[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1124 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 1124

            To abolish the death penalty under Federal law.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 21, 2023

Mr. Espaillat (for himself, Mr. Sarbanes, Ms. Barragan, Ms. Williams of 
 Georgia, Ms. Moore of Wisconsin, Ms. Brownley, Ms. Lee of California, 
   Mr. Khanna, Ms. Norton, Mr. Garcia of Illinois, Mr. Phillips, Ms. 
    Schakowsky, Ms. Meng, Ms. Tlaib, Mr. McGovern, Mr. Cleaver, Mr. 
DeSaulnier, Mr. Casar, Mr. Morelle, Ms. Velazquez, Mr. Mullin, and Mr. 
 Johnson of Georgia) introduced the following bill; which was referred 
to the Committee on the Judiciary, and in addition to the Committee on 
   Armed Services, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
            To abolish the death penalty under Federal law.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Death Penalty Abolition Act 
of 2023''.

SEC. 2. REPEAL OF FEDERAL LAWS PROVIDING FOR THE DEATH PENALTY.

    (a) Homicide-Related Offenses.--
            (1) Murder related to the smuggling of aliens.--Section 
        274(a)(1)(B)(iv) of the Immigration and Nationality Act (8 
        U.S.C. 1324(a)(1)(B)(iv)) is amended by striking ``punished by 
        death or''.
            (2) Destruction of aircraft, motor vehicles, or related 
        facilities resulting in death.--Section 34 of title 18, United 
        States Code, is amended by striking ``to the death penalty 
        or''.
            (3) Murder committed during a drug-related drive-by 
        shooting.--Section 36(b)(2)(A) of title 18, United States Code, 
        is amended by striking ``death or''.
            (4) Murder committed at an airport serving international 
        civil aviation.--Section 37(a) of title 18, United States Code, 
        is amended, in the matter following paragraph (2), by striking 
        ``punished by death or''.
            (5) Murder committed using chemical weapons.--Section 
        229A(a)(2) of title 18, United States Code, is amended--
                    (A) in the paragraph heading, by striking ``Death 
                penalty'' and inserting ``Causing death''; and
                    (B) by striking ``punished by death or''.
            (6) Civil rights offenses resulting in death.--Chapter 13 
        of title 18, United States Code, is amended--
                    (A) in section 241, by striking ``, or may be 
                sentenced to death'';
                    (B) in section 242, by striking ``, or may be 
                sentenced to death'';
                    (C) in section 245(b), by striking ``, or may be 
                sentenced to death''; and
                    (D) in section 247(d)(1), by striking ``, or may be 
                sentenced to death''.
            (7) Murder of a member of congress, an important executive 
        official, or a supreme court justice.--Section 351 of title 18, 
        United States Code, is amended--
                    (A) in subsection (b)--
                            (i) by striking ``(1)''; and
                            (ii) by striking ``, or (2) by death'' and 
                        all that follows through the end of the 
                        subsection and inserting a period; and
                    (B) in subsection (d)--
                            (i) by striking ``(1)''; and
                            (ii) by striking ``, or (2) by death'' and 
                        all that follows through the end of the 
                        subsection and inserting a period.
            (8) Death resulting from offenses involving transportation 
        of explosives, destruction of government property, or 
        destruction of property related to foreign or interstate 
        commerce.--Section 844 of title 18, United States Code, is 
        amended--
                    (A) in subsection (d), by striking ``or to the 
                death penalty'';
                    (B) in subsection (f)(3), by striking ``subject to 
                the death penalty, or'';
                    (C) in subsection (i), by striking ``or to the 
                death penalty''; and
                    (D) in subsection (n), by striking ``(other than 
                the penalty of death)''.
            (9) Murder committed by use of a firearm or armor piercing 
        ammunition during commission of a crime of violence or a drug 
        trafficking crime.--Section 924 of title 18, United States 
        Code, is amended--
                    (A) in subsection (c)(5)(B)(i), by striking 
                ``punished by death or''; and
                    (B) in subsection (j)(1), by striking ``by death 
                or''.
