courts of appeals or the Supreme Court. The court, for
good cause, may appoint counsel who does not meet the
standards prescribed in the 2 preceding sentences, but
whose background, knowledge, or experience would other-
wise enable him or her to properly represent the defend-
ant, with due consideration of the seriousness of the pen-
alty and the nature of the litigation.
‘‘(e) APPLICABILITY OF CRIMINAL JUSTICE ACT.—
Except as otherwise provided in this section, section
3006A shall apply to appointments under this section.
‘‘(f) CLAIMS OF INEFFECTIVENESS OF COUNSEL.—
The ineffectiveness or incompetence of counsel during pro-
ceedings on a motion under section 2255 of title 28 in
a capital case shall not be a ground for relief from the
judgment or sentence in any proceeding. This limitation
shall not preclude the appointment of different counsel at
any stage of the proceedings.
‘‘§ 3599. Collateral attack on judgment imposing sen-
tence of death
‘‘(a) TIME FOR MAKING SECTION 2255 MOTION.—
In a case in which a sentence of death has been imposed,
and the judgment has become final as described in section
3598(c), a motion in the case under section 2255 of title
28 shall be filed within 90 days of the issuance of the
order relating to appointment of counsel under section
3598(c). The court in which the motion is filed, for good
cause shown, may extend the time for filing for a period
not exceeding 60 days. A motion described in this section
shall have priority over all noncapital matters in the dis-
trict court, and in the court of appeals on review of the
district court’s decision.
‘‘(b) STAY OF EXECUTION.—The execution of a sen-
tence of death shall be stayed in the course of direct review
of the judgment and during the litigation of an initial mo-
tion in the case under section 2255 of title 28. The stay
shall run continuously following imposition of the sen-
tence, and shall expire if—
‘‘(1) the defendant fails to file a motion under
section 2255 of title 28 within the time specified in
subsection (a), or fails to make a timely application
for court of appeals review following the denial of
such a motion by a district court;
‘‘(2) upon completion of district court and court
of appeals review under section 2255 of title 28, the
motion under that section is denied and—
‘‘(A) the time for filing a petition for cer-
tiorari has expired and no petition has been
filed;
‘‘(B) a timely petition for certiorari was
filed and the Supreme Court denied the peti-
tion; or
‘‘(C) a timely petition for certiorari was
filed and upon consideration of the case, the
Supreme Court disposed of it in a manner that
left the capital sentence undisturbed; or
‘‘(3) before a district court, in the presence of
counsel and after having been advised of the con-
sequences of the decision to do so, the defendant
waives the right to file a motion under section 2255
of title 28.
‘‘(c) FINALITY OF DECISION ON REVIEW.—If one of
the conditions specified in subsection (b) has occurred, no
court thereafter shall have the authority to enter a stay
of execution or grant relief in the case unless—
‘‘(1) the basis for the stay and request for relief
is a claim not presented in earlier proceedings;
‘‘(2) the failure to raise the claim was—
‘‘(A) the result of governmental action in
violation of the Constitution or laws of the
United States;
‘‘(B) the result of the Supreme Court rec-
ognition of a new Federal right that is retro-
actively applicable; or
‘‘(C) based on a factual predicate that
could not have been discovered through the ex-
ercise of reasonable diligence in time to present
the claim in earlier proceedings; and
‘‘(3) the facts underlying the claim would be
sufficient, if proven, to undermine the court’s con-
fidence in the determination of guilt on the offense
or offenses for which the death penalty was imposed.
‘‘§ 3600. Application in Indian country
‘‘Notwithstanding sections 1152 and 1153, no person
subject to the criminal jurisdiction of an Indian tribal gov-
ernment shall be subject to a capital sentence under this
chapter for any offense the Federal jurisdiction for which
is predicated solely on Indian country as defined in section
1151 and which has occurred within the boundaries of
such Indian country, unless the governing body of the
tribe has made an election that this chapter have effect
over land and persons subject to its criminal jurisdiction.’’.
(b) TECHNICAL AMENDMENT.—The part analysis for
part II of title 18, United States Code, is amended by
adding after the item relating to chapter 227 the following
new item:
‘‘228. Death penalty procedures ................................................... 3591.’’.
SEC. 103. CONFORMING AMENDMENT RELATING TO DE-
STRUCTION 
OF 
AIRCRAFT 
OR 
AIRCRAFT
FACILITIES.
Section 34 of title 18, United States Code, is amend-
ed by striking the comma after ‘‘life’’ and all that follows
through ‘‘order’’.
SEC. 
104. 
CONFORMING 
AMENDMENT 
RELATING 
TO
ESPIONAGE.
Section 794(a) of title 18, United States Code, is
amended by striking the period at the end and inserting
‘‘, except that the sentence of death shall not be imposed
unless the jury or, if there is no jury, the court, further
finds beyond a reasonable doubt at a hearing under sec-
tion 3593 that the offense directly concerned—
‘‘(1) nuclear weaponry, military spacecraft and
satellites, early warning systems, or other means of
defense or retaliation against large-scale attack;
‘‘(2) war plans;
‘‘(3) communications intelligence or cryp-
tographic information;
‘‘(4) sources or methods of intelligence or coun-
terintelligence operations; or
‘‘(5) any other major weapons system or major
element of defense strategy.’’.
SEC. 105. CONFORMING AMENDMENT RELATING TO TRANS-
PORTING EXPLOSIVES.
Section 844(d) of title 18, United States Code, is
amended by striking ‘‘as provided in section 34 of this
title’’.
SEC. 106. CONFORMING AMENDMENT RELATING TO MALI-
CIOUS DESTRUCTION OF FEDERAL PROP-
ERTY BY EXPLOSIVES.
Section 844(f) of title 18, United States Code, is
amended by striking ‘‘as provided in section 34 of this
title’’.
SEC. 107. CONFORMING AMENDMENT RELATING TO MALI-
CIOUS DESTRUCTION OF INTERSTATE PROP-
ERTY BY EXPLOSIVES.
Section 844(i) of title 18, United States Code, is
amended by striking ‘‘as provided in section 34 of this
title’’.
SEC. 
108. 
CONFORMING 
AMENDMENT 
RELATING 
TO
MURDER.
Section 1111(b) of title 18, United States Code, is
amended to read as follows:
‘‘(b) Within the special maritime and territorial juris-
diction of the United States—
‘‘(1) whoever is guilty of murder in the first de-
gree shall be punished by death or by imprisonment
for life; and
‘‘(2) whoever is guilty of murder in the second
degree shall be imprisoned for any term of years or
for life.’’.
SEC. 109. CONFORMING AMENDMENT RELATING TO KILL-
ING OFFICIAL GUESTS OR INTERNATIONALLY
PROTECTED PERSONS.
Section 1116(a) of title 18, United States Code, is
amended by striking the comma after ‘‘title’’ and all that
follows through ‘‘years’’.
SEC. 110. MURDER BY FEDERAL PRISONER.
(a) OFFENSE.—Chapter 51 of title 18, United States
Code, is amended by adding at the end the following new
section:
‘‘§ 1118. Murder by a Federal prisoner
‘‘(a) OFFENSE.—Whoever, while confined in a Fed-
eral prison under a sentence for a term of life imprison-
ment, murders another shall be punished by death or by
life imprisonment without the possibility of release.
‘‘(b) DEFINITIONS.—For purposes of this section—
‘‘(1) ‘Federal prison’ means any Federal correc-
tional, detention, or penal facility, Federal commu-
nity treatment center, or Federal halfway house, or
any such prison operated under contract with the
Federal Government; and
‘‘(2) ‘term of life imprisonment’ means a sen-
tence for the term of natural life, a sentence com-
muted to natural life, an indeterminate term of a
minimum of at least 15 years and a maximum of
life, or an unexecuted sentence of death.’’.
(b) TECHNICAL AMENDMENT.—The chapter analysis
for chapter 51 of title 18, United States Code, is amended
by adding at the end the following new item:
‘‘1118. Murder by a Federal prisoner.’’.
SEC. 
111. 
CONFORMING 
AMENDMENT 
RELATING 
TO
KIDNAPPING.
Section 1201(a) of title 18, United States Code, is
amended by striking the period at the end and inserting
‘‘and, if the death of any person results, shall be punished
by death or life imprisonment’’.
SEC. 112. CONFORMING AMENDMENT RELATING TO HOS-
TAGE TAKING.
Section 1203(a) of title 18, United States Code, is
amended by striking the period at the end and inserting
‘‘and, if the death of any person results, shall be punished
by death or life imprisonment’’.
SEC. 113. CONFORMING AMENDMENT RELATING TO MAIL-
ABILITY OF INJURIOUS ARTICLES.
The last paragraph of section 1716 of title 18, United
States Code, is amended by striking the comma after
‘‘life’’ and all that follows through ‘‘order’’.
SEC. 114. CONFORMING AMENDMENT RELATING TO PRESI-
DENTIAL ASSASSINATION.
Section 1751(c) of title 18, United States Code, is
amended to read as follows:
‘‘(c) Whoever attempts to murder or kidnap any indi-
vidual designated in subsection (a) shall be punished—
‘‘(1) by imprisonment for any term of years or
for life; or
‘‘(2) if the conduct constitutes an attempt to
murder the President of the United States and re-
sults in bodily injury to the President or otherwise
comes dangerously close to causing the death of the
President, by death or imprisonment for any term of
years or for life.’’.
SEC. 115. CONFORMING AMENDMENT RELATING TO MUR-
DER FOR HIRE.
Section 1958(a) of title 18, United States Code, is
amended by striking ‘‘and if death results, shall be subject
to imprisonment for any term of years or for life, or shall
be fined not more than $50,000, or both’’ and inserting
‘‘and if death results, shall be punished by death or life
imprisonment, or shall be fined in accordance with this
title, or both’’.
SEC. 116. CONFORMING AMENDMENT RELATING TO VIO-
LENT CRIMES IN AID OF RACKETEERING
ACTIVITY.
Section 1959(a)(1) of title 18, United States Code,
is amended to read as follows:
‘‘(1) for murder, by death or life imprisonment,
or a fine in accordance with this title, or both, and
for kidnapping, by imprisonment for any term of
years or for life, or a fine in accordance with this
title, or both;’’.
SEC. 
117. 
CONFORMING 
AMENDMENT 
RELATING 
TO
WRECKING TRAINS.
The penultimate paragraph of section 1992 of title
18, United States Code, is amended by striking the comma
after ‘‘life’’ and all that follows through ‘‘order’’.
SEC. 118. CONFORMING AMENDMENT RELATING TO BANK
ROBBERY.
Section 2113(e) of title 18, United States Code, is
amended by striking ‘‘or punished by death if the verdict
of the jury shall so direct’’ and inserting ‘‘or if death re-
sults shall be punished by death or life imprisonment’’.
SEC. 119. CONFORMING AMENDMENT RELATING TO TER-
RORIST ACTS.
Section 2332(a)(1) of title 18, United States Code,
as redesignated by section 601(b)(2), is amended to read
as follows:
‘‘(1) if the killing is murder as defined in sec-
tion 1111(a), be fined under this title, punished by
death or imprisonment for any term of years or for
life, or both;’’.
SEC. 120. CONFORMING AMENDMENT RELATING TO AIR-
CRAFT HIJACKING.
Section 903 of the Federal Aviation Act of 1958 (49
U.S.C. App. 1473) is amended by striking subsection (c).
SEC. 121. CONFORMING AMENDMENT TO CONTROLLED
SUBSTANCES ACT.
Section 408 of the Controlled Substances Act (21
U.S.C. 848) is amended by striking subsections (g), (h),
(i), (j), (k), (l), (m), (n), (o), (p), (q)(1), (2), and (3),
and (r).
SEC. 122. CONFORMING AMENDMENT RELATING TO GENO-
CIDE.
Section 1091(b)(1) of title 18, United States Code,
is amended by striking ‘‘a fine of not more than
$1,000,000 and imprisonment for life’’ and inserting
‘‘death or imprisonment for life and a fine of not more
than $1,000,000’’.
SEC. 123. PROTECTION OF COURT OFFICERS AND JURORS.
Section 1503 of title 18, United States Code, is
amended—
(1) by inserting ‘‘(a)’’ before ‘‘Whoever’’;
(2) in subsection (a), as designated by para-
graph (1)—
(A) by striking ‘‘commissioner’’ each place
it appears and inserting ‘‘magistrate judge’’;
and
(B) 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)’’; and
(3) by adding at the end the following new sub-
section:
‘‘(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;
‘‘(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 20 years;
and
‘‘(3) in any other case, imprisonment for not
more than 10 years.’’.
SEC. 124. 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 before subsection (b), as redes-
ignated by paragraph (1), the following new sub-
section:
‘‘(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; and
‘‘(B) in the case of an attempt, imprisonment
for not more than 20 years.’’.
SEC. 125. DEATH PENALTY FOR MURDER OF FEDERAL LAW
ENFORCEMENT OFFICERS.
Section 1114 of title 18, United States Code, is
amended by striking ‘‘be punished as provided under sec-
tions 1111 and 1112 of this title, except that’’ and insert-
ing ‘‘, in the case of murder (as defined in section 1111),
be punished by death or imprisonment for life, and, in the
case of manslaughter (as defined in section 1112), be pun-
ished as provided in section 1112, and’’.
SEC. 126. DEATH PENALTY FOR MURDER OF STATE OR
LOCAL LAW ENFORCEMENT OFFICERS AS-
SISTING FEDERAL LAW ENFORCEMENT OFFI-
CERS.
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,’’ after ‘‘other
statutory authority’’.
SEC. 127. 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 the following new
section:
‘‘§ 36. Violence at international airports
‘‘(a) Whoever 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 the airport, or attempts to do such an act, shall be fined
under this title, imprisoned not more than 20 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) There is jurisdiction over the activity prohibited
in subsection (a) if—
‘‘(1) the prohibited activity takes place in the
United States; or
‘‘(2) the prohibited activity takes place outside
the United States and the offender is later found in
the United States.’’.
(b) TECHNICAL AMENDMENT.—The chapter analysis
for chapter 2 of title 18, United States Code, is amended
by adding at the end the following new item:
‘‘36. Violence at international airports.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the later of—
(1) the date of enactment of this Act; or
(2) the date on which the Protocol for the Sup-
pression of Unlawful Acts of Violence at Airports
Serving International Civil Aviation, Supplementary
to the Convention for the Suppression of Unlawful
Acts Against the Safety of Civil Aviation, done at
Montreal on 23 September 1971, has come into
force and the United States has become a party to
the Protocol.
SEC. 128. AMENDMENT TO FEDERAL AVIATION ACT.
Section 902(n) of the Federal Aviation Act of 1958
(49 U.S.C. App. 1472(n)) is amended—
(1) by striking paragraph (3); and
(2) by redesignating paragraph (4) as para-
graph (3).
SEC. 129. OFFENSES OF VIOLENCE AGAINST MARITIME
NAVIGATION OR FIXED PLATFORMS.
(a) OFFENSE.—Chapter 111 of title 18, United
States Code, is amended by adding at the end the follow-
ing new sections:
‘‘§ 2280. Violence against maritime navigation
‘‘(a) OFFENSE.—Whoever unlawfully and inten-
tionally—
‘‘(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
an offense described in paragraph (1), (2), (3), (4),
(5), or (6); or
‘‘(8) attempts to commit any act prohibited
under paragraph (1), (2), (3), (4), (5), (6), or (7),
shall be fined under this title, imprisoned not more than
20 years, or both, and if the death of any person results
from conduct prohibited by this subsection, shall be pun-
ished by death or imprisoned for any term of years or for
life.
‘‘(b) THREATENED OFFENSE.—Whoever threatens to
commit any act prohibited under subsection (a)(2), (3),
or (5), with apparent determination and will to carry the
threat into execution, if the threatened act is likely to en-
danger the safe navigation of the ship in question, shall
be fined under this title, imprisoned not more than 5
years, or both.
‘‘(c) JURISDICTION.—There is jurisdiction over the
activity prohibited in subsections (a) and (b)—
‘‘(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) DELIVERY
OF PROBABLE OFFENDER.—The
master of a covered ship flying the flag of the United
States who has reasonable grounds to believe that he or
she has on board the ship any person who has committed
an offense under Article 3 of the Convention for the Sup-
pression 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 Gen-
eral of the United States of the alleged offense and await
instructions from the Attorney General as to what action
the master should take. When delivering the person to a
country which is a State Party to the Convention, the mas-
ter shall, whenever practicable, and if possible before en-
tering the territorial sea of such country, notify the au-
thorities of such country of his or her 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) DEFINITIONS.—As used in this section—
‘‘(1) ‘ship’ means a vessel of any type whatso-
ever not permanently attached to the seabed, includ-
ing dynamically supported craft, submersibles or any
other floating craft, but does not include a warship,
a ship owned or operated by a government when
being used as a naval auxiliary or for customs or po-
lice purposes, or a ship that has been withdrawn
from navigation or laid up;
‘‘(2) ‘covered ship’ means a ship that is navi-
gating 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) ‘national of the United States’ has the
meaning stated in section 101(a)(22) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(22));
‘‘(4) ‘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) ‘United States’, when used in a geographi-
cal sense, includes the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Marianas
Islands, and all territories and possessions of the
United States.
