I 
112TH CONGRESS 
1ST SESSION H. R. 3051 
To abolish the death penalty under Federal law. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 23, 2011 
Mr. KUCINICH (for himself, Ms. EDWARDS, Mr. ELLISON, Mr. JACKSON of Il-
linois, Mr. SCOTT of Virginia, Mr. SERRANO, Mr. CONYERS, Ms. LEE of 
California, Mr. CLEAVER, and Mr. MEEKS) introduced the following bill; 
which was referred to the Committee on the Judiciary, and in addition 
to the Committee on Armed Services, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To abolish the death penalty under Federal law. 
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 ‘‘Federal Death Penalty 
Abolition Act of 2011’’. 
SEC. 2. REPEAL OF FEDERAL LAWS PROVIDING FOR THE 
DEATH PENALTY. 
(a) HOMICIDE-RELATED OFFENSES.— 
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(1) MURDER RELATED TO THE SMUGGLING OF 
ALIENS.—Section 274(a)(1)(B)(iv) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C. 
1324(a)(1)(B)(iv)) is amended by striking ‘‘punished 
by death or’’. 
(2) DESTRUCTION OF AIRCRAFT, MOTOR VEHI-
CLES, 
OR
RELATED
FACILITIES
RESULTING
IN 
DEATH.—Section 34 of title 18, United States Code, 
is amended by striking ‘‘to the death penalty or’’. 
(3) MURDER COMMITTED DURING A DRUG-RE-
LATED
DRIVE-BY
SHOOTING.—Section 36(b)(2)(A) 
of title 18, United States Code, is amended by strik-
ing ‘‘death or’’. 
(4) MURDER COMMITTED AT AN AIRPORT SERV-
ING
INTERNATIONAL
CIVIL
AVIATION.—Section 
37(a) of title 18, United States Code, is amended, 
in the matter following paragraph (2), by striking 
‘‘punished by death or’’. 
(5) MURDER
COMMITTED
USING
CHEMICAL 
WEAPONS.—Section 229A(a)(2) of title 18, United 
States Code, is amended— 
(A) in the paragraph heading, by striking 
‘‘DEATH
PENALTY’’ and inserting ‘‘CAUSING 
DEATH’’; and 
(B) by striking ‘‘punished by death or’’. 
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(6) CIVIL
RIGHTS
OFFENSES
RESULTING
IN 
DEATH.—Chapter 13 of title 18, United States 
Code, is amended— 
(A) in section 241, by striking ‘‘, or may 
be sentenced to death’’; 
(B) in section 242, by striking ‘‘, or may 
be sentenced to death’’; 
(C) in section 245(b), by striking ‘‘, or 
may be sentenced to death’’; and 
(D) in section 247(d)(1), by striking ‘‘, or 
may be sentenced to death’’. 
(7) MURDER OF A MEMBER OF CONGRESS, AN 
IMPORTANT EXECUTIVE OFFICIAL, OR A SUPREME 
COURT JUSTICE.—Section 351 of title 18, United 
States Code, is amended— 
(A) in subsection (b)— 
(i) by striking ‘‘(1)’’; and 
(ii) by striking ‘‘, or (2) by death’’ 
and all that follows through the end of the 
subsection and inserting a period; and 
(B) in subsection (d)— 
(i) by striking ‘‘(1)’’; and 
(ii) by striking ‘‘, or (2) by death’’ 
and all that follows through the end of the 
subsection and inserting a period. 
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(8) DEATH
RESULTING
FROM
OFFENSES
IN-
VOLVING
TRANSPORTATION
OF
EXPLOSIVES, DE-
STRUCTION
OF
GOVERNMENT
PROPERTY, OR
DE-
STRUCTION OF PROPERTY RELATED TO FOREIGN OR 
INTERSTATE COMMERCE.—Section 844 of title 18, 
United States Code, is amended— 
(A) in subsection (d), by striking ‘‘or to 
the death penalty’’; 
(B) in subsection (f)(3), by striking ‘‘sub-
ject to the death penalty, or’’; 
(C) in subsection (i), by striking ‘‘or to the 
death penalty’’; and 
(D) in subsection (n), by striking ‘‘(other 
than the penalty of death)’’. 
