I
103D CONGRESS
1ST SESSION
H. R. 382
To reform procedures for the imposition of capital punishment, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 5, 1993
Mr. SOLOMON introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To reform procedures for the imposition of capital
punishment, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Capital Punishment
Procedures Act of 1993’’.
SEC. 2. DEATH PENALTY PROCEDURES.
(a) IN GENERAL.—Title 18 of the United States
Code is amended by inserting after chapter 227 the follow-
ing:
‘‘CHAPTER 228—DEATH PENALTY PROCEDURES
‘‘Sec.
‘‘3591. Sentence of death.
‘‘3592. Factors to be considered in determining whether a sentence of death is
justified.
‘‘3593. Special hearing to determine whether a sentence of death is justified.
‘‘3594. Imposition of a sentence of death.
‘‘3595. Review of a sentence of death.
‘‘3596. Implementation of a sentence of death.
‘‘3597. Use of State facilities.
‘‘§ 3591. Sentence of death
‘‘A defendant who has been found guilty of—
‘‘(1) an offense described in section 794 or sec-
tion 2381 of this title;
‘‘(2) an offense described in section 1751(c) of
this title, if the offense, as determined beyond a rea-
sonable doubt at a hearing under section 3593, con-
stitutes an attempt to murder the President of the
United States and results in bodily injury to the
President or comes dangerously close to causing the
death of the President; or
‘‘(3) any other offense for which a sentence of
death is provided, if the defendant, as determined
beyond a reasonable doubt at a hearing under sec-
tion 3593 either—
‘‘(A) intentionally killed the victim;
‘‘(B) intentionally participated in an act,
contemplating that the life of a person would be
taken or intending that lethal force would be
used in connection with a person, other than
one of the participants in the offense, and the
victim died as a direct result of the act; or
‘‘(C) intentionally and significantly partici-
pated in an act, knowing that the act created
a grave risk of death to a person, other than
one of the participants in the offense, such that
participation in the act constituted a reckless
disregard for human life, and the victim died as
a direct result of the act;
shall be sentenced to death if, after consideration of
the factors set forth in section 3592 of this title in
the course of a hearing held pursuant to section
3593 of this title, it is determined that imposition of
a sentence of death is justified. However, no person
may be sentenced to death who was less than 18
years of age at the time of the offense.
‘‘§ 3592. Factors to be considered in determining
whether a sentence of death is justified.
‘‘(a) MITIGATING FACTORS.—In determining wheth-
er a sentence of death is justified for any offense, the jury,
or if there is no jury, the court, shall consider each of
the following mitigating factors and determine which, if
any, exist:
‘‘(1) MENTAL
CAPACITY.—The defendant’s
mental capacity was significantly impaired, although
the impairment was not such as to constitute a de-
fense to prosecution.
‘‘(2) DURESS.—The defendant was under un-
usual and substantial duress, although not such du-
ress as would constitute a defense to prosecution.
‘‘(3) PARTICIPATION IN OFFENSE MINOR.—The
defendant was an accomplice whose participation in
the offense was relatively minor.
The jury, or if there is no jury, the court, shall consider
whether any other mitigating factor exists.
‘‘(b) AGGRAVATING FACTORS FOR ESPIONAGE AND
TREASON.—In determining whether a sentence of death
is justified for an offense described in section 3591(a), the
jury, or if there is no jury, the court, shall consider each
of the following aggravating factors and determine which,
if any, exist:
‘‘(1) PREVIOUS ESPIONAGE OR TREASON CON-
VICTION.—The defendant has previously been con-
victed of another offense involving espionage or trea-
son for which a sentence of life imprisonment or
death was authorized by statute.
‘‘(2) RISK OF SUBSTANTIAL DANGER TO NA-
TIONAL SECURITY.—In the commission of the of-
fense the defendant knowingly created a grave risk
of substantial danger to the national security.
‘‘(3) RISK
OF
DEATH
OF
ANOTHER.—In the
commission of the offense the defendant knowingly
created a grave risk of death to another person.
The jury, or if there is no jury, the court, may consider
whether any other aggravating factor exists.
