[Congressional Record Volume 155, Number 48 (Thursday, March 19, 2009)]
[Senate]
[Pages S3558-S3563]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. FEINGOLD:
  S. 650. A bill to abolish the death 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 2009. This bill would abolish the death 
penalty at the Federal level. It would put an immediate halt to Federal 
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 1,130 executions across the country, including 
three at the Federal level. During that same time period, 130 people on 
death row have been exonerated and released from death row. Consider 
those numbers: 1,130 executions and 130 exonerations in the modern 
death penalty era. Had those exonerations not taken place, had those 
130 people been executed, those executions would have represented an 
error rate of nearly eleven 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, 54 death row inmates have 
been exonerated throughout the country.
  In the face of these numbers, the national debate on the death 
penalty has intensified. The country experienced a nationwide 
moratorium on executions from September 2007 to May 2008 while the U.S. 
Supreme Court considered whether the lethal injection method of 
execution complied with the Constitution. From 2004 to 2007 the number 
of executions and the number of death sentences imposed decreased as 
more and more voices 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. 
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. The same poll indicates that 63 percent of 
Americans think that within the past 5 years an innocent person has 
been executed. And a 2008 Gallop shows a 5 percent drop in support for 
the death penalty from October 2007 to October 2008. If anything, the 
consensus is that it is time for a change. We must not ignore these 
voices.
  The United States Supreme Court also has limited the constitutionally 
permissible scope of the death penalty in recent years. In 2008 the 
Court held in Kennedy vs. Louisiana that with respect to ``crimes 
against individuals the death penalty should not be expanded to 
instances where the victim's life was not taken.'' This decision is 
consistent with other recent cases in which the U.S. Supreme Court has 
held that the execution of juvenile offenders and the mentally retarded 
is unconstitutional.
  On the state level, there have been some encouraging developments. 
Most significantly, just last night, Governor Bill Richardson of New 
Mexico signed legislation into law that repeals the death penalty in 
his state. I commend Governor Richardson for his leadership and courage 
in signing this bill. Governor Richardson issued a statement after he 
signed the bill that gets to the heart of this issue. His statement 
read, in part:

       The sad truth is the wrong person can still be convicted in 
     this day and age, and in cases where that conviction carries 
     with it the ultimate sanction, we must have ultimate 
     confidence I would say certitude that the system is without 
     flaw or prejudice. Unfortunately, this is demonstrably not 
     the case . . .

  Last year New Jersey to legislatively repealed its death penalty 
statute after a state commission reported that the death penalty ``is 
inconsistent with evolving standards of decency'' and recommended 
abolition. In New York, the death penalty was overturned by a court 
decision in 2004 and has not been reinstated by the legislature. While 
Kansas and New Hampshire still technically have the death penalty on 
their books, they have not executed anyone since 1976.
  Other States have created commissions that have identified serious 
problems with their capital punishment systems. In Maryland, a 23-
member commission tasked with studying all

[[Page S3559]]

