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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1220 Introduced in House (IH)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Death Penalty Act of 1993''.

SEC. 2. DEATH PENALTY PROCEDURES.

    Title 18 of the United States Code is amended--
            (1) by adding the following new chapter after chapter 227:

                ``CHAPTER 228--DEATH PENALTY PROCEDURES

``Sec.
``3591. Sentence of death.
``3592. Factors to be considered in determining whether a sentence of 
                            death is justified.
``3593. Special hearing to determine whether a sentence of death is 
                            justified.
``3594. Imposition of a sentence of death.
``3595. Review of a sentence of death.
``3596. Implementation of a sentence of death.
``3597. Use of State facilities.
``3598. Appointment of counsel.
``3599. Collateral attack on judgment imposing sentence of death.
``3600. Application in Indian country.
``Sec. 3591. Sentence of death
    ``A defendant who has been found guilty of--
            ``(1) an offense described in section 794 or section 2381 
        of this title;
            ``(2) an offense described in section 1751(c) of this title 
        if the offense, as determined beyond a reasonable doubt at a 
        hearing under section 3593, constitutes an attempt to murder 
        the President of the United States and results in bodily injury 
        to the President or comes dangerously close to causing the 
        death of the President;
            ``(3) an offense referred to in section 408(c)(1) of the 
        Controlled Substances Act (21 U.S.C. 848(c)(1)), committed as 
        part of a continuing criminal enterprise offense under the 
        conditions described in subsection (b) of that section which 
        involved not less than twice the quantity of controlled 
        substance described in subsection (b)(2)(A) or twice the gross 
        receipts described in subsection (b)(2)(B);
            ``(4) an offense referred to in section 408(c)(1) of the 
        Controlled Substances Act (21 U.S.C. 848(c)(1)), committed as 
        part of a continuing criminal enterprise offense under that 
        section, where the defendant is a principal administrator, 
        organizer, or leader of such an enterprise, and the defendant, 
        in order to obstruct the investigation or prosecution of the 
        enterprise or an offense involved in the enterprise, attempts 
        to kill or knowingly directs, advises, authorizes, or assists 
        another to attempt to kill any public officer, juror, witness, 
        or members of the family or household of such a person;
            ``(5) an offense constituting a felony violation of the 
        Controlled Substances Act (21 U.S.C. 801 et seq.) or the 
        Controlled Substances Import and Export Act (21 U.S.C. 951 et 
        seq.), or the Maritime Drug Law Enforcement Act (46 U.S.C. App. 
        1901 et seq.), where the defendant, intending to cause death or 
        acting with reckless disregard for human life, engages in such 
        a violation, and the death of another person results in the 
        course of the violation or from the use of the controlled 
        substance involved in the violation; or
            ``(6) any other offense for which a sentence of death is 
        provided, if the defendant, as determined beyond a reasonable 
        doubt at a hearing under section 3593, caused the death of a 
        person intentionally, knowingly, or through recklessness 
        manifesting extreme indifference to human life, or caused the 
        death of a person through the intentional infliction of serious 
        bodily injury;
shall be sentenced to death if, after consideration of the factors set 
forth in section 3592 in the course of a hearing held pursuant to 
section 3593, it is determined that imposition of a sentence of death 
is justified: Provided, That no person may be sentenced to death who 
was less than eighteen years of age at the time of the offense or who 
is mentally retarded.
``Sec. 3592. Factors to be considered in determining whether a sentence 
              of death is justified
    ``(a) Mitigating Factors.--In determining whether a sentence of 
death is justified for any offense, the jury, or if there is no jury, 
the court, shall consider each of the following mitigating factors and 
determine which, if any, exist:
            ``(1) Mental capacity.--The defendant's mental capacity to 
        appreciate the wrongfulness of his conduct or to conform his 
        conduct to the requirements of law was significantly impaired, 
        regardless of whether the capacity was so impaired as to 
        constitute a defense to the charge.
            ``(2) Duress.--The defendant was under unusual and 
        substantial duress, regardless of whether the duress was of 
        such a degree as to constitute a defense to the charge.
            ``(3) Participation in offense minor.--The defendant's 
        participation in the offense, which was committed by another, 
        was relatively minor, regardless of whether the participation 
        was so minor as to constitute a defense to the charge.
            ``(4) No significant criminal history.--The defendant did 
        not have a significant history of other criminal conduct.
            ``(5) Disturbance.--The defendant committed the offense 
        under severe mental or emotional disturbance.
            ``(6) Victim's consent.--The victim consented to the 
        criminal conduct that resulted in the victim's death.
The jury, or if there is no jury, the court, shall consider whether any 
other aspect of the defendant's background, character or record or any 
other circumstance of the offense that the defendant may proffer as a 
mitigating factor exists.
    ``(b) Aggravating Factors for Espionage and Treason.--In 
determining whether a sentence of death is justified for an offense 
described in section 3591(a), the jury, or if there is no jury, the 
court, shall consider each of the following aggravating factors and 
determine which, if any, exist:
            ``(1) Previous espionage or treason conviction.--The 
        defendant has previously been convicted of another offense 
        involving espionage or treason for which a sentence of life 
        imprisonment or death was authorized by statute.
            ``(2) Risk of substantial danger to national security.--In 
        the commission of the offense the defendant knowingly created a 
        grave risk to the national security.
            ``(3) Risk of death to another.--In the commission of the 
        offense the defendant knowingly created a grave risk of death 
        to another person.
The jury, or if there is no jury, the court, may consider whether any 
other aggravating factor exists.
    ``(c) Aggravating Factors for Homicide and for Attempted Murder of 
the President.--In determining whether a sentence of death is justified 
for an offense described in section 3591 (b) or (f), the jury, or if 
there is no jury, the court, shall consider each of the following 
aggravating factors and determine which, if any, exist:
            ``(1) Conduct occurred during commission of specified 
        crimes.--The conduct resulting in death occurred during the 
        commission or attempted commission of, or during the immediate 
        flight from the commission of, an offense under section 32 
        (destruction of aircraft or aircraft facilities), section 33 
        (destruction of motor vehicles or motor vehicle facilities), 
        section 36 (violence at international airports), section 351 
        (violence against Members of Congress, Cabinet officers, or 
        Supreme Court Justices), section 751 (prisoners in custody of 
        institution or officer), section 794 (gathering or delivering 
        defense information to aid foreign government), section 844(d) 
        (transportation of explosives in interstate commerce for 
        certain purposes), section 844(f) (destruction of Government 
        property by explosives), section 844(i) (destruction of 
        property affecting interstate commerce by explosives), section 
        1116 (killing or attempted killing of diplomats), section 1118 
        (prisoners serving life term), section 1201 (kidnapping), 
        section 1203 (hostage taking), section 1751 (violence against 
        the President or Presidential staff), section 1992 (wrecking 
        trains), section 2280 (maritime violence), section 2281 
        (maritime platform violence), section 2331 (terrorist acts 
        abroad against United States nationals), section 2332 (use of 
        weapons of mass destruction), or section 2381 (treason) of this 
        title, section 1826 of title 28 (persons in custody as 
        recalcitrant witnesses or hospitalized following insanity 
        acquittal), or section 902 (i) or (n) of the Federal Aviation 
        Act of 1958, as amended (49 U.S.C. App. 1472 (i) or (n) 
        (aircraft piracy)).
            ``(2) Involvement of firearm or previous conviction of 
        violent felony involving firearm.--The defendant--
                    ``(A) during and in relation to the commission of 
                the offense or in escaping or attempting to escape 
                apprehension used or possessed a firearm as defined in 
                section 921 of this title; or
                    ``(B) has previously been convicted of a Federal or 
                State offense punishable by a term of imprisonment of 
                more than one year, involving the use of attempted or 
                threatened use of a firearm, as defined in section 921 
                of this title, against another person.
            ``(3) Previous conviction of offense for which a sentence 
        of death or life imprisonment was authorized.--The defendant 
        has previously been convicted of another Federal or State 
        offense resulting in the death of a person, for which a 
        sentence of life imprisonment or death was authorized by 
