H. R. 3355—170
‘‘(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 this section
is necessary; or
‘‘(3) before the court alone, upon the motion of the defend-
ant 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.—Not-
withstanding rule 32(c) of the Federal Rules of Criminal Procedure,
when a defendant is found guilty or pleads guilty to an offense
under section 3591, no presentence report shall be prepared. At
the sentencing hearing, information may be presented as to any
matter relevant to the sentence, including any mitigating or
aggravating factor permitted or required to be considered under
section 3592. Information presented may include the trial transcript
and exhibits if the hearing is held before a jury or judge not
present during the trial, or at the trial judge’s discretion. The
defendant may present any information relevant to a mitigating
factor. The government may present any information relevant to
an aggravating factor for which notice has been provided under
subsection (a). Information is admissible regardless of its admissibil-
ity 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 government and
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 the case of imposing a sentence of death. The
government shall open the argument. The defendant shall be per-
mitted to reply. The government shall then be permitted to reply
in rebuttal. The burden of establishing the existence of any
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 information.
‘‘(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 1 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
H. R. 3355—171
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)(1), an aggravat-
ing factor required to be considered under section 3592(b) is
found to exist;
‘‘(2) an offense described in section 3591(a)(2), an aggravat-
ing factor required to be considered under section 3592(c) is
found to exist; or
‘‘(3) an offense described in section 3591(b), 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 consider whether
all the aggravating factor or factors found to exist sufficiently
outweigh all the mitigating factor or factors found to exist to justify
a sentence of death, or, in the absence of a mitigating factor,
whether the aggravating factor or factors alone are sufficient to
justify a sentence of death. Based upon this consideration, the
jury by unanimous vote, or if there is no jury, the court, shall
recommend whether the defendant should be sentenced to death,
to life imprisonment without possibility of release or some other
lesser sentence.
‘‘(f) SPECIAL PRECAUTION TO ENSURE AGAINST DISCRIMINA-
TION.—In a hearing held before a jury, the court, prior to 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 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), shall also
return to the court a certificate, signed by each juror, that consider-
ation of the race, color, religious beliefs, 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, religious
beliefs, national origin, or sex of the defendant or any victim may
be.
‘‘§ 3594. Imposition of a sentence of death
‘‘Upon a recommendation under section 3593(e) that the defend-
ant should be sentenced to death or life imprisonment without
possibility of release, the court shall sentence the defendant accord-
ingly. Otherwise, the court shall impose any lesser sentence that
is authorized by law. Notwithstanding any other law, if the maxi-
mum term of imprisonment for the offense is life imprisonment,
the court may impose a sentence of life imprisonment without
possibility of release.
H. R. 3355—172
‘‘§ 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 must be filed
within the time specified for the filing of a notice of appeal. An
appeal 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 hear-
ing;
‘‘(3) the procedures employed in the sentencing hearing;
and
‘‘(4) the special findings returned under section 3593(d).
‘‘(c) DECISION AND DISPOSITION.—
‘‘(1) The court of appeals shall address all substantive
and procedural issues raised on the appeal of a sentence of
death, and shall consider whether the sentence of death was
imposed under the influence of passion, prejudice, or any other
arbitrary factor and whether the evidence supports the special
finding of the existence of an aggravating factor required to
be considered under section 3592.
‘‘(2) Whenever the court of appeals finds that—
‘‘(A) the sentence of death was imposed under the
influence of passion, prejudice, or any other arbitrary fac-
tor;
‘‘(B) the admissible evidence and information adduced
does not support the special finding of the existence of
the required aggravating factor; or
‘‘(C) the proceedings involved any other legal error
requiring reversal of the sentence that was properly pre-
served for appeal under the rules of criminal procedure,
the court shall remand the case for reconsideration under sec-
tion 3593 or imposition of a sentence other than death. The
court of appeals shall not reverse or vacate a sentence of
death on account of any error which can be harmless, including
any erroneous special finding of an aggravating factor, where
the Government establishes beyond a reasonable doubt that
the error was harmless.
‘‘(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.
‘‘§ 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 the State does not provide
for implementation of a sentence of death, the court shall designate
another State, the law of which does provide for the implementation
H. R. 3355—173
of a sentence of death, and the sentence shall be implemented
in the latter State in the manner prescribed by such law.
‘‘(b) PREGNANT WOMAN.—A sentence of death shall not be car-
ried out upon a woman while she is pregnant.
‘‘(c) MENTAL CAPACITY.—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, lacks the mental capacity to understand the death pen-
alty and why it was imposed on that person.
‘‘§ 3597. Use of State facilities
‘‘(a) IN GENERAL.—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.
‘‘(b) EXCUSE
OF
AN
EMPLOYEE
ON
MORAL
OR
RELIGIOUS
GROUNDS.—No employee of any State department of corrections,
the United States Department of Justice, 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 prosecution or execution under this section if such participa-
tion is contrary to the moral or religious convictions of the employee.
In this subsection, ‘participation in executions’ includes personal
preparation of the condemned individual and the apparatus used
for execution and supervision of the activities of other personnel
in carrying out such activities.
‘‘§ 3598. Special provisions for Indian country
‘‘Notwithstanding sections 1152 and 1153, 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 Indian country, unless the govern-
ing body of the tribe has elected that this chapter have effect
over land and persons subject to its criminal jurisdiction.’’.
(b) TECHNICAL AMENDMENT.—The part analysis for part II of
title 18, United States Code, is amended by inserting after the
item relating to chapter 227 the following new item:
‘‘228. Death sentence .......................................................................................... 3591’’.
SEC. 60003. SPECIFIC OFFENSES FOR WHICH DEATH PENALTY IS
AUTHORIZED.
(a) CONFORMING CHANGES IN TITLE 18.—Title 18, United States
Code, is amended as follows:
(1) AIRCRAFT AND MOTOR VEHICLES.—Section 34 of title
18, United States Code, is amended by striking the comma
after ‘‘imprisonment for life’’, inserting a period, and striking
the remainder of the section.
(2) ESPIONAGE.—Section 794(a) of title 18, United States
Code, is amended by striking the period at the end of the
section and inserting ‘‘, except that the sentence of death shall
not be imposed unless the jury or, if there is no jury, the
H. R. 3355—174
court, further finds that the offense resulted in the identifica-
tion by a foreign power (as defined in section 101(a) of the
Foreign Intelligence Surveillance Act of 1978) of an individual
acting as an agent of the United States and consequently
in the death of that individual, or directly concerned nuclear
weaponry, military spacecraft or satellites, early warning
systems, or other means of defense or retaliation against large-
scale attack; war plans; communications intelligence or cryp-
tographic information; or any other major weapons system or
major element of defense strategy.’’.
