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 S. 3, Omnibus Crime Control Act of 1997
(continued)
SEC. 808. CRIMINAL OFFENSES COMMITTED OUTSIDE THE UNITED STATES BY
PERSONS ACCOMPANYING THE ARMED FORCES.
Title 18, United States Code, is amended by inserting after
chapter 211 the following:
[BOLD->] `CHAPTER 212--CRIMINAL OFFENSES COMMITTED OUTSIDE THE
UNITED STATES [<-BOLD]
`Sec. 3261. Criminal offenses committed by persons formerly serving
with, or presently employed by or accompanying, the armed forces
outside the United States
`(a) Whoever, while serving with, employed by, or accompanying
the armed forces outside the United States, engages in conduct
which would constitute an offense punishable by imprisonment for
more than one year if the conduct had been engaged in within the
special maritime and
territorial jurisdiction of the United States, shall be guilty of a
like offense and subject to a like punishment.
`(b) Nothing contained in this chapter deprives courts-martial,
military commissions, provost courts, or other military tribunals
of concurrent jurisdiction with respect of offenders or offenses
that by statute or by the law of war may be tried by
courts-martial, military commissions, provost courts, or other
military tribunals.
`(c) No prosecution may be commenced under this section if a
foreign government, in accordance with jurisdiction recognized by
the United States, has prosecuted or is prosecuting such person for
the conduct constituting such offense, except upon the approval of
the Attorney General of the United States or the Deputy Attorney
General of the United States (or a person acting in either such
capacity), which function of approval may not be delegated.
`(d)(1) The Secretary of Defense may designate and authorize any
person serving in a law enforcement position in the Department of
Defense to arrest outside the United States any person described in
subsection (a) who there is probable cause to believe engaged in
conduct which constitutes a criminal offense under such section.
`(2) A person arrested under paragraph (1) shall be released to
the custody of civilian law enforcement authorities of the United
States for removal to the United States for judicial proceedings in
relation to conduct referred to in such paragraph unless--
`(A) such person is delivered to authorities of a foreign
country under section 3262 of this title; or
`(B) such person has had charges preferred against him under
chapter 47 of title 10 for such conduct.
`Sec. 3262. Delivery to authorities of foreign countries
`(a) IN GENERAL- Any person designated and authorized under
section 3261(d) may deliver a person described in section 3261(a)
to the appropriate authorities of a foreign country in which such
person is alleged to have engaged in conduct described in such
subsection (a) if--
`(1) the appropriate authorities of that country request the
delivery of the person to such country for trial for such
conduct as an offense under the laws of that country; and
`(2) the delivery of such person to that country is
authorized by a treaty or other international agreement to
which the United States is a party.
`(b) DETERMINATION OF APPROPRIATE AUTHORITIES- The Secretary of
Defense shall determine what officials of a foreign country
constitute appropriate authorities for the purpose of this section.
`Sec. 3263. Regulations
`The Secretary of Defense shall issue regulations governing the
apprehension, detention, and removal of persons under this chapter.
Such regulations shall be uniform throughout the Department of
Defense.
`Sec. 3264. Definitions for chapter
`In this chapter--
`(1) a person is `employed by the Armed Forces outside the
United States'--
`(A) if he or she is employed as a civilian employee of a
military department or of the Department of Defense, as a
Department of Defense contractor, or as an employee of a
Department of Defense contractor;
`(B) is present or residing outside the United States in
connection with such employment; and
`(C) is not a national of the host nation; and
`(2) a person is `accompanying the Armed Forces outside the
United States' if he or she--
`(A) is a dependent of a member of the Armed Forces;
`(B) is a dependent of a civilian employee of a military
department or of the Department of Defense;
`(C) is residing with the member or civilian employee
outside the United States; and
`(D) is not a national of the host nation.'.
SEC. 809. ASSAULTS OR OTHER CRIMES OF VIOLENCE FOR HIRE.
Section 1958(a) of title 18, United States Code, is amended by
inserting `or other felony crime of violence against the person'
after `murder'.
SEC. 810. PENALTY ENHANCEMENT FOR CERTAIN OFFENSES RESULTING IN
DEATH.
(a) MAILMEN- Section 2114 of title 18, United States Code, is
amended--
(1) by designating the existing matter as subsection (a); and
(2) by adding a new subsection (b) as follows:
`(b) Whoever, in committing an offense described in this section,
or in avoiding or attempting to avoid apprehension for the
commission of such offense, kills any person shall be punished by
death or by imprisonment for life.'.
(b) CONTROLLED SUBSTANCES- Section 2118(c)(2) of title 18, United
States Code, is amended by striking
all after `kills any person' and inserting `shall be punished by
death or by imprisonment for life.'.
(c) INTERSTATE DOMESTIC VIOLENCE- Sections 2261(b)(1) and
2262(b)(1) of title 18, United States Code, are each amended by
inserting before the semicolon `, and may be sentenced to death'.
(d) ANIMAL ENTERPRISE TERRORISM- Section 43(b)(2) of title l8,
United States Code, is amended by inserting `or may be sentenced to
death' after `imprisoned for life or for any term of years'.
(e) RACKETEERING- Section 1952(a)(3)(B) of title 18, United
States Code, is amended by inserting `or may be sentenced to death'
after `imprisoned for any term of years or for life'.
SEC. 811. VIOLENCE DIRECTED AT DWELLINGS IN INDIAN COUNTRY.
Section 1153(a) of title 18, United States Code, is amended by
inserting `or 1363' after `section 661'.
SUBTITLE B--COURTS AND SENTENCING
SEC. 821. ALLOWING A REDUCTION OF SENTENCE FOR PROVIDING USEFUL
INVESTIGATIVE INFORMATION ALTHOUGH NOT REGARDING
A PARTICULAR INDIVIDUAL.
Section 3553(e) of title 18, United States Code, section 994(n)
of title 28, United States Code, and Rule 35(b) of the Federal
Rules of Criminal Procedure are each amended by striking
`substantial assistance in the investigation or prosecution of
another person who has committed an offense' and inserting
`substantial assistance in an investigation of any offense or the
prosecution of another person who has committed an offense'.
SEC. 822. APPEALS FROM CERTAIN DISMISSALS.
Section 3731 of title 18, United States Code, is amended by
inserting `or any part thereof' after `as to any one or more counts'.
SEC. 823. ELIMINATION OF OUTMODED CERTIFICATION REQUIREMENT.
Section 3731 of title 18, United States Code, is amended in the
second paragraph by striking `, if the United States attorney
certifies to the district court that the appeal is not taken for
purpose of delay and that the evidence is a substantial proof of a
fact material in the proceeding'.
SEC. 824. IMPROVEMENT OF HATE CRIMES SENTENCING PROCEDURE.
Section 280003(b) of the Violent Crime Control and Law
Enforcement Act of 1994 (28 U.S.C. 994 note) is amended by striking
`the finder of fact at trial' and inserting `the court at
sentencing'.
SEC. 825. CLARIFICATION OF LENGTH OF SUPERVISED RELEASE TERMS IN
CONTROLLED SUBSTANCE CASES.
Section 401(b)(1) of the Controlled Substances Act (21 U.S.C.
841(b)(1)) is amended in each of subparagraphs (A), (B), (C), and
(D), by striking `Any sentence' and inserting `Notwithstanding
section 3583 of title 18, United States Code, any sentence'.
SEC. 826. AUTHORITY OF COURT TO IMPOSE A SENTENCE OF PROBATION OR
SUPERVISED RELEASE WHEN REDUCING A SENTENCE OF
IMPRISONMENT IN CERTAIN CASES.
Section 3582(c)(1)(A) of title 18, United States Code, is amended
by inserting `(and may impose a sentence of probation or supervised
release with or without conditions)' after `may reduce the term of
imprisonment'.
SEC. 827. TECHNICAL CORRECTION TO ASSURE COMPLIANCE OF SENTENCING
GUIDELINES WITH PROVISIONS OF ALL FEDERAL STATUTES.
Section 994(a) of title 28, United States Code, is amended by
striking `consistent with all pertinent provisions of this title
and title 18, United States Code,' and inserting `consistent with
all pertinent provisions of any Federal statute'.
SUBTITLE C--WHITE COLLAR CRIME
SEC. 841. CLARIFICATION OF SCIENTER REQUIREMENT FOR RECEIVING
PROPERTY STOLEN FROM AN INDIAN TRIBAL ORGANIZATION.
