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 S. 3, Omnibus Crime Control Act of 1997
(continued)
SUBTITLE C--COMMISSIONS AND STUDIES
SEC. 331. NATIONAL COMMISSION ON TERRORISM.
(a) ESTABLISHMENT- There is established a commission to be known
as the `National Commission on Terrorism' (in this section referred
to as the `Commission').
(b) MEMBERSHIP-
(1) NUMBER AND APPOINTMENT-
(A) IN GENERAL- The Commission shall be composed of 11
members, appointed from persons specially qualified by
training and experience to perform the duties of the
Commission, of whom--
(i) 3 shall be appointed by the Speaker of the House
of Representatives, and 1 shall be appointed by the
Minority Leader of the House of Representatives;
(ii) 3 shall be appointed by the Majority Leader of
the Senate, and 1 shall be appointed by the Minority
Leader of the Senate; and
(iii) 3 shall be appointed by the President.
(B) TIMING OF APPOINTMENTS- The appointing authorities
shall make their appointments to the Commission not later
than 45 days after the date of enactment of this Act.
(2) DESIGNATION OF THE CHAIRPERSON AND VICE CHAIRPERSON- The
Speaker of the House of Representatives and the Majority Leader
of the Senate shall jointly designate a Chairperson and a Vice
Chairperson from the members of the Commission (in this section
referred to as the `Chairperson' and the `Vice Chairperson',
respectively).
(3) PERIOD OF APPOINTMENT; VACANCIES- Members shall be
appointed for the life of the Commission. Any vacancy in
Commission membership shall not affect the exercise of the
Commission's powers, and shall be filled in the same manner as
the original appointment.
(c) MEETINGS-
(1) IN GENERAL- Not later than 60 days after the date on
which all initial members of the Commission are appointed under
subsection (b), the Commission shall hold its initial meeting.
Each subsequent meeting of the Commission shall be held at the
call of the Chairperson.
(2) QUORUM- A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold
hearings.
(d) SECURITY CLEARANCES- Appropriate security clearances shall be
required for each member of the Commission. Each such clearance
shall--
(1) be processed and completed on an expedited basis by
appropriate elements of the executive branch of the Federal
Government; and
(2) to the extent practicable, be completed not later than 90
days after the date on which the member is appointed.
(e) APPLICATION OF CERTAIN PROVISIONS OF LAW-
(1) FEDERAL ADVISORY COMMITTEE ACT- The Federal Advisory
Committee Act (5 U.S.C. App.), and the regulations issued
pursuant to that Act, shall not apply to the Commission.
(2) FREEDOM OF INFORMATION ACT-
(A) IN GENERAL- Except as provided in subparagraph (B),
section 552 of title 5, United States Code (commonly known
as the `Freedom of Information Act'), shall not apply to
the Commission.
(B) EXCEPTIONS- Records of the Commission shall be
subject to chapters 21 through 31 of title 44, United
States Code. Any such record that is transferred to the
National Archives and Records Agency shall not be exempt
from section 552 of title 5, United States Code.
(f) DUTIES OF THE COMMISSION-
(1) IN GENERAL- The Commission shall--
(A) prepare and transmit the reports described in
paragraph (2);
(B) examine the long-term strategy of the Federal
Government in addressing the threat of international
terrorism, including intelligence capabilities,
international cooperation, military responses, and
technological capabilities;
(C) examine the efficacy and appropriateness of efforts
of the Federal Government to prevent, detect, investigate,
and prosecute acts of terrorism, including--
(i) the coordination of counter terrorism efforts
among Federal departments and agencies, and
coordination by the Federal Government of law
enforcement with State and local law enforcement
entities in responding to terrorist threats and acts;
(ii) the ability and utilization of
counterintelligence or counterterrorism efforts to
infiltrate and disable or disrupt international
terrorist organizations and the activities of those
organizations;
(iii) the impact of Federal immigration laws and
policies on acts of terrorism transcending national
boundaries;
(iv) the effectiveness of regulations and practices
in effect at the time of the examination relating to
civil aviation safety and security to prevent acts of
terrorism, including a study of--
(I) the desirability of assigning, on a permanent basis,
personnel of the Federal Bureau of Investigation at high-risk
airports; and
(II) the practicality and desirability of transferring authority
for United States airport security to an entity other than the
Federal Aviation Administration;
(v) the extent and effectiveness of present
cooperative efforts with foreign nations to prevent,
detect, investigate, and prosecute acts of terrorism; and
(vi)(I) the impact on counterterrorism efforts in use
at the time of the examination attributable to the
failure to expend and utilize resources made available,
and authority delegated by law for the implementation
of enhanced counter terrorism activities; and
(II) the reasons why the resources referred to in
subclause (I) have not been expended in a timely
manner; and
(D) examine all laws (including statutes and regulations)
relating to--
(i) the collection and dissemination of personal
information concerning individuals by law enforcement
or other governmental entities; and
(ii) the necessity for additional protections to
prevent and deter the inappropriate collection and
dissemination of the information referred to in clause
(i).
(2) REPORTS-
(A) INITIAL REPORT- Not later than 2 months after the
date on which the initial meeting of the Commission is
held, the Commission shall transmit to the Committees on
the Judiciary of the House of Representatives and the
Senate, the Committee on Foreign Relations of the Senate,
the Committee on International Relations of the House of
Representatives, the Select Committee on Intelligence of
the Senate, and the Permanent Select Committee on
Intelligence of the House of Representatives a report
setting forth a plan for the work of the Commission.
(B) INTERIM REPORTS- Prior to the submission of the
report under subparagraph (C), the Commission may issue
such interim reports as the Commission determines to be
necessary or appropriate.
(C) FINAL REPORT-
(i) IN GENERAL-
(I) SUBMISSION- Not later than January 31, 1999, the Commission
shall submit to the President and to the Committee on the Judiciary
of the Senate, the Committee on the Judiciary of the House of
Representatives, the Committee on Foreign Relations of the Senate,
the Committee on International Relations of the House of
Representatives, the Select Committee on Intelligence of the
Senate, and the Permanent Select Committee on Intelligence of the
House of Representatives, a report that describes the activities,
findings, and recommendations of the Commission, including any
recommendations for the enactment of legislation that the
Commission considers advisable.
(II) AVAILABILITY OF REPORT- To the extent feasible, the final
report shall be unclassified and made available to the public. The
report shall be supplemented as necessary by a classified report or
annex that shall be provided separately to the President and the
committees of the Congress listed in subclause (I).
(ii) PROTECTION OF INDIVIDUALS- Prior to the
submission of a report under this paragraph--
(I) the Commission shall forward a draft of the report to the
Director of Central Intelligence; and
(II) the Director of Central Intelligence shall--
(aa) review the report to ensure that disclosure of its contents
will not endanger the life or safety of any person; and
(bb) upon completion of the review, promptly provide conclusions
and recommendations to the Commission.
(g) POWERS-
(1) HEARINGS- The Commission or, at its direction, any panel
or member of the Commission, may, for the purpose of carrying
out this section, hold hearings, sit and act at times and
places, take testimony, receive evidence, and administer oaths
to the extent that the Commission or any panel or member
considers advisable.
(2) INFORMATION FROM FEDERAL AGENCIES- The Commission may
secure directly from any intelligence agency or from any other
Federal department or agency any information that the
Commission considers necessary to enable the Commission to
carry out the responsibilities of the Commission under this
section. Upon request of the Chairperson, the head of any such
department or agency expeditiously shall furnish such
information to the Commission, unless the head of the
department or agency determines that providing such information
would threaten national security, the health or safety of any
individual, or the integrity of an ongoing investigation or
prosecution.
