[Congressional Record Volume 153, Number 19 (Wednesday, January 31, 2007)]
[Senate]
[Pages S1417-S1421]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. FEINGOLD:
  S. 447. A bill to abolish the dealth penalty under Federal law; to 
the Committee on the Judiciary.
  Mr. FEINGOLD. Mr. President, today I am introducing the Federal Death 
Penalty Abolition Act of 2007. This bill would abolish the death 
penalty at the Federal level. It would put an immediate halt to 
executions and forbid the imposition of the death penalty as a sentence 
for violations of Federal law.
  Since 1976, when the death penalty was reinstated by the Supreme 
Court, there have been 1,060 executions across the country, including 
three at the Federal level. During that same time period, 123 people on 
death row have been exonerated and released from death row. These 
people never should have been convicted in the first place.
  Consider those numbers. One thousand and sixty executions, and one 
hundred and twenty-three exonerations in the modern death penalty era. 
Had those exonerations not taken place, had those 123 people been 
executed, those executions would have represented an error rate of 
greater than 10 percent. That is more than an embarrassing statistic; 
it is a horrifying one, one that should have us all questioning the use 
of capital punishment in this country. In fact, since 1999 when I first 
introduced this bill, 46 death row inmates have been exonerated 
throughout the country.
  In the face of these numbers, the national debate on the death 
penalty has intensified. For the second year in a row, the number of 
executions, the number of death sentences imposed, and the size of the 
death row population have decreased as a growing number of voices have 
joined to express doubt about the use of capital punishment in America. 
The voices of those questioning the fairness of the death penalty have 
been heard from college campuses and courtrooms and podiums across the 
Nation, to the Senate Judiciary Committee hearing room, to the United 
States Supreme Court. The American public understands that the death 
penalty raises serious and complex issues. The death penalty can no 
longer be exploited for political purposes. In fact, for the first 
time, a May 2006 Gallup Poll reported that more Americans prefer a 
sentence of life without parole over the death penalty when given a 
choice. If anything, the political consensus is that it is time for a 
change. We must not ignore these voices.
  In the wake of the Supreme Court's decision in 1976 to allow capital 
punishment, the Federal Government first resumed death penalty 
prosecutions after enactment of a 1988 Federal law that provided for 
the death penalty for murder in the course of a drug-kingpin 
conspiracy. The Federal death penalty was then expanded significantly 
in 1994, when the omnibus crime bill expanded its use to a total of 
some 60 Federal offenses. And despite my best efforts to halt the 
expansion of the Federal death penalty, more and more provisions seem 
to be added every year. While the use of and confidence in the death 
penalty is decreasing overall, the Federal Government has been going in 
the opposite direction, making more defendants eligible for capital 
punishment and increasing the size of its Federal death row. Moreover, 
there are now six individuals on Federal death row from States that do 
not have capital punishment. The Federal Government is pulling in the 
wrong direction as the rest of the Nation moves toward a more just 
system.
  On this very day eight years ago, Governor George Ryan took the 
historic step of placing a moratorium on executions in Illinois and 
creating an independent, blue ribbon commission to review the State's 
death penalty system. The Commission conducted an extensive study of 
the death penalty in Illinois and released a report with 85 
recommendations for reform of the death penalty system. The Commission 
concluded that the death penalty system is not fair, and that the risk 
of executing the innocent is alarmingly real. Governor Ryan later 
pardoned four death row inmates and commuted the sentences of all 
remaining Illinois death row inmates to life in prison before he left 
office in January 2003.
  Illinois is not alone. Seven years ago, then Maryland Governor Parris 
Glendening learned of suspected racial disparities in the 
