I
103D CONGRESS
1ST SESSION
H. R. 2217
To control and prevent crime.
IN THE HOUSE OF REPRESENTATIVES
MAY 20, 1993
Mr. GEKAS introduced the following bill; which was referred to the Committee
on the Judiciary
A BILL
To control and prevent crime.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Violent Crimes Control Act of 1993’’.
(b) TABLE OF CONTENTS.—The following is the table
of contents for this Act:
Sec. 1. Short title and table of contents.
TITLE I—DEATH PENALTY
Sec. 101. Short title.
Sec. 102. Death penalty procedures.
Sec. 103. Conforming amendment relating to destruction of aircraft or aircraft
facilities.
Sec. 104. Conforming amendment relating to espionage.
Sec. 105. Conforming amendment relating to transporting explosives.
Sec. 106. Conforming amendment relating to malicious destruction of Federal
property by explosives.
Sec. 107. Conforming amendment relating to malicious destruction of interstate
property by explosives.
Sec. 108. Conforming amendment relating to murder.
Sec. 109. Conforming amendment relating to killing official guests or inter-
nationally protected persons.
Sec. 110. Murder by Federal prisoner.
Sec. 111. Conforming amendment relating to kidnapping.
Sec. 112. Conforming amendment relating to hostage taking.
Sec. 113. Conforming amendment relating to mailability of injurious articles.
Sec. 114. Conforming amendment relating to presidential assassination.
Sec. 115. Conforming amendment relating to murder for hire.
Sec. 116. Conforming amendment relating to violent crimes in aid of racketeer-
ing activity.
Sec. 117. Conforming amendment relating to wrecking trains.
Sec. 118. Conforming amendment relating to bank robbery.
Sec. 119. Conforming amendment relating to terrorist acts.
Sec. 120. Conforming amendment relating to aircraft hijacking.
Sec. 121. Conforming amendment to Controlled Substances Act.
Sec. 122. Conforming amendment relating to genocide.
Sec. 123. Protection of court officers and jurors.
Sec. 124. Prohibition of retaliatory killings of witnesses, victims, and inform-
ants.
Sec. 125. Death penalty for murder of Federal law enforcement officers.
Sec. 126. Death penalty for murder of State or local law enforcement officers
assisting Federal law enforcement officers.
Sec. 127. Implementation of the 1988 protocol for the suppression of unlawful
acts of violence at airports serving international civil aviation.
Sec. 128. Amendment to Federal Aviation Act.
Sec. 129. Offenses of violence against maritime navigation or fixed platforms.
Sec. 130. Torture.
Sec. 131. Weapons of mass destruction.
Sec. 132. Homicides and attempted homicides involving firearms in Federal fa-
cilities.
Sec. 133. Death penalty for civil rights murders.
Sec. 134. Death penalty for murder of Federal witnesses.
Sec. 135. Drive-by shootings.
Sec. 136. Death penalty for gun murders during Federal crimes of violence and
drug trafficking crimes.
Sec. 137. Death penalty for rape and child molestation murders.
Sec. 138. Protection of jurors and witnesses in capital cases.
Sec. 139. Inapplicability to uniform code of military justice.
Sec. 140. Death penalty for causing death in the sexual exploitation of children.
Sec. 141. Murder by escaped prisoners.
Sec. 142. Death penalty for murders in the District of Columbia.
TITLE II—HABEAS CORPUS REFORM
Subtitle A—General Habeas Corpus Reform
Sec. 201. Short title.
Sec. 202. Period of limitation.
Sec. 203. Appeal.
Sec. 204. Amendment of Federal rules of appellate procedure.
Sec. 205. Section 2254 amendments.
Sec. 206. Section 2255 amendments.
Subtitle B—Death Penalty Litigation Procedures
Sec. 211. Short title for Subtitle B.
Sec. 212. Death penalty litigation procedures.
Subtitle C—Equalization of Capital Habeas Corpus Litigation Funding
Sec. 221. Funding for death penalty prosecutions.
TITLE III—EXCLUSIONARY RULE
Sec. 301. Admissibility of certain evidence.
TITLE IV—FIREARMS AND RELATED AMENDMENTS
Sec. 401. Increased mandatory minimum sentences for criminals using fire-
arms.
Sec. 402. Increased penalty for second offense of using an explosive to commit
a felony.
Sec. 403. Smuggling firearms in aid of drug trafficking.
Sec. 404. Prohibition against theft of firearms or explosives.
Sec. 405. Increased penalty for knowingly false, material statement in connec-
tion with the acquisition of a firearm from a licensed dealer.
Sec. 406. Summary destruction of explosives subject to forfeiture.
Sec. 407. Elimination of outmoded language relating to parole.
Sec. 408. Enhanced penalties for use of a firearm in the commission of counter-
feiting or forgery.
Sec. 409. Mandatory penalties for firearms possession by violent felons and se-
rious drug offenders.
Sec. 410. Receipt of firearms by nonresident.
Sec. 411. Prohibition against conspiracy to violate Federal firearms or explo-
sives laws.
Sec. 412. Prohibition against theft of firearms or explosives from licensee.
Sec. 413. Prohibition against disposing of explosives to prohibited persons.
Sec. 414. Increased penalty for interstate gun trafficking.
Sec. 415. Prohibition against transactions involving stolen firearms which have
moved in interstate or foreign commerce.
Sec. 416. Possession of explosives by felons and others.
Sec. 417. Possession of an explosive during the commission of a felony.
Sec. 418. Disposition of forfeited firearms.
Sec. 419. Definition of serious drug offense.
Sec. 420. Definition of burglary under the armed career criminal statute.
TITLE V—TERRORISM AND INTERNATIONAL MATTERS
Sec. 501. Terrorism civil remedy.
Sec. 502. Providing material support to terrorists.
Sec. 503. Forfeiture of assets used to support terrorists.
Sec. 504. Alien witness cooperation.
Sec. 505. Territorial sea extending to 12 miles included in special maritime and
territorial jurisdiction.
Sec. 506. Assimilated crimes in extended territorial sea.
Sec. 507. Jurisdiction over crimes against United States nationals on certain
foreign ships.
Sec. 508. Penalties for international terrorist acts.
Sec. 509. Authorization of appropriations.
Sec. 510. Enhanced penalties for certain offenses.
Sec. 511. Sentencing guidelines increase for terrorist crimes.
Sec. 512. Extension of the statute of limitations for certain terrorism offenses.
Sec. 513. International parental kidnapping.
Sec. 514. State court programs regarding interstate and international parental
child abduction.
Sec. 515. Foreign murder of United States nationals.
Sec. 516. Extradition.
Sec. 517. Gambling devices on United States ships.
Sec. 518. FBI access to telephone subscriber information.
TITLE VI—SEXUAL VIOLENCE, CHILD ABUSE, AND VICTIMS’
RIGHTS
Subtitle A—Sexual Violence and Child Abuse
Sec. 601. Definition of sexual act for victims below 16 years of age.
Sec. 602. Increased penalties for recidivist sex offenders.
Sec. 603. Restitution for victims of sex offenses.
Sec. 604. HIV testing and penalty enhancement in sexual abuse cases.
Sec. 605. Payment of cost of HIV testing for victim.
Subtitle B—Victims’ Rights
Sec. 611. Restitution amendments.
Sec. 612. Victim’s right of allocution in sentencing.
Sec. 613. Right of the victim to an impartial jury.
Sec. 614. Mandatory restitution and other provisions.
Subtitle C—Crime Victims Fund
Sec. 621. Crime victims fund.
Sec. 622. Percentage change in crime victim compensation formula.
Sec. 623. Administrative costs for crime victim compensation.
Sec. 624. Relationship of crime victim compensation to certain Federal pro-
grams.
Sec. 625. Use of unspent section 1403 money.
Sec. 626. Underserved victims.
Sec. 627. Grants for demonstration projects.
Sec. 628. Administrative costs for crime victim assistance.
Sec. 629. Change of due date for required report.
Sec. 630. Maintenance of effort.
Sec. 631. Delayed effective date for certain provisions.
Subtitle D—National Child Protection Act
Sec. 641. Short title.
Sec. 642. Findings and purposes.
Sec. 643. Definitions.
Sec. 644. Reporting by the States.
Sec. 645. Background checks.
Sec. 646. Funding for improvement of child abuse crime information.
Subtitle E—Jacob Wetterling Crimes Against Children Registration Act
Sec. 651. Short title.
Sec. 652. Establishment of program.
Sec. 653. State compliance.
Subtitle F—Domestic Violence
Sec. 661. Domestic violence grants.
Sec. 662. Report on battered women’s syndrome.
Subtitle G—Other Provisions
Sec. 671. Inducement of minor to commit an offense.
Sec. 672. Disclosure of records of arrests by campus police.
Sec. 673. National baseline study on campus sexual assault.
Sec. 674. Sense of Congress concerning child custody and visitation rights.
TITLE VII—EQUAL JUSTICE ACT
Sec. 701. Short title.
Sec. 702. Prohibition of racially discriminatory policies concerning capital pun-
ishment or other penalties.
Sec. 703. General safeguards against racial prejudice or bias in the tribunal.
Sec. 704. Federal capital cases.
Sec. 705. Extension of protection of civil rights statutes.
TITLE VIII—PUBLIC CORRUPTION
Sec. 801. Short title.
Sec. 802. Public corruption.
Sec. 803. Interstate commerce.
Sec. 804. Narcotics-related public corruption.
TITLE IX—FEDERAL PRISONS
Sec. 901. Authorization of appropriations for new prison construction.
TITLE X—VIOLENT CRIME
Sec. 1001. Short title.
Sec. 1002. Title 18 amendment.
TITLE XI—INTERNATIONAL PARENTAL KIDNAPPING
Sec. 1101. Short title.
Sec. 1102. Title 18 amendment.
Sec. 1103. State court programs regarding international parental child abduc-
tion.
TITLE I—DEATH PENALTY
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Federal Death Penalty
Act of 1993’’.
SEC. 102. DEATH PENALTY PROCEDURES.
(a) ADDITION OF CHAPTER TO TITLE 18, UNITED
STATES CODE.—Title 18, United States Code, is amended
by inserting after chapter 227 the following new chapter:
‘‘CHAPTER 228—DEATH PENALTY
PROCEDURES
‘‘Sec.
‘‘3591. Sentence of death.
‘‘3592. Factors to be considered in determining whether a sentence of death is
justified.
‘‘3593. Special hearing to determine whether a sentence of death is justified.
‘‘3594. Imposition of a sentence of death.
‘‘3595. Review of a sentence of death.
‘‘3596. Implementation of a sentence of death.
‘‘3597. Use of State facilities.
‘‘3598. Appointment of counsel.
‘‘3599. Collateral attack on judgment imposing sentence of death.
‘‘3600. Application in Indian country.
‘‘§ 3591. Sentence of death
‘‘A defendant who has been found guilty of—
‘‘(1) an offense described in section 794 or sec-
tion 2381;
‘‘(2) an offense described in section 1751(c) if
the offense, as determined beyond a reasonable
doubt at a hearing under section 3593, constitutes
an attempt to murder the President of the United
States and results in bodily injury to the President
or comes dangerously close to causing the death of
the President;
‘‘(3) an offense referred to in section 408(c)(1)
of the Controlled Substances Act (21 U.S.C.
848(c)(1)), committed as part of a continuing crimi-
nal enterprise offense under the conditions described
in subsection (b) of that section which involved not
less than twice the quantity of controlled substance
described in subsection (b)(2)(A) or twice the gross
receipts described in subsection (b)(2)(B);
‘‘(4) an offense referred to in section 408(c)(1)
of the Controlled Substances Act (21 U.S.C.
