           *TITLE XXII-FINANCIAL INSTITUTION FRAUD PROSECUTIONS          * 
*SEC. 2201. SHORT TITLE.                                                 * 
*  This title may be cited as the "Financial Institutions Fraud          * 
*Prosecution Act of 1991".                                               * 
*SEC. 2202. FEDERAL DEPOSIT INSURANCE ACT AMENDMENT.                     * 
*  Section 19(a) of the Federal Deposit Insurance Act (12 U.S.C. 1829(a))* 
*is amended in paragraph (2)(A)(i)(I)-                                   * 
*      (1) by striking "or 1956"; and                                    * 
*      (2) by inserting "1517, 1956, or 1957".                           * 
*SEC. 2203. FEDERAL CREDIT UNION ACT AMENDMENTS.                         * 
*  Section 205(d) of the Federal Credit Union Act (12 U.S.C. 1785(d)) is * 
*amended to read as follows:                                             * 
*  "(d) PROHIBITION.-                                                    * 
*      "(1) IN GENERAL.-Except with prior written consent of the Board-  * 
*          "(A) any person who has been convicted of any criminal offense* 
*        involving dishonesty or a breach of trust, or has agreed to     * 
*        enter into a pretrial diversion or similar program in connection* 
*        with a prosecution for such offense, may not-                   * 
*              "(i) become, or continue as, an institution-affiliated    * 
*            party with respect to any insured credit union; or          * 
*              "(ii) otherwise participate, directly or indirectly, in   * 
*            the conduct of the affairs of any insured credit union; and * 
*          "(B) any insured credit union may not permit any person       * 
*        referred to in subparagraph (A) to engage in any conduct or     * 
*        continue any relationship prohibited under such subparagraph.   * 
*      "(2) MINIMUM 10-YEAR PROHIBITION PERIOD FOR CERTAIN OFFENSES.-    * 
*          "(A) IN GENERAL.-If the offense referred to in paragraph      * 
*        (1)(A) in connection with any person referred to in such        * 
*        paragraph is-                                                   * 
*              "(i) an offense under-                                    * 
*                  "(I) section 215, 656, 657, 1005, 1006, 1007, 1008,   * 
*                1014, 1032, 1344, 1517, 1956, or 1957 of title 18,      * 
*                United States Code; or                                  * 
*                  "(II) section 1341 or 1343 of such title which affects* 
*                any financial institution (as defined in section 20 of  * 
*                such title); or                                         * 
*              "(ii) the offense of conspiring to commit any such        * 
*            offense,                                                    * 
*        the Board may not consent to any exception to the application of* 
*        paragraph (1) to such person during the 10-year period beginning* 
*        on the date the conviction or the agreement of the person       * 
*        becomes final.                                                  * 
*          "(B) EXCEPTION BY ORDER OF SENTENCING COURT.-                 * 
*              "(i) IN GENERAL.-On motion of the Board, the court in     * 
*            which the conviction or the agreement of a person referred  * 
*            to in subparagraph (A) has been entered may grant an        * 
*            exception to the application of paragraph (1) to such person* 
*            if granting the exception is in the interest of justice.    * 
*              "(ii) PERIOD FOR FILING.-A motion may be filed under      * 
*            clause (i) at any time during the 10-year period described  * 
*            in subparagraph (A) with regard to the person on whose      * 
*            behalf such motion is made.                                 *
*      "(3) PENALTY.-WHOEVER KNOWINGLY VIOLATES PARAGRAPH (1) OR (2)     * 
*    SHALL BE FINED NOT MORE THAN $1,000,000 FOR EACH DAY SUCH           * 
*    PROHIBITION IS VIOLATED OR IMPRISONED FOR NOT MORE THAN 5 YEARS, OR * 
*    BOTH.".                                                             * 
*SEC. 2204. CRIME CONTROL ACT AMENDMENT.                                 * 
*  Section 2546 of the Crime Control Act of 1990 (Public Law 101-647, 104* 
*Stat. 4885) is amended by adding at the end the following new           * 
*subsection:                                                             * 
*  "(c) FRAUD TASK FORCES REPORT.-IN ADDITION TO THE REPORTS REQUIRED    * 
