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TITLE VI-DEATH PENALTY
SEC. 60001. SHORT TITLE.
This title may be cited as the "Federal Death Penalty Act of
SEC. 60002. CONSTITUTIONAL PROCEDURES FOR THE IMPOSITION OF
SENTENCE OF DEATH.
(a) In General .-Part II of title 18, United States Code, is amended
by inserting after chapter 227 the following new chapter:
"CHAPTER 228-DEATH SENTENCE
"Sec.
"3591. Sentence of death.
"3592. Mitigating and aggravating 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. Special provisions for Indian country.
" 3591. Sentence of death
"(a) A defendant who has been found guilty of-
"(1) an offense described in section 794 or section 2381; or
"(2) any other offense for which a sentence of death is provided, if
the defendant, as determined beyond a reasonable doubt at the hearing
under section 3593-
"(A) intentionally killed the victim;
"(B) intentionally inflicted serious bodily injury that resulted in
the death of the victim;
"(C) intentionally participated in an act, contemplating that the life
of a person would be taken or intending that lethal force would be
used in connection with a person, other than one of the participants
in the offense, and the victim died as a direct result of the act; or
"(D) intentionally and specifically engaged in an act of violence,
knowing that the act created a grave risk of death to a person, other
than one of the participants in the offense, such that participation
in the act constituted a reckless disregard for human life and the
victim died as a direct result of the act,
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 imposition 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.
"(b) A defendant who has been found guilty of-
"(1) 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 criminal 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); or
"(2) 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 criminal 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 enterprise, attempts to kill or knowingly directs, advises,
authorizes, or assists another to attempt to kill any public officer,
juror, witness, or members of the family or household of such a
person,
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 imposition 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.
" 3592. Mitigating and aggravating factors to be considered in
determining whether a sentence of death is justified
"(a) Mitigating Factors .-In determining whether a sentence of death
is to be imposed on a defendant, the finder of fact shall consider any
mitigating factor, including the following:
"(1) Impaired capacity .-The defendant's capacity to appreciate the
wrongfulness of the defendant's conduct or to conform conduct to the
requirements of law was significantly impaired, regardless of whether
the capacity was so impaired as to constitute a defense to the charge.
"(2) Duress .-The defendant was under unusual and substantial duress,
regardless of whether the duress was of such a degree as to constitute
a defense to the charge.
"(3) Minor participation .-The defendant is punishable as a principal
in the offense, which was committed by another, but the defendant's
participation was relatively minor, regardless of whether the
participation was so minor as to constitute a defense to the charge.
"(4) Equally culpable defendants .-Another defendant or defendants,
equally culpable in the crime, will not be punished by death.
"(5) No prior criminal record .-The defendant did not have a
significant prior history of other criminal conduct.
"(6) Disturbance .-The defendant committed the offense under severe
mental or emotional disturbance.
"(7) Victim's consent .-The victim consented to the criminal conduct
that resulted in the victim's death.
"(8) Other factors .-Other factors in the defendant's background,
record, or character or any other circumstance of the offense that
mitigate against imposition of the death sentence.
"(b) Aggravating Factors for Espionage and Treason .-In determining
whether a sentence of death is [*H8817] justified for an offense
described in section 3591(a)(1), the jury, or if there is no jury, the
court, shall consider each of the following aggravating factors for
which notice has been given and determine which, if any, exist:
"(1) Prior espionage or treason offense .-The defendant has previously
been convicted of another offense involving espionage or treason for
which a sentence of either life imprisonment or death was authorized
by law.
"(2) Grave risk to national security .-In the commission of the
offense the defendant knowingly created a grave risk of substantial
danger to the national security.
"(3) Grave risk of death .-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 for which notice has been given exists.
"(c) Aggravating Factors for Homicide .-In determining whether a
sentence of death is justified for an offense described in section
3591(a)(2), the jury, or if there is no jury, the court, shall
consider each of the following aggravating factors for which notice
has been given and determine which, if any, exist:
"(1) Death during commission of another crime .-The death, or injury
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 (destruction of aircraft or aircraft
facilities), section 33 (destruction of motor vehicles or motor
vehicle facilities), section 36 (violence at international airports),
section 351 (violence against Members of Congress, Cabinet officers,
or Supreme Court Justices), an offense under section 751 (prisoners in
custody of institution or officer), section 794 (gathering or
delivering defense information 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 1118 (prisoners serving life term), section
1201 (kidnaping), section 844(i) (destruction of property affecting
interstate commerce by explosives), section 1116 (killing or attempted
killing of diplomats), section 1203 (hostage taking), section 1992
(wrecking trains), section 2280 (maritime violence), section 2281
(maritime platform violence), section 2332 (terrorist acts abroad
against United States nationals), section 2339 (use of weapons of mass
destruction), or section
2381 (treason) of this title, or section 46502 of title 49, United
States Code (aircraft piracy).
"(2) Previous conviction of violent felony involving firearm .-For any
offense, other than an offense for which a sentence of death is sought
on the basis of section 924(c), the defendant has previously been
convicted of a Federal or State offense punishable by a term of
imprisonment of more than 1 year, involving the use or attempted or
threatened use of a firearm (as defined in section 921) against
another person.
"(3) Previous conviction of offense for which a sentence of death or
life imprisonment was authorized .- The defendant has previously been
convicted of another Federal or State offense resulting in the death
of a person, for which a sentence of life imprisonment or a sentence
of death was authorized by statute.
"(4) Previous conviction of other serious offenses .-The defendant has
previously been convicted of 2 or more Federal or State offenses,
punishable by a term of imprisonment of more than 1 year, committed on
different occasions, involving 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 apprehension for the
violation of the offense, knowingly created a grave risk of death to 1
or more persons in addition to the victim of the offense.
"(6) Heinous, cruel, or depraved manner of committing offense .-The
defendant committed the offense 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 payment .-The defendant procured the
commission of the offense by payment, or promise of payment, of
anything of pecuniary value.
"(8) Pecuniary 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 offense after substantial planning and premeditation to cause the
death of a person or commit an act of terrorism.
"(10) Conviction for two felony drug offenses .-The defendant has
previously been convicted of 2 or more State or Federal offenses
punishable by a term of imprisonment of more than one year, committed
on different occasions, involving the distribution of a controlled
substance.
