Text: S.1241 — 102nd Congress (1991-1992)All Information (Except Text)

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Calendar No. 110
102d CONGRESS
1st Session
S. 1241
A BILL
To control and reduce violent crime.
June 6 (legislative day, JUNE 3), 1991
Read twice and ordered placed on the calendar
S 1241 PCS
Calendar No. 110
102d CONGRESS
1st Session
S. 1241
To control and reduce violent crime.
IN THE SENATE OF THE UNITED STATES
June 6 (legislative day, JUNE 3), 1991
Mr. BIDEN introduced the following bill; which was read twice and ordered
to be placed on the calendar
A BILL
To control and reduce violent crime.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `Violent Crime Control Act of 1991'.
SEC. 2. TABLE OF CONTENTS.
  The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--SAFER STREETS AND NEIGHBORHOODS
Sec. 101. Short title.
Sec. 102. Grants to State and local agencies.
Sec. 103. Continuation of Federal-State funding formula.
TITLE II--DEATH PENALTY
Sec. 201. Short title.
Sec. 202. Constitutional procedures for the imposition of the sentence
of death.
Sec. 203. Specific offenses for which death penalty is authorized.
Sec. 204. Applicability to uniform code of military justice.
Sec. 205. Death penalty for murder by a Federal prisoner.
Sec. 206. Death penalty for civil rights murders.
Sec. 207. Racial Justice Act of 1991.
TITLE III--DEATH PENALTY FOR MURDER OF LAW ENFORCEMENT OFFICER ACT
Sec. 301. Death penalty for the murder of Federal law enforcement officials.
Sec. 302. Death penalty for the murder of State officials assisting Federal
law enforcement officials.
TITLE IV--DEATH PENALTY FOR DRUG CRIMINALS ACT
Sec. 401. Short title.
Sec. 402. Death penalty for certain drug criminals.
Sec. 403. Drug distribution conspiracies.
Sec. 404. Drug import and export conspiracies.
Sec. 405. Drug distribution to minors, near schools, or by employing minors.
Sec. 406. Export and import of major drug quantities.
Sec. 407. Distribution of major drug quantities.
TITLE V--PREVENTION AND PUNISHMENT OF TERRORIST ACTS
Subtitle A--Aviation Terrorism
Sec. 501. Implementation of the 1988 protocol for the suppression of unlawful
acts of violence at airports serving international civil aviation.
Sec. 502. Amendment to Federal Aviation Act.
Sec. 503. Preventing acts of terrorism against civilian aviation.
Subtitle B--Maritime Terrorism
Sec. 511. Short title for subtitle B.
Sec. 512. Findings.
Sec. 513. Statement of purpose.
Sec. 514. Offenses of violence against maritime navigation or fixed platforms.
Sec. 515. Clerical amendments.
Sec. 516. Effective dates.
Sec. 517. Territorial sea extending to twelve miles included in special
maritime and territorial jurisdiction.
Sec. 518. Assimilated crimes in extended territorial sea.
Sec. 519. Jurisdiction over crimes against United States nationals on certain
foreign ships.
Subtitle C--Terrorism Offenses and Sanctions
Sec. 521. Torture.
Sec. 522. Weapons of mass destruction.
Sec. 523. Homicides and attempted homicides involving firearms in Federal
facilities.
Sec. 524. Penalties for international terrorist acts.
Sec. 525. Terrorist Death Penalty Act.
Subtitle D--Preventing Domestic and International Terrorist Acts
Part I--Attacking the Infrastructure of Terrorist Organizations
Sec. 531. Providing material support to terrorists.
Sec. 532. Forfeiture of assets used to support terrorists.
Part II--Cooperation of Witnesses in Terrorist Investigations
Sec. 541. Short title.
Sec. 542. Alien witness cooperation.
Sec. 543. Conforming amendment.
Subtitle E--Preventing Economic Terrorism
Sec. 551. Counterfeiting U.S. currency abroad.
Sec. 552. Economic terrorism task force.
Subtitle F--Authorizations To Expand Counterterrorist Operations by Federal
Agencies
Sec. 561. Authorizations of appropriations.
TITLE VI--DRIVE-BY SHOOTING ACT
Sec. 601. Short title.
Sec. 602. New offense for the indiscriminate use of weapons to further
drug conspiracies.
TITLE VII--ASSAULT WEAPONS
Sec. 701. Short title.
Sec. 702. Unlawful acts.
Sec. 703. Definitions.
Sec. 704. Secretary to recommend designation as assault weapon.
Sec. 705. Enhanced penalties.
Sec. 706. Disability.
Sec. 707. Study by Attorney General.
Sec. 708. Penalties for improper transfer, stealing firearms, or smuggling
an assault weapon in drug-related offense.
Sec. 709. Sunset provision.
TITLE VIII--POLICE CORPS AND LAW ENFORCEMENT TRAINING AND EDUCATION ACT
Sec. 801. Short title.
Sec. 802. Purposes.
Sec. 803. Establishment of office of the police corps and law enforcement
education.
Sec. 804. Designation of lead agency and submission of State plan.
Subtitle A--Police Corps Program
Sec. 811. Definitions.
Sec. 812. Scholarship assistance.
Sec. 813. Selection of participants.
Sec. 814. Police corps training.
Sec. 815. Service obligation.
Sec. 816. State plan requirements.
Sec. 817. Authorization of appropriations.
Subtitle B--Law Enforcement Scholarship Program
Sec. 821. Definitions.
Sec. 822. Allotment.
Sec. 823. Program established.
Sec. 824. Scholarships.
Sec. 825. Eligibility.
Sec. 826. State plan requirements.
Sec. 827. Local application.
Sec. 828. Scholarship agreement.
Sec. 829. Authorization of appropriations.
Subtitle C--Reports
Sec. 831. Reports to Congress.
TITLE IX--POLICE OFFICERS' BILL OF RIGHTS ACT OF 1991
Sec. 901. Short title.
Sec. 902. Rights of law enforcement officers.
TITLE X--FEDERAL LAW ENFORCEMENT AGENCIES
Sec. 1001. Short title.
Sec. 1002. Authorization for Federal law enforcement agencies.
TITLE XI--HABEAS CORPUS REFORM ACT
Sec. 1101. Short title.
Sec. 1102. Special habeas corpus procedures in capital cases.
Sec. 1103. Law applicable in chapter 153 proceedings.
TITLE XII--PUNISHMENT OF GUN CRIMINALS
Sec. 1201. Short title.
Subtitle A--Increased Penalties for Gun Offenses
Sec. 1211. Death penalty for gun murders.
Sec. 1212. Increased penalties for violent gun crimes.
Subtitle B--Firearms and Related Amendments
Sec. 1221. Possession of an explosive during the commission of a felony.
Sec. 1222. Clarification of definition of conviction.
Sec. 1223. Permitting consideration of pretrial detention for certain firearms
and explosives offenses.
Sec. 1224. Smuggling firearms in aid of drug trafficking.
Sec. 1225. Theft of firearms and explosives.
Sec. 1226. Conforming amendment providing mandatory revocation of supervised
release for possession of a firearm.
Sec. 1227. Increased penalty for knowingly false, material statement in
connection with the acquisition of a firearm from a licensed dealer.
Sec. 1228. Statute of limitations for certain gangster weapon offenses.
Sec. 1229. Possession of explosives by felons and others.
Sec. 1230. Summary destruction of explosives subject to forfeiture.
Sec. 1231. Summary forfeiture of unregistered National Firearms Act weapons.
Sec. 1232. Disposition of forfeited firearms.
Sec. 1233. Elimination of outmoded language relating to parole.
Sec. 1234. Possession of stolen firearms.
Sec. 1235. Using a firearm in the commission of counterfeiting or forgery.
Sec. 1236. Mandatory penalty for firearms possession by violent felons and
serious drug offenders.
Sec. 1237. Reporting of multiple firearms sales.
Sec. 1238. Possession of stolen firearms and explosives.
Sec. 1239. Receipt of firearms by nonresident.
Sec. 1240. Firearms and explosives conspiracy.
Sec. 1241. Theft of firearms or explosives from licensee.
Sec. 1242. Disposing of explosives to prohibited persons.
Sec. 1243. Clarification of `burglary' under the armed career criminal statute.
Sec. 1244. Clarification of penalty enhancement.
Sec. 1245. Bar on sale of firearms and explosives to or possession of firearms
and explosives by persons convicted of a violent or serious drug misdemeanor.
Subtitle C--Prohibited Gun Clips and Magazines
Sec. 1251. Findings.
Sec. 1252. Certain ammunition clips and magazines defined as firearms.
Sec. 1253. Definition of ammunition feeding device.
Sec. 1254. Prohibitions applicable to ammunition feeding devices.
Sec. 1255. Identification markings for ammunition feeding devices.
Sec. 1256. Criminal penalties.
Sec. 1257. Noninterruption of business for persons in the business of
importing or manufacturing ammunition feeding devices.
TITLE XIII--PRISON FOR VIOLENT DRUG OFFENDERS
Sec. 1301. Regional prisons.
TITLE XIV--BOOT CAMPS
Sec. 1401. Boot camps.
TITLE XV--YOUTH VIOLENCE ACT
Subtitle A--Increasing Penalties for Employing Children to Distribute Drugs
Near Schools and Playgrounds
Sec. 1501. Strengthening Federal penalties.
Subtitle B--Antigang Grants
Sec. 1511. Grant program.
Sec. 1512. Conforming amendments.
Subtitle C--Juvenile Penalties
Sec. 1521. Treatment of violent juveniles as adults.
Sec. 1522. Serious drug offenses by juveniles as Armed Career Criminal
Act predicates.
TITLE XVI--RURAL CRIME AND DRUG CONTROL ACT
Subtitle A--Fighting Drug Trafficking in Rural Areas
Sec. 1601. Authorizations for rural law enforcement agencies.
Sec. 1602. Rural drug enforcement task forces.
Sec. 1603. Cross-designation of Federal officers.
Sec. 1604. Rural drug enforcement training.
Subtitle B--Increasing Penalties for Certain Drug Trafficking Offenses
Sec. 1611. Short title.
Sec. 1612. Strengthening Federal penalties.
Subtitle C--Rural Drug Prevention and Treatment
Sec. 1621. Rural substance abuse treatment and education grants.
Sec. 1622. Clearinghouse program.
Subtitle D--Rural Land Recovery Act
Sec. 1631. Director of rural land recovery.
Sec. 1632. Prosecution of clandestine laboratory operators.
TITLE XVII--DRUG EMERGENCY AREAS ACT OF 1991
Sec. 1701. Short title.
Sec. 1702. Drug emergency areas.
TITLE XVIII--DRUNK DRIVING CHILD PROTECTION ACT
Sec. 1801. Short title.
Sec. 1802. State laws applied in areas of Federal jurisdiction.
Sec. 1803. Common carriers.
Sec. 1804. Sense of Congress concerning child custody and visitation rights.
TITLE XIX--COMMISSION ON CRIME AND VIOLENCE
Sec. 1901. Establishment of commission.
Sec. 1902. Purpose.
Sec. 1903. Responsibilities of the commission.
Sec. 1904. Commission members.
Sec. 1905. Administrative provisions.
Sec. 1906. Report.
Sec. 1907. Termination.
TITLE XX--PROTECTION OF CRIME VICTIMS
Sec. 2001. Short title.
Sec. 2002. Availability of funds.
Sec. 2003. Amendment of restitution provisions.
TITLE XXI--CRACK HOUSE EVICTION ACT
Sec. 2101. Eviction from places maintained for manufacturing, distributing,
or using controlled substances.
Sec. 2102. Use of civil injunctive remedies, forfeiture sanctions, and other
remedies against drug offenders.
TITLE XXII--ORGANIZED CRIME AND DANGEROUS DRUGS DIVISION
Subtitle A--Establishment of an Organized Crime and Dangerous Drugs Division
in the Department of Justice
Sec. 2201. Short title.
Sec. 2202. Findings.
Sec. 2203. Purposes.
Sec. 2204. Establishment of organized crime and dangerous drugs division.
Sec. 2205. Assistant Attorney General for organized crime and dangerous drugs.
Sec. 2206. Deputy Assistant Attorney General.
Sec. 2207. Administrative organization of the division.
Sec. 2208. Coordination and enhancement of field activities.
Subtitle B--International Prosecution Teams
Sec. 2211. International prosecution teams.
TITLE XXIII--EXCLUSIONARY RULE
Sec. 2301. Searches and seizures pursuant to an invalid warrant.
TITLE XXIV--DRUG TESTING
Sec. 2401. Federal prisoner drug testing.
TITLE XXV--MAXIMUM PENALTY INCREASES FOR VIOLENT CRIMES
Sec. 2501. Increase in maximum penalty for assault.
Sec. 2502. Increased maximum penalty for manslaughter.
Sec. 2503. Increased maximum penalties for civil rights violations.
Sec. 2504. Increased penalty for Travel Act violations.
Sec. 2505. Increased penalty for conspiracy to commit murder for hire.
Sec. 2506. Equitable sharing proceeds.
TITLE XXVI--OBSTRUCTION OF JUSTICE
Sec. 2601. Protection of court officers and jurors.
Sec. 2602. Prohibition of retaliatory killings of witnesses, victims and
informants.
TITLE XXVII--BRADY HANDGUN VIOLENCE PREVENTION ACT
Sec. 2701. Short title.
Sec. 2702. Waiting period required before purchase of handgun.
Sec. 2703. Grants for the improvement of criminal records and to defray the
costs of background checks.
TITLE I--SAFER STREETS AND NEIGHBORHOODS
SEC. 101. SHORT TITLE.
  This title may be cited as the `Safer Streets and Neighborhoods Act of 1991'.
SEC. 102. GRANTS TO STATE AND LOCAL AGENCIES.
  Paragraph (5) of section 1001(a) of part J of title I of the Omnibus Crime
  Control and Safe Streets Act of 1968 is amended to read as follows:
  `(5) There are authorized to be appropriated $1,000,000,000 for fiscal
  year 1992 and such sums as may be necessary in fiscal years 1993 and 1994
  to carry out the programs under parts D and E of this title.'.
SEC. 103. CONTINUATION OF FEDERAL-STATE FUNDING FORMULA.
  Section 504(a)(1) of part E of title I of the Omnibus Crime Control and
  Safe Streets Act of 1968, as amended by section 211 of the Department of
  Justice Appropriations Act, 1990 (Public Law 101-162) and section 601 of
  the Crime Control Act of 1990 (Public Law 101-647), is amended by striking
  `1991' and inserting `1992'.
TITLE II--DEATH PENALTY
SEC. 201. SHORT TITLE.
  This title may be cited as the `Federal Death Penalty Act of 1991'.
SEC. 202. CONSTITUTIONAL PROCEDURES FOR THE IMPOSITION OF THE SENTENCE
OF DEATH.
  (a) IN GENERAL- Part II of title 18 of the United States Code is amended
  by adding the following new chapter after chapter 227:
`CHAPTER 228--DEATH SENTENCE
`Sec.
`3591. Sentence of death.
`3592. Mitigating and aggravating factors to be considered in determining
whether a sentence of death is justified.
`3593. Special hearing to determine whether a sentence of death is justified.
`3594. Imposition of a sentence of death.
`3595. Review of a sentence of death.
`3596. Implementation of a sentence of death.
`3597. Use of State facilities.
`3598. Special provisions for Indian country.
`Sec. 3591. Sentence of death
  `A defendant who has been found guilty of--
  `(1) an offense described in section 794 or section 2381 of this title;
  `(2) an offense described in section 1751(c) of this title, if the offense,
  as determined beyond a reasonable doubt at the hearing under section 3593,
  constitutes an attempt to kill the President of the United States and
  results in bodily injury to the President or comes dangerously close to
  causing the death of the President; or
  `(3) any other offense for which a sentence of death is provided, if the
  defendant, as determined beyond a reasonable doubt at the hearing under
  section 3593--
  `(A) intentionally killed the victim;
  `(B) intentionally inflicted serious bodily injury that resulted in the
  death of the victim;
  `(C) intentionally participated in an act, contemplating that the life
  of a person would be taken or intending that lethal force would be used
  in connection with a person, other than one of the participants in the
  offense, and the victim died as a direct result of the act; or
  `(D) intentionally and specifically engaged in an act, knowing that the act
  created a grave risk of death to a person, other than one of the participants
  in the offense, such that participation in the act constituted a reckless
  disregard for human life and the victim died as a direct result of the act,
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 section 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.
`Sec. 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
  (as defined in section 2 of title 18 of the United States Code) 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) FORSEEABILITY- The defendant could not reasonably have foreseen
  that the defendant's conduct in the course of the commission of murder,
  or other offense resulting in death for which the defendant was convicted,
  would cause, or would create a grave risk of causing, death to any person.
  `(5) YOUTH- The defendant was youthful, even though not under the age of 18.
  `(6) NO PRIOR CRIMINAL RECORD- The defendant did not have a significant
  prior criminal record.
  `(7) DISTURBANCE- The defendant committed the offense under severe mental
  or emotional disturbance.
  `(8) OTHER DEFENDANTS- Another defendant or defendants, equally culpable
  in the crime, will not be punished by death.
  `(9) VICTIM'S CONSENT- The victim consented to the criminal conduct that
  resulted in the victim's death.
  `(10) OTHER FACTORS- Other factors in the defendant's background or
  character that mitigate against imposition of the death sentence.
  `(b) AGGRAVATING FACTORS FOR ESPIONAGE AND TREASON- In determining whether a
  sentence of death is justified for an offense described in section 3591(1),
  the jury, or if there is no jury, the court, shall consider each of the
  following aggravating factors 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.
The jury, or if there is no jury, the court, may consider whether any other
aggravating factor exists.
  `(c) AGGRAVATING FACTORS FOR HOMICIDE AND FOR ATTEMPTED MURDER OF THE
  PRESIDENT- In determining whether a sentence of death is justified for an
  offense described in section 3591 (2) or (3), the jury, or if there is no
  jury, the court, shall consider each of the following aggravating factors
  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 flight from the commission of, 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 in interstate commerce for certain purposes),
  section 844(f) (destruction of Government property in interstate commerce
  by explosives), section 1118 (prisoners serving life term), section 1201
  (kidnaping), or section 2381 (treason) of this title, or section 902 (i)
  or (n) of the Federal Aviation Act of 1958 (49 U.S.C. 1472 (i) or (n))
  (aircraft piracy).
  `(2) 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.
  `(3) PREVIOUS CONVICTION OF OTHER SERIOUS OFFENSES- The defendant has
  previously been convicted of two or more Federal or State offenses,
  punishable by a term of imprisonment of more than one year, committed on
  different occasions, involving the infliction of, or attempted infliction
  of, serious bodily injury or death upon another person.
  `(4) 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 one or more
  persons in addition to the victim of the offense.
  `(5) HEINOUS, CRUEL, OR DEPRAVED MANNER OF COMMITTING OFFENSE- The defendant
  committed the offense in an especially heinous, cruel, or depraved manner
  in that it involved torture or serious physical abuse to the victim.
  `(6) PROCUREMENT OF OFFENSE BY PAYMENT- The defendant procured the
  commission of the offense by payment, or promise of payment, of anything
  of pecuniary value.
  `(7) PECUNIARY GAIN- The defendant committed the offense as consideration
  for the receipt, or in the expectation of the receipt, of anything of
  pecuniary value.
  `(8) SUBSTANTIAL PLANNING AND PREMEDITATION- The defendant committed the
  offense after substantial planning and premeditation to cause the death
  of a person or commit an act of terrorism.
  `(9) CONVICTION FOR TWO FELONY DRUG OFFENSES- The defendant has previously
  been convicted of two 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.
  `(10) VULNERABILITY OF VICTIM- The victim was particularly vulnerable due
  to old age, youth, or infirmity.
  `(11) CONVICTION FOR SERIOUS FEDERAL DRUG OFFENSES- The defendant had
  previously been convicted of violating title II or title III 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.
  `(12) 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 and that violation involved the distribution of drugs to
  persons under the age of 21 in violation of section 418 of such Act.
  `(13) 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) of this title,
  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 is engaged in the performance of his official duties;
  `(ii) because of the performance of his official duties; or
  `(iii) because of his status as a public servant.
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.
The jury, or if there is no jury, the court, may consider whether any other
aggravating factor exists.
`Sec. 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,
  or at such time thereafter as the court may permit upon a showing of good
  cause, 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 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 if--
  `(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;
  `(C) the jury that determined the defendant's guilt was discharged for
  good cause; or
  `(D) after initial imposition of a sentence under this section,
  reconsideration of the sentence under this section is necessary; or
  `(3) before the court alone, upon the motion of the defendant and with
  the approval of the attorney for the government.
A jury impaneled pursuant to paragraph (2) shall consist of twelve members,
unless, at any time before the conclusion of the hearing, the parties
stipulate, with the approval of the court, that it shall consist of a
lesser number.
  `(c) PROOF OF MITIGATING AND AGGRAVATING FACTORS- Notwithstanding rule
  32(c) of the Federal Rules of Criminal Procedure, when a defendant is found
  guilty or pleads guilty to an offense under section 3591, no presentence
  report shall be prepared. At the sentencing hearing, information may
  be presented as to any matter relevant to the sentence, including any
  mitigating or aggravating factor permitted or required to be considered
  under section 3592. Information presented may include the trial transcript
  and exhibits if the hearing is held before a jury or judge not present
  during the trial. The defendant may present any information relevant to
  a mitigating factor. The government may present any information relevant
  to an aggravating factor, subject to the Federal Rules of Evidence and
  Federal Rules of Criminal Procedure. The government and the defendant shall
  be permitted to rebut any information received at the hearing, and shall
  be given fair opportunity 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 any 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 information.
  `(d) RETURN OF SPECIAL FINDINGS- The jury, or if there is no jury, the
  court, shall consider all the information received during the hearing. It
  shall return special findings identifying any aggravating factor or factors
  set forth in section 3592 found to exist and any other aggravating factor
  for which notice has been provided under subsection (a) found to exist. A
  finding with respect to a mitigating factor may be made by one 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 regardless of the number of jurors who concur that the factor has
  been established. A finding with respect to any aggravating factor must be
  unanimous. If no aggravating factor set forth in section 3592 is found to
  exist, the court shall impose a sentence other than death authorized by law.
  `(e) RETURN OF A FINDING CONCERNING A SENTENCE OF DEATH- If, in the case of--
  `(1) an offense described in section 3591(1), an aggravating factor required
  to be considered under section 3592(b) is found to exist; or
  `(2) an offense described in section 3591 (2) or (3), an aggravating factor
  required to be considered under section 3592(c) is found to exist,
the jury, or if there is no jury, the court, shall consider whether all the
aggravating factor or factors found to exist sufficiently outweigh all the
mitigating factor or factors found to exist to justify a sentence of death,
or, in the absence of a mitigating factor, whether the aggravating factor or
factors alone are sufficient to justify a sentence of death. Based upon this
consideration, the jury by unanimous vote, or if there is no jury, the court,
shall recommend whether a sentence of death shall be imposed rather than a
lesser sentence. The jury or the court, if there is no jury, regardless of
its findings with respect to aggravating and mitigating factors, is never
required to impose a death sentence, and the jury shall be so instructed.
  `(f) SPECIAL PRECAUTION TO ENSURE AGAINST DISCRIMINATION- In a hearing
  held before a jury, the court, prior to the return of a finding under
  subsection (e), shall instruct the jury that, in considering whether a
  sentence of death is justified, it shall not consider 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 origin, 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 race, color, religious beliefs,
  national origin, or sex of the defendant or any victim may be.
`Sec. 3594. Imposition of a sentence of death
  `Upon a finding under section 3593(e) that a sentence of death is
  justified, the court shall sentence the defendant to death. Otherwise,
  the court shall impose any sentence other than death that is authorized
  by law. Notwithstanding any other provision of law, if the maximum term
  of imprisonment for the offense is life imprisonment, the court may impose
  a sentence of life imprisonment without parole.
`Sec. 3595. Review of a sentence of death
  `(a) APPEAL- In a case in which a sentence of death is imposed, the
  sentence shall be subject to review by the court of appeals upon 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--
  `(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(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 influence of passion,
  prejudice, or any other arbitrary factor;
  `(B) the admissible evidence adduced does not support the special finding
  of the existence of the required aggravating factor; or
  `(C) other legal error requires reversal of the sentence of death,
the court shall remand the case for reconsideration under section 3593 or
imposition of a sentence other than death.
  `(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.
`Sec. 3596. Implementation of a sentence of death
  `(a) IN GENERAL- A person who has been sentenced to death pursuant to
  the provisions of 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
  such 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.
  `(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--
  `(1) cannot understand the nature of the pending proceedings, what such
  person was tried for, the reason for the punishment, or the nature of the
  punishment; or
  `(2) lacks the capacity to recognize or understand facts which would make
  the punishment unjust or unlawful, or lacks the ability to convey such
  information to counsel or to the court.
`Sec. 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 or the Federal Bureau of Prisons and no
  employee providing services to that department or bureau under contract shall
  be required, as a condition of that employment or contractual obligation,
  to be in attendance at or to participate in any execution carried out
  under this section if such participation is contrary to the moral or
  religious convictions of the employee. For purposes of this subsection,
  the term `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 of this title, 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 such 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) AMENDMENT OF CHAPTER ANALYSIS- The chapter analysis of part II of title
  18, United States Code, is amended by adding the following new item after
  the item relating to chapter 227:
3591'.
SEC. 203. SPECIFIC OFFENSES FOR WHICH DEATH PENALTY IS AUTHORIZED.
  (a) CONFORMING CHANGES IN TITLE 18- Title 18, United States Code, is
  amended as follows:
  (1) AIRCRAFTS AND MOTOR VEHICLES- Section 34 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 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 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'.
  (6) MURDER- (A) 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;'.
  (B) 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'.
  (7) 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'.
  (8) 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.
  (9) PRESIDENTIAL ASSASSINATIONS- Subsection (c) of section 1751 of title
  18, United States Code, is amended to read as follows:
  `(c) Whoever attempts to kill or kidnap any individual designated in
  subsection (a) of this section, if the conduct constitutes an attempt to
  kill the President of the United States and results in bodily injury to
  the President or otherwise comes dangerously close to causing the death
  of the President, shall be punished--
  `(1) by imprisonment for any term of years or for life; or
  `(2) by death or imprisonment for any term of years or for life.'.
  (10) 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' and inserting a period and striking
  the remainder of the section.
  (11) 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'.
  (12) HOSTAGE TAKING- Section 1203(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'.
  (13) RACKETEERING- (A) 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'.
  (B) 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 imprisonment for any term
  of years or for life, or a fine of not more than $250,000, or both;'.
  (14) 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, a fine of not more than $1,000,000,
  or imprisonment for life or a sentence of death,'.
  (b) CONFORMING AMENDMENT TO FEDERAL AVIATION ACT OF 1954- Section 903 of
  the Federal Aviation Act of 1958 (49 U.S.C. 1473) is amended by striking
  subsection (c).
SEC. 204. APPLICABILITY TO UNIFORM CODE OF MILITARY JUSTICE.
  The provisions of 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. 205. 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 thereof the following new section:
`Sec. 1118. Murder by a Federal prisoner
  `(a) OFFENSE- Whoever, 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- For the purposes of this section--
  `(1) the term `Federal correctional institution' means any Federal prison,
  Federal correctional facility, Federal community program center, or Federal
  halfway house;
  `(2) the term `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 maximum of life, or an
  unexecuted sentence of death; and
  `(3) the term `murder' means a first degree or second degree murder as
  defined by section 1111 of this title.'.