*UNDER SUBSECTION (A), THE ATTORNEY GENERAL IS ENCOURAGED TO SUBMIT A    * 
*REPORT TO THE CONGRESS CONTAINING THE FINDINGS OF THE FINANCIAL         * 
*INSTITUTIONS FRAUD TASK FORCES ESTABLISHED UNDER SECTION 2539 AS THEY   * 
*RELATE TO THE COLLAPSE OF PRIVATE DEPOSIT INSURANCE CORPORATIONS,       * 
*TOGETHER WITH RECOMMENDATIONS FOR ANY REGULATORY OR LEGISLATIVE CHANGES * 
*NECESSARY TO PREVENT SUCH COLLAPSES IN THE FUTURE.".                    * 
           *TITLE XXIII-SAVINGS AND LOAN PROSECUTION TASK FORCE          * 
*SEC. 2301. SAVINGS AND LOAN PROSECUTION TASK FORCE.                     * 
*  The Attorney General shall establish within the Justice Department a  * 
*savings and loan criminal fraud task force to prosecute in an aggressive* 
*manner those criminal cases involving savings and loan institutions.    * 
                    *TITLE XXIV-SENTENCING PROVISIONS                    * 
*SEC. 2401. IMPOSITION OF SENTENCE.                                      * 
*  Section 3553(a)(4) of title 18, United States Code, is amended to read* 
*as follows:                                                             * 
*      "(4) the kinds of sentence and the sentencing range established   * 
*    for-                                                                * 
*          "(A) the applicable category of offense committed by the      * 
*        applicable category of defendant as set forth in the guidelines * 
*        issued by the Sentencing Commission pursuant to section         * 
*        994(a)(1) of title 28, United States Code, and that are in      * 
*        effect on the date the defendant is sentenced; or               * 
*          "(B) in the case of a violation of probation or supervised    * 
*        release, the applicable guidelines or policy statements issued  * 
*        by the Sentencing Commission pursuant to section 994(a)(3) of   * 
*        title 28, United States Code;".                                 * 
*SEC. 2402. TECHNICAL AMENDMENT TO MANDATORY CONDITIONS OF PROBATION.    * 
*  Section 3563(a)(3) of title 18, United States Code, is amended by     * 
*striking "possess illegal controlled substances" and inserting          * 
*"unlawfully possess a controlled substance".                            * 
*SEC. 2403. SUPERVISED RELEASE AFTER IMPRISONMENT.                       * 
*  Section 3583 of title 18, United States Code, is amended-             * 
*      (1) in subsection (d), by striking "possess illegal controlled    * 
*    substances" and inserting "unlawfully possess a controlled          * 
*    substance";                                                         * 
*      (2) in subsection (e)-                                            * 
*          (A) by striking "person" each place such term appears in such * 
*        subsection and inserting "defendant"; and                       * 
*          (B) by amending paragraph (3) to read as follows:             * 
*      "(3) revoke a term of supervised release, and require the         * 
*    defendant to serve in prison all or part of the term of supervised  * 
*    release authorized by statute for the offense that resulted in such * 
*    term of supervised release without credit for time previously served* 
*    on postrelease supervision, if the court, pursuant to the Federal   * 
*    Rules of Criminal Procedure applicable to revocation of probation or* 
*    supervised release, finds by a preponderance of the evidence that   *
*    the defendant violated a condition of supervised release, except    * 
*    that a defendant whose term is revoked under this paragraph may not * 
*    be required to serve more than 5 years in prison if the offense that* 
*    resulted in the term of supervised release is a class A felony, more* 
*    than 3 years in prison if such offense is a class B felony, more    * 
*    than 2 years in prison if such offense is a class C or D felony, or * 
*    more than one year in any other case; or"; and                      * 
*      (3) by adding at the end the following new subsections:           * 
*  "(h) SUPERVISED RELEASE FOLLOWING REVOCATION.-WHEN A TERM OF          * 
*SUPERVISED RELEASE IS REVOKED AND THE DEFENDANT IS REQUIRED TO SERVE A  * 
*TERM OF IMPRISONMENT THAT IS LESS THAN THE MAXIMUM TERM OF IMPRISONMENT * 
*AUTHORIZED UNDER SUBSECTION (E)(3), THE COURT MAY INCLUDE A REQUIREMENT * 
*THAT THE DEFENDANT BE PLACED ON A TERM OF SUPERVISED RELEASE AFTER      * 
*IMPRISONMENT. THE LENGTH OF SUCH A TERM OF SUPERVISED RELEASE SHALL NOT * 
*EXCEED THE TERM OF SUPERVISED RELEASE AUTHORIZED BY STATUTE FOR THE     * 
