Union Calendar No. 258

103D CONGRESS

2D SESSION H. R. 4032

[Report No. 103–466]

A BILL

To provide the penalty of death for certain crimes.

MARCH 25, 1994

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 258

103D CONGRESS

2D SESSION H. R. 4032

[Report No. 103–466]

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

MARCH 25, 1994

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on March 15, 1994]

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 section

6 2381 of title 18, United States Code;
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1 (2) any other offense for which a sentence of

2 death is provided, if the defendant, as determined be3 yond a reasonable doubt at the hearing under section

4 3593—

5 (A) intentionally killed the victim;

6 (B) intentionally inflicted serious bodily in7 jury that resulted in the death of the victim;

8 (C) intentionally participated in an act,

9 contemplating that the life of a person would be

10 taken or intending that lethal force would be

11 used in connection with a person, other than one

12 of the participants in the offense, and the victim

13 died as a direct result of the act; or

14 (D) intentionally and specifically engaged

15 in an act of violence, knowing that the act cre16 ated a grave risk of death to a person, other than

17 one of the participants in the offense, such that

18 participation in the act constituted a reckless

19 disregard for human life and the victim died as

20 a direct result of the act,

21 (3) an offense referred to in section 408(c)(1) of

22 the Controlled Substances Act (21 U.S.C. 848(c)(1)),

23 committed as part of a continuing criminal enter24 prise offense under the conditions described in sub25 section (b) of that section which involved not less than
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1 twice the quantity of controlled substance described in

2 subsection (b)(2)(A) of that section or twice the gross

3 receipts described in subsection (b)(2)(B) of that sec4 tion; or

5 (4) an offense referred to in section 408(c)(1) of

6 the Controlled Substances Act (21 U.S.C. 848(c)(1)),

7 committed as part of a continuing criminal enter8 prise offense under that section, where the defendant

9 is a principal administrator, organizer, or leader of

10 such an enterprise, and the defendant, in order to ob11 struct the investigation or prosecution of the enter12 prise or an offense involved in the enterprise, at13 tempts to kill or knowingly directs, advises, author14 izes, or assists another to attempt to kill any public

15 officer, juror, witness, or members of the family or

16 household of such a person;

17 shall be sentenced to death if, after consideration of the fac18 tors set forth in section 3592 in the course of a hearing

19 held pursuant to section 3593, it is determined that imposi20 tion of a sentence of death is justified, except that no person

21 may be sentenced to death who was less than 18 years of

22 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 AUTHORIZED.

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

4 United States Code, is amended as follows:

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

6 United States Code, is amended by striking the period

7 at the end of the subsection and inserting ‘‘, except

8 that the sentence of death shall not be imposed unless

9 the jury or, if there is no jury, the court, further finds

10 that the offense resulted in the identification by a for11 eign power (as defined in section 101(a) of the For12 eign Intelligence Surveillance Act of 1978) of an indi13 vidual acting as an agent of the United States and

14 consequently in the death of that individual, or di15 rectly concerned nuclear weaponry, military space16 craft or satellites, early warning systems, or other

17 means of defense or retaliation against large-scale at18 tack; war plans; communications intelligence or cryp19 tographic information; or any other major weapons

20 system or major element of defense strategy.’’.

21 (2) MURDER.—The second undesignated para22 graph of section 1111(b) of title 18, United States

23 Code, is amended to read as follows:

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

25 be punished by death or by imprisonment for life;’’.
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1 (3) KILLING OF FOREIGN OFFICIALS OR INTER2 NATIONALLY PROTECTED PERSONS.—Section 1116(a)

3 of title 18, United States Code, is amended by strik4 ing ‘‘any such person who is found guilty of murder

5 in the first degree shall be sentenced to imprisonment

6 for life, and’’.

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

8 United States Code, is amended by inserting after ‘‘or

9 for life’’ the following: ‘‘and, if the death of any per10 son results, shall be punished by death or life impris11 onment’’.

12 (5) NONMAILABLE INJURIOUS ARTICLES.—The

13 last paragraph of section 1716 of title 18, United

14 States Code, is amended by striking the comma after

15 ‘‘imprisonment for life’’ and inserting a period and

16 striking the remainder of the paragraph.