(3) POSTAL, PRINTING, AND BINDING SERVICES- The Commission
may use the United States mails and obtain printing and binding
services in the same manner and under the same conditions as
other departments and agencies of the Federal Government.
(4) SUBCOMMITTEES-
(A) IN GENERAL- The Commission may establish panels
composed of less than the full membership of the Commission
for the purpose of carrying out the duties of the Commission.
(B) ACTIONS OF PANELS- The actions of each such panel
shall be subject to the review and control of the Commission.
(C) FINDINGS AND DETERMINATIONS OF PANEL- Any findings
and determinations made by such a panel shall not be
considered the findings and determinations of the
Commission unless approved by the Commission.
(5) AUTHORITY OF INDIVIDUALS TO ACT FOR COMMISSION- Any
member or agent of the Commission may, if authorized by the
Commission, take any action that the Commission is authorized
to take under this section.
(h) PERSONNEL MATTERS-
(1) COMPENSATION OF MEMBERS- Each member of the Commission
who is not otherwise employed by the Federal Government shall
be paid, if requested, at a rate equal to the daily equivalent
of the annual rate of basic pay payable for level V of the
Executive Schedule under section 5316 of title 5, United States
Code, for each day (including travel time) during which the
member is engaged in the performance of the duties of the
Commission. Each
Federal officer or member of the Commission who is otherwise an
officer or employee of the Federal Government (including any Member
of Congress or member of the Federal Judiciary) shall serve without
compensation in addition to that received for services as an
officer or employee of the Federal Government.
(2) TRAVEL EXPENSES- Each member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Commission.
(3) STAFF-
(A) IN GENERAL-
(i) IN GENERAL- The Chairperson may, without regard
to the provisions of title 5, United States Code,
governing appointments in the competitive service,
appoint a staff director and such additional personnel
as may be necessary to enable the Commission to perform
its duties.
(ii) STAFF DIRECTOR- The staff director of the
Commission shall be a representative of the private
sector. The appointment shall be subject to the
approval of the Commission as a whole.
(B) COMPENSATION- The Chairperson may fix the pay of the
staff director and other personnel without regard to the
provisions of chapter 51 and subchapter III of chapter 53
of title 5, United States Code, relating to classification
of positions and General Schedule pay rates, except that--
(i) the rate of pay fixed under this paragraph for
the staff director may not exceed the rate payable for
level V of the Executive Schedule under section 5316 of
such title; and
(ii) the rate of pay for other personnel may not
exceed the maximum rate payable for grade GS-15 of the
General Schedule.
(4) DETAIL OF GOVERNMENT EMPLOYEES- Upon the request of the
Chairperson, the head of any Federal department or agency may
detail, on a nonreimbursable basis, any personnel of that
department or agency to the Commission to assist it in carrying
out its administrative and clerical functions.
(5) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES- The
Chairperson may procure temporary and intermittent services
under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the
annual rate of basic pay payable for level V of the Executive
Schedule under section 5316 of such title.
(i) PAYMENT OF COMMISSION EXPENSES- The compensation, travel
expenses, per diem allowances of members and employees of the
Commission, and other expenses of the Commission shall be paid
equally out of funds available to the Attorney General, the
Secretary of Defense, and the Secretary of State for the payment of
compensation, travel allowances, and per diem allowances,
respectively, of employees of the Department of Justice, the
Department of Defense, and the Department of State.
(j) TERMINATION OF THE COMMISSION- The Commission shall terminate
1 month after the date on which the final report is submitted under
subsection (f)(2)(C).
TITLE IV--COMMUNITY PROTECTION
SEC. 401. SHORT TITLE.
This title may be cited as the `Community Protection Initiative
Act of 1997'.
SUBTITLE A--LAW ENFORCEMENT ASSISTANCE
SEC. 411. EXEMPTION OF QUALIFIED CURRENT AND FORMER LAW ENFORCEMENT
OFFICERS FROM STATE LAWS PROHIBITING THE CARRYING
OF CONCEALED FIREARMS.
(a) IN GENERAL- Chapter 44 of title 18, United States Code, is
amended by inserting after section 926A the following:
`Sec. 926B. Carrying of concealed firearms by qualified current and
former law enforcement officers
`(a) IN GENERAL- Notwithstanding any provision of the law of any
State or any political subdivision of a State, an individual may
carry a concealed firearm if that individual is--
`(1) a qualified law enforcement officer or a qualified
former law enforcement officer; and
`(2) carrying appropriate written identification.
`(b) EFFECT ON OTHER LAWS-
`(1) COMMON CARRIERS- Nothing in this section shall be
construed to exempt from section 46505(B)(1) of title 49--
`(A) a qualified law enforcement officer who does not
meet the requirements of section 46505(D) of title 49; or
`(B) a qualified former law enforcement officer.
`(2) FEDERAL LAWS- Nothing in this section shall be construed
to supersede or limit any Federal law or regulation prohibiting
or restricting the possession of a firearm on any Federal
property, installation, building, base, or park.
`(3) STATE LAWS- Nothing in this section shall be construed
to supersede or limit the laws of any State that--
`(A) grant rights to carry a concealed firearm that are
broader than the rights granted under this section;
`(B) permit private persons or entities to prohibit or
restrict the possession of concealed firearms on their
property; or
`(C) prohibit or restrict the possession of firearms on
any State or local government property, installation,
building, base, or park.
`(4) DEFINITIONS- In this section:
`(A) APPROPRIATE WRITTEN IDENTIFICATION- The term
`appropriate written identification' means, with respect to
an individual, a document that--
`(i) was issued to the individual by the public
agency with which the individual serves or served as a
qualified law enforcement officer; and
`(ii) identifies the holder of the document as a
current or former officer, agent, or employee of the
agency.
`(B) QUALIFIED LAW ENFORCEMENT OFFICER- The term
`qualified law enforcement officer' means an individual who--
`(i) is presently authorized by law to engage in or
supervise the prevention, detection, or investigation
of any violation of criminal law;
`(ii) is authorized by the agency to carry a firearm
in the course of duty;
`(iii) meets any requirements established by the
agency with respect to firearms; and
`(iv) is not the subject of a disciplinary action by
the agency that prevents the carrying of a firearm.
`(C) QUALIFIED FORMER LAW ENFORCEMENT OFFICER- The term
`qualified former law enforcement officer' means, an
individual who is--
`(i) retired from service with a public agency, other
than for reasons of mental disability;
`(ii) immediately before such retirement, was a
qualified law enforcement officer with that public
agency;
`(iii) has a nonforfeitable right to benefits under
the retirement plan of the agency;
`(iv) was not separated from service with a public
agency due to a disciplinary action by the agency that
prevented the carrying of a firearm;
`(v) meets the requirements established by the State
in which the individual resides with respect to--
`(I) training in the use of firearms; and
`(II) carrying a concealed weapon; and
`(vi) is not prohibited by Federal law from receiving
a firearm.
`(D) FIREARM- The term `firearm' means, any firearm that
has, or of which any component has, traveled in interstate
or foreign commerce.'.
(b) CLERICAL AMENDMENT- The chapter analysis for chapter 44 of
title 18, United States Code, is amended by inserting after the
item relating to section 926A the following:
`926B. Carrying of concealed firearms by qualified current and
former law enforcement officers.'.
