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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 247 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 247

To establish constitutional procedures for the imposition of the death 
                 penalty for certain Federal offenses.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

             January 27 (legislative day, January 5), 1993

  Mr. Specter introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
To establish constitutional procedures for the imposition of the death 
                 penalty for certain Federal offenses.

    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 ``Death Penalty Act of 1993''.

SEC. 2. DEATH PENALTY.

    (a) In General.--Title 18, United States Code, is amended by 
inserting after chapter 227 the following new chapter:

                ``CHAPTER 228--DEATH PENALTY PROCEDURES

``Sec.
``3591. Sentence of death.
``3592. Factors to be considered in determining whether a sentence of 
                            death is justified.
``3593. Special hearing to determine whether a sentence of death is 
                            justified.
``3594. Imposition of a sentence of death.
``3595. Review of a sentence of death.
``3596. Implementation of a sentence of death.
``3597. Use of State facilities.
``3598. Appointment of counsel.
``3599. Collateral attack on judgment imposing sentence of death.
``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; or
            ``(3) 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 either--
                    ``(A) intentionally killed the victim;
                    ``(B) intentionally participated in an act, 
                contemplating that the life of a person would be taken 
                or intending that lethal force would be used in 
                connection with a person, other than one of the 
                participants in the offense, and the victim died as a 
                direct result of the act; or
                    ``(C) acting with reckless disregard for human 
                life, engaged or substantially participated in conduct 
                which the defendant knew would create a grave risk of 
                death to another person or persons and death resulted 
                from such conduct,
shall be sentenced to death if, after consideration of the factors set 
forth in section 3592 in the course of a hearing held under section 
3593, it is determined that imposition of a sentence of death is 
justified, except that no person may be sentenced to death who was less 
than 18 years of age at the time of the offense.
``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 the defendant's conduct or to 
        conform the defendant's 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 is 
        punishable as a principal (as defined in section 2 of title 18 
        of the United States Code) in the offense, which was committed 
        by another, but the defendant's participation was relatively 
        minor, regardless of whether the participation was so minor as 
        to constitute a defense to the charge.
The jury, or if there is no jury, the court, shall consider whether any 
other aspect of the defendant's character or record or any other 
circumstances 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(1), 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 (2) or (6), the jury, or if 
there is no jury, the court, shall consider each of the following 
aggravating factors and determine which, if any, exist:
            ``(1) Death occurred during commission of another crime.--
        The death occurred during the commission or attempted 
        commission of, or during the immediate flight from the 
        commission of, an offense under 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 1118 (prisoners 
        serving life term), section 1201 (kidnapping), or section 2381 
        (treason) of this title, section 1826 of title 28 (persons in 
        custody as recalcitrant witnesses or hospitalized following a 
        finding of not guilty only by reason of insanity), or section 
        902 (i) or (n) of the Federal Aviation Act of 1958, as amended 
        (49 U.S.C. 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 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 or 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 2 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 
        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 is no Vice President, the officer next in order 
                of succession to the office of the President of the 
                United States, or any person who is 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 is in the 
                United States on official business; or
                    ``(D) a public servant who is 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 is engaged 
                        in the performance of the public servant's 
                        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 
        magistrate.
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--
            ``(1) that the Government in the event of conviction will 
        seek the sentence of death; and
            ``(2) setting 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 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) of this 
section and the defendant is found guilty of an offense described in 
section 3591 of this title, 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. Before such a hearing, no 
presentence report shall be prepared by the United States Probation 
Service, notwithstanding 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 12 members, 
unless, at any time before the conclusion of the hearing, the parties 
stipulate, with the approval of the court, that it shall consist of a 
lesser number.
    ``(c) Proof of Mitigating and Aggravating 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)(2) and (if information is presented relating to 
        such a listed factor) any other aggravating factor for which 
        notice has been so provided.
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, 
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 of this title 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 of this 
title 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(1) of this 
        title, an aggravating factor required to be considered under 
        section 3592(b) of this title is found to exist; or
            ``(2) an offense described in section 3591 (2) or (6) of 
        this title, an aggravating factor required to be considered 
        under section 3592(c) of this title 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 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) of this section, shall instruct the jury that, in 
considering whether a sentence of death is justified, it shall not 
consider the race, color, religious beliefs, 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, religious beliefs, national origin, or sex of the defendant or 
