[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4032 Reported in House (RH)]

                                                 Union Calendar No. 258

103d CONGRESS

  2d Session

                               H. R. 4032

                          [Report No. 103-466]

_______________________________________________________________________

                                 A BILL

          To provide the penalty of death for certain crimes.

_______________________________________________________________________

                             March 25, 1994

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed





                                                 Union Calendar No. 258
103d CONGRESS
  2d Session
                                H. R. 4032

                          [Report No. 103-466]

          To provide the penalty of death for certain crimes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 15, 1994

 Mr. Schumer introduced the following bill; which was referred to the 
                       Committee on the Judiciary

                             March 25, 1994

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on March 
                               15, 1994]

_______________________________________________________________________

                                 A BILL


 
          To provide the penalty of death for certain crimes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SENTENCE OF DEATH.

    A defendant who has been found guilty of--
            (1) an offense described in section 794 or section 2381 of 
        title 18, United States Code;
            (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,
            (3) an offense referred to in section 408(c)(1) of the 
        Controlled Substances Act (21 U.S.C. 848(c)(1)), committed as 
        part of a continuing 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) of that section or 
        twice the gross receipts described in subsection (b)(2)(B) of 
        that section; or
            (4) an offense referred to in section 408(c)(1) of the 
        Controlled Substances Act (21 U.S.C. 848(c)(1)), committed as 
        part of a continuing 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.

SEC. 2. CONFORMING CHANGES TO SPECIFIC OFFENSES FOR WHICH DEATH PENALTY 
              IS AUTHORIZED.

    (a) Conforming Changes in Title 18.--Title 18, United States Code, 
is amended as follows:
            (1) Espionage.--Section 794(a) of title 18, United States 
        Code, is amended by striking the period at the end of the 
        subsection 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.''.
            (2) 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;''.
            (3) Killing of foreign officials or internationally 
        protected persons.--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''.
            (4) 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''.
            (5) 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.
            (6) 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'' 
        and inserting a period and striking the remainder of the 
        section.
            (7) 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''.
            (8) 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''.
            (9) 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, by a sentence of death or life imprisonment as 
        provided under section 1111 of this title, or, in the case of 
        manslaughter, a sentence as provided under section 1112 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) and by striking the item relating to subsection 
(c) in the table of contents at the beginning of such Act.
    (c) Aircraft and Motor Vehicles.--Section 34 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 
section.

SEC. 3. AUTHORIZATION OF DEATH PENALTY FOR EXISTING OFFENSES.

    (a) 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''.
    (b) Murder for Hire.--Section 1958(a) 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 
under this title, or both''.
    (c) 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 
        under this title, or both; and for kidnapping, by imprisonment 
        for any term of years or for life, or a fine under this title, 
        or both;''.
    (d) Genocide.--Section 1091(b)(1) of title 18, United States Code, 
is amended by striking ``, a fine of not more than $1,000,000 and 
imprisonment for life;'' and inserting ``, where death results, by 
death or imprisonment for life and a fine under this title, or both;''.
    (e) Carjacking.--Section 2119(3) of title 18, United States Code, 
is amended to read as follows:
            ``(3) if death results, be punished by death or imprisoned 
        for any term of years or for life, fined under this title, or 
        both.''
    (f) Death Penalty for Rape and Child Molestation Murders.--
            (1) Offense.--Chapter 109A of title 18, United States Code, 
        is amended by redesignating section 2245 as section 2246, and 
        by inserting after section 2244 the following:
``Sec. 2245. Sexual abuse resulting in death
    ``Whoever, 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.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 109A of title 18, United States Code, is 
        amended by striking the item for section 2245 and adding the 
        following:

``2245. Sexual abuse resulting in death.
``2246. Definitions for chapter.''.
    (g) 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.''.
    (h) 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), (f), and 
        (g) as subsections (d), (e), (f), (g), and (h), respectively;
            (2) in subsection (a), by striking ``(c)'' and inserting 
        ``(d)'';
            (3) inserting after subsection (b) the following:
    ``(c) Whoever 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 
of this title.'';
            (4) in subsection (e)(2) (as so redesignated), by striking 
        ``(c)'' and inserting ``(d)''; and
            (5) in subsection (h) (as so redesignated)--
                    (A) by striking ``and (b)'' and inserting ``, (b), 
                and (c)''; and
                    (B) by striking ``(d)'' each place it appears and 
                inserting ``(e)''.
    (i) 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 of 
        this title, the death penalty or imprisonment for life, and in 
        the case of any other killing, the punishment provided in 
        section 1112 of this title; and''.
    (j) Protection of Court Officers and Jurors.--Section 1503 of title 
18, United States Code, is amended--
            (1) by designating the current text as subsection (a);
            (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:
    ``(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 of this title;
            ``(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 twenty years, a fine under this title, or both; and
            ``(3) in any other case, imprisonment for not more than ten 
        years, a fine under this title, or both.''; and
            (4) in subsection (a), as so designated by this section, by 
        striking ``commissioner'' each place it appears and inserting 
        ``magistrate judge''.
    (k) Foreign Murder of United States Nationals.--
            (1) In general.--Chapter 51 of title 18, United States 
        Code, is amended by adding at the end thereof the following new 
        section:
``Sec. 1118. Foreign murder of United States nationals
    ``(a) Whoever, 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 of this title.
    ``(b) 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.
    ``(c) 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 subsection is not subject to judicial review.
    ``(d) As used in this section, the term `national of the United 
States' has the meaning given such term in section 101(a)(22) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).''.
            (2) Conforming amendment.--Section 1117 of title 18, United 
        States Code, is amended by striking ``or 1116'' and inserting 
        ``1116, or 1118''.
            (3) Clerical amendment.--The table of sections at the 
        beginning of 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.''.
    (l) Death Penalty for Civil Rights Murders.--
            (1) 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.''.
            (2) 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.''.
            (3) 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''.
            (4) 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. 4. 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:
``Sec. 1119. Murder by a Federal prisoner
    ``(a) Offense.--Whoever, 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.--For the purposes of this section--
            ``(1) the term `Federal correctional institution' means any 
        Federal prison, Federal correctional facility, Federal 
        community program center, or Federal halfway house;
            ``(2) the term `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; and
            ``(3) the term `murder' means a first degree or second 
        degree murder as defined by section 1111 of this title.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 51 of title 18, United States Code, is amended by adding at the 
end thereof the following:

``1119. Murder by a Federal prisoner.''.

SEC. 5. MURDER BY ESCAPED PRISONERS.

    (a) In General.--Chapter 51 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1120. Murder by escaped prisoners
    ``(a) In General.--Whoever, having escaped from a Federal prison 
where such person was confined under a sentence for a term of life 
imprisonment, kills another shall be punished as provided in sections 
1111 and 1112 of this title.
    ``(b) Definition.--As used in this section, the terms `Federal 
prison' and `term of life imprisonment' have the meanings given those 
terms in section 1119 of this title.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 51 of title 18, United States Code, is amended by adding at the 
end the following:

``1120. Murder by escaped prisoners.''.

SEC. 6. DRIVE-BY SHOOTINGS.

    (a) In General.--Section 922 of title 18, United States Code, is 
amended by adding at the end thereof the following:
    ``(v) It shall be unlawful for any person knowingly to--
            ``(1) discharge a firearm from within a motor vehicle and
            ``(2) thereby create a grave risk to human life.''.
    (b) Penalty.--Section 924(a) of such title is amended by adding at 
the end the following:
    ``(6) Whoever knowingly violates section 922(v) shall be fined 
under this title or imprisoned not more than 25 years, or both, and if 
death results, shall be punished by death or imprisonment for life or 
any term of years.''.

SEC. 7. 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 
after the subsections added by [subtitle B of title V of this Act] the 
following:
    ``(j) Whoever, in the course of a violation of subsection (c) of 
this section, 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 
        of this title, 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 of this title, be punished as provided in that section.''.

SEC. 8. 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 is 
amended by adding at the end the following:
``Sec.  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 of this 
title, 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) of this 
subsection 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) Clerical Amendment.--The table of sections at the beginning of 
chapter 51 of title 18, United States Code, is amended by adding at the 
end the following:

``1121. Killing persons aiding Federal investigations or State 
                            correctional officers.''.

SEC. 9. 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 a new subsection 
        (a) as follows:
    ``(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) 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 given by a person to a law enforcement officer; 
        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 of this title; and
            ``(B) in the case of an attempt, imprisonment for not more 
        than twenty years, a fine under this title, or both.''.