Section 1163 of title 18, United States Code, is amended in the
second paragraph by striking `so'.
SEC. 842. LARCENY INVOLVING POST OFFICE BOXES AND POSTAL STAMP
VENDING MACHINES.
Section 2115 of title 18, United States Code, is amended--
(1) by striking `or' before `any building';
(2) by inserting `or any post office box or postal stamp
vending machine for the sale of stamps owned by the Postal
Service,' after `used in whole or in part as a post office,'; and
(3) by inserting `or in such box or machine,' after `so used'.
SEC. 843. THEFT OF VESSELS.
(a) DEFINITIONS- Section 2311 of title 18, United States Code, is
amended by adding at the end the following:
`Vessel' means any watercraft or other contrivance used or
designed for transportation or navigation on, under, or
immediately above, water.'.
(b) TRANSPORTATION, SALE, OR RECEIPT OF STOLEN VEHICLES- Sections
2312 and 2313 of title 18, United States Code, are each amended by
striking `motor vehicle or aircraft' and inserting `motor vehicle,
vessel, or aircraft'.
SEC. 844. CONFORMING AMENDMENT TO LAW PUNISHING OBSTRUCTION OF
JUSTICE BY NOTIFICATION OF EXISTENCE OF A
SUBPOENA FOR RECORDS IN CERTAIN TYPES OF
INVESTIGATIONS.
Section 1510(b)(3)(B) of title 18, United States Code, is amended--
(1) in clause (i), by striking `or' at the end;
(2) in clause (ii), by striking the period at the end and
inserting `; or'; and
(3) by adding at the end the following:
`(iii) the Controlled Substances Act, the Controlled
Substances Import and Export Act, or section 6050I of
the Internal Revenue Code of 1986.'.
SEC. 845. INJUNCTIONS AGAINST COUNTERFEITING AND FORGERY.
(a) IN GENERAL- Chapter 25 of title 18, United States Code, is
amended by adding at the end the following:
`Sec. 514. Injunctions against counterfeiting and forgery
`(a)(1) If a person is violating or about to violate any
provision of this chapter, the Attorney General may commence a
civil action in any Federal court to enjoin such violation.
`(2) A permanent or temporary injunction or restraining order
shall be granted without bond.
`(b) The court shall proceed as soon as practicable to the
hearing and determination of such an action, and may, at any time
before final determination, enter such a restraining order or
prohibition, or take such other action as is warranted in its
discretion. A proceeding under this section is governed by the
Federal Rules of Civil Procedure, except that, if an indictment has
been returned against the respondent, discovery is governed by the
Federal Rules of Criminal Procedure.'.
(b) CLERICAL AMENDMENT- The chapter analysis for chapter 25 of
title 18, United States Code, is amended by adding at the end the
following:
`514. Injunctions against counterfeiting and forgery.'.
SUBTITLE D--MISCELLANEOUS PROVISIONS
SEC. 861. INCREASED MAXIMUM PENALTY FOR CERTAIN RICO VIOLATIONS.
Section 1963(a) of title 18, United States Code, is amended by
striking `or imprisoned not more than 20 years (or for life if the
violation is based on a racketeering activity for which the maximum
penalty includes life imprisonment)' and inserting `or imprisoned
not more than the greater of 20 years or the statutory maximum term
of imprisonment (including life) applicable to a racketeering
activity on which the violation is based'.
SEC. 862. CLARIFICATION OF INAPPLICABILITY TO CERTAIN DISCLOSURES.
Section 2515 of title 18, United States Code, is amended by
adding at the end the following: `This section does not apply to
the disclosure by the United States, a State, or political
subdivision in a criminal trial or hearing or before a grand jury
of the contents of a wire or oral communication, or evidence
derived therefrom, the interception of which was in violation of
section 2511(2)(d) (relating to certain interceptions not involving
governmental misconduct).'.
SEC. 863. CONFORMING AMENDMENTS RELATING TO SUPERVISED RELEASE.
(a) Sections 1512(a)(1)(C), 1512(b)(3), 1512(c)(2),
1513(a)(1)(B), and 1513(b)(2) of title 18, United States Code, are
each amended by striking `violation of conditions of probation,
parole or release pending judicial proceedings' and inserting
`violation of conditions of probation, supervised release, parole,
or release pending judicial proceedings'.
(b) Section 3142 of title 18, United States Code, is amended--
(1) in subsection (d)(1), by inserting `, supervised
release,' `probation'; and
(2) in subsection (g)(3), by inserting `or supervised
release' after `probation'.
SEC. 864. ADDITION OF CERTAIN OFFENSES AS MONEY LAUNDERING
PREDICATES.
Section 1956(c)(7)(D) of title 18, United States Code, is amended
by inserting `or section 2339B (relating to providing material
support to designated foreign terrorist organizations)' before `of
this title'.
SEC. 865. CLARIFICATION OF JURISDICTIONAL BASE INVOLVING THE MAIL.
Section 2422(b) of title 18, United States Code, is amended--
(1) by inserting `the mail' after `using'; and
(2) by striking `including the mail,'.
SEC. 866. COVERAGE OF FOREIGN BANK BRANCHES IN THE TERRITORIES.
Section 20(9) of title 18, United States Code, is amended by
inserting before the period the following: `, except that for
purposes of this section the definition of the term `State' in such
Act shall be deemed to include a commonwealth, territory, or
possession of the United States'.
SEC. 867. CONFORMING STATUTE OF LIMITATIONS AMENDMENT FOR CERTAIN
BANK FRAUD OFFENSES.
Section 3293 of title 18, United States Code, is amended--
(1) by inserting `225,' after `215,'; and
(2) by inserting `1032,' before `1033'.
SEC. 868. CLARIFYING AMENDMENT TO SECTION 704.
Section 704(b)(2) of title 18, United States Code, is amended by
striking `with respect to a Congressional Medal of Honor'.
TITLE IX--PRISON REFORM
SUBTITLE A--PRISON LITIGATION REFORM
SEC. 901. AMENDMENT TO THE PRISON LITIGATION REFORM ACT.
Section 801 of the Prison Litigation Reform Act of 1995 is
amended by striking `1995' and inserting `1996'.
SEC. 902. APPROPRIATE REMEDIES FOR PRISON CONDITIONS.
Section 3626 of title 18, United States Code is amended--
(1) in subsection (a)--
(A) in paragraph (1)(B)(i), by striking `permits' and
inserting `requires'; and
(B) in paragraph (3)--
(i) in subparagraph (A), by striking `no prisoner
release order shall be entered unless--' and inserting
`no court shall enter a prisoner release order unless--';
(ii) in subparagraph (B), by--
(I) striking `(B) In' and inserting `(B)(i) In'; and
(II) striking `title 28 if the requirements of subparagraph (E)
have been met' and inserting `title 28';
(iii) by redesignating subparagraph (C) as clause (ii);
(iv) by redesignating subparagraph (D) as clause (iii);
(v) in subparagraph (E), by striking `The three-judge
court shall enter a prisoner release order only if' and
inserting `In any civil action with respect to prison
conditions, no court shall enter a prisoner release
order unless the requirements of subparagraph (A) have
been met and';
(vi) by redesignating subparagraph (E) as
subparagraph (B) and redesignating current subparagraph
(B) as subparagraph (C) and current subparagraph (F) as
subparagraph (D); and
(vii) in subparagraph (D), as redesignated, by
striking `program' and inserting `prison';
(2) in subsection (b)--
(A) in paragraph (3), by striking `the court makes
written findings based on the record that prospective
relief remains necessary to correct a current or ongoing
violation of the Federal right, extends no further than
necessary to correct the violation of the Federal right,
and that the prospective relief is narrowly drawn and the
least intrusive means to correct the violation' and
inserting `the plaintiff establishes by a preponderance of
the evidence and the court makes written findings based on
the record that there is a current and ongoing violation of
a Federal right, that prospective relief remains necessary
to correct the current and ongoing violation of that
Federal right, and that the relief extends no further than
necessary to correct the current and ongoing violation of
the Federal right, is narrowly drawn, and is the least
intrusive means to correct the current and ongoing
violation of the Federal right'; and
(B) by striking `or (2)' in paragraph 5, as redesignated;
(3) in subsection (e)--
(A) in paragraph (2), by striking `Any prospective
relief subject to a pending motion shall be automatically
stayed during the period--' and inserting `Any motion to
modify or terminate prospective relief made under
subsection (b) shall operate as a stay during the period--'
; and
(B) by adding the following:
`(3) ORDER REFUSING TO IMPOSE STAY- Any order staying or
suspending the operation of the automatic stay described in
paragraph (2) shall be treated as an order refusing to dissolve
or modify an injunction and shall be appealable pursuant to
section 1292(a)(1) of title 28, United States Code, regardless
of how the order is styled and whether it is termed a
preliminary or a final ruling.