  (b) AMENDMENT OF CHAPTER ANALYSIS- The chapter analysis for chapter 51
  of title 18, United States Code, is amended by adding at the end thereof
  the following:
`1118. Murder by a Federal prisoner.'.
SEC. 206. 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.'.
  (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 life'.
  (d) DAMAGE TO RELIGIOUS PROPERTY; OBSTRUCTION OF THE FREE EXERCISE OF
  RELIGIOUS RIGHTS- Section 247(c)(1) of title 18, United States Code,
  is amended by inserting `, or may be sentenced to death' after `or both'.
SEC. 207. RACIAL JUSTICE ACT OF 1991.
  (a) SHORT TITLE- This section may be cited as the `Racial Justice Act
  of 1991'.
  (b) FINDINGS- The Congress finds that--
  (1) section 5 of the fourteenth amendment of the United States Constitution
  calls upon Congress to enforce the Constitution's promise of equality
  under law;
  (2) equality under law is tested most profoundly by whether a legal system
  tolerates race playing a role in the determination of whether and when to
  administer the ultimate penalty of death;
  (3) the death penalty is being administered in a pattern that evidences a
  significant risk that the race of the defendant, or the race of the victim
  against whom the crime was committed, influences the likelihood that the
  defendant will be sentenced to death;
  (4) the Constitution's guarantee of equal justice for all is jeopardized
  when the death penalty is imposed in a pattern in which the likelihood of
  a death sentence is affected by the race of the defendant or of the victim;
  (5) the United States Supreme Court has concluded that the Federal
  judiciary is institutionally unable to eliminate this jeopardy to equal
  justice in the absence of proof that a legislature, prosecutor, judge,
  or jury acted with racially invidious and discriminatory motives in the
  case of a particular defendant;
  (6) the interest in ensuring equal justice under law may be harmed, not
  only by decisions motivated by explicit racial bias, but also by government
  rules, policies, and practices that operate to reinforce the subordinate
  status to which racial minorities were relegated in our society;
  (7) the institutional need of courts to identify invidiously motivated
  perpetrators is not shared by Congress, which is empowered by section 5 of
  the fourteenth amendment to take system-wide, preventive measures not only
  to eliminate adjudicated instances of official race discrimination but also
  to eradicate wide-scale patterns and practices that entail an intolerable
  danger that persons of different races would be treated differently; and
  (8) the persistent racial problems pervading the implementation of the death
  penalty in many parts of this Nation require the Government of the United
  States to counteract the lingering effects of racial prejudice in order
  to enforce the constitutional guarantee of equal justice for all Americans.
  (c) AMENDMENT TO TITLE 28-
  (1) PROCEDURE- Part VI of title 28, United States Code, is amended by
  adding at the end thereof the following new chapter:
`CHAPTER 177--RACIALLY DISCRIMINATORY CAPITAL SENTENCING
`Sec.
`2921. Definitions.
`2922. Prohibition of the imposition or execution of the death penalty in
a racially discriminatory pattern.
`2923. Data on death penalty cases.
`2924. Enforcement of chapter.
`2925. Construction of chapter.
`Sec. 2921. Definitions
  `For purposes of this chapter--
  `(1) the term `racially discriminatory pattern' means a situation in which
  sentences of death are imposed more frequently--
  `(A) upon persons of one race than upon persons of another race; or
  `(B) as punishment for crimes against persons of one race than as punishment
  for crimes against persons of another race,
and the greater frequency is not explained by pertinent nonracial
circumstances;
  `(2) the term `death-eligible crime' means a crime for which death is a
  punishment that is authorized by law to be imposed under any circumstances
  upon a conviction of that crime;
  `(3) the term `case of death-eligible crime' means a case in which the
  complaint, indictment, information, or any other initial or subsequent
  charging paper charges any person with a death-eligible crime; and
  `(4) the term `State or Federal entity' means any State, the District of
  Columbia, the United States, any territory thereof, and any subdivision
  or authority of any of these entities that is empowered to provide by law
  that death be imposed as punishment for crime.
`Sec. 2922. Prohibition of the imposition or execution of the death penalty
in a racially discriminatory pattern
  `(a) PROHIBITION- It is unlawful to impose or execute sentences of
  death under color of State or Federal law in a racially discriminatory
  pattern. No person shall be put to death in the execution of a sentence
  imposed pursuant to any law if that person's death sentence furthers a
  racially discriminatory pattern.
  `(b) ESTABLISHMENT OF A PATTERN- To establish that a racially discriminatory
  pattern exists for purposes of this chapter--
  `(1) ordinary methods of statistical proof shall suffice; and
  `(2) it shall not be necessary to show discriminatory motive, intent,
  or purpose on the part of any individual or institution.
  `(c) PRIMA FACIE SHOWING- (1) To establish a prima facie showing of a
  racially discriminatory pattern for purposes of this chapter, it shall
  suffice that death sentences are being imposed or executed--
  `(A) upon persons of one race with a frequency that is disproportionate
  to their representation among the numbers of persons arrested for, charged
  with, or convicted of, death-eligible crimes; or
  `(B) as punishment for crimes against persons of one race with a frequency
  that is disproportionate to their representation among persons against
  whom death-eligible crimes have been committed.
  `(2) To rebut a prima facie showing of a racially discriminatory pattern,
  a State or Federal entity must establish by clear and convincing evidence
  that identifiable and pertinent nonracial factors persuasively explain
  the observable racial disparities comprising the pattern.
`Sec. 2923. Data on death penalty cases
  `(a) DESIGNATION OF AGENCY- Any State or Federal entity that provides by
  law for death to be imposed as a punishment for any crime shall designate
  a central agency to collect and maintain pertinent data on the charging,
  disposition, and sentencing patterns for all cases of death-eligible crimes.
  `(b) RESPONSIBILITIES OF CENTRAL AGENCY- Each central agency designated
  pursuant to subsection (a) shall--
  `(1) affirmatively monitor compliance with this chapter by local officials
  and agencies;
  `(2) devise and distribute to every local official or agency responsible
  for the investigation or prosecution of death-eligible crimes a standard
  form to collect pertinent data;
  `(3) maintain all standard forms, compile and index all information contained
  in the forms, and make both the forms and the compiled information publicly
  available;
  `(4) maintain a centralized, alphabetically indexed file of all police and
  investigative reports transmitted to it by local officials or agencies in
  every case of death-eligible crime; and
  `(5) allow access to its file of police and investigative reports to the
  counsel of record for any person charged with any death-eligible crime or
  sentenced to death who has made or intends to make a claim under section
  2922, and it may also allow access to the file to other persons.
  `(c) RESPONSIBILITY OF LOCAL OFFICIAL- (1) Each local official responsible
  for the investigation or prosecution of death-eligible crimes shall--
  `(A) complete the standard form developed pursuant to subsection (b)(2)
  in every case of death-eligible crime; and
  `(B) transmit the standard form to the central agency no later than 3
  months after the disposition of each such case, whether that disposition
  is by dismissal of charges, reduction of charges, acceptance of a plea
  of guilty to the death-eligible crime or to another crime, acquittal,
  conviction, or any decision not to proceed with prosecution.
  `(2) In addition to the standard form, the local official or agency shall
  transmit to the central agency one copy of all police and investigative
  reports made in connection with each case of death-eligible crime.
  `(d) PERTINENT DATA- The pertinent data required in the standard form
  shall be designated by the central agency but shall include, at a minimum,
  the following information:
  `(1) pertinent demographic information on all persons charged with the
  crime and all victims (including race, sex, age, and national origin);
  `(2) information on the principal features of the crime;
  `(3) information on the aggravating and mitigating factors of the crime,
  including the background and character of every person charged with the
  crime; and
  `(4) a narrative summary of the crime.
`Sec. 2924. Enforcement of chapter
  `(a) ACTION UNDER SECTIONS 2241, 2254, OR 2255 OF THIS TITLE- In any action
  brought in a court of the United States within the jurisdiction conferred
  by sections 2241, 2254, or 2255, in which any person raises a claim under
  section 2922--
  `(1) the court shall appoint counsel for any such person who is financially
  unable to retain counsel; and
  `(2) the court shall furnish investigative, expert, or other services
  necessary for the adequate development of the claim to any such person
  who is financially unable to obtain such services.
  `(b) DETERMINATION BY A STATE COURT- Notwithstanding section 2254,
  no determination on the merits of a factual issue made by a State court
  pertinent to any claim under section 2922 shall be presumed to be correct
  unless--
  `(1) the State is in compliance with section 2923;
  `(2) the determination was made in a proceeding in a State court in which
  the person asserting the claim was afforded rights to the appointment of
  counsel and to the furnishing of investigative, expert, and other services
  necessary for the adequate development of the claim which were substantially
  equivalent to those provided by subsection (a); and
  `(3) the determination is one which is otherwise entitled to be presumed
  to be correct under the criteria specified in section 2254.
`Sec. 2925. Construction of chapter
  `Nothing in this chapter shall be construed to affect in any way the
  lawfulness of any sentence of death that does not violate section 2922.'.
  (2) AMENDMENT TO TABLE OF CHAPTERS- The table of chapters of part VI of
  title 28, United States Code, is amended by adding at the end thereof the
  following new item:
2921.'.
  (d) ACTIONS PRIOR TO THE DATE OF ENACTMENT- No person shall be barred from
  raising any claim under section 2922 of title 28, United States Code,
  as added by this section, on the ground of having failed to raise or to
  prosecute the same or a similar claim prior to enactment of the section
  nor by reason of any adjudication rendered prior to its enactment.
TITLE III--DEATH PENALTY FOR MURDER OF LAW ENFORCEMENT OFFICER ACT
SEC. 301. DEATH PENALTY FOR THE MURDER OF FEDERAL LAW ENFORCEMENT OFFICIALS.
  Section 1114(a) 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, by a sentence of death or life
  imprisonment as provided under section 1111 of this title, or, in the case
  of manslaughter, a sentence as provided under section 1112 of this title,'.
SEC. 302. DEATH PENALTY FOR THE MURDER OF STATE OFFICIALS ASSISTING FEDERAL
LAW ENFORCEMENT OFFICIALS.
  (a) IN GENERAL- Chapter 51 of title 18, United States Code, as amended by
  section 205 of this Act, is amended by adding at the end the following:
` 1119. Killing persons aiding Federal investigations
  `Whoever intentionally kills--
  `(1) a State or local official, law enforcement officer, or other officer or
  employee while working with Federal law enforcement officials in furtherance
  of a Federal criminal investigation--
  `(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 civilian or witness 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 of title 18, United
States Code, including by sentence of death or by imprisonment for life.'.
  (b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter
  51 of title 18, United States Code, is amended by adding at the end the
  following:
`1119. Killing persons aiding Federal investigations.'.
TITLE IV--DEATH PENALTY FOR DRUG CRIMINALS ACT
SEC. 401. SHORT TITLE.
  This title may be cited as the `Death Penalty for Drug Criminals Act
  of 1991'.
SEC. 402. DEATH PENALTY FOR CERTAIN DRUG CRIMINALS.
  The Controlled Substances Act (21 U.S.C. sec. 401 et seq.) is amended by
  adding after section 408 the following:
`SEC. 409. DEATH PENALTY AUTHORIZED FOR CERTAIN DRUG CRIMINALS.'
SEC. 403. DRUG DISTRIBUTION CONSPIRACIES.
  Section 409 of the Controlled Substances Act is amended by adding subsection
  (a) as follows:
  `(a) DRUG DISTRIBUTION CONSPIRACIES- Whoever, during the course of a
  conspiracy prohibited by section 406, commits a murder in the first degree,
  shall be punished as provided in section 1111 of title 18, including by
  sentence of death or by imprisonment for life.'.
SEC. 404. DRUG IMPORT AND EXPORT CONSPIRACIES.
  Section 409 of the Controlled Substances Act is amended by adding subsection
  (b) as follows:
  `(b) DRUG IMPORT AND EXPORT CONSPIRACIES- Whoever, during the course of a
  conspiracy prohibited by section 1013 of the Controlled Substances Import
  and Export Act, commits a murder in the first degree, shall be punished
  as provided in section 1111 of title 18, including by sentence of death
  or by imprisonment for life.'.
SEC. 405. DRUG DISTRIBUTION TO MINORS, NEAR SCHOOLS, OR BY EMPLOYING MINORS.
  Section 409 of the Controlled Substances Act is amended by adding subsection
  (c) as follows:
  `(c) DRUG DISTRIBUTION TO MINORS, NEAR SCHOOLS, OR WHILE EMPLOYING PERSONS
  UNDER 18 YEARS OF AGE- Whoever, during the course of an offense punishable
  under section 418, 419, and 420, commits a murder in the first degree,
  shall be punished as provided in section 1111 of title 18, including by
  sentence of death or imprisonment for life.'.
SEC. 406. EXPORT AND IMPORT OF MAJOR DRUG QUANTITIES.
  Section 409 of the Controlled Substances Act is amended by adding subsection
  (d) as follows:
  `(d) DRUG IMPORT AND EXPORT- Whoever, during an offense prohibited by section
  1010(b)(1) of the Controlled Substances Import and Export Act, commits a
  murder in the first degree, shall be punished as provided in section 1111
  of title 18, including by sentence of death or by imprisonment for life.'.
SEC. 407. DISTRIBUTION OF MAJOR DRUG QUANTITIES.
  Section 409 of the Controlled Substances Act (21 U.S.C.) is amended by
  adding subsection (e) as follows:
  `(e) DRUG DISTRIBUTION- Whoever, during the course of an offense punishable
  under section 401(b)(1)(A), commits a murder in the first degree, shall
  be punished as provided in section 1111 of title 18, including by sentence
  of death or by imprisonment for life.'.
TITLE V--PREVENTION AND PUNISHMENT OF TERRORIST ACTS
Subtitle A--Aviation Terrorism
SEC. 501. IMPLEMENTATION OF THE 1988 PROTOCOL FOR THE SUPPRESSION OF UNLAWFUL
ACTS OF VIOLENCE AT AIRPORTS SERVING INTERNATIONAL CIVIL AVIATION.
  (a) OFFENSE- Chapter 2 of title 18, United States Code, is amended by
  adding at the end thereof the following new section:
`Sec. 36. Violence at international airports
  `(a) Whoever unlawfully and intentionally, using any device, substance
  or weapon,--
  `(1) performs an act of violence against a person at an airport serving
  international civil aviation which causes or is likely to cause serious
  injury or death; or
  `(2) destroys or seriously damages the facilities of an airport 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 or imprisoned
not more than twenty 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 life.
  `(b) There is jurisdiction over the prohibited activity in subsection (a)
  if (1) the prohibited activity takes place in the United States, or (2)
  the prohibited activity takes place outside of the United States and the
  offender is later found in the United States.'.
  (b) CLERICAL AMENDMENT- The analysis for chapter 2 of title 18, United
  States Code, is amended by adding at the end thereof the following:
`36. Violence at international airports.'.
  (c) EFFECTIVE DATE- This section shall take effect on the later of--
  (1) the date of the enactment of this subtitle; or
  (2) the date 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. 502. AMENDMENT TO FEDERAL AVIATION ACT.
  Section 902(n) of the Federal Aviation Act of 1958 (49 U.S.C. App. 1472(n))
  is amended by--
  (1) striking out paragraph (3); and
  (2) redesignating paragraph (4) as paragraph (3).
SEC. 503. PREVENTING ACTS OF TERRORISM AGAINST CIVILIAN AVIATION.
  (a) IN GENERAL- Chapter 2 of title 18, United States Code, is amended by
  adding at the end thereof the following new section:
` 37. Violations of Federal aviation security regulations
  `Whoever willfully violates a security regulation under part 107 or 108
  of title 14, Code of Federal Regulations (relating to airport and airline
  security) shall be fined under this title or imprisoned for not more than
  one year, or both.'.
  (b) TABLE OF SECTIONS- The table of sections for chapter 2 of title 18,
  United States Code, is amended by adding at the end thereof the following:
`37. Violation of Federal aviation security regulations.
Subtitle B--Maritime Terrorism
SEC. 511. SHORT TITLE FOR SUBTITLE B.
  This subtitle may be cited as the `Act for the Prevention and Punishment
  of Violence Against Maritime Navigation and Fixed Platforms'.
SEC. 512. FINDINGS.
  The Congress finds that--
  (1) the Convention for the Suppression of Unlawful Acts Against the
  Safety of Maritime Navigation requires each contracting State to establish
  its jurisdiction over certain offenses affecting the safety of maritime
  navigation;
  (2) the Protocol for the Suppression of Unlawful Acts Against the Safety
  of Fixed Platforms Located on the Continental Shelf, which accompanies
  the aforementioned Convention, requires that each contracting State to
  the Protocol establish its jurisdiction over certain offenses affecting
  the safety of fixed platforms;
  (3) such offenses place innocent lives and property in jeopardy, endanger
  national security, affect domestic tranquility, gravely affect interstate
  and foreign commerce, and are offenses against the law of nations;
  (4) on December 27, 1988, the President of the United States issued
  Proclamation 5928 proclaiming that the territorial sea of the United States
  henceforth extended to 12 nautical miles from the baselines of the United
  States determined in accordance with international law; and
  (5) on November 5, 1989, the Senate gave its advice and consent to
  ratification of the Convention and its Protocol.
SEC. 513. STATEMENT OF PURPOSE.
  The purpose of this subtitle is to--
  (1) implement fully the Convention for the Suppression of Unlawful
  Acts Against the Safety of Maritime Navigation and the Protocol for the
  Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located
  on the Continental Shelf;
  (2) clarify Federal criminal jurisdiction over the territorial sea of the
  United States; and
  (3) establish Federal criminal jurisdiction over certain acts committed by
  or against a national of the United States while upon a foreign vessel during
  a voyage having a scheduled departure from or arrival in the United States.
SEC. 514. OFFENSES OF VIOLENCE AGAINST MARITIME NAVIGATION OR FIXED PLATFORMS.
  Chapter 111 of title 18, United States Code, is amended by adding at the
  end thereof the following new sections:
`Sec. 2280. Violence against maritime navigation
  `(a) Whoever unlawfully and intentionally--
  `(1) seizes or exercises control over a ship by force or threat thereof
  or any other form of intimidation;
  `(2) 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;
  `(3) destroys a ship or causes damage to a ship or to its cargo which is
  likely to endanger the safe navigation of that ship;
  `(4) 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;
  `(5) 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;
  `(6) 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;
  `(7) injures or kills any person in connection with the commission or the
  attempted commission of any of the offenses set forth in paragraphs (1)
  to (6); or
  `(8) attempts to do any act prohibited under paragraphs (1)-(7);
shall be fined under this title or imprisoned not more than twenty 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 life.
  `(b) Whoever threatens to do any act prohibited under paragraphs (2), (3)
  or (5) of subsection (a), 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
  or imprisoned not more than five years, or both.
  `(c) There is jurisdiction over the prohibited activity in subsections
  (a) and (b)--
  `(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; or
  `(iii) by a national of the United States or by a stateless person 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;
  `(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.
  `(d) The master of a covered ship flying the flag of the United States who
  has reasonable grounds to believe that he has on board his 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 he should 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
  his intention to deliver such person and the reason therefor. If the master
  delivers such person, he shall furnish the authorities of such country with
  the evidence in the master's possession that pertains to the alleged offense.
  `(e) As used in this section, the term--
  `(1) `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: Provided, That the term 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;
  `(2) `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;
  `(3) `national of the United States' has the meaning given such
  term in section 101(a)(22) of the Immigration and Nationality Act (8
  U.S.C. 1101(a)(22));
  `(4) `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; and
  `(5) `United States', when used in a geographical sense, includes the
  Commonwealth of Puerto Rico, the Commonwealth of the Northern Marianas
  Islands and all territories and possessions of the United States.
`Sec. 2281. Violence against maritime fixed platforms
  `(a) Whoever unlawfully and intentionally--
  `(1) seizes or exercises control over a fixed platform by force or threat
  thereof or any other form of intimidation;
  `(2) performs an act of violence against a person on board a fixed platform
  if that act is likely to endanger its safety;
  `(3) destroys a fixed platform or causes damage to it which is likely to
  endanger its safety;
  `(4) 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;
  `(5) injures or kills any person in connection with the commission or the
  attempted commission of any of the offenses set forth in paragraphs (1)
  to (4); or
  `(6) attempts to do anything prohibited under paragraphs (1)-(5),
shall be fined under this title or imprisoned not more than twenty years,
or both; and if death results to any person from conduct prohibited by this
subsection, shall be punished by death or imprisoned for any term of years
or for life.
  `(b) Whoever threatens to do anything prohibited under paragraphs (2) or
  (3) of subsection (a), 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 or imprisoned
  not more than five years, or both.
  `(c) There is jurisdiction over the prohibited activity in subsections
  (a) and (b) 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.
  `(d) As used in this section, the term--
  `(1) `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;
  `(2) `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;
  `(3) `national of the United States' has the meaning given such
  term in section 101(a)(22) of the Immigration and Nationality Act (8
  U.S.C. 1101(a)(22));
  `(4) `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; and
  `(5) `United States', when used in a geographical sense, includes the
  Commonwealth of Puerto Rico, the Commonwealth of the Northern Marianas
  Islands and all territories and possessions of the United States.'.
SEC. 515. CLERICAL AMENDMENTS.
  The analysis for chapter 111 of title 18, United States Code, is amended
  by adding at the end thereof the following:
`2280. Violence against maritime navigation.
`2281. Violence against maritime fixed platforms.'.
SEC. 516. EFFECTIVE DATES.
  Section 514 of this subtitle shall take effect on the later of--
  (1) the date of the enactment of this subtitle; 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. 517. TERRITORIAL SEA EXTENDING TO TWELVE MILES INCLUDED IN SPECIAL
MARITIME AND TERRITORIAL JURISDICTION.
  The Congress hereby declares that all the territorial sea of the United
  States, as defined by Presidential Proclamation 5928 of December 27,
  1988, is part of the United States, subject to its sovereignty, and, for
  purposes of Federal criminal jurisdiction, is within the special maritime
  and territorial jurisdiction of the United States wherever that term is
  used in title 18, United States Code.
SEC. 518. ASSIMILATED CRIMES IN EXTENDED TERRITORIAL SEA.
  Section 13 of title 18, United States Code (relating to the adoption of
  State laws for areas within Federal jurisdiction), is amended by--
  (1) inserting after `title' in subsection (a) the following: `or on, above,
  or below any portion of the territorial sea of the United States not within
  the territory of any State, Territory, Possession, or District'; and
  (2) inserting at the end thereof the following new subsection:
  `(c) Whenever any waters of the territorial sea of the United States lie
  outside the territory of any State, Territory, Possession, or District,
  such waters (including the airspace above and the seabed and subsoil below,
  and artificial islands and fixed structures erected thereon) shall be
  deemed for purposes of subsection (a) to lie within the area of that State,
  Territory, Possession, or District it would lie within if the boundaries
  of such State, Territory, Possession, or District were extended seaward
  to the outer limit of the territorial sea of the United States.'.
SEC. 519. 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 paragraph:
  `(8) Any foreign vessel during a voyage having a scheduled departure from
  or arrival in the United States with respect to an offense committed by
  or against a national of the United States.'.
Subtitle C--Terrorism Offenses and Sanctions
SEC. 521. TORTURE.
  (a) IN GENERAL- Part I of title 18, United States Code, is amended by
  inserting after chapter 113A the following new chapter:
`CHAPTER 113B--TORTURE
`Sec.
`2340. Definitions.
`2340A. Torture.
`2340B. Exclusive remedies.
`Sec. 2340. Definitions
  `As used in this chapter--
  `(1) `torture' means an act committed by a person acting under the color
  of law specifically intended to inflict severe physical or mental pain or
  suffering (other than pain or suffering incidental to lawful sanctions)
  upon another person within his custody or physical control.
  `(2) `severe mental pain or suffering' means the prolonged mental harm
  caused by or resulting from: (a) the intentional infliction or threatened
  infliction of severe physical pain or suffering; (b) the administration
  or application, or threatened administration or application, of mind
  altering substances or other procedures calculated to disrupt profoundly
  the senses or the personality; (c) the threat of imminent death; or (d)
  the threat that another person will imminently be subjected to death,
  severe physical pain or suffering, or the administration or application
  of mind altering substances or other procedures calculated to disrupt
  profoundly the senses or personality.
  `(3) `United States' includes all areas under the jurisdiction of the United
  States including any of the places within the provisions of sections 5 and
  7 of this title and section 101(38) of the Federal Aviation Act of 1958,
  as amended (49 U.S.C. App. 1301(38)).
`Sec. 2340A. Torture
  `(a) Whoever outside the United States commits or attempts to commit torture
  shall be fined under this title or imprisoned not more than twenty years,
  or both; and if death results to any person from conduct prohibited by
  this subsection, shall be punished by death or imprisoned for any term of
  years or for life.
  `(b) There is jurisdiction over the prohibited activity in subsection (a)
  if: (1) the alleged offender is a national of the United States; or (2)
  the alleged offender is present in the United States, irrespective of the
  nationality of the victim or the alleged offender.
`Sec. 2340B. Exclusive remedies
  `Nothing in this chapter shall be construed as precluding the application
  of State or local laws on the same subject, nor shall anything in this
  chapter be construed as creating any substantive or procedural right
  enforceable by law by any party in any civil proceeding.'.
  (b) CLERICAL AMENDMENT- The table of chapters for part I of title 18,
  United States Code, is amended by inserting after the item for chapter
  113B the following new item:
2340.'.
SEC. 522. WEAPONS OF MASS DESTRUCTION.
  (a) FINDINGS- The Congress finds that the use and threatened use of weapons
  of mass destruction, as defined in the statute enacted by subsection (b)
  of this section, gravely harm the national security and foreign relations
  interests of the United States, seriously affect interstate and foreign
  commerce, and disturb the domestic tranquility of the United States.
  (b) OFFENSE- Chapter 113A of title 18, United States Code, is amended by
  adding the following new section:
`Sec. 2339. Use of weapons of mass destruction
  `(a) Whoever 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) against any person within the United States; or
  `(3) against any property that is owned, leased or used by the United
  States or by 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 by death or imprisoned for any term of years or for life.
  `(b) For purposes of this section--
  `(1) `national of the United States' has the meaning given in section
  101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); and
  `(2) `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.'.
  (c) CLERICAL AMENDMENT- The analysis for chapter 113A of title 18, United
  States Code, is amended by adding the following:
`2339. Use of weapons of mass destruction.'.
SEC. 523. HOMICIDES AND ATTEMPTED HOMICIDES INVOLVING FIREARMS IN FEDERAL
FACILITIES.
  Section 930 of title 18, United States Code, is amended by--
  (a) redesignating subsections (c), (d), (e), and (f) as subsections (d),
  (e), (f), and (g) respectively;
  (b) in subsection (a), striking `(c)' and inserting `(d)'; and
  (c) inserting after subsection (b) the following:
  `(c) Whoever 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--
  `(1) in the case of a killing constituting murder as defined in section
  1111(a) of this title, be punished by death or imprisoned for any term of
  years or for life; and
  `(2) in the case of any other killing or an attempted killing, be subject
  to the penalties provided for engaging in such conduct within the special
  maritime and territorial jurisdiction of the United States under sections
  1112 and 1113 of this title.'.
SEC. 524. PENALTIES FOR INTERNATIONAL TERRORIST ACTS.
  Section 2331 of title 18, United States Code, as amended by subtitle A of
  this title, is further amended--
  (1) in subsection (a)--
  (A) in paragraph (2) by striking `ten' and inserting `twenty'; and
  (B) in paragraph (3) by striking `three' and inserting `ten'.
  (2) in subsection (c) by striking `five' and inserting `ten'.
SEC. 525. TERRORIST DEATH PENALTY ACT.