SUBTITLE B--CITIZENS' ASSISTANCE
SEC. 421. SHORT TITLE.
This subtitle may be cited as the `Citizens' Assistance Act of
1997'.
SEC. 422. AUTHORIZATION TO ENTER INTO INTERSTATE COMPACTS.
(a) IN GENERAL- The consent of Congress is hereby given to any 2
or more States--
(1) to enter into compacts or agreements for cooperative
effort in enabling individuals to carry concealed weapons as
dictated by laws of the State
within which the owner of the weapon resides and is authorized to
carry a concealed weapon; and
(2) to establish agencies or guidelines as they may determine
to be appropriate for making effective such agreements and
compacts.
(b) RESERVATION OF RIGHTS- The right to alter, amend, or repeal
this section is hereby expressly reserved by Congress.
SEC. 423. AUTHORIZED USES OF FEDERAL GRANT FUNDS.
(a) IN GENERAL- Section 501(b) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3751(b)) is amended--
(1) in paragraph (25), by striking `and' at the end;
(2) in paragraph (26), by striking the period and inserting
`; and'; and
(3) by adding at the end the following:
`(27) at the discretion of State or local law enforcement
authorities, to train members of the public in the safe
possession, ownership, handling, carry, and use of firearms,
including handguns.'.
(b) EVALUATING DATA BAN- Section 501(c) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3751(c)) is amended--
(1) by striking `Each' and inserting the following:
`(1) IN GENERAL- Each';
(2) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively, and indenting appropriately; and
(3) by adding at the end the following:
`(2) COLLECTION AND USE OF DATA-
`(A) IN GENERAL- As a part of any evaluation required by
paragraph (1) or otherwise, the Attorney General may not
require the collection, and a grant recipient may not
undertake any collection, of any data about any person who
participates in any program funded under this section for
the purpose of training members of the public in the safe
possession, ownership, handling, carry, and use of
firearms, including handguns, other than data necessary to
determine whether such a member lawfully may possess a
firearm.
`(B) DESTRUCTION OF DATA- Any data described in
subparagraph (A) shall be destroyed by any party in
possession of that data not later than 7 days after the
date on which it is collected or once a member of the
public receives the training offered, whichever comes
first.'.
SEC. 424. SELF-DEFENSE FOR VICTIMS OF ABUSE.
Section 922(s)(1)(B) of title 18, United States Code, is amended--
(1) by striking `the transferee has' and inserting `the
transferee--
`(i) has'; and
(2) by adding at the end the following: `or
`(ii) is named as a person protected under a court
order described in subsection (g)(8).'.
TITLE V--CRIMINAL PROCEDURE IMPROVEMENTS
SUBTITLE A--EQUAL PROTECTION FOR VICTIMS
SEC. 501. THE RIGHT OF THE VICTIM TO AN IMPARTIAL JURY.
Rule 24(b) of the Federal Rules of Criminal Procedure is amended
by striking `the government is entitled to 6 peremptory challenges
and the defendant or defendants jointly to 10 peremptory
challenges' and inserting `each side is entitled to 10 peremptory
challenges'.
SEC. 502. JURY TRIAL IMPROVEMENTS.
(a) JURIES OF 6-
(1) IN GENERAL- Rule 23(b) of the Federal Rules of Criminal
Procedure is amended--
(A) by striking `JURY OF LESS THAN TWELVE. JURIES' and
inserting the following:
`(b) NUMBER OF JURORS-
`(1) IN GENERAL- Except as provided in subsection (2),
juries'; and
(B) by adding at the end the following:
`(2) JURIES OF 6- Juries may be of 6 upon request in writing
by the defendant with the approval of the court and the consent
of the government.'.
(2) ALTERNATE JURORS- Rule 24(c) of the Federal Rules of
Criminal Procedure is amended by inserting after the first
sentence the following: `In the case of a jury of 6, the court
shall direct that not more than 3 jurors in addition to the
regular jury be called and impanelled to sit as alternate
jurors.'.
(b) CAPITAL CASES- Section 3593(b) of title 18, United States
Code, is amended by striking the last sentence and inserting the
following: `A jury impanelled pursuant to paragraph (2) may be made
of 6 upon request in writing by the defendant with the approval of
the court and the consent of the government. Otherwise, such jury
shall be made of 12, 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.'.
SEC. 503. REBUTTAL OF ATTACKS ON THE CHARACTER OF THE VICTIM.
Rule 404(a)(1) of the Federal Rules of Evidence is amended by
inserting before the semicolon the following: `, or, if an accused
offers evidence of a pertinent trait of character of the victim of
the crime, evidence of a pertinent trait of character of the
accused offered by the prosecution'.
SEC. 504. USE OF NOTICE CONCERNING RELEASE OF OFFENDER.
Section 4042(b) of title 18, United States Code, is amended by
striking paragraph (4).
SEC. 505. BALANCE IN THE COMPOSITION OF RULES COMMITTEES.
Section 2073 of title 28, United States Code, is amended--
(1) in subsection (a)(2), by adding at the end the following:
`On each such committee that makes recommendations concerning
rules that affect criminal cases, including the Federal Rules
of Criminal Procedure, the Federal Rules of Evidence, the
Federal Rules of Appellate Procedure, the Rules Governing
Section 2254 Cases, and the Rules Governing Section 2255 Cases,
the number of members who represent or supervise the
representation of defendants in the trial, direct review, or
collateral review of criminal cases shall not exceed the number
of members who represent or supervise the representation of the
Government or a State in the trial, direct review, or
collateral review of criminal cases.'; and
(2) in subsection (b), by adding at the end the following:
`The number of members of the standing committee who represent
or supervise the representation of defendants in the trial,
direct review, or collateral review of criminal cases shall not
exceed the number of members who represent or supervise the
representation of the Government or a State in the trial,
direct review, or collateral review of criminal cases.'.
SUBTITLE B--FIREARMS
SEC. 521. MANDATORY MINIMUM SENTENCES FOR CRIMINALS POSSESSING
FIREARMS.
Section 924(c) of title 18, United States Code, is amended--
(1) by striking `(c)' and all that follows through `(2)' and
inserting the following:
`(c) POSSESSION OF FIREARM DURING COMMISSION OF CRIME OF VIOLENCE
OR DRUG TRAFFICKING CRIME-
`(1) TERM OF IMPRISONMENT-
`(A) IN GENERAL- Except to the extent that a greater
minimum sentence is otherwise provided by this subsection
or by any other provision of law, any person who, during
and in relation to any crime of violence or drug
trafficking crime (including a crime of violence or drug
trafficking crime that provides for an enhanced punishment
if committed by the use of a deadly or dangerous weapon or
device) for which a person may be prosecuted in a court of
the United States, uses, carries, or possesses a firearm
shall, in addition to the punishment provided for such
crime of violence or drug trafficking crime--
`(i) be sentenced to a term of imprisonment of not
less than 5 years;
`(ii) if the firearm is discharged, be sentenced to a
term of imprisonment of not less than 10 years; and
`(iii) if the death of any person results, be
sentenced to a term of imprisonment for life or
sentenced to death.
`(B) EXCEPTION FOR CERTAIN OFFENSES- If the firearm
possessed by a person convicted of a violation of this
subsection--
`(i) is a short-barreled rifle, short-barreled
shotgun, or semiautomatic assault weapon, the person
shall be--
`(I) sentenced to a term of imprisonment of not less than 10
years; and
`(II) if the death of any person results, sentenced to a term of
imprisonment for life or sentenced to death; and
`(ii) is a machinegun or a destructive device, or is
equipped with a firearm silencer or firearm muffler,
the person shall be--
`(I) sentenced to a term of imprisonment of not less than 30
years; and
`(II) if the death of any person results, sentenced to a term of
imprisonment for life or sentenced to death.
