I

103D CONGRESS

1ST SESSION H. R. 1220

To provide the penalty of death for certain Federal crimes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 4, 1993

Mr. GEKAS introduced the following bill; which was referred to the Committee

on the Judiciary

A BILL

To provide the penalty of death for certain Federal 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. SHORT TITLE.

4 This Act may be cited as the ‘‘Federal Death Penalty

5 Act of 1993’’.

6 SEC. 2. DEATH PENALTY PROCEDURES.

7 Title 18 of the United States Code is amended—

8 (1) by adding the following new chapter after

9 chapter 227:

10 ‘‘CHAPTER 228—DEATH PENALTY PROCEDURES

‘‘Sec.

‘‘3591. Sentence of death.
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‘‘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.

1 ‘‘§ 3591. Sentence of death

2 ‘‘A defendant who has been found guilty of—

3 ‘‘(1) an offense described in section 794 or sec4 tion 2381 of this title;

5 ‘‘(2) an offense described in section 1751(c) of

6 this title if the offense, as determined beyond a rea7 sonable doubt at a hearing under section 3593, con8 stitutes an attempt to murder the President of the

9 United States and results in bodily injury to the

10 President or comes dangerously close to causing the

11 death of the President;

12 ‘‘(3) an offense referred to in section 408(c)(1)

13 of the Controlled Substances Act (21 U.S.C.

14 848(c)(1)), committed as part of a continuing crimi15 nal enterprise offense under the conditions described

16 in subsection (b) of that section which involved not

17 less than twice the quantity of controlled substance

18 described in subsection (b)(2)(A) or twice the gross

19 receipts described in subsection (b)(2)(B);
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1 ‘‘(4) an offense referred to in section 408(c)(1)

2 of the Controlled Substances Act (21 U.S.C.

3 848(c)(1)), committed as part of a continuing crimi4 nal enterprise offense under that section, where the

5 defendant is a principal administrator, organizer, or

6 leader of such an enterprise, and the defendant, in

7 order to obstruct the investigation or prosecution of

8 the enterprise or an offense involved in the enter9 prise, attempts to kill or knowingly directs, advises,

10 authorizes, or assists another to attempt to kill any

11 public officer, juror, witness, or members of the fam12 ily or household of such a person;

13 ‘‘(5) an offense constituting a felony violation of

14 the Controlled Substances Act (21 U.S.C. 801 et

15 seq.) or the Controlled Substances Import and Ex16 port Act (21 U.S.C. 951 et seq.), or the Maritime

17 Drug Law Enforcement Act (46 U.S.C. App. 1901

18 et seq.), where the defendant, intending to cause

19 death or acting with reckless disregard for human

20 life, engages in such a violation, and the death of

21 another person results in the course of the violation

22 or from the use of the controlled substance involved

23 in the violation; or

24 ‘‘(6) any other offense for which a sentence of

25 death is provided, if the defendant, as determined
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1 beyond a reasonable doubt at a hearing under sec2 tion 3593, caused the death of a person inten3 tionally, knowingly, or through recklessness mani4 festing extreme indifference to human life, or caused

5 the death of a person through the intentional inflic6 tion of serious bodily injury;

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

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

9 held pursuant to section 3593, it is determined that impo10 sition of a sentence of death is justified: Provided, That

11 no person may be sentenced to death who was less than

12 eighteen years of age at the time of the offense or who

13 is mentally retarded.

14 ‘‘§ 3592. Factors to be considered in determining

15 whether a sentence of death is justified

16 ‘‘(a) MITIGATING FACTORS.—In determining wheth17 er a sentence of death is justified for any offense, the jury,

18 or if there is no jury, the court, shall consider each of

19 the following mitigating factors and determine which, if

20 any, exist:

21 ‘‘(1) MENTAL CAPACITY.—The defendant’s

22 mental capacity to appreciate the wrongfulness of

23 his conduct or to conform his conduct to the require24 ments of law was significantly impaired, regardless
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1 of whether the capacity was so impaired as to con2 stitute a defense to the charge.

3 ‘‘(2) DURESS.—The defendant was under un4 usual and substantial duress, regardless of whether

5 the duress was of such a degree as to constitute a

6 defense to the charge.

7 ‘‘(3) PARTICIPATION IN OFFENSE MINOR.—The

8 defendant’s participation in the offense, which was

9 committed by another, was relatively minor, regard10 less of whether the participation was so minor as to

11 constitute a defense to the charge.

12 ‘‘(4) NO SIGNIFICANT CRIMINAL HISTORY.—

13 The defendant did not have a significant history of

14 other criminal conduct.

15 ‘‘(5) DISTURBANCE.—The defendant committed

16 the offense under severe mental or emotional dis17 turbance.

18 ‘‘(6) VICTIM’S CONSENT.—The victim consented

19 to the criminal conduct that resulted in the victim’s

20 death.

21 The jury, or if there is no jury, the court, shall consider

22 whether any other aspect of the defendant’s background,

23 character or record or any other circumstance of the of24 fense that the defendant may proffer as a mitigating fac25 tor exists.
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1 ‘‘(b) AGGRAVATING FACTORS FOR ESPIONAGE AND

2 TREASON.—In determining whether a sentence of death

3 is justified for an offense described in section 3591(a), the

4 jury, or if there is no jury, the court, shall consider each

5 of the following aggravating factors and determine which,

6 if any, exist:

7 ‘‘(1) PREVIOUS ESPIONAGE OR TREASON CON8 VICTION.—The defendant has previously been con9 victed of another offense involving espionage or trea10 son for which a sentence of life imprisonment or

11 death was authorized by statute.

12 ‘‘(2) RISK OF SUBSTANTIAL DANGER TO NA13 TIONAL SECURITY.—In the commission of the of14 fense the defendant knowingly created a grave risk

15 to the national security.

16 ‘‘(3) RISK OF DEATH TO ANOTHER.—In the

17 commission of the offense the defendant knowingly

18 created a grave risk of death to another person.

19 The jury, or if there is no jury, the court, may consider

20 whether any other aggravating factor exists.

21 ‘‘(c) AGGRAVATING FACTORS FOR HOMICIDE AND

22 FOR ATTEMPTED MURDER OF THE PRESIDENT.—In de23 termining whether a sentence of death is justified for an

24 offense described in section 3591 (b) or (f), the jury, or

25 if there is no jury, the court, shall consider each of the
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1 following aggravating factors and determine which, if any,

2 exist:

3 ‘‘(1) CONDUCT OCCURRED DURING COMMISSION

4 OF SPECIFIED CRIMES.—The conduct resulting in

5 death occurred during the commission or attempted

6 commission of, or during the immediate flight from

7 the commission of, an offense under section 32 (de8 struction of aircraft or aircraft facilities), section 33

9 (destruction of motor vehicles or motor vehicle facili10 ties), section 36 (violence at international airports),

11 section 351 (violence against Members of Congress,

12 Cabinet officers, or Supreme Court Justices), section

13 751 (prisoners in custody of institution or officer),

14 section 794 (gathering or delivering defense informa15 tion to aid foreign government), section 844(d)

16 (transportation of explosives in interstate commerce

17 for certain purposes), section 844(f) (destruction of

18 Government property by explosives), section 844(i)

19 (destruction of property affecting interstate com20 merce by explosives), section 1116 (killing or at21 tempted killing of diplomats), section 1118 (pris22 oners serving life term), section 1201 (kidnapping),

23 section 1203 (hostage taking), section 1751 (violence

24 against the President or Presidential staff), section

25 1992 (wrecking trains), section 2280 (maritime vio-
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1 lence), section 2281 (maritime platform violence),

2 section 2331 (terrorist acts abroad against United

3 States nationals), section 2332 (use of weapons of

4 mass destruction), or section 2381 (treason) of this

5 title, section 1826 of title 28 (persons in custody as

6 recalcitrant witnesses or hospitalized following insan7 ity acquittal), or section 902 (i) or (n) of the Fed8 eral Aviation Act of 1958, as amended (49 U.S.C.