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

18 undesignated paragraph of section 1992 of title 18,

19 United States Code, is amended by striking the

20 comma after ‘‘imprisonment for life’’ and inserting a

21 period and striking the remainder of the section.

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

23 United States Code, is amended by striking ‘‘or pun24 ished by death if the verdict of the jury shall so di-
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1 rect’’ and inserting ‘‘or if death results shall be pun2 ished by death or life imprisonment’’.

3 (8) EXPLOSIVE MATERIALS.—(A) Section 844(d)

4 of title 18, United States Code, is amended by strik5 ing ‘‘as provided in section 34 of this title’’.

6 (B) Section 844(f) of title 18, United States

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

8 34 of this title’’.

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

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

11 34 of this title’’.

12 (9) DEATH PENALTY FOR THE MURDER OF FED13 ERAL LAW ENFORCEMENT OFFICIALS.—Section 1114

14 of title 18, United States Code, is amended by strik15 ing ‘‘punished as provided under sections 1111 and

16 1112 of this title,’’ and inserting ‘‘punished, in the

17 case of murder, by a sentence of death or life impris18 onment as provided under section 1111 of this title,

19 or, in the case of manslaughter, a sentence as pro20 vided under section 1112 of this title,’’.

21 (b) CONFORMING AMENDMENT TO FEDERAL AVIATION

22 ACT OF 1954.—Section 903 of the Federal Aviation Act of

23 1958 (49 U.S.C. 1473) is amended by striking subsection

24 (c) and by striking the item relating to subsection (c) in

25 the table of contents at the beginning of such Act.
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1 (c) AIRCRAFT AND MOTOR VEHICLES.—Section 34 of

2 title 18, United States Code, is amended by striking the

3 comma after ‘‘imprisonment for life’’ and inserting a period

4 and striking the remainder of the section.

5 SEC. 3. AUTHORIZATION OF DEATH PENALTY FOR EXISTING

6 OFFENSES.

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

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

9 life’’ the following: ‘‘and, if the death of any person results,

10 shall be punished by death or life imprisonment’’.

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

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

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

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

15 or both’’ and inserting ‘‘and if death results, shall be pun16 ished by death or life imprisonment, or shall be fined under

17 this title, or both’’.

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

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

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

21 or a fine under this title, or both; and for kidnapping,

22 by imprisonment for any term of years or for life, or

23 a fine under this title, or both;’’.

24 (d) GENOCIDE.—Section 1091(b)(1) of title 18, United

25 States Code, is amended by striking ‘‘, a fine of not more
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1 than $1,000,000 and imprisonment for life;’’ and inserting

2 ‘‘, where death results, by death or imprisonment for life

3 and a fine under this title, or both;’’.

4 (e) CARJACKING.—Section 2119(3) of title 18, United

5 States Code, is amended to read as follows:

6 ‘‘(3) if death results, be punished by death or im7 prisoned for any term of years or for life, fined under

8 this title, or both.’’

9 (f) DEATH PENALTY FOR RAPE AND CHILD MOLESTA10 TION MURDERS.—

11 (1) OFFENSE.—Chapter 109A of title 18, United

12 States Code, is amended by redesignating section

13 2245 as section 2246, and by inserting after section

14 2244 the following:

15 ‘‘§ 2245. Sexual abuse resulting in death

16 ‘‘Whoever, in the course of an offense under this chap17 ter, engages in conduct that results in the death of a person,

18 shall be punished by death or imprisoned for any term of

19 years or for life.’’.

20 (2) CLERICAL AMENDMENT.—The table of sec21 tions at the beginning of chapter 109A of title 18,

22 United States Code, is amended by striking the item

23 for section 2245 and adding the following:

‘‘2245. Sexual abuse resulting in death.

‘‘2246. Definitions for chapter.’’.
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1 (g) DEATH PENALTY FOR SEXUAL EXPLOITATION OF

2 CHILDREN.—Section 2251(d) of title 18, United States

3 Code, is amended by adding at the end the following: ‘‘Who4 ever, in the course of an offense under this section, engages

5 in conduct that results in the death of a person, shall be

6 punished by death or imprisoned for any term of years or

7 for life.’’.