`(C) EXCEPTION FOR CERTAIN OFFENDERS- In the case of a
second or subsequent conviction under this subsection, a
person shall be sentenced to a term of imprisonment for life.
`(D) PROBATION AND CONCURRENT SENTENCES- Notwithstanding
any other provision of law--
`(i) a court shall not place on probation or suspend
the sentence of any person convicted of a violation of
this subsection; and
`(ii) no term of imprisonment imposed on a person
under this subsection shall run concurrently with any
other term of imprisonment imposed on the person,
including any term of imprisonment imposed for the
crime of violence or drug trafficking crime during
which the firearm was used, carried, or possessed.
`(2) DEFINITION OF `DRUG TRAFFICKING CRIME'- '; and
(2) in paragraph (3)--
(A) by striking `(3) For' and inserting the following:
`(3) DEFINITION OF `CRIME OF VIOLENCE'- For'; and
(B) by indenting each of subparagraphs (A) and (B) 2 ems
to the right.
SEC. 522. FIREARMS POSSESSION BY VIOLENT FELONS AND SERIOUS DRUG
OFFENDERS.
Section 924 of title 18, United States Code, is amended--
(1) in subsection (a)(1), by inserting before the period the
following: `, and if the violation is of section 922(g)(1) by a
person who has a previous conviction for a violent felony (as
defined in subsection (e)(2)(B)) or a serious drug offense (as
defined in subsection (e)(2)(A)), a sentence imposed under this
paragraph shall include a term of imprisonment of not less than
10 years'; and
(2) by adding at the end the following:
`(o)(1) Notwithstanding paragraph (2), any person who violates
section 922(g) and has 2 previous convictions by any court referred
to in section 922(g)(1) for a violent felony (as defined in
subsection (e)(2)(B)) or a serious drug offense (as defined in
subsection (e)(2)(A)) committed on different occasions shall be
fined as provided in this title, imprisoned not less than 20 years.
`(2) Notwithstanding any other law, the court shall not grant a
probationary sentence to a person described in paragraph (1) with
respect to the conviction under section 922(g).'.
SEC. 523. USE OF FIREARMS IN CONNECTION WITH COUNTERFEITING OR
FORGERY.
Section 924(c)(1) of title 18, United States Code, is amended in
the first sentence by inserting `or during and in relation to any
felony punishable under chapter 25,' after `United States,'.
SEC. 524. POSSESSION OF AN EXPLOSIVE DURING THE COMMISSION OF A
FELONY.
Section 844(h) of title 18, United States Code, is amended--
(1) in paragraph (2), by striking `carries an explosive
during' and inserting `uses, carries, or otherwise possesses an
explosive during'; and
(2) by striking `used or carried' and inserting `used,
carried, or possessed'.
SEC. 525. SECOND OFFENSE OF USING AN EXPLOSIVE TO COMMIT A FELONY.
Section 844(h) of title 18, United States Code, is amended by
striking `10' and inserting `20'.
SEC. 526. INCREASED PENALTIES FOR INTERNATIONAL DRUG TRAFFICKING.
(a) IN GENERAL- Section 1010 of the Controlled Substances Import
and Export Act (21 U.S.C. 960) is amended by adding at the end the
following:
`(e)(1) Notwithstanding any other provision of law, the court
shall sentence a person convicted of a violation of subsection (a),
consisting of bringing into the United States a mixture or
substance--
`(A) which is described in subsection (b)(1); and
`(B) in an amount the Attorney General by rule has determined
is equal to 100 usual dosage amounts of such mixture or
substance;
to imprisonment for life without possibility of release. If the
defendant has violated this subsection on more than one occasion
and the requirements of chapter 228 of title 18, United States
Code, are satisfied, the court shall sentence the defendant to death.
`(2) The maximum fine that otherwise may be imposed, but for this
subsection, shall not be reduced by operation of this subsection.'.
(b) INCLUSION OF OFFENSE- Section 3591(b) of title 18, United
States Code, is amended--
(1) by striking `or' at the end of paragraph (1);
(2) by striking the comma at the end of paragraph (2) and
inserting `; or' at the end of paragraph (2); and
(3) by inserting after paragraph (2) the following:
`(3) an offense described in section 1010(e)(1) of the
Controlled Substances Import and Export Act;'.
(c) ADDITIONAL AGGRAVATING FACTOR- Section 3592(d) of title 18,
United States Code, is amended by inserting after paragraph (8) the
following:
`(9) SECOND IMPORTATION OFFENSE- The offense consisted of a
second or subsequent violation of section 1010(a) of the
Controlled Substances Import and Export Act consisting of
bringing a controlled substance into the United States.'.
SUBTITLE C--FEDERAL DEATH PENALTY
SEC. 541. STRENGTHENING OF FEDERAL DEATH PENALTY STANDARDS AND
PROCEDURES.
(a) AMENDMENTS TO CHAPTER 228- Chapter 228 of title 18, United
States Code, is amended--
(1) in section 3592(c), by striking paragraph (2) and
inserting the following:
`(2) INVOLVEMENT OF A FIREARM OR PREVIOUS CONVICTION OF
VIOLENT FELONY INVOLVING A FIREARM- For any offense, other than
an offense for which a sentence of death is sought on the basis
of section 924(c), the defendant--
`(A) during and in relation to the commission of the
offense or in escaping or attempting to escape apprehension
used or possessed a firearm (as defined in section 921); or
`(B) has previously been convicted of a Federal or State
offense punishable by a term of imprisonment of more than 1
year, involving the use or attempted or threatened use of a
firearm (as defined in section 921) against another person.';
(2) in section 3593--
(A) in subsection (a)--
(i) in the heading, by inserting `AND THE DEFENDANT'
after `GOVERNMENT';
(ii) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(iii) by striking `If, in a case' and inserting the
following:
`(1) IN GENERAL- If, in a case';
(iv) by designating the matter immediately following
subparagraph (B), as redesignated, as paragraph (3),
and indenting appropriately;
(v) by inserting after paragraph (1) as redesignated,
the following:
`(2) NOTICE OF ANY MITIGATING FACTORS- The defendant shall,
during a reasonable period of time before a hearing under
subsection (b), sign and file with the court a notice setting
forth the mitigating factor or factors, if any, upon which the
defendant intends to present information at the hearing.'; and
(vi) in paragraph (3), as redesignated--
(I) by inserting `by the attorney for the Government' after `this
subsection';
(II) by striking `, and may include' and all that follows through
`relevant information';
(III) by inserting `or the defendant' after `permit the attorney
for the government'; and
(IV) by inserting `under this subsection' after `to amend the
notice'.