848(c)(1)), committed as part of a continuing crimi-
nal enterprise offense under that section, where the
defendant is a principal administrator, organizer, or
leader of such an enterprise, and the defendant, in
order to obstruct the investigation or prosecution of
the enterprise or an offense involved in the enter-
prise, attempts to kill or knowingly directs, advises,
authorizes, or assists another to attempt to kill any
public officer, juror, witness, or members of the fam-
ily or household of such a person;
‘‘(5) an offense constituting a felony violation of
the Controlled Substances Act (21 U.S.C. 801 et
seq.), the Controlled Substances Import and Export
Act (21 U.S.C. 951 et seq.), or the Maritime Drug
Law Enforcement Act (46 U.S.C. App. 1901 et
seq.), where the defendant, intending to cause death
or acting with reckless disregard for human life, en-
gages in such a violation, and the death of another
person results in the course of the violation or from
the use of the controlled substance involved in the
violation; or
‘‘(6) any other offense for which a sentence of
death is provided if the defendant, as determined be-
yond a reasonable doubt at a hearing under section
3593, caused the death of a person intentionally,
knowingly, or through recklessness manifesting ex-
treme indifference to human life, or caused the
death of a person through the intentional infliction
of serious bodily injury,
shall be sentenced to death if, after consideration of the
factors set forth in section 3592 in the course of a hearing
held pursuant to section 3593, it is determined that impo-
sition of a sentence of death is justified, except that no
person may be sentenced to death who was less than 18
years of age at the time of the offense or who is mentally
retarded.
‘‘§ 3592. Factors to be considered in determining
whether a sentence of death is justified
‘‘(a) MITIGATING FACTORS.—In determining wheth-
er a sentence of death is justified for any offense, the jury,
or if there is no jury, the court, shall consider each of
the following mitigating factors and determine which, if
any, exist:
‘‘(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, regardless
of whether the capacity was so impaired as to con-
stitute a defense to the charge.
‘‘(2) DURESS.—The defendant was under un-
usual and substantial duress, regardless of whether
the duress was of such a degree as to constitute a
defense to the charge.
‘‘(3) PARTICIPATION IN OFFENSE MINOR.—The
defendant’s participation in the offense, which was
committed by another, was relatively minor, regard-
less of whether the participation was so minor as to
constitute a defense to the charge.
‘‘(4) NO
SIGNIFICANT
CRIMINAL
HISTORY.—
The defendant did not have a significant history of
other criminal conduct.
‘‘(5) DISTURBANCE.—The defendant committed
the offense under severe mental or emotional dis-
turbance.
‘‘(6) VICTIM’S CONSENT.—The victim consented
to the criminal conduct that resulted in the victim’s
death.
‘‘(c) AGGRAVATING FACTORS FOR HOMICIDE AND
FOR ATTEMPTED MURDER OF THE PRESIDENT.—In de-
termining whether a sentence of death is justified for an
offense described in section 3591 (2) or (6), the jury, or
if there is no jury, the court, shall consider each of the
following aggravating factors and determine which, if any,
exist:
‘‘(1) CONDUCT OCCURRED DURING COMMISSION
OF SPECIFIED CRIMES.—The conduct resulting in
death occurred during the commission or attempted
commission of, or during the immediate flight from
the commission of, an offense under section 32 (de-
struction of aircraft or aircraft facilities), section 33
(destruction of motor vehicles or motor vehicle facili-
ties), section 36 (violence at international airports),
section 351 (violence against Members of Congress,
Cabinet officers, or Supreme Court Justices), section
751 (prisoners in custody of institution or officer),
section 794 (gathering or delivering defense informa-
tion to aid foreign government), section 844(d)
(transportation of explosives in interstate commerce
for certain purposes), section 844(f) (destruction of
Government property by explosives), section 844(i)
(destruction of property affecting interstate com-
merce by explosives), section 1116 (killing or at-
tempted killing of diplomats), section 1118 (pris-
oners serving life term), section 1201 (kidnapping),
section 1203 (hostage taking), section 1751 (violence
against the President or Presidential staff), section
1992 (wrecking trains), section 2280 (maritime vio-
lence), section 2281 (maritime platform violence),
section 2332 (terrorist acts abroad against United
States nationals), section 2339A (use of weapons of
mass destruction), or section 2381 (treason) of this
title, section 1826 of title 28 (persons in custody as
recalcitrant witnesses or hospitalized following insan-
ity acquittal), or section 902 (i) or (n) of the Fed-
eral Aviation Act of 1958 (49 U.S.C. App. 1472 (i)
or (n) (aircraft piracy)).
‘‘(2) INVOLVEMENT OF FIREARM OR PREVIOUS
CONVICTION OF VIOLENT FELONY INVOLVING FIRE-
ARM.—The defendant—
‘‘(A) during and in relation to the commis-
sion of the offense or in escaping or attempting
to escape apprehension used or possessed a fire-
arm (as defined in section 921); or
‘‘(B) has previously been convicted of a
Federal or State offense punishable by a term
of imprisonment of more than 1 year, involving
the use of attempted or threatened use of a
firearm (as defined in section 921), against an-
other person.
‘‘(3) PREVIOUS CONVICTION OF OFFENSE FOR
WHICH A SENTENCE OF DEATH OR LIFE IMPRISON-
MENT WAS AUTHORIZED.—The defendant has pre-
viously been convicted of another Federal or State
offense resulting in the death of a person, for which
a sentence of life imprisonment or death was author-
ized by statute.
‘‘(4) PREVIOUS CONVICTION OF OTHER SERI-
OUS OFFENSES.—The defendant has previously been
convicted of 2 or more Federal or State offenses,
each punishable by a term of imprisonment of more
than 1 year, committed on different occasions, in-
volving the importation, manufacture, or distribution
of a controlled substance (as defined in section 102
of the Controlled Substances Act (21 U.S.C. 802))
or the infliction of, or attempted infliction of, serious
bodily injury or death upon another person.
‘‘(5) GRAVE RISK OF DEATH TO ADDITIONAL
PERSONS.—The defendant, in the commission of the
offense or in escaping or attempting to escape ap-
prehension, knowingly created a grave risk of death
to one or more persons in addition to the victim of
the offense.
‘‘(6) HEINOUS, CRUEL OR DEPRAVED MANNER
OF COMMISSION.—The defendant committed the of-
fense in an especially heinous, cruel, or depraved
manner in that it involved torture or serious physical
abuse to the victim.
‘‘(7) PROCUREMENT
OF
OFFENSE
BY
PAY-
MENT.—The defendant procured the commission of
the offense by payment, or promise of payment, of
anything of pecuniary value.
‘‘(8) COMMISSION OF THE OFFENSE FOR PECU-
NIARY GAIN.—The defendant committed the offense
as consideration for the receipt, or in the expectation
of the receipt, of anything of pecuniary value.
‘‘(9) 
SUBSTANTIAL
PLANNING
AND
PREMEDITATION.—The defendant committed the of-
fense after substantial planning and premeditation.
‘‘(10) VULNERABILITY OF VICTIM.—The victim
was particularly vulnerable due to old age, youth, or
infirmity.
‘‘(11) TYPE OF VICTIM.—The defendant com-
mitted the offense against—
‘‘(A) the President of the United States,
the President-elect, the Vice President, the Vice
President-elect, the Vice President-designate,
or, if there was no Vice President, the officer
next in order of succession to the office of the
President of the United States, or any person
acting as President under the Constitution and
laws of the United States;
‘‘(B) a chief of state, head of government,
or the political equivalent, of a foreign nation;
‘‘(C) a foreign official listed in section
1116(b)(3)(A), if that official was in the United
States on official business; or
‘‘(D) a Federal public servant who was
outside of the United States or who was a Fed-
eral judge, a Federal law enforcement officer,
an employee (including a volunteer or contract
employee) of a Federal prison, or an official of
the Federal Bureau of Prisons—
‘‘(i) while such public servant was en-
gaged in the performance of his official du-
ties;
‘‘(ii) because of the performance of
such public servant’s official duties; or
‘‘(iii) because of such public servant’s
status as a public servant.
For purposes of this paragraph, the terms ‘Presi-
dent-elect’ and ‘Vice President-elect’ mean such per-
sons as are the apparent successful candidates for
the offices of President and Vice President, respec-
tively, as ascertained from the results of the general
elections held to determine the electors of President
and Vice President in accordance with sections 1
and 2 of title 3; a ‘Federal law enforcement officer’
is a public servant authorized by law or by a Gov-
ernment agency or Congress to conduct or engage in
the prevention, investigation, or prosecution of an
offense; ‘Federal prison’ means a 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 ‘Federal judge’ means any
judicial officer of the United States, and includes a
justice of the Supreme Court and a United States
magistrate judge.
The jury, or if there is no jury, the court, may consider
whether any other aggravating factor exists.
‘‘(d) AGGRAVATING FACTORS FOR DRUG OFFENSE
DEATH PENALTY.—In determining whether a sentence of
death is justified for an offense described in section 3591
(3), (4), or (5), the jury, or if there is no jury, the court,
shall consider each of the following aggravating factors
and determine which, if any, exist:
‘‘(4) USE OF FIREARM.—In committing the of-
fense, or in furtherance of a continuing criminal en-
terprise of which the offense was a part, the defend-
ant used a firearm or knowingly directed, advised,
authorized, or assisted another to use a firearm (as
defined in section 921) to threaten, intimidate, as-
sault, or injure a person.
‘‘(5) DISTRIBUTION TO PERSONS UNDER 21.—
The offense, or a continuing criminal enterprise of
which the offense was a part, involved conduct pro-
scribed by section 418 of the Controlled Substances
Act (21 U.S.C. 859) which was committed directly
by the defendant or for which the defendant would
be liable under section 2 of this title.
‘‘(6) DISTRIBUTION NEAR SCHOOLS.—The of-
fense, or a continuing criminal enterprise of which
the offense was a part, involved conduct proscribed
by section 419 of the Controlled Substances Act (21
U.S.C. 860) which was committed directly by the de-
fendant or for which the defendant would be liable
under section 2 of this title.
‘‘(7) USING MINORS IN TRAFFICKING.—The of-
fense, or a continuing criminal enterprise of which
the offense was a part, involved conduct proscribed
by section 420 of the Controlled Substances Act (21
U.S.C. 861) which was committed directly by the de-
fendant or for which the defendant would be liable
under section 2 of this title.
‘‘(8) LETHAL ADULTERANT.—The offense in-
volved the importation, manufacture, or distribution
of a controlled substance (as defined in section 102
of the Controlled Substances Act (21 U.S.C. 802)),
mixed with a potentially lethal adulterant, and the
defendant was aware of the presence of the
adulterant.
The jury, or if there is no jury, the court, may consider
whether any other aggravating factor exists.
‘‘§ 3593. Special hearing to determine whether a sen-
tence of death is justified
‘‘(a) NOTICE BY THE GOVERNMENT.—Whenever the
Government intends to seek the death penalty for an of-
fense described in section 3591, the attorney for the Gov-
ernment, a reasonable time before the trial, or before ac-
ceptance by the court of a plea of guilty, or at such time
thereafter as the court may permit upon a showing of good
cause, shall sign and file with the court, and serve on the
defendant, a notice that the Government in the event of
conviction will seek the sentence of death. The notice shall
set forth the aggravating factor or factors enumerated in
section 3592, and any other aggravating factor not specifi-
cally enumerated in section 3592, that the Government,
if the defendant is convicted, will seek to prove as the basis
for the death penalty. The factors for which notice is pro-
vided under this subsection may include factors concerning
the effect of the offense on the victim and the victim’s
family. The court may permit the attorney for the Govern-
ment to amend the notice upon a showing of good cause.
‘‘(b) HEARING BEFORE A COURT OR JURY.—When
the attorney for the Government has filed a notice as re-
quired under subsection (a) and the defendant is found
guilty of an offense described in section 3591, the judge
who presided at the trial or before whom the guilty plea
was entered, or another judge if that judge is unavailable,
shall conduct a separate sentencing hearing to determine
the punishment to be imposed. Prior to such a hearing,
no presentence report shall be prepared by the United
States Probation Service, notwithstanding the provisions
of the Federal Rules of Criminal Procedure. The hearing
shall be conducted—
‘‘(1) before the jury that determined the de-
fendant’s guilt;
‘‘(2) before a jury impaneled for the purpose of
the hearing if—
‘‘(A) the defendant was convicted upon a
plea of guilty;
‘‘(B) the defendant was convicted after a
trial before the court sitting without a jury;
‘‘(C) the jury that determined the defend-
ant’s guilt was discharged for good cause; or
‘‘(D) after initial imposition of a sentence
under this section, reconsideration of the sen-
tence under the section is necessary; or
‘‘(3) before the court alone, upon motion of the
defendant and with the approval of the attorney for
the Government.
