Sec. 1401. Amendments relating to Federal financial assistance for law enforce-
ment.
Sec. 1402. General title 18 corrections.
Sec. 1403. Corrections of erroneous cross references and misdesignations.
Sec. 1404. Obsolete provisions in title 18.
Sec. 1405. Correction of drafting error in the Foreign Corrupt Practices Act.
Sec. 1406. Elimination of redundant penalty.
Sec. 1407. Corrections of misspellings and grammatical errors.
TITLE XV—FEDERAL LAW ENFORCEMENT AGENCIES
Sec. 1501. Short title.
Sec. 1502. Authorization of appropriations for Federal law enforcement
agencies.
TITLE XVI—FEDERAL PRISONS
Sec. 1601. Authorization of appropriations for new prison construction.
TITLE XVII—PRE-TRIAL INTERROGATION
TITLE XVIII—FUNDING
Sec. 1801. Funding of spending through rescissions.
TITLE I—DEATH PENALTY
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Federal Death Penalty
Act of 1993’’.
SEC. 102. DEATH PENALTY PROCEDURES.
(a) ADDITION OF CHAPTER TO TITLE 18, UNITED
STATES CODE.—Title 18, United States Code, is amended
by inserting after chapter 227 the following new chapter:
‘‘CHAPTER 228—DEATH PENALTY
PROCEDURES
‘‘Sec.
‘‘3591. Sentence of death.
‘‘3592. Factors to be considered in determining whether a sentence of death is
justified.
‘‘3593. Special hearing to determine whether a sentence of death is justified.
‘‘3594. Imposition of a sentence of death.
‘‘3595. Review of a sentence of death.
‘‘3596. Implementation of a sentence of death.
‘‘3597. Use of State facilities.
‘‘3598. Appointment of counsel.
‘‘3599. Collateral attack on judgment imposing sentence of death.
‘‘3600. Application in Indian country.
‘‘§ 3591. Sentence of death
‘‘A defendant who has been found guilty of—
‘‘(1) an offense described in section 794 or sec-
tion 2381;
‘‘(2) an offense described in section 1751(c) if
the offense, as determined beyond a reasonable
doubt at a hearing under section 3593, constitutes
an attempt to murder the President of the United
States and results in bodily injury to the President
or comes dangerously close to causing the death of
the President;
‘‘(3) an offense referred to in section 408(c)(1)
of the Controlled Substances Act (21 U.S.C.
848(c)(1)), committed as part of a continuing crimi-
nal enterprise offense under the conditions described
in subsection (b) of that section which involved not
less than twice the quantity of controlled substance
described in subsection (b)(2)(A) or twice the gross
receipts described in subsection (b)(2)(B);
‘‘(4) an offense referred to in section 408(c)(1)
of the Controlled Substances Act (21 U.S.C.
848(c)(1)), committed as part of a continuing crimi-
nal enterprise offense under that section, where the
defendant is a principal administrator, organizer, or
leader of such an enterprise, and the defendant, in
order to obstruct the investigation or prosecution of
the enterprise or an offense involved in the enter-
prise, attempts to kill or knowingly directs, advises,
authorizes, or assists another to attempt to kill any
public officer, juror, witness, or members of the fam-
ily or household of such a person;
‘‘(5) an offense constituting a felony violation of
the Controlled Substances Act (21 U.S.C. 801 et
seq.), the Controlled Substances Import and Export
Act (21 U.S.C. 951 et seq.), or the Maritime Drug
Law Enforcement Act (46 U.S.C. App. 1901 et
seq.), where the defendant, intending to cause death
or acting with reckless disregard for human life, en-
gages in such a violation, and the death of another
person results in the course of the violation or from
the use of the controlled substance involved in the
violation; or
‘‘(6) any other offense for which a sentence of
death is provided if the defendant, as determined be-
yond a reasonable doubt at a hearing under section
3593, caused the death of a person intentionally,
knowingly, or through recklessness manifesting ex-
treme indifference to human life, or caused the
death of a person through the intentional infliction
of serious bodily injury,
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 or who is mentally
retarded.
‘‘§ 3592. Factors to be considered in determining
whether a sentence of death is justified
‘‘(a) MITIGATING FACTORS.—In determining wheth-
er a sentence of death is justified for any offense, the jury,
or if there is no jury, the court, shall consider each of
the following mitigating factors and determine which, if
any, exist:
‘‘(1) MENTAL
CAPACITY.—The defendant’s
mental capacity to appreciate the wrongfulness of
his conduct or to conform his conduct to the require-
ments of law was significantly impaired, regardless
of whether the capacity was so impaired as to con-
stitute a defense to the charge.