8 (h) HOMICIDES AND ATTEMPTED HOMICIDES INVOLV9 ING FIREARMS IN FEDERAL FACILITIES.—Section 930 of

10 title 18, United States Code, is amended—

11 (1) by redesignating subsections (c), (d), (e), (f),

12 and (g) as subsections (d), (e), (f), (g), and (h), re13 spectively;

14 (2) in subsection (a), by striking ‘‘(c)’’ and in15 serting ‘‘(d)’’;

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

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

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

19 course of an attack on a Federal facility involving the use

20 of a firearm or other dangerous weapon, shall be punished

21 as provided in sections 1111, 1112, and 1113 of this title.’’;

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

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

24 (5) in subsection (h) (as so redesignated)—
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1 (A) by striking ‘‘and (b)’’ and inserting ‘‘,

2 (b), and (c)’’; and

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

4 and inserting ‘‘(e)’’.

5 (i) DEATH PENALTY FOR MURDER OF FEDERAL WIT6 NESSES.—Section 1512(a)(2)(A) of title 18, United States

7 Code, is amended to read as follows:

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

9 1111 of this title, the death penalty or imprisonment

10 for life, and in the case of any other killing, the pun11 ishment provided in section 1112 of this title; and’’.

12 (j) PROTECTION OF COURT OFFICERS AND JURORS.—

13 Section 1503 of title 18, United States Code, is amended—

14 (1) by designating the current text as subsection

15 (a);

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

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

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

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

20 ‘‘(b) The punishment for an offense under this section

21 is—

22 ‘‘(1) in the case of a killing, the punishment pro23 vided in sections 1111 and 1112 of this title;

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

25 case in which the offense was committed against a
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1 petit juror and in which a class A or B felony was

2 charged, imprisonment for not more than twenty

3 years, a fine under this title, or both; and

4 ‘‘(3) in any other case, imprisonment for not

5 more than ten years, a fine under this title, or both.’’;

6 and

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

8 section, by striking ‘‘commissioner’’ each place it ap9 pears and inserting ‘‘magistrate judge’’.

10 (k) FOREIGN MURDER OF UNITED STATES NATION11 ALS.—

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

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

14 the following new section:

15 ‘‘§ 1118. Foreign murder of United States nationals

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

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

18 while such national is outside the United States but within

19 the jurisdiction of another country shall be punished as pro20 vided under sections 1111, 1112, and 1113 of this title.

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

22 person under this section except upon the written approval

23 of the Attorney General, the Deputy Attorney General, or

24 an Assistant Attorney General, which function of approving

25 prosecutions may not be delegated. No prosecution shall be
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1 approved if prosecution has been previously undertaken by

2 a foreign country for the same conduct.

3 ‘‘(c) No prosecution shall be approved under this sec4 tion unless the Attorney General, in consultation with the

5 Secretary of State, determines that the conduct took place

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

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

8 return. A determination by the Attorney General under this

9 subsection is not subject to judicial review.

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

11 United States’ has the meaning given such term in section

12 101(a)(22) of the Immigration and Nationality Act (8

13 U.S.C. 1101(a)(22)).’’.

14 (2) CONFORMING AMENDMENT.—Section 1117 of

15 title 18, United States Code, is amended by striking

16 ‘‘or 1116’’ and inserting ‘‘1116, or 1118’’.

17 (3) CLERICAL AMENDMENT.—The table of sec18 tions at the beginning of chapter 51 of title 18, Unit19 ed States Code, is amended by adding at the end the

20 following new item:

‘‘1118. Foreign murder of United States nationals.’’.

21 (l) DEATH PENALTY FOR CIVIL RIGHTS MURDERS.—

22 (1) CONSPIRACY AGAINST RIGHTS.—Section 241

23 of title 18, United States Code, is amended by strik24 ing the period at the end of the last sentence and in25 serting ‘‘, 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, is

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

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

5 death.’’.

6 (3) FEDERALLY PROTECTED ACTIVITIES.—Sec7 tion 245(b) of title 18, United States Code, is amend8 ed in the matter following paragraph (5) by inserting

9 ‘‘, or may be sentenced to death’’ after ‘‘or for life’’.

10 (4) DAMAGE TO RELIGIOUS PROPERTY; OBSTRUC11 TION OF THE FREE EXERCISE OF RELIGIOUS

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

13 Code, is amended by inserting ‘‘, or may be sentenced

14 to death’’ after ‘‘or both’’.

