I

103D CONGRESS

1ST SESSION H. R. 2321

To provide comprehensive crime control measures.

IN THE HOUSE OF REPRESENTATIVES

MAY 27, 1993

Mr. SANGMEISTER introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

To provide comprehensive crime control measures.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Comprehensive Violent Crime Control Act of 1993’’.

6 (b) TABLE OF CONTENTS.—The table of contents for

7 this Act is as follows:

TITLE I—DEATH PENALTY

Sec. 101. Short title.

Sec. 102. Death penalty procedures.

Sec. 103. Conforming amendment relating to destruction of aircraft or aircraft

facilities.

Sec. 104. Conforming amendment relating to espionage.

Sec. 105. Conforming amendment relating to transporting explosives.

Sec. 106. Conforming amendment relating to malicious destruction of Federal

property by explosives.
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Sec. 107. Conforming amendment relating to malicious destruction of interstate

property by explosives.

Sec. 108. Conforming amendment relating to murder.

Sec. 109. Conforming amendment relating to killing official guests or internationally protected persons.

Sec. 110. Murder by Federal prisoner.

Sec. 111. Conforming amendment relating to kidnapping.

Sec. 112. Conforming amendment relating to hostage taking.

Sec. 113. Conforming amendment relating to mailability of injurious articles.

Sec. 114. Conforming amendment relating to Presidential assassination.

Sec. 115. Conforming amendment relating to murder for hire.

Sec. 116. Conforming amendment relating to violent crimes in aid of racketeering.

Sec. 117. Conforming amendment relating to wrecking trains.

Sec. 118. Conforming amendment relating to bank robbery.

Sec. 119. Conforming amendment relating to terrorist acts.

Sec. 120. Conforming amendment relating to aircraft hijacking.

Sec. 121. Conforming amendment relating to Controlled Substances Act.

Sec. 122. Conforming amendment relating to genocide.

Sec. 123. Inapplicability to Uniform Code of Military Justice.

TITLE II—HABEAS CORPUS

Subtitle A—General Habeas Corpus Reform

Sec. 201. Short title for subtitle A.

Sec. 202. Period of limitation.

Sec. 203. Appeal.

Sec. 204. Amendment to rules of appellate procedure.

Sec. 205. Section 2254 amendments.

Sec. 206. Section 2255 amendments.

Subtitle B—Death Penalty Litigation Procedures

Sec. 210. Short title for subtitle B.

Sec. 211. Death penalty litigation procedures.

TITLE III—EXCLUSIONARY RULE

Sec. 301. Admissibility of certain evidence.

TITLE IV—FIREARMS

Subtitle A—Firearms and Related Amendments

Sec. 401. Enhanced penalty for use of semiautomatic firearm during a crime

of violence or drug trafficking crime.

Sec. 402. Possession of a firearm or an explosive during certain felonies.

Sec. 403. Increased penalty for second offense of using an explosive to commit

certain felonies.

Sec. 404. Clarification of definition of conviction.

Sec. 405. Authority to consider pretrial detention for certain firearms and explosives offenses.

Sec. 406. Smuggling firearms in aid of drug trafficking.

Sec. 407. Theft of firearms and explosives.

Sec. 408. Mandatory revocation of supervised release for possession of a firearm.
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Sec. 409. Increased penalty for knowingly false, material statement in connection with the acquisition of a firearm from a licensed dealer.

Sec. 410. Statute of limitations for certain gangster weapon offenses.

Sec. 411. Possession of explosives by felons and others.

Sec. 412. Summary destruction of explosives subject to forfeiture.

Sec. 413. Summary forfeiture of unregistered National Firearms Act weapons.

Sec. 414. Disposition of forfeited firearms.

Sec. 415. Elimination of outmoded language relating to parole.

Sec. 416. Possession of stolen firearms.

Sec. 417. Enhanced penalties for using a firearm during counterfeiting or forgery.

Sec. 418. Mandatory penalty for firearms possession by violent felons and serious drug offenders.

Sec. 419. Reporting of multiple firearms sales.

Sec. 420. Possession of stolen firearms and explosives.

Sec. 421. Receipt of firearms by nonresidents.

Sec. 422. Firearms and explosives conspiracy.

Sec. 423. Theft of firearms or explosives from licensee.

Sec. 424. Disposition of explosives to prohibited persons.

Subtitle B—Prohibited Gun Clips and Magazines

Sec. 431. Findings.

Sec. 432. Certain ammunition clips and magazines defined as firearms.

Sec. 433. Definition of ammunition feeding device.

Sec. 434. Prohibitions applicable to ammunition feeding devices.

Sec. 435. Identification markings for ammunition feeding devices.

Sec. 436. Criminal penalties.

Sec. 437. Noninterruption of business for persons in the business of importing

or manufacturing ammunition feeding devices.

TITLE V—OBSTRUCTION OF JUSTICE

Sec. 501. Protection of court officers and jurors.

Sec. 502. Prohibition of retaliatory killings of witnesses, victims, and informants.

Sec. 503. Protection of State or local law enforcement officers providing assistance to Federal law enforcement officers.

TITLE VI—GANGS AND JUVENILE OFFENDERS

Sec. 601. Amendments concerning records of crimes committed by juveniles.

Sec. 602. Adult prosecution of serious juvenile offenders.

Sec. 603. Serious drug offenses by juveniles as Armed Career Criminal Act

Predicates.

Sec. 604. Increased penalty for travel act crimes involving violence.

Sec. 605. Increased penalty for conspiracy to commit murder for hire.

TITLE VII—TERRORISM

Subtitle A—Aviation Terrorism

Sec. 701. Implementation of the 1988 protocol for the suppression of unlawful

acts of violence at airports serving international civil aviation.

Sec. 702. Amendment to Federal Aviation Act.

Subtitle B—Maritime Terrorism
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Sec. 711. Short title for subtitle B.

Sec. 712. Findings.

Sec. 713. Statement of purpose.

Sec. 714. Offenses of violence against maritime navigation or fixed platforms.

Sec. 715. Clerical amendments.

Sec. 716. Effective dates.

Sec. 717. Territorial sea extending to twelve miles included in special maritime

and territorial jurisdiction.

Sec. 718. Assimilated crimes in extended territorial sea.

Sec. 719. Jurisdiction over crimes against United States nationals on certain

foreign ships.

Subtitle C—Terrorist Alien Removal

Sec. 721. Short title for subtitle C.

Sec. 722. Findings.

Sec. 723. Terrorist activities defined.

Sec. 724. Procedures for removal of alien terrorists.

Sec. 725. Conforming amendments.

Sec. 726. Effective date.

Subtitle D—Terrorism Offenses and Sanctions

Sec. 731. Torture.

Sec. 732. Use of weapons of mass destruction.

Sec. 733. Homicides and attempted homicides involving firearms in Federal facilities.

Sec. 734. Providing material support to terrorists.

Sec. 735. Addition of terrorist offenses to the RICO statute.

Sec. 736. Forfeiture for terrorist and other violent acts.

Sec. 737. Enhanced penalties for certain offenses.

Sec. 738. Sentencing guidelines increase for terrorist crimes.

Subtitle E—Antiterrorism Enforcement Provisions

Sec. 741. Aliens cooperating in terrorist or other investigations.

Sec. 742. Amendment to the alien enemy act.

Sec. 743. Counterintelligence access to telephone records.

Sec. 744. Counterintelligence access to credit records.

Sec. 745. Authorization for interceptions of communications.

Sec. 746. Participation of foreign and state government personnel in interceptions of communications.

Sec. 747. Disclosure of intercepted communications to foreign law enforcement

agencies.

Sec. 748. Extension of the statute of limitations for certain terrorism offenses.

TITLE VIII—EQUAL JUSTICE ACT

Sec. 801. Short title.

Sec. 802. Prohibition of racially discriminatory policies concerning capital punishment or other penalties.

Sec. 803. General safeguards against racial prejudice or bias in the tribunal.

Sec. 804. Federal capital cases.

Sec. 805. Funding objective.

Sec. 806. Extension of protection of civil rights statutes.

TITLE IX—VICTIMS’ RIGHTS
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Sec. 901. Restitution amendments.

Sec. 902. Victim’s right of allocution in sentencing.

1 TITLE I—DEATH PENALTY

2 SEC. 101. SHORT TITLE.

3 This title may be cited as the ‘‘Capital Punishment

4 Procedures Act of 1993’’.

5 SEC. 102. DEATH PENALTY PROCEDURES.

6 TITLE 18 OF THE UNITED STATES CODE IS AMEND7 ED.—

8 (1) by adding the following new chapter after

9 chapter 227:

10 ‘‘CHAPTER 228—DEATH PENALTY PROCEDURES

‘‘Sec.

‘‘3591. Sentence of death.

‘‘3592. Factors to be considered in determining whether a sentence of death is

justified.

‘‘3593. Special hearing to determine whether a sentence of death is justified.

‘‘3594. Imposition of a sentence of death.

‘‘3595. Review of a sentence of death.

‘‘3596. Implementation of a sentence of death.

‘‘3597. Use of State facilities.

‘‘3598. Appointment of counsel.

‘‘3599. Collateral Attack on Judgment Imposing Sentence of Death.

11 ‘‘§ 3591. Sentence of death

12 ‘‘A defendant who has been found guilty of—

13 ‘‘(1) an offense described in section 794 or sec14 tion 2381 of this title;

15 ‘‘(2) an offense described in section 1751(c) of

16 this title if the offense, as determined beyond a rea17 sonable doubt at a hearing under section 3593, con18 stitutes an attempt to murder the President of the

19 United States and results in bodily injury to the
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1 President or comes dangerously close to causing the

2 death of the President;

3 ‘‘(3) an offense referred to in section 408(c)(1)

4 of the Controlled Substances Act (21 U.S.C.

5 848(c)(1)), committed as part of a continuing crimi6 nal enterprise offense under the conditions described

7 in subsection (b) of that section;

8 ‘‘(4) an offense referred to in section 408(c)(1)

9 of the Controlled Substances Act (21 U.S.C.

10 848(c)(1)), committed as part of a continuing crimi11 nal enterprise offense under that section, where the

12 defendant is a principal administrator, organizer or

13 leader of such an enterprise, and the defendant, in

14 order to obstruct the investigation or prosecution of

15 the enterprise or an offense involved in the enter16 prise, attempts to kill or knowingly directs, advises,

17 authorizes, or assists another to attempt to kill any

18 public officer, juror, witness, or member of the fam19 ily or household of such a person;

20 ‘‘(5) an offense constituting a felony violation of

21 the Controlled Substances Act (21 U.S.C. 801 et

22 seq.), the Controlled Substances Import and Export

23 Act (21 U.S.C. 951 et seq.), or the Maritime Drug

24 Law Enforcement Act (46 U.S.C. App. 1901 et

25 seq.), where the defendant, acting with a state of
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1 mind described in paragraph (6), engages in such a

2 violation, and the death of another person results in

3 the course of the violation or from the use of the

4 controlled substance involved in the violation; or

5 ‘‘(6) any other offense for which a sentence of

6 death is provided, if the defendant, as determined

7 beyond a reasonable doubt at a hearing under sec8 tion 3593, caused the death of a person inten9 tionally, knowingly, or through recklessness mani10 festing extreme indifference to human life, or caused

11 the death of a person through the intentional inflic12 tion of serious bodily injury;

13 shall be sentenced to death if, after consideration of the

14 factors set forth in section 3592 in the course of a hearing

15 held pursuant to section 3593, it is determined that impo16 sition of a sentence of death is justified. No person may

17 be sentenced to death who was less than eighteen years

18 of age at the time of the offense.

19 ‘‘§ 3592. Factors to be considered in determining

20 whether a sentence of death is justified

21 ‘‘(a) MITIGATING FACTORS.—In determining wheth22 er a sentence of death is justified for any offense, the jury,

23 or if there is no jury, the court, shall consider each of

24 the following mitigating factors and determine which, if

25 any, exist:
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1 ‘‘(1) MENTAL CAPACITY.—The defendant’s

2 mental capacity to appreciate the wrongfulness of

3 his conduct or to conform his conduct to the require4 ments of law was significantly impaired, regardless

5 of whether the capacity was so impaired as to con6 stitute a defense to the charge.

7 ‘‘(2) DURESS.—The defendant was under un8 usual and substantial duress, regardless of whether

9 the duress was of such a degree as to constitute a

10 defense to the charge.

11 ‘‘(3) PARTICIPATION IN OFFENSE MINOR.—The

12 defendant’s paticipation in the offense, which was

13 committed by another, was relatively minor, regard14 less of whether the participation was so minor as to

15 constitute a defense to the charge.

16 The jury, or if there is no jury, the court, shall consider

17 whether any other aspect of the defendant’s background,

18 character or record or any other circumstance of the of19 fense that the defendant may proffer as a mitigating fac20 tor exists.

21 ‘‘(b) AGGRAVATING FACTORS FOR ESPIONAGE AND

22 TREASON.—In determining whether a sentence of death

23 is justified for an offense described in section 3591(1), the

24 jury, or if there is no jury, the court, shall consider each
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1 of the following aggravating factors and determine which,

2 if any, exist:

3 ‘‘(1) PREVIOUS ESPIONAGE OR TREASON CON4 VICTION.—The defendant has previously been con5 victed of another offense involving espionage or trea6 son for which a sentence of life imprisonment or

7 death was authorized by statute.

8 ‘‘(2) RISK OF SUBSTANTIAL DANGER TO NA9 TIONAL SECURITY.—In the commission of the of10 fense the defendant knowingly created a grave risk

11 to the national security.

12 ‘‘(3) RISK OF DEATH TO ANOTHER.—In the

13 commission of the offense the defendant knowingly

14 created a grave risk of death to another person.

15 The jury, or if there is no jury, the court, may consider

16 whether any other aggravating factor exists.

17 ‘‘(c) AGGRAVATING FACTORS FOR HOMICIDE AND

18 FOR ATTEMPTED MURDER OF THE PRESIDENT.—In de19 termining whether a sentence of death is justified for an

20 offense described in section 3519 (2) or (6), the jury, or

21 if there is no jury, the court, shall consider each of the

22 following aggravating factors and determine which, if any,

23 exist:

24 ‘‘(1) CONDUCT OCCURRED DURING COMMISSION

25 OF SPECIFIED CRIMES.—The conduct resulting in
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1 death occurred during the commission or attempted

2 commission of, or during the immediate flight from

3 the commission of, an offense under section 32 (de4 struction of aircraft or aircraft facilities), section 33

5 (destruction of motor vehicles or motor vehicle facili6 ties), section 36 (violence at international airports),

7 section 351 (violence against Members of Congress,

8 Cabinet officers, or Supreme Court Justices), section

9 751 (prisoners in custody of institution or officer),

10 section 794 (gathering or delivering defense informa11 tion to aid foreign government), section 844(d)

12 (transportation of explosives in interstate commerce

13 for certain purposes), section 844(f) (destruction of

14 Government property by explosives), section 844(i)

15 (destruction of property affecting interstate com16 merce by explosives), section 1116 (killing or at17 tempted killing of diplomats), section 1118 (pris18 oners serving life term), section 1201 (kidnapping),

19 section 1203 (hostage taking), section 1751 (violence

20 against the President or Presidential staff), section

21 1992 (wrecking trains), section 2280 (maritime vio22 lence), section 2281 (maritime platform violence),

23 section 2332 (terrorist acts abroad against United

24 States nationals), section 2339 (use of weapons of

25 mass destruction), or section 2381 (treason) of this
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1 title, section 1826 of title 28 (persons in custody as

2 recalcitrant witnesses or hospitalized following insan3 ity acquittal), or section 902 (i) or (n) of the Fed4 eral Aviation Act of 1958, as amended (49 U.S.C.

5 1472 (i) or (n) (aircraft piracy)).

6 ‘‘(2) INVOLVEMENT OF FIREARM OR PREVIOUS

7 CONVICTION OF VIOLENT FELONY INVOLVING FIRE8 ARM.—The defendant—

9 ‘‘(A) during and in relation to the commis10 sion of the offense or in escaping or attempting

11 to escape apprehension used or possessed a fire12 arm as defined in section 921 of this title; or

13 ‘‘(B) has previously been convicted of a

14 Federal or State offense punishable by a term

15 of imprisonment of more than one year, involv16 ing the use of attempted or threatened use of

17 a firearm, as defined in section 921 of this title,

18 against another person.

19 ‘‘(3) PREVIOUS CONVICTION OF OFFENSE FOR

20 WHICH A SENTENCE OF DEATH OR LIFE IMPRISON21 MENT WAS AUTHORIZED.—The defendant has pre22 viously been convicted of another Federal or State

23 offense resulting in the death of a person, for which

24 a sentence of life imprisonment or death was author25 ized by statute.
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1 ‘‘(4) PREVIOUS CONVICTION OF OTHER SERI2 OUS OFFENSES.—The defendant has previously been

3 convicted of two or more Federal or State offenses,

4 each punishable by a term of imprisonment of more

5 than one year, committed on different occasions, in6 volving the importation, manufacture, or distribution

7 of a controlled substance (as defined in section 102

8 of the Controlled Substances Act (21 U.S.C. 802))

9 or the infliction of, or attempted infliction of, serious

10 bodily injury or death upon another person.

11 ‘‘(5) GRAVE RISK OF DEATH TO ADDITIONAL

12 PERSONS.—The defendant, in the commission of the

13 offense or in escaping or attempting to escape ap14 prehension, knowingly created a grave risk of death

15 to one or more persons in addition to the victim of

16 the offense.

17 ‘‘(6) HEINOUS, CRUEL, OR DEPRAVED MANNER

18 OF COMMISSION.—The defendant committed the of19 fense in an especially heinous, cruel, or depraved

20 manner in that it involved torture or serious physical

21 abuse to the victim.

22 ‘‘(7) PROCUREMENT OF OFFENSE BY PAY23 MENT.—The defendant procured the commission of

24 the offense by payment, or promise of payment, of

25 anything of pecuniary value.
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1 ‘‘(8) COMMISSION OF THE OFFENSE FOR PECU2 NIARY GAIN.—The defendant committed the offense

3 as consideration for the receipt, or in the expectation

4 of the receipt, of anything of pecuniary value.

5 ‘‘(9) SUBSTANTIAL PLANNING AND

6 PREMEDITATION.—The defendant committed the of7 fense after substantial planning and premeditation.

8 ‘‘(10) VULNERABILITY OF VICTIM.—The victim

9 was particularly vulnerable due to old age, youth, or

10 infirmity.

11 ‘‘(11) TYPE OF VICTIM.—The defendant com12 mitted the offense against—

13 ‘‘(A) the President of the United States,

14 the President-elect, the Vice President, the Vice

15 President-elect, the Vice President-designate,

16 or, if there was no Vice President, the officer

17 next in order of succession to the office of the

18 President of the United States, or any person

19 acting as President under the Constitution and

20 laws of the United States;

21 ‘‘(B) a chief of state, head of government,

22 or the political equivalent, of a foreign nation;

23 ‘‘(C) a foreign official listed in section

24 1116(b)(3)(A) of this title, if that official was

25 in the United States on official business; or
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1 ‘‘(D) a Federal public servant who was

2 outside of the United States or who was a Fed3 eral judge, a Federal law enforcement officer,

4 an employee (including a volunteer or contract

5 employee) of a Federal prison, or an official of

6 the Federal Bureau of Prisons—

7 ‘‘(i) while such public servant was en8 gaged in the performance of his official

9 duties;

10 ‘‘(ii) because of the performance of

11 such public servant’s official duties; or

12 ‘‘(iii) because of such public servant’s

13 status as a public servant.

14 For purposes of this paragraph, the terms

15 ‘President-elect’ and ‘Vice President-elect’ mean

16 such persons as are the apparent successful

17 candidates for the offices of President and Vice

18 President, respectively, as ascertained from the

19 results of the general elections held to deter20 mine the electors of President and Vice Presi21 dent in accordance with title 3, United States

22 Code, sections 1 and 2; a ‘Federal law enforce23 ment officer’ is a public servant authorized by

24 law or by a Government agency or Congress to

25 conduct or engage in the prevention, investiga-
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1 tion, or prosecution of an offense; ‘Federal pris2 on’ means a Federal correctional, detention, or

3 penal facility, Federal community treatment

4 center, or Federal halfway house, or any such

5 prison operated under contract with the Federal

6 Government; and ‘Federal judge’ means any ju7 dicial officer of the United States, and includes

8 a justice of the Supreme Court and a United

9 States magistrate judge. The jury, or if there is

10 no jury, the court, may consider whether any

11 other aggravating factor exists.

12 ‘‘(d) AGGRAVATING FACTORS FOR DRUG OFFENSE

13 DEATH PENALTY.—In determining whether a sentence of

14 death is justified for an offense described in section 3591

15 (3)–(5), the jury, or if there is no jury, the court, shall

16 consider each of the following aggravating factors and de17 termine which, if any, exist—

18 ‘‘(1) PREVIOUS CONVICTION OF OFFENSE FOR

19 WHICH A SENTENCE OF DEATH OR LIFE IMPRISON20 MENT WAS AUTHORIZED.—The defendant has pre21 viously been convicted of another Federal or State

22 offense resulting in the death of a person, for which

23 a sentence of life imprisonment or death was author24 ized by statute.
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1 ‘‘(2) PREVIOUS CONVICTION OF OTHER SERI2 OUS OFFENSES.—The defendant has previously been

3 convicted of two or more Federal or State offenses,

4 each punishable by a term of imprisonment of more

5 than one year, committed on different occasions, in6 volving the importation, manufacture, or distribution

7 of a controlled substance (as defined in section 102

8 of the Controlled Substances Act (21 U.S.C. 802))

9 or the infliction of, or attempted infliction of, serious

10 bodily injury or death upon another person.

11 ‘‘(3) PREVIOUS SERIOUS DRUG FELONY CONVIC12 TION.—The defendant has previously been convicted

13 of another Federal or State offense involving the

14 manufacture, distribution, importation, or possession

15 of a controlled substance (as defined in section 102

16 of the Controlled Substances Act (21 U.S.C. 802))

17 for which a sentence of five or more years of impris18 onment was authorized by statute.

19 ‘‘(4) USE OF FIREARM.—In committing the of20 fense, or in furtherance of a continuing criminal en21 terprise of which the offense was a part, the defend22 ant used a firearm or knowingly directed, advised,

23 authorized, or assisted another to use a firearm, as

24 defined in section 921 of this title, to threaten, in25 timidate, assault, or injure a person.
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1 ‘‘(5) DISTRIBUTION TO PERSONS UNDER TWEN2 TY-ONE.—The offense, or a continuing criminal en3 terprise of which the offense was a part, involved

4 conduct proscribed by section 418 of the Controlled

5 Substances Act which was committed directly by the

6 defendant or for which the defendant would be liable

7 under section 2 of this title.

8 ‘‘(6) DISTRIBUTION NEAR SCHOOLS.—The of9 fense, or a continuing criminal enterprise of which

10 the offense was a part, involved conduct proscribed

11 by section 419 of the Controlled Substances Act

12 which was committed directly by the defendant or

13 for which the defendant would be liable under sec14 tion 2 of this title.

15 ‘‘(7) USING MINORS IN TRAFFICKING.—The of16 fense, or a continuing criminal enterprise of which

17 the offense was a part, involved conduct proscribed

18 by section 420 of the Controlled Substances Act

19 which was committed directly by the defendant or

20 for which the defendant would be liable under sec21 tion 2 of this title.