            (10) Genocide.--Section 1091(b)(1) of title 18, United 
        States Code, is amended by striking ``death or''.
            (11) First degree murder.--Section 1111(b) of title 18, 
        United States Code, is amended by striking ``by death or''.
            (12) Murder by a federal prisoner.--Section 1118 of title 
        18, United States Code, is amended--
                    (A) in subsection (a), by striking ``by death or''; 
                and
                    (B) in subsection (b), in the third undesignated 
                paragraph--
                            (i) by inserting ``or'' before ``an 
                        indeterminate''; and
                            (ii) by striking ``, or an unexecuted 
                        sentence of death''.
            (13) Murder of a state or local law enforcement official or 
        other person aiding in a federal investigation; murder of a 
        state correctional officer.--Section 1121 of title 18, United 
        States Code, is amended--
                    (A) in subsection (a), by striking ``by sentence of 
                death or''; and
                    (B) in subsection (b)(1), by striking ``or death''.
            (14) Murder during a kidnapping.--Section 1201(a) of title 
        18, United States Code, is amended by striking ``death or''.
            (15) Murder during a hostage-taking.--Section 1203(a) of 
        title 18, United States Code, is amended by striking ``death 
        or''.
            (16) Mailing of injurious articles with intent to kill or 
        resulting in death.--Section 1716(j)(3) of title 18, United 
        States Code, is amended by striking ``to the death penalty 
        or''.
            (17) Assassination or kidnapping resulting in the death of 
        the president or vice president.--Section 1751 of title 18, 
        United States Code, is amended--
                    (A) in subsection (b)--
                            (i) by striking ``(1)''; and
                            (ii) by striking ``, or (2) by death'' and 
                        all that follows through the end of the 
                        subsection and inserting a period; and
                    (B) in subsection (d)--
                            (i) by striking ``(1)''; and
                            (ii) by striking ``, or (2) by death'' and 
                        all that follows through the end of the 
                        subsection and inserting a period.
            (18) Murder for hire.--Section 1958(a) of title 18, United 
        States Code, is amended by striking ``death or''.
            (19) Murder involved in a racketeering offense.--Section 
        1959(a)(1) of title 18, United States Code, is amended by 
        striking ``death or''.
            (20) Willful wrecking of a train resulting in death.--
        Section 1992 of title 18, United States Code, is amended--
                    (A) in subsection (a), in the matter following 
                paragraph (10), by striking ``or subject to death,''; 
                and
                    (B) in subsection (b), in the matter following 
                paragraph (3), by striking ``, and if the offense 
                resulted in the death of any person, the person may be 
                sentenced to death''.
            (21) Bank robbery-related murder or kidnapping.--Section 
        2113(e) of title 18, United States Code, is amended by striking 
        ``death or''.
            (22) Murder related to a carjacking.--Section 2119(3) of 
        title 18, United States Code, is amended by striking ``, or 
        sentenced to death''.
            (23) Murder related to aggravated child sexual abuse.--
        Section 2241(c) of title 18, United States Code, is amended by 
        striking ``unless the death penalty is imposed,''.
            (24) Murder related to sexual abuse.--Section 2245 of title 
        18, United States Code, is amended by striking ``punished by 
        death or''.
            (25) Murder related to sexual exploitation of children.--
        Section 2251(e) of title 18, United States Code, is amended by 
        striking ``punished by death or''.
            (26) Murder committed during an offense against maritime 
        navigation.--Section 2280(a)(1) of title 18, United States 
        Code, is amended by striking ``punished by death or''.
            (27) Murder committed during an offense against a maritime 
        fixed platform.--Section 2281(a)(1) of title 18, United States 
        Code, is amended by striking ``punished by death or''.
            (28) Murder using devices or dangerous substances in waters 
        of the united states.--Section 2282A of title 18, United States 
        Code, is amended--
                    (A) by striking subsection (b); and
                    (B) by redesignating subsections (c) and (d) as 
                subsections (b) and (c), respectively.
