter 113A of title 18, United states Code, is amended by adding the following new section: ", 2339A. Providing material support to terrorists (a) DEFINITION.--In this section, 'material support or resources' means CUrrency or other financial securities, financial services, lodging, training, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, but does not include humanitarian assistance to persons not directly in- volved in such violations. "(b) OFFENSE.--A person who, within the United States, provides material Support or resources or conceals or disguises the nature, location, source, or ownership of material support or resources, knowing or intending that they are to be used in preparation for, or in carrying out, a violation of section 32, 36, 351, 844 (f) or (i), 1114, 1116, 1203, 1361, 1363, 1751, 2280, 2281, 2331, or 2339 of 260 this title or section 46502 of title 49, or in preparation for or carrying out the concealment of an escape from the commission of any such violation, shall be fined under this title, imprisoned not more than 10 years, or both. "(C) INVESTIGATIONS.-- (I) IN GENERAL.--Within the United States, an investigation may be initiated or continued under this section only when facts reasonably indicate that-- "(A) in the case of an individual, the individual knowingly or intentionally engages, has engaged, or is about to engage in the violation Qf this or any other Federal criminal law- and "(Bj in the case of a group of individuals, the group knowingly or intentionally engages, has engaged, or is about to engage in the violation of this or any other Federal criminal law. '(2) ACTIVITIES PROTECTED BY THE FIRST AMENDMENT.--An investigation may not be initiated or continued under this section based on activities protected by the First Amendment to the Constitution, including expressions of support or the provision of financial support for the nonviolent political, religious, philosophical, or ideological goals or beliefs of any person or group.". TITLE XIII-CRIMINAL ALIENS AND IMMIGRATION ENFORCEMENT SEC. 130001. ENHANCEMENT OF PENALTIES FOR FAILING TO DEPART OR REENTERING, AF'ER FINAL ORDER OF DEPORTATION. (a) FAILURE To DEPART.-- Section 242(e) of the Immigration and Nationality Act (8 U.S.C. 1252(e)) is amended-- (1) by striking "paragraph (2), (3), Gr (4) of" the first time it appears; and (2) by striking "shall be imprisoned not more than ten years" and inserting "shall be imprisoned not more than four years, or shall be imprisoned not more than ten years if the alien is a member of any of the classes described in paragraph (l)(E), (2), (3), or (4) of section 241(a). ". (b) REENTRY.--Section 276(b) of the Immigration and Nationality Act (8 U.S.C. 1326(b)) is amended-- (1) in paragraph (1)-- (A) by inserting after "commission of' the following: three or more misdemeanors inuolving drugs, crimes against the person, or both, or"; and (B) by striking "5" and inserting "10"; (2) in paragraph (2), by striking "15" and inserting "20" and (3) by adding at the end the following sentence: 261 "For the purposes of this subsection, the term 'deportation' includes any agreement in which an alien stipulates to deportation during a criminal trial under either Federal or State law.". SEC. 130002. CRIMINAL ALIEN TRACRrNG CENTER. (a) OPERATION.--The Attorney General shall, under the authority of section 242(a)(3)(A) of the Immigration and Nationality Act (8 U.S.C. 1252(a)(3)(A)), operate a criminal alien tracking center. (b) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be appropriated to carry out this section-- (1) $3,400,000 for fiscal year 1996; (2) $3,600,000 for fiscal year 1997; (3) $3,700,000 for fiscal year 1998; (4) $3,800,000 for fiscal year 1999; and (5) $5,900,000 for fiscal year 2000. SEC. 130003. ALIEN WITNESS COOPERATIONAND COUNTERTERRORISM INFORMATION. (a) ESTABLISHMENT OF NEW NONIMMIGRANT CLASSIFICA1'10N.-- Section lOl(a)(15) of the Immigration and Nationality Act (8 U.S.C. llOl(a)(15)) is amended-- (1) by striking "or" at the end of subparagraph (Q), (2) by striking the period at the end of subparagraph (R) and inserting a- or", and (3) by adding at the end the following new subparagraph: "(S) subject to section 214(j), an alien-- "(i) who the Attorney General determines-- "(I) is in possession of critical reliable information concerning a criminal organization or enterprise; "(IV is willing to supply or has supplied such information to Federal or State law enforcement authorities or a Federal or State court; and "(III) whose presence in the United States the Attorney General determines is essential to the success of an authorized criminal investigation or the successful prosecution of an individual involved in the criminal organization or enterprise; or "(ii) who the Secretary of State and the Attorney General jointly determine-- "(I) is in possession of critical reliable information concerning a terrorist organization, enterprise, or operat~on; "(II) is willing to supply or has supplied such information to Federal law enforcement authorities or a Federal court; "(IIV will be or has been placed in danger as a result of prouiding such information; and "(IV) is eligible to receive a reward under section 36(a) of the State Department Basic Authorities Act of 1956, and, if the Attorney General (or with respect to clause (ii), the Secretary of State and the Attorney General jointly) considers it to be appropriate, the spouse, married and unmarr~ed sons and daughters, and parents of an alien described in clause (i) or (ii) if accompanying, or following to join, the alien.". 262 (b) CONDITIONS OF ENTRY.-- (1) WAIVER OF GROUNDS FOR EXCLUSlON. Section 212(d) of the Immigration and Nationality Act (8 U.S.C. 1182(d)) is amended by inserting at the beginning the following new paragraph: "(1) The Attorney General shall determine whether a ground for exclusion exists with respect to a nonimmigrant described in section lOl(a)(15)(S). The Attorney General, in the Attorney General's dis- cretion, may waiue the application of subsection (a) (other than paragraph (3)(E)) in the case of a nonimmigrant described in section lOl(a)(15)(S), if the Attorney General considers it to be in the national interest to do so. Nothing in this section shall be regarded as prohibiting the Immigration and Naturalization Service from in- stituting deportation proceedings against an alien admitted as a nonimmigrant under section lOl(a)(15)(S) for conduct committed after the alien's admission into the United states, or for conduct or a condition that was not disclosed to the Attorney General prior to the alien's admission as a nonimmigrant under section lOl(a)(15)(S).". (2) NUMERICAL I TMITATIONS- PERIOD OF ADMISSION- ETC.-- Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184! is amended by adding at the end the following new subsection: "~i)(l) The number of aliens who may be provided a uisa as nonimmigrants under section lOl(a)(15)(S)(i) in any fiscal year may not exceed 100. The number of aliens who may be provided a uisa as nonimmigrants under section lOl(a)(15)(S)(ii) in any fiscal year may not exceed 25. "(2) No alien may be admitted into the United States as such a nonimmigrant more than 5 years after the date of the enactment of this subsection. "(3) The period of admission of an alien as such a nonimmigrant may not exceed 3 years. Such period may not be extended by the Attorney General. "(4) As a condition for the admission, and continued stay in lawful status, of such a nonimmigrant, the nonimmigrant-- "(A) shall report not less often than quarterly to the Attorney General such information concerning the alien's whereabouts and actiuities as the Attorney General may require; "(B) may not be convicted of any criminal offense punishable by a term of imprisonment of 1 year or more after the date of such admission; "(C) must have executed a form that waiues the nonimmigrant's right to contest, other than on the basis of an application for withholding of deportation, any action for deportation of the alien instituted before the alien obtains lawful permanent resident status; and "(D) shall abide by any other condition, limitation, or restriction imposed by the Attorney General. "(5) The Attorney General shall submit a report annually to the Committee on the Judiciary of the House of Representatiues and the Committee on the Judiciary of the Senate concerning-- "(A) the number of such nonimmigrants admitted; 263 "(B) the number of successful criminal prosecutions or investigations resulting from cooperation of such aliens; "(C) the number of terrorist acts preuented or frustrated resulting from cooperation of such aliens; "(D) the number of such nonimmigrants whose admission or cooperation has not resulted in successful criminal prosecution or investigation or the preuention or frustration of a terrorist act- and "(E) the number of such nonimmigrants who have failed to report quarterly (as required under paragraph (4)) or who have been convicted of crimes in the United States after the date of their admission as such a nonimmigrant.". (3) PROHIBITION OF CHANGE OF STATUS.--Section 248(1) of the Immigration and Naturalization Act (8 U.S.C. 1258(1)) is amended by striking "or (K)" and inserting "(K), or (S)". (C) ADJUSTMENT TO PERMANENT RESIDENT STATUS.-- (1) IN GENERAL.--Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following new subsection: "(i)(l) If in the opinion of the Attorney General-- "(A) a nonimmigrant admitted into the United states under section lOl(a)(15)(S)(i) has supplied information described in subclause (I) of such section; and "(B) the prouision of such information has substantially contributed to the success of an authorized criminal investigation or the prosecution of an individual described in subclause (IIV of that section, the Attorney General may adjust the status of the alien (and the spouse, married and unmarried sons and daughters, and parents of the alien if admitted under that section) to that of an alien lawfully admitted for permanent residence if the alien is not described in sec- tion 212(a)(3)(E). "(2) If in the sole discretion of the Attorney General-- "(A) a nonimmigrant admitted into the United States under section lOl(a)(15)(S)(ii) has supplied information described in subclause (V of such section, and ------------------------------ Cut here ------------------------------ Part 12/16, total size 65532 bytes: ------------------------------ Cut here ------------------------------ "(B) the prouision of such information has substantially contributed to-- "(i) the preuention or frustration of an act of terrorism against a United States person or United States property, or "(ii) the success of an authorized criminal investigation of or the prosecution of, an individual involved in such an act of terrorism, and "(C) the nonimmigrant has received a reward under section 36(a) of the State Department Basic Authorities Act of 1956, the Attorney General may adjust the status of the alien (and the Spou5e, married and unmarried sons and daughters, and parents of the alien if admitted under such section) to that of an alien lawfully admitted for permanent residence if the alien is not described in sec- tion 212(a)(3)(E). "(3) Upon the approval of adjustment of status under paragraphs (V or (2), the Attorney General shall record the alien's lawful admission for permanent residence as of the date of such ap- 264 proval and the Secretary of State shall reduce by one the number of users authorized to be issued under sections 201(d) and 203(b)(4 for the fiscal year then current." (2) EXCLUSIVE MEANS OF ADJUSTMENT.--Section 245(c) of the Immigration and Nationality ACt (8 U.S.C. 1255(C)) is amended by striking "or" before "(4)" and by inserting before the period at the end the following: " or (5) an alien who was admztted as a nonimmigrant described in section lOl(a)(15)(S)" (d) EXTENSION OF PERIOD OF DEPORTATION FOR CONVICTION OF A CRIME.--Section 241(a)(2)(A)(i)(l) of the Immigration and Nationalzty Act (8 U.S.C. 1251(a)(2)(A)(i)(I)) is amended by inserting "(or 10 years in the case of an alien provided lawful permanent resident status under section 245(i))n after "fiue years". SEC. 130004. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL ALIENS WHO ARE NOT PERMANENT RESIDENTS. (a) ELIMINATION OF ADMINISTRATIVE HEARING FOR CERTAIN CRIMINAL ALIENS.- -Section 242A of the Immigration and Nationality Act (8 U.S.C. 1252a) is amended by adding at the end the following new subsection: '(b) DEPORTATION OF Al1ENS WHO ARE NOT PERMANENT RESIDENTS.-- "(I) The Attorney General may, in the case of an alien described in paragraph (2), determine the deportability of such alien under section 241(a)(2)(A)(iii) (relating to conuiction of an aggrauated felony) and issue an order of deportation pursuant to the procedures set forth in this subsection or section 242(b). (2) An alien is described in this paragraph if the alien-- "(A) was not lawfully admitted for permanent residence at the time at which proceedings under this section commenced; and "(B) is not eligible for any relief from deportation under "(3) The Attorney General may not execute any order descrzbed in paragraph (I) until 30 calendar days have passed from the date that such order was issued, unless waiued by the alien, in order that the alien has an opportunity to apply for Judtcial review under section 106. "(4) Proceedings before the Attorney General under this subsection shall be in accordance with such regulations as the Attorney General shall prescribe. The Attorney General shall prouide that-- "(A) the alien is given reasonable notice of the charges and of the opportunity described in subparagraph (C); "(B) the alien shall have the priuilege of being represented (at no expense to the government) by such counsel authorized to practice in such proccedings, as the alien shall choose "(C) the alien has a reasonable opportunity to inspect the euidence and rebut the charges; "(D) the determination of deportability is supported by clear, convincing, and unequivocal euidence and a record is maintained for judicial review; and "(E) the final order of deportation is not entered by the same person who issues the charges.". 265 (b) LIMITED JUDICIAL REVIEW. Section 106 of the Immigration and Nationality Act (8 U.S.C. 1105a) is amended-- (1) in the first sentence of subsection (a), by inserting or pursuant to section 242A" after "under section 242(b)"; (2) in subsection (a)(l) and subsection (a)(3), by inserting "(including an alien described in section 242A)" after "aggrauated felony", and (3) by adding at the end the following new subsection: "(d)(l) A petition for review or for habeas corpus on behalf of an alien against whom a final order of deportation has been issued pursuant to section 242A(b) may challenge only-- "(A) whether the alien is in fact the alien described in the order; "(B) whether the alien is in fact an alzen descrzbed in section 242A(b)(2); "(C) whether the alien has been convicted of an aggrauated felony and such conuiction has become final; and "(D) whether the alien was afforded the procedures required by section 242A(b)(5). "(2) No court shall have jurisdiction to review any issue other than an issue described in paragraph (1).". (C) TECHNICAL AMENDMENTS.~ection 242A of the Immigration and Nationality Act (8 U.S.C. 1252a) is amended-- (1) by amending the heading to read as follows: EXPEDITED DEPORTATION OF ALlENS CONVICTED OF COMMITTING AGGRAVATED FELONIES"; (2) in subsection (a), as designated prior to enactment of this Act, by striking "(a) IN GENERAL.--" and inserting the following: (a) DEPORTATION OF CRIMINAL ALIENS.-- (1) IN GENERAL.--; (3) in subsection (b), as designated prior to enactment of this Act, by striking '(b) IMPLEMENTATION.-- and inserting (2) IM~LEMENTATION.--'; (4) by striking subsection (c); (5) in subsection (d)-- (A) by striking "(d) EXPEDITED PROCEEDINGS.~1)" and inserting "(3) EXPEDITED PROCEEDINGS.~A); and (B) by striking "(2)" and inserting "(B)"; and (6) in subsection (e)-- (A) by striking "(e) REVIEW~ and inserting "(4) REVIEW.~A)"; (B) by striking the second sentence; and (C) by striking "(2)" and inserting "(B)". (d) EFFECTIVE DATE.--The amendments made by this sectzon shall apply to all aliens a~ainst whom deportation proceedings are initiated after the date of enactment of this Act. SEC. 130005. EXPEDITIOUS DEPORTATION FOR DENIED ASYLUM APPLICANTS. (a) IN GENERAL.--The Attorney General may prouide for the expeditious adjudication of asylum claims and the expeditious deportation of asylum applicants whose applications have been finally de 266 nied, unless the applicant remains in an otherwise valid nonimmigrant status. (b) EMPLOYMENT AUTHORIZATION.--Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) is amended by adding at the end the following new subsection: "(e) An applicant for asylum is not entitled to employment au- thorization except as may be provided by regulation in the discretion of the Attorney General." (c) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be appropriated to carry out this section-- (1) $64,000,000 for fiscal year 1995; (2) $90,000,000 for fiscal year 1996; (3) $93,000,000 for fiscal year 1997; and (4) $91,000,000 for fiscal year 1998. SEC. 130006. IMPROVING PORDER CONTROLS. (a) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be appropriated for the Immigration and Naturalization Service to increase the resources for the Border Patrol, the Inspections Program, and the Deportation Branch to apprehend illegal aliens who attempt clandestine entry into the United States or entry into the United States with firaudulent documents or who remain in the country after their nonimmigrant uisas expire-- (1) $228,000,000 for fiscal year 1995, of which $181,000,000 is authorized to be appropriated from the Violent Crime Reduction Trust Fund established by this Act, and $47,000,000 is authorized from the General Fund of the Treasury; (2) $185,000,000 for fiscal year 1996, of which $137,000,000 is authorized to be appropriated from the Violent Crime Reduction Trust Fund established by this Act, and $4s,000,000 is authorized from the General Fund of the Treasury; (3) $204,000,000 for fiscal year 1997, of which $156,000,000 is authorized to be appropriated from the Violent Crime Reduction Trust Fund established by this Act, and $4s,000,000 is authorized from the General Fund of the Treasury; (4) $ss,ooo,ooo for fiscal year 1998, of which $10,000,000 is authorized to be appropriated from the Violent Crime Reduction Trust Fund established by this Act, and $48,000,000 is authorized from the General Fund of the Treasury; Of the sums authorized in this section, all necessary funds shall, subject to the auailability of appropriations, be allocated to ~ncrease the number of agent positions (and necessary support personnel positions) in the Border Patrol by not less than 1,000 fulltime equiualent positions in each of fiscal years 1995, 1996, 1997, and 1998 beyond the number fi~nded as of October 1, 1994. (b) REPORT.