I
103D CONGRESS
2D SESSION
H. R. 4032
To provide the penalty of death for certain crimes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 15, 1994
Mr. SCHUMER introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To provide the penalty of death for certain crimes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SENTENCE OF DEATH.
A defendant who has been found guilty of—
(1) an offense described in section 794 or sec-
tion 2381 of title 18, United States Code; or
(2) any other offense for which a sentence of
death is provided, if the defendant, as determined
beyond a reasonable doubt at the hearing under sec-
tion 3593—
(A) intentionally killed the victim;
(B) intentionally inflicted serious bodily in-
jury that resulted in the death of the victim;
(C) 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
(D) intentionally and specifically engaged
in an act of violence, knowing that the act cre-
ated 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 reck-
less 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 in the course of a hearing
held pursuant to section 3593, it is determined that impo-
sition of a sentence of death is justified, except that no
person may be sentenced to death who was less than 18
years of age at the time of the offense.
SEC. 2. CONFORMING CHANGES TO SPECIFIC OFFENSES
FOR WHICH DEATH PENALTY IS AUTHOR-
IZED.
(a) CONFORMING CHANGES IN TITLE 18.—Title 18,
United States Code, is amended as follows:
(1) ESPIONAGE.—Section 794(a) of title 18,
United States Code, is amended by striking the pe-
riod at the end of the subsection and inserting ‘‘, ex-
cept that the sentence of death shall not be imposed
unless the jury or, if there is no jury, the court, fur-
ther finds that the offense directly concerned nuclear
weaponry, military spacecraft or satellites, early
warning systems, or other means of defense or retal-
iation against large-scale attack; war plans; commu-
nications intelligence or cryptographic information;
or any other major weapons system or major ele-
ment of defense strategy.’’.
(2) MURDER.—The second undesignated para-
graph 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;’’.
(3) KILLING OF FOREIGN OFFICIALS OR INTER-
NATIONALLY
PROTECTED
PERSONS.—Section
1116(a) of title 18, United States Code, is amended
by striking ‘‘any such person who is found guilty of
murder in the first degree shall be sentenced to im-
prisonment for life, and’’.
(4) 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 im-
prisonment’’.
(5) 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 inserting a period
and striking the remainder of the paragraph.
(6) 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’’ and inserting
a period and striking the remainder of the section.
(7) 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’’.
(8) 
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’’.
(9) 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, by a sentence of death or life
imprisonment as provided under section 1111 of this
title, or, in the case of manslaughter, a sentence as
provided under section 1112 of this title,’’.
(b) CONFORMING AMENDMENT TO FEDERAL AVIA-
TION ACT OF 1954.—Section 903 of the Federal Aviation
Act of 1958 (49 U.S.C. 1473) is amended by striking sub-
section (c) and by striking the item relating to subsection
(c) in the table of contents at the beginning of such Act.
(c) AIRCRAFT AND MOTOR VEHICLES.—Section 34
of title 18, United States Code, is amended by striking
the comma after ‘‘imprisonment for life’’ and inserting a
period and striking the remainder of the section.
SEC. 3. AUTHORIZATION OF DEATH PENALTY FOR EXIST-
ING OFFENSES.
(a) 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 re-
sults, shall be punished by death or life imprisonment’’.
(b) MURDER FOR HIRE.—Section 1958(a) of title 18,
United States Code, is amended by striking ‘‘and if death
results, shall be subject to imprisonment for any term of
years or for life, or shall be fined not more than $50,000,
or both’’ and inserting ‘‘and if death results, shall be pun-
ished by death or life imprisonment, or shall be fined
under this title, or both’’.
(c) RACKETEERING.—Section 1959(a)(1) of title 18,
United States Code, is amended to read as follows:
‘‘(1) for murder, by death or life imprisonment,
or a fine under this title, or both; and for kidnap-
ping, by imprisonment for any term of years or for
life, or a fine under this title, or both;’’.
(d) GENOCIDE.—Section 1091(b)(1) of title 18, Unit-
ed States Code, is amended by striking ‘‘, a fine of not
more than $1,000,000 and imprisonment for life;’’ and in-
serting ‘‘, where death results, by death or imprisonment
for life and a fine under this title, or both;’’.
