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 inter-
nationally 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 racketeer-
ing.
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 ex-
plosives 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 fire-
arm.
Sec. 409. Increased penalty for knowingly false, material statement in connec-
tion 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 for-
gery.
Sec. 418. Mandatory penalty for firearms possession by violent felons and seri-
ous 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 inform-
ants.
Sec. 503. Protection of State or local law enforcement officers providing assist-
ance 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 fa-
cilities.
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 intercep-
tions 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 pun-
ishment 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 AMEND-
ED.—
(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.
‘‘§ 3591. Sentence of death
‘‘A defendant who has been found guilty of—
‘‘(1) an offense described in section 794 or sec-
tion 2381 of this title;
‘‘(2) an offense described in section 1751(c) of
this title if the offense, as determined beyond a rea-
sonable doubt at a hearing under section 3593, con-
stitutes 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 crimi-
nal 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 crimi-
nal 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 enter-
prise, attempts to kill or knowingly directs, advises,
authorizes, or assists another to attempt to kill any
public officer, juror, witness, or member of the fam-
ily 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 sec-
tion 3593, caused the death of a person inten-
tionally, knowingly, or through recklessness mani-
festing extreme indifference to human life, or caused
the death of a person through the intentional inflic-
tion 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 impo-
sition 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.
‘‘§ 3592. Factors to be considered in determining
whether a sentence of death is justified
‘‘(a) MITIGATING FACTORS.—In determining wheth-
er 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:
of the following aggravating factors and determine which,
if any, exist:
‘‘(1) PREVIOUS ESPIONAGE OR TREASON CON-
VICTION.—The defendant has previously been con-
victed of another offense involving espionage or trea-
son for which a sentence of life imprisonment or
death was authorized by statute.
‘‘(2) RISK OF SUBSTANTIAL DANGER TO NA-
TIONAL SECURITY.—In the commission of the of-
fense 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 de-
termining 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 (de-
struction of aircraft or aircraft facilities), section 33
(destruction of motor vehicles or motor vehicle facili-
ties), 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 informa-
tion 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 com-
merce by explosives), section 1116 (killing or at-
tempted killing of diplomats), section 1118 (pris-
oners 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 vio-
lence), 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 insan-
ity acquittal), or section 902 (i) or (n) of the Fed-
eral 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 FIRE-
ARM.—The defendant—
‘‘(A) during and in relation to the commis-
sion of the offense or in escaping or attempting
to escape apprehension used or possessed a fire-
arm 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, involv-
ing 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 IMPRISON-
MENT WAS AUTHORIZED.—The defendant has pre-
viously 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 author-
ized by statute.
‘‘(4) PREVIOUS CONVICTION OF OTHER SERI-
OUS 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, in-
volving 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 ap-
prehension, 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 of-
fense 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
PAY-
MENT.—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 PECU-
NIARY 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 of-
fense 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 com-
mitted 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 Fed-
eral 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 en-
gaged 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 deter-
mine the electors of President and Vice Presi-
dent in accordance with title 3, United States
Code, sections 1 and 2; a ‘Federal law enforce-
ment officer’ is a public servant authorized by
law or by a Government agency or Congress to
conduct or engage in the prevention, investiga-
tion, or prosecution of an offense; ‘Federal pris-
on’ 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 ju-
dicial 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 de-
termine which, if any, exist—
‘‘(1) PREVIOUS CONVICTION OF OFFENSE FOR
WHICH A SENTENCE OF DEATH OR LIFE IMPRISON-
MENT WAS AUTHORIZED.—The defendant has pre-
viously 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 author-
ized by statute.
‘‘(2) PREVIOUS CONVICTION OF OTHER SERI-
OUS 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, in-
volving 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 CONVIC-
TION.—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 impris-
onment was authorized by statute.
‘‘(4) USE OF FIREARM.—In committing the of-
fense, or in furtherance of a continuing criminal en-
terprise of which the offense was a part, the defend-
ant 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, in-
timidate, assault, or injure a person.
‘‘(5) DISTRIBUTION TO PERSONS UNDER TWEN-
TY-ONE.—The offense, or a continuing criminal en-
terprise 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 of-
fense, 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 sec-
tion 2 of this title.
‘‘(7) USING MINORS IN TRAFFICKING.—The of-
fense, 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 sec-
tion 2 of this title.