9 App. 1472 (i) or (n) (aircraft piracy)).

10 ‘‘(2) INVOLVEMENT OF FIREARM OR PREVIOUS

11 CONVICTION OF VIOLENT FELONY INVOLVING FIRE12 ARM.—The defendant—

13 ‘‘(A) during and in relation to the commis14 sion of the offense or in escaping or attempting

15 to escape apprehension used or possessed a fire16 arm as defined in section 921 of this title; or

17 ‘‘(B) has previously been convicted of a

18 Federal or State offense punishable by a term

19 of imprisonment of more than one year, involv20 ing the use of attempted or threatened use of

21 a firearm, as defined in section 921 of this title,

22 against another person.

23 ‘‘(3) PREVIOUS CONVICTION OF OFFENSE FOR

24 WHICH A SENTENCE OF DEATH OR LIFE IMPRISON25 MENT WAS AUTHORIZED.—The defendant has pre-
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1 viously been convicted of another Federal or State

2 offense resulting in the death of a person, for which

3 a sentence of life imprisonment or death was author4 ized by statute.

5 ‘‘(4) PREVIOUS CONVICTION OF OTHER SERI6 OUS OFFENSES.—The defendant has previously been

7 convicted of two or more Federal or State offenses,

8 each punishable by a term of imprisonment of more

9 than one year, committed on different occasions, in10 volving the importation, manufacture, or distribution

11 of a controlled substance (as defined in section 102

12 of the Controlled Substances Act (21 U.S.C. 802))

13 or the infliction of, or attempted infliction of, serious

14 bodily injury or death upon another person.

15 ‘‘(5) GRAVE RISK OF DEATH TO ADDITIONAL

16 PERSONS.—The defendant, in the commission of the

17 offense or in escaping or attempting to escape ap18 prehension, knowingly created a grave risk of death

19 to one or more persons in addition to the victim of

20 the offense.

21 ‘‘(6) HEINOUS, CRUEL, OR DEPRAVED MANNER

22 OF COMMISSION.—The defendant committed the of23 fense in an especially heinous, cruel, or depraved

24 manner in that it involved torture or serious physical

25 abuse to the victim.
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1 ‘‘(7) PROCUREMENT OF OFFENSE BY PAY2 MENT.—The defendant procured the commission of

3 the offense by payment, or promise of payment, of

4 anything of pecuniary value.

5 ‘‘(8) COMMISSION OF THE OFFENSE FOR PECU6 NIARY GAIN.—The defendant committed the offense

7 as consideration for the receipt, or in the expectation

8 of the receipt, of anything of pecuniary value.

9 ‘‘(9) SUBSTANTIAL PLANNING AND

10 PREMEDITATION.—The defendant committed the of11 fense after substantial planning and premeditation.

12 ‘‘(10) VULNERABILITY OF VICTIM.—The victim

13 was particularly vulnerable due to old age, youth, or

14 infirmity.

15 ‘‘(11) TYPE OF VICTIM.—The defendant com16 mitted the offense against—

17 ‘‘(A) the President of the United States,

18 the President-elect, the Vice President, the Vice

19 President-elect, the Vice President-designate,

20 or, if there was no Vice President, the officer

21 next in order of succession to the office of the

22 President of the United States, or any person

23 acting as President under the Constitution and

24 laws of the United States;
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1 ‘‘(B) a chief of state, head of government,

2 or the political equivalent, of a foreign nation;

3 ‘‘(C) a foreign official listed in section

4 1116(b)(3)(A) of this title, if that official was

5 in the United States on official business; or

6 ‘‘(D) a Federal public servant who was

7 outside of the United States or who was a Fed8 eral judge, a Federal law enforcement officer,

9 an employee (including a volunteer or contract

10 employee) of a Federal prison, or an official of

11 the Federal Bureau of Prisons—

12 ‘‘(i) while such public servant was en13 gaged in the performance of his official du14 ties;

15 ‘‘(ii) because of the performance of

16 such public servant’s official duties; or

17 ‘‘(iii) because of such public servant’s

18 status as a public servant.

19 For purposes of this paragraph, the terms ‘Presi20 dent-elect’ and ‘Vice President-elect’ mean such per21 sons as are the apparent successful candidates for

22 the offices of President and Vice President, respec23 tively, as ascertained from the results of the general

24 elections held to determine the electors of President

25 and Vice President in accordance with title 3, Unit-
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1 ed States Code, sections 1 and 2; a ‘Federal law en2 forcement officer’ is a public servant authorized by

3 law or by a Government agency or Congress to con4 duct or engage in the prevention, investigation, or

5 prosecution of an offense; ‘Federal prison’ means a

6 Federal correctional, detention, or penal facility,

7 Federal community treatment center, or Federal

8 halfway house, or any such prison operated under

9 contract with the Federal Government; and ‘Federal

10 judge’ means any judicial officer of the United

11 States, and includes a justice of the Supreme Court

12 and a United States magistrate judge.

13 The jury, or if there is no jury, the court, may consider

14 whether any other aggravating factor exists.

15 ‘‘(d) AGGRAVATING FACTORS FOR DRUG OFFENSE

16 DEATH PENALTY.—In determining whether a sentence of

17 death is justified for an offense described in section

18 3591(c)-(e), the jury, or if there is no jury, the court, shall

19 consider each of the following aggravating factors and de20 termine which, if any, exist—

21 ‘‘(1) PREVIOUS CONVICTION OF OFFENSE FOR

22 WHICH A SENTENCE OF DEATH OR LIFE IMPRISON23 MENT WAS AUTHORIZED.—The defendant has pre24 viously been convicted of another Federal or State

25 offense resulting in the death of a person, for which
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1 a sentence of life imprisonment or death was author2 ized by statute.

3 ‘‘(2) PREVIOUS CONVICTION OF OTHER SERI4 OUS OFFENSES.—The defendant has previously been

5 convicted of two or more Federal or State offenses,

6 each punishable by a term of imprisonment of more

7 than one year, committed on different occasions, in8 volving the importation, manufacture, or distribution

9 of a controlled substance (as defined in section 102

10 of the Controlled Substances Act (21 U.S.C. 802))

11 or the infliction of, or attempted infliction of, serious

12 bodily injury or death upon another person.

13 ‘‘(3) PREVIOUS SERIOUS DRUG FELONY CONVIC14 TION.—The defendant has previously been convicted

15 of another Federal or State offense involving the

16 manufacture, distribution, importation, or possession

17 of a controlled substance (as defined in section 102

18 of the Controlled Substances Act (21 U.S.C. 802))

19 for which a sentence of five or more years of impris20 onment was authorized by statute.

21 ‘‘(4) USE OF FIREARM.—In committing the of22 fense, or in furtherance of a continuing criminal en23 terprise of which the offense was a part, the defend24 ant used a firearm or knowingly directed, advised,

25 authorized, or assisted another to use a firearm, as
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1 defined in section 921 of this title, to threaten, in2 timidate, assault, or injure a person.

3 ‘‘(5) DISTRIBUTION TO PERSONS UNDER TWEN4 TY-ONE.—The offense, or a continuing criminal en5 terprise of which the offense was a part, involved

6 conduct proscribed by section 418 of the Controlled

7 Substances Act which was committed directly by the

8 defendant or for which the defendant would be liable

9 under section 2 of this title.

10 ‘‘(6) DISTRIBUTION NEAR SCHOOLS.—The of11 fense, or a continuing criminal enterprise of which

12 the offense was a part, involved conduct proscribed

13 by section 419 of the Controlled Substances Act

14 which was committed directly by the defendant or

15 for which the defendant would be liable under sec16 tion 2 of this title.

17 ‘‘(7) USING MINORS IN TRAFFICKING.—The of18 fense or a continuing criminal enterprise of which

19 the offense was a part, involved conduct proscribed

20 by section 420 of the Controlled Substances Act

21 which was committed directly by the defendant or

22 for which the defendant would be liable under sec23 tion 2 of this title.

24 ‘‘(8) LETHAL ADULTERANT.—The offense in25 volved the importation, manufacture, or distribution
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1 of a controlled substance (as defined in section 102

2 of the Controlled Substances Act (21 U.S.C. 802)),

3 mixed with a potentially lethal adulterant, and the

4 defendant was aware of the presence of the

5 adulterant.