"(11) Vulnerability of victim .-The victim was particularly vulnerable
due to old age, youth, or infirmity.
"(12) Conviction for serious federal drug offenses .-The defendant had
previously been convicted of violating title II or III of the
Controlled Substances Act for which a sentence of 5 or more years may
be imposed or had previously been convicted of engaging in a
continuing criminal enterprise.
"(13) Continuing criminal enterprise involving drug sales to minors
.-The defendant committed the offense in the course of engaging in a
continuing criminal enterprise in violation of section 408(c) of the
Controlled Substances Act (21 U.S.C. 848(c)), and that violation
involved the distribution of drugs to persons under the age of 21 in
violation of section 418 of that Act (21 U.S.C. 859).
"(14) High public officials .-The defendant committed 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 is no Vice President, the officer next in order of succession
to the office of the President of the United States, or any person who
is 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 the
official is in the United States on official business; or
"(D) a Federal public servant who is a judge, a law enforcement
officer, or an employee of a United States penal or correctional
institution-
"(i) while he or she is engaged in the performance of his or her
official duties;
"(ii) because of the performance of his or her official duties; or
"(iii) because of his or her status as a public servant.
For purposes of this subparagraph, a 'law enforcement officer' is a
public servant authorized by law or by a Government agency or Congress
to conduct or engage in the prevention, investigation, or prosecution
or adjudication of an offense, and includes those engaged in
corrections, parole, or probation functions.
"(15) Prior conviction of sexual assault or child molestation .-In the
case of an offense under chapter 109A (sexual abuse) or chapter 110
(sexual abuse of children), the defendant has previously been
convicted of a crime of sexual assault or crime of child molestation.
The jury, or if there is no jury, the court, may consider whether any
other aggravating factor for which notice has been given 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(b), the jury, or if there is no jury, the
court, shall consider each of the following aggravating factors for
which notice has been given and determine which, if any, exist:
"(1) Previous conviction of offense for which a sentence of death or
life imprisonment was authorized .- The defendant has previously 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
authorized by statute.
"(2) Previous conviction of other serious 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, involving 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 conviction .-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 imprisonment was authorized by statute.
"(4) Use of firearm .-In committing the offense, or in furtherance of
a continuing criminal enterprise of which the offense was a part, the
defendant used a firearm or knowingly directed, advised, authorized,
or assisted another to use a firearm to threaten, intimidate, assault,
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
proscribed by section 418 of the Controlled Substances Act (21 U.S.C.
859) which was committed directly by the defendant.
"(6) Distribution near schools .-The offense, 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 defendant.
"(7) Using minors in trafficking .-The offense, 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 defendant.
"(8) Lethal adulterant .-The offense involved 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 for which notice has been given exists.
" 3593. Special hearing to determine whether a sentence of death is
justified
"(a) Notice by the Government .-If, in a case involving an offense
described in section 3591, the attorney for the government believes
that the circumstances of the offense are such that a sentence of
death is justified under this chapter, the attorney shall, a
reasonable time before the trial or before acceptance by the court of
a plea of guilty, sign and file with the court, and serve on the
defendant, a notice-
"(1) stating that the government believes that the circumstances of
the offense are such that, if the defendant is convicted, a sentence
of death is justified under this chapter and that the government will
seek the sentence of death; and
"(2) setting forth the aggravating factor or factors that the
government, if the defendant is convicted, proposes to prove as
justifying a sentence of death.
The factors for which notice is provided under this subsection may
include factors concerning the effect of the offense on the victim and
the victim's family, and may include oral testimony, a victim impact
statement that identifies the victim of the offense and the extent and
scope of the injury and loss suffered by the victim and the victim's
family, and any other relevant information. The court may permit the
attorney for the government to amend the notice upon a showing of good
cause.
"(b) Hearing Before a Court or Jury .-If the attorney for the
government has filed a notice as required under subsection (a) and the
defendant is found guilty of or pleads guilty to 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. The hearing shall be conducted-
"(1) before the jury that determined the defendant's guilt;
" [*H8818] (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 defendant's guilt was discharged for
good cause; or
"(D) after initial imposition of a sentence under this section,
reconsideration of the sentence under this section is necessary; or
"(3) before the court alone, upon the 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 Factors .-Notwithstanding
rule 32(c) of the Federal Rules of Criminal Procedure, when a
defendant is found guilty or pleads guilty to an offense under section
3591, no presentence report shall be prepared. At the sentencing
hearing, information may be presented as to any matter relevant to the
sentence, including any mitigating or aggravating factor permitted or
required to be considered under section 3592. Information presented
may include the trial transcript and exhibits if the hearing is held
before a jury or judge not present during the trial, or at the trial
judge's discretion. The defendant may present any information relevant
to a mitigating factor. The government may present any information
relevant to an aggravating factor for which notice has been provided
under subsection (a). Information is admissible regardless of its
admissibility under the rules governing admission of evidence at
criminal 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
government and the defendant 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 the case of
imposing a sentence of death. The government shall open the argument.
The defendant shall be permitted to reply. The government shall then
be permitted to reply in rebuttal. The burden of establishing the
existence of any aggravating factor is on the government, and is not
satisfied unless the existence of such a factor is established beyond
a reasonable doubt. The burden of establishing the existence of any
mitigating factor is on the defendant, and is not satisfied unless the
existence of such a factor is established by a preponderance of the
information.
"(d) Return of Special Findings .-The jury, or if there is no jury,
the court, shall consider all the information 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 aggravating 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 1 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 established. 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 Sentence of Death .-If, in the
case of-
"(1) an offense described in section 3591(a)(1), an aggravating factor
required to be considered under section 3592(b) is found to exist;
"(2) an offense described in section 3591(a)(2), an aggravating factor
required to be considered under section 3592(c) is found to exist; or
"(3) an offense described in section 3591(b), an aggravating factor
required to be considered under section 3592(d) is found to exist,
the jury, or if there is no jury, the court, shall consider whether
all the aggravating factor or factors found to exist sufficiently
outweigh all the mitigating factor or factors found to exist to
justify a sentence of death, or, in the absence of a mitigating
factor, whether the aggravating factor or factors alone are sufficient
to justify a sentence of death. Based upon this consideration, the
jury by unanimous vote, or if there is no jury, the court, shall
recommend whether the defendant should be sentenced to death, to life
imprisonment without possibility of release or some other lesser
sentence.