(B) in subsection (c)--
(i) in the fourth sentence, by inserting `for which
notice has been provided under subsection (a)' after
`The defendant may present any information relevant to
a mitigating factor'; and
(ii) by inserting after the fifth sentence the
following: `The information presented by the government
in support of factors concerning the effect of the
offense on the victim and the family of the victim may
include oral testimony, a victim impact statement that
identifies the victim of the offense and the nature and
extent of harm and loss suffered by the victim and the
family of the victim, and any other relevant
information.'; and
(C) in subsection (e), by striking `shall consider' and
all that follows through `lesser sentence.' and inserting
`shall then consider whether the aggravating factor or
factors found to exist outweigh any mitigating factors. The
jury, or if there is no jury, the court shall recommend a
sentence of death if it unanimously finds not less than 1
aggravating factor and no
mitigating factor or if it finds one or more aggravating factors
that outweigh any mitigating factors. In any other case, it shall
not recommend a sentence of death. The jury shall be instructed
that it must avoid any influence of sympathy, sentiment, passion,
prejudice, or other arbitrary factors in its decision, and shall
make such a recommendation as the information warrants. The jury
shall be instructed that its recommendation concerning a sentence
of death is to be based on the aggravating factor or factors and
any mitigating factor or factors, but that the final decision
whether any evidence, in fact, is aggravating or mitigating and
concerning the balance of aggravating and mitigating factors is a
matter for the judgment of the jury.'; and
(3) in section 3595(c)(2), by striking the last sentence.
(b) UNIFORMITY OF PROCEDURES- Section 408 of the Controlled
Substances Act (21 U.S.C. 848) is amended--
(1) by striking subsections (g) through (p), (q) (1) through
(3), and (r); and
(2) in subsection (q) by--
(A) redesignating paragraphs (4) through (10) as
paragraphs (1) through (7), respectively; and
(B) inserting `(g)' before `(1)' as redesignated.
(c) DEATH DURING COMMISSION OF ANOTHER CRIME- Section 3592(c)(1)
of title 18, United States Code, is amended by striking `of, or
during the immediate flight from the commission of,' and inserting
`of a felony, or during the immediate flight from the commission of
a felony, including'.
(d) AGGRAVATING FACTORS- Section 3592(c) of title 18, United
States Code, is amended by inserting immediately after paragraph
(15) the following:
`(16) OTHER CIRCUMSTANCES- With regard to the capital offense--
`(A) the victim was a custodial parent or legal guardian
of a child who was less than 18 years of age;
`(B) the offense was committed by a person imprisoned as
a result of a felony conviction;
`(C) the offense was committed for the purpose of
disrupting or hindering the lawful exercise of any
government or political function;
`(D) the victim was found to have been murdered due to
the association of the victim with a particular group,
gang, organization, or other entity;
`(E) the offense was committed by a person lawfully or
unlawfully at liberty after being sentenced to imprisonment
as a result of a felony conviction;
`(F) the offense was committed by means of a destructive
device, bomb, explosive, or similar device that the
defendant planted, hid, or concealed in any place, area,
dwelling, building, or structure, or mailed or delivered,
or caused to be planted, hidden, concealed, mailed, or
delivered, and the defendant knew that the actions of the
defendant would create a great risk of death to human life;
`(G) the offense was committed for the purpose of
avoiding or preventing an arrest or effecting an escape
from custody;
`(H) the victim was a current or former judge or judicial
officer of any civilian, military, or tribal court of
record in the United States or the territories of the
United States, a law enforcement officer or official, and
the murder was intentionally carried out in retaliation
for, or to prevent the performance of, the official duties
of the victim;
`(I) the defendant has been convicted of more than one
offense of murder in the first or second degree either in
the proceeding at bar or as the result of any prior
proceeding;
`(J) the victim was a witness or a relative of a witness--
`(i) to a crime who was intentionally killed for the
purpose of preventing the testimony of any person in
any judicial or administrative proceeding, and the
killing was not committed during the commission or
attempted commission of the crime to which the
testimony would be relevant; or
`(ii) in a judicial or administrative proceeding and
was intentionally killed in retaliation for the
testimony of any person in such proceeding;
`(K) the victim was an elected or appointed official or
former official of the Federal, State, local, or tribal
government, or a relative of such an official, and the
killing was intentionally carried out in retaliation for,
or to prevent the performance of, the official duties of
the victim;
`(L) the defendant intentionally killed the victim while
lying in wait;
`(M) the victim was intentionally killed because of the
race, color, gender, religion, nationality, or country of
origin of the victim;
`(N) the victim was a juror in any court of record in the
Federal, State, or local system in any State or judicial
district, and the murder was intentionally carried out in
retaliation for, or to prevent the performance of the
official duties of the victim;
`(O) the murder was intentional and was perpetrated by
means of discharging a firearm from a motor vehicle,
whether or not the motor vehicle was moving, intentionally
at another person or persons outside the vehicle;
`(P) the murder was committed against a person who was
held or otherwise detained as a shield or hostage;
`(Q) the murder was committed against a person who was
held or detained by the defendant for ransom or reward;
`(R) the defendant caused or directed another to commit
murder or committed murder as an agent or employee of
another person;
`(S) the victim was pregnant;
`(T) the victim was handicapped or severely disabled;
`(U) the victim was a child 16 years of age or younger;
`(V) at the time of the killing, the victim, or a
relative of the victim, was or had been a nongovernmental
informant or had otherwise provided any investigative, law
enforcement, or police agency with information concerning
criminal activity, and the killing was in retaliation for
the activities of any person as a nongovernmental informant
or in providing information concerning criminal activity to
an investigative, law enforcement, or police agency;
`(W) the murder was committed for the purpose of
interfering with the free exercise or enjoyment by the
victim of any right, privilege, or immunity protected by
the first amendment to the Constitution of the United
States or because the victim exercised or enjoyed said
right; and
`(X) the victim was employed in a jail, correctional
facility, or halfway house, and was murdered while in the
lawful performance of the duties of the victim or in
retaliation for the lawful performance of the duties of the
victim.'.
SEC. 542. MURDER OF WITNESS AS AGGRAVATING FACTOR.
Section 3592(c)(1) of title 18, United States Code, is amended by
inserting `section 1512 (witness tampering), section 1513
(retaliation against witness),' after `(hostage taking),'.
SEC. 543. DEATH PENALTY FOR MURDERS COMMITTED IN THE DISTRICT OF
COLUMBIA.
(a) IN GENERAL- Chapter 51 of title 18, United States Code, is
amended by adding at the end the following:
`Sec. 1123. Capital punishment for murders in the District of
Columbia
`(a) OFFENSE- It shall be unlawful to cause the death of a person
intentionally, knowingly, or through recklessness manifesting
extreme indifference to human life, or to cause the death of a
person through the intentional infliction of serious bodily injury.
`(b) FEDERAL JURISDICTION- There is Federal jurisdiction over an
offense described in this section if the conduct resulting in death
or the death occurs in the District of Columbia.
`(c) PENALTY- An offense described in this section is a class A
felony. A sentence of death may be imposed for an offense described
in this section as provided in this section. Sections 3591 and 3592
of this title shall apply in relation to capital sentencing for an
offense described in this section.
`(d) DEFINITIONS- In this section--
`(1) the term `State' has the meaning stated in section 513;
and
`(2) the term `offense', as used in paragraphs (2), (5), and
(13) of subsection (e), and in paragraph (5) of this
subsection, means an offense under the law of a state or the
United States.
`(e) OTHER CHARGES- If an offense is charged under this section,
the government may join any charge under the District of Columbia
Code that arises from the same incident.'.
(b) TECHNICAL AMENDMENT- The chapter analysis for chapter 51 of
title 18, United States Code, is amended by adding at the end the
following:
`1123. Capital punishment for murders in the District of Columbia.'.
TITLE VI--INCREASED PENALTIES FOR TRAFFICKING AND MANUFACTURE OF
METHAMPHETAMINE AND PRECURSORS
SEC. 601. TRAFFICKING IN METHAMPHETAMINE PENALTY INCREASES.