‘‘(2) DURESS.—The defendant was under un-
usual and substantial duress, regardless of whether
the duress was of such a degree as to constitute a
defense to the charge.
‘‘(3) PARTICIPATION IN OFFENSE MINOR.—The
defendant’s participation in the offense, which was
committed by another, was relatively minor, regard-
less of whether the participation was so minor as to
constitute a defense to the charge.
‘‘(4) NO
SIGNIFICANT
CRIMINAL
HISTORY.—
The defendant did not have a significant history of
other criminal conduct.
‘‘(5) DISTURBANCE.—The defendant committed
the offense under severe mental or emotional dis-
turbance.
‘‘(6) VICTIM’S CONSENT.—The victim consented
to the criminal conduct that resulted in the victim’s
death.
The jury, or if there is no jury, the court, shall consider
whether any other aspect of the defendant’s background,
character or record or any other circumstance of the of-
fense that the defendant may proffer as a mitigating fac-
tor exists.
‘‘(b) AGGRAVATING FACTORS FOR ESPIONAGE AND
TREASON.—In determining whether a sentence of death
is justified for an offense described in section 3591(1), the
jury, or if there is no jury, the court, shall consider each
of the following aggravating factors and determine which,
if any, exist:
‘‘(1) PREVIOUS ESPIONAGE OR TREASON CON-
VICTION.—The defendant has previously been con-
victed of another offense involving espionage or trea-
son for which a sentence of life imprisonment or
death was authorized by statute.
‘‘(2) RISK OF SUBSTANTIAL DANGER TO NA-
TIONAL SECURITY.—In the commission of the of-
fense the defendant knowingly created a grave risk
to the national security.
‘‘(3) RISK
OF
DEATH
TO
ANOTHER.—In the
commission of the offense the defendant knowingly
created a grave risk of death to another person.
The jury, or if there is no jury, the court, may consider
whether any other aggravating factor exists.
‘‘(c) AGGRAVATING FACTORS FOR HOMICIDE AND
FOR ATTEMPTED MURDER OF THE PRESIDENT.—In de-
termining whether a sentence of death is justified for an
offense described in section 3591 (2) or (6), the jury, or
if there is no jury, the court, shall consider each of the
following aggravating factors and determine which, if any,
exist:
‘‘(1) CONDUCT OCCURRED DURING COMMISSION
OF SPECIFIED CRIMES.—The conduct resulting in
death occurred during the commission or attempted
commission of, or during the immediate flight from
the commission of, an offense under section 32 (de-
struction of aircraft or aircraft facilities), section 33
(destruction of motor vehicles or motor vehicle facili-
ties), section 36 (violence at international airports),
section 351 (violence against Members of Congress,
Cabinet officers, or Supreme Court Justices), section
751 (prisoners in custody of institution or officer),
section 794 (gathering or delivering defense informa-
tion to aid foreign government), section 844(d)
(transportation of explosives in interstate commerce
for certain purposes), section 844(f) (destruction of
Government property by explosives), section 844(i)
(destruction of property affecting interstate com-
merce by explosives), section 1116 (killing or at-
tempted killing of diplomats), section 1118 (pris-
oners serving life term), section 1201 (kidnapping),
section 1203 (hostage taking), section 1751 (violence
against the President or Presidential staff), section
1992 (wrecking trains), section 2280 (maritime vio-
lence), section 2281 (maritime platform violence),
section 2332 (terrorist acts abroad against United
States nationals), section 2339A (use of weapons of
mass destruction), or section 2381 (treason) of this
title, section 1826 of title 28 (persons in custody as
recalcitrant witnesses or hospitalized following insan-
ity acquittal), or section 902 (i) or (n) of the Fed-
eral Aviation Act of 1958 (49 U.S.C. App. 1472 (i)
or (n) (aircraft piracy)).
‘‘(2) INVOLVEMENT OF FIREARM OR PREVIOUS
CONVICTION OF VIOLENT FELONY INVOLVING FIRE-
ARM.—The defendant—
‘‘(A) during and in relation to the commis-
sion of the offense or in escaping or attempting
to escape apprehension used or possessed a fire-
arm (as defined in section 921); or
‘‘(B) has previously been convicted of a
Federal or State offense punishable by a term
of imprisonment of more than 1 year, involving
the use of attempted or threatened use of a
firearm (as defined in section 921), against an-
other person.