(9) MURDER COMMITTED BY USE OF A FIRE-
ARM
OR
ARMOR
PIERCING
AMMUNITION
DURING 
COMMISSION OF A CRIME OF VIOLENCE OR A DRUG 
TRAFFICKING
CRIME.—Section 924 of title 18, 
United States Code, is amended— 
(A) in subsection (c)(5)(B)(i), by striking 
‘‘punished by death or’’; and 
(B) in subsection (j)(1), by striking ‘‘by 
death or’’. 
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(10) GENOCIDE.—Section 1091(b)(1) of title 
18, United States Code, is amended by striking 
‘‘death or’’. 
(11) 
FIRST
DEGREE
MURDER.—Section 
1111(b) of title 18, United States Code, is amended 
by striking ‘‘by death or’’. 
(12) MURDER BY A FEDERAL PRISONER.—Sec-
tion 1118 of title 18, United States Code, is amend-
ed— 
(A) in subsection (a), by striking ‘‘by 
death or’’; and 
(B) in subsection (b), in the third undesig-
nated paragraph— 
(i) by inserting ‘‘or’’ before ‘‘an inde-
terminate’’; and 
(ii) by striking ‘‘, or an unexecuted 
sentence of death’’. 
(13) MURDER OF A STATE OR LOCAL LAW EN-
FORCEMENT OFFICIAL OR OTHER PERSON AIDING IN 
A FEDERAL INVESTIGATION; MURDER OF A STATE 
CORRECTIONAL OFFICER.—Section 1121 of title 18, 
United States Code, is amended— 
(A) in subsection (a), by striking ‘‘by sen-
tence of death or’’; and 
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(B) in subsection (b)(1), by striking ‘‘or 
death’’. 
(14) MURDER DURING A KIDNAPPING.—Section 
1201(a) of title 18, United States Code, is amended 
by striking ‘‘death or’’. 
(15) MURDER DURING A HOSTAGE-TAKING.— 
Section 1203(a) of title 18, United States Code, is 
amended by striking ‘‘death or’’. 
(16) MURDER
WITH
THE
INTENT
OF
PRE-
VENTING TESTIMONY BY A WITNESS, VICTIM, OR IN-
FORMANT.—Section 1512(a)(2)(A) of title 18, 
United States Code, is amended by striking ‘‘the 
death penalty or’’. 
(17) MAILING OF INJURIOUS ARTICLES WITH 
INTENT TO KILL OR RESULTING IN DEATH.—Section 
1716(j)(3) of title 18, United States Code, is amend-
ed by striking ‘‘to the death penalty or’’. 
(18) ASSASSINATION OR KIDNAPPING RESULT-
ING IN THE DEATH OF THE PRESIDENT OR VICE 
PRESIDENT.—Section 1751 of title 18, United 
States Code, is amended— 
(A) in subsection (b)— 
(i) by striking ‘‘(1)’’; and 
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(ii) by striking ‘‘, or (2) by death’’ 
and all that follows through the end of the 
subsection and inserting a period; and 
(B) in subsection (d)— 
(i) by striking ‘‘(1)’’; and 
(ii) by striking ‘‘, or (2) by death’’ 
and all that follows through the end of the 
subsection and inserting a period. 
(19) MURDER FOR HIRE.—Section 1958(a) of 
title 18, United States Code, is amended by striking 
‘‘death or’’. 
(20) MURDER INVOLVED IN A RACKETEERING 
OFFENSE.—Section 1959(a)(1) of title 18, United 
States Code, is amended by striking ‘‘death or’’. 
(21) WILLFUL WRECKING OF A TRAIN RESULT-
ING IN DEATH.—Section 1992 of title 18, United 
States Code, is amended— 
(A) in subsection (a), in the matter fol-
lowing paragraph (10), by striking ‘‘or subject 
to death,’’; and 
(B) in subsection (b), in the matter fol-
lowing paragraph (3), by striking ‘‘, and if the 
offense resulted in the death of any person, the 
person may be sentenced to death’’. 
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(A) in the subsection heading, by striking 
‘‘DEATH
PENALTY’’ and inserting ‘‘INTEN-
TIONAL KILLING’’; and 
(B) in paragraph (1)— 
(i) subparagraph (A), by striking ‘‘, or 
may be sentenced to death’’; and 
(ii) in subparagraph (B), by striking 
‘‘, or may be sentenced to death’’. 
