*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- *