"(f) Special Precaution To Ensure 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
consider the race, color, religious beliefs, 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 sentence of death for the crime in question no matter what
the race, color, religious beliefs, national origin, or sex of the
defendant 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 consideration of the
race, color, religious beliefs, national origin, or sex of the
defendant or any victim was not involved in reaching his or her
individual decision and that the individual juror would have made the
same recommendation regarding a sentence for the crime in question no
matter what the race, color, religious beliefs, national origin, or
sex of the defendant or any victim may be.
" 3594. Imposition of a sentence of death
"Upon a recommendation under section 3593(e) that the defendant should
be sentenced to death or life imprisonment without possibility of
release, the court shall sentence the defendant accordingly.
Otherwise, the court shall impose any lesser sentence that is
authorized by law. Notwithstanding any other law, if the maximum term
of imprisonment for the offense is life imprisonment, the court may
impose a sentence of life imprisonment without 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 must be filed within the
time specified for the filing of a notice of appeal. An appeal 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 sentencing hearing;
"(3) the procedures employed in the sentencing hearing; and
"(4) the special findings returned under section 3593(d).
"(c) Decision and Disposition .- "(1) The court of appeals shall
address all substantive and procedural issues raised on the appeal of
a sentence of death, and shall consider whether the sentence of death
was imposed under the influence of passion, prejudice, or any other
arbitrary factor and whether the evidence supports the special finding
of the existence of an aggravating factor required to be considered
under section 3592.
"(2) Whenever the court of appeals finds that-
"(A) the sentence of death was imposed under the influence of passion,
prejudice, or any other arbitrary factor;
"(B) the admissible evidence and information adduced does not support
the special finding of the existence of the required aggravating
factor; or
"(C) the proceedings involved any other legal error requiring reversal
of the sentence that was properly preserved for appeal under the rules
of criminal
procedure,
the court shall remand the case for reconsideration under section 3593
or imposition of a sentence other than death. The court of appeals
shall not reverse or vacate a sentence of death on account of any
error which can be harmless, including any erroneous special finding
of an aggravating factor, where the Government establishes beyond a
reasonable doubt that the error was harmless.
"(3) The court of appeals shall state in writing the reasons for its
disposition 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 sentenced to death pursuant to
this chapter shall be committed to the custody of the Attorney General
until exhaustion of the procedures for appeal of the judgment of
conviction 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
the State does not provide for implementation of a sentence of death,
the court shall designate another State, the law of which does provide
for the implementation of a sentence of death, and the sentence shall
be implemented in the latter State in the manner prescribed by such
law.
"(b) Pregnant Woman .-A sentence of death shall not be carried out
upon a woman while she is pregnant.
"(c) Mental Capacity .-A sentence of death shall not be carried out
upon a person who is mentally retarded. A sentence of death shall not
be carried out upon a person who, as a result of mental disability,
lacks the mental capacity to understand the death penalty and why it
was imposed on that person.
" 3597. Use of State facilities
"(a) In General .-A United States marshal charged with supervising the
implementation of a sentence of death may use appropriate 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.
"(b) Excuse of an Employee on Moral or Religious Grounds .-No employee
of any State department of corrections, the United States Department
of Justice, the Federal Bureau of Prisons, or the United States
Marshals Service, and no employee providing services to that
department, bureau, or service under contract shall be required, as a
condition of that employment or contractual obligation, to be in
attendance at or to participate in any prosecution or execution under
this section if such participation is contrary to the moral or
religious convictions of the employee. In this subsection,
'participation in executions' includes personal preparation of the
condemned individual and the apparatus used for execution and
supervision of the activities of other personnel in carrying out such
activities.
" 3598. Special provisions for Indian country
"Notwithstanding sections 1152 and 1153, no person subject to the
criminal jurisdiction of an Indian tribal government shall be subject
to a capital sentence under this chapter for any offense the Federal
jurisdiction for which is predicated solely on Indian country (as
defined in section 1151 of this title) and which has occurred within
the boundaries of Indian country, unless the governing body of the
tribe has elected that this chapter have effect over land and persons
subject to its criminal jurisdiction.". [*H8819]
(b) Technical Amendment .-The part analysis for part II of title 18,
United States Code, is amended by inserting after the item relating to
chapter 227 the following new item:
"228. Death sentence
3591".
SEC. 60003. SPECIFIC OFFENSES FOR WHICH DEATH PENALTY IS AUTHORIZED.
(a) Conforming Changes in Title 18.-Title 18, United States Code, is
amended as follows:
(1) Aircraft and motor vehicles .-Section 34 of title 18, United
States Code, is amended by striking the comma after "imprisonment for
life", inserting a period, and striking the remainder of the section.
(2) Espionage .-Section 794(a) of title 18, United States Code, is
amended by striking the period at the end of the section and inserting
", except that the sentence of death shall not be imposed unless the
jury or, if there is no jury, the court, further finds that the
offense resulted in the identification by a foreign power (as defined
in section 101(a) of the Foreign Intelligence Surveillance Act of
1978) of an individual acting as an agent of the United States and
consequently in the death of that individual, or directly concerned
nuclear weaponry, military spacecraft or satellites, early warning
systems, or other means of defense or retaliation against large-scale
attack; war plans; communications intelligence or cryptographic
information; or any other major weapons system or major element of
defense strategy.".
(3) Explosive materials .-(A) Section 844(d) of title 18, United
States Code, is amended by striking "as provided in section 34 of this
title".
(B) Section 844(f) of title 18, United States Code, is amended by
striking "as provided in section 34 of this title".
(C) Section 844(i) of title 18, United States Code, is amended by
striking "as provided in section 34 of this title".
(4) Murder .-The second undesignated paragraph of section 1111(b) of
title 18, United States Code, is amended to read as follows:
"Whoever is guilty of murder in the first degree shall be punished by
death or by imprisonment for life;".
(5) Killing of foreign official .-Section 1116(a) of title 18, United
States Code, is amended by striking "any such person who is found
guilty of murder in the first degree shall be sentenced to
imprisonment for life, and".
(6) Kidnapping .-Section 1201(a) of title 18, United States Code, is
amended by inserting after "or for life" the following: "and, if the
death of any person results, shall be punished by death or life
imprisonment".
