title. This limitation shall not preclude the appointment of different counsel at any phase of State or Federal postconviction proceedings. "(g) Upon receipt of notice from the appointing authority that an individual entitled to the appointment of counsel under this section has declined to accept such an appointment, the court requesting the appointment shall conduct, or cause to be conducted, a hearing, at which the individual and counsel proposed to be appointed under this section shall be present, to determine the individual's competency to decline the appointment, and whether the individual has knowingly and intelligently declined it. "(h) Attorneys appointed from the private bar shall be compensated on an hourly basis. and at a reasonable rate in light of the attorney's qualifications and experience and the local market for legal representation in cases reflecting the complexity and responsibility of capital cases and shall be reimbursed for expenses reasonably incurred in representing the client, including the costs of law clerks, paralegals, investigators, experts, or other support services. "(i) Support services for staff attorneys of a defender organization or resource center shall be equal to the services listed in subsection (h). "(j) If a State fails to provide counsel in a proceeding specified in subsection (a), or counsel appointed for such a proceeding fails substantially to meet the qualification standards specified in subsections (c)(1) or (d), or the performance standards established by the appointing authority, the court, in an action under this chapter, shall neither presume findings of fact made in such proceeding to be correct nor decline to consider a claim on the ground that it was not raised in such proceeding at the time or in the manner prescribed by State law.". (b) CLERICAL AMENDMENT.-The table of sections at the beginning of chapter 153 of title 28, United States Code, is amended by adding at the end the following: "2257. Counsel in capital court.". cases; State SEC 206. SUCCESSIVE FEDERAL PETITIONS. Section 2244(b) of title 28, United States Code, is amended (1) by inserting "(1)" after "(b)"; (2) by inserting ", in the case of an applicant not under sentence of death," after "When"; and (3) by adding at the end the following: "(2) In the case of an applicant under sentence of death, a claim presented in a second or successive application, that was not presented in a prior application under this chapter, shall be dismissed unless "(A) the applicant shows that "(i) the basis of the claim could not have been discovered by the exercise of reasonable diligence before the applicant filed the prior application; or "(ii) the failure to raise the claim in the prior application was due to action by State officials in violation of the Constitution of the United States; and "(B) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the applicant's guilt of the offense or offenses for which the capital sentence was imposed, or in the validity of that sentence under Federal law.". SEC. 207. CERTIFICATES OF PROBABLE CAUSE. The third paragraph of section 2253, title 28, United States Code, is amended to read as follows: "An appeal may not be taken to the court of appeals from the final order in a habeas corpus proceeding where the detention complained of arises out of process issued by a State court, unless the justice or judge who rendered the order or a circuit justice or judge issues a certificate of probable cause. However, an applicant under sentence of death shall have a right of appeal without a certification of probable cause, except after denial of a second or successive application.". SEC. 208. FUNDING FOR DEATH PENALTY PROSECUTIONS. Part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following new section: "SEC. 515. Notwithstanding any other provision of this subpart, the Director shall provide grants to the States, from the funding allocated pursuant to section 511, for the purpose of supporting litigation pertaining to Federal habeas corpus petitions in capital cases. The total funding available for such grants within any fiscal year shall be equal to the funding provided to capital resource centers, pursuant to Federal appropriation, in the same fiscal year.". TITLE III-EXCLUSIONARY RULE SEC. 301. SEARCHES AND SEIZURES PURSUANT TO AN INVALID WARRANT. (a) IN GENERAL.-Chapter 109 of title 18, United States Code, is amended by adding at the end thereof the following new section: "§ 2237. Evidence obtained by invalid warrant "Evidence which is obtained as a result of search or seizure shall not be excluded in a proceeding in a court of the United States on the ground that the search or seizure was in violation of the Fourth Amendment to the Constitution of the United States, if the search or seizure was carried out in reasonable reliance on a warrant issued by a detached and neutral magistrate ultimately found to be invalid, unless "(1) the judicial officer in issuing the warrant was materially misled by information in an affidavit that the affiant knew was false or would have known was false except for his reckless disregard of the truth; "(2) the judicial officer provided approval of the warrant without exercising a neutral and detached review of the application for the warrant; "(3) the warrant was based on an affidavit so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable; or "(4) the warrant is so facially deficient that the executing officers could not reasonably presume it to be valid.". (b) AMENDMENT TO CHAPTER ANALYSIS.The table of chapters at the beginning of chapter 109 of title 18, United States Code, is amended by adding at the end thereof the following: "2237. Evidence obtained by invalid war rant." TITLE IV-COERCED CONFESSIONS SEC. 401. COERCED CONFESSIONS. The admission into evidence of a coerced confession shall not be considered harmless error. For the purposes of this section, a confession is coerced if it is elicited in violation of the fifth or fourteenth articles of amendment to the Constitution of the United States. TITLE V-FIREARMS Subtitle A-Brady Handgun Violence SEC. 501. FEDERAL FIREARMS LICENSEE RE- (a) INTERIM PROVISION.