(a) CONTROLLED SUBSTANCES ACT-
(1) LARGE AMOUNTS- Section 401(b)(1)(A)(viii) of the
Controlled Substances Act (21 U.S.C. 841(b)(1)(A)(viii)) is
amended by--
(A) striking `100 grams or more of methamphetamine,' and
inserting `50 grams or more of methamphetamine,'; and
(B) striking `1 kilogram or more of a mixture or
substance containing a detectable amount of
methamphetamine' and inserting `500 grams or more of a
mixture or substance containing a detectable amount of
methamphetamine'.
(2) SMALLER AMOUNTS- Section 401(b)(1)(B)(viii) of the
Controlled Substances Act (21 U.S.C. 841(b)(1)(B)(viii)) is
amended by--
(A) striking `10 grams or more of methamphetamine,' and
inserting `5 grams or more of methamphetamine,'; and
(B) striking `100 grams or more of a mixture or substance
containing a detectable amount of methamphetamine' and
inserting `50 grams or more of a mixture or substance
containing a detectable amount of methamphetamine'.
(b) IMPORT AND EXPORT ACT-
(1) LARGE AMOUNTS- Section 1010(b)(1)(H) of the Controlled
Substances Import and Export Act (21 U.S.C. 960(b)(1)(H)) is
amended by--
(A) striking `100 grams or more of methamphetamine,' and
inserting `50 grams or more of methamphetamine,'; and
(B) striking `1 kilogram or more of a mixture or
substance containing a detectable amount of
methamphetamine' and inserting `500 grams or more of a
mixture or substance containing a detectable amount of
methamphetamine'.
(2) SMALLER AMOUNTS- Section 1010(b)(2)(H) of the Controlled
Substances Import and Export Act (21 U.S.C.960(b)(2)(H)) is
amended by--
(A) striking `10 grams or more of methamphetamine,' and
inserting `5 grams or more of methamphetamine,'; and
(B) striking `100 grams or more of a mixture or substance
containing a detectable amount of methamphetamine' and
inserting `50 grams or more of a mixture or substance
containing a detectable amount of methamphetamine'.
SEC. 602. SENTENCING FOR VIOLATIONS INVOLVING COCAINE POWDER.
(a) AMENDMENT OF CONTROLLED SUBSTANCES ACT-
(1) LARGE QUANTITIES- Section 401(b)(1)(A)(ii) of the
Controlled Substances Act (21 U.S.C. 841(b)(1)(A)(ii)) is
amended by striking `5 kilograms' and inserting `1 kilogram'.
(2) SMALL QUANTITIES- Section 401(b)(1)(B)(ii) of the
Controlled Substances Act (21 U.S.C. 841(b)(1)(B)(ii)) is
amended by striking `500 grams' and inserting `100 grams'.
(b) AMENDMENT OF SENTENCING GUIDELINES- Pursuant to section 994
of title 28, United States Code, the United States Sentencing
Commission shall promulgate guidelines or amend existing guidelines
to reflect the amendment made by subsection (a).
SEC. 603. IMPLEMENTATION OF A SENTENCE OF DEATH.
(a) IN GENERAL- Section 3596(a) of title 18, United States Code,
is amended--
(1) by striking `pursuant to this chapter'; and
(2) in the second sentence, by striking `in the manner' and
all that follows through the end of the subsection and
inserting `pursuant to regulations promulgated by the Attorney
General.'.
(b) REGULATIONS- Not later than 6 months after the date of
enactment of this Act, the Attorney General shall promulgate
regulations to provide for the implementation of a sentence of
death under section 3596 of title 18, United State Code.
(c) IN GENERAL- Section 3597 of title 18, United States Code, is
amended--
(1) by striking the section designation and the section
heading and inserting the following:
`Sec. 3597. Use of facilities and employees';
(2) by striking subsection (a) and inserting the following:
`(a) IN GENERAL- A United States marshal charged with supervising
the implementation of a sentence of death shall use appropriate
Federal facilities for that purpose.'; and
(3) in subsection (b), by striking `any State department of
corrections,'.
(d) TECHNICAL AMENDMENT- The chapter analysis for chapter 228 of
title 18, United States Code, is amended by striking item relating
to section 3597 and inserting the following:
`3597. Use of facilities and employees.'.
SEC. 604. LIMITATION ON DRUG ENFORCEMENT ADMINISTRATOR TENURE.
(a) IN GENERAL- The term of office of the Administrator of the
Drug Enforcement Agency (as established by section 5(a) of the
Reorganization Plan No. 2 of 1973 (5 U.S.C. App.)) shall be for not
more than a single 10-year period.
(b) APPLICABILITY- This section does not apply to the individual
who is serving as the Administrator of the Drug Enforcement Agency
on the date of enactment of this Act, unless that individual is
reappointed to the position on or after the date of enactment of
this Act.
SEC. 605. SERIOUS JUVENILE DRUG OFFENSES AS ARMED CAREER CRIMINAL
ACT PREDICATES.
Section 924(e)(2)(A) of title 18, United States Code, is amended--
(1) in clause (i), by striking `or' at the end;
(2) in clause (ii), by adding `or' at the end; and
(3) by adding at the end the following:
`(iii) any act of juvenile delinquency, under Federal
or State law, that, if committed by an adult, would be
an offense described in clause (i) or (ii).'.
SEC. 606. MANDATORY MINIMUM PRISON SENTENCES FOR PERSONS WHO USE
MINORS IN DRUG TRAFFICKING ACTIVITIES OR SELL
DRUGS TO MINORS.
(a) EMPLOYMENT OF PERSONS UNDER 18 YEARS OF AGE- Section 420 of
the Controlled Substances Act (21 U.S.C. 861) is amended--
(1) in subsection (b), by striking the second sentence and
inserting the following: `Except to the extent that a greater
minimum sentence is otherwise provided, a term of imprisonment
of a person 21 or more years of age convicted under this
subsection shall be not less than 10 years, and a term of
imprisonment of a person between the ages of 18 and 21
convicted under this subsection shall be not less than 3 years.
Notwithstanding any other provision of law, the court shall not
place on probation or suspend the sentence of any person
sentenced under the preceding sentence.'; and
(2) in subsection (c)--
(A) by striking `one year' and inserting `6 years';
(B) by inserting after the second sentence the following:
`Except to the extent that a greater minimum sentence is
otherwise provided, a term of imprisonment of a person 21
or more years of age convicted under this subsection shall
be a mandatory term of life imprisonment. Notwithstanding
any other provision of law, the court shall not place on
probation or suspend the sentence of any person sentenced
under the preceding sentence.'; and
(C) in the third sentence, by striking `Penalties' and
inserting: `Except to the extent that a greater minimum
sentence is otherwise provided, penalties'.
(b) MANDATORY MINIMUM PRISON SENTENCES FOR PERSONS CONVICTED OF
DISTRIBUTION OF DRUGS TO MINORS-
(1) IN GENERAL- Section 418 of the Controlled Substances Act
(21 U.S.C. 859) is amended--
(A) in subsection (a)
(i) by striking `at least eighteen' and inserting
`not less than 21';
(ii) by striking `twenty-one' and inserting `18';
(iii) by striking `not less than one year' and
inserting `not less than 10 years'; and
(iv) by striking the last sentence;
(B) in subsection (b)--
(i) by striking `at least eighteen' and inserting
`not less than 21';
(ii) by striking `twenty-one' and inserting `18';
(iii) by striking `not less than one year' and
inserting `a mandatory term of life imprisonment'; and
(iv) by striking the last sentence; and
(C) in the section heading, by striking `TWENTY-ONE' and
inserting `18'.
