*  "(B) AGGRAVATING FACTORS FOR ESPIONAGE AND TREASON.-IN DETERMINING    * 
*WHETHER A SENTENCE OF DEATH IS JUSTIFIED FOR AN OFFENSE DESCRIBED IN    * 
*SECTION 3591(1), THE JURY, OR IF THERE IS NO JURY, THE COURT, SHALL     * 
*CONSIDER EACH OF THE FOLLOWING AGGRAVATING FACTORS FOR WHICH NOTICE HAS * 
*BEEN GIVEN AND DETERMINE WHICH, IF ANY, EXIST:                          * 
*      "(1) PRIOR ESPIONAGE OR TREASON OFFENSE.-THE DEFENDANT HAS        * 
*    PREVIOUSLY BEEN CONVICTED OF ANOTHER OFFENSE INVOLVING ESPIONAGE OR * 
*    TREASON FOR WHICH A SENTENCE OF EITHER LIFE IMPRISONMENT OR DEATH   * 
*    WAS AUTHORIZED BY LAW.                                              * 
*      "(2) GRAVE RISK TO NATIONAL SECURITY.-IN THE COMMISSION OF THE    * 
*    OFFENSE THE DEFENDANT KNOWINGLY CREATED A GRAVE RISK OF SUBSTANTIAL * 
*    DANGER TO THE NATIONAL SECURITY.                                    * 
*      "(3) GRAVE RISK OF DEATH.-IN THE COMMISSION OF THE OFFENSE THE    * 
*    DEFENDANT KNOWINGLY CREATED A GRAVE RISK OF DEATH TO ANOTHER PERSON.* 
*THE JURY, OR IF THERE IS NO JURY, THE COURT, MAY CONSIDER WHETHER ANY   * 
*OTHER AGGRAVATING FACTOR FOR WHICH NOTICE HAS BEEN GIVEN EXISTS.        * 
*  "(C) AGGRAVATING FACTORS FOR HOMICIDE AND FOR ATTEMPTED MURDER OF THE * 
*PRESIDENT.-IN DETERMINING WHETHER A SENTENCE OF DEATH IS JUSTIFIED FOR  * 
*AN OFFENSE DESCRIBED IN SECTION 3591 (2) OR (3), THE JURY, OR IF THERE  * 
*IS NO JURY, THE COURT, SHALL CONSIDER EACH OF THE FOLLOWING AGGRAVATING * 
*FACTORS FOR WHICH NOTICE HAS BEEN GIVEN AND DETERMINE WHICH, IF ANY,    * 
*EXIST:                                                                  * 
*      "(1) DEATH DURING COMMISSION OF ANOTHER CRIME.-THE DEATH, OR      * 
*    INJURY RESULTING IN DEATH, OCCURRED DURING THE COMMISSION OR        * 
*    ATTEMPTED COMMISSION OF, OR DURING THE IMMEDIATE FLIGHT FROM THE    * 
*    COMMISSION OF, AN OFFENSE UNDER SECTION 32 (DESTRUCTION OF AIRCRAFT * 
*    OR AIRCRAFT FACILITIES), SECTION 33 (DESTRUCTION OF MOTOR VEHICLES  * 
*    OR MOTOR VEHICLE FACILITIES), SECTION 36 (VIOLENCE AT INTERNATIONAL * 
*    AIRPORTS), SECTION 351 (VIOLENCE AGAINST MEMBERS OF CONGRESS,       * 
*    CABINET OFFICERS, OR SUPREME COURT JUSTICES), AN OFFENSE UNDER      * 
*    SECTION 751 (PRISONERS IN CUSTODY OF INSTITUTION OR OFFICER),       * 
*    SECTION 794 (GATHERING OR DELIVERING DEFENSE INFORMATION TO AID     * 
*    FOREIGN GOVERNMENT), SECTION 844(D) (TRANSPORTATION OF EXPLOSIVES IN* 
*    INTERSTATE COMMERCE FOR CERTAIN PURPOSES), SECTION 844(F)           * 
*    (DESTRUCTION OF GOVERNMENT PROPERTY BY EXPLOSIVES), SECTION 1118    * 
*    (PRISONERS SERVING LIFE TERM), SECTION 1201 (KIDNAPING), SECTION    * 
*    844(I) (DESTRUCTION OF PROPERTY AFFECTING INTERSTATE COMMERCE BY    * 
*    EXPLOSIVES), SECTION 1116 (KILLING OR ATTEMPTED KILLING OF          * 
*    DIPLOMATS), SECTION 1203 (HOSTAGE TAKING), SECTION 1992 (WRECKING   * 