(e) CARJACKING.—Section 2119(3) of title 18, Unit-
ed States Code, is amended to read as follows:
‘‘(3) if death results, be punished by death or
imprisoned for any term of years or for life, fined
under this title, or both.’’
(f) DEATH PENALTY FOR RAPE AND CHILD MOLES-
TATION MURDERS.—
(1) OFFENSE.—Chapter 109A of title 18, Unit-
ed States Code, is amended by redesignating section
2245 as section 2246, and by inserting after section
2244 the following:
‘‘§ 2245. Sexual abuse resulting in death
‘‘Whoever, in the course of an offense under this
chapter, engages in conduct that results in the death of
a person, shall be punished by death or imprisoned for
any term of years or for life.’’.
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 109A of title 18,
United States Code, is amended by striking the item
for section 2245 and adding the following:
‘‘2245. Sexual abuse resulting in death.
‘‘2246. Definitions for chapter.’’.
(g) DEATH PENALTY FOR SEXUAL EXPLOITATION
OF CHILDREN.—Section 2251(d) of title 18, United
States Code, is amended by adding at the end the follow-
ing: ‘‘Whoever, in the course of an offense under this sec-
tion, engages in conduct that results in the death of a per-
son, shall be punished by death or imprisoned for any term
of years or for life.’’.
(h) HOMICIDES AND ATTEMPTED HOMICIDES IN-
VOLVING FIREARMS IN FEDERAL FACILITIES.—Section
930 of title 18, United States Code, is amended—
(1) by redesignating subsections (c), (d), (e),
(f), and (g) as subsections (d), (e), (f), (g), and (h),
respectively;
(2) in subsection (a), by striking ‘‘(c)’’ and in-
serting ‘‘(d)’’;
(3) inserting after subsection (b) the following:
‘‘(c) Whoever kills or attempts to kill any person in
the course of a violation of subsection (a) or (b), or in
the course of an attack on a Federal facility involving the
use of a firearm or other dangerous weapon, shall be pun-
ished as provided in sections 1111, 1112, and 1113 of this
title.’’;
(4) in subsection (e)(2) (as so redesignated), by
striking ‘‘(c)’’ and inserting ‘‘(d)’’; and
(5) in subsection (h) (as so redesignated)—
(A) by striking ‘‘and (b)’’ and inserting ‘‘,
(b), and (c)’’; and
(B) by striking ‘‘(d)’’ each place it appears
and inserting ‘‘(e)’’.
(i) DEATH PENALTY FOR MURDER OF FEDERAL
WITNESSES.—Section 1512(a)(2)(A) of title 18, United
States Code, is amended to read as follows:
‘‘(A) in the case of murder as defined in section
1111 of this title, the death penalty or imprisonment
for life, and in the case of any other killing, the pun-
ishment provided in section 1112 of this title; and’’.
(j) PROTECTION
OF COURT OFFICERS
AND JU-
RORS.—Section 1503 of title 18, United States Code, is
amended—
(1) by designating the current text as sub-
section (a);
(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:
‘‘(b) The punishment for an offense under this sec-
tion is—
‘‘(1) in the case of a killing, the punishment
provided in sections 1111 and 1112 of this title;
‘‘(2) in the case of an attempted killing, or a
case in which the offense was committed against a
petit juror and in which a class A or B felony was
charged, imprisonment for not more than twenty
years, a fine under this title, or both; and
‘‘(3) in any other case, imprisonment for not
more than ten years, a fine under this title, or
both.’’; and
(4) in subsection (a), as so designated by this
section, by striking ‘‘commissioner’’ each place it ap-
pears and inserting ‘‘magistrate judge’’.
(k) FOREIGN MURDER OF UNITED STATES NATION-
ALS.—
(1) IN GENERAL.—Chapter 51 of title 18, Unit-
ed States Code, is amended by adding at the end
thereof the following new section:
‘‘§ 1119. Foreign murder of United States nationals
‘‘(a) Whoever, 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 of this title.
‘‘(b) 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 approv-
ing prosecutions may not be delegated. No prosecution
shall be approved if prosecution has been previously un-
dertaken by a foreign country for the same conduct.
‘‘(c) No prosecution shall be approved under this sec-
tion 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 subsection is not subject to judicial review.
‘‘(d) As used in this section, the term ‘national of
the United States’ has the meaning given such term in
section 101(a)(22) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(22)).’’.
