‘‘§ 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 proceed-
ing 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 per-
son charged with a criminal offense against the United
States, or to test the validity of his detention pending re-
moval 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 PROCE-
DURE.
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 HA-
BEAS CORPUS.—An application for a writ of habeas cor-
pus shall be made to the appropriate district court. If ap-
plication 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 cir-
cuit 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 pursu-
ant 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 ex-
press 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 certifi-
cate 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 fol-
lows:
‘‘(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 ab-
sence of available State corrective process or the existence
of circumstances rendering such process ineffective to pro-
tect 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 sub-
section ‘‘(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 deter-
mination 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. Appoint-
ment 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 penul-
timate paragraph thereof, and by adding at the end there-
of the following new paragraphs:
‘‘A two-year period of limitation shall apply to a mo-
tion under this section. The limitation period shall run
from the latest of the following times:
‘‘(1) the time at which the judgment of convic-
tion becomes final;
‘‘(2) the time at which the impediment to mak-
ing a motion created by governmental action in vio-
lation 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 dis-
covered 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; suc-
cessive petitions.
‘‘2258. Filing of habeas corpus petition; time requirements; tolling rules.
‘‘2259. Evidentiary hearings; scope of Federal review; district court adjudica-
tion.
‘‘2260. Certificate of probable cause inapplicable.
‘‘2261. Application to state unitary review procedures.
‘‘2262. Limitation periods for determining petitions.
‘‘2263. Rule of construction.
‘‘§ 2256. Counsel in capital cases; State court
‘‘(a) A State in which capital punishment may be im-
posed 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 author-
ity, 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, crimi-
nal 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 per-
tinent legal authorities regarding issues in cap-
ital 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
‘‘(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 dif-
ferent counsel at any phase of State or Federal
postconviction proceedings.
‘‘(g) Upon receipt of notice from the appointing au-
thority 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 re-
flecting 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 serv-
ices 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 per-
formance standards established by the appointing author-
ity, 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.
‘‘§ 2257. Mandatory stay of execution; duration; limits
on stays of execution; successive peti-
tions
‘‘(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 in-
voked the postconviction review procedures of this chapter
and that the scheduled execution is subject to stay.
‘‘(b) A stay of execution granted pursuant to sub-
section (a) shall expire if—
‘‘(1) a State prisoner fails to file a habeas cor-
pus petition under section 2254 within the time re-
quired in section 2258, or fails to make a timely ap-
plication for court of appeals review following the de-
nial 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 dis-
posed 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 ad-
vised 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 au-
thority 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 re-
sult 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 con-
fidence in the determination of guilt on the offense
or offenses for which the death penalty was imposed.
‘‘§ 2258. Filing of habeas corpus petition; time re-
quirements; 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 appro-
priate 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 re-
view 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 pris-
oner under capital sentence has a properly filed re-
quest for postconviction review pending before a
State court of competent jurisdiction; if all State fil-
ing 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 ex-
cept 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.
‘‘§ 2259. Evidentiary hearings; scope of Federal re-
view; district court adjudication
‘‘(a) Whenever a State prisoner under a capital sen-
tence 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 re-
sult 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.
‘‘§ 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 suc-
cessive petition is filed.
‘‘§ 2261. Application to state unitary review proce-
dure
‘‘(a) For purposes of this section, a ‘‘unitary review’’
procedure means a State procedure that authorizes a per-
son under sentence of death to raise, in the course of di-
rect 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 re-
view proceedings, including expenses relating to the litiga-
tion 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 waiv-
er or denial of appointment of counsel for that purpose.
No counsel appointed to represent the prisoner in the uni-
tary 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 re-
view procedure that qualifies under this section. Ref-
erences to State ‘post-conviction review’ and ‘direct review’
in those sections shall be understood as referring to uni-
tary 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.
‘‘§ 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 dis-
trict 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 ap-
peals grants en banc consideration, the en banc
court shall determine the appeal within one hundred
and eighty days of the decision to grant such consid-
eration.
‘‘(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 oth-
erwise 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.
‘‘§ 2263. Rule of construction
‘‘This chapter shall be construed to promote the expe-
ditious conduct and conclusion of State and Federal court
review in capital cases.’’.
TITLE III—EXCLUSIONARY RULE
SEC. 301. CODIFICATION OF EXCEPTIONS TO EXCLUSION-
ARY RULE.