*    TRAINS), SECTION 2280 (MARITIME VIOLENCE), SECTION 2281 (MARITIME   * 
*    PLATFORM VIOLENCE), SECTION 2332 (TERRORIST ACTS ABROAD AGAINST     * 
*    UNITED STATES NATIONALS), SECTION 2339 (USE OF WEAPONS OF MASS      * 
*    DESTRUCTION), OR SECTION 2381 (TREASON) OF THIS TITLE, OR SECTION   * 
*    902 (I) OR (N) OF THE FEDERAL AVIATION ACT OF 1958 (49 U.S.C. 1472  * 
*    (I) OR (N)) (AIRCRAFT PIRACY).                                      * 
*      "(2) INVOLVEMENT OF FIREARM OR PREVIOUS CONVICTION OF VIOLENT     * 
*    FELONY INVOLVING FIREARM.-FOR ANY OFFENSE, OTHER THAN AN OFFENSE FOR* 
*    WHICH A SENTENCE OF DEATH IS SOUGHT ON THE BASIS OF SECTION 924(C), * 
*    THE DEFENDANT-                                                      * 
*          "(A) DURING AND IN RELATION TO THE COMMISSION OF THE OFFENSE  * 
*        OR IN ESCAPING OR ATTEMPTING TO ESCAPE APPREHENSION USED OR     * 
*        POSSESSED A FIREARM (AS DEFINED IN SECTION 921); OR             *
*          "(B) HAS PREVIOUSLY BEEN CONVICTED OF A FEDERAL OR STATE      * 
*        OFFENSE PUNISHABLE BY A TERM OF IMPRISONMENT OF MORE THAN 1     * 
*        YEAR, INVOLVING THE USE OR ATTEMPTED OR THREATENED USE OF A     * 
*        FIREARM (AS DEFINED IN SECTION 921) AGAINST ANOTHER PERSON.     * 
*      "(3) PREVIOUS CONVICTION OF OFFENSE FOR WHICH A SENTENCE OF DEATH * 
*    OR LIFE IMPRISONMENT WAS AUTHORIZED.-THE DEFENDANT HAS PREVIOUSLY   * 
*    BEEN CONVICTED OF ANOTHER FEDERAL OR STATE OFFENSE RESULTING IN THE * 
*    DEATH OF A PERSON, FOR WHICH A SENTENCE OF LIFE IMPRISONMENT OR A   * 
*    SENTENCE OF DEATH WAS AUTHORIZED BY STATUTE.                        * 
*      "(4) PREVIOUS CONVICTION OF OTHER SERIOUS OFFENSES.-THE DEFENDANT * 
*    HAS PREVIOUSLY BEEN CONVICTED OF 2 OR MORE FEDERAL OR STATE         * 
*    OFFENSES, PUNISHABLE BY A TERM OF IMPRISONMENT OF MORE THAN 1 YEAR, * 
*    COMMITTED ON DIFFERENT OCCASIONS, INVOLVING THE INFLICTION OF, OR   * 
*    ATTEMPTED INFLICTION OF, SERIOUS BODILY INJURY OR DEATH UPON ANOTHER* 
*    PERSON.                                                             * 
*      "(5) GRAVE RISK OF DEATH TO ADDITIONAL PERSONS.-THE DEFENDANT, IN * 
*    THE COMMISSION OF THE OFFENSE, OR IN ESCAPING APPREHENSION FOR THE  * 
*    VIOLATION OF THE OFFENSE, KNOWINGLY CREATED A GRAVE RISK OF DEATH TO* 
*    1 OR MORE PERSONS IN ADDITION TO THE VICTIM OF THE OFFENSE.         * 
*      "(6) HEINOUS, CRUEL, OR DEPRAVED MANNER OF COMMITTING OFFENSE.-THE* 
*    DEFENDANT COMMITTED THE OFFENSE IN AN ESPECIALLY HEINOUS, CRUEL, OR * 
*    DEPRAVED MANNER IN THAT IT INVOLVED TORTURE OR SERIOUS PHYSICAL     * 
*    ABUSE TO THE VICTIM.                                                * 
*      "(7) PROCUREMENT OF OFFENSE BY PAYMENT.-THE DEFENDANT PROCURED THE* 
*    COMMISSION OF THE OFFENSE BY PAYMENT, OR PROMISE OF PAYMENT, OF     * 
*    ANYTHING OF PECUNIARY VALUE.                                        * 