(3) EXPLOSIVE MATERIALS.—(A) Section 844(d) of title 18,
United States Code, is amended by striking ‘‘as provided in
section 34 of this title’’.
(B) Section 844(f) of title 18, United States Code, is
amended by striking ‘‘as provided in section 34 of this title’’.
(C) Section 844(i) of title 18, United States Code, is
amended by striking ‘‘as provided in section 34 of this title’’.
(4) MURDER.—The second undesignated paragraph of sec-
tion 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;’’.
(5) KILLING OF FOREIGN OFFICIAL.—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’’.
(6) KIDNAPPING.—Section 1201(a) of title 18, United States
Code, is amended by inserting after ‘‘or for life’’ the following:
‘‘and, if the death of any person results, shall be punished
by death or life imprisonment’’.
(7) NONMAILABLE 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 insert-
ing a period and striking the remainder of the paragraph.
(8) WRECKING TRAINS.—The second to the last undesignated
paragraph of section 1992 of title 18, United States Code,
is amended by striking the comma after ‘‘imprisonment for
life’’, inserting a period, and striking the remainder of the
section.
(9) 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’’.
(10) HOSTAGE TAKING.—Section 1203(a) of title 18, United
States Code, is amended by inserting after ‘‘or for life’’ the
following: ‘‘and, if the death of any person results, shall be
punished by death or life imprisonment’’.
(11) MURDER FOR HIRE.—Section 1958 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 not more than $250,000,
or both’’.
(12) RACKETEERING.—Section 1959(a)(1) of title 18, United
States Code, is amended to read as follows:
H. R. 3355—175
‘‘(1) for murder, by death or life imprisonment, or a fine
of not more than $250,000, or both; and for kidnapping, by
imprisonment for any term of years or for life, or a fine of
not more than $250,000, or both;’’.
(13) GENOCIDE.—Section 1091(b)(1) of title 18, United
States Code, is amended by striking ‘‘a fine of not more than
$1,000,000 or imprisonment for life,’’ and inserting ‘‘, where
death results, by death or imprisonment for life and a fine
of not more than $1,000,000, or both;’’.
(14) CARJACKING.—Section 2119(3) of title 18, United States
Code, is amended by striking the period after ‘‘both’’ and insert-
ing ‘‘, or sentenced to death.’’; and by striking ‘‘, possessing
a firearm as defined in section 921 of this title,’’ and inserting
‘‘, with the intent to cause death or serious bodily harm’’.
(b) CONFORMING AMENDMENT TO FEDERAL AVIATION ACT OF
1954.—Chapter 465 of title 49, United States Code, is amended—
(1) in the chapter analysis by striking ‘‘Death penalty
sentencing procedure for aircraft piracy’’ and inserting
‘‘Repealed’’; and
(2) by striking section 46503.
SEC. 60004. APPLICABILITY TO UNIFORM CODE OF MILITARY JUSTICE.
Chapter 228 of title 18, United States Code, as added by this
title, shall not apply to prosecutions under the Uniform Code of
Military Justice (10 U.S.C. 801).
SEC. 60005. DEATH PENALTY FOR MURDER BY A FEDERAL PRISONER.
(a) IN GENERAL.—Chapter 51 of title 18, United States Code,
is amended by adding at the end the following new section:
‘‘§ 1118. Murder by a Federal prisoner
‘‘(a) OFFENSE.—A person who, while confined in a Federal
correctional institution under a sentence for a term of life imprison-
ment, commits the murder of another shall be punished by death
or by life imprisonment.
‘‘(b) DEFINITIONS.—In this section—
‘‘ ‘Federal correctional institution’ means any Federal
prison, Federal correctional facility, Federal community pro-
gram center, or Federal halfway house.
‘‘ ‘murder’ means a first degree or second degree murder
(as defined in section 1111).
‘‘ ‘term of life imprisonment’ means a sentence for the term
of natural life, a sentence commuted to natural life, an indeter-
minate term of a minimum of at least fifteen years and a
maximum of life, or an unexecuted sentence of death.’’.
(b) TECHNICAL AMENDMENT.—The chapter analysis for chapter
51 of title 18, United States Code, is amended by adding at the
end the following new item:
‘‘1118. Murder by a Federal prisoner.’’.
SEC. 60006. DEATH PENALTY FOR CIVIL RIGHTS MURDERS.
(a) CONSPIRACY AGAINST RIGHTS.—Section 241 of title 18,
United States Code, is amended by striking the period at the
end of the last sentence and inserting ‘‘, or may be sentenced
to death.’’.
(b) DEPRIVATION OF RIGHTS UNDER COLOR OF LAW.—Section
242 of title 18, United States Code, is amended by striking the
H. R. 3355—176
period at the end of the last sentence and inserting ‘‘, or may
be sentenced to death.’’.
(c) FEDERALLY PROTECTED ACTIVITIES.—Section 245(b) of title
18, United States Code, is amended in the matter following para-
graph (5) by inserting ‘‘, or may be sentenced to death’’ after
‘‘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 ‘‘, or may be
sentenced to death’’ after ‘‘or both’’.
SEC. 60007. DEATH PENALTY FOR THE MURDER OF FEDERAL LAW
ENFORCEMENT OFFICIALS.
Section 1114 of title 18, United States Code, is amended by
striking ‘‘punished as provided under sections 1111 and 1112 of
this title,’’ and inserting ‘‘punished, in the case of murder, as
provided under section 1111, or, in the case of manslaughter, as
provided under section 1112.’’.
SEC. 60008. NEW OFFENSE FOR THE INDISCRIMINATE USE OF WEAP-
ONS TO FURTHER DRUG CONSPIRACIES.
(a) SHORT TITLE.—This section may be cited as the ‘‘Drive-
By Shooting Prevention Act of 1994’’.
(b) IN GENERAL.—Chapter 2 of title 18, United States Code,
is amended by adding at the end the following new section:
‘‘§ 36. Drive-by shooting
‘‘(a) DEFINITION.—In this section, ‘major drug offense’ means—
‘‘(1) a continuing criminal enterprise punishable under sec-
tion 403(c) of the Controlled Substances Act (21 U.S.C. 848(c));
‘‘(2) a conspiracy to distribute controlled substances punish-
able under section 406 of the Controlled Substances Act (21
U.S.C. 846) section 1013 of the Controlled Substances Import
and Export Control Act (21 U.S.C. 963); or
‘‘(3) an offense involving major quantities of drugs and
punishable under section 401(b)(1)(A) of the Controlled Sub-
stances Act (21 U.S.C. 841(b)(1)(A)) or section 1010(b)(1) of
the Controlled Substances Import and Export Act (21 U.S.C.