administration of the death penalty in Maryland. Governor Glendening 
did not look the other way. He commissioned the University of Maryland 
to conduct the most exhaustive study of Maryland's application of the 
death penalty in history. Then faced with the rapid approach of a 
scheduled execution, Governor Glendening acknowledged that it was 
unacceptable to allow executions to take place while the study he had 
ordered was not yet complete. So, in May 2002, he placed a moratorium 
on executions. Although Governor Bob Ehrlich lifted that moratorium and 
allowed executions to resume during his tenure, Governor Martin 
O'Malley has indicated that he would approve a legislative repeal of 
the death penalty and that he, like the majority in this country, 
favors life without parole.
  Other States also have taken important steps. New York's death 
penalty was overturned by a court decision in 2004 and has not been 
reinstated by the legislature, and New Jersey enacted a moratorium in 
2006. Along with New York and New Jersey, four other States that still 
have the death penalty technically on their books have not executed any 
individuals since 1976. In addition, there are 12 States, plus the 
District of Columbia, whose laws do not provide for capital punishment 
at all. And following in the footsteps of Illinois and Maryland, North 
Carolina and California both began legislative studies of their own 
capital punishment systems this past year.
  The more we learn about the death penalty through studies like those, 
the more reasons we have to oppose it. For example, the Maryland 
study--released in January 2003--contained findings that should startle 
us all. The study found that blacks accused of killing whites are more 
likely to receive a death sentence than blacks who kill blacks, or than 
white killers. According to the report, black offenders who kill whites 
are four times as likely to be sentenced to death as blacks who kill 
blacks, and twice as likely to get a death sentence as whites who kill 
whites.
  The Maryland and Illinois studies cannot be brushed aside as atypical 
or dismissed as revealing state-specific anomalies in an otherwise 
perfect system. Years of study have shown that the death penalty does 
little to deter crime, and that defendants' likelihood of being 
sentenced to death depends heavily on illegitimate factors such as 
whether they are rich or poor. Since reinstatement of the modern death 
penalty, 80 percent of murder victims in cases where death sentences 
were handed down were white, even though only 50 percent of murder 
victims are white. Nationwide, more than half of the death row inmates 
are African Americans or Hispanic Americans. There is evidence of 
racial disparities, inadequate counsel, prosecutorial misconduct, and 
false scientific evidence in death penalty systems across the country.
  At least Maryland, Illinois, North Carolina, and California have 
begun the process of investigating the flaws in their own systems. But 
there are 36 other States that have death penalty provisions in their 
laws, 36 other States with systems that are most likely plagued with 
the same flaws. And these systems come at great additional cost to the 
taxpayers. For example, a 2005 report found that California's death 
penalty system costs taxpayers $114 million in additional costs each 
year. Similar reports detailing the extraordinary financial costs of 
the death penalty have been generated for States across the Nation.
  Moreover, there are growing concerns about the most common method of 
execution, lethal injection. These concerns are so grave that eight 
States and the Federal system all halted individual executions in 2006 
to work through these problems. And these numbers are growing. Just 
this last week, executions in North Carolina were halted because of 
challenges to lethal injection. More and more research is emerging that 
suggests that lethal injections are unnecessarily painful and cruel, 
and that this method of capital punishment--however sanitary or humane 
it may appear--is no less barbaric than the more antiquated methods 
lethal injection was designed to replace, such as the noose or the 
firing squad, no less horrific than the electric chair or the gas 
chamber.
  Nothing is more barbaric, of course, than the execution of an 
innocent person, and it is clearer than ever that the

