102ND CONGRESS; 1ST SESSION IN THE SENATE OF THE UNITED STATES AS INTRODUCED IN THE SENATE S. 618 1991 S. 618 SYNOPSIS: A BILL To control and reduce violent crime. DATE OF INTRODUCTION: MARCH 12, 1991 DATE OF VERSION: MARCH 15, 1991 -- VERSION: 1 SPONSOR(S): Mr. BIDEN (for himself and Mr. DECONCINI) introduced the following bill; which was read twice and referred to the Committee on the Judiciary TEXT: A BILL To control and reduce violent crime. * Be it enacted by the Senate and House of Representatives of the United* *States of America in Congress assembled, * SECTION 1. SHORT TITLE. This Act may be cited as the "Violent Crime Control Act of 1991". SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I-SAFER STREETS AND NEIGHBORHOODS Sec. 101. Short title. Sec. 102. Grants to State and local agencies. TITLE II-DEATH PENALTY Sec. 201. Short title. Sec. 202. Constitutional procedures for the imposition of the sentence of death. Sec. 203. Specific offenses for which death penalty is authorized. Sec. 204. Applicability to uniform code of military justice. Sec. 205. Death penalty for murder by a Federal prisoner. Sec. 206. Death penalty for civil rights murders. Sec. 207. Racial Justice Act of 1991. TITLE III-DEATH PENALTY FOR MURDER OF LAW ENFORCEMENT OFFICER ACT Sec. 301. Death penalty for the murder of Federal law enforcement officials. Sec. 302. Death penalty for the murder of State officials assisting Federal law enforcement officials. TITLE IV-DEATH PENALTY FOR DRUG CRIMINALS ACT Sec. 401. Short title. Sec. 402. Death penalty for certain drug criminals. Sec. 403. Drug distribution conspiracies. Sec. 404. Drug import and export conspiracies. Sec. 405. Drug distribution to minors or by employing minors. Sec. 406. Export and import of major drug quantities. Sec. 407. Distribution of major drug quantities. TITLE V-PREVENTION AND PUNISHMENT OF TERRORIST ACTS Sec. 501. Short title. Subtitle A-Punishing Domestic and International Terrorist Acts PART I-TERRORIST DEATH PENALTY ACT OF 1991 Sec. 511. Short title. Sec. 512. Terrorist death penalty offense: terrorist acts abroad. PART II-TERRORIST ACTS COMMITTED IN THE UNITED STATES Sec. 521. Criminal offense for domestic terrorist acts. PART III-INCREASING PENALTIES FOR INTERNATIONAL TERRORIST ACTS Sec. 531. Penalties for international terrorist acts. Sec. 532. Clerical amendments. Subtitle B-Preventing Domestic and International Terrorist Acts PART I-ATTACKING THE INFRASTRUCTURE OF TERRORIST ORGANIZATIONS Sec. 541. Providing material support to terrorists. Sec. 542. Forfeiture of assets used to support terrorists. PART II-ELECTRONIC COMMUNICATIONS Sec. 545. Cooperation of telecommunications providers with law enforcement. PART III-COOPERATION OF WITNESSES IN TERRORIST INVESTIGATIONS Sec. 551. Short title. Sec. 552. Alien witness cooperation. Sec. 553. Conforming amendment. Subtitle C-Preventing Aviation Terrorism Sec. 561. Preventing acts of terrorism against civilian aviation. Subtitle D-Preventing Economic Terrorism Sec. 571. Counterfeiting U.S. currency abroad. Sec. 572. Economic Terrorism Task Force. Subtitle E-Authorizations to Expand Counter-Terrorist Operations by Federal Agencies Sec. 581. Authorization of appropriations. TITLE VI-DRIVE-BY-SHOOTING ACT Sec. 601. Short title. Sec. 602. New offense for the indiscriminate use of weapons to further drug conspiracies. TITLE VII-ASSAULT WEAPONS Sec. 701. Short title. Sec. 702. Unlawful acts. Sec. 703. Definitions. Sec. 704. Secretary to recommend designation as assault weapon. Sec. 705. Enhanced penalties. Sec. 706. Disability. Sec. 707. Study by Attorney General. Sec. 708. Sunset provision. TITLE VIII-POLICE CORPS AND LAW ENFORCEMENT TRAINING AND EDUCATION ACT Sec. 801. Short title. Sec. 802. Purposes. Sec. 803. Establishment of office of the police corps and law enforcement education. Sec. 804. Designation of lead agency and submission of State plan. Subtitle A-Police Corps Program Sec. 811. Definitions. Sec. 812. Scholarship assistance. Sec. 813. Selection of participants. Sec. 814. Police corps training. Sec. 815. Service obligation. Sec. 816. State plan requirements. Sec. 817. Authorization of appropriations. Subtitle B-Law Enforcement Scholarship Program Sec. 821. Definitions. Sec. 822. Allotment. Sec. 823. Program established. Sec. 824. Scholarships. Sec. 825. Eligibility. Sec. 826. State plan requirements. Sec. 827. Local application. Sec. 828. Scholarship agreement. Sec. 829. Authorization of appropriations. Subtitle C-Reports Sec. 831. Reports to Congress. TITLE IX-FEDERAL LAW ENFORCEMENT AGENCIES Sec. 901. Short title. Sec. 902. Authorization for Federal law enforcement agencies. TITLE X-HABEAS CORPUS REFORM ACT Sec. 1001. Short title. Sec. 1002. Special habeas corpus procedures in capital cases. Sec. 1003. Law controlling in Federal habeas corpus proceedings. TITLE XI-PUNISHMENT OF GUN CRIMINALS Sec. 1101. Short title. Sec. 1102. Death penalty for gun murders. Sec. 1103. Increased penalties for violent gun crimes. Sec. 1104. Sentencing guidelines for new penalties. Sec. 1105. Possession of an explosive during the commission of a felony. Sec. 1106. Increased penalty for knowingly false, material statement in connection with the acquisition of a firearm from a licensed dealer. Sec. 1107. Clarification of penalty enhancement. Sec. 1108. Penalties for improper transfer, stealing firearms, or smuggling a firearm in drug-related offense. Sec. 1109. Theft of firearms and explosives. Sec. 1110. Bar on sale of firearms and explosives to or possession of firearms and explosives by persons convicted of a violent or serious drug misdemeanor. Sec. 1111. Permitting consideration of pretrial detention for certain firearms and explosives offenses. Sec. 1112. Disposition of forfeited firearms. Sec. 1113. Clarification of "burglary" under the armed career criminal statute. Sec. 1114. Clarification of definition of conviction. TITLE XII-PRISON FOR VIOLENT DRUG OFFENDERS Sec. 1201. Regional prisons. TITLE XIII-BOOT CAMPS Sec. 1301. Boot camps. TITLE XIV-YOUTH VIOLENCE ACT Subtitle A-Increasing Penalties for Employing Children to Distribute Drugs Near Schools and Playgrounds Sec. 1401. Strengthening Federal penalties. Subtitle B-Antigang Grants Sec. 1411. Grant program. Sec. 1412. Conforming amendments. Sec. 1413. Treatment of violent juveniles as adults. Sec. 1414. Serious drug offenses by juveniles as Armed Career Criminal Act predicates. TITLE XV-RURAL CRIME AND DRUG CONTROL ACT Subtitle A-Fighting Drug Trafficking in Rural Areas Sec. 1501. Authorizations for rural law enforcement agencies. Sec. 1502. Rural drug enforcement task forces. Sec. 1503. Cross-designation of Federal officers. Sec. 1504. Rural drug enforcement training. Subtitle B-Increasing Penalties for Certain Drug Trafficking Offenses Sec. 1511. Short title. Sec. 1512. Strengthening Federal penalties. Subtitle C-Rural Drug Prevention and Treatment Sec. 1521. Rural substance abuse treatment and education grants. Sec. 1522. Clearinghouse program. Subtitle D-Rural Land Recovery Act Sec. 1531. Director of rural land recovery. Sec. 1532. Assets forfeiture. Sec. 1533. Prosecution of clandestine laboratory operators. TITLE XVI-DRUG EMERGENCY AREAS ACT OF 1991 Sec. 1601. Short title. Sec. 1602. Drug emergency areas. TITLE XVII-DRUNK DRIVING CHILD PROTECTION ACT Sec. 1701. Short title. Sec. 1702. State laws applied in areas of Federal jurisdiction. Sec. 1703. Common carriers. TITLE XVIII-COMMISSION ON CRIME AND VIOLENCE Sec. 1801. Establishment of commission. Sec. 1802. Purpose. Sec. 1803. Responsibilities of the commission. Sec. 1804. Commission members. Sec. 1805. Administrative provisions. Sec. 1806. Report. Sec. 1807. Termination. TITLE XIX-PROTECTION OF CRIME VICTIMS Sec. 1901. Short title. Sec. 1902. Victims' rights. Sec. 1903. Services to victims. Sec. 1904. Amendment of restitution provisions. Sec. 1905. Amendment of bankruptcy code. TITLE XX-CRACK HOUSE EVICTION ACT Sec. 2001. Eviction from places maintained for manufacturing, distributing, or using controlled substances. Sec. 2002. Use of civil injunctive remedies, forfeiture sanctions, and other remedies against drug offenders. TITLE XXI-ORGANIZED CRIME AND DANGEROUS DRUGS DIVISION Subtitle A-Establishment of an Organized Crime and Dangerous Drugs Division in the Department of Justice Sec. 2101. Short title. Sec. 2102. Findings. Sec. 2103. Purposes. Sec. 2104. Establishment of organized crime and dangerous drugs division. Sec. 2105. Assistant Attorney General for organized crime and dangerous drugs. Sec. 2106. Deputy Assistant Attorney General. Sec. 2107. Administrative organization of the division. Sec. 2108. Coordination and enhancement of field activities. Subtitle B-International Prosecution Teams Sec. 2111. International prosecution teams. TITLE XXII-EXCLUSIONARY RULE Sec. 2201. Searches and seizures pursuant to an invalid warrant. TITLE XXIII-DRUG TESTING Sec. 2301. Federal prisoner drug testing. TITLE I-SAFER STREETS AND NEIGHBORHOODS SEC. 101. SHORT TITLE. This title may be cited as the "Safer Streets and Neighborhoods Act of 1991". SEC. 102. GRANTS TO STATE AND LOCAL AGENCIES. Paragraph (5) of section 1001(a0 of part J of title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended to read as follows: Crime Control and Safe Streets Act of 1968 is amended to read as follows: "(5) There are authorized to be appropriated $ 1,000,000,000 for fiscal year 1992 and such sums as may be necessary in fiscal years 1993 and 1994 to carry out the programs under parts D and E of this title.". SEC. 103. CONTINUATION OF FEDERAL STATE FUNDING FORMULA. Section 504(a)(1) of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended by section 211 of the Department of Justice Appropriations Act, 1990 (Public Law 101-162) and section 601 of the Crime Control Act of 1990 (Public Law 101-647), is amended by striking "1991" and inserting in lieu thereof "1992". TITLE II-DEATH PENALTY SEC. 201. SHORT TITLE. This title may be cited as the "Federal Death Penalty Act of 1991". SEC. 202. CONSTITUTIONAL PROCEDURES FOR THE IMPOSITION OF THE SENTENCE OF DEATH. (a) IN GENERAL.-Part II of title 18 of the United States Code is amended by adding the following new chapter after chapter 227: "CHAPTER 228-DEATH SENTENCE "Sec. "3591. Sentence of death. "3592. Mitigating and aggravating factors to be considered in determining whether a sentence of death is justified. "3593. Special hearing to determine whether a sentence of death is justified. "3594. Imposition of a sentence of death. "3595. Review of a sentence of death. "3596. Implementation of a sentence of death. "3597. Use of State facilities. "3598. Special provisions for Indian country. "3591. Sentence of death authorized "A defendant who has been found guilty of- "(1) an offense described in section 794 or section 2381 of this title; "(2) an offense described in section 1751(c) of this title, if the offense, as determined beyond a reasonable doubt at the hearing under section 3593, constitutes an attempt to kill the President of the United States and results in bodily injury to the President or comes dangerously close to causing the death of the President; or "(3) any other offense for which a sentence of death is provided, if the defendant, as determined beyond a reasonable doubt at the hearing under section 3593- "(A) intentionally killed the victim; "(B) intentionally inflicted serious bodily injury that resulted in the death of the victim; "(C) intentionally participated in an act, contemplating that the life of a person would be taken or intending that lethal force would be used in connection with a person, other than one of the participants in the offense, and the victim died as a direct result of the act; or "(D) intentionally and specifically engaged in an act, knowing that the act created a grave risk of death to a person, other than one of the participants in the offense, such that participation in the act constituted a reckless disregard for human life and the victim died as a direct result of the act, shall be sentenced to death if, after consideration of the factors set forth in section 3592 in the course of a hearing held pursuant to section 3593, it is determined that imposition of a sentence of death is justified, except that no person may be sentenced to death who was less than 18 years of age at the time of the offense. "3592. Mitigating and aggravating factors to be considered in determining whether a sentence of death is justified "(a) MITIGATING FACTORS.-In determining whether a sentence of death is to be imposed on a defendant, the finder of fact shall consider any mitigating factor, including the following: "(1) IMPAIRED CAPACITY.-The defendant's capacity to appreciate the wrongfulness of the defendant's conduct or to conform conduct to the requirements of law was significantly impaired, regardless of whether the capacity was so impaired as to constitute a defense to the charge. "(2) DURESS.-The defendant was under unusual and substantial duress, regardless of whether the duress was of such a degree as to constitute a defense to the charge. "(3) MINOR PARTICIPATION.-The defendant is punishable as a principal (as defined in section 2 of title 18 of the United States Code) in the offense, which was committed by another, but the defendant's participation was relatively minor, regardless of whether the participation was so minor as to constitute a defense to the charge. "(4) FORSEEABILITY.-The defendant could not reasonably have foreseen that the defendant's conduct in the course of the commission of murder, or other offense resulting in death for which the defendant was convicted, would cause, or would create a grave risk of causing, death to any person. "(5) YOUTH.-The defendant was youthful, although not under the age of 18. "(6) NO PRIOR CRIMINAL RECORD.-The defendant did not have a significant prior criminal record. "(7) DISTURBANCE.-The defendant committed the offense under severe mental or emotional disturbance. "(8) OTHER DEFENDANTS.-Another defendant or defendants, equally culpable in the crime, will not be punished by death. "(9) VICTIM'S CONSENT.-The victim consented to the criminal conduct that resulted in the victim's death. "(10) OTHER FACTORS.-Other factors in the defendant's background or character that mitigate against imposition of the death sentence. "(b) AGGRAVATING FACTORS FOR ESPIONAGE AND TREASON.-In determining whether a sentence of death is justified for an offense described in section 3591(1), the jury, or if there is no jury, the court, shall consider each of the following aggravating factors and determine which, if any, exist: "(1) PRIOR ESPIONAGE OR TREASON OFFENSE.-The defendant has previously been convicted of another offense involving espionage or treason for which either a sentence of life imprisonment or death was authorized by law. "(2) GRAVE RISK TO NATIONAL SECURITY.-In the commission of the offense the defendant knowingly created a grave risk of substantial danger to the national security. "(3) GRAVE RISK OF DEATH.-In the commission of the offense the defendant knowingly created a grave risk of death to another person. The jury, or if there is no jury, the court, may consider whether any other aggravating factor exists. "(c) AGGRAVATING FACTORS FOR HOMICIDE AND FOR ATTEMPTED MURDER OF THE PRESIDENT.