— (1) IN GENERAL.-Section 922 of title 18, United States Code, is amended by adding at the end the following: "(s)(1) Beginning on the date that is 90 days after the date of enactment of this sub section and ending on the day before the date that the Attorney General certifies under section 512(d)(1) of the Violent Crime Control and Law Enforcement Act of 1991 that the national instant criminal background check system is established (except as provided in paragraphs (2) and (3) of such section), it shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer a handgun to an individual who is not licensed under section 923, unless "(A) after the most recent proposal of such transfer by the transferee "(i) the transferor has "(I) received from the transferee a statement of the transferee containing the information described in paragraph (3); "(II) verified the identity of the transferee by examining the identification document presented; "(III) within 1 day after the transferee furnishes the statement, provided notice of the contents of the statement to the chief law enforcement officer of the place of residence of the transferee; and "(IV) within 1 day after the transferee furnishes the statement, transmitted a copy of the statement to the chief law enforcement officer of the place of residence of the transferee; and "(ii)(I) 5 business days (as defined by days. in which State offices are open) have elapsed from the date the transferor furnished notice of the contents of the statement to the chief law enforcement officer, during which period the transferor has not received information from the chief law enforcement officer that receipt or possession of the handgun by the transferee would be in violation of Federal, State, or local law; or "(II) the transferor has received notice from the chief law enforcement officer that the officer has no information indicating that receipt or possession of the handgun by the transferee would violate Federal, State, or local law; "(B) the transferee has presented to the transferor a written statement, issued by the chief law enforcement officer of the place of residence of the transferee during the 10-day period ending on the date of the most recent proposal of such transfer by the transferee, stating that the transferee requires access to a handgun because of a threat to the life of the transferee or of any member of the household of the transferee; "(C)(i) the transferee has presented to the transferor a permit that "(I) allows the transferee to possess a handgun; and "(II) was issued not more than 5 years earlier by the State in which the transfer is to take place; and "(ii) the law of the State provides that such a permit is to be issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a handgun by the transferee would be in violation of law; "(D) the law of the State requires that, before any licensed importer, licensed manufacturer, or licensed dealer completes the transfer of a handgun to an individual who is not licensed under section 923, an authorized government official verify that the information available to such official does not indicate that possession of a handgun by the transferee would be in violation of law, except that this subparagraph shall not apply to a State that, on the date of certification pursuant to section 502(d) of the Violent Crime Control and Law Enforcement Act of 1991, is not in compliance with the timetable established pursuant to section 502(c) of such Act; "(E) the Secretary has approved the transfer under section 5812 of the Internal Revenue Code of 1986; or "(F) on application of the transferor, the Secretary has certified that compliance with subparagraph (A)(i)(III) is impracticable because “(i) the ratio of the number of law enforcement officers of the State in which the transfer is to occur to the number of square miles of land area of the State does not exceed 0.0025; "(ii) the business premises of the transferor at which the transfer is to occur are extremely remote in relation to the chief law enforcement officer; and "(iii) there is an absence of telecommunications facilities in the geographical area in which the business premises are located. "(2) A chief law enforcement officer to whom a transferor has provided notice pursuant to paragraph (1)(A)(i)(III) shall make a reasonable effort to ascertain within 5 business days whether the transferee has a criminal record or whether there is any other legal impediment to the transferee's receiving a handgun, including research in whatever State and local recordkeeping systems are available and in a national system designated by the Attorney General. "(3) The statement referred to in paragraph (1)(A)(i)(I) shall contain only "(A) the name, address, and date of birth appearing on a valid identification document (as defined in section 1028(d)(1)) of the transferee containing a photograph of the transferee and a description of the identification used; "(B) a statement that transferee "(i) is not under indictment for, and has not been convicted in any court of, a crime punishable by imprisonment for a term exceeding 1 year; "(ii) is not a fugitive from justice; "(iii) is not an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act); "(iv) has not been adjudicated as a mental defective or been committed to a mental institution; "(v) is not an alien who is illegally or unlawfully in the United States; "(vi) has not been discharged from the Armed Forces under dishonorable conditions; and "(vii) is not a person who, having been a citizen of the United States, has renounced such citizenship; "(C) the date the statement is made; and "(D) notice that the transferee intends to obtain a handgun from the transferor. "(4) Any transferor of a handgun who, after such transfer, receives a report from a chief law enforcement officer containing information that receipt or possession of the handgun by the transferee violates Federal, State, or local law shall immediately communicate all