[[Page S1418]]

risk is very real. Already, information has surfaced that suggests that 
two men put to death in the 1990s may have been innocent. This is a 
chilling prospect, one that illustrates the very grave danger in 
imposing the death penalty. The loss of just one innocent life through 
capital punishment should be enough to force all of us to stop and 
reconsider this penalty.
  And while we examine the flaws in our death penalty system, we cannot 
help but note that our use of the death penalty stands in stark 
contrast to the majority of nations, which have abolished the death 
penalty in law or practice. There are now 123 countries that have done 
so. In 2005, only China, Iran, and Saudi Arabia executed more people 
than we did. These countries, and others on the list of nations that 
actively use capital punishment, are countries that we often criticize 
for human rights abuses. The European Union denies membership in the 
alliance to those nations that use the death penalty. In fact, it 
passed a resolution calling for the immediate and unconditional global 
abolition of the death penalty, and it specifically called on all 
States within the United States to abolish the death penalty. This is 
significant because it reflects the unanimous view of a group of 
nations with which the United States enjoys close relationships and 
shares common values. We should join with them and with the over 100 
other nations that have renounced this practice.
  We are a Nation that prides itself on the fundamental principles of 
justice, liberty, equality and due process. We are a Nation that 
scrutinizes the human rights records of other nations. Historically, we 
are one of the first Nations to speak out against torture and killings 
by foreign governments. We should hold our own system of justice to the 
highest standard.
  As a matter of justice, this is an issue that transcends political 
allegiances. A range of prominent voices in our country are raising 
serious questions about the death penalty, and they are not just voices 
of liberals, or of the faith community. They are the voices of former 
FBI Director William Sessions, former Justice Sandra Day O'Connor, 
Reverend Pat Robertson, George Will, former Mississippi warden Donald 
Cabana, the Republican former Governor of Illinois, George Ryan, and 
the Democratic former Governor of Maryland, Parris Glendening. The 
voices of those questioning our application of the death penalty are 
growing in number, they are growing louder, and they are reflected in 
some of the decisions of the highest court of the land. In recent 
years, the Supreme Court has held that the execution of juvenile 
offenders and the mentally retarded is unconstitutional.
  As we begin a new year and a new Congress, I believe the continued 
use of the death penalty in the United States is beneath us. The death 
penalty is at odds with our best traditions. It is wrong and it is 
immoral. The adage ``two wrongs do not make a right,'' applies here in 
the most fundamental way. Our Nation has long ago done away with other 
barbaric punishments like whipping and cutting off the ears of 
criminals. Just we did away with these punishments as contrary to our 
humanity and ideals, it is time to abolish the death penalty as we seek 
to spread peace and justice both here and overseas. It is not just a 
matter of morality. The continued viability of our criminal justice 
system as a truly just system that deserves the respect of our own 
people and the world requires that we do so. Our Nation's goal to 
remain the world's leading defender of freedom, liberty and equality 
demands that we do so.
  Abolishing the death penalty will not be an easy task. It will take 
patience, persistence, and courage. As we work to move forward in a 
rapidly changing world, let us leave this archaic practice behind.
  I ask my colleagues to join me in taking the first step in abolishing 
the death penalty in our great Nation. I also call on each State that 
authorizes the use of the death penalty to cease this practice. Let us 
together reject violence and restore fairness and integrity to our 
criminal justice system.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 447

       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 2007''.

     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 kidnaping.--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) Murder with the intent of preventing testimony by a 
     witness, victim, or informant.--Section 1512(a)(2)(A) of 
     title 18, United States Code, is amended by striking ``the 
     death penalty or''.
       (17) 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''.
       (18) Assassination or kidnaping resulting in the death of 
     the president or vice president.--Section 1751 of title 18, 
     United States Code, is amended--
       (A) in subsection (b)--

[[Page S1419]]