960(b)(1)).
‘‘(b) OFFENSE AND PENALTIES.—(1) A person who, in furtherance
or to escape detection of a major drug offense and with the intent
to intimidate, harass, injure, or maim, fires a weapon into a group
of two or more persons and who, in the course of such conduct,
causes grave risk to any human life shall be punished by a term
of no more than 25 years, by fine under this title, or both.
‘‘(2) A person who, in furtherance or to escape detection of
a major drug offense and with the intent to intimidate, harass,
injure, or maim, fires a weapon into a group of 2 or more persons
and who, in the course of such conduct, kills any person shall,
if the killing—
‘‘(A) is a first degree murder (as defined in section 1111(a)),
be punished by death or imprisonment for any term of years
or for life, fined under this title, or both; or
‘‘(B) is a murder other than a first degree murder (as
defined in section 1111(a)), be fined under this title, imprisoned
for any term of years or for life, or both.’’.
H. R. 3355—177
(c) TECHNICAL AMENDMENT.—The chapter analysis for chapter
2 of title 18, United States Code, is amended by adding at the
end the following new item:
‘‘36. Drive-by shooting.’’.
SEC. 60009. FOREIGN MURDER OF UNITED STATES NATIONALS.
(a) IN GENERAL.—Chapter 51 of title 18, United States Code,
as amended by section 60005(a), is amended by adding at the
end the following new section:
‘‘§ 1119. Foreign murder of United States nationals
‘‘(a) DEFINITION.—In this section, ‘national of the United States’
has the meaning stated in section 101(a)(22) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(22)).
‘‘(b) OFFENSE.—A person who, being a national of the United
States, kills or attempts to kill a national of the United States
while such national is outside the United States but within the
jurisdiction of another country shall be punished as provided under
sections 1111, 1112, and 1113.
‘‘(c) LIMITATIONS ON PROSECUTION.—(1) No prosecution may
be instituted against any person under this section except upon
the written approval of the Attorney General, the Deputy Attorney
General, or an Assistant Attorney General, which function of
approving prosecutions may not be delegated. No prosecution shall
be approved if prosecution has been previously undertaken by a
foreign country for the same conduct.
‘‘(2) No prosecution shall be approved under this section unless
the Attorney General, in consultation with the Secretary of State,
determines that the conduct took place in a country in which
the person is no longer present, and the country lacks the ability
to lawfully secure the person’s return. A determination by the
Attorney General under this paragraph is not subject to judicial
review.’’.
(b) TECHNICAL AMENDMENTS.—(1) Section 1117 of title 18,
United States Code, is amended by striking ‘‘or 1116’’ and inserting
‘‘1116, or 1119’’.
(2) The chapter analysis for chapter 51 of title 18, United
States Code, as amended by section 60005(a), is amended by adding
at the end the following new item:
‘‘1119. Foreign murder of United States nationals.’’.
SEC. 60010. DEATH PENALTY FOR RAPE AND CHILD MOLESTATION
MURDERS.
(a) OFFENSE.—Chapter 109A of title 18, United States Code,
is amended—
(1) by redesignating section 2245 as section 2246; and
(2) by inserting after section 2244 the following new section:
‘‘§ 2245. Sexual abuse resulting in death
‘‘A person who, 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.’’.
H. R. 3355—178
(b) TECHNICAL AMENDMENTS.—The chapter analysis for chapter
109A of title 18, United States Code, is amended by striking the
item for section 2245 and inserting the following:
‘‘2245. Sexual abuse resulting in death.
‘‘2246. Definitions for chapter.’’.
SEC. 60011. DEATH PENALTY FOR SEXUAL EXPLOITATION OF CHIL-
DREN.
Section 2251(d) of title 18, United States Code, is amended
by adding at the end the following: ‘‘Whoever, in the course of
an offense under this section, 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.’’.
SEC. 60012. MURDER BY ESCAPED PRISONERS.
(a) IN GENERAL.—Chapter 51 of title 18, United States Code,
as amended by section 60009(a), is amended by adding at the
end the following new section:
‘‘§ 1120. Murder by escaped prisoners
‘‘(a) DEFINITION.—In this section, ‘Federal prison’ and ‘term
of life imprisonment’ have the meanings stated in section 1118.
‘‘(b) OFFENSE AND PENALTY.—A person, having escaped from
a Federal prison where the person was confined under a sentence
for a term of life imprisonment, kills another shall be punished
as provided in sections 1111 and 1112.’’.
(b) TECHNICAL AMENDMENT.—The chapter analysis for chapter
51 of title 18, United States Code, as amended by section
60009(b)(2), is amended by adding at the end the following new
item:
‘‘1120. Murder by escaped prisoners.’’.
SEC. 60013. 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 the following new subsection:
‘‘(i) A person who, in the course of a violation of subsection
(c), 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),
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), be punished as provided in that section.’’.
SEC. 60014. HOMICIDES AND ATTEMPTED HOMICIDES INVOLVING FIRE-
ARMS IN FEDERAL FACILITIES.
Section 930 of title 18, United States Code, is amended—
(1) by redesignating subsections (c), (d), (e), and (f) as
subsections (d), (e), (f), and (g), respectively;
(2) in subsection (a) by striking ‘‘(c)’’ and inserting ‘‘(d)’’;
and
(3) by inserting after subsection (b) the following new sub-
section:
‘‘(c) A person who 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
H. R. 3355—179
or other dangerous weapon, shall be punished as provided in sec-
tions 1111, 1112, and 1113.’’.
SEC. 60015. DEATH PENALTY FOR THE MURDER OF STATE OR LOCAL
OFFICIALS ASSISTING FEDERAL LAW ENFORCEMENT
OFFICIALS AND STATE CORRECTIONAL OFFICERS.
(a) IN GENERAL.—Chapter 51 of title 18, United States Code,
as amended by section 60012(a), is amended by adding at the
end the following new section:
‘‘§ 1121. Killing persons aiding Federal investigations or State
correctional officers
‘‘(a) Whoever intentionally kills—
‘‘(1) a State or local official, law enforcement officer, or
other officer or employee while working with Federal law
enforcement officials in furtherance of a Federal criminal inves-
tigation—
‘‘(A) while the victim is engaged in the performance
of official duties;
‘‘(B) because of the performance of the victim’s official
duties; or
‘‘(C) because of the victim’s status as a public servant;
or
‘‘(2) any person assisting a Federal criminal investigation,
while that assistance is being rendered and because of it,
shall be sentenced according to the terms of section 1111, including
by sentence of death or by imprisonment for life.