‘‘(8) LETHAL ADULTERANT.—The offense in-
volved 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.
‘‘§ 3593. Special hearing to determine whether a sen-
tence of death is justified
‘‘(a) NOTICE BY THE GOVERNMENT.—Whenever the
Government intends to seek the death penalty for an of-
fense described in section 3591, the attorney for the Gov-
ernment, a reasonable time before the trial, or before ac-
ceptance 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 specifi-
cally 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 pro-
vided 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 Govern-
ment 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 re-
quired 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 de-
fendant’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 defend-
ant’s guilt was discharged for good cause; or
‘‘(D) after initial imposition of a sentence
under this section, reconsideration of the sen-
tence 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 conclu-
sion 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 FAC-
TORS.—At the hearing, information may be presented as
to—
‘‘(1) any matter relating to any mitigating fac-
tor 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 informa-
tion 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 miti-
gating or aggravating factors may be presented by either
the Government or the defendant, regardless of its admis-
sibility 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 creat-
ing 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 re-
ceived 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 im-
posing a sentence of death. The attorney for the Govern-
ment shall open the argument. The defendant shall be per-
mitted to reply. The Government shall then be permitted
to reply in rebuttal. The burden of establishing the exist-
ence of an aggravating factor is on the Government, and
is not satisfied unless the existence of such a factor is es-
tablished beyond a reasonable doubt. The burden of estab-
lishing the existence of any mitigating factor is on the de-
fendant, 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 informa-
tion 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 aggra-
vating factor for which notice has been provided under
subsection (a) found to exist. A finding with respect to
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 rec-
ommend 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 deci-
sion, and should make such a recommendation as the in-
formation warrants.
‘‘(f) SPECIAL PRECAUTION TO ASSURE AGAINST DIS-
CRIMINATION.—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 con-
cluded that it would recommend a sentence of death for
the crime in question no matter what the race, color, reli-
gion, 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 defend-
ant 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.
‘‘§ 3594. Imposition of a sentence of death
‘‘Upon the recommendation under section 3593(e)
that a sentence of death be imposed, the court shall sen-
tence 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 maxi-
mum term of imprisonment for the offense is life imprison-
ment, the court may impose a sentence of life imprison-
ment without the possibility of release.
‘‘§ 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 speci-
fied 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 sen-
tencing 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 im-
posed 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 ag-
gravating 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 sec-
tion 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 sen-
tence of death under this section.
‘‘§ 3596. Implementation of a sentence of death
‘‘(a) IN GENERAL.—A person who has been sen-
tenced 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 judg-
ment 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 implemen-
tation 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 depart-
ment, bureau, or service under contract shall be required,
as a condition of that employment or contractual obliga-
tion, to be in attendance at or to participate in any execu-
tion carried out under this section if such participation
is contrary to the moral or religious convictions of the em-
ployee. For purposes of this subsection, the term ‘partici-
pate in any execution’ includes personal preparation of the
condemned individual and the apparatus used for the exe-
cution, and supervision of the activities of other personnel
in carrying out such activities.
‘‘§ 3597. Use of State facilities
‘‘A United States Marshal charged with supervising
the implementation of a sentence of death may use appro-
priate 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.
‘‘§ 3598. Appointment of counsel
‘‘(a) REPRESENTATION
OF
INDIGENT
DEFEND-
ANTS.—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 rep-
resentation. Such a defendant shall be entitled to appoint-
ment of counsel from the commencement of trial proceed-
ings until one of the conditions specified in section
3599(b) of this title has occurred.
‘‘(b) REPRESENTATION BEFORE FINALITY OF JUDG-
MENT.—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 ap-
pointed shall continue to represent the defendant until the
conclusion of direct review of the judgment, unless re-
placed by the court with other qualified counsel.
‘‘(c) REPRESENTATION AFTER FINALITY OF JUDG-
MENT.—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 seek-
ing 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 re-
ceipt 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 subse-
years of experience in the trial of felony cases in the fed-
eral district courts. If new counsel is appointed after judg-
ment, 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 back-
ground, 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 na-
ture 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 pro-
ceedings 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.
‘‘§ 3599. Collateral Attack on Judgment Imposing Sen-
tence 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 ap-
pointment 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 dis-
trict court, and in the court of appeals on review of the
district court’s decision.
