I

103D CONGRESS

2D SESSION H. R. 4032

To provide the penalty of death for certain crimes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 15, 1994

Mr. SCHUMER introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

To provide the penalty of death for certain crimes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SENTENCE OF DEATH.

4 A defendant who has been found guilty of—

5 (1) an offense described in section 794 or sec6 tion 2381 of title 18, United States Code; or

7 (2) any other offense for which a sentence of

8 death is provided, if the defendant, as determined

9 beyond a reasonable doubt at the hearing under sec10 tion 3593—

11 (A) intentionally killed the victim;
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1 (B) intentionally inflicted serious bodily in2 jury that resulted in the death of the victim;

3 (C) intentionally participated in an act,

4 contemplating that the life of a person would be

5 taken or intending that lethal force would be

6 used in connection with a person, other than

7 one of the participants in the offense, and the

8 victim died as a direct result of the act; or

9 (D) intentionally and specifically engaged

10 in an act of violence, knowing that the act cre11 ated a grave risk of death to a person, other

12 than one of the participants in the offense, such

13 that participation in the act constituted a reck14 less disregard for human life and the victim

15 died as a direct result of the act,

16 shall be sentenced to death if, after consideration of the

17 factors set forth in section 3592 in the course of a hearing

18 held pursuant to section 3593, it is determined that impo19 sition of a sentence of death is justified, except that no

20 person may be sentenced to death who was less than 18

21 years of age at the time of the offense.
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1 SEC. 2. CONFORMING CHANGES TO SPECIFIC OFFENSES

2 FOR WHICH DEATH PENALTY IS AUTHOR3 IZED.

4 (a) CONFORMING CHANGES IN TITLE 18.—Title 18,

5 United States Code, is amended as follows:

6 (1) ESPIONAGE.—Section 794(a) of title 18,

7 United States Code, is amended by striking the pe8 riod at the end of the subsection and inserting ‘‘, ex9 cept that the sentence of death shall not be imposed

10 unless the jury or, if there is no jury, the court, fur11 ther finds that the offense directly concerned nuclear

12 weaponry, military spacecraft or satellites, early

13 warning systems, or other means of defense or retal14 iation against large-scale attack; war plans; commu15 nications intelligence or cryptographic information;

16 or any other major weapons system or major ele17 ment of defense strategy.’’.

18 (2) MURDER.—The second undesignated para19 graph of section 1111(b) of title 18, United States

20 Code, is amended to read as follows:

21 ‘‘Whoever is guilty of murder in the first degree shall

22 be punished by death or by imprisonment for life;’’.

23 (3) KILLING OF FOREIGN OFFICIALS OR INTER24 NATIONALLY PROTECTED PERSONS.—Section

25 1116(a) of title 18, United States Code, is amended

26 by striking ‘‘any such person who is found guilty of
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1 murder in the first degree shall be sentenced to im2 prisonment for life, and’’.

3 (4) KIDNAPPING.—Section 1201(a) of title 18,

4 United States Code, is amended by inserting after

5 ‘‘or for life’’ the following: ‘‘and, if the death of any

6 person results, shall be punished by death or life im7 prisonment’’.

8 (5) NONMAILABLE INJURIOUS ARTICLES.—The

9 last paragraph of section 1716 of title 18, United

10 States Code, is amended by striking the comma

11 after ‘‘imprisonment for life’’ and inserting a period

12 and striking the remainder of the paragraph.

13 (6) WRECKING TRAINS.—The second to the last

14 undesignated paragraph of section 1992 of title 18,

15 United States Code, is amended by striking the

16 comma after ‘‘imprisonment for life’’ and inserting

17 a period and striking the remainder of the section.

18 (7) BANK ROBBERY.—Section 2113(e) of title

19 18, United States Code, is amended by striking ‘‘or

20 punished by death if the verdict of the jury shall so

21 direct’’ and inserting ‘‘or if death results shall be

22 punished by death or life imprisonment’’.

23 (8) EXPLOSIVE MATERIALS.—(A) Section

24 844(d) of title 18, United States Code, is amended

25 by striking ‘‘as provided in section 34 of this title’’.
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1 (B) Section 844(f) of title 18, United States

2 Code, is amended by striking ‘‘as provided in section

3 34 of this title’’.

4 (C) Section 844(i) of title 18, United States

5 Code, is amended by striking ‘‘as provided in section

6 34 of this title’’.

7 (9) DEATH PENALTY FOR THE MURDER OF

8 FEDERAL LAW ENFORCEMENT OFFICIALS.—Section

9 1114 of title 18, United States Code, is amended by

10 striking ‘‘punished as provided under sections 1111

11 and 1112 of this title,’’ and inserting ‘‘punished, in

12 the case of murder, by a sentence of death or life

13 imprisonment as provided under section 1111 of this

14 title, or, in the case of manslaughter, a sentence as

15 provided under section 1112 of this title,’’.