--By September 30, 1996 and September 30, 1998 the Attorney General shall report to the Congress on the programs described in this section. The report shall include an eualuation of the programs, an outcome-based measurement of performance, and an analysis of the cost effectiveness of the additional resources provided under thi.~ Art 267 SEC. 130007. EXPANDED SPECIAL DEPORTATION PROCEEDINGS. (a) IN GENERAL.--Subject to the auailability of appropriations, the Attorney General may expand the program authorized by section 242A(d) and 242(i) of the Immigration and Nationality Act to ensure that such aliens are immediately deportable upon their release from incarceration. (b) DETENTION AND REMOVAL OF CRIMINAL ALIENS.--Subject to the auailability of appropriations, the Attorney General may-- (I) construct or contract for the construction of 2 Immigra tion and Naturalization Service Processing Centers to detain criminal aliens; and (2) prouide for the detention and remoual of such aliens. (c) REPORT.--By September 30, 1996, and September 30, 1998the Attorney General shall report to the Congress on the programs referred to in subsections (a) and (b). The report shall include an eualuation of the programs, an outcome-based measurement of performance, and an analysis of the cost effectiveness of the additional resources provided under this Act. (d) AUTHO~I~ATION OF APPROPRIATIONS.--There are authorized to be appropriated to carry out this section-- (1) $55,000,000 for fiscal year 1995; (2) $54,000,000 for fiscal year 1996; (3) $49,000,000 for fiscal year 1997; and (4) $2,000,000 for fiscal year 1998. SEC. 130008. AUTHORITY TO ACCEPT CERTAIN ASSISTANCE. (a) IN GENERAL.--Subject to subsection (b) and notwithstanding any other prouision of law, the Attorney General, in the discretion of the Attorney General, may accept, hold, administer, and utilize gifits of property and services (which may not include cash assistance) from State and local governments for the purpose of assisting the Immigration and Naturalization Service in the transportation of deportable aliens who are arrested for misdemeanor or felony crimes under State or Federal law and who are either unlawfully within the United States or willing to submit to uoluntary departure under safeguards. Any property acquired pursuant to this section shall be acquired in the name of the United States. (b) LIMITATION.--The Attorney General shall terminate or rescind the exercise of the authority under subsection (a) if the Attorney General determines that the exercise of such authority has resulted in discrimination by law enforcement officials on the basis of race, color, or national origin. SEC. 130009. PASSPORT AND VISA OFFENSES PENALTIES IMPROVEMENT. (a) IN GENERAL.--Chapter 75 of title 18, United States Code, is amended-- (I) in section 1541 by striking "not more than $500 or im prisoned not more than one year" and inserting "under this title, imprisoned not more than 10 years"; (2) in each of sections 1542, 1543, and 1544 by striking "not more than $2,000 or imprisoned not more than fiue years" and inserting "under this title, imprisoned not more than 10 years"; 268 (3) in section 1545 by striking "not more than $2,000 or imprisoned not more than three years" and inserting "under this title, imprisoned not more than 10 years"; (4) in section 1546(a) by striking "fiue years" and inserting (5) in section 1546(b) by striking "in accordance with this title, or imprisoned not more than two years" and inserting "under this title, imprisoned not more than 5 years", and (6) by adding at the end the following new section: "1547. Alternative imprisonment maximum for certain offenses "Notwithstanding any other prouision of this title, the maximum term of imprisonment that may be imposed for an offense under this chapter (other than an offense under section 1545)-- "(1) if committed to facilitate a drug trafficking crime (as defined in 929(a)) is 15 years; and "(2) if committed to f2cilitate an act of international terror~sm (as defined in section 2331) is 20 years.". (b) TECHNICAL AMENDMENT.--The chapter analysis for chapter 75 of title 18, United States Code, is amended by adding at the end the following new item: "1547. Alternative imprisonment maximum for certain offenses." SEC. 130010. ASYLUIIL (a) FINDINGS.--The Senate finds that-- (1) in the last decade applications for asylum have greatly exceeded the original 5,000 annual limit provided in the Refugee Act of 1980, with more than 150,000 asylum applications filed in fiscal year 1993, and the backlog of cases growing to (2) this flood of asylum claims has swamped the system creating delays in the processing of applications of up to seueral years; (3) the delay in processing asylum claims due to the ouerwhelm~ng numbers has contributed to numerous problems, includ~ng-- (A) an abuse of the asylum laws by firaudulent appli cants whose primary interest is obtaining work authority inthe United States while their claim languishes in the backlogged asylum processing system; (B) the growth of alien smuggling operations, often in uolving organized crime; (C) a drain on limited resources resulting from the high cost of processing frivolous asylum claims through our multilayered system; and (D) an erosion of public support for asylum, which is a treaty obligation. (4) asylum, a safe haven protection for aliens abroad whocannot return home, has been perverted by some aliens who use asylum claims to circumvent our immigration and refugee laws and procedures; and (5) a comprehensive revision of our asylum law and procedures is required to address these problems. (b) POLICY.--It iS the sense of the Senate that-- 269 (1) asylum is a process intended to protect aliens in the United states who cannot safely return home; (2) persons outside their country of nationality who have a well-founded fear of persecution if they return should apply for refugee status at one of our refugee processing offices abroad; and (3) the immigration, refugee and asylum laws of the United States should be reformed to prouide-- (A) a procedure for the expeditious exclusion of any asylum applicant who arriues at a port-of-entry with fraudulent documents, or no documents, and makes a noncredible claim of asylum; and (B) the immigration, refugee and asylum laws of the United States should be reformed to prouide for a streamlined affirmatiue asylum processing system for asylum applicants who make their application after they have entered the United states. TITLE XIV--YOUTH VIOLENCE SEC. 140001. PROSECUTION AS ADULTS OF CERrAlN JUVENILES FOR CRIMES OF VIOLENCE. The 4th undesignated paragraph of section 5032 of title 18, United States Code, is amended by striking "; however" and inserting ". In the application of the preceding sentence, if the crime of violence is an offense under section 113(a), 113(b), 113(c), 1111, 1113, or, if the juvenile possessed a firearm during the offense, section 2111, 2113, 2241(a), or 2241(c), 'thirteen' shall be substituted for 'fifteen' and 'thirteenth' shall be substituted for 'fifiteenth'. Notwithstanding sections 1152 and 1153, no person subject to the criminal jurisdiction of an Indian tribal government shall be subject to the preceding sentence for any offense the Federal jurisdiction for which is predicated solely on Indian country (as defined in section 1151), and which has occurred within the boundaries of such Indian country, unless the governing body of the tribe has elected that the preceding sentenee have effect over land and persons subJect to its criminal jurisdiction. However". SEC. 140002. COMMENCEMENT OF JUVENILE PROCEEDING. Section 5032 of title 18, United States Code, is amended by striking "Any proceedings against a juvenile under this chapter or as an adult shall not be commenced until" and inserting "A juvenile shall not be transferred to adult prosecution nor shall a hearing be held under section sa37 (disposition after a finding of juvenile delinquency) until". SEC. 140003. SEPARATION OF JUVENILE FROMADULT OFFENDERS. Section 5039 of title 18, United states Code, is amended by inserting " whether purSUant to an adjudication of delinquency or conviction for an offense," after "committed" the first place it appears. 