22 ‘‘(8) LETHAL ADULTERANT.—The offense in23 volved the importation, manufacture, or distribution

24 of a controlled substance (as defined in section 102

25 of the Controlled Substances Act (21 U.S.C. 802)),
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1 mixed with a potentially lethal adulterant, and the

2 defendant was aware of the presence of the

3 adulterant. The jury, or if there is no jury, the

4 court, may consider whether any other aggravating

5 factor exists.

6 ‘‘§ 3593. Special hearing to determine whether a sen7 tence of death is justified

8 ‘‘(a) NOTICE BY THE GOVERNMENT.—Whenever the

9 Government intends to seek the death penalty for an of10 fense described in section 3591, the attorney for the Gov11 ernment, a reasonable time before the trial, or before ac12 ceptance by the court of a plea of guilty, or at such time

13 thereafter as the court may permit upon a showing of good

14 cause, shall sign and file with the court, and serve on the

15 defendant, a notice that the Government in the event of

16 conviction will seek the sentence of death. The notice shall

17 set forth the aggravating factor or factors enumerated in

18 section 3592, and any other aggravating factor not specifi19 cally enumerated in section 3592, that the Government,

20 if the defendant is convicted, will seek to prove as the basis

21 for the death penalty. The factors for which notice is pro22 vided under this subsection may include factors concerning

23 the effect of the offense on the victim and the victim’s

24 family. The court may permit the attorney for the Govern25 ment to amend the notice upon a showing of good cause.
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1 ‘‘(b) HEARING BEFORE A COURT OR JURY.—When

2 the attorney for the Government has filed a notice as re3 quired under subsection (a) and the defendant is found

4 guilty of an offense described in section 3591, the judge

5 who presided at the trial or before whom the guilty plea

6 was entered, or another judge if that judge is unavailable,

7 shall conduct a separate sentencing hearing to determine

8 the punishment to be imposed. Prior to such a hearing,

9 no presentence report shall be prepared by the United

10 States Probation Service, notwithstanding the provisions

11 of the Federal Rules of Criminal Procedure. The hearing

12 shall be conducted—

13 ‘‘(1) before the jury that determined the de14 fendant’s guilt;

15 ‘‘(2) before a jury impaneled for the purpose of

16 the hearing if—

17 ‘‘(A) the defendant was convicted upon a

18 plea of guilty;

19 ‘‘(B) the defendant was convicted after a

20 trial before the court sitting without a jury;

21 ‘‘(C) the jury that determined the defend22 ant’s guilt was discharged for good cause; or

23 ‘‘(D) after initial imposition of a sentence

24 under this section, reconsideration of the sen25 tence under the section is necessary; or
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1 ‘‘(3) before the court alone, upon motion of the

2 defendant and with the approval of the attorney for

3 the Government.

4 A jury impaneled pursuant to paragraph (2) shall consist

5 of twelve members, unless, at any time before the conclu6 sion of the hearing, the parties stipulate, with the approval

7 of the court, that it shall consist of a lesser number.

8 ‘‘(c) PROOF OF MITIGATING AND AGGRAVATING FAC9 TORS.—At the hearing, information may be presented as

10 to—

11 ‘‘(1) any matter relating to any mitigating fac12 tor listed in section 3592 and any other mitigating

13 factor; and

14 ‘‘(2) any matter relating to any aggravating

15 factor listed in section 3592 for which notice has

16 been provided under subsection (a) and (if informa17 tion is presented relating to such a listed factor) any

18 other aggravating factor for which notice has been

19 so provided.

20 The information presented may include the trial transcript

21 and exhibits. Any other information relevant to such miti22 gating or aggravating factors may be presented by either

23 the Government or the defendant, regardless of its admis24 sibility under the rules governing admission of evidence

25 at criminal trials, except that information may be excluded
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1 if its probative value is outweighed by the danger of creat2 ing unfair prejudice, confusing the issues, or misleading

3 the jury. The attorney for the Government and for the

4 defendant shall be permitted to rebut any information re5 ceived at the hearing, and shall be given fair opportunity

6 to present argument as to the adequacy of the information

7 to establish the existence of any aggravating or mitigating

8 factor, and as to the appropriateness in that case of im9 posing a sentence of death. The attorney for the Govern10 ment shall open the argument. The defendant shall be per11 mitted to reply. The Government shall then be permitted

12 to reply in rebuttal. The burden of establishing the exist13 ence of an aggravating factor is on the Government, and

14 is not satisfied unless the existence of such a factor is es15 tablished beyond a reasonable doubt. The burden of estab16 lishing the existence of any mitigating factor is on the de17 fendant, and is not satisfied unless the existence of such

18 a factor is established by a preponderance of the evidence.

19 ‘‘(d) RETURN OF SPECIAL FINDINGS.—The jury, or

20 if there is no jury, the court, shall consider all the informa21 tion received during the hearing. It shall return special

22 findings identifying any aggravating factor or factors set

23 forth in section 3592 found to exist and any other aggra24 vating factor for which notice has been provided under

25 subsection (a) found to exist. A finding with respect to
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1 a mitigating factor may be made by one or more members

2 of the jury, and any member of the jury who finds the

3 existence of a mitigating factor may consider such factor

4 established for purposes of this section regardless of the

5 number of jurors who concur that the factor has been es6 tablished. A finding with respect to any aggravating factor

7 must be unanimous. If no aggravating factor set forth in

8 section 3592 is found to exist, the court shall impose a

9 sentence other than death authorized by law.

10 ‘‘(e) RETURN OF A FINDING CONCERNING A SEN11 TENCE OF DEATH.—If, in the case of—

12 ‘‘(1) an offense described in section 3591(1), an

13 aggravating factor required to be considered under

14 section 3592(b) is found to exist;

15 ‘‘(2) an offense described in section 3591(2) or

16 (6), an aggravating factor required to be considered

17 under section 3592(c) is found to exist; or

18 ‘‘(3) an offense described in section 3591(3)–

19 (5), an aggravating factor required to be considered

20 under section 3592(d) is found to exist;

21 the jury, or if there is no jury, the court, shall then con22 sider whether the aggravating factor or factors found to

23 exist under subsection (d) outweigh any mitigating factor

24 or factors. The jury, or if there is no jury, the court, shall

25 recommend a sentence of death if it unanimously finds at
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1 least one aggravating factor and no mitigating factor or

2 if it finds one or more aggravating factors which outweigh

3 any mitigating factors. In any other case, it shall not rec4 ommend a sentence of death. The jury shall be instructed

5 that it must avoid any influence of sympathy, sentiment,

6 passion, prejudice, or other arbitrary factors in its deci7 sion, and should make such a recommendation as the in8 formation warrants.

9 ‘‘(f) SPECIAL PRECAUTION TO ASSURE AGAINST DIS10 CRIMINATION.—In a hearing held before a jury, the court,

11 prior to the return of a finding under subsection (e), shall

12 instruct the jury that, in considering whether a sentence

13 of death is justified, it shall not be influenced by prejudice

14 or bias relating to the race, color, religion, national origin,

15 or sex of the defendant or of any victim and that the jury

16 is not to recommend a sentence of death unless it has con17 cluded that it would recommend a sentence of death for

18 the crime in question no matter what the race, color, reli19 gion, national origin, or sex of the defendant or of any

20 victim may be. The jury, upon return of a finding under

21 subsection (e), shall also return to the court a certificate,

22 signed by each juror, that prejudice or bias relating to the

23 race, color, religion, national origin, or sex of the defend24 ant or any victim was not involved in reaching his or her

25 individual decision and that the individual juror would
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1 have made the same recommendation regarding a sentence

2 for the crime in question no matter what the race, color,

3 religion, national origin, or sex of the defendant or any

4 victim may be.

5 ‘‘§ 3594. Imposition of a sentence of death

6 ‘‘Upon the recommendation under section 3593(e)

7 that a sentence of death be imposed, the court shall sen8 tence the defendant to death. Otherwise the court shall

9 impose a sentence, other than death, authorized by law.

10 Notwithstanding any other provision of law, if the maxi11 mum term of imprisonment for the offense is life imprison12 ment, the court may impose a sentence of life imprison13 ment without the possibility of release.

14 ‘‘§ 3595. Review of a sentence of death

15 ‘‘(a) APPEAL.—In a case in which a sentence of death

16 is imposed, the sentence shall be subject to review by the

17 court of appeals upon appeal by the defendant. Notice of

18 appeal of the sentence must be filed within the time speci19 fied for the filing of a notice of appeal of the judgment

20 of conviction. An appeal of the sentence under this section

21 may be consolidated with an appeal of the judgment of

22 conviction and shall have priority over all other cases.

23 ‘‘(b) REVIEW.—The court of appeals shall review the

24 entire record in the case, including—

25 ‘‘(1) the evidence submitted during the trial;
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1 ‘‘(2) the information submitted during the sen2 tencing hearing;

3 ‘‘(3) the procedures employed in the sentencing

4 hearing; and

5 ‘‘(4) the special findings returned under section

6 3593(d).

7 ‘‘(c) DECISION AND DISPOSITION.—

8 ‘‘(1) If the court of appeals determines that—

9 ‘‘(A) the sentence of death was not im10 posed under the influence of passion, prejudice,

11 or any other arbitrary factor;

12 ‘‘(B) the evidence and information support

13 the special findings of the existence of an ag14 gravating factor or factors; and

15 ‘‘(C) the proceedings did not involve any

16 other prejudicial error requiring reversal of the

17 sentence that was properly preserved for and

18 raised on appeal;

19 it shall affirm the sentence.

20 ‘‘(2) In any other case, the court of appeals

21 shall remand the case for reconsideration under sec22 tion 3593 or for imposition of another authorized

23 sentence as appropriate.
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1 ‘‘(3) The court of appeals shall state in writing

2 the reasons for its disposition of an appeal of a sen3 tence of death under this section.

4 ‘‘§ 3596. Implementation of a sentence of death

5 ‘‘(a) IN GENERAL.—A person who has been sen6 tenced to death pursuant to the provisions of this chapter

7 shall be committed to the custody of the Attorney General

8 until exhaustion of the procedures for appeal of the judg9 ment of conviction and for review of the sentence. When

10 the sentence is to be implemented, the Attorney General

11 shall release the person sentenced to death to the custody

12 of a United States Marshal, who shall supervise implemen13 tation of the sentence in the manner prescribed by the law

14 of the State in which the sentence is imposed. If the law

15 of such State does not provide for implementation of a

16 sentence of death, the court shall designate another State,

17 the law of which does so provide, and the sentence shall

18 be implemented in the manner prescribed by such law.

19 ‘‘(b) SPECIAL BARS TO EXECUTION.—A sentence of

20 death shall not be carried out upon a person who lacks

21 the mental capacity to understand the death penalty and

22 why it was imposed on that person, or upon a woman while

23 she is pregnant.

24 ‘‘(c) EMPLOYEES MAY DECLINE TO PARTICIPATE.—

25 No employee of any State department of corrections, the
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1 Federal Bureau of Prisons, or the United States Marshals

2 Service, and no employee providing services to that depart3 ment, bureau, or service under contract shall be required,

4 as a condition of that employment or contractual obliga5 tion, to be in attendance at or to participate in any execu6 tion carried out under this section if such participation

7 is contrary to the moral or religious convictions of the em8 ployee. For purposes of this subsection, the term ‘partici9 pate in any execution’ includes personal preparation of the

10 condemned individual and the apparatus used for the exe11 cution, and supervision of the activities of other personnel

12 in carrying out such activities.

13 ‘‘§ 3597. Use of State facilities

14 ‘‘A United States Marshal charged with supervising

15 the implementation of a sentence of death may use appro16 priate State or local facilities for the purpose, may use

17 the services of an appropriate State or local official or of

18 a person such an official employs for the purpose, and

19 shall pay the costs thereof in an amount approved by the

20 Attorney General.

21 ‘‘§ 3598. Appointment of counsel

22 ‘‘(a) REPRESENTATION OF INDIGENT DEFEND23 ANTS.—Notwithstanding any other provision of law, this

24 section shall govern the appointment of counsel for any

25 defendant against whom a sentence of death is sought,
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1 or on whom a sentence of death has been imposed, for

2 an offense against the United States, where the defendant

3 is or becomes financially unable to obtain adequate rep4 resentation. Such a defendant shall be entitled to appoint5 ment of counsel from the commencement of trial proceed6 ings until one of the conditions specified in section

7 3599(b) of this title has occurred.

8 ‘‘(b) REPRESENTATION BEFORE FINALITY OF JUDG9 MENT.—A defendant within the scope of this section shall

10 have counsel appointed for trial representation as provided

11 in section 3005 of this title. At least one counsel so ap12 pointed shall continue to represent the defendant until the

13 conclusion of direct review of the judgment, unless re14 placed by the court with other qualified counsel.

15 ‘‘(c) REPRESENTATION AFTER FINALITY OF JUDG16 MENT.—When a judgment imposing a sentence of death

17 has become final through affirmance by the Supreme

18 Court on direct review, denial of certiorari by the Supreme

19 Court on direct review, or expiration of the time for seek20 ing direct review in the court of appeals or the Supreme

21 Court, the Government shall promptly notify the district

22 court that imposed the sentence. Within ten days of re23 ceipt of such notice, the district court shall proceed to

24 make a determination whether the defendant is eligible

25 under this section for appointment of counsel for subse-
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1 quent proceedings. On the basis of the determination, the

2 court shall issue an order—

3 ‘‘(1) appointing one or more counsel to rep4 resent the defendant upon a finding that the defend5 ant is financially unable to obtain adequate rep6 resentation and wishes to have counsel appointed or

7 is unable competently to decide whether to accept or

8 reject appointment of counsel;

9 ‘‘(2) finding, after a hearing if necessary, that

10 the defendant rejected appointment of counsel and

11 made the decision with an understanding of its legal

12 consequences; or

13 ‘‘(3) denying the appointment of counsel upon

14 a finding that the defendant is financially able to ob15 tain adequate representation.

16 Counsel appointed pursuant to this subsection shall be dif17 ferent from the counsel who represented the defendant at

18 trial and on direct review unless the defendant and counsel

19 request a continuation or renewal of the earlier represen20 tation.

21 ‘‘(d) STANDARDS FOR COMPETENCE OF COUNSEL.—

22 In relation to a defendant who is entitled to appointment

23 of counsel under this section, at least one counsel ap24 pointed for trial representation must have been admitted

25 to the bar for at least five years and have at least three
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1 years of experience in the trial of felony cases in the fed2 eral district courts. If new counsel is appointed after judg3 ment, at least one counsel so appointed must have been

4 admitted to the bar for at least five years and have at

5 least three years of experience in the litigation of felony

6 cases in the Federal courts of appeals or the Supreme

7 Court. The court, for good cause, may appoint counsel

8 who does not meet these standards, but whose back9 ground, knowledge, or experience would otherwise enable

10 him or her to properly represent the defendant, with due

11 consideration of the seriousness of the penalty and the na12 ture of the litigation.

13 ‘‘(e) APPLICABILITY OF CRIMINAL JUSTICE ACT.—

14 Except as otherwise provided in this section, the provisions

15 of section 3006A of this title shall apply to appointments

16 under this section.

17 ‘‘(f) CLAIMS OF INEFFECTIVENESS OF COUNSEL.—

18 The ineffectiveness or incompetence of counsel during pro19 ceedings on a motion under section 2255 of title 28 in

20 a capital case shall not be a ground for relief from the

21 judgment or sentence in any proceeding. This limitation

22 shall not preclude the appointment of different counsel at

23 any stage of the proceedings.
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1 ‘‘§ 3599. Collateral Attack on Judgment Imposing Sen2 tence of Death

3 ‘‘(a) TIME FOR MAKING SECTION 2255 MOTION.—

4 In a case in which sentence of death has been imposed,

5 and the judgment has become final as described in section

6 3598(c) of this title, a motion in the case under section

7 2255 of title 28, United States Code, must be filed within

8 ninety days of the issuance of the order relating to ap9 pointment of counsel under section 3598(c) of this title.

10 The court in which the motion is filed, for good cause

11 shown, may extend the time for filing for a period not

12 exceeding sixty days. A motion described in this section

13 shall have priority over all noncapital matters in the dis14 trict court, and in the court of appeals on review of the

15 district court’s decision.

16 ‘‘(b) STAY OF EXECUTION.—The execution of a sen17 tence of death shall be stayed in the course of direct review

18 of the judgment and during the litigation of an initial mo19 tion in the case under section 2255 of title 28, United

20 States Code. The stay shall run continuously following im21 position of the sentence, and shall expire if—

22 ‘‘(1) the defendant fails to file a motion under

23 section 2255 of title 28, United States Code, within

24 the time specified in subsection (a), or fails to make

25 a timely application for court of appeals review fol-
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1 lowing the denial of such motion by a district court;

2 or

3 ‘‘(2) upon completion of district court and court

4 of appeals review under section 2255 of title 28,

5 United States Code, the motion under that section

6 is denied and (A) the time for filing a petition for

7 certiorari has expired and no petition has been filed;

8 (B) a timely petition for certiorari was filed and the

9 Supreme Court denied the petition; or (C) a timely

10 petition for certiorari was filed and upon consider11 ation of the case, the Supreme Court disposed of it

12 in a manner that left the capital sentence undis13 turbed; or

14 ‘‘(3) before a district court, in the presence of

15 counsel and after having been advised of the con16 sequences of his decision, the defendant waives the

17 right to file a motion under section 2255 of title 28,

18 United States Code.

19 ‘‘(c) FINALITY OF THE DECISION ON REVIEW.—If

20 one of the conditions specified in subsection (b) has oc21 curred, no court thereafter shall have the authority to

22 enter a stay of execution or grant relief in the case un23 less—

24 ‘‘(1) the basis for the stay and request for relief

25 is a claim not presented in earlier proceedings;
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1 ‘‘(2) the failure to raise the claim was (A) the

2 result of governmental action in violation of the Con3 stitution or laws of the United States; (B) the result

4 of the Supreme Court recognition of a new Federal

5 right that is retroactively applicable; or (C) based on

6 a factual predicate that could not have been discov7 ered through the exercise of reasonable diligence in

8 time to present the claim in earlier proceedings; and

9 ‘‘(3) the facts underlying the claim would be

10 sufficient, if proven, to undermine the court’s con11 fidence in the determination of guilt on the offense

12 or offenses for which the death penalty was im13 posed.’’; and

14 (2) in the table of chapters at the beginning of

15 part II, by adding the following new item after the

16 item relating to chapter 227:

‘‘228. Death penalty procedures ................................................... 3591’’.

17 SEC. 103. CONFORMING AMENDMENT RELATING TO DE18 STRUCTION OF AIRCRAFT OR AIRCRAFT FA19 CILITIES.

20 Section 34 of title 18 of the United States Code is

21 amended by changing the comma after the words ‘‘impris22 onment for life’’ to a period and deleting the remainder

23 of the section.
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1 SEC. 104. CONFORMING AMENDMENT RELATING TO ESPIO2 NAGE.

3 Section 794(a) of title 18 of the United States Code

4 is amended by changing the period at the end of the sec5 tion to a comma and by adding immediately thereafter the

6 words ‘‘except that the sentence of death shall not be im7 posed unless the jury or, if there is no jury, the court,

8 further finds beyond a reasonable doubt at a hearing

9 under section 3593 of this title that the offense directly

10 concerned nuclear weaponry, military spacecraft and sat11 ellites, early warning systems, or other means of defense

12 or retaliation against large-scale attack; war plans; com13 munications intelligence or cryptographic information;

14 sources or methods of intelligence or counterintelligence

15 operations; or any other major weapons system or major

16 element of defense strategy.’’.

17 SEC. 105. CONFORMING AMENDMENT RELATING TO TRANS18 PORTING EXPLOSIVES.

19 Section 844(d) of title 18 of the United States Code

20 is amended by striking the words ‘‘as provided in section

21 34 of this title’’.
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1 SEC. 106. CONFORMING AMENDMENT RELATING TO MALI2 CIOUS DESTRUCTION OF FEDERAL PROP3 ERTY BY EXPLOSIVES.

4 Section 844(f) of title 18 of the United States Code

5 is amended by striking the words ‘‘as provided in section

6 34 of this title’’.

7 SEC. 107. CONFORMING AMENDMENT RELATING TO MALI8 CIOUS DESTRUCTION OF INTERSTATE PROP9 ERTY BY EXPLOSIVES.

10 Section 844(i) of title 18 of the United States Code

11 is amended by striking the words ‘‘as provided in section

12 34 of this title’’.

13 SEC. 108. CONFORMING AMENDMENT RELATING TO MUR14 DER.

15 The second paragraph of section 1111(b) of title 18

16 of the United States Code is amended to read as follows:

17 ‘‘Whoever is guilty of murder in the first degree shall

18 be punished by death or by imprisonment for life;’’.

19 SEC. 109. CONFORMING AMENDMENT RELATING TO KILL20 ING OFFICIAL GUESTS OR INTERNATIONALLY

21 PROTECTED PERSONS.

22 Section 1116(a) of title 18 of the United States Code

23 is amended by striking the words ‘‘any such person who

24 is found guilty of murder in the first degree shall be sen25 tenced to imprisonment for life, and’’.
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1 SEC. 110. MURDER BY FEDERAL PRISONER.

2 Chapter 51 of title 18 of the United States Code is

3 amended—

4 (a) by adding at the end thereof the following:

5 ‘‘§ 1118. Murder by a Federal prisoner

6 ‘‘(a) Whoever, while confined in a Federal prison

7 under a sentence for a term of life imprisonment, murders

8 another, shall be punished by death or by life imprison9 ment without the possibility of release.

10 ‘‘(b) For purposes of this section—

11 ‘‘(1) ‘Federal prison’ means any Federal correc12 tional, detention, or penal facility, Federal commu13 nity treatment center, or Federal halfway house, or

14 any such prison operated under contract with the

15 Federal Government;

16 ‘‘(2) ‘term of life imprisonment’ means a sen17 tence for the term of natural life, a sentence com18 muted to natural life, an indeterminate term of a

19 minimum of at least fifteen years and a maximum

20 of life, or an unexecuted sentence of death.’’; and

21 (b) by amending the section analysis to add:

‘‘1118. Murder by a Federal prisoner.’’.

22 SEC. 111. CONFORMING AMENDMENT RELATING TO KID23 NAPPING.

24 Section 1201 of title 18 of the United States Code

25 is amended by inserting after the words ‘‘or for life’’ in
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1 subsection (a) the words ‘‘and, if the death of any person

2 results, shall be punished by death or life imprisonment’’.

3 SEC. 112. CONFORMING AMENDMENT RELATING TO HOS4 TAGE TAKING.

5 Section 1203 of title 18 of the United States Code

6 is amended by inserting after the words ‘‘or for life’’ in

7 subsection (a) the words ‘‘and, if the death of any person

8 results, shall be punished by death or life imprisonment’’.

9 SEC. 113. CONFORMING AMENDMENT RELATING TO MAIL10 ABILITY OF INJURIOUS ARTICLES.

11 The last paragraph of section 1716 of title 18 of the

12 United States Code is amended by changing the comma

13 after the words ‘‘imprisonment for life’’ to a period and

14 deleting the remainder of the paragraph.