15 SEC. 4. DEATH PENALTY FOR MURDER BY A FEDERAL PRIS16 ONER.

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

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

19 ‘‘§ 1119. Murder by a Federal prisoner

20 ‘‘(a) OFFENSE.—Whoever, while confined in a Federal

21 correctional institution under a sentence for a term of life

22 imprisonment, commits the murder of another shall be pun23 ished by death or by life imprisonment.

24 ‘‘(b) DEFINITIONS.—For the purposes of this section—
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1 ‘‘(1) the term ‘Federal correctional institution’

2 means any Federal prison, Federal correctional facil3 ity, Federal community program center, or Federal

4 halfway house;

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

6 a sentence for the term of natural life, a sentence com7 muted to natural life, an indeterminate term of a

8 minimum of at least fifteen years and a maximum of

9 life, or an unexecuted sentence of death; and

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

11 second degree murder as defined by section 1111 of

12 this title.’’.

13 (b) CLERICAL AMENDMENT.—The table of sections at

14 the beginning of chapter 51 of title 18, United States Code,

15 is amended by adding at the end thereof the following:

‘‘1119. Murder by a Federal prisoner.’’.

16 SEC. 5. MURDER BY ESCAPED PRISONERS.

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

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

19 ‘‘§ 1120. Murder by escaped prisoners

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

21 Federal prison where such person was confined under a sen22 tence for a term of life imprisonment, kills another shall

23 be punished as provided in sections 1111 and 1112 of this

24 title.
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1 ‘‘(b) DEFINITION.—As used in this section, the terms

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

3 meanings given those terms in section 1119 of this title.’’.

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

5 the beginning of chapter 51 of title 18, United States Code,

6 is amended by adding at the end the following:

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

7 SEC. 6. DRIVE-BY SHOOTINGS.

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

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

10 following:

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

12 to—

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

14 vehicle and

15 ‘‘(2) thereby create a grave risk to human life.’’.

16 (b) PENALTY.—Section 924(a) of such title is amended

17 by adding at the end the following:

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

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

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

21 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 TRAF3 FICKING CRIMES.

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

5 by adding after the subsections added by [subtitle B of title

6 V of this Act] the following:

7 ‘‘(j) Whoever, in the course of a violation of subsection

8 (c) of this section, causes the death of a person through the

9 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 im12 prisonment 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 AND STATE COR19 RECTIONAL OFFICERS.

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

21 States Code is amended by adding at the end the following:

22 ‘‘§ 1121. Killing persons aiding Federal investigations

23 or State correctional officers

24 ‘‘(a) Whoever intentionally kills—

25 ‘‘(1) a State or local official, law enforcement of26 ficer, or other officer or employee while working with
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1 Federal law enforcement officials in furtherance of a

2 Federal criminal investigation—

3 ‘‘(A) while the victim is engaged in the per4 formance of official duties;

5 ‘‘(B) because of the performance of the vic6 tim’s official duties; or

7 ‘‘(C) because of the victim’s status as a pub8 lic 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 this title, including by sentence of death or by imprison14 ment for life.

15 ‘‘(b)(1) Whoever, in a circumstance described in para16 graph (3) of this subsection, while incarcerated, inten17 tionally kills any State correctional officer engaged in, or

18 on account of the performance of such officer’s official du19 ties, shall be sentenced to a term of imprisonment which

20 shall not be less than 20 years, and may be sentenced to

21 life imprisonment or death.

22 ‘‘(2) As used in this section, the term, ‘State correc23 tional officer’ includes any officer or employee of any pris24 on, jail, or other detention facility, operated by, or under

25 contract to, either a State or local governmental agency,
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1 whose job responsibilities include providing for the custody

2 of incarcerated individuals.

3 ‘‘(3) The circumstance referred to in paragraph (1) of

4 this subsection is that.—

5 ‘‘(A) the correctional officer is engaged in trans6 porting the incarcerated person interstate; or

7 ‘‘(B) the incarcerated person is incarcerated

8 pursuant to a conviction for an offense against the

9 United States.’’.

10 (b) CLERICAL AMENDMENT.—The table of sections at

11 the beginning of chapter 51 of title 18, United States Code,

12 is amended by adding at the end the following:

‘‘1121. Killing persons aiding Federal investigations or State correctional officers.’’.