*      "(8) PECUNIARY GAIN.-THE DEFENDANT COMMITTED THE OFFENSE AS       * 
*    CONSIDERATION FOR THE RECEIPT, OR IN THE EXPECTATION OF THE RECEIPT,* 
*    OF ANYTHING OF PECUNIARY VALUE.                                     * 
*      "(9) SUBSTANTIAL PLANNING AND PREMEDITATION.-THE DEFENDANT        * 
*    COMMITTED THE OFFENSE AFTER SUBSTANTIAL PLANNING AND PREMEDITATION  * 
*    TO CAUSE THE DEATH OF A PERSON OR COMMIT AN ACT OF TERRORISM.       * 
*      "(10) CONVICTION FOR TWO FELONY DRUG OFFENSES.-THE DEFENDANT HAS  * 
*    PREVIOUSLY BEEN CONVICTED OF 2 OR MORE STATE OR FEDERAL OFFENSES    * 
*    PUNISHABLE BY A TERM OF IMPRISONMENT OF MORE THAN ONE YEAR,         * 
*    COMMITTED ON DIFFERENT OCCASIONS, INVOLVING THE DISTRIBUTION OF A   * 
*    CONTROLLED SUBSTANCE.                                               * 
*      "(11) VULNERABILITY OF VICTIM.-THE VICTIM WAS PARTICULARLY        * 
*    VULNERABLE DUE TO OLD AGE, YOUTH, OR INFIRMITY.                     * 
*      "(12) CONVICTION FOR SERIOUS FEDERAL DRUG OFFENSES.-THE DEFENDANT * 
*    HAD PREVIOUSLY BEEN CONVICTED OF VIOLATING TITLE II OR III OF THE   * 
*    CONTROLLED SUBSTANCES ACT FOR WHICH A SENTENCE OF 5 OR MORE YEARS   * 
*    MAY BE IMPOSED OR HAD PREVIOUSLY BEEN CONVICTED OF ENGAGING IN A    * 
*    CONTINUING CRIMINAL ENTERPRISE.                                     * 
*      "(13) CONTINUING CRIMINAL ENTERPRISE INVOLVING DRUG SALES TO      * 
*    MINORS.-THE DEFENDANT COMMITTED THE OFFENSE IN THE COURSE OF        * 
*    ENGAGING IN A CONTINUING CRIMINAL ENTERPRISE IN VIOLATION OF SECTION* 
*    408(C) OF THE CONTROLLED SUBSTANCES ACT (21 U.S.C. 848(C)), AND THAT* 
*    VIOLATION INVOLVED THE DISTRIBUTION OF DRUGS TO PERSONS UNDER THE   * 
*    AGE OF 21 IN VIOLATION OF SECTION 418 OF THAT ACT (21 U.S.C. 859).  * 
*      "(14) HIGH PUBLIC OFFICIALS.-THE DEFENDANT COMMITTED THE OFFENSE  * 
*    AGAINST-                                                            * 
*          "(A) THE PRESIDENT OF THE UNITED STATES, THE PRESIDENT-ELECT, * 
*        THE VICE PRESIDENT, THE VICE-PRESIDENT-ELECT, THE               * 
*        VICE-PRESIDENT-DESIGNATE, OR, IF THERE IS NO VICE PRESIDENT, THE*
*        OFFICER NEXT IN ORDER OF SUCCESSION TO THE OFFICE OF THE        * 
*        PRESIDENT OF THE UNITED STATES, OR ANY PERSON WHO IS ACTING AS  * 
*        PRESIDENT UNDER THE CONSTITUTION AND LAWS OF THE UNITED STATES; * 
*          "(B) A CHIEF OF STATE, HEAD OF GOVERNMENT, OR THE POLITICAL   * 
*        EQUIVALENT, OF A FOREIGN NATION;                                * 
*          "(C) A FOREIGN OFFICIAL LISTED IN SECTION 1116(B)(3)(A), IF   * 
*        THE OFFICIAL IS IN THE UNITED STATES ON OFFICIAL BUSINESS; OR   * 
*          "(D) A FEDERAL PUBLIC SERVANT WHO IS A JUDGE, A LAW           * 
*        ENFORCEMENT OFFICER, OR AN EMPLOYEE OF A UNITED STATES PENAL OR * 
*        CORRECTIONAL INSTITUTION-                                       * 