            (29) Murder involving the transportation of explosive, 
        biological, chemical, or radioactive or nuclear materials.--
        Section 2283 of title 18, United States Code, is amended--
                    (A) by striking subsection (b); and
                    (B) by redesignating subsection (c) as subsection 
                (b).
            (30) Murder involving the destruction of vessel or maritime 
        facility.--Section 2291(d) of title 18, United States Code, is 
        amended by striking ``to the death penalty or''.
            (31) Murder of a united states national in another 
        country.--Section 2332(a)(1) of title 18, United States Code, 
        is amended by striking ``death or''.
            (32) Murder by the use of a weapon of mass destruction.--
        Section 2332a of title 18, United States Code, is amended--
                    (A) in subsection (a), in the matter following 
                paragraph (4), by striking ``, and if death results 
                shall be punished by death'' and all that follows 
                through the end of the subsection and inserting a 
                period; and
                    (B) in subsection (b), by striking ``, and if death 
                results shall be punished by death'' and all that 
                follows through the end of the subsection and inserting 
                a period.
            (33) Murder by act of terrorism transcending national 
        boundaries.--Section 2332b(c)(1)(A) of title 18, United States 
        Code, is amended by striking ``by death, or''.
            (34) Murder involving torture.--Section 2340A(a) of title 
        18, United States Code, is amended by striking ``punished by 
        death or''.
            (35) Murder involving a war crime.--Section 2441(a) of 
        title 18, United States Code, is amended by striking ``, and if 
        death results to the victim, shall also be subject to the 
        penalty of death''.
            (36) Murder related to a continuing criminal enterprise or 
        related murder of a federal, state, or local law enforcement 
        officer.--Section 408(e) of the Controlled Substances Act (21 
        U.S.C. 848(e)) is amended--
                    (A) in the subsection heading, by striking ``Death 
                Penalty'' and inserting ``Intentional Killing''; and
                    (B) in paragraph (1)--
                            (i) subparagraph (A), by striking ``, or 
                        may be sentenced to death''; and
                            (ii) in subparagraph (B), by striking ``, 
                        or may be sentenced to death''.
            (37) Death resulting from aircraft hijacking.--Section 
        46502 of title 49, United States Code, is amended--
                    (A) in subsection (a)(2)(B), by striking ``put to 
                death or''; and
                    (B) in subsection (b)(1)(B), by striking ``put to 
                death or''.
    (b) Non-Homicide Related Offenses.--
            (1) Espionage.--Section 794(a) of title 18, United States 
        Code, is amended by striking ``punished by death or'' and all 
        that follows before the period and inserting ``imprisoned for 
        any term of years or for life''.
            (2) Treason.--Section 2381 of title 18, United States Code, 
        is amended by striking ``shall suffer death, or''.
    (c) Title 10.--
            (1) In general.--Section 856 of title 10, United States 
        Code (article 56 of the Uniform Code of Military Justice) is 
        amended by inserting before the period at the end the 
        following: ``, except that the punishment may not include 
        death''.
            (2) Offenses.--
                    (A) Conspiracy.--Section 881(b) of title 10, United 
                States Code (article 81(b)), is amended by striking ``, 
                if death results'' and all that follows through the end 
                and inserting ``as a court-martial or military 
                commission may direct.''.
                    (B) Desertion.--Section 885(c) of title 10, United 
                States Code (article 85(c)), is amended by striking ``, 
                if the offense is committed in time of war'' and all 
                that follows through the end and inserting ``as a 
                court-martial may direct''.
                    (C) Assaulting or willfully disobeying superior 
                commissioned officer.--Section 890 of title 10, United 
                States Code (article 90), is amended by striking 
                ``shall be punished'' and all that follows through the 
                end and inserting ``shall be punished as a court-
                martial may direct.''.
                    (D) Mutiny or sedition.--Section 894(b) of title 
                10, United States Code (article 94(b)), is amended by 
                striking ``by death or such other punishment''.
                    (E) Misbehavior before the enemy.--Section 899 of 
                title 10, United States Code (article 99), is amended 
                by striking ``by death or such other punishment''.