`(4) INTERVENTION- The court shall rule within 30 days on a
ny motion to intervene as of right under subsection (a)(3)(D).
Mandamus shall lie to remedy any failure to act on such a
motion. Any State or local official or unit of government
seeking to intervene as of right pursuant to subsection
(a)(3)(D) may simultaneously file a motion to modify or
terminate a prisoner release order. If the motion to intervene
has not been denied by the 30th day after the motion to modify
or terminate has been filed, in the case of a motion made under
paragraph (1) or (2), or by the 180th day after the motion to
modify or terminate has been filed, in the case of a motion
made pursuant to any other law, the motion to modify or
terminate shall operate as a stay of the prospective relief
pursuant to the provisions of paragraph (2) beginning on the
30th or 180th day, respectively, and ending either on the date
the court enters a final order denying the motion to intervene,
or, if the court grants the motion to intervene, on the date
that the court enters a final order ruling on the motion to
terminate or modify the relief.';
(4) in subsection (f)--
(A) after `Special Masters' by inserting `In any civil
action in a federal court with respect to prison conditions';
(B) In paragraph (1)(A), by striking from `In any civil
action' through `prison conditions, the' and inserting `The';
(C) in paragraphs (1)(B) and (3), by striking `under this
subsection';
(D) in paragraph (4), by striking `under this section';
(E) in paragraph (6), by striking `appointed under this
subsection';
(F) in paragraph (2)(A), by striking `institution';
(G) in paragraph (2), by adding at the end the following:
`(D) The requirements of this paragraph shall apply only
to special masters appointed after the date of enactment of
the Prison Litigation Reform Act of 1995.';
(H) in paragraph (4), by adding at the end the following:
`In no event shall the court require the parties to pay the
compensation, expenses or costs of the special master.';
(I) in paragraph (5), by striking from `In any civil
action' through `subsection, the' and inserting `The'; and
(J) in paragraph (6)--
(i) in subparagraph (A), by striking `hearings' and
inserting `hearings on the record'; and by striking
`and prepare proposed findings of fact, which shall be
made on the record' and inserting `, and shall make any
findings based on the record as a whole';
(ii) in subparagraph (B), by adding `and' at the end;
(iii) by striking subparagraph (C); and
(iv) by redesignating subparagraph (D) as
subparagraph (C); and
(5) in subsection (g)--
(A) in paragraph (1), by striking `settlements' and
inserting `settlement agreements';
(B) in paragraph (3)--
(i) by inserting `Federal, State, local, or other'
before `facility';
(ii) by striking `violations' and inserting `a
violation';
(iii) by striking `terms and conditions' and
inserting `terms or conditions'; and
(iv) by inserting `or other post-conviction
conditional or supervised release,' after `probation,';
(C) in paragraph (5), by striking `or local facility' and
inserting `local, or other facility';
(D) in paragraph (8), by striking `inherent';
(E) in paragraph (9), by striking `agreements.' and
inserting `agreements;';
(F) by reversing the order of paragraphs (8) and (9);
(G) by inserting at the end of the subsection the
following new paragraph:
`(10)(A) the term `violation of a Federal right' means a
violation of a Federal constitutional or Federal statutory right;
`(B) the term `violation of a Federal right' does not include
a violation of a court order that is not independently a
violation of a Federal statutory or Federal constitutional right;
`(C) the term `violation of a Federal right' shall not be
interpreted to expand the authority of any individual or class
to enforce the legal rights that individual or class may have
pursuant to existing law with regard to institutionalized
persons, or to expand the authority of the United States to
enforce those rights on behalf of any individual or class.'; and
(H) by renumbering the paragraphs.
SEC. 903. CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS.
Section 7 of the Civil Rights of Institutionalized Persons Act
(42 U.S.C. 1997e), as amended by section 803(d) of the Prison
Litigation Reform Act of 1995, is amended--
(1) by amending the title of the section to read `Civil
Actions with Respect to Prison Conditions';
(2) in subsections (a), (c), and (d), by striking `by a
prisoner confined in any jail, prison, or other correctional
facility';
(3) in subsection (a), by striking `No action shall be
brought with respect to prison conditions' and inserting `No
civil action with respect to prison conditions shall be
brought'; and by striking `until such administrative remedies
as are available are exhausted.' and inserting in its place
`until the plaintiff has exhausted such administrative remedies
as are available.';
(4) in subsection (c), by striking `any action brought with'
and inserting `any civil action with';
(5) in subsection (d)--
(A) in paragraph (1)--
(i) by striking `any action brought by a prisoner
who is' and inserting `any civil action with respect to
prison conditions brought by a plaintiff who is or has
been';
(ii) by amending subparagraph (A) to read as follows:
`(A) the fee was directly and reasonably incurred in--
`(i) proving an actual violation of the plaintiff's
Federal rights;
`(ii) successfully obtaining contempt sanctions for a
violation of previously ordered prospective relief that
meets the standards set forth in section 3626 of title
18, United States Code, if the plaintiff made a good
faith effort to resolve the matter without court
action; or
`(iii) successfully obtaining court ordered
enforcement of previously ordered prospective relief
that meets the standards set forth in section 3626 of
title 18, United States Code, if the enforcement order
was necessary to prevent an imminent risk of serious
bodily injury to the plaintiff and the plaintiff made a
good faith attempt to resolve the matter without court
action; and'; and
(iii) by amending subparagraph (B) to read as follows:
`(B) the amount of the fee is proportionately related to
the court ordered relief for the violation.';
(B) in paragraph (2), by striking the last sentence and
inserting `If a monetary judgment is the sole or principal
relief awarded, the award of attorney's fees shall not
exceed 100 percent of the judgment.';
(C) in paragraph (3)--
(i) by striking `greater than 150 percent' and
inserting `greater than the lesser of--
`(A) 100 percent'; and
(ii) by striking `counsel.' and inserting `counsel; or
`(B) a rate of $100 per hour.'; and
(D) in paragraph (4), by striking `prisoner' and
inserting `plaintiff';
(6) in subsection (e), by striking `Federal civil action' and
inserting `civil action arising under Federal law';
(7) in subsection (f), by striking `action brought with
respect to prison conditions' and inserting `civil action with
respect to prison conditions brought';
(8) in subsection (g)--
(i) by amending the heading to read as follows: `Waiver
of Response';
(ii) by amending paragraph (1) to read as follows:
`(1) Any defendant may waive the right to respond to any
complaint in any civil action arising under Federal law brought
by a prisoner. Notwithstanding any other law or rule of
procedure, such waiver shall not constitute an admission of the
allegations contained in the complaint or waive any affirmative
defense available to the defendant. No relief shall be granted
to the plaintiff unless a response has been filed. The court
may direct any defendant to file a response.'; and
(iii) by striking paragraph (2); and
(9) by amending subsection (h) to read as follows:
`(h) As used in this section, the terms `civil action with
respect to prison conditions', `prison', and `prisoner' have the
meanings given those terms in section 3626(g) of title 18, United
States Code.'.
SEC. 904. PROCEEDINGS IN FORMA PAUPERIS.
(a) Section 1915(b)(1)(B) of title 28, United States Code, is
amended--
(1) by inserting after `average' the following: `of the
highest';
(2) by inserting after `balance' the following: `recorded for';
(3) by striking `in'; and
(4) by striking `the 6-month period' and inserting `each of
the 6 months'.
(b) Section 1915(b)(2) of title 28, United States Code, is
amended--
(1) by striking `forward' and inserting `deduct';
(2) by striking `to the clerk of the court'; and
(3) by adding at the end the following: `The agency having
custody of the prisoner shall forward the deducted payments to
clerk of the court either upon deduction or on a monthly basis
accompanied by appropriate documentation.'.
