I 
110TH CONGRESS 
2D SESSION 
H. R. 6875 
To abolish the death penalty under Federal law. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 11, 2008 
Mr. KUCINICH (for himself, Mr. CAPUANO, Mrs. CHRISTENSEN, Mr. CLAY, 
Mr. CONYERS, Mr. CUMMINGS, Mr. DAVIS of Illinois, Mr. ELLISON, Mr. 
FATTAH, Mr. KENNEDY, Ms. KILPATRICK, Ms. MCCOLLUM of Minnesota, 
Ms. NORTON, Mr. PAYNE, Ms. SCHAKOWSKY, Mr. STARK, Ms. WATERS, 
Ms. WATSON, and Ms. WOOLSEY) introduced the following bill; which was 
referred to the Committee on the Judiciary, and in addition to the Com-
mittee on Armed Services, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in 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 2008’’. 
SEC. 2. REPEAL OF FEDERAL LAWS PROVIDING FOR THE 
DEATH PENALTY. 
(a) HOMICIDE-RELATED OFFENSES.— 
VerDate Aug 31 2005 
00:41 Sep 12, 2008
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6875.IH
H6875
rfrederick on PROD1PC67 with BILLS
(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’’. 
VerDate Aug 31 2005 
00:41 Sep 12, 2008
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6875.IH
H6875
rfrederick on PROD1PC67 with BILLS
(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. 
VerDate Aug 31 2005 
00:41 Sep 12, 2008
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6875.IH
H6875
rfrederick on PROD1PC67 with BILLS
(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’’. 
VerDate Aug 31 2005 
00:41 Sep 12, 2008
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6875.IH
H6875
rfrederick on PROD1PC67 with BILLS
(A) in subsection (a), in the matter fol-
lowing paragraph (4), by striking ‘‘, and if 
death results shall be punished by death’’ and 
all that follows through the end of the sub-
section and inserting a period; and 
(B) in subsection (b), by striking ‘‘, and if 
death results shall be punished by death’’ and 
all that follows through the end of the sub-
section and inserting a period. 
(34) MURDER BY ACT OF TERRORISM TRAN-
SCENDING
NATIONAL
BOUNDARIES.—Section 
2332b(c)(1)(A) of title 18, United States Code, is 
amended by striking ‘‘by death, or’’. 
(35) MURDER
INVOLVING
TORTURE.—Section 
2340A(a) of title 18, United States Code, is amend-
ed by striking ‘‘punished by death or’’. 
(36) MURDER INVOLVING A WAR CRIME.—Sec-
tion 2441(a) of title 18, United States Code, is 
amended by striking ‘‘, and if death results to the 
victim, shall also be subject to the penalty of death’’. 
(37) MURDER
RELATED
TO
A
CONTINUING 
CRIMINAL ENTERPRISE OR RELATED MURDER OF A 
FEDERAL, STATE, OR
LOCAL
LAW
ENFORCEMENT 
OFFICER.—Section 408(e) of the Controlled Sub-
stances Act (21 U.S.C. 848(e)) is amended— 
VerDate Aug 31 2005 
00:41 Sep 12, 2008
Jkt 069200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H6875.IH
H6875
rfrederick on PROD1PC67 with BILLS
(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.— 
VerDate Aug 31 2005 
00:41 Sep 12, 2008
Jkt 069200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H6875.IH
H6875
rfrederick on PROD1PC67 with BILLS
(1) 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.’’. 
(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’’. 
VerDate Aug 31 2005 
00:41 Sep 12, 2008
Jkt 069200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H6875.IH
H6875
rfrederick on PROD1PC67 with BILLS
(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 
commission may direct’’ and inserting ‘‘be pun-
ished as a court-martial or military commission 
may direct’’. 
VerDate Aug 31 2005 
00:41 Sep 12, 2008
Jkt 069200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H6875.IH
H6875
rfrederick on PROD1PC67 with BILLS
(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.’’; 
(iv) in subsection (b), as so redesig-
nated— 
(I) by striking ‘‘paragraph (1)’’ 
and inserting ‘‘subsection (a)’’; and 
VerDate Aug 31 2005 
00:41 Sep 12, 2008
Jkt 069200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H6875.IH
H6875
rfrederick on PROD1PC67 with BILLS
(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.’’. 
(N) MURDER.—Section 918 of title 10, 
United States Code (article 118), is amended 
by striking ‘‘death or imprisonment for life as 
VerDate Aug 31 2005 
00:41 Sep 12, 2008
Jkt 069200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H6875.IH
H6875
rfrederick on PROD1PC67 with BILLS
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) RAPE.—Section 920(a) of title 10, 
United States Code (article 120(a)), is amended 
by striking ‘‘by death or such other punish-
ment’’. 