        statute.
            ``(4) Previous conviction of other serious offenses.--The 
        defendant has previously been convicted of two or more Federal 
        or State offenses, each punishable by a term of imprisonment of 
        more than one year, committed on different occasions, involving 
        the importation, manufacture, or distribution of a controlled 
        substance (as defined in section 102 of the Controlled 
        Substances Act (21 U.S.C. 802)) or the infliction of, or 
        attempted infliction of, serious bodily injury or death upon 
        another person.
            ``(5) Grave risk of death to additional persons.--The 
        defendant, in the commission of the offense or in escaping or 
        attempting to escape apprehension, knowingly created a grave 
        risk of death to one or more persons in addition to the victim 
        of the offense.
            ``(6) Heinous, cruel, or depraved manner of commission.--
        The defendant committed the offense in an especially heinous, 
        cruel, or depraved manner in that it involved torture or 
        serious physical abuse to the victim.
            ``(7) Procurement of offense by payment.--The defendant 
        procured the commission of the offense by payment, or promise 
        of payment, of anything of pecuniary value.
            ``(8) Commission of the offense for pecuniary gain.--The 
        defendant committed the offense as consideration for the 
        receipt, or in the expectation of the receipt, of anything of 
        pecuniary value.
            ``(9) Substantial planning and premeditation.--The 
        defendant committed the offense after substantial planning and 
        premeditation.
            ``(10) Vulnerability of victim.--The victim was 
        particularly vulnerable due to old age, youth, or infirmity.
            ``(11) Type of victim.--The defendant committed the offense 
        against--
                    ``(A) the President of the United States, the 
                President-elect, the Vice President, the Vice 
                President-elect, the Vice President-designate, or, if 
                there was no Vice President, the officer next in order 
                of succession to the office of the President of the 
                United States, or any person acting as President under 
                the Constitution and laws of the United States;
                    ``(B) a chief of state, head of government, or the 
                political equivalent, of a foreign nation;
                    ``(C) a foreign official listed in section 
                1116(b)(3)(A) of this title, if that official was in 
                the United States on official business; or
                    ``(D) a Federal public servant who was outside of 
                the United States or who was a Federal judge, a Federal 
                law enforcement officer, an employee (including a 
                volunteer or contract employee) of a Federal prison, or 
                an official of the Federal Bureau of Prisons--
                            ``(i) while such public servant was engaged 
                        in the performance of his official duties;
                            ``(ii) because of the performance of such 
                        public servant's official duties; or
                            ``(iii) because of such public servant's 
                        status as a public servant.
        For purposes of this paragraph, the terms `President-elect' and 
        `Vice President-elect' mean such persons as are the apparent 
        successful candidates for the offices of President and Vice 
        President, respectively, as ascertained from the results of the 
        general elections held to determine the electors of President 
        and Vice President in accordance with title 3, United States 
        Code, sections 1 and 2; a `Federal law enforcement officer' is 
        a public servant authorized by law or by a Government agency or 
        Congress to conduct or engage in the prevention, investigation, 
        or prosecution of an offense; `Federal prison' means a Federal 
        correctional, detention, or penal facility, Federal community 
        treatment center, or Federal halfway house, or any such prison 
        operated under contract with the Federal Government; and 
        `Federal judge' means any judicial officer of the United 
        States, and includes a justice of the Supreme Court and a 
        United States magistrate judge.
The jury, or if there is no jury, the court, may consider whether any 
other aggravating factor exists.
    ``(d) Aggravating Factors for Drug Offense Death Penalty.--In 
determining whether a sentence of death is justified for an offense 
described in section 3591(c)-(e), the jury, or if there is no jury, the 
court, shall consider each of the following aggravating factors and 
determine which, if any, exist--
            ``(1) Previous conviction of offense for which a sentence 
        of death or life imprisonment was authorized.--The defendant 
        has previously been convicted of another Federal or State 
        offense resulting in the death of a person, for which a 
        sentence of life imprisonment or death was authorized by 
        statute.
            ``(2) Previous conviction of other serious offenses.--The 
        defendant has previously been convicted of two or more Federal 
        or State offenses, each punishable by a term of imprisonment of 
        more than one year, committed on different occasions, involving 
        the importation, manufacture, or distribution of a controlled 
        substance (as defined in section 102 of the Controlled 
        Substances Act (21 U.S.C. 802)) or the infliction of, or 
        attempted infliction of, serious bodily injury or death upon 
        another person.
            ``(3) Previous serious drug felony conviction.--The 
        defendant has previously been convicted of another Federal or 
        State offense involving the manufacture, distribution, 
        importation, or possession of a controlled substance (as 
        defined in section 102 of the Controlled Substances Act (21 
        U.S.C. 802)) for which a sentence of five or more years of 
        imprisonment was authorized by statute.
            ``(4) Use of firearm.--In committing the offense, or in 
        furtherance of a continuing criminal enterprise of which the 
        offense was a part, the defendant used a firearm or knowingly 
        directed, advised, authorized, or assisted another to use a 
        firearm, as defined in section 921 of this title, to threaten, 
        intimidate, assault, or injure a person.
            ``(5) Distribution to persons under twenty-one.--The 
        offense, or a continuing criminal enterprise of which the 
        offense was a part, involved conduct proscribed by section 418 
        of the Controlled Substances Act which was committed directly 
        by the defendant or for which the defendant would be liable 
        under section 2 of this title.
            ``(6) Distribution near schools.--The offense, or a 
        continuing criminal enterprise of which the offense was a part, 
        involved conduct proscribed by section 419 of the Controlled 
        Substances Act which was committed directly by the defendant or 
        for which the defendant would be liable under section 2 of this 
        title.
            ``(7) Using minors in trafficking.--The offense or a 
        continuing criminal enterprise of which the offense was a part, 
        involved conduct proscribed by section 420 of the Controlled 
        Substances Act which was committed directly by the defendant or 
        for which the defendant would be liable under section 2 of this 
        title.
            ``(8) Lethal adulterant.--The offense involved the 
        importation, manufacture, or distribution of a controlled 
        substance (as defined in section 102 of the Controlled 
        Substances Act (21 U.S.C. 802)), mixed with a potentially 
        lethal adulterant, and the defendant was aware of the presence 
        of the adulterant.
The jury, or if there is no jury, the court, may consider whether any 
other aggravating factor exists.
``Sec. 3593. Special hearing to determine whether a sentence of death 
              is justified
    ``(a) Notice by the Government.--Whenever the Government intends to 
seek the death penalty for an offense described in section 3591, the 
attorney for the Government, a reasonable time before the trial, or 
before acceptance by the court of a plea of guilty, or at such time 
thereafter as the court may permit upon a showing of good cause, shall 
sign and file with the court, and serve on the defendant, a notice that 
the Government in the event of conviction will seek the sentence of 
death. The notice shall set forth the aggravating factor or factors 
enumerated in section 3592, and any other aggravating factor not 
specifically enumerated in section 3592, that the Government, if the 
defendant is convicted, will seek to prove as the basis for the death 
penalty. The factors for which notice is provided under this subsection 
may include factors concerning the effect of the offense on the victim 
and the victim's family. The court may permit the attorney for the 
Government to amend the notice upon a showing of good cause.
    ``(b) Hearing Before a Court or Jury.--When the attorney for the 
Government has filed a notice as required under subsection (a) and the 
defendant is found guilty of an offense described in section 3591, the 
judge who presided at the trial or before whom the guilty plea was 
entered, or another judge if that judge is unavailable, shall conduct a 
separate sentencing hearing to determine the punishment to be imposed. 
Prior to such a hearing, no presentence report shall be prepared by the 
United States Probation Service, notwithstanding the provisions of the 
Federal Rules of Criminal Procedure. The hearing shall be conducted--