-In determining whether a sentence of death is justified for an offense described in section 3591 (2) or (3), the jury, or if there is no jury, the court, shall consider each of the following aggravating factors and determine which, if any, exist: "(1) DEATH DURING COMMISSION OF ANOTHER CRIME.-The death, or injury resulting in death, occurred during the commission or attempted commission of, or during the immediate flight from the commission of, an offense under section 751 (prisoners in custody of institution or officer), section 794 (gathering or delivering defense information to aid foreign government), section 844(d) (transportation of explosives in interstate commerce for certain purposes), section 844(f) (destruction of Government property in interstate commerce by explosives), section 1118 (prisoners serving life term), section 1201 (kidnaping), or section 2381 (treason) of this title, or section 902 (i) or (n) of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1472 (i) or (n)) (aircraft piracy). "(2) PREVIOUS CONVICTION OF OFFENSE FOR WHICH A SENTENCE OF DEATH OR LIFE IMPRISONMENT WAS AUTHORIZED.-The defendant has previously been convicted of another Federal or State offense resulting in the death of a person, for which a sentence of life imprisonment or a sentence of death was authorized by statute. "(3) PREVIOUS CONVICTION OF OTHER SERIOUS OFFENSES.-The defendant has previously been convicted of two or more Federal or State offenses, punishable by a term of imprisonment of more than one year, committed on different occasions, involving the infliction of, or attempted infliction of, serious bodily injury or death upon another person. "(4) GRAVE RISK OF DEATH TO ADDITIONAL PERSONS.-The defendant, in the commission of the offense, or in escaping apprehension for the violation of the offense, knowingly created a grave risk of death to one or more persons in addition to the victim of the offense. "(5) HEINOUS, CRUEL, OR DEPRAVED.-The defendant committed the offense in an especially heinous, cruel, or depraved manner in that it involved torture or serious physical abuse to the victim. "(6) PROCUREMENT OF OFFENSE BY PAYMENT.-The defendant procured the commission of the offense by payment, or promise of payment, of anything of pecuniary value. "(7) PECUNIARY GAIN.-The defendant committed the offense as consideration for the receipt, or in the expectation of the receipt, of anything of pecuniary value. "(8) SUBSTANTIAL PLANNING AND PREMEDITATION.-The defendant committed the offense after substantial planning and premeditation to cause the death of a person or commit an act of terrorism. "(9) CONVICTION FOR TWO FELONY DRUG OFFENSES.-The defendant has previously been convicted of two or more State or Federal offenses punishable by a term of imprisonment of more than one year, committed on different occasions, involving the distribution of a controlled substance. "(10) VULNERABILITY OF VICTIM.-The victim was particularly vulnerable due to old age, youth, or infirmity. "(11) CONVICTION FOR SERIOUS FEDERAL DRUG OFFENSES.-The defendant had previously been convicted of violating title II or title III of the Controlled Substances Act for which a sentence of 5 or more years may be imposed or had previously been convicted of engaging in a continuing criminal enterprise. "(12) CONTINUING CRIMINAL ENTERPRISE INVOLVING DRUG SALES TO MINORS.-The defendant committed the offense in the course of engaging in a continuing criminal enterprise in violation of section 408(c) of the Controlled Substances Act and that violation involved the distribution of drugs to persons under the age of 21 in violation of section 405 of such Act. "(13) HIGH PUBLIC OFFICIALS.-The defendant committed the offense against- "(A) the President of the United States, the President-elect, the Vice President, the Vice-President-elect, the Vice-President-designate, or, if there is no Vice President, the officer next in order of succession to the office of the President of the United States, or any person who is acting as President under the Constitution and laws of the United States; "(B) a chief of state, head of government, or the political equivalent, of a foreign nation; "(C) a foreign official listed in section 1116(b)(3)(A) of this title, if he is in the United States on official business; or "(D) a Federal public servant who is a judge, a law enforcement officer, or an employee of a United States penal or correctional institution- "(i) while he is engaged in the performance of his official duties; "(ii) because of the performance of his official duties; or "(iii) because of his status as a public servant. For purposes of this subparagraph, a 'law enforcement officer' is a public servant authorized by law or by a Government agency or Congress to conduct or engage in the prevention, investigation, or prosecution or adjudication of an offense, and includes those engaged in corrections, parole, or probation functions. The jury, or if there is no jury, the court, may consider whether any other aggravating factor exists. "3593. Special hearing to determine whether a sentence of death is justified "(a) NOTICE BY THE GOVERNMENT.-If, in a case involving an offense described in section 3591, the attorney for the government believes that the circumstances of the offense are such that a sentence of death is justified under this chapter, he shall, a reasonable time before the trial, or before acceptance by the court of a plea of guilty, or at such time thereafter as the court may permit upon a showing of good cause, sign and file with the court, and serve on the defendant, a notice- "(1) stating that the government believes that the circumstances of the offense are such that, if the defendant is convicted, a sentence of death is justified under this chapter and that the government will seek the sentence of death; and "(2) setting forth the aggravating factor or factors that the government, if the defendant is convicted, proposes to prove as justifying a sentence of death. The court may permit the attorney for the government to amend the notice upon a showing of good cause. "(b) HEARING BEFORE A COURT OR JURY.-If the attorney for the government has filed a notice as required under subsection (a) and the defendant is found guilty of or pleads guilty to an offense described in section 3591, the judge who presided at the trial or before whom the guilty plea was entered, or another judge if that judge is unavailable, shall conduct a separate sentencing hearing to determine the punishment to be imposed. The hearing shall be conducted- "(1) before the jury that determined the defendant's guilt; "(2) before a jury impaneled for the purpose of the hearing if- "(A) the defendant was convicted upon a plea of guilty; "(B) the defendant was convicted after a trial before the court sitting without a jury; "(C) the jury that determined the defendant's guilt was discharged for good cause; or "(D) after initial imposition of a sentence under this section, reconsideration of the sentence under this section is necessary; or "(3) before the court alone, upon the motion of the defendant and with the approval of the attorney for the government. A jury impaneled pursuant to paragraph (2) shall consist of twelve members, unless, at any time before the conclusion of the hearing, the parties stipulate, with the approval of the court, that it shall consist of a lesser number. "(c) PROOF OF MITIGATING AND AGGRAVATING FACTORS.-Notwithstanding rule 32(c) of the Federal Rules of Criminal Procedure, when a defendant is found guilty or pleads guilty to an offense under section 3591, no presentence report shall be prepared. At the sentencing hearing, information may be presented as to any matter relevant to the sentence, including any mitigating or aggravating factor permitted or required to be considered under section 3592. Information presented may include the trial transcript and exhibits if the hearing is held before a jury or judge not present during the trial. Any other information relevant to a mitigating or aggravating factor may be presented by either the attorney for the government or the defendant, subject to the Federal Rules of Evidence and Federal Rules of Criminal Procedure. The government and the defendant shall be permitted to rebut any information received at the hearing, and shall be given fair opportunity to present argument as to the adequacy of the information to establish the existence of any aggravating or mitigating factor, and as to the appropriateness in the case of imposing a sentence of death. The government shall open the argument. The defendant shall be permitted to reply. The government shall then be permitted to reply in rebuttal. The burden of establishing the existence of any aggravating factor is on the government, and is not satisfied unless the existence of such a factor is established beyond a reasonable doubt. The burden of establishing the existence of any mitigating factor is on the defendant, and is not satisfied unless the existence of such a factor is established by a preponderance of the information. "(d) RETURN OF SPECIAL FINDINGS.-The jury, or if there is no jury, the court, shall consider all the information received during the hearing. It shall return special findings identifying any aggravating factor or factors set forth in section 3592 found to exist and any other aggravating factor for which notice has been provided under subsection (a) found to exist. A finding with respect to a mitigating factor may be made by one or more members of the jury, and any member of the jury who finds the existence of a mitigating factor may consider such factor established for purposes of this section regardless of the number of jurors who concur with the factor has been established. A finding with respect to any aggravating factor must be unanimous. If no aggravating factor set forth in section 3592 is found to exist, the court shall impose a sentence other than death authorized by law. "(e) RETURN OF A FINDING CONCERNING A SENTENCE OF DEATH.-If, in the case of- "(1) an offense described in section 3591(1), an aggravating factor required to be considered under section 3592(b) is found to exist; or "(2) an offense described in section 3591 (2) or (3), an aggravating factor required to be considered under section 3592(c) is found to exist; the jury, or if there is no jury, the court, shall then consider whether all the aggravating factor or factors found to exist sufficiently outweigh all the mitigating factor or factors found to exist to justify a sentence of death, or, in the absence of a mitigating factor, whether the aggravating factor or factors alone are sufficient to justify a sentence of death. Based upon this consideration, the jury by unanimous vote, or if there is no jury, the court, shall recommend whether a sentence of death shall be imposed rather than some other lesser sentence. The jury or the court, if there is no jury, regardless of its findings with respect to aggravating and mitigating factors, is never required to impose a death sentence, and the jury shall be so instructed. "(f) SPECIAL PRECAUTION TO ASSURE AGAINST DISCRIMINATION.-In a hearing held before a jury, the court, prior to the return of a finding under subsection (e), shall instruct the jury that, in considering whether a sentence of death is justified, it shall not consider the race, color, religious beliefs, national origin, or sex of the defendant or of any victim and that the jury is not to recommend a sentence of death unless it has concluded that it would recommend a sentence of death for the crime in question no matter what the race, color, religious beliefs, national origin, or sex of the defendant or of any victim may be. The jury, upon return of a finding under subsection (e), shall also return to the court a certificate, signed by each juror, that consideration of the race, color, religious beliefs, national origin, or sex of the defendant or any victim was not involved in reaching his or her individual decision and that the individual juror would have made the same recommendation regarding a sentence for the crime in question no matter what the race, color, religious beliefs, national origin, or sex of the defendant or any victim may be. "3594. Imposition of a sentence of death "Upon a finding under section 3593(e) that a sentence of death is justified, the court shall sentence the defendant to death. Otherwise, the court shall impose any sentence other than death that is authorized by law. Notwithstanding any other provision of law, if the maximum term of imprisonment for the offense is life imprisonment, the court may impose a sentence of life imprisonment without parole. "3595. Review of a sentence of death "(a) APPEAL.-In a case in which a sentence of death is imposed, the sentence shall be subject to review by the court of appeals upon appeal by the defendant. Notice of appeal must be filed within the time specified for the filing of a notice of appeal. An appeal under this section may be consolidated with an appeal of the judgment of conviction and shall have priority over all other cases. "(b) REVIEW.-The court of appeals shall review the entire record in the case, including- "(1) the evidence submitted during the trial; "(2) the information submitted during the sentencing hearing; "(3) the procedures employed in the sentencing hearing; and "(4) the special findings returned under section 3593(d). "(c) DECISION AND DISPOSITION.- "(1) The court of appeals shall address all substantive and procedural issues raised on the appeal of a sentence of death, and shall consider whether the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor and whether the evidence supports the special finding of the existence of an aggravating factor required to be considered under section 3592. "(2) Whenever the court of appeals finds that- "(A) the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor; "(B) the admissible evidence adduced does not support the special finding of the existence of the required aggravating factor; or "(C) other legal error requires reversal of the sentence of death, the court shall remand the case for reconsideration under section 3593 or impose a sentence other than death. In any other case, the court of appeals shall remand the case for reconsideration under section 3593. "(3) The court of appeals shall state in writing the reasons for its disposition of an appeal of a sentence of death under this section. "3596. Implementation of a sentence of death "(a) IN GENERAL.-A person who has been sentenced to death pursuant to the provisions of this chapter shall be committed to the custody of the Attorney General until exhaustion of the procedures for appeal of the judgment of conviction and for review of the sentence. When the sentence is to be implemented, the Attorney General shall release the person sentenced to death to the custody of a United States marshal, who shall supervise implementation of the sentence in the manner prescribed by the law of the State in which the sentence is imposed. If the law of such State does not provide for implementation of a sentence of death, the court shall designate another State, the law of which does provide for the implementation of a sentence of death, and the sentence shall be implemented in the latter State in the manner prescribed by such law. "(b) PREGNANT WOMAN.