(7) Nonmailable injurious articles .-The last paragraph of section
1716 of title 18, United States Code, is amended by striking the comma
after "imprisonment for life" and inserting a period and striking the
remainder of the paragraph.
(8) Wrecking trains .-The second to the last undesignated paragraph of
section 1992 of title 18, United States Code, is amended by striking
the comma after "imprisonment for life", inserting a period, and
striking the remainder of the section.
(9) Bank robbery .-Section 2113(e) of title 18, United States Code, is
amended by striking "or punished by death if the verdict of the jury
shall so direct" and inserting "or if death results shall be punished
by death or life imprisonment".
(10) Hostage taking .-Section 1203(a) of title 18, United States Code,
is amended by inserting after "or for life" the following: "and, if
the death of any person results, shall be punished by death or life
imprisonment".
(11) Murder for hire .-Section 1958 of title 18, United States Code,
is amended by striking "and if death results, shall be subject to
imprisonment for any term of years or for life, or shall be fined not
more than $ 50,000, or both" and inserting "and if death results,
shall be punished by death or life imprisonment, or shall be fined not
more than $ 250,000, or both".
(12) Racketeering .-Section 1959(a)(1) of title 18, United States
Code, is amended to read as follows:
"(1) for murder, by death or life imprisonment, or a fine of not more
than $ 250,000, or both; and for kidnapping, by imprisonment for any
term of years or for life, or a fine of not more than $ 250,000, or
both;".
(13) Genocide .-Section 1091(b)(1) of title 18, United States Code, is
amended by striking "a fine of not more than $ 1,000,000 or
imprisonment for life, " and inserting ", where death results, by
death or imprisonment for life and a fine of not more than $
1,000,000, or both;".
(14) Carjacking .-Section 2119(3) of title 18, United States Code, is
amended by striking the period after "both" and inserting ", or
sentenced to death."; and by striking ", possessing a firearm as
defined in section 921 of this title," and inserting ", with the
intent to cause death or serious bodily harm".
(b) Conforming Amendment to Federal Aviation Act of 1954.-Chapter 465
of title 49, United States Code, is amended-
(1) in the chapter analysis by striking "Death penalty sentencing
procedure for aircraft piracy" and inserting "Repealed"; and
(2) by striking section 46503.
SEC. 60004. APPLICABILITY TO UNIFORM CODE OF MILITARY JUSTICE.
Chapter 228 of title 18, United States Code, as added by this title,
shall not apply to prosecutions under the Uniform Code of Military
Justice (10 U.S.C. 801).
SEC. 60005. DEATH PENALTY FOR MURDER BY A FEDERAL PRISONER.
(a) In General .-Chapter 51 of title 18, United States Code, is
amended by adding at the end the following new section:
" 1118. Murder by a Federal prisoner
"(a) Offense .-A person who, while confined in a Federal correctional
institution under a sentence for a term of life imprisonment, commits
the murder of another shall be punished by death or by life
imprisonment.
"(b) Definitions .-In this section-
" 'Federal correctional institution' means any Federal prison, Federal
correctional facility, Federal community program center, or Federal
halfway house.
" 'murder' means a first degree or second degree murder (as defined in
section 1111).
" 'term of life imprisonment' means a sentence for the term of natural
life, a sentence commuted to natural life, an indeterminate term of a
minimum of at least fifteen years and a maximum of life, or an
unexecuted sentence of death.".
(b) Technical Amendment .-The chapter analysis for chapter 51 of title
18, United States Code, is amended by adding at the end the following
new item:
"1118. Murder by a Federal prisoner.".
SEC. 60006. DEATH PENALTY FOR CIVIL RIGHTS MURDERS.
(a) Conspiracy Against Rights .-Section 241 of title 18, United States
Code, is amended by striking the period at the end of the last
sentence and inserting ", or may be sentenced to death.".
(b) Deprivation of Rights Under Color of Law .-Section 242 of title
18, United States Code, is amended by striking the period at the end
of the last sentence and inserting ", or may be sentenced to death.".
(c) Federally Protected Activities .-Section 245(b) of title 18,
United States Code, is amended in the matter following paragraph (5)
by inserting ", or may be sentenced to death" after "or for life".
(d) Damage to Religious Property; Obstruction of the Free Exercise of
Religious Rights .-Section 247(c)(1) of title 18, United States Code,
is amended by inserting ", or may be sentenced to death" after "or
both".
SEC. 60007. DEATH PENALTY FOR THE MURDER OF FEDERAL LAW ENFORCEMENT
OFFICIALS.
Section 1114 of title 18, United States Code, is amended by striking
"punished as provided under sections 1111 and 1112 of this title," and
inserting "punished, in the case of murder, as provided under section
1111, or, in the case of manslaughter, as provided under section
1112.".
SEC. 60008. NEW OFFENSE FOR THE INDISCRIMINATE USE OF WEAPONS TO
FURTHER DRUG CONSPIRACIES.
(a) Short Title .-This section may be cited as the "Drive-By Shooting
Prevention Act of 1994".
(b) In General .-Chapter 2 of title 18, United States Code, is amended
by adding at the end the following new section:
" 36. Drive-by shooting
"(a) Definition .-In this section, 'major drug offense' means-
"(1) a continuing criminal enterprise punishable under section 403(c)
of the Controlled Substances Act (21 U.S.C. 848(c));
"(2) a conspiracy to distribute controlled substances punishable under
section 406 of the Controlled Substances Act (21 U.S.C. 846) section
1013 of the Controlled Substances Import and Export Control Act (21
U.S.C. 963); or
"(3) an offense involving major quantities of drugs and punishable
under section 401(b)(1)(A) of the Controlled Substances Act (21 U.S.C.
841(b)(1)(A)) or section 1010(b)(1) of the Controlled Substances
Import and Export Act (21 U.S.C. 960(b)(1)).
"(b) Offense and Penalties .-(1) A person who, in furtherance or to
escape detection of a major drug offense and with the intent to
intimidate, harass, injure, or maim, fires a weapon into a group of
two or more persons and who, in the course of such conduct, causes
grave risk to any human life shall be punished by a term of no more
than 25 years, by fine under this title, or both.