15 SEC. 114. CONFORMING AMENDMENT RELATING TO PRESI16 DENTIAL ASSASSINATION.

17 Subsection (c) of section 1751 of title 18 of the Unit18 ed States Code is amended to read as follows:

19 ‘‘(c) Whoever attempts to murder or kidnap any indi20 vidual designated in subsection (a) of this section shall be

21 punished (1) by imprisonment for any term of years or

22 for life, or (2) by death or imprisonment for any term of

23 years or for life, if the conduct constitutes an attempt to

24 murder the President of the United States and results in
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1 bodily injury to the President or otherwise comes dan2 gerously close to causing the death of the President.’’.

3 SEC. 115. CONFORMING AMENDMENT RELATING TO MUR4 DER FOR HIRE.

5 Subsection (a) of section 1958 of title 18 of the

6 United States Code is amended by deleting the words

7 ‘‘and if death results, shall be subject to imprisonment for

8 any term of years or for life, or shall be fined not more

9 than $50,000, or both’’ and inserting in lieu thereof ‘‘and

10 if death results, shall be punished by death or life impris11 onment, or shall be fined in accordance with this title, or

12 both’’.

13 SEC. 116. CONFORMING AMENDMENT RELATING TO VIO14 LENT CRIMES IN AID OF RACKETEERING AC15 TIVITY.

16 Paragraph (1) of subsection (a) of section 1959 of

17 title 18 of the United States Code is amended to read as

18 follows: ‘‘for murder, by death or life imprisonment, or a

19 fine in accordance with this title, or both; and for kidnap20 ping, by imprisonment for any term of years or for life,

21 or a fine in accordance with this title, or both’’;

22 SEC. 117. CONFORMING AMENDMENT RELATING TO

23 WRECKING TRAINS.

24 The second to the last paragraph of section 1992 of

25 title 18 of the United States Code is amended by changing
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1 the comma after the words ‘‘imprisonment for life’’ to a

2 period and deleting the remainder of the section.

3 SEC. 118. CONFORMING AMENDMENT RELATING TO BANK

4 ROBBERY.

5 Section 2113(e) of title 18 of the United States Code

6 is amended by striking the words ‘‘or punished by death

7 if the verdict of the jury shall so direct’’ and inserting

8 in lieu thereof ‘‘or if death results shall be punished by

9 death or life imprisonment’’.

10 SEC. 119. CONFORMING AMENDMENT RELATING TO TER11 RORIST ACTS.

12 Section 2332(a)(1) of title 18 of the United States

13 Code is amended to read as follows:

14 ‘‘(1)(A) if the killing is murder as defined in

15 section 1111(a) of this title, be fined under this title,

16 punished by death or imprisonment for any term of

17 years or for life, or both;’’.

18 SEC. 120. CONFORMING AMENDMENT RELATING TO AIR19 CRAFT HIJACKING.

20 Section 903 of the Federal Aviation Act of 1958, as

21 amended (49 U.S.C. App. 1473), is amended by striking

22 subsection (c).
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1 SEC. 121. CONFORMING AMENDMENT TO CONTROLLED

2 SUBSTANCES ACT.

3 Section 408 of the Controlled Substances Act is

4 amended by striking subsections (g)–(r).

5 SEC. 122. CONFORMING AMENDMENT RELATING TO GENO6 CIDE.

7 Section 1091(b)(1) of title 18 of the United States

8 Code is amended by striking ‘‘a fine of not more than

9 $1,000,000 and imprisonment for life;’’ and inserting in

10 lieu thereof ‘‘by death or imprisonment for life, or a fine

11 of not more than $1,000,000, or both;

12 SEC. 123. INAPPLICABILITY TO UNIFORM CODE OF MILI13 TARY JUSTICE.

14 The provisions of chapter 228 of title 18 of the Unit15 ed States Code, as added by this Act, shall not apply to

16 prosecutions under the Uniform Code of Military Justice

17 (10 U.S.C. 801 et seq.).

18 TITLE II—HABEAS CORPUS REFORM

19 Subtitle A—General Habeas Corpus Reform

20 SEC. 201. SHORT TITLE FOR SUBTITLE A.

21 This subtitle may be cited as the ‘‘Habeas Corpus

22 Reform Act of 1993’’.

23 SEC. 202. PERIOD OF LIMITATION.

24 Section 2244 of title 28, United States Code, is

25 amended by adding at the end thereof the following new

26 subsection:
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1 ‘‘(d) A one-year period of limitation shall apply to an

2 application for a writ of habeas corpus by a person in cus3 tody pursuant to the judgment of a State court. The limi4 tation period shall run from the latest of the following

5 times:

6 ‘‘(1) the time at which State remedies are ex7 hausted;

8 ‘‘(2) the time at which the impediment to filing

9 an application created by State action in violation of

10 the Constitution or laws of the United States is re11 moved, where the applicant was prevented from fil12 ing by such State action;

13 ‘‘(3) the time at which the Federal right as14 serted was initially recognized by the Supreme

15 Court, where the right has been newly recognized by

16 the Court and is retroactively applicable; or

17 ‘‘(4) the time at which the factual predicate of

18 the claim or claims presented could have been dis19 covered through the exercise of reasonable dili20 gence.’’.

21 SEC. 203. APPEAL.

22 Section 2253 of title 28, United States Code, is

23 amended to read as follows:
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1 ‘‘§ 2253. Appeal

2 ‘‘In a habeas corpus proceeding or a proceeding

3 under section 2255 of this title before a circuit or district

4 judge, the final order shall be subject to review, on appeal,

5 by the court of appeals for the circuit where the proceed6 ing is had.

7 ‘‘There shall be no right of appeal from such an order

8 in a proceeding to test the validity of a warrant to remove,

9 to another district or place for commitment or trial, a per10 son charged with a criminal offense against the United

11 States, or to test the validity of his detention pending re12 moval proceedings.

13 ‘‘An appeal may not be taken to the court of appeals

14 from the final order in a habeas corpus proceeding where

15 the detention complained of arises out of process issued

16 by a State court, or from the final order in a proceeding

17 under section 2255 of this title, unless a circuit justice

18 or judge issues a certificate of probable cause.’’

19 SEC. 204. AMENDMENT TO RULES OF APPELLATE PROCE20 DURE.

21 Federal Rule of Appellate Procedure 22 is amended

22 to read as follows:

23 ‘‘RULE 22

24 ‘‘HABEAS CORPUS AND SECTION 2255 PROCEEDINGS

25 ‘‘(a) APPLICATION FOR AN ORIGINAL WRIT OF HA26 BEAS CORPUS.—An application for a writ of habeas cor-
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1 pus shall be made to the appropriate district court. If ap2 plication is made to a circuit judge, the application will

3 ordinarily be transferred to the appropriate district court.

4 If an application is made to or transferred to the district

5 court and denied, renewal of the application before a cir6 cuit judge is not favored; the proper remedy is by appeal

7 to the court of appeals from the order of the district court

8 denying the writ.

9 ‘‘(b) NECESSITY OF CERTIFICATE OF PROBABLE

10 CAUSE FOR APPEAL.—In a habeas corpus proceeding in

11 which the detention complained of arises out of process

12 issued by a State court, and in a motion proceeding pursu13 ant to section 2255 of title 28, United States Code, an

14 appeal by the applicant or movant may not proceed unless

15 a circuit judge issues a certificate of probable cause. If

16 a request for a certificate of probable cause is addressed

17 to the court of appeals, it shall be deemed addressed to

18 the judges thereof and shall be considered by a circuit

19 judge or judges as the court deems appropriate. If no ex20 press request for a certificate is filed, the notice of appeal

21 shall be deemed to constitute a request addressed to the

22 judges of the court of appeals. If an appeal is taken by

23 a State or the Government or its representative, a certifi24 cate or probable cause is not required.’’.
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1 SEC. 205. SECTION 2254 AMENDMENTS.

2 Section 2254 of title 28, United State Code, is

3 amended by redesignating subsections ‘‘(e)’’ and ‘‘(f)’’ as

4 subsections ‘‘(f)’’ and ‘‘(g)’’, respectively, and is further

5 amended—

6 (1) by amending subsection (b) to read as fol7 lows:

8 ‘‘(b) An application for a writ of habeas corpus in

9 behalf of a person in custody pursuant to the judgment

10 of a State court shall not be granted unless it appears

11 that the applicant has exhausted the remedies available

12 in the courts of the State, or that there is either an ab13 sence of available State corrective process or the existence

14 of circumstances rendering such process ineffective to pro15 tect the rights of the applicant. An application may be

16 denied on the merits notwithstanding the failure of the

17 applicant to exhaust the remedies available in the courts

18 of the State.’’;

19 (2) by redesignating subsection ‘‘(d)’’ as sub20 section ‘‘(e)’’, and amending it to read as follows:

21 ‘‘(e) In a proceeding instituted by an application for

22 a writ of habeas corpus by a person in custody pursuant

23 to the judgment of a State court, a full and fair deter24 mination of a factual issue made in the case by a State

25 court shall be presumed to be correct. The applicant shall
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1 have the burden of rebutting this presumption by clear

2 and convincing evidence.’’;

3 (3) by adding a new subsection (d) reading as

4 follows:

5 ‘‘(d) An application for a writ of habeas corpus in

6 behalf of a person in custody pursuant to the judgment

7 of a State court shall not be granted with respect to any

8 claim that has been fully and fairly adjudicated in State

9 proceedings.’’; and

10 (4) by adding a new subsection (h) reading as

11 follows:

12 ‘‘(h) In all proceedings brought under this section,

13 and any subsequent proceedings on review, appointment

14 of counsel for a petitioner who is or becomes financially

15 unable to afford counsel shall be in the discretion of the

16 court, except as provided by a rule promulgated by the

17 Supreme Court pursuant to statutory authority. Appoint18 ment of counsel under this section shall be governed by

19 section 3006A of title 18, United States Code.’’.

20 SEC. 206. SECTION 2255 AMENDMENTS.

21 Section 2255 of title 28, United States Code, is

22 amended by deleting the second paragraph and the penul23 timate paragraph thereof, and by adding at the end there24 of the following new paragraphs:
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1 ‘‘A two-year period of limitation shall apply to a mo2 tion under this section. The limitation period shall run

3 from the latest of the following times:

4 ‘‘(1) the time at which the judgment of convic5 tion becomes final;

6 ‘‘(2) the time at which the impediment to mak7 ing a motion created by governmental action in vio8 lation of the Constitution or laws of the United

9 States is removed, where the movant was prevented

10 from making a motion by such governmental action;

11 ‘‘(3) the time at which the right asserted was

12 initially recognized by the Supreme Court, where the

13 right has been newly recognized by the Court and is

14 retroactively applicable; or

15 ‘‘(4) the time at which the factual predicate of

16 the claim or claims presented could have been dis17 covered through the exercise of reasonable diligence.

18 ‘‘In all proceedings brought under this section, and

19 any subsequent proceedings on review, appointment of

20 counsel for a movant who is or becomes financially unable

21 to afford counsel shall be in the discretion of the court,

22 except as provided by a rule promulgated by the Supreme

23 Court pursuant to statutory authority. Appointment of

24 counsel under this section shall be governed by section

25 3006A of title 18, United States Code.’’.
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1 Subtitle B—Death Penalty Litigation

2 Procedures

3 SEC. 210. SHORT TITLE FOR SUBTITLE B.

4 This subtitle may be cited as the ‘‘Death Penalty

5 Litigation Procedures Act of 1993.’’

6 SEC. 211. DEATH PENALTY LITIGATION PROCEDURES.

7 Title 28, United States Code, is amended by inserting

8 the following new chapter immediately following chapter

9 153:

10 ‘‘CHAPTER 154—SPECIAL HABEAS CORPUS

11 PROCEDURES IN CAPITAL CASES

‘‘Sec.

‘‘2256. Counsel in capital cases; State court.

‘‘2257. Mandatory stay of execution; duration; limits on stays of execution; successive petitions.

‘‘2258. Filing of habeas corpus petition; time requirements; tolling rules.

‘‘2259. Evidentiary hearings; scope of Federal review; district court adjudication.

‘‘2260. Certificate of probable cause inapplicable.

‘‘2261. Application to state unitary review procedures.

‘‘2262. Limitation periods for determining petitions.

‘‘2263. Rule of construction.

12 ‘‘§ 2256. Counsel in capital cases; State court

13 ‘‘(a) A State in which capital punishment may be im14 posed shall provide legal services to—

15 ‘‘(1) indigents charged with offenses for which

16 capital punishment is sought;

17 ‘‘(2) indigents who have been sentenced to

18 death and who seek appellate, collateral, or unitary

19 review in State court; and
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1 ‘‘(3) indigents who have been sentenced to

2 death and who seek certiorari review of State court

3 judgments in the United States Supreme Court.

4 ‘‘(b) The State shall establish an appointing author5 ity, which shall be—

6 ‘‘(1) a statewide defender organization;

7 ‘‘(2) a resource center; or

8 ‘‘(3) a committee appointed by the highest

9 State court, comprised of members of the bar with

10 substantial experience in, or commitment to, crimi11 nal justice.

12 ‘‘(c) The appointing authority shall—

13 ‘‘(1) publish a roster of attorneys qualified to

14 be appointed in capital cases, procedures by which

15 attorneys are appointed, and standards governing

16 qualifications and performance of counsel, which

17 shall include—

18 ‘‘(A) knowledge and understanding of per19 tinent legal authorities regarding issues in cap20 ital cases;

21 ‘‘(B) skills in the conduct of negotiations

22 and litigation in capital cases, the investigation

23 of capital cases and the psychiatric history and

24 current condition of capital clients, and the
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1 preparation and writing of legal papers in cap2 ital cases;

3 ‘‘(C) in the case of counsel appointed for

4 the trial or sentencing stages, 5 years of experi5 ence in the representation of criminal clients in

6 felony cases and experience in at least one case

7 in which the death penalty was sought; and

8 ‘‘(D) in the case of counsel appointed for

9 the appellate, postconviction, or unitary review

10 stages, 5 years of experience in the representa11 tion of criminal clients in felony cases at the

12 appellate, postconviction, unitary review, or cer13 tiorari stages and experience in at least one

14 case in which the client had been sentenced to

15 death;

16 ‘‘(2) monitor the performance of attorneys ap17 pointed and delete from the roster any attorney who

18 fails to meet qualification and performance stand19 ards; and

20 ‘‘(3) appoint a defense team, which shall in21 clude at least 2 attorneys, to represent a client at

22 the relevant stage of proceedings, promptly upon re23 ceiving notice of the need for the appointment from

24 the relevant State court.
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1 ‘‘(d) An attorney who is not listed on the roster shall

2 be appointed only on the request of the client concerned

3 and in circumstances in which the attorney requested is

4 able to provide the client with quality legal representation.

5 ‘‘(e) No counsel appointed pursuant to this section

6 to represent a prisoner in State postconviction proceedings

7 shall have previously represented the prisoner at trial or

8 on direct appeal in the case of which the appointment is

9 made, unless the prisoner and counsel expressly request

10 continued representation.

11 ‘‘(f) The ineffectiveness or incompetence of counsel

12 appointed pursuant to this section during State or Federal

13 postconviction proceedings shall not be a ground for relief

14 in a proceeding arising under section 2254 of this title.

15 The limitation shall not preclude the appointment of dif16 ferent counsel at any phase of State or Federal

17 postconviction proceedings.

18 ‘‘(g) Upon receipt of notice from the appointing au19 thority that an individual entitled to the appointment of

20 counsel under this section has declined to accept such an

21 appointment, the court requesting the appointment shall

22 conduct, or cause to be conducted, a hearing, at which

23 the individual and counsel proposed to be appointed under

24 this section shall be present, to determine the individual’s
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1 competency to decline the appointment, and whether the

2 individual has knowingly and intelligently declined it.

3 ‘‘(h) Attorneys appointed from the private bar shall

4 be compensated on an hourly basis and at a reasonable

5 rate in light of the attorney’s qualifications and experience

6 and the local market for legal representation in cases re7 flecting the complexity and responsibility of capital cases

8 and shall be reimbursed for expenses reasonably incurred

9 in representing the client, including the costs of law clerks,

10 paralegals, investigators, experts, or other support

11 services.

12 ‘‘(i) Support services for staff attorneys of a defender

13 organization or resource center shall be equal to the serv14 ices listed in subsection (h).

15 ‘‘(j) If a State fails to provide counsel in a proceeding

16 specified in subsection (a), or counsel appointed for such

17 a proceeding fails substantially to meet the qualification

18 standards specified in subsections (c)(1) or (d), or the per19 formance standards established by the appointing author20 ity, the court, in an action under this chapter, shall neither

21 presume findings of fact made in such proceeding to be

22 correct nor decline to consider a claim on the ground that

23 it was not raised in such proceeding at the time or in the

24 manner prescribed by State law.
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1 ‘‘§ 2257. Mandatory stay of execution; duration; limits

2 on stays of execution; successive peti3 tions

4 ‘‘(a) Upon the entry in the appropriate State court

5 of record of an order under section 2256(c), a warrant

6 or order setting an execution date for a State prisoner

7 shall be stayed upon application to any court that would

8 have jurisdiction over any proceedings filed under section

9 2254. The application must recite that the State has in10 voked the postconviction review procedures of this chapter

11 and that the scheduled execution is subject to stay.

12 ‘‘(b) A stay of execution granted pursuant to sub13 section (a) shall expire if—

14 ‘‘(1) a State prisoner fails to file a habeas cor15 pus petition under section 2254 within the time re16 quired in section 2258, or fails to make a timely ap17 plication for court of appeals review following the de18 nial of such a petition by a district court; or

19 ‘‘(2) upon completion of district court and court

20 of appeals review under section 2254 the petition for

21 relief is denied and (A) the time for filing a petition

22 for certiorari has expired and no petition has been

23 filed; (B) a timely petition for certiorari was filed

24 and the Supreme Court denied the petition; or (C)

25 a timely petition for certiorari was filed and upon

26 consideration of the case, the Supreme Court dis-
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1 posed of it in a manner that left the capital sentence

2 undisturbed; or

3 ‘‘(3) before a court of competent jurisdiction, in

4 the presence of counsel and after having been ad5 vised of the consequences of his decision, a State

6 prisoner under capital sentence waives the right to

7 pursue habeas corpus review under section 2254.

8 ‘‘(c) If one of the conditions in subsection (b) has

9 occurred, no Federal court thereafter shall have the au10 thority to enter a stay of execution or grant relief in a

11 capital case unless:

12 ‘‘(1) the basis for the stay and request for relief

13 is a claim not previously presented in the State or

14 Federal courts;

15 ‘‘(2) the failure to raise the claim is (A) the re16 sult of State action in violation of the Constitution

17 or laws of the United States; (B) the result of the

18 Supreme Court recognition of a new Federal right

19 that is retroactively applicable; or (C) based on a

20 factual predicate that could not have been discovered

21 through the exercise of reasonable diligence in time

22 to present the claim for State or Federal

23 postconviction review; and

24 ‘‘(3) the facts underlying the claim would be

25 sufficient, if proven, to undermine the court’s con-
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1 fidence in the determination of guilt on the offense

2 or offenses for which the death penalty was imposed.

3 ‘‘§ 2258. Filing of habeas corpus petition; time re4 quirements; tolling rules

5 ‘‘Any petition for habeas corpus relief under section

6 2254 must be filed in the appropriate district court within

7 one hundred and eighty days from the filing in the appro8 priate State court of record of an order under section

9 2256(c). The time requirements established by this section

10 shall be tolled—

11 ‘‘(1) from the date that a petition for certiorari

12 is filed in the Supreme Court until the date of final

13 disposition of the petition if a State prisoner files

14 the petition to secure review by the Supreme Court

15 of the affirmance of a capital sentence on direct re16 view by the court of last resort of the State or other

17 final State court decision on direct review;

18 ‘‘(2) during any period in which a State pris19 oner under capital sentence has a properly filed re20 quest for postconviction review pending before a

21 State court of competent jurisdiction; if all State fil22 ing rules are met in a timely manner, this period

23 shall run continuously from the date that the State

24 prisoner initially files for postconviction review until

25 final disposition of the case by the highest court of
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1 the State, but the time requirements established by

2 this section are not tolled during the pendency of a

3 petition for certiorari before the Supreme Court ex4 cept as provided in paragraph (1); and

5 ‘‘(3) during an additional period not to exceed

6 sixty days, if (A) a motion for an extension of time

7 is filed in the Federal district court that would have

8 proper jurisdiction over the case upon the filing of

9 a habeas corpus petition under section 2254; and

10 (B) a showing of good cause is made for the failure

11 to file the habeas corpus petition within the time

12 period established by this section.

13 ‘‘§ 2259. Evidentiary hearings; scope of Federal re14 view; district court adjudication

15 ‘‘(a) Whenever a State prisoner under a capital sen16 tence files a petition for habeas corpus relief to which this

17 chapter applies, the district court shall:

18 ‘‘(1) determine the sufficiency of the record for

19 habeas corpus review based on the claims actually

20 presented and litigated in the State courts except

21 when the prisoner can show that the failure to raise

22 or develop a claim in the State courts is (A) the re23 sult of State action in violation of the Constitution

24 or laws of the United States; (B) the result of the

25 Supreme Court recognition of a new Federal right
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1 that is retroactively applicable; or (C) based on a

2 factual predicate that could not have been discovered

3 through the exercise of reasonable diligence in time

4 to present the claim for State postconviction review;

5 and

6 ‘‘(2) conduct any requested evidentiary hearing

7 necessary to complete the record for habeas corpus

8 review.

9 ‘‘(b) Upon the development of a complete evidentiary

10 record, the district court shall rule on the claims that are

11 properly before it, but the court shall not grant relief from

12 a judgment of conviction or sentence on the basis of any

13 claim that was fully and fairly adjudicated in State

14 proceedings.

15 ‘‘§ 2260. Certificate of probable cause inapplicable

16 ‘‘The requirement of a certificate of probable cause

17 in order to appeal from the district court to the court of

18 appeals does not apply to habeas corpus cases subject to

19 the provisions of this chapter except when a second or suc20 cessive petition is filed.

21 ‘‘§ 2261. Application to state unitary review proce22 dure

23 ‘‘(a) For purposes of this section, a ‘‘unitary review’’

24 procedure means a State procedure that authorizes a per25 son under sentence of death to raise, in the course of di-
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1 rect review of the judgment, such claims as could be raised

2 on collateral attack. The provisions of this chapter shall

3 apply, as provided in this section, in relation to a State

4 unitary review procedure if the State establishes by rule

5 of its court of last resort or by statute a mechanism for

6 the appointment, compensation and payment of reasonable

7 litigation expenses of competent counsel in the unitary re8 view proceedings, including expenses relating to the litiga9 tion of collateral claims in the proceedings. The rule of

10 court or statute must provide standards of competency for

11 the appointment of such counsel.

12 ‘‘(b) A unitary review procedure, to qualify under this

13 section, must include an offer of counsel following trial

14 for the purpose of representation on unitary review, and

15 the appointment of counsel under section 2256(c), or waiv16 er or denial of appointment of counsel for that purpose.

17 No counsel appointed to represent the prisoner in the uni18 tary review proceedings shall have previously represented

19 the prisoner at trial in the case for which the appointment

20 is made unless the prisoner and counsel expressly request

21 continued representation.