(c) Section 1915(f)(2)(A) of title 28, United States Code, is
amended by inserting `provides for or' before `includes'.
(d) Section 1915(f)(2)(B), of title 28, United States Code, is
amended to add the following sentence at the end: `If the judgment
for costs is held by the agency, or the employees of the agency,
having custody of the prisoner, the agency may withdraw 20 percent
of each deposit to the prisoner's account and apply that amount to
payment of the judgment until the judgment is paid in full.'.
(e) Section 1915(g) of title 28, United States Code, is amended--
(1) by striking `is frivolous' and inserting `was frivolous';
and
(2) by striking `fails' and inserting `failed'.
(f) Section 1915(h) of title 28, United States Code, as added by
section 804(e) of the Prison Litigation Reform Act of 1995, is
amended--
(1) by inserting `Federal, State, local, or other' before
`facility';
(2) by striking `violations' and inserting `a violation';
(3) by striking `terms and conditions' and inserting `terms
or conditions'; and
(4) by inserting `or other post-conviction conditional or
supervised release,' after `probation,'.
(g) Section 1915A of title 28, United States Code, is amended by
striking `, before docketing, if feasible or, in any event,'.
SEC. 905. NOTICE TO STATE AUTHORITIES OF MALICIOUS FILING BY
PRISONER.
(a) AMENDMENT- Chapter 123 of title 28, United States Code, is
amended--
(1) by inserting after section 1915A the following new section:
`Sec. 1915B. Notice to state authorities of finding of malicious
filing by a prisoner
`(1) FINDING- In any civil action brought in Federal court by
a prisoner (other than a prisoner confined in a Federal
correctional facility), the court may, on its own motion or the
motion of any adverse party, make a finding whether--
`(A) the claim was filed for a malicious purpose;
`(B) the claim was filed to harass the party against
which it was filed; or
`(C) the claimant testified falsely or otherwise
knowingly presented false evidence or information to the
court.
`(2) The court shall transmit to the State Department of
Corrections or other appropriate authority any affirmative
finding under paragraph (1). If the court makes such a finding,
the Department of Corrections or other appropriate authority
may, pursuant to State or local law--
`(A) revoke such amount of good time credit or the
institutional equivalent accrued to the prisoner as is
deemed appropriate; or
`(B) consider such finding in determining whether the
prisoner should be released from prison under any other
State or local program governing the release of prisoners,
including parole, probation, other post-conviction or
supervised release, or diversionary program.';
(2) by redesignating subsection 1915A(c) as section 1915C,
and in that section, as redesignated--
(A) by striking `this section' and inserting `sections
1915A and 1915B';
(B) by inserting `Federal, State, local, or other' before
`facility';
(C) by striking `violations' and inserting `a violation';
(D) by striking `terms and conditions' and inserting
`terms or conditions'; and
(E) by inserting `or other post-conviction conditional or
supervised release,' after `probation,'; and
(3) by inserting in the analysis for chapter 123 of title 28,
United States Code, and as further amended by this Act, after
the item relating to section 1915A the following:
`1915B. Notice to state authorities of finding of malicious filing
by a prisoner.
`1915C. Definition.'.
SEC. 906. PAYMENT OF DAMAGE AWARD IN SATISFACTION OF PENDING
RESTITUTION AWARDS.
(a) Section 807 of the Prison Litigation Reform Act of 1995 is
designated as section 1915D(a) of chapter 123 of title 28, United
States Code.
(b) That section is amended by striking the word `compensatory'
and the last sentence of that section.
(c) Section 808 of the Prison Litigation Reform Act of 1995 is
designated as section 1915D(b) of chapter 123 of title 28, United
States Code.
(d) The analysis for chapter 123 of title 28, United States Code,
is amended by inserting after the item relating to section 1915C
the following:
`1915D. Payment of damage award in satisfaction of pending
restitution order.'.
SEC. 907. EARNED RELEASE CREDIT OR GOOD TIME CREDIT REVOCATION.
(a) Section 1932 of title 28, United States Code, is redesignated
as section 3624A of title 18, United States Code.
(b) Section 3624A of title 18, United States Code, as
redesignated by subsection (a) of this section, is amended--
(1) by striking `In any' and inserting `(a) Finding--In any';
(2) by striking `an adult' and inserting `a person';
(3) by striking `order the revocation' and all that follows
through `finds that--' and inserting `, on its own motion or
the motion of any adverse party, make a finding whether--';
(4) in paragraph (2), by striking `solely';
(5) in paragraph (3)--
(A) by striking `testifies' and inserting `testified'; and
(B) by striking `presents' and inserting `presented'; and
(6) by adding at the end the following:
`(b) TRANSMISSION OF FINDING- The court shall transmit to the
Bureau of Prisons any affirmative finding under subsection (a). If
the court makes such a finding, the Bureau of Prisons shall revoke
an amount of unvested good time credit or the institutional
equivalent accrued to the prisoner pursuant to section 3264 as is
deemed appropriate by the Director of the Bureau of Prisons.'.
(c)(1) The analysis for chapter 123 of title 28, United States
Code, is amended by striking the item relating to section 1932.
(2) The analysis for chapter 229 of title 18, United States Code,
is amended by inserting after the item relating to section 3624 the
following:
`3624A. Revocation of earned release credit.'.
SEC. 908. RELEASE OF PRISONER.
Section 3624(b) of title 18, United States Code, is amended--
(1) in paragraph (1), by amending the fifth sentence to read
as follows: `Credit that has not been earned may not later be
granted, and credit that has been revoked pursuant to section
3624A may not later be reinstated.'; and
(2) in paragraph (2), by inserting before the period at the
end the following: `, and may be revoked by the Bureau of
Prisons for noncompliance with institutional disciplinary
regulations at any time before vesting'.
SEC. 909. EFFECTIVE DATE.
This subtitle and the amendments made by this subtitle shall take
effect on the date of enactment of this Act, and shall apply to all
proceedings in all pending cases on the date of enactment of this
Act.
SUBTITLE B--FEDERAL PRISONS
SEC. 911. PRISON COMMUNICATIONS.
Section 2522 of title 18, United States Code, is amended by
adding at the end the following:
`(e) EXEMPTION-
`(1) IN GENERAL- This chapter and chapter 121 do not apply
with respect to the interception by a law enforcement officer
of any wire, oral, or electronic communication, or the use of a
pen register, a trap and trace device, or a clone pager, if--
`(A) in the case of any wire, oral, or electronic
communication, at least one of the parties to the
communication is, an inmate or detainee in the custody of
the Attorney General of the United States or is in the
custody of a State or political subdivision thereof; or
`(B) in the case of a pen register, a trap and trace
device, or a clone pager, the facility is regularly used
by, an inmate or detainee in the custody of the Attorney
General of the United States or is in the custody of a
State or political subdivision thereof.
`(2) STATE DEFINED- As used in this subsection, the term
`State' means each of the several States of the United States,
the District of Columbia, and the territories and possessions
of the United States.
`(f) REGULATIONS- The Attorney General shall promulgate
regulations governing interceptions described in subsection (e) in
order to protect communications protected by the attorney-client
privilege and the right to counsel guaranteed by the sixth
amendment to Constitution of the United States.'.
SEC. 912. PRISON AMENITIES AND PRISONER WORK REQUIREMENT.
(a) IN GENERAL- Chapter 303 of title 18, United States Code, is
amended by adding at the end the following:
`Sec. 4048. Certain amenities for prisoners prohibited
`(a) IN GENERAL- Except as provided in subsection (b), the Bureau
of Prisons shall ensure that no prisoner or detainee under its
jurisdiction--
`(1) engages in any physical activity designed to increase or
enhance the fighting ability of the prisoner or detainee;
`(2) engages in any physical activity designed to increase
the physical strength of such prisoner or detainee; or
`(3) is permitted--
`(A) access to in-cell television viewing, except for
prisoners segregated from the general prison population for
their own safety;
`(B) access to the viewing of any movie or film, through
whatever medium presented, that has been given a Motion
Picture Association of America rating of NC-17, R, or X;
`(C) possession of any in-cell coffee pot, hot plate, or
other heating element;
`(D) access to any pornographic or other sexually
explicit printed material;
`(E) access to any bodybuilding or weightlifting
equipment; or
`(F) use or possession of any electric or electronic
musical equipment.