16 (b) CONFORMING AMENDMENT TO FEDERAL AVIA17 TION ACT OF 1954.—Section 903 of the Federal Aviation

18 Act of 1958 (49 U.S.C. 1473) is amended by striking sub19 section (c) and by striking the item relating to subsection

20 (c) in the table of contents at the beginning of such Act.

21 (c) AIRCRAFT AND MOTOR VEHICLES.—Section 34

22 of title 18, United States Code, is amended by striking

23 the comma after ‘‘imprisonment for life’’ and inserting a

24 period and striking the remainder of the section.
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1 SEC. 3. AUTHORIZATION OF DEATH PENALTY FOR EXIST2 ING OFFENSES.

3 (a) HOSTAGE TAKING.—Section 1203(a) of title 18,

4 United States Code, is amended by inserting after ‘‘or for

5 life’’ the following: ‘‘and, if the death of any person re6 sults, shall be punished by death or life imprisonment’’.

7 (b) MURDER FOR HIRE.—Section 1958(a) of title 18,

8 United States Code, is amended by striking ‘‘and if death

9 results, shall be subject to imprisonment for any term of

10 years or for life, or shall be fined not more than $50,000,

11 or both’’ and inserting ‘‘and if death results, shall be pun12 ished by death or life imprisonment, or shall be fined

13 under this title, or both’’.

14 (c) RACKETEERING.—Section 1959(a)(1) of title 18,

15 United States Code, is amended to read as follows:

16 ‘‘(1) for murder, by death or life imprisonment,

17 or a fine under this title, or both; and for kidnap18 ping, by imprisonment for any term of years or for

19 life, or a fine under this title, or both;’’.

20 (d) GENOCIDE.—Section 1091(b)(1) of title 18, Unit21 ed States Code, is amended by striking ‘‘, a fine of not

22 more than $1,000,000 and imprisonment for life;’’ and in23 serting ‘‘, where death results, by death or imprisonment

24 for life and a fine under this title, or both;’’.

25 (e) CARJACKING.—Section 2119(3) of title 18, Unit26 ed States Code, is amended to read as follows:
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1 ‘‘(3) if death results, be punished by death or

2 imprisoned for any term of years or for life, fined

3 under this title, or both.’’

4 (f) DEATH PENALTY FOR RAPE AND CHILD MOLES5 TATION MURDERS.—

6 (1) OFFENSE.—Chapter 109A of title 18, Unit7 ed States Code, is amended by redesignating section

8 2245 as section 2246, and by inserting after section

9 2244 the following:

10 ‘‘§ 2245. Sexual abuse resulting in death

11 ‘‘Whoever, in the course of an offense under this

12 chapter, engages in conduct that results in the death of

13 a person, shall be punished by death or imprisoned for

14 any term of years or for life.’’.

15 (2) CLERICAL AMENDMENT.—The table of sec16 tions at the beginning of chapter 109A of title 18,

17 United States Code, is amended by striking the item

18 for section 2245 and adding the following:

‘‘2245. Sexual abuse resulting in death.

‘‘2246. Definitions for chapter.’’.

19 (g) DEATH PENALTY FOR SEXUAL EXPLOITATION

20 OF CHILDREN.—Section 2251(d) of title 18, United

21 States Code, is amended by adding at the end the follow22 ing: ‘‘Whoever, in the course of an offense under this sec23 tion, engages in conduct that results in the death of a per-
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1 son, shall be punished by death or imprisoned for any term

2 of years or for life.’’.

3 (h) HOMICIDES AND ATTEMPTED HOMICIDES IN4 VOLVING FIREARMS IN FEDERAL FACILITIES.—Section

5 930 of title 18, United States Code, is amended—

6 (1) by redesignating subsections (c), (d), (e),

7 (f), and (g) as subsections (d), (e), (f), (g), and (h),

8 respectively;

9 (2) in subsection (a), by striking ‘‘(c)’’ and in10 serting ‘‘(d)’’;

11 (3) inserting after subsection (b) the following:

12 ‘‘(c) Whoever kills or attempts to kill any person in

13 the course of a violation of subsection (a) or (b), or in

14 the course of an attack on a Federal facility involving the

15 use of a firearm or other dangerous weapon, shall be pun16 ished as provided in sections 1111, 1112, and 1113 of this

17 title.’’;

18 (4) in subsection (e)(2) (as so redesignated), by

19 striking ‘‘(c)’’ and inserting ‘‘(d)’’; and

20 (5) in subsection (h) (as so redesignated)—

21 (A) by striking ‘‘and (b)’’ and inserting ‘‘,

22 (b), and (c)’’; and

23 (B) by striking ‘‘(d)’’ each place it appears

24 and inserting ‘‘(e)’’.
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1 (i) DEATH PENALTY FOR MURDER OF FEDERAL

2 WITNESSES.—Section 1512(a)(2)(A) of title 18, United

3 States Code, is amended to read as follows:

4 ‘‘(A) in the case of murder as defined in section

5 1111 of this title, the death penalty or imprisonment

6 for life, and in the case of any other killing, the pun7 ishment provided in section 1112 of this title; and’’.