The Constitution of the United States does not re-
quire 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 ulti-
mately 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 independ-
ent 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 SEMIAUTO-
MATIC FIREARM DURING A CRIME OF VIO-
LENCE 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 car-
tridge 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 ‘‘pos-
sesses’’; and
(2) by striking ‘‘used or carried’’ and inserting
‘‘possessed’’.
SEC. 403. INCREASED PENALTY FOR SECOND OFFENSE OF
POSSESSING AN EXPLOSIVE DURING CER-
TAIN 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 de-
fined 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 sub-
paragraph (E); and
(3) by inserting after subparagraph (C) the fol-
lowing:
‘‘(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 of-
fense 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 TRAF-
FICKING.
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 pro-
mote conduct which—
‘‘(1) is punishable under the Controlled Sub-
stances 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, inter-
state 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 RE-
LEASE 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 pos-
sessing 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 re-
lease, the court shall, after a hearing pursuant to the pro-
visions 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 GANG-
STER 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 limita-
tion shall be 6 years’’ and inserting ‘‘except that the pe-
riod 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 SUB-
JECT 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 Sec-
retary may by regulation prescribe.
‘‘(3) Within sixty days after any destruction pursuant
to paragraph (2), the owner of, including any person hav-
ing 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, con-
sent, 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 NA-
TIONAL FIREARMS ACT WEAPONS.
Subsection (a) of section 5872 of the Internal Reve-
nue 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 para-
graph (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 Na-
tional 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 Sec-
retary 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 reim-
bursement within 1 year after the date of such
summary forfeiture, and
‘‘(B) such person establishes to the satis-
faction of the Secretary that—
‘‘(i) such firearm has not been in-
volved 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 independ-
ent establishment of the United States for its
official use, or
‘‘(C) sell the firearm to any State, any pos-
session 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 ma-
chine gun and is not a firearm forfeited for a viola-
tion of this chapter, the Secretary may sell such fire-
arm, 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 his-
torical figure, period, or event, and
‘‘(3) the Secretary may transfer the firearm to
the Administrator of General Services, General Serv-
ices 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 RELAT-
ING 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 counter-
feiting and forgery),’’ after ‘‘United States,’’.
SEC. 418. MANDATORY PENALTY FOR FIREARMS POSSES-
SION 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 resi-
dence 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 EXPLO-
SIVES.
(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 li-
censed 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 add-
ing 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 LI-
CENSEE.
(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 li-
censed 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 deal-
er, 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 simi-
lar devices that enable such firearms to fire more
than fifteen rounds without reloading, and particu-
larly 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 inter-
state and foreign commerce, and are moved in com-
merce 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 feed-
ing 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 add-
ing 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 in-
cludes any combination of parts from which such de-
vice 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 am-
munition 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 politi-
cal 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 enact-
ment of this subsection; or
‘‘(C) any manufacture of an ammunition feed-
ing 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 sub-
division thereof. This registry shall be known as the Na-
tional 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 enact-
ment of this subsection shall (except in the case of a trans-
fer to the United States, or any department or agency
thereof or any State or any department, agency, or politi-
cal subvision thereof) register the device to the transferee
in accordance with regulations promulgated by the Sec-
retary. Any information or evidence required to be pro-
vided in the course of such registration by a natural per-
son shall be subject to the use-restriction provisions of sec-
tion 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 trans-
feree of an ammunition feeding device required to be reg-
istered pursuant to this subsection shall retain proof of
such registration which shall be made available to the Sec-
retary 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 ammuni-
tion feeding device shall be identified by a serial number
and such other identification as the Secretary may by reg-
ulations 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 MANU-
FACTURING 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 sec-
tion 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 li-
censed 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 sub-
section (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 sec-
tion 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 ap-
pears 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 per-
son 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 wit-
ness in an official proceeding; or
‘‘(B) any information relating to the commis-
sion or possible commission of a Federal offense or
a violation of conditions of probation, parole or re-
lease 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 sub-
section 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 ENFORCE-
MENT 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 enforce-
ment 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 Inves-
tigation, Identification Division. The court shall also
transmit to the Federal Bureau of Investigation, Identi-
fication Division, the information concerning the adjudica-
tion, 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 de-
scribed in this subsection, or to a juvenile who is pros-
ecuted 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 availabil-
ity 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, disclo-
sure or availability of records or information relating to
a juvenile or to a juvenile delinquency proceeding or adju-
dication in certain circumstances, then such reporting, re-
tention, 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 OF-
FENDERS.