  Section 2332(a)(1) of title 18 of the United States Code is amended to
  read as follows:
  `(1)(A) if the killing is murder as defined in section 1111(a) of this
  title, be fined under this title, punished by death or imprisonment for
  any term of years or for life, or both;'.
Subtitle D--Preventing Domestic and International Terrorist Acts
PART I--ATTACKING THE INFRASTRUCTURE OF TERRORIST ORGANIZATIONS
SEC. 531. 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
  `Whoever, 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 to facilitate a violation of section 32, 36, 351, 844 (f) or (i),
  1114, 1116, 1203, 1361, 1363, 1751, 2280, 2281, 2332, or 2339 of this
  title, or section 902(i) of the Federal Aviation Act of 1958, as amended
  (49 U.S.C. App. 1472(i)), or to facilitate the concealment or an escape
  from the commission of any of the foregoing, shall be fined under this
  title, imprisoned not more than ten years, or both. For purposes of this
  section, material support or resources shall include, but not be limited
  to, currency or other financial securities, lodging, training, safehouses,
  false documentation or identification, communications equipment, facilities,
  weapons, lethal substances, explosives, personnel, transportation, and
  other physical assets.'.
  (b) CLERICAL AMENDMENT- The analysis for chapter 113A of title 18, United
  States Code, is amended by adding the following:
`2339A. Providing material support to terrorists.'.
SEC. 532. FORFEITURE OF ASSETS USED TO SUPPORT TERRORISTS.
  Chapter 46 of title 18, United States Code, is amended--
  (1) in section 981(a)(1) by inserting at the end thereof the following:
  `(F) Any property, real or personal--
  `(i) used or intended for use for; or
  `(ii) constituting or derived from,
the gross profits or other proceeds obtained from a violation of section 32,
36, 351, 844 (f) or (i), 1114, 1116, 1203, 1361, 1363, 1751, 2280, 2281,
2332, or 2339 of this title, or section 902(i) of the Federal Aviation Act
of 1958, as amended (49 U.S.C. 1472(i)), or to facilitate the concealment
or an escape from the commission of any of the foregoing offenses.'; and
  (2) in section 982(a) by inserting at the end thereof the following:
  `(5) Any property, real or personal--
  `(A) used or intended for use for; or
  `(B) constituting or derived from,
the gross profits or other proceeds obtained from a violation of section 32,
36, 351, 844 (f) or (i), 1114, 1116, 1203, 1361, 1363, 1751, 2280, 2281,
2332, or 2339 of this title, or section 902(i) of the Federal Aviation Act
of 1958, as amended (49 U.S.C. 1472(i)), or to facilitate the concealment
or an escape from the commission of any of the foregoing offenses.'.
PART II--COOPERATION OF WITNESSES IN TERRORIST INVESTIGATIONS
SEC. 541. SHORT TITLE.
  This part may be cited as the `Alien Witness Cooperation Act of 1991'.
SEC. 542. ALIEN WITNESS COOPERATION.
  Chapter 224 of title 18, United States Code, is amended by--
  (1) redesignating section 3528 as 3529;
  (2) adding at the end of section 3529, as redesignated, the following
  new paragraph:
  `As used in section 3528, the terms `alien' and `United States' shall have
  the same meanings given to them in the Immigration and Nationality Act
  (8 U.S.C. 1101 et seq.).'; and
  (3) inserting after section 3527 the following new section:
` 3528. Aliens; waiver of admission requirements
  `(a) IN GENERAL- Upon authorizing protection to any alien under this chapter,
  the United States shall provide such alien with appropriate immigration
  visas and allow such alien to remain in the United States so long as
  that alien abides by all laws of the United States and guidelines, rules
  and regulations for protection. The Attorney General may determine that
  the granting of permanent resident status to such alien is in the public
  interest and necessary for the safety and protection of such alien without
  regard to the alien's admissibility under immigration or any other laws
  and regulations or the failure to comply with such laws and regulations
  pertaining to admissibility.
  `(b) ALIEN WITH FELONY CONVICTIONS- Notwithstanding any other provisions
  of this chapter, an alien who would not be excluded because of felony
  convictions shall be considered for permanent residence on a conditional
  basis for a period of two years. Upon a showing that the alien is still
  being provided protection, or such protection remains available to the
  alien in accordance with provisions of this chapter, or such alien is still
  cooperating with the government, and has maintained good moral character,
  the Attorney General shall remove the conditional basis of the status
  effective as of the second anniversary of the alien's obtaining the status
  of admission for permanent residence. Permanent resident status shall not be
  granted to an alien who would be excluded because of felony convictions,
  unless the Attorney General determines, pursuant to regulations which
  shall be prescribed by him, that granting permanent residence status to
  such alien is necessary in the interests of justice, and comports with
  safety of the community.
  `(c) LIMIT ON NUMBER OF ALIENS- The number of aliens and members of their
  immediate families entering the United States under the authority of this
  section shall in no case exceed 200 persons in any one fiscal year. The
  decision to grant or deny permanent resident status under this section
  is at the discretion of the Attorney General and shall not be subject to
  judicial review.'.
SEC. 543. CONFORMING AMENDMENT.
  The analysis for chapter 224 of title 18, United States Code, is amended by--
  (1) redesignating the item for section 3528 as section 3529; and
  (2) adding after the item for section 3527 the following:
`3528. Aliens; waiver of admission requirements.'.
Subtitle E--Preventing Economic Terrorism
SEC. 551. COUNTERFEITING U.S. CURRENCY ABROAD.
  (a) IN GENERAL- Chapter 25 of title 18, United States Code, is amended by
  adding before section 471 the following new section:
`Sec. 470. Counterfeit acts committed outside the United States
  `Whoever, outside the United States, engages in the act of--
  `(1) making, dealing, or possessing any counterfeit obligation or other
  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 of this
title if committed within the United States, shall be fined under this title,
imprisoned for not more than 15 years, or both.'.
  (b) TABLE OF SECTIONS- The table of sections for chapter 25 of title 18,
  United States Code, is amended by adding before section 471 the following:
`471. Counterfeit acts committed outside the United States.'.
  (c) TABLE OF CHAPTERS- The table of chapters at the beginning of part I of
  title 18, United States Code, is amended by striking the item for chapter
  25 and inserting the following:
470'.
SEC. 552. ECONOMIC TERRORISM TASK FORCE.
  (a) ESTABLISHMENT AND PURPOSE- There is established an Economic Terrorism
  Task Force to--
  (1) assess the threat of terrorist actions directed against the United
  States economy, including actions directed against the United States
  government and actions against United States business interests;
  (2) assess the adequacy of existing policies and procedures designed to
  prevent terrorist actions directed against the United States economy; and
  (3) recommend administrative and legislative actions to prevent terrorist
  actions directed against the United States economy.
  (b) MEMBERSHIP- The Economic Terrorism Task Force shall be chaired by the
  Secretary of State, or his designee, and consist of the following members:
  (1) the Director of Central Intelligence;
  (2) the Director of the Federal Bureau of Investigation;
  (3) the Director of the United States Secret Service;
  (4) the Administrator of the Federal Aviation Administration;
  (5) the Chairman of the Board of Governors of the Federal Reserve;
  (6) the Under Secretary of the Treasury for Finance; and
  (7) such other members of the Departments of Defense, Justice, State,
  Treasury, or any other agency of the United States government, as the
  Secretary of State may designate.
  (c) ADMINISTRATIVE PROVISIONS- The provisions of the Federal Advisory
  Committee Act shall not apply with respect to the Economic Terrorism
  Task Force.
  (d) REPORT- Not later than 180 days after the date of enactment of this Act,
  the chairman of the Economic Terrorism Task Force shall submit a report to
  the President and the Congress detailing the findings and recommendations
  of the task force. If the report of the task force is classified, an
  unclassified version shall be prepared for public distribution.
Subtitle F--Authorizations To Expand Counterterrorist Operations by Federal
Agencies
SEC. 561. AUTHORIZATIONS OF APPROPRIATIONS.
  There is authorized to be appropriated in each of the fiscal years 1992,
  1993 and 1994, in addition to any other amounts specified in appropriations
  Acts, for counterterrorist operations and programs:
  (1) for the Federal Bureau of Investigation, $25,000,000;
  (2) for the Department of State, $10,000,000;
  (3) for the United States Customs Service, $7,500,000;
  (4) for the United States Secret Service, $2,500,000;
  (5) for the Bureau of Alcohol, Tobacco, and Firearms, $2,500,000;
  (6) for the Federal Aviation Administration, $2,500,000; and
  (7) for grants to State and local law enforcement agencies, to be
  administered by the Office of Justice Programs in the Department of Justice,
  in consultation with the Federal Bureau of Investigation, $25,000,000.
TITLE VI--DRIVE-BY SHOOTING ACT
SEC. 601. SHORT TITLE.
  This title may be cited as the `Drive-By Shooting Prevention Act of 1991'.
SEC. 602. NEW OFFENSE FOR THE INDISCRIMINATE USE OF WEAPONS TO FURTHER
DRUG CONSPIRACIES.
  (a) IN GENERAL- Chapter 2 of title 18, United States Code, is amended by
  adding at the end thereof the following new section:
` 36. Drive-by shooting
  `(a) Offense and Penalties-
  `(1) Whoever, in furtherance or to escape detection of a major drug offense
  listed in subsection (b) 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, or by fine as provided under
  this title, or both.
  `(2) Whoever, in furtherance or to escape detection of a major drug
  offense listed in subsection (b) 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, kills any person shall, if the killing--
  `(A) is a first degree murder as defined in section 1111(a) of this title,
  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 defined in section
  1111(a) of this title, be fined under this title, imprisoned for any term
  of years or for life, or both.
  `(b) MAJOR DRUG OFFENSE DEFINED- A major drug offense within the meaning
  of subsection (a) is one of the following:
  `(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 punishable under
  section 406 of the Controlled Substances Act (21 U.S.C. 846) or punishable
  under 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 Substances 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. 960(b)(1)).'.
  (b) TABLE OF SECTIONS- The table of sections for chapter 2 of title 18,
  United States Code, is amended by adding at the end thereof the following:
`36. Drive-by shooting.'.
TITLE VII--ASSAULT WEAPONS
SEC. 701. SHORT TITLE.
  This title may be cited as the `Antidrug, Assault Weapons Limitation Act
  of 1991'.
SEC. 702. UNLAWFUL ACTS.
  Section 922 of title 18, United States Code, is amended by adding at the
  end thereof the following:
  `(s)(1) Except as provided in paragraph (2), it shall be unlawful for
  any person to transfer, import, transport, ship, receive, or possess any
  assault weapon.
  `(2) This subsection does not apply with respect to--
  `(A) transferring, importing, transporting, shipping, and receiving to
  or by, or possession by or under, authority of the United States or any
  department or agency thereof, or of any State or any department, agency,
  or political subdivision thereof, of such an assault weapon, or
  `(B) any lawful transferring, transporting, shipping, receiving,
  or possession of such a weapon that was lawfully possessed before the
  effective date of this subsection.
  `(t)(1) It shall be unlawful for any person to sell, ship, or deliver an
  assault weapon to any person who does not fill out a form 4473 (pursuant
  to 27 CFR 178.124), or equivalent, in the purchase of such assault weapon.
  `(2) It shall be unlawful for any person to purchase, possess, or accept
  delivery of an assault weapon unless such person has filled out such a
  form 4473, or equivalent, in the purchase of such assault weapon.
  `(3) If a person purchases an assault weapon from anyone other than a
  licensed dealer, both the purchaser and the seller shall maintain a record
  of the sale on the seller's original copy of such form 4473, or equivalent.
  `(4) Any current owner of an assault weapon that requires retention of form
  4473, or equivalent, pursuant to the provisions of this subsection who,
  prior to the effective date of this subsection purchased such a weapon,
  shall, within 90 days after the issuing of regulations by the Secretary
  pursuant to paragraph (5), request a copy of such form from any licensed
  dealer, as defined in this title, in accordance with such regulations.
  `(5) The Secretary shall, within 90 days after the date of enactment of
  this subsection, prescribe regulations for the request and delivery of
  such form 4473, or equivalent.'.
SEC. 703. DEFINITIONS.
  Section 921(a) of title 18, United States Code, is amended by adding at
  the end thereof the following:
  `(29) The term `assault weapon' means any firearm designated as an assault
  weapon in this paragraph, including:
  `(A) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs
  (all models),
  `(B) Action Arms Israeli Military Industries UZI and Galil,
  `(C) Beretta AR-70 (SC-70),
  `(D) Colt AR-15 and CAR-15,
  `(E) Fabrique Nationale FN/FAL, FN/LAR, and FNC,
  `(F) MAC 10 and MAC 11,
  `(G) Steyr AUG,
  `(H) INTRATEC TEC-9, and
  `(I) Street Sweeper and Striker 12.'.
SEC. 704. SECRETARY TO RECOMMEND DESIGNATION AS ASSAULT WEAPON.
  Chapter 44 of title 18, United States Code, is amended--
  (1) by adding at the end thereof the following new section:
`Sec. 931. Additional assault weapons
  `The Secretary, in consultation with the Attorney General, may, when
  appropriate, recommend to the Congress the addition or deletion of firearms
  to be designated as assault weapons.'; and
  (2) in the table of sections by adding at the end thereof the following
  new item:
`931. Additional assault weapons.'.
SEC. 705. ENHANCED PENALTIES.
  Section 924(c) of title 18, United States Code, is amended by inserting
  `and if the firearm is an assault weapon, to imprisonment for 10 years,'
  after `sentenced to imprisonment for five years,'.
SEC. 706. DISABILITY.
  Section 922(g)(1) of title 18, United States Code, is amended by inserting
  before the semicolon at the end thereof the following: `or a violation of
  section 924(i) of this chapter'.
SEC. 707. STUDY BY ATTORNEY GENERAL.
  (a) IN GENERAL- The Attorney General is authorized and directed to
  investigate and study the effect of the provisions of this title and the
  amendments made by this title and any impact therefrom on violent and drug
  trafficking crime. Such study shall be done over a period of 18 months,
  commencing 12 months after the date of enactment of this title.
  (b) REPORT- No later than 30 months after the date of enactment of this
  title, the Attorney General shall prepare and submit to the Senate of
  the United States, a report setting forth in detail the findings and
  determinations made pursuant to subsection (a).
SEC. 708. PENALTIES FOR IMPROPER TRANSFER, STEALING FIREARMS, OR SMUGGLING
AN ASSAULT WEAPON IN DRUG-RELATED OFFENSE.
  Section 924 of title 18, United States Code, is amended by adding at the
  end thereof the following:
  `(i) Whoever knowingly fails to acquire form 4473, or equivalent (pursuant
  to 27 CFR 178.124), with respect to the lawful transferring, transporting,
  shipping, receiving, or possessing of any assault weapon, as required
  by the provisions of this chapter, shall be fined not more than $1,000
  (in accordance with section 3571(e) of this title), imprisoned for not
  more than 6 months, or both.'.
SEC. 709. SUNSET PROVISION.
  Unless otherwise provided, this title and the amendments made by this
  title shall become effective 30 days after the date of enactment of this
  title. This title, except for section 707, shall be effective for a period
  of 3 years. At the end of such 3-year period this title and the amendments
  made by this title, except for section 707, shall be repealed.
TITLE VIII--POLICE CORPS AND LAW ENFORCEMENT TRAINING AND EDUCATION ACT
SEC. 801. SHORT TITLE.
  This title may be cited as the `Police Corps and Law Enforcement Training
  and Education Act'.
SEC. 802. PURPOSES.
  The purposes of this title are to--
  (1) address violent crime by increasing the number of police with advanced
  education and training on community patrol;
  (2) provide educational assistance to law enforcement personnel and to
  students who possess a sincere interest in public service in the form of
  law enforcement; and
  (3) assist State and local law enforcement efforts to enhance the educational
  status of law enforcement personnel both through increasing the educational
  level of existing officers and by recruiting more highly educated officers.
SEC. 803. ESTABLISHMENT OF OFFICE OF THE POLICE CORPS AND LAW ENFORCEMENT
EDUCATION.
  (a) ESTABLISHMENT- There is established in the Department of Justice,
  under the general authority of the Attorney General, an Office of the
  Police Corps and Law Enforcement Education.
  (b) APPOINTMENT OF DIRECTOR- The Office of the Police Corps and Law
  Enforcement Education shall be headed by a Director (referred to in this
  title as the `Director') who shall be appointed by the President, by and
  with the advice and consent of the Senate.
  (c) RESPONSIBILITIES OF DIRECTOR- The Director shall be responsible for
  the administration of the Police Corps program established in subtitle A
  and the Law Enforcement Scholarship program established in subtitle B and
  shall have authority to promulgate regulations to implement this title.
SEC. 804. DESIGNATION OF LEAD AGENCY AND SUBMISSION OF STATE PLAN.
  (a) LEAD AGENCY- A State that desires to participate in the Police Corps
  program under subtitle A or the Law Enforcement Scholarship program under
  subtitle B shall designate a lead agency that will be responsible for--
  (1) submitting to the Director a State plan described in subsection (b); and
  (2) administering the program in the State.
  (b) STATE PLANS- A State plan shall--
  (1) contain assurances that the lead agency shall work in cooperation
  with the local law enforcement liaisons, representatives of police labor
  organizations and police management organizations, and other appropriate
  State and local agencies to develop and implement interagency agreements
  designed to carry out the program;
  (2) contain assurances that the State shall advertise the assistance
  available under this title;
  (3) contain assurances that the State shall screen and select law enforcement
  personnel for participation in the program;
  (4) if the State desires to participate in the Police Corps program under
  subtitle A, meet the requirements of section 816; and
  (5) if the State desires to participate in the Law Enforcement Scholarship
  program under subtitle B, meet the requirements of section 826.
Subtitle A--Police Corps Program
SEC. 811. DEFINITIONS.
  For the purposes of this subtitle--
  (1) the term `academic year' means a traditional academic year beginning
  in August or September and ending in the following May or June;
  (2) the term `dependent child' means a natural or adopted child or stepchild
  of a law enforcement officer who at the time of the officer's death--
  (A) was no more than 21 years old; or
  (B) if older than 21 years, was in fact dependent on the child's parents for
  at least one-half of the child's support (excluding educational expenses),
  as determined by the Director;
  (3) the term `educational expenses' means expenses that are directly
  attributable to--
  (A) a course of education leading to the award of the baccalaureate
  degree; or
  (B) a course of graduate study following award of a baccalaureate degree,
including the cost of tuition, fees, books, supplies, transportation, room
and board and miscellaneous expenses;
  (4) the term `participant' means a participant in the Police Corps program
  selected pursuant to section 813;
  (5) the term `State' means a State of the United States, the District of
  Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American
  Samoa, Guam, and the Commonwealth of the Northern Mariana Islands; and
  (6) the term `State Police Corps program' means a State police corps
  program approved under section 816.
SEC. 812. SCHOLARSHIP ASSISTANCE.
  (a) SCHOLARSHIPS AUTHORIZED- (1) The Director is authorized to award
  scholarships to participants who agree to work in a State or local police
  force in accordance with agreements entered into pursuant to subsection (d).
  (2)(A) Except as provided in subparagraph (B) each scholarship payment
  made under this section for each academic year shall not exceed--
  (i) $10,000; or
  (ii) the cost of the educational expenses related to attending an institution
  of higher education.
  (B) In the case of a participant who is pursuing a course of educational
  study during substantially an entire calendar year, the amount of scholarship
  payments made during such year shall not exceed $13,333.
  (C) The total amount of scholarship assistance received by any one student
  under this section shall not exceed $40,000.
  (4) Recipients of scholarship assistance under this section shall continue to
  receive such scholarship payments only during such periods as the Director
  finds that the recipient is maintaining satisfactory progress as determined
  by the institution of higher education the recipient is attending.
  (5)(A) The Director shall make scholarship payments under this section
  directly to the institution of higher education that the student is
  attending.
  (B) Each institution of higher education receiving a payment on behalf of
  a participant pursuant to subparagraph (A) shall remit to such student any
  funds in excess of the costs of tuition, fees, and room and board payable
  to the institution.
  (b) REIMBURSEMENT AUTHORIZED- (1) The Director is authorized to make payments
  to a participant to reimburse such participant for the costs of educational
  expenses if such student agrees to work in a State or local police force
  in accordance with the agreement entered into pursuant to subsection (d).
  (2)(A) Each payment made pursuant to paragraph (1) for each academic year
  of study shall not exceed--
  (i) $10,000; or
  (ii) the cost of educational expenses related to attending an institution
  of higher education.
  (B) In the case of a participant who is pursuing a course of educational
  study during substantially an entire calendar year, the amount of scholarship
  payments made during such year shall not exceed $13,333.
  (C) The total amount of payments made pursuant to subparagraph (A) to any
  one student shall not exceed $40,000.
  (c) USE OF SCHOLARSHIP- Scholarships awarded under this subsection shall
  only be used to attend a 4-year institution of higher education.
  (d) AGREEMENT- (1) Each participant receiving a scholarship or a payment
  under this section shall enter into an agreement with the Director. Each
  such agreement shall contain assurances that the participant shall--
  (A) after successful completion of a baccalaureate program and training
  as prescribed in section 814, work for 4 years in a State or local police
  force without there having arisen sufficient cause for the participant's
  dismissal under the rules applicable to members of the police force of
  which the participant is a member;
  (B) complete satisfactorily--
  (i) an educational course of study and receipt of a baccalaureate degree
  (in the case of undergraduate study) or the reward of credit to the
  participant for having completed one or more graduate courses (in the case
  of graduate study);
  (ii) Police Corps training and certification by the Director that the
  participant has met such performance standards as may be established
  pursuant to section 814; and
  (C) repay all of the scholarship or payment received plus interest at the
  rate of 10 percent in the event that the conditions of subparagraphs (A)
  and (B) are not complied with.
  (2)(A) A recipient of a scholarship or payment under this section shall
  not be considered in violation of the agreement entered into pursuant to
  paragraph (1) if the recipient--
  (i) dies; or
  (ii) becomes permanently and totally disabled as established by the sworn
  affidavit of a qualified physician.
  (B) In the event that a scholarship recipient is unable to comply with the
  repayment provision set forth in subparagraph (B) of paragraph (1) because
  of a physical or emotional disability or for good cause as determined
  by the Director, the Director may substitute community service in a form
  prescribed by the Director for the required repayment.
  (C) The Director shall expeditiously seek repayment from participants who
  violate the agreement described in paragraph (1).
  (e) DEPENDENT CHILD- A dependent child of a law enforcement officer--
  (1) who is a member of a State or local police force or is a Federal
  criminal investigator or uniformed police officer,
  (2) who is not a participant in the Police Corps program, but
  (3) who serves in a State for which the Director has approved a Police
  Corps plan, and
  (4) who is killed in the course of performing police duties,
shall be entitled to the scholarship assistance authorized in this
section. Such dependent child shall not incur any repayment obligation in
exchange for the scholarship assistance provided in this section.
  (f) GROSS INCOME- For purposes of section 61 of the Internal Revenue
  Code of 1986, a participant's or dependent child's gross income shall not
  include any amount paid as scholarship assistance under this section or
  as a stipend under section 814.
  (g) APPLICATION- Each participant desiring a scholarship or payment under
  this section shall submit an application as prescribed by the Director
  in such manner and accompanied by such information as the Director may
  reasonably require.
  (h) DEFINITION- For the purposes of this section the term `institution of
  higher education' has the meaning given that term in the first sentence
  of section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a)).
SEC. 813. SELECTION OF PARTICIPANTS.
  (a) IN GENERAL- Participants in State Police Corps programs shall be
  selected on a competitive basis by each State under regulations prescribed
  by the Director.
  (b) SELECTION CRITERIA AND QUALIFICATIONS- (1) In order to participate in
  a State Police Corps program, a participant must--
  (A) be a citizen of the United States or an alien lawfully admitted for
  permanent residence in the United States;
  (B) meet the requirements for admission as a trainee of the State or local
  police force to which the participant will be assigned pursuant to section
  815(c)(5), including achievement of satisfactory scores on any applicable
  examination, except that failure to meet the age requirement for a trainee of
  the State or local police shall not disqualify the applicant if the applicant
  will be of sufficient age upon completing an undergraduate course of study;
  (C) possess the necessary mental and physical capabilities and emotional
  characteristics to discharge effectively the duties of a law enforcement
  officer;
  (D) be of good character and demonstrate sincere motivation and dedication
  to law enforcement and public service;
  (E) in the case of an undergraduate, agree in writing that the participant
  will complete an educational course of study leading to the award of a
  baccalaureate degree and will then accept an appointment and complete 4
  years of service as an officer in the State police or in a local police
  department within the State;
  (F) in the case of a participant desiring to undertake or continue graduate
  study, agree in writing that the participant will accept an appointment
  and complete 4 years of service as an officer in the State police or in a
  local police department within the State before undertaking or continuing
  graduate study;
  (G) contract, with the consent of the participant's parent or guardian if
  the participant is a minor, to serve for 4 years as an officer in the State
  police or in a local police department, if an appointment is offered; and
  (H) except as provided in paragraph (2), be without previous law enforcement
  experience.
  (2)(A) Until the date that is 5 years after the date of enactment of this
  title, up to 10 percent of the applicants accepted into the Police Corps
  program may be persons who--
  (i) have had some law enforcement experience; and
  (ii) have demonstrated special leadership potential and dedication to
  law enforcement.
  (B)(i) The prior period of law enforcement of a participant selected
  pursuant to subparagraph (A) shall not be counted toward satisfaction of
  the participant's 4-year service obligation under section 815, and such a
  participant shall be subject to the same benefits and obligations under
  this subtitle as other participants, including those stated in section
  (b)(1) (E) and (F).
  (ii) Clause (i) shall not be construed to preclude counting a participant's
  previous period of law enforcement experience for purposes other than
  satisfaction of the requirements of section 815, such as for purposes of
  determining such a participant's pay and other benefits, rank, and tenure.
  (3) It is the intent of this Act that there shall be no more than 20,000
  participants in each graduating class. The Director shall approve State
  plans providing in the aggregate for such enrollment of applicants as shall
  assure, as nearly as possible, annual graduating classes of 20,000. In a
  year in which applications are received in a number greater than that which
  will produce, in the judgment of the Director, a graduating class of more
  than 20,000, the Director shall, in deciding which applications to grant,
  give preference to those who will be participating in State plans that
  provide law enforcement personnel to areas of greatest need.
  (c) RECRUITMENT OF MINORITIES- Each State participating in the Police Corps
  program shall make special efforts to seek and recruit applicants from among
  members of racial and ethnic groups whose representation on the police
  forces within the State is substantially less than in the population of
  the State as a whole. This subsection does not authorize an exception from
  the competitive standards for admission established pursuant to subsections
  (a) and (b).
  (d) ENROLLMENT OF APPLICANT- (1) An applicant shall be accepted into a
  State Police Corps program on the condition that the applicant will be
  matriculated in, or accepted for admission at, a 4-year institution of
  higher education (as described in the first sentence of section 1201(a)
  of the Higher Education Act of 1965 (20 U.S.C. 1141(a)))--
  (A) as a full-time student in an undergraduate program; or
  (B) for purposes of taking a graduate course.
  (2) If the applicant is not matriculated or accepted as set forth in
  paragraph (1), the applicant's acceptance in the program shall be revoked.
  (e) LEAVE OF ABSENCE- (1) A participant in a State Police Corps program who
  requests a leave of absence from educational study, training or service for
  a period not to exceed 1 year (or 18 months in the aggregate in the event
  of multiple requests) due to temporary physical or emotional disability
  shall be granted such leave of absence by the State.