6 The jury, or if there is no jury, the court, may consider

7 whether any other aggravating factor exists.

8 ‘‘§ 3593. Special hearing to determine whether a sen9 tence of death is justified

10 ‘‘(a) NOTICE BY THE GOVERNMENT.—Whenever the

11 Government intends to seek the death penalty for an of12 fense described in section 3591, the attorney for the Gov13 ernment, a reasonable time before the trial, or before ac14 ceptance by the court of a plea of guilty, or at such time

15 thereafter as the court may permit upon a showing of good

16 cause, shall sign and file with the court, and serve on the

17 defendant, a notice that the Government in the event of

18 conviction will seek the sentence of death. The notice shall

19 set forth the aggravating factor or factors enumerated in

20 section 3592, and any other aggravating factor not specifi21 cally enumerated in section 3592, that the Government,

22 if the defendant is convicted, will seek to prove as the basis

23 for the death penalty. The factors for which notice is pro24 vided under this subsection may include factors concerning

25 the effect of the offense on the victim and the victim’s
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1 family. The court may permit the attorney for the Govern2 ment to amend the notice upon a showing of good cause.

3 ‘‘(b) HEARING BEFORE A COURT OR JURY.—When

4 the attorney for the Government has filed a notice as re5 quired under subsection (a) and the defendant is found

6 guilty of an offense described in section 3591, the judge

7 who presided at the trial or before whom the guilty plea

8 was entered, or another judge if that judge is unavailable,

9 shall conduct a separate sentencing hearing to determine

10 the punishment to be imposed. Prior to such a hearing,

11 no presentence report shall be prepared by the United

12 States Probation Service, notwithstanding the provisions

13 of the Federal Rules of Criminal Procedure. The hearing

14 shall be conducted—

15 ‘‘(1) before the jury that determined the de16 fendant’s guilt;

17 ‘‘(2) before a jury impaneled for the purpose of

18 the hearing if—

19 ‘‘(A) the defendant was convicted upon a

20 plea of guilty;

21 ‘‘(B) the defendant was convicted after a

22 trial before the court sitting without a jury;

23 ‘‘(C) the jury that determined the defend24 ant’s guilt was discharged for good cause; or
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1 ‘‘(D) after initial imposition of a sentence

2 under this section, reconsideration of the sen3 tence under the section is necessary; or

4 ‘‘(3) before the court alone, upon motion of the

5 defendant and with the approval of the attorney for

6 the Government.

7 A jury impaneled pursuant to paragraph (2) shall consist

8 of twelve members, unless, at any time before the conclu9 sion of the hearing, the parties stipulate, with the approval

10 of the court, that it shall consist of a lesser number.

11 ‘‘(c) PROOF OF MITIGATING AND AGGRAVATING FAC12 TORS.—At the hearing, information may be presented as

13 to—

14 ‘‘(1) any matter relating to any mitigating fac15 tor listed in section 3592 and any other mitigating

16 factor; and

17 ‘‘(2) any matter relating to any aggravating

18 factor listed in section 3592 for which notice has

19 been provided under subsection (a) and (if informa20 tion is presented relating to such a listed factor) any

21 other aggravating factor for which notice has been

22 so provided.

23 The information presented may include the trial transcript

24 and exhibits. Any other information relevant to such miti25 gating or aggravating factors may be presented by either
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1 the Government or the defendant. The information pre2 sented by the Government in support of factors concerning

3 the effect of the offense on the victim and the victim’s

4 family may include oral testimony, a victim impact state5 ment that identifies the victim of the offense and the na6 ture and extent of harm and loss suffered by the victim

7 and the victim’s family, and other relevant information.

8 Information is admissible regardless of its admissibility

9 under the rules governing admission of evidence at crimi10 nal trials, except that information may be excluded if its

11 probative value is outweighed by the danger of creating

12 unfair prejudice, confusing the issues, or misleading the

13 jury. The attorney for the Government and for the defend14 ant shall be permitted to rebut any information received

15 at the hearing, and shall be given fair opportunity to

16 present argument as to the adequacy of the information

17 to establish the existence of any aggravating or mitigating

18 factor, and as to the appropriateness in that case of im19 posing a sentence of death. The attorney for the Govern20 ment shall open the argument. The defendant shall be per21 mitted to reply. The Government shall then be permitted

22 to reply in rebuttal. The burden of establishing the exist23 ence of an aggravating factor is on the Government, and

24 is not satisfied unless the existence of such a factor is es25 tablished beyond a reasonable doubt. The burden of estab-
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1 lishing the existence of any mitigating factor is on the de2 fendant, and is not satisfied unless the existence of such

3 a factor is established by a preponderance of the evidence.

4 ‘‘(d) RETURN OF SPECIAL FINDINGS.—The jury, or

5 if there is no jury, the court, shall consider all the informa6 tion received during the hearing. It shall return special

7 findings identifying any aggravating factor or factors set

8 forth in section 3592 found to exist and any other aggra9 vating factor for which notice has been provided under

10 subsection (a) found to exist. A finding with respect to

11 a mitigating factor may be made by one or more members

12 of the jury, and any member of the jury who finds the

13 existence of a mitigating factor may consider such factor

14 established for purposes of this section regardless of the

15 number of jurors who concur that the factor has been es16 tablished. A finding with respect to any aggravating factor

17 must be unanimous. If no aggravating factor set forth in

18 section 3592 is found to exist, the court shall impose a

19 sentence other than death authorized by law.

20 ‘‘(e) RETURN OF A FINDING CONCERNING A SEN21 TENCE OF DEATH.—If, in the case of—

22 ‘‘(1) an offense described in section 3591(a), an

23 aggravating factor required to be considered under

24 section 3592(b) is found to exist;
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1 ‘‘(2) an offense described in section 3591 (b) or

2 (f), an aggravating factor required to be considered

3 under section 3592(c) is found to exist; or

4 ‘‘(3) an offense described in section 3591(c)-(e),

5 an aggravating factor required to be considered

6 under section 3592(d) is found to exist;

7 the jury, or if there is no jury, the court, shall then con8 sider whether the aggravating factor or factors found to

9 exist under subsection (d) outweigh any mitigating factor

10 or factors. The jury, or if there is no jury, the court shall

11 recommend a sentence of death if it unanimously finds at

12 least one aggravating factor and no mitigating factor or

13 if it finds one or more aggravating factors which outweigh

14 any mitigating factors. In any other case, it shall not rec15 ommend a sentence of death. The jury shall be instructed

16 that it must avoid any influence of sympathy, sentiment,

17 passion, prejudice, or other arbitrary factors in its deci18 sion, and should make such a recommendation as the in19 formation warrants.

20 ‘‘(f) SPECIAL PRECAUTION TO ASSURE AGAINST DIS21 CRIMINATION.—In a hearing held before a jury, the court,

22 before the return of a finding under subsection (e), shall

23 instruct the jury that, in considering whether a sentence

24 of death is justified, it shall not be influenced by prejudice

25 or bias relating to the race, color, religion, national origin,
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1 or sex of the defendant or of any victim and that the jury

2 is not to recommend a sentence of death unless it has con3 cluded that it would recommend a sentence of death for

4 the crime in question no matter what the race, color, reli5 gion, national origin, or sex of the defendant or of any

6 victim may be. The jury, upon return of a finding under

7 subsection (e), shall also return to the court a certificate,

8 signed by each juror, that prejudice or bias relating to the

9 race, color, religion, national origin, or sex of the defend10 ant or any victim was not involved in reaching his or her

11 individual decision and that the individual juror would

12 have made the same recommendation regarding a sentence

13 for the crime in question no matter what the race, color,

14 religion, national origin, or sex of the defendant or any

15 victim may be.

16 ‘‘§ 3594. Imposition of a sentence of death

17 ‘‘Upon the recommendation under section 3593(e)

18 that a sentence of death be imposed, the court shall sen19 tence the defendant to death. Otherwise the court shall

20 impose a sentence, other than death, authorized by law.