(2) CONFORMING AMENDMENT.—Section 1117
of title 18, United States Code, is amended by strik-
ing ‘‘or 1116’’ and inserting ‘‘1116, or 1118’’.
(3) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 51 of title 18,
United States Code, is amended by adding at the
end the following new item:
‘‘1119. Foreign Murder of United States Nationals.’’.
(l) DEATH PENALTY
FOR CIVIL RIGHTS MUR-
DERS.—
(1) 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.’’.
(2) DEPRIVATION OF RIGHTS UNDER COLOR OF
LAW.—Section 242 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.’’.
(3) FEDERALLY PROTECTED ACTIVITIES.—Sec-
tion 245(b) of title 18, United States Code, is
amended in the matter following paragraph (5) by
inserting ‘‘, or may be sentenced to death’’ after ‘‘or
for life’’.
(4) DAMAGE
TO
RELIGIOUS
PROPERTY; OB-
STRUCTION 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. 4. DEATH PENALTY FOR MURDER BY A FEDERAL PRIS-
ONER.
(a) IN GENERAL.—Chapter 51 of title 18, United
States Code, is amended by adding at the end thereof the
following new section:
‘‘§ 1118. Murder by a Federal prisoner
‘‘(a) OFFENSE.—Whoever, while confined in a Fed-
eral correctional institution under a sentence for a term
of life imprisonment, commits the murder of another shall
be punished by death or by life imprisonment.
‘‘(b) DEFINITIONS.—For the purposes of this sec-
tion—
‘‘(1) the term ‘Federal correctional institution’
means any Federal prison, Federal correctional facil-
ity, Federal community program center, or Federal
halfway house;
‘‘(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 fifteen years and a maximum
of life, or an unexecuted sentence of death; and
‘‘(3) the term ‘murder’ means a first degree or
second degree murder as defined by section 1111 of
this title.’’.
(b) AMENDMENT OF CHAPTER ANALYSIS.—The table
of sections at the beginning of chapter 51 of title 18,
United States Code, is amended by adding at the end
thereof the following:
‘‘1118. Murder by a Federal prisoner.’’.
SEC. 5. MURDER BY ESCAPED PRISONERS.
(a) IN GENERAL.—Chapter 51 of title 18, United
States Code, is amended by adding at the end the follow-
ing:
‘‘§ 1120. Murder by escaped prisoners
‘‘(a) IN GENERAL.—Whoever, having escaped from
a Federal prison where such person was confined under
a sentence for a term of life imprisonment, kills another
shall be punished as provided in sections 1111 and 1112
of this title.
‘‘(b) DEFINITION.—As used in this section, the terms
‘Federal prison’ and ‘term of life imprisonment’ have the
meanings given those terms in section 1118 of this title.’’.
(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:
‘‘1120. Murder by escaped prisoners.’’.
SEC. 6. DRIVE-BY SHOOTINGS.
(a) IN GENERAL.—Section 922 of title 18, United
States Code, is amended by adding at the end thereof the
following:
‘‘(v) It shall be unlawful for any person knowingly
to—
‘‘(1) discharge a firearm from within a motor
vehicle and
‘‘(2) thereby create a grave risk to human
life.’’.
(b) PENALTY.—Section 924(a) of such title is amend-
ed by adding at the end the following:
‘‘(6) Whoever knowingly violates section 922(v) shall
be fined under this title or imprisoned not more than 25
years, or both, and if death results, shall be punished by
death or imprisonment for life or any term of years.’’.
SEC. 7. DEATH PENALTY FOR GUN MURDERS DURING FED-
ERAL CRIMES OF VIOLENCE AND DRUG
TRAFFICKING CRIMES.
Section 924 of title 18, United States Code, is
amended by adding after the subsections added by (sub-
title B of title V of this Act) the following:
‘‘(j) Whoever, in the course of a violation of sub-
section (c) of this section, causes the death of a person
through the use of a firearm, shall—
‘‘(1) if the killing is a murder as defined in sec-
tion 1111 of this title, be punished by death or by
imprisonment for any term of years or for life; and
‘‘(2) if the killing is manslaughter as defined in
section 1112 of this title, be punished as provided in
that section.’’.
SEC. 8. DEATH PENALTY FOR THE MURDER OF STATE OR
LOCAL OFFICIALS ASSISTING FEDERAL LAW
ENFORCEMENT OFFICIALS.