270 SEC 140004. BINDOVER SYSTEM FOR CERTAIN VIOLENT JWENILES. Section 501(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3751), as amended by section 100003, ~s amended- - (1) by striking "and" at the end of paragraph (21); 2! by striking the period at the end of paragraph (22) and ~nsert~ng; and"; and (3) by adding at the end the following new paragraph: "(23) programs that address the need for effective bindover systems for the prosecution of violent 16- and 17-year-old juve- niles ~n courts with jurisdiction over adults for the crimes of-- "(A) murder in the first degree; "(B) murder in the second degree; "(C) attempted murder; "(D) armed robbery when armed with a firearm; "(E) aggravated battery or assault when armed with a firearm; "(F) criminal sexual penetration when armed with a firearm- and "(G) drive-by shootings as described in section 36 of title 18, United States Code.". SEC. 140005. AUENDMENT CONCERNING RECORDS OF CRIMES COMMITTED BY JWENILES. Section 5038 of title 18, United States Code, is amended in subsect~on (f) by adding "or whenever a juvenille has been found guilty of committing an act after his 13th birthday which if committed by an adult would be an offense described in the second sentence of the fourth paragraph of section 5032 of this title," after "title 21,". SEC. 14000fi INCREASED PENALTIES FOR EMPLOnNG CHILDREN TO DISTRIBUTE DRUGS NEAR SCHOOLS AND PLAYGROUNDS. Section 419 of the Controlled Substances Act (21 U.S.C. 860) is amended-- (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following new sub sect~on: "(c) Notwithstanding any other law, any person at least 21years of age who knowingly and intentionally-- "(1) employs, hires, uses, persuades, induces, entices, or co erces a person under 18 years of age to violate this section; or(2) employs, hires, uses, persuades, induces, entices, or co erces a person under 18 years of age to assist in avoiding detection or apprehension for any offense under this section by any Federal, State, or local law enforcement official, ~s punishable by a term of imprisonment, a fine, or both, up to triple those authorized by section 401.". SEC 140007. INCREASED PENALTIES FOR TRAVEL ACT CRIMES INVOLVING VIOLENCE AND CONSPIRACY TO COA~:MIT CONTRACT ~LLINGS. (a) TRAVEL ACT PENALTIES.--Section 1952(a) of title 18, United States Code, is amended by striking "and thereafter performs or attempts to perform any of the acts specified in subparagraphs (1), (2), and (3), shall be fined not more than $10,000 or imprisoned for not 271 more than five years, or both." and inserting "and thereafter performs or attempts to perform-- "(A) an act described in paragraph (lJ or (3) shall be fined under this title, imprisoned not more than 5 years, or both; or "(B) an act described in paragraph (2) shall be fined under this title, imprisoned for not more than 20 years, or both, and if death results shall be imprisoned for any term of years or for life." (b) MURDER CONSPIRACY PENALTIES.--Section 1958(a) of title 18, United States Code, is amended by inserting "or who conspires to do so" before "shall be fined" the first place it appears. s.~ c-~08. SOLICITATION OF MINOR TO COMMIT CRIME. a. DIRECTIVE TO SENTENCING COMMISSION.~() The United St, S(-;l tencing Commission shall promulgate guidelines or an existing guidelines to provide that a defendant 21 years of age or older who has been convicted of an offense shall receive an appropriat sentence enhancement if the defendant inuolved a minor in the commission of the offense. ~ The Commission shall provide that the guideline enhanceme;, ~romulgate pursuant to paragraph (1) shall apply for any offer ~ relation to which the defendant has solicited, procured, recrl~ ea. counseled, encouraged, trained, directed, commanded, intilr jG~j'd, or otherwise used or attempted to use any person less th~ years of age with the intent that the minor would commit 1~ .ll offense. RELEVANT CONSIDERATIONS.--In implementing the directive ction (a), the Sentencing Commission shall consider-- (1) the severity of the crime that the defendant intended the ml nor to commit (2) the number of minors that the defendant used or attempted to use in relation to the offense (3) the fact that involving a minor in a crime of violence is frequently of even greater seriousness than involving a minor in a drug trafficking offense, for which the guidelines already provide a two-level enhancement, and (4) the possible relevance of the proximity in age between the offender and the minor(s) involved in the offense. TITLE XV- CRIMINAL STREET GANGS SEC 150001. CRIMINAL STREET GANGS. (a) IN GENERAL.--Part I of title 18, United States Code, is amended by inserting after chapter 25 the following new chapter: "CHAPTER 26--CRIMlNAL STREET GANGS "521. Criminal street gangs ~a) DEFINITIONS.-- " 'conviction' includes a finding, under State or Federal law, that a person has committed an act of juvenile delinquency involving a violent or controlled substances felony. " 'criminal street gang' means an ongoing group, club, organization, or association of 5 or more persons-- 272 "(A) that has as I of its primary purposes the commission of 1 or more of the criminal offenses described in subsection (c); "(B) the members of which engage, or have engaged within the past 5 years, in a continuing series of offenses described in subsection (c); and "(C) the activities of which affect interstate or foreign commerce. "(b) PENALTY.--The sentence of a person convicted of an offen described in subsection (c) shall be increased by up to 10 years i the offense is committed under the circumstances described in subsection (d). "(c) OFFENSES.--The offenses described in this section are-- "(1) a Federal ~elony involving a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) for which the maximum penalty is not less than 5 years; "(2) a Federal felony crime of violence thct has as an element the use or attempted use of physical force against the person of another; and "(3) a conspiracy to commit an offense described in paragraph (I) or (2). "(d) CIRCUMSTANCES.--The circumstances described in this section are that the offense described in subsection (c) was committed by a person who-- "(i) participates in a criminal street gang with knowledge that its members engage in or have engaged in a continuing series of offenses described in subsection (c); "(2) intends to promote or further the felonious activities the criminal street gang or maintain or increase his or her position in the gang; and "(3) has been convicted within the past 5 years for-- "(A) an offense described in subsection (c); "(B) a State offense-- "(i) involuing a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) for which the maximum penalty is not less than 5 years' imprisonment, or "(ii) that is a felony crime of violence that has as an element the use or attempted use of physical force against the person of another; "(C) any Federal or State felony offense that by its na- ture involves a substantial risk that physical force against the person of another may be used in the course of commit- ting the offense; or "(D) a conspiracy to commit an offense described in subparagraph (A), (B), or (C).". (b) TECHNICAL AMENDMENT.--The part analysis for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 25 the following new item: 26. Criminal Street gangs ............. 521: SEC. 15000a. ADULT PROSECUTION OF SERIOUS JUVENILE OFFEND- ERS. Section 5032 of title 18, United States Code, is amended-- 273 (l) in the first undesignated paragraph by striking "922(p)" and inserting "924(b), (g), or (h)" (2) in the fourth undesignated paragraph by inserting "orin section 924(b), (g), or (h) of this title," before "criminal prosecution" the first place it appears; and (3) 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 in favor of a transfer to adult status, but the absence of this factor shall not preclude such a transfer.". ~EC. 150003. ADDITION OF ANTI-GANG BYRNE GRANT FUNDING OBJECIVE. Section 501(b) of title I of the Omnibus Crime Control and Safe treets Act of 1968 (42 U.S.C. 3751(4)), as amended by section 140004, is amended-- (I) by striking "and" at the end of paragraph (22); (2) by striking the period at the end of paragraph (23) and inserting "; and', and (3) by adding at the end the following new paragrcph: "(24) law enforcement and prevention programs relating to gangs, or to youth who are involved or at risk of involvement in gangs. ". 5EC. 150004. JUVENILE DRUG rRAFFICIUNG AND GANG PREVENTION GRANTS. Part D of title II of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5631 et seq.) is amended-- (I) by redesignating subpart III as subpart IV; (2) by redesignating section 283 as section 284; and (3) by inserting after subpart II the following new subpart: 'Subpart III~Juvenile Drug Trafficking and Gang Prevention Grants FORMULA GRANTS SEC. 283. (a) AUTHORIZATION--The Administrator may make grants to States, units of general local government, private not-forprofit anticrime organizations, or combinations thereof to assist them in planning, establishing, operating, coordinating, and evalu~- ng projects, directly or through grants and contracts with public ~r7d private agencies, for the development of more effective programs in luding prevention and enforcement programs to reduce-- "(I) the formation or continuation of juvenile gangs; and "(2) the use and sale of illegal drugs by juveniles. "(b) PARTICULAR PURPOSES.--The grants made under this section can be used for any of the following specific purposes: "(V To reduce the participation of juveniles in drug-related crimes (including drug trafficking and drug use), particularly in and around elementary and secondary schools. 