‘‘(c) AGGRAVATING FACTORS FOR HOMICIDE AND
FOR ATTEMPTED MURDER OF THE PRESIDENT.—In de-
termining whether a sentence of death is justified for an
offense described in section 3591 (b) or (c), the jury, or
if there is no jury, the court, shall consider each of the
following aggravating factors and determine which, if any,
exist:
‘‘(1) DEATH
OCCURRED
DURING
COMMISSION
OF ANOTHER CRIME.—The death occurred during
the commission or attempted commission of, or dur-
ing the immediate flight from the commission of, an
offense under section 751 (prisoners in custody of
institution or officer), section 794 (gathering or de-
livering defense information to aid foreign govern-
ment), section 844(d) (transportation of explosives
in interstate commerce for certain purposes), section
844(f) (destruction of Government property by ex-
plosives), section 1118 (prisoners serving life term),
section 1201 (kidnaping), or section 2381 (treason)
of this title, section 1826 of title 28 (persons in cus-
tody as recalcitrant witnesses or hospitalized follow-
ing a finding of not guilty only by reason of insan-
ity), or section 902 (i) or (n) of the Federal Aviation
Act of 1958 (49 U.S.C. App. 1472 (i) or (n) (air-
craft piracy)).
‘‘(2) PREVIOUS CONVICTION OF OFFENSE FOR
WHICH A SENTENCE OF DEATH OR LIFE IMPRISON-
MENT WAS AUTHORIZED.—The defendant has pre-
viously been convicted of another Federal or State
offense resulting in the death of a person, for which
a sentence of life imprisonment or death was author-
ized by statute.
‘‘(3) PREVIOUS CONVICTION OF OTHER SERI-
OUS OFFENSES.—The defendant has previously been
convicted of two or more Federal or State offenses,
each punishable by a term of imprisonment of more
than one year, committed on different occasions, in-
volving controlled substances or the infliction of, or
attempted infliction of, serious bodily injury or death
upon another person.
‘‘(4) GRAVE RISK OF DEATH TO ADDITIONAL
PERSONS.—The defendant, in the commission of the
offense, knowingly created a grave risk of death to
one or more persons in addition to the victim of the
offense.
‘‘(5) HEINOUS, CRUEL, OR DEPRAVED MANNER
OF COMMISSION.—The defendant committed the of-
fense in an especially heinous, cruel, or depraved
manner.
‘‘(6) PROCUREMENT OF THE OFFENSE BY PAY-
MENT.—The defendant procured the commission of
the offense by payment, or promise of payment, of
anything of pecuniary value.
‘‘(7) COMMISSION OF THE OFFENSE FOR PAY-
MENT.—The defendant committed the offense as
consideration for the receipt, or in the expectation of
the receipt, of anything of pecuniary value.
‘‘(8) 
SUBSTANTIAL
PLANNING
AND
PREMEDITATION.—The defendant committed the of-
fense after substantial planning and premeditation.
‘‘(9) VULNERABILITY OF VICTIM.—The victim
was particularly vulnerable due to old age, youth, or
infirmity.
‘‘(10) TYPE OF VICTIM.—
‘‘(A) IN GENERAL.—The defendant com-
mitted the offense against—
‘‘(i) the President of the United
States, the President-elect, the Vice Presi-
dent, the Vice-President-elect, the Vice-
President-designate, or, if there is no Vice
President, the officer next in order of suc-
cession to the office of the President of the
United States, or any person who is acting
as President under the Constitution and
laws of the United States;
‘‘(ii) a chief of state, head of govern-
ment, or the political equivalent, of a for-
eign nation;
‘‘(iii) a foreign official listed in section
1116(b)(3)(A) of this title, if that official
is in the United States on official business;
or
‘‘(iv) a public servant who is a Fed-
eral judge, a Federal law enforcement offi-
cer, an employee (including a volunteer or
contract employee) of a Federal prison, or
an official of the Federal Bureau of Pris-
ons—
‘‘(I) while that public servant is
engaged in the performance of official
duties;
‘‘(II) because of the performance
of that public servant’s official duties;
or
‘‘(III) because of that public
servant’s status as a public servant.