8 (j) PROTECTION OF COURT OFFICERS AND JU9 RORS.—Section 1503 of title 18, United States Code, is

10 amended—

11 (1) by designating the current text as sub12 section (a);

13 (2) by striking ‘‘fined not more than $5,000 or

14 imprisoned not more than five years, or both.’’ and

15 inserting ‘‘punished as provided in subsection (b).’’;

16 (3) by adding at the end the following:

17 ‘‘(b) The punishment for an offense under this sec18 tion is—

19 ‘‘(1) in the case of a killing, the punishment

20 provided in sections 1111 and 1112 of this title;

21 ‘‘(2) in the case of an attempted killing, or a

22 case in which the offense was committed against a

23 petit juror and in which a class A or B felony was

24 charged, imprisonment for not more than twenty

25 years, a fine under this title, or both; and
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1 ‘‘(3) in any other case, imprisonment for not

2 more than ten years, a fine under this title, or

3 both.’’; and

4 (4) in subsection (a), as so designated by this

5 section, by striking ‘‘commissioner’’ each place it ap6 pears and inserting ‘‘magistrate judge’’.

7 (k) FOREIGN MURDER OF UNITED STATES NATION8 ALS.—

9 (1) IN GENERAL.—Chapter 51 of title 18, Unit10 ed States Code, is amended by adding at the end

11 thereof the following new section:

12 ‘‘§ 1119. Foreign murder of United States nationals

13 ‘‘(a) Whoever, being a national of the United States,

14 kills or attempts to kill a national of the United States

15 while such national is outside the United States but within

16 the jurisdiction of another country shall be punished as

17 provided under sections 1111, 1112, and 1113 of this title.

18 ‘‘(b) No prosecution may be instituted against any

19 person under this section except upon the written approval

20 of the Attorney General, the Deputy Attorney General, or

21 an Assistant Attorney General, which function of approv22 ing prosecutions may not be delegated. No prosecution

23 shall be approved if prosecution has been previously un24 dertaken by a foreign country for the same conduct.
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1 ‘‘(c) No prosecution shall be approved under this sec2 tion unless the Attorney General, in consultation with the

3 Secretary of State, determines that the conduct took place

4 in a country in which the person is no longer present, and

5 the country lacks the ability to lawfully secure the person’s

6 return. A determination by the Attorney General under

7 this subsection is not subject to judicial review.

8 ‘‘(d) As used in this section, the term ‘national of

9 the United States’ has the meaning given such term in

10 section 101(a)(22) of the Immigration and Nationality Act

11 (8 U.S.C. 1101(a)(22)).’’.

12 (2) CONFORMING AMENDMENT.—Section 1117

13 of title 18, United States Code, is amended by strik14 ing ‘‘or 1116’’ and inserting ‘‘1116, or 1118’’.

15 (3) CLERICAL AMENDMENT.—The table of sec16 tions at the beginning of chapter 51 of title 18,

17 United States Code, is amended by adding at the

18 end the following new item:

‘‘1119. Foreign Murder of United States Nationals.’’.

19 (l) DEATH PENALTY FOR CIVIL RIGHTS MUR20 DERS.—

21 (1) CONSPIRACY AGAINST RIGHTS.—Section

22 241 of title 18, United States Code, is amended by

23 striking the period at the end of the last sentence

24 and inserting ‘‘, or may be sentenced to death.’’.
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1 (2) DEPRIVATION OF RIGHTS UNDER COLOR OF

2 LAW.—Section 242 of title 18, United States Code,

3 is amended by striking the period at the end of the

4 last sentence and inserting ‘‘, or may be sentenced

5 to death.’’.

6 (3) FEDERALLY PROTECTED ACTIVITIES.—Sec7 tion 245(b) of title 18, United States Code, is

8 amended in the matter following paragraph (5) by

9 inserting ‘‘, or may be sentenced to death’’ after ‘‘or

10 for life’’.

11 (4) DAMAGE TO RELIGIOUS PROPERTY; OB12 STRUCTION OF THE FREE EXERCISE OF RELIGIOUS

13 RIGHTS.—Section 247(c)(1) of title 18, United

14 States Code, is amended by inserting ‘‘, or may be

15 sentenced to death’’ after ‘‘or both’’.

16 SEC. 4. DEATH PENALTY FOR MURDER BY A FEDERAL PRIS17 ONER.

18 (a) IN GENERAL.—Chapter 51 of title 18, United

19 States Code, is amended by adding at the end thereof the

20 following new section:

21 ‘‘§ 1118. Murder by a Federal prisoner

22 ‘‘(a) OFFENSE.—Whoever, while confined in a Fed23 eral correctional institution under a sentence for a term

24 of life imprisonment, commits the murder of another shall

25 be punished by death or by life imprisonment.
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1 ‘‘(b) DEFINITIONS.—For the purposes of this sec2 tion—

3 ‘‘(1) the term ‘Federal correctional institution’

4 means any Federal prison, Federal correctional facil5 ity, Federal community program center, or Federal

6 halfway house;

7 ‘‘(2) the term ‘term of life imprisonment’ means

8 a sentence for the term of natural life, a sentence

9 commuted to natural life, an indeterminate term of

10 a minimum of at least fifteen years and a maximum

11 of life, or an unexecuted sentence of death; and

12 ‘‘(3) the term ‘murder’ means a first degree or

13 second degree murder as defined by section 1111 of

14 this title.’’.