274 "(2) To reduce juvenile involvement in organized crime drug and gang-related activity, particularly activities that involve the distribution of drugs by or to juveniles. "(3) To develop within the juvenile justice system, including the juvenile corrections system, innovative means to address the problems of juveniles convicted of serious drug-related and gang-related offenses. "(4) To reduce juvenile drug and gang-related activity in public housing projects. "(5) To develop and provide parenting classes to parents of at-risk youth, giving parents the skills they need to provide adequate care and supervision of such youth and to counteract the influences leading youth to a life of gangs, crime, and drugs. "(6) To develop and provide training in methods of nonviolent dispute resolution to youth of junior high school and high school age. "(7) To reduce and prevent juvenile drug and gang-related activity in rural areas. "(8) To provide technical assistance and training to personnel and agencies responsible for the adjudicatory and corrections components of the juvenile justice system to-- "(A) identify drug-dependent or gang-involved juvenile offenders, and "(B) provide appropriate counseling and treatment to such offenders. "(9) To promote the involvement of all juveniles in lawful activities, including in-school and after-school programs for academic, athletic, or artistic enrichment that also teach that drug and gang involvement are wrong. "(10) To facilitate Federal and State cooperation with local school officials to develop education, prevention, and treatment programs for juveniles who are likely to participate in drug trafficking, drug use, or gang-related activities. "(11) To prevent juvenile drug and gang involvement in public housing projects through programs establishing youth sports and other activities, including girls' and boys' clubs, scout troops, and little leagues. "(12) To provide pre- and post-trial drug abuse treatment to juveniles in the juvenile justice system with the highest possible priority to providing drug abuse treatment to drug-dependent pregnant juveniles and drug-dependent juvenile mothers. violent dispute resolution to youth of junior high school and high school age. "(7) To reduce and prevent juvenile drug and gang-related activity in rural areas. "(8) To provide technical assistance and training to personnel and agencies responsible for the adjudicatory and corrections components of the juvenile justice system to-- "(A) identify drug-dependent or gang-involved juvenile offenders, and "(B) provide appropriate counseling and treatment to such offenders. "(9) To promote the involvement of all juveniles in lawful activities, including in-school and after-school programs for academic, athletic, or artistic enrichment that also teach that drug and gang involvement are wrong. "(10) To facilitate Federal and State cooperation with local school officials to develop education, prevention, and treatment programs for juveniles who are likely to participate in drug trafficking, drug use, or gang-related activities. "(11) To prevent juvenile drug and gang involvement in public housing projects through programs establishing youth sports and other activities, including girls' and boys' clubs, scout troops, and little leagues. "(12) To provide pre- and post-trial drug abuse treatment to juveniles in the juvenile justice system with the highest possible priority to providing drug abuse treatment to drug-dependent pregnant juveniles and drug-dependent juvenile mothers. "(13) To provide education and treatment programs for juveniles exposed to severe violence in their homes, schools, or neighborhoods. "(14) To establish sports mentoring and coaching programs in which athletes serve as role models for juveniles to teach that, athletics provides a positive alternative to drug and gang involvement. "AUTHORIZATION OF APPROPRIATIONS "SEC. 283A. There is authorized to be appropriated to carry out this subpart-- "(1) $15,000,000 for fiscal year 1996; 275 "(2) S21,000,000 for fiscal year 1997; "(3) S25,000,000 for fiscal year 1998; "(4) S30,000,000 for fiscal year 1999, and "(5) $34,000,000 for fiscal year 2000. "APPLICATION "SEC. 283B. (a) IN GENERAL.--Each State or entity applying for a ~rant under section 283 shall submit an a~Dlication to the Ad '-5 ministrator in such form and containing such information as the Administrator shall prescribe. "(b) REGULATIONS.--To the extent practicable, the Ad ministrator shall prescribe regulations governing applications for this subpart that are substantially similar to the regulations governing applications required under part D, including the regulations relatin~ to competit~on. "MENTAL HEALTH SCREENING "SEC. 283C. (a) SENSE OF THE CONGRESS.--It is the sense of the Congress that no child should have to be incarcerated in a State youth center or detention facility solely in order to receive mental health treatment. "(b) IN GENERAL.--Not later than 2 years after the date of enactment of this subpart, the Attorney General, acting through the Administrator of the Office of Juvenile Justice and Delinquency Preuention, in collaboration with the Secretary of Health and Human Services, acting through the Administrator of the Substance Abuse -and Mental Health Services Administration, shall, subject to the availability of appropriations-- "(1) study the nature and prevalence of mental illness among youth in the juvenile justice system at several different points in the system, including the arrest stage, the adjudication, and dispositional stage, and the commitment stage, such study to be based on the best available data and include reviews of existing studies by the Government Accounting Office, the Inspector General's office, and such other interested parties as are appropriate; "(2) develop a model system that the States can use to assess, diagnose, and treat the mental health needs of youth who come in contact with the juvenile justice system; and "(3) disseminate the results of the study and the model to each State's Juvenile Justice Aduisory Group. "(c) STUDY.--The study should include analysis of-- "(1) national preualence of rates of the different clinical categories of mental illness for youth who come in contact with the juvenile justice system; "(2) the prevalence of multiple mental disorders among youth who have come in contact with the juvenile justice system; "(3) recommendations to the Committee on the Judiciary of the Senate and the Committee on Education and Labor of the House of Representatiues on the appropriateness and need for further Federal action; and "(4) such other analysis as is appropriate. "~d) MODEL--The model should prouide-- 276 "(1) guidelines for accurate and timely assessment, diag nosis, and treatment at seueral different points in the juvenilejustice system including the arrest stage, the adjudication and dispositional stage, and the commitment stage; "(2) a method for fostering collaboration between the mental health agencies, juvenile justice agencies, educational agencies, social services agencies, substance abuse treatment agen cies, police, and families; "(3) a funding mechanism for implementing the model; and "(4) such otherguidelines as are appropriate.". SEC. 150005. GRANTS FOR YOUTH DEVELOPMENT CENTERS. Part B of title II of the Juvenile Justice and Delinquency Preuention Act of 1974 (42 U.S.C. 5631 et seq.), is amended-- (1) by inserting before section 221 the following heading: "Subpart I~uuenile Justice and Delinquency Prevention Formula Grant Program"; and (2) by adding at the end the following new subpart: "Subpart II--Youth Violence Prevention Block Grants SEC. 232. (a) IN GENERAL.--The Administrator of the Office of Juvenile Justice and Delinquency Prevention shall subject to availability of appropriations make grants to States to assist the States in planning, establishing, operating, coordinating, and evaluating programs directly or through grants and contracts with public and private agencies for the deuelopment of more effective education, training, research, prevention, diversion, treatment, and rehabilitation programs in the area of juvenile violence. "(b) ISSUES To BE ADDRESSED.--A program funded under subsection (a) shall address issues identified as contributing to youth violence, which may include-- "(1) conflict resolution programs in schools; "(2) alternatiues to school suspension; "(3) juvenile court diuersion programs; and "(4) other innovative projects. (c) ALLOCATION OF FUNDS.--The amount appropriated under this section for a fiscal year shall be allocated among the States by allocating to each State an amount that bears the same proportion to the amount appropriated as the number of residents of the State under the age of 18 years bears to the number of residents of all of the States under the age of 18 years. (d) ADMINISTRATION.--Grants made under this section shall be administered by the State office designated under section 507 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 ~S.C. 3757). (e) APPLICATIONS BY PUBLIC AND PRIVATE AGENCIES.-- (1) IN GENERAL.--A public or private agency desiring to re ceive a grant or enter into a contract under this subpart shallsubmit an application at such time, in such manner, and containing such information as the office described in subsection (d) may prescribe. 277 "(2) CONTENTS.