            ``(1) before the jury that determined the defendant's 
        guilt;
            ``(2) before a jury impaneled for the purpose of the 
        hearing if--
                    ``(A) the defendant was convicted upon a plea of 
                guilty;
                    ``(B) the defendant was convicted after a trial 
                before the court sitting without a jury;
                    ``(C) the jury that determined the defendant's 
                guilt was discharged for good cause; or
                    ``(D) after initial imposition of a sentence under 
                this section, reconsideration of the sentence under the 
                section is necessary; or
            ``(3) before the court alone, upon motion of the defendant 
        and with the approval of the attorney for the Government.
A jury impaneled pursuant to paragraph (2) shall consist of twelve 
members, unless, at any time before the conclusion of the hearing, the 
parties stipulate, with the approval of the court, that it shall 
consist of a lesser number.
    ``(c) Proof of Mitigating and Aggravating Factors.--At the hearing, 
information may be presented as to--
            ``(1) any matter relating to any mitigating factor listed 
        in section 3592 and any other mitigating factor; and
            ``(2) any matter relating to any aggravating factor listed 
        in section 3592 for which notice has been provided under 
        subsection (a) and (if information is presented relating to 
        such a listed factor) any other aggravating factor for which 
        notice has been so provided.
The information presented may include the trial transcript and 
exhibits. Any other information relevant to such mitigating or 
aggravating factors may be presented by either the Government or the 
defendant. The information presented by the Government in support of 
factors concerning the effect of the offense on the victim and the 
victim's family may include oral testimony, a victim impact statement 
that identifies the victim of the offense and the nature and extent of 
harm and loss suffered by the victim and the victim's family, and other 
relevant information. Information is admissible regardless of its 
admissibility under the rules governing admission of evidence at 
criminal trials, except that information may be excluded if its 
probative value is outweighed by the danger of creating unfair 
prejudice, confusing the issues, or misleading the jury. The attorney 
for the Government and for the defendant shall be permitted to rebut 
any information received at the hearing, and shall be given fair 
opportunity to present argument as to the adequacy of the information 
to establish the existence of any aggravating or mitigating factor, and 
as to the appropriateness in that case of imposing a sentence of death. 
The attorney for the Government shall open the argument. The defendant 
shall be permitted to reply. The Government shall then be permitted to 
reply in rebuttal. The burden of establishing the existence of an 
aggravating factor is on the Government, and is not satisfied unless 
the existence of such a factor is established beyond a reasonable 
doubt. The burden of establishing the existence of any mitigating 
factor is on the defendant, and is not satisfied unless the existence 
of such a factor is established by a preponderance of the evidence.
    ``(d) Return of Special Findings.--The jury, or if there is no 
jury, the court, shall consider all the information received during the 
hearing. It shall return special findings identifying any aggravating 
factor or factors set forth in section 3592 found to exist and any 
other aggravating factor for which notice has been provided under 
subsection (a) found to exist. A finding with respect to a mitigating 
factor may be made by one or more members of the jury, and any member 
of the jury who finds the existence of a mitigating factor may consider 
such factor established for purposes of this section regardless of the 
number of jurors who concur that the factor has been established. A 
finding with respect to any aggravating factor must be unanimous. If no 
aggravating factor set forth in section 3592 is found to exist, the 
court shall impose a sentence other than death authorized by law.
    ``(e) Return of a Finding Concerning a Sentence of Death.--If, in 
the case of--
            ``(1) an offense described in section 3591(a), an 
        aggravating factor required to be considered under section 
        3592(b) is found to exist;
            ``(2) an offense described in section 3591 (b) or (f), an 
        aggravating factor required to be considered under section 
        3592(c) is found to exist; or
            ``(3) an offense described in section 3591(c)-(e), an 
        aggravating factor required to be considered under section 
        3592(d) is found to exist;
the jury, or if there is no jury, the court, shall then consider 
whether the aggravating factor or factors found to exist under 
subsection (d) outweigh any mitigating factor or factors. The jury, or 
if there is no jury, the court shall recommend a sentence of death if 
it unanimously finds at least one aggravating factor and no mitigating 
factor or if it finds one or more aggravating factors which outweigh 
any mitigating factors. In any other case, it shall not recommend a 
sentence of death. The jury shall be instructed that it must avoid any 
influence of sympathy, sentiment, passion, prejudice, or other 
arbitrary factors in its decision, and should make such a 
recommendation as the information warrants.
    ``(f) Special Precaution to Assure Against Discrimination.--In a 
hearing held before a jury, the court, before the return of a finding 
under subsection (e), shall instruct the jury that, in considering 
whether a sentence of death is justified, it shall not be influenced by 
prejudice or bias relating to the race, color, religion, national 
origin, or sex of the defendant or of any victim and that the jury is 
not to recommend a sentence of death unless it has concluded that it 
would recommend a sentence of death for the crime in question no matter 
what the race, color, religion, national origin, or sex of the 
defendant or of any victim may be. The jury, upon return of a finding 
under subsection (e), shall also return to the court a certificate, 
signed by each juror, that prejudice or bias relating to the race, 
color, religion, national origin, or sex of the defendant or any victim 
was not involved in reaching his or her individual decision and that 
the individual juror would have made the same recommendation regarding 
a sentence for the crime in question no matter what the race, color, 
religion, national origin, or sex of the defendant or any victim may 
be.
``Sec. 3594. Imposition of a sentence of death
    ``Upon the recommendation under section 3593(e) that a sentence of 
death be imposed, the court shall sentence the defendant to death. 
Otherwise the court shall impose a sentence, other than death, 
authorized by law. Notwithstanding any other provision of law, if the 
maximum term of imprisonment for the offense is life imprisonment, the 
court may impose a sentence of life imprisonment without the 
possibility of release.
``Sec. 3595. Review of a sentence of death
    ``(a) Appeal.--In a case in which a sentence of death is imposed, 
the sentence shall be subject to review by the court of appeals upon 
appeal by the defendant. Notice of appeal of the sentence must be filed 
within the time specified for the filing of a notice of appeal of the 
judgment of conviction. An appeal of the sentence under this section 
may be consolidated with an appeal of the judgment of conviction and 
shall have priority over all other cases.
    ``(b) Review.--The court of appeals shall review the entire record 
in the case, including--
            ``(1) the evidence submitted during the trial;
            ``(2) the information submitted during the sentencing 
        hearing;
            ``(3) the procedures employed in the sentencing hearing; 
        and
            ``(4) the special findings returned under section 3593(d).
    ``(c) Decision and Disposition.--
            ``(1) If the court of appeals determines that--
                    ``(A) the sentence of death was not imposed under 
                the influence of passion, prejudice, or any other 
                arbitrary factor;
                    ``(B) the evidence and information support the 
                special findings of the existence of an aggravating 
                factor or factors; and
                    ``(C) the proceedings did not involve any other 
                prejudicial error requiring reversal of the sentence 
                that was properly preserved for and raised on appeal;
        it shall affirm the sentence.
            ``(2) In any other case, the court of appeals shall remand 
        the case for reconsideration under section 3593 or for 
        imposition of another authorized sentence as appropriate, 
        except that the court shall not reverse a sentence of death on 
        the ground that an aggravating factor was invalid or was not 
        supported by the evidence and information if at least one 
        aggravating factor required to be considered under section 3592 
        remains which was found to exist and the court, on the basis of 
        the evidence submitted at trial and the information submitted 
        at the sentencing hearing, finds no mitigating factor or finds 
        that the remaining aggravating factor or factors which were 
        found to exist outweigh any mitigating factors.
            ``(3) The court of appeals shall state in writing the 
        reasons for its disposition of an appeal of a sentence of death 
        under this section.
``Sec. 3596. Implementation of a sentence of death
    ``(a) In General.--A person who has been sentenced to death 
pursuant to the provisions of this chapter shall be committed to the 
custody of the Attorney General until exhaustion of the procedures for 
appeal of the judgment of conviction and for review of the sentence. 