(38) DEATH RESULTING FROM AIRCRAFT HI-
JACKING.—Section 46502 of title 49, United States 
Code, is amended— 
(A) in subsection (a)(2)(B), by striking 
‘‘put to death or’’; and 
(B) in subsection (b)(1)(B), by striking 
‘‘put to death or’’. 
(b) NON-HOMICIDE RELATED OFFENSES.— 
(1) ESPIONAGE.—Section 794(a) of title 18, 
United States Code, is amended by striking ‘‘pun-
ished by death or’’ and all that follows before the pe-
riod and inserting ‘‘imprisoned for any term of years 
or for life’’. 
(2) TREASON.—Section 2381 of title 18, United 
States Code, is amended by striking ‘‘shall suffer 
death, or’’. 
(c) TITLE 10.— 
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(1) IN GENERAL.—Section 856 of title 10 is 
amended by inserting before the period at the end 
the following: ‘‘, except that the punishment may not 
include death’’. 
(2) OFFENSES.— 
(A) CONSPIRACY.—Section 881(b) of title 
10, United States Code (article 81(b) of the 
Uniform Code of Military Justice), is amended 
by striking ‘‘, if death results’’ and all that fol-
lows through the end and inserting ‘‘as a court- 
martial or military commission may direct.’’. 
(B) DESERTION.—Section 885(c) of title 
10, United States Code (article 85(c)), is 
amended by striking ‘‘, if the offense is com-
mitted in time of war’’ and all that follows 
through the end and inserting ‘‘as a court-mar-
tial may direct.’’. 
(C) ASSAULTING
OR
WILLFULLY
DIS-
OBEYING SUPERIOR COMMISSIONED OFFICER.— 
Section 890 of title 10, United States Code (ar-
ticle 90), is amended by striking ‘‘, if the of-
fense is committed in time of war’’ and all that 
follows and inserting ‘‘as a court-martial may 
direct.’’. 
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(D) 
MUTINY
OR
SEDITION.—Section 
894(b) of title 10, United States Code (article 
94(b)), is amended by striking ‘‘by death or 
such other punishment’’. 
(E) MISBEHAVIOR BEFORE THE ENEMY.— 
Section 899 of title 10, United States Code (ar-
ticle 99), is amended by striking ‘‘by death or 
such other punishment’’. 
(F) 
SUBORDINATE
COMPELLING
SUR-
RENDER.—Section 900 of title 10, United 
States Code (article 100), is amended by strik-
ing ‘‘by death or such other punishment’’. 
(G) IMPROPER
USE
OF
COUNTERSIGN.— 
Section 901 of title 10, United States Code (ar-
ticle 101), is amended by striking ‘‘by death or 
such other punishment’’. 
(H) FORCING A SAFEGUARD.—Section 902 
of title 10, United States Code (article 102), is 
amended by striking ‘‘suffer death’’ and all that 
follows and inserting ‘‘be punished as a court- 
martial may direct.’’. 
(I) AIDING THE ENEMY.—Section 904 of 
title 10, United States Code (article 104), is 
amended by striking ‘‘suffer death or such 
other punishment as a court-martial or military 
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commission may direct’’ and inserting ‘‘be pun-
ished as a court-martial or military commission 
may direct’’. 
(J) SPIES.—Section 906 of title 10, United 
States Code (article 106), is amended by strik-
ing ‘‘by death’’ and inserting ‘‘by imprisonment 
for life’’. 
(K) ESPIONAGE.—Section 906a of title 10, 
United States Code (article 106a), is amend-
ed— 
(i) by striking subsections (b) and (c); 
(ii) by redesignating paragraphs (2) 
and (3) of subsection (a) as subsections (b) 
and (c), respectively; 
(iii) in subsection (a)— 
(I) by striking ‘‘(1)’’; 
(II) by striking ‘‘paragraph (2)’’ 
and inserting ‘‘subsection (b)’’; 
(III) by striking ‘‘paragraph (3)’’ 
and inserting ‘‘subsection (c)’’; and 
(IV) by striking ‘‘as a court-mar-
tial may direct,’’ and all that follows 
and inserting ‘‘as a court-martial may 
direct.’’; 
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(iv) in subsection (b), as so redesig-
nated— 
(I) by striking ‘‘paragraph (1)’’ 
and inserting ‘‘subsection (a)’’; and 
(II) by redesignating subpara-
graphs (A), (B), and (C) as para-
graphs (1), (2), and (3), respectively; 
and 
(v) in subsection (c), as so redesig-
nated, by striking ‘‘paragraph (1)’’ and in-
serting ‘‘subsection (a)’’. 