‘‘(b)(1) Whoever, in a circumstance described in paragraph (3)
of this subsection, while incarcerated, intentionally kills any State
correctional officer engaged in, or on account of the performance
of such officer’s official duties, shall be sentenced to a term of
imprisonment which shall not be less than 20 years, and may
be sentenced to life imprisonment or death.
‘‘(2) As used in this section, the term, ‘State correctional officer’
includes any officer or employee of any prison, jail, or other deten-
tion facility, operated by, or under contract to, either a State or
local governmental agency, whose job responsibilities include provid-
ing for the custody of incarcerated individuals.
‘‘(3) The circumstance referred to in paragraph (1) is that—
‘‘(A) the correctional officer is engaged in transporting the
incarcerated person interstate; or
‘‘(B) the incarcerated person is incarcerated pursuant to
a conviction for an offense against the United States.’’.
(b) TECHNICAL AMENDMENT.—The chapter analysis for chapter
51 of title 18, United States Code, as amended by section 60012(b),
is amended by adding at the end the following new item:
‘‘1121. Killing persons aiding Federal investigations or State correctional officers.’’.
SEC. 60016. PROTECTION OF COURT OFFICERS AND JURORS.
Section 1503 of title 18, United States Code, is amended—
(1) by inserting ‘‘(a)’’ before ‘‘Whoever’’;
(2) 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).’’;
(3) by adding at the end the following new subsection:
‘‘(b) The punishment for an offense under this section is—
H. R. 3355—180
‘‘(1) in the case of a killing, the punishment provided in
sections 1111 and 1112;
‘‘(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 20 years, a fine under this title, or both; and
‘‘(3) in any other case, imprisonment for not more than
10 years, a fine under this title, or both.’’; and
(4) in subsection (a), as designated by paragraph (1), by
striking ‘‘commissioner’’ each place it appears and inserting
‘‘magistrate judge’’.
SEC. 60017. 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 after the section heading the following
new subsection:
‘‘(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) providing to a law enforcement officer 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,
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; and
‘‘(B) in the case of an attempt, imprisonment for not more
than 20 years.’’.
SEC. 60018. 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),
the death penalty or imprisonment for life, and in the case
of any other killing, the punishment provided in section 1112;’’.
SEC. 60019. OFFENSES OF VIOLENCE AGAINST MARITIME NAVIGATION
OR FIXED PLATFORMS.
(a) IN GENERAL.—Chapter 111 of title 18, United States Code,
is amended by adding at the end the following new sections:
‘‘§ 2280. Violence against maritime navigation
‘‘(a) OFFENSES.—
‘‘(1) IN
GENERAL.—A person who unlawfully and inten-
tionally—
‘‘(A) seizes or exercises control over a ship by force
or threat thereof or any other form of intimidation;
‘‘(B) 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;
H. R. 3355—181
‘‘(C) destroys a ship or causes damage to a ship or
to its cargo which is likely to endanger the safe navigation
of that ship;
‘‘(D) 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;
‘‘(E) destroys or seriously damages maritime naviga-
tional facilities or seriously interferes with their operation,
if such act is likely to endanger the safe navigation of
a ship;
‘‘(F) communicates information, knowing the informa-
tion to be false and under circumstances in which such
information may reasonably be believed, thereby endanger-
ing the safe navigation of a ship;
‘‘(G) injures or kills any person in connection with
the commission or the attempted commission of any of
the offenses set forth in subparagraphs (A) through (F);
or
‘‘(H) attempts to do any act prohibited under subpara-
graphs (A) through (G),
shall be fined under this title, imprisoned not more than 20
years, or both; and if the death of any person results from
conduct prohibited by this paragraph, shall be punished by
death or imprisoned for any term of years or for life.
‘‘(2) THREAT TO NAVIGATION.—A person who threatens to
do any act prohibited under paragraph (1) (B), (C) or (E),
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, imprisoned not more than 5 years, or both.
‘‘(b) JURISDICTION.—There is jurisdiction over the activity
prohibited in subsection (a)—
‘‘(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 and the activity is not
prohibited as a crime by the State in which the activity
takes place; or
‘‘(iii) the activity takes place on a ship flying the
flag of a foreign country or outside the United States,
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
H. R. 3355—182
‘‘(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.
‘‘(c) BAR TO PROSECUTION.—It is a bar to Federal prosecution
under subsection (a) for conduct that occurred within the United
States that the conduct involved was during or in relation to a
labor dispute, and such conduct is prohibited as a felony under
the law of the State in which it was committed. For purposes
of this section, the term ‘labor dispute’ has the meaning set forth
in section 2(c) of the Norris-LaGuardia Act, as amended (29 U.S.C.
113(c)).
‘‘(d) DELIVERY OF SUSPECTED OFFENDER.—The master of a cov-
ered ship flying the flag of the United States who has reasonable
grounds to believe that there is on board that 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 appro-
priate manner the Attorney General of the United States of the
alleged offense and await instructions from the Attorney General
as to what action to take. When delivering the person to a country
which is a State Party to the Convention, the master shall, when-
ever practicable, and if possible before entering the territorial sea
of such country, notify the authorities of such country of the master’s
intention to deliver such person and the reasons therefor. If the
master delivers such person, the master shall furnish to the authori-
ties of such country the evidence in the master’s possession that
pertains to the alleged offense.
‘‘(e) DEFINITIONS.—In this section—
‘‘ ‘covered ship’ means a ship that is navigating or is sched-
uled 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.
‘‘ ‘national of the United States’ has the meaning stated
in section 101(a)(22) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(22)).
‘‘ ‘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 inter-
national law.
‘‘ ‘ship’ means a vessel of any type whatsoever not perma-
nently attached to the sea-bed, including dynamically supported
craft, submersibles or any other floating craft, but 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.
‘‘ ‘United States’, when used in a geographical sense,
includes the Commonwealth of Puerto Rico, the Commonwealth
of the Northern Mariana Islands and all territories and posses-
sions of the United States.