When the sentence is to be implemented, the Attorney General shall 
release the person sentenced to death to the custody of a United States 
Marshal, who shall supervise implementation of the sentence in the 
manner prescribed by the law of the State in which the sentence is 
imposed. If the law of such State does not provide for implementation 
of a sentence of death, the court shall designate another State, the 
law of which does so provide, and the sentence shall be implemented in 
the manner prescribed by such law.
    ``(b) Special Bars to Execution.--A sentence of death shall not be 
carried out upon a person who lacks the mental capacity to understand 
the death penalty and why it was imposed on that person, or upon a 
woman while she is pregnant.
    ``(c) Employees May Decline to Participate.--No employee of any 
State department of corrections, the Federal Bureau of Prisons, or the 
United States Marshals Service, and no employee providing services to 
that department, bureau, or service under contract shall be required, 
as a condition of that employment or contractual obligation, to be in 
attendance at or to participate in any execution carried out under this 
section if such participation is contrary to the moral or religious 
convictions of the employee. For purposes of this subsection, the term 
`participate in any execution' includes personal preparation of the 
condemned individual and the apparatus used for the execution, and 
supervision of the activities of other personnel in carrying out such 
activities.
``Sec. 3597. Use of State facilities
    ``A United States Marshal charged with supervising the 
implementation of a sentence of death may use appropriate State or 
local facilities for the purpose, may use the services of an 
appropriate State or local official or of a person such an official 
employs for the purpose, and shall pay the costs thereof in an amount 
approved by the Attorney General.
``Sec. 3598. Appointment of counsel
    ``(a) Representation of Indigent Defendants.--Notwithstanding any 
other provision of law, this section shall govern the appointment of 
counsel for any defendant against whom a sentence of death is sought, 
or on whom a sentence of death has been imposed, for an offense against 
the United States, where the defendant is or becomes financially unable 
to obtain adequate representation. Such a defendant shall be entitled 
to appointment of counsel from the commencement of trial proceedings 
until one of the conditions specified in section 3599(b) of this title 
has occurred.
    ``(b) Representation Before Finality of Judgment.--A defendant 
within the scope of this section shall have counsel appointed for trial 
representation as provided in section 3005 of this title. At least one 
counsel so appointed shall continue to represent the defendant until 
the conclusion of direct review of the judgment, unless replaced by the 
court with other qualified counsel.
    ``(c) Representation After Finality of Judgment.--When a judgment 
imposing a sentence of death has become final through affirmance by the 
Supreme Court on direct review, denial of certiorari by the Supreme 
Court on direct review, or expiration of the time for seeking direct 
review in the court of appeals or the Supreme Court, the Government 
shall promptly notify the district court that imposed the sentence. 
Within ten days of receipt of such notice, the district court shall 
proceed to make a determination whether the defendant is eligible under 
this section for appointment of counsel for subsequent proceedings. On 
the basis of the determination, the court shall issue an order--
            ``(1) appointing one or more counsel to represent the 
        defendant upon a finding that the defendant is financially 
        unable to obtain adequate representation and wishes to have 
        counsel appointed or is unable competently to decide whether to 
        accept or reject appointment of counsel;
            ``(2) finding, after a hearing if necessary, that the 
        defendant rejected appointment of counsel and made the decision 
        with an understanding of its legal consequences; or
            ``(3) denying the appointment of counsel upon a finding 
        that the defendant is financially able to obtain adequate 
        representation.
Counsel appointed pursuant to this subsection shall be different from 
the counsel who represented the defendant at trial and on direct review 
unless the defendant and counsel request a continuation or renewal of 
the earlier representation.
    ``(d) Standards for Competence of Counsel.--In relation to a 
defendant who is entitled to appointment of counsel under this section, 
at least one counsel appointed for trial representation must have been 
admitted to the bar for at least five years and have at least three 
years of experience in the trial of felony cases in the federal 
district courts. If new counsel is appointed after judgment, at least 
one counsel so appointed must have been admitted to the bar for at 
least five years and have at least three years of experience in the 
litigation of felony cases in the Federal courts of appeals or the 
Supreme Court. The court, for good cause, may appoint counsel who does 
not meet these standards, but whose background, knowledge, or 
experience would otherwise enable him or her to properly represent the 
defendant, with due consideration of the seriousness of the penalty and 
the nature of the litigation.
    ``(e) Applicability of Criminal Justice Act.--Except as otherwise 
provided in this section, the provisions of section 3006A of this title 
shall apply to appointments under this section.
    ``(f) Claims of Ineffectiveness of Counsel.--The ineffectiveness or 
incompetence of counsel during proceedings on a motion under section 
2255 of title 28, United States Code, in a capital case shall not be a 
ground for relief from the judgment or sentence in any proceeding. This 
limitation shall not preclude the appointment of different counsel at 
any stage of the proceedings.
``Sec. 3599. Collateral attack on judgment imposing sentence of death
    ``(a) Time for Making Section 2255 Motion.--In a case in which 
sentence of death has been imposed, and the judgment has become final 
as described in section 3598(c) of this title, a motion in the case 
under section 2255 of title 28, United States Code, must be filed 
within ninety days of the issuance of the order relating to appointment 
of counsel under section 3598(c) of this title. The court in which the 
motion is filed, for good cause shown, may extend the time for filing 
for a period not exceeding sixty days. A motion described in this 
section shall have priority over all noncapital matters in the district 
court, and in the court of appeals on review of the district court's 
decision.
    ``(b) Stay of Execution.--The execution of a sentence of death 
shall be stayed in the course of direct review of the judgment and 
during the litigation of an initial motion in the case under section 
2255 of title 28, United States Code. The stay shall run continuously 
following imposition of the sentence, and shall expire if--
            ``(1) the defendant fails to file a motion under section 
        2255 of title 28, United States Code, within the time specified 
        in subsection (a), or fails to make a timely application for 
        court of appeals review following the denial of such motion by 
        a district court; or
            ``(2) upon completion of district court and court of 
        appeals review under section 2255 of title 28, United States 
        Code, the motion under that section is denied and (A) the time 
        for filing a petition for certiorari has expired and no 
        petition has been filed; (B) a timely petition for certiorari 
        was filed and the Supreme Court denied the petition; or (C) a 
        timely petition for certiorari was filed and upon consideration 
        of the case, the Supreme Court disposed of it in a manner that 
        left the capital sentence undisturbed; or
            ``(3) before a district court, in the presence of counsel 
        and after having been advised of the consequences of his 
        decision, the defendant waives the right to file a motion under 
        section 2255 of title 28.
    ``(c) Finality of the Decision on Review.--If one of the conditions 
specified in subsection (b) has occurred, no court thereafter shall 
have the authority to enter a stay of execution or grant relief in the 
case unless--
            ``(1) the basis for the stay and request for relief is a 
        claim not presented in earlier proceedings;
            ``(2) the failure to raise the claim was (A) the result of 
        governmental action in violation of the Constitution or laws of 
        the United States; (B) the result of the Supreme Court 
        recognition of a new Federal right that is retroactively 
        applicable; or (C) based on a factual predicate that could not 
        have been discovered through the exercise of reasonable 
        diligence in time to present the claim in earlier proceedings; 
        and
            ``(3) the facts underlying the claim would be sufficient, 
        if proven, to undermine the court's confidence in the 
        determination of guilt on the offense or offenses for which the 
        death penalty was imposed.
``Sec. 3600. Application in Indian country
    ``Notwithstanding sections 1152 and 1153 of this title, no person 
subject to the criminal jurisdiction of an Indian tribal government 
shall be subject to a capital sentence under this chapter for any 
offense the Federal jurisdiction for which is predicated solely on 
Indian country as defined in section 1151 of this title and which has 
occurred within the boundaries of such Indian country, unless the 
governing body of the tribe has made an election that this chapter have 
effect over land and persons subject to its criminal jurisdiction.''; 
and
            (2) in the table of chapters at the beginning of part II, 
        by adding the following new item after the item relating to 
        chapter 227:

``228. Death penalty procedures.............................   3591.''.

SEC. 3. CONFORMING AMENDMENT RELATING TO DESTRUCTION OF AIRCRAFT OR 
              AIRCRAFT FACILITIES.

    Section 34 of title 18, United States Code, is amended by changing 
the comma after the words ``imprisonment for life'' to a period and 
deleting the remainder of the section.

SEC. 4. CONFORMING AMENDMENT RELATING TO ESPIONAGE.

    Section 794(a) of title 18, United States Code, is amended by 
changing the period at the end of the section to a comma and by adding 
immediately thereafter the following: ``except that the sentence of 
death shall not be imposed unless the jury or, if there is no jury, the 
court, further finds beyond a reasonable doubt at a hearing under 
section 3593 of this title that the offense directly concerned nuclear 
weaponry, military spacecraft and satellites, early warning systems, or 
other means of defense or retaliation against large-scale attack; war 
plans; communications intelligence or cryptographic information; 
sources or methods of intelligence or counterintelligence operations; 
or any other major weapons system or major element of defense 
strategy.''.

SEC. 5. CONFORMING AMENDMENT RELATING TO TRANSPORTING EXPLOSIVES.

    Section 844(d) of title 18, United States Code, is amended by 
striking ``as provided in section 34 of this title''.

SEC. 6. CONFORMING AMENDMENT RELATING TO MALICIOUS DESTRUCTION OF 
              FEDERAL PROPERTY BY EXPLOSIVES.

    Section 844(f) of title 18, United States Code, is amended by 
striking ``as provided in section 34 of this title''.

SEC. 7. CONFORMING AMENDMENT RELATING TO MALICIOUS DESTRUCTION OF 
              INTERSTATE PROPERTY BY EXPLOSIVES.

    Section 844(i) of title 18, United States Code, is amended by 
striking ``as provided in section 34 of this title''.

SEC. 8. CONFORMING AMENDMENT RELATING TO MURDER.

    The second paragraph of section 1111(b) of title 18, United States 
Code, is amended to read as follows:
    ``Whoever is guilty of murder in the first degree shall be punished 
by death or by imprisonment for life;''.

SEC. 9. CONFORMING AMENDMENT RELATING TO KILLING OFFICIAL GUESTS OR 
              INTERNATIONALLY PROTECTED PERSONS.

    Subsection (a) of section 1116 of title 18, United States Code, is 
amended by inserting a period after ``title'' and striking the 
remainder of the subsection.

SEC. 10. MURDER BY FEDERAL PRISONER.

    Chapter 51 of title 18, United States Code, is amended--
            (1) by adding at the end thereof the following:
``Sec. 1118. Murder by a Federal prisoner
    ``(a) Whoever, while confined in a Federal prison under a sentence 
for a term of life imprisonment, murders another shall be punished by 
death or by life imprisonment without the possibility of release.
    ``(b) For purposes of this section--
            ``(1) `Federal prison' means any Federal correctional, 
        detention, or penal facility, Federal community treatment 
        center, or Federal halfway house, or any such prison operated 
        under contract with the Federal Government; and
            ``(2) `term of life imprisonment' means a sentence for the 
        term of natural life, a sentence commuted to natural life, an 
        indeterminate term of a minimum of at least fifteen years and a 
        maximum of life, or an unexecuted sentence of death.''; and
            (2) in the table of sections at the beginning of the 
        chapter, by adding at the end the following:

``1118. Murder by a Federal prisoner.''.

SEC. 11. CONFORMING AMENDMENT RELATING TO KIDNAPPING.

    Section 1201 of title 18, United States Code, is amended by 
inserting after ``or for life'' in subsection (a) the following: ``and, 
if the death of any person results, shall be punished by death or life 
imprisonment''.

SEC. 12. CONFORMING AMENDMENT RELATING TO HOSTAGE TAKING.

    Section 1203 of title 18, United States Code, is amended by 
inserting after ``or for life'' in subsection (a) the following: ``and, 
if the death of any person results, shall be punished by death or life 
imprisonment''.

SEC. 13. CONFORMING AMENDMENT RELATING TO MAILABILITY OF INJURIOUS 
              ARTICLES.

    The last paragraph of section 1716 of title 18, United States Code, 
is amended by changing the comma after ``imprisonment for life'' to a 
period and deleting the remainder of the paragraph.

SEC. 14. CONFORMING AMENDMENT RELATING TO PRESIDENTIAL ASSASSINATION.

    Subsection (c) of section 1751 of title 18, United States Code, is 
amended to read as follows:
    ``(c) Whoever attempts to murder or kidnap any individual 
designated in subsection (a) of this section shall be punished (1) by 
imprisonment for any term of years or for life, or (2) by death or 
imprisonment for any term of years or for life if the conduct 
constitutes an attempt to murder the President of the United States and 
results in bodily injury to the President or otherwise comes 
dangerously close to causing the death of the President.''.

SEC. 15. CONFORMING AMENDMENT RELATING TO MURDER FOR HIRE.

    Subsection (a) of section 1958 of title 18, United States Code, is 
amended by deleting ``and if death results, shall be subject to 
imprisonment for any term of years or for life, or shall be fined not 
more than $50,000, or both'' and inserting ``and if death results, 
shall be punished by death or life imprisonment, or shall be fined in 
accordance with this title, or both''.

SEC. 16. CONFORMING AMENDMENT RELATING TO VIOLENT CRIMES IN AID OF 
              RACKETEERING ACTIVITY.

    Paragraph (1) of section 1959(a) of title 18, United States Code, 
is amended to read as follows:
            ``(1) for murder, by death or life imprisonment, or a fine 
        in accordance with this title, or both; and for kidnapping, by 
        imprisonment for any term of years or for life, or a fine in 
        accordance with this title, or both;''.

SEC. 17. CONFORMING AMENDMENT RELATING TO WRECKING TRAINS.

    The second to the last paragraph of section 1992 of title 18, 
United States Code, is amended by changing the comma after 
``imprisonment for life'' to a period and deleting the remainder of the 
section.

SEC. 18. CONFORMING AMENDMENT RELATING TO BANK ROBBERY.

    Section 2113(e) of title 18, United States Code, is amended by 
striking ``or punished by death if the verdict of the jury shall so 
direct'' and inserting ``or if death results shall be punished by death 
or life imprisonment''.

SEC. 19. CONFORMING AMENDMENT RELATING TO TERRORIST ACTS.

    Paragraph (1) of section 2331(a) of title 18, United States Code, 
is amended to read as follows:
            ``(1)(A) if the killing is murder as defined in section 
        1111(a) of this title, be fined under this title, punished by 
        death or imprisonment for any term of years or for life, or 
        both;''.

SEC. 20. CONFORMING AMENDMENT RELATING TO AIRCRAFT HIJACKING.

    Section 903 of the Federal Aviation Act of 1958, as amended (49 
U.S.C. App. 1473), is amended by striking subsection (c).

SEC. 21. CONFORMING AMENDMENT TO CONTROLLED SUBSTANCES ACT.

    Section 408 of the Controlled Substances Act is amended by striking 
subsections (g)-(r).

SEC. 22. CONFORMING AMENDMENT RELATING TO GENOCIDE.

    Section 1091(b)(1) of title 18, United States Code, is amended by 
striking ``a fine of not more than $1,000,000 and imprisonment for 
life;'' and inserting ``death or imprisonment for life and a fine of 
not more than $1,000,000;''.