`(b) EXCEPTION FOR CERTAIN PRISONERS- The Director of the Bureau
of Prisons may grant an exception to paragraph (2) or (3)(E) of
subsection (a) with respect
to a prisoner or detainee, if a licensed medical doctor employed by
the Bureau of Prisons certifies that such exception is medically
necessary in order to enable the prisoner or detainee to pursue a
program of physical therapy or rehabilitation.
`(c) EFFECT ON OTHER REGULATIONS- Nothing in the section shall be
construed to preempt or repeal any regulation or policy of the
Bureau of Prisons that imposes greater restrictions on prisoners
and detainees than those required by this section, or to prevent
the adoption by the Bureau of Prisons of any regulation or policy
that imposes greater restrictions on prisoners and detainees than
those required by this section.
`(d) NO CAUSE OF ACTION- Nothing in this section shall be
construed to create a cause of action by or on behalf of any person
against the United States or any officer, employee, or contractor
thereof.
`Sec. 4049. Prisoner work requirement
`(a) IN GENERAL- Subject to subsection (b), the Director of the
Bureau of Prisons shall ensure that each convicted inmate in the
custody of the Attorney General and confined in any Federal prison,
correctional facility, jail, or other facility shall be engaged in
work. The type of work that a particular inmate shall be engaged
in shall be determined on the basis of appropriate security and
disciplinary considerations and by the health of the inmate.
`(b) EXCUSE- An inmate described in subsection (a) may be excused
from the requirement of subsection (a) in whole or in part, only as
necessitated by--
`(1) security considerations;
`(2) disciplinary action;
`(3) medical certification of disability, such as would make
it impractical for prison officials to arrange useful work for
the inmate to perform; or
`(4) a need for the inmate to work less than a full work
schedule in order to participate in literacy training, drug
rehabilitation, or other similar program in addition to
performing work.
`(c) NO COMPENSATION- Nothing in this section shall be construed
to entitle any inmate to any wage, compensation, or benefit, or be
construed to provide a cause of action by or on behalf of any
person against the United States or any officer, employee, or
contractor thereof.'.
(b) CLERICAL AMENDMENT- The chapter analysis for chapter 303 of
title 18, United States Code, is amended by adding at the end the
following:
`4048. Certain amenities for prisoners prohibited.
`4049. Prisoner work requirement.'.
SEC. 913. ELIMINATION OF SENTENCING INEQUITIES AND AFTERCARE FOR
FEDERAL INMATES.
Section 3621 of title 18, United States Code, is amended--
(1) in subsection (b), by striking the last sentence and
inserting `The Bureau shall endeavor to make available
appropriate substance abuse treatment for each prisoner the
Bureau determines has a treatable drug abuse problem, with a
priority to be given to younger offenders and those who would
benefit most from the treatment'; and
(2) in subsection (e), by striking paragraphs (1), (2), and
(5), and redesignating paragraphs (3), (4), and (6), as
paragraphs (1), (2), and (3), respectively.
TITLE X--MISCELLANEOUS PROVISIONS
SEC. 1001. SENSE OF THE SENATE REGARDING ONDCP.
It is the sense of the Senate that--
(1) the Office of National Drug Control Policy should, in
principle, be reauthorized for an additional 5 years; and
(2) prior to any such reauthorization, the Committee on the
Judiciary of the Senate should conduct an extensive review of
the National Drug Control Strategy for 1997 submitted by
President Clinton.
SEC. 1002. RESTRICTIONS ON DOCTORS PRESCRIBING SCHEDULE I SUBSTANCES.
(a) IN GENERAL- Not later than 45 days after the date of
enactment of this Act, the Secretary of Health and Human Services
shall promulgate regulations that require any and all hospitals or
health care service providers who receive Federal medicare or
medicaid payments based upon appropriate compliance certification,
as an additional certification requirement, to certify that no
physician or other health care professional who has privileges with
such hospital or health care service provider, or is otherwise
employed by them, is currently, or will in the future, prescribe or
otherwise recommend a schedule I substance to any person.
(b) REPORT- Not later than 1 year after the date of enactment of
this Act, the Secretary of Health and Human Services shall report
to Congress the number and names of institutions refusing or
otherwise failing to fulfill certification requirement of
subsection (a).
(c) REVOCATION OF CERTIFICATION- The Attorney General shall
promulgate regulations to revoke the DEA registration of any
physician or other health care provider who recommends or
prescribes a schedule I controlled substance.
SEC. 1003. ANTIDRUG USE PUBLIC SERVICE REQUIREMENT.
The Federal Communications Commission shall--
(1) coordinate with the President's Commission on Alcohol and
Drug Abuse Prevention, to develop a comprehensive education and
public service program targeting youth drug abuse pursuant to
section 8003 of Public Law 99-570 (21 U.S.C. 1302);
(2) encourage the priority use of public service resources
dedicated to promoting youth drug abuse prevention and education;
(3) contact and encourage the donation of greater public
resources dedicated to youth drug abuse programs from--
(A) television, radio, movies, cable communications, and
print media;
(B) the recording industry;
(C) the advertising industry;
(D) business; and
(E) professional sports; and
(4) encourage each of the organizations and industries
referred to in paragraph (3) to assist the implementation of
new programs and national strategies for dissemination of
information intended to prevent youth drug abuse.
SEC. 1004. CHILD PORNOGRAPHY.
(a) IN GENERAL- The Secretary of State is directed to review all
extradition treaties in force, and, if necessary, to renegotiate
all such treaties, in order to ensure that offenses involving the
sexual exploitation and abuse of children under sections 2251
through 2258 of title 18, United States Code, are extraditable
offenses.
(b) STATUTE OF LIMITATIONS- In any case in which a defendant is
charged with an offense under chapter 110 of title 18, United
States Code, and is alleged to have committed an offense, in whole
or in part, beyond the jurisdiction of the United States, the
statute of limitations shall be tolled during any period in which
the defendant is beyond the jurisdiction of the United States.
SEC. 1005. 2,000 BOYS AND GIRLS CLUBS BEFORE 2000.
(a) IN GENERAL- Section 401(a) of the Economic Espionage Act of
1996 (Public Law 104-294; 110 Stat. 3496) is amended by striking
paragraph (2) and inserting the following:
`(2) PURPOSE- The purpose of this section is to provide
adequate resources in the form of seed money for the Boys and
Girls Clubs of America to establish 1,000 additional local
clubs where needed, with particular emphasis placed on
establishing clubs in public housing projects and distressed
areas, and to insure that there are a total of no less than
2000 Boys and Girls Club of America facilities in operation not
later than December 31, 1999.'.
(b) ACCELERATED GRANTS- Section 401 of the Economic Espionage Act
of 1996 (Public Law 104-294; 110 Stat. 3496) is amended by striking
subsection (c) and inserting the following:
`(c) ESTABLISHMENT-
`(1) IN GENERAL- For each of the fiscal years 1997, 1998,
1999, 2000, and 2001, the Director of the Bureau of Justice
Assistance of the Department of Justice shall make a grant to
the Boys and Girls Clubs of America for the purpose of
establishing Boys and Girls Clubs facilities where needed, with
particular emphasis placed on establishing clubs in public
housing projects and distressed areas.
`(2) CONTRACTING AUTHORITY- To the extent that the Secretary
of Housing and Urban Development determines to be appropriate,
the Secretary of Housing and Urban Development, in consultation
with the Attorney General, shall enter into contracts with the
Boys and Girls Clubs of America to establish clubs pursuant to
the grants under paragraph (1).
`(3) APPLICATIONS- The Attorney General shall accept an
application for a grant under this subsection if submitted by
the Boys and Girls Clubs of America, and approve or deny the
grant not later than 90 days after the date on which the
application is submitted, if the application--
`(A) includes a long-term strategy to establish 1000
additional Boys and Girls Clubs and detailed summary of
those areas in which new facilities will be established
during the next fiscal year;
`(B) includes a plan to insure that there are a total of
not less than 2000 Boys and Girls Clubs of America
facilities in operation before January 1, 2000;
`(C) certifies that there will be appropriate
coordination with those communities where clubs will be
located; and
`(D) explains the manner in which new facilities will
operate without additional, direct Federal financial
assistance to the Boys and Girls Clubs once assistance
under this subsection is discontinued.'.