(Q) 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.’’; 
VerDate Aug 31 2005 
00:41 Sep 12, 2008
Jkt 069200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H6875.IH
H6875
rfrederick on PROD1PC67 with BILLS
(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.’’; 
VerDate Aug 31 2005 
00:41 Sep 12, 2008
Jkt 069200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H6875.IH
H6875
rfrederick on PROD1PC67 with BILLS
(x) in paragraph (15), by striking ‘‘by 
death or such other punishment’’; 
(xi) in paragraph (17), by striking ‘‘, 
if death results’’ and all that follows and 
inserting ‘‘as a military commission under 
this chapter may direct.’’; 
(xii) in paragraph (23), by striking ‘‘, 
if death results’’ and all that follows and 
inserting ‘‘as a military commission under 
this chapter may direct.’’; 
(xiii) in paragraph (24), by striking ‘‘, 
if death results’’ and all that follows and 
inserting ‘‘as a military commission under 
this chapter may direct.’’; 
(xiv) in paragraph (27), by striking 
‘‘by death or such other punishment’’; and 
(xv) in paragraph (28), by striking ‘‘, 
if death results’’ and all that follows and 
inserting ‘‘as a military commission under 
this chapter may direct.’’. 
(2) JURISDICTIONAL
AND
PROCEDURAL
MAT-
TERS.— 
(A) DISMISSED OFFICER’S RIGHT TO TRIAL 
BY
COURT-MARTIAL.—Section 804(a) of title 
10, United States Code (article 4(a) of the Uni-
VerDate Aug 31 2005 
00:41 Sep 12, 2008
Jkt 069200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H6875.IH
H6875
rfrederick on PROD1PC67 with BILLS
form Code of Military Justice), is amended by 
striking ‘‘or death’’. 
(B) COURTS-MARTIAL
CLASSIFIED.—Sec-
tion 816(1)(A) of title 10, United States Code 
(article 10(1)(A)), is amended by striking ‘‘or, 
in a case in which the accused may be sen-
tenced to a penalty of death’’ and all that fol-
lows through ‘‘(article 25a)’’. 
(C) JURISDICTION OF GENERAL COURTS- 
MARTIAL.—Section 818 of title 10, United 
States Code (article 18), is amended— 
(i) in the first sentence by striking 
‘‘including the penalty of death when spe-
cifically authorized by this chapter’’ and 
inserting ‘‘except death’’; and 
(ii) by striking the third sentence. 
(D) JURISDICTION
OF
SPECIAL
COURTS- 
MARTIAL.—Section 819 of title 10, United 
States Code (article 19), is amended in the first 
sentence by striking ‘‘for any noncapital of-
fense’’ and all that follows and inserting ‘‘for 
any offense made punishable by this chapter.’’. 
(E) JURISDICTION OF SUMMARY COURTS- 
MARTIAL.—Section 820 of title 10, United 
VerDate Aug 31 2005 
00:41 Sep 12, 2008
Jkt 069200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H6875.IH
H6875
rfrederick on PROD1PC67 with BILLS
States Code (article 20), is amended in the first 
sentence by striking ‘‘noncapital’’. 
(F) NUMBER
OF
MEMBERS
IN
CAPITAL 
CASES.— 
(i) IN
GENERAL.—Section 825a of 
title 10, United States Code (article 25a), 
is repealed. 
(ii) 
CLERICAL
AMENDMENT.—The 
table of sections at the beginning of sub-
chapter V of chapter 47 of title 10, United 
States Code, is amended by striking the 
item relating to section 825a (article 25a). 
(G) ABSENT
AND
ADDITIONAL
MEM-
BERS.—Section 829(b)(2) of title 10, United 
States Code (article 29(b)(2)), is amended by 
striking ‘‘or, in a case in which the death pen-
alty may be adjudged’’ and all that follows and 
inserting a period. 
(H) STATUTE
OF
LIMITATIONS.—Sub-
section (a) of section 843 of title 10, United 
States Code (article 43), is amended to read as 
follows: 
‘‘(a)(1) A person charged with an offense described 
in paragraph (2) may be tried and punished at any time 
without limitation. 
VerDate Aug 31 2005 
00:41 Sep 12, 2008
Jkt 069200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H6875.IH
H6875
rfrederick on PROD1PC67 with BILLS
‘‘(2) An offense described in this paragraph is any 
offense as follows: 
‘‘(A) Absence without leave or missing move-
ment in time of war. 