‘‘(3) PREVIOUS CONVICTION OF OFFENSE FOR
WHICH A SENTENCE OF DEATH OR LIFE IMPRISON-
MENT WAS AUTHORIZED.—The defendant has pre-
viously been convicted of another Federal or State
offense resulting in the death of a person, for which
a sentence of life imprisonment or death was author-
ized by statute.
‘‘(4) PREVIOUS CONVICTION OF OTHER SERI-
OUS OFFENSES.—The defendant has previously been
convicted of 2 or more Federal or State offenses,
each punishable by a term of imprisonment of more
than 1 year, committed on different occasions, in-
volving the importation, manufacture, or distribution
of a controlled substance (as defined in section 102
of the Controlled Substances Act (21 U.S.C. 802))
or the infliction of, or attempted infliction of, serious
bodily injury or death upon another person.
‘‘(5) GRAVE RISK OF DEATH TO ADDITIONAL
PERSONS.—The defendant, in the commission of the
offense or in escaping or attempting to escape ap-
prehension, knowingly created a grave risk of death
to one or more persons in addition to the victim of
the offense.
‘‘(6) HEINOUS, CRUEL OR DEPRAVED MANNER
OF COMMISSION.—The defendant committed the of-
fense in an especially heinous, cruel, or depraved
manner in that it involved torture or serious physical
abuse to the victim.
‘‘(7) PROCUREMENT
OF
OFFENSE
BY
PAY-
MENT.—The defendant procured the commission of
the offense by payment, or promise of payment, of
anything of pecuniary value.
‘‘(8) COMMISSION OF THE OFFENSE FOR PECU-
NIARY GAIN.—The defendant committed the offense
as consideration for the receipt, or in the expectation
of the receipt, of anything of pecuniary value.
‘‘(9) 
SUBSTANTIAL
PLANNING
AND
PREMEDITATION.—The defendant committed the of-
fense after substantial planning and premeditation.
‘‘(10) VULNERABILITY OF VICTIM.—The victim
was particularly vulnerable due to old age, youth, or
infirmity.
‘‘(11) TYPE OF VICTIM.—The defendant com-
mitted the offense against—
‘‘(A) the President of the United States,
the President-elect, the Vice President, the Vice
President-elect, the Vice President-designate,
or, if there was no Vice President, the officer
next in order of succession to the office of the
President of the United States, or any person
acting as President under the Constitution and
laws of the United States;
‘‘(B) a chief of state, head of government,
or the political equivalent, of a foreign nation;
‘‘(C) a foreign official listed in section
1116(b)(3)(A), if that official was in the United
States on official business; or
‘‘(D) a Federal public servant who was
outside of the United States or who was a Fed-
eral judge, a Federal law enforcement officer,
an employee (including a volunteer or contract
employee) of a Federal prison, or an official of
the Federal Bureau of Prisons—
‘‘(i) while such public servant was en-
gaged in the performance of his official du-
ties;
‘‘(ii) because of the performance of
such public servant’s official duties; or
‘‘(iii) because of such public servant’s
status as a public servant.
For purposes of this paragraph, the terms ‘Presi-
dent-elect’ and ‘Vice President-elect’ mean such per-
sons as are the apparent successful candidates for
the offices of President and Vice President, respec-
tively, as ascertained from the results of the general
elections held to determine the electors of President
and Vice President in accordance with sections 1
and 2 of title 3; a ‘Federal law enforcement officer’
is a public servant authorized by law or by a Gov-
ernment agency or Congress to conduct or engage in
the prevention, investigation, or prosecution of an
offense; ‘Federal prison’ means a Federal correc-
tional, detention, or penal facility, Federal commu-
nity treatment center, or Federal halfway house, or
any such prison operated under contract with the
Federal Government; and ‘Federal judge’ means any
judicial officer of the United States, and includes a
justice of the Supreme Court and a United States
magistrate judge.
The jury, or if there is no jury, the court, may consider
whether any other aggravating factor exists.