‘‘§ 2281. Violence against maritime fixed platforms
‘‘(a) OFFENSE.—Whoever unlawfully and inten-
tionally—
‘‘(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 that is likely to destroy the fixed platform or
likely to endanger its safety;
‘‘(5) injures or kills any person in connection
with the commission or attempted commission of an
offense described in paragraph (1), (2), (3), or (4);
or
‘‘(6) attempts to do anything prohibited under
paragraphs (1), (2), (3), (4), or (5);
shall be fined under this title, imprisoned not more than
20 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) THREATENED OFFENSE.—Whoever threatens to
do anything prohibited under subsection (a)(2) or (3),
with apparent determination and will to carry the threat
into execution, if the threatened act is likely to endanger
the safety of the fixed platform, shall be fined under this
title or imprisoned not more than 5 years, or both.
‘‘(c) JURISDICTION.—There is jurisdiction over the
activity prohibited in subsections (a) and (b) if—
‘‘(1) such activity is committed against or on
board a fixed platform—
‘‘(A) that is located on the continental
shelf of the United States;
‘‘(B) that is located on the continental
shelf of another country, by a national of the
United States or by a stateless person whose
habitual residence is in the United States; or
‘‘(C) in an attempt to compel the United
States to do or abstain from doing any act;
‘‘(2) during the commission of such activity
against or on board a fixed platform located on a
continental shelf, a national of the United States is
seized, threatened, injured or killed; or
‘‘(3) such activity is committed against or on
board a fixed platform located outside the United
States and beyond the continental shelf of the
United States and the offender is later found in the
United States.
‘‘(d) DEFINITIONS.—As used in this section—
‘‘(1) ‘continental shelf’ means the seabed and
subsoil of the submarine areas that extend beyond a
country’s territorial sea to the limits provided by
customary international law as reflected in Article
76 of the 1982 Convention on the Law of the Sea;
‘‘(2) ‘fixed platform’ means an artificial island,
installation or structure permanently attached to the
seabed for the purpose of exploration or exploitation
of resources or for other economic purposes;
‘‘(3) ‘national of the United States’ has the
meaning stated in section 101(a)(22) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(22));
‘‘(4) ‘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) ‘United States’, when used in a geographi-
cal sense, includes the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Marianas
Islands, and all territories and possessions of the
United States.’’.
(b) TECHNICAL AMENDMENT.—The chapter analysis
for chapter 111 of title 18, United States Code, is amend-
ed by adding at the end the following new items:
‘‘2280. Violence against maritime navigation.
‘‘2281. Violence against maritime fixed platforms.’’.
(c) EFFECTIVE DATES.—The amendments made by
this section shall take effect on the later of—
(1) the date of enactment of this Act; or
(2)(A) in the case of section 2280 of title 18,
United States Code, the date on which the Conven-
tion for the Suppression of Unlawful Acts Against
the Safety of Maritime Navigation has come into
force and the United States has become a party to
that Convention; and
(B) in the case of section 2281 of title 18,
United States Code, the date on which the Protocol
for the Suppression of Unlawful Acts Against the
Safety of Fixed Platforms Located on the Continen-
tal Shelf has come into force and the United States
has become a party to that Protocol.
SEC. 130. 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) ‘torture’ means an act committed by a per-
son acting under the color of law specifically in-
tended to inflict severe physical or mental pain or
suffering (other than pain or suffering incidental to
lawful sanctions) upon another person within his
custody or physical control;
‘‘(2) ‘severe mental pain or suffering’ means
the prolonged mental harm caused by or resulting
from—
‘‘(A) the intentional infliction or threat-
ened infliction of severe physical pain or
suffering;
‘‘(B) the administration or application, or
threatened administration or application, of
mind-altering substances or other procedures
calculated to disrupt profoundly the senses or
the personality;
‘‘(C) the threat of imminent death; or
‘‘(D) the threat that another person will
imminently be subjected to death, severe 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) ‘United States’ includes all areas under
the jurisdiction of the United States including any
of the places described in sections 5 and 7 of this
title and section 101(38) of the Federal Aviation Act
of 1958 (49 U.S.C. App. 1301(38)).
‘‘§ 2340A. Torture
‘‘(a) OFFENSE.—Whoever outside the United States
commits or attempts to commit torture shall be fined
under this title or imprisoned not more than 20 years, or
both, and if death results to any person from conduct pro-
hibited by this subsection, shall be punished by death or
imprisoned for any term of years or for life.
‘‘(b) JURISDICTION.—There is jurisdiction over the
activity prohibited in subsection (a) if—
‘‘(1) the alleged offender is a national of the
United States; or
‘‘(2) the alleged offender is present in the
United States, irrespective of the nationality of the
victim or the alleged offender.
‘‘§ 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) TECHNICAL AMENDMENT.—The part analysis for
part I of title 18, United States Code, is amended by in-
serting after the item relating to chapter 113A the follow-
ing new item:
‘‘113B. Torture ..................................................................................... 2340.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the later of—
(1) the date of enactment of this Act; or
(2) the date on which the United States has be-
come a party to the Convention Against Torture and
Other Cruel, Inhuman or Degrading Treatment or
Punishment.
SEC. 131. WEAPONS OF MASS DESTRUCTION.
(a) FINDINGS.—The Congress finds that the use and
threatened use of weapons of mass destruction (as defined
in the amendment made by subsection (b)) gravely harm
the national security and foreign relations interests of the
United States, seriously affect interstate and foreign com-
merce, and disturb the domestic tranquility of the United
States.
(b) OFFENSE.—Chapter 113A of title 18, United
States Code, as amended by section 601(b), is amended
by adding at the end the following new section:
‘‘§ 2339A. Use of weapons of mass destruction
‘‘(a) OFFENSE.—Whoever uses, or attempts or con-
spires 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 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) DEFINITIONS.—As used in this section—
‘‘(1) ‘national of the United States’ has the
meaning stated in section 101(a)(22) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(22));
and
‘‘(2) ‘weapon of mass destruction’ means—
‘‘(A) a destructive device (as defined in
section 921);
‘‘(B) poison gas;
‘‘(C) a weapon involving a disease orga-
nism; and
‘‘(D) a weapon that is designed to release
radiation or radioactivity at a level dangerous
to human life.’’.
(c) TECHNICAL AMENDMENT.—The chapter analysis
for chapter 113A of title 18, United States Code, as
amended by section 601(c), is amended by adding at the
end the following new item:
‘‘2339A. Use of weapons of mass destruction.’’.
SEC. 132. HOMICIDES AND ATTEMPTED HOMICIDES IN-
VOLVING FIREARMS IN FEDERAL FACILITIES.
Section 930 of title 18, United States Code, is
amended—
(1) by redesignating subsections (c), (d), (e),
(f), and (g) as subsections (d), (e), (f), (g), and (h),
respectively;
(2) in subsection (a), by striking ‘‘(c)’’ and in-
serting ‘‘(d)’’; and
(3) by inserting after subsection (b) the follow-
ing new subsection:
‘‘(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)), be punished by
death or imprisoned for any term of years or for life;
and
‘‘(2) in the case of any other killing or an 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.’’.
SEC. 133. DEATH PENALTY FOR CIVIL RIGHTS MURDERS.
(a) CONSPIRACY AGAINST RIGHTS.—Section 241 of
title 18, United States Code, is amended by striking ‘‘shall
be subject to imprisonment for any term of years or for
life’’ and inserting ‘‘shall be punished by death or impris-
onment for any term of years or for life’’.
(b) DEPRIVATION
OF RIGHTS UNDER COLOR
OF
LAW.—Section 242 of title 18, United States Code, is
amended by striking ‘‘shall be subject to imprisonment for
any term of years or for life’’ and inserting ‘‘shall be pun-
ished by death or imprisonment for any term of years or
for life’’.
(c) FEDERALLY PROTECTED ACTIVITIES.—Section
245(b) of title 18, United States Code, is amended by
striking ‘‘shall be subject to imprisonment for any term
of years or for life’’ and inserting ‘‘shall be punished by
death or imprisonment for any term of years or for life’’.
(d) DAMAGE TO RELIGIOUS PROPERTY; OBSTRUC-
TION OF THE FREE EXERCISE OF RELIGIOUS RIGHTS.—
Section 247(c)(1) of title 18, United States Code, is
amended by inserting ‘‘the death penalty or’’ before ‘‘im-
prisonment’’.
SEC. 134. DEATH PENALTY FOR MURDER OF FEDERAL
WITNESSES.
Section 1512(a)(2)(A) of title 18, United States
Code, is amended to read as follows:
‘‘(A) in the case of murder (as defined in sec-
tion 1111), the death penalty or imprisonment for
life, and in the case of any other killing, the punish-
ment provided in section 1112;’’.
SEC. 135. DRIVE-BY SHOOTINGS.
(a) OFFENSE.—Chapter 44 of title 18, United States
Code, is amended by adding at the end the following new
section:
‘‘§ 931. Drive-by shootings
‘‘(a) OFFENSE.—Whoever knowingly discharges a
firearm at a person—
‘‘(1) in the course of or in furtherance of drug
trafficking activity; or
‘‘(2) from a motor vehicle,
shall be punished by imprisonment for not more than 25
years, and if death results shall be punished by death or
by imprisonment for any term of years or for life.
‘‘(b) DEFINITION.—As used in this section, the term
‘drug trafficking activity’ means a drug trafficking crime
(as defined in section 929(a)(2)), or a pattern or series
of acts involving one or more drug trafficking crimes.’’.
(b) TECHNICAL AMENDMENT.—The chapter analysis
for chapter 44 of title 18, United States Code, is amended
by adding at the end the following new item:
‘‘931. Drive-by shootings.’’.
SEC. 136. DEATH PENALTY FOR GUN MURDERS DURING
FEDERAL CRIMES OF VIOLENCE AND DRUG
TRAFFICKING CRIMES.
Section 924 of title 18, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(i) Whoever, in the course of a violation of sub-
section (c), causes the death of a person through the use
of a firearm, shall—
‘‘(1) if the killing is a murder (as defined in
section 1111), be punished by death or by imprison-
ment for any term of years or for life; and
‘‘(2) if the killing is manslaughter (as defined
in section 1112), be punished as provided in section
1112.’’.
SEC. 137. DEATH PENALTY FOR RAPE AND CHILD MOLES-
TATION MURDERS.
(a) OFFENSE.—Chapter 109A of title 18, United
States Code, is amended—
(1) by redesignating section 2245 as section
2246; and
(2) by inserting after section 2244 the following
new section:
‘‘§ 2245. Sexual abuse resulting in death
‘‘Whoever, in the course of an offense under this
chapter, engages in conduct that results in the death of
a person, shall be punished by death or imprisoned for
any term of years or for life.’’.
(b) TECHNICAL AMENDMENT.—The chapter analysis
for chapter 109A of title 18, United States Code, is
amended by striking the item relating to section 2245 and
inserting the following:
‘‘2245. Sexual abuse resulting in death.
‘‘2246. Definitions for chapter.’’.
SEC. 138. PROTECTION OF JURORS AND WITNESSES IN
CAPITAL CASES.
Section 3432 of title 18, United States Code, is
amended by striking the period and inserting: ‘‘, except
that the list of the veniremen and witnesses need not be
furnished if the court finds by a preponderance of the evi-
dence that providing the list may jeopardize the life or
safety of any person.’’.
SEC. 139. INAPPLICABILITY TO UNIFORM CODE OF MILI-
TARY JUSTICE.
The provisions of chapter 228 of title 18, United
States Code, as added by this Act, shall not apply to pros-
ecutions under the Uniform Code of Military Justice (10
U.S.C. 801 et seq.).
SEC. 140. DEATH PENALTY FOR CAUSING DEATH IN THE
SEXUAL EXPLOITATION OF CHILDREN.
Section 2251(d) of title 18, United States Code, is
amended by adding at the end the following new sentence:
‘‘Whoever, in the course of an offense under this section,
engages in conduct that results in the death of a person,
shall be punished by death or imprisoned for any term
of years or for life.’’.
SEC. 141. MURDER BY ESCAPED PRISONERS.
(a) OFFENSE.—Chapter 51 of title 18, United States
Code, as amended by section 110, is amended by adding
at the end the following new section:
‘‘§ 1119. Murder by escaped prisoners
‘‘(a) OFFENSE.—A person who, having escaped from
a Federal prison where the person was confined under a
sentence for a term of life imprisonment, kills another per-
son, shall be punished as provided in sections 1111 and
1112.
‘‘(b) DEFINITION.—As used in this section, the terms
‘Federal prison’ and ‘term of life imprisonment’ have the
meanings stated in section 1118.’’.
(b) TECHNICAL AMENDMENT.—The chapter analysis
for chapter 51 of title 18, United States Code, is amended
by adding at the end the following new item:
‘‘1119. Murder by escaped prisoners.’’.
SEC. 142. DEATH PENALTY FOR MURDERS IN THE DISTRICT
OF COLUMBIA.
Title 18 of the United States Code is amended—
(a) by adding the following new section at the
end of chapter 51:
‘‘§ 1118. Capital punishment for murders in the Dis-
trict of Columbia
‘‘(a) OFFENSE.— It is an offense to cause the death
of a person intentionally, knowingly, or through reckless-
ness manifesting extreme indifference to human life, or
to cause the death of a person through the intentional in-
fliction of serious bodily injury.
‘‘(b) FEDERAL JURISDICTION.—There is a Federal
jurisdiction over an offense described in this section if the
conduct resulting in death occurs in the District of
Columbia.
‘‘(c) PENALTY.—An offense described in this section
is a Class A felony. A sentence of death may be imposed
for an offense described in this section as provided in sub-
sections (d)–(1).
‘‘(d) MITIGATING FACTORS.—In determining wheth-
er to recommend a sentence of death, the jury shall con-
sider whether any aspect of the defendant’s character,
background, or record or any circumstance of the offense
that the defendant may proffer as a mitigating factor ex-
ists, including the following factors:
‘‘(1) MENTAL
CAPACITY.—The defendant’s
mental capacity to appreciate the wrongfulness of
his conduct or to conform his conduct to the require-
ments of law was significantly impaired.
‘‘(2) DURESS.—The defendant was under un-
usual and substantial duress.
‘‘(3) PARTICIPATION IN OFFENSE MINOR.—The
defendant is punishable as a principal (pursuant to
section 2 of this title) in the offense, which was com-
mitted by another, but the defendant’s participation
was relatively minor.
‘‘(e) 
AGGRAVATING
FACTORS.—In 
determining
whether to recommend a sentence of death, the jury shall
consider any aggravating factor for which notice has been
provided under subsection (f), including the following fac-
tors:
‘‘(1) KILLING
IN
FURTHERANCE
OF
DRUG
TRAFFICKING.—The defendant engaged in the con-
duct resulting in death in the course of or in fur-
therance of drug trafficking activity.
‘‘(2) KILLING IN THE COURSE OF OTHER SERI-
OUS VIOLENT CRIMES.—The defendant engaged in
the conduct resulting in death in the course of com-
mitting or attempting to commit an offense involving
robbery, burglary, sexual abuse, kidnaping, or arson.
‘‘(3) MULTIPLE KILLINGS OR ENDANGERMENT
OF OTHERS.—The defendant committed more than
one offense under this section, or in committing the
offense knowingly created a grave risk of death to
one or more persons in addition to the victim of the
offense.
‘‘(4) INVOLVEMENT OF FIREARM.—During and
in relation to the commission of the offense, the de-
fendant used or possessed a firearm as defined in
section 921 of this title.
‘‘(5) PREVIOUS CONVICTION OF VIOLENT FEL-
ONY.—The defendant has previously been convicted
of an offense punishable by a term of imprisonment
of more than one year that involved the use or at-
tempted or threatened use of force against a person
or that involved sexual abuse.
‘‘(6) 
KILLING
WHILE
INCARCERATED
OR
UNDER SUPERVISION.—The defendant at the time of
the offense was confined in or had escaped from a
jail, prison, or other correctional or detention facil-
ity, was on pre-trial release, or was on probation, pa-
role, supervised release, or other post-conviction con-
ditional release.