*OFFENSE THAT RESULTED IN THE ORIGINAL TERM OF SUPERVISED RELEASE, LESS  * 
*ANY TERM OF IMPRISONMENT THAT WAS IMPOSED UPON REVOCATION OF SUPERVISED * 
*RELEASE.                                                                * 
*  "(I) DELAYED REVOCATION.-THE POWER OF THE COURT TO REVOKE A TERM OF   * 
*SUPERVISED RELEASE FOR VIOLATION OF A CONDITION OF SUPERVISED RELEASE,  * 
*AND TO ORDER THE DEFENDANT TO SERVE A TERM OF IMPRISONMENT AND, SUBJECT * 
*TO THE LIMITATIONS IN SUBSECTION (H), A FURTHER TERM OF SUPERVISED      * 
*RELEASE, EXTENDS BEYOND THE EXPIRATION OF THE TERM OF SUPERVISED RELEASE* 
*FOR ANY PERIOD REASONABLY NECESSARY FOR THE ADJUDICATION OF MATTERS     * 
*ARISING BEFORE ITS EXPIRATION IF, BEFORE ITS EXPIRATION, A WARRANT OR   * 
*SUMMONS HAS BEEN ISSUED ON THE BASIS OF AN ALLEGATION OF SUCH A         * 
*VIOLATION.".                                                            * 
*SEC. 2404. FLEXIBILITY IN APPLICATION OF MANDATORY MINIMUM SENTENCE     * 
*PROVISIONS IN CERTAIN CIRCUMSTANCES.                                    * 
*  (a) AMENDMENT OF TITLE 18, UNITED STATES CODE.-SECTION 3553 OF TITLE  * 
*18, UNITED STATES CODE, IS AMENDED BY ADDING AT THE END THE FOLLOWING   * 
*NEW SUBSECTION:                                                         * 
*  "(F) MANDATORY MINIMUM SENTENCE PROVISIONS.-                          * 
*      "(1) SENTENCING UNDER THIS SECTION.-IN THE CASE OF AN OFFENSE     * 
*    DESCRIBED IN PARAGRAPH (2), THE COURT SHALL, NOTWITHSTANDING THE    * 
*    REQUIREMENT OF A MANDATORY MINIMUM SENTENCE IN THAT SECTION, IMPOSE * 
*    A SENTENCE IN ACCORDANCE WITH THIS SECTION AND THE SENTENCING       * 
*    GUIDELINES AND ANY PERTINENT POLICY STATEMENT ISSUED BY THE UNITED  * 
*    STATES SENTENCING COMMISSION.                                       * 
*      "(2) OFFENSES.-AN OFFENSE IS DESCRIBED IN THIS PARAGRAPH IF-      * 
*          "(A) THE DEFENDANT IS SUBJECT TO A MANDATORY MINIMUM TERM OF  * 
*        IMPRISONMENT UNDER SECTION 401 OR 402 OF THE CONTROLLED         * 
*        SUBSTANCES ACT (21 U.S.C. 841 AND 844) OR SECTION 1010 OF THE   * 
*        CONTROLLED SUBSTANCES IMPORT AND EXPORT ACT (21 U.S.C. 960);    * 
*          "(B) THE DEFENDANT DOES NOT HAVE-                             * 
*              "(I) MORE THAN 0 CRIMINAL HISTORY POINT UNDER THE         * 
*            SENTENCING GUIDELINES; OR                                   * 
*              "(II) ANY PRIOR CONVICTION, FOREIGN OR DOMESTIC, FOR A    * 
*            CRIME OF VIOLENCE AGAINST THE PERSON OR DRUG TRAFFICKING    * 
*            OFFENSE THAT RESULTED IN A SENTENCE OF IMPRISONMENT (OR AN  * 
*            ADJUDICATION AS A JUVENILE DELINQUENT FOR AN ACT THAT, IF   * 
*            COMMITTED BY AN ADULT, WOULD CONSTITUTE A CRIME OF VIOLENCE * 
*            AGAINST THE PERSON OR DRUG TRAFFICKING OFFENSE;             * 
*          "(C) THE OFFENSE DID NOT RESULT IN DEATH OR SERIOUS BODILY    * 
*        INJURY (AS DEFINED IN SECTION 1365) TO ANY PERSON-              *
*              "(I) AS A RESULT OF THE ACT OF ANY PERSON DURING THE      * 
*            COURSE OF THE OFFENSE; OR                                   * 
*              "(II) AS A RESULT OF THE USE BY ANY PERSON OF A CONTROLLED* 
*            SUBSTANCE THAT WAS INVOLVED IN THE OFFENSE;                 * 
*          "(D) THE DEFENDANT DID NOT CARRY OR OTHERWISE HAVE POSSESSION * 
*        OF A FIREARM (AS DEFINED IN SECTION 921) OR OTHER DANGEROUS     * 
*        WEAPON DURING THE COURSE OF THE OFFENSE AND DID NOT DIRECT      * 
*        ANOTHER PERSON WHO POSSESSED A FIREARM TO DO SO AND THE         * 
*        DEFENDANT HAD NO KNOWLEDGE OF ANY OTHER CONSPIRATOR INVOLVED    * 
*        POSSESSING A FIREARM;                                           * 
*          "(E) THE DEFENDANT WAS NOT AN ORGANIZER, LEADER, MANAGER, OR  * 
*        SUPERVISOR OF OTHERS (AS DEFINED OR DETERMINED UNDER THE        * 
*        SENTENCING GUIDELINES) IN THE OFFENSE; AND                      * 
*          "(F) THE DEFENDANT WAS NONVIOLENT IN THAT THE DEFENDANT DID   * 
*        NOT USE, ATTEMPT TO USE, OR MAKE A CREDIBLE THREAT TO USE       * 
*        PHYSICAL FORCE AGAINST THE PERSON OF ANOTHER DURING THE COURSE  * 
*        OF THE OFFENSE.                                                 * 
*          "(G) THE DEFENDANT DID NOT OWN THE DRUGS, FINANCE ANY PART OF * 
*        THE OFFENSE OR SELL THE DRUGS.".                                * 
*  (B) HARMONIZATION.-                                                   * 