*              "(I) WHILE HE OR SHE IS ENGAGED IN THE PERFORMANCE OF HIS * 
*            OR HER OFFICIAL DUTIES;                                     * 
*              "(II) BECAUSE OF THE PERFORMANCE OF HIS OR HER OFFICIAL   * 
*            DUTIES; OR                                                  * 
*              "(III) BECAUSE OF HIS OR HER STATUS AS A PUBLIC SERVANT.  * 
*        FOR PURPOSES OF THIS SUBPARAGRAPH, A 'LAW ENFORCEMENT OFFICER'  * 
*        IS A PUBLIC SERVANT AUTHORIZED BY LAW OR BY A GOVERNMENT AGENCY * 
*        OR CONGRESS TO CONDUCT OR ENGAGE IN THE PREVENTION,             * 
*        INVESTIGATION, OR PROSECUTION OR ADJUDICATION OF AN OFFENSE, AND* 
*        INCLUDES THOSE ENGAGED IN CORRECTIONS, PAROLE, OR PROBATION     * 
*        FUNCTIONS.                                                      * 
*THE JURY, OR IF THERE IS NO JURY, THE COURT, MAY CONSIDER WHETHER ANY   * 
*OTHER AGGRAVATING FACTOR FOR WHICH NOTICE HAS BEEN GIVEN EXISTS.        * 
*"3593. Special hearing to determine whether a sentence of death is      * 
*justified                                                               * 
*  "(a) NOTICE BY THE GOVERNMENT.-IF, IN A CASE INVOLVING AN OFFENSE     * 
*DESCRIBED IN SECTION 3591, THE ATTORNEY FOR THE GOVERNMENT BELIEVES THAT* 
*THE CIRCUMSTANCES OF THE OFFENSE ARE SUCH THAT A SENTENCE OF DEATH IS   * 
*JUSTIFIED UNDER THIS CHAPTER, THE ATTORNEY SHALL, A REASONABLE TIME     * 
*BEFORE THE TRIAL OR BEFORE ACCEPTANCE BY THE COURT OF A PLEA OF GUILTY, * 
*SIGN AND FILE WITH THE COURT, AND SERVE ON THE DEFENDANT, A NOTICE-     * 
*      "(1) STATING THAT THE GOVERNMENT BELIEVES THAT THE CIRCUMSTANCES  * 
*    OF THE OFFENSE ARE SUCH THAT, IF THE DEFENDANT IS CONVICTED, A      * 
*    SENTENCE OF DEATH IS JUSTIFIED UNDER THIS CHAPTER AND THAT THE      * 
*    GOVERNMENT WILL SEEK THE SENTENCE OF DEATH; AND                     * 
*      "(2) SETTING FORTH THE AGGRAVATING FACTOR OR FACTORS THAT THE     * 
*    GOVERNMENT, IF THE DEFENDANT IS CONVICTED, PROPOSES TO PROVE AS     * 
*    JUSTIFYING A SENTENCE OF DEATH.                                     * 
*THE FACTORS FOR WHICH NOTICE IS PROVIDED UNDER THIS SUBSECTION MAY      * 
*INCLUDE FACTORS CONCERNING THE EFFECT OF THE OFFENSE ON THE VICTIM AND  * 
*THE VICTIM'S FAMILY, AND MAY INCLUDE ORAL TESTIMONY, A VICTIM IMPACT    * 
*STATEMENT THAT IDENTIFIES THE VICTIM OF THE OFFENSE AND THE EXTENT AND  * 
*SCOPE OF THE INJURY AND LOSS SUFFERED BY THE VICTIM AND THE VICTIM'S    * 
*FAMILY, AND ANY OTHER RELEVANT INFORMATION. THE COURT MAY PERMIT THE    * 
*ATTORNEY FOR THE GOVERNMENT TO AMEND THE NOTICE UPON A SHOWING OF GOOD  * 
*CAUSE.                                                                  * 
*  "(B) HEARING BEFORE A COURT OR JURY.-IF THE ATTORNEY FOR THE          * 
*GOVERNMENT HAS FILED A NOTICE AS REQUIRED UNDER SUBSECTION (A) AND THE  * 
*DEFENDANT IS FOUND GUILTY OF OR PLEADS GUILTY TO AN OFFENSE DESCRIBED IN* 
*SECTION 3591, THE JUDGE WHO PRESIDED AT THE TRIAL OR BEFORE WHOM THE    * 