aspects of the State's capital punishment system voted on November 12, 
2008, to recommend abolition of the State's death penalty. The 
Commission cited as reasons the possibility that an innocent person 
could be mistakenly executed, as well as geographical and racial 
disparities in its application. The chair of the commission, a former 
United States Attorney General, stated simply, ``It's haphazard in how 
it's applied, and that's terribly unfair.''
  This past June, the California Commission on the Fair Administration 
of Justice completed its review of the California capital punishment 
system. It found, unanimously and not surprisingly, that the death 
penalty system in California is broken and in need of repair. North 
Carolina and Tennessee are also in the midst of studies of their 
respective death penalty systems.
  Of course the state that started it all was Illinois, where on 
January 31, 2000, then-Governor George Ryan took the historic step of 
placing a moratorium on executions and creating an independent, blue 
ribbon commission to review the State's death penalty system. That 
commission conducted an extensive study of the death penalty in 
Illinois and released a report with 85 recommendations for reform. 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 has not executed anyone since.
  In addition, in 2007, the American Bar Association issued a series of 
reports on the fairness and accuracy of capital punishment systems in 
eight states, and concluded there were serious problems in every state 
it reviewed.
  So while detailed reviews have not been conducted in every state, the 
studies that have been done have revealed major problems. And these 
problems whether they be racial disparities, inconsistent application 
of the death penalty, inadequate indigent defense, or other 
shortcomings cannot be brushed aside as atypical or 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.
  Racial disparities also have been documented again and again. 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 death row inmates nationwide are African Americans or Hispanic 
Americans. Since 1976, cases that had a white defendant and a black 
victim have resulted in 15 executions; in cases involving a black 
defendant and a white victim, there have been 229 executions.
  There is also evidence that seeking capital punishment comes at great 
monetary cost to taxpayers. The Urban Institute in Maryland examined 
162 capital cases that were prosecuted between 1978 and 1999. It found 
that seeking the death penalty in those cases cost $186 million more 
than what those cases would have cost had the death penalty not been 
sought. In California, according to the California Commission on the 
Fair Administration of Justice, ``the additional cost of confining an 
inmate to death row, as compared to the maximum security prisons where 
those sentenced to life without possibility of parole ordinarily serve 
their sentences, is $90,000 per year per inmate. With California's 
current death row population of 670, that accounts for $63.3 million 
annually.'' A report in Washington state indicates that ``at the trial 
level, death penalty cases are estimated to generate roughly $470,000 
in additional costs to the prosecution and defense over the cost of 
trying the same case as an aggravated murder without the death penalty 
and costs of $47,000 to $70,000 for court personnel.'' Similar reports 
detailing the extraordinary financial costs of the death penalty have 
been generated for States across the Nation.
  There are also enormous problems with the right to counsel in death 
penalty cases. I held a hearing in the Constitution Subcommittee of the 
Senate Judiciary Committee last year to examine the State of capital 
defense in this country, and the results were shocking. The witnesses 
provided sobering testimony about over-worked and under-paid court-
appointed lawyers in capital cases, and the lack of investigative and 
other resources available to them. Just to take a couple of specific 
examples, Bryan Stevenson of the Equal Justice Initiative testified 
that in Alabama, 60 percent of people on death row were defended by 
lawyers appointed by courts who, by statute, could not be paid more 
than $1,000 for their out of court time to prepare the case for trial. 
In Texas, hundreds of death row inmates are awaiting execution after 
being represented by lawyers who could not receive more then $500 for 
experts or mitigation evidence. Across the country there are hundreds 
of death row inmates whose lawyers had their compensation capped at 
levels that make effective assistance impossible.
  We also heard more about the American Bar Association State 
Assessment Project, which found that ineffective defense representation 
was a serious problem in each of the eight states that the ABA 
reviewed--and is a major reason why the ABA continues to advocate for a 
moratorium on capital punishment.
  The Federal death penalty, too, has had its share of problems. 
Capital punishment at the Federal level was reinstated in 1988 in a 
Federal law that provided for the death penalty for murder in the 
course of a drug-kingpin conspiracy. It was then expanded significantly 
in 1994, when an omnibus crime bill expanded its use to a total of some 
60 Federal offenses. Despite my best efforts to halt the expansion of 
the Federal death penalty, more and more provisions have been added 
over the years. Three individuals have now been executed under the 
Federal system, and there are 55 inmates on Federal death row.
  In 2007, I held a hearing on oversight of the Federal death penalty 
the first such oversight hearing in the Senate Judiciary Committee in 6 
years. Once again, the results were disturbing. The hearing focused on 
a range of issues, including the lack of information the Justice 
Department maintains about the application and cost of the death 
penalty, the lack of transparency in the DOJ decision-making process, 
concerns about the politicization of the federal death penalty, and the 
continuing problem of racial disparities in the Federal system.
  I was alarmed to learn at the hearing that the Department of Justice 
from 2001 to 2006 kept virtually no statistics about its implementation 
of the Federal death penalty. Prior to the hearing, I requested basic 
statistics for that time period, such as the rate at which the Attorney 
General overruled U.S. Attorney recommendations not to seek the death 
penalty, and the race of defendants and victims in Federal capital 
cases. Before I asked for this information, the Department had not 
tracked it. Further, the DOJ does not track the monetary costs of the 
Federal death penalty in any way at all.
  We are still lacking basic information about racial disparities in 
the application of the Federal death penalty. After putting off for 
years a National Institute of Justice study report ordered by Attorney 
General Reno at the end of the Clinton Administration to examine this 
question, DOJ finally released a RAND study in 2006. But the long 
anticipated report did not address the root question about the 
application of the Federal death penalty; it did not study the 
decision-making process for bringing defendants into the Federal system 
in the first place. Of course, this study only covers 1995-2000. So we 
still have very little information about racial disparities from 2001 
forward.
  I was particularly concerned about information the hearing uncovered 
about the Attorney General overrule rates. In the Federal system, the 
Attorney General makes the final decision whether to seek the death 
penalty in federal cases. Between 2001 and 2006, the Attorney General 
overruled local U.S. Attorney recommendations not to seek the death 
penalty in one out of every three Federal capital cases. This number is 
substantially higher than the 16 percent of recommendations not to seek 
death that were overruled by