21 Notwithstanding any other provision of law, if the maxi22 mum term of imprisonment for the offense is life imprison23 ment, the court may impose a sentence of life imprison24 ment without the possibility of release.
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1 ‘‘§ 3595. Review of a sentence of death

2 ‘‘(a) APPEAL.—In a case in which a sentence of death

3 is imposed, the sentence shall be subject to review by the

4 court of appeals upon appeal by the defendant. Notice of

5 appeal of the sentence must be filed within the time speci6 fied for the filing of a notice of appeal of the judgment

7 of conviction. An appeal of the sentence under this section

8 may be consolidated with an appeal of the judgment of

9 conviction and shall have priority over all other cases.

10 ‘‘(b) REVIEW.—The court of appeals shall review the

11 entire record in the case, including—

12 ‘‘(1) the evidence submitted during the trial;

13 ‘‘(2) the information submitted during the sen14 tencing hearing;

15 ‘‘(3) the procedures employed in the sentencing

16 hearing; and

17 ‘‘(4) the special findings returned under section

18 3593(d).

19 ‘‘(c) DECISION AND DISPOSITION.—

20 ‘‘(1) If the court of appeals determines that—

21 ‘‘(A) the sentence of death was not im22 posed under the influence of passion, prejudice,

23 or any other arbitrary factor;

24 ‘‘(B) the evidence and information support

25 the special findings of the existence of an ag26 gravating factor or factors; and
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1 ‘‘(C) the proceedings did not involve any

2 other prejudicial error requiring reversal of the

3 sentence that was properly preserved for and

4 raised on appeal;

5 it shall affirm the sentence.

6 ‘‘(2) In any other case, the court of appeals

7 shall remand the case for reconsideration under sec8 tion 3593 or for imposition of another authorized

9 sentence as appropriate, except that the court shall

10 not reverse a sentence of death on the ground that

11 an aggravating factor was invalid or was not sup12 ported by the evidence and information if at least

13 one aggravating factor required to be considered

14 under section 3592 remains which was found to

15 exist and the court, on the basis of the evidence sub16 mitted at trial and the information submitted at the

17 sentencing hearing, finds no mitigating factor or

18 finds that the remaining aggravating factor or fac19 tors which were found to exist outweigh any mitigat20 ing factors.

21 ‘‘(3) The court of appeals shall state in writing

22 the reasons for its disposition of an appeal of a sen23 tence of death under this section.
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1 ‘‘§ 3596. Implementation of a sentence of death

2 ‘‘(a) IN GENERAL.—A person who has been sen3 tenced to death pursuant to the provisions of this chapter

4 shall be committed to the custody of the Attorney General

5 until exhaustion of the procedures for appeal of the judg6 ment of conviction and for review of the sentence. When

7 the sentence is to be implemented, the Attorney General

8 shall release the person sentenced to death to the custody

9 of a United States Marshal, who shall supervise implemen10 tation of the sentence in the manner prescribed by the law

11 of the State in which the sentence is imposed. If the law

12 of such State does not provide for implementation of a

13 sentence of death, the court shall designate another State,

14 the law of which does so provide, and the sentence shall

15 be implemented in the manner prescribed by such law.

16 ‘‘(b) SPECIAL BARS TO EXECUTION.—A sentence of

17 death shall not be carried out upon a person who lacks

18 the mental capacity to understand the death penalty and

19 why it was imposed on that person, or upon a woman while

20 she is pregnant.

21 ‘‘(c) EMPLOYEES MAY DECLINE TO PARTICIPATE.—

22 No employee of any State department of corrections, the

23 Federal Bureau of Prisons, or the United States Marshals

24 Service, and no employee providing services to that depart25 ment, bureau, or service under contract shall be required,

26 as a condition of that employment or contractual obliga-
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1 tion, to be in attendance at or to participate in any execu2 tion carried out under this section if such participation

3 is contrary to the moral or religious convictions of the em4 ployee. For purposes of this subsection, the term ‘partici5 pate in any execution’ includes personal preparation of the

6 condemned individual and the apparatus used for the exe7 cution, and supervision of the activities of other personnel

8 in carrying out such activities.

9 ‘‘§ 3597. Use of State facilities

10 ‘‘A United States Marshal charged with supervising

11 the implementation of a sentence of death may use appro12 priate State or local facilities for the purpose, may use

13 the services of an appropriate State or local official or of

14 a person such an official employs for the purpose, and

15 shall pay the costs thereof in an amount approved by the

16 Attorney General.

17 ‘‘§ 3598. Appointment of counsel

18 ‘‘(a) REPRESENTATION OF INDIGENT DEFEND19 ANTS.—Notwithstanding any other provision of law, this

20 section shall govern the appointment of counsel for any

21 defendant against whom a sentence of death is sought,

22 or on whom a sentence of death has been imposed, for

23 an offense against the United States, where the defendant

24 is or becomes financially unable to obtain adequate rep25 resentation. Such a defendant shall be entitled to appoint-
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1 ment of counsel from the commencement of trial proceed2 ings until one of the conditions specified in section

3 3599(b) of this title has occurred.

4 ‘‘(b) REPRESENTATION BEFORE FINALITY OF JUDG5 MENT.—A defendant within the scope of this section shall

6 have counsel appointed for trial representation as provided

7 in section 3005 of this title. At least one counsel so ap8 pointed shall continue to represent the defendant until the

9 conclusion of direct review of the judgment, unless re10 placed by the court with other qualified counsel.

11 ‘‘(c) REPRESENTATION AFTER FINALITY OF JUDG12 MENT.—When a judgment imposing a sentence of death

13 has become final through affirmance by the Supreme

14 Court on direct review, denial of certiorari by the Supreme

15 Court on direct review, or expiration of the time for seek16 ing direct review in the court of appeals or the Supreme

17 Court, the Government shall promptly notify the district

18 court that imposed the sentence. Within ten days of re19 ceipt of such notice, the district court shall proceed to

20 make a determination whether the defendant is eligible

21 under this section for appointment of counsel for subse22 quent proceedings. On the basis of the determination, the

23 court shall issue an order—

24 ‘‘(1) appointing one or more counsel to rep25 resent the defendant upon a finding that the defend-
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1 ant is financially unable to obtain adequate rep2 resentation and wishes to have counsel appointed or

3 is unable competently to decide whether to accept or

4 reject appointment of counsel;

5 ‘‘(2) finding, after a hearing if necessary, that

6 the defendant rejected appointment of counsel and

7 made the decision with an understanding of its legal

8 consequences; or

9 ‘‘(3) denying the appointment of counsel upon

10 a finding that the defendant is financially able to ob11 tain adequate representation.

12 Counsel appointed pursuant to this subsection shall be dif13 ferent from the counsel who represented the defendant at

14 trial and on direct review unless the defendant and counsel

15 request a continuation or renewal of the earlier represen16 tation.

17 ‘‘(d) STANDARDS FOR COMPETENCE OF COUNSEL.—

18 In relation to a defendant who is entitled to appointment

19 of counsel under this section, at least one counsel ap20 pointed for trial representation must have been admitted

21 to the bar for at least five years and have at least three

22 years of experience in the trial of felony cases in the fed23 eral district courts. If new counsel is appointed after judg24 ment, at least one counsel so appointed must have been

25 admitted to the bar for at least five years and have at
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1 least three years of experience in the litigation of felony

2 cases in the Federal courts of appeals or the Supreme

3 Court. The court, for good cause, may appoint counsel

4 who does not meet these standards, but whose back5 ground, knowledge, or experience would otherwise enable

6 him or her to properly represent the defendant, with due

7 consideration of the seriousness of the penalty and the na8 ture of the litigation.

9 ‘‘(e) APPLICABILITY OF CRIMINAL JUSTICE ACT.—

10 Except as otherwise provided in this section, the provisions

11 of section 3006A of this title shall apply to appointments

12 under this section.