A jury impaneled pursuant to paragraph (2) shall consist
of 12 members, unless, at any time before the conclusion
of the hearing, the parties stipulate, with the approval of
the court, that it shall consist of a lesser number.
‘‘(c) PROOF OF MITIGATING AND AGGRAVATING FAC-
TORS.—At the hearing, information may be presented as
to—
‘‘(1) any matter relating to any mitigating fac-
tor listed in section 3592 and any other mitigating
factor; and
‘‘(2) any matter relating to any aggravating
factor listed in section 3592 for which notice has
been provided under subsection (a) and (if informa-
tion is presented relating to such a listed factor) any
other aggravating factor for which notice has been
so provided.
The information presented may include the trial transcript
and exhibits. Any other information relevant to such miti-
gating or aggravating factors may be presented by either
the Government or the defendant. The information pre-
sented by the Government in support of factors concerning
the effect of the offense on the victim and the victim’s
family may include oral testimony, a victim impact state-
ment that identifies the victim of the offense and the na-
ture and extent of harm and loss suffered by the victim
and the victim’s family, and other relevant information.
Information is admissible regardless of its admissibility
under the rules governing admission of evidence at crimi-
nal trials, except that information may be excluded if its
probative value is outweighed by the danger of creating
unfair prejudice, confusing the issues, or misleading the
jury. The attorney for the Government and for the defend-
ant shall be permitted to rebut any information received
at the hearing, and shall be given fair opportunity to
present argument as to the adequacy of the information
to establish the existence of any aggravating or mitigating
factor, and as to the appropriateness in that case of im-
posing a sentence of death. The attorney for the Govern-
ment shall open the argument. The defendant shall be per-
mitted to reply. The Government shall then be permitted
to reply in rebuttal. The burden of establishing the exist-
ence of an aggravating factor is on the Government, and
is not satisfied unless the existence of such a factor is es-
tablished beyond a reasonable doubt. The burden of estab-
lishing the existence of any mitigating factor is on the de-
fendant, and is not satisfied unless the existence of such
a factor is established by a preponderance of the evidence.
‘‘(d) RETURN OF SPECIAL FINDINGS.—The jury, or
if there is no jury, the court, shall consider all the informa-
tion received during the hearing. It shall return special
findings identifying any aggravating factor or factors set
forth in section 3592 found to exist and any other aggra-
vating factor for which notice has been provided under
subsection (a) found to exist. A finding with respect to
a mitigating factor may be made by one or more members
of the jury, and any member of the jury who finds the
existence of a mitigating factor may consider such factor
established for purposes of this section regardless of the
number of jurors who concur that the factor has been es-
tablished. A finding with respect to any aggravating factor
must be unanimous. If no aggravating factor set forth in
section 3592 is found to exist, the court shall impose a
sentence other than death authorized by law.
‘‘(e) RETURN OF A FINDING CONCERNING A SEN-
TENCE OF DEATH.—If, in the case of—
‘‘(1) an offense described in section 3591(1), an
aggravating factor required to be considered under
section 3592(b) is found to exist;
‘‘(2) an offense described in section 3591 (2) or
(6), an aggravating factor required to be considered
under section 3592(c) is found to exist; or
‘‘(3) an offense described in section 3591 (3),
(4), or (5), an aggravating factor required to be con-
sidered under section 3592(d) is found to exist,
the jury, or if there is no jury, the court, shall then con-
sider whether the aggravating factor or factors found to
exist under subsection (d) outweigh any mitigating factor
or factors. The jury, or if there is no jury, the court shall
recommend a sentence of death if it unanimously finds at
least one aggravating factor and no mitigating factor or
if it finds one or more aggravating factors which outweigh
any mitigating factors. In any other case, it shall not rec-
ommend a sentence of death. The jury shall be instructed
that it must avoid any influence of sympathy, sentiment,
passion, prejudice, or other arbitrary factors in its deci-
sion, and should make such a recommendation as the in-
formation warrants.
‘‘(f) SPECIAL PRECAUTION TO ASSURE AGAINST
DISCRIMINATION.—In a hearing held before a jury, the
court, prior to the return of a finding under subsection
(e), shall instruct the jury that, in considering whether
a sentence of death is justified, it shall not be influenced
by prejudice or bias relating to the race, color, religion,
national origin, or sex of the defendant or of any victim
and that the jury is not to recommend a sentence of death
unless it has concluded that it would recommend a sen-
tence of death for the crime in question no matter what
the race, color, religion, national origin, or sex of the de-
fendant or of any victim may be. The jury, upon return
of a finding under subsection (e), shall also return to the
court a certificate, signed by each juror, that prejudice or
bias relating to the race, color, religion, national origin,
or sex of the defendant or any victim was not involved
in reaching his or her individual decision and that the indi-
vidual juror would have made the same recommendation
regarding a sentence for the crime in question no matter
what the race, color, religion, national origin, or sex of
the defendant or any victim may be.
‘‘§ 3594. Imposition of a sentence of death
‘‘Upon the recommendation under section 3593(e)
that a sentence of death be imposed, the court shall sen-
tence the defendant to death. Otherwise the court shall
impose a sentence, other than death, authorized by law.
Notwithstanding any other provision of law, if the maxi-
mum term of imprisonment for the offense is life imprison-
ment, the court may impose a sentence of life imprison-
ment without the possibility of release.
‘‘§ 3595. Review of a sentence of death
‘‘(a) APPEAL.—In a case in which a sentence of death
is imposed, the sentence shall be subject to review by the
court of appeals upon appeal by the defendant. Notice of
appeal of the sentence must be filed within the time speci-
fied for the filing of a notice of appeal of the judgment
of conviction. An appeal of the sentence under this section
may be consolidated with an appeal of the judgment of
conviction and shall have priority over all other cases.
‘‘(b) REVIEW.—The court of appeals shall review the
entire record in the case, including—
‘‘(1) the evidence submitted during the trial;
‘‘(2) the information submitted during the sen-
tencing hearing;
‘‘(3) the procedures employed in the sentencing
hearing; and
‘‘(4) the special findings returned under section
3593(d).
‘‘(c) DECISION AND DISPOSITION.—
‘‘(1) AFFIRMANCE.—If the court of appeals de-
termines that—
‘‘(A) the sentence of death was not im-
posed under the influence of passion, prejudice,
or any other arbitrary factor;
‘‘(B) the evidence and information support
the special findings of the existence of an ag-
gravating factor or factors; and
‘‘(C) the proceedings did not involve any
other prejudicial error requiring reversal of the
sentence that was properly preserved for and
raised on appeal,
it shall affirm the sentence.
‘‘(2) REMAND.—In a case in which the sentence
is not affirmed under paragraph (1), the court of
appeals shall remand the case for reconsideration
under section 3593 or for imposition of another au-
thorized sentence as appropriate, except that the
court shall not reverse a sentence of death on the
ground that an aggravating factor was invalid or
was not supported by the evidence and information
if at least one aggravating factor required to be con-
sidered under section 3592 remains which was found
to exist and the court, on the basis of the evidence
submitted at trial and the information submitted at
the sentencing hearing, finds no mitigating factor or
finds that the remaining aggravating factor or fac-
tors which were found to exist outweigh any mitigat-
ing factors.
‘‘(3) STATEMENT OF REASONS.—The court of
appeals shall state in writing the reasons for its dis-
position of an appeal of a sentence of death under
this section.
‘‘§ 3596. Implementation of a sentence of death
‘‘(a) IN GENERAL.—A person who has been sen-
tenced to death pursuant to this chapter shall be commit-
ted to the custody of the Attorney General until exhaus-
tion of the procedures for appeal of the judgment of con-
viction and for review of the sentence. When the sentence
is to be implemented, the Attorney General shall release
the person sentenced to death to the custody of a United
States Marshal, who shall supervise implementation of the
sentence in the manner prescribed by the law of the State
in which the sentence is imposed. If the law of such State
does not provide for implementation of a sentence of
death, the court shall designate another State, the law of
which does so provide, and the sentence shall be imple-
mented in the manner prescribed by such law.
‘‘(b) SPECIAL BARS TO EXECUTION.—A sentence of
death shall not be carried out upon a person who lacks
the mental capacity to understand the death penalty and
why it was imposed on that person, or upon a woman while
she is pregnant.
‘‘(c) EMPLOYEES MAY DECLINE TO PARTICIPATE.—
No employee of any State department of corrections, the
Federal Bureau of Prisons, or the United States Marshals
Service, and no employee providing services to that depart-
ment, bureau, or service under contract shall be required,
as a condition of that employment or contractual obliga-
tion, to be in attendance at or to participate in any execu-
tion carried out under this section if such participation
is contrary to the moral or religious convictions of the em-
ployee. For purposes of this subsection, the term ‘partici-
pate in any execution’ includes personal preparation of the
condemned individual and the apparatus used for the exe-
cution, and supervision of the activities of other personnel
in carrying out such activities.
‘‘§ 3597. Use of State facilities
‘‘A United States Marshal charged with supervising
the implementation of a sentence of death may use appro-
priate State or local facilities for the purpose, may use
the services of an appropriate State or local official or of
a person such an official employs for the purpose, and
shall pay the costs thereof in an amount approved by the
Attorney General.
‘‘§ 3598. Appointment of counsel
‘‘(a) REPRESENTATION
OF
INDIGENT
DEFEND-
ANTS.—This section shall govern the appointment of coun-
sel for any defendant against whom a sentence of death
is sought, or on whom a sentence of death has been im-
posed, for an offense against the United States, where the
defendant is or becomes financially unable to obtain ade-
quate representation. Such a defendant shall be entitled
to appointment of counsel from the commencement of trial
proceedings until one of the conditions specified in section
3599(b) has occurred. This section shall not affect the ap-
pointment of counsel and the provision of ancillary legal
services under section 408(q) (4), (5), (6), (7), (8), (9),
and (10) of the Controlled Substances Act (21 U.S.C. 848
(q) (4), (5), (6), (7), (8), (9), and (10)).
‘‘(b) REPRESENTATION BEFORE FINALITY OF JUDG-
MENT.—A defendant within the scope of this section shall
have counsel appointed for trial representation as provided
in section 3005. At least 1 counsel so appointed shall con-
tinue to represent the defendant until the conclusion of
direct review of the judgment, unless replaced by the court
with other qualified counsel.
‘‘(c) REPRESENTATION AFTER FINALITY OF JUDG-
MENT.—When a judgment imposing a sentence of death
has become final through affirmance by the Supreme
Court on direct review, denial of certiorari by the Supreme
Court on direct review, or expiration of the time for seek-
ing direct review in the court of appeals or the Supreme
Court, the Government shall promptly notify the district
court that imposed the sentence. Within 10 days after re-
ceipt of such notice, the district court shall proceed to
make a determination whether the defendant is eligible
under this section for appointment of counsel for subse-
quent proceedings. On the basis of the determination, the
court shall issue an order—
‘‘(1) appointing 1 or more counsel to represent
the defendant upon a finding that the defendant is
financially unable to obtain adequate representation
and wishes to have counsel appointed or is unable
competently to decide whether to accept or reject ap-
pointment of counsel;
‘‘(2) finding, after a hearing if necessary, that
the defendant rejected appointment of counsel and
made the decision with an understanding of its legal
consequences; or
‘‘(3) denying the appointment of counsel upon
a finding that the defendant is financially able to ob-
tain adequate representation.
Counsel appointed pursuant to this subsection shall be dif-
ferent from the counsel who represented the defendant at
trial and on direct review unless the defendant and counsel
request a continuation or renewal of the earlier represen-
tation.