  (2) A participant who requests a leave of absence from educational study,
  training or service for a period not to exceed 1 year (or 18 months in the
  aggregate in the event of multiple requests) for any reason other than those
  listed in paragraph (1) may be granted such leave of absence by the State.
  (f) ADMISSION OF APPLICANTS- An applicant may be admitted into a State
  Police Corps program either before commencement of or during the applicant's
  course of educational study.
SEC. 814. POLICE CORPS TRAINING.
  (a) IN GENERAL- (1) The Director shall establish programs of training
  for Police Corps participants. Such programs may be carried out at up to
  3 training centers established for this purpose and administered by the
  Director, or by contracting with existing State training facilities. The
  Director shall contract with a State training facility upon request of
  such facility if the Director determines that such facility offers a course
  of training substantially equivalent to the Police Corps training program
  described in this subtitle.
  (2) The Director is authorized to enter into contracts with individuals,
  institutions of learning, and government agencies (including State and
  local police forces), to obtain the services of persons qualified to
  participate in and contribute to the training process.
  (3) The Director is authorized to enter into agreements with agencies of
  the Federal Government to utilize on a reimbursable basis space in Federal
  buildings and other resources.
  (4) The Director may authorize such expenditures as are necessary for
  the effective maintenance of the training centers, including purchases
  of supplies, uniforms, and educational materials, and the provision of
  subsistence, quarters, and medical care to participants.
  (b) TRAINING SESSIONS- A participant in a State Police Corps program shall
  attend two 8-week training sessions at a training center, one during the
  summer following completion of sophomore year and one during the summer
  following completion of junior year. If a participant enters the program
  after sophomore year, the participant shall complete 16 weeks of training
  at times determined by the Director.
  (c) FURTHER TRAINING- The 16 weeks of Police Corps training authorized in
  this section is intended to serve as basic law enforcement training but
  not to exclude further training of participants by the State and local
  authorities to which they will be assigned. Each State plan approved by
  the Director under section 816 shall include assurances that following
  completion of a participant's course of education each participant shall
  receive appropriate additional training by the State or local authority to
  which the participant is assigned. The time spent by a participant in such
  additional training, but not the time spent in Police Corps training, shall
  be counted toward fulfillment of the participant's 4-year service obligation.
  (d) COURSE OF TRAINING- The training sessions at training centers
  established under this section shall be designed to provide basic law
  enforcement training, including vigorous physical and mental training
  to teach participants self-discipline and organizational loyalty and to
  impart knowledge and understanding of legal processes and law enforcement.
  (e) EVALUATION OF PARTICIPANTS- A participant shall be evaluated during
  training for mental, physical, and emotional fitness, and shall be required
  to meet performance standards prescribed by the Director at the conclusion
  of each training session in order to remain in the Police Corps program.
  (f) STIPEND- The Director shall pay participants in training sessions a
  stipend of $250 a week during training.
SEC. 815. SERVICE OBLIGATION.
  (a) SWEARING IN- Upon satisfactory completion of the participant's course
  of education and training program established in section 814 and meeting
  the requirements of the police force to which the participant is assigned,
  a participant shall be sworn in as a member of the police force to which
  the participant is assigned pursuant to the State Police Corps plan,
  and shall serve for 4 years as a member of that police force.
  (b) RIGHTS AND RESPONSIBILITIES- A participant shall have all of the rights
  and responsibilities of and shall be subject to all rules and regulations
  applicable to other members of the police force of which the participant
  is a member, including those contained in applicable agreements with labor
  organizations and those provided by State and local law.
  (c) DISCIPLINE- If the police force of which the participant is a
  member subjects the participant to discipline such as would preclude
  the participant's completing 4 years of service, and result in denial of
  educational assistance under section 812, the Director may, upon a showing
  of good cause, permit the participant to complete the service obligation
  in an equivalent alternative law enforcement service and, if such service
  is satisfactorily completed, section 812(d)(1)(C) shall not apply.
SEC. 816. STATE PLAN REQUIREMENTS.
  A State Police Corps plan shall--
  (1) provide for the screening and selection of participants in accordance
  with the criteria set out in section 813;
  (2) state procedures governing the assignment of participants in the Police
  Corps program to State and local police forces (no more than 10 percent
  of all the participants assigned in each year by each State to be assigned
  to a statewide police force or forces);
  (3) provide that participants shall be assigned to those geographic areas
  in which--
  (A) there is the greatest need for additional law enforcement personnel; and
  (B) the participants will be used most effectively;
  (4) provide that to the extent consistent with paragraph (3), a participant
  shall be assigned to an area near the participant's home or such other
  place as the participant may request;
  (5) provide that to the extent feasible, a participant's assignment shall
  be made at the time the participant is accepted into the program, subject
  to change--
  (A) prior to commencement of a participant's fourth year of undergraduate
  study, under such circumstances as the plan may specify; and
  (B) from commencement of a participant's fourth year of undergraduate
  study until completion of 4 years of police service by participant, only
  for compelling reasons or to meet the needs of the State Police Corps
  program and only with the consent of the participant;
  (6) provide that no participant shall be assigned to serve with a local
  police force--
  (A) whose size has declined by more than 5 percent since June 21, 1989; or
  (B) which has members who have been laid off but not retired;
  (7) provide that participants shall be placed and to the extent feasible
  kept on community and preventive patrol;
  (8) assure that participants will receive effective training and leadership;
  (9) provide that the State may decline to offer a participant an appointment
  following completion of Federal training, or may remove a participant
  from the Police Corps program at any time, only for good cause (including
  failure to make satisfactory progress in a course of educational study)
  and after following reasonable review procedures stated in the plan; and
  (10) provide that a participant shall, while serving as a member of a police
  force, be compensated at the same rate of pay and benefits and enjoy the
  same rights under applicable agreements with labor organizations and under
  State and local law as other police officers of the same rank and tenure
  in the police force of which the participant is a member.
SEC. 817. AUTHORIZATION OF APPROPRIATIONS.
  There are authorized to be appropriated to carry out this subtitle
  $400,000,000 for fiscal year 1992 and such sums as are necessary to carry
  out the subtitle for fiscal years 1993, 1994, 1995, and 1996.
Subtitle B--Law Enforcement Scholarship Program
SEC. 821. DEFINITIONS.
  As used in this subtitle--
  (1) the term `educational expenses' means expenses that are directly
  attributable to--
  (A) a course of education leading to the award of an associate degree;
  (B) a course of education leading to the award of a baccalaureate degree; or
  (C) a course of graduate study following award of a baccalaureate degree,
including the cost of tuition, fees, books, supplies and related expenses;
  (2) the term `institution of higher education' has the meaning given
  that term in section 1201(a) of the Higher Education Act of 1965 (20
  U.S.C. 1141(a));
  (3) the term `law enforcement position' means employment as an officer in
  a State or local police force, or correctional institution; and
  (4) the term `State' means a State of the United States, the District of
  Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American
  Samoa, Guam, and the Commonwealth of the Northern Mariana Islands.
SEC. 822. ALLOTMENT.
  From amounts appropriated under the authority of section 829, the Director
  shall allocate--
  (1) 80 percent of such funds to States on the basis of the number of law
  enforcement officers in each State; and
  (2) 20 percent of such funds to States on the basis of the State's shortage
  of law enforcement personnel and the need for assistance under this subtitle.
SEC. 823. PROGRAM ESTABLISHED.
  (a) IN GENERAL- From amounts available pursuant to section 822 each
  State shall pay the Federal share of the cost of awarding scholarships
  to in-service law enforcement personnel to enable such personnel to seek
  further education.
  (b) FEDERAL SHARE- (1) The Federal share of the cost of scholarships under
  this subtitle shall not exceed 60 percent.
  (2) The non-Federal share of the cost of scholarships under this subtitle
  shall be supplied from sources other than the Federal Government.
  (c) RESPONSIBILITIES OF THE DIRECTOR- The Director shall be responsible
  for the administration of the program conducted pursuant to this subtitle
  and shall, in consultation with the Assistant Secretary for Postsecondary
  Education, promulgate regulations to implement this subtitle.
  (d) SPECIAL RULE- Each State receiving an allotment under section 823 shall
  ensure that each scholarship recipient under this subtitle be compensated
  at the same rate of pay and benefits and enjoy the same rights under
  applicable agreements with labor organizations and under State and local
  law as other law enforcement personnel of the same rank and tenure in the
  office of which the scholarship recipient is a member.
  (e) SUPPLEMENTATION OF FUNDING- Funds received under this subtitle shall
  only be used to supplement, and not to supplant, Federal, State, or local
  efforts for recruitment and education of law enforcement personnel.
SEC. 824. SCHOLARSHIPS.
  (a) PERIOD OF AWARD- Scholarships awarded under this subtitle shall be
  for a period of one academic year.
  (b) USE OF SCHOLARSHIPS- Each individual awarded a scholarship under this
  subtitle may use such scholarship for educational expenses at any accredited
  institution of higher education.
SEC. 825. ELIGIBILITY.
  An individual shall be eligible to receive a scholarship under this
  subtitle if such individual has been employed in law enforcement for 2
  years immediately preceding the date for which assistance is sought.
SEC. 826. STATE PLAN REQUIREMENTS.
  A State law enforcement scholarship plan shall--
  (1) contain assurances that the State shall make scholarship payments
  to institutions of higher education on behalf of individuals receiving
  financial assistance under this subtitle;
  (2) identify model curriculum and existing programs designed to meet the
  educational and professional needs of law enforcement personnel;
  (3) contain assurances that the State shall promote cooperative agreements
  with educational and law enforcement agencies to enhance law enforcement
  personnel recruitment efforts in high schools and community colleges; and
  (4) contain assurances that the State shall not expend for administrative
  expenses more than 8 percent of Federal funds received under section 823.
SEC. 827. LOCAL APPLICATION.
  (a) IN GENERAL- Each individual desiring a scholarship under this subtitle
  shall submit an application to the State at such time, in such manner, and
  accompanied by such information as the State may reasonably require. Each
  such application shall describe the academic courses for which financial
  assistance is sought.
  (b) PRIORITY- In awarding scholarships under this subtitle, each State
  shall give priority to applications from individuals who are--
  (1) members of racial, ethnic, or gender groups whose representation in
  the law enforcement agencies within the State is substantially less than in
  the population eligible for employment in law enforcement in the State; and
  (2) pursuing an undergraduate degree.
SEC. 828. SCHOLARSHIP AGREEMENT.
  (a) IN GENERAL- Each individual receiving a scholarship under this subtitle
  shall enter into an agreement with the Director.
  (b) CONTENTS- Each agreement described in subsection (a) shall--
  (1) provide assurances that the individual shall work in a law enforcement
  position in the State which awarded such individual the scholarship in
  accordance with the service obligation described in subsection (c) after
  completion of such individual's academic courses leading to an associate,
  bachelor, or graduate degree;
  (2) provide assurances that the individual will repay all of the
  scholarship assistance awarded under this title in accordance with such
  terms and conditions as the Director shall prescribe, in the event that
  the requirements of the agreement under paragraph (1) are not complied
  with except where the individual--
  (A) dies;
  (B) becomes physically or emotionally disabled, as established by the
  sworn affidavit of a qualified physician; or
  (C) has been discharged in bankruptcy; and
  (3) set forth the terms and conditions under which an individual receiving
  a scholarship under this subtitle may seek employment in the field of law
  enforcement in a State other than the State which awarded such individual
  the scholarship under this subtitle.
  (c) SERVICE OBLIGATION- (1) Each individual awarded a scholarship under
  this subtitle shall work in a law enforcement position in the State which
  awarded such individual the scholarship for a period of one month for each
  credit hour for which financial assistance is received under this subtitle.
  (2) For purposes of satisfying the requirement specified in paragraph
  (1) each individual awarded a scholarship under this Act shall work in a
  law enforcement position in the State which awarded such individual the
  scholarship for not less than 6 months nor more than 2 years.
SEC. 829. AUTHORIZATION OF APPROPRIATIONS.
  There are authorized to be appropriated to carry out this subtitle
  $30,000,000 for fiscal year 1992 and such sums as are necessary to carry
  out the subtitle for fiscal years 1993, 1994, 1995, and 1996.
Subtitle C--Reports
SEC. 831. REPORTS TO CONGRESS.
  (a) ANNUAL REPORTS- No later than April 1 of each fiscal year, the Director
  shall submit a report to the Attorney General, the President, the Speaker
  of the House of Representatives, and the President of the Senate. Such
  report shall--
  (1) state the number of current and past participants in the Police Corps
  program authorized by subtitle A, broken down according to the levels
  of educational study in which they are engaged and years of service they
  have served on police forces (including service following completion of
  the 4-year service obligation);
  (2) describe the geographic dispersion of participants in the Police
  Corps program;
  (3) state the number of present and past scholarship recipients under
  subtitle B, categorized according to the levels of educational study in
  which such recipients are engaged and the years of service such recipients
  have served in law enforcement;
  (4) describe the geographic, racial, and gender dispersion of scholarship
  recipients under subtitle B; and
  (5) describe the progress of the programs authorized by this title and
  make recommendations for changes in the programs.
  (b) SPECIAL REPORT- Not later than 6 months after the date of enactment of
  this Act, the Attorney General shall submit a report to Congress containing
  a plan to expand the assistance provided under subtitle B to Federal law
  enforcement officers. Such plan shall contain information of the number
  and type of Federal law enforcement officers eligible for such assistance.
TITLE IX--POLICE OFFICERS' BILL OF RIGHTS ACT OF 1991
SEC. 901. SHORT TITLE.
  This title may be cited as the `Police Officers' Bill of Rights Act of 1991'.
SEC. 902. RIGHTS OF LAW ENFORCEMENT OFFICERS.
  Part H of title I of the Omnibus Crime Control and Safe Streets Act of
  1968 (42 U.S.C. 3781 et seq.) is amended by adding at the end thereof the
  following new section:
`RIGHTS OF LAW ENFORCEMENT OFFICERS
  `SEC. 819. (a)  POLITICAL ACTIVITY- Except when on duty or acting in an
  official capacity, no law enforcement officer shall be prohibited from
  engaging in political activity or be denied the right to refrain from
  engaging in such activity.
  `(b) RIGHTS OF LAW ENFORCEMENT OFFICERS WHILE UNDER INVESTIGATION-
  When a law enforcement officer is under investigation or is subjected to
  questioning for any reason, other than in connection with an investigation
  or action described in subsection (h), under circumstances that could lead
  to disciplinary action, the following minimum standards shall apply:
  `(1) Questioning of the law enforcement officer shall be conducted at a
  reasonable hour, preferably when the law enforcement officer is on duty,
  unless exigent circumstances otherwise require.
  `(2) Questioning of the law enforcement officer shall take place at the
  offices of those conducting the investigation or the place where such
  law enforcement officer reports for duty unless the officer consents in
  writing to being questioned elsewhere.
  `(3) The law enforcement officer under investigation shall be informed,
  at the commencement of any questioning, of the name, rank, and command of
  the officer conducting the questioning.
  `(4) During any single period of questioning of the law enforcement officer,
  all questions shall be asked by or through a single investigator.
  `(5) The law enforcement officer under investigation shall be informed in
  writing of the nature of the investigation prior to any questioning.
  `(6) Any questioning of a law enforcement officer in connection with an
  investigation shall be for a reasonable period of time and shall allow
  for reasonable periods for the rest and personal necessities of the law
  enforcement officer.
  `(7) No threat against, harassment of, or promise or reward (except an
  officer of immunity from prosecution) to any law enforcement officer shall
  be made in connection with an investigation to induce the answering of
  any question.
  `(8) All questioning of any law enforcement officer in connection with the
  investigation shall be recorded in full in writing or by electronic device,
  and a copy of the transcript shall be made available to the officer under
  investigation.
  `(9) The law enforcement officer under investigation shall be entitled to
  the presence of counsel (or any other one person of the officer's choice)
  at any questioning of the officer, unless the officer consents in writing
  to being questioned outside the presence of counsel.
  `(10) At the conclusion of the investigation, the person in charge of the
  investigation shall inform the law enforcement officer under investigation,
  in writing, of the investigative findings and any recommendation for
  disciplinary action that the person intends to make.
  `(11) A law enforcement officer who brought before a disciplinary hearing
  shall be provided access to all transcripts, records, written statements,
  written reports and analyses and video tapes pertinent to the case that--
  `(A) contain exculpatory information;
  `(B) are intended to support any disciplinary action; or
  `(C) are to be introduced in the disciplinary hearing.
  `(c) OPPORTUNITY FOR A HEARING- (1) Except in a case of summary punishment
  or emergency suspension described in subsection (d), if an investigation of
  a law enforcement officer results in a recommendation of disciplinary action,
  the law enforcement agency shall notify the law enforcement officer that the
  officer is entitled to a hearing on the issues by a hearing officer or board.
  `(2)(A) Subject to subparagraph (B), a State shall determine the composition
  of a disciplinary hearing board and the procedures for a disciplinary
  hearing.
  `(B) A disciplinary hearing board that includes employees of the law
  enforcement agency of which the officer who is the subject of the hearing
  is a member shall include at least one law enforcement officer of equal
  or lesser rank to the officer who is the subject of the hearing.
  `(3) A penalty greater than that which was recommended by the trial board
  cannot be imposed upon the officer.
  `(d) SUMMARY PUNISHMENT AND EMERGENCY SUSPENSION- (1) This section does
  not preclude a State from providing for summary punishment or emergency
  suspension for misconduct by a law enforcement officer.
  `(2) An emergency suspension shall not affect or infringe on the health
  benefits of a law enforcement officer.
  `(e) NOTICE OF DISCIPLINARY ACTION- When disciplinary action is to be
  taken against a law enforcement officer, the officer shall be notified of
  the action and the reasons therefor a reasonable time before the action
  takes effect.
  `(f) RETALIATION FOR EXERCISING RIGHTS- There shall be no penalty or
  threat of penalty against a law enforcement officer for the exercise of
  the officer's rights under this section.
  `(g) OTHER REMEDIES NOT IMPAIRED- (1) Nothing in this section shall be
  construed to impair any other legal remedy that a law enforcement officer
  has with respect to any rights under this section.
  `(2) A law enforcement officer may waive any of the rights guaranteed by
  this section.
  `(h) APPLICATION OF SECTION- This section does not apply in the case of--
  `(1) an investigation of criminal conduct by a law enforcement officer; or
  `(2) a nondisciplinary action taken in good faith on the basis of a law
  enforcement officer's employment-related performance.
  `(i) DEFINITIONS- For the purposes of this section--
  `(1) the term `disciplinary action' means the suspension, demotion, reduction
  in pay or other employment benefit, dismissal, transfer, or similar action
  taken against a law enforcement officer as punishment for misconduct;
  `(2) the term `emergency suspension' means temporary action imposed by the
  head of the law enforcement agency when that official determines that the
  action is in the best interests of the public;
  `(3) the term `summary punishment' means punishment imposed for a minor
  violation of a law enforcement agency's rules and regulations that does
  not result in disciplinary action;
  `(4) the term `law enforcement agency' means a public agency charged by
  law with the duty to investigate crimes or apprehend or hold in custody
  persons charged with or convicted of crimes; and
  `(5) the term `law enforcement officer' means a full-time police officer,
  sheriff, or correctional officer of a law enforcement agency.
  `(j) PROHIBITION OF ADVERSE MATERIAL IN OFFICER'S FILE- A law enforcement
  agency shall not insert any adverse material into the file of any law
  enforcement officer unless the officer has had an opportunity to review
  and comment in writing on the adverse material.
  `(k) DISCLOSURE OF PERSONAL ASSETS- A law enforcement officer shall not
  be required or requested to disclose any item of the officer's personal
  property, income, assets, sources of income, debts, personal or domestic
  expenditures (including those of any member of the officer's household),
  unless
  `(1) the information is necessary in investigating a violation of any
  Federal, State, or local law, rule, or regulation with respect to the
  performance of official duties; or
  `(2) such disclosure is required by Federal, State, or local law.
  `(l) ENFORCEMENT OF PROTECTIONS FOR LAW ENFORCEMENT OFFICERS- (1) A State
  shall have not more than 2 legislative sessions to enact a Law Enforcement
  Officers' Bill of Rights that provides rights for law enforcement officers
  that are substantially similar to the rights afforded under this section.
  `(2) After the expiration of the time limit described in paragraph (1),
  a law enforcement officer shall have a cause of action in State court for
  the recovery of pecuniary and other damages and full reinstatement against
  a law enforcement agency that materially violates the rights afforded by
  this section.
  `(3) The sovereign immunity of a State shall not apply in the case of a
  violation of the rights afforded by this section.
  `(m) STATES' RIGHTS- This section does not preempt State law or collective
  bargaining agreements or discussions during the collective bargaining process
  that provide rights for law enforcement officers that are substantially
  similar to the rights afforded by this section.'.
TITLE X--FEDERAL LAW ENFORCEMENT AGENCIES
SEC. 1001. SHORT TITLE.
  This title may be cited as the `Federal Law Enforcement Act of 1991'.
SEC. 1002. AUTHORIZATION FOR FEDERAL LAW ENFORCEMENT AGENCIES.
  There is authorized to be appropriated for fiscal year 1992, $345,500,000
  (which shall be in addition to any other appropriations) to be allocated
  as follows:
  (1) For the Drug Enforcement Administration, $100,500,000, which shall
  include:
  (A) not to exceed $45,000,000 to hire, equip and train not less than 350
  agents and necessary support personnel to expand DEA investigations and
  operations against drug trafficking organizations in rural areas;
  (B) not to exceed $25,000,000 to expand DEA State and Local Task Forces,
  including payment of state and local overtime, equipment and personnel
  costs; and
  (C) not to exceed $5,000,000 to hire, equip and train not less than 50
  special agents and necessary support personnel to investigate violations
  of the Controlled Substances Act relating to anabolic steroids.
  (2) For the Federal Bureau of Investigation, $98,000,000, for the hiring of
  additional agents and support personnel to be dedicated to the investigation
  of drug trafficking organizations;
  (3) For the Immigration and Naturalization Service, $45,000,000, to be
  further allocated as follows:
  (A) $25,000,000 to hire, train and equip no fewer than 500 full-time
  equivalent Border Patrol officer positions;
  (B) $20,000,000, to hire, train and equip no fewer than 400 full-time
  equivalent INS criminal investigators dedicated to drug trafficking by
  illegal aliens and to deportations of criminal aliens.
  (4) For the United States attorneys, $45,000,000 to hire and train not
  less than 350 additional prosecutors and support personnel dedicated to
  the prosecution of drug trafficking and related offenses;
  (5) For the United States Marshals Service, $10,000,000;
  (6) For the Bureau of Alcohol, Tobacco, and Firearms, $15,000,000 to hire,
  equip and train not less than 100 special agents and support personnel to
  investigate firearms violations committed by drug trafficking organizations,
  particularly violent gangs;
  (7) For the United States courts, $20,000,000 for additional magistrates,
  probation officers, other personnel and equipment to address the case-load
  generated by the additional investigative and prosecutorial resources
  provided in this title; and
  (8) For Federal defender services, $12,000,000 for the defense of persons
  prosecuted for drug trafficking and related crimes.
TITLE XI--HABEAS CORPUS REFORM ACT
SEC. 1101. SHORT TITLE.
  This title may be cited as the `Habeas Corpus Reform Act of 1991'.
SEC. 1102. SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES.
  Part VI of title 28 of the United States Code is amended by inserting
  following chapter 153 the following new chapter:
`CHAPTER 154--SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES
`Sec.
`2256. Prisoners in State custody subject to capital sentence; appointment of
counsel; requirement of rule of court or statute; procedures for appointment.
`2257. Mandatory stay of execution; duration; limits on stays of execution;
successive petitions.
`2258. Filing of habeas corpus petition; time requirements; tolling rules.
`2259. Evidentiary hearings; scope of Federal review; district court
adjudication.
`2260. Certificate of probable cause inapplicable.
`2261. Counsel in capital cases; trial and post-conviction; standards.
`2262. Law controlling in Federal habeas corpus proceedings; retroactivity.
`Sec. 2256. Prisoners in State custody subject to capital sentence; appointment
of counsel; requirement of rule of court or statute; procedures for appointment
  `(a) This chapter shall apply to cases arising under section 2254 of this
  title brought by prisoners in State custody who are subject to a capital
  sentence. It shall apply only if subsections (b) and (c) are satisfied.
  `(b) This chapter is applicable if a State establishes by rule of its court
  of last resort or by statute a mechanism for the appointment, compensation,
  and payment of reasonable fees and litigation expenses of competent counsel
  consistent with section 2261 of this title.
  `(c)(1) Upon receipt of notice that counsel has been appointed to represent
  a prisoner under sentence of death after the prisoner's conviction and
  sentence have been upheld on direct review in a State court of last resort
  or in the Supreme Court of the United States if application is made to that
  court, the State court of last resort shall enter an order confirming the
  appointment and shall direct its clerk to forward the record of the case
  to the attorney appointed.
  `(2) Upon receipt of notice that counsel has been offered to, but declined
  by, a prisoner described in paragraph (1), the State court of last resort
  shall direct an appropriate court or judge to hold a hearing, at which
  the prisoner and the attorney offered to the prisoner shall be present, to
  determine whether the prisoner is competent to decide whether to accept or
  reject the appointment of counsel and whether, if competent, the prisoner
  knowingly and intelligently waives the appointment of counsel. The court or
  judge shall report its determinations to the State court of last resort,
  which shall review the determinations for error. If the State court of
  last resort concludes that the prisoner is incompetent and does not waive
  counsel, the court shall enter an order confirming the appointment of the
  attorney assigned to the prisoner by the appointing authority and shall
  direct the clerk to forward the record to the attorney appointed. If the
  court concludes that the prisoner is competent and waives counsel, the
  court shall enter an order that counsel need not be appointed and shall
  direct the clerk to forward the record to the prisoner.
  `(3) Nothing in this section requires the appointment of counsel to a
  prisoner who is not indigent.
  `(d) No counsel appointed pursuant to subsections (b) and (c) to represent
  a State prisoner in State collateral proceedings shall have previously
  represented the prisoner at trial or on direct appeal in the case for
  which the appointment is made unless the prisoner and counsel expressly
  request continued representation.
  `(e) The ineffectiveness or incompetence of counsel appointed under this
  chapter during State or Federal collateral post-conviction proceedings
  shall not be a ground for relief in a proceeding arising under this
  chapter or section 2254 of this title. This limitation shall not preclude
  the appointment of different counsel at any phase of State or Federal
  post-conviction proceedings.
`Sec. 2257. Mandatory stay of execution; duration; limits on stays of
execution; successive petitions
  `(a) Upon the entry in the State court of last resort of an order pursuant
  to section 2256(c) of this title, a warrant or order setting an execution
  date for a State prisoner shall be stayed upon application to any court that
  would have jurisdiction over any proceedings filed pursuant to section 2254
  of this title. The application must recite that the State has invoked the
  post-conviction review procedures of this chapter and that the scheduled
  execution is subject to stay.
  `(b) A stay of execution granted pursuant to subsection (a) shall expire if--
  `(1) a State prisoner fails to file a habeas corpus petition under section
  2254 of this title within the time required in section 2258 of this title;
  `(2) upon completion of district court and court of appeals review under
  section 2254 of this title the petition for relief is denied and--
  `(A) the time for filing a petition for certiorari has expired and no
  petition has been filed;
  `(B) a timely petition for certiorari was filed and the Supreme Court
  denied the petition; or
  `(C) a timely petition for certiorari was filed and upon consideration
  of the case, the Supreme Court disposed of it in a manner that left the
  capital sentence undisturbed; or
  `(3) before a court of competent jurisdiction, in the presence of counsel
  and after having been advised of the consequences of his decision, a State
  prisoner under capital sentence waives the right to pursue habeas corpus
  review under section 2254 of this title.