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 con-
spiracy or attempt to commit an offense) de-
scribed in section 401, or 404 (insofar as the
violation involves more than 5 grams of a mix-
ture 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 at-
tempt to commit an offense) described in sec-
tion 401, or 404 (insofar as the violation in-
volves more than 5 grams of a mixture or sub-
stance which contains cocaine base), of the Con-
trolled 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 conspir-
acy 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 Ex-
port 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 add-
ing at the end the following: ‘‘In considering the na-
ture of the offense, as required by this paragraph,
the court shall consider the extent to which the juve-
nile 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 fac-
tor 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 im-
prisoned for not more than five years, or both’’ and insert-
ing ‘‘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 im-
prisoned 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 COM-
MIT 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 INTER-
NATIONAL CIVIL AVIATION.
(a) OFFENSE.—Chapter 2 of title 18, United States
Code, is amended by adding at the end thereof the follow-
ing new section:
‘‘§ 36. Violence at international airports
‘‘(a) Whoever in a circumstance described in sub-
section (b) of this section unlawfully and intentionally,
using any device, substance or weapon,—
‘‘(1) performs an act of violence against a per-
son 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 dis-
rupts 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 Inter-
national Civil Aviation, Supplementary to the Con-
vention 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 Preven-
tion and Punishment of Violence Against Maritime Navi-
gation and Fixed Platforms’’.
SEC. 712. FINDINGS.
The Congress finds that—
(1) the Convention for the Suppression of Un-
lawful Acts Against the Safety of Maritime Naviga-
tion requires each contracting State to establish its
jurisdiction over certain offenses affecting the safety
of maritime navigation;
(2) the Protocol for the Suppression of Unlaw-
ful Acts Against the Safety of Fixed Platforms Lo-
cated on the Continental Shelf, which accompanies
the aforementioned Convention, requires that each
contracting State to the Protocol establish its juris-
diction over certain offenses affecting the safety of
fixed platforms;
(3) such offenses place innocent lives and prop-
erty 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 hence-
forth extended to 12 nautical miles from the base-
lines 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 Sup-
pression of Unlawful Acts Against the Safety of
Maritime Navigation and the Protocol for the Sup-
pression 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 ar-
rival 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:
‘‘§ 2280. Violence against maritime navigation
‘‘(a) Whoever, in a circumstance described in sub-
section (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 intimi-
dation;
‘‘(2) performs an act of violence against a per-
son 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 re-
sults 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 ha-
bitual residence is in the United States;
‘‘(B) during the commission of such activ-
ity, 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 sched-
uled 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 Conven-
tion 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 per-
son to a country which is a State Party to the Convention,
the master shall, whenever practicable, and if possible be-
fore 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.
‘‘§ 2281. Violence against maritime fixed platforms
‘‘(a) Whoever, in a circumstance described in sub-
section (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 per-
son on board a fixed platform if that act is likely to
endanger its safety;
‘‘(3) destroys a fixed platform or causes dam-
age 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 sub-
stance 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 pun-
ished 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 appar-
ent determination and will to carry the threat into execu-
tion, if the threatened act is likely to endanger the safety
of the fixed platform, shall be fined under this title or im-
prisoned 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 Unit-
ed 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 pro-
vided 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 artifi-
cial island, installation or structure permanently at-
tached 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
100
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 Conven-
tion; and
(B) in the case of section 2281 of title 18,
United States Code, the date the Protocol for the
101
Suppression of Unlawful Acts Against the Safety of
Fixed Platforms Located on the Continental Shelf
has come into force and the United States has be-
come a party to that Protocol.
SEC. 717. TERRITORIAL SEA EXTENDING TO TWELVE MILES
INCLUDED IN SPECIAL MARITIME AND TER-
RITORIAL JURISDICTION.
The Congress hereby declares that all the territorial
sea of the United States, as defined by Presidential Proc-
lamation 5928 of December 27, 1988, is part of the Unit-
ed States, subject to its sovereignty, and, for purposes of
Federal criminal jurisdiction, is within the special mari-
time and territorial jurisdiction of the United States wher-
ever that term is used in title 18, United States Code.