‘‘(B) DEFINITIONS.—For purposes of sub-
paragraph (A) of this paragraph—
‘‘(i) the term ‘Federal law enforce-
ment officer’ means a public servant au-
thorized by law or by a Government agency
or Congress to conduct or engage in the
prevention, investigation, or prosecution of
an offense;
‘‘(ii) the term ‘Federal prison’ means
a Federal correctional, detention, or penal
facility, Federal community treatment cen-
ter, or Federal halfway house, or any such
prison operated under contract with the
Federal Government; and
‘‘(iii) the term ‘Federal judge’ means
any judicial officer of the United States,
and includes a justice of the Supreme
Court and a magistrate.
The jury, or if there is no jury, the court, may consider
whether any other aggravating factor exists.
‘‘§ 3593. Special hearing to determine whether a sen-
tence of death is justified
‘‘(a) NOTICE BY THE GOVERNMENT.—If, in a case
involving an offense described in section 3591 of this title,
the attorney for the Government believes that the cir-
cumstances of the offense are such that a sentence of
death is justified under this chapter, he shall, a reasonable
time before the trial, or before acceptance by the court
of a plea of guilty, or at such time thereafter as the court
may permit upon a showing of good cause, sign and file
with the court, and serve on the defendant, a notice—
‘‘(1) stating that the Government believes that
the circumstances of the offense are such that, if the
defendant is convicted, a sentence of death is justi-
fied under this chapter; and
‘‘(2) setting forth the aggravating factor or fac-
tors, including a factor or factors not specifically
enumerated in section 3592, that the Government, if
the defendant is convicted, proposes to prove as jus-
tifying a sentence of death.
The court may permit the attorney for the Government
to amend the notice upon a showing of good cause.
‘‘(b) HEARING BEFORE A COURT OR JURY.—If the
attorney for the Government has filed a notice as required
under subsection (a) and the defendant is found guilty of
an offense described in section 3591, the judge who pre-
sided at the trial or before whom the guilty plea was en-
tered, or another judge if that judge is unavailable, shall
conduct a separate sentencing hearing to determine the
punishment to be imposed. Prior to such a hearing, no
presentence report shall be prepared by the United States
Probation Service, notwithstanding the provisions of the
Federal Rules of Criminal Procedure. The hearing shall
be conducted—
‘‘(1) before the jury that determined the de-
fendant’s guilt;
‘‘(2) before a jury impaneled for the purpose of
the hearing if—
‘‘(A) the defendant was convicted upon a
plea of guilty;
‘‘(B) the defendant was convicted after a
trial before the court sitting without a jury;
‘‘(C) the jury that determined the defend-
ant’s guilt was discharged for good cause; or
‘‘(D) after initial imposition of a sentence
under this section, reconsideration of the sen-
tence under the section is necessary; or
‘‘(3) before the court alone, upon motion of the
defendant and with the approval of the attorney for
the Government.
A jury impaneled pursuant to paragraph (2) shall consist
of 12 members, unless, at any time before the conclusion
of the hearing, the parties stipulate, with the approval of
the court, that it shall consist of a lesser number.
‘‘(c) PROOF OF MITIGATING AND AGGRAVATING FAC-
TORS.—At the hearing, information may be presented as
to any matter relevant to the sentence, including any miti-
gating or aggravating factor permitted or required to be
considered under section 3592 of this title. Information
presented may include the trial transcript and exhibits if
the hearing is held before a jury or judge not present dur-
ing the trial. Any other information relevant to a mitigat-
ing or aggravating factor may be presented by either the
attorney for the Government or the defendant, regardless
of its admissibility under the rules governing admission
of evidence at criminal trials, except that information may
be excluded if its probative value is outweighed by the dan-
ger of creating unfair prejudice, confusing the issues, or
misleading the jury. The attorney for the Government and
for the defendant shall be permitted to rebut any informa-
tion received at the hearing, and shall be given fair oppor-
tunity to present argument as to the adequacy of the in-
formation to establish the existence of any aggravating or
mitigating factor, and as to the appropriateness of impos-
ing a sentence of death in the case. The attorney for the
Government shall open the argument. The defendant shall
be permitted to reply. The attorney for the Government
shall then be permitted to reply in rebuttal. The burden
of establishing the existence of an aggravating factor is
on the Government, and is not satisfied unless the exist-
ence 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 informa-
tion received during the hearing. It shall return special
findings with respect to the mitigating and aggravating
factors concerning which information is received at the
hearing, stating—
‘‘(1) whether some mitigating factor required to
be considered under section 3592 exists;
‘‘(2) whether some aggravating factor required
to be considered under section 3592 exists; and
‘‘(3) which specific mitigating or aggravating
factor or factors exist.