‘‘§ 2281. Violence against maritime fixed platforms
‘‘(a) OFFENSES.—
‘‘(1) IN
GENERAL.—A person who unlawfully and inten-
tionally—
H. R. 3355—183
‘‘(A) seizes or exercises control over a fixed platform
by force or threat thereof or any other form of intimidation;
‘‘(B) performs an act of violence against a person on
board a fixed platform if that act is likely to endanger
its safety;
‘‘(C) destroys a fixed platform or causes damage to
it which is likely to endanger its safety;
‘‘(D) 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;
‘‘(E) injures or kills any person in connection with
the commission or the attempted commission of any of
the offenses set forth in subparagraphs (A) through (D);
or
‘‘(F) attempts to do anything prohibited under subpara-
graphs (A) through (E),
shall be fined under this title, imprisoned not more than 20
years, or both; and if death results to any person from conduct
prohibited by this paragraph, shall be punished by death or
imprisoned for any term of years or for life.
‘‘(2) THREAT TO SAFETY.—A person who threatens to do
anything prohibited under paragraph (1) (B) or (C), with appar-
ent 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, imprisoned not
more than 5 years, or both.
‘‘(b) JURISDICTION.—There is jurisdiction over the activity
prohibited in subsection (a) 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.
‘‘(c) BAR TO PROSECUTION.—It is a bar to Federal prosecution
under subsection (a) for conduct that occurred within the United
States that the conduct involved was during or in relation to a
labor dispute, and such conduct is prohibited as a felony under
the law of the State in which it was committed. For purposes
of this section, the term ‘labor dispute’ has the meaning set forth
in section 2(c) of the Norris-LaGuardia Act, as amended (29 U.S.C.
113(c)).
‘‘(d) DEFINITIONS.—In this section—
H. R. 3355—184
‘‘ ‘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.
‘‘ ‘fixed platform’ means an artificial island, installation
or structure permanently attached to the sea-bed for the pur-
pose of exploration or exploitation of resources or for other
economic purposes.
‘‘ ‘national of the United States’ has the meaning stated
in section 101(a)(22) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(22)).
‘‘ ‘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 inter-
national law.
‘‘ ‘United States’, when used in a geographical sense,
includes the Commonwealth of Puerto Rico, the Commonwealth
of the Northern Mariana Islands and all territories and posses-
sions of the United States.’’.
(b) TECHNICAL AMENDMENT.—The chapter analysis for chapter
111 of title 18, United States Code, is amended by adding at
the end the following new items:
‘‘2280. Violence against maritime navigation.
‘‘2281. Violence against maritime fixed platforms.’’.
(c) EFFECTIVE DATES.—This section and the amendments made
by 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 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 become a party to that Protocol.
SEC. 60020. TORTURE.
Section 2340A(a) of title 18, United States Code, is amended
by inserting ‘‘punished by death or’’ before ‘‘imprisoned for any
term of years or for life.’’.
SEC. 60021. VIOLENCE AT AIRPORTS SERVING INTERNATIONAL CIVIL
AVIATION.
(a) OFFENSE.—Chapter 2 of title 18, United States Code, as
amended by section 60008(b), is amended by adding at the end
the following new section:
‘‘§ 37. Violence at international airports
‘‘(a) OFFENSE.—A person who 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 that causes or is
likely to cause serious bodily injury (as defined in section 1365
of this title) or death; or
H. R. 3355—185
‘‘(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, imprisoned not more than 20 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) JURISDICTION.—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 the United
States and the offender is later found in the United States.
‘‘(c) It is a bar to Federal prosecution under subsection (a)
for conduct that occurred within the United States that the conduct
involved was during or in relation to a labor dispute, and such
conduct is prohibited as a felony under the law of the State in
which it was committed. For purposes of this section, the term
‘labor dispute’ has the meaning set forth in section 2(c) of the
Norris-LaGuardia Act, as amended (29 U.S.C. 113(c)).
(b) TECHNICAL AMENDMENT.—The chapter analysis for chapter
2 of title 18, United States Code, as amended by section 60008(c),
is amended by adding at the end the following new item:
‘‘37. Violence at international airports.’’.
(c) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on the later of—
(1) the date of enactment of this Act; or
(2) the date on which 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 Avia-
tion, done at Montreal on 23 September 1971, has come into
force and the United States has become a party to the Protocol.
SEC. 60022. TERRORIST DEATH PENALTY ACT.
Section 2332(a)(1) of title 18, United States Code is amended
to read as follows:
‘‘(1) if the killing is murder (as defined in section 1111(a)),
be fined under this title, punished by death or imprisonment
for any term of years or for life, or both;’’.
SEC. 60023. WEAPONS OF MASS DESTRUCTION.
(a) OFFENSE.—Chapter 113A of title 18, United States Code,
is amended by inserting after section 2332 the following new section:
‘‘§ 2332a. Use of weapons of mass destruction
‘‘(a) OFFENSE.—A person who 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,
H. R. 3355—186
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) DEFINITIONS.—For purposes of this section—
‘‘(1) the term ‘national of the United States’ has the mean-
ing given in section 101(a)(22) of the Immigration and National-
ity 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.’’.
(b) TECHNICAL AMENDMENT.—The chapter analysis for chapter
113A of title 18, United States Code, is amended by inserting
after the item relating to section 2332 the following:
‘‘2332a. Use of weapons of mass destruction.’’.
SEC. 60024. ENHANCED PENALTIES FOR ALIEN SMUGGLING.
Section 274(a) of the Immigration and Nationality Act (8 U.S.C.
1324(a)) is amended—
(1) in paragraph (1)—
(A) by striking ‘‘(1) Any person’’ and inserting ‘‘(1)(A)
Any person’’;
(B) by striking ‘‘(A) knowing’’ and inserting ‘‘(i) know-
ing’’;
(C) by striking ‘‘(B) knowing’’ and inserting ‘‘(ii) know-
ing’’;
(D) by striking ‘‘(C) knowing’’ and inserting ‘‘(iii) know-
ing’’;
(E) by striking ‘‘(D) encourages’’ and inserting ‘‘(iv)
encourages’’;
(F) by striking ‘‘shall be fined in accordance with title
18, or imprisoned not more than five years, or both, for
each alien in respect to whom any violation of this para-
graph occurs’’ and inserting ‘‘shall be punished as provided
in subparagraph (B)’’; and
(G) by adding at the end the following new subpara-
graph:
‘‘(B) A person who violates subparagraph (A) shall, for each
alien in respect to whom such a violation occurs—
‘‘(i) in the case of a violation of subparagraph (A)(i), be
fined under title 18, United States Code, imprisoned not more
than 10 years, or both;
‘‘(ii) in the case of a violation of subparagraph (A) (ii),
(iii), or (iv), be fined under title 18, United States Code, impris-
oned not more than 5 years, or both;
‘‘(iii) in the case of a violation of subparagraph (A) (i),
(ii), (iii), or (iv) during and in relation to which the person
causes serious bodily injury (as defined in section 1365 of
title 18, United States Code) to, or places in jeopardy the
life of, any person, be fined under title 18, United States
Code, imprisoned not more than 20 years, or both; and
‘‘(iv) in the case of a violation of subparagraph (A) (i),
(ii), (iii), or (iv) resulting in the death of any person, be punished
H. R. 3355—187
by death or imprisoned for any term of years or for life, fined
under title 18, United States Code, or both.’’; and
(2) in paragraph (2) by striking ‘‘or imprisoned not more
than five years, or both’’ and inserting ‘‘or in the case of a
violation of subparagraph (B)(ii), imprisoned not more than
10 years, or both; or in the case of a violation of subparagraph
(B)(i) or (B)(iii), imprisoned not more than 5 years, or both.’’.