*      (1) IN GENERAL.-THE UNITED STATES SENTENCING COMMISSION-          * 
*          (A) MAY MAKE SUCH AMENDMENTS AS IT DEEMS NECESSARY AND        * 
*        APPROPRIATE TO HARMONIZE THE SENTENCING GUIDELINES AND POLICY   * 
*        STATEMENTS WITH SECTION 3553(F) OF TITLE 18, UNITED STATES CODE,* 
*        AS ADDED BY SUBSECTION (A), AND PROMULGATE POLICY STATEMENTS TO * 
*        ASSIST THE COURTS IN INTERPRETING THAT PROVISION; AND           * 
*          (B) SHALL AMEND THE SENTENCING GUIDELINES, IF NECESSARY, TO   * 
*        ASSIGN TO AN OFFENSE UNDER SECTION 401 OR 402 OF THE CONTROLLED * 
*        SUBSTANCES ACT (21 U.S.C. 841 AND 844) OR SECTION 1010 OF THE   * 
*        CONTROLLED SUBSTANCES IMPORT AND EXPORT ACT (21 U.S.C. 960) TO  * 
*        WHICH A MANDATORY MINIMUM TERM OF IMPRISONMENT APPLIES A        * 
*        GUIDELINE LEVEL THAT WILL RESULT IN THE IMPOSITION OF A TERM OF * 
*        IMPRISONMENT AT LEAST EQUAL TO THE MANDATORY TERM OF            * 
*        IMPRISONMENT THAT IS CURRENTLY APPLICABLE  UNLESS A DOWNWARD    * 
*        ADJUSTMENT IS AUTHORIZED UNDER SECTION 3553(F) OF TITLE 18,     * 
*        UNITED STATES CODE, AS ADDED BY SUBSECTION (A).                 * 
*      (2) IF THE COMMISSION DETERMINES THAT AN EXPEDITED PROCEDURE IS   * 
*    NECESSARY IN ORDER FOR AMENDMENTS MADE PURSUANT TO PARAGRAPH (1) TO * 
*    BECOME EFFECTIVE ON THE EFFECTIVE DATE SPECIFIED IN SUBSECTION (C), * 
*    THE COMMISSION MAY PROMULGATE SUCH AMENDMENTS AS EMERGENCY          * 
*    AMENDMENTS UNDER THE PROCEDURES SET FORTH IN SECTION 21(A) OF THE   * 
*    SENTENCING ACT OF 1987 (PUBLIC LAW 100-182; 101 STAT. 1271), AS     * 
*    THOUGH THE AUTHORITY UNDER THAT SECTION HAD NOT EXPIRED.            * 
*  (C) EFFECTIVE DATE.-THE AMENDMENT MADE BY SUBSECTION (A) AND ANY      * 
*AMENDMENTS TO THE SENTENCING GUIDELINES MADE BY THE UNITED STATES       * 
*SENTENCING COMMISSION PURSUANT TO SUBSECTION (B) SHALL APPLY WITH       * 
*RESPECT TO SENTENCES IMPOSED FOR OFFENSES COMMITTED ON OR AFTER THE DATE* 
*THAT IS 60 DAYS AFTER THE DATE OF ENACTMENT OF THIS ACT. NOTWITHSTANDING* 
*ANY OTHER PROVISION OF LAW, ANY DEFENDANT WHO HAS BEEN SENTENCED        * 
*PURSUANT TO SECTION 3553(F) WHO IS SUBSEQUENTLY CONVICTED OF A VIOLATION* 
*OF THE CONTROLLED SUBSTANCES ACT OR ANY CRIME OF VIOLENCE FOR WHICH     * 
*IMPOSITION OF A MANDATORY MINIMUM TERM OF IMPRISONMENT IS REQUIRED, HE  * 
*OR SHE SHALL BE SENTENCED TO AN ADDITIONAL 5 YEARS IMPRISONMENT.        * 
*SEC. 2405. MANDATORY PRISON TERMS FOR USE, POSSESSION, OR CARRYING OF A * 
*FIREARM OR DESTRUCTIVE DEVICE DURING A STATE CRIME OF VIOLENCE OR STATE *
*DRUG TRAFFICKING CRIME.                                                 * 
*  Section 924(c) of title 18, United States Code, is amended by adding  * 
*at the end the following new paragraph:                                 * 
*  "(4)(A) A person who, during and in relation to a crime of violence or* 
*drug trafficking crime (including a crime of violence or drug           * 
*trafficking crime that provides for an enhanced punishment if committed * 
*by the use of a deadly or dangerous weapon or device) for which the     * 
*person may be prosecuted in a court of any State-                       * 
*      "(i) in the case of a first conviction of such a crime, in        * 
*    addition to the sentence imposed for the crime of violence or drug  * 
*    trafficking crime-                                                  * 
*          "(I) knowingly possesses a firearm shall be imprisoned not    * 
*        less than 10 years;                                             * 
*          "(II) discharges a firearm with intent to injure another      * 
*        person shall be imprisoned not less than 20 years; or           * 
*          "(III) knowingly possesses a firearm that is a machinegun or  * 
*        destructive device or is equipped with a firearm silencer or    * 
*        firearm muffler shall be imprisoned not less than 30 years;     * 
*      "(ii) in the case of a second conviction of such a crime, in      * 
*    addition to the sentence imposed for the crime of violence or drug  * 
*    trafficking crime-                                                  * 
*          "(I) shall be imprisoned not less than 20 years if the person * 
*        was in possession of a firearm during and in relation to the    * 
*        crime of violence or drug trafficking crime;                    * 
*          "(II) shall be imprisoned not less than 30 years if the person* 
*        discharged a firearm during and in relation to the crime of     * 