-A sentence of death shall not be carried out upon a woman while she is pregnant. "(c) MENTAL CAPACITY.-A sentence of death shall not be carried out upon a person who is mentally retarded. A sentence of death shall not be carried out upon a person who, as a result of mental disability- "(1) cannot understand the nature of the pending proceedings, what such person was tried for, the reason for the punishment, or the nature of the punishment; or "(2) lacks the capacity to recognize or understand facts which would make the punishment unjust or unlawful, or lacks the ability to convey such information to counsel or to the court. "3597. Use of State facilities "(a) IN GENERAL.-A United States marshal charged with supervising the implementation of a sentence of death may use appropriate State or local facilities for the purpose, may use the services of an appropriate State or local official or of a person such an official employs for the purpose, and shall pay the costs thereof in an amount approved by the Attorney General. "(b) EXCUSE OF AN EMPLOYEE ON MORAL OR RELIGIOUS GROUNDS.-No employee of any State department of corrections or the Federal Bureau of Prisons and no employee providing services to that department or bureau under contract shall be required, as a condition of that employment, or contractual obligation to be in attendance at or to participate in any execution carried out under this section if such participation is contrary to the moral or religious convictions of the employee. For purposes of this subsection, the term 'participation in executions' includes personal preparation of the condemned individual and the apparatus used for execution and supervision of the activities of other personnel in carrying out such activities. " 3598. Special provisions for Indian country "Notwithstanding sections 1152 and 1153 of this title, no person subject to the criminal jurisdiction of an Indian tribal government shall be subject to a capital sentence under this chapter for any offense the Federal jurisdiction for which is predicated solely on Indian country as defined in section 1151 of this title, and which has occurred within the boundaries of such Indian country, unless the governing body of the tribe has elected that this chapter have effect over land and persons subject to its criminal jurisdiction.". (b) AMENDMENTS TO CHAPTER ANALYSIS.-The chapter analysis of part II of title 18, United States Code, is amended by adding the following new item after the item relating to chapter 227: "228. Death sentence 3591". SEC. 203. SPECIFIC OFFENSES FOR WHICH DEATH PENALTY IS AUTHORIZED. (a) CONFORMING CHANGES IN TITLE 18.-Title 18, United States Code, is amended as provided in the following sections: (1) AIRCRAFTS AND MOTOR VEHICLES.-Section 34 of title 18, United States Code, is amended by striking the comma after "imprisonment for life" and inserting a period and striking the remainder of the section. (2) ESPIONAGE.-Section 794(a) of title 18, United States Code, is amended by striking the period at the end of the section and inserting ", except that the sentence of death shall not be imposed unless the jury or, if there is no jury, the court, further finds that the offense directly concerned nuclear weaponry, military spacecraft or satellites, early warning systems, or other means of defense or retaliation against large-scale attack; war plans; communications intelligence or cryptographic information; or any other major weapons system or major element of defense strategy.". (3) EXPLOSIVE MATERIALS.-(A) Section 844(d) of title 18, United States Code, is amended by striking "as provided in section 34 of this title". (B) Section 844(f) of title 18, United States Code, is amended by striking "as provided in section 34 of this title". (C) Section 844(i) of title 18, United States Code, is amended by striking the words "as provided in section 34 of this title". (6) MURDER.-(A) The second undesignated paragraph of section 1111(b) of title 18, United States Code, is amended to read as follows: "Whoever is guilty of murder in the first degree shall be punished by death or by imprisonment for life;". (B) Section 1116(a) of title 18, United States Code, is amended by striking "any such person who is found guilty of murder in the first degree shall be sentenced to imprisonment for life, and". (7) KIDNAPPING.-Section 1201(a) of title 18, United States Code, is amended by inserting after "or for life" the following: "and, if the death of any person results, shall be punished by death or life imprisonment". (8) NONMAILABLE INJURIOUS ARTICLES.-The last paragraph of section 1716 of title 18, United States Code, is amended by striking the comma after "imprisonment for life" and inserting a period and striking the remainder of the paragraph. (9) PRESIDENTIAL ASSASSINATIONS.-Subsection (c) of section 1751 of title 18, United States Code, is amended to read as follows: "(c) Whoever attempts to kill or kidnap any individual designated in subsection (a) of this section shall be punished (1) by imprisonment for any term of years or for life, or (2) by death or imprisonment for any term of years or for life, if the conduct constitutes an attempt to kill the President of the United States and results in bodily injury to the President or otherwise comes dangerously close to causing the death of the President.". (10) WRECKING TRAINS.-The second to the last undesignated paragraph of section 1992 of title 18, United States Code, is amended by striking the comma after "imprisonment for life" and inserting a period and striking the remainder of the section. (11) BANK ROBBERY.-Section 2113(e) of title 18, United States Code, is amended by striking "or punished by death if the verdict of the jury shall so direct" and inserting "or if death results shall be punished by death or life imprisonment". (12) HOSTAGE TAKING.-Section 1203(a) of title 18, United States Code, is amended by inserting after "or for life" the following: "and, if the death of any person results, shall be punished by death or life imprisonment". (13) RACKETEERING.-(A) Section 1958 of title 18, United States Code, is amended by striking "and if death results, shall be subject to imprisonment for any term of years or for life, or shall be fined not more than $ 50,000, or both" and inserting "and if death results, shall be punished by death or life imprisonment, or shall be fined not more than $ 250,000, or both". (B) Section 1959(a)(1) of title 18, United States Code, is amended to read as follows: "(1) for murder, by death or life imprisonment, or a fine of not more than $ 250,000, or both; and for kidnapping, by imprisonment for any term of years or for life, or a fine of not more than $ 250,000, or both;". (14) GENOCIDE.-Section 1091(b)(1) of title 18, United States Code, is amended by striking "a fine of not more than $ 1,000,000 or imprisonment for life," and inserting ", where death results, a fine of not more than $ 1,000,000, or imprisonment for life or a sentence of death,". (b) CONFORMING AMENDMENT TO FEDERAL AVIATION ACT OF 1954.-Section 903 of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1473), is amended by striking subsection (c). SEC. 204. APPLICABILITY TO UNIFORM CODE OF MILITARY JUSTICE. The provisions of chapter 228 of title 18, United States Code, as added by this Act, shall not apply to prosecutions under the Uniform Code of Military Justice (10 U.S.C. 801). SEC. 205. DEATH PENALTY FOR MURDER BY A FEDERAL PRISONER. (a) IN GENERAL.-Chapter 51 of title 18, United States Code, is amended by adding at the end thereof the following: "1118. Murder by a Federal prisoner "(a) OFFENSE.-Whoever, while confined in a Federal correctional institution under a sentence for a term of life imprisonment, murders another shall be punished by death or by life imprisonment without the possibility of parole. "(b) DEFINITIONS.-For the purposes of this section- "(1) the term 'Federal correctional institution' means any Federal prison, Federal correctional facility, Federal community program center, or Federal halfway house; "(2) the term 'term of life imprisonment' means a sentence for the term of natural life, a sentence commuted to natural life, an indeterminate term of a minimum of at least fifteen years and a maximum of life, or an unexecuted sentence of death; and "(3) the term 'murders' means committing first degree or second degree murder as defined by section 1111 of this title.". (b) AMENDMENT TO CHAPTER ANALYSIS.-The chapter analysis for chapter 51 of title 18, United States Code, is amended by adding at the end thereof the following: "1118. Murder by a Federal prisoner.". SEC. 206. DEATH PENALTY FOR CIVIL RIGHTS MURDERS. (a) CONSPIRACY AGAINST RIGHTS.-Section 241 of title 18, United States Code, is amended by striking the period at the end of the last sentence and inserting ", or may be sentenced to death.". (b) DEPRIVATION OF RIGHTS UNDER COLOR OF LAW.-Section 242 of title 18, United States Code, is amended by striking the period at the end of the last sentence and inserting ", or may be sentenced to death.". (c) FEDERALLY PROTECTED ACTIVITIES.-Section 245(b) of title 18, United States Code, is amended in the matter following paragraph (5) by inserting ", or may be sentenced to death" after "or for life". (d) DAMAGE TO RELIGIOUS PROPERTY; OBSTRUCTION OF THE FREE EXERCISE OF RELIGIOUS RIGHTS.-Section 247(c)(1) of title 18, United States Code, is amended by inserting ", or may be sentenced to death" after "or both". SEC. 207. RACIAL JUSTICE ACT OF 1991. (a) SHORT TITLE.-This section may be cited as the "Racial Justice Act of 1991". (b) FINDINGS.-The Congress finds that- (1) section 5 of the fourteenth amendment of the United States Constitution calls upon Congress to enforce the Constitution's promise of equality under law; (2) equality under law is tested most profoundly by whether a legal system tolerates race playing a role in the determination of whether and when to administer the ultimate penalty of death; (3) the death penalty is being administered in a pattern that evidences a significant risk that the race of the defendant, or the race of the victim against whom the crime was committed, influences the likelihood that the defendant will be sentenced to death; (4) the Constitution's guarantee of equal justice for all is jeopardized when the death penalty is imposed in a pattern in which the likelihood of a death sentence is affected by the race of the perpetrator or of the victim; (5) the United States Supreme Court has concluded that the Federal judiciary is institutionally unable to eliminate this jeopardy to equal justice in the absence of proof that a legislature, prosecutor, judge, or jury acted with racially invidious and discriminatory motives in the case of a particular defendant; (6) the interest in ensuring equal justice under law may be harmed, not only by decisions motivated by explicit racial bias, but also by government rules, policies, and practices that operate to reinforce the subordinate status to which racial minorities were relegated in our society; (7) the institutional need of courts to identify invidiously motivated perpetrators is not shared by Congress, which is empowered by section 5 of the fourteenth amendment to take system-wide, preventive measures not only to eliminate adjudicated instances of official race discrimination but also to eradicate wide-scale patterns and practices that entail an intolerable danger that persons of different races would be treated differently; and (8) the persistent racial problems pervading the implementation of the death penalty in many parts of this Nation require the Government of the United States to counteract the lingering effects of racial prejudice in order to enforce the constitutional guarantee of equal justice for all Americans. (c) AMENDMENT TO TITLE 28.- (1) PROCEDURE.-Part VI of title 28, United States Code, is amended by adding at the end thereof the following new chapter: "CHAPTER 177-RACIALLY DISCRIMINATORY CAPITAL SENTENCING "Sec. "2921. Definitions. "2922. Prohibition on the imposition or execution of the death penalty in a racially discriminatory pattern. "2923. Data on death penalty cases. "2924. Enforcement of the chapter. "2925. Construction of chapter. "2921. Definitions "For purposes of the chapter- "(1) the term 'a racially discriminatory pattern' means a situation in which sentences of death are imposed more frequently- "(A) upon persons of one race than upon persons of another race; or "(B) as punishment for crimes against persons of one race than as punishment for crimes against persons of another race, and the greater frequency is not explained by pertinent nonracial circumstances; "(2) the term 'death-eligible crime' means a crime for which death is a punishment that is authorized by law to be imposed under any circumstances upon a conviction of that crime; "(3) the term 'case of death-eligible crime' means a case in which the complaint, indictment, information, or any other initial or subsequent charging paper charges any person with a death-eligible crime; and "(4) the term 'State or Federal entity' means any State, the District of Columbia, the United States, any territory thereof, and any subdivision or authority of any of these entities that is empowered to provide by law that death be imposed as punishment for crime. "2922. Prohibition on the imposition or execution of the death penalty in a racially discriminatory pattern "(a) PROHIBITION.-It is unlawful to impose or execute sentences of death under color of State or Federal law in a racially discriminatory pattern. No person shall be put to death in the execution of a sentence imposed pursuant to any law if that person's death sentence furthers a racially discriminatory pattern. "(b) ESTABLISHMENT OF A PATTERN.-To establish that a racially discriminatory pattern exists for purposes of this chapter- "(1) ordinary methods of statistical proof shall suffice; and "(2) it shall not be necessary to show discriminatory motive, intent, or purpose on the part of any individual or institution. "(c) PRIMA FACIE SHOWING.-(1) To establish a prima facie showing of a racially discriminatory pattern for purposes of this chapter, it shall suffice that death sentences are being imposed or executed- "(A) upon persons of one race with a frequency that is disproportionate to their representation among the numbers of persons arrested for, charged with, or convicted of, death-eligible crimes; or "(B) as punishment for crimes against persons of one race with a frequency that is disproportionate to their representation among persons against whom death-eligible crimes have been committed. "(2) To rebut a prima facie showing of a racially discriminatory pattern, a State or Federal entity must establish by clear and convincing evidence that identifiable and pertinent nonracial factors persuasively explain the observable racial disparities comprising the pattern. "2923. Data on death penalty cases "(a) DESIGNATION OF AGENCY.-Any State or Federal entity that provides by law for death to be imposed as a punishment for any crime shall designate a central agency to collect and maintain pertinent data on the charging, disposition, and sentencing patterns for all cases of death-eligible crimes. "(b) RESPONSIBILITIES OF CENTRAL AGENCY.