SEC. 60025. 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. 60026. APPOINTMENT OF COUNSEL.
Section 3005 of title 18, United States Code, is amended by
striking ‘‘learned in the law’’ and all that follows through ‘‘He
shall’’ and inserting ‘‘; and the court before which the defendant
is to be tried, or a judge thereof, shall promptly, upon the defend-
ant’s request, assign 2 such counsel, of whom at least 1 shall
be learned in the law applicable to capital cases, and who shall
have free access to the accused at all reasonable hours. In assigning
counsel under this section, the court shall consider the recommenda-
tion of the Federal Public Defender organization, or, if no such
organization exists in the district, of the Administrative Office
of the United States Courts. The defendant shall’’.
TITLE VII—MANDATORY LIFE IMPRIS-
ONMENT FOR PERSONS CONVICTED
OF CERTAIN FELONIES
SEC. 70001. MANDATORY LIFE IMPRISONMENT FOR PERSONS CON-
VICTED OF CERTAIN FELONIES.
Section 3559 of title 18, United States Code, is amended—
(1) in subsection (b), by striking ‘‘An’’ and inserting ‘‘Except
as provided in subsection (c), an’’ in lieu thereof; and
(2) by adding the following new subsection at the end:
‘‘(c) IMPRISONMENT OF CERTAIN VIOLENT FELONS.—
‘‘(1) MANDATORY
LIFE
IMPRISONMENT.—Notwithstanding
any other provision of law, a person who is convicted in a
court of the United States of a serious violent felony shall
be sentenced to life imprisonment if—
‘‘(A) the person has been convicted (and those convic-
tions have become final) on separate prior occasions in
a court of the United States or of a State of—
‘‘(i) 2 or more serious violent felonies; or
‘‘(ii) one or more serious violent felonies and one
or more serious drug offenses; and
‘‘(B) each serious violent felony or serious drug offense
used as a basis for sentencing under this subsection, other
than the first, was committed after the defendant’s convic-
tion of the preceding serious violent felony or serious drug
offense.
H. R. 3355—188
‘‘(2) DEFINITIONS.—For purposes of this subsection—
‘‘(A) the term ‘assault with intent to commit rape’
means an offense that has as its elements engaging in
physical contact with another person or using or brandish-
ing a weapon against another person with intent to commit
aggravated sexual abuse or sexual abuse (as described
in sections 2241 and 2242);
‘‘(B) the term ‘arson’ means an offense that has as
its elements maliciously damaging or destroying any build-
ing, inhabited structure, vehicle, vessel, or real property
by means of fire or an explosive;
‘‘(C) the term ‘extortion’ means an offense that has
as its elements the extraction of anything of value from
another person by threatening or placing that person in
fear of injury to any person or kidnapping of any person;
‘‘(D) the term ‘firearms use’ means an offense that
has as its elements those described in section 924(c) or
929(a), if the firearm was brandished, discharged, or other-
wise used as a weapon and the crime of violence or drug
trafficking crime during and relation to which the firearm
was used was subject to prosecution in a court of the
United States or a court of a State, or both;
‘‘(E) the term ‘kidnapping’ means an offense that has
as its elements the abduction, restraining, confining, or
carrying away of another person by force or threat of force;
‘‘(F) the term ‘serious violent felony’ means—
‘‘(i) a Federal or State offense, by whatever des-
ignation and wherever committed, consisting of murder
(as described in section 1111); manslaughter other than
involuntary manslaughter (as described in section
1112); assault with intent to commit murder (as
described in section 113(a)); assault with intent to com-
mit rape; aggravated sexual abuse and sexual abuse
(as described in sections 2241 and 2242); abusive sex-
ual contact (as described in sections 2244 (a)(1) and
(a)(2)); kidnapping; aircraft piracy (as described in sec-
tion 46502 of Title 49); robbery (as described in section
2111, 2113, or 2118); carjacking (as described in section
2119); extortion; arson; firearms use; or attempt,
conspiracy, or solicitation to commit any of the above
offenses; and
‘‘(ii) any other offense punishable by a maximum
term of imprisonment of 10 years or more that has
as an element the use, attempted use, or threatened
use of physical force against the person of another
or that, by its nature, involves a substantial risk that
physical force against the person of another may be
used in the course of committing the offense;
‘‘(G) the term ‘State’ means a State of the United
States, the District of Columbia, and a commonwealth,
territory, or possession of the United States; and
‘‘(H) the term ‘serious drug offense’ means—
‘‘(i) an offense that is punishable under section
401(b)(1)(A) or 408 of the Controlled Substances Act
(21 U.S.C. 841(b)(1)(A), 848) or section 1010(b)(1)(A)
of the Controlled Substances Import and Export Act
(21 U.S.C. 960(b)(1)(A)); or
H. R. 3355—189
‘‘(ii) an offense under State law that, had the
offense been prosecuted in a court of the United States,
would have been punishable under section 401(b)(1)(A)
or 408 of the Controlled Substances Act (21 U.S.C.
841(b)(1)(A), 848) or section 1010(b)(1)(A) of the Con-
trolled Substances Import and Export Act (21 U.S.C.
960(b)(1)(A)).
‘‘(3) NONQUALIFYING FELONIES.—
‘‘(A) ROBBERY IN CERTAIN CASES.—Robbery, an attempt,
conspiracy, or solicitation to commit robbery; or an offense
described in paragraph (2)(F)(ii) shall not serve as a basis
for sentencing under this subsection if the defendant estab-
lishes by clear and convincing evidence that—
‘‘(i) no firearm or other dangerous weapon was
used in the offense and no threat of use of a firearm
or other dangerous weapon was involved in the offense;
and
‘‘(ii) the offense did not result in death or serious
bodily injury (as defined in section 1365) to any person.