SEC. 718. ASSIMILATED CRIMES IN EXTENDED TERRI-
TORIAL SEA.
Section 13 of title 18, United States Code (relating
to the adoption of State laws for areas within Federal ju-
risdiction), is amended by inserting after ‘‘title’’ in sub-
section (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:
102
‘‘(c) Whenever any waters of the territorial sea of the
United States lie outside the territory of any State, Terri-
tory, Possession, or District, such waters (including the
airspace above and the seabed and subsoil below, and arti-
ficial 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 na-
tional 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 Re-
moval Act of 1993’’.
103
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 Hon-
orary 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 na-
tionals on board in 1985;
(D) hijacking TWA Flight 847 during
which a United States Navy diver was mur-
dered 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;
104
(H) hijacking Pan Am Flight 73 in Kara-
chi, Pakistan, in which 44 Americans were held
hostage and two were killed in 1986;
(I) conspiring to bomb an Air India air-
craft 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 result-
ing 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 ter-
rorist acts in this country.
105
(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 infor-
mation. Moreover, appellate procedures routinely af-
forded aliens following a deportation hearing fre-
quently extend over several years resulting in an in-
ability to effect the expeditious removal of aliens en-
gaging 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 activ-
ity’’ 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 TERROR-
ISTS.
The Immigration and Nationality Act is amended—
106
(1) by adding at the end of the table of con-
tents the following:
‘‘TITLE V—REMOVAL OF ALIEN TERRORISTS
‘‘Sec. 501. Applicability
‘‘Sec. 502. Special removal hearing
‘‘Sec. 503. Designation of judges
‘‘Sec. 504. Miscellaneous provisions’’; and
(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 Jus-
tice files, under section 502, an application with the court
established under section 503 for authorization to seek re-
moval 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 Immigra-
tion and Nationality Act shall be applicable. An alien sub-
ject to removal under these provisions shall have no right
of discovery of information derived from electronic surveil-
107
lance authorized under the Foreign Intelligence Surveil-
lance Act or otherwise for national security purposes, nor
shall such alien have the right to seek suppression of evi-
dence derived in this manner. Further, the government is
authorized to use, in the removal proceedings, the fruits
of electronic surveillance authorized under the Foreign In-
telligence 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 sec-
tion 241(a), as amended, represent a unique threat to the
security of the United States. It is the intention of Con-
gress 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 para-
graph 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 deporta-
tion 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
108
application upon oath or affirmation shall be submitted
in camera and ex parte to the court established under sec-
tion 503 for an order authorizing such a procedure. Each
application shall require the approval of the Attorney Gen-
eral or the Deputy Attorney General based upon his find-
ing 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 author-
ization 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 phys-
ically present in the United States; and
‘‘(B) with respect to such alien, adherence
to the provisions of title II regarding the depor-
tation of aliens would pose a risk to the na-
109
tional security of the United States, adversely
affect foreign relations, reveal an investigative
technique important to efficient law enforce-
ment, or disclose a confidential source of infor-
mation.
‘‘(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, notwith-
standing any other provision of law, may retain such an
alien in custody in accordance with the procedures author-
ized by this title.
‘‘(c) In accordance with the rules of the court estab-
lished under section 503, the judge shall consider the ap-
plication 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—
110
‘‘(1) the alien who is the subject of the applica-
tion 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 re-
garding 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 en-
forcement, or disclose a confidential source of infor-
mation.
‘‘(d)(1) In any case in which the application for the
order is denied, the judge shall prepare a written state-
ment 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 re-
view, 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
111
such alien shall be treated in accordance with the provi-
sions 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 cor-
rectly 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 deporta-
tion, in which case such alien shall be treated in accord-
ance with the provisions of this Act concerning the depor-
tation of aliens simultaneously with the application of this
title.
‘‘(4) If the application for the order is denied be-
cause, 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 depor-
tation of the identified alien would pose a risk to the na-
tional security of the United States, adversely affect for-
eign relations, reveal an investigative technique important
to efficient law enforcement, or disclose a confidential
112
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 cus-
tody 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 ap-
pear, 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 im-
prisonment.