15 (b) AMENDMENT OF CHAPTER ANALYSIS.—The table

16 of sections at the beginning of chapter 51 of title 18,

17 United States Code, is amended by adding at the end

18 thereof the following:

‘‘1118. Murder by a Federal prisoner.’’.

19 SEC. 5. MURDER BY ESCAPED PRISONERS.

20 (a) IN GENERAL.—Chapter 51 of title 18, United

21 States Code, is amended by adding at the end the follow22 ing:

23 ‘‘§ 1120. Murder by escaped prisoners

24 ‘‘(a) IN GENERAL.—Whoever, having escaped from

25 a Federal prison where such person was confined under
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1 a sentence for a term of life imprisonment, kills another

2 shall be punished as provided in sections 1111 and 1112

3 of this title.

4 ‘‘(b) DEFINITION.—As used in this section, the terms

5 ‘Federal prison’ and ‘term of life imprisonment’ have the

6 meanings given those terms in section 1118 of this title.’’.

7 (b) CLERICAL AMENDMENT.—The table of sections

8 at the beginning of chapter 51 of title 18, United States

9 Code, is amended by adding at the end the following:

‘‘1120. Murder by escaped prisoners.’’.

10 SEC. 6. DRIVE-BY SHOOTINGS.

11 (a) IN GENERAL.—Section 922 of title 18, United

12 States Code, is amended by adding at the end thereof the

13 following:

14 ‘‘(v) It shall be unlawful for any person knowingly

15 to—

16 ‘‘(1) discharge a firearm from within a motor

17 vehicle and

18 ‘‘(2) thereby create a grave risk to human

19 life.’’.

20 (b) PENALTY.—Section 924(a) of such title is amend21 ed by adding at the end the following:

22 ‘‘(6) Whoever knowingly violates section 922(v) shall

23 be fined under this title or imprisoned not more than 25

24 years, or both, and if death results, shall be punished by

25 death or imprisonment for life or any term of years.’’.
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1 SEC. 7. DEATH PENALTY FOR GUN MURDERS DURING FED2 ERAL CRIMES OF VIOLENCE AND DRUG

3 TRAFFICKING CRIMES.

4 Section 924 of title 18, United States Code, is

5 amended by adding after the subsections added by (sub6 title B of title V of this Act) the following:

7 ‘‘(j) Whoever, in the course of a violation of sub8 section (c) of this section, causes the death of a person

9 through the use of a firearm, shall—

10 ‘‘(1) if the killing is a murder as defined in sec11 tion 1111 of this title, be punished by death or by

12 imprisonment for any term of years or for life; and

13 ‘‘(2) if the killing is manslaughter as defined in

14 section 1112 of this title, be punished as provided in

15 that section.’’.

16 SEC. 8. DEATH PENALTY FOR THE MURDER OF STATE OR

17 LOCAL OFFICIALS ASSISTING FEDERAL LAW

18 ENFORCEMENT OFFICIALS.

19 (a) IN GENERAL.—Chapter 51 of title 18, United

20 States Code (, as amended by section 205 of this Act,)

21 is amended by adding at the end the following:

22 ‘‘§ 1121. Killing persons aiding Federal investigations

23 ‘‘Whoever intentionally kills—

24 ‘‘(1) a State or local official, law enforcement

25 officer, or other officer or employee while working
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1 with Federal law enforcement officials in furtherance

2 of a Federal criminal investigation—

3 ‘‘(A) while the victim is engaged in the

4 performance of official duties;

5 ‘‘(B) because of the performance of the

6 victim’s official duties; or

7 ‘‘(C) because of the victim’s status as a

8 public servant; or

9 ‘‘(2) any person assisting a Federal criminal in10 vestigation, while that assistance is being rendered

11 and because of it,

12 shall be sentenced according to the terms of section 1111

13 of title 18, United States Code, including by sentence of

14 death or by imprisonment for life.’’.

15 (b) CLERICAL AMENDMENT.—The table of sections

16 at the beginning of chapter 51 of title 18, United States

17 Code, is amended by adding at the end the following:

‘‘1121. Killing persons aiding Federal investigations.’’.

18 SEC. 9. PROHIBITION OF RETALIATORY KILLINGS OF WIT19 NESSES, VICTIMS AND INFORMANTS.

20 Section 1513 of title 18, United States Code, is

21 amended—

22 (1) by redesignating subsections (a) and (b) as

23 subsections (b) and (c), respectively; and

24 (2) by inserting after the section heading a new

25 subsection (a) as follows:
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1 ‘‘(a)(1) Whoever kills or attempts to kill another per2 son with intent to retaliate against any person for—

3 ‘‘(A) the attendance of a witness or party at an

4 official proceeding, or any testimony given or any

5 record, document, or other object produced by a wit6 ness in an official proceeding; or

7 ‘‘(B) any information relating to the commis8 sion or possible commission of a Federal offense or

9 a violation of conditions of probation, parole or re10 lease pending judicial proceedings given by a person

11 to a law enforcement officer; shall be punished as

12 provided in paragraph (2).