  `(c) If one of the conditions in subsection (b) has occurred, no Federal
  court thereafter shall have the authority to enter a stay of execution or
  grant relief in a capital case unless--
  `(1) the basis for the stay and request for relief is a claim not previously
  presented by the prisoner in the State or Federal courts, and the failure
  to raise the claim is--
  `(A) the result of State action in violation of the Constitution or laws
  of the United States;
  `(B) the result of the Supreme Court recognition of a new Federal right
  that is retroactively applicable; or
  `(C) based on a factual predicate that could not have been discovered
  through the exercise of reasonable diligence;
  `(2) the facts underlying the claim would be sufficient, if proven, to
  undermine the court's confidence in the jury's determination of guilt on
  the offense or offenses for which the death penalty was imposed; or
  `(3) a stay and consideration of the requested relief are necessary to
  prevent a miscarriage of justice.
`Sec. 2258. Filing of habeas corpus petition; time requirements; tolling rules
  `Any petition for habeas corpus relief under section 2254 of this title must
  be filed in the appropriate district court not later than 365 days after
  the date of filing in the State court of last resort of an order issued
  in compliance with section 2256(c) of this title. The time requirements
  established by this section shall be tolled--
  `(1) from the date that a petition for certiorari is filed in the Supreme
  Court until the date of final disposition of the petition if a State
  prisoner seeks review of a capital sentence that has been affirmed on
  direct appeal by the court of last resort of the State or has otherwise
  become final for State law purposes;
  `(2) during any period in which a State prisoner under capital sentence
  has a properly filed request for post-conviction review pending before
  a State court of competent jurisdiction and if all State filing rules
  are met in a timely manner, this period shall run continuously from the
  date that the State prisoner initially files for post-conviction review
  until final disposition of the case by the State court of last resort,
  and further until final disposition of the matter by the Supreme Court of
  the United States, if a timely petition for review is filed; and
  `(3) during an additional period not to exceed 90 days, if counsel for
  the State prisoner--
  `(A) moves for an extension of time in the United States district court
  that would have proper jurisdiction over the case upon the filing of a
  habeas corpus petition under section 2254 of this title; and
  `(B) makes a showing of good cause for counsel's inability to file the
  habeas corpus petition within the 365-day period established by this section.
`Sec. 2259. Evidentiary hearings; scope of Federal review; district court
adjudication
  `(a) Whenever a State prisoner under a capital sentence files a petition
  for habeas corpus relief to which this chapter applies, the district
  court shall--
  `(1) determine the sufficiency of the evidentiary record for habeas corpus
  review; and
  `(2) conduct any requested evidentiary hearing necessary to complete the
  record for habeas corpus review.
Upon the development of a complete evidentiary record under this subsection,
the district court shall rule on the merits of the claims properly before it.
  `(b)(1) Except as provided in paragraph (2), a district court may refuse
  to consider a claim under this section if--
  `(A) the prisoner previously failed to raise the claim in State court at
  the time and in the manner prescribed by State law;
  `(B) the State courts, for that reason, refused or would refuse to entertain
  the claim; and
  `(C) such refusal would constitute an adequate and independent State law
  ground that would foreclose direct review of the State court judgment in
  the United States Supreme Court.
  `(2) A district court shall consider a claim under this section if the
  prisoner shows that the failure to raise the claim in a State court was due
  to the ignorance or neglect of the prisoner or counsel or if the failure
  to consider such a claim would result in a miscarriage of justice.
`Sec. 2260. Certificate of probable cause inapplicable
  `The requirement of a certificate of probable cause in order to appeal
  from the district court to the court of appeals does not apply to habeas
  corpus cases subject to this chapter except when a second or successive
  petition is filed.
`Sec. 2261. Counsel in capital cases; trial and post-conviction; standards
  `(a) A mechanism for the provision of counsel services to indigents
  sufficient to invoke the provisions of this chapter under section 2256(b)
  of this title shall provide for counsel to--
  `(1) indigents charged with offenses for which capital punishment is sought;
  `(2) indigents who have been sentenced to death and who seek appellate or
  collateral review in State court; and
  `(3) indigents who have been sentenced to death and who seek certiorari
  review in the United States Supreme Court.
  `(b)(1) In the case of an appointment made before trial, at least one
  attorney appointed under this chapter must have been admitted to practice
  in the court in which the prosecution is to be tried for not less than 5
  years, and must have had not less than 3 years' experience in the trial
  of felony prosecutions in that court.
  `(2) In the case of an appointment made after trial, at least one attorney
  appointed under this chapter must have been admitted to practice in the
  court of last resort of the State for not less than 5 years, and must have
  had not less than 3 years' experience in the handling of appeals in that
  State courts in felony cases.
  `(3) Notwithstanding paragraphs (1) and (2) of this subsection, a court,
  for good cause and upon the defendant's request, may appoint another
  attorney whose background, knowledge, or experience would otherwise enable
  the attorney to properly represent the defendant, with due consideration of
  the seriousness of the possible penalty and the unique and complex nature
  of the litigation.
  `(c) Upon a finding in ex parte proceedings that investigative, expert
  or other services are reasonably necessary for the representation of the
  defendant, whether in connection with issues relating to guilt or issues
  relating to sentence, the court shall authorize the defendant's attorney
  to obtain such services on behalf of the defendant and shall order the
  payment of fees and expenses therefor, under subsection (d). Upon finding
  that timely procurement of such services could not practicably await prior
  authorization, the court may authorize the provision of and payment of
  such services nunc pro tunc.
  `(d) Notwithstanding the rates and maximum limits generally applicable to
  criminal cases and any other provision of law to the contrary, the court
  shall fix the compensation to be paid to an attorney appointed under this
  subsection and the fees and expenses to be paid for investigative, expert,
  and other reasonably necessary services authorized under subsection (c),
  at such rates or amounts as the court determines to be reasonably necessary
  to carry out the requirements of this subsection.'.
SEC. 1103. LAW APPLICABLE IN CHAPTER 153 PROCEEDINGS.
  (a) IN GENERAL- Chapter 153 of title 28, United States Code, is amended
  by adding at the end the following:
`Sec. 2255A. Law applicable
  `(a) Except as provided in subsection (b) of this section, each claim
  under this chapter shall be governed by the law existing on the date the
  court determines the claim.
  `(b) In determining whether to apply a new rule, the court shall consider--
  `(1) the purpose to be served by the new rule;
  `(2) the extent of the reliance by law enforcement authorities on a
  different rule; and
  `(3) the effect on the administration of justice of the application of
  the new rule.
  `(c) For purposes of this section, the term `new rule' means a sharp
  break from precedent announced by the Supreme court of the United States
  that explicitly and substantially changes the law from that governing at
  the time the claimant's sentence became final. A rule is not new merely
  because, based on precedent existing before the rule's announcement,
  it was susceptible to debate among reasonable minds.'.
  (b) CHAPTER ANALYSIS- The chapter analysis of chapter 153 of title 28,
  United States Code, is amended by adding at the end thereof the following:
`2255A. Law applicable.'.
TITLE XII--PUNISHMENT OF GUN CRIMINALS
SEC. 1201. SHORT TITLE.
  This title may be cited as the `Gun Criminals Punishment Act of 1991'.
Subtitle A--Increased Penalties for Gun Offenses
SEC. 1211. DEATH PENALTY FOR GUN MURDERS.
  Section 924(c) of title 18, United States Code, is amended by--
  (1) inserting `(A)' after `(1)';
  (2) designating the second sentence as subparagraph (B);
  (3) designating the third and fourth sentences as subparagraph (D); and
  (4) inserting before subparagraph (D) the following:
  `(C) Whoever violates the terms of subparagraph (A) and discharges a
  firearm that kills another person, shall, if the killing--
  `(A) is a first degree murder as defined in section 1111(a) of this title,
  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 defined in section
  1111(a) of this title, be fined under this title, imprisoned for any term
  of years or for life, or both.'.
SEC. 1212. INCREASED PENALTIES FOR VIOLENT GUN CRIMES.
  (a) IN GENERAL- Section 924(c)(1) of title 18, United States Code, is
  amended by--
  (1) striking subparagraph (A) and inserting the following:
  `(A) Whoever, during and in relation to any crime of violence or drug
  trafficking crime (including a crime of violence or drug trafficking crime
  which provides an enhanced punishment if committed by the use of a deadly
  or dangerous weapon or device) for which the person may be prosecuted in
  a court of the United States--
  `(i) discharges, uses, carries, or otherwise possesses a firearm shall,
  in addition to the penalties already provided for such crime of violence
  or drug trafficking crime, be sentenced to imprisonment for a term from
  5 to 10 years;
  `(ii) discharges, uses, carries, or otherwise possesses a firearm that is
  an assault weapon, short-barreled rifle, or short-barreled shotgun, shall,
  in addition to the penalties already provided for such crime of violence
  or drug trafficking crime, be sentenced to imprisonment for a term from
  10 to 15 years; or
  `(iii) discharges, uses, carries, or otherwise possesses a firearm that is
  a machinegun, a destructive device, or is equipped with a firearm silencer
  or firearm muffler, shall be sentenced to imprisonment for 30 years.'; and
  (2) striking subparagraph (B), as designated by section 1211 of this Act,
  and inserting the following:
  `(B) In the case of a second conviction under this subsection, such person
  shall be sentenced to imprisonment for 20 years and, if the firearm is
  an assault weapon, a short-barreled rifle, a short-barreled shotgun, a
  machinegun, a destructive device, or is equipped with a firearm silencer
  or firearm muffler, to life imprisonment.'.
  (b) SENTENCING GUIDELINES FOR NEW PENALTIES- Pursuant to its authority under
  section 994(p) of title 28, United States Code, the United States Sentencing
  Commission, shall promulgate guidelines or amend existing guidelines to
  provide for a sentencing enhancement in accord with the provisions of
  subsection (c)(1) of section 924 of title 18, United States Code.
Subtitle B--Firearms and Related Amendments
SEC. 1221. POSSESSION OF AN EXPLOSIVE DURING THE COMMISSION OF A FELONY.
  (a) POSSESSION OF EXPLOSIVES- Section 844(h) of title 18, United States
  Code, is amended by--
  (1) striking `carries an explosive during' and inserting `uses, carries,
  or otherwise possesses an explosive during'; and
  (2) striking `used or carried' and inserting `used, carried, or possessed'.
  (b) PENALTY- Section 844(h) of title 18, United States Code, is amended
  by striking `ten years' and inserting `twenty years'.
SEC. 1222. CLARIFICATION OF DEFINITION OF CONVICTION.
  Section 921(a)(20) of title 18, United States Code, is amended by adding
  at the end the following: `Notwithstanding the previous sentence, if the
  conviction was for a violent felony involving the threatened or actual use
  of a firearm or explosive or was for a serious drug offense, as defined
  in section 924(e) of this title, the person shall be considered convicted
  for purposes of this chapter irrespective of any pardon, setting aside,
  expunction or restoration of civil rights.'.
SEC. 1223. PERMITTING CONSIDERATION OF PRETRIAL DETENTION FOR CERTAIN FIREARMS
AND EXPLOSIVES OFFENSES.
  Section 3142(f)(1) of title 18, United States Code, is amended by--
  (1) striking `or' after the semicolon in subparagraph (C);
  (2) redesignating subparagraph (D) as subparagraph (E); and
  (3) inserting after subparagraph (C) the following:
  `(D) an offense under section 844(a) that is a violation of subsection
  (d), (h), or (i) of section 842 or an offense under section 924(a) that
  is a violation of title 18, United States Code, section 922(d), (g), (h),
  (i), (j), or (o), or an offense under section 844(d), or 924(b), (g), (h),
  (i) of this title or section 922(s) or (t).'.
SEC. 1224. SMUGGLING FIREARMS IN AID OF DRUG TRAFFICKING.
  Section 924 of title 18, United States Code, is amended by adding at the
  end thereof the following:
  `(m) Whoever, with the intent to engage in or to promote conduct which--
  `(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. 951
  et seq.), or the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901
  et seq.);
  `(2) violates any law of a State relating to any controlled substance (as
  defined in section 102 of the Controlled Substances Act, 21 U.S.C. 802); or
  `(3) constitutes a crime of violence (as defined in subsection (c)(3);
smuggles or knowingly brings into the United States a firearm, or attempts
to do so, shall be imprisoned for not more than ten years, fined under this
title, or both.'.
SEC. 1225. THEFT OF FIREARMS AND EXPLOSIVES.
  (a) FIREARMS- Section 924 of title 18, United States Code, is amended by
  adding at the end thereof:
  `(j) whoever steals any firearm which is moving as, or is a part of, or
  which has moved in, interstate or foreign commerce shall be imprisoned for
  not less than 2 or more than 10 years, and may be 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:
  `(k) Whoever steals any explosives materials which are moving as, or are
  a part of, or which have moved in, interstate or foreign commerce shall
  be imprisoned for not less than 2 or more than 10 years, or fined under
  this title, or both.'.
SEC. 1226. CONFORMING AMENDMENT PROVIDING MANDATORY REVOCATION OF SUPERVISED
RELEASE FOR POSSESSION OF A FIREARM.
  Section 3583 of title 18, United States Code is amended by adding at the
  end thereof the following new subsection:
  `(h) MANDATORY REVOCATION FOR POSSESSION OF A FIREARM- If the court has
  provided, as a condition of supervised release, that the defendant refrain
  from possessing a firearm, and if the defendant is in actual possession of a
  firearm, as that term is defined in section 921 of this title, at any time
  prior to the expiration or termination of the term of supervised release,
  the court shall, after a hearing pursuant to the provisions of the Federal
  Rules of Criminal Procedure that are applicable to probation revocation,
  revoke the term of supervised release and, subject to the limitations
  of paragraph (e)(3) of this section, require the defendant to serve in
  prison all or part of the term of supervised release without credit for
  time previously served on postrelease supervision.'.
SEC. 1227. INCREASED PENALTY FOR KNOWINGLY 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 paragraph (a)(1)(B), by striking out `(a)(6),'; and
  (2) in subsection (a)(2), by inserting `(a)(6),' after `subsections'.
SEC. 1228. STATUTE OF LIMITATIONS FOR CERTAIN GANGSTER WEAPON OFFENSES.
  Section 6531 of the Internal Revenue Code of 1986 (26 U.S.C. 6531, relating
  to periods of limitation of criminal prosecutions) is amended by striking
  `except that the period of limitation shall be six years' and inserting in
  lieu thereof `except that the period of limitation shall be five years for
  offenses described in section 5861 (relating to firearms) and the period
  of limitation shall be six years'.
SEC. 1229. 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. 1230. SUMMARY DESTRUCTION OF EXPLOSIVES SUBJECT TO FORFEITURE.
  Section 844(c) of title 18, United States Code, is amended by redesignating
  subsection (c) as subsection (c)(1) and by adding paragraphs (2) and (3)
  as follows:
  `(2) Notwithstanding the provisions of paragraph (1), in the case of the
  seizure of any explosive materials for any offense for which the materials
  would be subject to forfeiture where it is impracticable or unsafe to
  remove the materials to a place of storage, or where it is unsafe to store
  them, the seizing officer is authorized to destroy the explosive materials
  forthwith. Any destruction under this paragraph shall be in the presence
  of at least one credible witness. The seizing officer shall make a report
  of the seizure and take samples as the Secretary may by regulation prescribe.
  `(3) Within sixty 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 violation 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.'.
SEC. 1231. SUMMARY FORFEITURE OF UNREGISTERED NATIONAL FIREARMS ACT WEAPONS.
  Section 5872 of title 26, United States Code, is amended by redesignating
  subsection (a) as subsection (a)(1) and by adding paragraphs (2) and (3)
  to read as follows:
  `(2) UNREGISTERED NATIONAL FIREARMS ACT WEAPONS- Notwithstanding the
  provisions of paragraph (1), the provisions of sections 7323 and 7325
  shall not apply to any firearm which is not registered in the National
  Firearms Registration and Transfer Record pursuant to section 5841. No
  property rights shall exist in any such unregistered firearm and it shall
  be summarily forfeited to the United States.
  `(3) RIGHTS OF INNOCENT OWNERS- Within one year after the summary forfeiture
  made pursuant to paragraph (2) the owner of, including any person having an
  interest in, the property seized may make application to the Secretary for
  reimbursement of the value of such property. If the claimant establishes
  to the satisfaction of the Secretary that--
  `(A) such property has not been involved or used in a violation of law; or
  `(B) any unlawful involvement or use of such property had been without
  the claimant's consent, knowledge, or willful blindness,
the Secretary shall make an allowance to such claimant not exceeding the
value of the property so forfeited.'.
SEC. 1232. DISPOSITION OF FORFEITED FIREARMS.
  Subsection 5872(b) of the Internal Revenue Code of 1986 (26 U.S.C. 5872(b)),
  is amended to read as follows:
`(b) DISPOSAL- In the case of the forfeiture of any firearm, where there is
no remission or mitigation of forfeiture thereof--
  `(1) The Secretary may retain the firearm for official use of the Department
  of the Treasury or, if not so retained, offer to transfer the weapon without
  charge to any other executive department or independent establishment
  of the Government for official use by it and, if the offer is accepted,
  so transfer the firearm;
  `(2) If the firearm is not disposed of pursuant to paragraph (1), is a
  firearm other than a machinegun or a firearm forfeited for a violation
  of this chapter, is a firearm that in the opinion of the Secretary is not
  so defective that its disposition pursuant to this paragraph would create
  an unreasonable risk of a malfunction likely to result in death or bodily
  injury, and is a firearm which (in the judgment of the Secretary, taking
  into consideration evidence of present value and evidence that like firearms
  are not available except as collector's items, or that the value of like
  firearms available in ordinary commercial channels is substantially less)
  derives a substantial part of its monetary value from the fact that it is
  novel, rare, or because of its association with some historical figure,
  period, or event the Secretary may sell such firearm, after public notice,
  at public sale to a dealer licensed under the provisions of chapter 44 of
  title 18, United States Code;
  `(3) If the firearm has not been disposed of pursuant to paragraphs (1)
  or (2), the Secretary shall transfer the firearm to the Administrator of
  General Services, General Services Administration, who shall destroy or
  provide for the destruction of such firearm; and
  `(4) No decision or action of the Secretary pursuant to this subsection
  shall be subject to judicial review.'.
SEC. 1233. ELIMINATION OF OUTMODED LANGUAGE RELATING TO PAROLE.
  (a) Section 924(e)(1) of title 18, United States Code, is amended by striking
  `, and such person shall not be eligible for parole with respect to the
  sentence imposed under this subsection'.
  (b) 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 herein.'.
SEC. 1234. POSSESSION OF STOLEN FIREARMS.
  Section 922(j) of title 18, United States Code, is amended by inserting
  `possess,' before `receive,'.
SEC. 1235. USING A FIREARM IN THE COMMISSION OF COUNTERFEITING OR FORGERY.
  Section 924(c)(1) of title 18, United States Code, is amended by inserting
  `or during and in relation to any felony punishable under chapter 25
  (relating to counterfeiting and forgery) of this title' after `for which
  he may be prosecuted in a court of the United States,'.
SEC. 1236. MANDATORY PENALTY FOR FIREARMS POSSESSION BY VIOLENT FELONS AND
SERIOUS DRUG OFFENDERS.
  Section 924(a)(2) of title 18, United States Code, is amended by inserting a
  comma before `or both' and by inserting before the period at the end thereof
  the following: `, and if the violation is a violation of subsection (g)(1)
  of section 922 by a person who has a previous conviction for a violent
  felony or a serious drug offense as defined in subsection (e)(2) of this
  section, a sentence imposed under this paragraph shall include a term of
  imprisonment of not less than five years.'.
SEC. 1237. REPORTING OF MULTIPLE FIREARMS SALES.
  Subsection 923(g)(1)(D)(3) of title 18, United States Code, is amended--
  (1) by deleting the phrase `five consecutive business days' and inserting
  in lieu thereof `thirty consecutive days'; and
  (2) by adding a new sentence at the end thereof as follows: `Each licensee
  shall forward a copy of the report to the chief law enforcement officer of
  the place of residence of the unlicensed person not later than the close
  of business on the date that the multiple sale or disposition occurs.'.
SEC. 1238. POSSESSION OF STOLEN FIREARMS AND EXPLOSIVES.
  (a) FIREARMS- Section 922(j) of title 18, United States Code, is amended
  by inserting `possess,' before `conceal';
  (b) EXPLOSIVES- Section 842(h) of title 18, United States Code, is amended
  by inserting `possess,' before `conceal'.
SEC. 1239. RECEIPT OF FIREARMS BY NONRESIDENT.
  Section 922(a) of title 18, United States Code, is amended--
  (1) in paragraph (7) by striking `and' at the end thereof;
  (2) in paragraph (8) by striking the period at the end thereof and inserting
  `; and'; and
  (3) by adding at the end thereof the following new paragraph:
  `(9) for any person, other than a licensed importer, licensed manufacturer,
  licensed dealer, or licensed collector, who does not reside in any State
  to receive any firearms.'.
SEC. 1240. FIREARMS AND EXPLOSIVES CONSPIRACY.
  (a) FIREARMS- Section 924 of title 18, United States Code, is amended by
  adding at the end thereof the following new subsection:
  `(k) Whoever conspires to commit any offense defined in this chapter shall
  be subject to the same penalties as those prescribed for the offense the
  commission of which was the object of the conspiracy.'.
  (b) EXPLOSIVES- Section 844 of title 18, United States Code, is amended
  by adding at the end thereof the following new subsection:
  `(l) Whoever conspires to commit any offense defined in this chapter shall
  be subject to the same penalties as those prescribed for the offense the
  commission of which was the object of the conspiracy.'.
SEC. 1241. THEFT OF FIREARMS OR EXPLOSIVES FROM LICENSEE.
  (a) FIREARMS- Section 924 of title 18, United States Code, is amended by
  adding at the end thereof the following new subsection:
  `(l) Whoever steals any firearm from a licensed importer, licensed
  manufacturer, licensed dealer or licensed collector shall be fined in
  accordance with this title, imprisoned not more than ten years, or both.'.
  (b) EXPLOSIVES- Section 844 of title 18, United States Code, is amended
  by adding at the end thereof the following new subsection:
  `(m) Whoever steals any explosive material from a licensed importer, licensed
  manufacturer or licensed dealer, or from any permittee shall be fined in
  accordance with this title, imprisoned not more than ten years, or both.'.
SEC. 1242. DISPOSING OF EXPLOSIVES TO PROHIBITED PERSONS.
  Section 842(d) of title 18, United States Code, is amended by striking
  `licensee' and inserting in lieu thereof `person'.
SEC. 1243. CLARIFICATION OF `BURGLARY' UNDER THE ARMED CAREER CRIMINAL STATUTE.
  Section 924(e)(2) of title 18, United States Code, is amended by adding
  at the end thereof the following:
  `(D) the term `burglary' means any crime punishable by a term of imprisonment
  exceeding one year and consisting of entering or remaining surreptitiously
  within a building that is the property of another with intent to engage
  in conduct constituting a Federal or State offense.'.
SEC. 1244. CLARIFICATION OF PENALTY ENHANCEMENT.
  Section 924(c)(1)(D) of title 18, United States Code, is amended by striking
  `convicted of a violation of' and inserting `sentenced pursuant to'.
SEC. 1245. BAR ON SALE OF FIREARMS AND EXPLOSIVES TO OR POSSESSION OF FIREARMS
AND EXPLOSIVES BY PERSONS CONVICTED OF A VIOLENT OR SERIOUS DRUG MISDEMEANOR.
  (a) FIREARMS- Sections 842(d)(2) and 922(d)(1) of title 18, United States
  Code, are each amended by inserting `, or has been convicted in any court
  of any crime of violence involving use of a firearm or destructive device
  or misdemeanor drug or narcotic offense (as defined in section 404(c)
  of the Controlled Substances Act, 21 U.S.C. 844(c)) for which the maximum
  penalty authorized is greater than 6 months (it is a bar to a prosecution
  under this paragraph that the conviction for a misdemeanor drug or narcotic
  offense occurred prior to the date of enactment of the Violent Crime Control
  Act of 1991)' after `crime punishable by imprisonment for a term exceeding
  one year';
  (b) EXPLOSIVES- Sections 842(i)(1) and 922(g)(1) of title 18, United States
  Code, are each amended by inserting `or has been convicted in any court
  of any crime of violence involving use of a firearm or destructive device
  or misdemeanor drug or narcotic offense (as defined in section 404(c)
  of the Controlled Substances Act, 21 U.S.C. 844(c)) for which the maximum
  penalty authorized is greater than 6 months (it is a bar to a prosecution
  under this section that the conviction for a serious misdemeanor drug or
  narcotic offense occurred prior to the date of enactment of the Violent
  Crime Control Act of 1991)' after `crime punishable by imprisonment for
  a term exceeding one year';
Subtitle C--Prohibited Gun Clips and Magazines
SEC. 1251. FINDINGS.
  The Congress finds that--
  (1) offenses involving firearms equipped with magazines, belts, drums,
  feed strips, and other similar devices that enable such firearms to fire
  more than fifteen rounds without reloading, and particularly drug offenses,
  with their attendant loss of life and the generation of illegal profits,
  affect interstate and foreign commerce; and
  (2) such devices are themselves sold in interstate and foreign commerce,
  and are moved in commerce for the purpose of use in violent crimes.
SEC. 1252. CERTAIN AMMUNITION CLIPS AND MAGAZINES DEFINED AS FIREARMS.
  Section 921(a)(3) of title 18, United States Code, is amended by striking
  `or' before `(D)', and by striking out the period after the word `device'
  and inserting in lieu thereof `; or (E) any ammunition feeding device.'.
SEC. 1253. DEFINITION OF AMMUNITION FEEDING DEVICE.
  Section 921(a) of title 18, United States Code, is amended by adding a
  new paragraph at the end thereof as follows:
  `(30) The term `ammunition feeding device' means a detachable magazine,
  belt, drum, feed strip, or similar device which has a capacity of,
  or which can be readily restored or converted to accept, more than 15
  rounds of ammunition. The term also includes any combination of parts
  from which such device can be assembled. Notwithstanding the foregoing,
  such term shall not include any attached tubular device designed to accept
  and capable of operating with only .22 rim-fire caliber ammunition.'.
SEC. 1254. PROHIBITIONS APPLICABLE TO AMMUNITION FEEDING DEVICES.
  Section 922 of title 18, United States Code, is amended by adding new
  subsections (v), (w), and (x), as follows:
  `(v) It shall be unlawful for any person to import, manufacture, transport,
  ship, transfer, receive, or possess an ammunition feeding device, except
  that this subsection shall not apply to--
  `(1) any importation or manufacture of such a device for sale or distribution
  by a licensed importer or licensed manufacturer to the United States or
  any department or agency thereof or to any State or any department, agency,
  or political subdivision thereof;
  `(2) any possession, shipment, transportation of or transfer (in accordance
  with the provisions of subsections (w) and (x)) of such a device that was
  lawfully possessed before this subsection takes effect; or
  `(3) any manufacture of such a device for the purpose of exportation.
  `(w) The Secretary shall maintain a central registry of all ammunition
  feeding devices transferred after the effective date of this subsection
  which, after such transfer, are not in the possession or under the control
  of the United States, or any department or agency thereof or any department,
  agency, or political subdivision thereof. This registry shall be known as
  the National Ammunition Feeding Device Registry. The registry shall include--
  `(1) identification of the device;
  `(2) date of registration;
  `(3) identification and address of the person entitled to possess the
  device; and
  `(4) such other information as may be required by regulations promulgated
  by the Secretary.
