the consideration of any mitigating factor.’’; 
and 
(C) by inserting at the end the following: 
‘‘If the jury, or if there is no jury, the court, 
determines that the defendant is mentally re-
tarded, the court shall sentence the defendant 
to life imprisonment without the possibility of 
release, or some other lesser sentence author-
ized by law.’’; 
(5) in subsection (e)— 
(A) by inserting before the last sentence 
the following: ‘‘In assessing the appropriateness 
of a sentence of death, the jury, or if there is 
no jury, the court must base the decision on the 
facts of the offense and the aggravating and 
mitigating factors and avoid any influence of 
sympathy, sentiment, passion, prejudice, or 
other arbitrary factor when imposing sen-
tence.’’; and 
(B) by striking ‘‘, to life imprisonment’’ 
and all that follows through ‘‘lesser sentence’’ 
and inserting ‘‘or to life imprisonment without 
possibility of release’’. 
(6) by redesignating subsections (b) through (f) 
as subsections (c) through (g); and 
VerDate Aug 31 2005 
01:48 Mar 30, 2006
Jkt 049196
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5040.IH
H5040
CCOLEMAN on PROD1PC71 with BILLS
(7) by adding after subsection (a) the following: 
‘‘(b) NOTICE BY THE DEFENDANT.— 
‘‘(1) If, as required under subsection (a), the 
government has filed notice seeking a sentence of 
death, the defendant shall, a reasonable time before 
the trial, sign and file with the court, and serve on 
the attorney for the government, notice setting forth 
the mitigating factor or factors that the defendant 
proposes to prove mitigate against imposition of a 
sentence of death. In any case in which the defend-
ant intends to raise the issue of mental retardation 
as precluding a sentence of death, the defendant 
shall, a reasonable time before trial, sign and file 
with the court, and serve on the attorney for the 
government, notice of such intent. 
‘‘(2) When a defendant makes a claim of men-
tal retardation or intends to rely on evidence of men-
tal impairment, or other mental defect or disease as 
a mitigating factor under this section, the govern-
ment shall have the right to an independent mental 
health examination of the defendant. A mental 
health examination ordered under this subsection 
shall be conducted by a licensed or certified psychia-
trist, 
psychologist, 
neurologist, 
psychopharmacologist, or other allied mental health 
VerDate Aug 31 2005 
01:48 Mar 30, 2006
Jkt 049196
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H5040.IH
H5040
CCOLEMAN on PROD1PC71 with BILLS
professional. If the court finds it appropriate, more 
than one such professional shall perform the exam-
ination. To facilitate the examination, the court may 
commit the person to be examined for a reasonable 
period, but not to exceed 30 days, to the custody of 
the Attorney General for placement in a suitable fa-
cility. Unless impracticable, the psychiatric or psy-
chological examination shall be conducted in a suit-
able facility reasonably close to the court. The direc-
tor of the facility may apply for a reasonable exten-
sion, but not to exceed 15 days upon a showing of 
good cause that the additional time is necessary to 
observe and evaluate the defendant. 
‘‘(3) Following the filing of a defendant’s notice 
under this subsection, the court shall, where nec-
essary to ensure adequate preparation time for the 
government, grant a reasonable continuance of the 
trial. 
‘‘(4) For purposes of this section, a defendant 
is mentally retarded if, since some point in time 
prior to age 18, he or she has continuously had an 
intelligence quotient of 70 or lower and, as a result 
of that significantly subaverage mental functioning, 
has since that point in time continuously had a di-
minished capacity to understand and process infor-
VerDate Aug 31 2005 
01:48 Mar 30, 2006
Jkt 049196
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H5040.IH
H5040
CCOLEMAN on PROD1PC71 with BILLS
mation, abstract from mistakes and learn from expe-
rience, engage in logical reasoning, control impulses, 
and understand others’ reactions.’’. 
SEC. 5. AMENDMENTS RELATING TO SECTION 3594 OF 
TITLE 18. 
Section 3594 of title 18, United States Code, is 
amended— 
(1) in the first sentence— 
(A) by striking ‘‘3593(e)’’ and inserting 
‘‘3593(f)’’; and 
(B) by striking ‘‘or life imprisonment with-
out possibility of release’’; 
(2) in the second sentence— 
(A) by striking ‘‘any lesser sentence that is 
authorized by law’’ and inserting ‘‘life imprison-
ment without the possibility of release’’; and 
(B) by inserting ‘‘as limited by section 
3593(f)’’ before the period. 
SEC. 6. AMENDMENTS RELATING TO SECTIONS 3595, 3596, 
AND 3597 OF TITLE 18. 
(a) SECTION 3596.—Section 3596 of title 18, United 
States Code, is amended— 
(1) in subsection (a), by striking ‘‘When the 
sentence is to be implemented’’ and all that follows 
through ‘‘such law’’ and inserting the following: ‘‘A 
VerDate Aug 31 2005 
01:48 Mar 30, 2006
Jkt 049196
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H5040.IH
H5040
CCOLEMAN on PROD1PC71 with BILLS
sentence of death for any offense against the United 
States shall be implemented pursuant to regulations 
promulgated by the Attorney General’’; and 
(2) in subsection (c)— 
(A) by striking the first sentence; and 
(B) by adding at the end the following: 
‘‘The government shall not be limited in its op-
portunities to seek rehearing, based on changed 
circumstances, of a finding of mental incapacity 
under this subsection.’’. 