113
‘‘(e)(1) In any case in which the application for the
order authorizing the special procedures of this title is ap-
proved, the judge who granted the order shall consider
separately each item of evidence the Department of Jus-
tice proposes to introduce in camera and ex parte at the
special removal hearing. The judge shall authorize the in-
troduction 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 na-
tional security of the United States, adversely affect for-
eign 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 suffi-
cient to inform the alien of the general nature of the
evidence that he is an alien as described in para-
graph 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 en-
114
forcement, or disclose a confidential source of infor-
mation; 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 inter-
locutory appeal to the United States Court of Appeals for
the Federal Circuit of any determination by the judge pur-
suant 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 para-
graph, 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.
115
‘‘(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 expe-
ditiously as possible.
‘‘(g) The special removal hearing shall be held before
the same judge who granted the order pursuant to sub-
section (e) unless that judge is deemed unavailable due
to illness or disability by the chief judge of the court estab-
lished 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 pur-
suant 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 finan-
cially unable to obtain counsel shall be entitled to have
116
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 hear-
ing 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 wit-
ness 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 reason-
able 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 sub-
section (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
117
therein) upon a satisfactory showing that the presence of
the witness is necessary for the determination of any ma-
terial 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 intro-
duced, 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 sub-
poena under this subsection may be served anywhere in
the United States. A witness subpoenaed under this sub-
section shall receive the same fees and expenses as a wit-
ness 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.
118
‘‘(j) Evidence which has either been summarized pur-
suant 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 testi-
mony) 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 De-
partment of Justice may, in its discretion, elect to intro-
duce such evidence in open session.
‘‘(k) Evidence introduced at the special removal hear-
ing, 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
119
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 re-
120
ceived 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 pur-
poses of detention, such alien may be treated in accord-
ance with the provisions of this Act concerning the depor-
tation 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 infor-
mation 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
121
shall not be stayed pending disposition of a writ of certio-
rari except as provided by the Court of Appeals or a Jus-
tice 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 consider-
ation of cases to the various judges.
‘‘(b) Proceedings under section 502 shall be con-
ducted as expeditiously as possible. The Chief Justice, in
consultation with the Attorney General and other appro-
priate 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 cam-
era and ex parte, and for such other actions as are nec-
essary to protect information concerning matters before
the court from harming the national security of the United
States, adversely affecting foreign relations, revealing in-
122
vestigative 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 re-
designation, except that the four associate judges first des-
ignated 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 pursu-
ant 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 trans-
ported to any country which the alien shall designate pro-
vided the Attorney General determines based on consulta-
tion 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 obli-
123
gation 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 pro-
vision 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 sub-
section shall be released from custody solely at the discre-
tion of the Attorney General and subject to such condi-
tions as the Attorney General shall deem appropriate. The
determinations and actions of the Attorney General pursu-
ant to this subsection shall not be subject to judicial re-
view, including applications for writ of habeas corpus, ex-
cept for a claim by the alien that continued detention vio-
lates his rights under the Constitution. Jurisdiction over
124
any such challenge shall lie exclusively in the Court of Ap-
peals for the Federal Circuit.
‘‘(b)(1) Notwithstanding the provisions of subsection
(a), the Attorney General may hold in abeyance the re-
moval 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 para-
graph (1), such an alien shall remain in the custody of
the Attorney General, unless the Attorney General deter-
mines 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 con-
finement by an alien described in paragraph (1) or follow-
ing 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 provi-
sions of subsection (a) concerning removal of the alien.
125
‘‘(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 Gen-
eral pursuant to this title shall be given reasonable oppor-
tunity to communicate with and receive visits from mem-
bers of his family, and to contact, retain, and commu-
nicate 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 pro-
viding representation services therefor. The Attorney Gen-
eral shall notify the appropriate embassy, mission, or con-
sular 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
126
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 fol-
lowed 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 pur-
suant 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 Na-
tionality Act, and who thereafter, without the per-
mission 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 concur-
rently with any other sentence.’’
(3) Section 106(a) (8 U.S.C. 1105a(a)) is
amended by striking from the end of subparagraph
127
8 the semicolon and the word ‘‘and’’ and inserting
a period in lieu thereof, and by striking subpara-
graph 9.
SEC. 726. EFFECTIVE DATE.
The provisions of this Act shall be effective upon en-
actment, 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 fol-
lowing new chapter:
‘‘CHAPTER 113B—TORTURE
‘‘Sec.