*GUILTY PLEA WAS ENTERED, OR ANOTHER JUDGE IF THAT JUDGE IS UNAVAILABLE, * 
*SHALL CONDUCT A SEPARATE SENTENCING HEARING TO DETERMINE THE PUNISHMENT * 
*TO BE IMPOSED. THE HEARING SHALL BE CONDUCTED-                          * 
*      "(1) BEFORE THE JURY THAT DETERMINED THE DEFENDANT'S GUILT;       * 
*      "(2) BEFORE A JURY IMPANELED FOR THE PURPOSE OF THE HEARING IF-   *
*          "(A) THE DEFENDANT WAS CONVICTED UPON A PLEA OF GUILTY;       * 
*          "(B) THE DEFENDANT WAS CONVICTED AFTER A TRIAL BEFORE THE     * 
*        COURT SITTING WITHOUT A JURY;                                   * 
*          "(C) THE JURY THAT DETERMINED THE DEFENDANT'S GUILT WAS       * 
*        DISCHARGED FOR GOOD CAUSE; OR                                   * 
*          "(D) AFTER INITIAL IMPOSITION OF A SENTENCE UNDER THIS        * 
*        SECTION, RECONSIDERATION OF THE SENTENCE UNDER THIS SECTION IS  * 
*        NECESSARY; OR                                                   * 
*      "(3) BEFORE THE COURT ALONE, UPON THE MOTION OF THE DEFENDANT AND * 
*    WITH THE APPROVAL OF THE ATTORNEY FOR THE GOVERNMENT.               * 
*A JURY IMPANELED PURSUANT TO PARAGRAPH (2) SHALL CONSIST OF 12 MEMBERS, * 
*UNLESS, AT ANY TIME BEFORE THE CONCLUSION OF THE HEARING, THE PARTIES   * 
*STIPULATE, WITH THE APPROVAL OF THE COURT, THAT IT SHALL CONSIST OF A   * 
*LESSER NUMBER.                                                          * 
*  "(C) PROOF OF MITIGATING AND AGGRAVATING FACTORS.-NOTWITHSTANDING RULE* 
*32(C) OF THE FEDERAL RULES OF CRIMINAL PROCEDURE, WHEN A DEFENDANT IS   * 
*FOUND GUILTY OR PLEADS GUILTY TO AN OFFENSE UNDER SECTION 3591, NO      * 
*PRESENTENCE REPORT SHALL BE PREPARED. AT THE SENTENCING HEARING,        * 
*INFORMATION MAY BE PRESENTED AS TO ANY MATTER RELEVANT TO THE SENTENCE, * 
*INCLUDING ANY MITIGATING OR AGGRAVATING FACTOR PERMITTED OR REQUIRED TO * 
*BE CONSIDERED UNDER SECTION 3592. INFORMATION PRESENTED MAY INCLUDE THE * 
*TRIAL TRANSCRIPT AND EXHIBITS. THE DEFENDANT MAY PRESENT ANY INFORMATION* 
*RELEVANT TO A MITIGATING FACTOR. THE GOVERNMENT MAY PRESENT ANY         * 
*INFORMATION RELEVANT TO AN AGGRAVATING FACTOR FOR WHICH NOTICE HAS BEEN * 
*PROVIDED UNDER SUBSECTION (A). INFORMATION IS ADMISSIBLE REGARDLESS OF  * 
*ITS ADMISSIBILITY UNDER THE RULES GOVERNING ADMISSION OF EVIDENCE AT    * 
*CRIMINAL TRIALS EXCEPT THAT INFORMATION MAY BE EXCLUDED IF ITS PROBATIVE* 
*VALUE IS OUTWEIGHED BY THE DANGER OF CREATING UNFAIR PREJUDICE,         * 
*CONFUSING THE ISSUES, OR MISLEADING THE JURY. THE GOVERNMENT AND THE    * 
*DEFENDANT SHALL BE PERMITTED TO REBUT ANY INFORMATION RECEIVED AT THE   * 
*HEARING, AND SHALL BE GIVEN FAIR OPPORTUNITY TO PRESENT ARGUMENT AS TO  * 
*THE ADEQUACY OF THE INFORMATION TO ESTABLISH THE EXISTENCE OF ANY       * 
*AGGRAVATING OR MITIGATING FACTOR, AND AS TO THE APPROPRIATENESS IN THE  * 
*CASE OF IMPOSING A SENTENCE OF DEATH. THE GOVERNMENT SHALL OPEN THE     * 