SEC. 23. PROTECTION OF COURT OFFICERS AND JURORS.

    Section 1503 of title 18, United States Code, is amended--
            (1) by designating the current text as subsection (a);
            (2) by striking the words ``fined not more than $5,000 or 
        imprisoned not more than five years, or both.'' and inserting 
        in lieu thereof ``punished as provided in subsection (b).'';
            (3) by adding at the end thereof a new subsection (b) as 
        follows:
    ``(b) The punishment for an offense under this section is--
            ``(1) in the case of a killing, the punishment provided in 
        sections 1111 and 1112 of this title;
            ``(2) in the case of an attempted killing, or a case in 
        which the offense was committed against a petit juror and in 
        which a class A or B felony was charged, imprisonment for not 
        more than twenty years; and
            ``(3) in any other case, imprisonment for not more than ten 
        years.''; and
            ``(4) in subsection (a), as designated by this section, by 
        striking ``commissioner'' each place it appears and inserting 
        in lieu thereof ``magistrate judge''.

SEC. 24. PROHIBITION OF RETALIATORY KILLINGS OF WITNESSES, VICTIMS AND 
              INFORMANTS.

    Section 1513 of title 18, United States Code, is amended--
            (1) by redesignating subsections (a) and (b) as subsections 
        (b) and (c), respectively; and
            (2) by inserting a new subsection (a) as follows:
    ``(a)(1) Whoever kills or attempts to kill another person with 
intent to retaliate against any person for--
            ``(A) the attendance of a witness or party at an official 
        proceeding, or any testimony given or any record, document, or 
        other object produced by a witness in an official proceeding; 
        or
            ``(B) any information relating to the commission or 
        possible commission of a Federal offense or a violation of 
        conditions of probation, parole or release pending judicial 
        proceedings given by a person to a law enforcement officer;
shall be punished as provided in paragraph (2).
    ``(2) The punishment for an offense under this subsection is--
            ``(A) in the case of a killing, the punishment provided in 
        sections 1111 and 1112 of this title; and
            ``(B) in the case of an attempt, imprisonment for not more 
        than twenty years.''.

SEC. 25. DEATH PENALTY FOR MURDER OF FEDERAL LAW ENFORCEMENT OFFICERS.

    Section 1114(a) of title 18, United States Code, is amended by 
striking ``be punished as provided under sections 1111 and 1112 of this 
title, except that'' and inserting ``, in the case of murder as defined 
in section 1111 of this title, be punished by death or imprisonment for 
life, and, in the case of manslaughter as defined in section 1112 of 
this title, be punished as provided in that section, and''.

SEC. 26. DEATH PENALTY FOR MURDER OF STATE OR LOCAL LAW ENFORCEMENT 
              OFFICERS ASSISTING FEDERAL LAW ENFORCEMENT OFFICERS.

    Section 1114 of title 18, United States Code, is amended by 
inserting ``, or any State or local law enforcement officer while 
assisting, or on account of his or her assistance of, any Federal 
officer or employee covered by this section in the performance of 
duties,'' before ``shall be punished''.

SEC. 27. IMPLEMENTATION OF THE 1988 PROTOCOL FOR THE SUPPRESSION OF 
              UNLAWFUL ACTS OF VIOLENCE AT AIRPORTS SERVING 
              INTERNATIONAL CIVIL AVIATION.

    (a) Offense.--Chapter 2 of title 18, United States Code, is amended 
by adding at the end thereof the following new section:
``Sec. 36. Violence at international airports
    ``(a) Whoever unlawfully and intentionally, using any device, 
substance or weapon,--
            ``(1) performs an act of violence against a person at an 
        airport serving international civil aviation which causes or is 
        likely to cause serious injury or death; or
            ``(2) destroys or seriously damages the facilities of an 
        airport serving international civil aviation or a civil 
        aircraft not in service located thereon or disrupts the 
        services of the airport;
if such an act endangers or is likely to endanger safety at that 
airport, or attempts to do such an act, shall be fined under this title 
or imprisoned not more than twenty years, or both; and if the death of 
any person results from conduct prohibited by this subsection, shall be 
punished by death or imprisoned for any term of years or for life.
    ``(b) There is jurisdiction over the prohibited activity in 
subsection (a) if (1) the prohibited activity takes place in the United 
States or (2) the prohibited activity takes place outside of the United 
States and the offender is later found in the United States.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 2 of title 18, United States Code, is amended by adding at the 
end the following:

``36. Violence at international airports.''.
    (c) Effective Date.--This section shall take effect on the later 
of--
            (1) the date of the enactment of this subtitle; or
            (2) the date the Protocol for the Suppression of Unlawful 
        Acts of Violence at Airports Serving International Civil 
        Aviation, Supplementary to the Convention for the Suppression 
        of Unlawful Acts against the Safety of Civil Aviation, done at 
        Montreal on 23 September 1971, has come into force and the 
        United States has become a party to the Protocol.

SEC. 28. AMENDMENT TO FEDERAL AVIATION ACT.

    Section 902(n) of the Federal Aviation Act of 1958 (49 U.S.C. App. 
1472(n)) is amended by--
            (1) striking out paragraph (3); and
            (2) renumbering paragraph (4) as paragraph (3).

SEC. 29. OFFENSES OF VIOLENCE AGAINST MARITIME NAVIGATION OR FIXED 
              PLATFORMS.