(a) IN GENERAL.—Chapter 51 of title 18, United
States Code (, as amended by section 205 of this Act,)
is amended by adding at the end the following:
‘‘§ 1121. Killing persons aiding Federal investigations
‘‘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 investigation—
‘‘(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 in-
vestigation, while that assistance is being rendered
and because of it,
shall be sentenced according to the terms of section 1111
of title 18, United States Code, including by sentence of
death or by imprisonment for life.’’.
(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:
‘‘1121. Killing persons aiding Federal investigations.’’.
SEC. 9. PROHIBITION OF RETALIATORY KILLINGS OF WIT-
NESSES, 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 a new
subsection (a) as follows:
‘‘(a)(1) Whoever kills or attempts to kill another per-
son 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 wit-
ness in an official proceeding; or
‘‘(B) any information relating to the commis-
sion or possible commission of a Federal offense or
a violation of conditions of probation, parole or re-
lease pending judicial proceedings given by a person
to a law enforcement officer; shall be punished as
provided in paragraph (2).
‘‘(2) The punishment for an offense under this sub-
section is—
‘‘(A) in the case of a killing, the punishment
provided in sections 1111 and 1112 of this title; and
‘‘(B) in the case of an attempt, imprisonment
for not more than twenty years, a fine under this
title, or both.’’.
SEC. 10. 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) Whoever uses, or attempts or conspires to use,
a weapon of mass destruction—
‘‘(1) against a national of the United States
while such national is outside of the United States;
‘‘(2) against any person within the United
States; or
‘‘(3) against any property that is owned, leased
or used by the United States or by any department
or agency of the United States, whether the property
is within or outside of the United States;
shall be imprisoned for any term of years or for life, and
if death results, shall be punished by death or imprisoned
for any term of years or for life.
‘‘(b) For purposes of this section—
‘‘(1) the term ‘national of the United States’
has the meaning given in section 101(a)(22) of the
Immigration 
and 
Nationality 
Act 
(8 
U.S.C.
1101(a)(22)); and
‘‘(2) the term ‘weapon of mass destruction’
means—
‘‘(A) any destructive device as defined in
section 921 of this title;
‘‘(B) poison gas;
‘‘(C) any weapon involving a disease orga-
nism; or
‘‘(D) any weapon that is designed to re-
lease radiation or radioactivity at a level dan-
gerous to human life.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of 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. 
11. 
VIOLENCE 
AT 
AIRPORTS 
SERVING 
INTER-
NATIONAL CIVIL AVIATION.
(a) OFFENSE.—Chapter 2 of title 18, United States
Code, is amended by adding at the end the following:
‘‘§ 36. Violence at international airports
‘‘(a) Whoever unlawfully and intentionally, using any
device, substance or weapon—
‘‘(1) performs an act of violence against a per-
son at an airport serving international civil aviation
which causes or is likely to cause serious bodily in-
jury (as defined in section 1365 of this title) or
death; or
‘‘(2) destroys or seriously damages the facilities
of an airport serving international civil aviation or a
civil aircraft not in service located thereon or
disrupts the services of the airport;
if such an act endangers or is likely to endanger safety
at that airport, or attempts to do such an act, shall be
fined under this title or imprisoned not more than twenty
years, or both; and if the death of any person results from
conduct prohibited by this subsection, shall be punished
by death or imprisoned for any term of years or for life.
‘‘(b) There is jurisdiction over the prohibited activity
in subsection (a) if—
‘‘(1) the prohibited activity takes place in the
United States; or
‘‘(2) the prohibited activity takes place outside
of the United States and the offender is later found
in the United States.
‘‘(c) It is a bar to Federal prosecution under sub-
section (a) for conduct that occurred within the United
States that the conduct involved—
‘‘(1) a domestic dispute solely affecting and be-
tween members of the same family or household or
between social acquaintances; or
‘‘(2) was during or in relation to a labor dis-
pute, and such conduct was prohibited as a felony
under the law of the State in which it was commit-
ted.
For purposes of this section, the term ‘labor dispute’ has
the meaning set forth in section 2(c) of the Norris-
LaGuardia Act (29 U.S.C. 113(c)).’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 2 of title 18, United States
Code, is amended by adding at the end the following:
‘‘36. Violence at international airports.’’.