‘‘(d) STANDARDS FOR COMPETENCE OF COUNSEL.—
In relation to a defendant who is entitled to appointment
of counsel under this section, at least 1 counsel appointed
for trial representation must have been admitted to the
bar for at least 5 years and have at least 3 years of experi-
ence in the trial of felony cases in the federal district
courts. If new counsel is appointed after judgment, at
least 1 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 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 FA-
CILITIES.
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 ESPIO-
NAGE.
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 MUR-
DER.
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 KID-
NAPPING.
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 AC-
TIVITY.
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 Unit-
ed 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 suffer-
ing;
‘‘(B) the administration or application, or
threatened administration or application, of
mind-altering substances or other procedures
calculated to disrupt profoundly the senses or
the personality;
‘‘(C) the threat of imminent death; or
‘‘(D) the threat that another person will
imminently be subjected to death, severe phys-
ical pain or suffering, or the administration or
application of mind-altering substances or other
procedures calculated to disrupt profoundly the
senses or personality; and
‘‘(3) ‘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 Unit-
ed States, irrespective of the nationality of the vic-
tim or the alleged offender.
‘‘§ 2340B. Exclusive remedies
‘‘Nothing in this chapter shall be construed as pre-
cluding the application of State or local laws on the same
subject, nor shall anything in this chapter be construed
as creating any substantive or procedural right enforceable
by law by any party in any civil proceeding.’’.
(b) 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 WIT-
NESSES.
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 ju-
risdiction over an offense described in this section if the
conduct resulting in death occurs in the District of Colum-
bia.
‘‘(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 of-
fense was confined in or had escaped from a jail,
prison, or other correctional or detention facility,
was on pre-trial release, or was on probation, parole,
supervised release, or other post-conviction condi-
tional 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 Unit-
ed 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 ex-
plosives;
‘‘(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
States, or to test the validity of his detention pending re-
moval proceedings.
‘‘An appeal may not be taken to the court of appeals
from the final order in a habeas corpus proceeding where
the detention complained of arises out of process issued
by a State court, or from the final order in a proceeding
under section 2255, unless a circuit justice or judge issues
a certificate of probable cause.’’.
SEC. 204. AMENDMENT OF FEDERAL RULES OF APPELLATE
PROCEDURE.
Rule 22 of the Federal Rules of Appellate Procedure
is amended to read as follows:
‘‘§ Rule 22. Habeas corpus and section 2255 proceed-
ings
‘‘(a) APPLICATION FOR AN ORIGINAL WRIT OF HA-
BEAS CORPUS.—An application for a writ of habeas cor-
pus shall be made to the appropriate district court. If ap-
plication is made to a circuit judge, the application will
ordinarily be transferred to the appropriate district court.
If an application is made to or transferred to the district
court and denied, renewal of the application before a cir-
cuit judge is not favored; the proper remedy is by appeal
to the court of appeals from the order of the district court
denying the writ.
‘‘(b) NECESSITY
OF CERTIFICATE
OF PROBABLE
CAUSE FOR APPEAL.—In a habeas corpus proceeding in
which the detention complained of arises out of process
issued by a State court, and in a motion proceeding pursu-
ant to section 2255 of title 28, United States Code, an
appeal by the applicant or movant may not proceed unless
a circuit judge issues a certificate of probable cause. If
a request for a certificate of probable cause is addressed
to the court of appeals, it shall be deemed addressed to
the judges thereof and shall be considered by a circuit
judge or judges as the court deems appropriate. If no ex-
press request for a certificate is filed, the notice of appeal
shall be deemed to constitute a request addressed to the
judges of the court of appeals. If an appeal is taken by
a State or the Government or its representative, a certifi-
cate or probable cause is not required.’’.
SEC. 205. SECTION 2254 AMENDMENTS.
Section 2254 of title 28, United States Code, is
amended—
(1) by amending subsection (b) to read as fol-
lows:
‘‘(b) An application for a writ of habeas corpus in
behalf of a person in custody pursuant to the judgment
of a State court shall not be granted unless it appears
that the applicant has exhausted the remedies available
in the courts of the State, or that there is either an ab-
sence of available State corrective process or the existence
of circumstances rendering such process ineffective to pro-
tect the rights of the applicant. An application may be
denied on the merits notwithstanding the failure of the
applicant to exhaust the remedies available in the courts
of the State.’’;
(2) by redesignating 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.
‘‘(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.
‘‘§ 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
‘‘(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 sec-
tion.
‘‘§ 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;
‘‘(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
100
‘‘(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.
‘‘§ 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
101
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
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
102
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
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
103
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-
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
104
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.’’.
(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:
105
‘‘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.’’.
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
106
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
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—FIREARMS AND
RELATED AMENDMENTS
SEC. 401. INCREASED MANDATORY MINIMUM SENTENCES
FOR CRIMINALS USING FIREARMS.
Section 924(c)(1) of title 18, United States Code, is
amended to read as follows:
‘‘(c)(1)(A) Whoever, during and in relation to any
crime of violence or drug trafficking crime (including a
107
crime of violence or drug trafficking crime which provides
for an enhanced punishment if committed by the use of
a deadly or dangerous weapon or device) for which the
person may be prosecuted in a court of the United
States—
‘‘(i) knowingly uses, carries, or otherwise pos-
sesses a firearm, shall, in addition to the punish-
ment provided for the underlying crime, be sen-
tenced to imprisonment for 10 years;
‘‘(ii) discharges a firearm with intent to injure
another person, shall, in addition to the punishment
provided for the underlying crime, be sentenced to
imprisonment for 20 years; or
‘‘(iii) knowingly uses, carries, or otherwise pos-
sesses a firearm that is a machinegun or destructive
device, or that is equipped with a firearm silencer or
firearm muffler, shall, in addition to the punishment
provided for the underlying crime, be sentenced to
imprisonment for 30 years.
‘‘(B)(i) In the case of a second conviction under this
subsection, a person shall, in addition to the punishment
provided for the underlying crime, be sentenced to impris-
onment for 20 years for a violation of subparagraph
(A)(i), to imprisonment for 30 years for a violation of sub-
108
paragraph (A)(ii), and life imprisonment for a violation
of subparagraph (A)(iii).
‘‘(ii) In the case of a third or subsequent conviction
under this subsection, or a conviction for a violation of
subparagraph (A)(ii) that results in the death of another
person, a person shall be sentenced to life imprisonment.
‘‘(C) Notwithstanding any other law, a term of im-
prisonment under this subsection shall run concurrently
with any other term of imprisonment imposed for the un-
derlying crime.
‘‘(D) For the purposes of paragraph (A), a person
shall be considered to be in possession of a firearm if the
person has a firearm readily available at the scene of the
crime during the commission of the crime.’’.
SEC. 402. INCREASED PENALTY FOR SECOND OFFENSE OF
USING AN EXPLOSIVE TO COMMIT A FELONY.
Section 844(h) of title 18, United States Code, is
amended by striking ‘‘ten’’ and inserting ‘‘20’’.
SEC. 403. SMUGGLING FIREARMS IN AID OF DRUG TRAF-
FICKING.
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—
109
‘‘(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),
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. 404. PROHIBITION AGAINST THEFT OF FIREARMS OR
EXPLOSIVES.
(a) FIREARMS.—Section 924 of title 18, United
States Code, as amended by section 403, is amended by
adding at the end the following new subsection:
‘‘(k) 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 less than 2 nor more
than 10 years, fined in accordance with this title, or
both.’’.
110
(b) EXPLOSIVES.—Section 844 of title 18, United
States Code, is amended by adding at the end the follow-
ing new subsection:
‘‘(k) Whoever steals any explosive materials which are
moving as, or are a part of, or which have moved in, inter-
state or foreign commerce shall be imprisoned not less
than 2 nor more than 10 years, fined in accordance with
this title, or both.’’.
SEC. 405. 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. 406. 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:
111
‘‘(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
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.’’.
112
SEC. 407. ELIMINATION OF OUTMODED LANGUAGE RELAT-
ING TO PAROLE.
Section 924 of title 18, United States Code, is
amended—
(1) in subsection (c)(1) by striking ‘‘No person
sentenced under this subsection shall be eligible for
parole during the term of imprisonment imposed
herein.’’; and
(2) in subsection (e)(1) by striking ‘‘, and such
person shall not be eligible for parole with respect to
the sentence imposed under this subsection’’.
SEC. 408. ENHANCED PENALTIES FOR USE OF A FIREARM
IN THE COMMISSION OF COUNTERFEITING
OR FORGERY.
Section 924(c)(1) of title 18, United States Code, as
amended by section 401, is amended in subparagraph (A)
by inserting ‘‘or during and in relation to any felony pun-
ishable under chapter 25’’ after ‘‘United States,’’.
SEC. 409. MANDATORY PENALTIES FOR FIREARMS POSSES-
SION BY VIOLENT FELONS AND SERIOUS
DRUG OFFENDERS.
(a) ONE PRIOR CONVICTION.—Section 924(a)(2) of
title 18, United States Code, is amended by inserting ‘‘,
and if the violation is of section 922(g)(1) by a person
who has a previous conviction for a violent felony or a
serious drug offense (as defined in subsections (e)(2) (A)
113
and (B) of this section), a sentence imposed under this
paragraph shall include a term of imprisonment of not less
than 5 years’’ before the period.
(b) TWO PRIOR CONVICTIONS.—Section 924 of title
18, United States Code, as amended by section 404, is
amended by adding at the end the following new sub-
section:
‘‘(l)(1) Notwithstanding subsection (a)(2), any per-
son who violates section 922(g) and has 2 previous convic-
tions by any court referred to in section 922(g)(1) for a
violent felony (as defined in subsection (e)(2)(B) of this
section) or a serious drug offense (as defined in subsection
(e)(2)(A) of this section) committed on occasions different
from one another shall be fined as provided in this title,
imprisoned not less than 10 years and not more than 20
years, or both.
‘‘(2) Notwithstanding any other law, the court shall
not suspend the sentence of, or grant a probationary sen-
tence to, a person described in paragraph (1) with respect
to the conviction under section 922(g).’’.
SEC. 410. RECEIPT OF FIREARMS BY NONRESIDENT.
Section 922(a) of title 18, United States Code, is
amended—
(1) in paragraph (7)(C) by striking ‘‘and’’;
114
(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. 411. PROHIBITION AGAINST CONSPIRACY TO VIOLATE
FEDERAL FIREARMS OR EXPLOSIVES LAWS.
(a) FIREARMS.—Section 924 of title 18, United
States Code, as amended by section 409(b), is amended
by adding at the end the following new subsection:
‘‘(m) Whoever conspires to commit any offense pun-
ishable under this chapter shall be subject to the same
penalties as those prescribed for the offense the commis-
sion of which was the object of the conspiracy.’’.
(b) EXPLOSIVES.—Section 844 of title 18, United
States Code, as amended by section 404(b), is amended
by adding at the end the following new subsection:
‘‘(l) Whoever conspires to commit any offense punish-
able under this chapter shall be subject to the same pen-
alties as those prescribed for the offense the commission
of which was the object of the conspiracy.’’.
115
SEC. 412. PROHIBITION AGAINST THEFT OF FIREARMS OR
EXPLOSIVES FROM LICENSEE.
(a) FIREARMS.—Section 924 of title 18, United
States Code, as amended by section 411(a), is amended
by adding at the end the following new subsection:
‘‘(n) 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.’’.
(b) EXPLOSIVES.—Section 844 of title 18, United
States Code, as amended by section 411(b), is amended
by adding at the end the following new subsection:
‘‘(m) Whoever steals any explosive material from a
licensed importer, licensed manufacturer, licensed dealer,
or permittee shall be fined in accordance with this title,
imprisoned not more than 10 years, or both.’’.
SEC. 413. PROHIBITION AGAINST DISPOSING OF EXPLO-
SIVES TO PROHIBITED PERSONS.
Section 842(d) of title 18, United States Code, is
amended by striking ‘‘licensee’’ and inserting ‘‘person’’.