--In accordance with guidelines established by the office described in subsection (d), an application under paragraph (1) shall-- "(A) set forth a program or activity for carrying out 1 or more of the purposes described in subsections (a) and (b) and specifically identify each such purpose that the program or activity is designed to carry out; "(B) provide that the program or activity will be administered by or under the supervision of the applicant; "(C) provide for the proper and efficient administration of the program or actiuity; ~!D) provide for regular evaluation of the program or activlty; "(E) provide an assurance that the proposed program or activity will supplement, not supplant, similar programs and activities already available in the community; "(F) describe how the program or activity will be coordinated with programs, activities, and services available locally; "(G) provide that regular reports on such program or activity shall be sent to the administering office named in subsection (d); and "(H) provide for such fiscal control and fund accounting procedures as may be necessary to ensure prudent use proper disbursement, and accurate accounting of funds received under this subpart. (f) MATCHING FUNDS REQuIREMENTs.-- "(1) FUNDS REcElVED uNDER THIS SUBPART.--Fund s received through a grant under this section may not be expended for more than 75 percent of the cost of any program that is so funded. "(2) FUNDS FROM OTHER SOURCES.--In providing for the 25 percent share of the cost of a program from other sources, a State-- "(A) shall provide for such share through a payment in cash or in kind, fairly evaluated, including facilities, equipment, or services; and "(B) may provide for such share through State sources, local sources, private sources, nonprofit sources, other Federal sources, or any combination of these sources. (gj AUTHORIZATION OF APPROPRL~TIONS.--There are authorized to be appropriated to carry out this section-- "(1) $5,000,000 for fiscal year 1996; "(2) $8,000,000 for fiscal year 1997; "(3) $10,000,000 for fiscal year 1998; "(4) $12,000,000 for fiscal year 1999; and "(5) $15,000,000 for fiscal year 2000.". SEC, 150006. MENTORING PROGRAM. Section 288C of part G of title II of the Juvenile Justice and Deli7lq7lency Prevention Act of 1974 is amended to read as follows: 278 REGULATIONS AND GUIDELINES "5EC. 288C. (a) PROGRAM GUIDELINES.--The Ad ministrator shall issue program guidelines to implement this part. The prograrn guidelines shall be effective only after a period for public notice and comment. "(b) MODEL SCREENING GUIDELINES.--The Administrator shall deuelop and distribute to program participants specific model guidelines for the screening of prospectiue program mentors.". SEC.150007. JUVENILE AN~ DRUG AND ANTI-GANG G~ANTS IN FEDER. A~,LY ASSISTED LOW-INCOME HOUSING. Grants authorized in this Act to reduce or preuent juvenile drug and gang-related actiuity in "public housing" may be used for such purposes in federally assisted, low-income housing. SEC. 150008. GANG INVESTIGATION COORDINATION AND INFORMA. TION COLLECTION. (a) COORDINATION.--The Attorney General (or the Attorney General's designee), in consultation with the Secretary of the Treasury (or the Secretary's designee), shall deuelop a national strategy to coordinate gang-related investigations by Federal law enforcement agenczes. (b) DATA COLLECTION.--The Director of the Federal Bureau of Investigation shall acquire and collect information on incidents of i gang violence for inclusion in an annual uniform crime report. (c) REPORT.--The Attorney General shall prepare a report on national gang violence outlining the strategy deueloped under subsection (a) to be submitted to the President and Congress by January 1, 1996. (d) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be appropriated to carry out this section-- (1) $1,000,000 for fiscal year 1996. SEC.150009. MULTIJURISDICTIONAL GANG TASK FORCES. Section 504(f) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by inserting "victims assistance programs, or multijurisdictional gang task forces" after "drug task forces". TITLE XVI- CHILD PORNOGRAPHY SEC. 160001. PENALTIES FOR INTERNATIONAL TRAFFICKING IN CHILD PORNOGRAPHY. (a) IMPORT RELATED OFFENSE.--Chapter 110 of title 18, United States Code, is amended by adding at the end the following new sectzon: "2258. Production of sexually explicit depictions of a minor for importation into the United States "(a) USE OF MINOR.--A person who, outside the United States, employs, uses, persuades, induces, entices, or coerces any minor to engage in, or who has a minor assist any other person to engage in, or who transports any minor with the intent that the minor engage in any sexually explicit conduct for the purpose of producing any visual depiction of such conduct, intending that the visual depiction 279 Will be imported into the United States or into waters within 12 miles of the coast of the United States, shall be punished as provided in subsection (c). "(b) USE OF VISUAL DEPICTION.--A person who, outside the United States, knowingly receives, transports, ships, distributes, sells, or possesses with intent to transport, ship, sell, or distribute any visual depiction of a minor engaging in sexually explicit condlu' (if the production of the visual depiction involved the use of a mim~r engaging in sexually explicit conduct), intending that the visual depiction will be imported into the United States or into waters within a distance of 12 miles of the coast of the United States, shall be .- ~n~shed as provided in subsection (c). PENALTIES.--A person who violates subsection (a) or (b), or conspires or attempts to do so-- "(1) shall be fined under this title, imprisoned not more ti~ n 10 years, or both; and "~2) if the person has a prior conviction under this chapter or chapter 109A, shall be fined under this title, imprisoned not more than 20 years, or both.". (b) TECHNICAL AMENDMENT.-- (1) CHAPTER ANALYSIS.--The chapter analysis for chapter 110 of title 18, United States Code, is amended by adding at the end the following new item: ?58. Production of sexually explicit depictions of a minor for importation into the United States.". (2) FINE PROVISIONS.--Section 2251(d) of title 18, United States Code, is amended-- (A) by striking "not more than $100,000, or" and in serting "under this title,"; (B) by striking "not more than $200,000, or" and in serting "under this title,", and (C) by striking "not more than $250,000" and inserting "under this title". (c) SECTION 2251 PENALTY ENHANCEMENT.--Section 2251(d) oftitZ 18, United States Code, is amended by striking "this section" the s.n~nd place it appears and inserting "this chapter or chapter 10.4 ~ "d" SECTION 2252 PENALTY ENHANCEMENT.--Section 2252(b)(1) of; tle 18, United States Code, is amended hy striking "this section" ~n( ln~erting "this chapter or chapter 109A". "e" CONSPIRACY AND ATTEMPT.--Sections 2251(d) and 2252(b) of tit.; 1~' United States Code, are each amended hy inserting ", or attem ~ts or conspires to violate," after "violates" each place it appears. "f" RIC0 AMENDMENT.--Section 1961(1) of title 18, United St~; es Code, is amended by striking "2251-2252" and inserting "22~; ~, 2251A, 2252, and 2258". "g" TRANSPORTATION OF MINORS.--Section 2423 of title 18, ; United States Code, is amended-- i (1) by striking "(a) Whoever" and inserting "(a) TRANSPOR TATION WITH INTENT TO ENGAGE IN CRIMlNAL SEXUAL ACTIV ITY.--A person who"; and (2) by adding at the end the following new subsection: (b) TRAVEL WITH INTENT TO ENGAGE IN SEXUAL ACT WITH A WENILE.--A person who travels in interstate commerce, or con- 280 spires to do so, or a United States citizen or an alien admitted for permanent residence in the United States who travels in foreign commerce, or conspires to do so, for the purpose of engaging in any sexual act (as defined in section 2245) with a person under 18 yearS of age that would be in violation of chapter 109A if the sexual act occurred in the special maritime and territorial jurisdiction of the United States shall be fined under this title, imprisoned not more than 10 years, or both.". SEG 160002. SENSE OF CONGRESS CONCERNING sTATE LEGIsLATIoN REGARDING CHILD PORNOGRAPHY. It is the sense of the Congress that each State that has not yet done so should enact legislation prohibiting the production, distribution, receipt, or simple possession of materials depicting a person under 18 years of age engaging in sexually explicit conduct (as defined in section 2256 of title 18, United States Code) and providing for a maxi~num imprisonment of at least 1 year and for the forfeiture of assets used in the commission or support of, or gained from, such offenses. SEC. 160003. CONFIRMATION OF INTENT OF CONGRESS IN ENACTING SECTIONS 2252 AND 225c OF TITLE l8, UNITED sTATES CODE. (a) DECLARATION.--The Congress declares that in enacting sections 2252 and 2256 of title 18, United States Code, it was and is the intent of Congress that-- (1) the scope of "exhibition of the genitals or pubic area" in section 2256(2)(E), in the definition of "sexually explicit conduct", is not limited to nude exhibitions or exhibitions in which the outlines of those areas were discernible through clothing; and (2) the requirements in section 2252(a) (1)(A), (2)(A), (3)(B)(i), and (4)(B)(i) that the production of a visual depiction involve the use of a minor engaging in "sexually explicit conduct" of the kind described in section 2256(2)(E) are satisfied if a person photographs a minor in such a way as to exhibit the child in a lascivious manner. (b) SENSE OF THE CONGRESS.