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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2321 Introduced in House (IH)]

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.

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Comprehensive 
Violent Crime Control Act of 1993''.
    (b) Table of Contents.--The table of contents for 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.
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.
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

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

Sec. 901. Restitution amendments.
Sec. 902. Victim's right of allocution in sentencing.

                         TITLE I--DEATH PENALTY

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Capital Punishment Procedures Act 
of 1993''.

SEC. 102. DEATH PENALTY PROCEDURES.

    Title 18 of the United States Code is Amended.--
            (1) by adding the following new chapter after chapter 227:

                ``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.
``Sec. 3591. Sentence of death
    ``A defendant who has been found guilty of--
            ``(1) an offense described in section 794 or section 2381 
        of this title;
            ``(2) an offense described in section 1751(c) of this title 
        if the offense, as determined beyond a reasonable doubt at a 
        hearing under section 3593, constitutes an attempt to murder 
        the President of the United States and results in bodily injury 
        to the President or comes dangerously close to causing the 
        death of the President;
            ``(3) an offense referred to in section 408(c)(1) of the 
        Controlled Substances Act (21 U.S.C. 848(c)(1)), committed as 
        part of a continuing criminal enterprise offense under the 
        conditions described in subsection (b) of that section;
            ``(4) an offense referred to in section 408(c)(1) of the 
        Controlled Substances Act (21 U.S.C. 848(c)(1)), committed as 
        part of a continuing criminal enterprise offense under that 
        section, where the defendant is a principal administrator, 
        organizer or leader of such an enterprise, and the defendant, 
        in order to obstruct the investigation or prosecution of the 
        enterprise or an offense involved in the enterprise, attempts 
        to kill or knowingly directs, advises, authorizes, or assists 
        another to attempt to kill any public officer, juror, witness, 
        or member of the family or household of such a person;
            ``(5) an offense constituting a felony violation of the 
        Controlled Substances Act (21 U.S.C. 801 et seq.), the 
        Controlled Substances Import and Export Act (21 U.S.C. 951 et 
        seq.), or the Maritime Drug Law Enforcement Act (46 U.S.C. App. 
        1901 et seq.), where the defendant, acting with a state of mind 
        described in paragraph (6), engages in such a violation, and 
        the death of another person results in the course of the 
        violation or from the use of the controlled substance involved 
        in the violation; or
            ``(6) any other offense for which a sentence of death is 
        provided, if the defendant, as determined beyond a reasonable 
        doubt at a hearing under section 3593, caused the death of a 
        person intentionally, knowingly, or through recklessness 
        manifesting extreme indifference to human life, or caused the 
        death of a person through the intentional infliction of serious 
        bodily injury;
shall be sentenced to death if, after consideration of the factors set 
forth in section 3592 in the course of a hearing held pursuant to 
section 3593, it is determined that imposition of a sentence of death 
is justified. No person may be sentenced to death who was less than 
eighteen years of age at the time of the offense.
``Sec. 3592. Factors to be considered in determining whether a sentence 
              of death is justified
    ``(a) Mitigating Factors.--In determining whether a sentence of 
death is justified for any offense, the jury, or if there is no jury, 
the court, shall consider each of the following mitigating factors and 
determine which, if any, exist:
            ``(1) Mental capacity.--The defendant's mental capacity to 
        appreciate the wrongfulness of his conduct or to conform his 
        conduct to the requirements of law was significantly impaired, 
        regardless of whether the capacity was so impaired as to 
        constitute a defense to the charge.
            ``(2) Duress.--The defendant was under unusual and 
        substantial duress, regardless of whether the duress was of 
        such a degree as to constitute a defense to the charge.
            ``(3) Participation in offense minor.--The defendant's 
        paticipation in the offense, which was committed by another, 
        was relatively minor, regardless of whether the participation 
        was so minor as to constitute a defense to the charge.
The jury, or if there is no jury, the court, shall consider whether any 
other aspect of the defendant's background, character or record or any 
other circumstance of the offense that the defendant may proffer as a 
mitigating factor exists.
    ``(b) Aggravating Factors for Espionage and Treason.--In 
determining whether a sentence of death is justified for an offense 
described in section 3591(1), the jury, or if there is no jury, the 
court, shall consider each of the following aggravating factors and 
determine which, if any, exist:
            ``(1) Previous espionage or treason conviction.--The 
        defendant has previously been convicted of another offense 
        involving espionage or treason for which a sentence of life 
        imprisonment or death was authorized by statute.
            ``(2) Risk of substantial danger to national security.--In 
        the commission of the offense the defendant knowingly created a 
        grave risk to the national security.
            ``(3) Risk of death to another.--In the commission of the 
        offense the defendant knowingly created a grave risk of death 
        to another person.
The jury, or if there is no jury, the court, may consider whether any 
other aggravating factor exists.
    ``(c) Aggravating Factors for Homicide and for Attempted Murder of 
the President.--In determining whether a sentence of death is justified 
for an offense described in section 3519 (2) or (6), the jury, or if 
there is no jury, the court, shall consider each of the following 
aggravating factors and determine which, if any, exist:
            ``(1) Conduct occurred during commission of specified 
        crimes.--The conduct resulting in death occurred during the 
        commission or attempted commission of, or during the immediate 
        flight from the commission of, an offense under section 32 
        (destruction of aircraft or aircraft facilities), section 33 
        (destruction of motor vehicles or motor vehicle facilities), 
        section 36 (violence at international airports), section 351 
        (violence against Members of Congress, Cabinet officers, or 
        Supreme Court Justices), section 751 (prisoners in custody of 
        institution or officer), section 794 (gathering or delivering 
        defense information to aid foreign government), section 844(d) 
        (transportation of explosives in interstate commerce for 
        certain purposes), section 844(f) (destruction of Government 
        property by explosives), section 844(i) (destruction of 
        property affecting interstate commerce by explosives), section 
        1116 (killing or attempted killing of diplomats), section 1118 
        (prisoners serving life term), section 1201 (kidnapping), 
        section 1203 (hostage taking), section 1751 (violence against 
        the President or Presidential staff), section 1992 (wrecking 
        trains), section 2280 (maritime violence), section 2281 
        (maritime platform violence), section 2332 (terrorist acts 
        abroad against United States nationals), section 2339 (use of 
        weapons of mass destruction), or section 2381 (treason) of this 
        title, section 1826 of title 28 (persons in custody as 
        recalcitrant witnesses or hospitalized following insanity 
        acquittal), or section 902 (i) or (n) of the Federal Aviation 
        Act of 1958, as amended (49 U.S.C. 1472 (i) or (n) (aircraft 
        piracy)).
            ``(2) Involvement of firearm or previous conviction of 
        violent felony involving firearm.--The defendant--
                    ``(A) during and in relation to the commission of 
                the offense or in escaping or attempting to escape 
                apprehension used or possessed a firearm as defined in 
                section 921 of this title; or
                    ``(B) has previously been convicted of a Federal or 
                State offense punishable by a term of imprisonment of 
                more than one year, involving the use of attempted or 
                threatened use of a firearm, as defined in section 921 
                of this title, against another person.
            ``(3) Previous conviction of offense for which a sentence 
        of death or life imprisonment was authorized.--The defendant 
        has previously been convicted of another Federal or State 
        offense resulting in the death of a person, for which a 
        sentence of life imprisonment or death was authorized by 
        statute.
            ``(4) Previous conviction of other serious offenses.--The 
        defendant has previously been convicted of two or more Federal 
        or State offenses, each punishable by a term of imprisonment of 
        more than one year, committed on different occasions, involving 
        the importation, manufacture, or distribution of a controlled 
        substance (as defined in section 102 of the Controlled 
        Substances Act (21 U.S.C. 802)) or the infliction of, or 
        attempted infliction of, serious bodily injury or death upon 
        another person.
            ``(5) Grave risk of death to additional persons.--The 
        defendant, in the commission of the offense or in escaping or 
        attempting to escape apprehension, knowingly created a grave 
        risk of death to one or more persons in addition to the victim 
        of the offense.
            ``(6) Heinous, cruel, or depraved manner of commission.--
        The defendant committed the offense in an especially heinous, 
        cruel, or depraved manner in that it involved torture or 
        serious physical abuse to the victim.
            ``(7) Procurement of offense by payment.--The defendant 
        procured the commission of the offense by payment, or promise 
        of payment, of anything of pecuniary value.
            ``(8) Commission of the offense for pecuniary gain.--The 
        defendant committed the offense as consideration for the 
        receipt, or in the expectation of the receipt, of anything of 
        pecuniary value.
            ``(9) Substantial planning and premeditation.--The 
        defendant committed the offense after substantial planning and 
        premeditation.
            ``(10) Vulnerability of victim.--The victim was 
        particularly vulnerable due to old age, youth, or infirmity.
            ``(11) Type of victim.--The defendant committed the offense 
        against--
                    ``(A) the President of the United States, the 
                President-elect, the Vice President, the Vice 
                President-elect, the Vice President-designate, or, if 
                there was no Vice President, the officer next in order 
                of succession to the office of the President of the 
                United States, or any person acting as President under 
                the Constitution and laws of the United States;
                    ``(B) a chief of state, head of government, or the 
                political equivalent, of a foreign nation;
                    ``(C) a foreign official listed in section 
                1116(b)(3)(A) of this title, if that official was in 
                the United States on official business; or
                    ``(D) a Federal public servant who was outside of 
                the United States or who was a Federal judge, a Federal 
                law enforcement officer, an employee (including a 
                volunteer or contract employee) of a Federal prison, or 
                an official of the Federal Bureau of Prisons--
                            ``(i) while such public servant was engaged 
                        in the performance of his official duties;
                            ``(ii) because of the performance of such 
                        public servant's official duties; or
                            ``(iii) because of such public servant's 
                        status as a public servant.
                For purposes of this paragraph, the terms `President-
                elect' and `Vice President-elect' mean such persons as 
                are the apparent successful candidates for the offices 
                of President and Vice President, respectively, as 
                ascertained from the results of the general elections 
                held to determine the electors of President and Vice 
                President in accordance with title 3, United States 
                Code, sections 1 and 2; a `Federal law enforcement 
                officer' is a public servant authorized by law or by a 
                Government agency or Congress to conduct or engage in 
                the prevention, investigation, or prosecution of an 
                offense; `Federal prison' means a Federal correctional, 
                detention, or penal facility, Federal community 
                treatment center, or Federal halfway house, or any such 
                prison operated under contract with the Federal 
                Government; and `Federal judge' means any judicial 
                officer of the United States, and includes a justice of 
                the Supreme Court and a United States magistrate judge. 
                The jury, or if there is no jury, the court, may 
                consider whether any other aggravating factor exists.
    ``(d) Aggravating Factors for Drug Offense Death Penalty.--In 
determining whether a sentence of death is justified for an offense 
described in section 3591 (3)-(5), the jury, or if there is no jury, 
the court, shall consider each of the following aggravating factors and 
determine which, if any, exist--
            ``(1) Previous conviction of offense for which a sentence 
        of death or life imprisonment was authorized.--The defendant 
        has previously been convicted of another Federal or State 
        offense resulting in the death of a person, for which a 
        sentence of life imprisonment or death was authorized by 
        statute.
            ``(2) Previous conviction of other serious offenses.--The 
        defendant has previously been convicted of two or more Federal 
        or State offenses, each punishable by a term of imprisonment of 
        more than one year, committed on different occasions, involving 
        the importation, manufacture, or distribution of a controlled 
        substance (as defined in section 102 of the Controlled 
        Substances Act (21 U.S.C. 802)) or the infliction of, or 
        attempted infliction of, serious bodily injury or death upon 
        another person.
            ``(3) Previous serious drug felony conviction.--The 
        defendant has previously been convicted of another Federal or 
        State offense involving the manufacture, distribution, 
        importation, or possession of a controlled substance (as 
        defined in section 102 of the Controlled Substances Act (21 
        U.S.C. 802)) for which a sentence of five or more years of 
        imprisonment was authorized by statute.
            ``(4) Use of firearm.--In committing the offense, or in 
        furtherance of a continuing criminal enterprise of which the 
        offense was a part, the defendant used a firearm or knowingly 
        directed, advised, authorized, or assisted another to use a 
        firearm, as defined in section 921 of this title, to threaten, 
        intimidate, assault, or injure a person.
            ``(5) Distribution to persons under twenty-one.--The 
        offense, or a continuing criminal enterprise of which the 
        offense was a part, involved conduct proscribed by section 418 
        of the Controlled Substances Act which was committed directly 
        by the defendant or for which the defendant would be liable 
        under section 2 of this title.
            ``(6) Distribution near schools.--The offense, or a 
        continuing criminal enterprise of which the offense was a part, 
        involved conduct proscribed by section 419 of the Controlled 
        Substances Act which was committed directly by the defendant or 
        for which the defendant would be liable under section 2 of this 
        title.
            ``(7) Using minors in trafficking.--The offense, or a 
        continuing criminal enterprise of which the offense was a part, 
        involved conduct proscribed by section 420 of the Controlled 
        Substances Act which was committed directly by the defendant or 
        for which the defendant would be liable under section 2 of this 
        title.
            ``(8) Lethal adulterant.--The offense involved the 
        importation, manufacture, or distribution of a controlled 
        substance (as defined in section 102 of the Controlled 
        Substances Act (21 U.S.C. 802)), mixed with a potentially 
        lethal adulterant, and the defendant was aware of the presence 
        of the adulterant. The jury, or if there is no jury, the court, 
        may consider whether any other aggravating factor exists.
``Sec. 3593. Special hearing to determine whether a sentence of death 
              is justified
    ``(a) Notice by the Government.--Whenever the Government intends to 
seek the death penalty for an offense described in section 3591, the 
attorney for the Government, a reasonable time before the trial, or 
before acceptance by the court of a plea of guilty, or at such time 
thereafter as the court may permit upon a showing of good cause, shall 
sign and file with the court, and serve on the defendant, a notice that 
the Government in the event of conviction will seek the sentence of 
death. The notice shall set forth the aggravating factor or factors 
enumerated in section 3592, and any other aggravating factor not 
specifically enumerated in section 3592, that the Government, if the 
defendant is convicted, will seek to prove as the basis for the death 
penalty. The factors for which notice is provided under this subsection 
may include factors concerning the effect of the offense on the victim 
and the victim's family. The court may permit the attorney for the 
Government to amend the notice upon a showing of good cause.
    ``(b) Hearing Before a Court or Jury.--When the attorney for the 
Government has filed a notice as required under subsection (a) and the 
defendant is found guilty of an offense described in section 3591, the 
judge who presided at the trial or before whom the guilty plea was 
entered, or another judge if that judge is unavailable, shall conduct a 
separate sentencing hearing to determine the punishment to be imposed. 
Prior to such a hearing, no presentence report shall be prepared by the 
United States Probation Service, notwithstanding the provisions of the 
Federal Rules of Criminal Procedure. The hearing shall be conducted--
            ``(1) before the jury that determined the defendant's 
        guilt;
            ``(2) before a jury impaneled for the purpose of the 
        hearing if--
                    ``(A) the defendant was convicted upon a plea of 
                guilty;
                    ``(B) the defendant was convicted after a trial 
                before the court sitting without a jury;
                    ``(C) the jury that determined the defendant's 
                guilt was discharged for good cause; or
                    ``(D) after initial imposition of a sentence under 
                this section, reconsideration of the sentence under the 
                section is necessary; or
            ``(3) before the court alone, upon motion of the defendant 
        and with the approval of the attorney for the Government.
A jury impaneled pursuant to paragraph (2) shall consist of twelve 
members, unless, at any time before the conclusion of the hearing, the 
parties stipulate, with the approval of the court, that it shall 
consist of a lesser number.
    ``(c) Proof of Mitigating and Aggravating Factors.--At the hearing, 
information may be presented as to--
            ``(1) any matter relating to any mitigating factor listed 
        in section 3592 and any other mitigating factor; and
            ``(2) any matter relating to any aggravating factor listed 
        in section 3592 for which notice has been provided under 
        subsection (a) and (if information is presented relating to 
        such a listed factor) any other aggravating factor for which 
        notice has been so provided.
The information presented may include the trial transcript and 
exhibits. Any other information relevant to such mitigating or 
aggravating factors may be presented by either the Government or the 
defendant, regardless of its admissibility under the rules governing 
admission of evidence at criminal trials, except that information may 
be excluded if its probative value is outweighed by the danger of 
creating unfair prejudice, confusing the issues, or misleading the 
jury. The attorney for the Government and for the defendant shall be 
permitted to rebut any information received at the hearing, and shall 
be given fair opportunity to present argument as to the adequacy of the 
information to establish the existence of any aggravating or mitigating 
factor, and as to the appropriateness in that case of imposing a 
sentence of death. The attorney for the Government shall open the 
argument. The defendant shall be permitted to reply. The Government 
shall then be permitted to reply in rebuttal. The burden of 
establishing the existence of an aggravating factor is on the 
Government, and is not satisfied unless the existence of such a factor 
is established beyond a reasonable doubt. The burden of establishing 
the existence of any mitigating factor is on the defendant, and is not 
satisfied unless the existence of such a factor is established by a 
preponderance of the evidence.
    ``(d) Return of Special Findings.--The jury, or if there is no 
jury, the court, shall consider all the information received during the 
hearing. It shall return special findings identifying any aggravating 
factor or factors set forth in section 3592 found to exist and any 
other aggravating factor for which notice has been provided under 
subsection (a) found to exist. A finding with respect to a mitigating 
factor may be made by one or more members of the jury, and any member 
of the jury who finds the existence of a mitigating factor may consider 
such factor established for purposes of this section regardless of the 
number of jurors who concur that the factor has been established. A 
finding with respect to any aggravating factor must be unanimous. If no 
aggravating factor set forth in section 3592 is found to exist, the 
court shall impose a sentence other than death authorized by law.
    ``(e) Return of a Finding Concerning a Sentence of Death.--If, in 
the case of--
            ``(1) an offense described in section 3591(1), an 
        aggravating factor required to be considered under section 
        3592(b) is found to exist;
            ``(2) an offense described in section 3591(2) or (6), an 
        aggravating factor required to be considered under section 
        3592(c) is found to exist; or
            ``(3) an offense described in section 3591(3)-(5), an 
        aggravating factor required to be considered under section 
        3592(d) is found to exist;
the jury, or if there is no jury, the court, shall then consider 
whether the aggravating factor or factors found to exist under 
subsection (d) outweigh any mitigating factor or factors. The jury, or 
if there is no jury, the court, shall recommend a sentence of death if 
it unanimously finds at least one aggravating factor and no mitigating 
factor or if it finds one or more aggravating factors which outweigh 
any mitigating factors. In any other case, it shall not recommend a 
sentence of death. The jury shall be instructed that it must avoid any 
influence of sympathy, sentiment, passion, prejudice, or other 
arbitrary factors in its decision, and should make such a 
recommendation as the information warrants.
    ``(f) Special Precaution to Assure Against Discrimination.--In a 
hearing held before a jury, the court, prior to the return of a finding 
under subsection (e), shall instruct the jury that, in considering 
whether a sentence of death is justified, it shall not be influenced by 
prejudice or bias relating to the race, color, religion, national 
origin, or sex of the defendant or of any victim and that the jury is 
not to recommend a sentence of death unless it has concluded that it 
would recommend a sentence of death for the crime in question no matter 
what the race, color, religion, national origin, or sex of the 
defendant or of any victim may be. The jury, upon return of a finding 
under subsection (e), shall also return to the court a certificate, 
signed by each juror, that prejudice or bias relating to the race, 
color, religion, national origin, or sex of the defendant or any victim 
was not involved in reaching his or her individual decision and that 
the individual juror would have made the same recommendation regarding 
a sentence for the crime in question no matter what the race, color, 
religion, national origin, or sex of the defendant or any victim may 
be.
``Sec. 3594. Imposition of a sentence of death
    ``Upon the recommendation under section 3593(e) that a sentence of 
death be imposed, the court shall sentence the defendant to death. 
Otherwise the court shall impose a sentence, other than death, 
authorized by law. Notwithstanding any other provision of law, if the 
maximum term of imprisonment for the offense is life imprisonment, the 
court may impose a sentence of life imprisonment without the 
possibility of release.
``Sec. 3595. Review of a sentence of death
    ``(a) Appeal.--In a case in which a sentence of death is imposed, 
the sentence shall be subject to review by the court of appeals upon 
appeal by the defendant. Notice of appeal of the sentence must be filed 
within the time specified for the filing of a notice of appeal of the 
judgment of conviction. An appeal of the sentence under this section 
may be consolidated with an appeal of the judgment of conviction and 
shall have priority over all other cases.
    ``(b) Review.--The court of appeals shall review the entire record 
in the case, including--
            ``(1) the evidence submitted during the trial;
            ``(2) the information submitted during the sentencing 
        hearing;
            ``(3) the procedures employed in the sentencing hearing; 
        and
            ``(4) the special findings returned under section 3593(d).
    ``(c) Decision and Disposition.--
            ``(1) If the court of appeals determines that--
                    ``(A) the sentence of death was not imposed under 
                the influence of passion, prejudice, or any other 
                arbitrary factor;
                    ``(B) the evidence and information support the 
                special findings of the existence of an aggravating 
                factor or factors; and
                    ``(C) the proceedings did not involve any other 
                prejudicial error requiring reversal of the sentence 
                that was properly preserved for and raised on appeal;
        it shall affirm the sentence.
            ``(2) In any other case, the court of appeals shall remand 
        the case for reconsideration under section 3593 or for 
        imposition of another authorized sentence as appropriate.
            ``(3) The court of appeals shall state in writing the 
        reasons for its disposition of an appeal of a sentence of death 
        under this section.
``Sec. 3596. Implementation of a sentence of death
    ``(a) In General.--A person who has been sentenced to death 
pursuant to the provisions of this chapter shall be committed to the 
custody of the Attorney General until exhaustion of the procedures for 
appeal of the judgment of conviction and for review of the sentence. 
When the sentence is to be implemented, the Attorney General shall 
release the person sentenced to death to the custody of a United States 
Marshal, who shall supervise implementation of the sentence in the 
manner prescribed by the law of the State in which the sentence is 
imposed. If the law of such State does not provide for implementation 
of a sentence of death, the court shall designate another State, the 
law of which does so provide, and the sentence shall be implemented in 
the manner prescribed by such law.
    ``(b) Special Bars to Execution.--A sentence of death shall not be 
carried out upon a person who lacks the mental capacity to understand 
the death penalty and why it was imposed on that person, or upon a 
woman while she is pregnant.
    ``(c) Employees May Decline to Participate.--No employee of any 
State department of corrections, the Federal Bureau of Prisons, or the 
United States Marshals Service, and no employee providing services to 
that department, bureau, or service under contract shall be required, 
as a condition of that employment or contractual obligation, to be in 
attendance at or to participate in any execution carried out under this 
section if such participation is contrary to the moral or religious 
convictions of the employee. For purposes of this subsection, the term 
`participate in any execution' includes personal preparation of the 
condemned individual and the apparatus used for the execution, and 
supervision of the activities of other personnel in carrying out such 
activities.
``Sec. 3597. Use of State facilities
    ``A United States Marshal charged with supervising the 
implementation of a sentence of death may use appropriate State or 
local facilities for the purpose, may use the services of an 
appropriate State or local official or of a person such an official 
employs for the purpose, and shall pay the costs thereof in an amount 
approved by the Attorney General.
``Sec. 3598. Appointment of counsel
    ``(a) Representation of Indigent Defendants.--Notwithstanding any 
other provision of law, this section shall govern the appointment of 
counsel for any defendant against whom a sentence of death is sought, 
or on whom a sentence of death has been imposed, for an offense against 
the United States, where the defendant is or becomes financially unable 
to obtain adequate representation. Such a defendant shall be entitled 
to appointment of counsel from the commencement of trial proceedings 
until one of the conditions specified in section 3599(b) of this title 
has occurred.
    ``(b) Representation Before Finality of Judgment.--A defendant 
within the scope of this section shall have counsel appointed for trial 
representation as provided in section 3005 of this title. At least one 
counsel so appointed shall continue to represent the defendant until 
the conclusion of direct review of the judgment, unless replaced by the 
court with other qualified counsel.
    ``(c) Representation After Finality of Judgment.--When a judgment 
imposing a sentence of death has become final through affirmance by the 
Supreme Court on direct review, denial of certiorari by the Supreme 
Court on direct review, or expiration of the time for seeking direct 
review in the court of appeals or the Supreme Court, the Government 
shall promptly notify the district court that imposed the sentence. 
Within ten days of receipt of such notice, the district court shall 
proceed to make a determination whether the defendant is eligible under 
this section for appointment of counsel for subsequent proceedings. On 
the basis of the determination, the court shall issue an order--
            ``(1) appointing one or more counsel to represent the 
        defendant upon a finding that the defendant is financially 
        unable to obtain adequate representation and wishes to have 
        counsel appointed or is unable competently to decide whether to 
        accept or reject appointment of counsel;
            ``(2) finding, after a hearing if necessary, that the 
        defendant rejected appointment of counsel and made the decision 
        with an understanding of its legal consequences; or
            ``(3) denying the appointment of counsel upon a finding 
        that the defendant is financially able to obtain adequate 
        representation.
Counsel appointed pursuant to this subsection shall be different from 
the counsel who represented the defendant at trial and on direct review 
unless the defendant and counsel request a continuation or renewal of 
the earlier representation.
    ``(d) Standards for Competence of Counsel.--In relation to a 
defendant who is entitled to appointment of counsel under this section, 
at least one counsel appointed for trial representation must have been 
admitted to the bar for at least five years and have at least three 
years of experience in the trial of felony cases in the federal 
district courts. If new counsel is appointed after judgment, at least 
one counsel so appointed must have been admitted to the bar for at 
least five years and have at least three years of experience in the 
litigation of felony cases in the Federal courts of appeals or the 
Supreme Court. The court, for good cause, may appoint counsel who does 
not meet these standards, but whose background, knowledge, or 
experience would otherwise enable him or her to properly represent the 
defendant, with due consideration of the seriousness of the penalty and 
the nature of the litigation.
    ``(e) Applicability of Criminal Justice Act.--Except as otherwise 
provided in this section, the provisions of section 3006A of this title 
shall apply to appointments under this section.
    ``(f) Claims of Ineffectiveness of Counsel.--The ineffectiveness or 
incompetence of counsel during proceedings on a motion under section 
2255 of title 28 in a capital case shall not be a ground for relief 
from the judgment or sentence in any proceeding. This limitation shall 
not preclude the appointment of different counsel at any stage of the 
proceedings.
``Sec. 3599. Collateral Attack on Judgment Imposing Sentence of Death
    ``(a) Time for Making Section 2255 Motion.--In a case in which 
sentence of death has been imposed, and the judgment has become final 
as described in section 3598(c) of this title, a motion in the case 
under section 2255 of title 28, United States Code, must be filed 
within ninety days of the issuance of the order relating to appointment 
of counsel under section 3598(c) of this title. The court in which the 
motion is filed, for good cause shown, may extend the time for filing 
for a period not exceeding sixty days. A motion described in this 
section shall have priority over all noncapital matters in the district 
court, and in the court of appeals on review of the district court's 
decision.
    ``(b) Stay of Execution.--The execution of a sentence of death 
shall be stayed in the course of direct review of the judgment and 
during the litigation of an initial motion in the case under section 
2255 of title 28, United States Code. The stay shall run continuously 
following imposition of the sentence, and shall expire if--
            ``(1) the defendant fails to file a motion under section 
        2255 of title 28, United States Code, within the time specified 
        in subsection (a), or fails to make a timely application for 
        court of appeals review following the denial of such motion by 
        a district court; or
            ``(2) upon completion of district court and court of 
        appeals review under section 2255 of title 28, United States 
        Code, the motion under that section is denied and (A) the time 
        for filing a petition for certiorari has expired and no 
        petition has been filed; (B) a timely petition for certiorari 
        was filed and the Supreme Court denied the petition; or (C) a 
        timely petition for certiorari was filed and upon consideration 
        of the case, the Supreme Court disposed of it in a manner that 
        left the capital sentence undisturbed; or
            ``(3) before a district court, in the presence of counsel 
        and after having been advised of the consequences of his 
        decision, the defendant waives the right to file a motion under 
        section 2255 of title 28, United States Code.
    ``(c) Finality of the Decision on Review.--If one of the conditions 
specified in subsection (b) has occurred, no court thereafter shall 
have the authority to enter a stay of execution or grant relief in the 
case unless--
            ``(1) the basis for the stay and request for relief is a 
        claim not presented in earlier proceedings;
            ``(2) the failure to raise the claim was (A) the result of 
        governmental action in violation of the Constitution or laws of 
        the United States; (B) the result of the Supreme Court 
        recognition of a new Federal right that is retroactively 
        applicable; or (C) based on a factual predicate that could not 
        have been discovered through the exercise of reasonable 
        diligence in time to present the claim in earlier proceedings; 
        and
            ``(3) the facts underlying the claim would be sufficient, 
        if proven, to undermine the court's confidence in the 
        determination of guilt on the offense or offenses for which the 
        death penalty was imposed.''; and
            (2) in the table of chapters at the beginning of part II, 
        by adding the following new item after the item relating to 
        chapter 227:

``228. Death penalty procedures.............................    3591''.

SEC. 103. CONFORMING AMENDMENT RELATING TO DESTRUCTION OF AIRCRAFT OR 
              AIRCRAFT FACILITIES.

    Section 34 of title 18 of the United States Code is amended by 
changing the comma after the words ``imprisonment for life'' to a 
period and deleting the remainder of the section.

SEC. 104. CONFORMING AMENDMENT RELATING TO ESPIONAGE.

    Section 794(a) of title 18 of the United States Code is amended by 
changing the period at the end of the section to a comma and by adding 
immediately thereafter the words ``except that the sentence of death 
shall not be imposed unless the jury or, if there is no jury, the 
court, further finds beyond a reasonable doubt at a hearing under 
section 3593 of this title that the offense directly concerned nuclear 
weaponry, military spacecraft and satellites, early warning systems, or 
other means of defense or retaliation against large-scale attack; war 
plans; communications intelligence or cryptographic information; 
sources or methods of intelligence or counterintelligence operations; 
or any other major weapons system or major element of defense 
strategy.''.

SEC. 105. CONFORMING AMENDMENT RELATING TO TRANSPORTING EXPLOSIVES.

    Section 844(d) of title 18 of the United States Code is amended by 
striking the words ``as provided in section 34 of this title''.

SEC. 106. CONFORMING AMENDMENT RELATING TO MALICIOUS DESTRUCTION OF 
              FEDERAL PROPERTY BY EXPLOSIVES.

    Section 844(f) of title 18 of the United States Code is amended by 
striking the words ``as provided in section 34 of this title''.

SEC. 107. CONFORMING AMENDMENT RELATING TO MALICIOUS DESTRUCTION OF 
              INTERSTATE PROPERTY BY EXPLOSIVES.

    Section 844(i) of title 18 of the United States Code is amended by 
striking the words ``as provided in section 34 of this title''.

SEC. 108. CONFORMING AMENDMENT RELATING TO MURDER.

    The second paragraph of section 1111(b) of title 18 of the United 
States Code is amended to read as follows:
    ``Whoever is guilty of murder in the first degree shall be punished 
by death or by imprisonment for life;''.

SEC. 109. CONFORMING AMENDMENT RELATING TO KILLING OFFICIAL GUESTS OR 
              INTERNATIONALLY PROTECTED PERSONS.

    Section 1116(a) of title 18 of the United States Code is amended by 
striking the words ``any such person who is found guilty of murder in 
the first degree shall be sentenced to imprisonment for life, and''.

SEC. 110. MURDER BY FEDERAL PRISONER.

    Chapter 51 of title 18 of the United States Code is amended--
            (a) by adding at the end thereof the following:
``Sec. 1118. Murder by a Federal prisoner
    ``(a) Whoever, while confined in a Federal prison under a sentence 
for a term of life imprisonment, murders another, shall be punished by 
death or by life imprisonment without the possibility of release.
    ``(b) For purposes of this section--
            ``(1) `Federal prison' means any Federal correctional, 
        detention, or penal facility, Federal community treatment 
        center, or Federal halfway house, or any such prison operated 
        under contract with the Federal Government;
            ``(2) `term of life imprisonment' means a sentence for the 
        term of natural life, a sentence commuted to natural life, an 
        indeterminate term of a minimum of at least fifteen years and a 
        maximum of life, or an unexecuted sentence of death.''; and
            (b) by amending the section analysis to add:

``1118. Murder by a Federal prisoner.''.

SEC. 111. CONFORMING AMENDMENT RELATING TO KIDNAPPING.

    Section 1201 of title 18 of the United States Code is amended by 
inserting after the words ``or for life'' in subsection (a) the words 
``and, if the death of any person results, shall be punished by death 
or life imprisonment''.

SEC. 112. CONFORMING AMENDMENT RELATING TO HOSTAGE TAKING.

    Section 1203 of title 18 of the United States Code is amended by 
inserting after the words ``or for life'' in subsection (a) the words 
``and, if the death of any person results, shall be punished by death 
or life imprisonment''.

SEC. 113. CONFORMING AMENDMENT RELATING TO MAILABILITY OF INJURIOUS 
              ARTICLES.

    The last paragraph of section 1716 of title 18 of the United States 
Code is amended by changing the comma after the words ``imprisonment 
for life'' to a period and deleting the remainder of the paragraph.

SEC. 114. CONFORMING AMENDMENT RELATING TO PRESIDENTIAL ASSASSINATION.

    Subsection (c) of section 1751 of title 18 of the United States 
Code is amended to read as follows:
    ``(c) Whoever attempts to murder or kidnap any individual 
designated in subsection (a) of this section shall be punished (1) by 
imprisonment for any term of years or for life, or (2) by death or 
imprisonment for any term of years or for life, if the conduct 
constitutes an attempt to murder the President of the United States and 
results in bodily injury to the President or otherwise comes 
dangerously close to causing the death of the President.''.

SEC. 115. CONFORMING AMENDMENT RELATING TO MURDER FOR HIRE.

    Subsection (a) of section 1958 of title 18 of the United States 
Code is amended by deleting the words ``and if death results, shall be 
subject to imprisonment for any term of years or for life, or shall be 
fined not more than $50,000, or both'' and inserting in lieu thereof 
``and if death results, shall be punished by death or life 
imprisonment, or shall be fined in accordance with this title, or 
both''.

SEC. 116. CONFORMING AMENDMENT RELATING TO VIOLENT CRIMES IN AID OF 
              RACKETEERING ACTIVITY.

    Paragraph (1) of subsection (a) of section 1959 of title 18 of the 
United States Code is amended to read as follows: ``for murder, by 
death or life imprisonment, or a fine in accordance with this title, or 
both; and for kidnapping, by imprisonment for any term of years or for 
life, or a fine in accordance with this title, or both'';

SEC. 117. CONFORMING AMENDMENT RELATING TO WRECKING TRAINS.

    The second to the last paragraph of section 1992 of title 18 of the 
United States Code is amended by changing the comma after the words 
``imprisonment for life'' to a period and deleting the remainder of the 
section.

SEC. 118. CONFORMING AMENDMENT RELATING TO BANK ROBBERY.

    Section 2113(e) of title 18 of the United States Code is amended by 
striking the words ``or punished by death if the verdict of the jury 
shall so direct'' and inserting in lieu thereof ``or if death results 
shall be punished by death or life imprisonment''.

SEC. 119. CONFORMING AMENDMENT RELATING TO TERRORIST ACTS.

    Section 2332(a)(1) of title 18 of the United States Code is amended 
to read as follows:
            ``(1)(A) if the killing is murder as defined in section 
        1111(a) of this title, be fined under this title, punished by 
        death or imprisonment for any term of years or for life, or 
        both;''.

SEC. 120. CONFORMING AMENDMENT RELATING TO AIRCRAFT HIJACKING.

    Section 903 of the Federal Aviation Act of 1958, as amended (49 
U.S.C. App. 1473), is amended by striking subsection (c).

SEC. 121. CONFORMING AMENDMENT TO CONTROLLED SUBSTANCES ACT.

    Section 408 of the Controlled Substances Act is amended by striking 
subsections (g)-(r).

SEC. 122. CONFORMING AMENDMENT RELATING TO GENOCIDE.

    Section 1091(b)(1) of title 18 of the United States Code is amended 
by striking ``a fine of not more than $1,000,000 and imprisonment for 
life;'' and inserting in lieu thereof ``by death or imprisonment for 
life, or a fine of not more than $1,000,000, or both;

SEC. 123. INAPPLICABILITY TO UNIFORM CODE OF MILITARY JUSTICE.

    The provisions of chapter 228 of title 18 of the United States 
Code, as added by this Act, shall not apply to prosecutions under the 
Uniform Code of Military Justice (10 U.S.C. 801 et seq.).

                     TITLE II--HABEAS CORPUS REFORM

                Subtitle A--General Habeas Corpus Reform

SEC. 201. SHORT TITLE FOR SUBTITLE A.

    This subtitle may be cited as the ``Habeas Corpus Reform Act of 
1993''.

SEC. 202. PERIOD OF LIMITATION.

    Section 2244 of title 28, United States Code, is amended by adding 
at the end thereof the following new subsection:
    ``(d) A one-year period of limitation shall apply to an application 
for a writ of habeas corpus by a person in custody pursuant to the 
judgment of a State court. The limitation period shall run from the 
latest of the following times:
            ``(1) the time at which State remedies are exhausted;
            ``(2) the time at which the impediment to filing an 
        application created by State action in violation of the 
        Constitution or laws of the United States is removed, where the 
        applicant was prevented from filing by such State action;
            ``(3) the time at which the Federal right asserted was 
        initially recognized by the Supreme Court, where the right has 
        been newly recognized by the Court and is retroactively 
        applicable; or
            ``(4) the time at which the factual predicate of the claim 
        or claims presented could have been discovered through the 
        exercise of reasonable diligence.''.

SEC. 203. APPEAL.

    Section 2253 of title 28, United States Code, is amended to read as 
follows:
``Sec. 2253. Appeal
    ``In a habeas corpus proceeding or a proceeding under section 2255 
of this title before a circuit or district judge, the final order shall 
be subject to review, on appeal, by the court of appeals for the 
circuit where the proceeding is had.
    ``There shall be no right of appeal from such an order in a 
proceeding to test the validity of a warrant to remove, to another 
district or place for commitment or trial, a person charged with a 
criminal offense against the United States, or to test the validity of 
his detention pending removal proceedings.
    ``An appeal may not be taken to the court of appeals from the final 
order in a habeas corpus proceeding where the detention complained of 
arises out of process issued by a State court, or from the final order 
in a proceeding under section 2255 of this title, unless a circuit 
justice or judge issues a certificate of probable cause.''

SEC. 204. AMENDMENT TO RULES OF APPELLATE PROCEDURE.