A finding under paragraph (1) or (2) that some mitigating
or aggravating factor exists must be unanimous. A finding
under paragraph (3) that a specific mitigating or aggra-
vating factor exists may be made by a majority of at least
nine members of the jury.
‘‘(e) RETURN OF A FINDING CONCERNING A SEN-
TENCE OF DEATH.—If, in the case of—
‘‘(1) an offense described in section 3591(a), an
aggravating factor required to be considered under
section 3592(b) is found to exist; or
‘‘(2) an offense described in section 3591 (b) or
(c), an aggravating factor required to be considered
under section 3592(c) is found to exist;
the jury, or if there is no jury, the court, shall then con-
sider whether the aggravating factor or factors found to
exist sufficiently outweigh all the mitigating 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 return a finding
as to whether a sentence of death is justified.
‘‘(f) SPECIAL PRECAUTION TO ASSURE AGAINST DIS-
CRIMINATION.—In a hearing held before a jury, the court,
prior to the return of a finding under subsection (e) of
this section, shall instruct the jury that, in considering
whether a sentence of death is justified, it shall not con-
sider the race, color, national origin, creed, or sex of the
defendant or of any victim. The jury, upon return of a
finding under subsection (e) of this section, shall also re-
turn to the court a certificate, signed by each juror, that
consideration of the race, color, national origin, creed, or
sex of the defendant or any victim was not involved in
reaching the juror’s individual decision.
‘‘§ 3594. Imposition of a sentence of death
‘‘Upon a finding under section 3593(e) of this title
that a sentence of death is justified, the court shall sen-
tence the defendant to death. Upon finding under section
3593(e) of this title that no aggravating factor required
to be found exists or that a sentence of death is not justi-
fied, the court shall impose any sentence other than death
that is authorized by law.
‘‘§ 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 convic-
tion 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 sen-
tencing hearing;
‘‘(3) the procedure employed in the sentencing
hearing; and
‘‘(4) the special findings returned under section
3593(d) of this title.
‘‘(c) DECISION AND DISPOSITION.—
‘‘(1) If the court of appeals determines that—
‘‘(A) the sentence of death was not im-
posed under the influence of passion, prejudice,
or any other arbitrary factor; and
‘‘(B) the information supports the special
findings of the existence of an aggravating fac-
tor or factors;
it shall affirm the sentence.
‘‘(2) In any other case, the court of appeals
shall remand the case for reconsideration under sec-
tion 3593 or for imposition of another authorized
sentence as appropriate.
‘‘(3) The court of appeals shall state in writing
the reasons for its disposition of an appeal of sen-
tence of death under this section.
‘‘§ 3596. Implementation of sentence of death
‘‘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 At-
torney General shall release the person sentenced to death
to the custody of a United States marshal, who shall su-
pervise implementation of the sentence in the manner pre-
scribed by law of the State in which the sentence is im-
posed. If the law of such State does not provide for imple-
mentation of a sentence of death, the court shall designate
another State, the law of which does so provide, and the
sentence shall be implemented in the manner prescribed
by such law. A sentence of death shall not be carried out
upon a person who lacks the mental capacity to under-
stand the death penalty and why it was imposed on that
person, or upon a woman while she is pregnant.
‘‘§ 3597. Use of State facilities
‘‘A United States marshal charged with supervising
the implementation of a sentence of death may use appro-
priate State or local facilities for the purpose, may use
the services of an appropriate State or local official or of
a person such as an official employed for the purpose, and
shall pay the costs thereof in the amount approved by the
Attorney General.’’.