*        violence or drug trafficking crime; or                          * 
*          "(III) if the person discharges a firearm that is a machinegun* 
*        or a destructive device or is equipped with a firearm silencer  * 
*        or firearm muffler, shall be imprisoned for life; and           * 
*      "(iii) in the case of a third or subsequent conviction of such a  * 
*    crime, shall be imprisoned for life.                                * 
*  "(B)(i) Notwithstanding any other law, a court shall not place on     * 
*probation or suspend the sentence of any person convicted of a violation* 
*of this subsection, nor shall a term of imprisonment imposed under this * 
*subsection run concurrently with any other term of imprisonment         * 
*including that imposed for the crime of violence or drug trafficking    * 
*crime in which the firearm was used.                                    * 
*  "(ii) No person sentenced under this subsection shall be released for * 
*any reason whatsoever during a term of imprisonment imposed under this  * 
*paragraph.                                                              * 
*  "(C) For the purposes of paragraph (A), a person shall be considered  * 
*to be in possession of a firearm if-                                    * 
*      "(i) in the case of a crime of violence, the person touches a     * 
*    firearm at the scene of the crime at any time during the commission * 
*    of the crime; and                                                   * 
*      "(ii) in the case of a drug trafficking crime, the person has a   * 
*    firearm readily available at the scene of the crime.                * 
*  "(D) Except in the case of a person who engaged in or participated in * 
*criminal conduct that gave rise to the occasion for the person's use of * 
*a firearm, this paragraph has no application to a person who may be     * 
*found to have committed a criminal act while acting in defense of person* 
*or property during the course of a crime being committed by another     * 
*person (including the arrest or attempted arrest of the offender during * 
*or immediately after the commission of the crime).                      *
*  "(E) In this paragraph-                                               * 
*      "'crime of violence' means an offense that is punishable by       * 
*    imprisonment for more than 1 year and-                              * 
*          "(I) has as an element the use, attempted use, or threatened  * 
*        use of physical force against the person or property of another;* 
*        or                                                              * 
*          "(II) by its nature involves a substantial risk that physical * 
*        force against the person or property of another may be used     * 
*        during the course of the offense.                               * 
*    "'drug trafficking crime' means a crime punishable by imprisonment  * 
*    for more than 1 year involving the manufacture, distribution,       * 
*    possession, cultivation, sale, or transfer of a controlled          * 
*    substance, controlled substance analogue, immediate precursor, or   * 
*    listed chemical (as those terms are defined in section 102 of the   * 
*    Controlled Substance Act (21 U.S.C. 802)), or an attempt or         * 
*    conspiracy to commit such a crime.                                  * 
*  "(F) It is the intent of Congress that-                               * 
*      "(i) this paragraph shall be used to supplement but not supplant  * 
*    the efforts of State and local prosecutors in prosecuting crimes of * 
*    violence and drug trafficking crimes that could be prosecuted under * 
*    State law; and                                                      * 
*      "(ii) the Attorney General shall give due deference to the        * 
*    interest that a State or local prosecutor has in prosecuting a      * 
*    person under State law.                                             * 
*  "(G) This paragraph does not create any rights, substantive or        * 
*procedural, enforceable at law by any party in any manner, civil or     * 
*criminal, nor does it place any limitations on otherwise lawful         * 
*prerogatives of the Attorney General.                                   * 
*  "(H) There is a Federal jurisdiction over an offense under this       * 
*paragraph if a firearm involved in the offense has moved at any time in * 
*interstate or foreign commerce.".                                       * 
*SEC. 2406. MURDER INVOLVING FIREARM.                                    * 