    (a) Offense.--Chapter 111 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 2280. Violence against maritime navigation
    ``(a) Whoever unlawfully and intentionally--
            ``(1) seizes or exercises control over a ship by force or 
        threat thereof or any other form of intimidation;
            ``(2) performs an act of violence against a person on board 
        a ship if that act is likely to endanger the safe navigation of 
        that ship;
            ``(3) destroys a ship or causes damage to a ship or to its 
        cargo which is likely to endanger the safe navigation of that 
        ship;
            ``(4) places or causes to be placed on a ship, by any means 
        whatsoever, a device or substance which is likely to destroy 
        that ship, or cause damage to that ship or its cargo which 
        endangers or is likely to endanger the safe navigation of that 
        ship;
            ``(5) destroys or seriously damages maritime navigational 
        facilities or seriously interferes with their operation, if 
        such act is likely to endanger the safe navigation of a ship;
            ``(6) communicates information, knowing the information to 
        be false and under circumstances in which such information may 
        reasonably be believed, thereby endangering the safe navigation 
        of a ship;
            ``(7) injures or kills any person in connection with the 
        commission or the attempted commission of any of the offenses 
        set forth in paragraphs (1) to (6); or
            ``(8) attempts to do any act prohibited under paragraphs 
        (1)-(7);
shall be fined under this title or imprisoned not more than twenty 
years, or both; and if the death of any person results from conduct 
prohibited by this subsection, shall be punished by death or imprisoned 
for any term of years or for life.
    ``(b) Whoever threatens to do any act prohibited under paragraphs 
(2), (3) or (5) of subsection (a), with apparent determination and will 
to carry the threat into execution, if the threatened act is likely to 
endanger the safe navigation of the ship in question, shall be fined 
under this title or imprisoned not more than five years, or both.
    ``(c) There is jurisdiction over the prohibited activity in 
subsections (a) and (b)--
            ``(1) in the case of a covered ship, if--
                    ``(A) such activity is committed--
                            ``(i) against or on board a ship flying the 
                        flag of the United States at the time the 
                        prohibited activity is committed;
                            ``(ii) in the United States; or
                            ``(iii) by a national of the United States 
                        or by a stateless person whose habitual 
                        residence is in the United States;
                    ``(B) during the commission of such activity, a 
                national of the United States is seized, threatened, 
                injured or killed; or
                    ``(C) the offender is later found in the United 
                States after such activity is committed;
            ``(2) in the case of a ship navigating or scheduled to 
        navigate solely within the territorial sea or internal waters 
        of a country other than the United States, if the offender is 
        later found in the United States after such activity is 
        committed; and
            ``(3) in the case of any vessel, if such activity is 
        committed in an attempt to compel the United States to do or 
        abstain from doing any act.
    ``(d) The master of a covered ship flying the flag of the United 
States who has reasonable grounds to believe that he has on board his 
ship any person who has committed an offense under Article 3 of the 
Convention for the Suppression of Unlawful Acts Against the Safety of 
Maritime Navigation may deliver such person to the authorities of a 
State Party to that Convention. Before delivering such person to the 
authorities of another country, the master shall notify in an 
appropriate manner the Attorney General of the United States of the 
alleged offense and await instructions from the Attorney General as to 
what action he should take. When delivering the person to a country 
which is a State Party to the Convention, the master shall, whenever 
practicable, and if possible before entering the territorial sea of 
such country, notify the authorities of such country of his intention 
to deliver such person and the reason therefor. If the master delivers 
such person, he shall furnish the authorities of such country with the 
evidence in the master's possession that pertains to the alleged 
offense.
    ``(e) As used in this section, the term--
            ``(1) `ship' means a vessel of any type whatsoever not 
        permanently attached to the sea-bed, including dynamically 
        supported craft, submersibles or any other floating craft: 
        Provided, That the term does not include a warship, a ship 
        owned or operated by a government when being used as a naval 
        auxiliary or for customs or police purposes, or a ship which 
        has been withdrawn from navigation or laid up;
            ``(2) `covered ship' means a ship that is navigating or is 
        scheduled to navigate into, through or from waters beyond the 
        outer limit of the territorial sea of a single country or a 
        lateral limit of that country's territorial sea with an 
        adjacent country;
            ``(3) `national of the United States' has the meaning given 
        such term in section 101(a)(22) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(22));
            ``(4) `territorial sea of the United States' means all 
        waters extending seaward to 12 nautical miles from the 
        baselines of the United States determined in accordance with 
        international law; and
            ``(5) `United States', when used in a geographical sense, 
        includes the Commonwealth of Puerto Rico, the Commonwealth of 
        the Northern Marianas Islands and all territories and 
        possessions of the United States.
``Sec. 2281. Violence against maritime fixed platforms
    ``(a) Whoever unlawfully and intentionally--
            ``(1) seizes or exercises control over a fixed platform by 
        force or threat thereof or any other form of intimidation;
            ``(2) performs an act of violence against a person on board 
        a fixed platform if that act is likely to endanger its safety;
            ``(3) destroys a fixed platform or causes damage to it 
        which is likely to endanger its safety;
            ``(4) places or causes to be placed on a fixed platform, by 
        any means whatsoever, a device or substance which is likely to 
        destroy that fixed platform or likely to endanger its safety;
            ``(5) injures or kills any person in connection with the 
        commission or the attempted commission of any of the offenses 
        set forth in paragraphs (1) to (4); or
            ``(6) attempts to do anything prohibited under paragraphs 
        (1)-(5);
shall be fined under this title or imprisoned not more than twenty 
years, or both; and if death results to any person from conduct 
prohibited by this subsection, shall be punished by death or imprisoned 
for any term of years or for life.
    ``(b) Whoever threatens to do anything prohibited under paragraphs 
(2) or (3) of subsection (a), with apparent determination and will to 
carry the threat into execution, if the threatened act is likely to 
endanger the safety of the fixed platform, shall be fined under this 
title or imprisoned not more than five years, or both.
    ``(c) There is jurisdiction over the prohibited activity in 
subsections (a) and (b) if--
            ``(1) such activity is committed against or on board a 
        fixed platform--
                    ``(A) that is located on the continental shelf of 
                the United States;
                    ``(B) that is located on the continental shelf of 
                another country, by a national of the United States or 
                by a stateless person whose habitual residence is in 
                the United States; or
                    ``(C) in an attempt to compel the United States to 
                do or abstain from doing any act;
            ``(2) during the commission of such activity against or on 
        board a fixed platform located on a continental shelf, a 
        national of the United States is seized, threatened, injured or 
        killed; or
            ``(3) such activity is committed against or on board a 
        fixed platform located outside the United States and beyond the 
        continental shelf of the United States and the offender is 
        later found in the United States.
    ``(d) As used in this section, the term--
            ``(1) `continental shelf' means the sea-bed and subsoil of 
        the submarine areas that extend beyond a country's territorial 
        sea to the limits provided by customary international law as 
        reflected in Article 76 of the 1982 Convention on the Law of 
        the Sea;
            ``(2) `fixed platform' means an artificial island, 
        installation or structure permanently attached to the sea-bed 
        for the purpose of exploration or exploitation of resources or 
        for other economic purposes;
            ``(3) `national of the United States' has the meaning given 
        such term in section 101(a)(22) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(22));
            ``(4) `territorial sea of the United States' means all 
        waters extending seaward to 12 nautical miles from the 
        baselines of the United States determined in accordance with 
        international law; and
            ``(5) `United States', when used in a geographical sense, 
        includes the Commonwealth of Puerto Rico, the Commonwealth of 
        the Northern Marianas Islands and all territories and 
        possessions of the United States.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 111 of title 18, United States Code, is amended by adding at 
the end thereof the following:

``2280. Violence against maritime navigation.
``2281. Violence against maritime fixed platforms.''.
    (c) Effective Dates.--This section shall take effect on the later 
of--
            (1) the date of the enactment of this Act; or
            (2)(A) in the case of section 2280 of title 18, United 
        States Code, the date the Convention for the Suppression of 
        Unlawful Acts Against the Safety of Maritime Navigation has 
        come into force and the United States has become a party to 
        that Convention; and
            (B) in the case of section 2281 of title 18, United States 
        Code, the date the Protocol for the Suppression of Unlawful 
        Acts Against the Safety of Fixed Platforms Located on the 
        Continental Shelf has come into force and the United States has 
        become a party to that Protocol.

SEC. 30. TORTURE.

    (a) In General.--Part I of title 18, United States Code, is amended 
by inserting after chapter 113A the following new chapter:

                        ``CHAPTER 113B--TORTURE

``Sec.
2340. Definitions.
2340A. Torture.
2340B. Exclusive remedies.
``Sec. 2340. Definitions
    ``As used in this chapter--
            ``(1) `torture' means an act committed by a person acting 
        under the color of law specifically intended to inflict severe 
        physical or mental pain or suffering (other than pain or 
        suffering incidental to lawful sanctions) upon another person 
        within his custody or physical control.
            ``(2) `severe mental pain or suffering' means the prolonged 
        mental harm caused by or resulting from: (a) the intentional 
        infliction or threatened infliction of severe physical pain or 
        suffering; (b) the administration or application, or threatened 
        administration or application, of mind altering substances or 
        other procedures calculated to disrupt profoundly the senses or 
        the personality; (c) the threat of imminent death; or (d) the 
        threat that another person will imminently be subjected to 
        death, severe physical pain or suffering, or the administration 
        or application of mind altering substances or other procedures 
        calculated to disrupt profoundly the senses or personality.
            ``(3) `United States' includes all areas under the 
        jurisdiction of the United States including any of the places 
        within the provisions of sections 5 and 7 of this title and 
        section 101(38) of the Federal Aviation Act of 1958, as amended 
        (49 U.S.C. App. 1301(38)).
``Sec. 2340A. Torture
    ``(a) Whoever outside the United States commits or attempts to 
commit torture shall be fined under this title or imprisoned not more 
than twenty years, or both; and if death results to any person from 
conduct prohibited by this subsection, shall be punished by death or 
imprisoned for any term of years or for life.
    ``(b) There is jurisdiction over the prohibited activity in 
subsection (a) if: (1) the alleged offender is a national of the United 
States; or (2) the alleged offender is present in the United States, 
irrespective of the nationality of the victim or the alleged offender.
``Sec. 2340B. Exclusive remedies
    ``Nothing in this chapter shall be construed as precluding the 
application of State or local laws on the same subject, nor shall 
anything in this chapter be construed as creating any substantive or 
procedural right enforceable by law by any party in any civil 
proceeding.''.
    (b) Clerical Amendment.--The table of chapters for part I of title 
18, United States Code, is amended by inserting after the item for 
chapter 113A the following new item:

``113B. Torture.............................................   2340.''.
    (c) Effective Date.--This section shall take effect on the later 
of--
            (1) the date of enactment of this section; or
            (2) the date the United States has become a party to the 
        Convention Against Torture and Other Cruel, Inhuman or 
        Degrading Treatment or Punishment.