‘‘(7) HEINOUS, CRUEL OR DEPRAVED MANNER
OF COMMISSION.—The defendant committed the of-
fense in an especially heinous, cruel, or depraved
manner in that it involved torture or serious physical
abuse to the victim.
‘‘(8) PROCUREMENT OF THE OFFENSE BY PAY-
MENT.—The defendant procured the commission of
the offense by payment, or promise of payment, of
anything of pecuniary value.
‘‘(9) COMMISSION OF THE OFFENSE FOR PECU-
NIARY GAIN.—The defendant committed the offense
as consideration for receiving, or in the expectation
of receiving or obtaining, anything of pecuniary
value.
‘‘(10) 
SUBSTANTIAL
PLANNING
AND
PREMEDITATION.—The defendant committed the of-
fense after substantial planning and premeditation.
‘‘(11) VULNERABILITY OF VICTIM.—The victim
was particularly vulnerable due to old age, youth, or
infirmity.
‘‘(12) KILLING OF PUBLIC SERVANT.—The de-
fendant committed the offense against a public serv-
ant—
‘‘(i) while such public servant was engaged
in the performance of his or her official duties;
‘‘(ii) because of the performance of such
public servant’s official duties; or
‘‘(iii) because of such public servant’s sta-
tus as a public servant.
‘‘(13) KILLING TO INTERFERE WITH OR RE-
TALIATE
AGAINST
WITNESS.—The defendant com-
mitted the offense in order to prevent or inhibit any
person from testifying or providing information con-
cerning an offense, or to retaliate against any person
for testifying or providing such information.
‘‘(f) NOTICE OF INTENT TO SEEK DEATH PEN-
ALTY.—If the government intends to seek the death pen-
alty for an offense under this section, the attorney for the
government shall file with the court and serve on the de-
fendant a notice of such intent. The notice shall be pro-
vided a reasonable time before the trial or acceptance of
a guilty plea, or at such later time as the court may permit
for good cause. The notice shall set forth the aggravating
factor or factors set forth in subsection (e) and any other
aggravating factor or factors that the government will seek
to prove as the basis for the death penalty. The factors
for which notice is provided under this subsection may in-
clude factors concerning the effect of the offense on the
victim and the victim’s family. The court may permit the
attorney for the government to amend the notice upon a
showing of good cause.
‘‘(g) JUDGE AND JURY AT CAPITAL SENTENCING
HEARING.—A hearing to determine whether the death
penalty will be imposed for an offense under this section
shall be conducted by the judge who presided at trial or
accepted a guilty plea, or by another judge if that judge
is not available. The hearing shall be conducted before the
jury that determined the defendant’s guilt if that jury is
available. A new jury shall be impaneled for the purpose
of the hearing if the defendant pleaded guilty, the trial
of guilt was conducted without a jury, the jury that deter-
mined the defendant’s guilt was discharged for good
cause, or reconsideration of the sentence is necessary after
the initial imposition of a sentence of death. A jury
impaneled under this subsection shall have twelve mem-
bers unless the parties stipulate to a lesser number at any
time before the conclusion of the hearing with the approval
of the judge. Upon motion of the defendant, with the ap-
proval of the attorney for the government, the hearing
shall be carried out before the judge without a jury. If
there is no jury, references to ‘‘the jury’’ in this section,
where applicable, shall be understood as referring to the
judge.
‘‘(h) PROOF
OF MITIGATING
AND AGGRAVATING
FACTORS.—No presentence report shall be prepared if a
capital sentencing hearing is held under this section. Any
information relevant to the existence of mitigating factors,
or to the existence of aggravating factors for which notice
has been provided under subsection (f), may be presented
by either the government or the defendant, regardless of
its admissibility under the rules governing the admission
of evidence at criminal trials, except that information may
be excluded if its probative value is outweighed by the dan-
ger of creating unfair prejudice, confusing the issues, or
misleading the jury. The information presented may in-
clude trial transcripts and exhibits. The attorney for the
government and for the defendant shall be permitted to
rebut any information received at the hearing, and shall
be given fair opportunity to present argument as to the
adequacy of the information to establish the existence of
any aggravating or mitigating factor, and as to the appro-
priateness in that case of imposing a sentence of death.
The attorney for the government shall open the argument,
the defendant shall be permitted to reply, and the govern-
ment shall then be permitted to reply in rebuttal.
‘‘(i) FINDINGS OF AGGRAVATING AND MITIGATING
FACTORS.—The jury shall return special findings identify-
ing any aggravating factor or factors for which notice has
been provided under subsection (f) and which the jury
unanimously determines have been established by the gov-
ernment beyond a reasonable doubt. A mitigating factor
is established if the defendant has proven its existence by
a preponderance of the evidence, and any member of the
jury who finds the existence of such a factor may regard
it as established for purposes of this section regardless of
the number of jurors who concur that the factor has been
established.
‘‘(j) FINDING
CONCERNING
A
SENTENCE
OF
DEATH.—If the jury specially finds under subsection (i)
that one or more aggravating factors set forth in sub-
section (e) exist, and the jury further finds unanimously
that there are no mitigating factors or that the aggravat-
ing factor or factors specially found under subsection (i)
outweigh any mitigating factors, then the jury shall rec-
ommend a sentence of death. In any other case, the jury
shall not recommend a sentence of death. The jury shall
be instructed that it must avoid any influence of sym-
pathy, sentiment, passion, prejudice, or other arbitrary
factors in its decision, and should make such a rec-
ommendation as the information warrants.
‘‘(k) SPECIAL PRECAUTION TO ASSURE AGAINST
DISCRIMINATION.—In a hearing held before a jury, the
court, before the return of a finding under subsection (j),
shall instruct the jury that, in considering whether to rec-
ommend a sentence of death, it shall not consider the race,
color, religion, national origin, or sex of the defendant or
any victim, and that the jury is not to recommend a sen-
tence of death unless it has concluded that it would rec-
ommend a sentence of death for such a crime regardless
of the race, color, religion, national origin, or sex of the
defendant or any victim. The jury, upon the return of a
finding under subsection (j), shall also return to the court
a certificate, signed by each juror, that the race, color,
religion, national origin, or sex of the defendant or any
victim did not affect the juror’s individual decision and
that the individual juror would have recommended the
same sentence for such a crime regardless of the race,
color, religion, national origin, or sex of the defendant or
any victim.
‘‘(l) IMPOSITION OF A SENTENCE OF DEATH.—Upon
a recommendation under subsection (j) that a sentence of
death be imposed, the court shall sentence the defendant
to death. Otherwise the court shall impose a sentence,
other than death, authorized by law.
‘‘(m) REVIEW OF A SENTENCE OF DEATH.—
‘‘(1) The defendant may appeal a sentence of
death under this section by filing a notice of appeal
of the sentence within the time provided for filing a
notice of appeal of the judgment of conviction. An
appeal of a sentence under this subsection may be
consolidated within an appeal of the judgment of
conviction and shall have priority over all noncapital
matters in the court of appeals.
‘‘(2) The court of appeals shall review the en-
tire record in the case including the evidence submit-
ted at trial and information submitted during the
sentencing hearing, the procedures employed in the
sentencing hearing, and the special findings returned
under subsection (i). The court of appeals shall up-
hold the sentence if it determines that the sentence
of death was not imposed under the influence of pas-
sion, prejudice, or any other arbitrary factor, that
the evidence and information support the special
findings under subsection (i), and that the proceed-
ings were otherwise free of prejudicial error that was
properly preserved for review.
‘‘(3) In any other case, the court of appeals
shall remand the case for reconsideration of the sen-
tence or imposition of another authorized sentence
as appropriate, except that the court shall not re-
verse a sentence of death on the ground that an ag-
gravating factor was invalid or was not supported by
the evidence and information if at least one aggra-
vating factor described in subsection (e) remains
which was found to exist and the court, on the basis
of the evidence submitted at trial and the informa-
tion submitted at the sentencing hearing, finds that
the remaining aggravating factor or factors which
were found to exist outweigh any mitigating factors.
The court of appeals shall state in writing the rea-
sons for its disposition of an appeal of a sentence of
death under this section.
‘‘(n) IMPLEMENTATION OF SENTENCE OF DEATH.—
A person sentenced to death under this section shall be
committed to the custody of the Attorney General until
exhaustion of the procedures for appeal of the judgment
of conviction and review of the sentence. When the sen-
tence is to be implemented, the Attorney General shall re-
lease the person sentenced to death to the custody of a
United States Marshal. The Marshal shall supervise im-
plementation of the sentence in the manner prescribed by
the law of a State designated by the court. The Marshal
may use State or local facilities, may use the services of
an appropriate State or local official or of a person such
an official employs, and shall pay the costs thereof in an
amount approved by the Attorney General.
‘‘(o) SPECIAL BAR TO EXECUTION.—A sentence of
death shall not be carried out upon a woman while she
is pregnant.
‘‘(p) CONSCIENTIOUS OBJECTION TO PARTICIPATION
IN EXECUTION.—No employee of any State department
of corrections, the United States Marshals Service, or the
Federal Bureau of Prisons, and no person providing serv-
ices to that department, service, or bureau under contract
shall be required, as a condition of that employment or
contractual obligation, to be in attendance at or to partici-
pate in any execution carried out under this section if such
participation is contrary to the moral or religious convic-
tions of the employee. For purposes of this subsection, the
term ‘participate in any execution’ includes personal prep-
aration of the condemned individual and the apparatus
used for the execution, and supervision of the activities
of other personnel in carrying out such activities.
‘‘(q) APPOINTMENT
OF COUNSEL FOR INDIGENT
CAPITAL DEFENDANTS.—A defendant against whom a
sentence of death is sought, or on whom a sentence of
death has been imposed, under this section, shall be enti-
tled to appointment of counsel from the commencement
of trial proceedings until one of the conditions specified
in subsection (v) has occurred, if the defendant is or be-
comes financially unable to obtain adequate representa-
tion. Counsel shall be appointed for trial representation
as provided in section 3005 of this title, and at least one
counsel so appointed shall continue to represent the de-
fendant until the conclusion of direct review of the judg-
ment, unless replaced by the court with other qualified
counsel. Except as otherwise provided in this section, the
provisions of section 3006A of this title shall apply to ap-
pointments under this section.
‘‘(r) REPRESENTATION AFTER FINALITY OF JUDG-
MENT.—When a judgment imposing a sentence of death
under this section has become final through affirmance by
the Supreme Court on direct review, denial of certiorari
by the Supreme Court on direct review, or expiration of
the time for seeking direct review in the court of appeals
or the Supreme Court, the government shall promptly no-
tify the court that imposed the sentence. The court, within
10 days of receipt of such notice, shall proceed to make
determination whether the defendant is eligible for ap-
pointment of counsel for subsequent proceedings. The
court shall issue an order appointing one or more counsel
to represent the defendant upon a finding that the defend-
ant is financially unable to obtain adequate representation
and wishes to have counsel appointed or is unable com-
petently to decide whether to accept or reject appointment
of counsel. The court shall issue an order denying appoint-
ment of counsel upon a finding that the defendant is fi-
nancially able to obtain adequate representation or that
the defendant rejected appointment of counsel with an un-
derstanding of the consequences of that decision. Counsel
appointed pursuant to this subsection shall be different
from the counsel who represented the defendant at trial
and on direct review unless the defendant and counsel re-
quest a continuation or renewal of the earlier representa-
tion.
‘‘(s) STANDARDS FOR COMPETENCE OF COUNSEL.—
In relation to a defendant who is entitled to appointment
of counsel under subsections (q)–(r), at least one counsel
appointed for trial representation must have been admit-
ted to the bar for at least 5 years and have at least three
years of experience in the trial of felony cases in the Fed-
eral district courts. If new counsel is appointed after judg-
ment, at least one counsel so appointed must have been
admitted to the bar for at least 5 years and have at least
3 years of experience in the litigation of felony cases in
the Federal courts of appeals or the Supreme Court. The
court, for good cause, may appoint counsel who does not
meet these standards, but whose background, knowledge,
or experience would otherwise enable him or her to prop-
erly represent the defendant, with due consideration of the
seriousness of the penalty and the nature of the litigation.
‘‘(t) CLAIMS OF INEFFECTIVENESS OF COUNSEL IN
COLLATERAL PROCEEDINGS.—The ineffectiveness or in-
competence of counsel during proceedings on a motion
under section 2255 of title 28, United States Code, in a
case under this section shall not be a ground for relief
from the judgment or sentence in any proceeding. This
limitation shall not preclude the appointment of different
counsel at any stage of the proceedings.
‘‘(u) TIME FOR COLLATERAL ATTACK ON DEATH
SENTENCE.—A motion under section 2255 of title 28,
United States Code, attacking a sentence of death under
this section, or the conviction on which it is predicated,
must be filed within 90 days of the issuance of the order
under subsection (r) appointing or denying the appoint-
ment of counsel for such proceedings. The court in which
the motion is filed, for good cause shown, may extend the
time for filing for a period not exceeding 60 days. Such
a motion shall have priority over all non-capital matters
in the district court, and in the court of appeals on review
of the district court’s decision.
‘‘(v) STAY OF EXECUTION.—The execution of a sen-
tence of death under this section shall be stayed in the
course of direct review of the judgment and during the
litigation of an initial motion in the case under section
2255 of title 28, United States Code. The stay shall run
continuously following imposition of the sentence and shall
expire if—
‘‘(1) the defendant fails to file a motion under
section 2255 of title 28, United States Code, within
the time specified in subsection (u), or fails to make
a timely application for court of appeals review fol-
lowing the denial of such a motion by a district
court;
‘‘(2) upon completion of district court and court
of appeals review under section 2255 of title 28,
United States Code, the Supreme Court disposes of
a petition for certiorari in a manner that leaves the
capital sentence undisturbed, or the defendant fails
to file a timely petition for certiorari; or
‘‘(3) before a district court, in the presence of
counsel and after having been advised of the con-
sequences of such a decision, the defendant waives
the right to file a motion under section 2255 of title
28, United States Code.
‘‘(w) FINALITY OF THE DECISION ON REVIEW.—If
one of the conditions specified in subsection (v) has oc-
curred, no court thereafter shall have the authority to
enter a stay of execution or grant relief in the case un-
less—
‘‘(1) the basis for the stay and request for relief
is a claim not presented in earlier proceedings;
‘‘(2) the failure to raise the claim is the result
of governmental action in violation of the Constitu-
tion or laws of the United States, the result of the
Supreme Court’s recognition of a new Federal right
that is retroactively applicable, or the result of the
fact that the factual predicate of the claim could not
have been discovered through the exercise of reason-
able diligence in time to present the claim in earlier
proceedings; and
‘‘(3) the facts underlying the claim would be
sufficient, if proven, to undermine the court’s con-
fidence in the determination of guilt on the offense
or offenses for which the death penalty was imposed.
‘‘(x) DEFINITIONS.—For purposes of this section—
‘‘(1) ‘State’ has the meaning given in section
513 of this title, including the District of Columbia;
‘‘(2) ‘Offense’, as used in paragraphs (2), (5),
and (13) of subsection (e), and in paragraph (5) of
this subsection, means an offense under the law of
the District of Columbia, another State, or the
United States;
‘‘(3) ‘Drug trafficking activity’ means a drug
trafficking crime as defined in section 929(a)(2) of
this title, or a pattern or series of acts involving one
or more drug trafficking crimes;
‘‘(4) ‘Robbery’ means obtaining the property of
another by force or threat of force;
‘‘(5) ‘Burglary’ means entering or remaining in
a building or structure in violation of the law of the
District of Columbia, another State, or the United
States, with the intent to commit an offense in the
building or structure;
‘‘(6) ‘Sexual abuse’ means any conduct pro-
scribed by chapter 109A of this title, whether or not
the conduct occurs in the special maritime and terri-
torial jurisdiction of the United States;
‘‘(7) ‘Arson’ means damaging or destroying a
building or structure through the use of fire or
explosives;
‘‘(8) ‘Kidnapping’ means seizing, confining, or
abducting a person, or transporting a person without
his or her consent;
‘‘(9) ‘Pre-trial release’, ‘probation’, ‘parole’, ‘su-
pervised release’, and ‘other post-conviction condi-
tional release’, as used in subsection (e)(6), mean
any such release, imposed in relation to a charge or
conviction for an offense under the law of the Dis-
trict of Columbia, another State, or the United
States; and
‘‘(10) ‘Public servant’ means an employee,
agent, officer, or official of the District of Columbia,
another State, or the United States, or an employee,
agent, officer, or official of a foreign government
who is within the scope of section 1116 of this title.
‘‘(y) When an offense is charged under this section,
the government may join any charge under the District
of Columbia Code that arises from the same incident.’’;
and
(b) by adding the following at the end of the
table of sections for chapter 51:
‘‘1118. Capital punishment for murders in the District of Columbia.’’.