       (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.
       (19) Murder for hire.--Section 1958(a) of title 18, United 
     States Code, is amended by striking ``death or''.
       (20) Murder involved in a racketeering offense.--Section 
     1959(a)(1) of title 18, United States Code, is amended by 
     striking ``death or''.
       (21) 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''.
       (22) Bank robbery-related murder or kidnaping.--Section 
     2113(e) of title 18, United States Code, is amended by 
     striking ``death or''.
       (23) Murder related to a carjacking.--Section 2119(3) of 
     title 18, United States Code, is amended by striking ``, or 
     sentenced to death''.
       (24) 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,''.
       (25) Murder related to sexual abuse.--Section 2245 of title 
     18, United States Code, is amended by striking ``punished by 
     death or''.
       (26) Murder related to sexual exploitation of children.--
     Section 2251(e) of title 18, United States Code, is amended 
     by striking ``punished by death or''.
       (27) 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''.
       (28) 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''.
       (29) 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.
       (30) 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).
       (31) 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''.
       (32) 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''.
       (33) 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.
       (34) 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''.
       (35) Murder involving torture.--Section 2340A(a) of title 
     18, United States Code, is amended by striking ``punished by 
     death or''.
       (36) 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''.
       (37) 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''.
       (38) 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) Offenses.--
       (A) Conspiracy.--Section 881(b) of title 10, United States 
     Code (article 81(b) of the Uniform Code of Military Justice), 
     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 ``, if the offense 
     is committed in time of war'' and all that follows and 
     inserting ``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 904 of title 10, United 
     States Code (article 104), 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 906 of title 10, United States Code 
     (article 106), is amended by striking ``by death'' and 
     inserting ``by imprisonment for life''.
       (K) Espionage.--Section 906a of title 10, United States 
     Code (article 106a), 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) Misbehavior of sentinel.--Section 913 of title 10, 
     United States Code (article 113), is amended by striking ``, 
     if the offense is committed in time of war'' and all that 
     follows and inserting ``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, is amended--
       (i) in paragraph (1), by striking ``, other than death,''; 
     and
       (ii) by striking paragraph (4).
       (P) Rape.--Section 920(a) of title 10, United States Code 
     (article 120(a)), is amended by striking ``by death or such 
     other punishment''.
       (Q) Crimes triable by military commission.--Section 950v(b) 
     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

[[Page S1420]]

     ``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)(A), 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 (28), by striking ``, if death results'' 
     and all that follows and inserting ``as a military commission 
     under this chapter may direct.''.
       (2) 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(1)(A) of title 
     10, United States Code (article 10(1)(A)), is amended by 
     striking ``or, in a case in which the accused may be 
     sentenced to a penalty of death'' and all that follows 
     through ``(article 25a)''.
       (C) Jurisdiction of general courts-martial.--Section 818 of 
     title 10, United States Code (article 18), is amended--
       (i) in the first sentence by striking ``including the 
     penalty of death when specifically authorized by this 
     chapter'' and inserting ``except death''; and
       (ii) by striking the third sentence.
       (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(b)(2) of 
     title 10, United States Code (article 29(b)(2)), is amended 
     by striking ``or, in a case in which the death penalty may be 
     adjudged'' and all that follows and inserting a period.
       (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 899 of this title (article 
     99).
       ``(I) A violation of section 900 of this title (article 
     100).
       ``(J) A violation of section 901 of this title (article 
     101).
       ``(K) A violation of section 902 of this title (article 
     102).
       ``(L) A violation of section 904 of this title (article 
     104).
       ``(M) A violation of section 906 of this title (article 
     106).
       ``(N) A violation of section 906a of this title (article 
     106a).
       ``(O) 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.
       ``(P) A violation of section 913 of this title (article 
     113) committed in time of war.''.
       (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--
       (i) in subsection (d), by striking ``in any case not 
     capital''; and
       (ii) by striking subsections (e) and (f).
       (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 of title 10, United States 
     Code (article 52), is amended--
       (i) in subsection (a)--

       (I) by striking paragraph (1);
       (II) by redesignating paragraph (2) as subsection (a); and
       (III) by striking ``any other offense'' and inserting ``any 
     offense''; and

       (ii) in subsection (b)--

       (I) by striking paragraph (1); and
       (II) by redesignating paragraphs (2) and (3) as paragraphs 
     (1) and (2), respectively.