(L) IMPROPER HAZARDING OF VESSEL.— 
The text of section 910 of title 10, United 
States Code (article 110), is amended to read 
as follows: 
‘‘Any person subject to this chapter who willfully and 
wrongfully, or negligently, hazards or suffers to be haz-
arded any vessel of the Armed Forces shall be punished 
as a court-martial may direct.’’. 
(M) MISBEHAVIOR OF SENTINEL.—Section 
913 of title 10, United States Code (article 
113), is amended by striking ‘‘, if the offense 
is committed in time of war’’ and all that fol-
lows and inserting ‘‘as a court-martial may di-
rect.’’. 
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(N) MURDER.—Section 918 of title 10, 
United States Code (article 118), is amended 
by striking ‘‘death or imprisonment for life as 
a court-martial may direct’’ and inserting ‘‘im-
prisonment for life’’. 
(O) DEATH
OR
INJURY
OF
AN
UNBORN 
CHILD.—Section 919a(a) of title 10, United 
States Code, is amended— 
(i) in paragraph (1), by striking ‘‘, 
other than death,’’; and 
(ii) by striking paragraph (4). 
(P) CRIMES TRIABLE BY MILITARY COM-
MISSION.—Section 950v(b) of title 10, United 
States Code, is amended— 
(i) in paragraph (1), by striking ‘‘by 
death or such other punishment’’; 
(ii) in paragraph (2), by striking ‘‘, if 
death results’’ and all that follows and in-
serting ‘‘as a military commission under 
this chapter may direct.’’; 
(iii) in paragraph (7), by striking ‘‘, if 
death results’’ and all that follows and in-
serting ‘‘as a military commission under 
this chapter may direct.’’; 
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(iv) in paragraph (8), by striking ‘‘, if 
death results’’ and all that follows and in-
serting ‘‘as a military commission under 
this chapter may direct.’’; 
(v) in paragraph (9), by striking ‘‘, if 
death results’’ and all that follows and in-
serting ‘‘as a military commission under 
this chapter may direct.’’; 
(vi) in paragraph (11)(A), by striking 
‘‘, if death results’’ and all that follows and 
inserting ‘‘as a military commission under 
this chapter may direct.’’; 
(vii) in paragraph (12)(A), by striking 
‘‘, if death results’’ and all that follows and 
inserting ‘‘as a military commission under 
this chapter may direct.’’; 
(viii) in paragraph (13)(A), by strik-
ing ‘‘, if death results’’ and all that follows 
and inserting ‘‘as a military commission 
under this chapter may direct.’’; 
(ix) in paragraph (14), by striking ‘‘, 
if death results’’ and all that follows and 
inserting ‘‘as a military commission under 
this chapter may direct.’’; 
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(M) 
RECORD
OF
TRIAL.—Section 
854(c)(1)(A) of title 10, United States Code 
(article 54(c)(1)(A)), is amended by striking 
‘‘death,’’. 
(N) FORFEITURE
OF
PAY
AND
ALLOW-
ANCES
DURING
CONFINEMENT.—Section 
858b(a)(2)(A) of title 10, United States Code 
(article 58b(a)(2)(A)), is amended by striking 
‘‘or death’’. 
(O) WAIVER
OR
WITHDRAWAL
OF
AP-
PEAL.—Section 861 of title 10, United States 
Code (article 61), is amended— 
(i) in subsection (a), by striking ‘‘ex-
cept a case in which the sentence as ap-
proved under section 860(c) of this title 
(article 60(c)) includes death,’’; and 
(ii) in subsection (b), by striking ‘‘Ex-
cept in a case in which the sentence as ap-
proved under section 860(c) of this title 
(article 60(c)) includes death, the accused’’ 
and inserting ‘‘The accused’’. 
(P) REVIEW BY COURT OF CRIMINAL AP-
PEALS.—Section 866(b) of title 10, United 
States Code (article 66(b)), is amended— 
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