‘‘(B) Murder. 
‘‘(C) Rape. 
‘‘(D) A violation of section 881 of this title (ar-
ticle 81) that results in death to one or more of the 
victims. 
‘‘(E) Desertion or attempt to desert in time of 
war. 
‘‘(F) A violation of section 890 of this title (ar-
ticle 90) committed in time of war. 
‘‘(G) Attempted mutiny, mutiny, sedition, or 
failure to suppress or report a mutiny or sedition. 
‘‘(H) A violation of section 899 of this title (ar-
ticle 99). 
‘‘(I) A violation of section 900 of this title (arti-
cle 100). 
‘‘(J) A violation of section 901 of this title (ar-
ticle 101). 
‘‘(K) A violation of section 902 of this title (ar-
ticle 102). 
‘‘(L) A violation of section 904 of this title (ar-
ticle 104). 
VerDate Aug 31 2005 
00:41 Sep 12, 2008
Jkt 069200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H6875.IH
H6875
rfrederick on PROD1PC67 with BILLS
‘‘(M) A violation of section 906 of this title (ar-
ticle 106). 
‘‘(N) A violation of section 906a of this title 
(article 106a). 
‘‘(O) A violation of section 910 of this title (ar-
ticle 110) in which the person subject to this chapter 
willfully and wrongfully hazarded or suffered to be 
hazarded any vessel of the Armed Forces. 
‘‘(P) A violation of section 913 of this title (ar-
ticle 113) committed in time of war.’’. 
(I) PLEAS OF ACCUSED.—Section 845(b) 
of title 10, United States Code (article 45(b)), 
is amended— 
(i) by striking the first sentence; and 
(ii) by striking ‘‘With respect to any 
other charge’’ and inserting ‘‘With respect 
to any charge’’. 
(J) DEPOSITIONS.—Section 849 of title 
10, United States Code (article 49), is amend-
ed— 
(i) in subsection (d), by striking ‘‘in 
any case not capital’’; and 
(ii) by striking subsections (e) and (f). 
VerDate Aug 31 2005 
00:41 Sep 12, 2008
Jkt 069200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H6875.IH
H6875
rfrederick on PROD1PC67 with BILLS
(K) 
ADMISSIBILITY
OF
RECORDS
OF 
COURTS OF INQUIRY.—Section 850 of title 10, 
United States Code (article 50), is amended— 
(i) in subsection (a), by striking ‘‘not 
capital and’’; and 
(ii) in subsection (b), by striking 
‘‘capital cases or’’. 
(L) NUMBER
OF
VOTES
REQUIRED
FOR 
CONVICTION AND SENTENCING BY COURT-MAR-
TIAL.—Section 852 of title 10, United States 
Code (article 52), is amended— 
(i) in subsection (a)— 
(I) by striking paragraph (1); 
(II) by redesignating paragraph 
(2) as subsection (a); and 
(III) by striking ‘‘any other of-
fense’’ and inserting ‘‘any offense’’; 
and 
(ii) in subsection (b)— 
(I) by striking paragraph (1); 
and 
(II) by redesignating paragraphs 
(2) and (3) as paragraphs (1) and 
(2), respectively. 
VerDate Aug 31 2005 
00:41 Sep 12, 2008
Jkt 069200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H6875.IH
H6875
rfrederick on PROD1PC67 with BILLS
(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— 
VerDate Aug 31 2005 
00:41 Sep 12, 2008
Jkt 069200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H6875.IH
H6875
rfrederick on PROD1PC67 with BILLS
(i) in the matter preceding paragraph 
(1), by inserting ‘‘in which’’ after ‘‘court- 
martial’’; 
(ii) in paragraph (1), by striking ‘‘in 
which the sentence, as approved, extends 
to death,’’ and inserting ‘‘the sentence, as 
approved, extends to’’; and 
(iii) in paragraph (2), by striking ‘‘ex-
cept in the case of a sentence extending to 
death,’’. 
(Q) REVIEW BY COURT OF APPEALS FOR 
THE ARMED FORCES.—Section 867(a) of title 
10, United States Code (article 67(a)), is 
amended— 
(i) by striking paragraph (1); and 
(ii) by redesignating paragraphs (2) 
and (3) as paragraphs (1) and (2), respec-
tively. 