22 ‘‘(c) The provision of sections 2257, 2258, 2259,

23 2260, and 2262 shall apply in relation to cases involving

24 a sentence of death from any State having a unitary re25 view procedure that qualifies under this section. Ref-
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1 erences to State ‘post-conviction review’ and ‘direct review’

2 in those sections shall be understood as referring to uni3 tary review under the State procedure. The references in

4 sections 2257(a) and 2258 to ‘an order under section

5 2256(c)’ shall be understood as referring to the post-trial

6 order under subsection (b) concerning representation in

7 the unitary review proceedings, but if a transcript of the

8 trial proceedings is unavailable at the time of the filing

9 of such an order in the appropriate State court, then the

10 start of the one hundred and eighty day limitation period

11 under section 2258 shall be deferred until a transcript is

12 made available to the prisoner or his counsel.

13 ‘‘§ 2262. Limitation periods for determining petitions

14 ‘‘(a) The adjudication of any petition under section

15 2254 of title 28, United States Code, that is subject to

16 this chapter, and the adjudication of any motion under

17 section 2255 of title 28, United States Code, by a person

18 under sentence of death, shall be given priority by the dis19 trict court and by the court of appeals over all noncapital

20 matters. The adjudication of such a petition or motion

21 shall be subject to the following time limitations:

22 ‘‘(1) The district court shall determine such a

23 petition or motion within one hundred and eighty

24 days of the filing of the petition or motion.
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1 ‘‘(2) The court of appeals shall determine an

2 appeal relating to such a petition or motion within

3 one hundred and eighty days of the filing of the

4 record in the court of appeals. If the court of ap5 peals grants en banc consideration, the en banc

6 court shall determine the appeal within one hundred

7 and eighty days of the decision to grant such consid8 eration.

9 ‘‘(b) The time limitations under subsection (a) shall

10 apply to an initial petition or motion, and to any second

11 or successive petition or motion. The same limitations

12 shall also apply to the re-determination of a petition or

13 motion or related appeal following a remand by the court

14 of appeals or the Supreme Court for further proceedings,

15 and in such a case the limitation period shall run from

16 the date of the remand.

17 ‘‘(c) The time limitations under this secton shall not

18 be construed to entitle a petitioner or movant to a stay

19 of execution, to which the petitioner or movant would oth20 erwise not be entitled, for the purpose of litigating any

21 petition, motion, or appeal.

22 ‘‘(d) the failure of a court to meet or comply with

23 the time limitations under this section shall not be a

24 ground for granting relief from a judgment of conviction

25 or sentence. The State or Government may enforce the
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1 time limitations under this section by applying to the court

2 of appeals or the Supreme Court for a writ of mandamus.

3 ‘‘§ 2263. Rule of construction

4 ‘‘This chapter shall be construed to promote the expe5 ditious conduct and conclusion of State and Federal court

6 review in capital cases.’’.

7 TITLE III—EXCLUSIONARY RULE

8 SEC. 301. CODIFICATION OF EXCEPTIONS TO EXCLUSION9 ARY RULE.

10 The Constitution of the United States does not re11 quire the exclusion from a criminal trial of evidence—

12 (1) obtained in reasonable reliance on a search

13 warrant issued by a detached and neutral magistrate

14 who is not misled, even though the warrant is ulti15 mately determined to be invalid;

16 (2) the legal discovery of which was inevitable,

17 even though the evidence was in fact discovered

18 through constitutionally invalid means; or

19 (3) for which a source exists that is independ20 ent of the source through which the evidence was in

21 fact discovered through constitutionally invalid

22 means.
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1 TITLE IV—FIREARMS

2 Subtitle A—Firearms and Related

3 Amendments

4 SEC. 401. ENHANCED PENALTY FOR USE OF SEMIAUTO5 MATIC FIREARM DURING A CRIME OF VIO6 LENCE OR DRUG TRAFFICKING CRIME.

7 (a) IN GENERAL.—Section 924(c) of title 18, United

8 States Code, is amended by inserting ‘‘, or semiautomatic

9 firearm,’’ after ‘‘short-barreled shotgun’’.

10 (b) SEMIAUTOMATIC FIREARM DEFINED.—Section

11 921(a) of such title is amended by adding at the end the

12 following:

13 ‘‘(29) The term ‘semiautomatic firearm’ means

14 any repeating firearm which utilizes a portion of the

15 energy of a firing cartridge to extract the fired car16 tridge case and chamber the next round, and which

17 requires a separate pull of the trigger to fire each

18 cartridge.’’.

19 SEC. 402. POSSESSION OF A FIREARM OR AN EXPLOSIVE

20 DURING CERTAIN FELONIES.

21 (a) FIREARM.—Section 924(c) of title 18, United

22 States Code, is amended—

23 (1) by striking ‘‘uses or carries’’ and inserting

24 ‘‘possesses’’; and
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1 (2) by striking ‘‘used or carried’’ and inserting

2 ‘‘possessed’’.

3 (b) EXPLOSIVE.—Section 844(h) of such title is

4 amended—

5 (1) by striking ‘‘carries’’ and inserting ‘‘pos6 sesses’’; and

7 (2) by striking ‘‘used or carried’’ and inserting

8 ‘‘possessed’’.

9 SEC. 403. INCREASED PENALTY FOR SECOND OFFENSE OF

10 POSSESSING AN EXPLOSIVE DURING CER11 TAIN FELONIES.

12 Section 844(h) of title 18, United States Code, is

13 amended by striking ‘‘ten’’ and inserting ‘‘twenty’’.

14 SEC. 404. CLARIFICATION OF DEFINITION OF CONVICTION.

15 Section 921(a)(20) of title 18, United States Code,

16 is amended by adding at the end the following:

17 ‘‘The immediately preceding sentence shall not apply

18 to a conviction for a violent felony (as defined in section

19 924(e)(2)(B)) involving the threatened or actual use of a

20 firearm or explosive, or for a serious drug offense (as de21 fined in section 924(e)(2)(A)).’’.
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1 SEC. 405. AUTHORITY TO CONSIDER PRETRIAL DETENTION

2 FOR CERTAIN FIREARMS AND EXPLOSIVES

3 OFFENSES.

4 Section 3142(f)(1) of title 18, United States Code,

5 is amended—

6 (1) by striking ‘‘or’’ at the end of subparagraph

7 (C); and

8 (2) by redesignating subparagraph (D) as sub9 paragraph (E); and

10 (3) by inserting after subparagraph (C) the fol11 lowing:

12 ‘‘(D) an offense under section 844(a) of

13 this title that is a violation of subsection (d),

14 (h), or (i) of section 842 of this title, or an of15 fense under section 924(a) of this title that is

16 a violation of subsection (d), (g), (h), (i), (j), or

17 (o) of section 922 of this title, or an offense

18 under section 844(d), or subsection (b), (g),

19 (h), or (i) of section 922, of this title; or’’.

20 SEC. 406. SMUGGLING FIREARMS IN AID OF DRUG TRAF21 FICKING.

22 Section 924 of title 18, United States Code, is

23 amended by adding at the end the following:

24 ‘‘(i) Whoever, with the intent to engage in or to pro25 mote conduct which—
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1 ‘‘(1) is punishable under the Controlled Sub2 stances Act (21 U.S.C. 801 et seq.), the Controlled

3 Substances Import and Export Act (21 U.S.C. 951

4 et seq.), or the Maritime Drug Law Enforcement

5 Act (46 U.S.C. App. 1901 et seq.);

6 ‘‘(2) violates any law of a State relating to any

7 controlled substance (as defined in section 102 of

8 the Controlled Substances Act, 21 U.S.C. 802); or

9 ‘‘(3) constitutes a crime of violence (as defined

10 in subsection (c)(3);

11 smuggles or knowingly brings into the United States a

12 firearm, or attempts to do so, shall be imprisoned for not

13 more than ten years, fined under this title, or both.’’.

14 SEC. 407. THEFT OF FIREARMS AND EXPLOSIVES.

15 (a) FIREARMS.—Section 924 of title 18, United

16 States Code, as amended by section 406 of this Act, is

17 amended by adding at the end the following:

18 ‘‘(j) Whoever steals any firearm which is moving as,

19 or is a part of, or which has moved in, interstate or foreign

20 commerce shall be imprisoned for not less than two or

21 more than ten years, and may be fined under this title.’’.

22 (b) EXPLOSIVES.—Section 844 of such title is

23 amended by adding at the end the following:

24 ‘‘(k) Whoever steals any explosive materials which are

25 moving as, or are a part of, or which have moved in, inter-
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1 state or foreign commerce shall be imprisoned for not less

2 than two or more than ten years, and may be fined under

3 this title.’’.

4 SEC. 408. MANDATORY REVOCATION OF SUPERVISED RE5 LEASE FOR POSSESSION OF A FIREARM.

6 Section 3583 of title 18, United States Code is

7 amended by adding at the end the following:

8 ‘‘(h) MANDATORY REVOCATION FOR POSSESSION OF

9 A FIREARM.—If the court has provided, as a condition of

10 supervised release, that the defendant refrain from pos11 sessing a firearm, and if the defendant is in possession

12 of a firearm (as defined in section 921) at any time before

13 the expiration or termination of the term of supervised re14 lease, the court shall, after a hearing pursuant to the pro15 visions of the Federal Rules of Criminal Procedure that

16 are applicable to probation revocation, revoke the term of

17 supervised release and, subject to subsection (e)(3) of this

18 section, require the defendant to serve in prison all or part

19 of the term of supervised release without credit for time

20 previously served on postrelease supervision.’’.
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1 SEC. 409. INCREASED PENALTY FOR KNOWINGLY FALSE,

2 MATERIAL STATEMENT IN CONNECTION

3 WITH THE ACQUISITION OF A FIREARM FROM

4 A LICENSED DEALER.

5 Section 924(a) of title 18, United States Code, is

6 amended—

7 (1) in paragraph (1)(B), by striking ‘‘(a)(6),’’;

8 and

9 (2) in paragraph (2), by inserting ‘‘(a)(6),’’

10 after ‘‘subsection’’.

11 SEC. 410. STATUTE OF LIMITATIONS FOR CERTAIN GANG12 STER WEAPON OFFENSES.

13 Section 6531 of the Internal Revenue Code of 1986

14 (relating to periods of limitation of criminal prosecutions)

15 is amended by striking ‘‘except that the period of limita16 tion shall be 6 years’’ and inserting ‘‘except that the pe17 riod of limitation shall be 5 years for offenses described

18 in section 5861 (relating to firearms) and the period of

19 limitation shall be 6 years’’.

20 SEC. 411. POSSESSION OF EXPLOSIVES BY FELONS AND

21 OTHERS.

22 Section 842(i) of title 18, United States Code, is

23 amended by inserting ‘‘or possess’’ after ‘‘to receive’’.
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1 SEC. 412. SUMMARY DESTRUCTION OF EXPLOSIVES SUB2 JECT TO FORFEITURE.

3 Section 844(c) of title 18, United States Code, is

4 amended—

5 (1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and

6 (2) by adding at the end the following:

7 ‘‘(2) Notwithstanding paragraph (1), in the case of

8 the seizure of any explosive materials for any offense for

9 which the materials would be subject to forfeiture in which

10 it is impracticable or unsafe to remove the materials to

11 a place of storage, or unsafe to store the materials, the

12 seizing officer may destroy the materials forthwith. Any

13 destruction under this paragraph shall be in the presence

14 of at least one credible witness. The seizing officer shall

15 make a report of the seizure and take samples as the Sec16 retary may by regulation prescribe.

17 ‘‘(3) Within sixty days after any destruction pursuant

18 to paragraph (2), the owner of, including any person hav19 ing an interest in, the property so destroyed may make

20 application to the Secretary for reimbursement of the

21 value of the property. If the claimant establishes to the

22 satisfaction of the Secretary that—

23 ‘‘(A) the property has not been used or involved

24 in a violation of law; or
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1 ‘‘(B) any unlawful involvement or use of the

2 property was without the claimant’s knowledge, con3 sent, or willful blindness,

4 the Secretary shall make an allowance to the claimant not

5 exceeding the value of the property destroyed.’’.

6 SEC. 413. SUMMARY FORFEITURE OF UNREGISTERED NA7 TIONAL FIREARMS ACT WEAPONS.

8 Subsection (a) of section 5872 of the Internal Reve9 nue Code of 1986 is amended—

10 (1) by striking ‘‘(a) LAWS APPLICABLE.—Any

11 firearm’’ and inserting the following:

12 ‘‘(a) LAWS APPLICABLE.—

13 ‘‘(1) IN GENERAL.—Except as provided in para14 graph (2), any firearm’’,

15 (2) by moving the text thereof 2 ems to the

16 right, and

17 (3) by adding at the end thereof the following

18 new paragraphs:

19 ‘‘(2) UNREGISTERED NATIONAL FIREARMS ACT

20 WEAPONS.—Sections 7323 and 7325 shall not apply

21 to any firearm which is not registered in the Na22 tional Firearms Registration and Transfer Record

23 pursuant to section 5841. Except as provided in

24 paragraph (3), no property rights shall exist in any
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1 such unregistered firearm and it shall be summarily

2 forfeited to the United States.

3 ‘‘(3) RIGHTS OF INNOCENT OWNERS.—The Sec4 retary may reimburse any person holding an interest

5 in a firearm summarily forfeited under paragraph

6 (2) for the value of such interest if—

7 ‘‘(A) such person files a claim for reim8 bursement within 1 year after the date of such

9 summary forfeiture, and

10 ‘‘(B) such person establishes to the satis11 faction of the Secretary that—

12 ‘‘(i) such firearm has not been in13 volved or used in a violation of law, or

14 ‘‘(ii) any unlawful involvement or use

15 of such firearm had been without the

16 claimant’s consent, knowledge, or willful

17 blindness.’’

18 SEC. 414. DISPOSITION OF FORFEITED FIREARMS.

19 Section 5872(b) of the Internal Revenue Code of

20 1986 is amended to read as follows:

21 ‘‘(b) DISPOSAL.—If any firearm is forfeited and there

22 is no remission or mitigation of forfeiture thereof—

23 ‘‘(1) the Secretary may—

24 ‘‘(A) retain the firearm for the official use

25 of the Department of the Treasury,
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1 ‘‘(B) transfer the firearm without charge

2 to any other executive department or independ3 ent establishment of the United States for its

4 official use, or

5 ‘‘(C) sell the firearm to any State, any pos6 session of the United States, or any political

7 subdivision of the foregoing for its official use,

8 ‘‘(2) in the case of a firearm which is not a ma9 chine gun and is not a firearm forfeited for a viola10 tion of this chapter, the Secretary may sell such fire11 arm, after public notice, at public sale to a dealer

12 licensed under chapter 44 of title 18, United States

13 Code if, in the opinion of the Secretary—

14 ‘‘(A) such firearm is not so defective that

15 its disposition pursuant to this paragraph would

16 create an unreasonable risk of a malfunction

17 likely to result in death or bodily injury, and

18 ‘‘(B) such firearm derives a substantial

19 part of its monetary value because it is novel or

20 rare or because it is associated with some his21 torical figure, period, or event, and

22 ‘‘(3) the Secretary may transfer the firearm to

23 the Administrator of General Services, General Serv24 ices Administration, who shall destroy or provide for

25 the destruction of such firearm.
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1 No decision or action of the Secretary pursuant to this

2 subsection shall be subject to judicial review.’’.

3 SEC. 415. ELIMINATION OF OUTMODED LANGUAGE RELAT4 ING TO PAROLE.

5 Section 924 of title 18, United States Code, is

6 amended—

7 (1) in subsection (c)(1), by striking ‘‘No person

8 sentenced under this subsection shall be eligible for

9 parole during the term of imprisonment imposed

10 herein.’’; and

11 (2) in subsection (e)(1), by striking ‘‘, and such

12 person shall not be eligible for parole with respect to

13 the sentence imposed under this subsection’’.

14 SEC. 416. POSSESSION OF STOLEN FIREARMS.

15 Section 922(j) of title 18, United States Code, is

16 amended by inserting ‘‘possess,’’ before ‘‘receive,’’.

17 SEC. 417. ENHANCED PENALTIES FOR USE OF A FIREARM

18 DURING COUNTERFEITING OR FORGERY.

19 Section 924(c)(1) of title 18, United States Code, is

20 amended by inserting ‘‘or during and in relation to any

21 felony punishable under chapter 25 (relating to counter22 feiting and forgery),’’ after ‘‘United States,’’.
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1 SEC. 418. MANDATORY PENALTY FOR FIREARMS POSSES2 SION BY VIOLENT FELONS AND SERIOUS

3 DRUG OFFENDERS.

4 Section 924(a)(2) of title 18, United States Code, is

5 amended by inserting ‘‘, and if the violation is of section

6 922(g)(1) by a person who has a previous conviction for

7 a violent felony (as defined in subsection (e)(2)(B) of this

8 section) or a serious drug offense (as defined in subsection

9 (e)(2)(A) of this section), a sentence imposed under this

10 paragraph shall include a term of imprisonment of not less

11 than five years’’ before the period.

12 SEC. 419. REPORTING OF MULTIPLE FIREARMS SALES.

13 Section 923(g)(3) of title 18, United States Code, is

14 amended—

15 (1) by striking ‘‘five’’ and inserting ‘‘thirty’’;

16 and

17 (2) by adding at the end the following: ‘‘Each

18 licensee shall forward a copy of the report to the

19 chief law enforcement officer of the place of resi20 dence of the unlicensed person not later than the

21 close of business on the date that the multiple sale

22 or disposition occurs.’’.
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1 SEC. 420. POSSESSION OF STOLEN FIREARMS AND EXPLO2 SIVES.

3 (a) FIREARMS.—Section 922(j) of title 18, United

4 States Code, is amended by inserting ‘‘possess,’’ before

5 ‘‘conceal’’.

6 (b) EXPLOSIVES.—Section 842(h) of title 18, United

7 States Code, is amended by inserting ‘‘possess,’’ before

8 ‘‘conceal’’.

9 SEC. 421. RECEIPT OF FIREARMS BY NONRESIDENT.

10 Section 922(a) of title 18, United States Code, is

11 amended—

12 (1) in paragraph (7), by striking ‘‘and’’ at the

13 end;

14 (2) in paragraph (8), by striking the period at

15 the end and inserting ‘‘; and’’; and

16 (3) by adding at the end the following:

17 ‘‘(9) for any person (other than a person li18 censed under section 923) who does not reside in

19 any State to receive a firearm.’’.

20 SEC. 422. FIREARMS AND EXPLOSIVES CONSPIRACY.

21 (a) FIREARMS.—Section 924 of title 18, United

22 States Code, as amended by sections 406 and 407(a) of

23 this Act, is amended by adding at the end the following:

24 ‘‘(j) Whoever conspires to commit any offense under

25 this chapter shall be subject to the same penalties as those
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1 prescribed for the offense the commission of which was

2 the object of the conspiracy.’’.

3 (b) EXPLOSIVES.—Section 844 of such title, as

4 amended by section 407(b) of this Act, is amended by add5 ing at the end the following:

6 ‘‘(l) Whoever conspires to commit any offense under

7 this chapter shall be subject to the same penalties as those

8 prescribed for the offense the commission of which was

9 the object of the conspiracy.’’.

10 SEC. 423. THEFT OF FIREARMS OR EXPLOSIVES FROM LI11 CENSEE.

12 (a) FIREARMS.—Section 924 of title 18, United

13 States Code, as amended by sections 406, 407(a), and

14 422(a) of this Act, is amended by adding at the end the

15 following:

16 ‘‘(k) Whoever steals any firearm from a person li17 censed under section 923 shall be fined in accordance with

18 this title, imprisoned not more than ten years, or both.’’.

19 (b) EXPLOSIVES.—Section 844 of title 18, United

20 States Code, as amended by sections 407(b) and 422(b)

21 of this Act, is amended by adding at the end the following:

22 ‘‘(m) Whoever steals any explosive material from a

23 licensed importer, licensed manufacturer or licensed deal24 er, or from any permittee, shall be fined in accordance
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1 with this title, imprisoned not more than ten years, or

2 both.’’.

3 SEC. 424. DISPOSITION OF EXPLOSIVES TO PROHIBITED

4 PERSONS.

5 Section 842(d) of title 18, United States Code, is

6 amended by striking ‘‘licensee’’ and inserting ‘‘person’’.

7 Subtitle B—Prohibited Gun Clips and

8 Magazines

9 SEC. 431. FINDINGS.

10 The Congress finds that—

11 (1) offenses involving firearms equipped with

12 magazines, belts, drums, feed strips, and other simi13 lar devices that enable such firearms to fire more

14 than fifteen rounds without reloading, and particu15 larly drug offenses, with their attendant loss of life

16 and the generation of illegal profits, affect interstate

17 and foreign commerce; and

18 (2) such devices are themselves sold in inter19 state and foreign commerce, and are moved in com20 merce for the purpose of use in violent crimes.

21 SEC. 432. CERTAIN AMMUNITION CLIPS AND MAGAZINES

22 DEFINED AS FIREARMS.

23 Section 921(a)(3) of title 18, United States Code, is

24 amended in the 1st sentence—
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1 (1) by striking ‘‘or (D)’’ and inserting ‘‘(D)’’;

2 and

3 (2) by inserting ‘‘; or (E) any ammunition feed4 ing device’’ before the period.

5 SEC. 433. DEFINITION OF AMMUNITION FEEDING DEVICE.

6 Section 921(a) of title 18, United States Code, as

7 amended by section 401(b) of this Act, is amended by add8 ing at the end the following:

9 ‘‘(30) The term ‘ammunition feeding device’

10 means a detachable magazine, belt, drum, feed strip,

11 or similar device which has a capacity of, or which

12 can be readily restored or converted to accept, more

13 than 15 rounds of ammunition. The term also in14 cludes any combination of parts from which such de15 vice can be assembled.’’.

16 SEC. 434. PROHIBITIONS APPLICABLE TO AMMUNITION

17 FEEDING DEVICES.

18 Section 922 of title 18, United States Code, is

19 amended by adding at the end the following:

20 ‘‘(t)(1) It shall be unlawful for any person to transfer

21 or possess an ammunition feeding device.

22 ‘‘(2) Paragraph (1) shall not apply to—

23 ‘‘(A) any importation or manufacture of an am24 munition feeding device for sale or distribution, by

25 a licensed importer or licensed manufacturer, to the
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1 United States or any department or agency thereof

2 or to any State or any department, agency, or politi3 cal subdivision thereof;

4 ‘‘(B) any transfer or possession (in accordance

5 with subsections (u) and (v)) of such a device that

6 was lawfully possessed before the date of the enact7 ment of this subsection; or

8 ‘‘(C) any manufacture of an ammunition feed9 ing device for the purpose of exportation.

10 ‘‘(u) The Secretary shall maintain a central registry

11 of all ammunition feeding devices transferred after the

12 date of the enactment of this subsection which, after such

13 transfer, are not in the possession or under the control

14 of the United States or any department or agency thereof,

15 or any State or any department, agency, or political sub16 division thereof. This registry shall be known as the Na17 tional Ammunition Feeding Device Registry. The registry

18 shall include—

19 ‘‘(1) identification of the device;

20 ‘‘(2) date of registration;

21 ‘‘(3) identification and address of the person

22 entitled to possess the device; and

23 ‘‘(4) such other information as may be required

24 by regulations promulgated by the Secretary.
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1 ‘‘(v) Each transferor of an ammunition feeding device

2 that was lawfully possessed before the date of the enact3 ment of this subsection shall (except in the case of a trans4 fer to the United States, or any department or agency

5 thereof or any State or any department, agency, or politi6 cal subvision thereof) register the device to the transferee

7 in accordance with regulations promulgated by the Sec8 retary. Any information or evidence required to be pro9 vided in the course of such registration by a natural per10 son shall be subject to the use-restriction provisions of sec11 tion 5848 of the Internal Revenue Code of 1986. The

12 transferor shall, contemporaneously with the registration

13 of the device, pay a fee of $25 to the Secretary. A trans14 feree of an ammunition feeding device required to be reg15 istered pursuant to this subsection shall retain proof of

16 such registration which shall be made available to the Sec17 retary upon request.’’.