13 ‘‘(f) CLAIMS OF INEFFECTIVENESS OF COUNSEL.—

14 The ineffectiveness or incompetence of counsel during pro15 ceedings on a motion under section 2255 of title 28, Unit16 ed States Code, in a capital case shall not be a ground

17 for relief from the judgment or sentence in any proceed18 ing. This limitation shall not preclude the appointment of

19 different counsel at any stage of the proceedings.

20 ‘‘§ 3599. Collateral attack on judgment imposing sen21 tence of death

22 ‘‘(a) TIME FOR MAKING SECTION 2255 MOTION.—

23 In a case in which sentence of death has been imposed,

24 and the judgment has become final as described in section

25 3598(c) of this title, a motion in the case under section
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1 2255 of title 28, United States Code, must be filed within

2 ninety days of the issuance of the order relating to ap3 pointment of counsel under section 3598(c) of this title.

4 The court in which the motion is filed, for good cause

5 shown, may extend the time for filing for a period not

6 exceeding sixty days. A motion described in this section

7 shall have priority over all noncapital matters in the dis8 trict court, and in the court of appeals on review of the

9 district court’s decision.

10 ‘‘(b) STAY OF EXECUTION.—The execution of a sen11 tence of death shall be stayed in the course of direct review

12 of the judgment and during the litigation of an initial mo13 tion in the case under section 2255 of title 28, United

14 States Code. The stay shall run continuously following im15 position of the sentence, and shall expire if—

16 ‘‘(1) the defendant fails to file a motion under

17 section 2255 of title 28, United States Code, within

18 the time specified in subsection (a), or fails to make

19 a timely application for court of appeals review fol20 lowing the denial of such motion by a district court;

21 or

22 ‘‘(2) upon completion of district court and court

23 of appeals review under section 2255 of title 28,

24 United States Code, the motion under that section

25 is denied and (A) the time for filing a petition for
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1 certiorari has expired and no petition has been filed;

2 (B) a timely petition for certiorari was filed and the

3 Supreme Court denied the petition; or (C) a timely

4 petition for certiorari was filed and upon consider5 ation of the case, the Supreme Court disposed of it

6 in a manner that left the capital sentence undis7 turbed; or

8 ‘‘(3) before a district court, in the presence of

9 counsel and after having been advised of the con10 sequences of his decision, the defendant waives the

11 right to file a motion under section 2255 of title 28.

12 ‘‘(c) FINALITY OF THE DECISION ON REVIEW.—If

13 one of the conditions specified in subsection (b) has oc14 curred, no court thereafter shall have the authority to

15 enter a stay of execution or grant relief in the case un16 less—

17 ‘‘(1) the basis for the stay and request for relief

18 is a claim not presented in earlier proceedings;

19 ‘‘(2) the failure to raise the claim was (A) the

20 result of governmental action in violation of the Con21 stitution or laws of the United States; (B) the result

22 of the Supreme Court recognition of a new Federal

23 right that is retroactively applicable; or (C) based on

24 a factual predicate that could not have been discov-
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1 ered through the exercise of reasonable diligence in

2 time to present the claim in earlier proceedings; and

3 ‘‘(3) the facts underlying the claim would be

4 sufficient, if proven, to undermine the court’s con5 fidence in the determination of guilt on the offense

6 or offenses for which the death penalty was imposed.

7 ‘‘§ 3600. Application in Indian country

8 ‘‘Notwithstanding sections 1152 and 1153 of this

9 title, no person subject to the criminal jurisdiction of an

10 Indian tribal government shall be subject to a capital sen11 tence under this chapter for any offense the Federal juris12 diction for which is predicated solely on Indian country

13 as defined in section 1151 of this title and which has oc14 curred within the boundaries of such Indian country, un15 less the governing body of the tribe has made an election

16 that this chapter have effect over land and persons subject

17 to its criminal jurisdiction.’’; and

18 (2) in the table of chapters at the beginning of

19 part II, by adding the following new item after the

20 item relating to chapter 227:

‘‘228. Death penalty procedures ................................................... 3591.’’.

21 SEC. 3. CONFORMING AMENDMENT RELATING TO DE22 STRUCTION OF AIRCRAFT OR AIRCRAFT FA23 CILITIES.

24 Section 34 of title 18, United States Code, is amend25 ed by changing the comma after the words ‘‘imprisonment
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1 for life’’ to a period and deleting the remainder of the sec2 tion.

3 SEC. 4. CONFORMING AMENDMENT RELATING TO ESPIO4 NAGE.

5 Section 794(a) of title 18, United States Code, is

6 amended by changing the period at the end of the section

7 to a comma and by adding immediately thereafter the fol8 lowing: ‘‘except that the sentence of death shall not be

9 imposed unless the jury or, if there is no jury, the court,

10 further finds beyond a reasonable doubt at a hearing

11 under section 3593 of this title that the offense directly

12 concerned nuclear weaponry, military spacecraft and sat13 ellites, early warning systems, or other means of defense

14 or retaliation against large-scale attack; war plans; com15 munications intelligence or cryptographic information;

16 sources or methods of intelligence or counterintelligence

17 operations; or any other major weapons system or major

18 element of defense strategy.’’.

19 SEC. 5. CONFORMING AMENDMENT RELATING TO TRANS20 PORTING EXPLOSIVES.

21 Section 844(d) of title 18, United States Code, is

22 amended by striking ‘‘as provided in section 34 of this

23 title’’.
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1 SEC. 6. CONFORMING AMENDMENT RELATING TO MALI2 CIOUS DESTRUCTION OF FEDERAL PROP3 ERTY BY EXPLOSIVES.

4 Section 844(f) of title 18, United States Code, is

5 amended by striking ‘‘as provided in section 34 of this

6 title’’.

7 SEC. 7. CONFORMING AMENDMENT RELATING TO MALI8 CIOUS DESTRUCTION OF INTERSTATE PROP9 ERTY BY EXPLOSIVES.

10 Section 844(i) of title 18, United States Code, is

11 amended by striking ‘‘as provided in section 34 of this

12 title’’.

13 SEC. 8. CONFORMING AMENDMENT RELATING TO MURDER.

14 The second paragraph of section 1111(b) of title 18,

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

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

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

18 SEC. 9. CONFORMING AMENDMENT RELATING TO KILLING

19 OFFICIAL GUESTS OR INTERNATIONALLY

20 PROTECTED PERSONS.

21 Subsection (a) of section 1116 of title 18, United

22 States Code, is amended by inserting a period after ‘‘title’’

23 and striking the remainder of the subsection.

24 SEC. 10. MURDER BY FEDERAL PRISONER.

25 Chapter 51 of title 18, United States Code, is amend26 ed—
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1 (1) by adding at the end thereof the following:

2 ‘‘§ 1118. Murder by a Federal prisoner

3 ‘‘(a) Whoever, while confined in a Federal prison

4 under a sentence for a term of life imprisonment, murders

5 another shall be punished by death or by life imprisonment

6 without the possibility of release.

7 ‘‘(b) For purposes of this section—

8 ‘‘(1) ‘Federal prison’ means any Federal correc9 tional, detention, or penal facility, Federal commu10 nity treatment center, or Federal halfway house, or

11 any such prison operated under contract with the

12 Federal Government; and

13 ‘‘(2) ‘term of life imprisonment’ means a sen14 tence for the term of natural life, a sentence com15 muted to natural life, an indeterminate term of a

16 minimum of at least fifteen years and a maximum

17 of life, or an unexecuted sentence of death.’’; and

18 (2) in the table of sections at the beginning of

19 the chapter, by adding at the end the following:

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

20 SEC. 11. CONFORMING AMENDMENT RELATING TO KIDNAP21 PING.

22 Section 1201 of title 18, United States Code, is

23 amended by inserting after ‘‘or for life’’ in subsection (a)

24 the following: ‘‘and, if the death of any person results,

25 shall be punished by death or life imprisonment’’.
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1 SEC. 12. CONFORMING AMENDMENT RELATING TO HOS2 TAGE TAKING.