13 ‘‘(2) The punishment for an offense under this sub14 section is—

15 ‘‘(A) in the case of a killing, the punishment

16 provided in sections 1111 and 1112 of this title; and

17 ‘‘(B) in the case of an attempt, imprisonment

18 for not more than twenty years, a fine under this

19 title, or both.’’.

20 SEC. 10. WEAPONS OF MASS DESTRUCTION.

21 (a) OFFENSE.—Chapter 113A of title 18, United

22 States Code, is amended by inserting after section 2332

23 the following new section:
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1 ‘‘§ 2332a. Use of weapons of mass destruction

2 ‘‘(a) Whoever uses, or attempts or conspires to use,

3 a weapon of mass destruction—

4 ‘‘(1) against a national of the United States

5 while such national is outside of the United States;

6 ‘‘(2) against any person within the United

7 States; or

8 ‘‘(3) against any property that is owned, leased

9 or used by the United States or by any department

10 or agency of the United States, whether the property

11 is within or outside of the United States;

12 shall be imprisoned for any term of years or for life, and

13 if death results, shall be punished by death or imprisoned

14 for any term of years or for life.

15 ‘‘(b) For purposes of this section—

16 ‘‘(1) the term ‘national of the United States’

17 has the meaning given in section 101(a)(22) of the

18 Immigration and Nationality Act (8 U.S.C.

19 1101(a)(22)); and

20 ‘‘(2) the term ‘weapon of mass destruction’

21 means—

22 ‘‘(A) any destructive device as defined in

23 section 921 of this title;

24 ‘‘(B) poison gas;

25 ‘‘(C) any weapon involving a disease orga26 nism; or
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1 ‘‘(D) any weapon that is designed to re2 lease radiation or radioactivity at a level dan3 gerous to human life.’’.

4 (b) CLERICAL AMENDMENT.—The table of sections

5 at the beginning of chapter 113A of title 18, United States

6 Code, is amended by inserting after the item relating to

7 section 2332 the following:

‘‘2332a. Use of weapons of mass destruction.’’.

8 SEC. 11. VIOLENCE AT AIRPORTS SERVING INTER9 NATIONAL CIVIL AVIATION.

10 (a) OFFENSE.—Chapter 2 of title 18, United States

11 Code, is amended by adding at the end the following:

12 ‘‘§ 36. Violence at international airports

13 ‘‘(a) Whoever unlawfully and intentionally, using any

14 device, substance or weapon—

15 ‘‘(1) performs an act of violence against a per16 son at an airport serving international civil aviation

17 which causes or is likely to cause serious bodily in18 jury (as defined in section 1365 of this title) or

19 death; or

20 ‘‘(2) destroys or seriously damages the facilities

21 of an airport serving international civil aviation or a

22 civil aircraft not in service located thereon or

23 disrupts the services of the airport;

24 if such an act endangers or is likely to endanger safety

25 at that airport, or attempts to do such an act, shall be
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1 fined under this title or imprisoned not more than twenty

2 years, or both; and if the death of any person results from

3 conduct prohibited by this subsection, shall be punished

4 by death or imprisoned for any term of years or for life.

5 ‘‘(b) There is jurisdiction over the prohibited activity

6 in subsection (a) if—

7 ‘‘(1) the prohibited activity takes place in the

8 United States; or

9 ‘‘(2) the prohibited activity takes place outside

10 of the United States and the offender is later found

11 in the United States.

12 ‘‘(c) It is a bar to Federal prosecution under sub13 section (a) for conduct that occurred within the United

14 States that the conduct involved—

15 ‘‘(1) a domestic dispute solely affecting and be16 tween members of the same family or household or

17 between social acquaintances; or

18 ‘‘(2) was during or in relation to a labor dis19 pute, and such conduct was prohibited as a felony

20 under the law of the State in which it was commit21 ted.

22 For purposes of this section, the term ‘labor dispute’ has

23 the meaning set forth in section 2(c) of the Norris24 LaGuardia Act (29 U.S.C. 113(c)).’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 at the beginning of chapter 2 of title 18, United States

3 Code, is amended by adding at the end the following:

‘‘36. Violence at international airports.’’.