  `(x) Each transferor of an ammunition feeding device that was lawfully
  possessed before the effective date of subsection (v) shall (except in the
  case of a transfer to the United States, or any department or agency thereof
  or any State or any department, agency, or political subvision thereof)
  register the device to the transferee in accordance with regulations
  promulgated by the Secretary. Any information or evidence required to be
  provided in the course of such registration by a natural person shall
  be subject to the use-restriction provisions of section 5848 of title
  26, United States Code. The transferor shall, contemporaneously with the
  registration of the device, pay a fee of $25 to the Secretary. A transferee
  of an ammunition feeding device required to be registered as required by
  this subsection shall retain proof of such registration which shall be
  made available to the Secretary upon request.'.
SEC. 1255. IDENTIFICATION MARKINGS FOR AMMUNITION FEEDING DEVICES.
  Section 923(i) of title 18, United States Code, is amended by adding at
  the end thereof a new sentence as follows: `An ammunition feeding device
  shall be identified by a serial number and such other identification as
  the Secretary may by regulations prescribe.'.
SEC. 1256. CRIMINAL PENALTIES.
  Subsection 924(a)(2) of title 18, United States Code, is amended by striking
  out `or (o)' and inserting in lieu thereof `(o), or (v)'.
SEC. 1257. NONINTERRUPTION OF BUSINESS FOR PERSONS IN THE BUSINESS OF
IMPORTING OR MANUFACTURING AMMUNITION FEEDING DEVICES.
  Any person engaging in the business of manufacturing or importing ammunition
  feeding devices requiring a license under the provisions of chapter 44 of
  title 18, United States Code, who was engaged in such business on the date
  of enactment of this Act, and who files an application for a license under
  the provisions of section 923 of title 18, United States Code, within 30
  days after the date of enactment, may continue such business pending final
  action on the application. All provisions of chapter 44 of title 18, United
  Stated Code, shall apply to such applicant in the same manner and to the
  same extent as if the applicant were a holder of a license under chapter 44.
TITLE XIII--PRISON FOR VIOLENT DRUG OFFENDERS
SEC. 1301. REGIONAL PRISONS.
  (a) FINDINGS- The Congress makes the following findings:
  (1) The total population of Federal, State, and local prisons and jails
  increased by 84 percent between 1980 and 1988 and currently numbers more
  than 900,000 people.
  (2) More than 60 percent of all prisoners have a history of drug abuse or
  are regularly using drugs while in prison, but only 11 percent of State
  prison inmates and 7 percent of Federal prisoners are enrolled in drug
  treatment programs. Hundreds of thousands of prisoners are not receiving
  needed drug treatment while incarcerated, and the number of such persons
  is increasing rapidly.
  (3) Drug-abusing prisoners are highly likely to return to crime upon
  release, but the recidivism rate is much lower for those who successfully
  complete treatment programs. Providing drug treatment to prisoners during
  incarceration therefore provides an opportunity to break the cycle of
  recidivism, reducing the crime rate and future prison overcrowding.
  (b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  for the fiscal year ending September 30, 1992, the following amounts:
  (1) $600,000,000 for the construction of 10 regional prisons; and
  (2) $100,000,000 for the operation of such regional prisons for one year.
Such amounts shall be in addition to any other amounts authorized to be
appropriated to the Bureau of Prisons.
  (c) LOCATION AND POPULATION- The regional prisons authorized by this section
  shall be located in places chosen by the Director of National Drug Control
  Policy, after consulting with the Director of the Bureau of Prisons, not
  less than 6 months after the effective date of this section. Each such
  facility shall be used to accommodate a population consisting of State and
  Federal prisoners in proportions of 20 percent Federal and 80 percent State.
  (d) ELIGIBILITY OF PRISONERS- The regional prisons authorized by this
  section shall be used to incarcerate State and Federal prisoners who have
  release dates of not more than 2 years from the date of assignment to the
  prison and who have been found to have substance abuse problems requiring
  long-term treatment.
  (e) STATE RESPONSIBILITIES- (1) The States shall select prisoners
  for assignment to the regional prisons who, in addition to satisfying
  eligibility criteria otherwise specified in this section, have long-term
  drug abuse problems and serious criminal histories. Selection of such
  persons is necessary for the regional prison program to have the maximum
  impact on the crime rate and future prison overcrowding, since such persons
  are the ones most likely to commit new crimes following release. Prisoners
  selected for assignment to a regional prison must agree to the assignment.
  (2) Any State seeking to refer a State prisoner to a regional prison
  shall submit to the Director of the Bureau of Prisons (referred to as the
  `Director') an aftercare plan setting forth the provisions that the State
  will make for the continued treatment of the prisoner in a therapeutic
  community following release. The aftercare plan shall also contain provisions
  for vocational job training where appropriate.
  (3) The State referring the prisoner to the regional prison (referred to
  as the `sending State') shall reimburse the Bureau of Prisons for the full
  cost of the incarceration and treatment of the prisoner, except that if
  the prisoner successfully completes the treatment program, the Director
  shall return to the sending State 25 percent of the amount paid for that
  prisoner. The total amount returned to each State under this paragraph
  in each fiscal year shall be used by that State to provide the aftercare
  treatment required by paragraph (2).
  (f) POWERS OF THE DIRECTOR- (1) The Director shall have the exclusive
  right to determine whether or not a State or Federal prisoner satisfies
  the eligibility requirements of this section, and whether the prisoner
  is to be accepted into the regional prison program. The Director shall
  have the right to make this determination after the staff of the regional
  prison has had an opportunity to interview the prisoner in person.
  (2) The Director shall have the exclusive right to determine if a prisoner
  in the regional treatment program is complying with all of the conditions
  and requirements of the program. The Director shall have the authority to
  return any prisoner not complying with the conditions and requirements of
  the program to the sending State at any time. The Director shall notify
  the sending State whenever such prisoner is returned that the prisoner
  has not successfully completed the treatment program.
TITLE XIV--BOOT CAMPS
SEC. 1401. BOOT CAMPS.
  (a) IN GENERAL- Not later than 1 year after the effective date of this
  section, the Attorney General shall establish within the Bureau of Prisons
  10 military-style boot camp prisons (referred to in this title as `boot
  camps'). The boot camps will be located on closed military installations on
  sites to be chosen by the Director of National Drug Control Policy, after
  consultation with the Director of the Bureau of Prisons, and will provide a
  highly regimented schedule of strict discipline, physical training, work,
  drill, and ceremony characteristic of military basic training as well as
  remedial education and treatment for substance abuse.
  (b) CAPACITY- Each boot camp shall be designed to accommodate between
  200 and 300 inmates for periods of not less than 90 days and not greater
  than 120 days. Not more than 20 percent of the inmates shall be Federal
  prisoners. The remaining inmates shall be State prisoners who are accepted
  for participation in the boot camp program pursuant to subsection (d).
  (c) FEDERAL PRISONERS- Section 3582 of title 18, United States Code,
  is amended by adding at the end the following new subsection:
  `(e) BOOT CAMP PRISON AS A SENTENCING ALTERNATIVE- (1) The court, in imposing
  sentence in the circumstances described in paragraph (2), may designate the
  defendant as eligible for placement in a boot camp prison. The Bureau of
  Prisons shall determine whether a defendant so designated will be assigned
  to a boot camp prison.
  `(2) A defendant may be designated as eligible for placement in boot camp
  prison if--
  `(A) the defendant--
  `(i) is under 25 years of age;
  `(ii) has no prior conviction for which he or she has served more than 10
  days incarceration; and
  `(iii) has been convicted of an offense involving a controlled substance
  punishable under the Controlled Substances Act or the Controlled Substances
  Export and Import Act, or any other offense if the defendant, at the time
  of arrest or at any time thereafter, tested positive for the presence of
  a controlled substance in his or her blood or urine; and
  `(B) the sentencing court finds that the defendant's total offense level
  under the Federal sentencing guidelines is level 9 or less.
  `(3) If the Director of the Bureau of Prisons finds that an inmate placed
  in a boot camp prison pursuant to this subsection has willfully refused to
  comply with the conditions of confinement in the boot camp, the Director
  may transfer the inmate to any other correctional facility in the Federal
  prison system.
  `(4) Successful completion of assignment to a boot camp shall constitute
  satisfaction of any period of active incarceration, but shall not affect
  any aspect of a sentence relating to a fine, restitution, or supervised
  release.'.
  (d) STATE PRISONERS- (1) Any person who has been convicted of a criminal
  offense in any State, or who anticipates entering a plea of guilty of such
  offense, but who has not yet been sentenced, may apply to be assigned to
  a boot camp. Such application shall be made to the Bureau of Prisons and
  shall be in the form designated by the Director of the Bureau of Prisons and
  shall contain a statement certified by counsel for the applicant that at the
  time of sentencing the applicant is likely to be eligible for assignment
  to a boot camp pursuant to paragraph (2). The Bureau of Prisons shall
  respond to such applications within 14 days so that the sentencing court
  is aware of the result of the application at the time of sentencing. In
  responding to such applications, the Bureau of Prisons shall determine,
  on the basis of the availability of space, whether a defendant who becomes
  eligible for assignment to a boot camp prison at the time of sentencing
  will be so assigned.
  (2) A person convicted of a State criminal offense shall be eligible for
  assignment to a boot camp if he or she--
  (A) is under 25 years of age;
  (B) has no prior conviction for which he or she has served more than 10
  days incarceration;
  (C) has been sentenced to a term of imprisonment that will be satisfied
  under the law of the sentencing State if the defendant successfully completes
  a term of not less than 90 days nor more than 120 days in a boot camp;
  (D) has been designated by the sentencing court as eligible for assignment
  to a boot camp; and
  (E) has been convicted of an offense involving a controlled substance (as
  defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)),
  or any other offense if the defendant, at the time of arrest or at any time
  thereafter, tested positive for the presence of a controlled substance in
  his or her blood or urine.
  (3) If the Director of the Bureau of Prisons finds that an inmate placed
  in a boot camp prison pursuant to this subsection has willfully refused to
  comply with the conditions of confinement in the boot camp, the Director may
  transfer the inmate back to the jurisdiction of the State sentencing court.
  (4) Each State that refers a prisoner to a boot camp shall reimburse the
  Bureau of Prisons for--
  (A) 80 percent of the cost incurred by the Bureau of Prisons for
  incarceration and treatment and other services to such prisoner that
  successfully completes the program; and
  (B) 100 percent of such costs for each prisoner that enters a boot camp
  but does not successfully complete the program.
  (e) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  $150,000,000 for fiscal year 1992 of which not more than $12,500,000
  shall be used to convert each closed military base to a boot camp prison
  and not more than $2,500,000 shall be used to operate each boot camp for
  one fiscal year. Such amounts shall be in addition to any other amounts
  authorized to be appropriated to the Bureau of Prisons.
TITLE XV--YOUTH VIOLENCE ACT
Subtitle A--Increasing Penalties for Employing Children to Distribute Drugs
Near Schools and Playgrounds
SEC. 1501. STRENGTHENING FEDERAL PENALTIES.
  Section 419 of the Controlled Substances Act (21 U.S.C. 859) is amended
  as follows:
  (1) at the end of subsection (b) by adding the following:
  `(c) Notwithstanding any other provision of law, any person at least 18
  years of age who knowingly and intentionally--
  `(1) employs, hires, uses, persuades, induces, entices, or coerces,
  a person under 18 years of age to violate any provision of this section; or
  `(2) employs, hires, uses, persuades, induces, entices, or coerces, a person
  under 18 years of age to assist in avoiding detection or apprehension for
  any offense of this section by any Federal, State, or local law enforcement
  official,
is punishable by a term of imprisonment, or fine, or both, up to triple that
authorized by section 841(b) of this title.';
  (2) in subsection (c) by--
  (A) striking `(c)' and inserting in lieu thereof `(d)';
  (B) inserting `or (c)' after `imposed under subsection (b)'; and
  (C) inserting `or (c)' after `convicted under subsection (b)';
  (3) in subsection (d) by striking `(d)' and inserting in lieu thereof `(e)'.
Subtitle B--Antigang Grants
SEC. 1511. GRANT PROGRAM.
  The Juvenile Justice and Delinquency Prevention Act of 1974 is amended in
  part B by--
  (1) inserting after the heading for such part the following:
`Subpart I--General Grant Programs';
and
  (2) adding at the end thereof a new subpart II, as follows:
`Subpart II--Juvenile Drug Trafficking and Gang Prevention Grants
`FORMULA GRANTS
  `SEC. 231. (a) The Administrator is authorized to make grants to States
  and units of general local government or combinations thereof to assist
  them in planning, establishing, operating, coordinating, and evaluating
  projects directly or through grants and contracts with public and private
  agencies for the development of more effective programs including education,
  prevention, treatment and enforcement programs to reduce--
  `(1) the formation or continuation of juvenile gangs; and
  `(2) the use and sale of illegal drugs by juveniles.
  `(b) The grants made under this section can be used for any of the following
  specific purposes:
  `(1) To reduce the participation of juveniles in drug related crimes
  (including drug trafficking and drug use), particularly in and around
  elementary and secondary schools;
  `(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, new and 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 provide technical assistance and training to personnel and agencies
  responsible for the adjudicatory and corrections components of the juvenile
  justice system to identify drug-dependent or gang-involved juvenile offenders
  and to provide appropriate counseling and treatment to such offenders;
  `(6) 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;
  `(7) 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 the drug trafficking, drug use or gang-related
  activities;
  `(8) 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;
  `(9) 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; and
  `(10) To provide education and treatment programs for youth exposed to
  severe violence in their homes, schools or neighborhoods.
  `(c) Of the funds made available to each State under this section (Formula
  Grants) 50 per centum of the funds made available to each State in any
  fiscal year shall be used for juvenile drug supply reduction programs and
  50 per centum shall be used for juvenile drug demand reduction programs.
`SPECIAL EMPHASIS DRUG DEMAND REDUCTION AND ENFORCEMENT GRANTS
  `SEC. 232. (a) The purpose of this section is to provide additional Federal
  assistance and support to identify promising new juvenile drug demand
  reduction and enforcement programs, to replicate and demonstrate these
  programs to serve as national, regional or local models that could be used,
  in whole or in part, by other public and private juvenile justice programs,
  and to provide technical assistance and training to public or private
  organizations to implement similar programs. In making grants under
  this section, the Administrator shall give priority to programs aimed
  at juvenile involvement in organized gang- and drug-related activities,
  including supply and demand reduction programs.
  `(b) The Administrator is authorized to make grants to, or enter into
  contracts with, public or private non-profit agencies, institutions,
  or organizations or individuals to carry out any purpose authorized in
  section 231. The Administrator shall have final authority over all funds
  awarded under this subchapter.
  `(c) Of the total amount appropriated for this subchapter, 20 per centum
  shall be reserved and set aside for this section in a special discretionary
  fund for use by the Administrator to carry out the purposes specified in
  section 231 as described in section 232(a). Grants made under this section
  may be made for amounts up to 100 per centum of the costs of the programs
  or projects.
`AUTHORIZATION
  `SEC. 233. There is authorized to be appropriated $100,000,000 in fiscal
  year 1992 and such sums as may be necessary in fiscal year 1993 to carry
  out the purposes of this subpart.
`ALLOCATION OF FUND
  `SEC. 234. Of the total amounts appropriated under this subpart in any
  fiscal year the amount remaining after setting aside the amounts required
  to be reserved to carry out section 232 (Discretionary Grants) shall be
  allocated as follows:
  `(1) $400,000 shall be allocated to each of the participating States;
  `(2) Of the total funds remaining after the allocation under paragraph
  (a), there shall be allocated to each State an amount which bears the same
  ratio to the amount of remaining funds described in this paragraph as the
  population of juveniles of such State bears to the population of juveniles
  of all the States.
`APPLICATION
  `SEC. 235. (a) Each State applying for grants under section 231 (Formula
  Grants) and each public or private entity applying for grants under section
  232 (Discretionary Grants) shall submit an application to the Administrator
  in such form and containing such information as the Administrator shall
  prescribe.
  `(b) To the extent practical, the Administrator shall prescribe regulations
  governing applications for this subpart that are substantially similar to
  the applications required under part I (general juvenile justice formula
  grant) and part C (special emphasis prevention and treatment grants),
  including the procedures relating to competition.
  `(c) In addition to the requirements prescribed in subsection (b), each
  State application submitted under section 231 shall include a detailed
  description of how the funds made available shall be coordinated with
  Federal assistance provided in parts B and C of title II of the Juvenile
  Justice and Delinquency Prevention Act of 1974 and by the Bureau of Justice
  Assistance under the Drug Control and System Improvement Grant program.
`REVIEW AND APPROVAL OF APPLICATIONS
  `SEC. 236. The procedures and time limits imposed on the Federal and State
  Governments under sections 505 and 508, respectively, of title I of the
  Omnibus Crime Control and Safe Streets Act of 1968 relating to the review
  of applications and distribution of Federal funds shall apply to the review
  of applications and distribution of funds under this subpart.'.
SEC. 1512. CONFORMING AMENDMENTS.
  (a) TITLE II- Section 291 of title II of the Juvenile Justice Delinquency
  Prevention Act of 1974 (42 U.S.C. 5671) is amended--
  (1) in subsection (a)--
  (A) in paragraph (1) by striking `(other than part D)';
  (B) and by striking paragraph (2) in its entirety; and
  (2) in subsection (b) by striking `(other than part D)'.
  (b) PART D- Part D of title II of the Juvenile Justice and Delinquency
  Prevention Act of 1974 is hereby repealed.
  (c) PART E- Part E of title II of such Act is redesignated as part D.
Subtitle C--Juvenile Penalties
SEC. 1521. TREATMENT OF VIOLENT JUVENILES AS ADULTS.
  (a) DESIGNATION OF UNDESIGNATED PARAGRAPHS- Section 5032 of title 18,
  United States Code, is amended by designating undesignated paragraphs one
  through eleven as subsections (a) through (k), respectively.
  (b) JURISDICTION OVER CERTAIN FIREARMS OFFENSES- Section 5032(a) of title
  18, United States Code, as so designated by this section, is amended by
  striking `922(p)' and inserting `924 (b), (g), or (h)'.
  (c) ADULT STATUS OF JUVENILES WHO COMMIT FIREARMS OFFENSES- Section 5032(d)
  of title 18, United States Code, is amended--
  (1) by striking `A juvenile' and inserting `(1) Except as provided in
  paragraphs (2) and (3), a juvenile';
  (2) by striking `, except that,' and designating the following matter up
  to the semicolon as paragraph (2);
  (3) by striking `however' after the semicolon and designating the remaining
  matter as paragraph (3); and
  (4) by inserting in paragraph (2) `or section 924 (b), (g), or (h) of this
  title,' after `959),'.
  (d) FACTORS FOR TRANSFERRING A JUVENILE TO ADULT STATUS- Section 5032(e)
  of title 18, United States Code, is amended--
  (1) by inserting `(1)' before `Evidence';
  (2) by striking `intellectual development and psychological maturity;'
  and inserting `level of intellectual development and maturity; and';
  (3) by inserting `, such as rehabilitation and substance abuse treatment,'
  after `past treatment efforts';
  (4) by striking `; the availability of programs designed to treat the
  juvenile's behavioral problems'; and
  (5) by adding at the end the following:
  `(2) In considering the nature of the offense, as required by this
  subsection, 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 and distribution of
  controlled substances or firearms. Such factors, if found to exist, shall
  weigh heavily in favor of a transfer to adult status, but the absence of
  such factors shall not preclude a transfer to adult status.'.
SEC. 1522. SERIOUS DRUG OFFENSES BY JUVENILES AS ARMED CAREER CRIMINAL
ACT PREDICATES.
  (a) ACT OF JUVENILE DELINQUENCY- Section 924(e)(2)(A) of title 18, United
  States Code, is amended--
  (1) by striking out `or' at the end of clause (i);
  (2) by striking out `and' at the end of clause (ii) and inserting in lieu
  thereof `or'; and
  (3) by adding a new clause (iii), as follows:
  `(iii) any act of juvenile delinquency that if committed by an adult would
  be punishable under section 401(b)(1)(A) of the Controlled Substances Act
  (21 U.S.C. 841(b)(1)(A)); and'.
  (b) SERIOUS DRUG OFFENSE- Section 924(e)(2)(C) of title 18, United States
  Code, is amended by adding `or serious drug offense' after `violent felony'.
TITLE XVI--RURAL CRIME AND DRUG CONTROL ACT
Subtitle A--Fighting Drug Trafficking in Rural Areas
SEC. 1601. AUTHORIZATIONS FOR RURAL LAW ENFORCEMENT AGENCIES.
  (a) AUTHORIZATION OF APPROPRIATIONS- Section 1001(a) of title I of the
  Omnibus Crime Control and Safe Streets Act of 1968 is amended by adding
  at the end thereof the following new paragraph:
  `(7) There are authorized to be appropriated $50,000,000 for fiscal year
  1992 and such sums as may be necessary for fiscal years 1993 and 1994 to
  carry out part O of this title.'.
  (b) AMENDMENT 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 in lieu thereof `$250,000'.
SEC. 1602. RURAL DRUG ENFORCEMENT TASK FORCES.
  (a) ESTABLISHMENT- Not later than 90 days after the date of enactment of
  this Act, the Attorney General, in consultation with the Governors, mayors,
  and chief executive officers of State and local law enforcement agencies,
  shall establish a Rural Drug Enforcement Task Force in each of the Federal
  judicial districts which encompass significant rural lands.
  (b) TASK FORCE MEMBERSHIP- The task forces established under subsection (a)
  shall be chaired by the United States Attorney for the respective Federal
  judicial district. The task forces shall include representatives from--
  (1) State and local law enforcement agencies;
  (2) the Drug Enforcement Administration;
  (3) the Federal Bureau of Investigation;
  (4) the Immigration and Naturalization Service; and
  (5) law enforcement officers from the United States Park Police, United
  States Forest Service and Bureau of Land Management, and such other Federal
  law enforcement agencies as the Attorney General may direct.
SEC. 1603. CROSS-DESIGNATION OF FEDERAL OFFICERS.
  The Attorney General shall cross-designate up to 100 law enforcement
  officers from each of the agencies specified under section 1502(b)(5)
  with jurisdiction to enforce the provisions of the Controlled Substances
  Act on non-Federal lands to the extent necessary to effect the purposes
  of this title.
SEC. 1604. RURAL DRUG ENFORCEMENT TRAINING.
  (a) SPECIALIZED TRAINING FOR RURAL OFFICERS- The Director of the Federal Law
  Enforcement Training Center shall develop a specialized course of instruction
  devoted to training law enforcement officers from rural agencies in the
  investigation of drug trafficking and related crimes.
  (b) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
  $1,000,000 in each of the fiscal years 1992, 1993 and 1994 to carry out
  the purposes of subsection (a) of this section.
Subtitle B--Increasing Penalties for Certain Drug Trafficking Offenses
SEC. 1611. SHORT TITLE.
  This subtitle may be cited as the `Ice Enforcement Act of 1991'.
SEC. 1612. STRENGTHENING FEDERAL PENALTIES.
  (a) LARGE AMOUNT- Section 401(b)(1)(A) of the Controlled Substances Act
  (21 U.S.C. 841(b)(1)(A)) is amended--
  (1) in clause (vii) by striking `or' at the end thereof;
  (2) by inserting `or' at the end of clause (viii); and
  (3) by adding a new clause (ix) as follows:
  `(ix) 25 grams or more of methamphetamine, its salts, isomers, and salts
  of its isomers, that is 80 percent pure and crystalline in form.'.
  (b) SMALLER AMOUNT- Section 401(b)(1)(B) of the Controlled Substances Act
  (21 U.S.C. 841(b)(1)(B)) is amended as follows:
  (1) at the end of clause (vii) by striking `or';
  (2) by inserting at the end of clause (viii) the word `or'; and
  (3) by adding a new clause (ix) as follows:
  `(ix) 5 grams or more of methamphetamine, its salts, isomers, and salts
  of its isomers, that is 80 percent pure and crystalline in form.'.
Subtitle C--Rural Drug Prevention and Treatment
SEC. 1621. RURAL SUBSTANCE ABUSE TREATMENT AND EDUCATION GRANTS.
  Part A of title V of the Public Health Service Act (42 U.S.C. 290aa et
  seq.) is amended by adding at the end thereof the following new section:
`SEC. 509H. RURAL SUBSTANCE ABUSE TREATMENT.
  `(a) IN GENERAL- The Director of the Office for Treatment Improvement
  (hereafter referred to in this section as the `Director') shall establish a
  program to provide grants to hospitals, community health centers, migrant
  health centers, health entities of Indian tribes and tribal organizations
  (as defined in section 1913(b)(5)), and other appropriate entities
  that serve nonmetropolitan areas to assist such entities in developing
  and implementing projects that provide, or expand the availability of,
  substance abuse treatment services.
  `(b) REQUIREMENTS- To receive a grant under this section a hospital,
  community health center, or treatment facility shall--
  `(1) serve a nonmetropolitan area or have a substance abuse treatment
  program that is designed to serve a nonmetropolitan area;
  `(2) operate, or have a plan to operate, an approved substance abuse
  treatment program;
  `(3) agree to coordinate the project assisted under this section with
  substance abuse treatment activities within the State and local agencies
  responsible for substance abuse treatment; and
  `(4) prepare and submit an application in accordance with subsection (c).
  `(c) APPLICATION-
  `(1) IN GENERAL- To be eligible to receive a grant under this section an
  entity shall submit an application to the Director at such time, in such
  manner, and containing such information as the Director shall require.
  `(2) COORDINATED APPLICATIONS- State agencies that are responsible for
  substance abuse treatment may submit coordinated grant applications on
  behalf of entities that are eligible for grants pursuant to subsection (b).
  `(d) PREVENTION PROGRAMS-
  `(1) IN GENERAL- Each entity receiving a grant under this section may use
  a portion of such grant funds to further community-based substance abuse
  prevention activities.
  `(2) REGULATIONS- The Director, in consultation with the Director of
  the Office of Substance Abuse Prevention, shall promulgate regulations
  regarding the activities described in paragraph (1).
  `(e) SPECIAL CONSIDERATION- In awarding grants under this section the
  Director shall give priority to--
  `(1) projects sponsored by rural hospitals that are qualified to receive
  rural health care transition grants as provided for in section 4005(e)
  of the Omnibus Budget Reconciliation Act of 1987;
  `(2) projects serving nonmetropolitan areas that establish links and
  coordinate activities between hospitals, community health centers, community
  mental health centers, and substance abuse treatment centers; and
  `(3) projects that are designed to serve areas that have no available
  existing treatment facilities.
  `(f) DURATION- Grants awarded under subsection (a) shall be for a period
  not to exceed 3 years, except that the Director may establish a procedure
  for renewal of grants under subsection (a).
  `(g) GEOGRAPHIC DISTRIBUTION- To the extent practicable, the Director
  shall provide grants to fund at least one project in each State.
  `(h) AUTHORIZATION OF APPROPRIATIONS- For the purpose of carrying out this
  section there are authorized to be appropriated $25,000,000 for each of
  the fiscal years 1992 and 1993.'.
SEC. 1622. CLEARINGHOUSE PROGRAM.
  Section 509 of the Public Health Service Act (42 U.S.C. 290aa-7) is amended--
  (1) in paragraph (3), by striking out `and' at the end thereof;
  (2) in paragraph (4), by striking out the period; and
  (3) by adding at the end thereof the following new paragraphs--
  `(5) to gather information pertaining to rural drug abuse treatment and
  education projects funded by the Alcohol, Drug Abuse, and Mental Health
  Administration, as well as other such projects operating throughout the
  United States; and
  `(6) to disseminate such information to rural hospitals, community health
  centers, community mental health centers, treatment facilities, community
  organizations, and other interested individuals.'.