SEC. 414. INCREASED PENALTY FOR INTERSTATE GUN
TRAFFICKING.
Section 924 of title 18, United States Code, as
amended by section 412(a), is amended by adding at the
end the following new subsection:
116
‘‘(o) 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. 415. PROHIBITION AGAINST TRANSACTIONS INVOLV-
ING 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
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. 416. 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’’.
117
SEC. 417. POSSESSION OF AN EXPLOSIVE DURING THE
COMMISSION OF A FELONY.
Section 844(h) of title 18, United States Code, is
amended—
(1) by striking ‘‘carries an explosive during’’
and inserting ‘‘uses, carries, or otherwise possesses
an explosive during’’; and
(2) by striking ‘‘used or carried’’ and inserting
‘‘used, carried, or possessed’’.
SEC. 418. 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;
‘‘(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
118
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
‘‘(4) no decision or action of the Secretary pur-
suant to this subsection shall be subject to judicial
review.’’.
119
SEC. 419. DEFINITION OF SERIOUS DRUG OFFENSE.
Section 924(e)(2)(A) of title 18, United States Code,
is amended—
(1) by striking ‘‘or’’ at the end of clause (i);
(2) by adding ‘‘or’’ at the end of clause (ii); and
(3) by adding at the end the following new
clause:
‘‘(iii) an offense under State law that,
if it had been prosecuted as a violation of
the Controlled Substances Act (21 U.S.C.
801 et seq.) as that Act provided at the
time of the offense, would have been pun-
ishable by a maximum term of 10 years or
more;’’.
SEC. 420. 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—
120
‘‘(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.’’.
TITLE V—TERRORISM AND
INTERNATIONAL MATTERS
SEC. 501. 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
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:
121
‘‘§ 2332. Criminal penalties’’;
(3) by inserting before section 2332, as redesig-
nated by paragraph (2), the following new section:
‘‘§ 2331. Definitions
‘‘As used in this chapter—
‘‘(1) the term ‘act of war’ means any act occur-
ring 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;
‘‘(2) the term ‘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,
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
122
‘‘(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;
‘‘(3) the term ‘national of the United States’
has the meaning given such term in section
101(a)(22) of the Immigration and Nationality Act;
and
‘‘(4) the term ‘person’ means any individual or
entity capable of holding a legal or beneficial interest
in property.’’; and
(4) by inserting after section 2332, as redesig-
nated, 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
123
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-
fense in any subsequent civil proceeding under this sec-
tion.
‘‘§ 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
124
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
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
125
‘‘(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).
‘‘§ 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
126
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
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.
127
‘‘(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-
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
128
‘‘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.
SEC. 502. 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
129
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 501(b)(1), is amended by adding at
the end the following new item:
‘‘2339. Providing material support to terrorists.’’.
SEC. 503. FORFEITURE OF ASSETS USED TO SUPPORT TER-
RORISTS.
(a) CIVIL FORFEITURE.—Section 981(a)(1) of title
18, United States Code, is amended by adding at the end
the following new subparagraph:
‘‘(F) Any property, real or personal—
‘‘(i) used or intended for use in committing
or to facilitate the concealment or an escape
from the commission of; or
‘‘(ii) constituting or derived from the gross
profits or other proceeds obtained from,
130
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)).’’.
(b) CRIMINAL FORFEITURE.—Section 982(a) of title
18, United States Code, is amended by adding at the end
the following new paragraph:
‘‘(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. 504. 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:
131
‘‘§ 3528. Aliens; waiver of admission requirements
‘‘(a) IN GENERAL.—Upon authorizing protection to
any alien under this chapter, the United States shall pro-
vide the alien with appropriate immigration visas and
allow the alien to remain in the United States so long as
that alien abides by all laws of the United States and
guidelines, rules and regulations for protection. The Attor-
ney General may determine that the granting of perma-
nent resident status to such alien is in the public interest
and necessary for the safety and protection of such alien
without regard to the alien’s admissibility under immigra-
tion or any other laws and regulations or the failure to
comply with such laws and regulations pertaining to ad-
missibility.
‘‘(b) ALIEN WITH FELONY CONVICTIONS.—Notwith-
standing any other provision of this chapter, an alien who
would not be excluded because of felony convictions shall
be considered for permanent residence on a conditional
basis for a period of 2 years. Upon a showing that the
alien is still being provided protection, or that protection
remains available to the alien in accordance with this
chapter, or that the alien is still cooperating with the Gov-
ernment and has maintained good moral character, the
Attorney General shall remove the conditional basis of the
status effective as of the second anniversary of the alien’s
obtaining the status of admission for permanent residence.
132
Permanent resident status shall not be granted to an alien
who would be excluded because of felony convictions unless
the Attorney General determines, pursuant to regulations
which shall be prescribed by the Attorney General, that
granting permanent residence status to the alien is nec-
essary in the interests of justice and comports with safety
of the community.
‘‘(c) LIMIT ON NUMBER OF ALIENS.—The number
of aliens and members of their immediate families entering
the United States under the authority of this section shall
in no case exceed 200 persons in any fiscal year. The deci-
sion to grant or deny permanent resident status under this
section is at the discretion of the Attorney General and
shall not be subject to judicial review.
‘‘(d) DEFINITIONS.—As used in this section, the
terms ‘alien’ and ‘United States’ have the meanings stated
in section 101 of the Immigration and Nationality Act (8
U.S.C. 1101).’’.
(b) TECHNICAL AMENDMENT.—The chapter analysis
for chapter 224 of title 18, United States Code, is amend-
ed by striking the item relating to section 3528 and insert-
ing the following:
‘‘3528. Aliens; waiver of admission requirements.
‘‘3529. Definition.’’.
133
SEC. 505. TERRITORIAL SEA EXTENDING TO 12 MILES IN-
CLUDED IN SPECIAL MARITIME AND TERRI-
TORIAL JURISDICTION.
The Congress declares that all the territorial sea of
the United States, as defined by Presidential Proclamation
5928 of December 27, 1988, is part of the United States,
subject to its sovereignty, and, for purposes of Federal
criminal jurisdiction, is within the special maritime and
territorial jurisdiction of the United States wherever that
term is used in title 18, United States Code.
SEC. 506. ASSIMILATED CRIMES IN EXTENDED TERRI-
TORIAL SEA.
Section 13 of title 18, United States Code is amend-
ed—
(1) in subsection (a), by inserting after ‘‘title’’
the following: ‘‘or on, above, or below any portion of
the territorial sea of the United States not within
the territory of any State, territory, possession, or
district’’; and
(2) by inserting at the end the following new
subsection:
‘‘(c) Whenever any waters of the territorial sea of the
United States lie outside the territory of any State, terri-
tory, possession, or district, such waters (including the air-
space above and the seabed and subsoil below, and artifi-
cial islands and fixed structures erected thereon) shall be
134
deemed for purposes of subsection (a) to lie within the
area of the State, territory, possession, or district within
which it would lie if the boundaries of the State, territory,
possession, or district were extended seaward to the outer
limit of the territorial sea of the United States.’’.
SEC. 507. JURISDICTION OVER CRIMES AGAINST UNITED
STATES NATIONALS ON CERTAIN FOREIGN
SHIPS.
Section 7 of title 18, United States Code, is amended
by inserting at the end the following new paragraph:
‘‘(8) Any foreign vessel during a voyage having
a scheduled departure from or arrival in the United
States with respect to an offense committed by or
against a national of the United States.’’.
SEC. 508. PENALTIES FOR INTERNATIONAL TERRORIST
ACTS.
Section 2332 of title 18, United States Code, as re-
designated by section 501(a)(2), is amended—
(1) in subsection (a)—
(A) in paragraph (2) by striking ‘‘ten’’ and
inserting ‘‘20’’; and
(B) in paragraph (3) by striking ‘‘three’’
and inserting ‘‘10’’; and
(2) in subsection (c) by striking ‘‘five’’ and in-
serting ‘‘10’’.
135
SEC. 509. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated in each of
the fiscal years 1993, 1994, and 1995, in addition to any
other amounts specified in appropriations Acts, for
counterterrorist operations and programs:
(1) for the Federal Bureau of Investigation,
$25,000,000;
(2) for the Department of State, $10,000,000;
(3) for the United States Customs Service,
$7,500,000;
(4) for the United States Secret Service,
$2,500,000;
(5) for the Bureau of Alcohol, Tobacco, and
Firearms, $2,500,000;
(6) for the Federal Aviation Administration,
$2,500,000; and
(7) for grants to State and local law enforce-
ment agencies, to be administered by the Office of
Justice Programs in the Department of Justice, in
consultation with the Federal Bureau of Investiga-
tion, $25,000,000.
SEC. 510. ENHANCED PENALTIES FOR CERTAIN OFFENSES.
(a) INTERNATIONAL ECONOMIC EMERGENCY POW-
ERS ACT.—(1) Section 206(a) of the International Eco-
nomic Emergency Powers Act (50 U.S.C. 1705(a)) is
136
amended 
by 
striking 
‘‘$10,000’’ 
and 
inserting
‘‘$1,000,000’’.
(2) Section 206(b) of the International Economic
Emergency Powers Act (50 U.S.C. 1705(b)) is amended
by striking ‘‘$50,000’’ and inserting ‘‘$1,000,000’’.
(b) SECTION 1541 OF TITLE 18.—Section 1541 of
title 18, United States Code, is amended—
(1) 
by 
striking 
‘‘$500’’ 
and 
inserting
‘‘$250,000’’; and
(2) by striking ‘‘one year’’ and inserting ‘‘5
years’’.
(c) CHAPTER 75 OF TITLE 18.—Sections 1542,
1543, 1544, and 1546 of title 18, United States Code,
are each amended—
(1) by striking ‘‘$2,000’’ each place it appears
and inserting ‘‘$250,000’’; and
(2) by striking ‘‘five years’’ each place it ap-
pears and inserting ‘‘10 years’’.
(d) SECTION 1545 OF TITLE 18.—Section 1545 of
title 18, United States Code, is amended—
(1) 
by 
striking 
‘‘$2,000’’ 
and 
inserting
‘‘$250,000’’; and
(2) by striking ‘‘three years’’ and inserting ‘‘10
years’’.
137
SEC. 511. SENTENCING GUIDELINES INCREASE FOR TER-
RORIST CRIMES.
The United States Sentencing Commission is directed
to amend its sentencing guidelines to provide an increase
of not less than 3 levels in the base offense level for any
felony, whether committed within or outside the United
States, that involves or is intended to promote inter-
national terrorism, unless such involvement or intent is
itself an element of the crime.
SEC. 512. EXTENSION OF THE STATUTE OF LIMITATIONS
FOR CERTAIN TERRORISM OFFENSES.
(a) IN GENERAL.—Chapter 213 of title 18, United
States Code, is amended by inserting after section 3285
the following new section:
‘‘§ 3286. Extension of statute of limitations for certain
terrorism offenses
‘‘Notwithstanding section 3282, no person shall be
prosecuted, tried, or punished for any offense involving a
violation of section 32, 36, 112, 351, 1116, 1203, 1361,
1751, 2280, 2281, 2332, 2339A, or 2340A of this title
or section 902 (i), (j), (k), (l), or (n) of the Federal Avia-
tion Act of 1958 (49 U.S.C. App. 1572 (i), (j), (k), (l),
and (n)), unless the indictment is found or the information
is instituted within 10 years next after such offense shall
have been committed.’’.
138
(b) TECHNICAL AMENDMENT.—The chapter analysis
for chapter 213 of title 18, United States Code, is amend-
ed by inserting after the item relating to section 3285 the
following new item:
‘‘3286. Extension of statute of limitations for certain terrorism offenses.’’.
SEC. 513. INTERNATIONAL PARENTAL KIDNAPPING.
(a) IN GENERAL.—Chapter 55 of title 18, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 1204. International parental kidnapping
‘‘(a) OFFENSE.—Whoever removes a child from the
United States or retains a child (who has been in the Unit-
ed States) outside the United States with intent to ob-
struct the lawful exercise of parental rights shall be fined
under this title, imprisoned not more than 3 years, or
both.