4 (c) EFFECTIVE DATE.—This section shall take effect

5 on the later of—

6 (1) the date of the enactment of this Act; or

7 (2) the date the Protocol for the Suppression of

8 Unlawful Acts of Violence at Airports Serving Inter9 national Civil Aviation, Supplementary to the Con10 vention for the Suppression of Unlawful Acts

11 Against the Safety of Civil Aviation, done at Mon12 treal on 23 September 1971, has come into force

13 and the United States has become a party to the

14 Protocol.

15 SEC. 12. OFFENSES OF VIOLENCE AGAINST MARITIME

16 NAVIGATION OR FIXED PLATFORMS.

17 (a) OFFENSES.—Chapter 111 of title 18, United

18 States Code, is amended by adding at the end the follow19 ing:

20 ‘‘§ 2280. Violence against maritime navigation

21 ‘‘(a) Whoever unlawfully and intentionally—

22 ‘‘(1) seizes or exercises control over a ship by

23 force or threat thereof or any other form of intimi24 dation;
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1 ‘‘(2) performs an act of violence against a per2 son on board a ship if that act is likely to endanger

3 the safe navigation of that ship;

4 ‘‘(3) destroys a ship or causes damage to a ship

5 or to its cargo which is likely to endanger the safe

6 navigation of that ship;

7 ‘‘(4) places or causes to be placed on a ship, by

8 any means whatsoever, a device or substance which

9 is likely to destroy that ship, or cause damage to

10 that ship or its cargo which endangers or is likely

11 to endanger the safe navigation of that ship;

12 ‘‘(5) destroys or seriously damages maritime

13 navigational facilities or seriously interferes with

14 their operation, if such act is likely to endanger the

15 safe navigation of a ship;

16 ‘‘(6) communicates information, knowing the

17 information to be false and under circumstances in

18 which such information may reasonably be believed,

19 thereby endangering the safe navigation of a ship;

20 ‘‘(7) injures or kills any person in connection

21 with the commission or the attempted commission of

22 any of the offenses set forth in paragraphs (1)

23 through (6); or

24 ‘‘(8) attempts to do any act prohibited under

25 paragraphs (1) through (7);
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1 shall be fined under this title or imprisoned not more than

2 twenty years, or both; and if the death of any person re3 sults, from conduct prohibited by this subsection, shall be

4 punished by death or imprisoned for any term of years

5 or for life.

6 ‘‘(b) Whoever threatens to do any act prohibited

7 under paragraph (2), (3) or (5) of subsection (a), with

8 apparent determination and will to carry the threat into

9 execution, if the threatened act is likely to endanger the

10 safe navigation of the ship in question, shall be fined

11 under this title or imprisoned not more than five years,

12 or both.

13 ‘‘(c) There is jurisdiction over the prohibited activity

14 in subsections (a) and (b)—

15 ‘‘(1) in the case of a covered ship, if—

16 ‘‘(A) such activity is committed—

17 ‘‘(i) against or on board a ship flying

18 the flag of the United States at the time

19 the prohibited activity is committed;

20 ‘‘(ii) in the United States and the ac21 tivity is not prohibited as a crime by the

22 State in which the activity takes place; or

23 ‘‘(iii) the activity takes place on a ship

24 flying the flag of a foreign country or out25 side the United States, by a national of the
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1 United States or by a stateless person

2 whose habitual residence is in the United

3 States;

4 ‘‘(B) during the commission of such activ5 ity, a national of the United States is seized,

6 threatened, injured or killed; or

7 ‘‘(C) the offender is later found in the

8 United States after such activity is committed;

9 ‘‘(2) in the case of a ship navigating or sched10 uled to navigate solely within the territorial sea or

11 internal waters of a country other than the United

12 States, if the offender is later found in the United

13 States after such activity is committed; and

14 ‘‘(3) in the case of any vessel, if such activity

15 is committed in an attempt to compel the United

16 States to do or abstain from doing any act.

17 ‘‘(d) It is a bar to Federal prosecution under sub18 section (a) for conduct that occurred within the United

19 States that the conduct involved—

20 ‘‘(1) a domestic dispute solely affecting and be21 tween members of the same family or household or

22 between social acquaintances; or

23 ‘‘(2) was during or in relation to a labor dis24 pute, and such conduct was prohibited as a felony
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1 under the law of the State in which it was commit2 ted.

3 For purposes of this section, the term ‘labor dispute’ has

4 the meaning set forth in section 2(c) of the Norris5 LaGuardia Act (29 U.S.C. 113(c)).

6 ‘‘(e) The master of a covered ship flying the flag of

7 the United States who has reasonable grounds to believe

8 that there is on board that ship any person who has com9 mitted an offense under Article 3 of the Convention for

10 the Suppression of Unlawful Acts Against the Safety of

11 Maritime Navigation may deliver such person to the au12 thorities of a State Party to that Convention. Before deliv13 ering such person to the authorities of another country,

14 the master shall notify in an appropriate manner the At15 torney General of the United States of the alleged offense

16 and await instructions from the Attorney General as to

17 what action to take. When delivering the person to a coun18 try which is a State Party to the Convention, the master

19 shall, whenever practicable, and if possible before entering

20 the territorial sea of such country, notify the authorities

21 of such country of the master’s intention to deliver such

22 person and the reasons therefor. If the master delivers

23 such person, the master shall furnish to the authorities

24 of such country the evidence in the master’s possession

25 that pertains to the alleged offense.
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1 ‘‘(f) As used in this section, the term—