(2) TECHNICAL AMENDMENT- The table of contents for the
Comprehensive Drug Abuse Prevention and Control Act of 1970 is
amended in the item relating to section 418 by striking
`TWENTY-ONE' and inserting `18'.
(c) PENALTIES FOR DRUG OFFENSES IN DRUG-FREE ZONES-
(1) INCREASED PENALTIES- Section 419 of the Controlled
Substances Act (21 U.S.C. 860) is amended--
(A) in subsection (a)--
(i) by striking `not less than one year' and
inserting `not less than 5 years'; and
(ii) by striking the last sentence;
(B) in subsection (b), by striking `not less than three
years' and inserting `not less than 10 years'; and
(C) by redesignating subsections (c), (d), and (e) as
subsections (d), (e), and (f), respectively.
SEC. 607. PENALTY INCREASES FOR TRAFFICKING IN LISTED CHEMICALS.
(a) CONTROLLED SUBSTANCES ACT- Section 401(d) of the Controlled
Substances Act (21 U.S.C. 841(d)) is amended by inserting before
the period at the end the following: `or, with respect to a
violation of paragraph (1) or (2) of this subsection involving a
list I chemical, if the government proves the quantity of
controlled substance that could reasonably have been manufactured
in a clandestine setting using the quantity of list I chemicals
possessed or distributed, the penalty corresponding to the quantity
of controlled substance that could have been produced under
subsection (b)'.
(b) CONTROLLED SUBSTANCE IMPORT AND EXPORT ACT- Section 1010(d)
of the Controlled Substances Import and Export Act (21 U.S.C.
960(d)) is amended by inserting before the period at the end the
following: `, or, with respect to an importation violation of
paragraph (1) or (3) of this subsection involving a list I
chemical, if the government proves the quality of controlled
substance that could reasonably have been manufactured in a
clandestine setting using the quantity of list I chemicals
imported, the penalty corresponding to the quantity of controlled
substance that could have been produced under title II'.
(c) DETERMINATION OF QUANTITY-
(1) IN GENERAL- For the purpose of this section and the
amendments made by this section, the quantity of controlled
substance that could reasonably have been provided shall be
determined by using a table of manufacturing conversion ratios
for list I chemicals.
(2) TABLE- The table described in paragraph (1) shall be--
(A) established by the United States Sentencing
Commission based on scientific, law enforcement, and other
data the Sentencing Commission determines to be
appropriate; and
(B) dispositive of this issue.
TITLE VII--COMBATING VIOLENCE AGAINST WOMEN AND CHILDREN
SUBTITLE A--GENERAL REFORMS
SEC. 701. PARTICIPATION OF RELIGIOUS ORGANIZATIONS IN VIOLENCE
AGAINST WOMEN ACT PROGRAMS.
Notwithstanding any other provision of law, religious
organizations shall be eligible to participate in any grant program
authorized pursuant to the Violence Against Women Act of 1994
(Title IV of Public Law 103-322) which allow for the participation
of nongovernmental entities, programs, or agencies, or any private
organizations. No Federal or State governmental agency receiving
funds under any such program shall discriminate against an
organization on the basis that the organization has a religious
character. Nothing in this section shall be construed to preempt
any provision of a State constitution or State statute that
prohibits or restricts the expenditure of State funds in or by
religious organizations.
SEC. 702. DOMESTIC VIOLENCE ARREST GRANTS.
Paragraph (20) of section 1001(a) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 is amended by striking `fiscal
year 1998' and inserting `for each of the fiscal years 1998 and
1999'.
SEC. 703. RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT
ASSISTANCE.
Section 13971(c) of title 42 United States Code is amended by
striking `fiscal year 1998' and inserting `for each of the fiscal
years, 1998 and 1999.'
SEC. 704. RUNAWAY, HOMELESS, AND STREET YOUTH ASSISTANCE GRANTS.
Section 319(c)(3) of part A of the Runaway and Homeless Youth Act
(42 U.S.C. 5711 et seq.) is amended by striking `fiscal year 1998'
and inserting `for each of the fiscal years 1998 and 1999'.
SUBTITLE B--DOMESTIC VIOLENCE
SEC. 711. DEATH PENALTY FOR FATAL INTERSTATE DOMESTIC VIOLENCE
OFFENSES.
Sections 2261(b)(1) and 2262(b)(1) of title 18, United States
Code, are each amended by inserting `or may be sentenced to death,'
after `years,'.
SEC. 712. DEATH PENALTY FOR FATAL INTERSTATE VIOLATIONS OF
PROTECTIVE ORDERS.
Section 2262 of title 18, United States Code, is amended by
inserting `or may be sentenced to death,' after `years,'.
SEC. 713. EVIDENCE OF DISPOSITION OF DEFENDANT TOWARD VICTIM IN
DOMESTIC VIOLENCE CASES AND OTHER CASES.
Rule 404(b) of the Federal Rules of Evidence is amended by
striking `or absence of mistake or accident' and inserting `absence
of mistake or accident, or a disposition toward a particular
individual,'.
SEC. 714. HIV TESTING OF DEFENDANTS IN SEXUAL ASSAULT CASES.
(a) IN GENERAL- Chapter 109A of title 18, United States Code, is
amended by adding at the end the following:
`Sec. 2249. Testing for human immunodeficiency virus; disclosure of
test results to victim; effect on penalty
`(a) TESTING AT TIME OF PRETRIAL RELEASE DETERMINATION-
`(1) IN GENERAL- In a case in which a person is charged with
an offense under this chapter, upon request of the victim, a
judicial officer issuing an order pursuant to section 3142(a)
shall include in
the order a requirement that a test for the human immunodeficiency
virus be performed upon the person, and that followup tests for the
virus be performed 6 months and 12 months following the date of the
initial test, unless the judicial officer determines that the
conduct of the person created no risk of transmission of the virus
to the victim, and so states in the order.
`(2) TIMING- The order shall direct that the initial test be
performed within 24 hours, or as soon thereafter as feasible.
`(3) NO RELEASE FROM CUSTODY- Any person upon whom a test is
performed under this section--
`(A) shall not be released from custody until the test is
performed; and
`(B) unless indigent, shall be responsible for paying for
the test at the time the test is performed.
`(b) TESTING AT LATER TIME-
`(1) IN GENERAL- If a person charged with an offense under
this chapter was not tested for the human immunodeficiency
virus pursuant to subsection (a), the court may at a later time
direct that such a test be performed upon the person, and that
followup tests be performed 6 months and 12 months following
the date of the initial test, if it appears to the court that
the conduct of the person may have risked transmission of the
virus to the victim.
`(2) TIMING- A testing requirement under this subsection may
be imposed at any time while the charge is pending, or
following conviction at any time prior to the completion of
service of the sentence by the person.
`(c) TERMINATION OF TESTING REQUIREMENT- A requirement of
followup testing imposed under this section shall be canceled if
any test is positive for the virus or the person obtains an
acquittal on, or dismissal of, all charges under this chapter.
`(d) DISCLOSURE OF TEST RESULTS-
`(1) IN GENERAL- The results of any test for the human
immunodeficiency virus performed pursuant to an order under
this section shall be provided to the judicial officer or court.
`(2) DISCLOSURE TO VICTIM- The judicial officer or court
shall ensure that the results are disclosed to the victim (or
to the parent or legal guardian of the victim, as appropriate),
the attorney for the government, and the person tested.