18 SEC. 435. IDENTIFICATION MARKINGS FOR AMMUNITION

19 FEEDING DEVICES.

20 Section 923(i) of title 18, United States Code, is

21 amended by adding at the end the following: ‘‘An ammuni22 tion feeding device shall be identified by a serial number

23 and such other identification as the Secretary may by reg24 ulations prescribe.’’.
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1 SEC. 436. CRIMINAL PENALTIES.

2 Section 924(a)(2) of title 18, United States Code, is

3 amended by striking ‘‘or (o)’’ and inserting ‘‘(o), or (t)’’.

4 SEC. 437. NONINTERRUPTION OF BUSINESS FOR PERSONS

5 IN THE BUSINESS OF IMPORTING OR MANU6 FACTURING AMMUNITION FEEDING DEVICES.

7 Any person who, as of the date of the enactment of

8 this Act, is engaged in the business of manufacturing or

9 importing ammunition feeding devices (as defined in sec10 tion 921(a)(30) of title 18, United States Code), who (but

11 for this section) would be prohibited from continuing such

12 business without becoming a licensed manufacturer or li13 censed importer, as the case may be, under chapter 44

14 of such title, and who, within 30 days after such date,

15 applies for such a license, may continue to engage in such

16 business pending final action on the application. Chapter

17 44 of title 18, United States Code, shall apply to any such

18 applicant, during the pendency of the application, in the

19 same manner and to the same extent as if the applicant

20 were a holder of a license under chapter 44.

21 TITLE V—OBSTRUCTION OF JUSTICE

22 SEC. 501. PROTECTION OF COURT OFFICERS AND JURORS.

23 Section 1503 of title 18, United States Code, is

24 amended—

25 (1) by designating the current text as sub26 section (a);
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1 (2) by striking ‘‘fined not more than $5,000 or

2 imprisoned not more than five years, or both.’’ and

3 inserting ‘‘punished as provided in subsection (b).’’;

4 (3) by adding at the end the following:

5 ‘‘(b) The punishment for an offense under this sec6 tion is—

7 ‘‘(1) in the case of a killing, the punishment

8 provided in sections 1111 and 1112 of this title;

9 ‘‘(2) in the case of an attempted killing, or a

10 case in which the offense was committed against a

11 petit juror and in which a class A or B felony was

12 charged, imprisonment for not more than twenty

13 years; and

14 ‘‘(3) in any other case, imprisonment for not

15 more than ten years.’’; and

16 ‘‘(4) in subsection (a), as designated by this

17 section, by striking ‘‘commissioner’’ each place it ap18 pears and inserting thereof ‘‘magistrate judge’’.

19 SEC. 502. PROHIBITION OF RETALIATORY KILLINGS OF

20 WITNESSES, VICTIMS AND INFORMANTS.

21 Section 1513 of title 18, United States Code, is

22 amended—

23 (1) by redesignating subsections (a) and (b) as

24 subsections (b) and (c), respectively; and

25 (2) by inserting a new subsection (a) as follows:
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1 ‘‘(a)(1) Whoever kills or attempts to kill another per2 son with intent to retaliate against any person for—

3 ‘‘(A) the attendance of a witness or party at an

4 official proceeding, or any testimony given or any

5 record, document, or other object produced by a wit6 ness in an official proceeding; or

7 ‘‘(B) any information relating to the commis8 sion or possible commission of a Federal offense or

9 a violation of conditions of probation, parole or re10 lease pending judicial proceedings given by a person

11 to a law enforcement officer; shall be punished as

12 provided in paragraph (2).

13 ‘‘(2) The punishment for an offense under this sub14 section is—

15 ‘‘(A) in the case of a killing, the punishment

16 provided in sections 1111 and 1112 of this title; and

17 ‘‘(B) in the case of an attempt, imprisonment

18 for not more than twenty years.’’.

19 SEC. 503. PROTECTION OF STATE OR LOCAL LAW ENFORCE20 MENT OFFICERS PROVIDING ASSISTANCE TO

21 FEDERAL LAW ENFORCEMENT OFFICERS.

22 Section 1114 of title 18, United States Code, is

23 amended by inserting ‘‘, or any State or local law enforce24 ment officer while assisting, or on account of his or her

25 assistance of, any Federal officer or employee covered by
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1 this section in the performance of duties,’’ before ‘‘shall

2 be punished’’.

3 TITLE VI—GANGS AND JUVENILE

4 OFFENDERS

5 SEC. 601. AMENDMENTS CONCERNING RECORDS OF

6 CRIMES COMMITTED BY JUVENILES.

7 (a) Section 5038 of title 18, United States Code, is

8 amended—

9 (1) by striking subsections (d) and (f);

10 (2) redesignating subsection (e) as subsection

11 (d), and

12 (3) adding at the end the following:

13 ‘‘(e) Whenever a juvenile has been found guilty of

14 committing an act which if committed by an adult would

15 be an offense described in clause (3) of the first paragraph

16 of section 5032 of this title, the juvenile shall be

17 fingerprinted and photographed, and the fingerprints and

18 photograph shall be sent to the Federal Bureau of Inves19 tigation, Identification Division. The court shall also

20 transmit to the Federal Bureau of Investigation, Identi21 fication Division, the information concerning the adjudica22 tion, including name, date of adjudication, court, offenses,

23 and sentence, along with the notation that the matter was

24 a juvenile adjudication. The fingerprints, photograph, and

25 other records and information relating to a juvenile de-
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1 scribed in this subsection, or to a juvenile who is pros2 ecuted as an adult, shall be made available in the manner

3 applicable to adult defendants.

4 ‘‘(f) In addition to any other authorization under this

5 section for the reporting, retention, disclosure or availabil6 ity of records or information, if the law of the State in

7 which a Federal juvenile delinquency proceeding takes

8 place permits or requires the reporting, retention, disclo9 sure or availability of records or information relating to

10 a juvenile or to a juvenile delinquency proceeding or adju11 dication in certain circumstances, then such reporting, re12 tention, disclosure or availability is permitted under this

13 section whenever the same circumstances exist.’’.

14 (b) Section 3607 of title 18, United States Code, is

15 repealed, and the corresponding reference in the table of

16 sections at the beginning of chapter 229 of title 18 is

17 deleted.

18 (c) Section 401(b)(4) of the Controlled Substances

19 Act (21 U.S.C. 841(b)(4)) is amended by striking ‘‘and

20 section 3607 of title 18’’.

21 SEC. 602. ADULT PROSECUTION OF SERIOUS JUVENILE OF22 FENDERS.

23 Section 5032 of title 18, United States Code, is

24 amended—

25 (1) in the first undesignated paragraph—
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1 (A) by striking ‘‘an offense described in

2 section 401 of the Controlled Substances Act

3 (21 U.S.C. 841), or section 1002(a), 1003,

4 1005, 1009, or 1010(b) (1), (2), or (3) of the

5 Controlled Substances Import and Export Act

6 (21 U.S.C. 952(a), 953, 955, 959, 960(b) (1),

7 (2), (3)),’’ and inserting ‘‘an offense (or a con8 spiracy or attempt to commit an offense) de9 scribed in section 401, or 404 (insofar as the

10 violation involves more than 5 grams of a mix11 ture or substance which contains cocaine base),

12 of the Controlled Substances Act (21 U.S.C.

13 841, 844, or 846), section 1002(a), 1003, 1005,

14 1009, 1010(b) (1), (2), or (3), of the Controlled

15 Substances Import and Export Act (21 U.S.C.

16 952(a), 953, 955, 959, 960(b) (1), (2), or (3),

17 or 963),’’; and

18 (B) by striking ‘‘922(p)’’ and inserting in

19 lieu thereof ‘‘924 (b), (g), or (h)’’;

20 (2) in the fourth undesignated paragraph—

21 (A) by striking ‘‘an offense described in

22 section 401 of the Controlled Substances Act

23 (21 U.S.C. 841), or section 1002(a), 1005, or

24 1009 of the Controlled Substances Import and

25 Export Act (21 U.S.C. 952(a), 955, 959)’’ and
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1 inserting ‘‘an offense (or a conspiracy or at2 tempt to commit an offense) described in sec3 tion 401, or 404 (insofar as the violation in4 volves more than 5 grams of a mixture or sub5 stance which contains cocaine base), of the Con6 trolled Substances Act (21 U.S.C. 841, 844 or

7 846), section 1002(a), 1005, 1009, 1010(b) (1),

8 (2), or (3), of the Controlled Substances Import

9 and Export Act (21 U.S.C. 952(a), 955, 959,

10 960(b) (1), (2), or (3), or 963), or section

11 924(b), (g), or (h) of this title,’’; and

12 (B) by striking ‘‘subsection (b)(1) (A),

13 (B), or (C), (d), or (e) of section 401 of the

14 Controlled Substances Act, or section 1002(a),

15 1003, 1009, or 1010(b) (1), (2), or (3) of the

16 Controlled Substances Import and Export Act

17 (21 U.S.C. 952(a), 953, 959, 960(b) (1), (2),

18 (3))’’ and inserting ‘‘or an offense (or conspir19 acy or attempt to commit an offense) described

20 in section 401(b)(1) (A), (B), or (C), (d), or

21 (e), or 404 (insofar as the violation involves

22 more than 5 grams of a mixture or substance

23 which contains cocaine base), of the Controlled

24 Substances Act (21 U.S.C. 841(b)(1) (A), (B),

25 or (C), (d), or (e), 844 or 846) or section
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1 1002(a), 1003, 1009, 1010(b) (1), (2), or (3)

2 of the Controlled Substances Import and Ex3 port Act (21 U.S.C. 952(a), 953, 959,

4 960(b)(1), (2), or (3), or 963)’’; and

5 (3) in the fifth undesignated paragraph by add6 ing at the end the following: ‘‘In considering the na7 ture of the offense, as required by this paragraph,

8 the court shall consider the extent to which the juve9 nile played a leadership role in an organization, or

10 otherwise influenced other persons to take part in

11 criminal activities, involving the use or distribution

12 of controlled substances or firearms. Such factor, if

13 found to exist, shall weigh heavily in favor of a

14 transfer to adult status, but the absence of this fac15 tor shall not preclude such a transfer.’’.

16 SEC. 603. SERIOUS DRUG OFFENSES BY JUVENILES AS

17 ARMED CAREER CRIMINAL ACT PREDICATES.

18 Section 924(e)(2)(A) of title 18, United States Code,

19 is amended—

20 (1) by striking ‘‘or’’ at the end of clause (i);

21 (2) by striking ‘‘or’’ at the end of clause (ii)

22 and inserting ‘‘and’’; and

23 (3) by adding at the end the following:
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1 ‘‘(iii) any act of juvenile delinquency

2 that if committed by an adult would be an

3 offense described in clause (i) or (ii); and’’.

4 SEC. 604. INCREASED PENALTY FOR TRAVEL ACT CRIMES

5 INVOLVING VIOLENCE.

6 Section 1952(a) of title 18, United States Code, is

7 amended by striking ‘‘and thereafter performs or attempts

8 to perform any of the acts specified in subparagraphs (1),

9 (2), and (3), shall be fined not more than $10,000 or im10 prisoned for not more than five years, or both’’ and insert11 ing ‘‘and thereafter performs or attempts to perform (A)

12 any of the acts specified in subparagraphs (1) and (3)

13 shall be fined under this title or imprisoned for not more

14 than five years, or both, or (B) any of the acts specified

15 in subparagraph (2) shall be fined under this title or im16 prisoned for not more than twenty years, or both, and if

17 death results shall be imprisoned for any term of years

18 or for life’’.

19 SEC. 605. INCREASED PENALTY FOR CONSPIRACY TO COM20 MIT MURDER FOR HIRE.

21 Section 1958(a) of title 18, United States Code, is

22 amended by inserting ‘‘or who conspires to do so’’ before

23 ‘‘shall be fined’’ the first place it appears.
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1 TITLE VII—TERRORISM

2 Subtitle A—Aviation Terrorism

3 SEC. 701. IMPLEMENTATION OF THE 1988 PROTOCOL FOR

4 THE SUPPRESSION OF UNLAWFUL ACTS OF

5 VIOLENCE AT AIRPORTS SERVING INTER6 NATIONAL CIVIL AVIATION.

7 (a) OFFENSE.—Chapter 2 of title 18, United States

8 Code, is amended by adding at the end thereof the follow9 ing new section:

10 ‘‘§ 36. Violence at international airports

11 ‘‘(a) Whoever in a circumstance described in sub12 section (b) of this section unlawfully and intentionally,

13 using any device, substance or weapon,—

14 ‘‘(1) performs an act of violence against a per15 son at an airport serving international civil aviation

16 which causes or is likely to cause serious injury or

17 death; or

18 ‘‘(2) destroys or seriously damages the facilities

19 of an airport serving international civil aviation or a

20 civil aircraft not in service located thereon or dis21 rupts the services of the airport;

22 if such an act endangers or is likely to endanger safety

23 at that airport, or attempts to do such an act, shall be

24 fined under this title or imprisoned not more than twenty

25 years, or both; and if the death of any person results from
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1 conduct prohibited by this subsection, shall be punished

2 by death or imprisoned for any term of years or for life.

3 ‘‘(b) The circumstances referred to in subsection (a)

4 are that—

5 ‘‘(1) the prohibited activity takes place in the

6 United States; or

7 ‘‘(2) the prohibited activity takes place outside

8 of the United States and the offender is later found

9 in the United States.’’.

10 (b) CLERICAL AMENDMENT.—The table of sections

11 at the beginning of chapter 2 of title 18, United States

12 Code, is amended by adding at the end the following:

‘‘36. Violence at international airports.’’.

13 (c) EFFECTIVE DATE.—This section shall take effect

14 on the later of—

15 (1) the date of the enactment of this subtitle;

16 or

17 (2) the date the Protocol for the Suppression of

18 Unlawful Acts of Violence at Airports Serving Inter19 national Civil Aviation, Supplementary to the Con20 vention for the Suppression of Unlawful Acts against

21 the Safety of Civil Aviation, done at Montreal on 23

22 September 1971, has come into force and the United

23 States has become a party to the Protocol.
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1 SEC. 702. AMENDMENT TO FEDERAL AVIATION ACT.

2 Section 902(n) of the Federal Aviation Act of 1958

3 (49 U.S.C. App. 1472(n)) is amended by—

4 (1) striking out paragraph (3); and

5 (2) renumbering paragraph (4) as paragraph

6 (3).

7 Subtitle B—Maritime Terrorism

8 SEC. 711. SHORT TITLE FOR SUBTITLE B.

9 This subtitle may be cited as the ‘‘Act for the Preven10 tion and Punishment of Violence Against Maritime Navi11 gation and Fixed Platforms’’.

12 SEC. 712. FINDINGS.

13 The Congress finds that—

14 (1) the Convention for the Suppression of Un15 lawful Acts Against the Safety of Maritime Naviga16 tion requires each contracting State to establish its

17 jurisdiction over certain offenses affecting the safety

18 of maritime navigation;

19 (2) the Protocol for the Suppression of Unlaw20 ful Acts Against the Safety of Fixed Platforms Lo21 cated on the Continental Shelf, which accompanies

22 the aforementioned Convention, requires that each

23 contracting State to the Protocol establish its juris24 diction over certain offenses affecting the safety of

25 fixed platforms;
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1 (3) such offenses place innocent lives and prop2 erty in jeopardy, endanger national security, affect

3 domestic tranquility, gravely affect interstate and

4 foreign commerce, and are offenses against the law

5 of nations;

6 (4) on December 27, 1988, the President of the

7 United States issued Proclamation 5928 proclaiming

8 that the territorial sea of the United States hence9 forth extended to 12 nautical miles from the base10 lines of the United States determined in accordance

11 with international law; and

12 (5) on November 5, 1989, the Senate gave its

13 advice and consent to ratification of the Convention

14 and its Protocol.

15 SEC. 713. STATEMENT OF PURPOSE.

16 The purpose of this Act is to—

17 (1) implement fully the Convention for the Sup18 pression of Unlawful Acts Against the Safety of

19 Maritime Navigation and the Protocol for the Sup20 pression of Unlawful Acts Against the Safety of

21 Fixed Platforms Located on the Continental Shelf;

22 (2) clarify Federal criminal jurisdiction over the

23 territorial sea of the United States; and

24 (3) establish Federal criminal jurisdiction over

25 certain acts committed by or against a national of
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1 the United States while upon a foreign vessel during

2 a voyage having a scheduled departure from or ar3 rival in the United States.

4 SEC. 714. OFFENSES OF VIOLENCE AGAINST MARITIME

5 NAVIGATION OR FIXED PLATFORMS.

6 Chapter 111 of title 18, United States Code, is

7 amended by adding at the end thereof the following new

8 sections:

9 ‘‘§ 2280. Violence against maritime navigation

10 ‘‘(a) Whoever, in a circumstance described in sub11 section (c) of this section, unlawfully and intentionally—

12 ‘‘(1) seizes or exercises control over a ship by

13 force or threat thereof or any other form of intimi14 dation;

15 ‘‘(2) performs an act of violence against a per16 son on board a ship if that act is likely to endanger

17 the safe navigation of that ship;

18 ‘‘(3) destroys a ship or causes damage to a ship

19 or to its cargo which is likely to endanger the safe

20 navigation of that ship;

21 ‘‘(4) places or causes to be placed on a ship, by

22 any means whatsoever, a device or substance which

23 is likely to destroy that ship, or cause damage to

24 that ship or its cargo which endangers or is likely

25 to endanger the safe navigation of that ship;
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1 ‘‘(5) destroys or seriously damages maritime

2 navigational facilities or seriously interferes with

3 their operation, if such act is likely to endanger the

4 safe navigation of a ship;

5 ‘‘(6) communicates information, knowing the

6 information to be false and under circumstances in

7 which such information may reasonably be believed,

8 thereby endangering the safe navigation of a ship;

9 ‘‘(7) injures or kills any person in connection

10 with the commission or the attempted commission of

11 any of the offenses set forth in paragraphs (1) to

12 (6); or

13 ‘‘(8) attempts to do any act prohibited under

14 paragraphs (1)–(7);

15 shall be fined under this title or imprisoned not more than

16 twenty years, or both; and if the death of any person re17 sults from conduct prohibited by this subsection, shall be

18 punished by death or imprisoned for any term of years

19 or for life.

20 ‘‘(b) Whoever threatens to do any act prohibited

21 under paragraphs (2), (3) or (5) of subsection (a), with

22 apparent determination and will to carry the threat into

23 execution, if the threatened act is likely to endanger the

24 safe navigation of the ship in question, shall be fined
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1 under this title or imprisoned not more than five years,

2 or both.

3 ‘‘(c) The circumstances referred to in subsection (a)

4 of this section are—

5 ‘‘(1) in the case of a covered ship, if—

6 ‘‘(A) such activity is committed—

7 ‘‘(i) against or on board a ship flying

8 the flag of the United States at the time

9 the prohibited activity is committed;

10 ‘‘(ii) in the United States; or

11 ‘‘(iii) by a national of the United

12 States or by a stateless person whose ha13 bitual residence is in the United States;

14 ‘‘(B) during the commission of such activ15 ity, a national of the United States is seized,

16 threatened, injured or killed; or

17 ‘‘(C) the offender is later found in the

18 United States after such activity is committed;

19 ‘‘(2) in the case of a ship navigating or sched20 uled to navigate solely within the territorial sea or

21 internal waters of a country other than the United

22 States, if the offender is later found in the United

23 States after such activity is committed; and
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1 ‘‘(3) in the case of any vessel, if such activity

2 is committed in an attempt to compel the United

3 States to do or abstain from doing any act.

4 ‘‘(d) The master of a covered ship flying the flag of

5 the United States who has reasonable grounds to believe

6 that there is on board that master’s ship any person who

7 has committed an offense under Article 3 of the Conven8 tion for the Suppression of Unlawful Acts Against the

9 Safety of Maritime Navigation may deliver such person

10 to the authorities of a State Party to that Convention.

11 Before delivering such person to the authorities of another

12 country, the master shall notify in an appropriate manner

13 the Attorney General of the United States of the alleged

14 offense and await instructions from the Attorney General

15 as to what action he should take. When delivering the per16 son to a country which is a State Party to the Convention,

17 the master shall, whenever practicable, and if possible be18 fore entering the territorial sea of such country, notify the

19 authorities of such country of his intention to deliver such

20 person and the reason therefor. If the master delivers such

21 person, the master shall furnish the authorities of such

22 country with the evidence in the master’s possession that

23 pertains to the alleged offense.

24 ‘‘(e) As used in this section—
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1 ‘‘(1) the term ‘ship’ means a vessel of any type

2 whatsoever not permanently attached to the sea-bed,

3 including dynamically supported craft, submersibles

4 or any other floating craft, but such term does not

5 include a warship, a ship owned or operated by a

6 government when being used as a naval auxiliary or

7 for customs or police purposes, or a ship which has

8 been withdrawn from navigation or laid up;

9 ‘‘(2) the term ‘covered ship’ means a ship that

10 is navigating or is scheduled to navigate into,

11 through or from waters beyond the outer limit of the

12 territorial sea of a single country or a lateral limit

13 of that country’s territorial sea with an adjacent

14 country;

15 ‘‘(3) the term ‘national of the United States’

16 has the meaning given such term in section

17 101(a)(22) of the Immigration and Nationality Act

18 (8 U.S.C. 1101(a)(22));

19 ‘‘(4) the term ‘territorial sea of the United

20 States’ means all waters extending seaward to 12

21 nautical miles from the baselines of the United

22 States determined in accordance with international

23 law; and

24 ‘‘(5) the term ‘United States’, when used in a

25 geographical sense, includes the Commonwealth of
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1 Puerto Rico, the Commonwealth of the Northern

2 Mariana Islands and all territories and possessions

3 of the United States.

4 ‘‘§ 2281. Violence against maritime fixed platforms

5 ‘‘(a) Whoever, in a circumstance described in sub6 section (c) of this section, unlawfully and intentionally—

7 ‘‘(1) seizes or exercises control over a fixed

8 platform by force or threat thereof or any other

9 form of intimidation;

10 ‘‘(2) performs an act of violence against a per11 son on board a fixed platform if that act is likely to

12 endanger its safety;

13 ‘‘(3) destroys a fixed platform or causes dam14 age to it which is likely to endanger its safety;

15 ‘‘(4) places or causes to be placed on a fixed

16 platform, by any means whatsoever, a device or sub17 stance which is likely to destroy that fixed platform

18 or likely to endanger its safety;

19 ‘‘(5) injures or kills any person in connection

20 with the commission or the attempted commission of

21 any of the offenses set forth in paragraphs (1) to

22 (4); or

23 ‘‘(6) attempts to do anything prohibited under

24 paragraphs (1)–(5);
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1 shall be fined under this title or imprisoned not more than

2 twenty years, or both; and if death results to any person

3 from conduct prohibited by this subsection, shall be pun4 ished by death or imprisoned for any term of years or for

5 life.