2 ‘‘(1) the term ‘ship’ means a vessel of any type

3 whatsoever not permanently attached to the sea-bed,

4 including dynamically supported craft, submersibles

5 or any other floating craft; but such term does not

6 include a warship, a ship owned or operated by a

7 government when being used as a naval auxiliary or

8 for customs or police purposes, or a ship which has

9 been withdrawn from navigation or laid up;

10 ‘‘(2) the term ‘covered ship’ means a ship that

11 is navigating or is scheduled to navigate into,

12 through or from waters beyond the outer limit of the

13 territorial sea of a single country or a lateral limit

14 of that country’s territorial sea with an adjacent

15 country;

16 ‘‘(3) the term ‘national of the United States’

17 has the meaning given such term in section

18 101(a)(22) of the Immigration and Nationality Act

19 (8 U.S.C. 1101(a)(22));

20 ‘‘(4) the term ‘territorial sea of the United

21 States’ means all waters extending seaward to 12

22 nautical miles from the baselines of the United

23 States determined in accordance with international

24 law; and
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1 ‘‘(5) the term ‘United States’, when used in a

2 geographical sense, includes the Commonwealth of

3 Puerto Rico, the Commonwealth of the Northern

4 Marianas Islands and all territories and possessions

5 of the United States.

6 ‘‘§ 2281. Violence against maritime fixed platforms

7 ‘‘(a) Whoever unlawfully and intentionally—

8 ‘‘(1) seizes or exercises control over a fixed

9 platform by force or threat thereof or any other

10 form of intimidation;

11 ‘‘(2) performs an act of violence against a per12 son on board a fixed platform if that act is likely to

13 endanger its safety;

14 ‘‘(3) destroys a fixed platform or causes dam15 age to it which is likely to endanger its safety;

16 ‘‘(4) places or causes to be placed on a fixed

17 platform, by any means whatsoever, a device or sub18 stance which is likely to destroy that fixed platform

19 or likely to endanger its safety;

20 ‘‘(5) injures or kills any person in connection

21 with the commission or the attempted commission of

22 any of the offenses set forth in paragraphs (1)

23 through (4); or

24 ‘‘(6) attempts to do anything prohibited under

25 paragraphs (1) through (5);
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1 shall be fined under this title or imprisoned not more than

2 twenty years, or both; and if death results to any person

3 from conduct prohibited by this subsection, shall be pun4 ished by death or imprisoned for any term of years or for

5 life.

6 ‘‘(b) Whoever threatens to do anything prohibited

7 under paragraph (2) or (3) of subsection (a), with appar8 ent determination and will to carry the threat into execu9 tion, if the threatened act is likely to endanger the safety

10 of the fixed platform, shall be fined under this title or

11 imprisoned not more than five years, or both.

12 ‘‘(c) There is jurisdiction over the prohibited activity

13 in subsections (a) and (b) if—

14 ‘‘(1) such activity is committed against or on

15 board a fixed platform—

16 ‘‘(A) that is located on the continental

17 shelf of the United States;

18 ‘‘(B) that is located on the continental

19 shelf of another country, by a national of the

20 United States or by a stateless person whose

21 habitual residence is in the United States; or

22 ‘‘(C) in an attempt to compel the United

23 States to do or abstain from doing any act;

24 ‘‘(2) during the commission of such activity

25 against or on board a fixed platform located on a
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1 continental shelf, a national of the United States is

2 seized, threatened, injured or killed; or

3 ‘‘(3) such activity is committed against or on

4 board a fixed platform located outside the United

5 States and beyond the continental shelf of the

6 United States and the offender is later found in the

7 United States.

8 ‘‘(d) It is a bar to Federal prosecution under sub9 section (a) for conduct that occurred within the United

10 States that the conduct involved—

11 ‘‘(1) a domestic dispute solely affecting and be12 tween members of the same family or household or

13 between social acquaintances; or

14 ‘‘(2) was during or in relation to a labor dis15 pute, and such conduct was prohibited as a felony

16 under the law of the State in which it was commit17 ted.

18 For purposes of this section, the term ‘labor dispute’ has

19 the meaning set forth in section 2(c) of the Norris20 LaGuardia Act (29 U.S.C. 113(c)).

21 ‘‘(e) As used in this section, the term—

22 ‘‘(1) ‘continental shelf ’ means the sea-bed and

23 subsoil of the submarine areas that extend beyond a

24 country’s territorial sea to the limits provided by
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1 customary international law as reflected in Article

2 76 of the 1982 Convention on the Law of the Sea;

3 ‘‘(2) ‘fixed platform’ means an artificial island,

4 installation or structure permanently attached to the

5 sea-bed for the purpose of exploration or exploitation

6 of resources or for other economic purposes;

7 ‘‘(3) ‘national of the United States’ has the

8 meaning given such term in section 101(a)(22) of

9 the Immigration and Nationality Act (8 U.S.C.