       (M) Record of trial.--Section 854(c)(1)(A) of title 10, 
     United States Code (article 54(c)(1)(A)), 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) in subsection (a), by striking ``except a case in which 
     the sentence as approved under section 860(c) of this title 
     (article 60(c)) includes death,''; and
       (ii) in subsection (b), by striking ``Except in a case in 
     which the sentence as approved under section 860(c) of this 
     title (article 60(c)) includes death, the accused'' and 
     inserting ``The accused''.
       (P) Review by court of criminal appeals.--Section 866(b) of 
     title 10, United States Code (article 66(b)), is amended--
       (i) in the matter preceding paragraph (1), by inserting 
     ``in which'' after ``court-martial'';
       (ii) in paragraph (1), by striking ``in which the sentence, 
     as approved, extends to death,'' and inserting ``the 
     sentence, as approved, extends to''; and
       (iii) in paragraph (2), by striking ``except in the case of 
     a sentence extending to 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) Execution of sentence.--Section 871 of title 10, United 
     States Code (article 71), is amended--
       (i) by striking subsection (a);
       (ii) by redesignating subsection (b) as subsection (a);
       (iii) by striking subsection (c) and inserting the 
     following:
       ``(b)(1) If a sentence extends to dismissal or a 
     dishonorable or bad conduct discharge and if the right of the 
     accused to appellate review is not waived, and an appeal is 
     not withdrawn, under section 861 of this title (article 61), 
     that part of the sentence extending to dismissal or a 
     dishonorable or bad conduct discharge may not be executed 
     until there is a final judgment as to the legality of the 
     proceedings (and with respect to dismissal, approval under 
     subsection (a)). A judgment as to legality of the proceedings 
     is final in such cases when review is completed by a Court of 
     Criminal Appeals and--
       ``(A) the time for the accused to file a petition for 
     review by the Court of Appeals for the Armed Forces has 
     expired and the accused has not filed a timely petition for 
     such review and the case is not otherwise under review by 
     that Court;
       ``(B) such a petition is rejected by the Court of Appeals 
     for the Armed Forces; or
       ``(C) review is completed in accordance with the judgment 
     of the Court of Appeals for the Armed Forces and--
       ``(i) a petition for a writ of certiorari is not filed 
     within the time limits prescribed by the Supreme Court;
       ``(ii) such a petition is rejected by the Supreme Court; or
       ``(iii) review is otherwise completed in accordance with 
     the judgment of the Supreme Court.
       ``(2) If a sentence extends to dismissal or a dishonorable 
     or bad conduct discharge and if the right of the accused to 
     appellate review is waived, or an appeal is withdrawn, under 
     section 861 of this title (article 61), that part of the 
     sentence extending to dismissal or a bad conduct or 
     dishonorable discharge may not be executed until review of 
     the case by a judge advocate (and any action on that review) 
     under section 864 of this title (article 64) is completed. 
     Any other part of a court-martial sentence may be ordered 
     executed by the convening authority or other person acting on 
     the case under section 860 of this title (article 60) when 
     approved by him under that section.'';
       (iv) by redesignating subsection (d) as subsection (c); and
       (v) in subsection (c), as so redesignated, by striking ``, 
     except a sentence of death''.

[[Page S1421]]

       (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(d) 
     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 a case in 
     which the sentence as approved under section 950b of this 
     title extends to death,''; 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.--
       (i) In general.--Section 950i of title 10, United States 
     Code, is amended--

       (I) in the section heading, by striking ``; PROCEDURES FOR 
     EXECUTION OF SENTENCE OF DEATH'';
       (II) by striking subsections (b) and (c);
       (III) by redesignating subsection (d) as subsection (b); 
     and
       (IV) in subsection (b), as so redesignated, by striking ``, 
     except a sentence of death''.

       (ii) Clerical amendment.--The table of sections at the 
     beginning of subchapter VI of chapter 47A of title 10, United 
     States Code, is amended by striking the item relating to 
     section 950i and inserting the following new item:

``950i. Execution of sentence.''.
       (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 221 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 serve a sentence of 
     life imprisonment without the possibility of parole.
                                 ______