-Each central agency designated pursuant to subsection (a) shall- "(1) affirmatively monitor compliance with this chapter by local officials and agencies; "(2) devise and distribute to every local official or agency responsible for the investigation or prosecution of death-eligible crimes a standard form to collect pertinent data; "(3) maintain all standard forms, compile and index all information contained in the forms, and make both the forms and the compiled information publicly available; "(4) maintain a centralized, alphabetically indexed file of all police and investigative reports transmitted to it by local officials or agencies in every case of death-eligible crime; and "(5) allow access to its file of police and investigative reports to the counsel of record for any person charged with any death-eligible crime or sentenced to death who has made or intends to make a claim under section 2922 and it may also allow access to this file to other persons. "(c) RESPONSIBILITY OF LOCAL OFFICIAL.-(1) Each local official responsible for the investigation or prosecution of death-eligible crimes shall- "(A) complete the standard form developed pursuant to subsection (b)(2) on every case of death-eligible crime; and "(B) transmit the standard form to the central agency no later than 3 months after the disposition of each such case whether that disposition is by dismissal of charges, reduction of charges, acceptance of a plea of guilty to the death-eligible crime or to another crime, acquittal, conviction, or any decision not to proceed with prosecution. "(2) In addition to the standard form, the local official or agency shall transmit to the central agency one copy of all police and investigative reports made in connection with each case of death-eligible crime. "(d) PERTINENT DATA.-The pertinent data required in the standard form shall be designated by the central agency but shall include, at a minimum, the following information: "(1) pertinent demographic information on all persons charged with the crime and all victims (including race, sex, age, and national origin); "(2) information on the principal features of the crime; "(3) information on the aggravating and mitigating factors of the crime, including the background and character of every person charged with the crime; and "(4) a narrative summary of the crime. "2924. Enforcement of the chapter "(a) ACTION UNDER SECTIONS 2241, 2254, OR 2255 OF THIS TITLE.-In any action brought in a court of the United States within the jurisdiction conferred by sections 2241, 2254, or 2255, in which any person raises a claim under section 2922- "(1) the court shall appoint counsel for any such person who is financially unable to retain counsel; and "(2) the court shall furnish investigative, expert or other services necessary for the adequate development of the claim to any such person who is financially unable to obtain such services. "(b) DETERMINATION BY A STATE COURT.-Notwithstanding section 2254, no determination on the merits of a factual issue made by a State court pertinent to any claim under section 2922 shall be presumed to be correct unless- "(1) the State is in compliance with section 2923; "(2) the determination was made in a proceeding in a State court in which the person asserting the claim was afforded rights to the appointment of counsel and to the furnishing of investigative, expert and other services necessary for the adequate development of the claim which were substantially equivalent to those provided by subsection (a); and "(3) the determination is one which is otherwise entitled to be presumed to be correct under the criteria specified in section 2254. "2925. Construction of chapter "Nothing contained in this chapter shall be construed to affect in one way or the other the lawfulness of any sentence of death that does not violate section 2922.". (2) AMENDMENT TO TABLE OF CHAPTERS.-The table of chapters of part VI of title 28, United States Code, is amended by adding at the end thereof the following new item: "177. Racially discriminatory capital sentencing 2921.". (d) ACTIONS PRIOR TO THE DATE OF ENACTMENT.-No person shall be barred >from raising any claim under section 2922 of title 28, United States Code, as added by this section, on the ground of having failed to raise or to prosecute the same or a similar claim prior to enactment of the section nor by reason of any adjudication rendered prior to its enactment. TITLE III-DEATH PENALTY FOR MURDER OF LAW ENFORCEMENT OFFICER ACT SEC. 301. DEATH PENALTY FOR THE MURDER OF FEDERAL LAW ENFORCEMENT OFFICIALS. Section 1114(a) of title 18, United States Code, is amended by striking "punished as provided under sections 1111 and 1112 of this title," and inserting "punished, in the case of first degree murder, by a sentence of death or life imprisonment as provided under section 1111 of this title, or, in the case of manslaughter, as provided under section 1112 of this title,". SEC. 302. DEATH PENALTY FOR THE MURDER OF STATE OFFICIALS ASSISTING FEDERAL LAW ENFORCEMENT OFFICIALS. (a) IN GENERAL.-Chapter 51 of title 18, United States Code, is amended by adding at the end the following: " 1119. Killing persons aiding Federal investigations "Whoever intentionally kills- "(1) a State or local official, law enforcement officer, or other officer or employee while working with Federal law enforcement officials in furtherance of a Federal criminal investigation- "(A) while the victim is engaged in the performance of official duties; "(B) because of the performance of the victim's official duties; or "(C) because of the victim's status as a public servant; or "(2) any civilian or witness assisting a Federal criminal investigation, while that assistance is being rendered and because of it; shall be subject to the death penalty under chapter 228 of this title.". (b) CLERICAL AMENDMENT.-The table of sections at the beginning of chapter 51 of title 18, United States Code, is amended by adding at the end the following: "1119. Killing persons aiding Federal investigations.". TITLE IV-DEATH PENALTY FOR DRUG CRIMINALS ACT SEC. 401. SHORT TITLE. This title may be cited as the "Death Penalty for Drug Criminals Act of 1991". SEC. 402. DEATH PENALTY FOR CERTAIN DRUG CRIMINALS. The Controlled Substances Act (21 U.S.C. sec. 401 et seq.) is amended by adding after section 408 the following: "SEC. 409. DEATH PENALTY AUTHORIZED FOR CERTAIN DRUG CRIMINALS." SEC. 403. DRUG DISTRIBUTION CONSPIRACIES. Section 409 of the Controlled Substances Act (21 U.S.C.) is amended by adding subsection (a) as follows: "(a) DRUG DISTRIBUTION CONSPIRACIES.-Whoever, during the course of a conspiracy prohibited by section 406 of the Controlled Substances Act, (21 U.S.C. 846), commits a murder in the first degree, shall be punished according to the terms of section 1111 of title 18, including by sentence of death or by imprisonment for life.". SEC. 404. DRUG IMPORT AND EXPORT CONSPIRACIES. Section 409 of the Controlled Substances Act (21 U.S.C.) is amended by adding subsection (b) as follows: "(b) DRUG IMPORT AND EXPORT CONSPIRACIES.-Whoever, during the course of a conspiracy prohibited by section 1013 of the Controlled Substances Import and Export Act, (21 U.S.C. 963), commits a murder in the first degree, shall be punished according to the terms of section 1111 of title 18, including by sentence of death or by imprisonment for life.". SEC. 405. DRUG DISTRIBUTION TO MINORS, NEAR SCHOOLS, OR BY EMPLOYING MINORS. Section 409 of the Controlled Substances Act (21 U.S.C.) is amended by adding subsection (c) as follows: "(c) DRUG DISTRIBUTION TO MINORS, NEAR SCHOOLS, OR WHILE EMPLOYING PERSONS UNDER 18 YEARS OF AGE.-Whoever, during the course of an offense punishable under section 405 of the Controlled Substances Act (21 U.S.C. 845), section 405A of the Controlled Substances Act (21 U.S.C. 845A), or section 405B of the Controlled Substances Act (21 U.S.C. 845B), commits a murder in the first degree, shall be punished according to the terms of section 1111 of title 18, including by sentence of death or imprisonment for life.". SEC. 406. EXPORT AND IMPORT OF MAJOR DRUG QUANTITIES. Section 409 of the Controlled Substances Act (21 U.S.C.) is amended by adding subsection (d) as follows: "(d) DRUG IMPORT AND EXPORT.-Whoever, during an offense prohibited by section 1010(b)(1) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)(1)), commits a murder in the first degree, shall be punished according to the terms of section 1111 of title 18, including by sentence of death or by imprisonment for life.". SEC. 407. DISTRIBUTION OF MAJOR DRUG QUANTITIES. Section 409 of the Controlled Substances Act (21 U.S.C.) is amended by adding subsection (e) as follows: "(e) DRUG DISTRIBUTION.-Whoever, during the course of an offense punishable under section 401(b)(1)(A) of the Controlled Substances Act (21 U.S.C. 841(b)(1)(A)), commits a murder in the first degree, shall be punished according to the terms of section 1111 of title 18, including by sentence of death or by imprisonment for life.". TITLE V-PREVENTION AND PUNISHMENT OF TERRORIST ACTS SEC. 501. SHORT TITLE. This Act may be cited as the "Comprehensive Counter-Terrorism Act of 1991". Subtitle A-Punishing Domestic and International Terrorist Acts PART I-TERRORIST DEATH PENALTY ACT OF 1991 SEC. 511. SHORT TITLE. This part may be cited as the "Terrorist Death Penalty Act of 1991". SEC. 512. TERRORIST DEATH PENALTY OFFENSE: TERRORIST ACTS ABROAD. Paragraph (1) of subsection 2331(a) of title 18, United States Code, is amended to read as follows: "(1) if the killing- "(A) is a first degree murder as defined in section 1111(a) of this title, be punished by death or imprisonment for any term of years or for life, fined under this title, or both; or "(B) is a murder other than a first degree murder as defined in section 1111(a) of this title, be fined under this title, imprisoned for any term of years or for life, or both;". PART II-TERRORIST ACTS COMMITTED IN THE UNITED STATES SEC. 521. CRIMINAL OFFENSE FOR DOMESTIC TERRORIST ACTS. Part I of title 18, United States Code, is amended by inserting after chapter 113A the following new chapter 113B: "CHAPTER 113B-TERRORIST ACTS COMMITTED IN THE UNITED STATES "Sec. 2336. Terrorist acts committed in the United States. "Sec. 2337. Providing material support to terrorists. " 2336. Terrorist acts committed in the United States "(a) HOMICIDE.-Whoever, acting as an agent of a foreign power, kills another person, with the intent specified in subsection (d) of this section, shall "(1) if the killing- "(A) is a first degree murder as defined in section 1111(a) of this title, be fined under this title, punished by death or imprisonment for any term of years or life, or both; or "(B) is a murder other than a first degree murder as defined in subsection 1111(a) of this title, be fined under this title, imprisoned for any term of years or for life, or both; "(2) if the killing is a voluntary manslaughter as defined in section 1112(a) of this title, be fined under this title or imprisoned for not more than twenty years, or both; and "(3) if the killing is an involuntary manslaughter as defined in section 1112(a) of this title, be fined under this title or imprisoned not more than ten years, or both. "(b) ATTEMPT OR CONSPIRACY WITH RESPECT TO HOMICIDE.-Whoever, acting as an agent of a foreign power, with the intent specified in subsection (d) of this section, attempts to kill, or engages in a conspiracy to kill- "(1) in the case of an attempt to commit a killing that is a murder as defined in section 1111(a) of this title, shall be fined under this title, imprisoned for any term of years or life, or both; and "(2) in the case of a conspiracy by two or more persons to commit a killing that is a murder as defined in section 1111(a) of this title, if one or more of such persons do any overt act to effect the object of the conspiracy, shall be fined under this title or imprisoned for any term of years or for life, or both. "(c) OTHER VIOLENT TERRORIST ACTS.-Whoever, acting as an agent of a foreign power, with the intent specified in subsection (d) of this section, engages in physical violence that results in serious bodily injury shall be fined under this title or imprisoned for not more than ten years, or both. "(d) INTENT TO COMMIT TERRORIST ACTS.-For the purposes of this section, a person possesses an intent to commit a terrorist act, if such person intends- "(1) to intimidate or coerce a civilian population; "(2) to influence the policy of a government by intimidation or coercion; or "(3) to affect the conduct of a government by assassination, kidnapping, or other violent act. "(e) DEFINITION.-For purposes of this section and section 2337 of this title, the term 'agent of a foreign power' shall have the same meaning as in section 101(b) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(b)).". PART III-INCREASING PENALTIES FOR INTERNATIONAL TERRORIST ACTS SEC. 531. PENALTIES FOR INTERNATIONAL TERRORIST ACTS. Section 2331 of title 18, United States Code, as amended by subtitle A of this title, is further amended- (1) in subsection (a)- (A) in paragraph (2) by striking "ten" and inserting "twenty"; and (B) in paragraph (3) by striking "three" and inserting "ten". (2) in subsection (c) by striking "five" and inserting "ten". SEC. 532. CLERICAL AMENDMENTS. The table of chapters at the beginning of part I of title 18, United States Code, is amended by inserting after the item relating to chapter 113A the following new item: "113B. Terrorist acts committed in the United States 2336". Subtitle B-Preventing Domestic and International Terrorist Acts PART I-ATTACKING THE INFRASTRUCTURE OF TERRORIST ORGANIZATIONS SEC. 541. PROVIDING MATERIAL SUPPORT TO TERRORISTS. Part I of title 18, United States Code, as amended by title I of this Act, is further amended by adding a new section 2337 as follows: " 2337. Providing material support to terrorists "Whoever knowingly, acting as an agent of a foreign power, with the intent to further a violation of section 1203, 2331, or 2336 of this title- "(1) provides material support or resources; or "(2) conceals or disguises the nature, location, source or ownership of material support or resources, that are used or intended to be used to violate section 1203, 2331, or 2336 of this title shall be fined under this title or imprisoned for not more than ten years, or both. For the purposes of this section, material support or resources shall include, but not be limited to, currency or other financial securities, communications equipment, facilities, weapons, personnel and other physical assets.". SEC. 542. FORFEITURE OF ASSETS USED TO SUPPORT TERRORISTS. Chapter 46 of title 18, United States Code, is amended- (1) in section 981(a)(1) by inserting at the end thereof the following: "(D) Any property, real or personal, which is used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, a violation of section 1203, 2331, 2332, 2336, or 2337 of this title."; and (2) in section 982(a) by inserting at the end thereof the following: "(3) Any property, real or personal, which is used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, a violation of section 1203, 2331, 2336, or 2337 of this title.". PART II-ELECTRONIC COMMUNICATIONS SEC. 545. COOPERATION OF TELECOMMUNICATIONS PROVIDERS WITH LAW ENFORCEMENT. It is the sense of Congress that providers of electronic communications services and manufacturers of electronic communications service equipment shall ensure that communications systems permit the government to obtain the plain text contents of voice, data, and other communications when appropriately authorized by law. PART III-COOPERATION OF WITNESSES IN TERRORIST INVESTIGATIONS SEC. 551. SHORT TITLE. This part may be cited as the "Alien Witness Cooperation Act of 1991". SEC. 552. ALIEN WITNESS COOPERATION. Chapter 224 of title 18, United States Code, is amended by- (1) redesignating section 3528 as 3529; (2) adding at the end of section 3529, as redesignated, the following new paragraph: "As used in section 3528, the terms 'alien' and 'United States' shall have the same meanings given to them in the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)."; and (3) inserting after section 3527 the following new section 3528: " 3528. Aliens; waiver of admission requirements "(a) IN GENERAL.