‘‘(B) ARSON IN CERTAIN CASES.—Arson shall not serve
as a basis for sentencing under this subsection if the
defendant establishes by clear and convincing evidence
that—
‘‘(i) the offense posed no threat to human life;
and
‘‘(ii) the defendant reasonably believed the offense
posed no threat to human life.
‘‘(4) INFORMATION FILED BY UNITED STATES ATTORNEY.—
The provisions of section 411(a) of the Controlled Substances
Act (21 U.S.C. 851(a)) shall apply to the imposition of sentence
under this subsection.
‘‘(5) RULE
OF
CONSTRUCTION.—This subsection shall not
be construed to preclude imposition of the death penalty.
‘‘(6) SPECIAL PROVISION FOR INDIAN COUNTRY.—No person
subject to the criminal jurisdiction of an Indian tribal govern-
ment shall be subject to this subsection for any offense for
which Federal jurisdiction is solely predicated on Indian country
(as defined in section 1151) and which occurs within the bound-
aries of such Indian country unless the governing body of
the tribe has elected that this subsection have effect over land
and persons subject to the criminal jurisdiction of the tribe.
‘‘(7) RESENTENCING UPON OVERTURNING OF PRIOR CONVIC-
TION.—If the conviction for a serious violent felony or serious
drug offense that was a basis for sentencing under this sub-
section is found, pursuant to any appropriate State or Federal
procedure, to be unconstitutional or is vitiated on the explicit
basis of innocence, or if the convicted person is pardoned on
the explicit basis of innocence, the person serving a sentence
imposed under this subsection shall be resentenced to any
sentence that was available at the time of the original
sentencing.’’.
SEC. 70002. LIMITED GRANT OF AUTHORITY TO BUREAU OF PRISONS.
Section 3582(c)(1)(A) of title 18, United States Code, is
amended—
H. R. 3355—190
(1) so that the margin of the matter starting with ‘‘extraor-
dinary’’ and ending with ‘‘reduction’’ the first place it appears
is indented an additional two ems;
(2) by inserting a one-em dash after ‘‘that’’ the second
place it appears;
(3) by inserting a semicolon after ‘‘reduction’’ the first place
it appears;
(4) by indenting the first line of the matter referred to
in paragraph (1) and designating that matter as clause (i);
and
(5) by inserting after such matter the following:
‘‘(ii) the defendant is at least 70 years of age,
has served at least 30 years in prison, pursuant to
a sentence imposed under section 3559(c), for the
offense or offenses for which the defendant is currently
imprisoned, and a determination has been made by
the Director of the Bureau of Prisons that the defend-
ant is not a danger to the safety of any other person
or the community, as provided under section 3142(g);’’.
TITLE VIII—APPLICABILITY OF MANDA-
TORY MINIMUM PENALTIES IN CER-
TAIN CASES
SEC. 80001. LIMITATION ON APPLICABILITY OF MANDATORY MINIMUM
PENALTIES IN CERTAIN CASES.
(a) IN GENERAL.—Section 3553 of title 18, United States Code,
is amended by adding at the end the following new subsection:
‘‘(f) LIMITATION
ON APPLICABILITY
OF STATUTORY MINIMUMS
IN CERTAIN CASES.—Notwithstanding any other provision of law,
in the case of an offense under section 401, 404, or 406 of the
Controlled Substances Act (21 U.S.C. 841, 844, 846) or section
1010 or 1013 of the Controlled Substances Import and Export
Act (21 U.S.C. 961, 963), the court shall impose a sentence pursuant
to guidelines promulgated by the United States Sentencing Commis-
sion under section 994 of title 28 without regard to any statutory
minimum sentence, if the court finds at sentencing, after the
Government has been afforded the opportunity to make a rec-
ommendation, that—
‘‘(1) the defendant does not have more than 1 criminal
history point, as determined under the sentencing guidelines;
‘‘(2) the defendant did not use violence or credible threats
of violence or possess a firearm or other dangerous weapon
(or induce another participant to do so) in connection with
the offense;
‘‘(3) the offense did not result in death or serious bodily
injury to any person;
‘‘(4) the defendant was not an organizer, leader, manager,
or supervisor of others in the offense, as determined under
the sentencing guidelines and was not engaged in a continuing
criminal enterprise, as defined in 21 U.S.C. 848; and
‘‘(5) not later than the time of the sentencing hearing,
the defendant has truthfully provided to the Government all
information and evidence the defendant has concerning the
offense or offenses that were part of the same course of conduct
H. R. 3355—191
or of a common scheme or plan, but the fact that the defendant
has no relevant or useful other information to provide or that
the Government is already aware of the information shall not
preclude a determination by the court that the defendant has
complied with this requirement.
(b) SENTENCING COMMISSION AUTHORITY.—
(1) IN
GENERAL.—(A) The United States Sentencing
Commission (referred to in this subsection as the ‘‘Commis-
sion’’), under section 994(a)(1) and (p) of title 28—
(i) shall promulgate guidelines, or amendments to
guidelines, to carry out the purposes of this section and
the amendment made by this section; and
(ii) may promulgate policy statements, or amendments
to policy statements, to assist in the application of this
section and that amendment.
(B) In the case of a defendant for whom the statutorily
required minimum sentence is 5 years, such guidelines and
amendments to guidelines issued under subparagraph (A) shall
call for a guideline range in which the lowest term of imprison-
ment is at least 24 months.
(2) PROCEDURES.—If the Commission determines that it
is necessary to do so in order that the amendments made
under paragraph (1) may take effect on the effective date of
the amendment made by subsection (a), the Commission may
promulgate the amendments made under paragraph (1) in
accordance with the procedures set forth in section 21(a) of
the Sentencing Act of 1987, as though the authority under
that section had not expired.
(c) EFFECTIVE DATE AND APPLICATION.—The amendment made
by subsection (a) shall apply to all sentences imposed on or after
the 10th day beginning after the date of enactment of this Act.
TITLE IX—DRUG CONTROL
Subtitle A—Enhanced Penalties and
General Provisions
SEC. 90101. ENHANCEMENT OF PENALTIES FOR DRUG TRAFFICKING
IN PRISONS.