6 ‘‘(b) Whoever threatens to do anything prohibited

7 under paragraphs (2) or (3) of subsection (a), with appar8 ent determination and will to carry the threat into execu9 tion, if the threatened act is likely to endanger the safety

10 of the fixed platform, shall be fined under this title or im11 prisoned not more than five years, or both.

12 ‘‘(c) The circumstances referred to in subsection (a)

13 of this section are if—

14 ‘‘(1) such activity is committed against or on

15 board a fixed platform—

16 ‘‘(A) that is located on the continental

17 shelf of the United States;

18 ‘‘(B) that is located on the continental

19 shelf of another country, by a national of the

20 United States or by a stateless person whose

21 habitual residence is in the United States; or

22 ‘‘(C) in an attempt to compel the United

23 States to do or abstain from doing any act;

24 ‘‘(2) during the commission of such activity

25 against or on board a fixed platform located on a
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1 continental shelf, a national of the United States is

2 seized, threatened, injured or killed; or

3 ‘‘(3) such activity is committed against or on

4 board a fixed platform located outside the United

5 States and beyond the continental shelf of the Unit6 ed States and the offender is later found in the

7 United States.

8 ‘‘(d) As used in this section—

9 ‘‘(1) the term ‘continental shelf’ means the sea10 bed and subsoil of the submarine areas that extend

11 beyond a country’s territorial sea to the limits pro12 vided by customary international law as reflected in

13 Article 76 of the 1982 Convention on the Law of the

14 Sea;

15 ‘‘(2) the term ‘fixed platform’ means an artifi16 cial island, installation or structure permanently at17 tached to the sea-bed for the purpose of exploration

18 or exploitation of resources or for other economic

19 purposes;

20 ‘‘(3) the term ‘national of the United States’

21 has the meaning given such term in section

22 101(a)(22) of the Immigration and Nationality Act

23 (8 U.S.C. 1101(a)(22));

24 ‘‘(4) the term ‘territorial sea of the United

25 States’ means all waters extending seaward to 12
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1 nautical miles from the baselines of the United

2 States determined in accordance with international

3 law; and

4 ‘‘(5) the term ‘United States’, when used in a

5 geographical sense, includes the Commonwealth of

6 Puerto Rico, the Commonwealth of the Northern

7 Mariana Islands and all territories and possessions

8 of the United States.’’.

9 SEC. 715. CLERICAL AMENDMENTS.

10 The table of sections at the beginning of chapter 111

11 of title 18, United States Code, is amended by adding at

12 the end the following:

‘‘2280. Violence against maritime navigation.

‘‘2281. Violence against maritime fixed platforms.’’.

13 SEC. 716. EFFECTIVE DATES.

14 Section 714 of this Act shall take effect on the later

15 of—

16 (1) the date of the enactment of this Act; or

17 (2)(A) in the case of section 2280 of title 18,

18 United States Code, the date the Convention for the

19 Suppression of Unlawful Acts Against the Safety of

20 Maritime Navigation has come into force and the

21 United States has become a party to that Conven22 tion; and

23 (B) in the case of section 2281 of title 18,

24 United States Code, the date the Protocol for the
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1 Suppression of Unlawful Acts Against the Safety of

2 Fixed Platforms Located on the Continental Shelf

3 has come into force and the United States has be4 come a party to that Protocol.

5 SEC. 717. TERRITORIAL SEA EXTENDING TO TWELVE MILES

6 INCLUDED IN SPECIAL MARITIME AND TER7 RITORIAL JURISDICTION.

8 The Congress hereby declares that all the territorial

9 sea of the United States, as defined by Presidential Proc10 lamation 5928 of December 27, 1988, is part of the Unit11 ed States, subject to its sovereignty, and, for purposes of

12 Federal criminal jurisdiction, is within the special mari13 time and territorial jurisdiction of the United States wher14 ever that term is used in title 18, United States Code.

15 SEC. 718. ASSIMILATED CRIMES IN EXTENDED TERRI16 TORIAL SEA.

17 Section 13 of title 18, United States Code (relating

18 to the adoption of State laws for areas within Federal ju19 risdiction), is amended by inserting after ‘‘title’’ in sub20 section (a) the phrase ‘‘or on, above, or below any portion

21 of the territorial sea of the United States not within the

22 territory of any State, Territory, Possession, or District’’,

23 and by inserting the following new subsection (c) at the

24 end thereof:
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1 ‘‘(c) Whenever any waters of the territorial sea of the

2 United States lie outside the territory of any State, Terri3 tory, Possession, or District, such waters (including the

4 airspace above and the seabed and subsoil below, and arti5 ficial islands and fixed structures erected thereon) shall

6 be deemed for purposes of subsection (a) to lie within the

7 area of that State, Territory, Possession, or District it

8 would lie within if the boundaries of such State, Territory,

9 Possession, or District were extended seaward to the outer

10 limit of the territorial sea of the United States.’’.

11 SEC. 719. JURISDICTION OVER CRIMES AGAINST UNITED

12 STATES NATIONALS ON CERTAIN FOREIGN

13 SHIPS.

14 Section 7 of title 18, United States Code (relating

15 to the special maritime and territorial jurisdiction of the

16 United States), is amended by inserting at the end thereof

17 the following new paragraph:

18 ‘‘(8) Any foreign vessel during a voyage having a

19 scheduled departure from or arrival in the United States

20 with respect to an offense committed by or against a na21 tional of the United States.’’.

22 Subtitle C—Terrorist Alien Removal

23 SEC. 721. SHORT TITLE FOR SUBTITLE C.

24 This subtitle may be cited as the ‘‘Terrorist Alien Re25 moval Act of 1993’’.
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1 SEC. 722. FINDINGS.

2 The Congress finds the following:

3 (1) Terrorist groups have been able to create

4 significant infrastructures and cells in the United

5 States among persons who are in the United States

6 either temporarily, as students or in other capacities,

7 or as permanent resident aliens.

8 (2) International terrorist groups that sponsor

9 these infrastructures were responsible for—

10 (A) conspiring to bomb the Turkish Hon11 orary Consulate in Philadelphia, Pennsylvania

12 in 1982;

13 (B) bombing of a Pan Am airline flight

14 enroute to Honolulu in 1982;

15 (C) hijacking of a Royal Jordanian airliner

16 in Beirut, Lebanon with two United States na17 tionals on board in 1985;

18 (D) hijacking TWA Flight 847 during

19 which a United States Navy diver was mur20 dered in 1985;

21 (E) hijacking Egypt Air Flight 648 during

22 which three Americans were killed in 1985;

23 (F) murder of four members of the United

24 States Marine Corps in El Salvador in 1985;

25 (G) murdering an American citizen aboard

26 the Achille Lauro cruise liner in 1985;
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1 (H) hijacking Pan Am Flight 73 in Kara2 chi, Pakistan, in which 44 Americans were held

3 hostage and two were killed in 1986;

4 (I) conspiring to bomb an Air India air5 craft in New York City in 1986;

6 (J) attempting to bomb the Air Canada

7 cargo facility at the Los Angeles International

8 Airport in 1986;

9 (K) murder of the United States Naval

10 attach ́e in Athens, Greece, in 1988;

11 (L) terrorist attack on the Greek cruise

12 ship ‘‘City of Poros’’ in 1988;

13 (M) bombing of Pan Am flight 103 result14 ing in 279 deaths in 1988;

15 (N) murder of United States Marine Corps

16 officers assigned to the United Nations Truce

17 Supervisory Organization in Lebanon, in 1989;

18 (O) murder of United States Army officer

19 in Manila in 1984; and

20 (P) numerous bombings and murders in

21 Northern Ireland over the past decade.

22 (3) Certain governments and organizations have

23 directed their assets in the United States to take

24 measures in preparation for the commission of ter25 rorist acts in this country.
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1 (4) Present immigration laws have not been

2 used to any significant degree by law enforcement

3 officials to deport alien terrorists because compliance

4 with these laws with respect to such aliens would

5 compromise classified intelligence sources and infor6 mation. Moreover, appellate procedures routinely af7 forded aliens following a deportation hearing fre8 quently extend over several years resulting in an in9 ability to effect the expeditious removal of aliens en10 gaging in terrorist activity.

11 (5) Present immigration laws are inadequate to

12 protect the national security of the United States

13 from terrorist attacks by certain aliens. Therefore,

14 new procedures are needed to remove alien terrorists

15 from the United States and thus reduce the threat

16 that such aliens pose to the national security and

17 other vital interests of the United States.

18 SEC. 723. TERRORIST ACTIVITIES DEFINED.

19 For purposes of this Act, the terms, ‘‘terrorist activ20 ity’’ and ‘‘engage in terrorist activity shall be defined as

21 provided in section 601(a) of Public Law 101–649.

22 SEC. 724. PROCEDURES FOR REMOVAL OF ALIEN TERROR23 ISTS.

24 The Immigration and Nationality Act is amended—
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1 (1) by adding at the end of the table of con2 tents the following:

‘‘TITLE V—REMOVAL OF ALIEN TERRORISTS

‘‘Sec. 501. Applicability

‘‘Sec. 502. Special removal hearing

‘‘Sec. 503. Designation of judges

‘‘Sec. 504. Miscellaneous provisions’’; and

3 (2) by adding at the end the following new title:

4 ‘‘TITLE V—REMOVAL OF ALIEN

5 TERRORISTS

6 ‘‘APPLICABILITY

7 ‘‘SEC. 501. (a) The provisions of this title may be

8 followed in the discretion of the Department of Justice

9 whenever the Department of Justice has information that

10 an alien described in paragraph 4(B) of section 241(a),

11 as amended, is subject to deportation because of such

12 section.

13 ‘‘(b) Whenever an official of the Department of Jus14 tice files, under section 502, an application with the court

15 established under section 503 for authorization to seek re16 moval pursuant to the provision of this title, the alien’s

17 rights regarding removal and expulsion shall be governed

18 solely by the provisions of this title. Except as they are

19 specifically referenced, no other provisions of the Immigra20 tion and Nationality Act shall be applicable. An alien sub21 ject to removal under these provisions shall have no right

22 of discovery of information derived from electronic surveil-
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1 lance authorized under the Foreign Intelligence Surveil2 lance Act or otherwise for national security purposes, nor

3 shall such alien have the right to seek suppression of evi4 dence derived in this manner. Further, the government is

5 authorized to use, in the removal proceedings, the fruits

6 of electronic surveillance authorized under the Foreign In7 telligence Surveillance Act without regard to subsections

8 106 (c), (e), (f), (g), and (h) of the Act.

9 ‘‘(c) This title is enacted in response to findings of

10 Congress that aliens described in paragraph 4(b) of sec11 tion 241(a), as amended, represent a unique threat to the

12 security of the United States. It is the intention of Con13 gress that such aliens be promptly removed from the

14 United States following—

15 ‘‘(1) a judicial determination of probable cause

16 to believe that such person is such an alien; and

17 ‘‘(2) a judicial determination pursuant to the

18 provisions of this title that an alien is removable on

19 the grounds that he is an alien described in para20 graph 4(B) of section 241(a), as amended;

21 and that such aliens not be given a deportation hearing

22 and are ineligible for any discretionary relief from deporta23 tion and for relief under section 243(h).

24 ‘‘SPECIAL REMOVAL HEARING

25 ‘‘SEC. 502. (a) Whenever removal of an alien is

26 sought pursuant to the provisions of this title, a written
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1 application upon oath or affirmation shall be submitted

2 in camera and ex parte to the court established under sec3 tion 503 for an order authorizing such a procedure. Each

4 application shall require the approval of the Attorney Gen5 eral or the Deputy Attorney General based upon his find6 ing that it satisfies the criteria and requirement of such

7 application as set forth in this title. Each application shall

8 include—

9 ‘‘(1) the identity of the Department of Justice

10 attorney making the application;

11 ‘‘(2) the approval of the Attorney General or

12 the Deputy Attorney General for the making of the

13 application;

14 ‘‘(3) the identity of the alien for whom author15 ization for the special removal procedure is sought;

16 and

17 ‘‘(4) a statement of the facts and circumstances

18 relied on by the Department of Justice to establish

19 that—

20 ‘‘(A) an alien as described in paragraph

21 4(B) of section 2411(a), as amended, is phys22 ically present in the United States; and

23 ‘‘(B) with respect to such alien, adherence

24 to the provisions of title II regarding the depor25 tation of aliens would pose a risk to the na-
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1 tional security of the United States, adversely

2 affect foreign relations, reveal an investigative

3 technique important to efficient law enforce4 ment, or disclose a confidential source of infor5 mation.

6 ‘‘(b) The application shall be filed under seal with

7 the court established under section 503. The Attorney

8 General may take into custody any alien with respect to

9 whom such an application has been filed and, notwith10 standing any other provision of law, may retain such an

11 alien in custody in accordance with the procedures author12 ized by this title.

13 ‘‘(c) In accordance with the rules of the court estab14 lished under section 503, the judge shall consider the ap15 plication and may consider other information presented

16 under oath or affirmation at an in camera and ex parte

17 hearing on the application. A verbatim record shall be

18 maintained of such a hearing. The application and any

19 other evidence shall be considered by a single judge of that

20 court who shall enter an ex parte order as required if he

21 finds, on the basis of the facts submitted in the application

22 and any other information provided by the Department

23 of Justice at the in camera and ex parte hearing, there

24 is probable cause to believe that—
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1 ‘‘(1) the alien who is the subject of the applica2 tion has been correctly identified and is an alien as

3 described in paragraph 4(B) of section 241(a), as

4 amended; and

5 ‘‘(2) adherence to the provisions of title II re6 garding the deportation of the identified alien would

7 pose a risk to the national security of the United

8 States, adversely affect foreign relations, reveal an

9 investigative technique important to efficient law en10 forcement, or disclose a confidential source of infor11 mation.

12 ‘‘(d)(1) In any case in which the application for the

13 order is denied, the judge shall prepare a written state14 ment of his reasons for the denial and the Department

15 of Justice may seek a review of the denial by the court

16 of appeals for the Federal Circuit by notice of appeal

17 which must be filed within 20 days. In such a case the

18 entire record of the proceeding shall be transmitted to the

19 court of appeals under seal and the Court of Appeals shall

20 hear the matter ex parte.

21 ‘‘(2) If the Department of Justice does not seek re22 view, the alien shall be released from custody, unless such

23 alien may be arrested and taken into custody pursuant

24 to title II as an alien subject to deportation, in which case
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1 such alien shall be treated in accordance with the provi2 sions of this Act concerning the deportation of aliens.

3 ‘‘(3) If the application for the order is denied because

4 the judge has not found probable cause to believe that the

5 alien who is the subject of the application has been cor6 rectly identified or is an alien as described in paragraph

7 4(B) of section 241(a), as amended, and the Department

8 of Justice seeks review, the alien shall be released from

9 custody unless such alien may be arrested and taken into

10 custody pursuant to title II as an alien subject to deporta11 tion, in which case such alien shall be treated in accord12 ance with the provisions of this Act concerning the depor13 tation of aliens simultaneously with the application of this

14 title.

15 ‘‘(4) If the application for the order is denied be16 cause, although the judge found probable cause to believe

17 that the alien who is the subject of the application has

18 been correctly identified and is an alien as described in

19 paragraph 4(B) of section 241(a), as amended, the judge

20 has found that there is not probable cause to believe that

21 adherence to the provisions of title II regarding the depor22 tation of the identified alien would pose a risk to the na23 tional security of the United States, adversely affect for24 eign relations, reveal an investigative technique important

25 to efficient law enforcement, or disclose a confidential
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1 source of information, the judge shall release the alien

2 from custody subject to the least restrictive condition or

3 combination of conditions of release described in section

4 3142(b) and (c)(1)(B)(i) through (xiv) of title 18, United

5 States Code, that will reasonably assure the appearance

6 of the alien at any future proceeding pursuant to this title

7 and will not endanger the safety of any other person or

8 the community; but if the judge finds no such condition

9 or combination of conditions the alien shall remain in cus10 tody until the completion of any appeal authorized by this

11 title. The provisions of sections 3145 through 3148 of title

12 18, United States Code, pertaining to review and appeal

13 of a release or detention order, penalties for failure to ap14 pear, penalties for an offense committed while on release,

15 and sanctions for violation of a release condition shall

16 apply to an alien to whom the previous sentence applies

17 and—

18 ‘‘(A) for purposes of section 3145 of such title

19 an appeal shall be taken to the Court of Appeals for

20 the Federal Circuit; and

21 ‘‘(B) for purposes of section 3146 of such title

22 the alien shall be considered released in connection

23 with a charge of an offense punishable by life im24 prisonment.
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1 ‘‘(e)(1) In any case in which the application for the

2 order authorizing the special procedures of this title is ap3 proved, the judge who granted the order shall consider

4 separately each item of evidence the Department of Jus5 tice proposes to introduce in camera and ex parte at the

6 special removal hearing. The judge shall authorize the in7 troduction in camera and ex parte of any item of evidence

8 for which the judge determines that the introduction other

9 than in camera and ex parte would pose a risk to the na10 tional security of the United States, adversely affect for11 eign relations, reveal an investigative technique important

12 to efficient law enforcement, or disclose a confidential

13 source of information. With respect to any evidence which

14 the judge authorizes to be introduced in camera and ex

15 parte, the judge shall cause to be prepared and shall sign,

16 and the Department of Justice shall cause to be delivered

17 to the alien, either—

18 ‘‘(A) a written summary which shall be suffi19 cient to inform the alien of the general nature of the

20 evidence that he is an alien as described in para21 graph 4(b) of section 241(a), as amended, and to

22 permit the alien to marshal the facts and prepare a

23 defense, but which shall not pose a risk to national

24 security, adversely affect foreign relations, reveal an

25 investigative technique important to efficient law en-
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1 forcement, or disclose a confidential source of infor2 mation; or

3 ‘‘(B) if necessary to prevent serious harm to the

4 national security or death or serious bodily injury to

5 any person, a statement informing the alien that no

6 such summary is possible.

7 ‘‘(2) The Department of Justice may take an inter8 locutory appeal to the United States Court of Appeals for

9 the Federal Circuit of any determination by the judge pur10 suant to paragraph (1)—

11 ‘‘(A) concerning whether an item of evidence

12 may be introduced in camera and ex parte;

13 ‘‘(B) concerning the contents of any summary

14 of evidence to be introduced in camera and ex parte

15 prepared pursuant to paragraph (1)(A); or

16 ‘‘(C) concerning whether a summary of evidence

17 to be introduced in camera and ex parte is possible

18 pursuant to paragraph (1)(B).

19 In any interlocutory appeal taken pursuant to this para20 graph, the entire record, including any proposed order of

21 the judge or summary of evidence, shall be transmitted

22 to the court of appeals under seal and the matter shall

23 be heard ex parte. The court of appeals shall consider the

24 appeal as expeditiously as possible.
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1 ‘‘(f) In any case in which the application for the order

2 is approved, the special removal hearing authorized by this

3 section shall be conducted for the purpose of determining

4 if the alien to whom the order pertains should be removed

5 from the United States on the grounds that he is an alien

6 as described in paragraph 4(B) of section 241(a), as

7 amended. In accordance with subsection (e), the alien shall

8 be given reasonable notice of the nature of the charges

9 against him. The alien shall be given notice, reasonable

10 under all the circumstances, of the time and place at which

11 the hearing will be held. The hearing shall be held as expe12 ditiously as possible.

13 ‘‘(g) The special removal hearing shall be held before

14 the same judge who granted the order pursuant to sub15 section (e) unless that judge is deemed unavailable due

16 to illness or disability by the chief judge of the court estab17 lished pursuant to section 503, or has died, in which case

18 the chief judge shall assign another judge to conduct the

19 special removal hearing. A decision by the chief judge pur20 suant to the preceding sentence shall not be subject to

21 review by either the alien or the Department of Justice.

22 ‘‘(h) The special removal hearing shall be open to the

23 public. The alien shall have a right to be present at such

24 hearing and to be represented by counsel. Any alien finan25 cially unable to obtain counsel shall be entitled to have
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1 counsel assigned to represent him. Such counsel shall be

2 appointed by the judge pursuant to the plan for furnishing

3 representation for any person financially unable to obtain

4 adequate representation for the district in which the hear5 ing is conducted, as provided for in section 3006A of title

6 18, United States Code. All provisions of that section shall

7 apply and, for purposes of determining the maximum

8 amount of compensation, the matter shall be treated as

9 if a felony was charged. The alien may be called as a wit10 ness by the Department of Justice. The alien shall have

11 a right to introduce evidence on his own behalf. Except

12 as provided in subsection (j), the alien shall have a reason13 able opportunity to examine the evidence against him and

14 to cross-examine any witness. A verbatim record of the

15 proceedings and of all testimony and evidence offered or

16 produced at such a hearing shall be kept. The decision

17 of the judge shall be based only on the evidence introduced

18 at the hearing, including evidence introduced under sub19 section (j).

20 ‘‘(i) At any time prior to the conclusion of the special

21 removal hearing, either the alien or the Department of

22 Justice may request the judge to issue a subpoena for the

23 presence of a named witness (which subpoena may also

24 command the person to whom it is directed to produce

25 books, papers, documents, or other objects designated
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1 therein) upon a satisfactory showing that the presence of

2 the witness is necessary for the determination of any ma3 terial matter. Such a request may be made ex parte except

4 that the judge shall inform the Department of Justice of

5 any request for a subpoena by the alien for a witness or

6 material if compliance with such a subpoena would reveal

7 evidence or the source of evidence which has been intro8 duced, or which the Department of Justice has received

9 permission to introduce, in camera and ex parte pursuant

10 to subsection (j), and the Department of Justice shall be

11 given a reasonable opportunity to oppose the issuance of

12 such a subpoena. If an application for a subpoena by the

13 alien also makes a showing that the alien is financially

14 unable to pay for the attendance of a witness so requested,

15 the court may order the costs incurred by the process and

16 the fees of the witness so subpoenaed to be paid for from

17 funds appropriated for the enforcement of title II. A sub18 poena under this subsection may be served anywhere in

19 the United States. A witness subpoenaed under this sub20 section shall receive the same fees and expenses as a wit21 ness subpoenaed in connection with a civil proceeding in

22 a court of the United States. Nothing in this subsection

23 is intended to allow an alien to have access to classified

24 information.
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1 ‘‘(j) Evidence which has either been summarized pur2 suant to subsection (e)(1)(A) or for which no summary

3 has been deemed possible pursuant to subsection (e)(1)(B)

4 shall be introduced (either in writing or through testi5 mony) in camera and ex parte and neither the alien nor

6 the public shall be informed of such evidence or its sources

7 other than through reference to the summary provided

8 pursuant to subsection (e)(1)(A) or to the explanation that

9 no summary could be provided pursuant to subsection

10 (e)(1)(B). Notwithstanding the previous sentence, the De11 partment of Justice may, in its discretion, elect to intro12 duce such evidence in open session.

13 ‘‘(k) Evidence introduced at the special removal hear14 ing, either in open session or in camera and ex parte, may,

15 in the discretion of the Department of Justice, include all

16 or part of the information presented under subsections (a)

17 through (c) used to obtain the order for the hearing under

18 this section.