[[Page S3560]]

Attorney General Reno from 1995 to 2000. Not only was the Bush 
administration far more willing to overrule local U.S. Attorney 
recommendations, but when it did so, the Government was less likely to 
actually obtain a death sentence in the case. The Government secured a 
death sentence in 33 percent of cases where the Attorney General 
approved a U.S. Attorney recommendation to seek death, but in only 20 
percent of cases where the Attorney General overruled the U.S. Attorney 
recommendation not to seek death.
  And at least one U.S. Attorney who objected when his recommendation 
not to seek death was overruled by Main Justice learned the hard way 
that dissent was not acceptable. Former U.S. Attorney Paul Charlton, 
who testified at the hearing I chaired, was fired at least in part 
because he had the audacity to ask to speak with the Attorney General 
directly after the Attorney General ordered him to pursue the death 
penalty in a case where he had recommended against seeking the death 
penalty.
  There is every reason to be optimistic that the new administration 
will take the significant problems in our federal death penalty system 
much more seriously. But while we examine the flaws in our death 
penalty system at both the State and Federal level, we cannot help but 
note that any use of the death penalty in the United States 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 2007, only China, Iran, Saudi Arabia and Pakistan executed 
more people than we did in the United States. 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 to 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. 
Moreover, the United Nations General Assembly adopted a resolution on 
December 18, 2007, calling for a worldwide moratorium on the death 
penalty.
  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. 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 is raising 
serious questions about the death penalty, and these are not just 
voices of liberals, or of the faith community. They are the voices of 
former FBI Director William Sessions, former Supreme Court Justice 
Sandra Day O'Connor, Reverend Pat Robertson, commentator George Will, 
former Mississippi warden Donald Cabana, and former Baltimore City 
police officer Michael May. And notably, the editorial boards of the 
Chicago Tribune and the Dallas Morning News each finally came out in 
opposition to the death penalty in 2007. The voices of those 
questioning our application of the death penalty are growing in number, 
and they are growing louder.
  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 
ineffective. The adage ``two wrongs do not make a right'' applies here 
in the most fundamental way. It is time to abolish the death penalty as 
we seek to spread peace and justice both here and overseas. And 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 take this step. 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 by enacting this legislation to 
do away with the Federal death penalty. 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.
  Mr. President, 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. 650

       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 2009''.

     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''.

[[Page S3561]]

       (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)--
       (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) In general.--Section 856 of title 10 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) 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) 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

[[Page S3562]]

     ``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)(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.''.
       (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(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

[[Page S3563]]

     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''.
       (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.
                                 ______