information the transferor has about the transfer and the transferee to"(A) the chief law enforcement officer of the place of business of the transferor; and "(B) the chief law enforcement officer of the place of residence of the transferee. "(5) Any transferor who receives information, not otherwise available to the public, in a report under this subsection shall not disclose such information except to the transferee, to law enforcement authorities, or pursuant to the direction of a court of law. "(6)(A) Any transferor who sells, delivers, or otherwise transfers a handgun to a transferee shall retain the copy of the statement of the transferee with respect to the handgun transaction, and shall retain evidence that the transferor has complied with subclauses (III) and (IV) of paragraph (1)(A)(i) with respect to the statement. "(B) Unless the chief law enforcement officer to whom a statement is transmitted under paragraph (1)(A)(i)(IV) determines that a transaction would violate Federal, State, or local law "(i) the officer shall, within 20 business days after the date the transferee made the statement on the basis of which the notice was provided, destroy the statement and any record containing information derived from the statement; "(ii) the information contained in the statement shall not be conveyed to any person except a person who has a need to know in order to carry out this subsection; and "(iii) the information contained in the statement shall not be used for any purpose other than to carry out this subsection. "(7) A chief law enforcement officer or other person responsible for providing criminal history background information pursuant to this subsection shall not be liable in an action at law for damages "(A) for failure to prevent the sale or transfer of a handgun to a person whose receipt or possession of the handgun is unlawful under this section; or "(B) for preventing such a sale or transfer to a person who may lawfully receive or possess a handgun. "(8) For purposes of this subsection, the term 'chief law enforcement officer' means the chief of police, the sheriff, or an equivalent officer or the designee of any such individual. "(9) The Secretary shall take necessary actions to ensure that the provisions of this subsection are published and disseminated to licensed dealers, law enforcement officials, and the public.". (2) HANDGUN DEFINED.-Section 921(a) of such title is amended by adding at the end the following: "(29) The term 'handgun' means— "(A) a firearm which has a short stock and is designed to be held and fired by the use of a single hand; and "(B) any combination of parts from which a firearm described in subparagraph (A) can be assembled.". (b) PERMANENT PROVISION.-Section 922 of title 18, United States Code, as amended by subsection (a)(1) of this section, is amended by adding at the end the following: "(t)(1) Beginning on the date that the Attorney General certifies under section 502(d)(1) of the Violent Crime Control and Law Enforcement Act of 1991 that the national instant criminal background check system is established (except as provided in paragraphs (2) and (3) of such section), a licensed importer, licensed manufacturer, or licensed dealer shall not transfer a firearm to any other person who is not such a licensee, unless "(A) before the completion of the transfer, the licensee contacts the national instant criminal background check system established under section 503 of such Act; "(B) the system notifies the licensee that the system has not located any record that demonstrates that the receipt of a firearm by such other person would violate subsection (g) or (n) of this section or any State or local law; and "(C) the transferor has verified the identity of the transferee by examining a valid identification document (as defined in section 1028(d)(1) of this title) of the transferee containing a photograph of the transferee. "(2) Paragraph (1) shall not apply to a firearm transfer between a licensee and another person if "(A)(i) such other person has presented to the licensee a permit that "(I) allows such other person to possess a firearm; and "(II) was issued not more than 5 years earlier by the State in which the transfer is to take place; and "(ii) the law of the State provides that such a permit is to be issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a firearm by such other person would be in violation of law; "(B) the Secretary has approved the transfer under section 5812 of the Internal Revenue Code of 1986; or "(C) on application of the transferor, the Secretary has certified that compliance with paragraph (1)(A) is impracticable because "(i) the ratio of the number of law enforcement officers of the State in which the transfer is to occur to the number of square miles of land area of the State does not exceed 0.0025; "(ii) the business premises of the licensee at which the transfer is to occur are extremely remote in relation to the chief law enforcement officer (as defined in subsection (u)(8)); and "(iii) there is an absence of telecommunications facilities in the geographical area in which the business premises are located. "(3) If the national instant criminal background check system notifies the licensee that the information available to the system does not demonstrate that the receipt of a firearm by such other person would violate subsection (g) or (n), and the licensee transfers a firearm to such other person, the licensee shall include in the record of the transfer the unique identification number provided by the system with respect to the transfer. "(4) In addition to the authority provided under section 923(e), if the licensee knowingly transfers a firearm to such other person and knowingly fails to comply with paragraph (1) of this subsection with respect to the transfer and, at the time such other person most recently proposed the transfer, the national instant criminal background check system was operating and information was available to the system demonstrating that receipt of a firearm by such other person would violate subsection (g) or (n) of this section, the Secretary may, after notice and opportunity for a hearing, suspend for not more than 6 months or revoke any license issued to the licensee under section 923, and may impose on the licensee a civil fine of not more than $5,000. "(5) Neither a local government nor an employee of the Federal Government or of any State or local government, responsible for providing information to the national instant criminal background check system shall be liable in an action at law for damages "(A) for failure to prevent the sale or transfer of a handgun to a person whose receipt or possession of the handgun is unlawful under this section; or "(B) for preventing such a sale or transfer to a person who may lawfully receive or possess a handgun.". (c) PENALTY.