‘‘(d) AGGRAVATING FACTORS FOR DRUG OFFENSE
DEATH PENALTY.—In determining whether a sentence of
death is justified for an offense described in section 3591
(3), (4), or (5), the jury, or if there is no jury, the court,
shall consider each of the following aggravating factors
and determine which, if any, exist:
‘‘(1) PREVIOUS CONVICTION OF OFFENSE FOR
WHICH A SENTENCE OF DEATH OR LIFE IMPRISON-
MENT WAS AUTHORIZED.—The defendant has pre-
viously been convicted of another Federal or State
offense resulting in the death of a person, for which
a sentence of life imprisonment or death was author-
ized by statute.
‘‘(2) PREVIOUS CONVICTION OF OTHER SERI-
OUS OFFENSES.—The defendant has previously been
convicted of two or more Federal or State offenses,
each punishable by a term of imprisonment of more
than one year, committed on different occasions, in-
volving the importation, manufacture, or distribution
of a controlled substance (as defined in section 102
of the Controlled Substances Act (21 U.S.C. 802))
or the infliction of, or attempted infliction of, serious
bodily injury or death upon another person.
‘‘(3) PREVIOUS SERIOUS DRUG FELONY CONVIC-
TION.—The defendant has previously been convicted
of another Federal or State offense involving the
manufacture, distribution, importation, or possession
of a controlled substance± (as defined in section 102
of the Controlled Substances Act (21 U.S.C. 802))
for which a sentence of five or more years of impris-
onment was authorized by statute.
‘‘(4) USE OF FIREARM.—In committing the of-
fense, or in furtherance of a continuing criminal en-
terprise of which the offense was a part, the defend-
ant used a firearm or knowingly directed, advised,
authorized, or assisted another to use a firearm (as
defined in section 921) to threaten, intimidate, as-
sault, or injure a person.
‘‘(5) DISTRIBUTION TO PERSONS UNDER 21.—
The offense, or a continuing criminal enterprise of
which the offense was a part, involved conduct pro-
scribed by section 418 of the Controlled Substances
Act (21 U.S.C. 859) which was committed directly
by the defendant or for which the defendant would
be liable under section 2 of this title.
‘‘(6) DISTRIBUTION NEAR SCHOOLS.—The of-
fense, or a continuing criminal enterprise of which
the offense was a part, involved conduct proscribed
by section 419 of the Controlled Substances Act (21
U.S.C. 860) which was committed directly by the de-
fendant or for which the defendant would be liable
under section 2 of this title.
‘‘(7) USING MINORS IN TRAFFICKING.—The of-
fense, or a continuing criminal enterprise of which
the offense was a part, involved conduct proscribed
by section 420 of the Controlled Substances Act (21
U.S.C. 861) which was committed directly by the de-
fendant or for which the defendant would be liable
under section 2 of this title.
‘‘(8) LETHAL ADULTERANT.—The offense in-
volved the importation, manufacture, or distribution
of a controlled substance (as defined in section 102
of the Controlled Substances Act (21 U.S.C. 802)),
mixed with a potentially lethal adulterant, and the
defendant was aware of the presence of the
adulterant.
The jury, or if there is no jury, the court, may consider
whether any other aggravating factor exists.
‘‘§ 3593. Special hearing to determine whether a sen-
tence of death is justified
‘‘(a) NOTICE BY THE GOVERNMENT.—Whenever the
Government intends to seek the death penalty for an of-
fense described in section 3591, the attorney for the Gov-
ernment, a reasonable time before the trial, or before ac-
ceptance by the court of a plea of guilty, or at such time
thereafter as the court may permit upon a showing of good
cause, shall sign and file with the court, and serve on the
defendant, a notice that the Government in the event of
conviction will seek the sentence of death. The notice shall
set forth the aggravating factor or factors enumerated in
section 3592, and any other aggravating factor not specifi-
cally enumerated in section 3592, that the Government,
if the defendant is convicted, will seek to prove as the basis
for the death penalty. The factors for which notice is pro-
vided under this subsection may include factors concerning
the effect of the offense on the victim and the victim’s
family. The court may permit the attorney for the Govern-
ment to amend the notice upon a showing of good cause.