3 Section 1203 of title 18, United States Code, is

4 amended by inserting after ‘‘or for life’’ in subsection (a)

5 the following: ‘‘and, if the death of any person results,

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

7 SEC. 13. CONFORMING AMENDMENT RELATING TO MAIL8 ABILITY OF INJURIOUS ARTICLES.

9 The last paragraph of section 1716 of title 18, United

10 States Code, is amended by changing the comma after

11 ‘‘imprisonment for life’’ to a period and deleting the re12 mainder of the paragraph.

13 SEC. 14. CONFORMING AMENDMENT RELATING TO PRESI14 DENTIAL ASSASSINATION.

15 Subsection (c) of section 1751 of title 18, United

16 States Code, is amended to read as follows:

17 ‘‘(c) Whoever attempts to murder or kidnap any indi18 vidual designated in subsection (a) of this section shall be

19 punished (1) by imprisonment for any term of years or

20 for life, or (2) by death or imprisonment for any term of

21 years or for life if the conduct constitutes an attempt to

22 murder the President of the United States and results in

23 bodily injury to the President or otherwise comes dan24 gerously close to causing the death of the President.’’.
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1 SEC. 15. CONFORMING AMENDMENT RELATING TO MUR2 DER FOR HIRE.

3 Subsection (a) of section 1958 of title 18, United

4 States Code, is amended by deleting ‘‘and if death results,

5 shall be subject to imprisonment for any term of years

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

7 both’’ and inserting ‘‘and if death results, shall be pun8 ished by death or life imprisonment, or shall be fined in

9 accordance with this title, or both’’.

10 SEC. 16. CONFORMING AMENDMENT RELATING TO VIO11 LENT CRIMES IN AID OF RACKETEERING AC12 TIVITY.

13 Paragraph (1) of section 1959(a) of title 18, United

14 States Code, is amended to read as follows:

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

16 or a fine in accordance with this title, or both; and

17 for kidnapping, by imprisonment for any term of

18 years or for life, or a fine in accordance with this

19 title, or both;’’.

20 SEC. 17. CONFORMING AMENDMENT RELATING TO WRECK21 ING TRAINS.

22 The second to the last paragraph of section 1992 of

23 title 18, United States Code, is amended by changing the

24 comma after ‘‘imprisonment for life’’ to a period and delet25 ing the remainder of the section.
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1 SEC. 18. CONFORMING AMENDMENT RELATING TO BANK

2 ROBBERY.

3 Section 2113(e) of title 18, United States Code, is

4 amended by striking ‘‘or punished by death if the verdict

5 of the jury shall so direct’’ and inserting ‘‘or if death re6 sults shall be punished by death or life imprisonment’’.

7 SEC. 19. CONFORMING AMENDMENT RELATING TO TER8 RORIST ACTS.

9 Paragraph (1) of section 2331(a) of title 18, United

10 States Code, is amended to read as follows:

11 ‘‘(1)(A) if the killing is murder as defined in

12 section 1111(a) of this title, be fined under this title,

13 punished by death or imprisonment for any term of

14 years or for life, or both;’’.

15 SEC. 20. CONFORMING AMENDMENT RELATING TO AIR16 CRAFT HIJACKING.

17 Section 903 of the Federal Aviation Act of 1958, as

18 amended (49 U.S.C. App. 1473), is amended by striking

19 subsection (c).

20 SEC. 21. CONFORMING AMENDMENT TO CONTROLLED SUB21 STANCES ACT.

22 Section 408 of the Controlled Substances Act is

23 amended by striking subsections (g)–(r).
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1 SEC. 22. CONFORMING AMENDMENT RELATING TO GENO2 CIDE.

3 Section 1091(b)(1) of title 18, United States Code,

4 is amended by striking ‘‘a fine of not more than

5 $1,000,000 and imprisonment for life;’’ and inserting

6 ‘‘death or imprisonment for life and a fine of not more

7 than $1,000,000;’’.

8 SEC. 23. PROTECTION OF COURT OFFICERS AND JURORS.

9 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 the words ‘‘fined not more than

14 $5,000 or imprisoned not more than five years, or

15 both.’’ and inserting in lieu thereof ‘‘punished as

16 provided in subsection (b).’’;

17 (3) by adding at the end thereof a new sub18 section (b) as follows:

19 ‘‘(b) The punishment for an offense under this sec20 tion is—

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

22 provided in sections 1111 and 1112 of this title;

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

24 case in which the offense was committed against a

25 petit juror and in which a class A or B felony was
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1 charged, imprisonment for not more than twenty

2 years; and

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

4 more than ten years.’’; and

5 ‘‘(4) in subsection (a), as designated by this

6 section, by striking ‘‘commissioner’’ each place it ap7 pears and inserting in lieu thereof ‘‘magistrate

8 judge’’.

9 SEC. 24. PROHIBITION OF RETALIATORY KILLINGS OF WIT10 NESSES, VICTIMS AND INFORMANTS.

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

12 amended—

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

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

15 (2) by inserting a new subsection (a) as follows:

16 ‘‘(a)(1) Whoever kills or attempts to kill another per17 son with intent to retaliate against any person for—

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

19 official proceeding, or any testimony given or any

20 record, document, or other object produced by a wit21 ness in an official proceeding; or

22 ‘‘(B) any information relating to the commis23 sion or possible commission of a Federal offense or

24 a violation of conditions of probation, parole or re-
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1 lease pending judicial proceedings given by a person

2 to a law enforcement officer;

3 shall be punished as provided in paragraph (2).

4 ‘‘(2) The punishment for an offense under this sub5 section is—

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

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

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

9 for not more than twenty years.’’.

10 SEC. 25. DEATH PENALTY FOR MURDER OF FEDERAL LAW

11 ENFORCEMENT OFFICERS.

12 Section 1114(a) of title 18, United States Code, is

13 amended by striking ‘‘be punished as provided under sec14 tions 1111 and 1112 of this title, except that’’ and insert15 ing ‘‘, in the case of murder as defined in section 1111

16 of this title, be punished by death or imprisonment for

17 life, and, in the case of manslaughter as defined in section

18 1112 of this title, be punished as provided in that section,

19 and’’.

20 SEC. 26. DEATH PENALTY FOR MURDER OF STATE OR

21 LOCAL LAW ENFORCEMENT OFFICERS AS22 SISTING FEDERAL LAW ENFORCEMENT OFFI23 CERS.

24 Section 1114 of title 18, United States Code, is

25 amended by inserting ‘‘, or any State or local law enforce-
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1 ment officer while assisting, or on account of his or her

2 assistance of, any Federal officer or employee covered by

3 this section in the performance of duties,’’ before ‘‘shall

4 be punished’’.

5 SEC. 27. IMPLEMENTATION OF THE 1988 PROTOCOL FOR

6 THE SUPPRESSION OF UNLAWFUL ACTS OF

7 VIOLENCE AT AIRPORTS SERVING INTER8 NATIONAL CIVIL AVIATION.

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

10 Code, is amended by adding at the end thereof the follow11 ing new section:

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 injury or

18 death; or

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

20 of an airport serving international civil aviation or a

21 civil aircraft not in service located thereon or dis22 rupts the services of the airport;

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

24 at that airport, or attempts to do such an act, shall be

25 fined under this title or imprisoned not more than twenty
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1 years, or both; and if the death of any person results from

2 conduct prohibited by this subsection, shall be punished

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

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

5 in subsection (a) if (1) the prohibited activity takes place

6 in the United States or (2) the prohibited activity takes

7 place outside of the United States and the offender is later

8 found in the United States.’’.

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

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

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

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

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

13 on the later of—

14 (1) the date of the enactment of this subtitle;

15 or

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

17 Unlawful Acts of Violence at Airports Serving Inter18 national Civil Aviation, Supplementary to the Con19 vention for the Suppression of Unlawful Acts against

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

21 September 1971, has come into force and the United

22 States has become a party to the Protocol.

23 SEC. 28. AMENDMENT TO FEDERAL AVIATION ACT.

24 Section 902(n) of the Federal Aviation Act of 1958

25 (49 U.S.C. App. 1472(n)) is amended by—
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1 (1) striking out paragraph (3); and

2 (2) renumbering paragraph (4) as paragraph

3 (3).