Subtitle D--Rural Land Recovery Act
SEC. 1631. DIRECTOR OF RURAL LAND RECOVERY.
  Each of the task forces established under section 1502(a) shall include one
  Director of Rural Land Recovery whose duties shall include the coordination
  of all activities outlined under this subtitle.
SEC. 1632. PROSECUTION OF CLANDESTINE LABORATORY OPERATORS.
  (a) IN GENERAL- State and Federal prosecutors, when bringing charges against
  the operators of clandestine methamphetamine and other dangerous drug
  laboratories shall, to the fullest extent possible, include, in addition
  to drug-related counts, counts involving infringements of the Resource
  Conservation and Recovery Act or any other environmental protection Act,
  including--
  (1) illegal disposal of hazardous waste; and
  (2) knowing endangerment of the environment.
  (b) LAW SUITS- State and Federal prosecutors and private citizens may
  bring suit against the operators of clandestine methamphetamine and other
  dangerous drug laboratories for environmental and health related damages
  caused by the operators in their manufacture of illicit substances.
TITLE XVII--DRUG EMERGENCY AREAS ACT OF 1991
SEC. 1701. SHORT TITLE.
  This title may be cited as the `Drug Emergency Areas Act of 1991'.
SEC. 1702. DRUG EMERGENCY AREAS.
  Subsection (c) of section 1005 of the National Narcotics Leadership Act
  of 1988 is amended to read as follows:
  `(c) DECLARATION OF DRUG EMERGENCY AREAS-
  `(1) PRESIDENTIAL DECLARATION- (A) In the event that a major drug-related
  emergency exists throughout a State or a part of a State, the President
  may, in consultation with the Director and other appropriate officials,
  declare such State or part of a State to be a drug emergency area and
  may take any and all necessary actions authorized by this subsection or
  otherwise authorized by law.
  `(B) For the purposes of this subsection, the term `major drug-related
  emergency' means any occasion or instance in which drug trafficking,
  drug abuse, or drug-related 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.
  `(2) PROCEDURE FOR DECLARATION- (A) All requests for a declaration by
  the President designating an area to be a drug emergency area shall
  be made, in writing, by the Governor or chief executive officer of any
  affected State or local government, respectively, and shall be forwarded
  to the President through the Director in such form as the Director may by
  regulation require. One or more cities, counties, or States may submit a
  joint request for designation as a drug emergency area under this subsection.
  `(B) Any request made under clause (A) of this paragraph shall be based on
  a written finding that the major drug-related emergency is of such severity
  and magnitude that effective response to save lives, and to protect property
  and public health and safety, that Federal assistance is necessary.
  `(C) The President shall not limit declarations made under this subsection
  to highly-populated centers of drug trafficking, drug use or drug-related
  violence, but shall also consider applications from governments of less
  populated areas where the magnitude and severity of such activities is
  beyond the capability of the State or local government to respond.
  `(D) As part of a request for a declaration by the President under this
  subsection, and as a prerequisite to Federal drug emergency assistance
  under this subsection, the Governor(s) or chief executive officer(s) shall--
  `(i) take appropriate response action under State or local law and furnish
  such information on the nature and amount of State and local resources
  which have been or will be committed to alleviating the major drug-related
  emergency;
  `(ii) certify that State and local government obligations and expenditures
  will comply with all applicable cost-sharing requirements of this
  subsection; and
  `(iii) submit a detailed plan outlining the State and/or local government's
  short- and long-term plans to respond to the major drug-related emergency,
  specifying the types and levels of Federal assistance requested, and
  including explicit goals (where possible quantitative goals) and timetables
  and shall specify how Federal assistance provided under this subsection
  is intended to achieve such goals.
  `(E) The Director shall review any request submitted pursuant to this
  subsection and forward the application, along with a recommendation to the
  President on whether to approve or disapprove the application, within 30
  days after receiving such application. Based on the application and the
  recommendation of the Director, the President may declare an area to be
  a drug emergency area under this subsection.
  `(3) FEDERAL MONETARY ASSISTANCE- (A) The President is authorized to make
  grants to State or local governments of up to, in the aggregate for any
  single major drug-related emergency, $50,000,000.
  `(B) The Federal share of assistance under this section shall not be
  greater than 75 percent of the costs necessary to implement the short-
  and long-term plan outlined in paragraph (2)(D)(iii).
  `(C) Federal assistance under this subsection shall not be provided to a drug
  disaster area for more than 1 year. In any case where Federal assistance
  is provided under this Act, the Governor(s) or chief executive officer(s)
  may apply to the President, through the Director, for an extension of
  assistance beyond 1 year. The President, based on the recommendation of
  the Director, may extend the provision of Federal assistance for not more
  than an additional 180 days.
  `(D) Any State or local government receiving Federal assistance under this
  subsection shall balance the allocation of such assistance evenly between
  drug supply reduction and drug demand reduction efforts, unless State or
  local conditions dictate otherwise.
  `(4) NONMONETARY ASSISTANCE- In addition to the assistance provided under
  paragraph (3), the President may--
  `(A) 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, and managerial, technical,
  and advisory services) in support of State and local assistance efforts; and
  `(B) provide technical and advisory assistance, including communications
  support and law enforcement-related intelligence information.
  `(5) ISSUANCE OF IMPLEMENTING REGULATIONS- Not later than 90 days after
  the enactment of this subsection, the Director shall issue regulations to
  implement this subsection, including such regulations as may be necessary
  relating to applications for Federal assistance and the provision of
  Federal monetary and nonmonetary assistance.
  `(6) AUDIT BY COMPTROLLER GENERAL- The Comptroller General shall conduct
  an audit of any Federal assistance (both monetary and nonmonetary) of an
  amount greater than $100,000 provided to a State or local government under
  this subsection, including an evaluation of the effectiveness of such
  assistance based on the goals contained in the application for assistance.
  `(7) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  for each fiscal year 1992, 1993, 1994, 1995, and 1996, $300,000,000 to
  carry out the purposes of this subsection.'.
TITLE XVIII--DRUNK DRIVING CHILD PROTECTION ACT
SEC. 1801. SHORT TITLE.
  This title may be cited as the `Drunk Driving Child Protection Act of 1991'.
SEC. 1802. STATE LAWS APPLIED IN AREAS OF FEDERAL JURISDICTION.
  Section 13(b) of title 18, United States Code, is amended by--
  (1) striking `For purposes' and inserting `(1) Subject to paragraph (2)
  and for purposes'; and
  (2) adding at the end thereof the following new paragraph:
  `(2)(A) In addition to any term of imprisonment provided for operating
  a motor vehicle under the influence of a drug or alcohol imposed under
  the law of a State, territory, possession, or district, the punishment
  for such an offense under this section shall include an additional term
  of imprisonment of not more than 1 year, or if serious bodily injury of
  a minor is caused, 5 years, or if death of a minor is caused, 10 years,
  and an additional fine of not more than $1,000, or both, if--
  `(i) a minor (other than the offender) was present in the motor vehicle
  when the offense was committed; and
  `(ii) the law of the State, territory, possession, or district in which
  the offense occurred does not provide an additional term of imprisonment
  under the circumstances described in clause (i).
  `(B) For the purposes of subparagraph (A), the term `minor' means a person
  less than 18 years of age.'.
SEC. 1803. COMMON CARRIERS.
  Section 342 of title 18, United States Code, is amended by--
  (1) inserting `(a)' before `Whoever'; and
  (2) adding at the end thereof the following new subsection:
  `(b)(1) In addition to any term of imprisonment imposed for an offense
  under subsection (a), the punishment for such an offense shall include an
  additional term of imprisonment of not more than 1 year, or if serious
  bodily injury of a minor is caused, 5 years, or if death of a minor is
  caused, 10 years, and an additional fine of not more than $1,000, or both,
  if a minor (other than the offender) was present in the common carrier
  when the offense was committed.
  `(2) For the purposes of paragraph (1), the term `minor' means a person
  less than 18 years of age.'.
SEC. 1804. SENSE OF CONGRESS CONCERNING CHILD CUSTODY AND VISITATION RIGHTS.
  It is the sense of the Congress that in determining child custody and
  visitation rights, the courts should take into consideration the history
  of drunk driving that any person involved in the determination may have.
TITLE XIX--COMMISSION ON CRIME AND VIOLENCE
SEC. 1901. ESTABLISHMENT OF COMMISSION.
  There is established a commission to be known as the `National Commission
  on Crime and Violence in America'. The Commission shall be composed of 22
  members, appointed as follows:
  (1) 6 persons by the President;
  (2) 8 persons by the Speaker of the House of Representatives, two of whom
  shall be appointed on the recommendation of the minority leader; and
  (3) 8 persons by the President pro tempore of the Senate, six of whom
  shall be appointed on the recommendation of the Majority Leader of the
  Senate and two of whom shall be appointed on the recommendation of the
  Minority Leader of the Senate.
SEC. 1902. PURPOSE.
  The purposes of the Commission are as follows:
  (1) To develop a comprehensive and effective crime control plan which will
  serve as a `blueprint' for action in the 1990s. The report shall include an
  estimated cost for implementing any recommendations made by the commission.
  (2) To bring attention to successful models and programs in crime prevention
  and crime control.
  (3) To reach out beyond the traditional criminal justice community for
  ideas when developing the comprehensive crime control plan.
  (4) To recommend improvements in the coordination of local, State and
  Federal crime control efforts.
SEC. 1903. RESPONSIBILITIES OF THE COMMISSION.
  The commission shall be responsible for the following:
  (1) Reviewing the effectiveness of traditional criminal justice approaches
  in preventing and controlling crime and violence.
  (2) Examining the impact that changes to state and Federal law have had
  in controlling crime and violence.
  (3) Examining the problem of youth gangs and provide recommendations as
  to how to reduce youth involvement in violent crime.
  (4) Examining the extent to which assault weapons and high power firearms
  have contributed to violence and murder in America.
  (5) Convening field hearings in various regions of the country to receive
  testimony from a cross section of criminal justice professionals, business
  leaders, elected officials, medical doctors, and other citizens that wish
  to participate.
  (6) Review all segments of our criminal justice system, including the law
  enforcement, prosecution, defense, judicial, corrections components in
  developing the crime control plan.
SEC. 1904. COMMISSION MEMBERS.
  (a) CHAIRPERSON- The President shall designate a chairperson from among
  the members of the Commission.
  (b) COMPOSITION OF MEMBERSHIP- The Commission members will represent a
  cross-section of professions that include law enforcement, prosecution,
  judges, corrections, education, medicine, business, religion, military,
  welfare and social services, sports, entertainment, victims of crime, and
  elected officials from State, local and Federal Government that equally
  represent both political parties.
SEC. 1905. ADMINISTRATIVE PROVISIONS.
  (a) FEDERAL AGENCY SUPPORT- All Federal agencies shall provide such
  support and assistance as may be necessary for the Commission to carry
  out its functions.
  (b) EXECUTIVE DIRECTOR AND STAFF- The President is authorized to appoint
  and compensate an executive director. Subject to such regulations as
  the Commission may prescribe, staff of the Commission may be appointed
  without regard to the provisions of title 5, United States Code, governing
  appointments in the competitive services and may be paid without regard
  to the provisions of chapter 51 and subchapter III of chapter 53 of that
  title relating to classification and General Schedule pay rates.
  (c) DETAILED FEDERAL EMPLOYEES- Upon the request of the chairperson,
  the heads of executive and military departments are authorized to detail
  employees to work with the executive director without regard to the
  provisions of section 3341 of title 5, United States Code.
  (d) TEMPORARY AND INTERMITTENT EMPLOYEES- Subject to rules prescribed by
  the commission, the chairperson may procure temporary and intermittent
  services under section 3108(b) of title 5, United States Code, but at a
  rate of base pay not to exceed the annual rate of base pay for GS-18 of
  the General Schedule.
SEC. 1906. REPORT.
  The Commission shall submit a final report to the President and the Congress
  not later than one year after the appointment of the Chairperson. The
  report shall include the findings and recommendations of the Commission
  as well as proposals for any legislative action necessary to implement
  such recommendations.
SEC. 1907. TERMINATION.
  The Commission shall terminate 30 days after submitting the report required
  under section 1806.
TITLE XX--PROTECTION OF CRIME VICTIMS
SEC. 2001. SHORT TITLE.
  This title may be cited as the `Victims' Rights and Restitution Act of 1991'.
SEC. 2002. AVAILABILITY OF FUNDS.
  Section 1402 of the Victims of Crime Act of 1984, as amended, is amended--
  (a) by striking subsection (c) and redesignating (d), (e), (f) and (g)
  as subsections (c), (d), (e), and (f), respective; and
  (b) by adding a new subsection (c) to read as follows:
  `(c) Availability of funds for expenditure; grant program percentages
  `(1) Sums deposited in the Fund shall remain in the Fund and be available
  for expenditure under this subsection for grants under this chapter without
  fiscal year limitation.
  `(2) The Fund shall be available as follows:
  `(A) Of the first $100,000,000 deposited in the Fund in a particular
  fiscal year--
  `(i) 49.5 percent shall be available for grants under section 10602 of
  this title;
  `(ii) 45 percent shall be available for grants under section 10603(a)
  of this title;
  `(iii) 1 percent shall be available for grants under section 10603(c)
  of this title; and
  `(iv) 4.5 percent shall be available for grants as provided in section
  10603a of this title.
  `(B) The next $5,500,000 deposited in the Fund in a particular fiscal year
  shall be available for grants as provided in section 10603a of this title.
  `(D) The next $4,500,000 deposited in the Fund in a particular fiscal year
  shall be available for grants under section 10603(a) of this title.
  `(E) The next $2,200,000 deposited in the Fund in a particular fiscal
  year shall be available to the judicial branch for administrative costs
  to carry out the functions of the judicial branch under sections 3611 and
  3612 of title 18, United States Code.
  (F) Any deposits in the Fund in a particular fiscal year that remain after
  the funds are distributed under subparagraphs (A) through (E) shall be
  available as follows:
  `(i) 47.5 percent shall be available for grants under section 10602 of
  this title;
  `(ii) 47.5 percent shall be available for grants under section 10603(a)
  of this title; and
  `(iii) 5 percent shall be available for grants under section 10603(c)(1)(B)
  of this title.
SEC. 2003. AMENDMENT OF RESTITUTION PROVISIONS.
  (a) ORDER OF RESTITUTION- Section 3663 of title 18, United States Code,
  is amended--
  (1) in subsection (a) by--
  (A) striking `(a) The court' and inserting `(a)(1) The court';
  (B) striking `may order' and inserting `shall order'; and
  (C) adding at the end thereof the following new paragraph:
  `(2) In addition to ordering restitution of the victim of the offense
  of which a defendant is convicted, a court may order restitution of any
  person who, as shown by a preponderance of evidence, was harmed physically,
  emotionally, or pecuniarily, by unlawful conduct of the defendant during--
  `(A) the criminal episode during which the offense occurred; or
  `(B) the course of a scheme, conspiracy, or pattern of unlawful activity
  related to the offense.';
  (2) in subsection (b)(1)(A) by striking `impractical' and inserting
  `impracticable';
  (3) in subsection (b)(2) by inserting `emotional or' after `resulting in';
  (4) in subsection (c) by striking `If the Court decides to order restitution
  under this section, the' and inserting `The';
  (5) by striking subsections (d), (e), (f), (g), and (h); and
  (6) by adding at the end thereof the following new subsections:
  `(d)(1) The court shall order restitution to a victim in the full amount of
  the victim's losses as determined by the court and without consideration of--
  `(A) the economic circumstances of the offender; or
  `(B) the fact that a victim has received or is entitled to receive
  compensation with respect to a loss from insurance or any other source.
  `(2) Upon determination of the amount of restitution owed to each victim,
  the court shall specify in the restitution order the manner in which
  and the schedule according to which the restitution is to be paid, in
  consideration of--
  `(A) the financial resources and other assets of the offender;
  `(B) projected earnings and other income of the offender; and
  `(C) any financial obligations of the offender, including obligations
  to dependents.
  `(3) A restoration order may direct the offender to make a single, lump-sum
  payment, partial payment at specified intervals, or such in-kind payments
  as may be agreeable to the victim and the offender.
  `(4) An in-kind payment described in paragraph (3) may be in the form of--
  `(A) return of property;
  `(B) replacement of property; or
  `(C) services rendered to the victim or to a person or organization other
  than the victim.
  `(e) When the court finds that more than 1 offender has contributed to
  the loss of a victim, the court may make each offender liable for payment
  of the full amount of restitution or may apportion liability among the
  offenders to reflect the level of contribution and economic circumstances
  of each offender.
  `(f) When the court finds that more than 1 victim has sustained a loss
  requiring restitution by an offender, the court shall order full restitution
  of each victim but may provide for different payment schedules to reflect
  the economic circumstances of each victim.
  `(g)(1) If the victim has received or is entitled to receive compensation
  with respect to a loss from insurance or any other source, the court shall
  order that restitution be paid to the person who provided or is obligated
  to provide the compensation, but the restitution order shall provide that
  all restitution of victims required by the order be paid to the victims
  before any restitution is paid to such a provider of compensation.
  `(2) The issuance of a restitution order shall not affect the entitlement of
  a victim to receive compensation with respect to a loss from insurance or
  any other source until the payments actually received by the victim under
  the restitution order fully compensate the victim for the loss, at which
  time a person that has provided compensation to the victim shall be entitled
  to receive any payments remaining to be paid under the restitution order.
  `(3) Any amount paid to a victim under an order of restitution shall be
  set off against any amount later recovered as compensatory damages by the
  victim in--
  `(A) any Federal civil proceeding; and
  `(B) any State civil proceeding, to the extent provided by the law of
  the State.
  `(h) A restitution order shall provide that--
  `(1) all fines, penalties, costs, restitution payments and other forms of
  transfers of money or property made pursuant to the sentence of the court
  shall be made by the offender to the clerk of the court for accounting
  and payment by the clerk in accordance with this subsection;
  `(2) the clerk of the court shall--
  `(A) log all transfers in a manner that tracks the offender's obligations and
  the current status in meeting those obligations, unless, after efforts have
  been made to enforce the restitution order and it appears that compliance
  cannot be obtained, the court determines that continued recordkeeping
  under this subparagraph would not be useful;
  `(B) notify the court and the interested parties when an offender is 90
  days in arrears in meeting those obligations; and
  `(C) disburse money received from an offender so that each of the following
  obligations is paid in full in the following sequence:
  `(i) a penalty assessment under section 3013 of title 18, United States Code;
  `(ii) restitution of all victims; and
  `(iii) all other fines, penalties, costs, and other payments required
  under the sentence; and
  `(3) the offender shall advise the clerk of the court of any change in
  the offender's address during the term of the restitution order.
  `(i) A restitution order shall constitute a lien against all property of
  the offender and may be recorded in any Federal or State office for the
  recording of liens against real or personal property.
  `(j) Compliance with the schedule of payment and other terms of a restitution
  order shall be a condition of any probation, parole, or other form of release
  of an offender. If a defendant fails to comply with a restitution order,
  the court may revoke probation or a term of supervised release, modify the
  term or conditions of probation or a term of supervised release, hold the
  defendant in contempt of court, enter a restraining order or injunction,
  order the sale of property of the defendant, accept a performance bond, or
  take any other action necessary to obtain compliance with the restitution
  order. In determining what action to take, the court shall consider the
  defendant's employment status, earning ability, financial resources,
  the willfulness in failing to comply with the restitution order, and any
  other circumstances that may have a bearing on the defendant's ability to
  comply with the restitution order.
  `(k) An order of restitution may be enforced--
  `(1) by the United States--
  `(A) in the manner provided for the collection and payment of fines in
  subchapter (B) of chapter 229 of this title; or
  `(B) in the same manner as a judgment in a civil action; and
  `(2) by a victim named in the order to receive the restitution, in the
  same manner as a judgment in a civil action.
  `(l) A victim or the offender may petition the court at any time to modify
  a restitution order as appropriate in view of a change in the economic
  circumstances of the offender.'.
  (b) PROCEDURE FOR ISSUING ORDER OF RESTITUTION- Section 3664 of title 18,
  United States Code, is amended--
  (1) by striking subsection (a);
  (2) by redesignating subsections (b), (c), (d), and (e) as subsections (a),
  (b), (c), and (d);
  (3) by amending subsection (a), as redesignated by paragraph (2), to read
  as follows:
  `(a) The court may order the probation service of the court to obtain
  information pertaining to the amount of loss sustained by any victim as
  a result of the offense, the financial resources of the defendant, the
  financial needs and earning ability of the defendant and the defendant's
  dependents, and such other factors as the court deems appropriate. The
  probation service of the court shall include the information collected in
  the report of presentence investigation or in a separate report, as the
  court directs.'; and
  (4) by adding at the end thereof the following new subsection:
  `(e) The court may refer any issue arising in connection with a proposed
  order of restitution to a magistrate or special master for proposed
  findings of fact and recommendations as to disposition, subject to a de
  novo determination of the issue by the court.'.
TITLE XXI--CRACK HOUSE EVICTION ACT
SEC. 2101. EVICTION FROM PLACES MAINTAINED FOR MANUFACTURING, DISTRIBUTING,
OR USING CONTROLLED SUBSTANCES.
  Section 416 of the Controlled Substances Act (21 U.S.C. 856) is amended
  by adding at the end thereof the following:
  `(c) The Attorney General may bring a civil action against any person
  who violates the provisions of this section. The action may be brought
  in any district court of the United States or the United States courts of
  any territory in which the violation is taking place. The court in which
  such action is brought shall determine the existence of a violation by
  a preponderance of the evidence, and shall have the power to assess a
  civil penalty of up to $100,000 and to grant such other relief including
  injunctions and evictions as may be appropriate. Such remedies shall be
  in addition to any other remedy available under statutory or common law.'.
SEC. 2102. USE OF CIVIL INJUNCTIVE REMEDIES, FORFEITURE SANCTIONS, AND OTHER
REMEDIES AGAINST DRUG OFFENDERS.
  The Attorney General shall--
  (1) aggressively pursue the use of criminal penalties authorized by section
  1963 of title 18, United States Code, civil remedies authorized by section
  1964 of title 18, United States Code, and other equitable remedies against
  drug offenders, including injunctions, stay-away orders, and forfeiture
  sanctions; and
  (2) submit a report to Congress annually on the manner and extent to which
  such remedies are being used and the effect of such use in curtailing
  drug trafficking.
TITLE XXII--ORGANIZED CRIME AND DANGEROUS DRUGS DIVISION
Subtitle A--Establishment of an Organized Crime and Dangerous Drugs Division
in the Department of Justice
SEC. 2201. SHORT TITLE.
  This title may be cited as the `Justice Department Organized Crime and
  Drug Enforcement Enhancement Act of 1991'.
SEC. 2202. FINDINGS.
  The Congress finds that--
  (1) organized criminal activity contributes significantly to the importation,
  distribution, and sale of illegal and dangerous drugs;
  (2) trends in drug trafficking patterns necessitate a response that gives
  significant weight to--
  (A) the prosecution of drug related crimes; and
  (B) the forfeiture and seizure of assets and other civil remedies used to
  strike at the inherent strength of the drug networks and groups;
  (3) the structure of the Department of Justice Criminal Division is
  inadequate to address such drug-related problems; and
  (4) the prosecutorial resources devoted to such problems have been
  inadequately organized.
SEC. 2203. PURPOSES.
  The purposes of this title are to--
  (1) establish a new division in the Department of Justice by combining the
  resources of the Criminal Division and the United States Attorneys offices
  used for the eradication of organized crime, narcotics, and dangerous
  drugs with additional resources needed to pursue civil sanctions;
  (2) enhance the ability of the Department of Justice to deal with
  international criminal activity;
  (3) enhance the ability of the Department of Justice to maintain a vigorous
  criminal and equally important civil assault upon organized criminal groups
  and narcotics traffickers both domestic and international;
  (4) enhance the ability of the Department of Justice to attack money
  laundering activities, both domestic and international; and
  (5) maintain the level of effort of the Department of Justice against
  traditional organized crime activity through the maintenance of independent
  strike forces.
SEC. 2204. ESTABLISHMENT OF ORGANIZED CRIME AND DANGEROUS DRUGS DIVISION.
  (a) ESTABLISHMENT- There is established within the Department of Justice,
  the Organized Crime and Dangerous Drugs Division, which shall consist
  initially of the following units and programs of the Department of Justice
  as they were organized and were functioning on September 30, 1989:
  (1) the Organized Crime and Racketeering Section of the Criminal Division
  and all subordinate strike forces therein;
  (2) the Narcotic and Dangerous Drug Section of the Criminal Division;
  (3) the Asset Forfeiture Office of the Criminal Division; and
  (4) the Organized Crime Drug Enforcement Task Force Program.
  (b) TRANSFER- (1) There are transferred to the Organized Crime and Dangerous
  Drugs Division--
  (A) all functions of each office and program described under subsection (a)
  (1), (2), (3), and (4) exercised on September 30, 1989; and
  (B) all personnel and available funds of each such office and program.
  (2) For the purposes of paragraph (1)(A) the term `functions' means
  all duties, obligations, powers, authorities, responsibilities, rights,
  privileges, activities, and programs.
SEC. 2205. ASSISTANT ATTORNEY GENERAL FOR ORGANIZED CRIME AND DANGEROUS DRUGS.
  (a) ASSISTANT ATTORNEY GENERAL- There shall be at the head of the Organized
  Crime and Dangerous Drugs Division established by this title, an Assistant
  Attorney General of the Department of Justice for the Organized Crime and
  Dangerous Drugs Division, who shall--
  (1) be appointed by the President, by and with the advice and consent of
  the Senate;
  (2) report directly to the Attorney General of the United States;
  (3) coordinate all activities and policies of the Division with the Director
  of National Drug Control Policy; and
  (4) ensure that all investigations and prosecutions are coordinated within
  the Department of Justice to provide the greatest use of civil proceedings
  and forfeitures to attack the financial resources of organized criminal
  and narcotics enterprises.
  (b) COMPENSATION- (1) Section 5315 of title 5, United States Code, is
  amended by striking out:
  `Assistant Attorneys General (10).'
and inserting in lieu thereof:
  `Assistant Attorneys General (11).'.
  (2) The Assistant Attorney General of the Organized Crime and Dangerous
  Drugs Division shall be paid at the rate of basic pay payable for level
  IV of the Executive Schedule.
SEC. 2206. DEPUTY ASSISTANT ATTORNEY GENERAL.
  (a) ESTABLISHMENT- There is established the position of Deputy Assistant
  Attorney General of the Organized Crime and Dangerous Drugs Division,
  who shall report directly and be responsible to the Assistant Attorney
  General of the Organized Crime and Dangerous Drugs Division.
  (b) COMPENSATION- The Deputy Assistant Attorney General of the Organized
  Crime and Dangerous Drugs Division shall be paid the rate of basic pay
  payable for level V of the Executive Schedule.
SEC. 2207. ADMINISTRATIVE ORGANIZATION OF THE DIVISION.