-Upon authorizing protection to any alien under this chapter, the United States shall provide such alien with appropriate immigration visas and allow such alien to remain in the United States so long as that alien abides by all laws of the United States and guidelines, rules and regulations for protection. The Attorney General may determine that the granting of permanent resident status to such alien is in the public interest and necessary for the safety and protection of such alien without regard to the alien's admissibility under immigration or any other laws and regulations or the failure to comply with such laws and regulations pertaining to admissibility. "(b) ALIEN WITH FELONY CONVICTIONS.-Notwithstanding any other provisions of this chapter, an alien who would not be excluded because of felony convictions shall be considered for permanent residence on a conditional basis for a period of two years. Upon a showing that the alien is still being provided protection, or such protection remains available to the alien in accordance with provisions of this chapter, or such alien is still cooperating with the government, and has maintained good moral character, the Attorney General shall remove the conditional basis of the status effective as of the second anniversary of the alien's obtaining the status of admission for permanent residence. Permanent resident status shall not be granted to an alien who would be excluded because of felony convictions, unless the Attorney General determines, pursuant to regulations which shall be prescribed by him, that granting permanent residence status to such alien is necessary in the interests of justice, and comports with safety of the community. "(c) LIMIT ON NUMBER OF ALIENS.-The number of aliens and members of their immediate families entering the United States under the authority of this section shall in no case exceed one hundred persons in any one fiscal year. The decision to grant or deny permanent resident status under this section is at the discretion of the Attorney General and shall not be subject to judicial review.". SEC. 553. CONFORMING AMENDMENT. The analysis for chapter 224 of title 18, United States Code, is amended by- (1) redesignating the item for section 3528 as section 3529; and (2) adding after the item for section 3527 the following: "3528. Aliens; waiver of admission requirements.". Subtitle C-Preventing Aviation Terrorism SEC. 561. PREVENTING ACTS OF TERRORISM AGAINST CIVILIAN AVIATION. (a) IN GENERAL.-Chapter 2 of title 18, United States Code, is amended by adding at the end thereof the following new section: " 36. Violations of Federal aviation security regulations "Whoever willfully violates a security regulation under part 107 or 108 of title 14, Code of Federal Regulations (relating to airport and airline security) shall be fined under this title or imprisoned for not more than one year, or both.". (b) TABLE OF SECTIONS.-The table of sections for chapter 2 of title 18, United States Code, is amended by adding at the end thereof the following: "36. Violation of Federal aviation security regulations. Subtitle D-Preventing Economic Terrorism SEC. 571. COUNTERFEITING U.S. CURRENCY ABROAD. (a) IN GENERAL.-Chapter 25 of title 18, United States Code, is amended by adding before section 471 the following new section: " 470. Counterfeit acts committed outside the United States "Whoever, outside the United States, engages in the act of- "(1) making, dealing, or possessing any counterfeit obligation or other security of the United States; or "(2) making, dealing, or possessing any plate, stone, or other thing, or any part thereof, used to counterfeit such obligation or security, if such act would constitute a violation of section 471, 473, or 474 of this title if committed within the United States, shall be fined under this title, imprisoned for not more than 15 years, or both.". (b) TABLE OF SECTIONS.-The table of sections for chapter 25 of title 18, United States Code, is amended by adding before section 471 the following: "471. Counterfeit acts committed outside the United States.". (c) TABLE OF CHAPTERS.-The table of chapters at the beginning of part I of title 18, United States Code, is amended by striking the item for chapter 25 and inserting the following: "25. Counterfeiting and forgery 470". SEC. 572. ECONOMIC TERRORISM TASK FORCE. (a) ESTABLISHMENT AND PURPOSE.-There is established an Economic Terrorism Task Force to- (1) assess the threat of terrorist actions directed against the United States economy, including actions directed against the United States government and actions against United States business interests; (2) assess the adequacy of existing policies and procedures designed to prevent terrorist actions directed against the United States economy; and (3) recommend administrative and legislative actions to prevent terrorist actions directed against the United States economy. (b) MEMBERSHIP.-The Economic Terrorism Task Force shall be chaired by the Secretary of State, or his designee, and consist of the following members: (1) the Director of Central Intelligence; (2) the Director of the Federal Bureau of Investigation; (3) the Director of the United States Secret Service; (4) the Administrator of the Federal Aviation Administration; (5) the Chairman of the Board of Governors of the Federal Reserve; (6) the Under Secretary of the Treasury for Finance; and (7) such other members of the Departments of Defense, Justice, State, Treasury, or any other agency of the United States government, as the Secretary of State may designate. (c) ADMINISTRATIVE PROVISIONS.-The provisions of the Federal Advisory Committee Act shall not apply with respect to the Economic Terrorism Task Force. (d) REPORT.-Not later than 180 days after the date of enactment of this Act, the chairman of the Economic Terrorism Task Force shall submit a report to the President and the Congress detailing the findings and recommendations of the task force. If the report of the task force is classified, an unclassified version shall be prepared for public distribution. Subtitle E-Authorizations To Expand Counter-Terrorist Operations by Federal Agencies SEC. 581. AUTHORIZATIONS OF APPROPRIATIONS. There is authorized to be appropriated in each of the fiscal years 1992, 1993 and 1994, in addition to any other amounts specified in appropriations Acts, for counter-terrorist operations and programs: (1) for the Federal Bureau of Investigation, $ 25,000,000; (2) for the Department of State, $ 10,000,000; (3) for the United States Customs Service, $ 7,500,000; (4) for the United States Secret Service, $ 2,500,000; (5) for the Bureau of Alcohol, Tobacco, and Firearms, $ 2,500,000; (6) for the Federal Aviation Administration, $ 2,500,000; and (7) for grants to state and local law enforcement agencies, to be administered by the Office of Justice Programs in the Department of Justice, in consultation with the Federal Bureau of Investigation, $ 25,000,000. TITLE VI-DRIVE-BY-SHOOTING ACT SEC. 601. SHORT TITLE. This title may be cited as the "Drive-By-Shooting Prevention Act of 1991". SEC. 602. NEW OFFENSE FOR THE INDISCRIMINATE USE OF WEAPONS TO FURTHER DRUG CONSPIRACIES. (a) IN GENERAL.-Chapter 2 of title 18, United States Code, is amended by adding at the end thereof the following new section: " 36. Drive-by-shooting "(a) OFFENSE AND PENALTIES.- "(1) Whoever, in furtherance or to escape detection of a major drug offense listed in subsection (b) and, with the intent to intimidate, harass, injure, or maim, fires a weapon into a group of two or more persons causing grave risk to human life shall be punished by a term of no more than 25 years, or by fine as provided under this title, or both. "(2) Whoever, in furtherance or to escape detection of a major drug offense listed in subsection (b) and, with the intent to intimidate, harass, injure, or maim, fires a weapon into a group of two or more persons and who kills one of those persons shall be sentenced according to the terms of section 1111 of this title, including a sentence of death or life imprisonment without release. "(b) MAJOR DRUG OFFENSE DEFINED.-A major drug offense within the meaning of subsection (a) is one of the following: "(1) a continuing criminal enterprise, punishable under section 403(c) of the Controlled Substances Act (21 U.S.C. 848(c)); "(2) a conspiracy to distribute controlled substances punishable under section 406 of the Controlled Substances Act (21 U.S.C. 846) or punishable under section 1013 of the Controlled Substances Import and Export Control Act (21 U.S.C. 963); or "(3) an offense involving major quantities of drugs and punishable under section 401(b)(1)(A) of the Controlled Substances Act (21 U.S.C. 841(b)(1)(A)) or section 1010(b)(1) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)(1)).". (b) TABLE OF SECTIONS.-The table of sections for chapter 2 of title 18, United States Code, is amended by adding at the end thereof the following: "36. Drive-by shooting.". TITLE VII-ASSAULT WEAPONS SEC. 701. SHORT TITLE. This title may be cited as the "Antidrug, Assault Weapons Limitation Act of 1991". SEC. 702. UNLAWFUL ACTS. Section 922 of title 18, United States Code, is amended by adding at the end thereof the following: "(q)(1) Except as provided in paragraph (2), it shall be unlawful for any person to transfer, import, transport, ship, receive, or possess any assault weapon. "(2) This subsection does not apply with respect to- "(A) transferring, importing, transporting, shipping, and receiving to or by, or possession by or under, authority of the United States or any department or agency thereof, or of any State or any department, agency, or political subdivision thereof, of such an assault weapon, or "(B) any lawful transferring, transporting, shipping, receiving, or possession of such a weapon that was lawfully possessed before the effective date of this subsection. "(r)(1) It shall be unlawful for any person to sell, ship, or deliver an assault weapon to any person who does not fill out a form 4473 (pursuant to 27 CFR 178.124), or equivalent, in the purchase of such assault weapon. "(2) It shall be unlawful for any person to purchase, possess, or accept delivery of an assault weapon unless such person has filled out such a form 4473, or equivalent, in the purchase of such assault weapon. "(3) If a person purchases an assault weapon from anyone other than a licensed dealer, both the purchaser and the seller shall maintain a record of the sale on the seller's original copy of such form 4473, or equivalent. "(4) Any current owner of an assault weapon that requires retention of form 4473, or equivalent, pursuant to the provisions of this subsection who, prior to the effective date of this subsection purchased such a weapon, shall, within 90 days after the issuing of regulations by the Secretary pursuant to paragraph (5), request a copy of such form from any licensed dealer, as defined in this title, in accordance with such regulations. "(5) The Secretary shall, within 90 days after the date of enactment of this subsection, prescribe regulations for the request and delivery of such form 4473, or equivalent.". SEC. 703. DEFINITIONS. Section 921(a) of title 18, United States Code, is amended by adding at the end thereof the following: "(25) The term 'assault weapon' means any firearm designated as an assault weapon in this paragraph, including: "(A) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models), "(B) Action Arms Israeli Military Industries UZI and Galil, "(C) Beretta AR-70 (SC-70), "(D) Colt AR-15 and CAR-15, "(E) Fabrique Nationale FN/FAL, FN/LAR, and FNC, "(F) MAC 10 and MAC 11, "(G) Steyr AUG, "(H) INTRATEC TEC-9, and "(I) Street Sweeper and Striker 12.". SEC. 704. SECRETARY TO RECOMMEND DESIGNATION AS ASSAULT WEAPON. Chapter 44 of title 18, United States Code, is amended- (1) by adding at the end thereof the following new section: "931. Additional assault weapons "The Secretary, in consultation with the Attorney General, may, when appropriate, recommend to the Congress the addition or deletion of firearms to be designated as assault weapons."; and (2) in the table of sections by adding at the end thereof the following new item: "931. Additional assault weapons.". SEC. 705. ENHANCED PENALTIES. Section 924(c) of title 18, United States Code, is amended by inserting "and if the firearm is an assault weapon, to imprisonment for 10 years," after "sentenced to imprisonment for five years,". SEC. 706. DISABILITY. Section 922(g)(1) of title 18, United States Code, is amended by inserting before the semicolon at the end thereof the following: "or a violation of section 924(i) of this chapter". SEC. 707. STUDY BY ATTORNEY GENERAL. (a) IN GENERAL.-The Attorney General is authorized and directed to investigate and study the effect of the provisions of this title and the amendments made by this title and any impact therefrom on violent and drug trafficking crime. Such study shall be done over a period of 18 months, commencing 12 months after the date of enactment of this title. (b) REPORT.-No later than 30 months after the date of enactment of this title, the Attorney General shall prepare and submit to the Senate of the United States, a report setting forth in detail the findings and determinations made pursuant to subsection (a). SEC. 708. SUNSET PROVISION. Unless otherwise provided, this title and the amendments made by this title shall become effective 30 days after the date of enactment of this title. This title, except for section 407, shall be effective for a period of 3 years. At the end of such 3-year period this title and the amendments made by this title, except for section 407, shall be repealed. TITLE VIII-POLICE CORPS AND LAW ENFORCEMENT TRAINING AND EDUCATION ACT SEC. 801. SHORT TITLE. This title may be cited as the "Police Corps and Law Enforcement Training and Education Act". SEC. 802. PURPOSES. The purposes of this title are to- (1) address violent crime by increasing the number of police with advanced education and training on community patrol; (2) provide educational assistance to law enforcement personnel and to students who possess a sincere interest in public service in the form of law enforcement; and (3) assist State and local law enforcement efforts to enhance the educational status of law enforcement personnel both through increasing the educational level of existing officers and by recruiting more highly educated officers. SEC. 803. ESTABLISHMENT OF OFFICE OF THE POLICE CORPS AND LAW ENFORCEMENT EDUCATION. (a) ESTABLISHMENT.