SEC. 10. 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:
``Sec. 2332a. Use of weapons of mass destruction
    ``(a) Whoever 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) 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) Clerical Amendment.--The table of sections at the beginning of 
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. 11. VIOLENCE AT AIRPORTS SERVING INTERNATIONAL CIVIL AVIATION.

    (a) Offense.--Chapter 2 of title 18, United States Code, is amended 
by adding at the end the following:
``Sec. 36. Violence at international airports
    ``(a) Whoever 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 which 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 
or imprisoned not more than twenty years, or both; and if the death of 
any person results from conduct prohibited by this subsection, shall be 
punished by death or imprisoned for any term of years or for life.
    ``(b) 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 of the 
        United States and the offender is later found in the United 
        States.
    ``(c) It is a bar to Federal prosecution under subsection (a) for 
conduct that occurred within the United States that the conduct 
involved--
            ``(1) a domestic dispute solely affecting and between 
        members of the same family or household or between social 
        acquaintances; or
            ``(2) was during or in relation to a labor dispute, and 
        such conduct was 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 (29 U.S.C. 
113(c)).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 2 of title 18, United States Code, is amended by adding at the 
end the following:

``36. Violence at international airports.''.
    (c) Effective Date.--This section shall take effect on the later 
of--
            (1) the date of the enactment of this Act; or
            (2) the date 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. 12. OFFENSES OF VIOLENCE AGAINST MARITIME NAVIGATION OR FIXED 
              PLATFORMS.

    (a) Offenses.--Chapter 111 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 2280. Violence against maritime navigation
    ``(a) Whoever unlawfully and intentionally--
            ``(1) seizes or exercises control over a ship by force or 
        threat thereof or any other form of intimidation;
            ``(2) 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;
            ``(3) destroys a ship or causes damage to a ship or to its 
        cargo which is likely to endanger the safe navigation of that 
        ship;
            ``(4) 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;
            ``(5) 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;
            ``(6) 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;
            ``(7) injures or kills any person in connection with the 
        commission or the attempted commission of any of the offenses 
        set forth in paragraphs (1) through (6); or
            ``(8) attempts to do any act prohibited under paragraphs 
        (1) through (7);
shall be fined under this title or imprisoned not more than twenty 
years, or both; and if the death of any person results, from conduct 
prohibited by this subsection, shall be punished by death or imprisoned 
for any term of years or for life.
    ``(b) Whoever threatens to do any act prohibited under paragraph 
(2), (3) or (5) of subsection (a), 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 or imprisoned not more than five years, or both.
    ``(c) There is jurisdiction over the prohibited activity in 
subsections (a) and (b)--
            ``(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.
    ``(d) It is a bar to Federal prosecution under subsection (a) for 
conduct that occurred within the United States that the conduct 
involved--
            ``(1) a domestic dispute solely affecting and between 
        members of the same family or household or between social 
        acquaintances; or
            ``(2) was during or in relation to a labor dispute, and 
        such conduct was 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 (29 U.S.C. 
113(c)).
    ``(e) 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.
    ``(f) As used in this section, the term--
            ``(1) the term `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 
        such term 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;
            ``(2) the term `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;
            ``(3) the term `national of the United States' has the 
        meaning given such term in section 101(a)(22) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(22));
            ``(4) the term `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; and
            ``(5) the term `United States', when used in a geographical 
        sense, includes the Commonwealth of Puerto Rico, the 
        Commonwealth of the Northern Marianas Islands and all 
        territories and possessions of the United States.
``Sec. 2281. Violence against maritime fixed platforms
    ``(a) Whoever unlawfully and intentionally--
            ``(1) seizes or exercises control over a fixed platform by 
        force or threat thereof or any other form of intimidation;
            ``(2) performs an act of violence against a person on board 
        a fixed platform if that act is likely to endanger its safety;
            ``(3) destroys a fixed platform or causes damage to it 
        which is likely to endanger its safety;
            ``(4) 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;
            ``(5) injures or kills any person in connection with the 
        commission or the attempted commission of any of the offenses 
        set forth in paragraphs (1) through (4); or
            ``(6) attempts to do anything prohibited under paragraphs 
        (1) through (5);