‘‘(b) DEFINITIONS.—As used in this section—
‘‘(1) the term ‘child’ means a person who has
not attained the age of 16 years; and
‘‘(2) the term ‘parental rights’, with respect to
a child, means the right to physical custody of the
child—
‘‘(A) whether joint or sole (and includes
visiting rights); and
139
‘‘(B) whether arising by operation of law,
court order, or legally binding agreement of the
parties.
‘‘(c) RULE OF CONSTRUCTION.—This section does
not detract from The Hague Convention on the Civil As-
pects of International Parental Child Abduction, done at
The Hague on October 25, 1980.’’.
(b) TECHNICAL AMENDMENT.—The chapter analysis
for chapter 55 of title 18, United States Code, is amended
by adding at the end the following new item:
‘‘1204. International parental kidnapping.’’.
SEC. 514. STATE COURT PROGRAMS REGARDING INTER-
STATE 
AND 
INTERNATIONAL 
PARENTAL
CHILD ABDUCTION.
There is authorized to be appropriated $250,000 to
carry out under the State Justice Institute Act of 1984
(42 U.S.C. 10701 et seq.) national, regional, and in-State
training and educational programs dealing with criminal
and civil aspects of interstate and international parental
child abduction.
SEC. 515. FOREIGN MURDER OF UNITED STATES NATION-
ALS.
(a) IN GENERAL.—Chapter 51 of title 18, United
States Code, as amended by section 141(a), is amended
by adding at the end the following new section:
140
‘‘§ 1120. Foreign murder of United States nationals
‘‘(a) OFFENSE.—Whoever kills or attempts to kill a
national of the United States while such national is out-
side the United States but within the jurisdiction of an-
other country shall be punished as provided under sections
1111, 1112, and 1113.
‘‘(b) APPROVAL OF PROSECUTION.—No prosecution
may be instituted against any person under this section
except upon the written approval of the Attorney General,
the Deputy Attorney General, or an Assistant Attorney
General, which function of approving prosecutions may
not be delegated. No prosecution shall be approved if pros-
ecution has been previously undertaken by a foreign coun-
try for the same act or omission.
‘‘(c) CRITERIA
FOR
APPROVAL.—No prosecution
shall be approved under this section unless the Attorney
General, in consultation with the Secretary of State, deter-
mines that the act or omission took place in a country
in which the person is no longer present, and the country
lacks the ability to lawfully secure the person’s return. A
determination by the Attorney General under this sub-
section is not subject to judicial review.
‘‘(d) ASSISTANCE FROM OTHER AGENCIES.—In the
course of the enforcement of this section and notwith-
standing any other law, the Attorney General may request
141
assistance from any Federal, State, local, or foreign agen-
cy, including the Army, Navy, and Air Force.
‘‘(e) DEFINITION.—As used in this section, the term
‘national of the United States’ has the meaning stated in
section 101(a)(22) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(22)).’’.
(b) TECHNICAL AMENDMENTS.—(1) Section 1117 of
title 18, United States Code, is amended by striking ‘‘or
1116’’ and inserting ‘‘1116, or 1120’’.
(2) The chapter analysis for chapter 51 of title 18,
United States Code, as amended by section 141(b), is
amended by adding at the end the following new item:
‘‘1120. Foreign murder of United States nationals.’’.
SEC. 516. EXTRADITION.
(a) SCOPE.—Section 3181 of title 18, United States
Code, is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before
‘‘The provisions of this chapter’’; and
(2) by adding at the end the following new sub-
sections:
‘‘(b) SURRENDER WITHOUT REGARD TO EXISTENCE
OF EXTRADITION TREATY.—This chapter shall be con-
strued to permit, in the exercise of comity, the surrender
of persons who have committed crimes of violence against
nationals of the United States in foreign countries without
regard to the existence of any treaty of extradition with
142
such foreign government if the Attorney General certifies
in writing that—
‘‘(1) evidence has been presented by the foreign
government that indicates that, if the offenses had
been committed in the United States, they would
constitute crimes of violence (as defined under sec-
tion 16); and
‘‘(2) the offenses charged are not of a political
nature.
‘‘(c) DEFINITION.—As used in this section, the term
‘national of the United States’ has the meaning stated in
section 101(a)(22) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(22)).’’.
(b) FUGITIVES.—Section 3184 of title 18, United
States Code, is amended—
(1) in the first sentence by inserting after
‘‘United States and any foreign government,’’ the
following: ‘‘or in cases arising under section
3181(b),’’;
(2) in the first sentence by inserting after
‘‘treaty or convention,’’ the following: ‘‘or provided
for under section 3181(b),’’; and
(3) in the third sentence by inserting after
‘‘treaty or convention,’’ the following: ‘‘or under sec-
tion 3181(b),’’.
143
SEC. 517. GAMBLING DEVICES ON UNITED STATES SHIPS.
Section 5 of the Act of January 2, 1951 (commonly
known as the ‘‘Johnson Act’’) (15 U.S.C. 1175), is
amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before
‘‘It shall be unlawful’’; and
(2) by adding at the end the following new sub-
section:
‘‘(b) APPLICATION OF SUBSECTION (a).—
‘‘(1) EXCEPTION.—Except as provided in para-
graph (2), subsection (a) does not apply to the re-
pair, transportation, use, or possession of a gam-
bling device on a vessel documented under chapter
121 of title 46, United States Code, when the vessel
is on a voyage—
‘‘(A) on the high seas; or
‘‘(B) on waters that are within the admi-
ralty and maritime jurisdiction of the United
States but out of the jurisdiction of any State.
‘‘(2) VOYAGES AND SEGMENTS BEGINNING AND
ENDING IN THE SAME STATE OR POSSESSION.—The
exception stated in paragraph (1) does not apply to
the repair, transportation, possession, or use of a
gambling device on a vessel that is on a voyage or
segment of a voyage—
144
‘‘(A) that begins and ends in the same
State or possession of the United States,
‘‘(B) during which the vessel does not
make an intervening stop in another State or
possession of the United States or a foreign
country,
if the State or possession of the United States in
which the voyage or segment begins and ends has
enacted a statute that prohibits such repair, trans-
portation, possession, or use.’’.
SEC. 518. FBI ACCESS TO TELEPHONE SUBSCRIBER INFOR-
MATION.
(a) REQUIRED CERTIFICATION.—Section 2709(b) of
title 18, United States Code, is amended to read as fol-
lows:
‘‘(b) REQUIRED CERTIFICATION.—
‘‘(1) NAME, ADDRESS, AND LENGTH OF SERV-
ICE ONLY.—The Director of the Federal Bureau of
Investigation, or the Director’s designee in a posi-
tion not lower than Deputy Assistant Director, may
request the name, address, and length of service of
a person or entity if the Director (or designee in a
position not lower than Deputy Assistant Director)
certifies in writing to the wire or electronic commu-
145
nication service provider to which the request is
made that—
‘‘(A) the information sought is relevant to
an authorized foreign counterintelligence inves-
tigation; and
‘‘(B) there are specific and articulable
facts giving reason to believe that communica-
tion facilities registered in the name of the per-
son or entity have been used, through the serv-
ices of the provider, in communication with—
‘‘(i) an individual who is engaging or
has engaged in international terrorism (as
defined in section 101 of the Foreign Intel-
ligence Surveillance Act of 1978 (50
U.S.C. 1801)) or clandestine intelligence
activities that involve or may involve a vio-
lation of the criminal statutes of the Unit-
ed States; or
‘‘(ii) a foreign power (as defined in
section 101 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C.
1801)) or an agent of a foreign power (as
defined 
in 
that 
section) 
under 
cir-
cumstances giving reason to believe that
the communication concerned international
146
terrorism (as defined in that section) or
clandestine intelligence activities that in-
volve or may involve a violation of the
criminal statutes of the United States.
‘‘(2) NAME, ADDRESS, LENGTH
OF
SERVICE,
AND TOLL BILLING RECORDS.—The Director of the
Federal Bureau of Investigation, or the Director’s
designee in a position not lower than Deputy Assist-
ant Director, may request the name, address, length
of service, and toll billing records of a person or en-
tity if the Director (or designee in a position not
lower than Deputy Assistant Director) certifies in
writing to the wire or electronic communication serv-
ice provider to which the request is made that—
‘‘(A) the name, address, length of service,
and toll billing records sought are relevant to
an authorized foreign counterintelligence inves-
tigation; and
‘‘(B) there are specific and articulable
facts giving reason to believe that the person or
entity to whom the information sought pertains
is a foreign power (as defined in section 101 of
the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1801)) or an agent of a for-
eign power (as defined in that section).’’.
147
(b) REPORT TO JUDICIARY COMMITTEES.—Section
2709(e) of title 18, United States Code, is amended by
adding after ‘‘Senate’’ the following: ‘‘, and the Committee
on the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate,’’.
TITLE 
VI—SEXUAL 
VIOLENCE,
CHILD ABUSE, AND VICTIMS’
RIGHTS
Subtitle A—Sexual Violence and
Child Abuse
SEC. 601. DEFINITION OF SEXUAL ACT FOR VICTIMS BELOW
16 YEARS OF AGE.
Section 2246(2) of title 18, United States Code, as
redesignated by section 137(a)(1), is amended—
(1) by striking ‘‘or’’ at the end of subparagraph
(B);
(2) by striking ‘‘and’’ at the end of subpara-
graph (C) and inserting ‘‘or’’; and
(3) by adding at the end the following new sub-
paragraph:
‘‘(D) the intentional touching, not through
the clothing, of the genitalia of another person
who has not attained the age of 16 years with
an intent to abuse, humiliate, harass, degrade,
148
or to arouse or gratify the sexual desire of, any
person;’’.
SEC. 602. INCREASED PENALTIES FOR RECIDIVIST SEX OF-
FENDERS.
(a) PENALTY.—Chapter 109A of title 18, United
States Code, as amended by section 137(a), is amended—
(1) by redesignating section 2246 as section
2247; and
(2) by inserting after section 2245 the following
new section:
‘‘§ 2246. Penalties for subsequent offenses
‘‘Any person who violates a provision of this chapter
after a prior conviction under a provision of this chapter
or the law of a State (as defined in section 513) for con-
duct proscribed by this chapter has become final is punish-
able by a term of imprisonment up to twice that otherwise
authorized.’’.
(b) TECHNICAL AMENDMENT.—The chapter analysis
for chapter 109A of title 18, United States Code, as
amended by section 137(b), is amended by striking the
item relating to section 2246 and inserting the following:
‘‘2246. Penalties for subsequent offenses.
‘‘2247. Definitions for chapter.’’.
SEC. 603. RESTITUTION FOR VICTIMS OF SEX OFFENSES.
Section 3663(b)(2) of title 18, United States Code,
is amended by inserting ‘‘or an offense under chapter
149
109A or chapter 110’’ after ‘‘an offense resulting in bodily
injury to a victim’’.
SEC. 604. HIV TESTING AND PENALTY ENHANCEMENT IN
SEXUAL ABUSE CASES.
(a) IN GENERAL.—Chapter 109A of title 18, United
States Code, as amended by section 602(a), is amended—
(1) by redesignating section 2247 as section
2248; and
(2) by inserting after section 2246 the following
new section:
‘‘§ 2247. Testing for human immunodeficiency virus;
disclosure of test results to victim; effect
on penalty
‘‘(a) TESTING AT TIME OF PRE-TRIAL RELEASE DE-
TERMINATION.—In a case in which a person is charged
with an offense under this chapter, a judicial officer issu-
ing an order pursuant to section 3142(a) shall include in
the order a requirement that a test for the human
immunodeficiency virus be performed upon the person,
and that follow-up tests for the virus be performed 6
months and 12 months following the date of the initial
test, unless the judicial officer determines that the conduct
of the person created no risk of transmission of the virus
to the victim, and so states in the order. The order shall
direct that the initial test be performed within 24 hours,
150
or as soon thereafter as is feasible. The person shall not
be released from custody until the test is performed.