13 SEC. 9. PROHIBITION OF RETALIATORY KILLINGS OF WIT14 NESSES, VICTIMS AND INFORMANTS.

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

16 amended—

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

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

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

20 subsection (a) as follows:

21 ‘‘(a)(1) Whoever kills or attempts to kill another person

22 with intent to retaliate against any person for—

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

24 official proceeding, or any testimony given or any
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1 record, document, or other object produced by a wit2 ness in an official proceeding; or

3 ‘‘(B) any information relating to the commission

4 or possible commission of a Federal offense or a viola5 tion of conditions of probation, parole or release

6 pending judicial proceedings given by a person to a

7 law enforcement officer; shall be punished as provided

8 in paragraph (2).

9 ‘‘(2) The punishment for an offense under this sub10 section is—

11 ‘‘(A) in the case of a killing, the punishment pro12 vided in sections 1111 and 1112 of this title; and

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

14 not more than twenty years, a fine under this title,

15 or both.’’.

16 SEC. 10. WEAPONS OF MASS DESTRUCTION.

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

18 States Code, is amended by inserting after section 2332 the

19 following new section:

20 ‘‘§ 2332a. Use of weapons of mass destruction

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

22 weapon of mass destruction—

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

24 while such national is outside of the United States;
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1 ‘‘(2) against any person within the United

2 States; or

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

4 or used by the United States or by any department

5 or agency of the United States, whether the property

6 is within or outside of the United States;

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

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

9 for any term of years or for life.

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

11 ‘‘(1) the term ‘national of the United States’ has

12 the meaning given in section 101(a)(22) of the Immi13 gration and Nationality Act (8 U.S.C. 1101(a)(22));

14 and

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

16 means—

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

18 section 921 of this title;

19 ‘‘(B) poison gas;

20 ‘‘(C) any weapon involving a disease orga21 nism; or

22 ‘‘(D) any weapon that is designed to release

23 radiation or radioactivity at a level dangerous to

24 human life.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections at

2 the beginning of chapter 113A of title 18, United States

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

4 section 2332 the following:

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

5 SEC. 11. VIOLENCE AT AIRPORTS SERVING INTERNATIONAL

6 CIVIL AVIATION.

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

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

9 ‘‘§ 36. Violence at international airports

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

11 device, substance or weapon—

12 ‘‘(1) performs an act of violence against a person

13 at an airport serving international civil aviation

14 which causes or is likely to cause serious bodily in15 jury (as defined in section 1365 of this title) or death;

16 or

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

18 of an airport serving international civil aviation or

19 a civil aircraft not in service located thereon or

20 disrupts the services of the airport;

21 if such an act endangers or is likely to endanger safety at

22 that airport, or attempts to do such an act, shall be fined

23 under this title or imprisoned not more than twenty years,

24 or both; and if the death of any person results from conduct
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1 prohibited by this subsection, shall be punished by death

2 or imprisoned for any term of years or for life.

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

4 in subsection (a) if—

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

6 United States; or

7 ‘‘(2) the prohibited activity takes place outside of

8 the United States and the offender is later found in

9 the United States.

10 ‘‘(c) It is a bar to Federal prosecution under subsection

11 (a) for conduct that occurred within the United States that

12 the conduct involved—

13 ‘‘(1) a domestic dispute solely affecting and be14 tween members of the same family or household or be15 tween social acquaintances; or

16 ‘‘(2) was during or in relation to a labor dis17 pute, and such conduct was prohibited as a felony

18 under the law of the State in which it was committed.

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

20 the meaning set forth in section 2(c) of the Norris21 LaGuardia Act (29 U.S.C. 113(c)).’’.