*  (a) IN GENERAL.-CHAPTER 51 OF TITLE 18, UNITED STATES CODE, AS AMENDED* 
*BY SECTION 504(A), IS AMENDED BY ADDING AT THE END THE FOLLOWING        * 
*SECTION:                                                                * 
*"1122. Murder involving firearm                                         * 
*  "(a) OFFENSE.-A PERSON WHO HAS BEEN FOUND GUILTY OF CAUSING, THROUGH  * 
*THE USE OF A FIREARM, AS DEFINED IN SECTION 921 OF THIS TITLE, THE DEATH* 
*OF ANOTHER PERSON, INTENTIONALLY, KNOWINGLY, OR THROUGH RECKLESSNESS    * 
*MANIFESTING EXTREME INDIFFERENCE TO HUMAN LIFE, OR THROUGH THE          * 
*INTENTIONAL INFLICTION OF SERIOUS BODILY INJURY, SHALL BE PUNISHED BY   * 
*DEATH OR IMPRISONED FOR ANY TERM OF YEARS OR FOR LIFE. WHENEVER THE     * 
*GOVERNMENT SEEKS A SENTENCE OF DEATH UNDER THIS SECTION, THE PROCEDURES * 
*SET FORTH IN TITLE 18, CHAPTER 228, SHALL APPLY.                        * 
*  "(B) JURISDICTION.-THERE IS FEDERAL JURISDICTION OVER AN OFFENSE UNDER* 
*THIS SECTION IF-                                                        * 
*      "(1) THE CONDUCT OF THE OFFENDER OCCURRED IN THE COURSE OF AN     * 
*    OFFENSE AGAINST THE UNITED STATES; OR                               * 
*      "(2) A FIREARM INVOLVED IN THE OFFENSE HAS MOVED AT ANY TIME IN   * 
*    INTERSTATE OR FOREIGN COMMERCE.                                     * 
*  "(C) IT IS THE INTENT OF CONGRESS THAT-                               * 
*      "(1) THIS PARAGRAPH SHALL BE USED TO SUPPLEMENT BUT NOT SUPPLANT  * 
*    THE EFFORTS OF STATE AND LOCAL PROSECUTORS IN PROSECUTING MURDERS   * 
*    INVOLVING FIREARMS THAT HAVE MOVED IN INTERSTATE OR FOREIGN COMMERCE* 
*    THAT COULD BE PROSECUTED UNDER STATE LAW; AND                       *
*      "(2) THE ATTORNEY GENERAL SHALL GIVE DUE DEFERENCE TO THE INTEREST* 
*    THAT A STATE OR LOCAL PROSECUTOR HAS IN PROSECUTING A PERSON UNDER  * 
*    STAATE LAW.                                                         * 
*  "(D) THIS PARAGRAPH DOES NOT CREATE ANY RIGHTS, SUBSTANTIVE OR        * 
*PROCEDURAL, ENFORCEABLE AT LAW BY ANY PARTY IN ANY MANNER, CIVIL OR     * 
*CRIMINAL, NOR DOES IT PLACE ANY LIMITATIONS ON OTHERWISE LAWFUL         * 
*PREROGRATIVES OF THE ATTORNEY GENERAL.".                                * 
*  (B) TECHNICAL AMENDMENT.-THE CHAPTER ANALYSIS FOR CHAPTER 51 OF TITLE * 
*18, UNITED STATES CODE, AS AMENDED BY SECTION 504(B), IS AMENDED BY     * 
*ADDING AT THE END THE FOLLOWING NEW ITEM:                               * 
*"Sec. 1122. Murder involving firearm.".                                 * 
*SEC. 2407. MANDATORY MINIMUM PRISON SENTENCES FOR THOSE WHO SELL ILLEGAL* 
*DRUGS TO MINORS OR WHO USE MINORS IN DRUG TRAFFICKING ACTIVITIES.       * 
*  (a) DISTRIBUTION TO PERSONS UNDER AGE 18.-Section 418 of the          * 
*Controlled Substances Act (21 U.S.C. 859) is amended-                   * 
*      (1) in subsection (a) (first offense) by inserting after the      * 
*    second sentence "Except to the extent a greater minimum sentence is * 
*    otherwise provided by section 401(b),  a term of imprisonment under * 
*    this subsection in a case involving distribution to a person under  * 
*    18 years of age by a person 21 or more years of age shall be not    * 
*    less than 10 years. Notwithstanding any other provision of law, the * 
*    court shall not place on probation or suspend the sentence of any   * 
*    person sentenced under the preceding sentence."; and                * 
*      (2) in subsection (b) (second offense) by inserting after the     * 
*    second sentence "Except to the extent a greater sentence is         * 
*    otherwise authorized by section 401(b), a term of imprisonment under* 
*    this subsection in a case involving distribution to a person under  * 
*    18 years of age by a person 21 or more years of age shall be a      * 
*    mandatory term of life imprisonment. Notwithstanding any other      * 
*    provision of law, the court shall not place on probation or suspend * 
*    the sentence of any person sentenced under the preceding sentence.".* 
*  (b) EMPLOYMENT OF PERSONS UNDER 18 YEARS OF AGE.-SECTION 420 OF THE   * 
*CONTROLLED SUBSTANCES ACT (21 U.S.C.  861) IS AMENDED-                  * 
*      (1) IN SUBSECTION (B) BY ADDING AT THE END THE FOLLOWING: "EXCEPT * 
*    TO THE EXTENT A GREATER MINIMUM SENTENCE IS OTHERWISE PROVIDED, A   * 
*    TERM OF IMPRISONMENT OF A PERSON 21 OR MORE YEARS OF AGE CONVICTED  * 
*    UNDER THIS SUBSECTION SHALL BE NOT LESS THAN 10 YEARS.              * 
*    NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COURT SHALL NOT     * 