10 1101(a)(22));

11 ‘‘(4) ‘territorial sea of the United States’ means

12 all waters extending seaward to 12 nautical miles

13 from the baselines of the United States determined

14 in accordance with international law; and

15 ‘‘(5) ‘United States’, when used in a geographi16 cal sense, includes the Commonwealth of Puerto

17 Rico, the Commonwealth of the Northern Marianas

18 Islands and all territories and possessions of the

19 United States.’’.

20 (b) CLERICAL AMENDMENTS.—The table of sections

21 at the beginning of chapter 111 of title 18, United States

22 Code, is amended by adding at the end thereof the follow23 ing:
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‘‘2280. Violence against maritime navigation.

‘‘2281. Violence against maritime fixed platforms.’’.

1 (c) EFFECTIVE DATES.—This section and the

2 amendments made by this section shall take effect on the

3 later of—

4 (1) the date of the enactment of this Act; or

5 (2)(A) in the case of section 2280 of title 18,

6 United States Code, the date the Convention for the

7 Suppression of Unlawful Acts Against the Safety of

8 Maritime Navigation has come into force and the

9 United States has become a party to that Conven10 tion; and

11 (B) in the case of section 2281 of title 18,

12 United States Code, the date the Protocol for the

13 Suppression of Unlawful Acts Against the Safety of

14 Fixed Platforms Located on the Continental Shelf

15 has come into force and the United States has

16 become a party to that Protocol.

17 SEC. 13. TORTURE.

18 (a) IN GENERAL.—Part I of title 18, United States

19 Code, is amended by inserting after chapter 113A the fol20 lowing new chapter:

21 ‘‘CHAPTER 113B—TORTURE

‘‘Sec.

‘‘2340. Definitions.

‘‘2340A. Torture.

‘‘2340B. Exclusive remedies.
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1 ‘‘§ 2340. Definitions

2 ‘‘As used in this chapter—

3 ‘‘(1) the term ‘torture’ means an act committed

4 by a person acting under the color of law specifically

5 intended to inflict severe physical or mental pain or

6 suffering (other than pain or suffering incidental to

7 lawful sanctions) upon another person within his

8 custody or physical control;

9 ‘‘(2) the term ‘severe mental pain or suffering’

10 means the prolonged mental harm caused by or re11 sulting from (A) the intentional infliction or threat12 ened infliction of severe physical pain or suffering;

13 (B) the administration or application, or threatened

14 administration or application, of mind altering sub15 stances or other procedures calculated to disrupt

16 profoundly the senses or the personality; (C) the

17 threat of imminent death; or (D) the threat that an18 other person will imminently be subjected to death,

19 severe physical pain or suffering, or the administra20 tion or application of mind altering substances or

21 other procedures calculated to disrupt profoundly

22 the senses or personality;

23 ‘‘(3) the term ‘United States’ includes all areas

24 under the jurisdiction of the United States including

25 any of the places within the provisions of sections 5

26 and 7 of this title and section 101(38) of the Fed-
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1 eral Aviation Act of 1958, as amended (49 U.S.C.

2 App. 1301(38)).

3 ‘‘§ 2340A. Torture

4 ‘‘(a) Whoever, outside the United States and in a cir5 cumstance described in subsection (b) of this section, com6 mits or attempts to commit torture—

7 ‘‘(1) shall be fined under this title or impris8 oned not more than twenty years, or both; and

9 ‘‘(2) if death results to any person from con10 duct prohibited by this subsection, shall be punished

11 by death or imprisoned for any term of years or for

12 life.

13 ‘‘(b) The circumstance referred to in subsection (a)

14 of this section is if—

15 ‘‘(1) the alleged offender is a national of the

16 United States; or

17 ‘‘(2) the alleged offender is present in the

18 United States, irrespective of the nationality of the

19 victim or the alleged offender.

20 ‘‘§ 2340B. Exclusive remedies

21 ‘‘Nothing in this chapter shall be construed as pre22 cluding the application of State or local laws on the same

23 subject, nor shall anything in this chapter be construed

24 as creating any substantive or procedural right enforceable

25 by law by any party in any civil proceeding.’’.
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1 (b) CLERICAL AMENDMENT.—The table of chapters

2 for part I of title 18, United States Code, is amended by

3 inserting after the item for chapter 113A the following

4 new item:

‘‘113B. Torture ..................................................................................... 2340.’’.

5 (c) EFFECTIVE DATE.—This section shall take effect

6 on the later of—

7 (1) the date of enactment of this section; or

8 (2) the date the United States has become a

9 party to the Convention Against Torture and Other

10 Cruel, Inhuman or Degrading Treatment or

11 Punishment.

12 SEC. 14. APPLICABILITY TO UNIFORM CODE OF MILITARY

13 JUSTICE.

14 The provisions of chapter 228 of title 18, United

15 States Code, as added by ( ), shall not apply to pros16 ecutions under the Uniform Code of Military Justice (10

17 U.S.C. 801).

18 SEC. 15. PROTECTION OF JURORS AND WITNESSES IN CAP19 ITAL CASES.

20 Section 3432 of title 18, United States Code, is

21 amended by inserting before the period the following: ‘‘,

22 except that such list of the veniremen and witnesses need

23 not be furnished if the court finds by a preponderance of

24 the evidence that providing the list may jeopardize the life

25 or safety of any person’’.
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