-Section 924(a) of title 18, United States Code, is amended (1) in paragraph (1), by striking "paragraph (2) or (3) of"; and (2) by adding at the end the following: "(5) Whoever knowingly violates subsection (s) or (t) of section 922 shall be fined not more than $1,000, imprisoned for not more than 1 year, or both.". SEC. 502. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM. (a) ESTABLISHMENT OF SYSTEM.-The Attorney General of the United States shall establish a national instant criminal background check system that any licensee may contact for information on whether receipt of a fire arm by a prospective transferee thereof would violate subsection (g) or (n) of section 922 of title 18, United States Code, or any State or local law. (b) EXPEDITED ACTION BY THE ATTORNEY GENERAL.-The Attorney General shall expe dite (1) the upgrading and indexing of State criminal history records in the Federal criminal records system maintained by the Federal Bureau of Investigation; (2) the development of hardware and software systems to link State criminal history check systems into the national instant criminal background check system established by the Attorney General pursuant to this section; and (3) the current revitalization initiatives by the Federal Bureau of Investigation for technologically advanced fingerprint and criminal records identification. (c) PROVISION OF STATE CRIMINAL RECORDS TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.-(1) Not later than 6 months after the date of enactment of this Act, the Attorney General shall (A) determine the type of computer hardware and software that will be used to operate the national instant criminal background check system and the means by which State criminal records systems will communicate with the national system; (B) investigate the criminal records system of each State and determine for each State a timetable by which the State should be able to provide criminal records on an on line capacity basis to the national system; (C) notify each State of the determinations made pursuant to subparagraphs (A) and (B). (2) The Attorney General shall require as a part of the State timetable that the State achieve, by the end of 5 years after the date of enactment of this Act, at least 80 percent currency of case dispositions in computerized criminal history files for all cases in which there has been an event of activity within the last 5 years and continue to maintain such a system. (d) NATIONAL SYSTEM CERTIFICATION.-(1) On the date that is 30 months after the date of enactment of this Act, and at any time thereafter, the Attorney General shall determine whether (A) the national system has achieved at least 80 percent currency of case dispositions in computerized criminal history files for all cases in which there has been an event of activity within the last 5 years on a national average basis; and (B) the States are in compliance with the timetable established pursuant to subsection (c), and, if so, shall certify that the national system is established. (2) If, on the date of certification in paragraph (1) of this subsection, a State is not in compliance with the timetable established pursuant to subsection (c) of this section, section 922(s) of title 18, United States Code, shall remain in effect in such State and section 922(t) of such title shall not apply to the State. The Attorney General shall certify if a State subject to the provisions of section 922(s) under the preceding sentence achieves compliance with its timetable after the date of certification in paragraph (1) of this subsection, and section 922(s) of title 18, United States Code, shall not apply to such State and section 922(t) of such title shall apply to the State. (3) Six years after the date of enactment of this Act, the Attorney General shall certify whether or not a State is in compliance with subsection (c)(2) of this section and if the State is not in compliance, section 922(s) of title 18, United States Code, shall apply to the State and section 922(t) of such title shall not apply to the State. The Attorney General shall certify if a State subject to the provisions of section 922(s) under the preceding sentence achieves compliance with the standards in subsection (c)(2) of this section, and section 922(s) of title 18, United States Code, shall not apply to the State and section 922(t) of such title shall apply to the State. (e) NOTIFICATION OF LICENSEES.-On establishment of the system under this section, the Attorney General shall notify each licensee and the chief law enforcement officer of each State of the existence and purpose of the system and the means to be used to contact the system. (f) ADMINISTRATIVE PROVISIONS. (1) AUTHORITY TO OBTAIN OFFICIAL INFORMATION. Notwithstanding any other law, the Attorney General may secure directly from any department or agency of the United States such information on persons for whom receipt of a firearm would violate subsection (g) or (n) of section 922 of title 18, United States Code, or any State or local law, as is necessary to enable the system to operate in accordance with this section. On request of the Attorney General, the head of such department or agency shall furnish such information to the system. (2) OTHER AUTHORITY.