4 SEC. 29. OFFENSES OF VIOLENCE AGAINST MARITIME

5 NAVIGATION OR FIXED PLATFORMS.

6 (a) OFFENSE.—Chapter 111 of title 18, United

7 States Code, is amended by adding at the end the follow8 ing:

9 ‘‘§ 2280. Violence against maritime navigation

10 ‘‘(a) Whoever unlawfully and intentionally—

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

12 force or threat thereof or any other form of intimi13 dation;

14 ‘‘(2) performs an act of violence against a per15 son on board a ship if that act is likely to endanger

16 the safe navigation of that ship;

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

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

19 navigation of that ship;

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

21 any means whatsoever, a device or substance which

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

23 that ship or its cargo which endangers or is likely

24 to endanger the safe navigation of that ship;
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1 ‘‘(5) destroys or seriously damages maritime

2 navigational facilities or seriously interferes with

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

4 safe navigation of a ship;

5 ‘‘(6) communicates information, knowing the

6 information to be false and under circumstances in

7 which such information may reasonably be believed,

8 thereby endangering the safe navigation of a ship;

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

10 with the commission or the attempted commission of

11 any of the offenses set forth in paragraphs (1) to

12 (6); or

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

14 paragraphs (1)–(7);

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

16 twenty years, or both; and if the death of any person re17 sults from conduct prohibited by this subsection, shall be

18 punished by death or imprisoned for any term of years

19 or for life.

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

21 under paragraphs (2), (3) or (5) of subsection (a), with

22 apparent determination and will to carry the threat into

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

24 safe navigation of the ship in question, shall be fined
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1 under this title or imprisoned not more than five years,

2 or both.

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

4 in subsections (a) and (b)—

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

6 ‘‘(A) such activity is committed—

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

8 the flag of the United States at the time

9 the prohibited activity is committed;

10 ‘‘(ii) in the United States; or

11 ‘‘(iii) by a national of the United

12 States or by a stateless person whose ha13 bitual residence is in the United States;

14 ‘‘(B) during the commission of such activ15 ity, a national of the United States is seized,

16 threatened, injured or killed; or

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

18 United States after such activity is committed;

19 ‘‘(2) in the case of a ship navigating or sched20 uled to navigate solely within the territorial sea or

21 internal waters of a country other than the United

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

23 States after such activity is committed; and
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1 ‘‘(3) in the case of any vessel, if such activity

2 is committed in an attempt to compel the United

3 States to do or abstain from doing any act.

4 ‘‘(d) The master of a covered ship flying the flag of

5 the United States who has reasonable grounds to believe

6 that he has on board his ship any person who has commit7 ted an offense under Article 3 of the Convention for the

8 Suppression of Unlawful Acts Against the Safety of Mari9 time Navigation may deliver such person to the authorities

10 of a State Party to that Convention. Before delivering

11 such person to the authorities of another country, the

12 master shall notify in an appropriate manner the Attorney

13 General of the United States of the alleged offense and

14 await instructions from the Attorney General as to what

15 action he should take. When delivering the person to a

16 country which is a State Party to the Convention, the mas17 ter shall, whenever practicable, and if possible before en18 tering the territorial sea of such country, notify the au19 thorities of such country of his intention to deliver such

20 person and the reason therefor. If the master delivers such

21 person, he shall furnish the authorities of such country

22 with the evidence in the master’s possession that pertains

23 to the alleged offense.

24 ‘‘(e) As used in this section, the term—
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1 ‘‘(1) ‘ship’ means a vessel of any type whatso2 ever not permanently attached to the sea-bed, in3 cluding dynamically supported craft, submersibles or

4 any other floating craft: Provided, That the term

5 does not include a warship, a ship owned or operated

6 by a government when being used as a naval auxil7 iary or for customs or police purposes, or a ship

8 which has been withdrawn from navigation or laid

9 up;

10 ‘‘(2) ‘covered ship’ means a ship that is navi11 gating or is scheduled to navigate into, through or

12 from waters beyond the outer limit of the territorial

13 sea of a single country or a lateral limit of that

14 country’s territorial sea with an adjacent country;

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

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

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

18 1101(a)(22));

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

20 all waters extending seaward to 12 nautical miles

21 from the baselines of the United States determined

22 in accordance with international law; and

23 ‘‘(5) ‘United States’, when used in a geographi24 cal sense, includes the Commonwealth of Puerto

25 Rico, the Commonwealth of the Northern Marianas
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1 Islands and all territories and possessions of the

2 United States.

3 ‘‘§ 2281. Violence against maritime fixed platforms

4 ‘‘(a) Whoever unlawfully and intentionally—

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

6 platform by force or threat thereof or any other

7 form of intimidation;

8 ‘‘(2) performs an act of violence against a per9 son on board a fixed platform if that act is likely to

10 endanger its safety;

11 ‘‘(3) destroys a fixed platform or causes dam12 age to it which is likely to endanger its safety;

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

14 platform, by any means whatsoever, a device or sub15 stance which is likely to destroy that fixed platform

16 or likely to endanger its safety;

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

18 with the commission or the attempted commission of

19 any of the offenses set forth in paragraphs (1) to

20 (4); or

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

22 paragraphs (1)–(5);

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

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

25 from conduct prohibited by this subsection, shall be pun-
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1 ished by death or imprisoned for any term of years or for

2 life.

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

4 under paragraphs (2) or (3) of subsection (a), with appar5 ent determination and will to carry the threat into execu6 tion, if the threatened act is likely to endanger the safety

7 of the fixed platform, shall be fined under this title or im8 prisoned not more than five years, or both.

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

10 in subsections (a) and (b) if—

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

12 board a fixed platform—

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

14 shelf of the United States;

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

16 shelf of another country, by a national of the

17 United States or by a stateless person whose

18 habitual residence is in the United States; or

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

20 States to do or abstain from doing any act;

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

22 against or on board a fixed platform located on a

23 continental shelf, a national of the United States is

24 seized, threatened, injured or killed; or
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1 ‘‘(3) such activity is committed against or on

2 board a fixed platform located outside the United

3 States and beyond the continental shelf of the Unit4 ed States and the offender is later found in the

5 United States.

6 ‘‘(d) As used in this section, the term—

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

8 subsoil of the submarine areas that extend beyond a

9 country’s territorial sea to the limits provided by

10 customary international law as reflected in Article

11 76 of the 1982 Convention on the Law of the Sea;

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

13 installation or structure permanently attached to the

14 sea-bed for the purpose of exploration or exploitation

15 of resources or for other economic purposes;

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

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

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

19 1101(a)(22));

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

21 all waters extending seaward to 12 nautical miles

22 from the baselines of the United States determined

23 in accordance with international law; and

24 ‘‘(5) ‘United States’, when used in a geographi25 cal sense, includes the Commonwealth of Puerto
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1 Rico, the Commonwealth of the Northern Marianas

2 Islands and all territories and possessions of the

3 United States.’’.

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

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

6 Code, is amended by adding at the end thereof the follow7 ing:

‘‘2280. Violence against maritime navigation.

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

8 (c) EFFECTIVE DATES.—This section shall take ef9 fect on the later of—

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

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

12 United States Code, the date the Convention for the

13 Suppression of Unlawful Acts Against the Safety of

14 Maritime Navigation has come into force and the

15 United States has become a party to that Conven16 tion; and

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

18 United States Code, the date the Protocol for the

19 Suppression of Unlawful Acts Against the Safety of

20 Fixed Platforms Located on the Continental Shelf

21 has come into force and the United States has be22 come a party to that Protocol.
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1 SEC. 30. TORTURE.

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

3 Code, is amended by inserting after chapter 113A the fol4 lowing new chapter:

5 ‘‘CHAPTER 113B—TORTURE

‘‘Sec.

2340. Definitions.

2340A. Torture.

2340B. Exclusive remedies.

6 ‘‘§ 2340. Definitions

7 ‘‘As used in this chapter—

8 ‘‘(1) ‘torture’ means an act committed by a per9 son acting under the color of law specifically in10 tended to inflict severe physical or mental pain or

11 suffering (other than pain or suffering incidental to

12 lawful sanctions) upon another person within his

13 custody or physical control.