*ARGUMENT. THE DEFENDANT SHALL BE PERMITTED TO REPLY. THE GOVERNMENT     * 
*SHALL THEN BE PERMITTED TO REPLY IN REBUTTAL. THE BURDEN OF ESTABLISHING* 
*THE EXISTENCE OF ANY AGGRAVATING FACTOR IS ON THE GOVERNMENT, AND IS NOT* 
*SATISFIED UNLESS THE EXISTENCE OF SUCH A FACTOR IS ESTABLISHED BEYOND A * 
*REASONABLE DOUBT. THE BURDEN OF ESTABLISHING THE EXISTENCE OF ANY       * 
*MITIGATING FACTOR IS ON THE DEFENDANT, AND IS NOT SATISFIED UNLESS THE  * 
*EXISTENCE OF SUCH A FACTOR IS ESTABLISHED BY A PREPONDERANCE OF THE     * 
*INFORMATION.                                                            * 
*  "(D) RETURN OF SPECIAL FINDINGS.-THE JURY, OR IF THERE IS NO JURY, THE* 
*COURT, SHALL CONSIDER ALL THE INFORMATION RECEIVED DURING THE HEARING.  * 
*IT SHALL RETURN SPECIAL FINDINGS IDENTIFYING ANY AGGRAVATING FACTOR OR  * 
*FACTORS SET FORTH IN SECTION 3592 FOUND TO EXIST AND ANY OTHER          * 
*AGGRAVATING FACTOR FOR WHICH NOTICE HAS BEEN PROVIDED UNDER SUBSECTION  * 
*(A) FOUND TO EXIST. A FINDING WITH RESPECT TO A MITIGATING FACTOR MAY BE* 
*MADE BY 1 OR MORE MEMBERS OF THE JURY, AND ANY MEMBER OF THE JURY WHO   * 
*FINDS THE EXISTENCE OF A MITIGATING FACTOR MAY CONSIDER SUCH FACTOR     * 
*ESTABLISHED FOR PURPOSES OF THIS SECTION REGARDLESS OF THE NUMBER OF    * 
*JURORS WHO CONCUR THAT THE FACTOR HAS BEEN ESTABLISHED. A FINDING WITH  * 
*RESPECT TO ANY AGGRAVATING FACTOR MUST BE UNANIMOUS. IF NO AGGRAVATING  * 
*FACTOR SET FORTH IN SECTION 3592 IS FOUND TO EXIST, THE COURT SHALL     * 
*IMPOSE A SENTENCE OTHER THAN DEATH AUTHORIZED BY LAW.                   *
*  "(E) RETURN OF A FINDING CONCERNING A SENTENCE OF DEATH.-IF, IN THE   * 
*CASE OF-                                                                * 
*      "(1) AN OFFENSE DESCRIBED IN SECTION 3591(1), AN AGGRAVATING      * 
*    FACTOR REQUIRED TO BE CONSIDERED UNDER SECTION 3592(B) IS FOUND TO  * 
*    EXIST; OR                                                           * 
*      "(2) AN OFFENSE DESCRIBED IN SECTION 3591 (2) OR (3), AN          * 
*    AGGRAVATING FACTOR REQUIRED TO BE CONSIDERED UNDER SECTION 3592(C)  * 
*    IS FOUND TO EXIST,                                                  * 
*THE JURY, OR IF THERE IS NO JURY, THE COURT, SHALL CONSIDER WHETHER ALL * 
*THE AGGRAVATING FACTOR OR FACTORS FOUND TO EXIST SUFFICIENTLY OUTWEIGH  * 
*ALL THE MITIGATING FACTOR OR FACTORS FOUND TO EXIST TO JUSTIFY A        * 
*SENTENCE OF DEATH, OR, IN THE ABSENCE OF A MITIGATING FACTOR, WHETHER   * 
*THE AGGRAVATING FACTOR OR FACTORS ALONE ARE SUFFICIENT TO JUSTIFY A     * 
*SENTENCE OF DEATH. BASED UPON THIS CONSIDERATION, THE JURY BY UNANIMOUS * 
*VOTE, OR IF THERE IS NO JURY, THE COURT, SHALL RECOMMEND WHETHER THE    * 
*DEFENDANT SHOULD BE SENTENCED TO DEATH, TO LIFE IMPRISONMENT WITHOUT    * 
*POSSIBILITY OF RELEASE OR SOME OTHER LESSER SENTENCE.                   * 
*  "(F) SPECIAL PRECAUTION TO ENSURE AGAINST DISCRIMINATION.-IN A HEARING* 
