DP Tool Club 17/CD_ASCQ_17_101194.iso/vrac/hr_3355a.zip/CRMBIL_3.TXT

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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.".

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(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
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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
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"(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 ------------------------------