22 (b) CLERICAL AMENDMENT.—The table of sections at

23 the beginning of chapter 2 of title 18, United States Code,

24 is amended by adding at the end the following:

‘‘36. Violence at international airports.’’.
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1 (c) EFFECTIVE DATE.—This section shall take effect

2 on the later of—

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

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

5 Unlawful Acts of Violence at Airports Serving Inter6 national Civil Aviation, Supplementary to the Con7 vention for the Suppression of Unlawful Acts Against

8 the Safety of Civil Aviation, done at Montreal on 23

9 September 1971, has come into force and the United

10 States has become a party to the Protocol.

11 SEC. 12. OFFENSES OF VIOLENCE AGAINST MARITIME NAVI12 GATION OR FIXED PLATFORMS.

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

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

15 ‘‘§ 2280. Violence against maritime navigation

16 ‘‘(a) Whoever unlawfully and intentionally—

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

18 force or threat thereof or any other form of intimida19 tion;

20 ‘‘(2) performs an act of violence against a person

21 on board a ship if that act is likely to endanger the

22 safe navigation of that ship;

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

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

25 navigation of that ship;
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1 ‘‘(4) places or causes to be placed on a ship, by

2 any means whatsoever, a device or substance which is

3 likely to destroy that ship, or cause damage to that

4 ship or its cargo which endangers or is likely to en5 danger the safe navigation of that ship;

6 ‘‘(5) destroys or seriously damages maritime

7 navigational facilities or seriously interferes with

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

9 safe navigation of a ship;

10 ‘‘(6) communicates information, knowing the in11 formation to be false and under circumstances in

12 which such information may reasonably be believed,

13 thereby endangering the safe navigation of a ship;

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

15 with the commission or the attempted commission of

16 any of the offenses set forth in paragraphs (1) through

17 (6); or

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

19 paragraphs (1) through (7);

20 shall be fined under this title or imprisoned not more than

21 twenty years, or both; and if the death of any person results,

22 from conduct prohibited by this subsection, shall be pun23 ished by death or imprisoned for any term of years or for

24 life.
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1 ‘‘(b) Whoever threatens to do any act prohibited under

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

3 determination and will to carry the threat into execution,

4 if the threatened act is likely to endanger the safe naviga5 tion of the ship in question, shall be fined under this title

6 or imprisoned not more than five years, or both.

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

8 in subsections (a) and (b)—

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

10 ‘‘(A) such activity is committed—

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

12 the flag of the United States at the time the

13 prohibited activity is committed;

14 ‘‘(ii) in the United States and the ac15 tivity is not prohibited as a crime by the

16 State in which the activity takes place; or

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

18 flying the flag of a foreign country or out19 side the United States, by a national of the

20 United States or by a stateless person whose

21 habitual residence is in the United States;

22 ‘‘(B) during the commission of such activ23 ity, a national of the United States is seized,

24 threatened, injured or killed; or
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1 ‘‘(C) the offender is later found in the Unit2 ed States after such activity is committed;

3 ‘‘(2) in the case of a ship navigating or sched4 uled to navigate solely within the territorial sea or

5 internal waters of a country other than the United

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

7 States after such activity is committed; and

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

9 committed in an attempt to compel the United States

10 to do or abstain from doing any act.

11 ‘‘(d) It is a bar to Federal prosecution under sub12 section (a) for conduct that occurred within the United

13 States that the conduct involved—

14 ‘‘(1) a domestic dispute solely affecting and be15 tween members of the same family or household or be16 tween social acquaintances; or

17 ‘‘(2) was during or in relation to a labor dis18 pute, and such conduct was prohibited as a felony

19 under the law of the State in which it was committed.

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

21 the meaning set forth in section 2(c) of the Norris22 LaGuardia Act (29 U.S.C. 113(c)).

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

24 the United States who has reasonable grounds to believe that

25 there is on board that ship any person who has committed
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1 an offense under Article 3 of the Convention for the Sup2 pression of Unlawful Acts Against the Safety of Maritime

3 Navigation may deliver such person to the authorities of

4 a State Party to that Convention. Before delivering such

5 person to the authorities of another country, the master

6 shall notify in an appropriate manner the Attorney General

7 of the United States of the alleged offense and await instruc8 tions from the Attorney General as to what action to take.

9 When delivering the person to a country which is a State

10 Party to the Convention, the master shall, whenever prac11 ticable, and if possible before entering the territorial sea of

12 such country, notify the authorities of such country of the

13 master’s intention to deliver such person and the reasons

14 therefor. If the master delivers such person, the master shall

15 furnish to the authorities of such country the evidence in

16 the master’s possession that pertains to the alleged offense.