                    (F) Subordinate compelling surrender.--Section 900 
                of title 10, United States Code (article 100), is 
                amended by striking ``by death or such other 
                punishment''.
                    (G) Improper use of countersign.--Section 901 of 
                title 10, United States Code (article 101), is amended 
                by striking ``by death or such other punishment''.
                    (H) Forcing a safeguard.--Section 902 of title 10, 
                United States Code (article 102), is amended by 
                striking ``suffer death'' and all that follows and 
                inserting ``be punished as a court-martial may 
                direct.''.
                    (I) Aiding the enemy.--Section 903b of title 10, 
                United States Code (article 103b), is amended by 
                striking ``suffer death or such other punishment as a 
                court-martial or military commission may direct'' and 
                inserting ``be punished as a court-martial or military 
                commission may direct''.
                    (J) Spies.--Section 903 of title 10, United States 
                Code (article 103), is amended by striking ``by death'' 
                and inserting ``by imprisonment for life''.
                    (K) Espionage.--Section 903a of title 10, United 
                States Code (article 103a), is amended--
                            (i) by striking subsections (b) and (c);
                            (ii) by redesignating paragraphs (2) and 
                        (3) of subsection (a) as subsections (b) and 
                        (c), respectively;
                            (iii) in subsection (a)--
                                    (I) by striking ``(1)'';
                                    (II) by striking ``paragraph (2)'' 
                                and inserting ``subsection (b)'';
                                    (III) by striking ``paragraph (3)'' 
                                and inserting ``subsection (c)''; and
                                    (IV) by striking ``as a court-
                                martial may direct,'' and all that 
                                follows and inserting ``as a court-
                                martial may direct.'';
                            (iv) in subsection (b), as so 
                        redesignated--
                                    (I) by striking ``paragraph (1)'' 
                                and inserting ``subsection (a)''; and
                                    (II) by redesignating subparagraphs 
                                (A), (B), and (C) as paragraphs (1), 
                                (2), and (3), respectively; and
                            (v) in subsection (c), as so redesignated, 
                        by striking ``paragraph (1)'' and inserting 
                        ``subsection (a)''.
                    (L) Improper hazarding of vessel.--The text of 
                section 910 of title 10, United States Code (article 
                110), is amended to read as follows:
    ``Any person subject to this chapter who willfully and wrongfully, 
or negligently, hazards or suffers to be hazarded any vessel of the 
Armed Forces shall be punished as a court-martial may direct.''.
                    (M) Offenses by sentinel or lookout.--Section 
                895(a) of title 10, United States Code (article 95(a)), 
                is amended by striking ``shall be punished'' and all 
                that follows and inserting ``shall be punished as a 
                court-martial may direct.''.
                    (N) Murder.--Section 918 of title 10, United States 
                Code (article 118), is amended by striking ``death or 
                imprisonment for life as a court-martial may direct'' 
                and inserting ``imprisonment for life''.
                    (O) Death or injury of an unborn child.--Section 
                919a(a) of title 10, United States Code (article 119a), 
                is amended--
                            (i) in paragraph (1), by striking ``, other 
                        than death,''; and
                            (ii) by striking paragraph (4).
