247
sions, apply to aircraft seized or forfeited under this sec-
tion.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 109 of title 18, United States
Code, is amended by adding at the end the following new
item:
‘‘2237. Order to land.’’
SEC. 763. AMENDMENT TO THE MANSFIELD AMENDMENT
TO PERMIT MARITIME LAW ENFORCEMENT
OPERATIONS IN ARCHIPELAGIC WATERS.
Section 481(c)(4) of Public Law 87–195 (22 U.S.C.
2291(c)) is amended by inserting ‘‘, and archipelagic wa-
ters’’ after ‘‘territorial sea’’.
SEC. 764. ENHANCEMENT OF PENALTIES FOR DRUG TRAF-
FICKING IN PRISONS.
Section 1791 of title 18, United States Code, is
amended—
(1) in subsection (c), by inserting before ‘‘Any’’
the following new sentence: ‘‘Any punishment im-
posed under subsection (b) for a violation of this
section involving a controlled substance shall be con-
secutive to any other sentence imposed by any court
for an offense involving such a controlled sub-
stance.’’.
(2) in subsection (d)(1)(A) by inserting after ‘‘a
firearm or destructive device’’ the following, ‘‘or a
248
controlled substance in schedule I or II, other than
marijuana or a controlled substance referred to in
subparagraph (C) of this subsection’’;
SEC. 765. REMOVAL OF TV BROADCAST LICENSE CONTIN-
GENT ON BROADCAST OF PUBLIC SERVICE
ANNOUNCEMENTS REGARDING DRUG ABUSE.
Section 311 of the Communications Act of 1934 is
amended by adding at the end the following new sub-
section:
‘‘(e)(1) As part of its obligations to ensure that
broadcast licenses are issued consistent with the public in-
terest, convenience, and necessity, the Commission shall,
in its review of any application for renewal of a commer-
cial or noncommercial television broadcast license, con-
sider the extent to which the licensee has participated in
efforts to educate and inform the public as to the dangers
of drug abuse and appropriate methods for obtaining
treatment. The Commission shall not find that a renewal
of such a license is consistent with the public interest, con-
venience, and necessity unless the applicant demonstrates
that the station has broadcast public service announce-
ments concerning drug and substance abuse and treat-
ment during each hour of its broadcasting day, and that
the duration of such announcements is equal to not less
249
than 5 percent of the duration of the commercial adver-
tisements broadcast by that station during that hour.
‘‘(2) The Commission shall, in each annual report
submitted under section 4(k) after the date of enactment
of this subsection, include an analysis of broadcasters’
progress in meeting the requirements of this subsection.
Such report shall include statistics concerning the propor-
tion of broadcast time devoted to public service announce-
ments generally, and to meeting the requirements of this
subsection.’’.
TITLE 
VIII—ELIMINATION 
OF
DELAYS IN CARRYING OUT
SENTENCES.
Subtitle A—Post Conviction Peti-
tions: General Habeas Corpus
Reform.
SEC. 801. PERIOD OF LIMITATION FOR FILING WRIT OF HA-
BEAS CORPUS FOLLOWING FINAL JUDGMENT
OF A STATE COURT.
Section 2244 of title 28, United States Code, is
amended by adding at the end the following:
‘‘(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-
250
tation period shall run from the latest of the following
times:
‘‘(1) The time at which State remedies are ex-
hausted.
‘‘(2) The time at which the impediment to filing
an application created by State action in violation of
the Constitution or laws of the United States is re-
moved, where the applicant was prevented from fil-
ing by such State action.
‘‘(3) The time at which the Federal right as-
serted was initially recognized by the Supreme
Court, where the right has been newly recognized by
the Court and is retroactively applicable.
‘‘(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. 802. AUTHORITY OF APPELLATE JUDGES TO ISSUE
CERTIFICATES OF PROBABLE CAUSE FOR AP-
PEAL IN HABEAS CORPUS AND FEDERAL COL-
LATERAL RELIEF PROCEEDINGS.
Section 2253 of title 28, United States Code, is
amended to read as follows:
251
‘‘§ 2253. Appeal
‘‘(a) In a habeas corpus proceeding or a proceeding
under section 2255 of this title before a circuit or district
judge, the final order shall be subject to review, on appeal,
by the court of appeals for the circuit where the proceed-
ing is had.
‘‘(b) There shall be no right of appeal from such an
order in a proceeding to test the validity of a warrant to
remove, to another district or place for commitment or
trial, a person charged with a criminal offense against the
United States, or to test the validity of his detention pend-
ing removal proceedings.
‘‘(c) An appeal may not be taken to the court of ap-
peals from the final order in a habeas corpus proceeding
where the detention complained of arises out of process
issued by a State court, or from the final order in a pro-
ceeding under section 2255 of this title, unless a circuit
justice or judge issues a certificate of probable cause.’’.
SEC. 803. CONFORMING AMENDMENT TO THE RULES OF AP-
PELLATE PROCEDURE.
Federal Rule of Appellate Procedure 22 is amended
to read as follows:
‘‘RULE 22
‘‘HABEAS CORPUS AND SECTION 2255 PROCEEDINGS
‘‘(a) APPLICATION FOR AN ORIGINAL WRIT OF HA-
BEAS CORPUS.—An application for a writ of habeas cor-
252
pus shall be made to the appropriate district court. If ap-
plication is made to a circuit judge, the application will
ordinarily be transferred to the appropriate district court.
If an application is made to or transferred to the district
court and denied, renewal of the application before a cir-
cuit judge is not favored; the proper remedy is by appeal
to the court of appeals from the order of the district court
denying the writ.
‘‘(b) NECESSITY
OF CERTIFICATE
OF PROBABLE
CAUSE FOR APPEAL.—In a habeas corpus proceeding in
which the detention complained of arises out of process
issued by a State court, and in a motion proceeding pursu-
ant to section 2255 of title 28, United States Code, an
appeal by the applicant or movant may not proceed unless
a circuit judge issues a certificate of probable cause. If
a request for a certificate of probable cause is addressed
to the court of appeals, it shall be deemed addressed to
the judges thereof and shall be considered by a circuit
judge or judges as the court deems appropriate. If no ex-
press request for a certificate is filed, the notice of appeal
shall be deemed to constitute a request addressed to the
judges of the court of appeals. If an appeal is taken by
a State or the Government or its representative, a certifi-
cate of probable cause is not required.’’.