* "(B) AGGRAVATING FACTORS FOR ESPIONAGE AND TREASON.-IN DETERMINING * *WHETHER A SENTENCE OF DEATH IS JUSTIFIED FOR AN OFFENSE DESCRIBED IN * *SECTION 3591(1), THE JURY, OR IF THERE IS NO JURY, THE COURT, SHALL * *CONSIDER EACH OF THE FOLLOWING AGGRAVATING FACTORS 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 AND FOR ATTEMPTED MURDER OF THE * *PRESIDENT.-IN DETERMINING WHETHER A SENTENCE OF DEATH IS JUSTIFIED FOR * *AN OFFENSE DESCRIBED IN SECTION 3591 (2) OR (3), 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 * * 902 (I) OR (N) OF THE FEDERAL AVIATION ACT OF 1958 (49 U.S.C. 1472 * * (I) OR (N)) (AIRCRAFT PIRACY). * * "(2) INVOLVEMENT OF FIREARM OR 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- * * "(A) DURING AND IN RELATION TO THE COMMISSION OF THE OFFENSE * * OR IN ESCAPING OR ATTEMPTING TO ESCAPE APPREHENSION USED OR * * POSSESSED A FIREARM (AS DEFINED IN SECTION 921); OR * * "(B) HAS PREVIOUSLY BEEN CONVICTED OF A FEDERAL OR STATE * * OFFENSE PUNISHABLE BY A TERM OF IMPRISONMENT OF MORE THAN 1 * * YEAR, INVOLVING THE USE 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. * *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; * * "(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. 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(1), AN AGGRAVATING * * FACTOR REQUIRED TO BE CONSIDERED UNDER SECTION 3592(B) IS FOUND TO * * EXIST; OR * * "(2) AN OFFENSE DESCRIBED IN SECTION 3591 (2) OR (3), AN * * AGGRAVATING FACTOR REQUIRED TO BE CONSIDERED UNDER SECTION 3592(C) * * 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.". * * (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. 203. 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 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) PRESIDENTIAL ASSASSINATIONS.-SUBSECTION (C) OF SECTION 1751 OF* * TITLE 18, UNITED STATES CODE, IS AMENDED TO READ AS FOLLOWS: * * "(C) WHOEVER ATTEMPTS TO KILL OR KIDNAP ANY INDIVIDUAL DESIGNATED IN * *SUBSECTION (A) OF THIS SECTION, SHALL BE PUNISHED- * * "(1) BY IMPRISONMENT FOR ANY TERM OF YEARS OR FOR LIFE; OR * * "(2) IF THE CONDUCT CONSTITUTES AN ATTEMPT TO INTENTIONALLY KILL * * THE PRESIDENT OF THE UNITED STATES AND RESULTS IN BODILY INJURY TO * * THE PRESIDENT OR OTHERWISE COMES DANGEROUSLY CLOSE TO CAUSING THE * * DEATH OF THE PRESIDENT, BY DEATH OR IMPRISONMENT FOR ANY TERM OF * * YEARS OR FOR LIFE.". * * (9) 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. * * (10) 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". * * (11) 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". * * (12) 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". * * (13) 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;". * * (14) 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;". * * (15) 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,". * * (B) CONFORMING AMENDMENT TO FEDERAL AVIATION ACT OF 1954.-Section 903 * *of the Federal Aviation Act of 1958 (49 U.S.C. 1473) is amended by * *striking subsection (c). * *SEC. 204. 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. 205. 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* * BY 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. 206. 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. 207. DEATH PENALTY FOR THE MURDER OF FEDERAL LAW ENFORCEMENT * *OFFICIALS. Section 1114(a) 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, by a sentence of* *death or life imprisonment as provided under section 1111, or, in the * *case of manslaughter, a sentence as provided under section 1112.". * *SEC. 208. 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 1993". * * (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); AND * * "(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. 209. FOREIGN MURDER OF UNITED STATES NATIONALS. * * (a) IN GENERAL.-CHAPTER 51 OF TITLE 18, UNITED STATES CODE, IS AMENDED* *BY ADDING AT THE END THE FOLLOWING NEW SECTION: * *"1118. 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 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 1118". * * (2) THE CHAPTER ANALYSIS FOR CHAPTER 51 OF TITLE 18, UNITED STATES * *CODE, IS AMENDED BY ADDING AT THE END THE FOLLOWING NEW ITEM: * *"1118. Foreign murder of United States nationals.". * *SEC. 210. 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. 211. 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. 212. MURDER BY ESCAPED PRISONERS. * * (a) IN GENERAL.-CHAPTER 51 OF TITLE 18, UNITED STATES CODE, AS AMENDED* *BY SECTION 109(A), IS AMENDED BY ADDING AT THE END THE FOLLOWING NEW * *SECTION: * *"1119. 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 109(B)(2), IS AMENDED BY * *ADDING AT THE END THE FOLLOWING NEW ITEM: * *"1119. Murder by escaped prisoners.". * *SEC. 213. 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. 214. 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. 215. MURDER IN COURSE OF ALIEN SMUGGLING. * * Section 274(a) of the Immigration and Naturalization Act (8 U.S.C. * *1324) is amended by inserting before the period at the end the * *following: ": Provided further, That if during and in relation to an * *offense described in paragraph (1) the person causes serious bodily * *injury to, or places in jeopardy the life of, any alien, such person * *shall be subject to a term of imprisonment of not more than 20 years, * *and if the death of any alien results, shall be punished by death or * *imprisoned for any term of years or for life.". * *TITLE III-FIREARMS * *Subtitle A-Restraining Orders * *SEC. 301. PERSONS SUBJECT TO RESTRAINING ORDERS. * * (a) Section 922(d) of title 18, United States Code, is amended- * * (1) by striking "or" at the end of paragraph (6); * * (2) by adding "or" at the end of paragraph (7); and * * (3) by adding after paragraph (7) the following new paragraph: * * "(8)(A) is subject to an order, issued by a Federal or State court* * after a hearing about which that person received actual notice and * * at which that person had the opportunity to participate, restraining* * that person from harassing, stalking, threatening, or engaging in * * other such conduct that would place another person in fear of bodily* * injury or the effect of which conduct would be to place a reasonable* * person in fear of bodily injury; and * * "(B) whom the court issuing the order finds under this subsection * * to represent a credible threat to the physical safety of that other * * person;". * * (b) Section 922(g) of title 18, United States Code, is amended- * * (1) by striking "or" at the end of paragraph (6); * * (2) by adding "or" at the end of paragraph (7); and * * (3) by adding after paragraph (7) the following new paragraph: * * "(8)(A) who is subject to an order, issued by a Federal or State * * court after a hearing about which that person received actual notice* * and at which that person had the opportunity to participate, * * restraining that person from harassing, stalking, threatening, or * * engaging in other such conduct that would place another person in * * fear of bodily injury or the effect of which conduct would be to * * place a reasonable person in fear of bodily injury; and * * "(B) whom the court issuing the order finds under this subsection * * to represent a credible threat to the physical safety of that other * * person;". * * (c) Section 926(a) of title 18, United States Code, is amended- * * (1) by striking "and" at the end of paragraph (1); * * (2) by replacing "." with "; and" at the end of paragraph (2); and* * (3) by adding after paragraph (a)(2) the following new paragraph: * * "(3) regulations providing for effective receipt and secure * * storage of firearms relinquished by or seized from persons described* * in section 922(d)(8) or 922(g)(8).". * * (d) Section 924(d)(1) of title 18, United States Code, is amended- * * (1) by striking all between "trial," and "firearms" and inserting * * the following: "or lapse of or court termination of the restraining * * order to which he is subject, the seized or relinquished". * *Subtitle B-Licensure * *SEC. 311. FIREARMS LICENSURE AND REGISTRATION TO REQUIRE A PHOTOGRAPH * *AND FINGERPRINTS. * * (a) FIREARMS LICENSURE.-Section 923(a) of title 18, United States * *Code, is amended in the second sentence by inserting "and shall include * *a photograph and fingerprints of the applicant" before the period. * * (b) REGISTRATION.-Section 5802 of the Internal Revenue Code of 1986 is* *amended by inserting after the first sentence the following: "An * *individual required to register under this section shall include a * *photograph and fingerprints of the individual with the initial * *application.". * *SEC. 312. COMPLIANCE WITH STATE AND LOCAL LAW AS A CONDITION TO LICENSE.* * Section 923(d)(1) of title 18, United States Code, is amended- * * (1) by striking "and" at the end of subparagraph (D); * * (2) by striking the period at the end of subparagraph (E) and * * inserting "; and"; and * * (3) by adding at the end the following new subparagraph: * * "(F) the applicant certifies that- * * "(i) the business to be conducted under the license is not * * prohibited by State or local law in the place where the licensed* * premise is located; * * "(ii)(I) within 30 days after the application is approved the * * business will comply with the requirements of State and local * * law applicable to the conduct of the business; and * * "(II) the business will not be conducted under the license * * until the requirements of State and local law applicable to the * * business have been met; and * * "(iii) that the applicant has sent or delivered a form to be * * prescribed by the Secretary, to the chief law enforcement * * officer of the locality in which the premises are located, which* * indicates that the applicant intends to apply for a Federal * * firearms license.". * *SEC. 313. ACTION ON FIREARMS LICENSE APPLICATION. * * Section 923(d)(2) of title 18, United States Code, is amended by * *striking "forty-five-day" and inserting "60-day". * *SEC. 314. INSPECTION OF FIREARMS LICENSEES' INVENTORY AND RECORDS. * * Section 923(g)(1)(B)(ii) of title 18, United States Code, is amended * *to read as follows: * * "(ii) for insuring compliance with the record keeping * * requirements of this chapter- * * "(I) not more than once during any 12-month period; or* * "(II) at any time with respect to records relating to * * a firearm involved in a criminal investigation that is * * traced to the licensee.". * *SEC. 315. REPORTS OF THEFT OR LOSS OF FIREARMS. * * Section 923(g) of title 18, United States Code, is amended by adding * *at the end the following new paragraph: * * "(6) Each licensee shall report the theft or loss of a firearm * * from the licensee's inventory or collection, within 48 hours after * * the theft or loss is discovered, to the Secretary and to the * * appropriate local authorities.". * *SEC. 316. RESPONSES TO REQUESTS FOR INFORMATION. * * Section 923(g) of title 18, United States Code, as amended by section * *215, is amended by adding at the end the following new paragraph: * * "(7) Each licensee shall respond immediately to, and in no event * * later than 24 hours after the receipt of, a request by the Secretary* * for information contained in the records required to be kept by this* * chapter as may be required for determining the disposition of 1 or * * more firearms in the course of a bona fide criminal investigation. * * The requested information shall be provided orally or in writing, as* * the Secretary may require. The Secretary shall implement a system * * whereby the licensee can positively identify and establish that an * * individual requesting information via telephone is employed by and * * authorized by the agency to request such information.". * *SEC. 317. NOTIFICATION OF NAMES AND ADDRESSES OF FIREARMS LICENSEES. * * Section 923 of title 18, United States Code, is amended by adding at * *the end the following new subsection: * * "(1) The Secretary of the Treasury shall notify the chief law * * enforcement officer in the appropriate State and local jurisdictions* * of the names and addresses of all persons in the State to whom a * * firearms license is issued.". *