"(2) A person who, in furtherance or to escape detection of a major
drug offense and with the intent to intimidate, harass, injure, or
maim, fires a weapon into a group of 2 or more persons and who, in the
course of such conduct, kills any person shall, if the killing-
"(A) is a first degree murder (as defined in section 1111(a)), be
punished by death or imprisonment for any term of years or for life,
fined under this title, or both; or
"(B) is a murder other than a first degree murder (as defined in
section 1111(a)), be fined under this title, imprisoned for any term
of years or for life, or both.".
(c) Technical Amendment .-The chapter analysis for chapter 2 of title
18, United States Code, is amended by adding at the end the following
new item:
"36. Drive-by shooting.".
SEC. 60009. FOREIGN MURDER OF UNITED STATES NATIONALS.
(a) In General .-Chapter 51 of title 18, United States Code, as
amended by section 60005(a), is amended by adding at the end the
following new section:
" 1119. Foreign murder of United States nationals
"(a) Definition .-In this section, 'national of the United States' has
the meaning stated in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)).
"(b) Offense .-A person who, being a national of the United States,
kills or attempts to kill a national of the United States while such
national is outside the United States but within the jurisdiction of
another country shall be punished as provided under sections 1111,
1112, and 1113.
"(c) Limitations on Prosecution .-(1) No prosecution may be instituted
against any person under this section except upon the written approval
of the Attorney General, the Deputy Attorney General, or an Assistant
Attorney [*H8820] General, which function of approving prosecutions
may not be delegated. No prosecution shall be approved if prosecution
has been previously undertaken by a foreign country for the same
conduct.
"(2) No prosecution shall be approved under this section unless the
Attorney General, in consultation with the Secretary of State,
determines that the conduct took place in a country in which the
person is no longer present, and the country lacks the ability to
lawfully secure the person's return. A determination by the Attorney
General under this paragraph is not subject to judicial review.".
(b) Technical Amendments .-(1) Section 1117 of title 18, United States
Code, is amended by striking "or 1116" and inserting "1116, or 1119".
(2) The chapter analysis for chapter 51 of title 18, United States
Code, as amended by section 60005(a), is amended by adding at the end
the following new item:
"1119. Foreign murder of United States nationals.".
SEC. 60010. DEATH PENALTY FOR RAPE AND CHILD MOLESTATION MURDERS.
(a) Offense .-Chapter 109A of title 18, United States Code, is
amended-
(1) by redesignating section 2245 as section 2246; and
(2) by inserting after section 2244 the following new section:
" 2245. Sexual abuse resulting in death
"A person who, in the course of an offense under this chapter, engages
in conduct that results in the death of a person, shall be punished by
death or imprisoned for any term of years or for life.".
(b) Technical Amendments .-The chapter analysis for chapter 109A of
title 18, United States Code, is amended by striking the item for
section 2245 and inserting the following:
"2245. Sexual abuse resulting in death.
"2246. Definitions for chapter.".
SEC. 60011. DEATH PENALTY FOR SEXUAL EXPLOITATION OF CHILDREN.
Section 2251(d) of title 18, United States Code, is amended by adding
at the end the following: "Whoever, in the course of an offense under
this section, engages in conduct that results in the death of a
person, shall be punished by death or imprisoned for any term of years
or for life.".
SEC. 60012. MURDER BY ESCAPED PRISONERS.
(a) In General .-Chapter 51 of title 18, United States Code, as
amended by section 60009(a), is amended by adding at the end the
following new section:
" 1120. Murder by escaped prisoners
"(a) Definition .-In this section, 'Federal prison' and 'term of life
imprisonment' have the meanings stated in section 1118.
"(b) Offense and Penalty .-A person, having escaped from a Federal
prison where the person was confined under a sentence for a term of
life imprisonment, kills another shall be punished as provided in
sections 1111 and 1112.".
(b) Technical Amendment .-The chapter analysis for chapter 51 of title
18, United States Code, as amended by section 60009(b)(2), is amended
by adding at the end the following new item:
"1120. Murder by escaped prisoners.".
H4 SEC. 60013. DEATH PENALTY FOR GUN MURDERS DURING FEDERAL CRIMES OF
VIOLENCE AND DRUG TRAFFICKING CRIMES.
Section 924 of title 18, United States Code, is amended by adding at
the end the following new subsection: "(i) A person who, in the course
of a violation of subsection (c), causes the death of a person through
the use of a firearm, shall-
"(1) if the killing is a murder (as defined in section 1111), be
punished by death or by imprisonment for any term of years or for
life; and
"(2) if the killing is manslaughter (as defined in section 1112), be
punished as provided in that section.".
SEC. 60014. HOMICIDES AND ATTEMPTED HOMICIDES INVOLVING FIREARMS IN
FEDERAL FACILITIES.
Section 930 of title 18, United States Code, is amended-
(1) by redesignating subsections (c), (d), (e), and (f) as subsections
(d), (e), (f), and (g), respectively;
(2) in subsection (a) by striking "(c)" and inserting "(d)"; and
(3) by inserting after subsection (b) the following new subsection:
"(c) A person who kills or attempts to kill any person in the course
of a violation of subsection (a) or (b), or in the course of an attack
on a Federal facility involving the use of a firearm or other
dangerous weapon, shall be punished as provided in sections 1111,
1112, and 1113.".
SEC. 60015. DEATH PENALTY FOR THE MURDER OF STATE OR LOCAL OFFICIALS
ASSISTING FEDERAL LAW ENFORCEMENT OFFICIALS AND STATE CORRECTIONAL
OFFICERS.
(a) In General .-Chapter 51 of title 18, United States Code, as
amended by section 60012(a), is amended by adding at the end the
following new section:
" 1121. Killing persons aiding Federal investigations or State
correctional officers
"(a) Whoever intentionally kills-
"(1) a State or local official, law enforcement officer, or other
officer or employee while working with Federal law enforcement
officials in furtherance of a Federal criminal investigation-
"(A) while the victim is engaged in the performance of official
duties;
"(B) because of the performance of the victim's official duties; or
"(C) because of the victim's status as a public servant; or
"(2) any person assisting a Federal criminal investigation, while that
assistance is being rendered and because of it,
shall be sentenced according to the terms of section 1111, including
by sentence of death or by imprisonment for life.