‘‘(b) HEARING BEFORE A COURT OR JURY.—When
the attorney for the Government has filed a notice as re-
quired under subsection (a) and the defendant is found
guilty of an offense described in section 3591, the judge
who presided at the trial or before whom the guilty plea
was entered, or another judge if that judge is unavailable,
shall conduct a separate sentencing hearing to determine
the punishment to be imposed. Prior to such a hearing,
no presentence report shall be prepared by the United
States Probation Service, notwithstanding the provisions
of the Federal Rules of Criminal Procedure. The hearing
shall be conducted—
‘‘(1) before the jury that determined the de-
fendant’s guilt;
‘‘(2) before a jury impaneled for the purpose of
the hearing if—
‘‘(A) the defendant was convicted upon a
plea of guilty;
‘‘(B) the defendant was convicted after a
trial before the court sitting without a jury;
‘‘(C) the jury that determined the defend-
ant’s guilt was discharged for good cause; or
‘‘(D) after initial imposition of a sentence
under this section, reconsideration of the sen-
tence under the section is necessary; or
‘‘(3) before the court alone, upon motion of the
defendant and with the approval of the attorney for
the Government.
A jury impaneled pursuant to paragraph (2) shall consist
of 12 members, unless, at any time before the conclusion
of the hearing, the parties stipulate, with the approval of
the court, that it shall consist of a lesser number.
‘‘(c) PROOF OF MITIGATING AND AGGRAVATING FAC-
TORS.—At the hearing, information may be presented as
to—
‘‘(1) any matter relating to any mitigating fac-
tor listed in section 3592 and any other mitigating
factor; and
‘‘(2) any matter relating to any aggravating
factor listed in section 3592 for which notice has
been provided under subsection (a) and (if informa-
tion is presented relating to such a listed factor) any
other aggravating factor for which notice has been
so provided.
The information presented may include the trial transcript
and exhibits. Any other information relevant to such miti-
gating or aggravating factors may be presented by either
the Government or the defendant. The information pre-
sented by the Government in support of factors concerning
the effect of the offense on the victim and the victim’s
family may include oral testimony, a victim impact state-
ment that identifies the victim of the offense and the na-
ture and extent of harm and loss suffered by the victim
and the victim’s family, and other relevant information.
Information is admissible regardless of its admissibility
under the rules governing admission of evidence at crimi-
nal trials, except that information may be excluded if its
probative value is outweighed by the danger of creating
unfair prejudice, confusing the issues, or misleading the
jury. The attorney for the Government and for the defend-
ant shall be permitted to rebut any information received
at the hearing, and shall be given fair opportunity to
present argument as to the adequacy of the information
to establish the existence of any aggravating or mitigating
factor, and as to the appropriateness in that case of im-
posing a sentence of death. The attorney for the Govern-
ment shall open the argument. The defendant shall be per-
mitted to reply. The Government shall then be permitted
to reply in rebuttal. The burden of establishing the exist-
ence of an aggravating factor is on the Government, and
is not satisfied unless the existence of such a factor is es-
tablished beyond a reasonable doubt. The burden of estab-
lishing the existence of any mitigating factor is on the de-
fendant, and is not satisfied unless the existence of such
a factor is established by a preponderance of the evidence.
‘‘(d) RETURN OF SPECIAL FINDINGS.—The jury, or
if there is no jury, the court, shall consider all the informa-
tion received during the hearing. It shall return special
findings identifying any aggravating factor or factors set
forth in section 3592 found to exist and any other aggra-
vating factor for which notice has been provided under
subsection (a) found to exist. A finding with respect to
a mitigating factor may be made by one or more members
of the jury, and any member of the jury who finds the
existence of a mitigating factor may consider such factor
established for purposes of this section regardless of the
number of jurors who concur that the factor has been es-
tablished. A finding with respect to any aggravating factor
must be unanimous. If no aggravating factor set forth in
section 3592 is found to exist, the court shall impose a
sentence other than death authorized by law.
‘‘(e) RETURN OF A FINDING CONCERNING A SEN-
TENCE OF DEATH.—If, in the case of—
‘‘(1) an offense described in section 3591(1), an
aggravating factor required to be considered under
section 3592(b) is found to exist;
‘‘(2) an offense described in section 3591 (2) or
(6), an aggravating factor required to be considered
under section 3592(c) is found to exist; or
‘‘(3) an offense described in section 3591 (3),
(4), or (5), an aggravating factor required to be con-
sidered under section 3592(d) is found to exist,
the jury, or if there is no jury, the court, shall then con-
sider whether the aggravating factor or factors found to
exist under subsection (d) outweigh any mitigating factor
or factors. The jury, or if there is no jury, the court shall
recommend a sentence of death if it unanimously finds at
least one aggravating factor and no mitigating factor or
if it finds one or more aggravating factors which outweigh
any mitigating factors. In any other case, it shall not rec-
ommend a sentence of death. The jury shall be instructed
that it must avoid any influence of sympathy, sentiment,
passion, prejudice, or other arbitrary factors in its deci-
sion, and should make such a recommendation as the in-
formation warrants.