17 ‘‘(f) As used in this section, the term—

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

19 whatsoever not permanently attached to the sea-bed,

20 including dynamically supported craft, submersibles

21 or any other floating craft; but such term does not in22 clude a warship, a ship owned or operated by a gov23 ernment when being used as a naval auxiliary or for

24 customs or police purposes, or a ship which has been

25 withdrawn from navigation or laid up;
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1 ‘‘(2) the term ‘covered ship’ means a ship that is

2 navigating or is scheduled to navigate into, through

3 or from waters beyond the outer limit of the terri4 torial sea of a single country or a lateral limit of that

5 country’s territorial sea with an adjacent country;

6 ‘‘(3) the term ‘national of the United States’ has

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

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

9 1101(a)(22));

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

11 States’ means all waters extending seaward to 12

12 nautical miles from the baselines of the United States

13 determined in accordance with international law; and

14 ‘‘(5) the term ‘United States’, when used in a

15 geographical sense, includes the Commonwealth of

16 Puerto Rico, the Commonwealth of the Northern Mar17 ianas Islands and all territories and possessions of

18 the United States.

19 ‘‘§ 2281. Violence against maritime fixed platforms

20 ‘‘(a) Whoever unlawfully and intentionally—

21 ‘‘(1) seizes or exercises control over a fixed plat22 form by force or threat thereof or any other form of

23 intimidation;
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1 ‘‘(2) performs an act of violence against a person

2 on board a fixed platform if that act is likely to en3 danger its safety;

4 ‘‘(3) destroys a fixed platform or causes damage

5 to it which is likely to endanger its safety;

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

7 platform, by any means whatsoever, a device or sub8 stance which is likely to destroy that fixed platform

9 or likely to endanger its safety;

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

11 with the commission or the attempted commission of

12 any of the offenses set forth in paragraphs (1) through

13 (4); or

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

15 paragraphs (1) through (5);

16 shall be fined under this title or imprisoned not more than

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

18 from conduct prohibited by this subsection, shall be pun19 ished by death or imprisoned for any term of years or for

20 life.

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

22 under paragraph (2) or (3) of subsection (a), with apparent

23 determination and will to carry the threat into execution,

24 if the threatened act is likely to endanger the safety of the
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1 fixed platform, shall be fined under this title or imprisoned

2 not more than five years, or both.

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

4 in subsections (a) and (b) if—

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

6 board a fixed platform—

7 ‘‘(A) that is located on the continental shelf

8 of the United States;

9 ‘‘(B) that is located on the continental shelf

10 of another country, by a national of the United

11 States or by a stateless person whose habitual

12 residence is in the United States; or

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

14 States to do or abstain from doing any act;

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

16 against or on board a fixed platform located on a

17 continental shelf, a national of the United States is

18 seized, threatened, injured or killed; or

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

20 board a fixed platform located outside the United

21 States and beyond the continental shelf of the United

22 States and the offender is later found in the United

23 States.
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1 ‘‘(d) It is a bar to Federal prosecution under sub2 section (a) for conduct that occurred within the United

3 States that the conduct involved—

4 ‘‘(1) a domestic dispute solely affecting and be5 tween members of the same family or household or be6 tween social acquaintances; or

7 ‘‘(2) was during or in relation to a labor dis8 pute, and such conduct was prohibited as a felony

9 under the law of the State in which it was committed.

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

11 the meaning set forth in section 2(c) of the Norris12 LaGuardia Act (29 U.S.C. 113(c)).

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

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

15 subsoil of the submarine areas that extend beyond a

16 country’s territorial sea to the limits provided by cus17 tomary international law as reflected in Article 76 of

18 the 1982 Convention on the Law of the Sea;

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

20 installation or structure permanently attached to the

21 sea-bed for the purpose of exploration or exploitation

22 of resources or for other economic purposes;

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

24 meaning given such term in section 101(a)(22) of the
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1 Immigration and Nationality Act (8 U.S.C.

2 1101(a)(22));

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

4 all waters extending seaward to 12 nautical miles

5 from the baselines of the United States determined in

6 accordance with international law; and

7 ‘‘(5) ‘United States’, when used in a geographi8 cal sense, includes the Commonwealth of Puerto Rico,

9 the Commonwealth of the Northern Marianas Islands

10 and all territories and possessions of the United

11 States.’’.

12 (b) CLERICAL AMENDMENTS.—The table of sections at

13 the beginning of chapter 111 of title 18, United States Code,

14 is amended by adding at the end thereof the following:

‘‘2280. Violence against maritime navigation.

