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, psychopharmacolo-
gist, or other allied mental health professional. If the 
court finds it appropriate, more than one such pro-
fessional shall perform the examination. 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 Gen-
eral for placement in a suitable facility. Unless im-
practicable, the psychiatric or psychological examina-
tion shall be conducted in a suitable facility reason-
ably close to the court. The director of the facility 
may apply for a reasonable extension, but not to ex-
ceed 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. 
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‘‘(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-
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. 
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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 
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-
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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: 
‘‘(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 
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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 
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.’’. 
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