-There is established in the Department of Justice, under the general authority of the Attorney General, an Office of the Police Corps and Law Enforcement Education. (b) APPOINTMENT OF DIRECTOR.-The Office of the Police Corps and Law Enforcement Education shall be headed by a Director (referred to in this title as the "Director") who shall be appointed by the President, by and with the advice and consent of the Senate. (c) RESPONSIBILITIES OF DIRECTOR.-The Director shall be responsible for the administration of the Police Corps program established in subtitle A and the Law Enforcement Scholarship program established in subtitle B and shall have authority to promulgate regulations to implement this title. SEC. 804. DESIGNATION OF LEAD AGENCY AND SUBMISSION OF STATE PLAN. (a) LEAD AGENCY.-A State that desires to participate in the Police Corps program under subtitle A or the Law Enforcement Scholarship program under subtitle B shall designate a lead agency that will be responsible for- (1) submitting to the Director a State plan described in subsection (b); and (2) administering the program in the State. (b) STATE PLANS.-A State plan shall- (1) contain assurances that the lead agency shall work in cooperation with the local law enforcement liaisons, representatives of police labor organizations and police management organizations, and other appropriate State and local agencies to develop and implement interagency agreements designed to carry out the program; (2) contain assurances that the State shall advertise the assistance available under this title; (3) contain assurances that the State shall screen and select law enforcement personnel for participation in the program; (4) if the State desires to participate in the Police Corps program under subtitle A, meet the requirements of section 816; and (5) if the State desires to participate in the Law Enforcement Scholarship program under subtitle B, meet the requirements of section 826. Subtitle A-Police Corps Program SEC. 811. DEFINITIONS. For the purposes of this subtitle- (1) the term "academic year" means a traditional academic year beginning in August or September and ending in the following May or June; (2) the term "dependent child" means a natural or adopted child or stepchild of a law enforcement officer who at the time of the officer's death- (A) was no more than 21 years old; or (B) if older than 21 years, was in fact dependent on the child's parents for at least one-half of the child's support (excluding educational expenses), as determined by the Director; (3) the term "educational expenses" means expenses that are directly attributable to- (A) a course of education leading to the award of the baccalaureate degree; or (B) a course of graduate study following award of a baccalaureate degree, including the cost of tuition, fees, books, supplies, transportation, room and board and miscellaneous expenses; (4) the term "participant" means a participant in the Police Corps program selected pursuant to section 813; (5) the term "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands; and (6) the term "State Police Corps program" means a State police corps program approved under section 816. SEC. 812. SCHOLARSHIP ASSISTANCE. (a) SCHOLARSHIPS AUTHORIZED.-(1) The Director is authorized to award scholarships to participants who agree to work in a State or local police force in accordance with agreements entered into pursuant to subsection (d). (2)(A) Except as provided in subparagraph (B) each scholarship payment made under this section for each academic year shall not exceed- (i) $ 10,000; or (ii) the cost of the educational expenses related to attending an institution of higher education. (B) In the case of a participant who is pursuing a course of educational study during substantially an entire calendar year, the amount of scholarship payments made during such year shall not exceed $ 13,333. (C) The total amount of scholarship assistance received by any one student under this section shall not exceed $ 40,000. (4) Recipients of scholarship assistance under this section shall continue to receive such scholarship payments only during such periods as the Director finds that the recipient is maintaining satisfactory progress as determined by the institution of higher education the recipient is attending. (5)(A) The Director shall make scholarship payments under this section directly to the institution of higher education that the student is attending. (B) Each institution of higher education receiving a payment on behalf of a participant pursuant to subparagraph (A) shall remit to such student any funds in excess of the costs of tuition, fees, and room and board payable to the institution (b) REIMBURSEMENT AUTHORIZED.-(1) The Director is authorized to make payments to a participant to reimburse such participant for the costs of educational expenses if such student agrees to work in a State or local police force in accordance with the agreement entered into pursuant to subsection (d). (2)(A) Each payment made pursuant to paragraph (1) for each academic year of study shall not exceed- (i) $ 10,000; or (ii) the cost of educational expenses related to attending an institution of higher education. (B) In the case of a participant who is pursuing a course of educational study during substantially an entire calendar year, the amount of scholarship payments made during such year shall not exceed $ 13,333. (C) The total amount of payments made pursuant to subparagraph (A) to any one student shall not exceed $ 40,000. (c) USE OF SCHOLARSHIP.-Scholarships awarded under this subsection shall only be used to attend a 4-year institution of higher education. (d) AGREEMENT.-(1) Each participant receiving a scholarship or a payment under this section shall enter into an agreement with the Director. Each such agreement shall contain assurances that the participant shall- (A) after successful completion of a baccalaureate program and training as prescribed in section 814, work for 4 years in a State or local police force without there having arisen sufficient cause for the participant's dismissal under the rules applicable to members of the police force of which the participant is a member; (B) complete satisfactorily- (i) an educational course of study and receipt of a baccalaureate degree (in the case of undergraduate study) or the reward of credit to the participant for having completed one or more graduate courses (in the case of graduate study); (ii) Police Corps training and certification by the Director that the participant has met such performance standards as may be established pursuant to section 814; and (C) repay all of the scholarship or payment received plus interest at the rate of 10 percent in the event that the conditions of subparagraphs (A) and (B) are not complied with. (2)(A) A recipient of a scholarship or payment under this section shall not be considered in violation of the agreement entered into pursuant to paragraph (1) if the recipient- (i) dies; or (ii) becomes permanently and totally disabled as established by the sworn affidavit of a qualified physician. (B) In the event that a scholarship recipient is unable to comply with the repayment provision set forth in subparagraph (B) of paragraph (1) because of a physical or emotional disability or for good cause as determined by the Director, the Director may substitute community service in a form prescribed by the Director for the required repayment. (C) The Director shall expeditiously seek repayment from participants who violate the agreement described in paragraph (1). (e) DEPENDENT CHILD.-A dependent child of a law enforcement officer- (1) who is a member of a State or local police force or is a Federal criminal investigator or uniformed police officer, (2) who is not a participant in the Police Corps program, but (3) who serves in a State for which the Director has approved a Police Corps plan, and (4) who is killed in the course of performing police duties, shall be entitled to the scholarship assistance authorized in this section. Such dependent child shall not incur any repayment obligation in exchange for the scholarship assistance provided in this section. (f) GROSS INCOME.-For purposes of section 61 of the Internal Revenue Code of 1986, a participant's or dependent child's gross income shall not include any amount paid as scholarship assistance under this section or as a stipend under section 814. (g) APPLICATION.-Each participant desiring a scholarship or payment under this section shall submit an application as prescribed by the Director in such manner and accompanied by such information as the Director may reasonably require. (h) DEFINITION.-For the purposes of this section the term "institution of higher education" has the meaning given that term in the first sentence of section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a)). SEC. 813. SELECTION OF PARTICIPANTS. (a) IN GENERAL.-Participants in State Police Corps programs shall be selected on a competitive basis by each State under regulations prescribed by the Director. (b) SELECTION CRITERIA AND QUALIFICATIONS.-(1) In order to participate in a State Police Corps program, a participant must- (A) be a citizen of the United States or an alien lawfully admitted for permanent residence in the United States; (B) meet the requirements for admission as a trainee of the State or local police force to which the participant will be assigned pursuant to section 815(c)(5), including achievement of satisfactory scores on any applicable examination, except that failure to meet the age requirement for a trainee of the State or local police shall not disqualify the applicant if the applicant will be of sufficient age upon completing an undergraduate course of study; (C) possess the necessary mental and physical capabilities and emotional characteristics to discharge effectively the duties of a law enforcement officer; (D) be of good character and demonstrate sincere motivation and dedication to law enforcement and public service; (E) in the case of an undergraduate, agree in writing that the participant will complete an educational course of study leading to the award of a baccalaureate degree and will then accept an appointment and complete 4 years of service as an officer in the State police or in a local police department within the State; (F) in the case of a participant desiring to undertake or continue graduate study, agree in writing that the participant will accept an appointment and complete 4 years of service as an officer in the State police or in a local police department within the State before undertaking or continuing graduate study; (G) contract, with the consent of the participant's parent or guardian if the participant is a minor, to serve for 4 years as an officer in the State police or in a local police department, if an appointment is offered; and (H) except as provided in paragraph (2), be without previous law enforcement experience. (2)(A) Until the date that is 5 years after the date of enactment of this title, up to 10 percent of the applicants accepted into the Police Corps program may be persons who- (i) have had some law enforcement experience; and (ii) have demonstrated special leadership potential and dedication to law enforcement. (B)(i) The prior period of law enforcement of a participant selected pursuant to subparagraph (A) shall not be counted toward satisfaction of the participant's 4-year service obligation under section 815, and such a participant shall be subject to the same benefits and obligations under this subtitle as other participants, including those stated in section (b)(1) (E) and (F). (ii) Clause (i) shall not be construed to preclude counting a participant's previous period of law enforcement experience for purposes other than satisfaction of the requirements of section 815, such as for purposes of determining such a participant's pay and other benefits, rank, and tenure. (3) It is the intent of this Act that there shall be no more than 20,000 participants in each graduating class. The Director shall approve State plans providing in the aggregate for such enrollment of applicants as shall assure, as nearly as possible, annual graduating classes of 20,000. In a year in which applications are received in a number greater than that which will produce, in the judgment of the Director, a graduating class of more than 20,000, the Director shall, in deciding which applications to grant, give preference to those who will be participating in State plans that provide law enforcement personnel to areas of greatest need. (c) RECRUITMENT OF MINORITIES.-Each State participating in the Police Corps program shall make special efforts to seek and recruit applicants >from among members of racial and ethnic groups whose representation on the police forces within the State is substantially less than in the population of the State as a whole. This subsection does not authorize an exception from the competitive standards for admission established pursuant to subsections (a) and (b). (d) ENROLLMENT OF APPLICANT.-(1) An applicant shall be accepted into a State Police Corps program on the condition that the applicant will be matriculated in, or accepted for admission at, a 4-year institution of higher education (as described in the first sentence of section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a)))- (A) as a full-time student in an undergraduate program; or (B) for purposes of taking a graduate course. (2) If the applicant is not matriculated or accepted as set forth in paragraph (1), the applicant's acceptance in the program shall be revoked. (e) LEAVE OF ABSENCE.-(1) A participant in a State Police Corps program who requests a leave of absence from educational study, training or service for a period not to exceed 1 year (or 18 months in the aggregate in the event of multiple requests) due to temporary physical or emotional disability shall be granted such leave of absence by the State. (2) A participant who requests a leave of absence from educational study, training or service for a period not to exceed 1 year (or 18 months in the aggregate in the event of multiple requests) for any reason other than those listed in paragraph (1) may be granted such leave of absence by the State. (f) ADMISSION OF APPLICANTS.-An applicant may be admitted into a State Police Corps program either before commencement of or during the applicant's course of educational study. SEC. 814. POLICE CORPS TRAINING. (a) IN GENERAL.