TITLE II—HABEAS CORPUS
REFORM
Subtitle A—General Habeas Corpus
Reform
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Habeas Corpus Re-
form Act of 1993’’.
SEC. 202. PERIOD OF LIMITATION.
Section 2244 of title 28, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(d) A one-year period of limitation shall apply to an
application for a writ of habeas corpus by a person in cus-
tody pursuant to the judgment of a State court. The limi-
tation period shall run from the latest of—
‘‘(1) the time at which State remedies are ex-
hausted;
‘‘(2) the time at which the impediment to filing
an application created by State action in violation of
the Constitution or laws of the United States is re-
moved, where the applicant was prevented from fil-
ing by such State action;
‘‘(3) the time at which the Federal right as-
serted was initially recognized by the Supreme
Court, where the right has been newly recognized by
the Court and is retroactively applicable; or
‘‘(4) the time at which the factual predicate of
the claim or claims presented could have been dis-
covered through the exercise of reasonable dili-
gence.’’.
SEC. 203. APPEAL.
Section 2253 of title 28, United States Code, is
amended to read as follows:
‘‘§ 2253. Appeal
‘‘In a habeas corpus proceeding or a proceeding
under section 2255 before a circuit or district judge, the
final order shall be subject to review, on appeal, by the
court of appeals for the circuit where the proceeding is
had.
‘‘There shall be no right of appeal from such an order
in a proceeding to test the validity of a warrant to remove,
to another district or place for commitment or trial, a per-
son charged with a criminal offense against the United
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 subsections (d), (e), and
(f) as subsections (e), (f), and (g), respectively;
(3) by inserting after subsection (c) the follow-
ing new subsection:
‘‘(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.’’;
(4) by amending subsection (e), as redesignated
by paragraph (2), 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.’’; and
(5) by adding at the end the following new sub-
section:
‘‘(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—
(1) by striking the second paragraph and the
penultimate paragraph; and
(2) by adding at the end 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—
‘‘(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. 211. SHORT TITLE FOR SUBTITLE B.
This subtitle may be cited as the ‘‘Death Penalty
Litigation Procedures Act of 1993’’.
SEC. 212. DEATH PENALTY LITIGATION PROCEDURES.
(a) ADDITION OF CHAPTER TO TITLE 28, UNITED
STATES CODE.—Title 28, United States Code, is amended
by inserting after chapter 153 the following new chapter:
‘‘CHAPTER 154—SPECIAL HABEAS CORPUS
PROCEDURES IN CAPITAL CASES
‘‘Sec.
‘‘2256. Prisoners in State custody subject to capital sentence; appointment of
counsel; requirement of rule of court or statute; procedures for
appointment.
‘‘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. Prisoners in State custody subject to capital
sentence; appointment of counsel; re-
quirement of rule of court or statute; pro-
cedures for appointment
‘‘(a) APPLICATION OF CHAPTER.—This chapter shall
apply to cases arising under section 2254 brought by pris-
oners in State custody who are subject to a capital sen-
tence. It shall apply only if the provisions of subsections
(b) and (c) are satisfied.
‘‘(b) ESTABLISHMENT
OF APPOINTMENT MECHA-
NISM.—This chapter is applicable if a State establishes by
rule of its court of last resort or by statute a mechanism
for the appointment, compensation and payment of rea-
sonable litigation expenses of competent counsel in State
postconviction proceedings brought by indigent prisoners
whose capital convictions and sentences have been upheld
on direct appeal to the court of last resort in the State
or have otherwise become final for State law purposes. The
rule of court or statute must provide standards of com-
petency for the appointment of such counsel.
‘‘(c) OFFER OF COUNSEL.—Any mechanism for the
appointment, compensation and reimbursement of counsel
as provided in subsection (b) must offer counsel to all
State prisoners under capital sentence and must provide
for the entry of an order by a court of record—
‘‘(1) appointing 1 or more counsel to represent
the prisoner upon a finding that the prisoner is indi-
gent and accepted the offer or is unable competently
to decide whether to accept or reject the offer;
‘‘(2) finding, after a hearing if necessary, that
the prisoner rejected the offer of counsel and made
the decision with an understanding of its legal con-
sequences; or
‘‘(3) denying the appointment of counsel upon
a finding that the prisoner is not indigent.
‘‘(d) PREVIOUS REPRESENTATION.—No counsel ap-
pointed pursuant to subsections (b) and (c) to represent
a State prisoner under capital sentence shall have pre-
viously represented the prisoner at trial or on direct appeal
in the case for which the appointment is made unless the
prisoner and counsel expressly request continued represen-
tation.
‘‘(e) NO GROUND FOR RELIEF.—The ineffectiveness
or incompetence of counsel during State or Federal collat-
eral postconviction proceedings in a capital case shall not
be a ground for relief in a proceeding arising under section
2254. This limitation shall not preclude the appointment
of different counsel, on the court’s own motion or at the
request of the prisoner, at any phase of State or Federal
postconviction proceedings on the basis of the ineffective-
ness or incompetence of counsel in such proceedings.
‘‘§ 2257. Mandatory stay of execution; duration; limits
on stays of execution; successive peti-
tions
‘‘(a) STAY.—Upon the entry in the appropriate State
court of record of an order under section 2256(c), a war-
rant or order setting an execution date for a State pris-
oner shall be stayed upon application to any court that
would have jurisdiction over any proceedings filed under
section 2254. The application must recite that the State
has invoked the postconviction review procedures of this
chapter and that the scheduled execution is subject to
stay.
‘‘(b) EXPIRATION OF STAY.—A stay of execution
granted pursuant to subsection (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;
‘‘(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 cer-
tiorari has expired and no petition has been
filed;
‘‘(B) a timely petition for certiorari was
filed and the Supreme Court denied the peti-
tion; or
‘‘(C) a timely petition for certiorari was
filed and upon consideration of the case, the
Supreme Court disposed of it in a manner that
left the capital sentence undisturbed; or
‘‘(3) before a court of competent jurisdiction, in
the presence of counsel and after having been 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.
100
‘‘(c) LIMITATION ON FURTHER STAY.—If one of the
conditions in subsection (b) has occurred, no Federal court
thereafter shall have the authority to enter a stay of execu-
tion or grant relief in a capital case unless—
‘‘(1) the basis for the stay and request for relief
is a claim not previously presented in the State or
Federal courts;
‘‘(2) the failure to raise the claim is—
‘‘(A) the result of State action in violation
of the Constitution or laws of the United
States;
‘‘(B) the result of the Supreme Court rec-
ognition of a new Federal right that is retro-
actively applicable; or
‘‘(C) based on a factual predicate that
could not have been discovered through the ex-
ercise 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.
101
‘‘§ 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
180 days from the filing in the appropriate State court
of record of an order under section 2256(c). The time re-
quirements 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
102
‘‘(3) during an additional period not to exceed
60 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) REVIEW OF RECORD; HEARING.—Whenever a
State prisoner under a capital sentence files a petition for
habeas corpus relief to which this chapter applies, the dis-
trict court shall—
‘‘(1) determine the sufficiency of the record for
habeas corpus review based on the claims actually
presented and litigated in the State courts except
when the prisoner can show that the failure to raise
or develop a claim in the State courts is—
‘‘(A) the result of State action in violation
of the Constitution or laws of the United
States;
103
‘‘(B) the result of the Supreme Court rec-
ognition of a new Federal right that is retro-
actively applicable; or
‘‘(C) based on a factual predicate that
could not have been discovered through the ex-
ercise 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) ADJUDICATION.—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 sen-
tence 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
this chapter except when a second or successive petition
is filed.
104
‘‘§ 2261. Application to State unitary review proce-
dure
‘‘(a) IN GENERAL.—For purposes of this section, the
term ‘unitary review procedure’ means a State procedure
that authorizes a person under sentence of death to raise,
in the course of direct review of the judgment, such claims
as could be raised on collateral attack. 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 reason-
able litigation expenses of competent counsel in the uni-
tary review proceedings, including expenses relating to the
litigation of collateral claims in the proceedings. The rule
of court or statute must provide standards of competency
for the appointment of such counsel.
‘‘(b) OFFER OF COUNSEL.—A unitary review proce-
dure, to qualify under this section, must include an offer
of counsel following trial for the purpose of representation
on unitary review, and entry of an order, as provided in
section 2256(c), concerning appointment of counsel or
waiver or denial of appointment of counsel for that pur-
pose. No counsel appointed to represent the prisoner in
the unitary review proceedings shall have previously rep-
resented the prisoner at trial in the case for which the
105
appointment is made unless the prisoner and counsel ex-
pressly request continued representation.
‘‘(c) APPLICATION OF OTHER SECTIONS.—Sections
2257, 2258, 2259, 2260, and 2262 shall apply in relation
to cases involving a sentence of death from any State hav-
ing a unitary review procedure that qualifies under this
section. References to State ‘post-conviction review’ and
‘direct review’ in those sections shall be understood as re-
ferring to unitary review under the State procedure. The
references in sections 2257(a) and 2258 to ‘an order
under section 2256(c)’ shall be understood as referring to
the post-trial order under subsection (b) concerning rep-
resentation 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, the start of the 180-day limitation period under sec-
tion 2258 shall be deferred until a transcript is made
available to the prisoner or the prisoner’s counsel.
‘‘§ 2262. Limitation periods for determining petitions
‘‘(a) IN GENERAL.—The adjudication of any petition
under section 2254 that is subject to this chapter, and
the adjudication of any motion under section 2255 by a
person under sentence of death, shall be given priority by
the district court and by the court of appeals over all
106
noncapital matters. The adjudication of such a petition or
motion shall be subject to the following time limitations:
‘‘(1) A Federal district court shall determine
such a petition or motion within 110 days of filing.
‘‘(2)(A) The court of appeals shall hear and de-
termine any appeal relating to such a petition or
motion within 90 days after the notice of appeal is
filed.
‘‘(B) The court of appeals shall decide any ap-
plication for rehearing en banc within 20 days of the
filing of the application unless a responsive pleading
is required, in which case the court of appeals shall
decide the application within 20 days of the filing of
the responsive pleading. If en banc consideration is
granted, the en banc court shall determine the ap-
peal within 90 days of the decision to grant such
consideration.
‘‘(3) The Supreme Court shall act on any appli-
cation for a writ of certiorari relating to such a peti-
tion or motion within 90 days after the application
is filed.
‘‘(b) APPLICATION OF SECTION.—The time limita-
tions under subsection (a) shall apply to an initial petition
or motion, and to any second or successive petition or mo-
tion. The same limitations shall also apply to the redeter-
107
mination of a petition or motion or related appeal follow-
ing a remand by the court of appeals or the Supreme
Court for further proceedings, and in such a case the limi-
tation period shall run from the date of the remand.
‘‘(c) RULE OF CONSTRUCTION.—The time limitations
under this section shall not be construed to entitle a peti-
tioner or movant to a stay of execution, to which the peti-
tioner or movant would otherwise not be entitled, for the
purpose of litigating any petition, motion, or appeal.
‘‘(d) NO GROUND FOR RELIEF.—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 Gov-
ernment may enforce the time limitations under this sec-
tion by applying to the court of appeals or the Supreme
Court for a writ of mandamus.
‘‘(e) REPORT.—The Administrative Office of the
United States Courts shall report annually to Congress on
the compliance by the courts with the time limits estab-
lished in this section.
‘‘§ 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.’’.
108
(b) TECHNICAL AMENDMENT.—The part analysis for
part IV of title 28, United States Code, is amended by
adding after the item relating to chapter 153 the following
new item:
‘‘154.
Special
habeas
corpus
procedures
in
capital
cases ............................................................................ 2256.’’.
Subtitle C—Equalization of Capital
Habeas Corpus Litigation Funding
SEC. 221. FUNDING FOR DEATH PENALTY PROSECUTIONS.
Part E of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is
amended by inserting after section 511 the following new
section:
‘‘FUNDING FOR DEATH PENALTY PROSECUTIONS
‘‘SEC. 511A. Notwithstanding any other provision of
this part, the Director shall provide grants to the States,
from the funding allocated pursuant to section 511, for
the purpose of supporting litigation pertaining to Federal
habeas corpus petitions in capital cases. The total funding
available for such grants within any fiscal year shall be
equal to the funding provided to capital resource centers,
pursuant to Federal appropriation, in the same fiscal
year.’’.
109
TITLE III—EXCLUSIONARY RULE
SEC. 301. ADMISSIBILITY OF CERTAIN EVIDENCE.
(a) IN GENERAL.—Chapter 223 of title 18, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 3509. Admissibility of evidence obtained by search
or seizure
‘‘(a) EVIDENCE OBTAINED BY OBJECTIVELY REA-
SONABLE SEARCH OR SEIZURE.—Evidence that is ob-
tained as a result of a search or seizure shall not be ex-
cluded in a proceeding in a court of the United States
on the ground that the search or seizure was in violation
of the fourth amendment to the Constitution of the United
States, if the search or seizure was carried out in cir-
cumstances justifying an objectively reasonable belief that
it was in conformity with the fourth amendment. The fact
that evidence was obtained pursuant to and within the
scope of a warrant constitutes prima facie evidence of the
existence of such circumstances.
‘‘(b) EVIDENCE NOT EXCLUDABLE BY STATUTE OR
RULE.—Evidence shall not be excluded in a proceeding
in a court of the United States on the ground that it was
obtained in violation of a statute, an administrative rule
or regulation, or a rule of procedure unless exclusion is
110
expressly authorized by statute or by a rule prescribed by
the Supreme Court pursuant to statutory authority.
‘‘(c) RULE OF CONSTRUCTION.—This section shall
not be construed to require or authorize the exclusion of
evidence in any proceeding.’’.
(b) TECHNICAL AMENDMENT.—The chapter analysis
for chapter 223 of title 28, United States Code, is amend-
ed by adding at the end the following new item:
‘‘3509. Admissibility of evidence obtained by search or seizure.’’.
TITLE IV—RURAL CRIME AND
DRUG CONTROL
Subtitle A—Drug Trafficking in
Rural Areas
SEC. 401. AUTHORIZATIONS FOR RURAL LAW ENFORCE-
MENT AGENCIES.
(a) AUTHORIZATION OF APPROPRIATIONS.—Section
1001(a) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 is amended by adding at the end the
following new paragraph:
‘‘(7) There are authorized to be appropriated
$50,000,000 for fiscal year 1994 and such sums as
are necessary for fiscal years 1995 and 1996 to
carry out part O of this title.’’.
(b) AMENDMENT
TO BASE ALLOCATION.—Section
1501(a)(2)(A) of title I of the Omnibus Crime Control and
111
Safe Streets Act of 1968 is amended by striking
‘‘$100,000’’ and inserting ‘‘$250,000’’.
SEC. 402. RURAL CRIME AND DRUG ENFORCEMENT TASK
FORCES.
(a) ESTABLISHMENT.—Not later than 90 days after
the date of enactment of this Act, the Attorney General,
in consultation with the Governors, mayors, and chief ex-
ecutive officers of State and local law enforcement agen-
cies, shall establish a Rural Crime and Drug Enforcement
Task Force in each of the Federal judicial districts which
encompass significant rural lands.
(b) TASK FORCE MEMBERSHIP.—The task forces es-
tablished under subsection (a) shall be chaired by the
United States Attorney for the respective Federal judicial
district. The task forces shall include representatives
from—
(1) State and local law enforcement agencies;
(2) the Drug Enforcement Administration;
(3) the Federal Bureau of Investigation;
(4) the Immigration and Naturalization Service;
(5) the Customs Service;
(6) the United States Marshals Service; and
(7) law enforcement officers from the United
States Park Police, United States Forest Service
and Bureau of Land Management, and such other
112
Federal law enforcement agencies as the Attorney
General may direct.
SEC. 403. CROSS-DESIGNATION OF FEDERAL OFFICERS.
(a) IN GENERAL.—The Attorney General may cross-
designate up to 100 law enforcement officers from each
of the agencies specified under section 1502(b)(6) with ju-
risdiction to enforce the provisions of the Controlled Sub-
stances Act on non-Federal lands and title 18 of the
United States Code to the extent necessary to effect the
purposes of this Act.
(b) ADEQUATE STAFFING.—The Attorney General
shall ensure that each of the task forces established in ac-
cordance with this title are adequately staffed with inves-
tigators and that additional investigators are provided
when requested by the task force.
SEC. 404. RURAL DRUG ENFORCEMENT TRAINING.