(c) ROLE MODEL GRANTS- Section 401 of the Economic Espionage Act
of 1996 (Public Law 104-294; 110 Stat. 3496) is amended by adding
at the end the following:
`(f) ROLE MODEL GRANTS- Of amounts made available under
subsection (e) in any fiscal year--
`(1) not more than 5 percent may be used to provide a grant
to the Boys and Girls Clubs of America for administrative,
travel, and other costs associated with a national role-model
speaking tour program; and
`(2) no amount may be used to compensate speakers other than
to reimburse speakers for reasonable travel and accommodation
costs associated with the program described in paragraph (1).'.
SEC. 1006. CELLULAR TELEPHONE INTERCEPTIONS.
Subsection 2511 of title 18, United States Code, is amended by
inserting `, imprisoned not more than 1 year, or both' after `under
this title'.
TITLE XI--VIOLENT AND REPEAT JUVENILE OFFENDERS
SEC. 1101. SHORT TITLE.
This title may be cited as the `Violent and Repeat Juvenile
Offender Act of 1997'.
SEC. 1102. FINDINGS AND PURPOSES.
(a) FINDINGS- Congress finds that--
(1) at the outset of the twentieth century, the States
adopted 2 separate juvenile justice systems for violent and
nonviolent offenders;
(2) violent crimes committed by juveniles, such as homicide,
rape, and robbery, were an unknown phenomenon at that time, but
the rate at which juveniles commit such crimes has escalated
astronomically since that time;
(3) in 1994--
(A) the number of persons arrested overall for murder in
the United States decreased by 5.8 percent, but the number
of persons who are less than 15 years of age arrested for
murder increased by 4 percent; and
(B) the number of persons arrested for all violent crimes
increased by 1.3 percent, but the number of persons who are
less than 15 years of age arrested for violent crimes
increased by 9.2 percent, and the number of persons less
than 18 years of age arrested for such crimes increased by
6.5 percent;
(4) from 1985 to 1996, the number of persons arrested for all
violent crimes increased by 52.3 percent, but the number of
persons under age 18 arrested for violent crimes rose by 75
percent;
(5) the number of juvenile offenders is expected to undergo a
massive increase during the first 2 decades of the twenty-first
century, culminating in an unprecedented number of violent
offenders who are less than 18 years of age;
(6) the rehabilitative model of sentencing for juveniles,
which Congress rejected for adult offenders when Congress
enacted the Sentencing Reform Act of 1984, is inadequate and
inappropriate for dealing with violent and repeat juvenile
offenders;
(7) the Federal Government should encourage the States to
experiment with progressive solutions to the escalating problem
of juveniles who commit violent crimes and who are repeat
offenders, including prosecuting all such offenders as adults,
but should not impose specific strategies or programs on the
States;
(8) an effective strategy for reducing violent juvenile crime
requires greater collection of investigative data and other
information, such as fingerprints and DNA evidence, as well as
greater sharing of such information among Federal, State, and
local agencies, including the courts, in the law enforcement
and educational systems;
(9) data regarding violent juvenile offenders must be made
available to the adult criminal justice system if recidivism by
criminals is to be addressed adequately;
(10) holding juvenile proceedings in secret denies victims of
crime the opportunity to attend and be heard at such
proceedings, helps juvenile offenders to avoid accountability
for their actions, and shields juvenile proceedings from public
scrutiny and accountability;
(11) the injuries and losses suffered by the victims of
violent crime are no less painful or devastating because the
offender is a juvenile; and
(12) the investigation, prosecution, adjudication, and
punishment of criminal offenses committed by juveniles is, and
should remain, primarily the responsibility of the States, to
be carried out without interference from the Federal Government.
(b) PURPOSES- The purposes of this title are--
(1) to reform juvenile law so that the paramount concerns of
the juvenile justice system are providing for the safety of the
public and holding juvenile wrongdoers accountable for their
actions, while providing the wrongdoer a genuine opportunity
for self-reform;
(2) to revise the procedures in Federal court that are
applicable to the prosecution of juvenile offenders;
(3) to address specifically the problem of violent crime and
controlled substance offenses committed by youth gangs; and
(4) to encourage and promote, consistent with the ideals of
federalism, adoption of policies by the States to ensure that
the victims of crimes of violence committed by juveniles
receive the same level of justice as do victims of violent
crimes that are committed by adults.
SEC. 1103. SEVERABILITY.
If any provision of this title, an amendment made by this title,
or the application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this
title, the amendments made by this title, and the application of
the provisions of such to any person or circumstance shall not be
affected thereby.
SUBTITLE A--JUVENILE JUSTICE REFORM
SEC. 1111. REPEAL OF GENERAL PROVISION.
(a) IN GENERAL- Chapter 401 of title 18, United States Code, is
amended--
(1) by striking section 5001; and
(2) by redesignating section 5003 as section 5001.
(b) TECHNICAL AMENDMENTS- The chapter analysis for chapter 401 of
title 18, United States Code, is amended--
(1) by striking the item relating to section 5001; and
(2) by redesignating the item relating to section 5003 as 5001.
SEC. 1112. TREATMENT OF FEDERAL JUVENILE OFFENDERS.
(a) IN GENERAL- Section 5032 of title 18, United States Code, is
amended to read as follows:
`Sec. 5032. Delinquency proceedings in district courts; juveniles
tried as adults; transfer for other criminal prosecution
`(a) IN GENERAL- A juvenile who is not less than 14 years of age
and who is alleged to have committed an act that, if committed by
an adult, would be a criminal offense, shall be tried in the
appropriate district court of the United States--
`(1) as an adult at the discretion of the United States
Attorney in the appropriate jurisdiction, upon a finding by
that United States Attorney, which finding shall not be subject
to review in or by any court, trial or appellate, that there is
a substantial Federal interest in the case or the offense to
warrant the exercise of Federal jurisdiction, if the juvenile
is charged with a Federal offense that--
`(A) is a crime of violence (as that term is defined in
section 16); or
`(B) involves a controlled substance (as that term is
defined in section 102 of the Controlled Substances Act (21
U.S.C. 802)) for which the penalty is a term of
imprisonment of not less than 5 years; and
`(2) in all other cases, as a juvenile.
`(b) REFERRAL BY UNITED STATES ATTORNEY-
`(1) IN GENERAL- If the United States Attorney in the
appropriate jurisdiction declines prosecution of a charged
offense under subsection (a)(2), the United States Attorney may
refer the matter to the appropriate legal authorities of the
State or Indian tribe.
`(2) DEFINITIONS- In this section--
`(A) the term `State' includes a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States; and
`(B) the term `Indian tribe' has the same meaning as in
section 4(e) of the Indian Self-Determination and Education
Assistance Act.
`(c) APPLICABLE PROCEDURES- Any action prosecuted in a district
court of the United States under this section--
`(1) shall proceed in the same manner as is required by this
title and by the Federal Rules of Criminal Procedure in
proceedings against an adult in the case of a juvenile who is
being tried as an adult in accordance with subsection (a); and
`(2) in all other cases, shall proceed in accordance with
this chapter, unless the juvenile has requested in writing,
upon advice of counsel, to be proceeded against as an adult.
`(d) CAPITAL CASES- Subject to section 3591, if a juvenile is
tried and sentenced as an adult, the juvenile shall be subject to
being sentenced to death on the same terms and in accordance with
the same procedures as an adult.
`(e) APPLICATION OF LAWS- In any case in which a juvenile is
prosecuted in a district court of the United States as an adult,
the juvenile shall be subject to the same laws, rules, and
proceedings regarding sentencing that would be applicable in the
case of an adult. No juvenile sentenced to a term of imprisonment
shall be released from custody simply because the juvenile reaches
the age of 18 years.
`(f) OPEN PROCEEDINGS-
`(1) IN GENERAL- Any offense tried in a district court of the
United States pursuant to this section shall be open to the
general public, in accordance with rules 10, 26, 31(a), and 53
of the Federal Rules of Criminal Procedure, unless good cause
is established by the moving party or is otherwise found by the
court, for closure.
`(2) STATUS ALONE INSUFFICIENT- The status of the defendant
as a juvenile, absent other factors, shall not constitute good
cause for purposes of this subsection.