*    PLACE ON PROBATION OR SUSPEND THE SENTENCE OF ANY PERSON SENTENCED  * 
*    UNDER THE PRECEDING SENTENCE."; AND                                 * 
*      (2) IN SUBSECTION (C) (PENALTY FOR SECOND OFFENSES) BY INSERTING  * 
*    AFTER THE SECOND SENTENCE THE FOLLOWING: "EXCEPT TO THE EXTENT A    * 
*    GREATER MINIMUM SENTENCE IS OTHERWISE PROVIDED, A TERM OF           * 
*    IMPRISONMENT OF A PERSON 21 OR MORE YEARS OF AGE CONVICTED UNDER    * 
*    THIS SUBSECTION SHALL BE A MANDATORY TERM OF LIFE IMPRISONMENT.     * 
*    NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COURT SHALL NOT     * 
*    PLACE ON PROBATION OR SUSPEND THE SENTENCE OF ANY PERSON SENTENCED  * 
*    UNDER THE PRECEDING SENTENCE.".                                     * 
*SEC. 2408. LIFE IMPRISONMENT WITHOUT RELEASE FOR DRUG FELONS AND VIOLENT* 
*CRIMINALS CONVICTED A THIRD TIME.                                       * 
*  Section 401(b)(1)(A) of the Controlled Substances Act (21 U.S.C.      * 
*841(b)(1)(A)) is amended by striking "If any person commits a violation * 
*of this subparagraph or of section 418, 419, or 420 after two or more   * 
*prior convictions for a felony drug offense have become final, such     * 
*person shall be sentenced to a mandatory term of life imprisonment      *
*without release and fined in accordance with the preceding sentence."   * 
*and inserting "If any person commits a violation of this subparagraph or* 
*of section 418, 419, or 420 (21 U.S.C. 859, 860, and 861) or a crime of * 
*violence after 2 or more prior convictions for a felony drug offense or * 
*crime of violence or for any combination thereof have become final, such* 
*person shall be sentenced to not less than a mandatory term of life     * 
*imprisonment without release and fined in accordance with the preceding * 
*sentence. For purposes of this subparagraph, the term 'crime of         * 
*violence' means an offense that is a felony punishable by a maximum term* 
*of imprisonment of 10 years or more and has as an element the use,      * 
*attempted use, or threatened use of physical force against the person or* 
*property of another, or by its nature involves a substantial risk that  * 
*physical force against the person or property of another may be used in * 
*the course of committing the offense.".                                 * 
*SEC. 2409. DIRECTION TO UNITED STATES SENTENCING COMMISSION REGARDING   * 
*SENTENCING ENHANCEMENTS FOR HATE CRIMES.                                * 
*  (a) DEFINITION.-IN THIS SECTION, "HATE CRIME" MEANS A CRIME IN WHICH  * 
*THE DEFENDANT INTENTIONALLY SELECTS A VICTIM, OR IN THE CASE OF A       * 
*PROPERTY CRIME, THE PROPERTY THAT IS THE OBJECT OF THE CRIME, BECAUSE OF* 
*THE ACTUAL OR PERCEIVED RACE, COLOR, RELIGION, NATIONAL ORIGIN,         * 
*ETHNICITY, GENDER, DISABILITY, OR SEXUAL ORIENTATION OF ANY PERSON.     * 
*  (B) SENTENCING ENHANCEMENT.-PURSUANT TO SECTION 994 OF TITLE 28,      * 
*UNITED STATES CODE, THE UNITED STATES SENTENCING COMMISSION SHALL       * 
*PROMULGATE GUIDELINES OR AMEND EXISTING GUIDELINES TO PROVIDE SENTENCING* 
*ENHANCEMENTS OF NOT LESS THAN 3 OFFENSE LEVELS FOR OFFENSES THAT THE    * 
*FINDER OF FACT AT TRIAL DETERMINES BEYOND A REASONABLE DOUBT ARE HATE   * 
*CRIMES. IN CARRYING OUT THIS SECTION, THE UNITED STATES SENTENCING      * 
*COMMISSION SHALL ENSURE THAT THERE IS REASONABLE CONSISTENCY WITH OTHER * 
*GUIDELINES, AVOID DUPLICATIVE PUNISHMENTS FOR SUBSTANTIALLY THE SAME    * 
*OFFENSE, AND TAKE INTO ACCOUNT ANY MITIGATING CIRCUMSTANCES THAT MIGHT  * 
*JUSTIFY EXCEPTIONS.                                                     * 
*SEC. 2410. CONFIRMATION OF INTENT OF CONGRESS IN ENACTING SECTIONS 2252 * 
*AND 2256 OF TITLE 18, UNITED STATES CODE.                               * 
*  (a) DECLARATION.-THE CONGRESS DECLARES THAT IN ENACTING SECTIONS 2252 * 
*AND 2256 OF TITLE 18, UNITED STATES CODE, IT WAS AND IS THE INTENT OF   * 
*CONGRESS THAT-                                                          * 
*      (1) THE SCOPE OF "EXHIBITION OF THE GENITALS OR PUBIC AREA" IN    * 
*    SECTION 2256(2)(E), IN THE DEFINITION OF "SEXUALLY EXPLICIT         * 
*    CONDUCT", IS NOT LIMITED TO NUDE EXHIBITIONS OR EXHIBITIONS IN WHICH* 
*    THE OUTLINES OF THOSE AREAS WERE DISCERNIBLE THROUGH CLOTHING; AND  * 
*      (2) THE REQUIREMENTS IN SECTION 2252(A) (1)(A), (2)(A), (3)(B)(I),* 
*    AND (4)(B)(I) THAT THE PRODUCTION OF A VISUAL DEPICTION INVOLVE THE * 
*    USE OF A MINOR ENGAGING IN "SEXUALLY EXPLICIT CONDUCT" OF THE KIND  * 