(R) EXECUTION
OF
SENTENCE.—Section 
871 of title 10, United States Code (article 71), 
is amended— 
(i) by striking subsection (a); 
(ii) by redesignating subsection (b) as 
subsection (a); 
VerDate Aug 31 2005 
05:26 Sep 12, 2008
Jkt 069200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H6875.IH
H6875
rfrederick on PROD1PC67 with BILLS
(iii) by striking subsection (c) and in-
serting the following: 
‘‘(b)(1) If a sentence extends to dismissal or a dishon-
orable or bad conduct discharge and if the right of the 
accused to appellate review is not waived, and an appeal 
is not withdrawn, under section 861 of this title (article 
61), that part of the sentence extending to dismissal or 
a dishonorable or bad conduct discharge may not be exe-
cuted until there is a final judgment as to the legality of 
the proceedings (and with respect to dismissal, approval 
under subsection (a)). A judgment as to legality of the 
proceedings is final in such cases when review is completed 
by a Court of Criminal Appeals and— 
‘‘(A) the time for the accused to file a peti-
tion for review by the Court of Appeals for the 
Armed Forces has expired and the accused has 
not filed a timely petition for such review and 
the case is not otherwise under review by that 
Court; 
‘‘(B) such a petition is rejected by the 
Court of Appeals for the Armed Forces; or 
‘‘(C) review is completed in accordance 
with the judgment of the Court of Appeals for 
the Armed Forces and— 
VerDate Aug 31 2005 
00:41 Sep 12, 2008
Jkt 069200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H6875.IH
H6875
rfrederick on PROD1PC67 with BILLS
‘‘(i) a petition for a writ of certiorari 
is not filed within the time limits pre-
scribed by the Supreme Court; 
‘‘(ii) such a petition is rejected by the 
Supreme Court; or 
‘‘(iii) review is otherwise completed in 
accordance with the judgment of the Su-
preme Court. 
‘‘(2) If a sentence extends to dismissal or a dishonor-
able or bad conduct discharge and if the right of the ac-
cused to appellate review is waived, or an appeal is with-
drawn, under section 861 of this title (article 61), that 
part of the sentence extending to dismissal or a bad con-
duct or dishonorable discharge may not be executed until 
review of the case by a judge advocate (and any action 
on that review) under section 864 of this title (article 64) 
is completed. Any other part of a court-martial sentence 
may be ordered executed by the convening authority or 
other person acting on the case under section 860 of this 
title (article 60) when approved by him under that sec-
tion.’’; 
(iv) by redesignating subsection (d) as 
subsection (c); and 
VerDate Aug 31 2005 
00:41 Sep 12, 2008
Jkt 069200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H6875.IH
H6875
rfrederick on PROD1PC67 with BILLS
(v) in subsection (c), as so redesig-
nated, by striking ‘‘, except a sentence of 
death’’. 
(S) GENERAL
ARTICLE.—Section 934 of 
title 10, United States Code (article 134), is 
amended by striking ‘‘crimes and offenses not 
capital’’ and inserting ‘‘crimes and offenses’’. 
(T) JURISDICTION OF MILITARY COMMIS-
SIONS.—Section 948d(d) of title 10, United 
States Code, is amended by striking ‘‘including 
the penalty of death’’ and all that follows and 
inserting ‘‘except death.’’. 
(U) NUMBER OF MEMBERS OF MILITARY 
COMMISSIONS.—Subsection (a) of section 948m 
of title 10, United States Code, is amended to 
read as follows: 
‘‘(a) NUMBER OF MEMBERS.—A military commission 
under this chapter shall have at least 5 members.’’. 
(V) NUMBER
OF
VOTES
REQUIRED
FOR 
SENTENCING BY MILITARY COMMISSION.—Sec-
tion 949m of title 10, United States Code, is 
amended— 
(i) in subsection (b)— 
(I) by striking paragraph (1); 
and 
VerDate Aug 31 2005 
00:41 Sep 12, 2008
Jkt 069200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H6875.IH
H6875
rfrederick on PROD1PC67 with BILLS
(III) by redesignating subsection 
(d) as subsection (b); and 
(IV) in subsection (b), as so re-
designated, by striking ‘‘, except a 
sentence of death’’. 
(ii) 
CLERICAL
AMENDMENT.—The 
table of sections at the beginning of sub-
chapter VI of chapter 47A of title 10, 
United States Code, is amended by strik-
ing the item relating to section 950i and 
inserting the following new item: 
‘‘950i. Execution of sentence.’’. 
(d) CONFORMING AMENDMENTS.— 
(1) REPEAL OF CRIMINAL PROCEDURES RELAT-
ING TO IMPOSITION OF DEATH SENTENCE.— 
(A) IN
GENERAL.—Chapter 228 of title 
18, United States Code, is repealed. 
(B) CLERICAL AMENDMENT.—The table of 
chapters for part II of title 18, United States 
Code, is amended by striking the item relating 
to chapter 228. 