‘‘(b) TESTING AT LATER TIME.—If a person charged
with an offense under this chapter was not tested for the
human immunodeficiency virus pursuant to subsection (a),
the court may at a later time direct that such a test be
performed upon the person, and that follow-up tests be
performed 6 months and 12 months following the date of
the initial test, if it appears to the court that the conduct
of the person may have risked transmission of the virus
to the victim. A testing requirement under this subsection
may be imposed at any time while the charge is pending,
or following conviction at any time prior to the person’s
completion of service of the sentence.
‘‘(c) TERMINATION OF TESTING REQUIREMENT.—A
requirement of follow-up testing imposed under this sec-
tion shall be canceled if any test is positive for the virus
or the person obtains an acquittal on, or dismissal of, all
charges under this chapter.
‘‘(d) DISCLOSURE OF TEST RESULTS.—The results
of any test for the human immunodeficiency virus per-
formed pursuant to an order under this section shall be
provided to the judicial officer or court. The judicial offi-
cer or court shall ensure that the results are disclosed to
the victim (or to the victim’s parent or legal guardian, as
151
appropriate), the attorney for the Government, and the
person tested.
‘‘(e) EFFECT ON PENALTY.—The United States Sen-
tencing Commission shall amend the sentencing guidelines
for sentences for offenses under this chapter to enhance
the sentence if the offender knew or had reason to know
that the offender was infected with the human
immunodeficiency virus, except where the offender did not
engage or attempt to engage in conduct creating a risk
of transmission of the virus to the victim.’’.
(b) TECHNICAL AMENDMENT.—The chapter analysis
for chapter 109A of title 18, United States Code, as
amended by section 602(b), is amended by striking the
item relating to section 2247 and inserting the following:
‘‘2247. Testing for human immunodeficiency virus; disclosure of test results to
victim; effect on penalty.
‘‘2248. Definitions for chapter.’’.
SEC. 605. PAYMENT OF COST OF HIV TESTING FOR VICTIM.
Section 503(c)(7) of the Victims’ Rights and Restitu-
tion Act of 1990 (42 U.S.C. 10607(c)(7)) is amended by
inserting before the period at the end ‘‘and the cost of
up 
to 
tests 
of 
the 
victim 
for 
the 
human
immunodeficiency virus during the 12 months following
the assault’’.
152
Subtitle B—Victims’ Rights
SEC. 611. RESTITUTION AMENDMENTS.
(a) Section 3663(b) of title 18, United States Code,
is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(3);
(2) by redesignating paragraph (4) as para-
graph (5); and
(3) by inserting after paragraph (4) the follow-
ing new paragraph:
‘‘(4) in any case, reimburse the victim for nec-
essary child care, transportation, and other expenses
related to participation in the investigation or pros-
ecution of the offense or attendance at proceedings
related to the offense; and’’.
(b) SUSPENSION OF FEDERAL BENEFITS.—Section
3663 of title 18, United States Code, is amended—
(1) by redesignating subsections (g) and (h) as
subsections (h) and (i), respectively; and
(2) by inserting after subsection (f) the follow-
ing new subsection:
‘‘(g)(1) If the defendant is delinquent in making res-
titution in accordance with any schedule of payments or
any requirement of immediate payment imposed under
this section, the court may, after a hearing, suspend the
153
defendant’s eligibility for all Federal benefits until such
time as the defendant demonstrates to the court good-
faith efforts to return to such schedule.
‘‘(2) For purposes of this subsection—
‘‘(A) the term ‘Federal benefits’—
‘‘(i) means any grant, contract, loan, pro-
fessional license, or commercial license provided
by an agency of the United States or by appro-
priated funds of the United States; and
‘‘(ii) does not include any retirement, wel-
fare, Social Security, health, disability, veterans
benefit, public housing, or other similar benefit,
or any other benefit for which payments or
services are required for eligibility; and
‘‘(B) the term ‘veterans benefit’ means all bene-
fits provided to veterans, their families, or survivors
by virtue of the service of a veteran in the Armed
Forces of the United States.’’.
SEC. 612. VICTIM’S RIGHT OF ALLOCUTION IN SENTENCING.
Rule 32 of the Federal Rules of Criminal Procedure
is amended—
(1) by striking ‘‘and’’ at the end of subdivision
(a)(1)(B);
(2) by striking the period at the end of subdivi-
sion (a)(1)(C) and inserting ‘‘; and’’;
154
(3) by inserting after subdivision (a)(1)(C) the
following:
‘‘(D) if sentence is to be imposed for a crime
of violence or sexual abuse, address the victim per-
sonally if the victim is present at the sentencing
hearing and determine if the victim wishes to make
a statement and to present any information in rela-
tion to the sentence.’’;
(4) in the penultimate sentence of subdivision
(a)(1) by striking ‘‘equivalent opportunity’’ and in-
serting ‘‘opportunity equivalent to that of the de-
fendant’s counsel’’;
(5) in the last sentence of subdivision (a)(1) by
inserting ‘‘the victim,’’ before ‘‘, or the attorney for
the Government.’’; and
(6) by adding at the end the following new sub-
division:
‘‘(f) DEFINITIONS.—For purposes of this rule—
‘‘(1) ‘crime of violence or sexual abuse’ means
a crime that involved the use or attempted or threat-
ened use of physical force against the person or
property of another, or a crime under chapter 109A
of title 18, United States Code; and
‘‘(2) ‘victim’ means an individual against whom
an offense for which a sentence is to be imposed has
155
been committed, but the right of allocution under
subdivision (a)(1)(D) may be exercised instead by—
‘‘(A) a parent or legal guardian if the vic-
tim is below the age of 18 years or incompetent;
or
‘‘(B) one or more family members or rel-
atives designated by the court if the victim is
deceased or incapacitated,
if such person or persons are present at the sentenc-
ing hearing, regardless of whether the victim is
present.’’.
SEC. 613. RIGHT OF THE VICTIM TO AN IMPARTIAL JURY.
Rule 24(b) of the Federal Rules of Criminal Proce-
dure is amended by striking ‘‘the Government is entitled
to 6 peremptory challenges and the defendant or defend-
ants jointly to 10 peremptory challenges’’ and inserting
‘‘each side is entitled to 6 peremptory challenges’’.
SEC. 614. MANDATORY RESTITUTION AND OTHER PROVI-
SIONS.
(a) ORDER OF RESTITUTION.—Section 3663 of title
18, United States Code, is amended—
(1) in subsection (a)—
(A) by striking ‘‘may order’’ and inserting
‘‘shall order’’; and
156
(B) by adding at the end the following new
paragraph:
‘‘(4) In addition to ordering restitution of the
victim of the offense of which a defendant is con-
victed, a court may order restitution of any person
who, as shown by a preponderance of evidence, was
harmed physically, emotionally, or pecuniarily, by
unlawful conduct of the defendant during—
‘‘(A) the criminal episode during which the
offense occurred; or
‘‘(B) the course of a scheme, conspiracy, or
pattern of unlawful activity related to the of-
fense.’’;
(2) in subsection (b)(1)(A) by striking ‘‘imprac-
tical’’ and inserting ‘‘impracticable’’;
(3) in subsection (b)(2) by inserting ‘‘emotional
or’’ after ‘‘resulting in’’;
(4) in subsection (c) by striking ‘‘If the Court
decides to order restitution under this section, the’’
and inserting ‘‘The’’;
(5) by striking subsections (d), (e), (f), (h), and
(i), as redesignated by section 611(b)(1);
(6) by redesignating subsection (g), as added by
section 611(b)(2), as subsection (d); and
157
(7) by adding at the end the following new sub-
sections:
‘‘(e)(1) The court shall order restitution to a victim
in the full amount of the victim’s losses as determined by
the court and without consideration of—
‘‘(A) the economic circumstances of the of-
fender; or
‘‘(B) the fact that a victim has received or is
entitled to receive compensation with respect to a
loss from insurance or any other source.
‘‘(2) Upon determination of the amount of restitution
owed to each victim, the court shall specify in the restitu-
tion order the manner in which and the schedule according
to which the restitution is to be paid, in consideration of—
‘‘(A) the financial resources and other assets of
the offender;
‘‘(B) projected earnings and other income of
the offender; and
‘‘(C) any financial obligations of the offender,
including obligations to dependents.
‘‘(3) A restoration order may direct the offender to
make a single, lump-sum payment, partial payment at
specified intervals, or such in-kind payments as may be
agreeable to the victim and the offender.
158
‘‘(4) An in-kind payment described in paragraph (3)
may be in the form of—
‘‘(A) return of property;
‘‘(B) replacement of property; or
‘‘(C) services rendered to the victim or to a per-
son or organization other than the victim.
‘‘(f) When the court finds that more than 1 offender
has contributed to the loss of a victim, the court may make
each offender liable for payment of the full amount of res-
titution or may apportion liability among the offenders to
reflect the level of contribution and economic cir-
cumstances of each offender.
‘‘(g) When the court finds that more than 1 victim
has sustained a loss requiring restitution by an offender,
the court shall order full restitution of each victim but may
provide for different payment schedules to reflect the eco-
nomic circumstances of each victim.
‘‘(h)(1) If the victim has received or is entitled to re-
ceive compensation with respect to a loss from insurance
or any other source, the court shall order that restitution
be paid to the person who provided or is obligated to pro-
vide the compensation, but the restitution order shall pro-
vide that all restitution of victims required by the order
be paid to the victims before any restitution is paid to
such a provider of compensation.
159
‘‘(2) The issuance of a restitution order shall not af-
fect the entitlement of a victim to receive compensation
with respect to a loss from insurance or any other source
until the payments actually received by the victim under
the restitution order fully compensate the victim for the
loss, at which time a person that has provided compensa-
tion to the victim shall be entitled to receive any payments
remaining to be paid under the restitution order.
‘‘(3) Any amount paid to a victim under an order of
restitution shall be set off against any amount later recov-
ered as compensatory damages by the victim in—
‘‘(A) any Federal civil proceeding; and
‘‘(B) any State civil proceeding, to the extent
provided by the law of the State.
‘‘(i) A restitution order shall provide that—
‘‘(1) all fines, penalties, costs, restitution pay-
ments and other forms of transfers of money or
property made pursuant to the sentence of the court
shall be made by the offender to an entity des-
ignated by the Director of the Administrative Office
of the United States Courts for accounting and pay-
ment by the entity in accordance with this sub-
section;
160
‘‘(2) the entity designated by the Director of
the Administrative Office of the United States
Courts shall—
‘‘(A) log all transfers in a manner that
tracks the offender’s obligations and the cur-
rent status in meeting those obligations, unless,
after efforts have been made to enforce the res-
titution order and it appears that compliance
cannot be obtained, the court determines that
continued recordkeeping under this subpara-
graph would not be useful;
‘‘(B) notify the court and the interested
parties when an offender is 90 days in arrears
in meeting those obligations; and
‘‘(C) disburse money received from an of-
fender so that each of the following obligations
is paid in full in the following sequence:
‘‘(i) a penalty assessment under sec-
tion 3013;
‘‘(ii) restitution of all victims; and
‘‘(iii) all other fines, penalties, costs,
and other payments required under the
sentence; and
‘‘(3) the offender shall advise the entity des-
ignated by the Director of the Administrative Office
161
of the United States Courts of any change in the of-
fender’s address during the term of the restitution
order.
‘‘(j) A restitution order shall constitute a lien against
all property of the offender and may be recorded in any
Federal or State office for the recording of liens against
real or personal property.
‘‘(k) Compliance with the schedule of payment and
other terms of a restitution order shall be a condition of
any probation, parole, or other form of release of an of-
fender. If a defendant fails to comply with a restitution
order, the court may revoke probation or a term of super-
vised release, modify the term or conditions of probation
or a term of supervised release, hold the defendant in con-
tempt of court, enter a restraining order or injunction,
order the sale of property of the defendant, accept a per-
formance bond, or take any other action necessary to ob-
tain compliance with the restitution order. In determining
what action to take, the court shall consider the defend-
ant’s employment status, earning ability, financial re-
sources, the willfulness in failing to comply with the res-
titution order, and any other circumstances that may have
a bearing on the defendant’s ability to comply with the
restitution order.