-The Attorney General shall develop such computer software, design and obtain such telecommunications and computer hardware, and employ such personnel, as are necessary to establish and operate the system in accordance with this section. (g) CORRECTION OF ERRONEOUS SYSTEM INFORMATION.—If the system established under this section informs an individual contacting the system that receipt of a firearm by a prospective transferee would violate subsection (g) or (n) of section 922 of title 18, United States Code, or any State or local law, the prospective transferee may request the Attorney General to provide the prospective transferee with the reasons therefor. Upon receipt of such a request, the Attorney General shall immediately comply with the request. The prospective transferee may submit to the Attorney General information that to correct, clarify, or supplement records of the system with respect to the prospective transferee. After receipt of such information, the Attorney General shall immediately consider the information, investigate the matter further, and correct all erroneous Federal records relating to the prospective transferee and give notice of the error to any Federal department or agency or any State that was the source of such erroneous records. (h) REGULATIONS.-After 90 days notice to the public and an opportunity for hearing by interested parties, the Attorney General shall prescribe regulations to ensure the privacy and security of the information of the system established under this section. (i) PROHIBITIONS RELATING TO ESTABLISHMENT OF REGISTRATION SYSTEMS WITH RESPECT TO FIREARMS.-No department, agency, officer, or employee of the United States may (1) require that any record or portion thereof maintained by the system established under this section be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or political subdivision thereof; or (2) use the system established under this section to establish any system for the registration of firearms, firearm owners, or firearm transactions or dispositions, except with respect to persons prohibited by section 922(g) or (n) of title 18, United States Code, from receiving a firearm. (j) DEFINITIONS.-As used in this section: (1) LICENSEE.-The term "licensee" means a licensed importer, licensed manufacturer, or licensed dealer under section 923 of title 18, United States Code. (2) OTHER TERMS.-The terms "firearm", "licensed importer", "licensed manufacturer", and "licensed dealer" have the meanings stated in section 921(a) (3), (9), (10), and (11), respectively, of title 18, United States Code. SEC. 503. FUNDING FOR IMPROVEMENT OF CRIMINAL RECORDS. (a) IMPROVEMENTS IN STATE RECORDS.(1) USE OF FORMULA GRANTS.-Section 509(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3759(b)) is amended (A) in paragraph (2) by striking "and" after the semicolon; (B) in paragraph (3) by striking the period and inserting "; and"; and (C) by adding at the end the following new paragraph: "(4) the improvement of State record systems and the sharing with the Attorney General of all of the records described in paragraphs (1), (2), and (3) of this subsection and the records required by the Attorney General under section 502 of the Violent Crime Control and Law Enforcement Act of 1991, for the purpose of implementing such Act.". (2) ADDITIONAL FUNDING.— (A) GRANTS FOR THE IMPROVEMENT OF CRIMINAL RECORDS.-The Attorney General, through the Bureau of Justice Statistics, shall, subject to appropriations and with preference to States that as of the date of enactment of this Act have the lowest percent currency of case dispositions in computerized criminal history files, make a grant to each State to be used (i) for the creation of a computerized criminal history record system or improvement of an existing system; (ii) to improve accessibility to the national instant criminal background system; and (iii) upon establishment of the national system, to assist the State in the transmittal of criminal records to the national system. (B) AUTHORIZATION OF APPROPRIATIONS.There are authorized to be appropriated for grants under subparagraph (A) a total of $100,000,000 for fiscal year 1992 and all fiscal years thereafter. (b) WITHHOLDING STATE FUNDS.-Effective on the date of enactment of this Act the Attorney General may reduce by up to 50 percent the allocation to a State for a fiscal year under title I of the Omnibus Crime Control and Safe Streets Act of 1968 of a State that is not in compliance with the timetable established for such State under section 502(c) of this Act. (c) WITHHOLDING OF DEPARTMENT OF JUSTICE FUNDS.-If the Attorney General does not certify the national instant criminal background check system pursuant to section 502(d)(1) by (1) 30 months after the date of enactment of this Act the general administrative funds appropriated to the Department of Justice for the fiscal year beginning in the calendar year in which the date that is 30 months after the date of enactment of this Act falls shall be reduced by 5 percent on a monthly basis; and (2) 42 months after the date of enactment of this Act the general administrative funds appropriated to the Department of Justice for the fiscal year beginning in the calendar year in which the date that is 42 months after the date of enactment of this Act falls shall be reduced by 10 percent on a monthly basis. Subtitle B-Gun Crime Penalties SEC. 511. ENHANCED PENALTY FOR USE OF A SEMIAUTOMATIC FIREARM DURING A CRIME OF VIOLENCE OR A DRUG TRAFFICKING CRIME. (a) IN GENERAL.-Section 924(c)(1) of title 18, United States Code, is amended by striking "and if the firearm is a short-barreled rifle, short-barreled shotgun" and inserting "if the firearm is a semiautomatic firearm, a short-barreled rifle, or a short-barreled shotgun,". (b) SEMIAUTOMATIC FIREARM.