(a) SPECIALIZED
TRAINING
FOR
RURAL
OFFI-
CERS.—The Director of the Federal Law Enforcement
Training Center shall develop a specialized course of in-
struction devoted to training law enforcement officers
from rural agencies in the investigation of drug trafficking
and related crimes.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out subsection (a)
$1,000,000 for each of fiscal years 1994, 1995, and 1996.
113
Subtitle B—Rural Drug Prevention
and Treatment
SEC. 411. RURAL SUBSTANCE ABUSE TREATMENT AND EDU-
CATION GRANTS.
Part A of title V of the Public Health Service Act
(42 U.S.C. 290aa et seq.) is amended by adding at the
end the following new section:
‘‘SEC. 509H. RURAL SUBSTANCE ABUSE TREATMENT.
‘‘(a) IN GENERAL.—The Director of the Office for
Treatment Improvement (referred to in this section as the
‘Director’) shall establish a program to provide grants to
hospitals, community health centers, migrant health cen-
ters, health entities of Indian tribes and tribal organiza-
tions (as defined in section 1913(b)(5)), and other appro-
priate entities that serve nonmetropolitan areas to assist
such entities in developing and implementing projects that
provide, or expand the availability of, substance abuse
treatment services.
‘‘(b) REQUIREMENTS.—To receive a grant under this
section a hospital, community health center, or treatment
facility shall—
‘‘(1) serve a nonmetropolitan area or have a
substance abuse treatment program that is designed
to serve a nonmetropolitan area;
114
‘‘(2) operate, or have a plan to operate, an ap-
proved substance abuse treatment program;
‘‘(3) agree to coordinate the project assisted
under this section with substance abuse treatment
activities within the State and local agencies respon-
sible for substance abuse treatment; and
‘‘(4) prepare and submit an application in ac-
cordance with subsection (c).
‘‘(c) APPLICATION.—
‘‘(1) IN GENERAL.—To be eligible to receive a
grant under this section an entity shall submit an
application to the Director at such time, in such
manner, and containing such information as the Di-
rector shall require.
‘‘(2) 
COORDINATED
APPLICATIONS.—State
agencies that are responsible for substance abuse
treatment may submit coordinated grant applica-
tions on behalf of entities that are eligible for grants
pursuant to subsection (b).
‘‘(d) PREVENTION PROGRAMS.—
‘‘(1) IN
GENERAL.—Each entity receiving a
grant under this section may use a portion of such
grant funds to further community-based substance
abuse prevention activities.
115
‘‘(2) REGULATIONS.—The Director, in con-
sultation with the Director of the Office of Sub-
stance Abuse Prevention, shall promulgate regula-
tions regarding the activities described in paragraph
(1).
‘‘(e) SPECIAL CONSIDERATION.—In awarding grants
under this section the Director shall give priority to—
‘‘(1) projects sponsored by rural hospitals that
are qualified to receive rural health care transition
grants as provided for in section 4005(e) of the Om-
nibus Budget Reconciliation Act of 1987;
‘‘(2) projects serving nonmetropolitan areas
that establish links and coordinate activities between
hospitals, community health centers, community
mental health centers, and substance abuse treat-
ment centers; and
‘‘(3) projects that are designed to serve areas
that have no available existing treatment facilities.
‘‘(f) DURATION.—Grants awarded under subsection
(a) shall be for a period not to exceed 3 years, except that
the Director may establish a procedure for renewal of
grants under subsection (a).
‘‘(g) GEOGRAPHIC DISTRIBUTION.—To the extent
practicable, the Director shall provide grants to fund at
least one project in each State.
116
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out this section there is authorized
to be appropriated $25,000,000 for each of fiscal years
1994 and 1995.’’.
Subtitle C—Rural Areas
Enhancement
SEC. 421. ASSET FORFEITURE.
The assets seized as a result of investigations initi-
ated by a Rural Drug Enforcement Task Force shall be
used primarily to enhance the operations of the task force
and its participating State and local enforcement agencies.
SEC. 422. PROSECUTION OF CLANDESTINE LABORATORY
OPERATORS.
(a) CRIMINAL CHARGES.—State and Federal pros-
ecutors, when bringing charges against the operators of
clandestine methamphetamine and other dangerous drug
laboratories, shall, to the fullest extent possible, include,
in addition to drug-related counts, counts involving in-
fringements of the Resource Conservation and Recovery
Act or any other environmental protection Act, includ-
ing—
(1) illegal disposal of hazardous waste; and
(2) knowing endangerment of the environment.
(b) CIVIL ACTIONS.—Federal prosecutors may bring
suit against the operators of clandestine methamphet-
117
amine and other dangerous drug laboratories for environ-
mental and health related damages caused by the opera-
tors in their manufacture of illicit substances.
TITLE V—FIREARMS AND
RELATED AMENDMENTS
Subtitle A—General Provisions
SEC. 
501. 
SMUGGLING 
FIREARMS 
IN 
AID 
OF 
DRUG
TRAFFICKING.
Section 924 of title 18, United States Code, as
amended by section 136, is amended by adding at the end
the following new subsection:
‘‘(j) Whoever, with the intent to engage in or to pro-
mote conduct that—
‘‘(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) of this section),
118
smuggles or knowingly brings into the United States a
firearm, or attempts to do so, shall be imprisoned not
more than 10 years, fined under this title, or both.’’.
SEC. 502. PROHIBITION AGAINST THEFT OF FIREARMS OR
EXPLOSIVES.
(a) FIREARMS.—Section 924 of title 18, United
States Code, is amended by adding at the end the follow-
ing new subsection:
‘‘(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 not more than 10 years,
fined in accordance with this title, or both.’’.
(b) EXPLOSIVES.—Section 844 of title 18, United
States Code, is amended by adding at the end the follow-
ing new subsection:
‘‘(j) 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 not more
than 10 years, fined in accordance with this title, or
both.’’.
119
SEC. 503. 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. 504. SUMMARY DESTRUCTION OF EXPLOSIVES SUB-
JECT TO FORFEITURE.
Section 844(c) of title 18, United States Code, is
amended—
(1) by inserting ‘‘(1)’’ before ‘‘Any’’; and
(2) by adding at the end the following new
paragraphs:
‘‘(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 where
it is impracticable or unsafe to remove the materials to
a place of storage, or where it is unsafe to store them,
the seizing officer may destroy the explosive materials
forthwith. Any destruction under this paragraph shall be
in the presence of at least one credible witness. The seizing
120
officer shall make a report of the seizure and take samples
as the Secretary may by regulation prescribe.
‘‘(3) Within 60 days after any destruction made pur-
suant to paragraph (2), the owner of, including any person
having an interest in, the property so destroyed may make
application to the Secretary for reimbursement of the
value of the property. If the claimant establishes to the
satisfaction of the Secretary that—
‘‘(A) the property has not been used or involved
in a violation of law; or
‘‘(B) any unlawful involvement or use of the
property was without the claimant’s knowledge, con-
sent, or willful blindness,
the Secretary shall make an allowance to the claimant not
exceeding the value of the property destroyed.’’.
SEC. 505. 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
121
(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. 506. RECEIPT OF FIREARMS BY NONRESIDENT.
Section 922(a) of title 18, United States Code, is
amended—
(1) in paragraph (7)(C) by striking ‘‘and’’;
(2) in paragraph (8)(C) by striking the period
and inserting ‘‘; and’’; and
(3) by adding at the end the following new
paragraph:
‘‘(9) for any person, other than a licensed im-
porter, licensed manufacturer, licensed dealer, or li-
censed collector, who does not reside in any State to
receive any firearms unless such receipt is for lawful
sporting purposes.’’.
SEC. 507. PROHIBITION OF THEFT OF FIREARMS OR EXPLO-
SIVES FROM LICENSEE.
(a) FIREARMS.—Section 924 of title 18, United
States Code, as amended by section 402(a), is amended
by adding at the end the following new subsection:
‘‘(k) Whoever steals any firearm from a licensed im-
porter, licensed manufacturer, licensed dealer, or licensed
collector shall be fined in accordance with this title, im-
prisoned not more than 10 years, or both.’’.
122
(b) EXPLOSIVES.—Section 844 of title 18, United
States Code, as amended by section 402(b), is amended
by adding at the end the following new subsection:
‘‘(k) Whoever steals any explosive material from a li-
censed importer, licensed manufacturer, licensed dealer, or
permittee shall be fined in accordance with this title, im-
prisoned not more than 10 years, or both.’’.
SEC. 508. INCREASED PENALTY FOR INTERSTATE GUN
TRAFFICKING.
Section 924 of title 18, United States Code, as
amended by section 407(a), is amended by adding at the
end the following new subsection:
‘‘(l) Whoever, with the intent to engage in conduct
that constitutes a violation of section 922(a)(1)(A), travels
from any State or foreign country into any other State
and acquires, or attempts to acquire, a firearm in such
other State in furtherance of such purpose shall be impris-
oned for not more than 10 years.’’.
SEC. 509. PROHIBITION OF TRANSACTIONS INVOLVING
STOLEN FIREARMS WHICH HAVE MOVED IN
INTERSTATE OR FOREIGN COMMERCE.
Section 922(j) of title 18, United States Code, is
amended to read as follows:
‘‘(j) It shall be unlawful for any person to receive,
possess, conceal, store, barter, sell, or dispose of any stolen
123
firearm or stolen ammunition, or pledge or accept as secu-
rity for a loan any stolen firearm or stolen ammunition,
which is moving as, which is a part of, which constitutes,
or which has been shipped or transported in, interstate
or foreign commerce, either before or after it was stolen,
knowing or having reasonable cause to believe that the
firearm or ammunition was stolen.’’.
SEC. 510. 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. 511. DISPOSITION OF FORFEITED FIREARMS.
Subsection 5872(b) of the Internal Revenue Code of
1986 is amended to read as follows:
‘‘(b) DISPOSAL.—In the case of the forfeiture of any
firearm, where there is no remission or mitigation of for-
feiture thereof—
‘‘(1) the Secretary may retain the firearm for
official use of the Department of the Treasury or, if
not so retained, offer to transfer the weapon without
charge to any other executive department or inde-
pendent establishment of the Government for official
use by it and, if the offer is accepted, so transfer the
firearm;
124
‘‘(2) if the firearm is not disposed of pursuant
to paragraph (1), is a firearm other than a machine-
gun or firearm forfeited for a violation of this chap-
ter, is a firearm that in the opinion of the Secretary
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 in-
jury, and is a firearm which (in the judgment of the
Secretary, taking into consideration evidence of
present value and evidence that like firearms are not
available except as collector’s items, or that the
value of like firearms available in ordinary commer-
cial channels is substantially less) derives a substan-
tial part of its monetary value from the fact that it
is novel or rare or because of its association with
some historical figure, period, or event, the Sec-
retary may sell the firearm, after public notice, at
public sale to a dealer licensed under chapter 44 of
title 18, United States Code;
‘‘(3) if the firearm has not been disposed or
pursuant to paragraph (1) or (2), the Secretary
shall transfer the firearm to the Administrator of
General Services, who shall destroy or provide for
the destruction of such firearm; and
125
‘‘(4) no decision or action of the Secretary pur-
suant to this subsection shall be subject to judicial
review.’’.
SEC. 512. DEFINITION OF BURGLARY UNDER THE ARMED
CAREER CRIMINAL STATUTE.
Section 924(e)(2) of title 18, United States Code, is
amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (B);
(2) by striking the period at the end of sub-
paragraph (C) and inserting ‘‘; and’’; and
(3) by adding at the end the following new sub-
paragraph:
‘‘(D) the term ‘burglary’ means a crime that—
‘‘(i) consists of entering or remaining sur-
reptitiously within a building that is the prop-
erty of another person with intent to engage in
conduct constituting a Federal or State offense;
and
‘‘(ii) is punishable by a term of imprison-
ment exceeding 1 year.’’.
126
Subtitle B—Brady Handgun
Violence Prevention Act
SEC. 521. SHORT TITLE.
This subtitle may be cited as the ‘‘Brady Handgun
Violence Prevention Act’’.
SEC. 522. FEDERAL FIREARMS LICENSEE REQUIRED TO
CONDUCT CRIMINAL BACKGROUND CHECK
BEFORE 
TRANSFER 
OF 
FIREARM 
TO
NONLICENSEE.
(a) INTERIM PROVISION.—
(1) IN
GENERAL.—Section 922 of title 18,
United States Code, is amended by adding at the
end the following:
‘‘(s)(1) Beginning on the date that is 90 days after
the date of enactment of this subsection and ending on
the day before the date that the Attorney General certifies
under section 523(d)(1) of the Brady Handgun Violence
Prevention Act that the national instant criminal back-
ground check system is established (except as provided in
paragraphs (2) and (3) of such section), it shall be unlaw-
ful for any licensed importer, licensed manufacturer, or
licensed dealer to sell, deliver, or transfer a handgun to
an individual who is not licensed under section 923, un-
less—
127
‘‘(A) after the most recent proposal of such
transfer by the transferee—
‘‘(i) the transferor has—
‘‘(I) received from the transferee a
statement of the transferee containing the
information described in paragraph (3);
‘‘(II) verified the identity of the trans-
feree by examining the identification docu-
ment presented;
‘‘(III) within 1 day after the trans-
feree furnishes the statement, provided no-
tice of the contents of the statement to the
chief law enforcement officer of the place
of residence of the transferee; and
‘‘(IV) within 1 day after the trans-
feree furnishes the statement, transmitted
a copy of the statement to the chief law
enforcement officer of the place of resi-
dence of the transferee; and
‘‘(ii)(I) 5 business days (as defined by days
in which State offices are open) have elapsed
from the date the transferor furnished notice of
the contents of the statement to the chief law
enforcement officer, during which period the
transferor has not received information from
128
the chief law enforcement officer that receipt or
possession of the handgun by the transferee
would be in violation of Federal, State, or local
law; or
‘‘(II) the transferor has received notice
from the chief law enforcement officer that the
officer has no information indicating that re-
ceipt or possession of the handgun by the trans-
feree would violate Federal, State, or local law;
‘‘(B) the transferee has presented to the trans-
feror a written statement, issued by the chief law en-
forcement officer of the place of residence of the
transferee during the 10-day period ending on the
date of the most recent proposal of such transfer by
the transferee, stating that the transferee requires
access to a handgun because of a threat to the life
of the transferee or of any member of the household
of the transferee;
‘‘(C)(i) the transferee has presented to the
transferor a permit that—
‘‘(I) allows the transferee to possess a
handgun; and
‘‘(II) was issued not more than 5 years
earlier by the State in which the transfer is to
take place; and
129
‘‘(ii) the law of the State provides that such a
permit is to be issued only after an authorized gov-
ernment official has verified that the information
available to such official does not indicate that pos-
session of a handgun by the transferee would be in
violation of the law;
‘‘(D) the law of the State requires that, before
any licensed importer, licensed manufacturer, or li-
censed dealer completes the transfer of a handgun to
an individual who is not licensed under section 923,
an authorized government official verify that the in-
formation available to such official does not indicate
that possession of a handgun by the transferee
would be in violation of law, except that this sub-
paragraph shall not apply to a State that, on the
date of certification pursuant to section 523(d) of
the Brady Handgun Violence Prevention Act, is not
in compliance with the timetable established pursu-
ant to section 523(c) of such Act;
‘‘(E) the Secretary has approved the transfer
under section 5812 of the Internal Revenue Code of
1986; or
‘‘(F) on application of the transferor, the Sec-
retary has certified that compliance with subpara-
graph (A)(i)(III) is impracticable because—
130
‘‘(i) the ratio of the number of law enforce-
ment officers of the State in which the transfer
is to occur to the number of square miles of
land area of the State does not exceed 0.0025;
‘‘(ii) the business premises of the trans-
feror at which the transfer is to occur are ex-
tremely remote in relation to the chief law en-
forcement officer; and
‘‘(iii) there is an absence of telecommuni-
cations facilities in the geographical area in
which the business premises are located.
‘‘(2) A chief law enforcement officer to whom a trans-
feror has provided notice pursuant to paragraph
(1)(A)(i)(III) shall make a reasonable effort to ascertain
within 5 business days whether the transferee has a crimi-
nal record or whether there is any other legal impediment
to the transferee’s receiving a handgun, including research
in whatever State and local recordkeeping systems are
available and in a national system designated by the Attor-
ney General.