                    (P) Crimes triable by military commission.--Section 
                950t of title 10, United States Code, is amended--
                            (i) in paragraph (1), by striking ``by 
                        death or such other punishment'';
                            (ii) in paragraph (2), by striking ``, if 
                        death results'' and all that follows and 
                        inserting ``as a military commission under this 
                        chapter may direct.'';
                            (iii) in paragraph (7), by striking ``, if 
                        death results'' and all that follows and 
                        inserting ``as a military commission under this 
                        chapter may direct.'';
                            (iv) in paragraph (8), by striking ``, if 
                        death results'' and all that follows and 
                        inserting ``as a military commission under this 
                        chapter may direct.'';
                            (v) in paragraph (9), by striking ``, if 
                        death results'' and all that follows and 
                        inserting ``as a military commission under this 
                        chapter may direct.'';
                            (vi) in paragraph (11)(A), by striking ``, 
                        if death results'' and all that follows and 
                        inserting ``as a military commission under this 
                        chapter may direct.'';
                            (vii) in paragraph (12), by striking ``, if 
                        death results'' and all that follows and 
                        inserting ``as a military commission under this 
                        chapter may direct.'';
                            (viii) in paragraph (13)(A), by striking 
                        ``, if death results'' and all that follows and 
                        inserting ``as a military commission under this 
                        chapter may direct.'';
                            (ix) in paragraph (14), by striking ``, if 
                        death results'' and all that follows and 
                        inserting ``as a military commission under this 
                        chapter may direct.'';
                            (x) in paragraph (15), by striking ``by 
                        death or such other punishment'';
                            (xi) in paragraph (17), by striking ``, if 
                        death results'' and all that follows and 
                        inserting ``as a military commission under this 
                        chapter may direct.'';
                            (xii) in paragraph (23), by striking ``, if 
                        death results'' and all that follows and 
                        inserting ``as a military commission under this 
                        chapter may direct.'';
                            (xiii) in paragraph (24), by striking ``, 
                        if death results'' and all that follows and 
                        inserting ``as a military commission under this 
                        chapter may direct.'';
                            (xiv) in paragraph (27), by striking ``by 
                        death or such other punishment''; and
                            (xv) in paragraph (29), by striking ``, if 
                        death results'' and all that follows and 
                        inserting ``as a military commission under this 
                        chapter may direct.''.
            (3) Jurisdictional and procedural matters.--
                    (A) Dismissed officer's right to trial by court-
                martial.--Section 804(a) of title 10, United States 
                Code (article 4(a) of the Uniform Code of Military 
                Justice), is amended by striking ``or death''.
                    (B) Courts-martial classified.--Section 816(b) of 
                title 10, United States Code (article 16(b)), is 
                amended--
                            (i) by striking paragraph (2); and
                            (ii) by redesignating paragraph (3) as 
                        paragraph (2).
                    (C) Jurisdiction of general courts-martial.--
                Section 818 of title 10, United States Code (article 
                18), is amended--
                            (i) in subsection (a), by striking 
                        ``including the penalty of death when 
                        specifically authorized by this chapter'' and 
                        inserting ``except death'';
                            (ii) by striking subsection (b); and
                            (iii) by redesignating subsection (c) as 
                        subsection (b).
                    (D) Jurisdiction of special courts-martial.--
                Section 819 of title 10, United States Code (article 
                19), is amended in the first sentence by striking ``for 
                any noncapital offense'' and all that follows and 
                inserting ``for any offense made punishable by this 
                chapter.''.
                    (E) Jurisdiction of summary courts-martial.--
                Section 820 of title 10, United States Code (article 
                20), is amended in the first sentence by striking 
                ``noncapital''.
                    (F) Number of members in capital cases.--
                            (i) In general.--Section 825a of title 10, 
                        United States Code (article 25a), is repealed.
                            (ii) Clerical amendment.--The table of 
                        sections at the beginning of subchapter V of 
                        chapter 47 of title 10, United States Code, is 
                        amended by striking the item relating to 
                        section 825a (article 25a).
                    (G) Absent and additional members.--Section 829 of 
                title 10, United States Code (article 29), is amended--
                            (i) in subsection (b)(2), by striking 
                        ``shall impanel'' and all that follows and 
                        inserting ``shall empanel eight members.'';
                            (ii) in subsection (d)--
                                    (I) in paragraph (1)--
                                            (aa) by striking 
                                        subparagraph (A);
                                            (bb) by redesignating 
                                        subparagraphs (B) and (C) as 
                                        subparagraphs (A) and (B), 
                                        respectively; and
                                            (cc) in subparagraph (A), 
                                        as so redesignated, by striking 
                                        ``in a noncapital case''; and
                                    (II) in paragraph (2)--
                                            (aa) by striking 
                                        subparagraph (A);
                                            (bb) by redesignating 
                                        subparagraphs (B) and (C) as 
                                        subparagraphs (A) and (B), 
                                        respectively; and
                                            (cc) in subparagraph (A), 
                                        as so redesignated, by striking 
                                        ``in a noncapital case''.