-Section 921(a) of such title is amended by adding after the paragraph added by section 501(a)(2) of this Act the following: "(30) The term 'semiautomatic firearm' means any repeating firearm which utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round, and which requires a separate pull of the trigger to fire each cartridge.". SEC. 512. INCREASED PENALTY FOR SECOND OFFENSE OF USING AN EXPLOSIVE TO COMMIT A FELONY. Section 844(h) of title 18, United States Code, is amended by striking "ten" and inserting "twenty". SEC. 513. SMUGGLING FIREARMS IN AID OF DRUG TRAFFICKING. Section 924 of title 18, United States Code, is amended by adding at the end the following: "(i) Whoever, with the intent to engage in or to promote conduct which "(1) is punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.); "(2) violates any law of a State relating to any controlled substance (as defined in section 102 of the Controlled Substances Act, 21 U.S.C. 802); or "(3) constitutes a crime of violence (as defined in subsection (c)(3), smuggles or knowingly brings into the United States a firearm, or attempts to do so, shall be imprisoned for not more than ten years, fined under this title, or both.". SEC. 514. THEFT OF FIREARMS AND EXPLOSIVES. (a) FIREARMS.-Section 924 of title 18, United States Code, is amended by adding after the subsection added by section 513 of this Act the following: "(j) Whoever steals any firearm which is moving as, or is a part of, or which has moved in, interstate or foreign commerce shall be imprisoned for not less than 2 nor more than 10 years, and may be fined under this title, or both.". (b) EXPLOSIVES.-Section 844 of title 18, United States Code, is amended by adding at the end the following: "(k) Whoever steals any explosives materials which are moving as, or are a part of, or which have moved in, interstate or foreign commerce shall be imprisoned for not less than 2 or more than 10 years, or fined under this title, or both.". SEC. 515. CONFORMING AMENDMENT PROVIDING MANDATORY REVOCATION OF SUPERVISED RELEASE FOR POSSESSION OF A FIREARM. Section 3583 of title 18, United States Code is amended by adding at the end the following: "(h) MANDATORY REVOCATION FOR POSSESSION OF A FIREARM.-If the court has provided, as a condition of supervised release, that the defendant refrain from possessing a firearm, and if the defendant is in actual possession of a firearm, as that term is defined in section 921 of this title, at any time prior to the expiration or termination of the term of supervised release, the court shall, after a hearing pursuant to the provisions of the Federal Rules of Criminal Procedure that are applicable to probation revocation, revoke the term of supervised release and, subject to the limitations of paragraph (e)(3) of this section, require the defendant to serve in prison all or part of the term of supervised release without credit for time previously served on postrelease supervision.". SEC. 516. REVOCATION OF PROBATION. (a) Section 3565(a) of title 18, United States Code, is amended (1) in paragraph (2), by striking "impose any other sentence that was available under subchapter A at the time of the initial sentencing" and inserting "resentence the defendant under subchapter A"; and (2) by striking the last sentence. (b) Section 3565(b) of title 18, United States Code, is amended to read as follows: "(b) MANDATORY REVOCATION FOR POSSESSION OF CONTROLLED SUBSTANCE OR FIREARM.-If the defendant "(1) possesses a controlled substance in violation of the condition set forth in section 3563(a)(3); or "(2) possesses a firearm, as such term is defined in section 921 of this title, in violation of Federal law, or otherwise violates a condition of probation prohibiting the defendant from possessing a firearm, the court shall revoke the sentence of probation and resentence the defendant under subchapter A to a sentence that includes a term of imprisonment.". SEC. 517. INCREASED PENALTY FOR KNOWINGLY MAKING FALSE, MATERIAL STATEMENT IN CONNECTION WITH THE ACQUISITION OF A FIREARM FROM A LICENSED DEALER. Section 924(a) of title 18, United States Code, is amended (1) in paragraph (a)(1)(B), by striking out "(a)(6),"; and (2) in subsection (a)(2), by inserting "(a)(6)," after "subsections". SEC. 518. POSSESSION OF EXPLOSIVES BY FELONS AND OTHERS. Section 842(i) of title 18, United States Code, is amended by inserting "or possess" after "to receive". SEC. 519. SUMMARY DESTRUCTION OF EXPLOSIVES SUBJECT TO FORFEITURE. Section 844(c) of title 18, United States Code, is amended by redesignating subsection (c) as subsection (c)(1) and by adding paragraphs (2) and (3) as follows: "(2) Notwithstanding the provisions of paragraph (1), in the case of the seizure of any explosive materials for any offense for which the materials would be subject to forfeiture where it is impracticable or unsafe to remove the materials to a place of storage, or where it is unsafe to store them, the seizing officer is authorized to destroy the explosive materials forthwith. Any destruction under this paragraph shall be in the presence of at least one credible witness. The seizing officer shall make a report of the seizure and take samples as the Secretary may by regulation prescribe. "(3) Within sixty days after any destruction made pursuant to paragraph (2), the owner of, including any person having an interest in, the property so destroyed may make application to the Secretary for reimbursement of the value of the property. If the claimant establishes to the satisfaction of the Secretary that "(A) the property has not been used or involved in a violation of law; or "(B) any unlawful involvement or use of the property was without the claimant's knowledge, consent, or willful blindness, the Secretary shall make an allowance to the claimant not exceeding the value of the property destroyed.". SEC. 520. ELIMINATION OF OUTMODED LANGUAGE RELATING TO PAROLE. (a) Section 924(e)(1) of title 18, United States Code, is amended by striking ", and such person shall not be eligible for parole with respect to the sentence imposed under this subsection". (b) Section 924(c)(1) of title 18, United States Code, is amended by striking "No person sentenced under this subsection shall be eligible for parole during the term of imprisonment imposed herein.". SEC. 521. PROHIBITION AGAINST TRANSACTIONS