(c) EFFECTIVE DATE.—This section shall take effect
on the later of—
(1) the date of the enactment of this Act; or
(2) the date the Protocol for the Suppression of
Unlawful Acts of Violence at Airports Serving Inter-
national Civil Aviation, Supplementary to the Con-
vention for the Suppression of Unlawful Acts
Against the Safety of Civil Aviation, done at Mon-
treal on 23 September 1971, has come into force
and the United States has become a party to the
Protocol.
SEC. 12. OFFENSES OF VIOLENCE AGAINST MARITIME
NAVIGATION OR FIXED PLATFORMS.
(a) OFFENSES.—Chapter 111 of title 18, United
States Code, is amended by adding at the end the follow-
ing:
‘‘§ 2280. Violence against maritime navigation
‘‘(a) Whoever unlawfully and intentionally—
‘‘(1) seizes or exercises control over a ship by
force or threat thereof or any other form of intimi-
dation;
‘‘(2) performs an act of violence against a per-
son on board a ship if that act is likely to endanger
the safe navigation of that ship;
‘‘(3) destroys a ship or causes damage to a ship
or to its cargo which is likely to endanger the safe
navigation of that ship;
‘‘(4) places or causes to be placed on a ship, by
any means whatsoever, a device or substance which
is likely to destroy that ship, or cause damage to
that ship or its cargo which endangers or is likely
to endanger the safe navigation of that ship;
‘‘(5) destroys or seriously damages maritime
navigational facilities or seriously interferes with
their operation, if such act is likely to endanger the
safe navigation of a ship;
‘‘(6) communicates information, knowing the
information to be false and under circumstances in
which such information may reasonably be believed,
thereby endangering the safe navigation of a ship;
‘‘(7) injures or kills any person in connection
with the commission or the attempted commission of
any of the offenses set forth in paragraphs (1)
through (6); or
‘‘(8) attempts to do any act prohibited under
paragraphs (1) through (7);
shall be fined under this title or imprisoned not more than
twenty years, or both; and if the death of any person re-
sults, from conduct prohibited by this subsection, shall be
punished by death or imprisoned for any term of years
or for life.
‘‘(b) Whoever threatens to do any act prohibited
under paragraph (2), (3) or (5) of subsection (a), with
apparent determination and will to carry the threat into
execution, if the threatened act is likely to endanger the
safe navigation of the ship in question, shall be fined
under this title or imprisoned not more than five years,
or both.
‘‘(c) There is jurisdiction over the prohibited activity
in subsections (a) and (b)—
‘‘(1) in the case of a covered ship, if—
‘‘(A) such activity is committed—
‘‘(i) against or on board a ship flying
the flag of the United States at the time
the prohibited activity is committed;
‘‘(ii) in the United States and the ac-
tivity 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 out-
side 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 activ-
ity, a national of the United States is seized,
threatened, injured or killed; or
‘‘(C) the offender is later found in the
United States after such activity is committed;
‘‘(2) in the case of a ship navigating or sched-
uled to navigate solely within the territorial sea or
internal waters of a country other than the United
States, if the offender is later found in the United
States after such activity is committed; and
‘‘(3) in the case of any vessel, if such activity
is committed in an attempt to compel the United
States to do or abstain from doing any act.
‘‘(d) It is a bar to Federal prosecution under sub-
section (a) for conduct that occurred within the United
States that the conduct involved—
‘‘(1) a domestic dispute solely affecting and be-
tween members of the same family or household or
between social acquaintances; or
‘‘(2) was during or in relation to a labor dis-
pute, and such conduct was prohibited as a felony
under the law of the State in which it was commit-
ted.
For purposes of this section, the term ‘labor dispute’ has
the meaning set forth in section 2(c) of the Norris-
LaGuardia Act (29 U.S.C. 113(c)).
‘‘(e) The master of a covered 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 com-
mitted 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 au-
thorities of a State Party to that Convention. Before deliv-
ering such person to the authorities of another country,
the master shall notify in an appropriate manner the At-
torney 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 coun-
try which is a State Party to the Convention, the master
shall, whenever practicable, and if possible before entering
the territorial sea of such country, notify the authorities
of such country of the master’s intention to deliver such
person and the reasons therefor. If the master delivers
such person, the master shall furnish to the authorities
of such country the evidence in the master’s possession
that pertains to the alleged offense.