                    (H) Statute of limitations.--Subsection (a) of 
                section 843 of title 10, United States Code (article 
                43), is amended to read as follows:
    ``(a)(1) A person charged with an offense described in paragraph 
(2) may be tried and punished at any time without limitation.
    ``(2) An offense described in this paragraph is any offense as 
follows:
            ``(A) Absence without leave or missing movement in time of 
        war.
            ``(B) Murder.
            ``(C) Rape.
            ``(D) A violation of section 881 of this title (article 81) 
        that results in death to one or more of the victims.
            ``(E) Desertion or attempt to desert in time of war.
            ``(F) A violation of section 890 of this title (article 90) 
        committed in time of war.
            ``(G) Attempted mutiny, mutiny, sedition, or failure to 
        suppress or report a mutiny or sedition.
            ``(H) A violation of section 895(a) of this title (article 
        95(a)) committed in time of war.
            ``(I) A violation of section 899 of this title (article 
        99).
            ``(J) A violation of section 900 of this title (article 
        100).
            ``(K) A violation of section 901 of this title (article 
        101).
            ``(L) A violation of section 902 of this title (article 
        102).
            ``(M) A violation of section 903 of this title (article 
        103).
            ``(N) A violation of section 903a of this title (article 
        103a).
            ``(O) A violation of section 903b of this title (article 
        103b).
            ``(P) A violation of section 910 of this title (article 
        110) in which the person subject to this chapter willfully and 
        wrongfully hazarded or suffered to be hazarded any vessel of 
        the Armed Forces.''.
                    (I) Pleas of accused.--Section 845(b) of title 10, 
                United States Code (article 45(b)), is amended--
                            (i) by striking the first sentence; and
                            (ii) by striking ``With respect to any 
                        other charge'' and inserting ``With respect to 
                        any charge''.
                    (J) Depositions.--Section 849 of title 10, United 
                States Code (article 49), is amended by striking 
                subsection (d).
                    (K) Admissibility of records of courts of 
                inquiry.--Section 850 of title 10, United States Code 
                (article 50), is amended--
                            (i) in subsection (a), by striking ``not 
                        capital and''; and
                            (ii) in subsection (b), by striking 
                        ``capital cases or''.
                    (L) Number of votes required for conviction and 
                sentencing by court-martial.--Section 852(b)(2) of 
                title 10, United States Code (article 52(b)(2)), is 
                amended by striking ``A sentence of death'' and all 
                that follows and inserting ``All sentences imposed by 
                members shall be determined by the concurrence of at 
                least three-fourths of the members present when the 
                vote is taken.''
                    (M) Record of trial.--Section 854(c)(2) of title 
                10, United States Code (article 54(c)(2)), is amended 
                by striking ``death,''.
                    (N) Forfeiture of pay and allowances during 
                confinement.--Section 858b(a)(2)(A) of title 10, United 
                States Code (article 58b(a)(2)(A)), is amended by 
                striking ``or death''.
                    (O) Waiver or withdrawal of appeal.--Section 861 of 
                title 10, United States Code (article 61), is amended--
                            (i) by striking subsection (c); and
                            (ii) by redesignating subsection (d) as 
                        subsection (c).
                    (P) Review by court of criminal appeals.--Section 
                866(b)(3) of title 10, United States Code (article 
                66(b)(3)), is amended by striking ``death,''.
                    (Q) Review by court of appeals for the armed 
                forces.--Section 867(a) of title 10, United States Code 
                (article 67(a)), is amended--
                            (i) by striking paragraph (1); and
                            (ii) by redesignating paragraphs (2) and 
                        (3) as paragraphs (1) and (2), respectively.