SEC. 31. WEAPONS OF MASS DESTRUCTION.

    (a) Findings.--The Congress finds that the use and threatened use 
of weapons of mass destruction, as defined in the statute enacted by 
subsection (b) of this section, gravely harm the national security and 
foreign relations interests of the United States, seriously affect 
interstate and foreign commerce, and disturb the domestic tranquility 
of the United States.
    (b) Offense.--Chapter 113A of title 18, United States Code, is 
amended by adding the following new section:
``Sec. 2332. Use of weapons of mass destruction
    ``(a) Whoever uses, or attempts or conspires to use, a weapon of 
mass destruction--
            ``(1) against a national of the United States while such 
        national is outside of the United States;
            ``(2) against any person within the United States; or
            ``(3) against any property that is owned, leased or used by 
        the United States or by any department or agency of the United 
        States, whether the property is within or outside of the United 
        States;
shall be imprisoned for any term of years or for life, and if death 
results, shall be punished by death or imprisoned for any term of years 
or for life.
    ``(b) For purposes of this section--
            ``(1) the term `national of the United States' has the 
        meaning given in section 101(a)(22) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(22)); and
            ``(2) the term `weapon of mass destruction' means--
                    ``(A) any destructive device as defined in section 
                921 of this title;
                    ``(B) poison gas;
                    ``(C) any weapon involving a disease organism; or
                    ``(D) any weapon that is designed to release 
                radiation or radioactivity at a level dangerous to 
                human life.''.
    (c) Clerical Amendment.--The table of sections at the beginning of 
chapter 113A of title 18, United States Code, is amended by adding the 
following:

``2332. Use of weapons of mass destruction.''.

SEC. 32. HOMICIDES AND ATTEMPTED HOMICIDES INVOLVING FIREARMS IN 
              FEDERAL FACILITIES.

    Section 930 of title 18, United States Code, is amended by--
            (1) redesignating subsections (c), (d), (e), and (f) as 
        subsections (d), (e), (f), and (g) respectively;
            (2) in subsection (a), deleting ``(c)'' and inserting in 
        lieu thereof ``(d)''; and
            (3) inserting after subsection (b) the following:
    ``(c) Whoever kills or attempts to kill any person in the course of 
a violation of subsection (a) or (b), or in the course of an attack on 
a Federal facility involving the use of a firearm or other dangerous 
weapon, shall--
            ``(1) in the case of a killing constituting murder as 
        defined in section 1111(a) of this title, be punished by death 
        or imprisoned for any term of years or for life; and
            ``(2) in the case of any other killing or an attempted 
        killing, be subject to the penalties provided for engaging in 
        such conduct within the special maritime and territorial 
        jurisdiction of the United States under sections 1112 and 1113 
        of this title.''.

SEC. 33. DEATH PENALTY FOR CIVIL RIGHTS MURDERS.

    (a) Conspiracy Against Rights.--Section 241 of title 18, United 
States Code, is amended by striking ``shall be subject to imprisonment 
for any term of years or for life'' and inserting in lieu thereof 
``shall be punished by death or imprisonment for any term of years or 
for life''.
    (b) Deprivation of Rights Under Color of Law.--Section 242 of title 
18, United States Code, is amended by striking ``shall be subject to 
imprisonment for any term of years or for life'' and inserting in lieu 
thereof ``shall be punished by death or imprisonment for any term of 
years or for life''.
    (c) Federally Protected Activities.--Section 245(b) of title 18, 
United States Code, is amended by striking ``shall be subject to 
imprisonment for any term of years or for life'' and inserting in lieu 
thereof ``shall be punished by death or imprisonment for any term of 
years or for life''.
    (d) Damage to Religious Property; Obstruction of the Free Exercise 
of Religious Rights.--Section 247(c)(1) of title 18, United States 
Code, is amended by inserting ``the death penalty or'' before 
``imprisonment''.

SEC. 34. DEATH PENALTY FOR MURDER OF FEDERAL WITNESSES.

    Section 1512(a)(2)(A) of title 18, United States Code, is amended 
to read as follows:
            ``(A) in the case of murder as defined in section 1111 of 
        this title, the death penalty or imprisonment for life, and in 
        the case of any other killing, the punishment provided in 
        section 1112 of this title;''.

SEC. 35. DRIVE-BY SHOOTINGS.

    (a) Offense.--Chapter 44 of title 18, United States Code, is 
amended by adding the following new section:
``Sec. 931. Drive-by shootings
    ``(a) Whoever knowingly discharges a firearm at a person--
            ``(1) in the course of or in furtherance of drug 
        trafficking activity; or
            ``(2) from a motor vehicle;
shall be punished by imprisonment for up to 25 years, and if death 
results shall be punished by death or by imprisonment for any term of 
years or for life.
    ``(b) For purposes of this section, ``drug trafficking activity'' 
means a drug trafficking crime as defined in section 929(a)(2) of this 
title, or a pattern or series of acts involving one or more drug 
trafficking crimes.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 45 of title 18, United States Code, is amended by adding the 
following:

``931. Drive-by shootings.''.

SEC. 36. DEATH PENALTY FOR GUN MURDERS DURING FEDERAL CRIMES OF 
              VIOLENCE AND DRUG TRAFFICKING CRIMES.

    Section 924 of title 18, United States Code, is amended by adding 
at the end thereof the following new subsection:
    ``(i) Whoever, in the course of a violation of subsection (c) of 
this section, causes the death of a person through the use of a 
firearm, shall--
            ``(1) if the killing is a murder as defined in section 1111 
        of this title, be punished by death or by imprisonment for any 
        term of years or for life; and
            ``(2) if the killing is manslaughter as defined in section 
        1112 of this title, be punished as provided in that section.''.

SEC. 37. DEATH PENALTY FOR RAPE AND CHILD MOLESTATION MURDERS.

    (a) Offense.--Chapter 109A of title 18, United States Code, is 
amended by redesignating section 2245 as section 2246, and by adding 
the following new section:
``Sec. 2245. Sexual abuse resulting in death
    ``Whoever, in the course of an offense under this chapter, engages 
in conduct that results in the death of a person, shall be punished by 
death or imprisoned for any term of years or for life.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 109A of title 18, United States Code, is amended by striking 
the item for section 2245 and adding the following:

``2245. Sexual abuse resulting in death.
``2246. Definitions for chapter.''.

SEC. 38. PROTECTION OF JURORS AND WITNESSES IN CAPITAL CASES.

    Section 3432 of title 18, United States Code, is amended by 
inserting before the period the following: ``, except that such list of 
the veniremen and witnesses need not be furnished if the court finds by 
a preponderance of the evidence that providing the list may jeopardize 
the life or safety of any person''.

SEC. 39. INAPPLICABILITY TO UNIFORM CODE OF MILITARY JUSTICE.

    The provisions of chapter 228 of title 18, United States Code, as 
added by this Act, shall not apply to prosecutions under the Uniform 
Code of Military Justice (10 U.S.C. 801 et seq.).

                                 <all>

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