(b) CLERICAL AMENDMENT TO CHAPTER ANALY-
SIS.—Title 18, United States Code, is amended in the
chapter analysis of part II, by adding the following new
item after the item relating to chapter 227:
‘‘228. Death penalty procedures ................................................... 3591’’;
SEC.
3.
CONFORMING
AMENDMENT
RELATING
TO
DESTRUCTION OF AIRCRAFT OR AIRCRAFT
FACILITIES.
Section 34 of title 18, United States Code, is amend-
ed by striking out the comma after ‘‘imprisonment for
life’’ and all that follows through the end of such section
and inserting in lieu thereof a period.
SEC. 4. CONFORMING AMENDMENT RELATING TO ESPIO-
NAGE.
Section 794(a) of title 18, United States Code, is
amended by striking out the period at the end of the sec-
tion and inserting in lieu thereof the following: ‘‘, except
that the sentence of death shall not be imposed unless the
jury or, if there is no jury, the court, further finds beyond
a reasonable doubt at a hearing under section 3593 of this
title that the offense directly concerned nuclear weaponry,
military spacecraft and satellites, early warning systems,
or other means of defense or retaliation against large-scale
attack; war plans; communications intelligence or cryp-
tographic information; sources or methods of intelligence
or counterintelligence operations; or any other major
weapons system or major element of defense strategy.’’.
SEC. 5. CONFORMING AMENDMENT RELATING TO TRANS-
PORTING EXPLOSIVES.
Section 844(d) of title 18, United States Code, is
amended by striking out ‘‘as provided in section 34 of this
title’’.
SEC. 6. CONFORMING AMENDMENT RELATING TO MALI-
CIOUS DESTRUCTION OF FEDERAL PROP-
ERTY BY EXPLOSIVES.
Section 844(f) of title 18, United States Code, is
amended by striking out ‘‘as provided in section 34 of this
title’’.
SEC. 7. CONFORMING AMENDMENT RELATING TO MALI-
CIOUS DESTRUCTION OF INTERSTATE PROP-
ERTY BY EXPLOSIVES.
Section 844(i) of title 18, United States Code, is
amended by striking out ‘‘as provided in section 34 of this
title’’.
SEC. 8. CONFORMING AMENDMENT RELATING TO MURDER.
The second paragraph of section 1111(b) of title 18,
United States Code, is amended to read as follows:
‘‘Whoever is guilty of murder in the first degree shall
be punished by death or by imprisonment for life;’’.
SEC. 9. CONFORMING AMENDMENT RELATING TO KILLING
OFFICIAL 
GUESTS 
OR 
INTERNATIONALLY
PROTECTED PERSONS.
Section 1116(a) of title 18, United States Code, is
amended by striking out ‘‘any such person who is found
guilty of murder in the first degree shall be sentenced to
imprisonment for life, and’’.
SEC. 10. MURDER BY FEDERAL PRISONER.
(a) IN GENERAL.—Chapter 51 of title 18, United
States Code, is amended by adding at the end thereof the
following:
‘‘§ 1118. Murder by Federal prisoner
‘‘(a) Whoever, while confined in a Federal prison
under a sentence for a term of life imprisonment, murders
another shall be punished by death or by life imprison-
ment.
‘‘(b) For the purposes of this section—
‘‘(1) the term ‘Federal prison’ means any Fed-
eral correctional, detention, or penal facility, Federal
community treatment center, or Federal halfway
house, or any such prison operated under contract
with the Federal Government; and
‘‘(2) the term ‘term of life imprisonment’ means
a sentence for the term of natural life, a sentence
commuted to natural life, an indeterminate term of
a minimum of at least 15 years and a maximum of
life, or an unexecuted sentence of death.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 51 of title 18, United States
Code, is amended by adding at the end the following:
‘‘1118. Murder by Federal prisoner.’’.
SEC. 11. DEATH PENALTY RELATING TO KIDNAPPING.
Section 1201(a) of title 18, United States Code, is
amended by inserting ‘‘and, if the death of any person re-
sults, shall be punished by death or life imprisonment’’
after ‘‘or for life’’.
SEC. 12. DEATH PENALTY RELATING TO HOSTAGE TAKING.