                    (R) Effective date of sentences.--Section 857(a) of 
                title 10, United States Code (article 57(a)), is 
                amended--
                            (i) by striking paragraph (3);
                            (ii) by redesignating paragraphs (4) 
                        through (6) as paragraphs (3) through (5), 
                        respectively; and
                            (iii) in paragraph (4), as so 
                        redesignated--
                                    (I) by striking ``death, dismissal, 
                                or'' each place it appears and 
                                inserting ``dismissal or'';
                                    (II) by striking ``death or''; and
                                    (III) by striking ``under paragraph 
                                (3) or (4), as appropriate'' and 
                                inserting ``under paragraph (3)''.
                    (S) General article.--Section 934 of title 10, 
                United States Code (article 134), is amended by 
                striking ``crimes and offenses not capital'' and 
                inserting ``crimes and offenses''.
                    (T) Jurisdiction of military commissions.--Section 
                948d of title 10, United States Code, is amended by 
                striking ``including the penalty of death'' and all 
                that follows and inserting ``except death.''.
                    (U) Number of members of military commissions.--
                Subsection (a) of section 948m of title 10, United 
                States Code, is amended to read as follows:
    ``(a) Number of Members.--A military commission under this chapter 
shall have at least 5 members.''.
                    (V) Number of votes required for sentencing by 
                military commission.--Section 949m of title 10, United 
                States Code, is amended--
                            (i) in subsection (b)--
                                    (I) by striking paragraph (1); and
                                    (II) by redesignating paragraphs 
                                (2) and (3) as paragraphs (1) and (2), 
                                respectively; and
                            (ii) by striking subsection (c).
                    (W) Appellate referral for military commissions.--
                Section 950c of title 10, United States Code, is 
                amended--
                            (i) in subsection (b)(1), by striking 
                        ``Except in a case in which the sentence as 
                        approved under section 950b of this title 
                        extends to death, an accused'' and inserting 
                        ``An accused''; and
                            (ii) in subsection (c), by striking 
                        ``Except in a case in which the sentence as 
                        approved under section 950b of this title 
                        extends to death, the accused'' and inserting 
                        ``The accused''.
                    (X) Execution of sentence by military 
                commissions.--Section 950i of title 10, United States 
                Code, is amended--
                            (i) by striking subsections (b) and (c);
                            (ii) by redesignating subsection (d) as 
                        subsection (b); and
                            (iii) in subsection (b), as so 
                        redesignated, by striking ``, except a sentence 
                        of death''.
    (d) Conforming Amendments.--
            (1) Repeal of criminal procedures relating to imposition of 
        death sentence.--
                    (A) In general.--Chapter 228 of title 18, United 
                States Code, is repealed.
                    (B) Clerical amendment.--The table of chapters for 
                part II of title 18, United States Code, is amended by 
                striking the item relating to chapter 228.
            (2) Other provisions.--
                    (A) Interception of wire, oral, or electronic 
                communications.--Section 2516(1)(a) of title 18, United 
                States Code, is amended by striking ``by death or''.
                    (B) Release and detention pending judicial 
                proceedings.--Chapter 207 of title 18, United States 
                Code, is amended--
                            (i) in section 3142(f)(1)(B), by striking 
                        ``or death''; and
                            (ii) in section 3146(b)(1)(A)(i), by 
                        striking ``death, life imprisonment,'' and 
                        inserting ``life imprisonment''.
                    (C) Venue in capital cases.--Chapter 211 of title 
                18, United States Code, is amended--
                            (i) by striking section 3235; and
                            (ii) in the table of sections, by striking 
                        the item relating to section 3235.
                    (D) Period of limitations.--
                            (i) In general.--Chapter 213 of title 18, 
                        United States Code, is amended by striking 
                        section 3281 and inserting the following:
``Sec. 3281. Offenses with no period of limitations
    ``An indictment may be found at any time without limitation for the 
following offenses:
            ``(1) A violation of section 274(a)(1)(A) of the 
        Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A)) 
        resulting in the death of any person.
            ``(2) A violation of section 34 of this title.
            ``(3) A violation of section 36(b)(2)(A) of this title.
            ``(4) A violation of section 37(a) of this title that 
        results in the death of any person.
            ``(5) A violation of section 229A(a)(2) of this title.