    Federal Rule of Appellate Procedure 22 is amended to read as 
follows:

                               ``RULE 22

              ``habeas corpus and section 2255 proceedings

    ``(a) Application for an Original Writ of Habeas Corpus.--An 
application for a writ of habeas corpus shall be made to the 
appropriate district court. If application is made to a circuit judge, 
the application will ordinarily be transferred to the appropriate 
district court. If an application is made to or transferred to the 
district court and denied, renewal of the application before a circuit 
judge is not favored; the proper remedy is by appeal to the court of 
appeals from the order of the district court denying the writ.
    ``(b) Necessity of Certificate of Probable Cause for Appeal.--In a 
habeas corpus proceeding in which the detention complained of arises 
out of process issued by a State court, and in a motion proceeding 
pursuant to section 2255 of title 28, United States Code, an appeal by 
the applicant or movant may not proceed unless a circuit judge issues a 
certificate of probable cause. If a request for a certificate of 
probable cause is addressed to the court of appeals, it shall be deemed 
addressed to the judges thereof and shall be considered by a circuit 
judge or judges as the court deems appropriate. If no express request 
for a certificate is filed, the notice of appeal shall be deemed to 
constitute a request addressed to the judges of the court of appeals. 
If an appeal is taken by a State or the Government or its 
representative, a certificate or probable cause is not required.''.

SEC. 205. SECTION 2254 AMENDMENTS.

    Section 2254 of title 28, United State Code, is amended by 
redesignating subsections ``(e)'' and ``(f)'' as subsections ``(f)'' 
and ``(g)'', respectively, and is further amended--
            (1) by amending subsection (b) to read as follows:
    ``(b) An application for a writ of habeas corpus in behalf of a 
person in custody pursuant to the judgment of a State court shall not 
be granted unless it appears that the applicant has exhausted the 
remedies available in the courts of the State, or that there is either 
an absence of available State corrective process or the existence of 
circumstances rendering such process ineffective to protect the rights 
of the applicant. An application may be denied on the merits 
notwithstanding the failure of the applicant to exhaust the remedies 
available in the courts of the State.'';
            (2) by redesignating subsection ``(d)'' as subsection 
        ``(e)'', and amending it to read as follows:
    ``(e) In a proceeding instituted by an application for a writ of 
habeas corpus by a person in custody pursuant to the judgment of a 
State court, a full and fair determination of a factual issue made in 
the case by a State court shall be presumed to be correct. The 
applicant shall have the burden of rebutting this presumption by clear 
and convincing evidence.'';
            (3) by adding a new subsection (d) reading as follows:
    ``(d) An application for a writ of habeas corpus in behalf of a 
person in custody pursuant to the judgment of a State court shall not 
be granted with respect to any claim that has been fully and fairly 
adjudicated in State proceedings.''; and
            (4) by adding a new subsection (h) reading as follows:
    ``(h) In all proceedings brought under this section, and any 
subsequent proceedings on review, appointment of counsel for a 
petitioner who is or becomes financially unable to afford counsel shall 
be in the discretion of the court, except as provided by a rule 
promulgated by the Supreme Court pursuant to statutory authority. 
Appointment of counsel under this section shall be governed by section 
3006A of title 18, United States Code.''.

SEC. 206. SECTION 2255 AMENDMENTS.

    Section 2255 of title 28, United States Code, is amended by 
deleting the second paragraph and the penultimate paragraph thereof, 
and by adding at the end thereof the following new paragraphs:
    ``A two-year period of limitation shall apply to a motion under 
this section. The limitation period shall run from the latest of the 
following times:
            ``(1) the time at which the judgment of conviction becomes 
        final;
            ``(2) the time at which the impediment to making a motion 
        created by governmental action in violation of the Constitution 
        or laws of the United States is removed, where the movant was 
        prevented from making a motion by such governmental action;
            ``(3) the time at which the right asserted was initially 
        recognized by the Supreme Court, where the right has been newly 
        recognized by the Court and is retroactively applicable; or
            ``(4) the time at which the factual predicate of the claim 
        or claims presented could have been discovered through the 
        exercise of reasonable diligence.
    ``In all proceedings brought under this section, and any subsequent 
proceedings on review, appointment of counsel for a movant who is or 
becomes financially unable to afford counsel shall be in the discretion 
of the court, except as provided by a rule promulgated by the Supreme 
Court pursuant to statutory authority. Appointment of counsel under 
this section shall be governed by section 3006A of title 18, United 
States Code.''.

            Subtitle B--Death Penalty Litigation Procedures

SEC. 210. SHORT TITLE FOR SUBTITLE B.

    This subtitle may be cited as the ``Death Penalty Litigation 
Procedures Act of 1993.''

SEC. 211. DEATH PENALTY LITIGATION PROCEDURES.

    Title 28, United States Code, is amended by inserting the following 
new chapter immediately following chapter 153:

    ``CHAPTER 154--SPECIAL HABEAS CORPUS 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.
``Sec. 2256. Counsel in capital cases; State court
    ``(a) A State in which capital punishment may be imposed shall 
provide legal services to--
            ``(1) indigents charged with offenses for which capital 
        punishment is sought;
            ``(2) indigents who have been sentenced to death and who 
        seek appellate, collateral, or unitary review in State court; 
        and
            ``(3) indigents who have been sentenced to death and who 
        seek certiorari review of State court judgments in the United 
        States Supreme Court.
    ``(b) The State shall establish an appointing authority, which 
shall be--
            ``(1) a statewide defender organization;
            ``(2) a resource center; or
            ``(3) a committee appointed by the highest State court, 
        comprised of members of the bar with substantial experience in, 
        or commitment to, criminal justice.
    ``(c) The appointing authority shall--
            ``(1) publish a roster of attorneys qualified to be 
        appointed in capital cases, procedures by which attorneys are 
        appointed, and standards governing qualifications and 
        performance of counsel, which shall include--
                    ``(A) knowledge and understanding of pertinent 
                legal authorities regarding issues in capital cases;
                    ``(B) skills in the conduct of negotiations and 
                litigation in capital cases, the investigation of 
                capital cases and the psychiatric history and current 
                condition of capital clients, and the preparation and 
                writing of legal papers in capital cases;
                    ``(C) in the case of counsel appointed for the 
                trial or sentencing stages, 5 years of experience in 
                the representation of criminal clients in felony cases 
                and experience in at least one case in which the death 
                penalty was sought; and
                    ``(D) in the case of counsel appointed for the 
                appellate, postconviction, or unitary review stages, 5 
                years of experience in the representation of criminal 
                clients in felony cases at the appellate, 
                postconviction, unitary review, or certiorari stages 
                and experience in at least one case in which the client 
                had been sentenced to death;
            ``(2) monitor the performance of attorneys appointed and 
        delete from the roster any attorney who fails to meet 
        qualification and performance standards; and
            ``(3) appoint a defense team, which shall include at least 
        2 attorneys, to represent a client at the relevant stage of 
        proceedings, promptly upon receiving notice of the need for the 
        appointment from the relevant State court.
    ``(d) An attorney who is not listed on the roster shall be 
appointed only on the request of the client concerned and in 
circumstances in which the attorney requested is able to provide the 
client with quality legal representation.
    ``(e) No counsel appointed pursuant to this section to represent a 
prisoner in State postconviction proceedings shall have previously 
represented the prisoner at trial or on direct appeal in the case of 
which the appointment is made, unless the prisoner and counsel 
expressly request continued representation.
    ``(f) The ineffectiveness or incompetence of counsel appointed 
pursuant to this section during State or Federal postconviction 
proceedings shall not be a ground for relief in a proceeding arising 
under section 2254 of this title. The limitation shall not preclude the 
appointment of different counsel at any phase of State or Federal 
postconviction proceedings.
    ``(g) Upon receipt of notice from the appointing authority that an 
individual entitled to the appointment of counsel under this section 
has declined to accept such an appointment, the court requesting the 
appointment shall conduct, or cause to be conducted, a hearing, at 
which the individual and counsel proposed to be appointed under this 
section shall be present, to determine the individual's competency to 
decline the appointment, and whether the individual has knowingly and 
intelligently declined it.
    ``(h) Attorneys appointed from the private bar shall be compensated 
on an hourly basis and at a reasonable rate in light of the attorney's 
qualifications and experience and the local market for legal 
representation in cases reflecting the complexity and responsibility of 
capital cases and shall be reimbursed for expenses reasonably incurred 
in representing the client, including the costs of law clerks, 
paralegals, investigators, experts, or other support services.
    ``(i) Support services for staff attorneys of a defender 
organization or resource center shall be equal to the services listed 
in subsection (h).
    ``(j) If a State fails to provide counsel in a proceeding specified 
in subsection (a), or counsel appointed for such a proceeding fails 
substantially to meet the qualification standards specified in 
subsections (c)(1) or (d), or the performance standards established by 
the appointing authority, the court, in an action under this chapter, 
shall neither presume findings of fact made in such proceeding to be 
correct nor decline to consider a claim on the ground that it was not 
raised in such proceeding at the time or in the manner prescribed by 
State law.
``Sec. 2257. Mandatory stay of execution; duration; limits on stays of 
              execution; successive petitions
    ``(a) Upon the entry in the appropriate State court of record of an 
order under section 2256(c), a warrant or order setting an execution 
date for a State prisoner shall be stayed upon application to any court 
that would have jurisdiction over any proceedings filed under section 
2254. The application must recite that the State has invoked the 
postconviction review procedures of this chapter and that the scheduled 
execution is subject to stay.
    ``(b) A stay of execution granted pursuant to subsection (a) shall 
expire if--
            ``(1) a State prisoner fails to file a habeas corpus 
        petition under section 2254 within the time required in section 
        2258, or fails to make a timely application for court of 
        appeals review following the denial of such a petition by a 
        district court; or
            ``(2) upon completion of district court and court of 
        appeals review under section 2254 the petition for relief is 
        denied and (A) the time for filing a petition for certiorari 
        has expired and no petition has been filed; (B) a timely 
        petition for certiorari was filed and the Supreme Court denied 
        the petition; or (C) a timely petition for certiorari was filed 
        and upon consideration of the case, the Supreme Court disposed 
        of it in a manner that left the capital sentence undisturbed; 
        or
            ``(3) before a court of competent jurisdiction, in the 
        presence of counsel and after having been advised of the 
        consequences of his decision, a State prisoner under capital 
        sentence waives the right to pursue habeas corpus review under 
        section 2254.
    ``(c) If one of the conditions in subsection (b) has occurred, no 
Federal court thereafter shall have the authority to enter a stay of 
execution or grant relief in a capital case unless:
            ``(1) the basis for the stay and request for relief is a 
        claim not previously presented in the State or Federal courts;
            ``(2) the failure to raise the claim is (A) the result of 
        State action in violation of the Constitution or laws of the 
        United States; (B) the result of the Supreme Court recognition 
        of a new Federal right that is retroactively applicable; or (C) 
        based on a factual predicate that could not have been 
        discovered through the exercise of reasonable diligence in time 
        to present the claim for State or Federal postconviction 
        review; and
            ``(3) the facts underlying the claim would be sufficient, 
        if proven, to undermine the court's confidence in the 
        determination of guilt on the offense or offenses for which the 
        death penalty was imposed.
``Sec. 2258. Filing of habeas corpus petition; time requirements; 
              tolling rules
    ``Any petition for habeas corpus relief under section 2254 must be 
filed in the appropriate district court within one hundred and eighty 
days from the filing in the appropriate State court of record of an 
order under section 2256(c). The time requirements established by this 
section shall be tolled--
            ``(1) from the date that a petition for certiorari is filed 
        in the Supreme Court until the date of final disposition of the 
        petition if a State prisoner files the petition to secure 
        review by the Supreme Court of the affirmance of a capital 
        sentence on direct review by the court of last resort of the 
        State or other final State court decision on direct review;
            ``(2) during any period in which a State prisoner under 
        capital sentence has a properly filed request for 
        postconviction review pending before a State court of competent 
        jurisdiction; if all State filing rules are met in a timely 
        manner, this period shall run continuously from the date that 
        the State prisoner initially files for postconviction review 
        until final disposition of the case by the highest court of the 
        State, but the time requirements established by this section 
        are not tolled during the pendency of a petition for certiorari 
        before the Supreme Court except as provided in paragraph (1); 
        and
            ``(3) during an additional period not to exceed sixty days, 
        if (A) a motion for an extension of time is filed in the 
        Federal district court that would have proper jurisdiction over 
        the case upon the filing of a habeas corpus petition under 
        section 2254; and (B) a showing of good cause is made for the 
        failure to file the habeas corpus petition within the time 
        period established by this section.
``Sec. 2259. Evidentiary hearings; scope of Federal review; district 
              court adjudication
    ``(a) Whenever a State prisoner under a capital sentence files a 
petition for habeas corpus relief to which this chapter applies, the 
district court shall:
            ``(1) determine the sufficiency of the record for habeas 
        corpus review based on the claims actually presented and 
        litigated in the State courts except when the prisoner can show 
        that the failure to raise or develop a claim in the State 
        courts is (A) the result of State action in violation of the 
        Constitution or laws of the United States; (B) the result of 
        the Supreme Court recognition of a new Federal right that is 
        retroactively applicable; or (C) based on a factual predicate 
        that could not have been discovered through the exercise of 
        reasonable diligence in time to present the claim for State 
        postconviction review; and
            ``(2) conduct any requested evidentiary hearing necessary 
        to complete the record for habeas corpus review.
    ``(b) Upon the development of a complete evidentiary record, the 
district court shall rule on the claims that are properly before it, 
but the court shall not grant relief from a judgment of conviction or 
sentence on the basis of any claim that was fully and fairly 
adjudicated in State proceedings.
``Sec. 2260. Certificate of probable cause inapplicable
    ``The requirement of a certificate of probable cause in order to 
appeal from the district court to the court of appeals does not apply 
to habeas corpus cases subject to the provisions of this chapter except 
when a second or successive petition is filed.
``Sec. 2261. Application to state unitary review procedure
    ``(a) For purposes of this section, a ``unitary review'' procedure 
means a State procedure that authorizes a person under sentence of 
death to raise, in the course of direct review of the judgment, such 
claims as could be raised on collateral attack. The provisions of this 
chapter shall apply, as provided in this section, in relation to a 
State unitary review procedure if the State establishes by rule of its 
court of last resort or by statute a mechanism for the appointment, 
compensation and payment of reasonable litigation expenses of competent 
counsel in the unitary review proceedings, including expenses relating 
to the litigation of collateral claims in the proceedings. The rule of 
court or statute must provide standards of competency for the 
appointment of such counsel.
    ``(b) A unitary review procedure, to qualify under this section, 
must include an offer of counsel following trial for the purpose of 
representation on unitary review, and the appointment of counsel under 
section 2256(c), or waiver or denial of appointment of counsel for that 
purpose. No counsel appointed to represent the prisoner in the unitary 
review proceedings shall have previously represented the prisoner at 
trial in the case for which the appointment is made unless the prisoner 
and counsel expressly request continued representation.
    ``(c) The provision of sections 2257, 2258, 2259, 2260, and 2262 
shall apply in relation to cases involving a sentence of death from any 
State having a unitary review procedure that qualifies under this 
section. References to State `post-conviction review' and `direct 
review' in those sections shall be understood as referring to unitary 
review under the State procedure. The references in sections 2257(a) 
and 2258 to `an order under section 2256(c)' shall be understood as 
referring to the post-trial order under subsection (b) concerning 
representation in the unitary review proceedings, but if a transcript 
of the trial proceedings is unavailable at the time of the filing of 
such an order in the appropriate State court, then the start of the one 
hundred and eighty day limitation period under section 2258 shall be 
deferred until a transcript is made available to the prisoner or his 
counsel.
``Sec. 2262. Limitation periods for determining petitions
    ``(a) The adjudication of any petition under section 2254 of title 
28, United States Code, that is subject to this chapter, and the 
adjudication of any motion under section 2255 of title 28, United 
States Code, by a person under sentence of death, shall be given 
priority by the district court and by the court of appeals over all 
noncapital matters. The adjudication of such a petition or motion shall 
be subject to the following time limitations:
            ``(1) The district court shall determine such a petition or 
        motion within one hundred and eighty days of the filing of the 
        petition or motion.
            ``(2) The court of appeals shall determine an appeal 
        relating to such a petition or motion within one hundred and 
        eighty days of the filing of the record in the court of 
        appeals. If the court of appeals grants en banc consideration, 
        the en banc court shall determine the appeal within one hundred 
        and eighty days of the decision to grant such consideration.
    ``(b) The time limitations under subsection (a) shall apply to an 
initial petition or motion, and to any second or successive petition or 
motion. The same limitations shall also apply to the re-determination 
of a petition or motion or related appeal following a remand by the 
court of appeals or the Supreme Court for further proceedings, and in 
such a case the limitation period shall run from the date of the 
remand.
    ``(c) The time limitations under this secton shall not be construed 
to entitle a petitioner or movant to a stay of execution, to which the 
petitioner or movant would otherwise not be entitled, for the purpose 
of litigating any petition, motion, or appeal.
    ``(d) the failure of a court to meet or comply with the time 
limitations under this section shall not be a ground for granting 
relief from a judgment of conviction or sentence. The State or 
Government may enforce the time limitations under this section by 
applying to the court of appeals or the Supreme Court for a writ of 
mandamus.
``Sec. 2263. Rule of construction
    ``This chapter shall be construed to promote the expeditious 
conduct and conclusion of State and Federal court review in capital 
cases.''.

                      TITLE III--EXCLUSIONARY RULE

SEC. 301. CODIFICATION OF EXCEPTIONS TO EXCLUSIONARY RULE.

    The Constitution of the United States does not require the 
exclusion from a criminal trial of evidence--
            (1) obtained in reasonable reliance on a search warrant 
        issued by a detached and neutral magistrate who is not misled, 
        even though the warrant is ultimately determined to be invalid;
            (2) the legal discovery of which was inevitable, even 
        though the evidence was in fact discovered through 
        constitutionally invalid means; or
            (3) for which a source exists that is independent of the 
        source through which the evidence was in fact discovered 
        through constitutionally invalid means.

                           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.

    (a) In General.--Section 924(c) of title 18, United States Code, is 
amended by inserting ``, or semiautomatic firearm,'' after ``short-
barreled shotgun''.
    (b) Semiautomatic Firearm Defined.--Section 921(a) of such title is 
amended by adding at the end the following:
            ``(29) The term `semiautomatic firearm' means any repeating 
        firearm which utilizes a portion of the energy of a firing 
        cartridge to extract the fired cartridge case and chamber the 
        next round, and which requires a separate pull of the trigger 
        to fire each cartridge.''.

SEC. 402. POSSESSION OF A FIREARM OR AN EXPLOSIVE DURING CERTAIN 
              FELONIES.

    (a) Firearm.--Section 924(c) of title 18, United States Code, is 
amended--
            (1) by striking ``uses or carries'' and inserting 
        ``possesses''; and
            (2) by striking ``used or carried'' and inserting 
        ``possessed''.
    (b) Explosive.--Section 844(h) of such title is amended--
            (1) by striking ``carries'' and inserting ``possesses''; 
        and
            (2) by striking ``used or carried'' and inserting 
        ``possessed''.

SEC. 403. INCREASED PENALTY FOR SECOND OFFENSE OF POSSESSING AN 
              EXPLOSIVE DURING CERTAIN FELONIES.

    Section 844(h) of title 18, United States Code, is amended by 
striking ``ten'' and inserting ``twenty''.

SEC. 404. CLARIFICATION OF DEFINITION OF CONVICTION.

    Section 921(a)(20) of title 18, United States Code, is amended by 
adding at the end the following:
    ``The immediately preceding sentence shall not apply to a 
conviction for a violent felony (as defined in section 924(e)(2)(B)) 
involving the threatened or actual use of a firearm or explosive, or 
for a serious drug offense (as defined in section 924(e)(2)(A)).''.

SEC. 405. AUTHORITY TO CONSIDER PRETRIAL DETENTION FOR CERTAIN FIREARMS 
              AND EXPLOSIVES OFFENSES.