‘‘(3) The statement referred to in paragraph
(1)(A)(i)(I) shall contain only—
‘‘(A) the name, address, and date of birth
appearing on a valid identification document (as de-
fined in section 1028(d)(1)) of the transferee con-
131
taining a photograph of the transferee and a de-
scription of the identification used;
‘‘(B) a statement that transferee—
‘‘(i) is not under indictment for, and has
not been convicted in any court of, a crime pun-
ishable by imprisonment for a term exceeding 1
year;
‘‘(ii) is not a fugitive from justice;
‘‘(iii) is not an unlawful user of or addicted
to any controlled substance (as defined in sec-
tion 102 of the Controlled Substances Act);
‘‘(iv) has not been adjudicated as a mental
defective or been committed to a mental institu-
tion;
‘‘(v) is not an alien who is illegally or un-
lawfully in the United States;
‘‘(vi) has not been discharged from the
Armed Forces under dishonorable conditions;
and
‘‘(vii) is not a person who, having been a
citizen of the United States, has renounced
such citizenship;
‘‘(C) the date the statement is made; and
‘‘(D) notice that the transferee intends to ob-
tain a handgun from the transferor.
132
‘‘(4) Any transferor of a handgun who, after such
transfer, receives a report from a chief law enforcement
officer containing information that receipt or possession
of the handgun by the transferee violates Federal, State,
or local law shall immediately communicate all information
the transferor has about the transfer and the transferee
to—
‘‘(A) the chief law enforcement officer of the
place of business of the transferor; and
‘‘(B) the chief law enforcement officer of the
place of residence of the transferee.
‘‘(5) Any transferor who receives information, not
otherwise available to the public, in a report under this
subsection shall not disclose such information except to
the transferee, to law enforcement authorities, or pursuant
to the direction of a court of law.
‘‘(6)(A) Any transferor who sells, delivers, or other-
wise transfers a handgun to a transferee shall retain the
copy of the statement of the transferee with respect to
the handgun transaction, and shall retain evidence that
the transferor has complied with subclauses (III) and (IV)
of paragraph (1)(A)(i) with respect to the statement.
‘‘(B) Unless the chief law enforcement officer to
whom a statement is transmitted under paragraph
133
(1)(A)(i)(IV) determines that a transaction would violate
Federal, State, or local law—
‘‘(i) the officer shall, within 20 business days
after the date the transferee made the statement on
the basis of which the notice was provided, destroy
the statement and any record containing information
derived from the statement;
‘‘(ii) the information contained in the statement
shall not be conveyed to any person except a person
who has a need to know in order to carry out this
subsection; and
‘‘(iii) the information contained in the state-
ment shall not be used for any purpose other than
to carry out this subsection.
‘‘(7) A chief law enforcement officer or other person
responsible for providing criminal history background in-
formation pursuant to this subsection shall not be liable
in an action at law for damages—
‘‘(A) for failure to prevent the sale or transfer
of a handgun to a person whose receipt or posses-
sion of the handgun is unlawful under this section;
or
‘‘(B) for preventing such a sale or transfer to
a person who may lawfully receive or possess a
handgun.
134
‘‘(8) For purposes of this subsection, the term ‘chief
law enforcement officer’ means the chief of police, the
sheriff, or an equivalent officer or the designee of any such
individual.
‘‘(9) The Secretary shall take necessary actions to en-
sure that the provisions of this subsection are published
and disseminated to licensed dealers, law enforcement offi-
cials, and the public.’’.
(2) HANDGUN
DEFINED.—Section 921(a) of
such title is amended by adding at the end the fol-
lowing:
‘‘(29) The term ‘handgun’ means—
‘‘(A) a firearm which has a short stock and is
designed to be held and fired by the use of a single
hand; and
‘‘(B) any combination of parts from which a
firearm described in subparagraph (A) can be as-
sembled.’’.
(b) PERMANENT PROVISION.—Section 922 of title
18, United States Code, as amended by subsection (a)(1)
of this section, is amended by adding at the end the
following:
‘‘(t)(1) Beginning on the date that the Attorney Gen-
eral certifies under section 523(d)(1) of the Brady Hand-
gun Violence Prevention Act that the national instant
135
criminal background check system is established (except
as provided in paragraphs (2) and (3) of such section),
a licensed importer, licensed manufacturer, or licensed
dealer shall not transfer a firearm to any other person
who is not such a licensee, unless—
‘‘(A) before the completion of the transfer, the
licensee contacts the national instant criminal back-
ground check system established under section 523
of such Act;
‘‘(B) the system notifies the licensee that the
system has not located any record that demonstrates
that the receipt of a firearm by such other person
would violate subsection (g) or (n) of this section or
any State or local law; and
‘‘(C) the transferor has verified the identity of
the transferee by examining a valid identification
document (as defined in section 1028(d)(1) of this
title) of the transferee containing a photograph of
the transferee.
‘‘(2) Paragraph (1) shall not apply to a firearm
transfer between a licensee and another person if—
‘‘(A)(i) such other person has presented to the
licensee a permit that—
‘‘(I) allows such other person to possess a
firearm; and
136
‘‘(II) was issued not more than 5 years
earlier by the State in which the transfer is to
take place; and
‘‘(ii) the law of the State provides that such a
permit is to be issued only after an authorized gov-
ernment official has verified that the information
available to such official does not indicate that pos-
session of a firearm by such other person would be
in violation of law;
‘‘(B) the Secretary has approved the transfer
under section 5812 of the Internal Revenue Code of
1986; or
‘‘(C) on application of the transferor, the Sec-
retary has certified that compliance with paragraph
(1)(A) is impracticable because—
‘‘(i) the ratio of the number of law enforce-
ment officers of the State in which the transfer
is to occur to the number of square miles of
land area of the State does not exceed 0.0025;
‘‘(ii) the business premises of the licensee
at which the transfer is to occur are extremely
remote in relation to the chief law enforcement
officer (as defined in subsection (s)(8)); and
137
‘‘(iii) there is an absence of telecommuni-
cations facilities in the geographical area in
which the business premises are located.
‘‘(3) If the national instant criminal background
check system notifies the licensee that the information
available to the system does not demonstrate that the re-
ceipt of a firearm by such other person would violate sub-
section (g) or (n), and the licensee transfers a firearm to
such other person, the licensee shall include in the record
of the transfer the unique identification number provided
by the system with respect to the transfer.
‘‘(4) In addition to the authority provided under sec-
tion 923(e), if the licensee knowingly transfers a firearm
to such other person and knowingly fails to comply with
paragraph (1) of this subsection with respect to the trans-
fer and, at the time such other person most recently pro-
posed the transfer, the national instant criminal back-
ground check system was operating and information was
available to the system demonstrating that receipt of a
firearm by such other person would violate subsection (g)
or (n) of this section, the Secretary may, after notice and
opportunity for a hearing, suspend for not more than 6
months or revoke any license issued to the licensee under
section 923, and may impose on the licensee a civil fine
of not more than $5,000.
138
‘‘(5) Neither a local government nor an employee of
the Federal Government or of any State or local govern-
ment, responsible for providing information to the national
instant criminal background check system shall be liable
in an action at law for damages—
‘‘(A) for failure to prevent the sale or transfer
of a handgun to a person whose receipt or posses-
sion of the handgun is unlawful under this section;
or
‘‘(B) for preventing such a sale or transfer to
a person who may lawfully receive or possess a
handgun.’’.
(c) PENALTY.—Section 924(a) of title 18, United
States Code, is amended—
(1) in paragraph (1), by striking ‘‘paragraph
(2) or (3) of’’; and
(2) by adding at the end the following:
‘‘(5) Whoever knowingly violates subsection (s) or (t)
of section 922 shall be fined not more than $1,000, impris-
oned for not more than 1 year, or both.’’.
SEC. 523. NATIONAL INSTANT CRIMINAL BACKGROUND
CHECK SYSTEM.
(a) ESTABLISHMENT
OF SYSTEM.—The Attorney
General of the United States shall establish a national in-
stant criminal background check system that any licensee
139
may contact for information on whether receipt of a fire-
arm by a prospective transferee thereof would violate sub-
section (g) or (n) of section 922 of title 18, United States
Code, or any State or local law.
(b) EXPEDITED ACTION BY THE ATTORNEY GEN-
ERAL.—The Attorney General shall expedite—
(1) the upgrading and indexing of State crimi-
nal history records in the Federal criminal records
system maintained by the Federal Bureau of Inves-
tigation;
(2) the development of hardware and software
systems to link State criminal history check systems
into the national instant criminal background check
system established by the Attorney General pursuant
to this section; and
(3) the current revitalization initiatives by the
Federal Bureau of Investigation for technologically
advanced fingerprint and criminal records identifica-
tion.
(c) PROVISION OF STATE CRIMINAL RECORDS TO
THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK
SYSTEM.—(1) Not later than 6 months after the date of
enactment of this Act, the Attorney General shall—
(A) determine the type of computer hardware
and software that will be used to operate the na-
140
tional instant criminal background check system and
the means by which State criminal records systems
will communicate with the national system;
(B) investigate the criminal records system of
each State and determine for each State a timetable
by which the State should be able to provide crimi-
nal records on an on line capacity basis to the na-
tional system;
(C) notify each State of the determinations
made pursuant to subparagraphs (A) and (B).
(2) The Attorney General shall require as a part of
the State timetable that the State achieve, by the end of
5 years after the date of enactment of this Act, at least
80 percent currency of case dispositions in computerized
criminal history files for all cases in which there has been
an event of activity within the last 5 years and continue
to maintain such a system.
(d) NATIONAL SYSTEM CERTIFICATION.—(1) On the
date that is 30 months after the date of enactment of this
Act, and at any time thereafter, the Attorney General shall
determine whether—
(A) the national system has achieved at least
80 percent currency of case dispositions in comput-
erized criminal history files for all cases in which
141
there has been an event of activity within the last
5 years on a national average basis; and
(B) the States are in compliance with the time-
table established pursuant to subsection (c),
and, if so, shall certify that the national system is estab-
lished.
(2) If, on the date of certification in paragraph (1)
of this subsection, a State is not in compliance with the
timetable established pursuant to subsection (c) of this
section, section 922(s) of title 18, United States Code,
shall remain in effect in such State and section 922(t) of
such title shall not apply to the State. The Attorney Gen-
eral shall certify if a State subject to the provisions of
section 922(s) under the preceding sentence achieves com-
pliance with its timetable after the date of certification
in paragraph (1) of this subsection, and section 922(s) of
title 18, United States Code, shall not apply to such State
and section 922(t) of such title shall apply to the State.
(3) Six years after the date of enactment of this Act,
the Attorney General shall certify whether or not a State
is in compliance with subsection (c)(2) of this section and
if the State is not in compliance, section 922(s) of title
18, United States Code, shall apply to the State and sec-
tion 922(t) of such title shall not apply to the State. The
Attorney General shall certify if a State subject to the pro-
142
visions of section 922(s) under the preceding sentence
achieves compliance with the standards in subsection
(c)(2) of this section, and section 922(s) of title 18, United
States Code, shall not apply to the State and section
922(t) of such title shall apply to the State.
(e) NOTIFICATION
OF LICENSEES.—On establish-
ment of the system under this section, the Attorney Gen-
eral shall notify each licensee and the chief law enforce-
ment officer of each State of the existence and purpose
of the system and the means to be used to contact the
system.
(f) ADMINISTRATIVE PROVISIONS.—
(1) AUTHORITY TO OBTAIN OFFICIAL INFORMA-
TION.—Notwithstanding any other law, the Attorney
General may secure directly from any department or
agency of the United States such information on
persons for whom receipt of a firearm would violate
subsection (g) or (n) of section 922 of title 18, Unit-
ed States Code, or any State or local law, as is nec-
essary to enable the system to operate in accordance
with this section. On request of the Attorney Gen-
eral, the head of such department or agency shall
furnish such information to the system.
(2) OTHER AUTHORITY.—The Attorney General
shall develop such computer software, design and ob-
143
tain such telecommunications and computer hard-
ware, and employ such personnel, as are necessary
to establish and operate the system in accordance
with this section.
(g) CORRECTION OF ERRONEOUS SYSTEM INFORMA-
TION.—If the system established under this section in-
forms an individual contacting the system that receipt of
a firearm by a prospective transferee would violate sub-
section (g) or (n) of section 922 of title 18, United States
Code, or any State or local law, the prospective transferee
may request the Attorney General to provide the prospec-
tive transferee with the reasons therefor. Upon receipt of
such a request, the Attorney General shall immediately
comply with the request. The prospective transferee may
submit to the Attorney General information that to cor-
rect, clarify, or supplement records of the system with re-
spect to the prospective transferee. After receipt of such
information, the Attorney General shall immediately con-
sider the information, investigate the matter further, and
correct all erroneous Federal records relating to the pro-
spective transferee and give notice of the error to any Fed-
eral department or agency or any State that was the
source of such erroneous records.
(h) REGULATIONS.—After 90 days notice to the pub-
lic and an opportunity for hearing by interested parties,
144
the Attorney General shall prescribe regulations to ensure
the privacy and security of the information of the system
established under this section.
(i) PROHIBITIONS RELATING TO ESTABLISHMENT OF
REGISTRATION
SYSTEMS
WITH
RESPECT
TO
FIRE-
ARMS.—No department, agency, officer, or employee of
the United States may—
(1) require that any record or portion thereof
maintained by the system established under this sec-
tion be recorded at or transferred to a facility
owned, managed, or controlled by the United States
or any State or political subdivision thereof; or
(2) use the system established under this sec-
tion to establish any system for the registration of
firearms, firearm owners, or firearm transactions or
dispositions, except with respect to persons prohib-
ited by section 922 (g) or (n) of title 18, United
States Code, from receiving a firearm.
(j) DEFINITIONS.—As used in this section:
(1) LICENSEE.—The term ‘‘licensee’’ means a
licensed importer, licensed manufacturer, or licensed
dealer under section 923 of title 18, United States
Code.
(2) OTHER TERMS.—The terms ‘‘firearm’’, ‘‘li-
censed importer’’, ‘‘licensed manufacturer’’, and ‘‘li-
145
censed dealer’’ have the meanings stated in section
921(a) (3), (9), (10), and (11), respectively, of title
18, United States Code.
SEC. 524. FUNDING FOR IMPROVEMENT OF CRIMINAL
RECORDS.
(a) IMPROVEMENTS IN STATE RECORDS.—
(1) USE OF FORMULA GRANTS.—Section 509(b)
of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3759(b)) is amend-
ed—
(A) in paragraph (2) by striking ‘‘and’’
after the semicolon;
(B) in paragraph (3) by striking the period
and inserting ‘‘; and’’; and
(C) by adding at the end the following new
paragraph:
‘‘(4) the improvement of State record systems
and the sharing with the Attorney General of all of
the records described in paragraphs (1), (2), and (3)
of this subsection and the records required by the
Attorney General under section 523 of the Brady
Handgun Violence Prevention Act for the purpose of
implementing such Act.’’.
(2) ADDITIONAL FUNDING.—
146
(A) GRANTS FOR THE IMPROVEMENT OF
CRIMINAL
RECORDS.—The Attorney General,
through the Bureau of Justice Statistics, shall,
subject to appropriations and with preference to
States that as of the date of enactment of this
Act have the lowest percent currency of case
dispositions in computerized criminal history
files, make a grant to each State to be used—
(i) for the creation of a computerized
criminal history record system or improve-
ment of an existing system;
(ii) to improve accessibility to the na-
tional instant criminal background system;
and
(iii) upon establishment of the na-
tional system, to assist the State in the
transmittal of criminal records to the na-
tional system.
(B) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appro-
priated for grants under subparagraph (A) a
total of $100,000,000 for fiscal year 1994 and
all fiscal years thereafter.
(b) WITHHOLDING STATE FUNDS.—Effective on the
date of enactment of this Act the Attorney General may
147
reduce by up to 50 percent the allocation to a State for
a fiscal year under title I of the Omnibus Crime Control
and Safe Streets Act of 1968 of a State that is not in
compliance with the timetable established for such State
under section 523(c) of this Act.
(c) WITHHOLDING
OF DEPARTMENT
OF JUSTICE
FUNDS.—If the Attorney General does not certify the na-
tional instant criminal background check system pursuant
to section 523(d)(1) by—
(1) 30 months after the date of enactment of
this Act the general administrative funds appro-
priated to the Department of Justice for the fiscal
year beginning in the calendar year in which the
date that is 30 months after the date of enactment
of this Act falls shall be reduced by 5 percent on a
monthly basis; and
(2) 42 months after the date of enactment of
this Act the general administrative funds appro-
priated to the Department of Justice for the fiscal
year beginning in the calendar year in which the
date that is 42 months after the date of enactment
of this Act falls shall be reduced by 10 percent on
a monthly basis.
148
TITLE VI—JUVENILES AND
GANGS
SEC. 601. SHORT TITLE.
SHORT TITLE.—This title may be cited as the ‘‘Anti-
Gang and Juvenile Offenders Act of 1993’’.
Subtitle A—Increased Penalties for
Employing Children to Distrib-
ute Drugs Near Schools and
Playgrounds
SEC. 611. STRENGTHENED FEDERAL PENALTIES.