‘‘(f) As used in this section, the term—
‘‘(1) the term ‘ship’ means a vessel of any type
whatsoever not permanently attached to the sea-bed,
including dynamically supported craft, submersibles
or any other floating craft; but such term does not
include a warship, a ship owned or operated by a
government when being used as a naval auxiliary or
for customs or police purposes, or a ship which has
been withdrawn from navigation or laid up;
‘‘(2) the term ‘covered ship’ means a ship that
is navigating or is scheduled to navigate into,
through or from waters beyond the outer limit of the
territorial sea of a single country or a lateral limit
of that country’s territorial sea with an adjacent
country;
‘‘(3) the term ‘national of the United States’
has the meaning given such term in section
101(a)(22) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(22));
‘‘(4) the term ‘territorial sea of the United
States’ means all waters extending seaward to 12
nautical miles from the baselines of the United
States determined in accordance with international
law; and
‘‘(5) the term ‘United States’, when used in a
geographical sense, includes the Commonwealth of
Puerto Rico, the Commonwealth of the Northern
Marianas Islands and all territories and possessions
of the United States.
‘‘§ 2281. Violence against maritime fixed platforms
‘‘(a) Whoever unlawfully and intentionally—
‘‘(1) seizes or exercises control over a fixed
platform by force or threat thereof or any other
form of intimidation;
‘‘(2) performs an act of violence against a per-
son on board a fixed platform if that act is likely to
endanger its safety;
‘‘(3) destroys a fixed platform or causes dam-
age to it which is likely to endanger its safety;
‘‘(4) places or causes to be placed on a fixed
platform, by any means whatsoever, a device or sub-
stance which is likely to destroy that fixed platform
or likely to endanger its safety;
‘‘(5) injures or kills any person in connection
with the commission or the attempted commission of
any of the offenses set forth in paragraphs (1)
through (4); or
‘‘(6) attempts to do anything prohibited under
paragraphs (1) through (5);
shall be fined under this title or imprisoned not more than
twenty years, or both; and if death results to any person
from conduct prohibited by this subsection, shall be pun-
ished by death or imprisoned for any term of years or for
life.
‘‘(b) Whoever threatens to do anything prohibited
under paragraph (2) or (3) of subsection (a), with appar-
ent determination and will to carry the threat into execu-
tion, if the threatened act is likely to endanger the safety
of the fixed platform, shall be fined under this title or
imprisoned not more than five years, or both.
‘‘(c) There is jurisdiction over the prohibited activity
in subsections (a) and (b) if—
‘‘(1) such activity is committed against or on
board a fixed platform—
‘‘(A) that is located on the continental
shelf of the United States;
‘‘(B) that is located on the continental
shelf of another country, by a national of the
United States or by a stateless person whose
habitual residence is in the United States; or
‘‘(C) in an attempt to compel the United
States to do or abstain from doing any act;
‘‘(2) during the commission of such activity
against or on board a fixed platform located on a
continental shelf, a national of the United States is
seized, threatened, injured or killed; or
‘‘(3) such activity is committed against or on
board a fixed platform located outside the United
States and beyond the continental shelf of the
United States and the offender is later found in the
United States.
‘‘(d) It is a bar to Federal prosecution under sub-
section (a) for conduct that occurred within the United
States that the conduct involved—
‘‘(1) a domestic dispute solely affecting and be-
tween members of the same family or household or
between social acquaintances; or
‘‘(2) was during or in relation to a labor dis-
pute, and such conduct was prohibited as a felony
under the law of the State in which it was commit-
ted.
For purposes of this section, the term ‘labor dispute’ has
the meaning set forth in section 2(c) of the Norris-
LaGuardia Act (29 U.S.C. 113(c)).
‘‘(e) As used in this section, the term—
‘‘(1) ‘continental shelf ’ means the sea-bed and
subsoil of the submarine areas that extend beyond a
country’s territorial sea to the limits provided by
customary international law as reflected in Article
76 of the 1982 Convention on the Law of the Sea;
‘‘(2) ‘fixed platform’ means an artificial island,
installation or structure permanently attached to the
sea-bed for the purpose of exploration or exploitation
of resources or for other economic purposes;
‘‘(3) ‘national of the United States’ has the
meaning given such term in section 101(a)(22) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(22));
‘‘(4) ‘territorial sea of the United States’ means
all waters extending seaward to 12 nautical miles
from the baselines of the United States determined
in accordance with international law; and
‘‘(5) ‘United States’, when used in a geographi-
cal sense, includes the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Marianas
Islands and all territories and possessions of the
United States.’’.