*    DESCRIBED IN SECTION 2256(2)(E) ARE SATISFIED IF A PERSON           * 
*    PHOTOGRAPHS A MINOR IN SUCH A WAY AS TO EXHIBIT THE CHILD IN A      * 
*    LASCIVIOUS MANNER.                                                  * 
*  (B) SENSE OF THE CONGRESS.-IT IS THE SENSE OF THE CONGRESS THAT IN    * 
*FILING ITS BRIEF IN UNITED STATES V. KNOX, NO. 92-1183, AND THEREBY     * 
*DEPRIVING THE UNITED STATES SUPREME COURT OF THE ADVERSENESS NECESSARY  * 
*FOR FULL AND FAIR PRESENTATION OF THE ISSUES ARISING IN THE CASE, THE   * 
*DEPARTMENT OF JUSTICE DID NOT ACCURATELY REFLECT THE INTENT OF CONGRESS * 
*IN ARGUING THAT "THE VIDEOTAPES IN THE KNOX CASE CONSTITUTE           * 
*'LASCIVIOUS EXHIBITION S OF THE GENITALS OR PUBIC AREA' ONLY IF THOSE  * 
*BODY PARTS ARE VISIBLE IN THE TAPES AND THE MINORS POSED OR ACTED       * 
*LASCIVIOUSLY.".                                                         *
             *TITLE XXV-SENTENCING AND MAGISTRATES AMENDMENTS            * 
*SEC. 2501. AUTHORIZATION OF PROBATION FOR PETTY OFFENSES IN CERTAIN     * 
*CASES.                                                                  * 
*  Section 3561(a)(3) of title 18, United States Code, is amended by     * 
*adding at the end: "However, this paragraph does not preclude the       * 
*imposition of a sentence to a term of probation for a petty offense if  * 
*the defendant has been sentenced to a term of imprisonment at the same  * 
*time for another such offense.".                                        * 
*SEC. 2502. TRIAL BY A MAGISTRATE IN PETTY OFFENSE CASES.                * 
*  Section 3401 of title 18, United States Code, is amended-             * 
*      (1) in subsection (b) by adding "other than a petty offense" after* 
*    "misdemeanor"; and                                                  * 
*      (2) in subsection (g) by amending the first sentence to read as   * 
*    follows: "The magistrate judge may, in a petty offense case         * 
*    involving a juvenile, exercise all powers granted to the district   * 
*    court under chapter 403 of this title.".                            * 
                        *TITLE XXVI-COMPUTER CRIME                       * 
*SEC. 2601. COMPUTER ABUSE AMENDMENTS ACT OF 1993.                       * 
*  (a) SHORT TITLE.-This title may be cited as the "Computer Abuse       * 
*Amendments Act of 1993".                                                * 
*  (b) PROHIBITION.-SECTION 1030(A)(5) OF TITLE 18, UNITED STATES CODE,  * 
*IS AMENDED TO READ AS FOLLOWS:                                          * 
*      "(5)(A) THROUGH MEANS OF A COMPUTER USED IN INTERSTATE COMMERCE OR* 
*    COMMUNICATIONS, KNOWINGLY CAUSES THE TRANSMISSION OF A PROGRAM,     * 
*    INFORMATION, CODE, OR COMMAND TO A COMPUTER OR COMPUTER SYSTEM IF-  * 
*          "(I) THE PERSON CAUSING THE TRANSMISSION INTENDS THAT SUCH    * 
*        TRANSMISSION WILL-                                              * 
*              "(I) DAMAGE, OR CAUSE DAMAGE TO, A COMPUTER, COMPUTER     * 
*            SYSTEM, NETWORK, INFORMATION, DATA, OR PROGRAM; OR          * 
*              "(II) WITHHOLD OR DENY, OR CAUSE THE WITHHOLDING OR       * 
*            DENIAL, OF THE USE OF A COMPUTER, COMPUTER SERVICES, SYSTEM * 
*            OR NETWORK, INFORMATION, DATA OR PROGRAM; AND               * 
*          "(II) THE TRANSMISSION OF THE HARMFUL COMPONENT OF THE        * 
*        PROGRAM, INFORMATION, CODE, OR COMMAND-                         * 
*              "(I) OCCURRED WITHOUT THE KNOWLEDGE AND AUTHORIZATION OF  * 
*            THE PERSONS OR ENTITIES WHO OWN OR ARE RESPONSIBLE FOR THE  * 
*            COMPUTER SYSTEM RECEIVING THE PROGRAM, INFORMATION, CODE, OR* 
*            COMMAND; AND                                                * 
*              "(II)(AA) CAUSES LOSS OR DAMAGE TO ONE OR MORE OTHER      * 
*            PERSONS OF VALUE AGGREGATING $1,000 OR MORE DURING ANY      * 
*            1-YEAR PERIOD; OR                                           * 
*              "(BB) MODIFIES OR IMPAIRS, OR POTENTIALLY MODIFIES OR     * 
*            IMPAIRS, THE MEDICAL EXAMINATION, MEDICAL DIAGNOSIS, MEDICAL* 
*            TREATMENT, OR MEDICAL CARE OF ONE OR MORE INDIVIDUALS; OR   * 
*      "(B) THROUGH MEANS OF A COMPUTER USED IN INTERSTATE COMMERCE OR   * 
*    COMMUNICATION, KNOWINGLY CAUSES THE TRANSMISSION OF A PROGRAM,      * 
*    INFORMATION, CODE, OR COMMAND TO A COMPUTER OR COMPUTER SYSTEM-     * 
*          "(I) WITH RECKLESS DISREGARD OF A SUBSTANTIAL AND             * 
*        UNJUSTIFIABLE RISK THAT THE TRANSMISSION WILL-                  * 