"(b)(1) Whoever, in a circumstance described in paragraph (3) of this
subsection, while incarcerated, intentionally kills any State
correctional officer engaged in, or on account of the performance of
such officer's official duties, shall be sentenced to a term of
imprisonment which shall not be less than 20 years, and may be
sentenced to life imprisonment or death.
"(2) As used in this section, the term, 'State correctional officer'
includes any officer or employee of any prison, jail, or other
detention facility, operated by, or under contract to, either a State
or local governmental agency, whose job responsibilities include
providing for the custody of incarcerated individuals.
"(3) The circumstance referred to in paragraph (1) is that -
"(A) the correctional officer is engaged in transporting the
incarcerated person interstate; or
"(B) the incarcerated person is incarcerated pursuant to a conviction
for an offense against the United States.".
(b) Technical Amendment .-The chapter analysis for chapter 51 of title
18, United States Code, as amended by section 60012(b), is amended by
adding at the end the following new item:
"1121. Killing persons aiding Federal investigations or State
correctional officers.".
SEC. 60016. PROTECTION OF COURT OFFICERS AND JURORS.
Section 1503 of title 18, United States Code, is amended-
(1) by inserting "(a)" before "Whoever";
(2) by striking "fined not more than $ 5,000 or imprisoned not more
than five years, or both." and inserting "punished as provided in
subsection (b).";
(3) by adding at the end the following new subsection:
"(b) The punishment for an offense under this section is-
"(1) in the case of a killing, the punishment provided in sections
1111 and 1112;
"(2) in the case of an attempted killing, or a case in which the
offense was committed against a petit juror and in which a class A or
B felony was charged, imprisonment for not more than 20 years, a fine
under this title, or both; and
"(3) in any other case, imprisonment for not more than 10 years, a
fine under this title, or both."; and
(4) in subsection (a), as designated by paragraph (1), by striking
"commissioner" each place it appears and inserting "magistrate judge".
SEC. 60017. PROHIBITION OF RETALIATORY KILLINGS OF WITNESSES, VICTIMS,
AND INFORMANTS.
Section 1513 of title 18, United States Code, is amended-
(1) by redesignating subsections (a) and (b) as subsections (b) and
(c), respectively; and (2) by inserting after the section heading the
following new subsection:
"(a)(1) Whoever kills or attempts to kill another person with intent
to retaliate against any person for-
"(A) the attendance of a witness or party at an official proceeding,
or any testimony given or any record, document, or other object
produced by a witness in an official proceeding; or
"(B) providing to a law enforcement officer any information relating
to the commission or possible commission of a Federal offense or a
violation of
conditions of probation, parole, or release pending judicial
proceedings,
shall be punished as provided in paragraph (2).
"(2) The punishment for an offense under this subsection is-
"(A) in the case of a killing, the punishment provided in sections
1111 and 1112; and
"(B) in the case of an attempt, imprisonment for not more than 20
years.".
SEC. 60018. DEATH PENALTY FOR MURDER OF FEDERAL WITNESSES.
Section 1512(a)(2)(A) of title 18, United States Code, is amended to
read as follows:
"(A) in the case of murder (as defined in section 1111), the death
penalty or imprisonment for life, and in the case of any other
killing, the punishment provided in section 1112;".
SEC. 60019. OFFENSES OF VIOLENCE AGAINST MARITIME NAVIGATION OR FIXED
PLATFORMS.
(a) In General .-Chapter 111 of title 18, United States Code, is
amended by adding at the end the following new sections:
" 2280. Violence against maritime navigation
"(a) Offenses .-
"(1) In general .-A person who unlawfully and intentionally-
"(A) seizes or exercises control over a ship by force or threat
thereof or any other form of intimidation;
"(B) performs an act of violence against a person on board a ship if
that act is likely to endanger the safe navigation of that ship;
"(C) destroys a ship or causes damage to a ship or to its cargo which
is likely to endanger the safe navigation of that ship;
"(D) places or causes to be placed on a ship, by any means whatsoever,
a device or substance which is likely to destroy that ship, or cause
damage to that ship or its cargo which endangers or is likely to
endanger the safe navigation of that ship; "(E) destroys or seriously
damages maritime navigational facilities or seriously interferes with
their operation, if such act is likely to endanger the safe navigation
of a ship; [*H8821]
"(F) communicates information, knowing the information to be false and
under circumstances in which such information may reasonably be
believed, thereby endangering the safe navigation of a ship;
"(G) injures or kills any person in connection with the commission or
the attempted commission of any of the offenses set forth in
subparagraphs (A) through (F); or
"(H) attempts to do any act prohibited under subparagraphs (A) through
(G),
shall be fined under this title, imprisoned not more than 20 years, or
both; and if the death of any person results from conduct prohibited
by this paragraph, shall be punished by death or imprisoned for any
term of years or for life.
"(2) Threat to navigation .-A person who threatens to do any act
prohibited under paragraph (1) (B), (C) or (E), with apparent
determination and will to carry the threat into execution, if the
threatened act is likely to endanger the safe navigation of the ship
in question, shall be fined under this title, imprisoned not more than
5 years, or both.
"(b) Jurisdiction .-There is jurisdiction over the activity prohibited
in subsection (a)-
"(1) in the case of a covered ship, if-
"(A) such activity is committed-
"(i) against or on board a ship flying the flag of the United States
at the time the prohibited activity is committed;
"(ii) in the United States and the activity is not prohibited as a
crime by the State in which the activity takes place; or
"(iii) the activity takes place on a ship flying the flag of a foreign
country or outside the United States, by a national of the United
States or by a stateless person whose habitual residence is in the
United States;
"(B) during the commission of such activity, a national of the United
States is seized, threatened, injured or killed; or
"(C) the offender is later found in the United States after such
activity is committed; "(2) in the case of a ship navigating or
scheduled to navigate solely within the territorial sea or internal
waters of a country other than the United States, if the offender is
later found in the United States after such activity is committed; and
"(3) in the case of any vessel, if such activity is committed in an
attempt to compel the United States to do or abstain from doing any
act.
"(c) Bar To Prosecution .-It is a bar to Federal prosecution under
subsection (a) for conduct that occurred within the United States that
the conduct involved was during or in relation to a labor dispute, and
such conduct is prohibited as a felony under the law of the State in
which it was committed. For purposes of this section, the term 'labor
dispute' has the meaning set forth in section 2(c) of the Norris-
LaGuardia Act, as amended (29 U.S.C. 113(c)).