    Section 3142(f)(1) of title 18, United States Code, is amended--
            (1) by striking ``or'' at the end of subparagraph (C); and
            (2) by redesignating subparagraph (D) as subparagraph (E); 
        and
            (3) by inserting after subparagraph (C) the following:
                    ``(D) an offense under section 844(a) of this title 
                that is a violation of subsection (d), (h), or (i) of 
                section 842 of this title, or an offense under section 
                924(a) of this title that is a violation of subsection 
                (d), (g), (h), (i), (j), or (o) of section 922 of this 
                title, or an offense under section 844(d), or 
                subsection (b), (g), (h), or (i) of section 922, of 
                this title; or''.

SEC. 406. SMUGGLING FIREARMS IN AID OF DRUG TRAFFICKING.

    Section 924 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(i) Whoever, with the intent to engage in or to promote conduct 
which--
            ``(1) is punishable under the Controlled Substances Act (21 
        U.S.C. 801 et seq.), the Controlled Substances Import and 
        Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law 
        Enforcement Act (46 U.S.C. App. 1901 et seq.);
            ``(2) violates any law of a State relating to any 
        controlled substance (as defined in section 102 of the 
        Controlled Substances Act, 21 U.S.C. 802); or
            ``(3) constitutes a crime of violence (as defined in 
        subsection (c)(3);
smuggles or knowingly brings into the United States a firearm, or 
attempts to do so, shall be imprisoned for not more than ten years, 
fined under this title, or both.''.

SEC. 407. THEFT OF FIREARMS AND EXPLOSIVES.

    (a) Firearms.--Section 924 of title 18, United States Code, as 
amended by section 406 of this Act, is amended by adding at the end the 
following:
    ``(j) Whoever steals any firearm which is moving as, or is a part 
of, or which has moved in, interstate or foreign commerce shall be 
imprisoned for not less than two or more than ten years, and may be 
fined under this title.''.
    (b) Explosives.--Section 844 of such title is amended by adding at 
the end the following:
    ``(k) Whoever steals any explosive materials which are moving as, 
or are a part of, or which have moved in, interstate or foreign 
commerce shall be imprisoned for not less than two or more than ten 
years, and may be fined under this title.''.

SEC. 408. MANDATORY REVOCATION OF SUPERVISED RELEASE FOR POSSESSION OF 
              A FIREARM.

    Section 3583 of title 18, United States Code is amended by adding 
at the end the following:
    ``(h) Mandatory Revocation for Possession of a Firearm.--If the 
court has provided, as a condition of supervised release, that the 
defendant refrain from possessing a firearm, and if the defendant is in 
possession of a firearm (as defined in section 921) at any time before 
the expiration or termination of the term of supervised release, the 
court shall, after a hearing pursuant to the provisions of the Federal 
Rules of Criminal Procedure that are applicable to probation 
revocation, revoke the term of supervised release and, subject to 
subsection (e)(3) of this section, require the defendant to serve in 
prison all or part of the term of supervised release without credit for 
time previously served on postrelease supervision.''.

SEC. 409. INCREASED PENALTY FOR KNOWINGLY FALSE, MATERIAL STATEMENT IN 
              CONNECTION WITH THE ACQUISITION OF A FIREARM FROM A 
              LICENSED DEALER.

    Section 924(a) of title 18, United States Code, is amended--
            (1) in paragraph (1)(B), by striking ``(a)(6),''; and
            (2) in paragraph (2), by inserting ``(a)(6),'' after 
        ``subsection''.

SEC. 410. STATUTE OF LIMITATIONS FOR CERTAIN GANGSTER WEAPON OFFENSES.

    Section 6531 of the Internal Revenue Code of 1986 (relating to 
periods of limitation of criminal prosecutions) is amended by striking 
``except that the period of limitation shall be 6 years'' and inserting 
``except that the period of limitation shall be 5 years for offenses 
described in section 5861 (relating to firearms) and the period of 
limitation shall be 6 years''.

SEC. 411. POSSESSION OF EXPLOSIVES BY FELONS AND OTHERS.

    Section 842(i) of title 18, United States Code, is amended by 
inserting ``or possess'' after ``to receive''.

SEC. 412. SUMMARY DESTRUCTION OF EXPLOSIVES SUBJECT TO FORFEITURE.

    Section 844(c) of title 18, United States Code, is amended--
            (1) by inserting ``(1)'' after ``(c)''; and
            (2) by adding at the end the following:
    ``(2) Notwithstanding paragraph (1), in the case of the seizure of 
any explosive materials for any offense for which the materials would 
be subject to forfeiture in which it is impracticable or unsafe to 
remove the materials to a place of storage, or unsafe to store the 
materials, the seizing officer may destroy the materials forthwith. Any 
destruction under this paragraph shall be in the presence of at least 
one credible witness. The seizing officer shall make a report of the 
seizure and take samples as the Secretary may by regulation prescribe.
    ``(3) Within sixty days after any destruction pursuant to paragraph 
(2), the owner of, including any person having an interest in, the 
property so destroyed may make application to the Secretary for 
reimbursement of the value of the property. If the claimant establishes 
to the satisfaction of the Secretary that--
            ``(A) the property has not been used or involved in a 
        violation of law; or
            ``(B) any unlawful involvement or use of the property was 
        without the claimant's knowledge, consent, or willful 
        blindness,
the Secretary shall make an allowance to the claimant not exceeding the 
value of the property destroyed.''.

SEC. 413. SUMMARY FORFEITURE OF UNREGISTERED NATIONAL FIREARMS ACT 
              WEAPONS.

    Subsection (a) of section 5872 of the Internal Revenue Code of 1986 
is amended--
            (1) by striking ``(a) Laws Applicable.--Any firearm'' and 
        inserting the following:
    ``(a) Laws Applicable.--
            ``(1) In general.--Except as provided in paragraph (2), any 
        firearm'',
            (2) by moving the text thereof 2 ems to the right, and
            (3) by adding at the end thereof the following new 
        paragraphs:
            ``(2) Unregistered national firearms act weapons.--Sections 
        7323 and 7325 shall not apply to any firearm which is not 
        registered in the National Firearms Registration and Transfer 
        Record pursuant to section 5841. Except as provided in 
        paragraph (3), no property rights shall exist in any such 
        unregistered firearm and it shall be summarily forfeited to the 
        United States.
            ``(3) Rights of innocent owners.--The Secretary may 
        reimburse any person holding an interest in a firearm summarily 
        forfeited under paragraph (2) for the value of such interest 
        if--
                    ``(A) such person files a claim for reimbursement 
                within 1 year after the date of such summary 
                forfeiture, and
                    ``(B) such person establishes to the satisfaction 
                of the Secretary that--
                            ``(i) such firearm has not been involved or 
                        used in a violation of law, or
                            ``(ii) any unlawful involvement or use of 
                        such firearm had been without the claimant's 
                        consent, knowledge, or willful blindness.''

SEC. 414. DISPOSITION OF FORFEITED FIREARMS.

    Section 5872(b) of the Internal Revenue Code of 1986 is amended to 
read as follows:
    ``(b) Disposal.--If any firearm is forfeited and there is no 
remission or mitigation of forfeiture thereof--
            ``(1) the Secretary may--
                    ``(A) retain the firearm for the official use of 
                the Department of the Treasury,
                    ``(B) transfer the firearm without charge to any 
                other executive department or independent establishment 
                of the United States for its official use, or
                    ``(C) sell the firearm to any State, any possession 
                of the United States, or any political subdivision of 
                the foregoing for its official use,
            ``(2) in the case of a firearm which is not a machine gun 
        and is not a firearm forfeited for a violation of this chapter, 
        the Secretary may sell such firearm, after public notice, at 
        public sale to a dealer licensed under chapter 44 of title 18, 
        United States Code if, in the opinion of the Secretary--
                    ``(A) such firearm is not so defective that its 
                disposition pursuant to this paragraph would create an 
                unreasonable risk of a malfunction likely to result in 
                death or bodily injury, and
                    ``(B) such firearm derives a substantial part of 
                its monetary value because it is novel or rare or 
                because it is associated with some historical figure, 
                period, or event, and
            ``(3) the Secretary may transfer the firearm to the 
        Administrator of General Services, General Services 
        Administration, who shall destroy or provide for the 
        destruction of such firearm.
No decision or action of the Secretary pursuant to this subsection 
shall be subject to judicial review.''.

SEC. 415. ELIMINATION OF OUTMODED LANGUAGE RELATING TO PAROLE.

    Section 924 of title 18, United States Code, is amended--
            (1) in subsection (c)(1), by striking ``No person sentenced 
        under this subsection shall be eligible for parole during the 
        term of imprisonment imposed herein.''; and
            (2) in subsection (e)(1), by striking ``, and such person 
        shall not be eligible for parole with respect to the sentence 
        imposed under this subsection''.

SEC. 416. POSSESSION OF STOLEN FIREARMS.

    Section 922(j) of title 18, United States Code, is amended by 
inserting ``possess,'' before ``receive,''.

SEC. 417. ENHANCED PENALTIES FOR USE OF A FIREARM DURING COUNTERFEITING 
              OR FORGERY.

    Section 924(c)(1) of title 18, United States Code, is amended by 
inserting ``or during and in relation to any felony punishable under 
chapter 25 (relating to counterfeiting and forgery),'' after ``United 
States,''.

SEC. 418. MANDATORY PENALTY FOR FIREARMS POSSESSION BY VIOLENT FELONS 
              AND SERIOUS DRUG OFFENDERS.

    Section 924(a)(2) of title 18, United States Code, is amended by 
inserting ``, and if the violation is of section 922(g)(1) by a person 
who has a previous conviction for a violent felony (as defined in 
subsection (e)(2)(B) of this section) or a serious drug offense (as 
defined in subsection (e)(2)(A) of this section), a sentence imposed 
under this paragraph shall include a term of imprisonment of not less 
than five years'' before the period.

SEC. 419. REPORTING OF MULTIPLE FIREARMS SALES.

    Section 923(g)(3) of title 18, United States Code, is amended--
            (1) by striking ``five'' and inserting ``thirty''; and
            (2) by adding at the end the following: ``Each licensee 
        shall forward a copy of the report to the chief law enforcement 
        officer of the place of residence of the unlicensed person not 
        later than the close of business on the date that the multiple 
        sale or disposition occurs.''.

SEC. 420. POSSESSION OF STOLEN FIREARMS AND EXPLOSIVES.

    (a) Firearms.--Section 922(j) of title 18, United States Code, is 
amended by inserting ``possess,'' before ``conceal''.
    (b) Explosives.--Section 842(h) of title 18, United States Code, is 
amended by inserting ``possess,'' before ``conceal''.

SEC. 421. RECEIPT OF FIREARMS BY NONRESIDENT.

    Section 922(a) of title 18, United States Code, is amended--
            (1) in paragraph (7), by striking ``and'' at the end;
            (2) in paragraph (8), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(9) for any person (other than a person licensed under 
        section 923) who does not reside in any State to receive a 
        firearm.''.

SEC. 422. FIREARMS AND EXPLOSIVES CONSPIRACY.

    (a) Firearms.--Section 924 of title 18, United States Code, as 
amended by sections 406 and 407(a) of this Act, is amended by adding at 
the end the following:
    ``(j) Whoever conspires to commit any offense under this chapter 
shall be subject to the same penalties as those prescribed for the 
offense the commission of which was the object of the conspiracy.''.
    (b) Explosives.--Section 844 of such title, as amended by section 
407(b) of this Act, is amended by adding at the end the following:
    ``(l) Whoever conspires to commit any offense under this chapter 
shall be subject to the same penalties as those prescribed for the 
offense the commission of which was the object of the conspiracy.''.

SEC. 423. THEFT OF FIREARMS OR EXPLOSIVES FROM LICENSEE.

    (a) Firearms.--Section 924 of title 18, United States Code, as 
amended by sections 406, 407(a), and 422(a) of this Act, is amended by 
adding at the end the following:
    ``(k) Whoever steals any firearm from a person licensed under 
section 923 shall be fined in accordance with this title, imprisoned 
not more than ten years, or both.''.
    (b) Explosives.--Section 844 of title 18, United States Code, as 
amended by sections 407(b) and 422(b) of this Act, is amended by adding 
at the end the following:
    ``(m) Whoever steals any explosive material from a licensed 
importer, licensed manufacturer or licensed dealer, or from any 
permittee, shall be fined in accordance with this title, imprisoned not 
more than ten years, or both.''.

SEC. 424. DISPOSITION OF EXPLOSIVES TO PROHIBITED PERSONS.

    Section 842(d) of title 18, United States Code, is amended by 
striking ``licensee'' and inserting ``person''.

             Subtitle B--Prohibited Gun Clips and Magazines

SEC. 431. FINDINGS.

    The Congress finds that--
            (1) offenses involving firearms equipped with magazines, 
        belts, drums, feed strips, and other similar devices that 
        enable such firearms to fire more than fifteen rounds without 
        reloading, and particularly drug offenses, with their attendant 
        loss of life and the generation of illegal profits, affect 
        interstate and foreign commerce; and
            (2) such devices are themselves sold in interstate and 
        foreign commerce, and are moved in commerce for the purpose of 
        use in violent crimes.

SEC. 432. CERTAIN AMMUNITION CLIPS AND MAGAZINES DEFINED AS FIREARMS.

    Section 921(a)(3) of title 18, United States Code, is amended in 
the 1st sentence--
            (1) by striking ``or (D)'' and inserting ``(D)''; and
            (2) by inserting ``; or (E) any ammunition feeding device'' 
        before the period.

SEC. 433. DEFINITION OF AMMUNITION FEEDING DEVICE.

    Section 921(a) of title 18, United States Code, as amended by 
section 401(b) of this Act, is amended by adding at the end the 
following:
            ``(30) The term `ammunition feeding device' means a 
        detachable magazine, belt, drum, feed strip, or similar device 
        which has a capacity of, or which can be readily restored or 
        converted to accept, more than 15 rounds of ammunition. The 
        term also includes any combination of parts from which such 
        device can be assembled.''.

SEC. 434. PROHIBITIONS APPLICABLE TO AMMUNITION FEEDING DEVICES.

    Section 922 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(t)(1) It shall be unlawful for any person to transfer or possess 
an ammunition feeding device.
    ``(2) Paragraph (1) shall not apply to--
            ``(A) any importation or manufacture of an ammunition 
        feeding device for sale or distribution, by a licensed importer 
        or licensed manufacturer, to the United States or any 
        department or agency thereof or to any State or any department, 
        agency, or political subdivision thereof;
            ``(B) any transfer or possession (in accordance with 
        subsections (u) and (v)) of such a device that was lawfully 
        possessed before the date of the enactment of this subsection; 
        or
            ``(C) any manufacture of an ammunition feeding device for 
        the purpose of exportation.
    ``(u) The Secretary shall maintain a central registry of all 
ammunition feeding devices transferred after the date of the enactment 
of this subsection which, after such transfer, are not in the 
possession or under the control of the United States or any department 
or agency thereof, or any State or any department, agency, or political 
subdivision thereof. This registry shall be known as the National 
Ammunition Feeding Device Registry. The registry shall include--
            ``(1) identification of the device;
            ``(2) date of registration;
            ``(3) identification and address of the person entitled to 
        possess the device; and
            ``(4) such other information as may be required by 
        regulations promulgated by the Secretary.
    ``(v) Each transferor of an ammunition feeding device that was 
lawfully possessed before the date of the enactment of this subsection 
shall (except in the case of a transfer to the United States, or any 
department or agency thereof or any State or any department, agency, or 
political subvision thereof) register the device to the transferee in 
accordance with regulations promulgated by the Secretary. Any 
information or evidence required to be provided in the course of such 
registration by a natural person shall be subject to the use-
restriction provisions of section 5848 of the Internal Revenue Code of 
1986. The transferor shall, contemporaneously with the registration of 
the device, pay a fee of $25 to the Secretary. A transferee of an 
ammunition feeding device required to be registered pursuant to this 
subsection shall retain proof of such registration which shall be made 
available to the Secretary upon request.''.

SEC. 435. IDENTIFICATION MARKINGS FOR AMMUNITION FEEDING DEVICES.

    Section 923(i) of title 18, United States Code, is amended by 
adding at the end the following: ``An ammunition feeding device shall 
be identified by a serial number and such other identification as the 
Secretary may by regulations prescribe.''.

SEC. 436. CRIMINAL PENALTIES.

    Section 924(a)(2) of title 18, United States Code, is amended by 
striking ``or (o)'' and inserting ``(o), or (t)''.

SEC. 437. NONINTERRUPTION OF BUSINESS FOR PERSONS IN THE BUSINESS OF 
              IMPORTING OR MANUFACTURING AMMUNITION FEEDING DEVICES.

    Any person who, as of the date of the enactment of this Act, is 
engaged in the business of manufacturing or importing ammunition 
feeding devices (as defined in section 921(a)(30) of title 18, United 
States Code), who (but for this section) would be prohibited from 
continuing such business without becoming a licensed manufacturer or 
licensed importer, as the case may be, under chapter 44 of such title, 
and who, within 30 days after such date, applies for such a license, 
may continue to engage in such business pending final action on the 
application. Chapter 44 of title 18, United States Code, shall apply to 
any such applicant, during the pendency of the application, in the same 
manner and to the same extent as if the applicant were a holder of a 
license under chapter 44.

                    TITLE V--OBSTRUCTION OF JUSTICE

SEC. 501. PROTECTION OF COURT OFFICERS AND JURORS.

    Section 1503 of title 18, United States Code, is amended--
            (1) by designating the current text as subsection (a);
            (2) by striking ``fined not more than $5,000 or imprisoned 
        not more than five years, or both.'' and inserting ``punished 
        as provided in subsection (b).'';
            (3) by adding at the end the following:
    ``(b) The punishment for an offense under this section is--
            ``(1) in the case of a killing, the punishment provided in 
        sections 1111 and 1112 of this title;
            ``(2) in the case of an attempted killing, or a case in 
        which the offense was committed against a petit juror and in 
        which a class A or B felony was charged, imprisonment for not 
        more than twenty years; and
            ``(3) in any other case, imprisonment for not more than ten 
        years.''; and
            ``(4) in subsection (a), as designated by this section, by 
        striking ``commissioner'' each place it appears and inserting 
        thereof ``magistrate judge''.

SEC. 502. PROHIBITION OF RETALIATORY KILLINGS OF WITNESSES, VICTIMS AND 
              INFORMANTS.

    Section 1513 of title 18, United States Code, is amended--
            (1) by redesignating subsections (a) and (b) as subsections 
        (b) and (c), respectively; and
            (2) by inserting a new subsection (a) as follows:
    ``(a)(1) Whoever kills or attempts to kill another person with 
intent to retaliate against any person for--
            ``(A) the attendance of a witness or party at an official 
        proceeding, or any testimony given or any record, document, or 
        other object produced by a witness in an official proceeding; 
        or
            ``(B) any information relating to the commission or 
        possible commission of a Federal offense or a violation of 
        conditions of probation, parole or release pending judicial 
        proceedings given by a person to a law enforcement officer; 
        shall be punished as provided in paragraph (2).
    ``(2) The punishment for an offense under this subsection is--
            ``(A) in the case of a killing, the punishment provided in 
        sections 1111 and 1112 of this title; and
            ``(B) in the case of an attempt, imprisonment for not more 
        than twenty years.''.

SEC. 503. PROTECTION OF STATE OR LOCAL LAW ENFORCEMENT OFFICERS 
              PROVIDING ASSISTANCE TO FEDERAL LAW ENFORCEMENT OFFICERS.

    Section 1114 of title 18, United States Code, is amended by 
inserting ``, or any State or local law enforcement officer while 
assisting, or on account of his or her assistance of, any Federal 
officer or employee covered by this section in the performance of 
duties,'' before ``shall be punished''.