shall be fined under this title or imprisoned not more than twenty 
years, or both; and if death results to any person from conduct 
prohibited by this subsection, shall be punished by death or imprisoned 
for any term of years or for life.
    ``(b) Whoever threatens to do anything prohibited under paragraph 
(2) or (3) of subsection (a), 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 or imprisoned not more than five years, or both.
    ``(c) There is jurisdiction over the prohibited activity in 
subsections (a) and (b) 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.
    ``(d) It is a bar to Federal prosecution under subsection (a) for 
conduct that occurred within the United States that the conduct 
involved--
            ``(1) a domestic dispute solely affecting and between 
        members of the same family or household or between social 
        acquaintances; or
            ``(2) was during or in relation to a labor dispute, and 
        such conduct was 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 (29 U.S.C. 
113(c)).
    ``(e) As used in this section, the term--
            ``(1) `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;
            ``(2) `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;
            ``(3) `national of the United States' has the meaning given 
        such term in section 101(a)(22) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(22));
            ``(4) `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; and
            ``(5) `United States', when used in a geographical sense, 
        includes the Commonwealth of Puerto Rico, the Commonwealth of 
        the Northern Marianas Islands and all territories and 
        possessions of the United States.''.
    (b) Clerical Amendments.--The table of sections at the beginning of 
chapter 111 of title 18, United States Code, is amended by adding at 
the end thereof the following:

``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. 13. TORTURE.

    (a) In General.--Part I of title 18, United States Code, is amended 
by inserting after chapter 113A the following new chapter:

                        ``CHAPTER 113B--TORTURE

``Sec.
2340. Definitions.
2340A. Torture.
2340B. Exclusive remedies.
``Sec. 2340. Definitions
    ``As used in this chapter--
            ``(1) the term `torture' means an act committed by a person 
        acting under the color of law specifically intended to inflict 
        severe physical or mental pain or suffering (other than pain or 
        suffering incidental to lawful sanctions) upon another person 
        within his custody or physical control;
            ``(2) the term `severe mental pain or suffering' means the 
        prolonged mental harm caused by or resulting from (A) the 
        intentional infliction or threatened infliction of severe 
        physical pain or suffering; (B) the administration or 
        application, or threatened administration or application, of 
        mind altering substances or other procedures calculated to 
        disrupt profoundly the senses or the personality; (C) the 
        threat of imminent death; or (D) the threat that another person 
        will imminently be subjected to death, severe physical pain or 
        suffering, or the administration or application of mind 
        altering substances or other procedures calculated to disrupt 
        profoundly the senses or personality;
            ``(3) the term `United States' includes all areas under the 
        jurisdiction of the United States including any of the places 
        within the provisions of sections 5 and 7 of this title and 
        section 101(38) of the Federal Aviation Act of 1958, as amended 
        (49 U.S.C. App. 1301(38)).
``Sec. 2340A. Torture
    ``(a) Whoever, outside the United States and in a circumstance 
described in subsection (b) of this section, commits or attempts to 
commit torture--
            ``(1) shall be fined under this title or imprisoned not 
        more than twenty years, or both; and
            ``(2) if death results to any person from conduct 
        prohibited by this subsection, shall be punished by death or 
        imprisoned for any term of years or for life.
    ``(b) The circumstance referred to in subsection (a) of this 
section is if--
            ``(1) the alleged offender is a national of the United 
        States; or
            ``(2) the alleged offender is present in the United States, 
        irrespective of the nationality of the victim or the alleged 
        offender.
``Sec. 2340B. Exclusive remedies
    ``Nothing in this chapter shall be construed as precluding the 
application of State or local laws on the same subject, nor shall 
anything in this chapter be construed as creating any substantive or 
procedural right enforceable by law by any party in any civil 
proceeding.''.
    (b) Clerical Amendment.--The table of chapters for part I of title 
18, United States Code, is amended by inserting after the item for 
chapter 113A the following new item:

``113B. Torture.............................................    2340''.
    (c) Effective Date.--This section shall take effect on the later 
of--
            (1) the date of enactment of this section; or
            (2) the date the United States has become a party to the 
        Convention Against Torture and Other Cruel, Inhuman or 
        Degrading Treatment or Punishment.

SEC. 14. APPLICABILITY TO UNIFORM CODE OF MILITARY JUSTICE.

    The provisions of chapter 228 of title 18, United States Code, as 
added by (      ), shall not apply to prosecutions under the Uniform 
Code of Military Justice (10 U.S.C. 801).

SEC. 15. 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''.
HR 4032 RH----2
HR 4032 RH----3