INVOLVING STOLEN FIREARMS WHICH HAVE MOVED IN INTERSTATE OR FOREIGN COMMERCE. Section 922(j) of title 18, United States Code, is amended to read as follows: "(j) It shall be unlawful for any person to receive, possess, conceal, store, barter, sell, or dispose of any stolen firearm or stolen ammunition, or pledge or accept as security for a loan any stolen firearm or stolen ammunition, which is moving as, which is a part of, which constitutes, or which has been shipped or transported in, interstate or foreign commerce, either before or after it was stolen, knowing or having reasonable cause to believe that the firearm or ammunition was stolen.". SEC. 522. USING A FIREARM IN THE COMMISSION OF COUNTERFEITING OR FORGERY. Section 924(c)(1) of title 18, United States Code, is amended by inserting "or during and in relation to any felony punishable under chapter 25 (relating to counterfeiting and forgery) of this title" after "for which he may be prosecuted in a court of the United States," SEC. 523. MANDATORY PENALTIES FOR FIREARMS POSSESSION BY VIOLENT FELONS AND SERIOUS DRUG OFFENDERS. (a) 1 PRIOR CONVICTION.-Section 924(a)(2) of title 18, United States Code, is amended by inserting ", and if the violation is of section 922(g)(1) by a person who has a previous conviction for a violent felony or a serious drug offense (as defined in subsections (e)(2) (A) and (B) of this section), a sentence imposed under this paragraph shall include a term of imprisonment of not less than five years" before the period. (b) 2 PRIOR CONVICTIONS.-Section 924 of such title is amended by adding after the subsections added by sections 513 and 514(a) of this Act the following: "(k)(1) Notwithstanding subsection (a)(2) of this section, any person who violates section 922(g) and has 2 previous convictions by any court referred to in section 922(g)(1) for a violent felony (as defined in subsection (e)(2)(B) of this section) or a serious drug offense (as defined in subsection (e)(2)(A) of this section) committed on occasions different from one another shall be fined as provided in this title, imprisoned not less than 10 years and not more than 20 years, or both. "(2) Notwithstanding any other provision of law, the court shall not suspend the sentence of, or grant a probationary sentence to, such person with respect to the conviction under section 922(g).”. SEC. 524. RECEIPT OF FIREARMS BY NONRESIDENT. Section 922(a) of title 18, United States Code, is amended (1) in paragraph (7), by striking "and" at the end; (2) in paragraph (8), by striking the period at the end and inserting "; and"; and (3) by adding at the end the following: "(9) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, who does not reside in any State to receive any firearms unless such receipt is for lawful sporting purposes.". SEC. 525. FIREARMS AND EXPLOSIVES CONSPIRACY. (a) FIREARMS.-Section 924 of title 18, United States Code, is amended by adding after the subsections added by sections 513, 514(a), and 523(b) of this Act the following: "(1) Whoever conspires to commit any offense defined in this chapter shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy.". (b) EXPLOSIVES.-Section 844 of title 18, United States Code, is amended by adding after the subsection added by section 514(b) of this Act the following: "(1) Whoever conspires to commit any offense defined in this chapter shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy.". SEC. 526. STUDY OF INCENDIARY AMMUNITION; REPORT TO CONGRESS. (a) STUDY.-The Secretary of the Treasury shall conduct a study of the incendiary ammunition offered for sale under the brand name "Dragon's Breath" and also known as the "Three Second Flame Thrower", and all incendiary ammunition of similar function. or effect, for the purpose of determining whether there is a reasonable sporting use for such ammunition and whether there is a reasonable use for such ammunition in law enforcement. (b) REPORT TO THE CONGRESS.-Within 1 year after the date of the enactment of this Act, the Secretary of the Treasury shall submit to the Committee on the Judiciary of the House of Representatives a report containing the results of the study required by subsection (a) and recommendations for such legislative or administrative action, with respect to the ammunition referred to in subsection (a), as the Secretary deems appropriate. SEC. 527. THEFT OF FIREARMS OR EXPLOSIVES FROM LICENSEE. (a) FIREARMS.-Section 924 of title 18, United States Code, is amended by adding after the subsections added by sections 513, 514(a), 523(b), and 525(a) of this Act the following: "(m) Whoever steals any firearm from a licensed importer, licensed manufacturer, licensed dealer or licensed collector shall be fined in accordance with this title, imprisoned not more than ten years, or both.". (b) EXPLOSIVES.-Section 844 of title 18, United States Code, is amended by adding after the subsections added by sections 514(b) and 525(b) of this Act the following: "(m) Whoever steals any explosive material from a licensed importer, licensed manufacturer or licensed dealer, or from any permittee shall be fined in accordance with this title, imprisoned not more than ten years, or both.". SEC. 528. DISPOSING OF EXPLOSIVES TO PROHIBITED PERSONS. Section 842(d) of title 18, United States Code, is amended by striking "licensee" and inserting "person". SEC. 529. CLARIFICATION OF "BURGLARY" UNDER THE ARMED CAREER CRIMINAL STATUTE. Section 924(e)(2) of title 18, United States Code, is amended (1) in subparagraph (B)(ii), by striking "and" at the end; (2) in subparagraph (C), by striking the period and inserting "; and"; and (3) by adding at the end the following: "(D) the term 'burglary' means any crime punishable by a term of imprisonment exceeding one year and consisting of entering or remaining surreptitiously within a building that is the property of another with intent to engage in conduct constituting a Federal or State offense.". SEC. 530. INCREASED PENALTY FOR INTERSTATE GUN TRAFFICKING. Section 924 of title 18, United States Code, is amended by adding