                 TITLE VI--GANGS AND JUVENILE OFFENDERS

SEC. 601. AMENDMENTS CONCERNING RECORDS OF CRIMES COMMITTED BY 
              JUVENILES.

    (a) Section 5038 of title 18, United States Code, is amended--
            (1) by striking subsections (d) and (f);
            (2) redesignating subsection (e) as subsection (d), and
            (3) adding at the end the following:
    ``(e) Whenever a juvenile has been found guilty of committing an 
act which if committed by an adult would be an offense described in 
clause (3) of the first paragraph of section 5032 of this title, the 
juvenile shall be fingerprinted and photographed, and the fingerprints 
and photograph shall be sent to the Federal Bureau of Investigation, 
Identification Division. The court shall also transmit to the Federal 
Bureau of Investigation, Identification Division, the information 
concerning the adjudication, including name, date of adjudication, 
court, offenses, and sentence, along with the notation that the matter 
was a juvenile adjudication. The fingerprints, photograph, and other 
records and information relating to a juvenile described in this 
subsection, or to a juvenile who is prosecuted as an adult, shall be 
made available in the manner applicable to adult defendants.
    ``(f) In addition to any other authorization under this section for 
the reporting, retention, disclosure or availability of records or 
information, if the law of the State in which a Federal juvenile 
delinquency proceeding takes place permits or requires the reporting, 
retention, disclosure or availability of records or information 
relating to a juvenile or to a juvenile delinquency proceeding or 
adjudication in certain circumstances, then such reporting, retention, 
disclosure or availability is permitted under this section whenever the 
same circumstances exist.''.
    (b) Section 3607 of title 18, United States Code, is repealed, and 
the corresponding reference in the table of sections at the beginning 
of chapter 229 of title 18 is deleted.
    (c) Section 401(b)(4) of the Controlled Substances Act (21 U.S.C. 
841(b)(4)) is amended by striking ``and section 3607 of title 18''.

SEC. 602. ADULT PROSECUTION OF SERIOUS JUVENILE OFFENDERS.

    Section 5032 of title 18, United States Code, is amended--
            (1) in the first undesignated paragraph--
                    (A) by striking ``an offense described in section 
                401 of the Controlled Substances Act (21 U.S.C. 841), 
                or section 1002(a), 1003, 1005, 1009, or 1010(b) (1), 
                (2), or (3) of the Controlled Substances Import and 
                Export Act (21 U.S.C. 952(a), 953, 955, 959, 960(b) 
                (1), (2), (3)),'' and inserting ``an offense (or a 
                conspiracy or attempt to commit an offense) described 
                in section 401, or 404 (insofar as the violation 
                involves more than 5 grams of a mixture or substance 
                which contains cocaine base), of the Controlled 
                Substances Act (21 U.S.C. 841, 844, or 846), section 
                1002(a), 1003, 1005, 1009, 1010(b) (1), (2), or (3), of 
                the Controlled Substances Import and Export Act (21 
                U.S.C. 952(a), 953, 955, 959, 960(b) (1), (2), or (3), 
                or 963),''; and
                    (B) by striking ``922(p)'' and inserting in lieu 
                thereof ``924 (b), (g), or (h)'';
            (2) in the fourth undesignated paragraph--
                    (A) by striking ``an offense described in section 
                401 of the Controlled Substances Act (21 U.S.C. 841), 
                or section 1002(a), 1005, or 1009 of the Controlled 
                Substances Import and Export Act (21 U.S.C. 952(a), 
                955, 959)'' and inserting ``an offense (or a conspiracy 
                or attempt to commit an offense) described in section 
                401, or 404 (insofar as the violation involves more 
                than 5 grams of a mixture or substance which contains 
                cocaine base), of the Controlled Substances Act (21 
                U.S.C. 841, 844 or 846), section 1002(a), 1005, 1009, 
                1010(b) (1), (2), or (3), of the Controlled Substances 
                Import and Export Act (21 U.S.C. 952(a), 955, 959, 
                960(b) (1), (2), or (3), or 963), or section 924(b), 
                (g), or (h) of this title,''; and
                    (B) by striking ``subsection (b)(1) (A), (B), or 
                (C), (d), or (e) of section 401 of the Controlled 
                Substances Act, or section 1002(a), 1003, 1009, or 
                1010(b) (1), (2), or (3) of the Controlled Substances 
                Import and Export Act (21 U.S.C. 952(a), 953, 959, 
                960(b) (1), (2), (3))'' and inserting ``or an offense 
                (or conspiracy or attempt to commit an offense) 
                described in section 401(b)(1) (A), (B), or (C), (d), 
                or (e), or 404 (insofar as the violation involves more 
                than 5 grams of a mixture or substance which contains 
                cocaine base), of the Controlled Substances Act (21 
                U.S.C. 841(b)(1) (A), (B), or (C), (d), or (e), 844 or 
                846) or section 1002(a), 1003, 1009, 1010(b) (1), (2), 
                or (3) of the Controlled Substances Import and Export 
                Act (21 U.S.C. 952(a), 953, 959, 960(b)(1), (2), or 
                (3), or 963)''; and
            (3) in the fifth undesignated paragraph by adding at the 
        end the following: ``In considering the nature of the offense, 
        as required by this paragraph, the court shall consider the 
        extent to which the juvenile played a leadership role in an 
        organization, or otherwise influenced other persons to take 
        part in criminal activities, involving the use or distribution 
        of controlled substances or firearms. Such factor, if found to 
        exist, shall weigh heavily in favor of a transfer to adult 
        status, but the absence of this factor shall not preclude such 
        a transfer.''.

SEC. 603. SERIOUS DRUG OFFENSES BY JUVENILES AS ARMED CAREER CRIMINAL 
              ACT PREDICATES.

    Section 924(e)(2)(A) of title 18, United States Code, is amended--
            (1) by striking ``or'' at the end of clause (i);
            (2) by striking ``or'' at the end of clause (ii) and 
        inserting ``and''; and
            (3) by adding at the end the following:
                            ``(iii) any act of juvenile delinquency 
                        that if committed by an adult would be an 
                        offense described in clause (i) or (ii); and''.

SEC. 604. INCREASED PENALTY FOR TRAVEL ACT CRIMES INVOLVING VIOLENCE.

    Section 1952(a) of title 18, United States Code, is amended by 
striking ``and thereafter performs or attempts to perform any of the 
acts specified in subparagraphs (1), (2), and (3), shall be fined not 
more than $10,000 or imprisoned for not more than five years, or both'' 
and inserting ``and thereafter performs or attempts to perform (A) any 
of the acts specified in subparagraphs (1) and (3) shall be fined under 
this title or imprisoned for not more than five years, or both, or (B) 
any of the acts specified in subparagraph (2) shall be fined under this 
title or imprisoned for not more than twenty years, or both, and if 
death results shall be imprisoned for any term of years or for life''.

SEC. 605. INCREASED PENALTY FOR CONSPIRACY TO COMMIT MURDER FOR HIRE.

    Section 1958(a) of title 18, United States Code, is amended by 
inserting ``or who conspires to do so'' before ``shall be fined'' the 
first place it appears.

                          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.

    (a) Offense.--Chapter 2 of title 18, United States Code, is amended 
by adding at the end thereof the following new section:
``Sec. 36. Violence at international airports
    ``(a) Whoever in a circumstance described in subsection (b) of this 
section unlawfully and intentionally, using any device, substance or 
weapon,--
            ``(1) performs an act of violence against a person at an 
        airport serving international civil aviation which causes or is 
        likely to cause serious injury or death; or
            ``(2) destroys or seriously damages the facilities of an 
        airport serving international civil aviation or a civil 
        aircraft not in service located thereon or disrupts the 
        services of the airport;
if such an act endangers or is likely to endanger safety at that 
airport, or attempts to do such an act, shall be fined under this title 
or imprisoned not more than twenty years, or both; and if the death of 
any person results from conduct prohibited by this subsection, shall be 
punished by death or imprisoned for any term of years or for life.
    ``(b) The circumstances referred to in subsection (a) are that--
            ``(1) the prohibited activity takes place in the United 
        States; or
            ``(2) the prohibited activity takes place outside of the 
        United States and the offender is later found in the United 
        States.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 2 of title 18, United States Code, is amended by adding at the 
end the following:

``36. Violence at international airports.''.
    (c) Effective Date.--This section shall take effect on the later 
of--
            (1) the date of the enactment of this subtitle; or
            (2) the date the Protocol for the Suppression of Unlawful 
        Acts of Violence at Airports Serving International Civil 
        Aviation, Supplementary to the Convention for the Suppression 
        of Unlawful Acts against the Safety of Civil Aviation, done at 
        Montreal on 23 September 1971, has come into force and the 
        United States has become a party to the Protocol.

SEC. 702. AMENDMENT TO FEDERAL AVIATION ACT.

    Section 902(n) of the Federal Aviation Act of 1958 (49 U.S.C. App. 
1472(n)) is amended by--
            (1) striking out paragraph (3); and
            (2) renumbering paragraph (4) as paragraph (3).

                     Subtitle B--Maritime Terrorism

SEC. 711. SHORT TITLE FOR SUBTITLE B.

    This subtitle may be cited as the ``Act for the Prevention and 
Punishment of Violence Against Maritime Navigation and Fixed 
Platforms''.

SEC. 712. FINDINGS.

    The Congress finds that--
            (1) the Convention for the Suppression of Unlawful Acts 
        Against the Safety of Maritime Navigation requires each 
        contracting State to establish its jurisdiction over certain 
        offenses affecting the safety of maritime navigation;
            (2) the Protocol for the Suppression of Unlawful Acts 
        Against the Safety of Fixed Platforms Located on the 
        Continental Shelf, which accompanies the aforementioned 
        Convention, requires that each contracting State to the 
        Protocol establish its jurisdiction over certain offenses 
        affecting the safety of fixed platforms;
            (3) such offenses place innocent lives and property in 
        jeopardy, endanger national security, affect domestic 
        tranquility, gravely affect interstate and foreign commerce, 
        and are offenses against the law of nations;
            (4) on December 27, 1988, the President of the United 
        States issued Proclamation 5928 proclaiming that the 
        territorial sea of the United States henceforth extended to 12 
        nautical miles from the baselines of the United States 
        determined in accordance with international law; and
            (5) on November 5, 1989, the Senate gave its advice and 
        consent to ratification of the Convention and its Protocol.

SEC. 713. STATEMENT OF PURPOSE.

    The purpose of this Act is to--
            (1) implement fully the Convention for the Suppression of 
        Unlawful Acts Against the Safety of Maritime Navigation and the 
        Protocol for the Suppression of Unlawful Acts Against the 
        Safety of Fixed Platforms Located on the Continental Shelf;
            (2) clarify Federal criminal jurisdiction over the 
        territorial sea of the United States; and
            (3) establish Federal criminal jurisdiction over certain 
        acts committed by or against a national of the United States 
        while upon a foreign vessel during a voyage having a scheduled 
        departure from or arrival in the United States.

SEC. 714. OFFENSES OF VIOLENCE AGAINST MARITIME NAVIGATION OR FIXED 
              PLATFORMS.

    Chapter 111 of title 18, United States Code, is amended by adding 
at the end thereof the following new sections:
``Sec. 2280. Violence against maritime navigation
    ``(a) Whoever, in a circumstance described in subsection (c) of 
this section, unlawfully and intentionally--
            ``(1) seizes or exercises control over a ship by force or 
        threat thereof or any other form of intimidation;
            ``(2) performs an act of violence against a person on board 
        a ship if that act is likely to endanger the safe navigation of 
        that ship;
            ``(3) destroys a ship or causes damage to a ship or to its 
        cargo which is likely to endanger the safe navigation of that 
        ship;
            ``(4) places or causes to be placed on a ship, by any means 
        whatsoever, a device or substance which is likely to destroy 
        that ship, or cause damage to that ship or its cargo which 
        endangers or is likely to endanger the safe navigation of that 
        ship;
            ``(5) destroys or seriously damages maritime navigational 
        facilities or seriously interferes with their operation, if 
        such act is likely to endanger the safe navigation of a ship;
            ``(6) communicates information, knowing the information to 
        be false and under circumstances in which such information may 
        reasonably be believed, thereby endangering the safe navigation 
        of a ship;
            ``(7) injures or kills any person in connection with the 
        commission or the attempted commission of any of the offenses 
        set forth in paragraphs (1) to (6); or
            ``(8) attempts to do any act prohibited under paragraphs 
        (1)-(7);
shall be fined under this title or imprisoned not more than twenty 
years, or both; and if the death of any person results from conduct 
prohibited by this subsection, shall be punished by death or imprisoned 
for any term of years or for life.
    ``(b) Whoever threatens to do any act prohibited under paragraphs 
(2), (3) or (5) of subsection (a), with apparent determination and will 
to carry the threat into execution, if the threatened act is likely to 
endanger the safe navigation of the ship in question, shall be fined 
under this title or imprisoned not more than five years, or both.
    ``(c) The circumstances referred to in subsection (a) of this 
section are--
            ``(1) in the case of a covered ship, if--
                    ``(A) such activity is committed--
                            ``(i) against or on board a ship flying the 
                        flag of the United States at the time the 
                        prohibited activity is committed;
                            ``(ii) in the United States; or
                            ``(iii) by a national of the United States 
                        or by a stateless person whose habitual 
                        residence is in the United States;
                    ``(B) during the commission of such activity, a 
                national of the United States is seized, threatened, 
                injured or killed; or
                    ``(C) the offender is later found in the United 
                States after such activity is committed;
            ``(2) in the case of a ship navigating or scheduled to 
        navigate solely within the territorial sea or internal waters 
        of a country other than the United States, if the offender is 
        later found in the United States after such activity is 
        committed; and
            ``(3) in the case of any vessel, if such activity is 
        committed in an attempt to compel the United States to do or 
        abstain from doing any act.
    ``(d) The master of a covered ship flying the flag of the United 
States who has reasonable grounds to believe that there is on board 
that master's ship any person who has committed an offense under 
Article 3 of the Convention for the Suppression of Unlawful Acts 
Against the Safety of Maritime Navigation may deliver such person to 
the authorities of a State Party to that Convention. Before delivering 
such person to the authorities of another country, the master shall 
notify in an appropriate manner the Attorney General of the United 
States of the alleged offense and await instructions from the Attorney 
General as to what action he should take. When delivering the person to 
a country which is a State Party to the Convention, the master shall, 
whenever practicable, and if possible before entering the territorial 
sea of such country, notify the authorities of such country of his 
intention to deliver such person and the reason therefor. If the master 
delivers such person, the master shall furnish the authorities of such 
country with the evidence in the master's possession that pertains to 
the alleged offense.
    ``(e) As used in this section--
            ``(1) the term `ship' means a vessel of any type whatsoever 
        not permanently attached to the sea-bed, including dynamically 
        supported craft, submersibles or any other floating craft, but 
        such term does not include a warship, a ship owned or operated 
        by a government when being used as a naval auxiliary or for 
        customs or police purposes, or a ship which has been withdrawn 
        from navigation or laid up;
            ``(2) the term `covered ship' means a ship that is 
        navigating or is scheduled to navigate into, through or from 
        waters beyond the outer limit of the territorial sea of a 
        single country or a lateral limit of that country's territorial 
        sea with an adjacent country;
            ``(3) the term `national of the United States' has the 
        meaning given such term in section 101(a)(22) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(22));
            ``(4) the term `territorial sea of the United States' means 
        all waters extending seaward to 12 nautical miles from the 
        baselines of the United States determined in accordance with 
        international law; and
            ``(5) the term `United States', when used in a geographical 
        sense, includes the Commonwealth of Puerto Rico, the 
        Commonwealth of the Northern Mariana Islands and all 
        territories and possessions of the United States.
``Sec. 2281. Violence against maritime fixed platforms
    ``(a) Whoever, in a circumstance described in subsection (c) of 
this section, unlawfully and intentionally--
            ``(1) seizes or exercises control over a fixed platform by 
        force or threat thereof or any other form of intimidation;
            ``(2) performs an act of violence against a person on board 
        a fixed platform if that act is likely to endanger its safety;
            ``(3) destroys a fixed platform or causes damage to it 
        which is likely to endanger its safety;
            ``(4) places or causes to be placed on a fixed platform, by 
        any means whatsoever, a device or substance which is likely to 
        destroy that fixed platform or likely to endanger its safety;
            ``(5) injures or kills any person in connection with the 
        commission or the attempted commission of any of the offenses 
        set forth in paragraphs (1) to (4); or
            ``(6) attempts to do anything prohibited under paragraphs 
        (1)-(5);
shall be fined under this title or imprisoned not more than twenty 
years, or both; and if death results to any person from conduct 
prohibited by this subsection, shall be punished by death or imprisoned 
for any term of years or for life.
    ``(b) Whoever threatens to do anything prohibited under paragraphs 
(2) or (3) of subsection (a), with apparent determination and will to 
carry the threat into execution, if the threatened act is likely to 
endanger the safety of the fixed platform, shall be fined under this 
title or imprisoned not more than five years, or both.
    ``(c) The circumstances referred to in subsection (a) of this 
section are if--
            ``(1) such activity is committed against or on board a 
        fixed platform--
                    ``(A) that is located on the continental shelf of 
                the United States;
                    ``(B) that is located on the continental shelf of 
                another country, by a national of the United States or 
                by a stateless person whose habitual residence is in 
                the United States; or
                    ``(C) in an attempt to compel the United States to 
                do or abstain from doing any act;
            ``(2) during the commission of such activity against or on 
        board a fixed platform located on a continental shelf, a 
        national of the United States is seized, threatened, injured or 
        killed; or
            ``(3) such activity is committed against or on board a 
        fixed platform located outside the United States and beyond the 
        continental shelf of the United States and the offender is 
        later found in the United States.
    ``(d) As used in this section--
            ``(1) the term `continental shelf' means the sea-bed and 
        subsoil of the submarine areas that extend beyond a country's 
        territorial sea to the limits provided by customary 
        international law as reflected in Article 76 of the 1982 
        Convention on the Law of the Sea;
            ``(2) the term `fixed platform' means an artificial island, 
        installation or structure permanently attached to the sea-bed 
        for the purpose of exploration or exploitation of resources or 
        for other economic purposes;
            ``(3) the term `national of the United States' has the 
        meaning given such term in section 101(a)(22) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(22));
            ``(4) the term `territorial sea of the United States' means 
        all waters extending seaward to 12 nautical miles from the 
        baselines of the United States determined in accordance with 
        international law; and
            ``(5) the term `United States', when used in a geographical 
        sense, includes the Commonwealth of Puerto Rico, the 
        Commonwealth of the Northern Mariana Islands and all 
        territories and possessions of the United States.''.

SEC. 715. CLERICAL AMENDMENTS.

    The table of sections at the beginning of chapter 111 of title 18, 
United States Code, is amended by adding at the end the following:

``2280. Violence against maritime navigation.
``2281. Violence against maritime fixed platforms.''.

SEC. 716. EFFECTIVE DATES.

    Section 714 of this Act shall take effect on the later of--
            (1) the date of the enactment of this Act; or
            (2)(A) in the case of section 2280 of title 18, United 
        States Code, the date the Convention for the Suppression of 
        Unlawful Acts Against the Safety of Maritime Navigation has 
        come into force and the United States has become a party to 
        that Convention; and
            (B) in the case of section 2281 of title 18, United States 
        Code, the date the Protocol for the Suppression of Unlawful 
        Acts Against the Safety of Fixed Platforms Located on the 
        Continental Shelf has come into force and the United States has 
        become a party to that Protocol.

SEC. 717. TERRITORIAL SEA EXTENDING TO TWELVE MILES INCLUDED IN SPECIAL 
              MARITIME AND TERRITORIAL JURISDICTION.