"(d) Delivery of Suspected Offender .-The master of a covered ship
flying the flag of the United States who has reasonable grounds to
believe that there is on board that ship any person who has committed
an offense under Article 3 of the Convention for the Suppression of
Unlawful Acts Against the Safety of Maritime Navigation may deliver
such person to the authorities of a State Party to that Convention.
Before delivering such person to the authorities of another country,
the master shall notify in an appropriate manner the Attorney General
of the United States of the alleged offense and await instructions
from the Attorney General as to what action to take. When delivering
the person to a country which is a State Party to the Convention, the
master shall, whenever practicable, and if possible before entering
the territorial sea of such country, notify the authorities of such
country of the master's intention to deliver such person and the
reasons therefor. If the master delivers such person, the master shall
furnish to the authorities of such country the evidence in the
master's possession that pertains to the alleged offense.
"(e) Definitions .-In this section-
" 'covered ship' means a ship that is navigating or is scheduled to
navigate into, through or from waters beyond the outer limit of the
territorial sea of a single country or a lateral limit of that
country's territorial sea with an adjacent country.
" 'national of the United States' has the meaning stated in section
101(a)(22) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(22)).
" 'territorial sea of the United States' means all waters extending
seaward to 12 nautical miles from the baselines of the United States
determined in accordance with international law.
" 'ship' means a vessel of any type whatsoever not permanently
attached to the sea-bed, including dynamically supported craft,
submersibles or any other floating craft, but does not include a
warship, a ship owned or operated by a government when being used as a
naval auxiliary or for customs or police purposes, or a ship which has
been withdrawn from navigation or laid up.
" 'United States', when used in a geographical sense, includes the
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana
Islands and all territories and possessions of the United States.
" 2281. Violence against maritime fixed platforms
"(a) Offenses .-
"(1) In general .-A person who unlawfully and intentionally-
"(A) seizes or exercises control over a fixed platform by force or
threat thereof or any other form of intimidation;
"(B) performs an act of violence against a person on board a fixed
platform if that act is likely to endanger its safety;
"(C) destroys a fixed platform or causes damage to it which is likely
to endanger its safety;
"(D) places or causes to be placed on a fixed platform, by any means
whatsoever, a device or substance which is likely to destroy that
fixed platform or likely to endanger its safety;
"(E) injures or kills any person in connection with the commission or
the attempted commission of any of the offenses set forth in
subparagraphs (A) through (D); or
"(F) attempts to do anything prohibited under subparagraphs (A)
through (E),
shall be fined under this title, imprisoned not more than 20 years, or
both; and if death results to any person from conduct prohibited by
this paragraph, shall be punished by death or imprisoned for any term
of years or for life.
"(2) Threat to safety .-A person who threatens to do anything
prohibited under paragraph (1) (B) or (C), with apparent determination
and will to carry the threat into execution, if the threatened act is
likely to endanger the safety of the fixed platform, shall be fined
under this title, imprisoned not more than 5 years, or both.
"(b) Jurisdiction .-There is jurisdiction over the activity prohibited
in subsection (a) if-
"(1) such activity is committed against or on board a fixed platform-
"(A) that is located on the continental shelf of the United States;
"(B) that is located on the continental shelf of another country, by a
national of the United States or by a stateless person whose habitual
residence is in the United States; or
"(C) in an attempt to compel the United States to do or abstain from
doing any act;
"(2) during the commission of such activity against or on board a
fixed platform located on a continental shelf, a national of the
United States is seized, threatened, injured or killed; or "(3) such
activity is committed against or on board a fixed platform located
outside the United States and beyond the continental shelf of the
United States and the offender is later found in the United States.
"(c) Bar To Prosecution .-It is a bar to Federal prosecution under
subsection (a) for conduct that occurred within the United States that
the conduct involved was during or in relation to a labor dispute, and
such conduct is prohibited as a felony under the law of the State in
which it was committed. For purposes of this section, the term 'labor
dispute' has the meaning set forth in section 2(c) of the Norris-
LaGuardia Act, as amended (29 U.S.C. 113(c)).
"(d) Definitions .-In this section-
" 'continental shelf' means the sea-bed and subsoil of the submarine
areas that extend beyond a country's territorial sea to the limits
provided by customary international law as reflected in Article 76 of
the 1982 Convention on the Law of the Sea.
" 'fixed platform' means an artificial island, installation or
structure permanently attached to the sea-bed for the purpose of
exploration or exploitation of resources or for other economic
purposes.
" 'national of the United States' has the meaning stated in section
101(a)(22) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(22)).
" 'territorial sea of the United States' means all waters extending
seaward to 12 nautical miles from the baselines of the United States
determined in accordance with international law.
" 'United States', when used in a geographical sense, includes the
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana
Islands and all territories and possessions of the United States.".
(b) Technical Amendment .-The chapter analysis for chapter 111 of
title 18, United States Code, is amended by adding at the end the
following new items:
"2280. Violence against maritime navigation.
"2281. Violence against maritime fixed platforms.".
(c) Effective Dates .-This section and the amendments made by this
section shall take effect on the later of-
(1) the date of the enactment of this Act; or
(2)(A) in the case of section 2280 of title 18, United States Code,
the date the Convention for the Suppression of Unlawful Acts Against
the Safety of Maritime Navigation has come into force and the United
States has become a party to that Convention; and
(B) in the case of section 2281 of title 18, United States Code, the
date the Protocol for the Suppression of Unlawful Acts Against the
Safety of Fixed Platforms Located on the Continental Shelf has come
into force and the United States has become a party to that Protocol.
SEC. 60020. TORTURE.
Section 2340A(a) of title 18, United States Code, is amended by
inserting "punished by death or" before "imprisoned for any term of
years or for life.".
SEC. 60021. VIOLENCE AT AIRPORTS SERVING INTERNATIONAL CIVIL AVIATION.