‘‘(f) SPECIAL PRECAUTION TO ASSURE AGAINST
DISCRIMINATION.—In a hearing held before a jury, the
court, prior to the return of a finding under subsection
(e), shall instruct the jury that, in considering whether
a sentence of death is justified, it shall not be influenced
by prejudice or bias relating to the race, color, religion,
national origin, or sex of the defendant or of any victim
and that the jury is not to recommend a sentence of death
unless it has concluded that it would recommend a sen-
tence of death for the crime in question no matter what
the race, color, religion, national origin, or sex of the de-
fendant or of any victim may be. The jury, upon return
of a finding under subsection (e), shall also return to the
court a certificate, signed by each juror, that prejudice or
bias relating to the race, color, religion, national origin,
or sex of the defendant or any victim was not involved
in reaching his or her individual decision and that the indi-
vidual juror would have made the same recommendation
regarding a sentence for the crime in question no matter
what the race, color, religion, national origin, or sex of
the defendant or any victim may be.
‘‘§ 3594. Imposition of a sentence of death
‘‘Upon the recommendation under section 3593(e)
that a sentence of death be imposed, the court shall sen-
tence the defendant to death. Otherwise the court shall
impose a sentence, other than death, authorized by law.
Notwithstanding any other provision of law, if the maxi-
mum term of imprisonment for the offense is life imprison-
ment, the court may impose a sentence of life imprison-
ment without the possibility of release.
‘‘§ 3595. Review of a sentence of death
‘‘(a) APPEAL.—In a case in which a sentence of death
is imposed, the sentence shall be subject to review by the
court of appeals upon appeal by the defendant. Notice of
appeal of the sentence must be filed within the time speci-
fied for the filing of a notice of appeal of the judgment
of conviction. An appeal of the sentence under this section
may be consolidated with an appeal of the judgment of
conviction and shall have priority over all other cases.
‘‘(b) REVIEW.—The court of appeals shall review the
entire record in the case, including—
‘‘(1) the evidence submitted during the trial;
‘‘(2) the information submitted during the sen-
tencing hearing;
‘‘(3) the procedures employed in the sentencing
hearing; and
‘‘(4) the special findings returned under section
3593(d).
‘‘(c) DECISION AND DISPOSITION.—
‘‘(1) AFFIRMANCE.—If the court of appeals de-
termines that—
‘‘(A) the sentence of death was not im-
posed under the influence of passion, prejudice,
or any other arbitrary factor;
‘‘(B) the evidence and information support
the special findings of the existence of an ag-
gravating factor or factors; and
‘‘(C) the proceedings did not involve any
other prejudicial error requiring reversal of the
sentence that was properly preserved for and
raised on appeal,
it shall affirm the sentence.
‘‘(2) REMAND.—In a case in which the sentence
is not affirmed under paragraph (1), the court of
appeals shall remand the case for reconsideration
under section 3593 or for imposition of another au-
thorized sentence as appropriate, except that the
court shall not reverse a sentence of death on the
ground that an aggravating factor was invalid or
was not supported by the evidence and information
if at least one aggravating factor required to be con-
sidered under section 3592 remains which was found
to exist and the court, on the basis of the evidence
submitted at trial and the information submitted at
the sentencing hearing, finds no mitigating factor or
finds that the remaining aggravating factor or fac-
tors which were found to exist outweigh any mitigat-
ing factors.
‘‘(3) STATEMENT OF REASONS.—The court of
appeals shall state in writing the reasons for its dis-
position of an appeal of a sentence of death under
this section.
‘‘§ 3596. Implementation of a sentence of death
‘‘(a) IN GENERAL.—A person who has been sen-
tenced to death pursuant to this chapter shall be commit-
ted to the custody of the Attorney General until exhaus-
tion of the procedures for appeal of the judgment of con-
viction and for review of the sentence. When the sentence
is to be implemented, the Attorney General shall release
the person sentenced to death to the custody of a United
States Marshal, who shall supervise implementation of the
sentence in the manner prescribed by the law of the State
in which the sentence is imposed. If the law of such State
does not provide for implementation of a sentence of
death, the court shall designate another State, the law of
which does so provide, and the sentence shall be imple-
mented in the manner prescribed by such law.