`(g) AVAILABILITY OF RECORDS-
`(1) IN GENERAL- In making a determination concerning the
prosecution of a juvenile in a district court of the United
States under this section, subject to the requirements of
section 5038, the United States Attorney of the appropriate
jurisdiction shall have complete access to the prior Federal
juvenile records of the subject juvenile, and to the extent
permitted by State law, the prior State juvenile records of the
subject juvenile.
`(2) CONSIDERATION OF ENTIRE RECORD- In any case in which a
juvenile is found guilty in an action pursuant to this section,
the district court responsible for imposing sentence shall have
complete access to the prior juvenile records of the subject
juvenile, and, to the extent permitted under State law, the
prior State juvenile records of the subject juvenile. At
sentencing, the district court shall consider the entire
available prior juvenile record of the subject juvenile.
`(3) RELEASE OF RECORDS- The United States Attorney may
release such Federal records, and, to the extent permitted by
State law, such State records, to law enforcement authorities
of any jurisdiction and to officials of any school, school
district, or postsecondary school at which the individual who
is the subject of the juvenile record is enrolled or seeks,
intends, or is instructed to enroll, if such school officials
are held liable to the same standards and penalties to which
law enforcement and juvenile justice system employees are held
liable under Federal and State law, for the handling and
disclosure of such information.'.
(b) TECHNICAL AMENDMENT- The chapter analysis for chapter 403 of
title 18, United States Code, is amended by striking the item
relating to section 5032 and inserting the following:
`5032. Delinquency proceedings in district courts; juveniles tried
as adults; transfer for other criminal prosecution.'.
SEC. 1113. CAPITAL CASES.
Section 3591 of title 18, United States Code, is amended by
striking `18 years' each place that term appears and inserting `16
years'.
SEC. 1114. DEFINITIONS.
Section 5031 of title 18, United States Code, is amended to read
as follows:
`Sec. 5031. Definitions
`In this chapter--
`(1) the term `juvenile' means a person who is less than 18
years of age; and
`(2) the term `juvenile delinquency' means the violation of a
law of the United States committed by a juvenile that would be
a crime if committed by an adult.'.
SEC. 1115. NOTIFICATION AFTER ARREST.
Section 5033 of title 18, United States Code, is amended in the
first sentence by striking `Attorney General' and inserting `United
States Attorney of the appropriate jurisdiction'.
SEC. 1116. DETENTION PRIOR TO DISPOSITION.
Section 5035 of title 18, United States Code, is amended--
(1) by striking `A juvenile' and inserting the following:
`(a) IN GENERAL- A juvenile'; and
(2) by adding at the end the following:
`(b) DETENTION OF CERTAIN JUVENILES- Notwithstanding subsection
(a), a juvenile who is to be tried as an adult pursuant to section
5032 shall be subject to detention in accordance with chapter 203
in the same manner and to the same extent as an adult would be
subject to that chapter.'.
SEC. 1117. SPEEDY TRIAL.
Section 5036 of title 18, United States Code, is amended--
(1) by striking `thirty' and inserting `70'; and
(2) by striking `the court,' and all that follows through the
end of the section and inserting `the court. The periods of
exclusion under section 3161(h) shall apply to this section.'.
SEC. 1118. DISPOSITIONAL HEARINGS.
Section 5037 of title 18, United States Code, is amended--
(1) in subsection (a), by striking `(a)' and all that follows
through `After the' and inserting the following:
`(a) IN GENERAL-
`(1) DISPOSITIONAL HEARING- In any case in which a juvenile
is found to be a juvenile delinquent in district court pursuant
to section 5032, but is not
tried as an adult under that section, not later than 20 days after
the hearing in which a finding of juvenile delinquency is made, the
court shall hold a disposition hearing concerning the appropriate
disposition unless the court has ordered further study pursuant to
subsection (d).
`(2) ACTIONS OF COURT AFTER HEARING- After the';
(2) in subsection (b), by striking `extend--' and all that
follows through `The provisions' and inserting the following:
`extend, in the case of a juvenile, beyond the maximum term
that would be authorized by section 3561(b), if the juvenile
had been tried and convicted as an adult. The provisions';
(3) in subsection (c), by striking `extend--' and all that
follows through `Section 3624' and inserting the following:
`extend beyond the maximum term of imprisonment that would be
authorized if the juvenile had been tried and convicted as an
adult. No juvenile sentenced to a term of imprisonment shall be
released from custody simply because the juvenile reaches the
age of 18 years. Section 3624';
(4) by redesignating subsection (d) as subsection (e); and
(5) by inserting after subsection (c) the following:
`(d) APPLICABILITY OF RESTITUTION PROVISIONS- If a juvenile has
been tried and convicted as an adult, or adjudicated delinquent for
any offense in which the juvenile is otherwise tried pursuant to
section 5032, the restitution provisions contained in this title
(including sections 3663, 3663A, 2248, 2259, 2264, and 2327) and
title 21 shall apply to that juvenile in the same manner and to the
same extent as those provisions apply to adults.'.
SEC. 1119. USE OF JUVENILE RECORDS.
Section 5038 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (5), by striking `and' at the end;
(B) in paragraph (6), by striking the period at the end
and inserting `; and';
(C) by inserting after paragraph (6) the following:
`(7) inquiries from any school or other educational
institution for the purpose of ensuring the public safety and
security at such institution.'; and
(D) by striking `Unless' and inserting the following:
`(c) PROHIBITION ON RELEASE OF CERTAIN INFORMATION- Unless';
(2) by redesignating subsections (b) and (c) as subsections
(d) and (e), respectively;
(3) by inserting immediately after subsection (a) the
following:
`(b) ACCESS BY UNITED STATES ATTORNEY- Notwithstanding subsection
(a), in determining the appropriate disposition of a juvenile
matter under section 5032, the United States Attorney of the
appropriate jurisdiction shall have complete access to the official
records of the juvenile proceedings conducted under this title.';
(4) by inserting after subsection (e), as redesignated, the
following:
`(f) RECORDS OF JUVENILES TRIED AS ADULTS- In any case in which a
juvenile is tried as an adult, access to the record of the offenses
of the juvenile shall be made available in the same manner as is
applicable to adult defendants.';
(5) by striking `(d) Whenever' and all that follows through
`adult defendants.' and inserting the following:
`(g) FINGERPRINTS AND PHOTOGRAPHS- Fingerprints and photographs
of a juvenile--
`(1) who is prosecuted as an adult, shall be made available
in the same manner as is applicable to an adult defendant; and
`(2) who is not prosecuted as an adult, shall be made
available only as provided in subsection (a).';
(6) by striking `(e) Unless,' and inserting the following:
`(h) NO PUBLICATION OF NAME OR PICTURE- Unless';
(7) by striking `(f) Whenever' and inserting the following:
`(i) INFORMATION TO FEDERAL BUREAU OF INVESTIGATION- Whenever'; and
(8) in subsection (i), as redesignated--
(A) by striking `of committing an act' and all that
follows through `5032 of this title' and inserting `by a
district court of the United States pursuant to section
5032 of committing an act'; and
(B) by inserting `involved a juvenile tried as an adult
or' before `were juvenile adjudications'.
SEC. 1120. INCARCERATION OF VIOLENT OFFENDERS.
Section 5039 of title 18, United States Code, is amended--
(1) by designating the first 3 undesignated paragraphs as
subsections (a) through (c), respectively; and
(2) by adding at the end the following:
`(d) SEGREGATION OF JUVENILES CONVICTED OF VIOLENT OFFENSES-
`(1) DEFINITION- In this subsection, the term `crime of
violence' has the same meaning as in section 16 of title 18,
United States Code.
`(2) SEGREGATION- The Director of the Bureau of Prisons shall
ensure that juveniles who are alleged to be or determined to be
delinquent are not confined in any institution in which the
juvenile has regular sustained physical contact with adult
persons who are detained or confined.'.
SEC. 1121. FEDERAL SENTENCING GUIDELINES.
Section 994(h) of title 28, United States Code, is amended by
inserting `, or in which the defendant is a juvenile who is tried
as an adult,' after `old or older'.
SUBTITLE B--JUVENILE GANGS
SEC. 1141. SHORT TITLE.
This subtitle may be cited as the `Federal Gang Violence Act'.
SEC. 1142. INCREASE IN OFFENSE LEVEL FOR PARTICIPATION IN CRIME AS
A GANG MEMBER.