after the subsections added by sections 513, 514(a), 523(b), 525(a), and 527(a) of this Act the following: "(n) Whoever, with the intent to engage in conduct which constitutes a violation of section 922(a)(1)(A), travels from any State or foreign country into any other State and acquires, or attempts to acquire, a firearm in such other State in furtherance of such purpose shall be imprisoned for not more than 10 years.". TITLE VI-OBSTRUCTION OF JUSTICE SEC. 601. PROTECTION OF COURT OFFICERS AND JURORS. Section 1503 of title 18, United States Code, is amended (1) by designating the current text as subsection (a); (2) by striking "fined not more than $5,000 or imprisoned not more than five years, or both." and inserting "punished as provided in subsection (b)."; (3) by adding at the end the following: "(b) The punishment for an offense under this section is— "(1) in the case of a killing, the punishment provided in sections 1111 and 1112 of this title; "(2) in the case of an attempted killing, or a case in which the offense was committed against a petit juror and in which a class A or B felony was charged, imprisonment for not more than twenty years; and "(3) in any other case, imprisonment for not more than ten years."; and "(4) in subsection (a), as so designated by this section, by striking "commissioner" each place it appears and inserting "magistrate judge". SEC. 602. PROHIBITION OF RETALIATORY (1) by redesignating subsections (a) and (b) as subsections (b) and (c), respectively; and (2) by inserting after the section heading a new subsection (a) as follows: "(a)(1) Whoever kills or attempts to kill another person with intent to retaliate against any person for "(A) the attendance of a witness or party at an official proceeding, or any testimony given or any record, document, or other object produced by a witness in an official proceeding; or "(B) any information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, parole or release pending judicial proceedings given by a person to a law enforcement officer; shall be punished as provided in paragraph (2). "(2) The punishment for an offense under this subsection is "(A) in the case of a killing, the punishment provided in sections 1111 and 1112 of this title; and "(B) in the case of an attempt, imprisonment for not more than twenty years.". SEC. 603. DEATH PENALTY FOR THE MURDER OF STATE OFFICIALS ASSISTING FEDERAL LAW ENFORCEMENT OFFICIALS. (a) IN GENERAL.-Chapter 51 of title 18, United States Code, as amended by section 205 of this Act, is amended by adding at the end the following: "§ 1119. Killing persons aiding Federal investigations "Whoever intentionally kills "(1) a State or local official, law enforcement officer, or other officer or employee while working with Federal law enforcement officials in furtherance of a Federal criminal investigation "(A) while the victim is engaged in the performance of official duties; "(B) because of the performance of the victim's official duties; or "(C) because of the victim's status as a public servant; or "(2) any person assisting a Federal criminal investigation, while that assistance is being rendered and because of it, shall be sentenced according to the terms of section 1111 of title 18, United States Code, including by sentence of death or by imprisonment for life.". (b) CLERICAL AMENDMENT.-The table of sections at the beginning of chapter 51 of title 18, United States Code, is amended by adding at the end the following: "1119. Killing persons aiding Federal investigations.". SEC. 604. DEATH PENALTY FOR MURDER OF FEDERAL WITNESSES. Section 1512(a)(2)(A) of title 18, United States Code, is amended to read as follows: "(A) in the case of murder as defined in section 1111 of this title, the death penalty or imprisonment for life, and in the case of any other killing, the punishment provided in section 1112 of this title;". TITLE VII-YOUTH VIOLENCE SEC. 701. STRENGTHENING FEDERAL PENALTIES FOR EMPLOYING CHILDREN TO DISTRIBUTE DRUGS. Section 419 of the Controlled Substances Act (21 U.S.C. 860) is amended as follows: (1) at the end of subsection (b) by adding the following: "(c) Notwithstanding any other provision of law, any person at least 18 years of age who knowingly and intentionally— "(1) employs, hires, uses, persuades, induces, entices, or coerces, a person under 18 years of age to violate any provision of this section; or "(2) employs, hires, uses, persuades, induces, entices, or coerces, a person under 18 years of age to assist in avoiding detection or apprehension for any offense of this section by any Federal, State, or local law enforcement official, is punishable by a term of imprisonment, or fine, or both, up to triple that authorized by section 841(b) of this title."; (2) in subsection (c) by (A) striking "(c)" and inserting in lieu thereof "(d)"; (B) inserting "or (c)" after "imposed under subsection (b)"; and (C) inserting "or (c)" after "convicted under subsection (b)"; (3) in subsection (d) by striking "(d)" and inserting in lieu thereof "(e)". SEC. 702. INCREASED PENALTY FOR TRAVEL ACT VIOLATIONS. Section 1952(a) of title 18, United States Code, is amended by striking "and thereafter performs or attempts to perform any of the acts specified in subparagraphs (1), (2), and (3), shall be fined not more than $10,000 or imprisoned for not more than 5 years, or both" and inserting "and thereafter performs or attempts to perform (A) any of the acts specified in subparagraphs (1) and (3) shall be fined under this title or imprisoned for not more than 5 years, or both or (B) any of the acts specified in subparagraph (2) shall be fined under this title or imprisoned for not more than 20 years, or both, and if death results shall be imprisoned for any term of years or for life". SEC. 703. COMMENCEMENT OF JUVENILE PROCEEDING. Section 5032 of title 18, United States Code, is amended by striking "Any proceedings against a juvenile under this chapter or as an adult shall not be commenced until" and inserting "A juvenile shall not be transferred to adult prosecution nor shall a hearing be |