‘‘(b) STAY OF EXECUTION.—The execution of a sen-
tence of death shall be stayed in the course of direct review
of the judgment and during the litigation of an initial mo-
tion in the case under section 2255 of title 28, United
States Code. The stay shall run continuously following im-
position 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 fol-
lowing 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 consider-
ation of the case, the Supreme Court disposed of it
in a manner that left the capital sentence undis-
turbed; or
‘‘(3) before a district court, in the presence of
counsel and after having been advised of the con-
sequences 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 oc-
curred, no court thereafter shall have the authority to
enter a stay of execution or grant relief in the case un-
less—
‘‘(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 Con-
stitution 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 discov-
ered 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 con-
fidence in the determination of guilt on the offense
or offenses for which the death penalty was im-
posed.’’; 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 DE-
STRUCTION OF AIRCRAFT OR AIRCRAFT FA-
CILITIES.
Section 34 of title 18 of the United States Code is
amended by changing the comma after the words ‘‘impris-
onment for life’’ to a period and deleting the remainder
of the section.
SEC. 104. CONFORMING AMENDMENT RELATING TO ESPIO-
NAGE.
Section 794(a) of title 18 of the United States Code
is amended by changing the period at the end of the sec-
tion to a comma and by adding immediately thereafter the
words ‘‘except that the sentence of death shall not be im-
posed 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 sat-
ellites, early warning systems, or other means of defense
or retaliation against large-scale attack; war plans; com-
munications 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 TRANS-
PORTING 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 MALI-
CIOUS DESTRUCTION OF FEDERAL PROP-
ERTY 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 MALI-
CIOUS DESTRUCTION OF INTERSTATE PROP-
ERTY 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 MUR-
DER.
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 KILL-
ING 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 sen-
tenced 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:
‘‘§ 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 imprison-
ment without the possibility of release.
‘‘(b) For purposes of this section—
‘‘(1) ‘Federal prison’ means any Federal correc-
tional, detention, or penal facility, Federal commu-
nity treatment center, or Federal halfway house, or
any such prison operated under contract with the
Federal Government;
‘‘(2) ‘term of life imprisonment’ means a sen-
tence for the term of natural life, a sentence com-
muted 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 KID-
NAPPING.
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 HOS-
TAGE 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 MAIL-
ABILITY 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 PRESI-
DENTIAL ASSASSINATION.
Subsection (c) of section 1751 of title 18 of the Unit-
ed States Code is amended to read as follows:
‘‘(c) Whoever attempts to murder or kidnap any indi-
vidual 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 dan-
gerously close to causing the death of the President.’’.
SEC. 115. CONFORMING AMENDMENT RELATING TO MUR-
DER 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 impris-
onment, or shall be fined in accordance with this title, or
both’’.
SEC. 116. CONFORMING AMENDMENT RELATING TO VIO-
LENT CRIMES IN AID OF RACKETEERING AC-
TIVITY.
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 kidnap-
ping, 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 TER-
RORIST 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 AIR-
CRAFT 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 GENO-
CIDE.
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 MILI-
TARY JUSTICE.
The provisions of chapter 228 of title 18 of the Unit-
ed 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 cus-
tody pursuant to the judgment of a State court. The limi-
tation period shall run from the latest of the following
times:
‘‘(1) the time at which State remedies are ex-
hausted;
‘‘(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 re-
moved, where the applicant was prevented from fil-
ing by such State action;
‘‘(3) the time at which the Federal right as-
serted 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 dis-
covered through the exercise of reasonable dili-
gence.’’.
SEC. 203. APPEAL.
Section 2253 of title 28, United States Code, is
amended to read as follows:
preparation and writing of legal papers in cap-
ital cases;
‘‘(C) in the case of counsel appointed for
the trial or sentencing stages, 5 years of experi-
ence 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 representa-
tion of criminal clients in felony cases at the
appellate, postconviction, unitary review, or cer-
tiorari stages and experience in at least one
case in which the client had been sentenced to
death;
‘‘(2) monitor the performance of attorneys ap-
pointed and delete from the roster any attorney who
fails to meet qualification and performance stand-
ards; and
‘‘(3) appoint a defense team, which shall in-
clude at least 2 attorneys, to represent a client at
the relevant stage of proceedings, promptly upon re-
ceiving notice of the need for the appointment from
the relevant State court.