(a) DEFINITION- In this section, the term `criminal street gang'
has the same meaning as in section 521(a) of title 18, United
States Code, as amended by section 1243 of this subtitle.
(b) AMENDMENT OF SENTENCING GUIDELINES- Pursuant to its authority
under section 994(p) of title 28, United States Code, the United
States Sentencing Commission shall amend the Federal sentencing
guidelines to provide an appropriate enhancement, increasing the
offense level by not less than 6 levels, for any offense, if the
offense was both committed in connection with, or in furtherance
of, the activities of a criminal street gang and the defendant was
a member of the criminal street gang at the time of the offense.
(c) CONSTRUCTION WITH OTHER GUIDELINES- The amendment made
pursuant to subsection (b) shall provide that the increase in the
offense level shall be in addition to any other adjustment under
chapter 3 of the Federal sentencing guidelines.
SEC. 1143. AMENDMENT OF TITLE 18 WITH RESPECT TO CRIMINAL STREET
GANGS.
(a) IN GENERAL- Section 521 of title 18, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking `(a) DEFINITIONS- ' and inserting the
following:
`(a) DEFINITIONS- In this section:', and
(B) by striking `conviction' and all that follows through
the end of the subsection and inserting the following:
`(1) CRIMINAL STREET GANG- The term `criminal street gang'
means an ongoing group, club, organization, or association of 3
or more persons, whether formal or informal--
`(A) a primary activity of which is the commission of 1
or more predicate gang crimes;
`(B) any members of which engage, or have engaged during
the 5-year period preceding the date in question, in a
pattern of criminal gang activity; and
`(C) the activities of which affect interstate or foreign
commerce.
`(2) PATTERN OF CRIMINAL GANG ACTIVITY- The term `pattern of
criminal gang activity' means the commission of 2 or more
predicate gang crimes committed in connection with, or in
furtherance of, the activities of a criminal street gang--
`(A) at least 1 of which was committed after the date of
enactment of the Federal Gang Violence Act;
`(B) the first of which was committed not more than 5
years before the commission of another predicate gang
crime; and
`(C) that were committed on separate occasions.
`(3) PREDICATE GANG CRIME- The term `predicate gang crime'
means an offense, including an act of juvenile delinquency
that, if committed by an adult, would be an offense that is--
`(A) a Federal offense--
`(i) that is a crime of violence (as that term is
defined in section 16) including carjacking,
drive-by-shooting, shooting at an unoccupied dwelling
or motor vehicle, assault with a deadly weapon, and
homicide;
`(ii) that involves a controlled substance (as that
term is defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802)) for which the penalty
is imprisonment for not less than 5 years;
`(iii) that is a violation of section 844, section
875 or 876 (relating to extortion and threats), section
1084 (relating to gambling), section 1955 (relating to
gambling), chapter 44 (relating to firearms), or
chapter 73 (relating to obstruction of justice);
`(iv) that is a violation of section 1956 (relating
to money laundering), insofar as the violation of such
section is related to a Federal or State offense
involving a controlled substance (as that term is
defined in section 102 of the Controlled Substances Act
(21 U.S.C. 802)); or
`(v) that is a violation of section 274(a)(1)(A),
277, or 278 of the Immigration and Nationality Act (8
U.S.C. 1324(a)(1)(A), 1327, or 1328) (relating to alien
smuggling);
`(B) a State offense involving conduct that would
constitute an offense under subparagraph (A) if Federal
jurisdiction existed or had been exercised; or
`(C) a conspiracy, attempt, or solicitation to commit an
offense described in subparagraph (A) or (B).
`(4) STATE- The term `State' includes a State of the United
States, the District of Columbia, Puerto Rico, Guam, the Virgin
Islands, and any other territory of possession of the United
States.'; and
(2) by striking subsections (b), (c), and (d) and inserting
the following:
`(b) CRIMINAL PENALTIES- Any person who engages in a pattern of
criminal gang activity--
`(1) shall be sentenced to--
`(A) a term of imprisonment of not less than 10 years and
not more than life, fined in accordance with this title, or
both; and
`(B) the forfeiture prescribed in section 413 of the
Controlled Substances Act (21 U.S.C. 853); and
`(2) if any person engages in such activity after 1 or more
prior convictions under this section have become final, shall
be sentenced to--
`(A) a term of imprisonment of not less than 20 years and
not more than life, fined in accordance with this title, or
both; and
`(B) the forfeiture prescribed in section 412 of the
Controlled Substances Act (21 U.S.C. 853).'.
(b) CONFORMING AMENDMENT- Section 3663(c)(4) of title 18, United
States Code, is amended by inserting before `chapter 46' the
following: `section 521 of this title,'.
SEC. 1144. INTERSTATE AND FOREIGN TRAVEL OR TRANSPORTATION IN AID
OF CRIMINAL STREET GANGS.
(a) TRAVEL ACT AMENDMENTS-
(1) PROHIBITED CONDUCT AND PENALTIES- Section 1952(a) of
title 18, United States Code, is amended to read as follows:
`(a) PROHIBITED CONDUCT AND PENALTIES-
`(1) IN GENERAL- Any person who--
`(A) travels in interstate or foreign commerce or uses
the mail or any facility in interstate or foreign commerce,
with intent to--
`(i) distribute the proceeds of any unlawful
activity; or
`(ii) otherwise promote, manage, establish, carry on,
or facilitate the promotion, management, establishment,
or carrying on, of any unlawful activity; and
`(B) after travel or use of the mail or any facility in
interstate or foreign commerce described in subparagraph
(A), performs, attempts to perform, or conspires to perform
an act described in clause (i) or (ii) of subparagraph (A),
shall be fined under this title, imprisoned not more than 10
years, or both.
`(2) CRIMES OF VIOLENCE- Any person who--
`(A) travels in interstate or foreign commerce or uses
the mail or any facility in interstate or foreign commerce,
with intent to commit any crime of violence to further any
unlawful activity; and
`(B) after travel or use of the mail or any facility in
interstate or foreign commerce described in subparagraph
(A), commits, attempts to commit, or conspires to commit
any crime of violence to further any unlawful activity,
shall be fined under this title, imprisoned for not more than
20 years, or both, and if death results shall be sentenced to
death or be imprisoned for any term of years or for life.'.
(2) DEFINITIONS- Section 1952(b) of title 18, United States
Code, is amended to read as follows:
`(b) DEFINITIONS- In this section:
`(1) CONTROLLED SUBSTANCE- The term `controlled substance'
has the same meaning as in section 102(6) of the Controlled
Substances Act (21 U.S.C. 802(6)).
`(2) STATE- The term `State' includes a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
`(3) UNLAWFUL ACTIVITY- The term `unlawful activity' means--
`(A) predicate gang crime (as that term is defined in
section 521);
`(B) any business enterprise involving gambling, liquor
on which the Federal excise tax has not been paid,
narcotics or controlled substances, or prostitution
offenses in violation of the laws of the State in which the
offense is committed or of the United States;
`(C) extortion, bribery, arson, robbery, burglary,
assault with a deadly weapon, retaliation against or
intimidation of witnesses, victims, jurors, or informants,
assault resulting in bodily injury, possession of or
trafficking in stolen property, illegally trafficking in
firearms, kidnapping, alien smuggling, or shooting at an
occupied dwelling or motor vehicle, in each case, in
violation of the laws of the State in which the offense is
committed or of the United States; or
`(D) any act that is indictable under section 1956 or
1957 of this title or under subchapter II of chapter 53 of
title 31.'.
(b) AMENDMENT OF SENTENCING GUIDELINES-
(1) IN GENERAL- Pursuant to its authority under section
994(p) of title 28, United States Code, the United States
Sentencing Commission shall amend chapter 2 of the Federal
sentencing guidelines so that--
(A) the base offense level for traveling in interstate or
foreign commerce in aid of a criminal street gang or other
unlawful activity is increased to 12; and
(B) the base offense level for the commission of a crime
of violence in aid of a criminal street gang or other
unlawful activity is increased to 24.
(2) DEFINITIONS- In this subsection--
(A) the term `crime of violence' has the same meaning as
in section 16 of title 18, United States Code;
(B) the term `criminal street gang' has the same meaning
as in 521(a) of title 18, United States Code, as amended by
section 1243 of this subtitle; and
(C) the term `unlawful activity' has the same meaning as
in section 1952(b) of title 18, United States Code, as
amended by this section.
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