19 ‘‘(l) Following the receipt of evidence, the attorneys

20 for the Department of Justice and for the alien shall be

21 given fair opportunity to present argument as to whether

22 the evidence is sufficient to justify the removal of the

23 alien. The attorney for the Department of Justice shall

24 open the argument. The attorney for the alien shall be

25 permitted to reply. The attorney for the Department of
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1 Justice shall then be permitted to reply in rebuttal. The

2 judge may allow any part of the argument that refers to

3 evidence received in camera and ex parte to be heard in

4 camera and ex parte.

5 ‘‘(m) The Department of Justice has the burden of

6 showing by clear and convincing evidence that the alien

7 is subject to removal because he is an alien as described

8 in paragraph 4(B) of subsection 241(a) of this Act (8

9 U.S.C. 1251(a)(4)(B)), as amended. If the judge finds

10 that the Department of Justice has met this burden, the

11 judge shall order the alien removed.

12 ‘‘(n)(1) At the time of rendering a decision as to

13 whether the alien shall be removed, the judge shall prepare

14 a written order containing a statement of facts found and

15 conclusions of law. Any portion of the order that would

16 reveal the substance or source of information received in

17 camera and ex parte pursuant to subsection (j) shall not

18 be made available to the alien or the public.

19 ‘‘(2) The decision of the judge may be appealed by

20 either the alien or the Department of Justice to the Court

21 of Appeals for the Federal Circuit by notice of appeal

22 which must be filed within twenty days, during which time

23 such order shall not be executed. In any case appealed

24 pursuant to this subsection, the entire record shall be

25 transmitted to the Court of Appeals and information re-
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1 ceived pursuant to subsection (j), any portion of the

2 judge’s order that would reveal the substance or source

3 of such information shall be transmitted under seal. The

4 Court of Appeals shall consider the case as expeditiously

5 as possible.

6 ‘‘(3) In an appeal to the Court of Appeals pursuant

7 to either subsections (d) or (e) of this section, the Court

8 of Appeals shall review questions of law de novo, but a

9 prior finding on any question of fact shall not be set aside

10 unless such finding was clearly erroneous.

11 ‘‘(o) If the judge decides pursuant to subsection (n)

12 that the alien should not be removed, the alien shall be

13 released from custody unless such alien may be arrested

14 and taken into custody pursuant to title II of this Act

15 as an alien subject to deportation, in which case, for pur16 poses of detention, such alien may be treated in accord17 ance with the provisions of this Act concerning the depor18 tation of aliens.

19 ‘‘(p) Following a decision by the Court of Appeals

20 pursuant to either subsection (d) or (n), either the alien

21 or the Department of Justice may petition the Supreme

22 Court for a writ of certiorari. In any such case, any infor23 mation transmitted to the Court of Appeals under seal

24 shall, if such information is also submitted to the Supreme

25 Court, be transmitted under seal. Any order of removal
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1 shall not be stayed pending disposition of a writ of certio2 rari except as provided by the Court of Appeals or a Jus3 tice of the Supreme Court.

4 ‘‘DESIGNATION OF JUSTICE

5 ‘‘SEC. 503. (a) The Chief Justice of the United

6 States shall publicly designate five district court judges

7 from five of the United States judicial circuits who shall

8 constitute a court which shall have jurisdiction to conduct

9 all matters and proceedings authorized by section 502.

10 The Chief Justice shall publicly designate one of the

11 judges so appointed as the chief judge. The chief judge

12 shall promulgate rules to facilitate the functioning of the

13 court and shall be responsible for assigning the consider14 ation of cases to the various judges.

15 ‘‘(b) Proceedings under section 502 shall be con16 ducted as expeditiously as possible. The Chief Justice, in

17 consultation with the Attorney General and other appro18 priate federal officials, shall, consistent with the objectives

19 of this title, provide for the maintenance of appropriate

20 security measures for applications for ex parte orders to

21 conduct the special removal hearings authorized by section

22 502, the orders themselves, and evidence received in cam23 era and ex parte, and for such other actions as are nec24 essary to protect information concerning matters before

25 the court from harming the national security of the United

26 States, adversely affecting foreign relations, revealing in-
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1 vestigative techniques, or disclosing confidential sources of

2 information.

3 ‘‘(c) Each judge designated under this section shall

4 serve for a term of five years and shall be eligible for re5 designation, except that the four associate judges first des6 ignated under subsection (a) shall be designated for terms

7 of from one to four years so that the term of one judge

8 shall expire each year.

9 ‘‘MISCELLANEOUS PROVISIONS

10 ‘‘SEC. 504. (a)(1) Following a determination pursu11 ant to this title that an alien shall be removed, and after

12 the conclusion of any judicial review thereof, the Attorney

13 General may retain the alien in custody or, if the alien

14 was released pursuant to subsection 502(o), may return

15 the alien to custody, and shall cause the alien to be trans16 ported to any country which the alien shall designate pro17 vided the Attorney General determines based on consulta18 tion with the Secretary of State that transportation to

19 such country would not impair the obligation of the United

20 States under any treaty (including a treaty pertaining to

21 extradition) or otherwise adversely affect the foreign policy

22 of the United States.

23 ‘‘(2) If the alien refuses to choose a country to which

24 he wishes to be transported, or if the Attorney General

25 determines pursuant to paragraph (1) that removal of the

26 alien to the country so selected would impair a treaty obli-
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1 gation or adversely affect United States foreign policy, the

2 Attorney General shall cause the alien to be transported

3 to any country willing to receive such alien.

4 ‘‘(3) Before an alien is transported out of the United

5 States pursuant to paragraph (1) or (2) or pursuant to

6 an order of exclusion because such alien is excludable

7 under paragraph 212(a)((3)(B) of this Act (8 U.S.C.

8 1182(a)(3)(B)), as amended, he shall be photographed

9 and fingerprinted, and shall be advised of the provisions

10 of subsection 276(b) of this Act (8 U.S.C. 1326(b)).

11 ‘‘(4) If no country is willing to receive such an alien,

12 the Attorney General may, notwithstanding any other pro13 vision of law, retain the alien in custody. The Attorney

14 General shall make periodic efforts to reach agreement

15 with other countries to accept such as alien and at least

16 every six months shall provide to the alien a written report

17 on his efforts. Any alien in custody pursuant to this sub18 section shall be released from custody solely at the discre19 tion of the Attorney General and subject to such condi20 tions as the Attorney General shall deem appropriate. The

21 determinations and actions of the Attorney General pursu22 ant to this subsection shall not be subject to judicial re23 view, including applications for writ of habeas corpus, ex24 cept for a claim by the alien that continued detention vio25 lates his rights under the Constitution. Jurisdiction over
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1 any such challenge shall lie exclusively in the Court of Ap2 peals for the Federal Circuit.

3 ‘‘(b)(1) Notwithstanding the provisions of subsection

4 (a), the Attorney General may hold in abeyance the re5 moval of an alien who has been ordered removed pursuant

6 to this title to allow the trial of such alien on any Federal

7 or State criminal charge and the service of any sentence

8 of confinement resulting from such a trial.

9 ‘‘(2) Pending the commencement of any service of a

10 sentence of confinement by an alien described in para11 graph (1), such an alien shall remain in the custody of

12 the Attorney General, unless the Attorney General deter13 mines that temporary release of the alien to the custody

14 of State authorities for confinement in a State facility is

15 appropriate and would not endanger national security or

16 public safety.

17 ‘‘(3) Following the completion of a sentence of con18 finement by an alien described in paragraph (1) or follow19 ing the completion of State criminal proceedings which do

20 not result in a sentence of confinement of an alien released

21 to the custody of State authorities pursuant to paragraph

22 (2), such an alien shall be returned to the custody of the

23 Attorney General who shall proceed to carry out the provi24 sions of subsection (a) concerning removal of the alien.
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1 ‘‘(c) For purposes of sections 751 and 752 of title

2 18, United States Code, an alien in the custody of the

3 Attorney General pursuant to this title shall be subject

4 to the penalties provided by those sections in relation to

5 a person committed to the custody of the Attorney General

6 by virtue of an arrest on a charge of felony.

7 ‘‘(d)(1) An alien in the custody of the Attorney Gen8 eral pursuant to this title shall be given reasonable oppor9 tunity to communicate with and receive visits from mem10 bers of his family, and to contact, retain, and commu11 nicate with an attorney.

12 ‘‘(2) An alien in the custody of the Attorney General

13 pursuant to this title shall have the right to contact an

14 appropriate diplomatic or consular official of the alien’s

15 country of citizenship or nationality or of any country pro16 viding representation services therefor. The Attorney Gen17 eral shall notify the appropriate embassy, mission, or con18 sular office of the alien’s detention.

19 SEC. 725. CONFORMING AMENDMENTS.

20 The Immigration and Nationality Act is amended as

21 follows:

22 (1) Subsection 106(b) (8 U.S.C. 1105a(b)) is

23 amended by adding at the end thereof the following

24 sentence: ‘‘Jurisdiction to review an order entered

25 pursuant to the provisions of section 235(c) of this
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1 Act concerning an alien excludable under paragraph

2 3(B) of subsection 212(a) (8 U.S.C. 1182(a)), as

3 amended, shall rest exclusively in the United States

4 Court of Appeals for the Federal Circuit.’’.

5 (2) Section 276(b) (8 U.S.C. 1326(b)) is

6 amended by deleting the word ‘‘or’’ at the end of

7 subparagraph (b)(1), by replacing the period at the

8 end of subparagraph (b)(2) with a semicolon fol9 lowed by the word ‘‘or’’, and by adding at the end

10 of paragraph (b) the following subparagraph: ‘‘(3)

11 who has been excluded from the United States pur12 suant to subsection 235(c) of this Act (8 U.S.C.

13 1225(c)) because such alien was excludable under

14 paragraph 3(B) of subsection 212(a) thereof (8

15 U.S.C. 1182(a)(3)(B)), as amended, or who has

16 been removed from the United States pursuant to

17 the provisions of title V of the Immigration and Na18 tionality Act, and who thereafter, without the per19 mission of the Attorney General, enters the United

20 States or attempts to do so shall be fined under title

21 18, United States Code, and imprisoned for a period

22 of ten years which sentence shall not run concur23 rently with any other sentence.’’

24 (3) Section 106(a) (8 U.S.C. 1105a(a)) is

25 amended by striking from the end of subparagraph
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1 8 the semicolon and the word ‘‘and’’ and inserting

2 a period in lieu thereof, and by striking subpara3 graph 9.

4 SEC. 726. EFFECTIVE DATE.

5 The provisions of this Act shall be effective upon en6 actment, and shall apply to all aliens without regard to

7 the date of entry or attempted entry into the United

8 States.

9 Subtitle D—Terrorism Offenses and

10 Sanctions

11 SEC. 731. TORTURE.

12 (a) IN GENERAL.—Part I of title 18, United States

13 Code, is amended by inserting after chapter 113A the fol14 lowing new chapter:

15 ‘‘CHAPTER 113B—TORTURE

‘‘Sec.

2340. Definitions.

2340A. Torture.

2340B. Exclusive remedies.

16 ‘‘§ 2340. Definitions

17 ‘‘As used in this chapter—

18 ‘‘(1) the term ‘torture’ means an act committed

19 by a person acting under the color of law specifically

20 intended to inflict severe physical or mental pain or

21 suffering (other than pain or suffering incidental to

22 lawful sanctions) upon another person within his

23 custody or physical control;
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1 ‘‘(2) the term ‘severe mental pain or suffering’

2 means the prolonged mental harm caused by or re3 sulting from—

4 ‘‘(A) the intentional infliction or threat5 ened infliction of severe physical pain or suffer6 ing;

7 ‘‘(B) the administration or application, or

8 threatened administration or application, of

9 mind altering substances or other procedures

10 calculated to disrupt profoundly the senses or

11 the personality;

12 ‘‘(C) the threat of imminent death; or

13 ‘‘(D) the threat that another person will

14 imminently be subjected to death, severe phys15 ical pain or suffering, or the administration or

16 application of mind altering substances or other

17 procedures calculated to disrupt profoundly the

18 senses or personality; and

19 ‘‘(3) the term ‘United States’ includes all areas

20 under the jurisdiction of the United States including

21 any of the places within the provisions of sections 5

22 and 7 of this title and section 101(38) of the Fed23 eral Aviation Act of 1958 (49 U.S.C. App.

24 1301(38)).
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1 ‘‘§ 2340A. Torture

2 ‘‘(a) Whoever, in a circumstance described in sub3 section (b) of this section and outside the United States,

4 commits or attempts to commit torture shall be fined

5 under this title or imprisoned not more than twenty years,

6 or both; and if death results to any person from conduct

7 prohibited by this subsection, shall be punished by death

8 or imprisoned for any term of years or for life.

9 ‘‘(b) The circumstances referred to in subsection (a)

10 are if—

11 ‘‘(1) the alleged offender is a national of the

12 United States; or

13 ‘‘(2) the alleged offender is present in the Unit14 ed States, irrespective of the nationality of the vic15 tim or the alleged offender.

16 ‘‘§ 2340B. Exclusive remedies

17 ‘‘Nothing in this chapter shall be construed as pre18 cluding the application of State or local laws on the same

19 subject, nor shall anything in this chapter be construed

20 as creating any substantive or procedural right enforceable

21 by law by any party in any civil proceeding.’’.

22 (b) CLERICAL AMENDMENT.—The table of chapters

23 at the beginning of part I of title 18, United States Code,

24 is amended by inserting after the item for chapter 113B

25 the following new item:

‘‘113B. Torture ..................................................................................... 2340’’.
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1 SEC. 732. WEAPONS OF MASS DESTRUCTION.

2 (a) FINDINGS.—The Congress finds that the use and

3 threatened use of weapons of mass destruction, as defined

4 in the statute enacted by subsection (b) of this section,

5 gravely harm the national security and foreign relations

6 interests of the United States, seriously affect interstate

7 and foreign commerce, and disturb the domestic tran8 quility of the United States.

9 (b) OFFENSE.—Chapter 113A of title 18, United

10 States Code, is amended by adding the following new sec11 tion:

12 ‘‘§ 2339. Use of weapons of mass destruction

13 ‘‘(a) Whoever uses, or attempts or conspires to use,

14 a weapon of mass destruction—

15 ‘‘(1) against a national of the United States

16 while such national is outside of the United States;

17 ‘‘(2) against any person within the United

18 States; or

19 ‘‘(3) against any property that is owned, leased

20 or used by the United States or by any department

21 or agency of the United States, whether the property

22 is within or outside of the United States;

23 shall be imprisoned for any term of years or for life, and

24 if death results, shall be punished by death or imprisoned

25 for any term of years or for life.

26 ‘‘(b) For purposes of this section—
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1 ‘‘(1) the term ‘national of the United States’

2 has the meaning given in section 101(a)(22) of the

3 Immigration and Nationality Act (8 U.S.C.

4 1101(a)(22)); and

5 ‘‘(2) the term ‘weapon of mass destruction’

6 means—

7 ‘‘(A) any destructive device as defined in

8 section 921 of this title;

9 ‘‘(B) poison gas;

10 ‘‘(C) any weapon involving a disease orga11 nism; or

12 ‘‘(D) any weapon that is designed to re13 lease radiation or radioactivity at a level dan14 gerous to human life.’’.

15 (c) CLERICAL AMENDMENT.—The table of sections

16 at the beginning of chapter 113A of title 18, United States

17 Code, is amended by adding the following:

‘‘2339. Use of weapons of mass destruction.’’.

18 SEC. 733. HOMICIDES AND ATTEMPTED HOMICIDES IN19 VOLVING FIREARMS IN FEDERAL FACILITIES.

20 Section 930 of title 18, United States Code, is

21 amended by—

22 (a) redesignating subsections (c), (d), (e), and

23 (f) as subsections (d), (e), (f), and (g) respectively;

24 (b) in subsection (a), deleting ‘‘(c)’’ and insert25 ing in lieu thereof ‘‘(d)’’; and
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1 (c) inserting after subsection (b) the following:

2 ‘‘(c) Whoever kills or attempts to kill any person in

3 the course of a violation of subsection (a) or (b), or in

4 the course of an attack on a Federal facility involving the

5 use of a firearm or other dangerous weapon, shall—

6 ‘‘(1) in the case of a killing constituting murder

7 as defined in section 1111(a) of this title, be pun8 ished by death or imprisoned for any term of years

9 or for life; and

10 ‘‘(2) in the case of any other killing or an at11 tempted killing, be subject to the penalties provided

12 for engaging in such conduct within the special mar13 itime and territorial jurisdiction of the United States

14 under sections 1112 and 1113 of this title.’’.

15 SEC. 734. PROVIDING MATERIAL SUPPORT TO TERRORISTS.

16 (a) OFFENSE.—Chapter 113A of title 18, United

17 States Code, is amended by adding the following new

18 section:

19 ‘‘§ 2339A. Providing material support to terrorists

20 ‘‘Whoever, within the United States, provides mate21 rial support or resources or conceals or disguises the na22 ture, location, source, or ownership of material support or

23 resources, knowing or intending that they are to be used

24 to facilitate a violation of section 32, 36, 351, 844 (f) or

25 (i), 1114, 1116, 1203, 1361, 1363, 1751, 2280, 2281,
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1 2332, or 2339 of this title, or section 902(i) of the Federal

2 Aviation Act of 1958, as amended (49 U.S.C. App.

3 1472(i)), or to facilitate the concealment or an escape

4 from the commission of any of the foregoing, shall be fined

5 under this title, imprisoned not more than ten years, or

6 both. For purposes of this section, material support or re7 sources shall include, but not be limited to, currency or

8 other financial securities, lodging, training, safehouses,

9 false documentation or identification, communications

10 equipment, facilities, weapons, lethal substances, explo11 sives, personnel, transportation, and other physical

12 assets.’’.

13 (b) CLERICAL AMENDMENT.—The table of sections

14 at the beginning of chapter 113A of title 18, United States

15 Code is amended by adding the following:

‘‘2339A. Providing material support to terrorists.’’.

16 SEC. 735. ADDITION OF TERRORIST OFFENSES TO THE

17 RICO STATUTE.

18 (a) VARIOUS OFFENSES.—Section 1961(1)(B) of

19 title 18 of the United States Code is amended:

20 (1) by inserting after ‘‘Section’’ the following:

21 ‘‘32 (relating to the destruction of aircraft), section

22 36 (relating to violence at international airports),

23 section’’;

24 (2) by inserting after ‘‘section 224 (relating to

25 sports bribery);’’ the following: ‘‘section 351 (relat-
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1 ing to Congressional or Cabinet officer assassina2 tion),’’;

3 (3) by inserting after ‘‘section 664 (relating to

4 embezzlement from pension and welfare funds),’’ the

5 following: ‘‘section 844 (f) or (i) (relating to destruc6 tion by explosives of government property or prop7 erty affecting interstate or foreign commerce),’’;

8 (4) by inserting after ‘‘section 1084 (relating to

9 the transmission of gambling information),’’ the fol10 lowing: ‘‘section 1111 (relating to murder), section

11 1114 (relating to murder of United States law en12 forcement officials), section 1116 (relating to mur13 der of foreign officials, official guests, or internation14 ally protected persons), section 1203 (relating to

15 hostage taking),’’;

16 (5) by inserting after ‘‘section 1344 (relating to

17 financial institution fraud),’’ the following: ‘‘section

18 1361 (relating to willful injury of government prop19 erty), section 1363 (relating to destruction of prop20 erty within the special maritime and territorial juris21 diction),’’;

22 (6) by inserting after ‘‘section 1513 (relating to

23 retaliating against a witness, victim, or an inform24 ant),’’ the following: ‘‘section 1751 (relating to Pres25 idential assassination),’’;
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1 (7) by inserting after ‘‘section 1958 (relating to

2 use of interstate commerce facilities in the commis3 sion of murder-for-hire),’’ the following: ‘‘section

4 2280 (relating to violence against maritime naviga5 tion), section 2281 (relating to violence against mar6 itime fixed platforms),’’; and

7 (8) by inserting after ‘‘2320 (relating to traf8 ficking in certain motor vehicles or motor vehicle

9 parts),’’ the following: ‘‘section 2332 (relating to ter10 rorist acts abroad against United States nationals),

11 section 2339 (relating to use of weapons of mass de12 struction),’’.

13 (b) AIRCRAFT PIRACY.—Section 1961(1) of title 18

14 of the United States Code is amended by striking ‘‘or’’

15 before ‘‘(E)’’, and inserting at the end thereof the follow16 ing: ‘‘or (F) section 902 (i) or (n) of the Federal Aviation

17 Act of 1958, as amended (49 U.S.C. App. 1472 (i) or

18 (n));’’.

19 (c) DEFINITION.—Section 1961(5) of title 18 of the

20 United States Code is amended by adding at the end the

21 following: ‘‘The term shall not be construed to require the

22 presence of any pecuniary purpose when the acts of rack23 eteering involve only crimes of violence.’’.
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1 SEC. 736. FORFEITURE FOR TERRORISTS AND OTHER VIO2 LENT ACTS.

3 (a) IN GENERAL.—Chapter 46 of title 18, United

4 States Code, is amended by adding after section 982 the

5 following:

6 ‘‘§ 983. Civil forfeiture of property used to commit

7 violent acts

8 ‘‘(a) The following property shall be subject to civil

9 forfeiture by the United States:

10 ‘‘(1) Any property used or intended for use to

11 commit or facilitate the commission of a violent act;

12 and

13 ‘‘(2) Any property constituting or derived from

14 the gross profits or other proceeds obtained from a

15 violent act.

16 No interest of an owner in property shall be forfeited

17 under paragraphs (1) or (2) by reason of any act or omis18 sion established by that owner to have been committed or

19 omitted without the knowledge, consent or willful blind20 ness of that owner.

21 ‘‘(b) All provisions of the customs law relating to the

22 seizure, summary and judicial forfeiture, and condemna23 tion of property for violation of the customs laws, the dis24 position of such property or the proceeds from the sale

25 thereof, the remission or mitigation of such forfeitures,

26 and the compromise of claims, shall apply to seizures and
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1 forfeitures incurred, or alleged to have been incurred,

2 under this section, insofar as applicable and not inconsist3 ent with the provisions of this section, except that such

4 duties as are imposed upon the customs officer or any

5 other person with respect to the seizure and forfeiture of

6 property under the customs laws shall be performed with

7 respect to seizures and forfeitures of property under this

8 section by such officers, agents, or other persons as may

9 be authorized or designated for that purpose by the Attor10 ney General, except to the extent that such duties arise

11 from seizures and forfeitures effected by any customs

12 officer.

