‘‘(d) DEFINITION OF STATE.—For purposes of this
section, the term ‘State’ includes a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
‘‘(e) RULE OF CONSTRUCTION.—This section does
not create any rights, substantive or procedural, enforce-
able at law by any party in any matter civil or criminal.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—
The analysis for chapter 228 of title 28, United States
Code, is amended by adding at the end the following:
‘‘3599. Certification requirement.’’.
SEC. 304. ALTERNATIVE OF LIFE IMPRISONMENT WITHOUT
POSSIBILITY OF RELEASE.
(a) PURPOSE.—The purpose of this section is to clar-
ify that juries in death penalty prosecutions brought under
the drug kingpin statute—like juries in all other Federal
death penalty prosecutions—have the option of recom-
mending life imprisonment without possibility of release.
(b) CLARIFICATION.—Section 408(l) of the Con-
trolled Substances Act (21 U.S.C. 848(l)), is amended by
striking the first 2 sentences and inserting the following:
‘‘Upon a recommendation under subsection (k) that the
defendant should be sentenced to death or life imprison-
ment without possibility of release, the court shall sen-
tence the defendant accordingly. Otherwise, the court shall
impose any lesser sentence that is authorized by law.’’.
SEC. 305. RIGHT TO AN INFORMED JURY.
Section 20105(b)(1) of the Violent Crime Control and
Law Enforcement Act of 1994 (42 U.S.C. 13705(b)(1)),
as amended by section 302 of this Act, is amended by—
(1) striking ‘‘and’’ at the end of subparagraph
(B);
(2) striking the period at the end of subpara-
graph (C) and inserting ‘‘; and’’; and
(3) adding at the end the following:
‘‘(D) provide assurances to the Attorney
General that in any capital sentencing pro-
ceeding occurring after the date of enactment of
the Innocence Protection Act of 2001 in which
the jury has a role in determining the sentence
imposed on the defendant, the court, at the re-
quest of the defendant, shall inform the jury of
all statutorily authorized sentencing options in
the particular case, including applicable parole
eligibility rules and terms.’’.
SEC. 306. ANNUAL REPORTS.
(a) REPORT.—Not later than 2 years after the date
of enactment of this Act, and annually thereafter, the At-
torney General shall prepare and transmit to Congress a
report concerning the administration of capital punish-
ment laws by the Federal Government and the States.
(b) REPORT ELEMENTS.—The report required under
subsection (a) shall include substantially the same cat-
egories of information as are included in the Bureau of
Justice Statistics Bulletin entitled ‘‘Capital Punishment
1999’’ (December 2000, NCJ 184795), and shall also in-
clude the following additional categories of information, if
such information can practicably be obtained:
(1) The percentage of death-eligible cases in
which a death sentence is sought, and the percent-
age in which it is imposed.
(2) The race of the defendants in death-eligible
cases, including death-eligible cases in which a death
sentence is not sought, and the race of the victims.
(3) The percentage of capital cases in which
counsel is retained by the defendant, and the per-
centage in which counsel is appointed by the court.
(4) The percentage of capital cases in which life
without parole is available as an alternative to a
death sentence, and the sentences imposed in such
cases.
(5) The percentage of capital cases in which life
without parole is not available as an alternative to
a death sentence, and the sentences imposed in such
cases.
(6) The frequency with which various statutory
aggravating factors are invoked by the prosecution.
(7) The percentage of cases in which a death
sentence or a conviction underlying a death sentence
is vacated, reversed, or set aside, and a short state-
ment of the reasons therefore.
(c) REQUEST FOR ASSISTANCE.—In compiling the in-
formation referred to in subsection (b), the Attorney Gen-
eral shall, when necessary, request assistance from State
and local prosecutors, defense attorneys, and courts, as
appropriate. Requested assistance, whether provided or
denied by a State or local official or entity, shall be noted
in the reports referred to in subsection (a).
(d) PUBLIC DISCLOSURE.—The Attorney General or
the Director of the Bureau of Justice Assistance, as ap-
propriate, shall ensure that the reports referred to in sub-
section (a) are—
(1) distributed to national print and broadcast
media; and
(2) posted on an Internet website maintained
by the Department of Justice.
SEC. 307. SENSE OF CONGRESS REGARDING THE EXECU-
TION OF JUVENILE OFFENDERS AND THE
MENTALLY RETARDED.
It is the sense of Congress that the death penalty is
disproportionate and offends contemporary standards of
decency when applied to a person who is mentally retarded
or who had not attained the age of 18 years at the time
of the offense.
Æ