(b) SECTION 3595.—Section 3595 of title 18, United 
States Code, is amended by striking ‘‘3593(d)’’ and insert-
ing ‘‘3593(e)’’. 
(c) SECTION 3597.—Section 3597 of title 18, United 
States Code, is amended— 
(1) in the heading, by striking ‘‘State’’; 
(2) in subsection (a), by striking ‘‘A United 
States marshal’’ and all that follows through ‘‘Attor-
ney General’’ and inserting the following: ‘‘An offi-
cial charged with supervising the implementation of 
a sentence of death shall use appropriate Federal or 
State facilities for such purpose’’; and 
(3) by adding at the end the following new sub-
section: 
VerDate Aug 31 2005 
01:48 Mar 30, 2006
Jkt 049196
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H5040.IH
H5040
CCOLEMAN on PROD1PC71 with BILLS
‘‘(c) CONFIDENTIALITY.—Notwithstanding any other 
law, the identity of any employee of the United States De-
partment of Justice, the Federal Bureau of Prisons, the 
United States Marshals Service, or any State department 
of corrections, or of any person providing services relating 
to an execution under contract or victim or victim’s sur-
vivor, who participates in or witnesses the administration 
of an execution pursuant to this section shall not be pub-
licly disclosed, absent the consent of any such individual.’’. 
(d) CONFORMING AMENDMENT.—The table of sec-
tions at the beginning of chapter 228 of title 18, United 
States Code, is amended by striking the item relating to 
section 3597 and inserting the following: 
‘‘3597. Use of facilities.’’. 
SEC. 7. AMENDMENT RELATING TO SECTION 3005 OF TITLE 
18. 
(a) IN GENERAL.—Section 3005 of title 18, United 
States Code, is amended to read as follows: 
‘‘§ 3005. Counsel and voir dire in capital cases 
‘‘(a) In any case in which the Government files a no-
tice of intent to seek a sentence of death, the court shall 
promptly, upon the defendant’s request, assign a second 
counsel for the defendant in addition to any previously as-
signed counsel. At least one assigned counsel shall be 
learned in the law applicable to capital cases. Both counsel 
shall have free access to the accused at all reasonable 
VerDate Aug 31 2005 
02:10 Mar 30, 2006
Jkt 049196
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H5040.IH
H5040
CCOLEMAN on PROD1PC71 with BILLS
hours. In assigning counsel under this section, the court 
shall consider the recommendation of the Federal Public 
Defender organization, or, if no such organization exists 
in the district, of the Administrative Office of the United 
States Courts. 
‘‘(b) In any case in which the government files a no-
tice of intent to seek the death penalty, the court shall, 
at the outset of any trial, permit voir dire of the venire 
concerning personal scruples with regard to the death pen-
alty. The trial court shall allow strikes for cause as to any 
member of the venire whose personal views would prevent 
or substantially impair the performance of a juror’s sworn 
duties under the court’s instructions in a death penalty 
case.’’. 
(b) CONFORMING AMENDMENT.—The table of sec-
tions at the beginning of chapter 201 of title 18, United 
States Code is amended by striking the item relating to 
section 3005 and inserting the following: 
‘‘3005. Counsel and voir dire in capital cases.’’. 
SEC. 8. ADDITIONAL PROCEDURAL MODIFICATIONS. 
(a) MODIFICATION OF MITIGATING FACTORS.—Sec-
tion 3592(a)(4) of title 18, United States Code, is amend-
ed— 
(1) by striking ‘‘Another’’ and inserting ‘‘The 
Government could have, but has not, sought the 
death penalty against another’’; and 
VerDate Aug 31 2005 
02:10 Mar 30, 2006
Jkt 049196
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H5040.IH
H5040
CCOLEMAN on PROD1PC71 with BILLS
(2) by striking ‘‘, will not be punished by 
death’’. 
(b) MODIFICATION OF AGGRAVATING FACTORS FOR 
OFFENSES RESULTING IN DEATH.—Section 3592(c) of 
title 18, United States Code, is amended in paragraph (1), 
by inserting ‘‘section 2339D (terrorist offenses resulting 
in death),’’ after ‘‘destruction),’’. 
(c) JURIES
OF LESS THAN 12 MEMBERS.—Sub-
section (c), as redesignated by section 4(6) of this Act, 
of section 3593 of title 18, United States Code, is amend-
ed by striking ‘‘unless’’ and all that follows through the 
end of the subsection and inserting ‘‘unless the court finds 
good cause, or the parties stipulate, with the approval of 
the court, a lesser number.’’. 
(d) PEREMPTORY CHALLENGES.—Rule 24(c) of the 
Federal Rules of Criminal Procedure is amended— 
(1) in paragraph (1), by striking ‘‘6’’ and in-
serting ‘‘9’’; and 
(2) in paragraph (4), by adding at the end the 
following: 
‘‘(D) SEVEN, EIGHT
OR
NINE
ALTER-
NATES.—Four additional peremptory challenges 
are permitted when seven, eight, or nine alter-
nates are impaneled.’’. 
Æ 
VerDate Aug 31 2005 
01:48 Mar 30, 2006
Jkt 049196
PO 00000
Frm 00014
Fmt 6652
Sfmt 6301
E:\BILLS\H5040.IH
H5040
CCOLEMAN on PROD1PC71 with BILLS