13 ‘‘(c) As used in this section, the term ‘violent act’

14 means—

15 ‘‘(1) any felony offense under the following

16 chapters of this title: chapter 2 (relating to aircraft

17 and motor vehicles); chapter 5 (relating to arson);

18 chapter 7 (relating to assault); chapter 12 (relating

19 to civil disorders); chapter 18 (relating to congres20 sional, cabinet, and supreme court assassination,

21 kidnaping, and assault); chapter 35 (relating to es22 cape and rescue); chapter 40 (relating to importa23 tion, manufacture, distribution and storage of explo24 sive materials; chapter 41 (relating to extortion and

25 threats); chapter 44 (relating to firearms); chapter
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1 51 (relating to homicide); chapter 55 (relating to

2 kidnaping); chapter 65 (relating to malicious mis3 chief); chapter 81 (relating to piracy and

4 privateering); chapter 84 (relating to Presidential

5 and Presidential staff assassination, kidnaping, and

6 assault); chapter 95 (relating to racketeering); chap7 ter 97 (relating to railroads); chapter 102 (relating

8 to riots); chapter 103 (relating to robbery and bur9 glary); chapter 105 (relating to sabotage); chapter

10 111 (relating to shipping); chapter 113A (relating to

11 terrorism); or chapter 113B (relating to torture);

12 ‘‘(2) any felony offense under the following sec13 tions of this title: section 831 (relating to prohibited

14 transactions involving nuclear materials); section

15 956 (relating to conspiracy to injure property of for16 eign government); or section 1153 (relating to of17 fenses committed within Indian country);

18 ‘‘(3) any felony offense under: section 2284 of

19 title 42 of the United States Code (relating to the

20 sabotage of nuclear facilities); sections 901 (i), (j),

21 (k), (l), (m), or (n) of the Federal Aviation Act of

22 1958 (49 U.S.C. App. 1472 (i), (j), (k), (l), (m) or

23 (n)); section 11(c)(2) of the Natural Gas Pipeline

24 Safety Act (49 U.S.C. App. 1679(c)(2)); or section
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1 208(c)(2) of the Hazardous Liquid Pipeline Safety

2 Act (49 U.S.C. App. 2007(c)(2));

3 ‘‘(4) any other United States offense punishable

4 by imprisonment for more than one year involving

5 murder, robbery, kidnaping, extortion, or malicious

6 destruction of property; or

7 ‘‘(5) a conspiracy or attempt to commit any of

8 the foregoing offenses.

9 ‘‘(d) The filing of an indictment of information alleg10 ing a violation of an offense constituting a violent act

11 which is also related to a civil forfeiture proceeding under

12 this section shall, upon motion of the United States and

13 for good cause shown, stay the civil forfeiture proceeding.

14 ‘‘§ 984. Criminal forfeiture of property used to com15 mit violent acts

16 ‘‘(a) Any person convicted of a violent act as defined

17 in section 983(c) of this title shall forfeit to the United

18 States, irrespective of any provision of State law, such per19 son’s interest in—

20 ‘‘(1) any property constituting, or derived from,

21 any proceeds the person obtained, directly or indi22 rectly, as the result of such violent act; and

23 ‘‘(2) any of the person’s property used, or in24 tended to be used, in any manner or part, to com-
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1 mit, or to facilitate the commission of, such violent

2 act.

3 ‘‘(b) The provisions of subsections (b), (c), and (e)–

4 (p) of section 413 of the Comprehensive Drug Abuse Pre5 vention and Control Act of 1970 (21 U.S.C. 853 (b), (c),

6 and (e)–(p)) shall apply to—

7 ‘‘(1) property subject to forfeiture under sub8 section (a);

9 ‘‘(2) any seizure or disposition of such property;

10 and

11 ‘‘(3) any judicial proceeding in relation to such

12 property.’’.

13 (b) CLERICAL AMENDMENT.—The table of sections

14 at the beginning of chapter 46 of title 18, United States

15 Code, is amended by adding at the end the following:

‘‘983. Civil forfeiture of property used to commit violent acts.

‘‘984. Criminal forfeiture of property used to commit violent acts.’’.

16 SEC. 737. ENHANCED PENALTIES FOR CERTAIN OFFENSES.

17 (a) TITLE 50.—Title 50, United States Code, is

18 amended—

19 (1) in section 1705(b), by replacing ‘‘$50,000’’

20 with ‘‘$1,000,000’’; and

21 (2) in section 1705(a), by replacing ‘‘$10,000’’

22 with ‘‘$1,000,000’’.

23 (b) TITLE 18.—Title 18, United States Code, is

24 amended.—
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1 (1) in section 1541, by replacing ‘‘$500’’ with

2 ‘‘$250,000’’ and by replacing ‘‘one year’’ with ‘‘five

3 years’’;

4 (2) in sections 1542, 1543, 1544 and 1546, by

5 replacing ‘‘$2,000’’ with ‘‘$250,000’’ and by replac6 ing ‘‘five years’’ with ‘‘ten years’’; and

7 (3) in section 1545, by replacing ‘‘$2,000’’ with

8 ‘‘$250,000’’ and by replacing ‘‘three years’’ with

9 ‘‘ten years’’.

10 SEC. 738. SENTENCING GUIDELINES INCREASE FOR TER11 RORIST CRIMES.

12 The United States Sentencing Commission is directed

13 to amend its sentencing guidelines to provide an increase

14 of not less than three levels in the base offense level for

15 any felony, whether committed within or outside the Unit16 ed States, that involves or is intended to promote inter17 national terrorism, unless such involvement or intent is

18 itself an element of the crime.

19 Subtitle E—Antiterrorism Enforcement

20 Provisions

21 SEC. 741. ALIENS COOPERATING IN TERRORIST OR

22 OTHER INVESTIGATIONS.

23 (a) IN GENERAL.—Notwithstanding any other provi24 sion of law, whenever the Attorney General, or his des25 ignee, determines that the entry of a particular alien into
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1 the United States for permanent residence or other status,

2 or where an alien is already present in the United States,

3 the award of permanent residence or other status, is in

4 the interest of national security, essential to the further5 ance of the national intelligence mission, important to the

6 United States public safety, or necessary to protect the

7 life of an individual who has provided cooperation to Fed8 eral law enforcement, such alien and his immediate family

9 shall be given entry into the United States and/or awarded

10 permanent residence or other status. Where the decision

11 to grant such entry or award of permanent residence or

12 other status is based on furtherance of the national intel13 ligence mission, the Attorney General shall consult with

14 the Director of the Central Intelligence Agency concerning

15 the decision.

16 (b) LIMIT ON NUMBER OF ALIENS.—The number of

17 aliens and members of their immediate families entering

18 the United States under the authority of this section shall

19 in no case exceed two hundred persons in any one fiscal

20 year. The decision to grant or deny permanent resident

21 or other status under this section is at the discretion of

22 the Attorney General and shall not be subject to judicial

23 review.
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1 SEC. 742. AMENDMENT TO THE ALIEN ENEMY ACT.

2 Section 21 of title 50, United States Code, is amend3 ed by inserting ‘‘(a)’’ before ‘‘Whenever,’’ and by adding

4 the following new subsection:

5 ‘‘(b) Whenever the President invokes the authority

6 contained in subsection (a) as to aliens of a hostile nation

7 or government and further determines that the United

8 States may also be subject to actual, attempted, or threat9 ened predatory incursions by aliens of other nations,

10 whether or not acting in concert with the hostile nation,

11 the President is authorized, by his proclamation thereof,

12 to include within the terms of subsection (a) and sections

13 22, 23, and 24, any and all other aliens within the United

14 States, or any subcategories or subclasses of such aliens,

15 by nationality or otherwise, as the President may so des16 ignate.’’.

17 SEC. 743. COUNTERINTELLIGENCE ACCESS TO TELEPHONE

18 RECORDS.

19 Section 2709 of title 18 of the United States Code

20 is amended by—

21 (1) striking out subsections (b) and (c); and

22 (2) inserting the following new subsections (b)

23 and (c):

24 ‘‘(b) REQUIRED CERTIFICATION.—The Director of

25 the Federal Bureau of Investigation (or an individual
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1 within the Federal Bureau of Investigation designated for

2 this purpose by the Director) may:

3 ‘‘(1) request any such information and records

4 if the Director (or the Director’s designee) certifies

5 in writing to the wire or electronic communication

6 service provider to which the request is made that—

7 ‘‘(A) the information sought is relevant to

8 an authorized foreign counterintelligence inves9 tigation; and

10 ‘‘(B) there are specific and articulable

11 facts giving reason to believe that the person or

12 entity about whom information is sought is a

13 foreign power or an agent of a foreign power as

14 defined in section 101 of the Foreign Intel15 ligence Surveillance Act of 1978 (50 U.S.C.

16 1801);

17 ‘‘(2) request subscriber information regarding a

18 person or entity if the Director (or the Director’s

19 designee certifies in writing to the wire or electronic

20 communications service provider to which the re21 quest is made that—

22 ‘‘(A) the information sought is relevant to

23 an authorized foreign counterintelligence inves24 tigation; and
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1 ‘‘(B) that information available to the FBI

2 indicates there is reason to believe that commu3 nication facilities registered in the name of the

4 person or entity have been used, through the

5 services of such provider, in communication

6 with a foreign power or an agent of a foreign

7 power as defined in section 101 of the Foreign

8 Intelligence Surveillance Act of 1978 (50

9 U.S.C. 1801).

10 ‘‘(c) PENALTY FOR DISCLOSURE.—No wire or elec11 tronic communication service provider, or officer, em12 ployee, or agent thereof, shall disclose to any person that

13 the Federal Bureau of Investigation has sought or ob14 tained access to information under this section. A knowing

15 violation of this section is punishable as a class A mis16 demeanor.’’.

17 SEC. 744. COUNTERINTELLIGENCE ACCESS TO CREDIT

18 RECORDS.

19 Section 1681(f) of title 15, United States Code, is

20 amended by inserting ‘‘(1)’’ before the existing paragraph

21 thereof, and by adding the following provisions:

22 ‘‘(2) Notwithstanding the provisions of section

23 1681(b) of this title, a consumer reporting agency shall

24 furnish a consumer report to the Federal Bureau of Inves25 tigation (FBI) when presented with a request for a
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1 consumer report made pursuant to this subsection by the

2 FBI: provided, That the Director of the FBI, or his des3 ignee, certifies in writing to the consumer reporting agen4 cy that such records are sought for counterintelligence

5 purposes and that there exists specific and articulable

6 facts giving reason to believe the person to whom the re7 quested consumer report relates is an agent of a foreign

8 power as defined in section 101 of the Foreign Intelligence

9 Surveillance Act of 1978 (50 U.S.C. 1801).

10 ‘‘(3) Notwithstanding the provisions of section

11 1681(b) of this title, a consumer reporting agency shall

12 furnish identifying information respecting any consumer

13 limited to name, address, former addresses, places of em14 ployment or former places of employment, to a representa15 tive of the FBI when presented with a written request

16 signed by the Director of the FBI, or his designee, stating

17 that the information is sought in connection with an au18 thorized foreign counterintelligence investigation.

19 ‘‘(4) No consumer reporting agency, officer, em20 ployee, or agent of such institution, shall disclose to any

21 person that the FBI has sought or obtained a consumer

22 report, or identifying information respecting any

23 consumer. A knowing violation of this section is punish24 able as a class A misdemeanor.’’.
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1 SEC. 745. AUTHORIZATION FOR INTERCEPTIONS OF COM2 MUNICATIONS.

3 (a) TITLE 50 Crimes.—Section 2516(1)(k) of title

4 18, United States Code, is amended by adding before the

5 ‘‘;’’ the following: ‘‘, or of section 1701 and the following

6 of title 50, United States Code (relating to the Inter7 national Emergency Economic Powers Act); section 2410

8 appendix of title 50, United States Code (relating to the

9 Export Administration Act); or section 5 appendix of title

10 50, United States Code (relating to the Trading with the

11 Enemy Act)’’.

12 (b) TITLE 18 Crimes.— Section 2516(1) of title 18,

13 United States Code, is further amended—

14 (1) by redesignating subparagraph (o) as sub15 paragraph (p) and adding a new subparagraph (o)

16 as follows:

17 ‘‘(o) any violation of section 956 or section 960

18 of title 18, United States Code (relating to certain

19 actions against foreign nations);’’; and

20 (2) in paragraph (c), by inserting before ‘‘or

21 section 1992 (relating to wrecking trains)’’ the fol22 lowing: ‘‘section 2332 (relating to terrorist acts

23 abroad), section 2339 (relating to weapons of mass

24 destruction), section 36 (relating to violence at air25 ports),’’.
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1 SEC. 746. PARTICIPATION OF FOREIGN AND STATE GOV2 ERNMENT PERSONNEL IN INTERCEPTIONS

3 OF COMMUNICATIONS.

4 Section 2518(5) of title 18, United States Code, is

5 amended by inserting ‘‘(including personnel of a foreign

6 government or of a State or subdivision of a State)’’ after

7 ‘‘Government personnel’’.

8 SEC. 747. DISCLOSURE OF INTERCEPTED COMMUNICA9 TIONS TO FOREIGN LAW ENFORCEMENT

10 AGENCIES.

11 Section 2510(7) of title 18, United States Code, is

12 amended by inserting before the semicolon ‘‘and addition13 ally, for purposes of section 2517 (1)–(2), any person au14 thorized to perform investigative, law enforcement, or

15 prosecutorial functions by a foreign government’’.

16 SEC. 748. EXTENSION OF THE STATUTE OF LIMITATIONS

17 FOR CERTAIN TERRORISM OFFENSES.

18 (a) IN GENERAL.—Chapter 213 of title 18, United

19 States Code, is amended by inserting after section 3285

20 the following:

21 ‘‘§ 3286. Extension of statute of limitations for certain

22 terrorism offenses

23 ‘‘Notwithstanding section 3282, no person shall be

24 prosecuted, tried, or punished for any offense involving a

25 violation of section 32 (aircraft destruction), section 36

26 (airport violence), section 112 (assaults upon diplomats),
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1 section 351 (crimes against Congressmen or Cabinet offi2 cers), section 1116 (crimes against diplomats), section

3 1203 (hostage taking), section 1361 (willful injury to gov4 ernment property), section 1751 (crimes against the Presi5 dent), section 2280 (maritime violence), section 2281

6 (maritime platform violence), section 2332 (terrorist acts

7 abroad against United States nationals), section 2339 (use

8 of weapons of mass destruction), or section 2340A (tor9 ture) of this title or section 902 (i), (j), (k), (l), or (n)

10 of the Federal Aviation Act of 1958, as amended (49

11 U.S.C. App. 1572 (i), (j), (k), (l), or (n)), unless the in12 dictment is found or the information is instituted within

13 ten years next after such offense shall have been

14 committed.’’.

15 (b) CLERICAL AMENDMENT.—The table of sections

16 at the beginning of chapter 213 is amended by inserting

17 below the item for:

‘‘3285. Criminal contempt.’’

18 the following:

‘‘3286. Extension of statute of limitations for certain terrorism offenses.’’.

19 TITLE VIII—EQUAL JUSTICE ACT

20 SEC. 801. SHORT TITLE.

21 This title may be cited as the ‘‘Equal Justice Act’’.
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1 SEC. 802. PROHIBITION OF RACIALLY DISCRIMINATORY

2 POLICIES CONCERNING CAPITAL PUNISH3 MENT OR OTHER PENALTIES.

4 (a) IN GENERAL.—The penalty of death and all other

5 penalties shall be administered by the United States and

6 by every State without regard to the race or color of the

7 defendant or victim. Neither the United States nor any

8 State shall prescribe any racial quota or statistical test

9 for the imposition or execution of the death penalty or any

10 other penalty.

11 (b) DEFINITIONS.—For purposes of this title—

12 (1) the action of the United States or of a State

13 includes the action of any legislative, judicial, execu14 tive, administrative, or other agency or instrumental15 ity of the United States or a State, or of any politi16 cal subdivision of the United States or a State;

17 (2) the term ‘‘State’’ has the meaning given in

18 section 541 of title 18, United States Code; and

19 (3) the term ‘‘racial quota or statistical test’’

20 includes any law, rule, presumption, goal, standard

21 for establishing a prima facie case, or mandatory or

22 permissive inference that—

23 (A) requires or authorizes the imposition

24 or execution of the death penalty or another

25 penalty so as to achieve a specified racial pro-
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1 portion relating to offenders, convicts, defend2 ants, arrestees, or victims; or

3 (B) requires or authorizes the invalidation

4 of, or bars the execution of, sentences of death

5 or other penalties based on the failure of a ju6 risdiction to achieve a specified racial propor7 tion relating to offenders, convicts, defendants,

8 arrestees, or victims in the imposition or execu9 tion of such sentences or penalties.

10 SEC. 803. GENERAL SAFEGUARDS AGAINST RACIAL PREJU11 DICE OR BIAS IN THE TRIBUNAL.

12 In a criminal trial in a court of the United States,

13 or of any State—

14 (1) on motion of the defense attorney or pros15 ecutor, the risk of racial prejudice or bias shall be

16 examined on voir dire if there is a substantial likeli17 hood in the circumstances of the case that such prej18 udice or bias will affect the jury either against or in

19 favor of the defendant;

20 (2) on motion of the defense attorney or pros21 ecutor, a change of venue shall be granted if an im22 partial jury cannot be obtained in the original venue

23 because of racial prejudice or bias; and
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1 (3) neither the prosecutor nor the defense at2 torney shall make any appeal to racial prejudice or

3 bias in statements before the jury.

4 SEC. 804. FEDERAL CAPITAL CASES.

5 (a) JURY INSTRUCTIONS AND CERTIFICATION.—In a

6 prosecution for an offense against the United States in

7 which a sentence of death is sought, and in which the cap8 ital sentencing determination is to be made by a jury, the

9 judge shall instruct the jury that it is not to be influenced

10 by prejudice or bias relating to the race or color of the

11 defendant or victim in considering whether a sentence of

12 death is justified, and that the jury is not to recommend

13 the imposition of a sentence of death unless it has con14 cluded that it would recommend the same sentence for

15 such a crime regardless of the race or color of the defend16 ant or victim. Upon the return of a recommendation of

17 a sentence of death, the jury shall also return a certificate,

18 signed by each juror, that the juror’s individual decision

19 was not affected by prejudice or bias relating to the race

20 or color of the defendant or victim, and that the individual

21 juror would have made the same recommendation regard22 less of the race or color of the defendant or victim.

23 (b) RACIALLY MOTIVATED KILLINGS.—In a prosecu24 tion for an offense against the United States for which

25 a sentence of death is authorized, the fact that the killing
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1 of the victim was motivated by racial prejudice or bias

2 shall be deemed an aggravating factor whose existence

3 permits consideration of the death penalty, in addition to

4 any other aggravating factors that may be specified by law

5 as permitting consideration of the death penalty.

6 (c) KILLINGS IN VIOLATION OF CIVIL RIGHTS STAT7 UTES.—Sections 241, 242, and 245(b) of title 18, United

8 States Code, are each amended by deleting ‘‘shall be sub9 ject to imprisonment for any term of years or for life’’

10 and inserting in lieu thereof ‘‘shall be punished by death

11 or imprisonment for any term of years or for life’’.

12 SEC. 805. FUNDING OBJECTIVE.

13 Section 501 of title I of the Omnibus Crime Control

14 and Safe Streets Act of 1968 (42 U.S.C. 3751) is amend15 ed by striking ‘‘and’’ following the semicolon in paragraph

16 (20), striking the period at the end of paragraph (21) and

17 inserting in lieu thereof ‘‘; and’’, and adding at the end

18 thereof the following new paragraph:

19 ‘‘(22) providing, in all appropriate cases, par20 ticularly collateral and other post-conviction proceed21 ings, adequate resources and expertise to ensure

22 that the death penalty is expeditiously carried out.’’.
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1 SEC. 806. EXTENSION OF PROTECTION OF CIVIL RIGHTS

2 STATUTES.

3 (a) SECTION 241.—Section 241 of title 18, United

4 States Code, is amended by deleting ‘‘inhabitant of’’ and

5 inserting in lieu thereof ‘‘person in’’.

6 (b) SECTION 242.—Section 242 of title 18, United

7 States Code, is amended by deleting ‘‘inhabitant of’’ and

8 inserting in lieu thereof ‘‘person in’’, and by deleting

9 ‘‘such inhabitant’’ and inserting in lieu thereof ‘‘such

10 person’’.

11 TITLE IX—VICTIMS’ RIGHTS

12 SEC. 901. RESTITUTION AMENDMENTS.

13 (a) EXPANSION OF RESTITUTION.—Section 3663(b)

14 of title 18, United States Code, is amended by striking

15 ‘‘and’’ following the semicolon in paragraph (3), redesig16 nating paragraph (4) as paragraph (5), and adding after

17 paragraph (3) the following:

18 ‘‘(4) in any case, reimburse the victim for nec19 essary child care, transportation, and other expenses

20 related to participation in the investigation or pros21 ecution of the offense or attendance at proceedings

22 related to the offense; and’’.

23 (b) SUSPENSION OF FEDERAL BENEFITS.—Sub24 sections (g) and (h) of section 3663 of title 18, United

25 States Code, are redesignated as subsections (h) and (i),
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1 respectively, and a new subsection (g) is inserted as

2 follows:

3 ‘‘(g)(1) If the defendant is delinquent in making res4 titution in accordance with any schedule of payments es5 tablished under subsection (f)(1) of this section, or any

6 requirement of immediate payment under subsection

7 (f)(3) of this section, the court may, after a hearing, sus8 pend the defendant’s eligibility for all Federal benefits

9 until such time as the defendant demonstrates to the court

10 good-faith efforts to return to such schedule.

11 ‘‘(2) For purposes of this subsection—

12 ‘‘(A) the term ‘Federal benefits’—

13 ‘‘(i) means any grant, contract, loan, pro14 fessional license, or commercial license provided

15 by an agency of the United States or by appro16 priated funds of the United States; and

17 ‘‘(ii) does not include any retirement, wel18 fare, Social Security, health, disability, veterans

19 benefit, public housing, or other similar benefit,

20 or any other benefit for which payments or

21 services are required for eligibility; and

22 ‘‘(B) the term ‘veterans benefit’ means all bene23 fits provided to veterans, their families, or survivors

24 by virtue of the service of a veteran in the Armed

25 Forces of the United States.’’.
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1 SEC. 902. VICTIM’S RIGHT OF ALLOCATION IN SENTENCING.

2 Rule 32 of the Federal Rules of Criminal Procedure

3 is amended by—

4 (1) striking ‘‘and’’ following the semicolon in

5 subdivision (a)(1)(B);

6 (2) striking the period at the end of subdivision

7 (a)(1)(C) and inserting in lieu thereof ‘‘; and’’;

8 (3) inserting after subdivision (a)(1)(C) the fol9 lowing:

10 ‘‘(D) if sentence is to be imposed for a

11 crime of violence or sexual abuse, address the

12 victim personally if the victim is present at the

13 sentencing hearing and determine if the victim

14 wishes to make a statement and to present any

15 information in relation to the sentence.’’;

16 (4) in the second to last sentence of subdivision

17 (a)(1), striking ‘‘equivalent opportunity’’ and insert18 ing in lieu thereof ‘‘opportunity equivalent to that of

19 the defendant’s counsel’’;

20 (5) in the last sentence of subdivision (a)(1) in21 serting ‘‘the victim,’’ before ‘‘, or the attorney for

22 the Government.’’; and

23 (6) adding at the end the following:

24 ‘‘(f) DEFINITIONS.—For purposes of this rule—

25 (1) ‘‘victims’’ means any individual against

26 whom an offense for which a sentence is to be im-
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1 posed has been committed, but the right of allocu2 tion under subdivision (a)(1)(D) may be exercised

3 instead by—

4 ‘‘(A) a parent or legal guardian in case the

5 victim is below the age of eighteen years or in6 competent; or

7 ‘‘(B) one or more family members or rel8 atives designated by the court in case the victim

9 is deceased or incapacitated;

10 if such person or persons are present at the sentenc11 ing hearing, regardless of whether the victim is

12 present; and

13 ‘‘(2) ‘crime or violence or sexual abuse’ means

14 a crime that involved the use or attempted or threat15 ened use of physical force against the person or

16 property of another, or a crime under chapter 109A

17 of title 18, United States Code.’’.

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