-(1) The Director shall establish programs of training for Police Corps participants. Such programs may be carried out at up to 3 training centers established for this purpose and administered by the Director, or by contracting with existing State training facilities. The Director shall contract with a State training facility upon request of such facility if the Director determines that such facility offers a course of training substantially equivalent to the Police Corps training program described in this subtitle. (2) The Director is authorized to enter into contracts with individuals, institutions of learning, and government agencies (including State and local police forces), to obtain the services of persons qualified to participate in and contribute to the training process. (3) The Director is authorized to enter into agreements with agencies of the Federal Government to utilize on a reimbursable basis space in Federal buildings and other resources. (4) The Director may authorize such expenditures as are necessary for the effective maintenance of the training centers, including purchases of supplies, uniforms, and educational materials, and the provision of subsistence, quarters, and medical care to participants. (b) TRAINING SESSIONS.-A participant in a State Police Corps program shall attend two 8-week training sessions at a training center, one during the summer following completion of sophomore year and one during the summer following completion of junior year. If a participant enters the program after sophomore year, the participant shall complete 16 weeks of training at times determined by the Director. (c) FURTHER TRAINING.-The 16 weeks of Police Corps training authorized in this section is intended to serve as basic law enforcement training but not to exclude further training of participants by the State and local authorities to which they will be assigned. Each State plan approved by the Director under section 816 shall include assurances that following completion of a participant's course of education each participant shall receive appropriate additional training by the State or local authority to which the participant is assigned. The time spent by a participant in such additional training, but not the time spent in Police Corps training, shall be counted toward fulfillment of the participant's 4-year service obligation. (d) COURSE OF TRAINING.-The training sessions at training centers established under this section shall be designed to provide basic law enforcement training, including vigorous physical and mental training to teach participants self-discipline and organizational loyalty and to impart knowledge and understanding of legal processes and law enforcement. (e) EVALUATION OF PARTICIPANTS.-A participant shall be evaluated during training for mental, physical, and emotional fitness, and shall be required to meet performance standards prescribed by the Director at the conclusion of each training session in order to remain in the Police Corps program. (f) STIPEND.-The Director shall pay participants in training sessions a stipend of $ 250 a week during training. SEC. 815. SERVICE OBLIGATION. (a) SWEARING IN.-Upon satisfactory completion of the participant's course of education and training program established in section 814 and meeting the requirements of the police force to which the participant is assigned, a participant shall be sworn in as a member of the police force to which the participant is assigned pursuant to the State Police Corps plan, and shall serve for 4 years as a member of that police force. (b) RIGHTS AND RESPONSIBILITIES.-A participant shall have all of the rights and responsibilities of and shall be subject to all rules and regulations applicable to other members of the police force of which the participant is a member, including those contained in applicable agreements with labor organizations and those provided by State and local law. (c) DISCIPLINE.-If the police force of which the participant is a member subjects the participant to discipline such as would preclude the participant's completing 4 years of service, and result in denial of educational assistance under section 812, the Director may, upon a showing of good cause, permit the participant to complete the service obligation in an equivalent alternative law enforcement service and, if such service is satisfactorily completed, section 812(d)(1)(C) shall not apply. SEC. 816. STATE PLAN REQUIREMENTS. A State Police Corps plan shall- (1) provide for the screening and selection of participants in accordance with the criteria set out in section 813; (2) state procedures governing the assignment of participants in the Police Corps program to State and local police forces (no more than 10 percent of all the participants assigned in each year by each State to be assigned to a statewide police force or forces); (3) provide that participants shall be assigned to those geographic areas in which- (A) there is the greatest need for additional law enforcement personnel; and (B) the participants will be used most effectively; (4) provide that to the extent consistent with paragraph (3), a participant shall be assigned to an area near the participant's home or such other place as the participant may request; (5) provide that to the extent feasible, a participant's assignment shall be made at the time the participant is accepted into the program, subject to change- (A) prior to commencement of a participant's fourth year of undergraduate study, under such circumstances as the plan may specify; and (B) from commencement of a participant's fourth year of undergraduate study until completion of 4 years of police service by participant, only for compelling reasons or to meet the needs of the State Police Corps program and only with the consent of the participant; (6) provide that no participant shall be assigned to serve with a local police force- (A) whose size has declined by more than 5 percent since June 21, 1989; or (B) which has members who have been laid off but not retired; (7) provide that participants shall be placed and to the extent feasible kept on community and preventive patrol; (8) assure that participants will receive effective training and leadership; (9) provide that the State may decline to offer a participant an appointment following completion of Federal training, or may remove a participant from the Police Corps program at any time, only for good cause (including failure to make satisfactory progress in a course of educational study) and after following reasonable review procedures stated in the plan; and (10) provide that a participant shall, while serving as a member of a police force, be compensated at the same rate of pay and benefits and enjoy the same rights under applicable agreements with labor organizations and under State and local law as other police officers of the same rank and tenure in the police force of which the participant is a member. SEC. 817. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this subtitle $ 400,000,000 for fiscal year 1992 and such sums as are necessary to carry out the subtitle for fiscal years 1993, 1994, 1995, and 1996. Subtitle B-Law Enforcement Scholarship Program SEC. 821. DEFINITIONS. As used in this subtitle- (1) the term "educational expenses" means expenses that are directly attributable to- (A) a course of education leading to the award of an associate degree; (B) a course of education leading to the award of a baccalaureate degree; or (C) a course of graduate study following award of a baccalaureate degree, including the cost of tuition, fees, books, supplies and related expenses; (2) the term "institution of higher education" has the meaning given that term in section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a)); (3) the term "law enforcement position" means employment as an officer in a State or local police force, or correctional institution; and (4) the term "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands. SEC. 822. ALLOTMENT. From amounts appropriated under the authority of section 829, the Director shall allocate- (1) 80 percent of such funds to States on the basis of the number of law enforcement officers in each State; and (2) 20 percent of such funds to States on the basis of the State's shortage of law enforcement personnel and the need for assistance under this subtitle. SEC. 823. PROGRAM ESTABLISHED. (a) IN GENERAL.-From amounts available pursuant to section 822 each State shall pay the Federal share of the cost of awarding scholarships to in-service law enforcement personnel to enable such personnel to seek further education. (b) FEDERAL SHARE.-(1) THE FEDERAL SHARE OF THE COST OF SCHOLARSHIPS UNDER THIS SUBTITLE SHALL NOT EXCEED 60 PERCENT. (2) THE NON-FEDERAL SHARE OF THE COST OF SCHOLARSHIPS UNDER THIS SUBTITLE SHALL BE SUPPLIED FROM SOURCES OTHER THAN THE FEDERAL GOVERNMENT. (C) RESPONSIBILITIES OF THE DIRECTOR.-The Director shall be responsible for the administration of the program conducted pursuant to this subtitle and shall, in consultation with the Assistant Secretary for Postsecondary Education, promulgate regulations to implement this subtitle. (d) SPECIAL RULE.-EACH STATE RECEIVING AN ALLOTMENT UNDER SECTION 823 SHALL ENSURE THAT EACH SCHOLARSHIP RECIPIENT UNDER THIS SUBTITLE BE COMPENSATED AT THE SAME RATE OF PAY AND BENEFITS AND ENJOY THE SAME RIGHTS UNDER APPLICABLE AGREEMENTS WITH LABOR ORGANIZATIONS AND UNDER STATE AND LOCAL LAW AS OTHER LAW ENFORCEMENT PERSONNEL OF THE SAME RANK AND TENURE IN THE OFFICE OF WHICH THE SCHOLARSHIP RECIPIENT IS A MEMBER. (E) SUPPLEMENTATION OF FUNDING.-FUNDS RECEIVED UNDER THIS SUBTITLE SHALL ONLY BE USED TO SUPPLEMENT, AND NOT TO SUPPLANT, FEDERAL, STATE, OR LOCAL EFFORTS FOR RECRUITMENT AND EDUCATION OF LAW ENFORCEMENT PERSONNEL. SEC. 824. SCHOLARSHIPS. (a) PERIOD OF AWARD.-Scholarships awarded under this subtitle shall be for a period of one academic year. (b) USE OF SCHOLARSHIPS.-Each individual awarded a scholarship under this subtitle may use such scholarship for educational expenses at any accredited institution of higher education. SEC. 825. ELIGIBILITY. An individual shall be eligible to receive a scholarship under this subtitle if such individual has been employed in law enforcement for 2 years immediately preceding the date for which assistance is sought. SEC. 826. STATE PLAN REQUIREMENTS. A State law enforcement scholarship plan shall- (1) contain assurances that the State shall make scholarship payments to institutions of higher education on behalf of individuals receiving financial assistance under this subtitle; (2) identify model curriculum and existing programs designed to meet the educational and professional needs of law enforcement personnel; (3) contain assurances that the State shall promote cooperative agreements with educational and law enforcement agencies to enhance law enforcement personnel recruitment efforts in high schools and community colleges; and (4) contain assurances that the State shall not expend for administrative expenses more than 8 percent of Federal funds received under section 823. SEC. 827. LOCAL APPLICATION. (a) IN GENERAL.-EACH INDIVIDUAL DESIRING A SCHOLARSHIP UNDER THIS SUBTITLE SHALL SUBMIT AN APPLICATION TO THE STATE AT SUCH TIME, IN SUCH MANNER, AND ACCOMPANIED BY SUCH INFORMATION AS THE STATE MAY REASONABLY REQUIRE. EACH SUCH APPLICATION SHALL DESCRIBE THE ACADEMIC COURSES FOR WHICH FINANCIAL ASSISTANCE IS SOUGHT. (B) PRIORITY.-IN AWARDING SCHOLARSHIPS UNDER THIS SUBTITLE, EACH STATE SHALL GIVE PRIORITY TO APPLICATIONS FROM INDIVIDUALS WHO ARE- (1) MEMBERS OF RACIAL, ETHNIC, OR GENDER GROUPS WHOSE REPRESENTATION IN THE LAW ENFORCEMENT AGENCIES WITHIN THE STATE IS SUBSTANTIALLY LESS THAN IN THE POPULATION ELIGIBLE FOR EMPLOYMENT IN LAW ENFORCEMENT IN THE STATE; AND (2) PURSUING AN UNDERGRADUATE DEGREE. SEC. 828. SCHOLARSHIP AGREEMENT. (a) IN GENERAL.-Each individual receiving a scholarship under this subtitle shall enter into an agreement with the Director. (b) CONTENTS.-Each agreement described in subsection (a) shall- (1) provide assurances that the individual shall work in a law enforcement position in the State which awarded such individual the scholarship in accordance with the service obligation described in subsection (c) after completion of such individual's academic courses leading to an associate, bachelor, or graduate degree; (2) provide assurances that the individual will repay all of the scholarship assistance awarded under this title in accordance with such terms and conditions as the Director shall prescribe, in the event that the requirements of the agreement under paragraph (1) are not complied with except where the individual- (A) dies; (B) becomes physically or emotionally disabled, as established by the sworn affidavit of a qualified physician; or (C) has been discharged in bankruptcy; and (3) set forth the terms and conditions under which an individual receiving a scholarship under this subtitle may seek employment in the field of law enforcement in a State other than the State which awarded such individual the scholarship under this subtitle. (c) SERVICE OBLIGATION.-(1) Each individual awarded a scholarship under this subtitle shall work in a law enforcement position in the State which awarded such individual the scholarship for a period of one month for each credit hour for which financial assistance is received under this subtitle. (2) For purposes of satisfying the requirement specified in paragraph (1) each individual awarded a scholarship under this Act shall work in a law enforcement position in the State which awarded such individual the scholarship for not less than 6 months nor more than 2 years. SEC. 829. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this subtitle $ 30,000,000 for fiscal year 1992 and such sums as are necessary to carry out the subtitle for fiscal years 1993, 1994, 1995, and 1996. Subtitle C-Reports SEC. 831. REPORTS TO CONGRESS. (a) ANNUAL REPORTS.-NO LATER THAN APRIL 1 OF EACH FISCAL YEAR, THE DIRECTOR SHALL SUBMIT A REPORT TO THE ATTORNEY GENERAL, THE PRESIDENT, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND THE PRESIDENT OF THE SENATE. SUCH REPORT SHALL- (1) STATE THE NUMBER OF CURRENT AND PAST PARTICIPANTS IN THE POLICE CORPS PROGRAM AUTHORIZED BY SUBTITLE A, BROKEN DOWN ACCORDING TO THE LEVELS OF EDUCATIONAL STUDY IN WHICH THEY ARE ENGAGED AND YEARS OF SERVICE THEY HAVE SERVED ON POLICE FORCES (INCLUDING SERVICE FOLLOWING COMPLETION OF THE 4-YEAR SERVICE OBLIGATION); (2) DESCRIBE THE GEOGRAPHIC DISPERSION OF PARTICIPANTS IN THE POLICE CORPS PROGRAM; (3) STATE THE NUMBER OF PRESENT AND PAST SCHOLARSHIP RECIPIENTS UNDER SUBTITLE B, CATEGORIZED ACCORDING TO THE LEVELS OF EDUCATIONAL STUDY IN WHICH SUCH RECIPIENTS ARE ENGAGED AND THE YEARS OF SERVICE SUCH RECIPIENTS HAVE SERVED IN LAW ENFORCEMENT; (4) DESCRIBE THE GEOGRAPHIC, RACIAL, AND GENDER DISPERSION OF SCHOLARSHIP RECIPIENTS UNDER SUBTITLE B; AND (5) DESCRIBE THE PROGRESS OF THE PROGRAMS AUTHORIZED BY THIS TITLE AND MAKE RECOMMENDATIONS FOR CHANGES IN THE PROGRAMS. (B) SPECIAL REPORT.