    The Congress hereby declares that all the territorial sea of the 
United States, as defined by Presidential Proclamation 5928 of December 
27, 1988, is part of the United States, subject to its sovereignty, 
and, for purposes of Federal criminal jurisdiction, is within the 
special maritime and territorial jurisdiction of the United States 
wherever that term is used in title 18, United States Code.

SEC. 718. ASSIMILATED CRIMES IN EXTENDED TERRITORIAL SEA.

    Section 13 of title 18, United States Code (relating to the 
adoption of State laws for areas within Federal jurisdiction), is 
amended by inserting after ``title'' in subsection (a) the phrase ``or 
on, above, or below any portion of the territorial sea of the United 
States not within the territory of any State, Territory, Possession, or 
District'', and by inserting the following new subsection (c) at the 
end thereof:
    ``(c) Whenever any waters of the territorial sea of the United 
States lie outside the territory of any State, Territory, Possession, 
or District, such waters (including the airspace above and the seabed 
and subsoil below, and artificial islands and fixed structures erected 
thereon) shall be deemed for purposes of subsection (a) to lie within 
the area of that State, Territory, Possession, or District it would lie 
within if the boundaries of such State, Territory, Possession, or 
District were extended seaward to the outer limit of the territorial 
sea of the United States.''.

SEC. 719. JURISDICTION OVER CRIMES AGAINST UNITED STATES NATIONALS ON 
              CERTAIN FOREIGN SHIPS.

    Section 7 of title 18, United States Code (relating to the special 
maritime and territorial jurisdiction of the United States), is amended 
by inserting at the end thereof the following new paragraph:
    ``(8) Any foreign vessel during a voyage having a scheduled 
departure from or arrival in the United States with respect to an 
offense committed by or against a national of the United States.''.

                  Subtitle C--Terrorist Alien Removal

SEC. 721. SHORT TITLE FOR SUBTITLE C.

    This subtitle may be cited as the ``Terrorist Alien Removal Act of 
1993''.

SEC. 722. FINDINGS.

    The Congress finds the following:
            (1) Terrorist groups have been able to create significant 
        infrastructures and cells in the United States among persons 
        who are in the United States either temporarily, as students or 
        in other capacities, or as permanent resident aliens.
            (2) International terrorist groups that sponsor these 
        infrastructures were responsible for--
                    (A) conspiring to bomb the Turkish Honorary 
                Consulate in Philadelphia, Pennsylvania in 1982;
                    (B) bombing of a Pan Am airline flight enroute to 
                Honolulu in 1982;
                    (C) hijacking of a Royal Jordanian airliner in 
                Beirut, Lebanon with two United States nationals on 
                board in 1985;
                    (D) hijacking TWA Flight 847 during which a United 
                States Navy diver was murdered in 1985;
                    (E) hijacking Egypt Air Flight 648 during which 
                three Americans were killed in 1985;
                    (F) murder of four members of the United States 
                Marine Corps in El Salvador in 1985;
                    (G) murdering an American citizen aboard the 
                Achille Lauro cruise liner in 1985;
                    (H) hijacking Pan Am Flight 73 in Karachi, 
                Pakistan, in which 44 Americans were held hostage and 
                two were killed in 1986;
                    (I) conspiring to bomb an Air India aircraft in New 
                York City in 1986;
                    (J) attempting to bomb the Air Canada cargo 
                facility at the Los Angeles International Airport in 
                1986;
                    (K) murder of the United States Naval attache in 
                Athens, Greece, in 1988;
                    (L) terrorist attack on the Greek cruise ship 
                ``City of Poros'' in 1988;
                    (M) bombing of Pan Am flight 103 resulting in 279 
                deaths in 1988;
                    (N) murder of United States Marine Corps officers 
                assigned to the United Nations Truce Supervisory 
                Organization in Lebanon, in 1989;
                    (O) murder of United States Army officer in Manila 
                in 1984; and
                    (P) numerous bombings and murders in Northern 
                Ireland over the past decade.
            (3) Certain governments and organizations have directed 
        their assets in the United States to take measures in 
        preparation for the commission of terrorist acts in this 
        country.
            (4) Present immigration laws have not been used to any 
        significant degree by law enforcement officials to deport alien 
        terrorists because compliance with these laws with respect to 
        such aliens would compromise classified intelligence sources 
        and information. Moreover, appellate procedures routinely 
        afforded aliens following a deportation hearing frequently 
        extend over several years resulting in an inability to effect 
        the expeditious removal of aliens engaging in terrorist 
        activity.
            (5) Present immigration laws are inadequate to protect the 
        national security of the United States from terrorist attacks 
        by certain aliens. Therefore, new procedures are needed to 
        remove alien terrorists from the United States and thus reduce 
        the threat that such aliens pose to the national security and 
        other vital interests of the United States.

SEC. 723. TERRORIST ACTIVITIES DEFINED.

    For purposes of this Act, the terms, ``terrorist activity'' and 
``engage in terrorist activity shall be defined as provided in section 
601(a) of Public Law 101-649.

SEC. 724. PROCEDURES FOR REMOVAL OF ALIEN TERRORISTS.

    The Immigration and Nationality Act is amended--
            (1) by adding at the end of the table of contents 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
            (2) by adding at the end the following new title:

                 ``TITLE V--REMOVAL OF ALIEN TERRORISTS

                            ``applicability

    ``Sec. 501. (a) The provisions of this title may be followed in the 
discretion of the Department of Justice whenever the Department of 
Justice has information that an alien described in paragraph 4(B) of 
section 241(a), as amended, is subject to deportation because of such 
section.
    ``(b) Whenever an official of the Department of Justice files, 
under section 502, an application with the court established under 
section 503 for authorization to seek removal pursuant to the provision 
of this title, the alien's rights regarding removal and expulsion shall 
be governed solely by the provisions of this title. Except as they are 
specifically referenced, no other provisions of the Immigration and 
Nationality Act shall be applicable. An alien subject to removal under 
these provisions shall have no right of discovery of information 
derived from electronic surveillance authorized under the Foreign 
Intelligence Surveillance Act or otherwise for national security 
purposes, nor shall such alien have the right to seek suppression of 
evidence derived in this manner. Further, the government is authorized 
to use, in the removal proceedings, the fruits of electronic 
surveillance authorized under the Foreign Intelligence Surveillance Act 
without regard to subsections 106 (c), (e), (f), (g), and (h) of the 
Act.
    ``(c) This title is enacted in response to findings of Congress 
that aliens described in paragraph 4(b) of section 241(a), as amended, 
represent a unique threat to the security of the United States. It is 
the intention of Congress that such aliens be promptly removed from the 
United States following--
            ``(1) a judicial determination of probable cause to believe 
        that such person is such an alien; and
            ``(2) a judicial determination pursuant to the provisions 
        of this title that an alien is removable on the grounds that he 
        is an alien described in paragraph 4(B) of section 241(a), as 
        amended;
and that such aliens not be given a deportation hearing and are 
ineligible for any discretionary relief from deportation and for relief 
under section 243(h).

                       ``special removal hearing

    ``Sec. 502. (a) Whenever removal of an alien is sought pursuant to 
the provisions of this title, a written application upon oath or 
affirmation shall be submitted in camera and ex parte to the court 
established under section 503 for an order authorizing such a 
procedure. Each application shall require the approval of the Attorney 
General or the Deputy Attorney General based upon his finding that it 
satisfies the criteria and requirement of such application as set forth 
in this title. Each application shall include--
            ``(1) the identity of the Department of Justice attorney 
        making the application;
            ``(2) the approval of the Attorney General or the Deputy 
        Attorney General for the making of the application;
            ``(3) the identity of the alien for whom authorization for 
        the special removal procedure is sought; and
            ``(4) a statement of the facts and circumstances relied on 
        by the Department of Justice to establish that--
                    ``(A) an alien as described in paragraph 4(B) of 
                section 2411(a), as amended, is physically present in 
                the United States; and
                    ``(B) with respect to such alien, adherence to the 
                provisions of title II regarding the deportation of 
                aliens would pose a risk to the national security of 
                the United States, adversely affect foreign relations, 
                reveal an investigative technique important to 
                efficient law enforcement, or disclose a confidential 
                source of information.
    ``(b) The application shall be filed under seal with the court 
established under section 503. The Attorney General may take into 
custody any alien with respect to whom such an application has been 
filed and, notwithstanding any other provision of law, may retain such 
an alien in custody in accordance with the procedures authorized by 
this title.
    ``(c) In accordance with the rules of the court established under 
section 503, the judge shall consider the application and may consider 
other information presented under oath or affirmation at an in camera 
and ex parte hearing on the application. A verbatim record shall be 
maintained of such a hearing. The application and any other evidence 
shall be considered by a single judge of that court who shall enter an 
ex parte order as required if he finds, on the basis of the facts 
submitted in the application and any other information provided by the 
Department of Justice at the in camera and ex parte hearing, there is 
probable cause to believe that--
            ``(1) the alien who is the subject of the application has 
        been correctly identified and is an alien as described in 
        paragraph 4(B) of section 241(a), as amended; and
            ``(2) adherence to the provisions of title II regarding the 
        deportation of the identified alien would pose a risk to the 
        national security of the United States, adversely affect 
        foreign relations, reveal an investigative technique important 
        to efficient law enforcement, or disclose a confidential source 
        of information.
    ``(d)(1) In any case in which the application for the order is 
denied, the judge shall prepare a written statement of his reasons for 
the denial and the Department of Justice may seek a review of the 
denial by the court of appeals for the Federal Circuit by notice of 
appeal which must be filed within 20 days. In such a case the entire 
record of the proceeding shall be transmitted to the court of appeals 
under seal and the Court of Appeals shall hear the matter ex parte.
    ``(2) If the Department of Justice does not seek review, the alien 
shall be released from custody, unless such alien may be arrested and 
taken into custody pursuant to title II as an alien subject to 
deportation, in which case such alien shall be treated in accordance 
with the provisions of this Act concerning the deportation of aliens.
    ``(3) If the application for the order is denied because the judge 
has not found probable cause to believe that the alien who is the 
subject of the application has been correctly identified or is an alien 
as described in paragraph 4(B) of section 241(a), as amended, and the 
Department of Justice seeks review, the alien shall be released from 
custody unless such alien may be arrested and taken into custody 
pursuant to title II as an alien subject to deportation, in which case 
such alien shall be treated in accordance with the provisions of this 
Act concerning the deportation of aliens simultaneously with the 
application of this title.
    ``(4) If the application for the order is denied because, although 
the judge found probable cause to believe that the alien who is the 
subject of the application has been correctly identified and is an 
alien as described in paragraph 4(B) of section 241(a), as amended, the 
judge has found that there is not probable cause to believe that 
adherence to the provisions of title II regarding the deportation of 
the identified alien would pose a risk to the national security of the 
United States, adversely affect foreign relations, reveal an 
investigative technique important to efficient law enforcement, or 
disclose a confidential source of information, the judge shall release 
the alien from custody subject to the least restrictive condition or 
combination of conditions of release described in section 3142(b) and 
(c)(1)(B)(i) through (xiv) of title 18, United States Code, that will 
reasonably assure the appearance of the alien at any future proceeding 
pursuant to this title and will not endanger the safety of any other 
person or the community; but if the judge finds no such condition or 
combination of conditions the alien shall remain in custody until the 
completion of any appeal authorized by this title. The provisions of 
sections 3145 through 3148 of title 18, United States Code, pertaining 
to review and appeal of a release or detention order, penalties for 
failure to appear, penalties for an offense committed while on release, 
and sanctions for violation of a release condition shall apply to an 
alien to whom the previous sentence applies and--
            ``(A) for purposes of section 3145 of such title an appeal 
        shall be taken to the Court of Appeals for the Federal Circuit; 
        and
            ``(B) for purposes of section 3146 of such title the alien 
        shall be considered released in connection with a charge of an 
        offense punishable by life imprisonment.
    ``(e)(1) In any case in which the application for the order 
authorizing the special procedures of this title is approved, the judge 
who granted the order shall consider separately each item of evidence 
the Department of Justice proposes to introduce in camera and ex parte 
at the special removal hearing. The judge shall authorize the 
introduction in camera and ex parte of any item of evidence for which 
the judge determines that the introduction other than in camera and ex 
parte would pose a risk to the national security of the United States, 
adversely affect foreign relations, reveal an investigative technique 
important to efficient law enforcement, or disclose a confidential 
source of information. With respect to any evidence which the judge 
authorizes to be introduced in camera and ex parte, the judge shall 
cause to be prepared and shall sign, and the Department of Justice 
shall cause to be delivered to the alien, either--
            ``(A) a written summary which shall be sufficient to inform 
        the alien of the general nature of the evidence that he is an 
        alien as described in paragraph 4(b) of section 241(a), as 
        amended, and to permit the alien to marshal the facts and 
        prepare a defense, but which shall not pose a risk to national 
        security, adversely affect foreign relations, reveal an 
        investigative technique important to efficient law enforcement, 
        or disclose a confidential source of information; or
            ``(B) if necessary to prevent serious harm to the national 
        security or death or serious bodily injury to any person, a 
        statement informing the alien that no such summary is possible.
    ``(2) The Department of Justice may take an interlocutory appeal to 
the United States Court of Appeals for the Federal Circuit of any 
determination by the judge pursuant to paragraph (1)--
            ``(A) concerning whether an item of evidence may be 
        introduced in camera and ex parte;
            ``(B) concerning the contents of any summary of evidence to 
        be introduced in camera and ex parte prepared pursuant to 
        paragraph (1)(A); or
            ``(C) concerning whether a summary of evidence to be 
        introduced in camera and ex parte is possible pursuant to 
        paragraph (1)(B).
In any interlocutory appeal taken pursuant to this paragraph, the 
entire record, including any proposed order of the judge or summary of 
evidence, shall be transmitted to the court of appeals under seal and 
the matter shall be heard ex parte. The court of appeals shall consider 
the appeal as expeditiously as possible.
    ``(f) In any case in which the application for the order is 
approved, the special removal hearing authorized by this section shall 
be conducted for the purpose of determining if the alien to whom the 
order pertains should be removed from the United States on the grounds 
that he is an alien as described in paragraph 4(B) of section 241(a), 
as amended. In accordance with subsection (e), the alien shall be given 
reasonable notice of the nature of the charges against him. The alien 
shall be given notice, reasonable under all the circumstances, of the 
time and place at which the hearing will be held. The hearing shall be 
held as expeditiously as possible.
    ``(g) The special removal hearing shall be held before the same 
judge who granted the order pursuant to subsection (e) unless that 
judge is deemed unavailable due to illness or disability by the chief 
judge of the court established pursuant to section 503, or has died, in 
which case the chief judge shall assign another judge to conduct the 
special removal hearing. A decision by the chief judge pursuant to the 
preceding sentence shall not be subject to review by either the alien 
or the Department of Justice.
    ``(h) The special removal hearing shall be open to the public. The 
alien shall have a right to be present at such hearing and to be 
represented by counsel. Any alien financially unable to obtain counsel 
shall be entitled to have counsel assigned to represent him. Such 
counsel shall be appointed by the judge pursuant to the plan for 
furnishing representation for any person financially unable to obtain 
adequate representation for the district in which the hearing is 
conducted, as provided for in section 3006A of title 18, United States 
Code. All provisions of that section shall apply and, for purposes of 
determining the maximum amount of compensation, the matter shall be 
treated as if a felony was charged. The alien may be called as a 
witness by the Department of Justice. The alien shall have a right to 
introduce evidence on his own behalf. Except as provided in subsection 
(j), the alien shall have a reasonable opportunity to examine the 
evidence against him and to cross-examine any witness. A verbatim 
record of the proceedings and of all testimony and evidence offered or 
produced at such a hearing shall be kept. The decision of the judge 
shall be based only on the evidence introduced at the hearing, 
including evidence introduced under subsection (j).
    ``(i) At any time prior to the conclusion of the special removal 
hearing, either the alien or the Department of Justice may request the 
judge to issue a subpoena for the presence of a named witness (which 
subpoena may also command the person to whom it is directed to produce 
books, papers, documents, or other objects designated therein) upon a 
satisfactory showing that the presence of the witness is necessary for 
the determination of any material matter. Such a request may be made ex 
parte except that the judge shall inform the Department of Justice of 
any request for a subpoena by the alien for a witness or material if 
compliance with such a subpoena would reveal evidence or the source of 
evidence which has been introduced, or which the Department of Justice 
has received permission to introduce, in camera and ex parte pursuant 
to subsection (j), and the Department of Justice shall be given a 
reasonable opportunity to oppose the issuance of such a subpoena. If an 
application for a subpoena by the alien also makes a showing that the 
alien is financially unable to pay for the attendance of a witness so 
requested, the court may order the costs incurred by the process and 
the fees of the witness so subpoenaed to be paid for from funds 
appropriated for the enforcement of title II. A subpoena under this 
subsection may be served anywhere in the United States. A witness 
subpoenaed under this subsection shall receive the same fees and 
expenses as a witness subpoenaed in connection with a civil proceeding 
in a court of the United States. Nothing in this subsection is intended 
to allow an alien to have access to classified information.
    ``(j) Evidence which has either been summarized pursuant to 
subsection (e)(1)(A) or for which no summary has been deemed possible 
pursuant to subsection (e)(1)(B) shall be introduced (either in writing 
or through testimony) in camera and ex parte and neither the alien nor 
the public shall be informed of such evidence or its sources other than 
through reference to the summary provided pursuant to subsection 
(e)(1)(A) or to the explanation that no summary could be provided 
pursuant to subsection (e)(1)(B). Notwithstanding the previous 
sentence, the Department of Justice may, in its discretion, elect to 
introduce such evidence in open session.
    ``(k) Evidence introduced at the special removal hearing, either in 
open session or in camera and ex parte, may, in the discretion of the 
Department of Justice, include all or part of the information presented 
under subsections (a) through (c) used to obtain the order for the 
hearing under this section.
    ``(l) Following the receipt of evidence, the attorneys for the 
Department of Justice and for the alien shall be given fair opportunity 
to present argument as to whether the evidence is sufficient to justify 
the removal of the alien. The attorney for the Department of Justice 
shall open the argument. The attorney for the alien shall be permitted 
to reply. The attorney for the Department of Justice shall then be 
permitted to reply in rebuttal. The judge may allow any part of the 
argument that refers to evidence received in camera and ex parte to be 
heard in camera and ex parte.
    ``(m) The Department of Justice has the burden of showing by clear 
and convincing evidence that the alien is subject to removal because he 
is an alien as described in paragraph 4(B) of subsection 241(a) of this 
Act (8 U.S.C. 1251(a)(4)(B)), as amended. If the judge finds that the 
Department of Justice has met this burden, the judge shall order the 
alien removed.
    ``(n)(1) At the time of rendering a decision as to whether the 
alien shall be removed, the judge shall prepare a written order 
containing a statement of facts found and conclusions of law. Any 
portion of the order that would reveal the substance or source of 
information received in camera and ex parte pursuant to subsection (j) 
shall not be made available to the alien or the public.
    ``(2) The decision of the judge may be appealed by either the alien 
or the Department of Justice to the Court of Appeals for the Federal 
Circuit by notice of appeal which must be filed within twenty days, 
during which time such order shall not be executed. In any case 
appealed pursuant to this subsection, the entire record shall be 
transmitted to the Court of Appeals and information received pursuant 
to subsection (j), any portion of the judge's order that would reveal 
the substance or source of such information shall be transmitted under 
seal. The Court of Appeals shall consider the case as expeditiously as 
possible.
    ``(3) In an appeal to the Court of Appeals pursuant to either 
subsections (d) or (e) of this section, the Court of Appeals shall 
review questions of law de novo, but a prior finding on any question of 
fact shall not be set aside unless such finding was clearly erroneous.
    ``(o) If the judge decides pursuant to subsection (n) that the 
alien should not be removed, the alien shall be released from custody 
unless such alien may be arrested and taken into custody pursuant to 
title II of this Act as an alien subject to deportation, in which case, 
for purposes of detention, such alien may be treated in accordance with 
the provisions of this Act concerning the deportation of aliens.
    ``(p) Following a decision by the Court of Appeals pursuant to 
either subsection (d) or (n), either the alien or the Department of 
Justice may petition the Supreme Court for a writ of certiorari. In any 
such case, any information transmitted to the Court of Appeals under 
seal shall, if such information is also submitted to the Supreme Court, 
be transmitted under seal. Any order of removal shall not be stayed 
pending disposition of a writ of certiorari except as provided by the 
Court of Appeals or a Justice of the Supreme Court.