`(3) APPLICABILITY OF OTHER LAW- Test results disclosed
pursuant to this subsection shall be subject to paragraphs (5)
through (7) of section 40503(b) of the Violent Crime Control
Act of 1994 (42 U.S.C. 14011(b)).
`(4) COUNSELING- Any test result of the defendant given to
the victim or the defendant must be accompanied by appropriate
counseling, unless the recipient does not wish to receive such
counseling.
`(e) EFFECT ON PENALTY- The United States Sentencing Commission
shall amend the Federal sentencing guidelines for sentences for
offenses under this chapter to enhance the sentence if the offender
knew or had reason to know that the offender was infected with the
human immunodeficiency virus, except if the offender did not engage
or attempt to engage in conduct creating a risk of transmission of
the virus to the victim.'.
(b) TECHNICAL AMENDMENT- The chapter analysis for chapter 109A of
title 18, United States Code, is amended by inserting at the end
the following:
`2249. Testing for human immunodeficiency virus; disclosure of test
results to victim; effect on penalty.'.
(c) AMENDMENTS TO TESTING PROVISIONS- Section 40503(b) of the
Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C.
14011(b)) is amended--
(1) by striking the subsection heading and inserting the
following:
`(b) TESTING OF DEFENDANTS- ';
(2) in paragraph (1)--
(A) by inserting `, or the Government in such a case,'
after `subsection (a)';
(B) by inserting `(or to the parent or legal guardian of
the victim, as appropriate)' after `communicated to the
victim'; and
(C) by inserting `, unless the recipient does not wish to
receive such counseling' after `counseling'; and
(3) in paragraph (2)--
(A) by striking `to obtain an order under paragraph (1),
the victim must demonstrate that' and inserting `the victim
or the Government may obtain an order under paragraph (1)
by showing that';
(B) in subparagraph (A)--
(i) by striking `the offense' and inserting `a sexual
assault involving alleged conduct that poses a risk of
transmission of the etiologic agent for acquired immune
deficiency syndrome'; and
(ii) by inserting `and' after the semicolon;
(C) in subparagraph (B), by striking `after appropriate
counseling; and' and inserting a period; and
(D) by striking subparagraph (C).
TITLE VIII--VIOLENT CRIME AND TERRORISM
SUBTITLE A--VIOLENT CRIME AND TERRORISM
SEC. 801. AMENDMENTS TO ANTITERRORISM STATUTES.
(a) EXPLOSIVE MATERIALS- Section 844(f)(1) of title 18, United
States Code, is amended by inserting `or any institution or
organization receiving Federal financial assistance' after `or
agency thereof,'; and
(b) BIOLOGICAL WEAPONS-
(1) IN GENERAL- Section 178 of title 18, United States Code,
is amended--
(A) in paragraph (1), by striking `means any
microorganism, virus, or infectious substance, or
biological product that may be engineered as a result of
biotechnology or any naturally occurring or bioengineered
component of any such microorganism, virus, infectious
substance, or biological product' and inserting `means any
microorganism (including bacteria, viruses, fungi,
rickettsiae or protozoa), or infectious substance, or any
naturally occurring, bioengineered or synthesized component
of any such microorganism or infectious substance';
(B) in paragraph (2), by striking `means the toxic
material of plants, animals, microorganisms, viruses,
fungi, or infectious substances, or a recombinant molecule,
whatever its origin or method of production, including' and
inserting `means the toxic material or product of plants,
animals, microorganisms (including, but not limited to,
bacteria, viruses, fungi, rickettsiae or protozoa), or
infectious substances, or a recombinant or synthesized
molecule, whatever their origin and method of production,
and includes'; and
(C) in paragraph (4), by striking `recombinant molecule,
or biological product that may be engineered as a result of
biotechnology' and inserting `recombinant or synthesized
molecule'.
(2) USE OF WEAPONS OF MASS DESTRUCTION- Section 2332a of
title 18, United States Code, is amended--
(A) in subsection (a), by striking `, including any
biological agent, toxin, or vector (as those terms are
defined in section 178)'; and
(B) in subsection (b)(2)(C), by striking `disease
organism' and inserting `any biological agent, toxin, or
vector (as those terms are defined in section 178)'.
SEC. 802. KIDNAPPING; DEATH OF VICTIM BEFORE CROSSING STATE LINE AS
NOT DEFEATING PROSECUTION, AND OTHER CHANGES.
Section 1201(a) of title 18, United States Code, is amended--
(1) in paragraph (4), by striking `or' at the end; and
(2) by adding at the end the following:
`(6) an individual travels in interstate or foreign commerce
in furtherance of the offense; or
`(7) the mail or a facility in interstate or foreign commerce
is used in furtherance of the offense;'.
SEC. 803. EXPANSION OF SECTION 1959 OF TITLE 18 TO COVER COMMISSION
OF ALL VIOLENT CRIMES IN AID OF RACKETEERING
ACTIVITY AND INCREASED PENALTIES.
Section 1959(a) of title 18, United States Code, is amended--
(1) by inserting `or commits any other crime of violence'
before `or threatens to commit a crime of violence against';
(2) in paragraph (4), by inserting `committing any other
crime of violence or for' before `threatening to commit a crime
of violence', and by striking `five' and inserting `ten';
(3) in paragraph (5) by striking `ten' and inserting `twenty';
(4) in paragraph (6) by striking `or' before `assault
resulting in serious bodily injury,', by inserting `or any
other crime of violence' after those same words, and by
striking `three' and inserting `ten'; and
(5) by inserting `(as defined in section 1365 of this title)'
after `serious bodily injury' the first place it appears.
SEC. 804. CONFORMING AMENDMENT TO CONSPIRACY PENALTY.
(a) FIREARMS- Section 924 of title 18, United States Code, is
amended by adding at the end the following:
`(o) Except as otherwise provided in this section, a person who
conspires to commit any offense defined in this chapter shall be
subject to the same penalties (including the penalty of death) as
those prescribed for the offense the commission of which was the
object of the conspiracy.'.
(b) EXPLOSIVES- Section 844(n) of title 18, United States Code,
is amended by striking `other than' and inserting `including'.
SEC. 805. INCLUSION OF CERTAIN ADDITIONAL SERIOUS DRUG OFFENSES AS
ARMED CAREER CRIMINAL ACT PREDICATES.
Section 924(e)(2)(A)(ii) of title 18, United States Code, is
amended by inserting before the semicolon the following: `or which,
if it had been prosecuted as a violation of the Controlled
Substances Act (21 U.S.C. 801 et seq.) at the time of the offense
and because of the type and quantity of the controlled substance
involved, would have been punishable by a maximum term of
imprisonment of 10 years or more'.
SEC. 806. INCREASED PENALTIES FOR VIOLENCE IN THE COURSE OF RIOT
OFFENSES.
Section 2101(a) of title 18, United States Code, is amended by
striking `Shall be fined under this title, or imprisoned not more
than five years, or both' and inserting `Shall be fined under this
title or (i) if death results from such act, be imprisoned for any
term of years or for life, or both, or may be sentenced to death;
(ii) if serious bodily injury (as defined in section 1365 of this
title) results from such act, be imprisoned for not more than 20
years, or both; or (iii) in any other case, be imprisoned for not
more than 5 years, or both'.
SEC. 807. ELIMINATION OF UNJUSTIFIED SCIENTER ELEMENT FOR CARJACKING.
Section 2119 of title 18, United States Code, is amended by
striking `, with the intent to cause death or serious bodily harm'.
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