  There shall be established within the Organized Crime and Dangerous Drugs
  Division such sections and offices as the Attorney General shall deem
  appropriate to maintain or increase the level of enforcement activities
  in the following areas:
  (1) Criminal Racketeering (including of all activities and personnel
  transferred from the Organized Crime and Racketeering Section dealing with
  criminal investigation and prosecution of traditional organized crime,
  other than civil proceedings or forfeiture);
  (2) Criminal Narcotics Trafficking (including all activities and personnel
  transferred from the Criminal Division and the Organized Crime Drug
  Enforcement Task Force Program dealing with large scale drug trafficking);
  (3) Money laundering (including all activities transferred from the Criminal
  Division and Organized Crime Drug Enforcement Task Force Program dealing
  with money laundering investigations and the negotiation of international
  agreements on financial crimes);
  (4) Asset Forfeiture (including all activities and personnel transferred
  from the Criminal Division dealing with asset forfeiture);
  (5) International Crime (indicating the activities and functions set forth
  in Subtitle B of this title); and
  (6) Civil Enforcement (including activities and personnel currently engaged
  in civil enforcement of the drug and racketeering laws and such additional
  personnel as may be added pursuant to this Act).
SEC. 2208. COORDINATION AND ENHANCEMENT OF FIELD ACTIVITIES.
  (a) ORGANIZED CRIME AND DANGEROUS DRUGS DIVISION- The Attorney General
  shall establish no fewer than 20 field offices of the Organized Crime and
  Dangerous Drug Division. All such field offices of the Division shall be
  known as Organized Crime and Dangerous Drug Strike Forces.
  (b) OFFICES IN SAME AREA- If two or more sections of the Division establish
  field offices in the same metropolitan area, such offices shall--
  (A) be in the same location;
  (B) coordinate activities; and
  (C) be organized as separate sections of a strike force.
  (c) TRANSITION- (1) Consistent with the provisions of this title--
  (A) the Organized Crime and Racketeering Section of the Criminal Division
  is redesignated as the Criminal Racketeering Section of the Organized
  Crime and Dangerous Drug Division; and
  (B) the Organized Crime Strike Forces are redesignated as the field offices
  of the Division.
  (2) Not later than 180 days after the date of the enactment of this
  subtitle, the Attorney General shall transfer all attorneys and support
  staff assigned to the Organized Crime Drug Enforcement Task Forces before
  such date to the Organized Crime and Dangerous Drug Division and designated
  the Criminal Narcotics Section. The Assistant Attorney General for such
  Division shall assign such personnel to the field offices of the Division,
  with the initial assignments being made to the cities where units of such
  Task Forces were located before the date of enactment of this subtitle.
  (3)(A) Consistent with the provisions of this title, the Asset Forfeiture
  Office of the Criminal Division is redesignated as the Asset Forfeiture and
  Civil Enforcement Section of the Organized Crime and Dangerous Drug Division.
  (B) Not later than 180 days after the date of the enactment of this
  subtitle, the Assistant Attorney General shall establish field offices of
  the Asset Forfeiture and Civil Enforcement Section of the Organized Crime
  and Dangerous Drug Division which shall include--
  (i) agents from the United States Drug Enforcement Administration, the
  Federal Bureau of Investigation, the Internal Revenue Service, and United
  States Marshals Office; and
  (ii) other individuals experienced, trained and expert in complex financial
  transactions involving cash, notes, securities, and similar negotiable
  instruments, with a special expertise in banking matters and business
  dealings.
  (d) DIFFERENT ORGANIZATIONAL STRUCTURE- Nothing in subsection (c) shall
  prevent the Attorney General, consistent with the purposes of this title and
  the provisions of section 2107, from instituting a different organizational
  structure within the Organized Crime and Dangerous Drug Division as the
  Attorney General shall deem appropriate following a period of transition.
  (e) STRIKE FORCES PLANS- (1) The agents assigned to the Organized Crime
  and Dangerous Drug Strike Forces (including all agents assigned to the
  Organized Crime Drug Enforcement Task Forces program before the date of
  enactment of this title) shall be dedicated exclusively to and located
  with the Strike Forces so that the Strike Forces personnel may develop
  expertise and function as a working unit.
  (2) The agents assigned to the Strike Forces from the various participating
  agencies shall be given credit for the work of the Strike Forces, regardless
  of the statutory authority used to prosecute Strike Forces cases.
  (f) REPORT- Not later than 1 year after the date of the enactment of this
  title, the Assistant Attorney General for Organized Crime and Dangerous
  Drugs in consultation with the Director of National Drug Control Policy,
  shall report to the Congress on the areas of the United States (especially
  the southwest border of the United States) that may require increased
  assistance from the Department of Justice through the establishment of
  additional strike forces.
  (g) AUTHORIZATION OF APPROPRIATIONS- (1) There are authorized to be
  appropriated $45,000,000 for salaries and expenses of the Organized Crime and
  Dangerous Drug Division of the Department of Justice for fiscal year 1992.
  (2) Any appropriation of funds authorized under paragraph (1) shall be in
  addition to any appropriations requested by the President in the 1992 fiscal
  year budget submitted by the President to the Congress for fiscal year 1992,
  or provided in regular appropriations Acts or continuing resolutions for
  the fiscal year ending September 30, 1992.
Subtitle B--International Prosecution Teams
SEC. 2211. INTERNATIONAL PROSECUTION TEAMS.
  (a) FINDINGS- The Congress finds that--
  (1) Drug trafficking, organized crime, and money laundering are problems
  that are international in scope.
  (2) The traditional focus of United States law enforcement agencies on
  domestic criminal activity has restricted the development of the necessary
  expertise and coordination to address the international aspects of these
  problems adequately.
  (3) The Justice Department must expand its resources and reorganize its
  component to engage in new responsibilities and activities involving
  international crime.
  (b) INTERNATIONAL DRUG ENFORCEMENT TEAMS- In addition to the components
  and functions otherwise specified in this chapter, the Organized Crime
  and Dangerous Drug Division shall include no fewer than 10 International
  Drug Enforcement Teams devoted exclusively to investigating, prosecuting
  and supporting the investigation and prosecution of international
  drug cases. Such teams shall be responsible for developing expertise in
  handling civil and criminal cases involving extradition, money laundering,
  drug-related corruption, and other complex cases relating to international
  drug trafficking.
  (c) RELATIONSHIP OF TEAM MEMBERS- Organized Crime and Dangerous Drug
  Division personnel assigned to the International Drug Enforcement
  Teams shall work closely with, and where practical be co-located with,
  agents and liaison personnel of the various law enforcement, diplomatic,
  intelligence, and military agencies who shall be assigned as necessary to
  the enforcement teams.
  (d) GOALS- The teams shall be organized to--
  (1) increase the expertise of the Department of Justice in matters relating
  to international law enforcement and foreign policy;
  (2) improve coordination among United States and foreign agencies responsible
  for law enforcement, foreign policy, and international banking;
  (3) target resources toward cases with maximum impact on international
  narcotics trafficking;
  (4) gain the cooperation of private entities in the United States and
  foreign countries whose cooperation in cases involving money laundering
  and other drug-related financial crimes is essential; and
  (5) assist other countries to enact laws and negotiate treaties to assist in
  the suppression of international money laundering and narcotics trafficking.
TITLE XXIII--EXCLUSIONARY RULE
SEC. 2301. SEARCHES AND SEIZURES PURSUANT TO AN INVALID WARRANT.
  (a) IN GENERAL- Chapter 109 of title 18, United States Code, is amended
  by adding at the end thereof the following new section:
`Sec. 2237. Evidence obtained by invalid warrant
  `Evidence which is obtained as a result of search or seizure shall not
  be excluded in a proceeding in a court of the United States on the ground
  that the search or seizure was in violation of the Fourth Amendment to the
  Constitution of the United States, if the search or seizure was carried
  out in reasonable reliance on a warrant issued by a detached and neutral
  magistrate ultimately found to be invalid, unless--
  `(1) the judicial officer in issuing the warrant was materially misled by
  information in an affidavit that the affiant knew was false or would have
  known was false except for his reckless disregard of the truth;
  `(2) the judicial officer provided approval of the warrant without exercising
  a neutral and detached review of the application for the warrant;
  `(3) the warrant was based on an affidavit so lacking in indicia of probable
  cause as to render official belief in its existence entirely unreasonable; or
  `(4) the warrant is so facially deficient that the executing officers
  could not reasonably presume it to be valid.'.
  (b) AMENDMENT TO CHAPTER ANALYSIS- The chapter analysis for chapter 109
  of title 18, United States Code, is amended by adding at the end thereof
  the following:
`2237. Evidence obtained by invalid warrant.'.
TITLE XXIV--DRUG TESTING
SEC. 2401. FEDERAL PRISONER DRUG TESTING.
  (a) SHORT TITLE- This section may be cited as the `Federal Prisoner Drug
  Testing Act of 1991'.
  (b) CONDITIONS OF PROBATION- Section 3563(a) of title 18, United States
  Code, is amended--
  (1) in paragraph (2), by striking out `and';
  (2) in paragraph (3), by striking out the period and inserting in lieu
  thereof `; and';
  (3) by adding a new paragraph (4), as follows:
  `(4) for a felony, a misdemeanor, or an infraction, that the defendant--
  `(A) pass a drug test prior to the imposition of such sentence; and
  `(B) refrain from any unlawful use of a controlled substance and submit
  to at least 2 periodic drug tests (as determined by the court) for use of
  a controlled substance'; and
  (4) by adding at the end thereof the following: `No action may be taken
  against a defendant pursuant to a drug test administered in accordance
  with paragraph (4) unless the drug test confirmation is a urine drug test
  confirmed using gas chromatography/mass spectrometry techniques or such
  test as the Director of the Administrative Office of the United States
  Courts after consultation with the Secretary of Health and Human Services
  may determine to be of equivalent accuracy.'.
  (c) CONDITIONS ON SUPERVISED RELEASE- Section 3583(d) of title 18, United
  States Code, is amended by inserting after the first sentence the following:
  `The court shall also order, as an explicit condition of supervised release,
  that the defendant pass a drug test prior to the commencement of service of
  such sentence and refrain from any unlawful use of a controlled substance
  and submit to at least 2 periodic drug tests (as determined by the court)
  for use of a controlled substance. No action may be taken against a
  defendant pursuant to a drug test administered in accordance with the
  provisions of the preceding sentence unless the drug test confirmation is
  a urine drug test confirmed using gas chromatography/mass spectrometry
  techniques or such test as the Director of the Administrative Office of
  the United States Court after consultation with the Secretary of Health
  and Human Services may determine to be of equivalent accuracy.'.
  (d) CONDITIONS OF PAROLE- Section 4209(a) of title 18, United States Code,
  is amended by inserting after the first sentence the following: `In every
  case, the Commission shall also impose as a condition of parole that the
  parolee pass a drug test prior to release and refrain from any unlawful use
  of a controlled substance and submit to at least 2 periodic drug tests (as
  determined by the Commission) for use of a controlled substance. No action
  may be taken against a defendant pursuant to a drug test administered in
  accordance with the provisions of the preceding sentence unless the drug test
  confirmation is a urine drug test confirmed using gas chromatography/mass
  spectrometry techniques or such test as the Director of the Administrative
  Office of the United States Courts after consultation with the Secretary
  of Health and Human Services may determine to be of equivalent accuracy.'.
TITLE XXV--MAXIMUM PENALTY INCREASES FOR VIOLENT CRIMES
SEC. 2501. INCREASE IN MAXIMUM PENALTY FOR ASSAULT.
  (a) CERTAIN OFFICERS AND EMPLOYEES- Section 111 of title 18, United States
  Code, is amended--
  (1) in subsection (a) by inserting `, where the acts in violation of
  this section constitute only simple assault, be fined under this title
  or imprisoned not more than one year, or both, and in all other cases,'
  after `shall';
  (2) in subsection (b) by inserting `or inflicts bodily injury' after
  `weapon'.
  (b) FOREIGN OFFICIALS, OFFICIAL GUESTS, AND INTERNATIONALLY PROTECTED
  PERSONS- Section 112(a) of title 18, United States Code, is amended by--
  (1) striking `not more than $5,000' and inserting `under this title';
  (2) inserting `, or inflicts bodily injury,' after `weapon'; and
  (3) striking `not more than $10,000' and inserting `under this title'.
  (c) MARITIME AND TERRITORIAL JURISDICTION- Section 113 of title 18, United
  States Code, is amended--
  (1) in subsection (c) by--
  (A) striking `of not more than $1,000' and inserting `under this title'; and
  (B) striking `five' and inserting `ten'; and
  (2) in subsection (e) by--
  (A) striking `of not more than $300' and inserting `under this title'; and
  (B) striking `three' and inserting `six'.
  (d) CONGRESS, CABINET, OR SUPREME COURT- Section 351(e) of title 18,
  United States Code, is amended by--
  (1) striking `not more than $5,000,' and inserting `under this title,';
  (2) inserting `the assault involved in the use of a dangerous weapon, or'
  after `if';
  (3) striking `not more than $10,000' and inserting `under this title'; and
  (4) striking `for'.
  (e) PRESIDENT AND PRESIDENT'S STAFF- Section 1751(e) of title 18, United
  States Code, is amended by--
  (1) striking `not more than $10,000,' both places it appears and inserting
  `under this title,';
  (2) striking `not more than $5,000,' and inserting `under this title,'; and
  (3) inserting `the assault involved the use of a dangerous weapon, or'
  after `if'.
SEC. 2502. INCREASED MAXIMUM PENALTY FOR MANSLAUGHTER.
  Section 1112 of title 18, United States Code, is amended--
  (1) in subsection (b) by--
  (A) inserting `fined under this title or' after `shall be' in the second
  undesignated paragraph; and
  (B) by inserting `, or both' after `years' ;
  (2) by striking `not more than $1,000' and inserting `under this title'; and
  (3) by striking `three' and inserting `six'.
SEC. 2503. INCREASED MAXIMUM PENALTIES FOR CIVIL RIGHTS VIOLATIONS.
  (a) CONSPIRACY AGAINST RIGHTS- Section 241 of title 18, United States Code,
  is amended--
  (1) by striking `not more than $10,000' and inserting `under this title';
  (2) by inserting `from the acts committed in violation of this section or
  if such acts include kidnapping or an attempt to kidnap, aggravated sexual
  abuse or an attempt to commit aggravated sexual abuse, or an attempt to
  kill' after `results';
  (3) by striking `subject to imprisonment' and inserting `fined under this
  title or imprisoned'; and
  (4) by inserting `, or both' after `life'.
  (b) DEPRIVATION OF RIGHTS- Section 242 of title 18, United States Code,
  is amended by--
  (1) striking `more more than $1,000' an inserting `under this title' ;
  (2) inserting `from the acts committed in violation of this section or if
  such acts include the use, attempted use, or threatened use of a dangerous
  weapon, explosives, or fire,' after `bodily injury results';
  (3) inserting `from the acts committed in violation of this section or if
  such acts include kidnapping or an attempt to kidnap, aggravated sexual
  abuse, or an attempt to commit aggravated sexual abuse, or an attempt to
  kill, shall be fined under this title, or' after `death results'; and
  (4) striking `shall be subject to imprisonment' and inserting `imprisoned';
  and
  (5) inserting `, or both' after `life'.
  (c) FEDERALLY PROTECTED ACTIVITIES- Section 245(b) of title 18, United
  States Code, is amended in the matter following paragraph (5) by--
  (1) striking `not more than $1,000' and inserting `under this title';
  (2) inserting `from the acts committed in violation of this section or if
  such acts include the use, attempted use, or threatened use of a dangerous
  weapon, explosives, or fire' after `bodily injury results;
  (3) striking `not more than $10,000' and inserting `under this title';
  (4) inserting `from the acts committed in violation of this section or if
  such acts include kidnapping or an attempt to kidnap, aggravated sexual
  abuse or an attempt to commit aggravated sexual abuse, or an attempt to
  kill,' after `death results';
  (5) striking `subject to imprisonment' and inserting `fined under this
  title or imprisoned'; and
  (6) inserting `, or both' after `life'.
  (d) DAMAGE TO RELIGIOUS PROPERTY- Section 247 of title 18, United States
  Code, is amended--
  (1) in subsection (c)(1), by inserting `from acts committed in violation of
  this section or if such acts include kidnapping or an attempt to kidnap,
  aggravated sexual abuse or an attempt to commit aggravated sexual abuse,
  or an attempt to kill' after `death results';
  (2) in subsection (c)(2), by--
  (A) striking `serious'; and
  (B) inserting `from the acts committed in violation of this section or if
  such acts include the use, attempted use, or threatened use of a dangerous
  weapon, explosives, or fire' after `bodily injury results'; and
  (3) by amending subsection (e) to read as follows:
  `(e) As used in this section, the term `religious property' means any
  church, synagogue, mosque, religious cemetery, or other religious property.'.
  (e) FAIR HOUSING ACT- Section 901 of the Fair Housing Act (42 U.S.C. 3631)
  is amended--
  (1) in the caption by striking `bodily injury; death;';
  (2) by striking `not more than $1,000,' and inserting `under this title';
  (3) by inserting `from the acts committed in violation of this section
  or if such acts include the use, attempted use, or threatened use of a
  dangerous weapon, explosives, or fire' after `bodily injury results';
  (4) by striking `not more than $10,000,' and inserting `under this title';
  (5) by inserting `from the acts committed in violation of this section or
  if such acts include kidnapping or an attempt to kidnap, aggravated sexual
  abuse or an attempt to commit aggravated sexual abuse, or an attempt to
  kill,' after `death results';
  (6) by striking `subject to imprisonment' and inserting `fined under this
  title or imprisoned'; and
  (7) by inserting `, or both' after `life'.
SEC. 2504. INCREASED PENALTY FOR TRAVEL ACT VIOLATIONS.
  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 more than five years, or both' and inserting `and
  thereafter performs or attempts to perform (A) any of the acts specified
  in subparagraphs (1) and (3) shall be fined under this title or imprisoned
  for not more than five years, or both, or (B) any of the acts specified
  in subparagraph (2) shall be fined under this title or imprisoned for not
  more than twenty years, or both, and if death results shall be imprisoned
  for any term of years or for life'.
SEC. 2505. INCREASED PENALTY FOR CONSPIRACY TO COMMIT MURDER FOR HIRE.
  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.
SEC. 2506. REPEALING SURCHARGE ON EQUITABLE SHARING CASES.
  Section 511(e)(1) of the Controlled Substances Act (21 U.S.C. 881(e)(1))
  is amended by adding at the end thereof the following: `In determining the
  equitable share of proceeds for a State or local law enforcement agency
  from a drug-related asset seizure under subparagraph (A), the Attorney
  General shall not retain more than 10 percent of the total proceeds to
  cover the costs of administrative expenses.'.
TITLE XXVI--OBSTRUCTION OF JUSTICE
SEC. 2601. PROTECTION OF COURT OFFICERS AND JURORS.
  Section 1503 of title 18, United States Code, is amended--
  (1) by designating the current text as subsection (a);
  (2) by striking the words `fined not more than $5,000 or imprisoned not
  more than five years, or both.' and inserting in lieu thereof `punished
  as provided in subsection (b).';
  (3) by adding at the end thereof a new subsection (b) as follows:
  `(b) The punishment for an offense under this section is--
  `(1) in the case of a killing, the punishment provided in sections 1111
  and 1112 of this title;
  `(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 twenty years; and
  `(3) in any other case, imprisonment for not more than ten years.'; and
  `(4) in subsection (a), as designated by this section, by striking
  `commissioner' each place it appears and inserting in lieu thereof
  `magistrate judge'.
SEC. 2602. 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 a new subsection (a) as follows:
  `(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) 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 given by a person to a law enforcement
  officer; 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 of this title; and
  `(B) in the case of an attempt, imprisonment for not more than twenty
  years.'.
TITLE XXVII--BRADY HANDGUN VIOLENCE PREVENTION ACT
SEC. 2701. SHORT TITLE.
  This title may be cited as the `Brady Handgun Violence Prevention Act'.
SEC. 2702. WAITING PERIOD REQUIRED BEFORE PURCHASE OF HANDGUN.
  (a) IN GENERAL- Section 922 of title 18, United States Code, is amended
  by adding at the end the following:
  `(u)(1) It shall be unlawful for any licensed importer, licensed
  manufacturer, or licensed dealer to sell, deliver, or transfer a handgun
  to an individual who is not licensed under section 923, unless--
  `(A) after the most recent proposal of such transfer by the transferee--
  `(i) the transferor has--
  `(I) received from the transferee a statement of the transferee containing
  the information described in paragraph (2);
  `(II) verified the identification of the transferee by examining the
  identification document presented; and
  `(III) within one day after the transferee furnishes the statement,
  provided a copy of the statement to the chief law enforcement officer of
  the place of residence of the transferee; and
  `(ii)(I) seven days have elapsed from the date the transferee furnished
  the statement, and the transferor has not received information from the
  chief law enforcement officer that receipt or possession of the handgun
  by the transferee would be in violation of Federal, State, or local law; or
  `(II) the transferor has received notice from the chief law enforcement
  officer that the officer has no information indicating that receipt or
  possession of the handgun by the transferee would violate Federal, State,
  or local law;
  `(B) the transferee has presented to the transferor a written statement,
  issued by the chief law enforcement officer of the place of residence of
  the transferee during the 10-day period ending on the date of the most
  recent proposal of such transfer by the transferee, which states that the
  transferee requires access to a handgun because of a threat to the life
  of the transferee or of any member of the household of the transferee;
  `(C)(i) the transferee has presented to the transferor a permit which--
  `(I) allows the transferee to possess a handgun; and
  `(II) was issued not more than five years earlier by the State in which
  the transfer is to take place; and
  `(ii) the law of the State provides that such a permit is to be issued only
  after an authorized government official has verified that the information
  available to such official does not indicate that possession of a handgun
  by the transferee would be in violation of law;
  `(D) the law of the State--
  `(i) prohibits any licensed importer, licensed manufacturer, or licensed
  dealer from transferring a handgun to an individual who is not licensed
  under section 923, before at least 7 days have elapsed from the date of
  the transferee proposes such transfer; or
  `(ii) requires that, before any licensed importer, licensed manufacturer,
  or licensed dealer completes the transfer of a handgun to an individual who
  is not licensed under section 923, an authorized government official verify
  that the information available to such official does not indicate that
  possession of a handgun by the transferee would be in violation of law; or
  `(E) the transferor has received a report from any system of felon
  identification established by the Attorney General pursuant to section
  6213(a) of the Anti-Drug Abuse Act of 1988, that available information
  does not indicate that possession or receipt of a handgun by the transferee
  would violate Federal, State, or local law.
  `(2) The statement referred to in paragraph (1)(A)(i)(I) shall contain only--
  `(A) the name, address, and date of birth appearing on a valid identification
  document (as defined in section 1028(d)(1)) of the transferee containing
  a photograph of the transferee and a description of the identification used;
  `(B) a statement that the transferee--
  `(i) is not under indictment for, and has not been convicted in any court
  of, a crime punishable by imprisonment for a term exceeding 1 year;
  `(ii) is not a fugitive from justice;
  `(iii) is not an unlawful user of or addicted to any controlled substance
  (as defined in section 102 of the Controlled Substances Act);
  `(iv) has not been adjudicated as a mental defective or been committed to
  a mental institution;
  `(v) is not an alien who is illegally or unlawfully in the United States;
  `(vi) has not been discharged from the Armed Forces under dishonorable
  conditions; and
  `(vii) is not a person who, having been a citizen of the United States,
  has renounced such citizenship;
  `(C) the date the statement is made; and
  `(D) notice that the transferee intends to obtain a handgun from the
  transferor.
  `(3) Any transferor of a handgun who, after such transfer, receives a
  report from a chief law enforcement officer containing information that
  receipt or possession of the handgun by the transferee violates Federal,
  State, or local law shall immediately communicate all information the
  transferor has about the transfer and the transferee to--
  `(A) the chief law enforcement officer of the place of business of the
  transferor; and
  `(B) the chief law enforcement officer of the place of residence of the
  transferee.
  `(4) Any transferor who receives information, not otherwise available to
  the public, in a report under this subsection shall not disclose such
  information except to the transferee, to law enforcement authorities,
  or pursuant to the direction of a court of law.
  `(5)(A) Any transferor who sells, delivers, or otherwise transfers a handgun
  to a transferee shall retain the copy of the statement of the transferee
  with respect to the handgun transaction, and shall retain evidence that
  the transferor has complied with paragraph (1)(A)(i)(III) with respect to
  the statement.
  `(B) Unless the chief law enforcement officer to whom a copy of the
  statement is sent determines that a transaction would violate Federal,
  State, or local law, the officer shall, within 30 days after the date the
  transferee made such statement, destroy such copy and any record containing
  information derived from such statement.
  `(6) For purposes of this subsection, the term `chief law enforcement
  officer' means the chief of police, the sheriff, or an equivalent officer,
  or the designee of any such individual.
  `(7) This subsection shall not apply to the sale of a firearm in the
  circumstances described in subsection (c).
  `(8) The Secretary shall take necessary actions to assure that the
  provisions of this subsection are published and disseminated to dealers
  and to the public.
  `(9) A chief law enforcement officer shall not be liable to any person, for
  action taken by the officer to ascertain whether a transferee of a handgun
  has a criminal record or whether there is any other legal impediment to
  the transferee receiving a handgun, under any Federal, State, or local
  law except a law that specifically provides for such liability.'.
  (b) HANDGUN DEFINED- Section 921(a) of title 18, United States Code,
  is amended by adding at the end the following:
  `(31) The term `handgun' means--
  `(A) a firearm which has a short stock and is designed to be held and
  fired by the use of a single hand; and
  `(B) any combination of parts from which a firearm described in subparagraph
  (A) can be assembled.'.
  (c) PENALTY- Section 924(a) of such title is amended--
  (1) in paragraph (1), by striking `paragraph (2) or (3) of'; and inserting
  `(2), (3), or (4)'; and
  (2) by adding at the end the following:
  `(5) Whoever knowingly violates section 922(u) shall be fined not more
  than $1,000, imprisoned for not more than one year, or both.'.
  (d) EFFECTIVE DATE- The amendments made by this section shall apply to
  conduct engaged in 90 or more days after the date of the enactment of
  this Act.
SEC. 2703. GRANTS FOR THE IMPROVEMENT OF CRIMINAL RECORDS AND TO DEFRAY THE
COSTS OF BACKGROUND CHECKS.
  (a) IN GENERAL- The Attorney General shall, subject to appropriations,
  make a grant to an eligible State to be used--
  (1) for the creation of a computerized criminal history record system or
  improvement of an existing system; and
  (2) to defray the cost to State and local law enforcement agencies in
  conducting background checks on prospective handgun purchasers.
  (b) ELIGIBLE STATES- An eligible State under subsection (a) is one that--
  (1) participates in, or makes arrangements to begin participating in by the
  end of 1993, the Interstate Identification Index operated by the Federal
  Bureau of Investigation;
  (2) makes arrangements to achieve, by the end of 1995, at least 80 percent
  currency of case dispositions in computerized criminal history files for
  all cases in which there has been an entry of activity within 5 years
  prior to the date of enactment of this Act and thereafter; and
  (3) in the case of a State other than a State described in section
  922(u)(1)(D) of title 18, United States Code, establishes, by the end of
  1993, procedures under which State and local law enforcement officers to whom
  statements are provided pursuant to section 922(c)(2) or 922(u)(1)(A)(i)(III)
  of title 18, United States Code, are required to make a reasonable effort
  to ascertain whether a transferee of a handgun has a criminal record or
  whether there is any other legal impediment to the transferee receiving
  a handgun, using whatever Federal, State and local recordkeeping systems
  are readily available for the purpose.
  (c) ALLOCATION- Funds appropriated for grants under subsection (a) shall
  be allocated as follows:
  (1) 50 percent of such funds shall be allocated among the States in
  accordance with their respective populations.
  (2) 50 percent of such funds shall be allocated among the States at the
  discretion of the Attorney General.
  (d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  for grants under subsection (a) a total of $40,000,000 for fiscal year
  1992 and all fiscal years thereafter.
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