14 ‘‘(2) ‘severe mental pain or suffering’ means

15 the prolonged mental harm caused by or resulting

16 from: (a) the intentional infliction or threatened in17 fliction of severe physical pain or suffering; (b) the

18 administration or application, or threatened adminis19 tration or application, of mind altering substances or

20 other procedures calculated to disrupt profoundly

21 the senses or the personality; (c) the threat of immi22 nent death; or (d) the threat that another person

23 will imminently be subjected to death, severe phys-
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1 ical pain or suffering, or the administration or appli2 cation of mind altering substances or other proce3 dures calculated to disrupt profoundly the senses or

4 personality.

5 ‘‘(3) ‘United States’ includes all areas under

6 the jurisdiction of the United States including any

7 of the places within the provisions of sections 5 and

8 7 of this title and section 101(38) of the Federal

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

10 1301(38)).

11 ‘‘§ 2340A. Torture

12 ‘‘(a) Whoever outside the United States commits or

13 attempts to commit torture shall be fined under this title

14 or imprisoned not more than twenty years, or both; and

15 if death results to any person from conduct prohibited by

16 this subsection, shall be punished by death or imprisoned

17 for any term of years or for life.

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

19 in subsection (a) if: (1) the alleged offender is a national

20 of the United States; or (2) the alleged offender is present

21 in the United States, irrespective of the nationality of the

22 victim or the alleged offender.

23 ‘‘§ 2340B. Exclusive remedies

24 ‘‘Nothing in this chapter shall be construed as pre25 cluding the application of State or local laws on the same
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1 subject, nor shall anything in this chapter be construed

2 as creating any substantive or procedural right enforceable

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

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

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

6 inserting after the item for chapter 113A the following

7 new item:

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

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

9 on the later of—

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

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

12 party to the Convention Against Torture and Other

13 Cruel, Inhuman or Degrading Treatment or Punish14 ment.

15 SEC. 31. WEAPONS OF MASS DESTRUCTION.

16 (a) FINDINGS.—The Congress finds that the use and

17 threatened use of weapons of mass destruction, as defined

18 in the statute enacted by subsection (b) of this section,

19 gravely harm the national security and foreign relations

20 interests of the United States, seriously affect interstate

21 and foreign commerce, and disturb the domestic tran22 quility of the United States.

23 (b) OFFENSE.—Chapter 113A of title 18, United

24 States Code, is amended by adding the following new sec25 tion:
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1 ‘‘§ 2332. 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 (c) CLERICAL AMENDMENT.—The table of sections

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

6 Code, is amended by adding the following:

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

7 SEC. 32. HOMICIDES AND ATTEMPTED HOMICIDES INVOLV8 ING FIREARMS IN FEDERAL FACILITIES.

9 Section 930 of title 18, United States Code, is

10 amended by—

11 (1) redesignating subsections (c), (d), (e), and

12 (f) as subsections (d), (e), (f), and (g) respectively;

13 (2) in subsection (a), deleting ‘‘(c)’’ and insert14 ing in lieu thereof ‘‘(d)’’; and

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

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

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

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

19 use of a firearm or other dangerous weapon, shall—

20 ‘‘(1) in the case of a killing constituting murder

21 as defined in section 1111(a) of this title, be pun22 ished by death or imprisoned for any term of years

23 or for life; and

24 ‘‘(2) in the case of any other killing or an at25 tempted killing, be subject to the penalties provided
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1 for engaging in such conduct within the special mar2 itime and territorial jurisdiction of the United States

3 under sections 1112 and 1113 of this title.’’.

4 SEC. 33. DEATH PENALTY FOR CIVIL RIGHTS MURDERS.

5 (a) CONSPIRACY AGAINST RIGHTS.—Section 241 of

6 title 18, United States Code, is amended by striking ‘‘shall

7 be subject to imprisonment for any term of years or for

8 life’’ and inserting in lieu thereof ‘‘shall be punished by

9 death or imprisonment for any term of years or for life’’.

10 (b) DEPRIVATION OF RIGHTS UNDER COLOR OF

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

12 amended by striking ‘‘shall be subject to imprisonment for

13 any term of years or for life’’ and inserting in lieu thereof

14 ‘‘shall be punished by death or imprisonment for any term

15 of years or for life’’.

16 (c) FEDERALLY PROTECTED ACTIVITIES.—Section

17 245(b) of title 18, United States Code, is amended by

18 striking ‘‘shall be subject to imprisonment for any term

19 of years or for life’’ and inserting in lieu thereof ‘‘shall

20 be punished by death or imprisonment for any term of

21 years or for life’’.

22 (d) DAMAGE TO RELIGIOUS PROPERTY; OBSTRUC23 TION OF THE FREE EXERCISE OF RELIGIOUS RIGHTS.—

24 Section 247(c)(1) of title 18, United States Code, is
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1 amended by inserting ‘‘the death penalty or’’ before ‘‘im2 prisonment’’.

3 SEC. 34. DEATH PENALTY FOR MURDER OF FEDERAL WIT4 NESSES.

5 Section 1512(a)(2)(A) of title 18, United States

6 Code, is amended to read as follows:

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

8 1111 of this title, the death penalty or imprisonment

9 for life, and in the case of any other killing, the pun10 ishment provided in section 1112 of this title;’’.

11 SEC. 35. DRIVE-BY SHOOTINGS.

12 (a) OFFENSE.—Chapter 44 of title 18, United States

13 Code, is amended by adding the following new section:

14 ‘‘§ 931. Drive-by shootings

15 ‘‘(a) Whoever knowingly discharges a firearm at a

16 person—

17 ‘‘(1) in the course of or in furtherance of drug

18 trafficking activity; or

19 ‘‘(2) from a motor vehicle;

20 shall be punished by imprisonment for up to 25 years, and

21 if death results shall be punished by death or by imprison22 ment for any term of years or for life.

23 ‘‘(b) For purposes of this section, ‘‘drug trafficking

24 activity’’ means a drug trafficking crime as defined in sec-
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1 tion 929(a)(2) of this title, or a pattern or series of acts

2 involving one or more drug trafficking crimes.’’.

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

4 at the beginning of chapter 45 of title 18, United States

5 Code, is amended by adding the following:

‘‘931. Drive-by shootings.’’.

6 SEC. 36. DEATH PENALTY FOR GUN MURDERS DURING FED7 ERAL CRIMES OF VIOLENCE AND DRUG

8 TRAFFICKING CRIMES.

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

10 amended by adding at the end thereof the following new

11 subsection:

12 ‘‘(i) Whoever, in the course of a violation of sub13 section (c) of this section, causes the death of a person

14 through the use of a firearm, shall—

15 ‘‘(1) if the killing is a murder as defined in sec16 tion 1111 of this title, be punished by death or by

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

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

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

20 that section.’’.

21 SEC. 37. DEATH PENALTY FOR RAPE AND CHILD MOLESTA22 TION MURDERS.

23 (a) OFFENSE.—Chapter 109A of title 18, United

24 States Code, is amended by redesignating section 2245 as

25 section 2246, and by adding the following new section:
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1 ‘‘§ 2245. Sexual abuse resulting in death

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

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

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

5 any term of years or for life.’’.

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

7 at the beginning of chapter 109A of title 18, United States

8 Code, is amended by striking the item for section 2245

9 and adding the following:

‘‘2245. Sexual abuse resulting in death.

‘‘2246. Definitions for chapter.’’.

10 SEC. 38. PROTECTION OF JURORS AND WITNESSES IN CAP11 ITAL CASES.

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

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

14 except that such list of the veniremen and witnesses need

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

16 the evidence that providing the list may jeopardize the life

17 or safety of any person’’.

18 SEC. 39. INAPPLICABILITY TO UNIFORM CODE OF MILI19 TARY JUSTICE.

20 The provisions of chapter 228 of title 18, United

21 States Code, as added by this Act, shall not apply to pros22 ecutions under the Uniform Code of Military Justice (10

23 U.S.C. 801 et seq.).
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