(a) Offense .-Chapter 2 of title 18, United States Code, as amended by
section 60008(b), is amended by adding at the end the following new
section:
" 37. Violence at international airports
"(a) Offense .-A person who unlawfully and intentionally, using any
device, substance, or weapon-
"(1) performs an act of violence against a person at an airport
serving international civil aviation that causes or is likely to cause
serious bodily injury (as defined in section 1365 of this title) or
death; or
"(2) destroys or seriously damages the facilities of an airport
serving international civil aviation or a civil aircraft not in
service located thereon or disrupts the services of the airport,
if such an act endangers or is likely to endanger safety at that
airport, or attempts to do such an act, shall be fined under this
title, imprisoned not more than 20 years, or both; and if the death of
any person results from conduct prohibited by this [*H8822]
subsection, shall be punished by death or imprisoned for any term of
years or for life.
"(b) Jurisdiction .-There is jurisdiction over the prohibited activity
in subsection (a) if-
"(1) the prohibited activity takes place in the United States; or
"(2) the prohibited activity takes place outside the United States and
the offender is later found in the United States.
"(c) It is a bar to Federal persecution under subsection (a) for
conduct that occurred within the United States that the conduct
involved was during or in relation to a labor dispute, and such
conduct is prohibited as a felony under the law of the State in which
it was committed. For purposes of this section, the term 'labor
dispute' has the meaning set forth in section 2(c) of the
Norris-LaGuardia Act, as amended (29 U.S.C. 113(c)).
(b) Technical Amendment .-The chapter analysis for chapter 2 of title
18, United States Code, as amended by section 60008(c), is amended by
adding at the end the following new item:
"37. Violence at international airports.".
(c) Effective Date .-The amendment made by subsection (a) shall take
effect on the later of-
(1) the date of enactment of this Act; or (2) the date on which the
Protocol for the Suppression of Unlawful Acts of Violence at Airports
Serving International Civil Aviation, Supplementary to the Convention
for the Suppression of Unlawful Acts Against the Safety of Civil
Aviation, done at Montreal on 23 September 1971, has come into force
and the United States has become a party to the Protocol.
SEC. 60022. TERRORIST DEATH PENALTY ACT.
Section 2332(a)(1) of title 18, United States Code is amended to read
as follows:
"(1) if the killing is murder (as defined in section 1111(a)), be
fined under this title, punished by death or imprisonment for any term
of years or for life, or both;".
SEC. 60023. WEAPONS OF MASS DESTRUCTION.
(a) Offense .-Chapter 113A of title 18, United States Code, is amended
by inserting after section 2332 the following new section:
" 2332a. Use of weapons of mass destruction
"(a) Offense .-A person who uses, or attempts or conspires to use, a
weapon of mass destruction-
"(1) against a national of the United States while such national is
outside of the United States;
"(2) against any person within the United States; or
"(3) against any property that is owned, leased or used by the United
States or by any department or agency of the United States, whether
the property is within or outside of the United States,
shall be imprisoned for any term of years or for life, and if death
results, shall be punished by death or imprisoned for any term of
years or for life.
"(b) Definitions .-For purposes of this section-
"(1) the term 'national of the United States' has the meaning given in
section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(22)); and
"(2) the term 'weapon of mass destruction' means-
"(A) any destructive device as defined in section 921 of this title;
"(B) poison gas;
"(C) any weapon involving a disease organism; or
"(D) any weapon that is designed to release radiation or radioactivity
at a level dangerous to human life.".
(b) Technical Amendment .-The chapter analysis for chapter 113A of
title 18, United States Code, is amended by inserting after the item
relating to section 2332 the following:
"2332a. Use of weapons of mass destruction.".
SEC. 60024. ENHANCED PENALTIES FOR ALIEN SMUGGLING.
Section 274(a) of the Immigration and Nationality Act (8 U.S.C.
1324(a)) is amended-
(1) in paragraph (1)-
(A) by striking "(1) Any person" and inserting "(1)(A) Any person";
(B) by striking "(A) knowing" and inserting "(i) knowing";
(C) by striking "(B) knowing" and inserting "(ii) knowing";
(D) by striking "(C) knowing" and inserting "(iii) knowing";
(E) by striking "(D) encourages" and inserting "(iv) encourages";
(F) by striking "shall be fined in accordance with title 18, or
imprisoned not more than five years, or both, for each alien in
respect to whom any violation of this paragraph occurs" and inserting
"shall be punished as provided in subparagraph (B)"; and
(G) by adding at the end the following new subparagraph:
"(B) A person who violates subparagraph (A) shall, for each alien in
respect to whom such a violation occurs-
"(i) in the case of a violation of subparagraph (A)(i), be fined under
title 18, United States Code, imprisoned not more than 10 years, or
both;
"(ii) in the case of a violation of subparagraph (A) (ii), (iii), or
(iv), be fined under title 18, United States Code, imprisoned not more
than 5 years, or both;
"(iii) in the case of a violation of subparagraph (A) (i), (ii),
(iii), or (iv) during and in relation to which the person causes
serious bodily injury (as defined in section 1365 of title 18, United
States Code) to, or places in jeopardy the life of, any person, be
fined under title 18, United States Code, imprisoned not more than 20
years, or both; and
"(iv) in the case of a violation of subparagraph (A) (i), (ii), (iii),
or (iv) resulting in the death of any person, be punished by death or
imprisoned for any term of years or for life, fined under title 18,
United States Code, or both."; and
(2) in paragraph (2) by striking "or imprisoned not more than five
years, or both" and inserting "or in the case of a violation of
subparagraph (B)(ii), imprisoned not more than 10 years, or both; or
in the case of a violation of subparagraph (B)(i) or (B)(iii),
imprisoned not more than 5 years, or both.".
SEC. 60025. PROTECTION OF JURORS AND WITNESSES IN CAPITAL CASES.
Section 3432 of title 18, United States Code, is amended by inserting
before the period the following: ", except that such list of the
veniremen and witnesses need not be furnished if the court finds by a
preponderance of the evidence that providing the list may jeopardize
the life or safety of any person".
SEC. 60026. APPOINTMENT OF COUNSEL.
Section 3005 of title 18, United States Code, is amended by striking
"learned in the law" and all that follows through "He shall" and
inserting "; and the court before which the defendant is to be tried,
or a judge thereof, shall promptly, upon the defendant's request,
assign 2 such counsel, of whom at least 1 shall be learned in the law
applicable to capital cases, and who 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. The defendant shall".