2340. Definitions.
2340A. Torture.
2340B. Exclusive remedies.
‘‘§ 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;
128
‘‘(2) the term ‘severe mental pain or suffering’
means the prolonged mental harm caused by or re-
sulting from—
‘‘(A) the intentional infliction or threat-
ened infliction of severe physical pain or suffer-
ing;
‘‘(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 phys-
ical 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 Fed-
eral Aviation Act of 1958 (49 U.S.C. App.
1301(38)).
129
‘‘§ 2340A. Torture
‘‘(a) Whoever, in a circumstance described in sub-
section (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 Unit-
ed States, irrespective of the nationality of the vic-
tim or the alleged offender.
‘‘§ 2340B. Exclusive remedies
‘‘Nothing in this chapter shall be construed as pre-
cluding 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’’.
130
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 tran-
quility of the United States.
(b) OFFENSE.—Chapter 113A of title 18, United
States Code, is amended by adding the following new sec-
tion:
‘‘§ 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—
131
‘‘(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 orga-
nism; or
‘‘(D) any weapon that is designed to re-
lease radiation or radioactivity at a level dan-
gerous 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 IN-
VOLVING 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 insert-
ing in lieu thereof ‘‘(d)’’; and
132
(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 pun-
ished by death or imprisoned for any term of years
or for life; and
‘‘(2) in the case of any other killing or an at-
tempted killing, be subject to the penalties provided
for engaging in such conduct within the special mar-
itime 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:
‘‘§ 2339A. Providing material support to terrorists
‘‘Whoever, within the United States, provides mate-
rial support or resources or conceals or disguises the na-
ture, 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,
133
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 re-
sources 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, explo-
sives, 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 (relat-
134
ing to Congressional or Cabinet officer assassina-
tion),’’;
(3) by inserting after ‘‘section 664 (relating to
embezzlement from pension and welfare funds),’’ the
following: ‘‘section 844 (f) or (i) (relating to destruc-
tion by explosives of government property or prop-
erty affecting interstate or foreign commerce),’’;
(4) by inserting after ‘‘section 1084 (relating to
the transmission of gambling information),’’ the fol-
lowing: ‘‘section 1111 (relating to murder), section
1114 (relating to murder of United States law en-
forcement officials), section 1116 (relating to mur-
der of foreign officials, official guests, or internation-
ally 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 prop-
erty), section 1363 (relating to destruction of prop-
erty within the special maritime and territorial juris-
diction),’’;
(6) by inserting after ‘‘section 1513 (relating to
retaliating against a witness, victim, or an inform-
ant),’’ the following: ‘‘section 1751 (relating to Pres-
idential assassination),’’;
135
(7) by inserting after ‘‘section 1958 (relating to
use of interstate commerce facilities in the commis-
sion of murder-for-hire),’’ the following: ‘‘section
2280 (relating to violence against maritime naviga-
tion), section 2281 (relating to violence against mar-
itime fixed platforms),’’; and
(8) by inserting after ‘‘2320 (relating to traf-
ficking in certain motor vehicles or motor vehicle
parts),’’ the following: ‘‘section 2332 (relating to ter-
rorist acts abroad against United States nationals),
section 2339 (relating to use of weapons of mass de-
struction),’’.
(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 follow-
ing: ‘‘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 rack-
eteering involve only crimes of violence.’’.
136
SEC. 736. FORFEITURE FOR TERRORISTS AND OTHER VIO-
LENT ACTS.
(a) IN GENERAL.—Chapter 46 of title 18, United
States Code, is amended by adding after section 982 the
following:
‘‘§ 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 omis-
sion established by that owner to have been committed or
omitted without the knowledge, consent or willful blind-
ness of that owner.
‘‘(b) All provisions of the customs law relating to the
seizure, summary and judicial forfeiture, and condemna-
tion of property for violation of the customs laws, the dis-
position 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
137
forfeitures incurred, or alleged to have been incurred,
under this section, insofar as applicable and not inconsist-
ent 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 Attor-
ney 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 congres-
sional, cabinet, and supreme court assassination,
kidnaping, and assault); chapter 35 (relating to es-
cape and rescue); chapter 40 (relating to importa-
tion, manufacture, distribution and storage of explo-
sive materials; chapter 41 (relating to extortion and
threats); chapter 44 (relating to firearms); chapter