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

15 (c) EFFECTIVE DATES.—This section and the amend16 ments made by this section shall take effect on the later of—

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

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

19 United States Code, the date the Convention for the

20 Suppression of Unlawful Acts Against the Safety of

21 Maritime Navigation has come into force and the

22 United States has become a party to that Convention;

23 and
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1 (B) in the case of section 2281 of title 18, United

2 States Code, the date the Protocol for the Suppression

3 of Unlawful Acts Against the Safety of Fixed Plat4 forms Located on the Continental Shelf has come into

5 force and the United States has become a party to

6 that Protocol.

7 SEC. 13. TORTURE.

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

9 Code, is amended by inserting after chapter 113A the fol10 lowing new chapter:

11 ‘‘CHAPTER 113B—TORTURE

‘‘Sec.

2340. Definitions.

2340A. Torture.

2340B. Exclusive remedies.

12 ‘‘§ 2340. Definitions

13 ‘‘As used in this chapter—

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

15 by a person acting under the color of law specifically

16 intended to inflict severe physical or mental pain or

17 suffering (other than pain or suffering incidental to

18 lawful sanctions) upon another person within his cus19 tody or physical control;

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

21 means the prolonged mental harm caused by or re22 sulting from (A) the intentional infliction or threat23 ened infliction of severe physical pain or suffering;
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1 (B) the administration or application, or threatened

2 administration or application, of mind altering sub3 stances or other procedures calculated to disrupt pro4 foundly the senses or the personality; (C) the threat

5 of imminent death; or (D) the threat that another

6 person will imminently be subjected to death, severe

7 physical pain or suffering, or the administration or

8 application of mind altering substances or other pro9 cedures calculated to disrupt profoundly the senses or

10 personality;

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

12 under the jurisdiction of the United States including

13 any of the places within the provisions of sections 5

14 and 7 of this title and section 101(38) of the Federal

15 Aviation Act of 1958, as amended (49 U.S.C. App.

16 1301(38)).

17 ‘‘§ 2340A. Torture

18 ‘‘(a) Whoever, outside the United States and in a cir19 cumstance described in subsection (b) of this section, com20 mits or attempts to commit torture—

21 ‘‘(1) shall be fined under this title or imprisoned

22 not more than twenty years, or both; and

23 ‘‘(2) if death results to any person from conduct

24 prohibited by this subsection, shall be punished by

25 death or imprisoned for any term of years or for life.
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1 ‘‘(b) The circumstance referred to in subsection (a) of

2 this section is if—

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

4 United States; or

5 ‘‘(2) the alleged offender is present in the United

6 States, irrespective of the nationality of the victim or

7 the alleged offender.

8 ‘‘§ 2340B. Exclusive remedies

9 ‘‘Nothing in this chapter shall be construed as preclud10 ing the application of State or local laws on the same sub11 ject, nor shall anything in this chapter be construed as cre12 ating any substantive or procedural right enforceable by

13 law by any party in any civil proceeding.’’.

14 (b) CLERICAL AMENDMENT.—The table of chapters for

15 part I of title 18, United States Code, is amended by insert16 ing after the item for chapter 113A the following new item:

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

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

18 on the later of—

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

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

21 party to the Convention Against Torture and Other

22 Cruel, Inhuman or Degrading Treatment or

23 Punishment.
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1 SEC. 14. APPLICABILITY TO UNIFORM CODE OF MILITARY

2 JUSTICE.

3 The provisions of chapter 228 of title 18, United States

4 Code, as added by ( ), shall not apply to prosecutions

5 under the Uniform Code of Military Justice (10 U.S.C.

6 801).

7 SEC. 15. PROTECTION OF JURORS AND WITNESSES IN CAP8 ITAL CASES.

9 Section 3432 of title 18, United States Code, is amend10 ed by inserting before the period the following: ‘‘, except that

11 such list of the veniremen and witnesses need not be fur12 nished if the court finds by a preponderance of the evidence

13 that providing the list may jeopardize the life or safety of

14 any person’’.

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