Section 419 of the Controlled Substances Act (21
U.S.C. 860) is amended—
(1) by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively; and
(2) by inserting after subsection (b) the follow-
ing new subsection:
‘‘(c) Notwithstanding any other law, any person at
least 18 years of age who knowingly and intentionally—
‘‘(1) employs, hires, uses, persuades, induces,
entices, or coerces a person under 18 years of age
to violate this section; or
‘‘(2) employs, hires, uses, persuades, induces,
entices, or coerces a person under 18 years of age
to assist in avoiding detection or apprehension for
149
any offense under this section by any Federal, State,
or local law enforcement official,
is punishable by a term of imprisonment, a fine, or both,
up to triple those authorized by section 401.’’.
Subtitle B—Antigang Provisions
SEC. 621. GRANT PROGRAM.
Part B of title II of the Juvenile Justice and Delin-
quency Prevention Act of 1974 (42 U.S.C. 5631 et seq.)
is amended—
(1) by inserting after the part heading the fol-
lowing subpart heading:
‘‘Subpart I—General Grant Programs’’;
and
(2) by adding at the end the following new sub-
part:
‘‘Subpart II—Juvenile Drug Trafficking and Gang
Prevention Grants
‘‘FORMULA GRANTS
‘‘SEC. 231. (a) AUTHORIZATION.—The Adminis-
trator may make grants to States, units of general local
government, private not-for-profit anticrime organizations,
or combinations thereof to assist them in planning, estab-
lishing, operating, coordinating, and evaluating projects,
directly or through grants and contracts with public and
private agencies, for the development of more effective
150
programs including prevention and enforcement programs
to reduce—
‘‘(1) the formation or continuation of juvenile
gangs; and
‘‘(2) the use and sale of illegal drugs by juve-
niles.
‘‘(b) PARTICULAR PURPOSES.—The grants made
under this section can be used for any of the following
specific purposes:
‘‘(1) To reduce the participation of juveniles in
drug-related crimes (including drug trafficking and
drug use), particularly in and around elementary
and secondary schools.
‘‘(2) To reduce juvenile involvement in orga-
nized crime, drug and gang-related activity, particu-
larly activities that involve the distribution of drugs
by or to juveniles.
‘‘(3) To develop within the juvenile justice sys-
tem, including the juvenile corrections system, inno-
vative means to address the problems of juveniles
convicted of serious drug-related and gang-related
offenses.
‘‘(4) To reduce juvenile drug and gang-related
activity in public housing projects.
151
‘‘(5) To reduce and prevent juvenile drug and
gang-related activity in rural areas.
‘‘(6) To provide technical assistance and train-
ing to personnel and agencies responsible for the ad-
judicatory and corrections components of the juve-
nile justice system to—
‘‘(A) identify drug-dependent or gang-in-
volved juvenile offenders; and
‘‘(B) provide appropriate counseling and
treatment to such offenders.
‘‘(7) To promote the involvement of all juveniles
in lawful activities, including in-school and after-
school programs for academic, athletic, or artistic
enrichment that also teach that drug and gang in-
volvement are wrong.
‘‘(8) To facilitate Federal and State cooperation
with local school officials to develop education, pre-
vention, and treatment programs for juveniles who
are likely to participate in drug trafficking, drug
use, or gang-related activities.
‘‘(9) To prevent juvenile drug and gang involve-
ment in public housing projects through programs
establishing youth sports and other activities, includ-
ing girls’ and boys’ clubs, scout troops, and little
leagues.
152
‘‘(10) To provide pre- and post-trial drug abuse
treatment to juveniles in the juvenile justice system
with the highest possible priority to providing drug
abuse treatment to drug-dependent pregnant juve-
niles and drug-dependent juvenile mothers.
‘‘(11) To provide education and treatment pro-
grams for juveniles exposed to severe violence in
their homes, schools, or neighborhoods.
‘‘(12) To establish sports mentoring and coach-
ing programs in which athletes serve as role models
for juveniles to teach that athletics provide a positive
alternative to drug and gang involvement.
‘‘AUTHORIZATION OF APPROPRIATIONS
‘‘SEC. 232. There are authorized to be appropriated
$100,000,000 for fiscal year 1994 and such sums as are
necessary for fiscal year 1995 to carry out this subpart.
‘‘ALLOCATION OF FUNDS
‘‘SEC. 233. The amounts appropriated for this sub-
part for any fiscal year shall be allocated as follows:
‘‘(1) $500,000 or 1.0 percent, whichever is
greater, shall be allocated to each of the States.
‘‘(2) Of the funds remaining after the allocation
under paragraph (1), there shall be allocated to each
State an amount that bears the same ratio to the
amount of remaining funds described in this para-
graph as the population of juveniles residing in the
153
State bears to the population of juveniles residing in
all the States.
‘‘APPLICATION
‘‘SEC. 234. (a) IN GENERAL.—Each State or entity
applying for a grant under section 231 shall submit an
application to the Administrator in such form and contain-
ing such information as the Administrator shall prescribe.
‘‘(b) REGULATIONS.—To the extent practicable, the
Administrator shall prescribe regulations governing appli-
cations for this subpart that are substantially similar to
the regulations governing applications required under sub-
part I of this part and subpart II of part C, including
the regulations relating to competition.’’.
SEC. 622. CONFORMING REPEALER AND AMENDMENTS.
(a) REPEAL OF PART D.—Part D of title II of the
Juvenile Justice and Delinquency Prevention Act of 1974
(42 U.S.C. 5667 et seq.) is repealed, and part E of title
II of that Act is redesignated as part D.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section
291 of title II of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5671) is amended—
(1) in subsection (a)—
(A) in paragraph (1) by striking ‘‘(1)’’ and
by striking ‘‘(other than part D)’’; and
(B) by striking paragraph (2); and
154
(2) in subsection (b) by striking ‘‘(other than
part D)’’.
SEC. 623. CRIMINAL STREET GANGS.
(a) IN GENERAL.—Title 18, United States Code, is
amended by inserting after chapter 25 the following new
chapter:
‘‘CHAPTER 26—CRIMINAL STREET GANGS
‘‘Sec.
‘‘521.
Criminal street gangs.
‘‘§ 521. Criminal street gangs
‘‘(a) ENHANCED PENALTY.—A person who, under
the circumstances described in subsection (c), commits an
offense described in subsection (b), shall, in addition to
any other sentence authorized by law, be sentenced to a
term of imprisonment of not more than 10 years and may
also be fined under this title. A sentence of imprisonment
imposed under this subsection shall run consecutively to
any other sentence that is imposed.
‘‘(b) OFFENSES.—The offenses referred to in sub-
section (a) are—
‘‘(1) a Federal felony involving a controlled sub-
stance (as defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802));
‘‘(2) a Federal felony crime of violence;
‘‘(3) a felony violation of the Controlled Sub-
stances Act (21 U.S.C. 801 et seq.), the Controlled
155
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.); and
‘‘(4) a conspiracy to commit an offense de-
scribed in paragraph (1), (2), or (3).
‘‘(c) CIRCUMSTANCES.—The circumstances referred
to in subsection (a) are—
‘‘(1) that the offense described in subsection (b)
was committed by a member of, on behalf of, or in
association with a criminal street gang; and
‘‘(2) within 5 years prior to the date of the of-
fense, the offender had been convicted of—
‘‘(A) an offense described in subsection
(b);
‘‘(B) a State offense that—
‘‘(i) involves a controlled substance
(as defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802)); or
‘‘(ii) is a crime of violence for which
the maximum penalty is more than 1
year’s imprisonment;
‘‘(C) a Federal or State offense that in-
volves the theft or destruction of property for
which the maximum penalty is more than 1
year’s imprisonment; or
156
‘‘(D) a conspiracy to commit an offense de-
scribed in subparagraph (A), (B), or (C).
‘‘(d) DEFINITIONS.—For purposes of this section—
‘‘(1) the term ‘criminal street gang’ means a
group, club, organization, or association of 5 or
more persons—
‘‘(A) whose members engage, or have en-
gaged within the past 5 years, in a continuing
series of any of the offenses described in sub-
section (b); and
‘‘(B) whose activities affect interstate or
foreign commerce; and
‘‘(2) the term ‘conviction’ includes a finding,
under State or Federal law, that a person has com-
mitted an act of juvenile delinquency involving a vio-
lent felony or controlled substances felony.’’.
(b) TECHNICAL AMENDMENT.—The part analysis for
part I of title 18, United States Code, is amended by in-
serting after the item relating to chapter 25 the following
new item:
‘‘26. Criminal street gangs ..............................................................
521’’.
Subtitle C—Juvenile Penalties
SEC. 631. TREATMENT OF VIOLENT JUVENILES AS ADULTS.
(a) 
DESIGNATION
OF
UNDESIGNATED
PARA-
GRAPHS.—Section 5032 of title 18, United States Code,
is amended by designating the first, second, third, fourth,
157
fifth, sixth, seventh, eighth, ninth, tenth, and eleventh un-
designated paragraphs as subsections (a), (b), (c), (d), (e),
(f), (g), (h), (i), (j), and (k), respectively.
(b) JURISDICTION OVER CERTAIN FIREARMS OF-
FENSES.—Section 5032(a) of title 18, United States Code,
as designated by subsection (a), is amended by striking
‘‘922(p)’’ and inserting ‘‘924 (b), (g), or (h)’’.
(c) ADULT STATUS OF JUVENILES WHO COMMIT
FIREARMS OFFENSES.—Section 5032(d) of title 18, Unit-
ed States Code, as designated by subsection (a), is amend-
ed to read as follows:
‘‘(d)(1) Except as provided in paragraphs (2) and
(3), a juvenile who is alleged to have committed an act
of juvenile delinquency and who is not surrendered to
State authorities shall be proceeded against under this
chapter unless the juvenile has requested in writing upon
advice of counsel to be proceeded against as an adult.
‘‘(2) With respect to a juvenile 15 years and older
alleged to have committed an act after his or her 15th
birthday which if committed by an adult would be a felony
that is a crime of violence or an offense described in sec-
tion 401 of the Controlled Substances Act (21 U.S.C.
841), section 1002(a), 1005, or 1009 of the Controlled
Substances Import and Export Act (21 U.S.C. 952(a),
955, 959), or section 924 (b), (g), or (h) of this title,
158
criminal prosecution on the basis of the alleged act may
be begun by motion to transfer of the Attorney General
in the appropriate district court of the United States, if
such court finds, after hearing, that such a transfer would
be in the interest of justice.
‘‘(3) A juvenile who is alleged to have committed an
act after his or her 16th birthday which if committed by
an adult would be a felony offense that has as an element
thereof the use, attempted use, or threatened use of phys-
ical force against the person of another, or that, by its
very nature, involves a substantial risk that physical force
against the person of another may be used in committing
the offense, or would be an offense described in section
32, 81, 844 (d), (e), (f), (h), (i) or 2275 of this title, sub-
section (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), and (3)), and who has pre-
viously been found guilty of an act which if committed by
an adult would have been one of the offenses set forth
in this subsection or an offense in violation of a State fel-
ony statute that would have been such an offense if a cir-
cumstance giving rise to Federal jurisdiction had existed,
159
shall be transferred to the appropriate district court of
the United States for criminal prosecution.’’.
SEC. 632. SERIOUS DRUG OFFENSES BY JUVENILES AS
ARMED CAREER CRIMINAL ACT PREDICATES.
(a) ACT
OF
JUVENILE
DELINQUENCY.—Section
924(e)(2)(A) of title 18, United States Code, as amended
by section 422, is amended—
(1) by striking ‘‘or’’ at the end of clause (ii);
(2) by striking ‘‘and’’ at the end of clause (iii)
and inserting ‘‘or’’; and
(3) by adding at the end the following new
clause:
‘‘(iv) any act of juvenile delinquency that,
if it were committed by an adult, would be pun-
ishable under section 401(b)(1)(A) of the Con-
trolled 
Substances 
Act 
(21 
U.S.C.
841(b)(1)(A)); and’’.
(b) SERIOUS DRUG OFFENSE.—Section 924(e)(2)(C)
of title 18, United States Code, is amended by adding ‘‘or
serious drug offense’’ after ‘‘violent felony’’.
SEC. 633. CERTAINTY OF PUNISHMENT FOR YOUNG OF-
FENDERS.
(a) AMENDMENT OF THE OMNIBUS CRIME CONTROL
AND SAFE STREETS ACT OF 1968.—Title I of the Omni-
160
bus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3711 et seq.) is amended—
(1) by redesignating part P as part Q;
(2) by redesignating section 1601 as section
1701; and
(3) by inserting after part O the following new
part:
‘‘PART P—ALTERNATIVE PUNISHMENTS FOR
YOUNG OFFENDERS
‘‘SEC. 1601. GRANT AUTHORIZATION.
‘‘(a) IN GENERAL.—The Director of the Bureau of
Justice Assistance (referred to in this part as the ‘Direc-
tor’) may make grants under this part to States, for the
use by States and units of local government in the States,
for the purpose of developing alternative methods of pun-
ishment for young offenders to traditional forms of incar-
ceration and probation.
‘‘(b) ALTERNATIVE
METHODS.—The alternative
methods of punishment referred to in subsection (a)
should ensure certainty of punishment for young offenders
and promote reduced recidivism, crime prevention, and as-
sistance to victims, particularly for young offenders who
can be punished more effectively in an environment other
than a traditional correctional facility, including—
161
‘‘(1) alternative sanctions that create account-
ability and certainty of punishment for young
offenders;
‘‘(2) boot camp prison programs;
‘‘(3) technical training and support for the im-
plementation and maintenance of State and local
restitution programs for young offenders;
‘‘(4) innovative projects;
‘‘(5) correctional options, such as community-
based incarceration, weekend incarceration, and elec-
tric monitoring of offenders;
‘‘(6) community service programs that provide
work service placement for young offenders at non-
profit, private organizations and community organi-
zations;
‘‘(7) demonstration restitution projects that are
evaluated for effectiveness; and
‘‘(8) innovative methods that address the prob-
lems of young offenders convicted of serious sub-
stance abuse, including alcohol abuse, and gang-re-
lated offenses, including technical assistance and
training to counsel and treat such offenders.
‘‘SEC. 1602. STATE APPLICATIONS.
‘‘(a) IN GENERAL.—(1) To request a grant under
this part, the chief executive of a State shall submit an
163
that the proposed project has been reviewed in ac-
cordance with this part.
‘‘(b) APPROVAL.—Each application submitted under
section 1602 shall be considered approved, in whole or in
part, by the Bureau not later than 45 days after first re-
ceived unless the Bureau informs the applicant of specific
reasons for disapproval.
‘‘(c) RESTRICTION.—Grant funds received under this
part shall not be used for land acquisition or construction
projects, other than alternative facilities described in sec-
tion 1601(b) for young offenders.
‘‘(d) DISAPPROVAL
NOTICE
AND
RECONSIDER-
ATION.—The Bureau shall not disapprove any application
without first affording the applicant reasonable notice and
an opportunity for reconsideration.
‘‘SEC. 1604. LOCAL APPLICATIONS.
‘‘(a) IN GENERAL.—(1) To request funds under this
part from a State, the chief executive of a unit of local
government shall submit an application to the office des-
ignated under section 1602(b).
‘‘(2) An application under paragraph (1) shall be con-
sidered approved, in whole or in part, by the State not
later than 45 days after such application is first received
unless the State informs the applicant in writing of spe-
cific reasons for disapproval.
164
‘‘(3) The State shall not disapprove any application
submitted to the State without first affording the appli-
cant reasonable notice and an opportunity for reconsider-
ation.
‘‘(4) If an application under paragraph (1) is ap-
proved, the unit of local government is eligible to receive
the funds requested.
‘‘(b) DISTRIBUTION TO UNITS OF LOCAL GOVERN-
MENT.—A State that receives funds under section 1601
in a fiscal year shall make such funds available to units
of local government with an application that has been sub-
mitted and approved by the State within 45 days after
the Bureau has approved the application submitted by the
State and has made funds available to the State. The Di-
rector may waive the 45-day requirement in this section
upon a finding that the State is unable to satisfy the re-
quirement of the preceding sentence under State statutes.
‘‘SEC. 1605. ALLOCATION AND DISTRIBUTION OF FUNDS.
‘‘(a) STATE DISTRIBUTION.—Of the total amount ap-
propriated for this part in any fiscal year—
‘‘(1) 1.0 percent shall be allocated to each of
the participating States; and
‘‘(2) of the total funds remaining after the allo-
cation under paragraph (1), there shall be allocated
to each of the participating States an amount that
165
bears the same ratio to the amount of remaining
funds described in this paragraph as the number of
young offenders in the State bears to the number of
young offenders in all the participating States.