--It is the sense of the Congress that in filing its brief in United States v. Knox, No. 92-1183, and thereby depriving the United States Supreme Court of the adverseness necessary for full and fair presentation of the issues arising in the case, the Department of Justic~ did not accurately reflect the intent of Congress in arguing that "the videotapes in [the Knox case] constitute ?ascivious exhibition[s] of the genitals or pubic area' only if those body parts are visible in the tapes and the minors posed or acted lasciviously.". 281 TITLE XVII~RIMES AGAINST CHILDREN Subtitle A~acob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act SEC 170101. ESTABLISHMENr OF PROGRAM. (a) IN GENERAL.-- (1) STATE GUIDELINES.--The Attorney General shall establish guidelines for State programs requiring any person who is convicted of a criminal offense against a ~ictim who is a minor, or of any other sexually violent offense to register a current address with a designated State law enforcement agency for 10 years after release from prison, or being placed on parole, supervised release, or probation. (2) DEFINITION.--For purposes of this subsection-- (A) the term "criminal offense against a victim who is a minor" means any criminal offense that consists of-- (i) kidnapping of a minor, except by a parent; (ii) false imprisonment of a minor, except by a par- ent; (iii) criminal sexual conduct toward a minor; (iv) solicitation of a minor to engage in sexual con- d uct; (u) use of a minor in a sexual performance; (ui) solicitation of a minor to practice prostitution; (uii) any conduct that by its nature is a sexual of- fense against a minor; or (uiii) an attempt to commit an offense described in any of clauses (i) through (vii), if the State-- (I) makes such an attempt a criminal offense; and (IV chooses to include such an offense in those which are criminal offenses against a victim who is a minor for the purposes of this section; and (B) the term "sexually violent offense" means any criminal offense that consists of aggravated sexual abuse or sexual abuse (as described in sections 2241 and 2242 of title 18, United States Code) or an offense that has as its elements engaging in physical contact with another person or us~ng or brand ishing a weapon aga~nst another person with intent to commit aggravated sexual abuse or sexual abuse (as described in sections 2241 and 2242 of title 18, United States Code). /o REGISTRATION REQUIREMENT UPON RELEASE, PAROLE, SuPERV~SED RELEASE, OR PROBATION.--An approved State registration program established under this section shall contain the following requirements: (1) DUTY OF STATE PRISON OFFICIAL OR COURT.--If a person who is required to register under this section is released from prison, or placed on parole, supervised release, or probation, a 282 State prison officer, or in the case of probation, the court, shall-- fA) inform the person of the duty to register and obtain3 the information required for such registration; (B) inform the person that if the person changes resi dence address, the person shall give the new address to a3 designated State law enforcement agency in writing within 10 days; (C) inform the person that if the person changes resi dence to another State, the person shall register the ne~v address with the law enforcement agency with whom the person last registered, and the person is also required to register with a designated law enforcement agency in the new State not later than 10 days after establishing residence in the new State, if the new State has a registration requirement (D) obtain fingerprints and a photograph of the person if these have not already been obtained in connection with the offense that triggers registration; and (E) require the person to read and sign a form stating that the duty of the person to register under this section has been explained. (2) TRANSFER OF INFORMATION TO STATE AND THE FBI. The officer, or in the case of a person placed on probation, t court, shall, within 3 days after receipt of information described in paragraph (1), forward it to a designated State law enforcement agency. The State law enforcement agency shall immediately enter the information into the appropriate State law en~ forcement record system and notify the appropriate law enforce ment agency having jurisdiction where the person expects to re- side. The State law enforcement agency shall also immediatelY transmit the conviction data and fingerprints to the Feder Bureau of Investigation. (3) ANNUAL VERlFICATION.~n each anniversary of a p son's initial registration date during the period in which theperson is required to register under this section, the designated State law enforcement agency shall mail a nonforwardable verification form to the last reported address of the person. The person shall mail the verification form to the designated State law enforcement agency within 10 days after receipt of the form. The verification form shall be signed by the person, and state that the person still resides at the address last reported to the designated State law enforcement agency. If the person fails to mail the verification form to the designated State law enforcement agency within 10 days after receipt of the form, the person shall be in violation of this section unless the person proves that the person has not changed his or her residence address. (4) NOTIFICATION OF LOCAL LAW ENFORcEMENT AGENCIES OF CHANGEs IN AnDREss.--Any change of address by a person required to register under this section reported to the designated State law enforcement agency shall immediately be reported to the appropriate law enforcement agency having jurisdiction where the person is residing. The designated law enforcement agency shall, if the person changes residence to another StateJ 283 notify the law enforcement agency with which the person must register in the new State, if the new State has a registration requirement. (5) PRIVACY OF DATA.--The information collected under a State registration program shall be treated as private data on individuals and may be disclosed only to law enforcement agencies for law enforcement purposes or to government agencies conducting confidential background checks with fingerprints. A law enforcement agency may release relevant information concerning a sex offender required to register under this section when such release of information is necessary to carry out law enforcement purposes or to notify the victims of the offender. (c) REGISTRATION FOR CHANGE OF ADDRESS TO ANOTHER STATE.--A person who has been convicted of an offense which triggered registration in a State shall register the new address with a designated law enforcement agency in another State to which the person moves not later than 10 days after such person establishes residence in the new State, if the new State has a registration requirement. (d) REGISTRATION FOR 10 YEARS.--A person required to register nder this section shall continue to comply with this section until i 0 years have elapsed since the person was released from prison, or laced on parole, supervised release, or probation. (e) PENALTY.--A person required to register under a State pro~am established pursuant to this section who knowingly fails to so ~ister and keep such registration current shall be subject to crimial penalties in any State in which the person has so failed. (f) IMMUNITY.--The State program shall provide appropriate egal immunity to law enforcement agencies. employees of law enrcement agencies, and State of ficials for go~,d faith and reasonably iligent conduct in carrying out the State program. .~g.J COMPLL~NCE.-- (1) CoMPLksNcE DATE.--Each State shall have 3 years from the date of the enactment of this Act in which to implement this section. (2) INELIGIBILITY FOR FUNDS.--The allocation of funds under section 506 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756) received by a State not complying with the guidelines issued under this section 3 years after the date of enactment of this Act may be reduced by the Attorney General by up to 10 percent and the unallocated funds shall be reallocated to the States in compliance with this section. Subtitle B--Assaults Against Children SEC. 170201. ASSAULTS AGAINST CHILDREN. (a) SIMPLE ASSAULT.--Section 113(e) of title 18, United States Code, is amended by inserting " or if the victim of the assault is an individual who has not attained the age of 16 years, by fine Under this title or imprisonment for not more than 1 year, or both" bef(,. ihe period. 284 (b) ASSAULTS RESULTING IN SUBSTANTIAL BODILY INJURY._ Section 113 of title 18, United States Code, is amended by addi at the end the following: "(7) Assault resulting in substantial bodily injury to an in. dividual who has not attained the age of 16 years, by fine und~ this title or imprisonment for not more than 5 years, or both,~ (c) TECHNICAL AND STYLISTIC CHANGES TO SECTION 113.~e tion 113 of title 18, United States Code, is amended-- (1) in paragraph (b), by striking "of not more than $3, and inserting "under this title"; (2) in paragraph (c), by striking "of not more than $1, and inserting "under this title"; (3) in paragraph (d), by striking "of not more than $ and inserting "under this title"; (4) by modifying the left margin of each of paragraph through (f) so that they are indented 2 ems; (5) by redesignating paragraphs (a) through (f) as F graphs (1) through (6); and (6) by inserting "(a)" before "Whoever". (3) in paragraph (d), by striking "of not more than $5 inserting "under this title"; (4) by modifying the left margin of each of paragraphs (a) ugh (f) so that they are indented 2 ems; (5) by redeslgnating paragraphs (a) through (f) as para- (d) DEFNITI NS.