of any victim may be. The jury, upon return of a finding under 
subsection (e) of this section, shall also return to the court a 
certificate, signed by each juror, that consideration of the race, 
color, religious beliefs, national origin, or sex of the defendant or 
any victim was not involved in reaching the juror's 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, religious beliefs, 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) of this title 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 or furlough.
``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) 
        of this title.
    ``(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; and
                    ``(B) the evidence and information support the 
                special findings of the existence of an aggravating 
                factor or factors;
        it shall affirm the sentence.
            ``(2) In any other case, the court of appeals shall remand 
        the case for reconsideration under section 3593 of this title 
        or for imposition of another authorized sentence as 
        appropriate.
            ``(3) The court of appeals shall state in writing the 
        reasons for its disposition of an appeal of 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 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) Impaired Mental Capacity, Age, or Pregnancy.--A sentence of 
death shall not be carried out upon a person who is under 18 years of 
age at the time the crime was committed. A sentence of death shall not 
be carried out upon a person who is mentally retarded. A sentence of 
death shall not be carried out upon a person who, as a result of mental 
disability--
            ``(1) cannot understand the nature of the pending 
        proceedings, what such person was tried for, the reason for the 
        punishment, or the nature of the punishment; or
            ``(2) lacks the capacity to recognize or understand facts 
        which would make the punishment unjust or unlawful or lacks the 
        ability to convey such information to counsel or to the court.
A sentence of death shall not be carried out upon a woman while she is 
pregnant.
    ``(c) Employees May Decline To Participate.--No employee of any 
State department of corrections or the Federal Bureau of Prisons and no 
employee providing services to that department or bureau 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 as an official 
employed for the purpose, and shall pay the costs thereof in an amount 
approved by the Attorney General.
``Sec. 3598. Appointment of counsel
    ``(a) Federal Capital Cases.--
            ``(1) Representation of indigent defendants.--
        Notwithstanding any other provision of law, this subsection 
        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.
            ``(2) Representation before finality of judgment.--A 
        defendant within the scope of this subsection 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.
            ``(3) 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 10 days of 
        receipt of such notice, the district court shall proceed to 
        make a determination whether the defendant is eligible under 
        this subsection for appointment of counsel for subsequent 
        proceedings. On the basis of the determination, the court shall 
        issue an order (A) 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; (B) 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 (C) denying the appointment of counsel 
        upon a finding that the defendant is financially able to obtain 
        adequate representation. Counsel appointed pursuant to this 
        paragraph 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.
            ``(4) Standards for competence of counsel.--In relation to 
        a defendant who is entitled to appointment of counsel under 
        this subsection, at least one counsel appointed for trial 
        representation must have been admitted to the bar for at least 
        5 years and have at least 3 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 5 years and 
        have at least 3 years of experience in the litigation of felony 
        cases in the Federal courts of appeals or the Supreme Court. 
        The court, for good cause, may appoint counsel who does not 
        meet these standards, but whose background, knowledge, or 
        experience would otherwise enable him or her to properly 
        represent the defendant, with due consideration of the 
        seriousness of the penalty and the nature of the litigation.
            ``(5) Applicability of criminal justice act.--Except as 
        otherwise provided in this subsection, the provisions of 
        section 3006A of this title shall apply to appointments under 
        this subsection.
            ``(6) 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.
    ``(b) State Capital Cases.--The laws of the United States shall not 
be construed to impose any requirement with respect to the appointment 
of counsel in any proceeding in a State court or other State proceeding 
in a capital case, other than any requirement imposed by the 
Constitution of the United States. In a proceeding under section 2254 
of title 28, United States Code, relating to a State capital case, or 
any subsequent proceeding on review, appointment of counsel for a 
petitioner who is or becomes financially unable to afford counsel shall 
be in the discretion of the court, except as provided by a rule 
promulgated by the Supreme Court pursuant to statutory authority. Such 
appointment of counsel shall be governed by the provisions of section 
3006A of this title.
``Sec. 3599. Collateral attack on judgment imposing sentence of death
    ``(a) Time for Making Section 2255 Motion.--In a case in which a 
sentence of death has been imposed, and the judgment has become final 
as described in section 3598(a)(3) of this title, a motion in the case 
under section 2255 of title 28, United States Code, must be filed 
within 90 days of the issuance of the order relating to appointment of 
counsel under section 3598(a)(3) 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 60 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 a motion 
        by a district court;
            ``(2) upon completion of district court and court of 
        appeals review under section 2255 of title 28, United States 
        Code, the 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, United States Code.
    ``(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 is (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.''.
    (b) Clerical Amendment.--The table of chapters at the beginning of 
part II of title 28, United States Code, is amended by inserting after 
the item relating to chapter 227 the following new item:

``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 striking 
the comma after ``imprisonment for life'' and all that follows and 
inserting a period.

SEC. 4. CONFORMING AMENDMENT RELATING TO ESPIONAGE.

