lease 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 sub-
section 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 sec-
tions 1111 and 1112 of this title, except that’’ and insert-
ing ‘‘, 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 AS-
SISTING FEDERAL LAW ENFORCEMENT OFFI-
CERS.
Section 1114 of title 18, United States Code, is
amended by inserting ‘‘, or any State or local law enforce-
ment 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 INTER-
NATIONAL CIVIL AVIATION.
(a) OFFENSE.—Chapter 2 of title 18, United States
Code, is amended by adding at the end thereof the follow-
ing new section:
‘‘§ 36. Violence at international airports
‘‘(a) Whoever unlawfully and intentionally, using any
device, substance or weapon,—
‘‘(1) performs an act of violence against a per-
son 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 dis-
rupts 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 Inter-
national Civil Aviation, Supplementary to the Con-
vention 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 follow-
ing:
‘‘§ 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 intimi-
dation;
‘‘(2) performs an act of violence against a per-
son 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 re-
sults 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 ha-
bitual residence is in the United States;
‘‘(B) during the commission of such activ-
ity, 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 sched-
uled 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 commit-
ted an offense under Article 3 of the Convention for the
Suppression of Unlawful Acts Against the Safety of Mari-
time 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 mas-
ter shall, whenever practicable, and if possible before en-
tering the territorial sea of such country, notify the au-
thorities 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 whatso-
ever not permanently attached to the sea-bed, in-
cluding 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 auxil-
iary 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 navi-
gating 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 geographi-
cal sense, includes the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Marianas
Islands and all territories and possessions of the
United States.
‘‘§ 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 per-
son on board a fixed platform if that act is likely to
endanger its safety;
‘‘(3) destroys a fixed platform or causes dam-
age 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 sub-
stance 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 pun-
ished 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 appar-
ent determination and will to carry the threat into execu-
tion, if the threatened act is likely to endanger the safety
of the fixed platform, shall be fined under this title or im-
prisoned 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 Unit-
ed 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 geographi-
cal 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 follow-
ing:
‘‘2280. Violence against maritime navigation.
‘‘2281. Violence against maritime fixed platforms.’’.
(c) EFFECTIVE DATES.—This section shall take ef-
fect 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 Conven-
tion; 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 be-
come 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 fol-
lowing new chapter:
‘‘CHAPTER 113B—TORTURE
‘‘Sec.
2340. Definitions.
2340A. Torture.
2340B. Exclusive remedies.
‘‘§ 2340. Definitions
‘‘As used in this chapter—
‘‘(1) ‘torture’ means an act committed by a per-
son acting under the color of law specifically in-
tended 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 in-
fliction of severe physical pain or suffering; (b) the
administration or application, or threatened adminis-
tration or application, of mind altering substances or
other procedures calculated to disrupt profoundly
the senses or the personality; (c) the threat of immi-
nent death; or (d) the threat that another person
will imminently be subjected to death, severe phys-
ical pain or suffering, or the administration or appli-
cation of mind altering substances or other proce-
dures 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)).
‘‘§ 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.
‘‘§ 2340B. Exclusive remedies
‘‘Nothing in this chapter shall be construed as pre-
cluding 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 Punish-
ment.
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 tran-
quility of the United States.
(b) OFFENSE.—Chapter 113A of title 18, United
States Code, is amended by adding the following new sec-
tion:
‘‘§ 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 orga-
nism; or
‘‘(D) any weapon that is designed to re-
lease radiation or radioactivity at a level dan-
gerous 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 INVOLV-
ING 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 insert-
ing 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 pun-
ished by death or imprisoned for any term of years
or for life; and
‘‘(2) in the case of any other killing or an at-
tempted killing, be subject to the penalties provided
for engaging in such conduct within the special mar-
itime 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; OBSTRUC-
TION 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 ‘‘im-
prisonment’’.
SEC. 34. DEATH PENALTY FOR MURDER OF FEDERAL WIT-
NESSES.
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 pun-
ishment 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:
‘‘§ 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 imprison-
ment 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 sec-
tion 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 FED-
ERAL 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 sub-
section (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 sec-
tion 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 MOLESTA-
TION 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:
‘‘§ 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 CAP-
ITAL 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 MILI-
TARY JUSTICE.
The provisions of chapter 228 of title 18, United
States Code, as added by this Act, shall not apply to pros-
ecutions under the Uniform Code of Military Justice (10
U.S.C. 801 et seq.).
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