‘‘(b) LOCAL DISTRIBUTION.—(1) A State that re-
ceives funds under this part in a fiscal year shall distribute
to units of local government in the State for the purposes
specified under section 1601 the portion of those funds
that bears the same ratio to the aggregate amount of those
funds as the amount of funds expended by all units of
local government for criminal justice in the preceding fis-
cal year bears to the aggregate amount of funds expended
by the State and all units of local government in the State
for criminal justice in the preceding fiscal year.
‘‘(2) Any funds not distributed to units of local gov-
ernment under paragraph (1) shall be available for ex-
penditure by the State for purposes specified under section
1601.
‘‘(3) If the Director determines, on the basis of infor-
mation available during any fiscal year, that a portion of
the funds allocated to a State for the fiscal year will not
be used by the State or that a State is not eligible to re-
ceive funds under section 1601, the Director shall award
such funds to units of local government in the State giving
166
priority to the units of local government that the Director
considers to have the greatest need.
‘‘(c) FEDERAL SHARE.—The Federal share of a
grant made under this part may not exceed 75 percent
of the total costs of the projects described in the applica-
tion submitted under section 1602(a) for the fiscal year
for which the projects receive assistance under this part.
‘‘SEC. 1606. EVALUATION.
‘‘(a) IN GENERAL.—(1) Each State and local unit of
government that receives a grant under this part shall
submit to the Director an evaluation not later than March
1 of each year in accordance with guidelines issued by the
Director and in consultation with the National Institute
of Justice.
‘‘(2) The Director may waive the requirement speci-
fied in subsection (a) if the Director determines that such
evaluation is not warranted in the case of the State or
unit of local government involved.
‘‘(b) DISTRIBUTION.—The Director shall make avail-
able to the public on a timely basis evaluations received
under subsection (a).
‘‘(c) ADMINISTRATIVE COSTS.—A State and local
unit of government may use not more than 5 percent of
funds it receives under this part to develop an evaluation
program under this section.’’.
167
(b) TECHNICAL AMENDMENT.—The table of contents
of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3711 et seq.) is amended by strik-
ing the matter relating to part P and inserting the
following:
‘‘PART P—ALTERNATIVE PUNISHMENTS FOR YOUNG OFFENDERS
‘‘Sec. 1601. Grant authorization.
‘‘Sec. 1602. State applications.
‘‘Sec. 1603. Review of State applications.
‘‘Sec. 1604. Local applications.
‘‘Sec. 1605. Allocation and distribution of funds.
‘‘Sec. 1606. Evaluation.
‘‘PART Q—TRANSITION; EFFECTIVE DATE; REPEALER
‘‘Sec. 1701. Continuation of rules, authorities, and proceedings.’’.
(c) DEFINITION.—Section 901(a) of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3791(a)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(22);
(2) by striking the period at the end of para-
graph (23) and inserting ‘‘; and’’; and
(3) by adding at the end the following new
paragraph:
‘‘(24) The term ‘young offender’ means an indi-
vidual 28 years of age or younger.’’.
(d) AUTHORIZATION OF APPROPRIATIONS.—Section
1001(a) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3793(a)), as amended by
section 1401(e), is amended—
168
(1) in paragraph (3) by striking ‘‘and O’’ and
inserting ‘‘O, and P’’; and
(2) by adding at the end the following new
paragraph:
‘‘(10) There is authorized to be appropriated
$200,000,000 for each of the fiscal years 1994, 1995, and
1996 to carry out projects under part P.’’.
Subtitle D—Other Provisions
SEC. 641. BINDOVER SYSTEM FOR CERTAIN VIOLENT JUVE-
NILES.
Section 501(b) of title I of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 (42 U.S.C. 3751) is
amended—
(1) by striking ‘‘and’’ at the end of paragraph
(20);
(2) by striking the period at the end of para-
graph (21) and inserting ‘‘; and’’; and
(3) by inserting after paragraph (21) the fol-
lowing new paragraph:
‘‘(22) programs that address the need for effec-
tive bindover systems for the prosecution of violent
16- and 17-year-olds in courts with jurisdiction over
adults for the crimes of—
‘‘(A) murder in the first degree;
‘‘(B) murder in the second degree;
169
‘‘(C) attempted murder;
‘‘(D) armed robbery when armed with a
firearm;
‘‘(E) aggravated battery or assault when
armed with a firearm;
‘‘(F) criminal sexual penetration when
armed with a firearm; and
‘‘(G) drive-by shootings as described in
section 931 of title 18, United States Code.’’.
SEC. 642. GANG INVESTIGATION COORDINATION AND IN-
FORMATION COLLECTION.
(a) COORDINATION.—The Attorney General (or the
Attorney General’s designee), in consultation with the Sec-
retary of the Treasury (or the Secretary’s designee), shall
develop a national strategy to coordinate gang-related in-
vestigations by Federal law enforcement agencies.
(b) DATA COLLECTION.—The Director of the Federal
Bureau of Investigation shall acquire and collect informa-
tion on incidents of gang violence for inclusion in an an-
nual uniform crime report.
(c) REPORT.—The Attorney General shall prepare a
report on national gang violence outlining the strategy de-
veloped under subsection (a) to be submitted to the Presi-
dent and Congress by January 1, 1994.
170
(d) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated for fiscal year 1994
such sums as are necessary to carry out this section.
SEC. 643. CLARIFICATION OF REQUIREMENT THAT ANY
PRIOR RECORD OF A JUVENILE BE PRO-
DUCED BEFORE THE COMMENCEMENT OF
JUVENILE PROCEEDINGS.
Section 5032(j) of title 18, United States Code, as
designated by section 301(a), is amended by striking ‘‘Any
proceedings against a juvenile under this chapter or as an
adult shall not be commenced until’’ and inserting ‘‘A ju-
venile shall not be transferred to adult prosecution nor
shall a hearing be held under section 5037 until’’.
TITLE VII—TERRORISM AND
INTERNATIONAL MATTERS
SEC. 701. TERRORISM CIVIL REMEDY.
(a) REINSTATEMENT
OF LAW.—The amendments
made by section 132 of the Military Construction Appro-
priations Act, 1991 (104 Stat. 2250), are repealed effec-
tive as of April 10, 1991.
(b) TERRORISM.—Chapter 113A of title 18, United
States Code, as amended by subsection (a), is amended—
(1) in section 2331 (as in effect prior to enact-
ment of the Military Construction Appropriations
171
Act, 1991) by striking subsection (d) and redesig-
nating subsection (e) as subsection (d);
(2) by redesignating section 2331 (as in effect
prior to enactment of the Military Construction Ap-
propriations Act, 1991) as section 2332 and amend-
ing the heading for section 2332, as redesignated, to
read as follows:
‘‘§ 2332. Criminal penalties’’;
(3) by inserting before section 2332, as redesig-
nated by paragraph (2), the following new section:
‘‘§ 2331. Definitions
‘‘In this chapter—
‘‘ ‘act of war’ means any act occurring in the
course of—
‘‘(A) declared war;
‘‘(B) armed conflict, whether or not war
has been declared, between two or more na-
tions; or
‘‘(C) armed conflict between military forces
of any origin.
‘‘ ‘international 
terrorism’ 
means 
activities
that—
‘‘(A) involve violent acts or acts dangerous
to human life that are a violation of the crimi-
nal laws of the United States or of any State,
172
or that would be a criminal violation if commit-
ted within the jurisdiction of the United States
or of any State;
‘‘(B) appear to be intended—
‘‘(i) to intimidate or coerce a civilian
population;
‘‘(ii) to influence the policy of a gov-
ernment by intimidation or coercion; or
‘‘(iii) to affect the conduct of a gov-
ernment by assassination or kidnapping;
and
‘‘(C) occur primarily outside the territorial
jurisdiction of the United States, or transcend
national boundaries in terms of the means by
which they are accomplished, the persons they
appear intended to intimidate or coerce, or the
locale in which their perpetrators operate or
seek asylum.
‘‘ ‘national of the United States’ has the mean-
ing given such term in section 101(a)(22) of the Im-
migration and Nationality Act.
‘‘ ‘person’ means any individual or entity capa-
ble of holding a legal or beneficial interest in prop-
erty.’’; and
173
(4) by inserting after section 2332, as redesig-
nated by paragraph (2), the following new sections:
‘‘§ 2333. Civil remedies
‘‘(a) ACTION AND JURISDICTION.—Any national of
the United States injured in his or her person, property,
or business by reason of an act of international terrorism,
or his or her estate, survivors, or heirs, may sue therefor
in any appropriate district court of the United States and
shall recover threefold the damages he or she sustains and
the cost of the suit, including attorney’s fees.
‘‘(b) ESTOPPEL UNDER UNITED STATES LAW.—A
final judgment or decree rendered in favor of the United
States in any criminal proceeding under section 1116,
1201, 1203, or 2332 of this title or section 902 (i), (k),
(l), (n), or (r) of the Federal Aviation Act of 1958 (49
U.S.C. App. 1472 (i), (k), (l), (n), and (r)) shall estop
the defendant from denying the essential allegations of the
criminal offense in any subsequent civil proceeding under
this section.
‘‘(c) ESTOPPEL UNDER FOREIGN LAW.—A final
judgment or decree rendered in favor of any foreign state
in any criminal proceeding shall, to the extent that such
judgment or decree may be accorded full faith and credit
under the law of the United States, estop the defendant
from denying the essential allegations of the criminal of-
174
fense in any subsequent civil proceeding under this
section.
‘‘§ 2334. Jurisdiction and venue
‘‘(a) GENERAL VENUE.—Any civil action under sec-
tion 2333 of this title against any person may be insti-
tuted in the district court of the United States for any
district where any plaintiff resides or where any defendant
resides or is served, or has an agent. Process in such a
civil action may be served in any district where the defend-
ant resides, is found, or has an agent.
‘‘(b) SPECIAL MARITIME OR TERRITORIAL JURISDIC-
TION.—If the actions giving rise to the claim occurred
within the special maritime and territorial jurisdiction of
the United States, any civil action under section 2333
against any person may be instituted in the district court
of the United States for any district in which any plaintiff
resides or the defendant resides, is served, or has an
agent.
‘‘(c) SERVICE ON WITNESSES.—A witness in a civil
action brought under section 2333 may be served in any
other district where the defendant resides, is found, or has
an agent.
‘‘(d) CONVENIENCE OF THE FORUM.—The district
court shall not dismiss any action brought under section
175
2333 on the grounds of the inconvenience or inappropri-
ateness of the forum chosen, unless—
‘‘(1) the action may be maintained in a foreign
court that has jurisdiction over the subject matter
and over all the defendants;
‘‘(2) that foreign court is significantly more
convenient and appropriate; and
‘‘(3) that foreign court offers a remedy that is
substantially the same as the one available in the
courts of the United States.
‘‘§ 2335. Limitation of actions
‘‘(a) IN GENERAL.—Subject to subsection (b), a suit
for recovery of damages under section 2333 shall not be
maintained unless commenced within 4 years from the
date the cause of action accrued.
‘‘(b) CALCULATION OF PERIOD.—The time of the ab-
sence of the defendant from the United States or from
any jurisdiction in which the same or a similar action aris-
ing from the same facts may be maintained by the plain-
tiff, or any concealment of the defendant’s whereabouts,
shall not be counted for the purposes of the period of limi-
tation prescribed by subsection (a).
176
‘‘§ 2336. Other limitations
‘‘(a) ACTS OF WAR.—No action shall be maintained
under section 2333 for injury or loss by reason of an act
of war.
‘‘(b) LIMITATION ON DISCOVERY.—If a party to an
action under section 2333 seeks to discover the investiga-
tive files of the Department of Justice, the attorney for
the Government may object on the ground that compliance
will interfere with a criminal investigation or prosecution
of the incident, or a national security operation related
to the incident, which is the subject of the civil litigation.
The court shall evaluate any objections raised by the Gov-
ernment in camera and shall stay the discovery if the court
finds that granting the discovery request will substantially
interfere with a criminal investigation or prosecution of
the incident or a national security operation related to the
incident. The court shall consider the likelihood of criminal
prosecution by the Government and other factors it deems
to be appropriate. A stay of discovery under this sub-
section shall constitute a bar to the granting of a motion
to dismiss under rules 12(b)(6) and 56 of the Federal
Rules of Civil Procedure.
‘‘(c) STAY OF ACTION FOR CIVIL REMEDIES.—(1)
The Attorney General may intervene in any civil action
brought under section 2333 for the purpose of seeking a
stay of the civil action. A stay shall be granted if the court
177
finds that the continuation of the civil action will substan-
tially interfere with a criminal prosecution which involves
the same subject matter and in which an indictment has
been returned, or interfere with national security oper-
ations related to the terrorist incident that is the subject
of the civil action. A stay may be granted for up to 6
months. The Attorney General may petition the court for
an extension of the stay for additional 6-month periods
until the criminal prosecution is completed or dismissed.
‘‘(2) In a proceeding under this subsection, the Attor-
ney General may request that any order issued by the
court for release to the parties and the public omit any
reference to the basis on which the stay was sought.
‘‘§ 2337. Suits against Government officials
‘‘No action shall be maintained under section 2333
against—
‘‘(1) the United States, an agency of the United
States, or an officer or employee of the United
States or any agency thereof acting within the offi-
cer’s or employee’s official capacity or under color of
legal authority; or
‘‘(2) a foreign state, an agency of a foreign
state, or an officer or employee of a foreign state or
an agency thereof acting within the officer’s or em-
178
ployee’s official capacity or under color of legal au-
thority.
‘‘§ 2338. Exclusive Federal jurisdiction
‘‘The district courts of the United States shall have
exclusive jurisdiction over an action brought under this
chapter.’’.
(c) TECHNICAL AMENDMENTS.—(1) The chapter
analysis for chapter 113A of title 18, United States Code
is amended to read as follows:
‘‘CHAPTER 113A—TERRORISM
‘‘Sec.
‘‘2331. Definitions.
‘‘2332. Criminal penalties.
‘‘2333. Civil remedies.
‘‘2334. Jurisdiction and venue.
‘‘2335. Limitation of actions.
‘‘2336. Other limitations.
‘‘2337. Suits against government officials.
‘‘2338. Exclusive Federal jurisdiction.’’.
(2) The item relating to chapter 113A in the part
analysis for part 1 of title 18, United States Code, is
amended to read as follows:
‘‘113A. Terrorism ................................................................................ 2331’’.
(d) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall apply to any pending case
or any cause of action arising on or after 4 years before
the date of enactment of this Act.
179
SEC. 702. PROVIDING MATERIAL SUPPORT TO TERRORISTS.
(a) OFFENSE.—Chapter 113A of title 18, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 2339. 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,
2332, or 2339A of this title or section 902(i) of the Fed-
eral Aviation Act of 1958 (49 U.S.C. App. 1472(i)), or
to facilitate the concealment or an escape from the com-
mission of any of the foregoing, shall be fined under this
title, imprisoned not more than 10 years, or both. For pur-
poses of this section, material support or resources in-
cludes currency or other financial securities, financial
services, lodging, training, safehouses, false documenta-
tion or identification, communications equipment, facili-
ties, weapons, lethal substances, explosives, personnel,
transportation, and other physical assets.’’.
(b) TECHNICAL AMENDMENT.—The chapter analysis
for chapter 113A of title 18, United States Code, as
amended by section 601(b)(1), is amended by adding at
the end the following new item:
180
‘‘2339. Providing material support to terrorists.’’.
SEC. 703. FORFEITURE OF ASSETS USED TO SUPPORT
TERRORISTS.
Section 982(a) of title 18, United States Code, is
amended by adding at the end the following new para-
graph:
‘‘(5) Any property, real or personal—
‘‘(A) used or intended for use in commit-
ting or to facilitate the concealment or an es-
cape from the commission of; or
‘‘(B) constituting or derived from the gross
profits or other proceeds obtained from,
a violation of section 32, 36, 351, 844 (f) or (i),
1114, 1116, 1203, 1361, 1363, 1751, 2280, 2281,
2332, or 2339A of this title or section 902(i) of the
Federal Aviation Act of 1958 (49 U.S.C. 1472(i)).’’.
SEC. 704. ALIEN WITNESS COOPERATION.
(a) AMENDMENT OF CHAPTER 224 OF TITLE 18.—
Chapter 224 of title 18, United States Code, is amended—
(1) by redesignating section 3528 as section
3529; and
(2) by inserting after section 3527 the following
new section:
‘‘§ 3528. Aliens; waiver of admission requirements
‘‘(a) IN GENERAL.—Upon authorizing protection to
any alien under this chapter, the United States shall pro-