(b) CLERICAL AMENDMENTS.—The table of sections
at the beginning of chapter 111 of title 18, United States
Code, is amended by adding at the end thereof the follow-
ing:
‘‘2280. Violence against maritime navigation.
‘‘2281. Violence against maritime fixed platforms.’’.
(c) EFFECTIVE
DATES.—This section 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. 13. TORTURE.
(a) IN GENERAL.—Part I of title 18, United States
Code, is amended by inserting after chapter 113A the fol-
lowing new chapter:
‘‘CHAPTER 113B—TORTURE
‘‘Sec.
‘‘2340. Definitions.
‘‘2340A. Torture.
‘‘2340B. Exclusive remedies.
‘‘§ 2340. Definitions
‘‘As used in this chapter—
‘‘(1) the term ‘torture’ means an act committed
by a person acting under the color of law specifically
intended to inflict severe physical or mental pain or
suffering (other than pain or suffering incidental to
lawful sanctions) upon another person within his
custody or physical control;
‘‘(2) the term ‘severe mental pain or suffering’
means the prolonged mental harm caused by or re-
sulting from (A) the intentional infliction or threat-
ened infliction of severe physical pain or suffering;
(B) the administration or application, or threatened
administration or application, of mind altering sub-
stances or other procedures calculated to disrupt
profoundly the senses or the personality; (C) the
threat of imminent death; or (D) the threat that an-
other person will imminently be subjected to death,
severe physical pain or suffering, or the administra-
tion or application of mind altering substances or
other procedures calculated to disrupt profoundly
the senses or personality;
‘‘(3) the term ‘United States’ includes all areas
under the jurisdiction of the United States including
any of the places within the provisions of sections 5
and 7 of this title and section 101(38) of the Fed-
eral Aviation Act of 1958, as amended (49 U.S.C.
App. 1301(38)).
‘‘§ 2340A. Torture
‘‘(a) Whoever, outside the United States and in a cir-
cumstance described in subsection (b) of this section, com-
mits or attempts to commit torture—
‘‘(1) shall be fined under this title or impris-
oned not more than twenty years, or both; and
‘‘(2) if death results to any person from con-
duct prohibited by this subsection, shall be punished
by death or imprisoned for any term of years or for
life.
‘‘(b) The circumstance referred to in subsection (a)
of this section is if—
‘‘(1) the alleged offender is a national of the
United States; or
‘‘(2) the alleged offender is present in the
United States, irrespective of the nationality of the
victim or the alleged offender.
‘‘§ 2340B. Exclusive remedies
‘‘Nothing in this chapter shall be construed as pre-
cluding the application of State or local laws on the same
subject, nor shall anything in this chapter be construed
as creating any substantive or procedural right enforceable
by law by any party in any civil proceeding.’’.
(b) CLERICAL AMENDMENT.—The table of chapters
for part I of title 18, United States Code, is amended by
inserting after the item for chapter 113A the following
new item:
‘‘113B. Torture ..................................................................................... 2340.’’.
(c) EFFECTIVE DATE.—This section shall take effect
on the later of—
(1) the date of enactment of this section; or
(2) the date the United States has become a
party to the Convention Against Torture and Other
Cruel, 
Inhuman 
or 
Degrading 
Treatment 
or
Punishment.
SEC. 14. APPLICABILITY TO UNIFORM CODE OF MILITARY
JUSTICE.
The provisions of chapter 228 of title 18, United
States Code, as added by (
), shall not apply to pros-
ecutions under the Uniform Code of Military Justice (10
U.S.C. 801).
SEC. 15. PROTECTION OF JURORS AND WITNESSES IN CAP-
ITAL CASES.
Section 3432 of title 18, United States Code, is
amended by inserting before the period the following: ‘‘,
except that such list of the veniremen and witnesses need
not be furnished if the court finds by a preponderance of
the evidence that providing the list may jeopardize the life
or safety of any person’’.
HR 4032 [H——2 HR 4032 [H——3 eHR 4032 IH 35