            ``(6) A violation of section 241, 242, 245(b), or 247(a) of 
        this title that--
                    ``(A) results in death; or
                    ``(B) involved kidnapping or an attempt to kidnap, 
                aggravated sexual abuse or an attempt to commit 
                aggravated sexual abuse, or an attempt to kill.
            ``(7) A violation of subsection (b) or (d) of section 351 
        of this title.
            ``(8) A violation of section 794(a) of this title.
            ``(9) A violation of subsection (d), (f), or (i) of section 
        844 of this title that results in the death of any person 
        (including any public safety officer performing duties as a 
        direct or proximate result of conduct prohibited by such 
        subsection).
            ``(10) An offense punishable under subsection (c)(5)(B)(i) 
        or (j)(1) of section 924 of this title.
            ``(11) An offense punishable under section 1091(b)(1) of 
        this title.
            ``(12) A violation of section 1111 of this title that is 
        murder in the first degree.
            ``(13) A violation of section 1118 of this title.
            ``(14) A violation of subsection (a) or (b) of section 1121 
        of this title.
            ``(15) A violation of section 1201(a) of this title that 
        results in the death of any person.
            ``(16) A violation of section 1203(a) of this title that 
        results in the death of any person.
            ``(17) An offense punishable under section 1512(a)(3) of 
        this title that is murder (as that term is defined in section 
        1111 of this title).
            ``(18) An offense punishable under section 1716(j)(3) of 
        this title.
            ``(19) A violation of subsection (b) or (d) of section 1751 
        of this title.
            ``(20) A violation of section 1958(a) of this title that 
        results in death.
            ``(21) A violation of section 1959(a) of this title that is 
        murder.
            ``(22) A violation of subsection (a) (except for a 
        violation of paragraph (8), (9), or (10) of such subsection) or 
        (b) of section 1992 of this title that results in the death of 
        any person.
            ``(23) A violation of section 2113(e) of this title that 
        results in death.
            ``(24) An offense punishable under section 2119(3) of this 
        title.
            ``(25) An offense punishable under section 2245(a) of this 
        title.
            ``(26) A violation of section 2251 of this title that 
        results in the death of a person.
            ``(27) A violation of section 2280(a)(1) of this title that 
        results in the death of any person.
            ``(28) A violation of section 2281(a)(1) of this title that 
        results in the death of any person.
            ``(29) A violation of section 2282A(a) of this title that 
        causes the death of any person.
            ``(30) A violation of section 2283(a) of this title that 
        causes the death of any person.
            ``(31) An offense punishable under section 2291(d) of this 
        title.
            ``(32) An offense punishable under section 2332(a)(1) of 
        this title.
            ``(33) A violation of subsection (a) or (b) of section 
        2332a of this title that results in death.
            ``(34) An offense punishable under section 2332b(c)(1)(A) 
        of this title.
            ``(35) A violation of section 2340A(a) of this title that 
        results in the death of any person.
            ``(36) A violation of section 2381 of this title.
            ``(37) A violation of section 2441(a) of this title that 
        results in the death of the victim.
            ``(38) A violation of section 408(e) of the Controlled 
        Substances Act (21 U.S.C. 848(e)).
            ``(39) An offense punishable under subsection (a)(2)(B) or 
        (b)(1)(B) of section 46502 of title 49.''.
                            (ii) Clerical amendment.--The table of 
                        sections for chapter 213 of title 18, United 
                        States Code, is amended by striking the item 
                        relating to section 3281 and inserting the 
                        following:

``3281. Offenses with no period of limitations.''.

SEC. 3. PROHIBITION ON IMPOSITION OF DEATH SENTENCE.

    (a) In General.--Notwithstanding any other provision of law, no 
person may be sentenced to death or put to death on or after the date 
of enactment of this Act for any violation of Federal law.
    (b) Persons Sentenced Before Date of Enactment.--Notwithstanding 
any other provision of law, any person sentenced to death before the 
date of enactment of this Act for any violation of Federal law shall be 
resentenced.
                                 <all>