Section 1791 of title 18, United States Code, is amended—
(1) in subsection (c), by inserting before ‘‘Any’’ the following
new sentence: ‘‘Any punishment imposed under subsection (b)
for a violation of this section involving a controlled substance
shall be consecutive to any other sentence imposed by any
court for an offense involving such a controlled substance.’’;
(2) in subsection (d)(1)(A), by inserting after ‘‘a firearm
or destructive device’’ the following: ‘‘or a controlled substance
in schedule I or II, other than marijuana or a controlled sub-
stance referred to in subparagraph (C) of this subsection’’;
(3) in subsection (d)(1)(B), by inserting before ‘‘ammuni-
tion,’’ the following: ‘‘marijuana or a controlled substance in
schedule III, other than a controlled substance referred to in
subparagraph (C) of this subsection,’’;
H. R. 3355—192
(4) in subsection (d)(1)(C), by inserting ‘‘methamphetamine,
its salts, isomers, and salts of its isomers,’’ after ‘‘a narcotic
drug,’’;
(5) in subsection (d)(1)(D), by inserting ‘‘(A), (B), or’’ before
‘‘(C)’’; and
(6) in subsection (b), by striking ‘‘(c)’’ each place it appears
and inserting ‘‘(d)’’.
SEC. 90102. INCREASED PENALTIES FOR DRUG-DEALING IN ‘‘DRUG-
FREE’’ ZONES.
Pursuant to its authority under section 994 of title 28, United
States Code, the United States Sentencing Commission shall amend
its sentencing guidelines to provide an appropriate enhancement
for a defendant convicted of violating section 419 of the Controlled
Substances Act (21 U.S.C. 860).
SEC. 90103. ENHANCED PENALTIES FOR ILLEGAL DRUG USE IN FED-
ERAL PRISONS AND FOR SMUGGLING DRUGS INTO
FEDERAL PRISONS.
(a) DECLARATION OF POLICY.—It is the policy of the Federal
Government that the use or distribution of illegal drugs in the
Nation’s Federal prisons will not be tolerated and that such crimes
shall be prosecuted to the fullest extent of the law.
(b) SENTENCING GUIDELINES.—Pursuant to its authority under
section 994 of title 28, United States Code, the United States
Sentencing Commission shall amend its sentencing guidelines to
appropriately enhance the penalty for a person convicted of an
offense—
(1) under section 404 of the Controlled Substances Act
involving simple possession of a controlled substance within
a Federal prison or other Federal detention facility; or
(2) under section 401(b) of the Controlled Substances Act
involving the smuggling of a controlled substance into a Federal
prison or other Federal detention facility or the distribution
or intended distribution of a controlled substance within a
Federal prison or other Federal detention facility.
(c) NO PROBATION.—Notwithstanding any other law, the court
shall not sentence a person convicted of an offense described in
subsection (b) to probation.
SEC. 90104. CLARIFICATION OF NARCOTIC OR OTHER DANGEROUS
DRUGS UNDER RICO.
Section 1961(1) of title 18, United States Code, is amended
by striking ‘‘narcotic or other dangerous drugs’’ each place it appears
and inserting ‘‘a controlled substance or listed chemical (as defined
in section 102 of the Controlled Substances Act)’’.
SEC. 90105. CONFORMING AMENDMENTS TO RECIDIVIST PENALTY
PROVISIONS OF THE CONTROLLED SUBSTANCES ACT
AND THE CONTROLLED SUBSTANCES IMPORT AND
EXPORT ACT.
(a) Sections 401(b)(1) (B), (C), and (D) of the Controlled Sub-
stances Act (21 U.S.C. 841(b)(1) (B), (C), and (D)) and sections
1010(b) (1), (2), and (3) of the Controlled Substances Import and
Export Act (21 U.S.C. 960(b) (1), (2), and (3)) are each amended
in the sentence or sentences beginning ‘‘If any person commits’’
by striking ‘‘one or more prior convictions’’ through ‘‘have become
H. R. 3355—193
final’’ and inserting ‘‘a prior conviction for a felony drug offense
has become final’’.
(b) Section 1012(b) of the Controlled Substances Import and
Export Act (21 U.S.C. 962(b)) is amended by striking ‘‘one or more
prior convictions of him for a felony under any provision of this
title or title II or other law of a State, the United States, or
a foreign country relating to narcotic drugs, marihuana, or depres-
sant or stimulant drugs, have become final’’ and inserting ‘‘one
or more prior convictions of such person for a felony drug offense
have become final’’.
(c) Section 401(b)(1)(A) of the Controlled Substances Act (21
U.S.C. 841(b)(1)(A)) is amended by striking the sentence beginning
‘‘For purposes of this subparagraph, the term ‘felony drug offense’
means’’.
(d) Section 102 of the Controlled Substances Act (21 U.S.C.
802) is amended by adding at the end the following new paragraph:
‘‘(43) The term ‘felony drug offense’ means an offense that
is punishable by imprisonment for more than one year under any
law of the United States or of a State or foreign country that
prohibits or restricts conduct relating to narcotic drugs, marihuana,
or depressant or stimulant substances.’’.
SEC. 90106. ADVERTISING.
Section 403 of the Controlled Substances Act (21 U.S.C. 843)
is amended—
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following new sub-
section:
‘‘(c) It shall be unlawful for any person to place in any news-
paper, magazine, handbill, or other publications, any written
advertisement knowing that it has the purpose of seeking or offering
illegally to receive, buy, or distribute a Schedule I controlled sub-
stance. As used in this section the term ‘advertisement’ includes,
in addition to its ordinary meaning, such advertisements as those
for a catalog of Schedule I controlled substances and any similar
written advertisement that has the purpose of seeking or offering
illegally to receive, buy, or distribute a Schedule I controlled sub-
stance. The term ‘advertisement’ does not include material which
merely advocates the use of a similar material, which advocates
a position or practice, and does not attempt to propose or facilitate
an actual transaction in a Schedule I controlled substance.’’.
SEC. 90107. VIOLENT CRIME AND DRUG EMERGENCY AREAS.
(a) DEFINITIONS.—In this section—
‘‘major violent crime or drug-related emergency’’ means
an occasion or instance in which violent crime, drug smuggling,
drug trafficking, or drug abuse violence reaches such levels,
as determined by the President, that Federal assistance is
needed to supplement State and local efforts and capabilities
to save lives, and to protect property and public health and
safety.
‘‘State’’ means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin
Islands, American Samoa, Guam, and the Northern Mariana
Islands.
(b) DECLARATION OF VIOLENT CRIME AND DRUG EMERGENCY
AREAS.—If a major violent crime or drug-related emergency exists