                        ``designation of justice

    ``Sec. 503. (a) The Chief Justice of the United States shall 
publicly designate five district court judges from five of the United 
States judicial circuits who shall constitute a court which shall have 
jurisdiction to conduct all matters and proceedings authorized by 
section 502. The Chief Justice shall publicly designate one of the 
judges so appointed as the chief judge. The chief judge shall 
promulgate rules to facilitate the functioning of the court and shall 
be responsible for assigning the consideration of cases to the various 
judges.
    ``(b) Proceedings under section 502 shall be conducted as 
expeditiously as possible. The Chief Justice, in consultation with the 
Attorney General and other appropriate federal officials, shall, 
consistent with the objectives of this title, provide for the 
maintenance of appropriate security measures for applications for ex 
parte orders to conduct the special removal hearings authorized by 
section 502, the orders themselves, and evidence received in camera and 
ex parte, and for such other actions as are necessary to protect 
information concerning matters before the court from harming the 
national security of the United States, adversely affecting foreign 
relations, revealing investigative techniques, or disclosing 
confidential sources of information.
    ``(c) Each judge designated under this section shall serve for a 
term of five years and shall be eligible for redesignation, except that 
the four associate judges first designated under subsection (a) shall 
be designated for terms of from one to four years so that the term of 
one judge shall expire each year.

                       ``miscellaneous provisions

    ``Sec. 504. (a)(1) Following a determination pursuant to this title 
that an alien shall be removed, and after the conclusion of any 
judicial review thereof, the Attorney General may retain the alien in 
custody or, if the alien was released pursuant to subsection 502(o), 
may return the alien to custody, and shall cause the alien to be 
transported to any country which the alien shall designate provided the 
Attorney General determines based on consultation with the Secretary of 
State that transportation to such country would not impair the 
obligation of the United States under any treaty (including a treaty 
pertaining to extradition) or otherwise adversely affect the foreign 
policy of the United States.
    ``(2) If the alien refuses to choose a country to which he wishes 
to be transported, or if the Attorney General determines pursuant to 
paragraph (1) that removal of the alien to the country so selected 
would impair a treaty obligation or adversely affect United States 
foreign policy, the Attorney General shall cause the alien to be 
transported to any country willing to receive such alien.
    ``(3) Before an alien is transported out of the United States 
pursuant to paragraph (1) or (2) or pursuant to an order of exclusion 
because such alien is excludable under paragraph 212(a)((3)(B) of this 
Act (8 U.S.C. 1182(a)(3)(B)), as amended, he shall be photographed and 
fingerprinted, and shall be advised of the provisions of subsection 
276(b) of this Act (8 U.S.C. 1326(b)).
    ``(4) If no country is willing to receive such an alien, the 
Attorney General may, notwithstanding any other provision of law, 
retain the alien in custody. The Attorney General shall make periodic 
efforts to reach agreement with other countries to accept such as alien 
and at least every six months shall provide to the alien a written 
report on his efforts. Any alien in custody pursuant to this subsection 
shall be released from custody solely at the discretion of the Attorney 
General and subject to such conditions as the Attorney General shall 
deem appropriate. The determinations and actions of the Attorney 
General pursuant to this subsection shall not be subject to judicial 
review, including applications for writ of habeas corpus, except for a 
claim by the alien that continued detention violates his rights under 
the Constitution. Jurisdiction over any such challenge shall lie 
exclusively in the Court of Appeals for the Federal Circuit.
    ``(b)(1) Notwithstanding the provisions of subsection (a), the 
Attorney General may hold in abeyance the removal of an alien who has 
been ordered removed pursuant to this title to allow the trial of such 
alien on any Federal or State criminal charge and the service of any 
sentence of confinement resulting from such a trial.
    ``(2) Pending the commencement of any service of a sentence of 
confinement by an alien described in paragraph (1), such an alien shall 
remain in the custody of the Attorney General, unless the Attorney 
General determines that temporary release of the alien to the custody 
of State authorities for confinement in a State facility is appropriate 
and would not endanger national security or public safety.
    ``(3) Following the completion of a sentence of confinement by an 
alien described in paragraph (1) or following the completion of State 
criminal proceedings which do not result in a sentence of confinement 
of an alien released to the custody of State authorities pursuant to 
paragraph (2), such an alien shall be returned to the custody of the 
Attorney General who shall proceed to carry out the provisions of 
subsection (a) concerning removal of the alien.
    ``(c) For purposes of sections 751 and 752 of title 18, United 
States Code, an alien in the custody of the Attorney General pursuant 
to this title shall be subject to the penalties provided by those 
sections in relation to a person committed to the custody of the 
Attorney General by virtue of an arrest on a charge of felony.
    ``(d)(1) An alien in the custody of the Attorney General pursuant 
to this title shall be given reasonable opportunity to communicate with 
and receive visits from members of his family, and to contact, retain, 
and communicate with an attorney.
    ``(2) An alien in the custody of the Attorney General pursuant to 
this title shall have the right to contact an appropriate diplomatic or 
consular official of the alien's country of citizenship or nationality 
or of any country providing representation services therefor. The 
Attorney General shall notify the appropriate embassy, mission, or 
consular office of the alien's detention.

SEC. 725. CONFORMING AMENDMENTS.

    The Immigration and Nationality Act is amended as follows:
            (1) Subsection 106(b) (8 U.S.C. 1105a(b)) is amended by 
        adding at the end thereof the following sentence: 
        ``Jurisdiction to review an order entered pursuant to the 
        provisions of section 235(c) of this Act concerning an alien 
        excludable under paragraph 3(B) of subsection 212(a) (8 U.S.C. 
        1182(a)), as amended, shall rest exclusively in the United 
        States Court of Appeals for the Federal Circuit.''.
            (2) Section 276(b) (8 U.S.C. 1326(b)) is amended by 
        deleting the word ``or'' at the end of subparagraph (b)(1), by 
        replacing the period at the end of subparagraph (b)(2) with a 
        semicolon followed by the word ``or'', and by adding at the end 
        of paragraph (b) the following subparagraph: ``(3) who has been 
        excluded from the United States pursuant to subsection 235(c) 
        of this Act (8 U.S.C. 1225(c)) because such alien was 
        excludable under paragraph 3(B) of subsection 212(a) thereof (8 
        U.S.C. 1182(a)(3)(B)), as amended, or who has been removed from 
        the United States pursuant to the provisions of title V of the 
        Immigration and Nationality Act, and who thereafter, without 
        the permission of the Attorney General, enters the United 
        States or attempts to do so shall be fined under title 18, 
        United States Code, and imprisoned for a period of ten years 
        which sentence shall not run concurrently with any other 
        sentence.''
            (3) Section 106(a) (8 U.S.C. 1105a(a)) is amended by 
        striking from the end of subparagraph 8 the semicolon and the 
        word ``and'' and inserting a period in lieu thereof, and by 
        striking subparagraph 9.

SEC. 726. EFFECTIVE DATE.

    The provisions of this Act shall be effective upon enactment, and 
shall apply to all aliens without regard to the date of entry or 
attempted entry into the United States.

              Subtitle D--Terrorism Offenses and Sanctions

SEC. 731. TORTURE.

    (a) In General.--Part I of title 18, United States Code, is amended 
by inserting after chapter 113A the following new chapter:

                        ``CHAPTER 113B--TORTURE

``Sec.
2340. Definitions.
2340A. Torture.
2340B. Exclusive remedies.
``Sec. 2340. Definitions
    ``As used in this chapter--
            ``(1) the term `torture' means an act committed by a person 
        acting under the color of law specifically intended to inflict 
        severe physical or mental pain or suffering (other than pain or 
        suffering incidental to lawful sanctions) upon another person 
        within his custody or physical control;
            ``(2) the term `severe mental pain or suffering' means the 
        prolonged mental harm caused by or resulting from--
                    ``(A) the intentional infliction or threatened 
                infliction of severe physical pain or suffering;
                    ``(B) the administration or application, or 
                threatened administration or application, of mind 
                altering substances or other procedures calculated to 
                disrupt profoundly the senses or the personality;
                    ``(C) the threat of imminent death; or
                    ``(D) the threat that another person will 
                imminently be subjected to death, severe physical pain 
                or suffering, or the administration or application of 
                mind altering substances or other procedures calculated 
                to disrupt profoundly the senses or personality; and
            ``(3) the term `United States' includes all areas under the 
        jurisdiction of the United States including any of the places 
        within the provisions of sections 5 and 7 of this title and 
        section 101(38) of the Federal Aviation Act of 1958 (49 U.S.C. 
        App. 1301(38)).
``Sec. 2340A. Torture
    ``(a) Whoever, in a circumstance described in subsection (b) of 
this section and outside the United States, commits or attempts to 
commit torture shall be fined under this title or imprisoned not more 
than twenty years, or both; and if death results to any person from 
conduct prohibited by this subsection, shall be punished by death or 
imprisoned for any term of years or for life.
    ``(b) The circumstances referred to in subsection (a) are if--
            ``(1) the alleged offender is a national of the United 
        States; or
            ``(2) the alleged offender is present in the United States, 
        irrespective of the nationality of the victim or the alleged 
        offender.
``Sec. 2340B. Exclusive remedies
    ``Nothing in this chapter shall be construed as precluding the 
application of State or local laws on the same subject, nor shall 
anything in this chapter be construed as creating any substantive or 
procedural right enforceable by law by any party in any civil 
proceeding.''.
    (b) Clerical Amendment.--The table of chapters at the beginning of 
part I of title 18, United States Code, is amended by inserting after 
the item for chapter 113B the following new item:

``113B. Torture.............................................    2340''.

SEC. 732. WEAPONS OF MASS DESTRUCTION.

    (a) Findings.--The Congress finds that the use and threatened use 
of weapons of mass destruction, as defined in the statute enacted by 
subsection (b) of this section, gravely harm the national security and 
foreign relations interests of the United States, seriously affect 
interstate and foreign commerce, and disturb the domestic tranquility 
of the United States.
    (b) Offense.--Chapter 113A of title 18, United States Code, is 
amended by adding the following new section:
``Sec. 2339. Use of weapons of mass destruction
    ``(a) Whoever uses, or attempts or conspires to use, a weapon of 
mass destruction--
            ``(1) against a national of the United States while such 
        national is outside of the United States;
            ``(2) against any person within the United States; or
            ``(3) against any property that is owned, leased or used by 
        the United States or by any department or agency of the United 
        States, whether the property is within or outside of the United 
        States;
shall be imprisoned for any term of years or for life, and if death 
results, shall be punished by death or imprisoned for any term of years 
or for life.
    ``(b) For purposes of this section--
            ``(1) the term `national of the United States' has the 
        meaning given in section 101(a)(22) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(22)); and
            ``(2) the term `weapon of mass destruction' means--
                    ``(A) any destructive device as defined in section 
                921 of this title;
                    ``(B) poison gas;
                    ``(C) any weapon involving a disease organism; or
                    ``(D) any weapon that is designed to release 
                radiation or radioactivity at a level dangerous to 
                human life.''.
    (c) Clerical Amendment.--The table of sections at the beginning of 
chapter 113A of title 18, United States Code, is amended by adding the 
following:

``2339. Use of weapons of mass destruction.''.

SEC. 733. HOMICIDES AND ATTEMPTED HOMICIDES INVOLVING FIREARMS IN 
              FEDERAL FACILITIES.

    Section 930 of title 18, United States Code, is amended by--
            (a) redesignating subsections (c), (d), (e), and (f) as 
        subsections (d), (e), (f), and (g) respectively;
            (b) in subsection (a), deleting ``(c)'' and inserting in 
        lieu thereof ``(d)''; and
            (c) inserting after subsection (b) the following:
    ``(c) Whoever kills or attempts to kill any person in the course of 
a violation of subsection (a) or (b), or in the course of an attack on 
a Federal facility involving the use of a firearm or other dangerous 
weapon, shall--
            ``(1) in the case of a killing constituting murder as 
        defined in section 1111(a) of this title, be punished by death 
        or imprisoned for any term of years or for life; and
            ``(2) in the case of any other killing or an attempted 
        killing, be subject to the penalties provided for engaging in 
        such conduct within the special maritime and territorial 
        jurisdiction of the United States under sections 1112 and 1113 
        of this title.''.

SEC. 734. PROVIDING MATERIAL SUPPORT TO TERRORISTS.

    (a) Offense.--Chapter 113A of title 18, United States Code, is 
amended by adding the following new section:
``Sec. 2339A. Providing material support to terrorists
    ``Whoever, within the United States, provides material support or 
resources or conceals or disguises the nature, location, source, or 
ownership of material support or resources, knowing or intending that 
they are to be used to facilitate a violation of section 32, 36, 351, 
844 (f) or (i), 1114, 1116, 1203, 1361, 1363, 1751, 2280, 2281, 2332, 
or 2339 of this title, or section 902(i) of the Federal Aviation Act of 
1958, as amended (49 U.S.C. App. 1472(i)), or to facilitate the 
concealment or an escape from the commission of any of the foregoing, 
shall be fined under this title, imprisoned not more than ten years, or 
both. For purposes of this section, material support or resources shall 
include, but not be limited to, currency or other financial securities, 
lodging, training, safehouses, false documentation or identification, 
communications equipment, facilities, weapons, lethal substances, 
explosives, personnel, transportation, and other physical assets.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 113A of title 18, United States Code is amended by adding the 
following:

``2339A. Providing material support to terrorists.''.

SEC. 735. ADDITION OF TERRORIST OFFENSES TO THE RICO STATUTE.

    (a) Various Offenses.--Section 1961(1)(B) of title 18 of the United 
States Code is amended:
            (1) by inserting after ``Section'' the following: ``32 
        (relating to the destruction of aircraft), section 36 (relating 
        to violence at international airports), section'';
            (2) by inserting after ``section 224 (relating to sports 
        bribery);'' the following: ``section 351 (relating to 
        Congressional or Cabinet officer assassination),'';
            (3) by inserting after ``section 664 (relating to 
        embezzlement from pension and welfare funds),'' the following: 
        ``section 844 (f) or (i) (relating to destruction by explosives 
        of government property or property affecting interstate or 
        foreign commerce),'';
            (4) by inserting after ``section 1084 (relating to the 
        transmission of gambling information),'' the following: 
        ``section 1111 (relating to murder), section 1114 (relating to 
        murder of United States law enforcement officials), section 
        1116 (relating to murder of foreign officials, official guests, 
        or internationally protected persons), section 1203 (relating 
        to hostage taking),'';
            (5) by inserting after ``section 1344 (relating to 
        financial institution fraud),'' the following: ``section 1361 
        (relating to willful injury of government property), section 
        1363 (relating to destruction of property within the special 
        maritime and territorial jurisdiction),'';
            (6) by inserting after ``section 1513 (relating to 
        retaliating against a witness, victim, or an informant),'' the 
        following: ``section 1751 (relating to Presidential 
        assassination),'';
            (7) by inserting after ``section 1958 (relating to use of 
        interstate commerce facilities in the commission of murder-for-
        hire),'' the following: ``section 2280 (relating to violence 
        against maritime navigation), section 2281 (relating to 
        violence against maritime fixed platforms),''; and
            (8) by inserting after ``2320 (relating to trafficking in 
        certain motor vehicles or motor vehicle parts),'' the 
        following: ``section 2332 (relating to terrorist acts abroad 
        against United States nationals), section 2339 (relating to use 
        of weapons of mass destruction),''.
    (b) Aircraft Piracy.--Section 1961(1) of title 18 of the United 
States Code is amended by striking ``or'' before ``(E)'', and inserting 
at the end thereof the following: ``or (F) section 902 (i) or (n) of 
the Federal Aviation Act of 1958, as amended (49 U.S.C. App. 1472 (i) 
or (n));''.
    (c) Definition.--Section 1961(5) of title 18 of the United States 
Code is amended by adding at the end the following: ``The term shall 
not be construed to require the presence of any pecuniary purpose when 
the acts of racketeering involve only crimes of violence.''.

SEC. 736. FORFEITURE FOR TERRORISTS AND OTHER VIOLENT ACTS.

    (a) In General.--Chapter 46 of title 18, United States Code, is 
amended by adding after section 982 the following:
``Sec. 983. Civil forfeiture of property used to commit violent acts
    ``(a) The following property shall be subject to civil forfeiture 
by the United States:
            ``(1) Any property used or intended for use to commit or 
        facilitate the commission of a violent act; and
            ``(2) Any property constituting or derived from the gross 
        profits or other proceeds obtained from a violent act.
No interest of an owner in property shall be forfeited under paragraphs 
(1) or (2) by reason of any act or omission established by that owner 
to have been committed or omitted without the knowledge, consent or 
willful blindness of that owner.
    ``(b) All provisions of the customs law relating to the seizure, 
summary and judicial forfeiture, and condemnation of property for 
violation of the customs laws, the disposition of such property or the 
proceeds from the sale thereof, the remission or mitigation of such 
forfeitures, and the compromise of claims, shall apply to seizures and 
forfeitures incurred, or alleged to have been incurred, under this 
section, insofar as applicable and not inconsistent with the provisions 
of this section, except that such duties as are imposed upon the 
customs officer or any other person with respect to the seizure and 
forfeiture of property under the customs laws shall be performed with 
respect to seizures and forfeitures of property under this section by 
such officers, agents, or other persons as may be authorized or 
designated for that purpose by the Attorney General, except to the 
extent that such duties arise from seizures and forfeitures effected by 
any customs officer.
    ``(c) As used in this section, the term `violent act' means--
            ``(1) any felony offense under the following chapters of 
        this title: chapter 2 (relating to aircraft and motor 
        vehicles); chapter 5 (relating to arson); chapter 7 (relating 
        to assault); chapter 12 (relating to civil disorders); chapter 
        18 (relating to congressional, cabinet, and supreme court 
        assassination, kidnaping, and assault); chapter 35 (relating to 
        escape and rescue); chapter 40 (relating to importation, 
        manufacture, distribution and storage of explosive materials; 
        chapter 41 (relating to extortion and threats); chapter 44 
        (relating to firearms); chapter 51 (relating to homicide); 
        chapter 55 (relating to kidnaping); chapter 65 (relating to 
        malicious mischief); chapter 81 (relating to piracy and 
        privateering); chapter 84 (relating to Presidential and 
        Presidential staff assassination, kidnaping, and assault); 
        chapter 95 (relating to racketeering); chapter 97 (relating to 
        railroads); chapter 102 (relating to riots); chapter 103 
        (relating to robbery and burglary); chapter 105 (relating to 
        sabotage); chapter 111 (relating to shipping); chapter 113A 
        (relating to terrorism); or chapter 113B (relating to torture);
            ``(2) any felony offense under the following sections of 
        this title: section 831 (relating to prohibited transactions 
        involving nuclear materials); section 956 (relating to 
        conspiracy to injure property of foreign government); or 
        section 1153 (relating to offenses committed within Indian 
        country);
            ``(3) any felony offense under: section 2284 of title 42 of 
        the United States Code (relating to the sabotage of nuclear 
        facilities); sections 901 (i), (j), (k), (l), (m), or (n) of 
        the Federal Aviation Act of 1958 (49 U.S.C. App. 1472 (i), (j), 
        (k), (l), (m) or (n)); section 11(c)(2) of the Natural Gas 
        Pipeline Safety Act (49 U.S.C. App. 1679(c)(2)); or section 
        208(c)(2) of the Hazardous Liquid Pipeline Safety Act (49 
        U.S.C. App. 2007(c)(2));
            ``(4) any other United States offense punishable by 
        imprisonment for more than one year involving murder, robbery, 
        kidnaping, extortion, or malicious destruction of property; or
            ``(5) a conspiracy or attempt to commit any of the 
        foregoing offenses.
    ``(d) The filing of an indictment of information alleging a 
violation of an offense constituting a violent act which is also 
related to a civil forfeiture proceeding under this section shall, upon 
motion of the United States and for good cause shown, stay the civil 
forfeiture proceeding.
``Sec. 984. Criminal forfeiture of property used to commit violent acts
    ``(a) Any person convicted of a violent act as defined in section 
983(c) of this title shall forfeit to the United States, irrespective 
of any provision of State law, such person's interest in--
            ``(1) any property constituting, or derived from, any 
        proceeds the person obtained, directly or indirectly, as the 
        result of such violent act; and
            ``(2) any of the person's property used, or intended to be 
        used, in any manner or part, to commit, or to facilitate the 
        commission of, such violent act.
    ``(b) The provisions of subsections (b), (c), and (e)-(p) of 
section 413 of the Comprehensive Drug Abuse Prevention and Control Act 
of 1970 (21 U.S.C. 853 (b), (c), and (e)-(p)) shall apply to--
            ``(1) property subject to forfeiture under subsection (a);
            ``(2) any seizure or disposition of such property; and
            ``(3) any judicial proceeding in relation to such 
        property.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 46 of title 18, United States 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.''.