    Section 794(a) of title 18, United States Code, is amended by 
inserting before the period at the end 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.

    Section 1116(a) of title 18, United States Code, is amended by 
striking ``any such person who is found guilty of murder in the first 
degree shall be sentenced to imprisonment for life, and''.

SEC. 10. MURDER BY FEDERAL PRISONER.

    (a) In General.--Chapter 51 of title 18, United States Code, is 
amended by adding at the end 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 or 
furlough.
    ``(b) For the 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;
            ``(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 15 years and a 
        maximum of life, or an unexecuted sentence of death.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 51 of title 18, United States Code, is amended by adding at the 
end the following:

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

SEC. 11. DEATH PENALTY RELATING TO KIDNAPING.

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

SEC. 12. DEATH PENALTY RELATING TO HOSTAGE TAKING.

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

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 striking the comma after ``imprisonment for life'' and 
all that follows and inserting a period.

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.

    Section 1958(a) of title 18, United States Code, is amended by 
striking ``and if death results, shall be subject to imprisonment for 
any term of years or for life, or shall be fined not more than $50,000, 
or both'' and inserting ``and if death results, shall be punished by 
death or life imprisonment, or shall be fined under 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 striking the comma after 
``imprisonment for life'' and all that follows and inserting a period.

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

SEC. 20. CONFORMING AMENDMENT RELATING TO AIRCRAFT HIJACKING.

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

SEC. 21. APPLICATION TO UNIFORM CODE OF MILITARY JUSTICE.

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

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 in lieu thereof ``by death or imprisonment for 
life, or a fine of not more than $1,000,000, or both''.

SEC. 23. CONFORMING AMENDMENT RELATING TO PROTECTION OF COURT OFFICERS 
              AND JURORS.

    Section 1503 of title 18, United States Code, is amended--
            (1) by striking ``Whoever corruptly'' and inserting ``(a) 
        Whoever corruptly'';
            (2) in subsection (a) (as so designated), by striking 
        ``fined not more than $5,000 or imprisoned not more than five 
        years, or both'' and inserting ``punished as provided in 
        subsection (b)''; and
            (3) by adding at the end the following:
    ``(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, imprisonment for 
        not more than 20 years; and
            ``(3) in any other case, imprisonment for not more than 10 
        years.''.

SEC. 24. CONFORMING AMENDMENT RELATING TO 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;
            (2) by inserting before subsection (b) (as so redesignated) 
        the following:
    ``(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 20 years.''.

SEC. 25. APPLICATION TO DRUG KINGPINS.

    Title II of the Controlled Substances Act (21 U.S.C. 801 et seq.) 
is amended by inserting after section 408 the following:

                   ``death penalty for drug kingpins

    ``Sec. 408A. (a) In General.--A defendant who has been found guilty 
of--
            ``(1) an offense referred to in section 408(c)(1) (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;
            ``(2) an offense referred to in section 408(c)(1) (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 an 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 member of the 
        family or household of such a person; or
            ``(3) an offense constituting a felony violation of this 
        Act (21 U.S.C. 801 et seq.), the Controlled Substance 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, engaged 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,
shall be sentenced to death if, after consideration of the procedures 
set forth in chapter 228 of title 18, United States Code, and subject 
to the consideration of the additional aggravating factors set forth in 
subsection (b), it is determined that imposition of a sentence of death 
is justified.
    ``(b) Additional Aggravating Factors.--In addition to the 
aggravating factors set forth in section 3592 (c) of title 18, United 
States Code, the following aggravating factors shall be considered in 
determining whether a sentence of death is justified for an offense 
under this section:
            ``(1) Distribution to persons under twenty-one.--The 
        offense, or a continuing criminal enterprise of which the 
        offense was a part, involved a violation of section 405 of this 
        Act which was committed directly by the defendant or for which 
        the defendant would be liable under section 2 of title 18, 
        United States Code.
            ``(2) Distribution near schools.--The offense, or a 
        continuing criminal enterprise of which the offense was a part, 
        involved a violation of section 405A of this Act which was 
        committed directly by the defendant or for which the defendant 
        would be liable under section 2 of title 18, United States 
        Code.
            ``(3) Using minors in trafficking.--The offense, or a 
        continuing criminal enterprise of which the offense was a part, 
        involved a violation of section 405B of this Act which was 
        committed directly by the defendant or for which the defendant 
        would be liable under section 2 of title 18, United States 
        Code.
            ``(4) Lethal adulterant.--The offense involved the 
        importation, manufacture, or distribution of a controlled 
        substance mixed with a potentially lethal adulterant, and the 
        defendant was aware of the presence of the adulterant.''.

                                 <all>

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