‘‘(b) SPECIAL BARS TO EXECUTION.—A sentence of
death shall not be carried out upon a person who lacks
the mental capacity to understand the death penalty and
why it was imposed on that person, or upon a woman while
she is pregnant.
‘‘(c) EMPLOYEES MAY DECLINE TO PARTICIPATE.—
No employee of any State department of corrections, the
Federal Bureau of Prisons, or the United States Marshals
Service, and no employee providing services to that depart-
ment, bureau, or service under contract shall be required,
as a condition of that employment or contractual obliga-
tion, to be in attendance at or to participate in any execu-
tion carried out under this section if such participation
is contrary to the moral or religious convictions of the em-
ployee. For purposes of this subsection, the term ‘partici-
pate in any execution’ includes personal preparation of the
condemned individual and the apparatus used for the exe-
cution, and supervision of the activities of other personnel
in carrying out such activities.
‘‘§ 3597. Use of State facilities
‘‘A United States Marshal charged with supervising
the implementation of a sentence of death may use appro-
priate State or local facilities for the purpose, may use
the services of an appropriate State or local official or of
a person such an official employs for the purpose, and
shall pay the costs thereof in an amount approved by the
Attorney General.
‘‘§ 3598. Appointment of counsel
‘‘(a) REPRESENTATION
OF
INDIGENT
DEFEND-
ANTS.—This section shall govern the appointment of coun-
sel for any defendant against whom a sentence of death
is sought, or on whom a sentence of death has been im-
posed, for an offense against the United States, where the
defendant is or becomes financially unable to obtain ade-
quate representation. Such a defendant shall be entitled
to appointment of counsel from the commencement of trial
proceedings until one of the conditions specified in section
3599(b) has occurred. This section shall not affect the ap-
pointment of counsel and the provision of ancillary legal
services under section 408(q) (4), (5), (6), (7), (8), (9),
and (10) of the Controlled Substances Act (21 U.S.C. 848
(q) (4), (5), (6), (7), (8), (9), and (10)).
‘‘(b) REPRESENTATION BEFORE FINALITY OF JUDG-
MENT.—A defendant within the scope of this section shall
have counsel appointed for trial representation as provided
in section 3005. At least 1 counsel so appointed shall con-
tinue to represent the defendant until the conclusion of
direct review of the judgment, unless replaced by the court
with other qualified counsel.
‘‘(c) REPRESENTATION AFTER FINALITY OF JUDG-
MENT.—When a judgment imposing a sentence of death
has become final through affirmance by the Supreme
Court on direct review, denial of certiorari by the Supreme
Court on direct review, or expiration of the time for seek-
ing direct review in the court of appeals or the Supreme
Court, the Government shall promptly notify the district
court that imposed the sentence. Within 10 days after re-
ceipt of such notice, the district court shall proceed to
make a determination whether the defendant is eligible
under this section for appointment of counsel for subse-
quent proceedings. On the basis of the determination, the
court shall issue an order—
‘‘(1) appointing 1 or more counsel to represent
the defendant upon a finding that the defendant is
financially unable to obtain adequate representation
and wishes to have counsel appointed or is unable
competently to decide whether to accept or reject ap-
pointment of counsel;
‘‘(2) finding, after a hearing if necessary, that
the defendant rejected appointment of counsel and
made the decision with an understanding of its legal
consequences; or
‘‘(3) denying the appointment of counsel upon
a finding that the defendant is financially able to ob-
tain adequate representation.
Counsel appointed pursuant to this subsection shall be dif-
ferent from the counsel who represented the defendant at
trial and on direct review unless the defendant and counsel
request a continuation or renewal of the earlier represen-
tation.
‘‘(d) STANDARDS FOR COMPETENCE OF COUNSEL.—
In relation to a defendant who is entitled to appointment
of counsel under this section, at least 1 counsel appointed
for trial representation must have been admitted to the
bar for at least 5 years and have at least 3 years of experi-
ence in the trial of felony cases in the federal district
courts. If new counsel is appointed after judgment, at
least 1 counsel so appointed must have been admitted to
the bar for at least 5 years and have at least 3 years of
experience in the litigation of felony cases in the Federal