‘‘(l) An order of restitution may be enforced—
162
‘‘(1) by the United States—
‘‘(A) in the manner provided for the collec-
tion and payment of fines in subchapter B of
chapter 229; or
‘‘(B) in the same manner as a judgment in
a civil action; and
‘‘(2) by a victim named in the order to receive
restitution, in the same manner as a judgment in a
civil action.
‘‘(m) A victim or the offender may petition the court
at any time to modify a restitution order as appropriate
in view of a change in the economic circumstances of the
offender.’’.
(b) PROCEDURE FOR ISSUING ORDER OF RESTITU-
TION.—Section 3664 of title 18, United States Code, is
amended—
(1) by striking subsection (a);
(2) by redesignating subsections (b), (c), (d),
and (e) as subsections (a), (b), (c), and (d);
(3) by amending subsection (a), as redesignated
by paragraph (2), to read as follows:
‘‘(a) The court may order the probation service of the
court to obtain information pertaining to the amount of
loss sustained by any victim as a result of the offense,
the financial resources of the defendant, the financial
163
needs and earning ability of the defendant and the defend-
ant’s dependents, and such other factors as the court
deems appropriate. The probation service of the court
shall include the information collected in the report of
presentence investigation or in a separate report, as the
court directs.’’; and
(4) by adding at the end the following new sub-
section:
‘‘(e) The court may refer any issue arising in connec-
tion with a proposed order of restitution to a magistrate
or special master for proposed findings of fact and rec-
ommendations as to disposition, subject to a de novo de-
termination of the issue by the court.’’.
Subtitle C—Crime Victims Fund
SEC. 621. CRIME VICTIMS FUND.
(a) ELIMINATION OF FUND CEILINGS AND SUNSET
PROVISION.—Section 1402 (c) of the Victims of Crime Act
of 1984 (42 U.S.C. 10601(c)) is repealed.
(b) ALLOCATIONS.—
(1) GENERALLY.—Section 1402(d)(2) of the
Victims of Crime Act of 1984 (42 U.S.C.
10601(d)(2)) is amended to read as follows:
‘‘(2) The Fund shall be available as follows:
‘‘(A) Of the total deposited in the Fund during
a particular fiscal year—
164
‘‘(i) the first $10,000,000 shall be avail-
able for grants under section 1404A;
‘‘(ii) the next sums deposited, up to the re-
served portion (as described in subparagraph
(C)), shall be made available to the judicial
branch for administrative costs to carry out the
functions of that branch under sections 3611
and 3612 of title 18, United States Code; and
‘‘(iii) of the sums remaining after the allo-
cations under clauses (i) and (ii)—
‘‘(I) 4 percent shall be available for
grants under section 1404(c)(1); and
‘‘(II) 96 percent shall be available in
equal amounts for grants under sections
1403 and 1404(a).
‘‘(B) The Director may retain any portion of
the Fund that was deposited during a fiscal year
that is in excess of 110 percent of the total amount
deposited in the Fund during the preceding fiscal
year as a reserve for use in a year in which the
Fund falls below the amount available in the pre-
vious 
year. 
Such 
reserve 
may 
not 
exceed
$20,000,000.
‘‘(C) The reserved portion referred to in sub-
paragraph (A) is $6,200,000 in each of fiscal years
165
1993 through 1996 and $3,000,000 in each fiscal
year thereafter.’’.
(2) CONFORMING CROSS-REFERENCE.—Section
1402(g)(1) of the Victims of Crime Act of 1984 (42
U.S.C. 10601(g)(1)) is amended by striking ‘‘(iv)’’
and inserting ‘‘(i)’’.
(c) AMOUNTS AWARDED
AND UNSPENT.—Section
1402(e) of the Victims of Crime Act of 1984 (42 U.S.C.
10601(e)) is amended—
(1) in paragraph (1)—
(A) by striking ‘‘(1) Except as provided in
paragraph (2), any’’ and inserting ‘‘Any’’;
(B) by striking ‘‘succeeding fiscal year’’
and inserting ‘‘2 succeeding fiscal years’’;
(C) by striking ‘‘which year’’ and inserting
‘‘which period’’; and
(D) by striking ‘‘the general fund of the
Treasury’’ and inserting ‘‘the Fund’’; and
(2) by striking paragraph (2).
SEC. 622. PERCENTAGE CHANGE IN CRIME VICTIM COM-
PENSATION FORMULA.
Section 1403(a)(1) of the Victims of Crime Act of
1984 (42 U.S.C. 10602(a)(1)) is amended by striking ‘‘40
percent’’ and inserting ‘‘45 percent’’.
166
SEC. 623. ADMINISTRATIVE COSTS FOR CRIME VICTIM COM-
PENSATION.
(a) CREATION OF EXCEPTION.—The last sentence of
section 1403(a)(1) of the Victims of Crime Act of 1984
(42 U.S.C. 10602(a)(1)) is amended by striking ‘‘A
grant’’ and inserting ‘‘Except as provided in paragraph
(3), a grant’’.
(b) 
REQUIREMENTS
OF
EXCEPTION.—Section
1403(a) of the Victims of Crime Act of 1984 (42 U.S.C.
10602(a)) is amended by adding at the end the following
new paragraph:
‘‘(3) The Director may permit not more than 5 per-
cent of a grant made under this section to be used for
the administration of the crime victim compensation pro-
gram receiving the grant.’’.
SEC. 624. RELATIONSHIP OF CRIME VICTIM COMPENSA-
TION TO CERTAIN FEDERAL PROGRAMS.
Section 1403 of the Victims of Crime Act of 1984
(42 U.S.C. 10602) is amended by adding at the end the
following new subsection:
‘‘(e) Notwithstanding any other law, if the compensa-
tion paid by an eligible crime victim compensation pro-
gram would cover costs that a Federal program, or a fed-
erally financed State or local program, would otherwise
pay—
167
‘‘(1) such crime victim compensation program
shall not pay that compensation; and
‘‘(2) the other program shall make its payments
without regard to the existence of the crime victim
compensation program.’’.
SEC. 625. USE OF UNSPENT SECTION 1403 MONEY.
Section 1404(a)(1) of the Victims of Crime Act of
1984 (42 U.S.C. 10603(a)(1)) is amended—
(1) by striking ‘‘or for the purpose of grants
under section 1403 but not used for that purpose,’’;
and
(2) by adding at the end the following: ‘‘The
Director, in the Director’s discretion, may use
amounts made available under section 1402(d)(2)
for the purposes of grants under section 1403 but
not used for that purpose, for grants under this sub-
section, either in the year such amounts are not so
used, or the next year.’’.
SEC. 626. UNDERSERVED VICTIMS.
Section 1404(a) of the Victims of Crime Act of 1984
(42 U.S.C. 10603(a)) is amended by adding at the end
the following new paragraph:
‘‘(6) In making the certification required by para-
graph (2)(B), the chief executive shall give particular at-
168
tention to children who are victims of violent street
crime.’’.
SEC. 627. GRANTS FOR DEMONSTRATION PROJECTS.
Section 1404(c)(1)(A) of the Victims of Crime Act
of 1984 (42 U.S.C. 10603(c)(1)(A)) is amended by insert-
ing ‘‘demonstration projects and’’ before ‘‘training’’.
SEC. 628. ADMINISTRATIVE COSTS FOR CRIME VICTIM AS-
SISTANCE.
Section 1404(a) of the Victims of Crime Act of 1984
(42 U.S.C. 10603(A)), as amended by section 626, is
amended—
(1) in paragraph (1) by inserting ‘‘, except as
provided in paragraph (7)’’ after ‘‘programs’’; and
(2) by adding at the end the following new
paragraph:
‘‘(7) The Director may permit not more than 5 per-
cent of sums provided under this subsection to be used
by the chief executive of each State for the administration
of such sums.’’.
SEC. 629. CHANGE OF DUE DATE FOR REQUIRED REPORT.
Section 1407(g) of the Victims of Crime Act of 1984
(42 U.S.C. 10604(g)) is amended—
(1) by striking ‘‘December 31, 1990’’ and in-
serting ‘‘May 31, 1993’’; and
169
(2) by striking ‘‘December 31’’ the second place
it appears and inserting ‘‘May 31’’.
SEC. 630. MAINTENANCE OF EFFORT.
Section 1407 of the Victims of Crime Act of 1984
(42 U.S.C. 10604) is amended by adding at the end the
following new subsection:
‘‘(h) Each entity receiving sums made available under
this Act for administrative purposes shall certify that such
sums will not be used to supplant State or local funds,
but will be used to increase the amount of such funds that
would, in the absence of Federal funds, be made available
for these purposes.’’.
SEC. 631. DELAYED EFFECTIVE DATE FOR CERTAIN PROVI-
SIONS.
Sections 721(b), 722, 723, and 728, and the amend-
ments made by those sections, shall take effect with re-
spect to the first fiscal year that begins after the date of
enactment of this Act for which the Director certifies that
there are sufficient sums in the Victim Assistance Fund
and the Victims Compensation Fund, as of the end of the
previous fiscal year, to make the allocations required
under such sections and amendments without reducing the
then current funding levels of programs supported by such
Funds.
170
Subtitle D—National Child
Protection Act
SEC. 641. SHORT TITLE.
This subtitle may be cited as the ‘‘National Child
Protection Act of 1993’’.
SEC. 642. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds that—
(1) more than 2,500,000 reports of suspected
child abuse and neglect are made each year, and in-
creases have occurred in recent years in the abuse
of children by persons who have previously commit-
ted crimes of child abuse or other serious crimes;
(2) although the great majority of child care
providers are caring and dedicated professionals,
child abusers and others who harm or prey on chil-
dren frequently seek employment in or volunteer for
positions that give them access to children;
(3) nearly 6,000,000 children received day care
in 1990, and this total is growing rapidly to an esti-
mated 8,000,000 children by 1995;
(4) exposure to child abusers and others who
harm or prey on children is harmful to the physical
and emotional well-being of children;
(5) there is no reliable, centralized national
source through which child care organizations may
171
obtain the benefit of a nationwide criminal back-
ground check on persons who provide or seek to pro-
vide child care;
(6) some States maintain automated criminal
background files and provide criminal history infor-
mation to child care organizations on persons who
provide or seek to provide child care; and
(7) because State and national criminal justice
databases are inadequate to permit effective national
background checks, persons convicted of crimes of
child abuse or other serious crimes may gain em-
ployment at a child care organization.
(b) PURPOSES.—The purposes of this Act are—
(1) to establish a national system through
which child care organizations may obtain the bene-
fit of a nationwide criminal background check to de-
termine if persons who are current or prospective
child care providers have committed child abuse
crimes or other serious crimes;
(2) to establish minimum criteria for State laws
and procedures that permit child care organizations
to obtain the benefit of nationwide criminal back-
ground checks to determine if persons who are cur-
rent or prospective child care providers have commit-
ted child abuse crimes or other serious crimes;
172
(3) to provide procedural rights for persons who
are subject to nationwide criminal background
checks, including procedures to challenge and correct
inaccurate background check information;
(4) to establish a national system for the re-
porting by the States of child abuse crime informa-
tion; and
(5) to document and study the problem of child
abuse by providing statistical and informational data
on child abuse and related crimes to the Department
of Justice and other interested parties.
SEC. 643. DEFINITIONS.
For the purposes of this subtitle—
(1) the term ‘‘authorized agency’’ means a divi-
sion or office of a State designated by a State to re-
port, receive, or disseminate information under this
Act;
(2) the term ‘‘background check crime’’ means
a child abuse crime, murder, manslaughter, aggra-
vated assault, kidnapping, arson, sexual assault, do-
mestic violence, incest, indecent exposure, prostitu-
tion, promotion of prostitution, and a felony offense
involving the use or distribution of a controlled sub-
stance;