(2) OTHER PROVISIONS.— 
(A) INTERCEPTION
OF
WIRE, ORAL, OR 
ELECTRONIC
COMMUNICATIONS.—Section 
2516(1)(a) of title 18, United States Code, is 
amended by striking ‘‘by death or’’. 
VerDate Aug 31 2005 
00:41 Sep 12, 2008
Jkt 069200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H6875.IH
H6875
rfrederick on PROD1PC67 with BILLS
‘‘(11) An offense punishable under section 
1091(b)(1) of this title. 
‘‘(12) A violation of section 1111 of this title 
that is murder in the first degree. 
‘‘(13) A violation of section 1118 of this title. 
‘‘(14) A violation of subsection (a) or (b) of sec-
tion 1121 of this title. 
‘‘(15) A violation of section 1201(a) of this title 
that results in the death of any person. 
‘‘(16) A violation of section 1203(a) of this title 
that results in the death of any person. 
‘‘(17) An offense punishable under section 
1512(a)(3) of this title that is murder (as that term 
is defined in section 1111 of this title). 
‘‘(18) An offense punishable under section 
1716(j)(3) of this title. 
‘‘(19) A violation of subsection (b) or (d) of sec-
tion 1751 of this title. 
‘‘(20) A violation of section 1958(a) of this title 
that results in death. 
‘‘(21) A violation of section 1959(a) of this title 
that is murder. 
‘‘(22) A violation of subsection (a) (except for 
a violation of paragraph (8), (9) or (10) of such sub-
VerDate Aug 31 2005 
00:41 Sep 12, 2008
Jkt 069200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H6875.IH
H6875
rfrederick on PROD1PC67 with BILLS
section) or (b) of section 1992 of this title that re-
sults in the death of any person. 
‘‘(23) A violation of section 2113(e) of this title 
that results in death. 
‘‘(24) An offense punishable under section 
2119(3) of this title. 
‘‘(25) An offense punishable under section 
2245(a) of this title. 
‘‘(26) An violation of section 2251 of this title 
that results in the death of a person. 
‘‘(27) A violation of section 2280(a)(1) of this 
title that results in the death of any person. 
‘‘(28) A violation of section 2281(a)(1) of this 
title that results in the death of any person. 
‘‘(29) A violation of section 2282A(a) of this 
title that causes the death of any person. 
‘‘(30) A violation of section 2283(a) of this title 
that causes the death of any person. 
‘‘(31) An offense punishable under section 
2291(d) of this title. 
‘‘(32) An offense punishable under section 
2332(a)(1) of this title. 
‘‘(33) A violation of subsection (a) or (b) of sec-
tion 2332a of this title that results in death. 
VerDate Aug 31 2005 
00:41 Sep 12, 2008
Jkt 069200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H6875.IH
H6875
rfrederick on PROD1PC67 with BILLS
‘‘(34) An offense punishable under section 
2332b(c)(1)(A) of this title. 
‘‘(35) A violation of section 2340A(a) of this 
title that results in the death of any person. 
‘‘(36) A violation of section 2381 of this title. 
‘‘(37) A violation of section 2441(a) of this title 
that results in the death of the victim. 
‘‘(38) A violation of section 408(e) of the Con-
trolled Substances Act (21 U.S.C. 848(e)). 
‘‘(39) An offense punishable under subsection 
(a)(2)(B) or (b)(1)(B) of section 46502 of title 49.’’ 
(ii) 
CLERICAL
AMENDMENT.—The 
table of sections for chapter 213 of title 
18, United States Code, is amended by 
striking the item relating to section 3281 
and inserting the following: 
‘‘3281. Offenses with no period of limitations.’’. 
SEC. 3. PROHIBITION ON IMPOSITION OF DEATH SEN-
TENCE. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, no person may be sentenced to death or put 
to death on or after the date of enactment of this Act 
for any violation of Federal law. 
(b) PERSONS SENTENCED BEFORE DATE OF ENACT-
MENT.—Notwithstanding any other provision of law, any 
person sentenced to death before the date of enactment 
VerDate Aug 31 2005 
00:41 Sep 12, 2008
Jkt 069200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H6875.IH
H6875
rfrederick on PROD1PC67 with BILLS
of this Act for any violation of Federal law shall serve 
a sentence of life imprisonment without the possibility of 
parole. 
Æ 
VerDate Aug 31 2005 
00:41 Sep 12, 2008
Jkt 069200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6301
E:\BILLS\H6875.IH
H6875
rfrederick on PROD1PC67 with BILLS