Section 1203(a) of title 18, United States Code, is
amended by inserting ‘‘and, if the death of any person re-
sults, shall be punished by death or life imprisonment’’
after ‘‘or for life’’.
SEC. 13. CONFORMING AMENDMENT RELATING TO MAIL-
ABILITY OF INJURIOUS ARTICLES.
The last paragraph of section 1716 of title 18, United
States Code, is amended by striking out the comma after
‘‘imprisonment for life’’ and all that follows through the
end of such paragraph and inserting in lieu thereof a pe-
riod.
SEC. 14. CONFORMING AMENDMENT RELATING TO PRESI-
DENTIAL ASSASSINATION.
Subsection (c) of section 1751 of title 18, United
States Code, is amended to read as follows:
‘‘(c) Whoever attempts to murder or kidnap any indi-
vidual designated in subsection (a) of this section shall be
punished—
‘‘(1) by imprisonment for any term of years or
for life, or
‘‘(2) by death or imprisonment for any term of
years or for life, if the conduct constitutes an at-
tempt to murder the President of the United States
and results in bodily injury to the President or oth-
erwise comes dangerously close to causing the death
of the President.’’.
SEC. 15. CONFORMING AMENDMENT RELATING TO MUR-
DER FOR HIRE.
Section 1952A(a) of title 18, United States Code, is
amended by striking out ‘‘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 in lieu thereof ‘‘and if death results, shall be
punished by death or life imprisonment, or shall be fined
not more than $250,000, or both’’.
SEC. 
16. 
CONFORMING 
AMENDMENT 
RELATING 
TO
VIOLENT CRIMES IN AID OF RACKETEERING
ACTIVITY.
Paragraph (1) of section 1952B(a) of title 18, United
States Code, is amended to read as follows:
‘‘(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;’’.
SEC. 17. CONFORMING AMENDMENT RELATING TO WRECK-
ING TRAINS.
The second to the last paragraph of section 1992 of
title 18, United States Code, is amended by striking out
the comma after ‘‘imprisonment for life’’ and all that fol-
lows through the end of the section and inserting in lieu
thereof a period.
SEC. 18. CONFORMING AMENDMENT RELATING TO BANK
ROBBERY.
Section 2113(e) of title 18, United States Code, is
amended by striking out ‘‘or punished by death if the ver-
dict of the jury shall so direct’’ and inserting in lieu there-
of ‘‘or if death results shall be punished by death or life
imprisonment’’.
SEC. 19. CONFORMING AMENDMENT RELATING TO TER-
RORIST ACTS.
Paragraph (1) of section 2331(a) of title 18, United
States Code, is amended to read as follows:
‘‘(1)(A) if the killing is a first degree murder
as defined in section 1111(a) of this title, be pun-
ished by death or imprisonment for any term of
years or for life, or be fined under this title, or both;
or
‘‘(B) if the killing is a murder other than a first
degree murder as defined in section 1111(a) of this
title, be fined under this title or imprisoned for any
term of years or for life, or both so fined and so
imprisoned;’’.
SEC. 20. DEATH PENALTY RELATING TO CONTROLLED SUB-
STANCES CASES.
Section 408 of the Controlled Substances Act (21
U.S.C. 848) is amended by inserting after subsection (b)
the following:
‘‘CONDITIONS FOR DEATH PENALTY
‘‘(c) Any person who engages in a continuing criminal
enterprise shall be fined in accordance with subsection (a)
and imprisoned for life or sentenced to death if, while so
engaged, such person causes the death of another per-
son.’’.
SEC. 21. CONFORMING AMENDMENT RELATING TO AIR-
CRAFT HIJACKING.
Section 903 of the Federal Aviation Act of 1958 (49
U.S.C. App. 1473) is amended by striking out subsection
(c).
SEC. 22. APPLICATION TO UNIFORM CODE OF MILITARY
JUSTICE.
Chapter 228 (relating to death penalty procedures)
of title 18, United States Code, does not apply to prosecu-
tions under the Uniform Code of Military Justice (10
U.S.C. 801 et seq.).
Æ
HR 382 IH——2