-NOT LATER THAN 6 MONTHS AFTER THE DATE OF ENACTMENT OF THIS ACT, THE ATTORNEY GENERAL SHALL SUBMIT A REPORT TO CONGRESS CONTAINING A PLAN TO EXPAND THE ASSISTANCE PROVIDED UNDER SUBTITLE B TO FEDERAL LAW ENFORCEMENT OFFICERS. SUCH PLAN SHALL CONTAIN INFORMATION OF THE NUMBER AND TYPE OF FEDERAL LAW ENFORCEMENT OFFICERS ELIGIBLE FOR SUCH ASSISTANCE. TITLE IX-FEDERAL LAW ENFORCEMENT AGENCIES SEC. 901. SHORT TITLE. This title may be cited as the "Federal Law Enforcement Act of 1991". SEC. 902. AUTHORIZATION FOR FEDERAL LAW ENFORCEMENT AGENCIES. There is authorized to be appropriated for fiscal year 1992, $ 345,500,000 (which shall be in addition to any other appropriations) to be allocated as follows: (1) For the Drug Enforcement Administration, $ 100,500,000, which shall include: (A) not to exceed $ 45,000,000 to hire, equip and train not less than 350 agents and necessary support personnel to expand DEA investigations and operations against drug trafficking organizations in rural areas; (B) not to exceed $ 25,000,000 to expand DEA State and Local Task Forces, including payment of state and local overtime, equipment and personnel costs; and (C) not to exceed $ 5,000,000 to hire, equip and train not less than 50 special agents and necessary support personnel to investigate violations of the Controlled Substances Act relating to anabolic steroids. (2) For the Federal Bureau of Investigation, $ 98,000,000, for the hiring of additional agents and support personnel to be dedicated to the investigation of drug trafficking organizations; (3) For the Immigration and Naturalization Service, $ 45,000,000, to be further allocated as follows: (A) $ 25,000,000 to hire, train and equip no fewer than 500 full-time equivalent Border Patrol officer positions; (B) $ 20,000,000, to hire, train and equip no fewer than 400 full-time equivalent INS criminal investigators dedicated to drug trafficking by illegal aliens and to deportations of criminal aliens. (4) For the United States attorneys, $ 45,000,000 to hire and train not less than 350 additional prosecutors and support personnel dedicated to the prosecution of drug trafficking and related offenses; (5) For the United States Marshals Service, $ 10,000,000; (6) For the Bureau of Alcohol, Tobacco, and Firearms, $ 15,000,000 to hire, equip and train not less than 100 special agents and support personnel to investigate firearms violations committed by drug trafficking organizations, particularly violent gangs; (7) For the United States courts, $ 20,000,000 for additional magistrates, probation officers, other personnel and equipment to address the case-load generated by the additional investigative and prosecutorial resources provided in this title; and (8) For Federal defender services, $ 12,000,000 for the defense of persons prosecuted for drug trafficking and related crimes. TITLE X-HABEAS CORPUS REFORM ACT SEC. 1001. SHORT TITLE. This title may be cited as the "Habeas Corpus Reform Act of 1991". SEC. 1002. SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES. Part VI of title 28 of the United States Code is amended by inserting following chapter 153 the following new chapter: "CHAPTER 154-SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES "Sec. "2256. Prisoners in State custody subject to capital sentence; appointment of counsel; requirement of rule of court or statute; procedures for appointment. "2257. Mandatory stay of execution; duration; limits on stays of execution; successive petitions. "2258. Filing of habeas corpus petition; time requirements; tolling rules. "2259. Evidentiary hearings; scope of Federal review; district court adjudication. "2260. Certificate of probable cause inapplicable. "2261. Counsel in capital cases; trial and post-conviction; standards. "2262. Law controlling in Federal habeas corpus proceedings; retroactivity. "2256. Prisoners in State custody subject to capital sentence; appointment of counsel; requirement of rule of court or statute; procedures for appointment "(a) This chapter shall apply to cases arising under section 2254 of this title brought by prisoners in State custody who are subject to a capital sentence. It shall apply only if subsections (b) and (c) are satisfied. "(b) This chapter is applicable if a State establishes by rule of its court of last resort or by statute a mechanism for the appointment, compensation, and payment of reasonable fees and litigation expenses of competent counsel consistent with section 2261 of this title. "(c)(1) Upon receipt of notice that counsel has been appointed to represent a prisoner under sentence of death after the prisoner's conviction and sentence have been upheld on direct review in a State court of last resort or in the Supreme Court of the United States if application is made to that court, the State court of last resort shall enter an order confirming the appointment and shall direct its clerk to forward the record of the case to the attorney appointed. "(2) Upon receipt of notice that counsel has been offered to, but declined by, a prisoner described in paragraph (1), the State court of last resort shall direct an appropriate court or judge to hold a hearing, at which the prisoner and the attorney offered to the prisoner shall be present, to determine whether the prisoner is competent to decide whether to accept or reject the appointment of counsel and whether, if competent, the prisoner knowingly and intelligently waives the appointment of counsel. The court or judge shall report its determinations to the State court of last resort, which shall review the determinations for error. If the State court of last resort concludes that the prisoner is incompetent and does not waive counsel, the court shall enter an order confirming the appointment of the attorney assigned to the prisoner by the appointing authority and shall direct the clerk to forward the record to the attorney appointed. If the court concludes that the prisoner is competent and waives counsel, the court shall enter an order that counsel need not be appointed and shall direct the clerk to forward the record to the prisoner. "(3) Nothing in this section requires the appointment of counsel to a prisoner who is not indigent. "(d) No counsel appointed pursuant to subsections (b) and (c) to represent a State prisoner in State collateral proceedings shall have previously represented the prisoner at trial or on direct appeal in the case for which the appointment is made unless the prisoner and counsel expressly request continued representation. "(e) The ineffectiveness or incompetence of counsel appointed under this chapter during State or Federal collateral post-conviction proceedings shall not be a ground for relief in a proceeding arising under this chapter or section 2254 of this title. This limitation shall not preclude the appointment of different counsel at any phase of State or Federal post-conviction proceedings. "2257. Mandatory stay of execution; duration; limits on stays of execution; successive petitions "(a) Upon the entry in the State court of last resort of an order pursuant to section 2256(c) of this title, a warrant or order setting an execution date for a State prisoner shall be stayed upon application to any court that would have jurisdiction over any proceedings filed pursuant to section 2254 of this title. The application must recite that the State has invoked the post-conviction review procedures of this chapter and that the scheduled execution is subject to stay. "(b) A stay of execution granted pursuant to subsection (a) shall expire if- "(1) a State prisoner fails to file a habeas corpus petition under section 2254 of this title within the time required in section 2258 of this title; "(2) upon completion of district court and court of appeals review under section 2254 of this title the petition for relief is denied and- "(A) the time for filing a petition for certiorari has expired and no petition has been filed; "(B) a timely petition for certiorari was filed and the Supreme Court denied the petition; or "(C) a timely petition for certiorari was filed and upon consideration of the case, the Supreme Court disposed of it in a manner that left the capital sentence undisturbed; or "(3) before a court of competent jurisdiction, in the presence of counsel and after having been advised of the consequences of his decision, a State prisoner under capital sentence waives the right to pursue habeas corpus review under section 2254 of this title. "(c) If one of the conditions in subsection (b) has occurred, no Federal court thereafter shall have the authority to enter a stay of execution or grant relief in a capital case unless- "(1) the basis for the stay and request for relief is a claim not previously presented by the prisoner in the State or Federal courts, and the failure to raise the claim is- "(A) the result of State action in violation of the Constitution or laws of the United States; "(B) the result of the Supreme Court recognition of a new Federal right that is retroactively applicable; or "(C) based on a factual predicate that could not have been discovered through the exercise of reasonable diligence; "(2) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the jury's determination of guilt on the offense or offenses for which the death penalty was imposed; or "(3) a stay and consideration of the requested relief are necessary to prevent a miscarriage of justice. "2258. Filing of habeas corpus petition; time requirements; tolling rules "Any petition for habeas corpus relief under section 2254 of this title must be filed in the appropriate district court not later than 365 days after the date of filing in the State court of last resort of an order issued in compliance with section 2256(c) of this title. The time requirements established by this section shall be tolled- "(1) from the date that a petition for certiorari is filed in the Supreme Court until the date of final disposition of the petition if a State prisoner seeks review of a capital sentence that has been affirmed on direct appeal by the court of last resort of the State or has otherwise become final for State law purposes; "(2) during any period in which a State prisoner under capital sentence has a properly filed request for post-conviction review pending before a State court of competent jurisdiction and if all State filing rules are met in a timely manner, this period shall run continuously from the date that the State prisoner initially files for post-conviction review until final disposition of the case by the State court of last resort, and further until final disposition of the matter by the Supreme Court of the United States, if a timely petition for review is filed; and "(3) during an additional period not to exceed 90 days, if counsel for the State prisoner- "(A) moves for an extension of time in the United States district court that would have proper jurisdiction over the case upon the filing of a habeas corpus petition under section 2254 of this title; and "(B) makes a showing of good cause for counsel's inability to file the habeas corpus petition within the 365-day period established by this section. "2259. Evidentiary hearings; scope of Federal review; district court adjudication "(a) Whenever a State prisoner under a capital sentence files a petition for habeas corpus relief to which this chapter applies, the district court shall- "(1) determine the sufficiency of the evidentiary record for habeas corpus review; and "(2) conduct any requested evidentiary hearing necessary to complete the record for habeas corpus review. Upon the development of a complete evidentiary record under this subsection, the district court shall rule on the merits of the claims properly before it. "(b)(1) Except as provided in paragraph (2), a district court may refuse to consider a claim under this section if- "(A) the prisoner previously failed to raise the claim in State court at the time and in the manner prescribed by State law; "(B) the State courts, for that reason, refused or would refuse to entertain the claim; and "(C) such refusal would constitute an adequate and independent State law ground that would foreclose direct review of the State court judgment in the United States Supreme Court. "(2) A district court shall consider a claim under this section if the prisoner shows that the failure to raise the claim in a State court was due to the ignorance or neglect of the prisoner or counsel or if the failure to consider such a claim would result in a miscarriage of justice. "2260. Certificate of probable cause inapplicable "The requirement of a certificate of probable cause in order to appeal >from the district court to the court of appeals does not apply to habeas corpus cases subject to this chapter except when a second or successive petition is filed. "2261. Counsel in capital cases; trial and post-conviction; standards "(a) A mechanism for the provision of counsel services to indigents sufficient to invoke the provisions of this chapter under section 2256(b) of this title shall provide for counsel to- "(1) indigents charged with offenses for which capital punishment is sought; "(2) indigents who have been sentenced to death and who seek appellate or collateral review in State court; and "(3) indigents who have been sentenced to death and who seek certiorari review in the United States Supreme Court. "(b)(1) In the case of an appointment made before trial, at least one attorney appointed under this chapter must have been admitted to practice in the court in which the prosecution is to be tried for not less than 5 years, and must have had not less than 3 years' experience in the trial of felony prosecutions in that court. "(2) In the case of an appointment made after trial, at least one attorney appointed under this chapter must have been admitted to practice in the court of last resort of the State for not less than 5 years, and must have had not less than 3 years' experience in the handling of appeals in that State courts in felony cases. "(3) Notwithstanding paragraphs (1) and (2) of this subsection, a court, for good cause and upon the defendant's request, may appoint another attorney whose background, knowledge, or experience would otherwise enable the attorney to properly represent the defendant, with due consideration of the seriousness of the possible penalty and the unique and complex nature of the litigation. "(c) Upon a finding in ex parte proceedings that investigative, expert or other services are reasonably necessary for the representation of the defendant, whether in connection with issues relating to guilt or issues relating to sentence, the court shall authorize the defendant's attorney to obtain such services on behalf of the defendant and shall order the payment of fees and expenses therefor, under subsection (d). Upon finding that timely procurement of such services could not practicably await prior authorization, the court may authorize the provision of and payment of such services nunc pro tunc. "(d) Notwithstanding the rates and maximum limits generally applicable to criminal cases and any other provision of law to the contrary, the court shall fix the compensation to be paid to an attorney appointed under this subsection and the fees and expenses to be paid for investigative, expert, and other reasonably necessary services authorized under subsection (c), at such rates or amounts as the court determines to be reasonably necessary to carry out the requirements of this subsection.". SEC. 1003. LAW APPLICABLE IN CHAPTER 153 PROCEEDINGS. (a) IN GENERAL.-Chapter 153 of title 28, United States Code, is amended by adding at the end the following: "2255A. Law applicable "(a) Except as provided in subsection (b) of this section, each claim under this chapter shall be governed by the law existing on the date the court determines the claim. "(b) In determining whether to apply a new rule, the court shall consider- "(1) the purpose to be served by th