SEC. 737. ENHANCED PENALTIES FOR CERTAIN OFFENSES.

    (a) Title 50.--Title 50, United States Code, is amended--
            (1) in section 1705(b), by replacing ``$50,000'' with 
        ``$1,000,000''; and
            (2) in section 1705(a), by replacing ``$10,000'' with 
        ``$1,000,000''.
    (b) Title 18.--Title 18, United States Code, is amended.--
            (1) in section 1541, by replacing ``$500'' with 
        ``$250,000'' and by replacing ``one year'' with ``five years'';
            (2) in sections 1542, 1543, 1544 and 1546, by replacing 
        ``$2,000'' with ``$250,000'' and by replacing ``five years'' 
        with ``ten years''; and
            (3) in section 1545, by replacing ``$2,000'' with 
        ``$250,000'' and by replacing ``three years'' with ``ten 
        years''.

SEC. 738. SENTENCING GUIDELINES INCREASE FOR TERRORIST CRIMES.

    The United States Sentencing Commission is directed to amend its 
sentencing guidelines to provide an increase of not less than three 
levels in the base offense level for any felony, whether committed 
within or outside the United States, that involves or is intended to 
promote international terrorism, unless such involvement or intent is 
itself an element of the crime.

            Subtitle E--Antiterrorism Enforcement Provisions

SEC. 741. ALIENS COOPERATING IN TERRORIST OR OTHER INVESTIGATIONS.

    (a) In General.--Notwithstanding any other provision of law, 
whenever the Attorney General, or his designee, determines that the 
entry of a particular alien into the United States for permanent 
residence or other status, or where an alien is already present in the 
United States, the award of permanent residence or other status, is in 
the interest of national security, essential to the furtherance of the 
national intelligence mission, important to the United States public 
safety, or necessary to protect the life of an individual who has 
provided cooperation to Federal law enforcement, such alien and his 
immediate family shall be given entry into the United States and/or 
awarded permanent residence or other status. Where the decision to 
grant such entry or award of permanent residence or other status is 
based on furtherance of the national intelligence mission, the Attorney 
General shall consult with the Director of the Central Intelligence 
Agency concerning the decision.
    (b) Limit on Number of Aliens.--The number of aliens and members of 
their immediate families entering the United States under the authority 
of this section shall in no case exceed two hundred persons in any one 
fiscal year. The decision to grant or deny permanent resident or other 
status under this section is at the discretion of the Attorney General 
and shall not be subject to judicial review.

SEC. 742. AMENDMENT TO THE ALIEN ENEMY ACT.

    Section 21 of title 50, United States Code, is amended by inserting 
``(a)'' before ``Whenever,'' and by adding the following new 
subsection:
    ``(b) Whenever the President invokes the authority contained in 
subsection (a) as to aliens of a hostile nation or government and 
further determines that the United States may also be subject to 
actual, attempted, or threatened predatory incursions by aliens of 
other nations, whether or not acting in concert with the hostile 
nation, the President is authorized, by his proclamation thereof, to 
include within the terms of subsection (a) and sections 22, 23, and 24, 
any and all other aliens within the United States, or any subcategories 
or subclasses of such aliens, by nationality or otherwise, as the 
President may so designate.''.

SEC. 743. COUNTERINTELLIGENCE ACCESS TO TELEPHONE RECORDS.

    Section 2709 of title 18 of the United States Code is amended by--
            (1) striking out subsections (b) and (c); and
            (2) inserting the following new subsections (b) and (c):
    ``(b) Required Certification.--The Director of the Federal Bureau 
of Investigation (or an individual within the Federal Bureau of 
Investigation designated for this purpose by the Director) may:
            ``(1) request any such information and records if the 
        Director (or the Director's designee) certifies in writing to 
        the wire or electronic communication service provider to which 
        the request is made that--
                    ``(A) the information sought is relevant to an 
                authorized foreign counterintelligence investigation; 
                and
                    ``(B) there are specific and articulable facts 
                giving reason to believe that the person or entity 
                about whom information is sought is a foreign power or 
                an agent of a foreign power as defined in section 101 
                of the Foreign Intelligence Surveillance Act of 1978 
                (50 U.S.C. 1801);
            ``(2) request subscriber information regarding a person or 
        entity if the Director (or the Director's designee certifies in 
        writing to the wire or electronic communications service 
        provider to which the request is made that--
                    ``(A) the information sought is relevant to an 
                authorized foreign counterintelligence investigation; 
                and
                    ``(B) that information available to the FBI 
                indicates there is reason to believe that communication 
                facilities registered in the name of the person or 
                entity have been used, through the services of such 
                provider, in communication with a foreign power or an 
                agent of a foreign power as defined in section 101 of 
                the Foreign Intelligence Surveillance Act of 1978 (50 
                U.S.C. 1801).
    ``(c) Penalty for Disclosure.--No wire or electronic communication 
service provider, or officer, employee, or agent thereof, shall 
disclose to any person that the Federal Bureau of Investigation has 
sought or obtained access to information under this section. A knowing 
violation of this section is punishable as a class A misdemeanor.''.

SEC. 744. COUNTERINTELLIGENCE ACCESS TO CREDIT RECORDS.

    Section 1681(f) of title 15, United States Code, is amended by 
inserting ``(1)'' before the existing paragraph thereof, and by adding 
the following provisions:
    ``(2) Notwithstanding the provisions of section 1681(b) of this 
title, a consumer reporting agency shall furnish a consumer report to 
the Federal Bureau of Investigation (FBI) when presented with a request 
for a consumer report made pursuant to this subsection by the FBI: 
provided, That the Director of the FBI, or his designee, certifies in 
writing to the consumer reporting agency that such records are sought 
for counterintelligence purposes and that there exists specific and 
articulable facts giving reason to believe the person to whom the 
requested consumer report relates is an agent of a foreign power as 
defined in section 101 of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1801).
    ``(3) Notwithstanding the provisions of section 1681(b) of this 
title, a consumer reporting agency shall furnish identifying 
information respecting any consumer limited to name, address, former 
addresses, places of employment or former places of employment, to a 
representative of the FBI when presented with a written request signed 
by the Director of the FBI, or his designee, stating that the 
information is sought in connection with an authorized foreign 
counterintelligence investigation.
    ``(4) No consumer reporting agency, officer, employee, or agent of 
such institution, shall disclose to any person that the FBI has sought 
or obtained a consumer report, or identifying information respecting 
any consumer. A knowing violation of this section is punishable as a 
class A misdemeanor.''.

SEC. 745. AUTHORIZATION FOR INTERCEPTIONS OF COMMUNICATIONS.

    (a) Title 50 Crimes.--Section 2516(1)(k) of title 18, United States 
Code, is amended by adding before the ``;'' the following: ``, or of 
section 1701 and the following of title 50, United States Code 
(relating to the International Emergency Economic Powers Act); section 
2410 appendix of title 50, United States Code (relating to the Export 
Administration Act); or section 5 appendix of title 50, United States 
Code (relating to the Trading with the Enemy Act)''.
    (b) Title 18 Crimes.-- Section 2516(1) of title 18, United States 
Code, is further amended--
            (1) by redesignating subparagraph (o) as subparagraph (p) 
        and adding a new subparagraph (o) as follows:
            ``(o) any violation of section 956 or section 960 of title 
        18, United States Code (relating to certain actions against 
        foreign nations);''; and
            (2) in paragraph (c), by inserting before ``or section 1992 
        (relating to wrecking trains)'' the following: ``section 2332 
        (relating to terrorist acts abroad), section 2339 (relating to 
        weapons of mass destruction), section 36 (relating to violence 
        at airports),''.

SEC. 746. PARTICIPATION OF FOREIGN AND STATE GOVERNMENT PERSONNEL IN 
              INTERCEPTIONS OF COMMUNICATIONS.

    Section 2518(5) of title 18, United States Code, is amended by 
inserting ``(including personnel of a foreign government or of a State 
or subdivision of a State)'' after ``Government personnel''.

SEC. 747. DISCLOSURE OF INTERCEPTED COMMUNICATIONS TO FOREIGN LAW 
              ENFORCEMENT AGENCIES.

    Section 2510(7) of title 18, United States Code, is amended by 
inserting before the semicolon ``and additionally, for purposes of 
section 2517 (1)-(2), any person authorized to perform investigative, 
law enforcement, or prosecutorial functions by a foreign government''.

SEC. 748. EXTENSION OF THE STATUTE OF LIMITATIONS FOR CERTAIN TERRORISM 
              OFFENSES.

    (a) In General.--Chapter 213 of title 18, United States Code, is 
amended by inserting after section 3285 the following:
``Sec. 3286. Extension of statute of limitations for certain terrorism 
              offenses
    ``Notwithstanding section 3282, no person shall be prosecuted, 
tried, or punished for any offense involving a violation of section 32 
(aircraft destruction), section 36 (airport violence), section 112 
(assaults upon diplomats), section 351 (crimes against Congressmen or 
Cabinet officers), section 1116 (crimes against diplomats), section 
1203 (hostage taking), section 1361 (willful injury to government 
property), section 1751 (crimes against the President), section 2280 
(maritime violence), section 2281 (maritime platform violence), section 
2332 (terrorist acts abroad against United States nationals), section 
2339 (use of weapons of mass destruction), or section 2340A (torture) 
of this title or section 902 (i), (j), (k), (l), or (n) of the Federal 
Aviation Act of 1958, as amended (49 U.S.C. App. 1572 (i), (j), (k), 
(l), or (n)), unless the indictment is found or the information is 
instituted within ten years next after such offense shall have been 
committed.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 213 is amended by inserting below the item for:

``3285. Criminal contempt.''
the following:

``3286. Extension of statute of limitations for certain terrorism 
                            offenses.''.

                     TITLE VIII--EQUAL JUSTICE ACT

SEC. 801. SHORT TITLE.

    This title may be cited as the ``Equal Justice Act''.

SEC. 802. PROHIBITION OF RACIALLY DISCRIMINATORY POLICIES CONCERNING 
              CAPITAL PUNISHMENT OR OTHER PENALTIES.

    (a) In General.--The penalty of death and all other penalties shall 
be administered by the United States and by every State without regard 
to the race or color of the defendant or victim. Neither the United 
States nor any State shall prescribe any racial quota or statistical 
test for the imposition or execution of the death penalty or any other 
penalty.
    (b) Definitions.--For purposes of this title--
            (1) the action of the United States or of a State includes 
        the action of any legislative, judicial, executive, 
        administrative, or other agency or instrumentality of the 
        United States or a State, or of any political subdivision of 
        the United States or a State;
            (2) the term ``State'' has the meaning given in section 541 
        of title 18, United States Code; and
            (3) the term ``racial quota or statistical test'' includes 
        any law, rule, presumption, goal, standard for establishing a 
        prima facie case, or mandatory or permissive inference that--
                    (A) requires or authorizes the imposition or 
                execution of the death penalty or another penalty so as 
                to achieve a specified racial proportion relating to 
                offenders, convicts, defendants, arrestees, or victims; 
                or
                    (B) requires or authorizes the invalidation of, or 
                bars the execution of, sentences of death or other 
                penalties based on the failure of a jurisdiction to 
                achieve a specified racial proportion relating to 
                offenders, convicts, defendants, arrestees, or victims 
                in the imposition or execution of such sentences or 
                penalties.

SEC. 803. GENERAL SAFEGUARDS AGAINST RACIAL PREJUDICE OR BIAS IN THE 
              TRIBUNAL.

    In a criminal trial in a court of the United States, or of any 
State--
            (1) on motion of the defense attorney or prosecutor, the 
        risk of racial prejudice or bias shall be examined on voir dire 
        if there is a substantial likelihood in the circumstances of 
        the case that such prejudice or bias will affect the jury 
        either against or in favor of the defendant;
            (2) on motion of the defense attorney or prosecutor, a 
        change of venue shall be granted if an impartial jury cannot be 
        obtained in the original venue because of racial prejudice or 
        bias; and
            (3) neither the prosecutor nor the defense attorney shall 
        make any appeal to racial prejudice or bias in statements 
        before the jury.

SEC. 804. FEDERAL CAPITAL CASES.

    (a) Jury Instructions and Certification.--In a prosecution for an 
offense against the United States in which a sentence of death is 
sought, and in which the capital sentencing determination is to be made 
by a jury, the judge shall instruct the jury that it is not to be 
influenced by prejudice or bias relating to the race or color of the 
defendant or victim in considering whether a sentence of death is 
justified, and that the jury is not to recommend the imposition of a 
sentence of death unless it has concluded that it would recommend the 
same sentence for such a crime regardless of the race or color of the 
defendant or victim. Upon the return of a recommendation of a sentence 
of death, the jury shall also return a certificate, signed by each 
juror, that the juror's individual decision was not affected by 
prejudice or bias relating to the race or color of the defendant or 
victim, and that the individual juror would have made the same 
recommendation regardless of the race or color of the defendant or 
victim.
    (b) Racially Motivated Killings.--In a prosecution for an offense 
against the United States for which a sentence of death is authorized, 
the fact that the killing of the victim was motivated by racial 
prejudice or bias shall be deemed an aggravating factor whose existence 
permits consideration of the death penalty, in addition to any other 
aggravating factors that may be specified by law as permitting 
consideration of the death penalty.
    (c) Killings in Violation of Civil Rights Statutes.--Sections 241, 
242, and 245(b) of title 18, United States Code, are each amended by 
deleting ``shall be subject to imprisonment for any term of years or 
for life'' and inserting in lieu thereof ``shall be punished by death 
or imprisonment for any term of years or for life''.

SEC. 805. FUNDING OBJECTIVE.

    Section 501 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3751) is amended by striking ``and'' 
following the semicolon in paragraph (20), striking the period at the 
end of paragraph (21) and inserting in lieu thereof ``; and'', and 
adding at the end thereof the following new paragraph:
            ``(22) providing, in all appropriate cases, particularly 
        collateral and other post-conviction proceedings, adequate 
        resources and expertise to ensure that the death penalty is 
        expeditiously carried out.''.

SEC. 806. EXTENSION OF PROTECTION OF CIVIL RIGHTS STATUTES.

    (a) Section 241.--Section 241 of title 18, United States Code, is 
amended by deleting ``inhabitant of'' and inserting in lieu thereof 
``person in''.
    (b) Section 242.--Section 242 of title 18, United States Code, is 
amended by deleting ``inhabitant of'' and inserting in lieu thereof 
``person in'', and by deleting ``such inhabitant'' and inserting in 
lieu thereof ``such person''.

                       TITLE IX--VICTIMS' RIGHTS

SEC. 901. RESTITUTION AMENDMENTS.

    (a) Expansion of Restitution.--Section 3663(b) of title 18, United 
States Code, is amended by striking ``and'' following the semicolon in 
paragraph (3), redesignating paragraph (4) as paragraph (5), and adding 
after paragraph (3) the following:
            ``(4) in any case, reimburse the victim for necessary child 
        care, transportation, and other expenses related to 
        participation in the investigation or prosecution of the 
        offense or attendance at proceedings related to the offense; 
        and''.
    (b) Suspension of Federal Benefits.--Subsections (g) and (h) of 
section 3663 of title 18, United States Code, are redesignated as 
subsections (h) and (i), respectively, and a new subsection (g) is 
inserted as follows:
    ``(g)(1) If the defendant is delinquent in making restitution in 
accordance with any schedule of payments established under subsection 
(f)(1) of this section, or any requirement of immediate payment under 
subsection (f)(3) of this section, the court may, after a hearing, 
suspend the defendant's eligibility for all Federal benefits until such 
time as the defendant demonstrates to the court good-faith efforts to 
return to such schedule.
    ``(2) For purposes of this subsection--
            ``(A) the term `Federal benefits'--
                    ``(i) means any grant, contract, loan, professional 
                license, or commercial license provided by an agency of 
                the United States or by appropriated funds of the 
                United States; and
                    ``(ii) does not include any retirement, welfare, 
                Social Security, health, disability, veterans benefit, 
                public housing, or other similar benefit, or any other 
                benefit for which payments or services are required for 
                eligibility; and
            ``(B) the term `veterans benefit' means all benefits 
        provided to veterans, their families, or survivors by virtue of 
        the service of a veteran in the Armed Forces of the United 
        States.''.

SEC. 902. VICTIM'S RIGHT OF ALLOCATION IN SENTENCING.

    Rule 32 of the Federal Rules of Criminal Procedure is amended by--
            (1) striking ``and'' following the semicolon in subdivision 
        (a)(1)(B);
            (2) striking the period at the end of subdivision (a)(1)(C) 
        and inserting in lieu thereof ``; and'';
            (3) inserting after subdivision (a)(1)(C) the following:
                    ``(D) if sentence is to be imposed for a crime of 
                violence or sexual abuse, address the victim personally 
                if the victim is present at the sentencing hearing and 
                determine if the victim wishes to make a statement and 
                to present any information in relation to the 
                sentence.'';
            (4) in the second to last sentence of subdivision (a)(1), 
        striking ``equivalent opportunity'' and inserting in lieu 
        thereof ``opportunity equivalent to that of the defendant's 
        counsel'';
            (5) in the last sentence of subdivision (a)(1) inserting 
        ``the victim,'' before ``, or the attorney for the 
        Government.''; and
            (6) adding at the end the following:
    ``(f) Definitions.--For purposes of this rule--
            (1) ``victims'' means any individual against whom an 
        offense for which a sentence is to be imposed has been 
        committed, but the right of allocution under subdivision 
        (a)(1)(D) may be exercised instead by--
                    ``(A) a parent or legal guardian in case the victim 
                is below the age of eighteen years or incompetent; or
                    ``(B) one or more family members or relatives 
                designated by the court in case the victim is deceased 
                or incapacitated;
        if such person or persons are present at the sentencing 
        hearing, regardless of whether the victim is present; and
            ``(2) `crime or violence or sexual abuse' means a crime 
        that involved the use or attempted or threatened use of 
        physical force against the person or property of another, or a 
        crime under chapter 109A of title 18, United States Code.''.

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