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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".