--Section il3 of title 18, United States CodA is amended by adding at the end the following: "~h)A.c~ in thi.c.e~Lh.~P~ti~n "(1) the term 'substantial bodily injury' means bodily inju which involves-- "(A) a temporary but substantial disfigurement; or "(B) a temporary but substantial loss or impairment the function of any bodily member, organ, or mental fa~ ulty; and "(2) the term 'serious bodily injury' has the meaning given that term in section 1365 of this title.". (e) ASSAULTS IN INDIAN COUNTRY.--Section 1153(a) of title 18,United States Code, is amended by inserting "(as defined in sectio~ 1365 of this title), an assault against an individual who has not at- tained the age of 16 years" after "serious bodily injury". Subtitle C--Missing and Exploited ~h~ldren SEC. 170301. SHORT TITLE. This subtitle may be cited as the "Morgan P. Hardiman Tas~ Force on Missing and Exploited Children Act". SEC. 170302. PURPOSE. The purpose of this subtitle is to establish a task force com prised of law enforcement officers from pertinent Federal agencies ' work with the National Center for Missing and Exploited Childre. (referred to as the "Center") and coordinate the provision of Federa law enforcement resources to assist State and local authorities in in~ vestigating the most difficult cases of missing and exploited children. SEC. 170303. ESTABLISHMENT OF TASK FORCE. Title IV of the Juvenile Justice and Delinquency Prevention ~ct of 1974 (42 U.S.C. 5771 et seq.) is amended-- (1) by redesignating sections 407 and 408 as sections 408 and 409, respectively; and 285 (2) by inserting after section 406 the following new section: "TASK FOPCE "SEC. 407. (a) ESTABLISHMENT.--There is established a Missing and Exploited Children's Task Force (referred to as the "Task Force"). (b) MEMBERSHIP.-- "(1) IN GENERAL.--The Task Force shall include at least 2 members from each of-- "(A) the Federal Bureau of Investigation; "(B) the Secret Service; "(C) the Bureau of Alcohol, Tobacco and Firearms; "(D) the United States Customs Service; "(E) the Postal Inspection Service; "(F) the United States Marshals Service; and "(G) the Drug Enforcement Administration. "(2) CHIEF.--A representative of the Federal Bureau ot Investigation (in addition to the members of the Task Force selected under paragraph (1)(A)) shall act as chief of the Task Force. "(3) SELEcTIoN.~A) The Director of the Federal Bureau of Investigation shall select the chief of the Task Force. "(B) The heads of the agencies described in paragraph (1) shall submit to the chief of the Task Force a list of at least 5 prospective Task Force members, and the chief shall select 2, or such greater number as may be agreeable to an agency head, as Task Force members. (4) PROFESSIONAL QUALIFICATIONS.--The members of the Task Force shall be law enforcement personnel selected for their expertise that would enable them to assist in the investigation of cases of missing and exploited children. "(5) STATUS.--A member of the Task Force shall remain an employee of his or her respective agency for all purposes (including the purpose of performance review), and his or her service on the Task Force shall be without interruption or loss of civil service privilege or status and shall be on a nonreimbursable basis. '(6) PERIOD OF SERVICE.~A) Subject to subparagraph (B), 1 member from each agency shall initially serve a 1-year term, and the other member from the same agency shall serve a 1year term, and may be selected to a renewal of service for 1 additional year; thereafter, each new member to serve on the Task Force shall serve for a 2-year period with the member's term of service beginning and ending in alternate years with the other member from the same agency; the period of service for the chief of the Task Force shall be 3 years. "(B) The chief of the Task Force may at any time request the head of an agency described in paragraph (1) to submit a list of 5 prospective Task Force members to replace a member of the Task Force, for the purpose of maintaining a Task Force membership that will be able to meet the demands of its caseload. (C) SUPPORT.-- ** No page found ** 286 '(1) IN GENERAL.--The Administrator of the General Services Administration, in coordination with the heads of the age; c~es described in subsection (b)(1), shall prouide the Task For office space and administrative and support services, such of~ space to be in close proximity to the office of the Center, so ~ to enable the Task Force to coordinate its activities with that ol the Center on a day-to-day basis. '(2) LEGAL GUIDANCE.--The Attorney General shall assig an ~ttorney to provide legal guidance, as needed, to members the ~ask Force. "(d) PURPOSE.-- "(1) IN GENERAL.--The purpose of the Task Force shall to rnake available the combined resources and expertise of t agencies described in paragraph (1) to assist State and lo( governmentS in the most difficult missing and exploited chd cases nationwide, as identified by the chief of the Task Fol from time to time, in consultation with the Center, and as mc addLtional cases as resources permit, including the provision assi9tance to State and local investigators on location in t, '(2) TECHNICAL AsslSTANCE.--The role of the Task Force any investigation shall be to provide advice and technical c sistance and to make available the resources of the agencies G scribed in subsection (b)(1), the Task Force shall not take leadership role in any such investigation. (e) CRoss-DEslGNATloN OF TASK FORCE MEMBERS.--The ~ torney General may cross-designate the members of the Task For tv~th JurLsdiction to enforce Federal law related to child abductu to the extent necessary to accomplish the purposes of this section. TITLE XVIII--RURAL CRIME Subtitle A--Drug Traffic~ing in Rural Areas SEC. 180101. AuTHORIZATIONS FOR RURAL LAW ENFORCEMENT AGEN CIES. (a) A UTHORIZATION OF APPROPRIATIONS.--Section 1001(a)(9) of t~tle I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended to read as follows: "(9) ~here are authorized to be appropriated to carry out part "(A) $24,000,000 for fiscal year 1996; "~B) $40,000,000 for fiscal year 1997; '(C) $50,000,000 for fiscal year 1998; "~D) $60,000,000 for fiscal year 1999; and "(E) $66,000,000 for fiscal year 2000.". (b) A~MENDMENT TO BASE ALLOCATION.--Section 1501(a)(2)(A~ of title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by striking "$100,000" and inserting "$250,000". (c) Cl,ARIFICATION.--Section 1501(b) of title I of the Omnibus Crlme Control and Safe Streets Act of 1968 (42 U.S.C. 3796bb(h)) 287 is amended by inserting " based on the decennial census of 1990 through fiscal year 1997" before the period. SEC. 180102. RuRAL cRIME AND DRUG ENFORCEMENT TASK FORCES. ,'a) ESTABLISHMENT.--The Attorney General, in consultation With the Governors, mayors, and chief executive officers of State and local law enforcement agencies, may establish a Rural Crime and Drug Enforcement Task Force in judicial districts that encompass significant rural lands. Assets seized as a result of investigations initiated by a Rural Crime and Drug Enforcement Task Force and forfeited under Federal law shall be used, consistent with the guidelines on equitable sharing established by the Attorney General and of the Secretary of the Treasury, primarily to enhance the operations of the task force and its participating State and local law enforcement agenc~es. ~, TASK FORCE MEMBERSHIP.--The Task Forces established under subsection (a) shall be carried out under policies and procedures established by the Attorney General. The Attorney General may deputize State and local law enforcement officers and may cross-designate up to 100 Federal law enforcement officers, when necessary to undertake investigations pursuant to section 503(a) of the Controlled Substances Act (21 U.S.C. 873(a)) or offenses punishable by a term of imprisonment of 10 years or more under title 18, United States Code. The task forces-- (1) shall include representatives from-- (A) State and local law enforcement agencies; (B) the office of the United States Attorney for the judicial district; and (C) the Federal Bureau of Investigation, the Drug Enforcement Administration, the Immigration and Naturalization Service, and the United States Marshals Service; and (2) may include representatives of other Federal law enforcement agencies, such as the United States Customs Service, United States Park Police, United States Forest Service, Bureau of Alcohol, Tobacco, and Firearms, and Bureau of Land Management. IBl) 103. RURAL DRUG ENFORCEMENT TRAINING. ~P~CIALIZED TRAINING FOR RURAL OFFICERS.--The Director 'ederal Law Enforcement Training Center shall develop a ' course of instruction devoted to training law enforcement n rural agencies in the investigation of drug trafficking : crimes. :;~HORIZATION OF APPROPRIATIONS.--There are authorized ~priated to carry out subsection (a)-- $1,000,000 for fiscal year 1996; ------------------------------ Cut here ------------------------------