*HELD BEFORE A JURY, THE COURT, PRIOR TO THE RETURN OF A FINDING UNDER   * 
*SUBSECTION (E), SHALL INSTRUCT THE JURY THAT, IN CONSIDERING WHETHER A  * 
*SENTENCE OF DEATH IS JUSTIFIED, IT SHALL NOT CONSIDER THE RACE, COLOR,  * 
*RELIGIOUS BELIEFS, NATIONAL ORIGIN, OR SEX OF THE DEFENDANT OR OF ANY   * 
*VICTIM AND THAT THE JURY IS NOT TO RECOMMEND A SENTENCE OF DEATH UNLESS * 
*IT HAS CONCLUDED THAT IT WOULD RECOMMEND A SENTENCE OF DEATH FOR THE    * 
*CRIME IN QUESTION NO MATTER WHAT THE RACE, COLOR, RELIGIOUS BELIEFS,    * 
*NATIONAL ORIGIN, OR SEX OF THE DEFENDANT OR OF ANY VICTIM MAY BE. THE   * 
*JURY, UPON RETURN OF A FINDING UNDER SUBSECTION (E), SHALL ALSO RETURN  * 
*TO THE COURT A CERTIFICATE, SIGNED BY EACH JUROR, THAT CONSIDERATION OF * 
*THE RACE, COLOR, RELIGIOUS BELIEFS, NATIONAL ORIGIN, OR SEX OF THE      * 
*DEFENDANT OR ANY VICTIM WAS NOT INVOLVED IN REACHING HIS OR HER         * 
*INDIVIDUAL DECISION AND THAT THE INDIVIDUAL JUROR WOULD HAVE MADE THE   * 
*SAME RECOMMENDATION REGARDING A SENTENCE FOR THE CRIME IN QUESTION NO   * 
*MATTER WHAT THE RACE, COLOR, RELIGIOUS BELIEFS, NATIONAL ORIGIN, OR SEX * 
*OF THE DEFENDANT OR ANY VICTIM MAY BE.                                  * 
*"3594. Imposition of a sentence of death                                * 
*  "Upon a recommendation under section 3593(e) that the defendant should* 
*be sentenced to death or life imprisonment without possibility of       * 
*release, the court shall sentence the defendant accordingly. Otherwise, * 
*the court shall impose any lesser sentence that is authorized by law.   * 
*Notwithstanding any other law, if the maximum term of imprisonment for  * 
*the offense is life imprisonment, the court may impose a sentence of    * 
*life imprisonment without possibility of release.                       * 
*"3595. Review of a sentence of death                                    * 
*  "(a) APPEAL.-IN A CASE IN WHICH A SENTENCE OF DEATH IS IMPOSED, THE   * 
*SENTENCE SHALL BE SUBJECT TO REVIEW BY THE COURT OF APPEALS UPON APPEAL * 
*BY THE DEFENDANT. NOTICE OF APPEAL MUST BE FILED WITHIN THE TIME        * 
*SPECIFIED FOR THE FILING OF A NOTICE OF APPEAL. AN APPEAL UNDER THIS    * 
*SECTION MAY BE CONSOLIDATED WITH AN APPEAL OF THE JUDGMENT OF CONVICTION* 
*AND SHALL HAVE PRIORITY OVER ALL OTHER CASES.                           * 
*  "(B) REVIEW.-THE COURT OF APPEALS SHALL REVIEW THE ENTIRE RECORD IN   * 
*THE CASE, INCLUDING-                                                    * 
*      "(1) THE EVIDENCE SUBMITTED DURING THE TRIAL;                     * 
*      "(2) THE INFORMATION SUBMITTED DURING THE SENTENCING HEARING;     * 
*      "(3) THE PROCEDURES EMPLOYED IN THE SENTENCING HEARING; AND       * 
*      "(4) THE SPECIAL FINDINGS RETURNED UNDER SECTION 3593(D).         *
*  "(C) DECISION AND DISPOSITION.-                                       * 
*      "(1) THE COURT OF APPEALS SHALL ADDRESS ALL SUBSTANTIVE AND       * 
*    PROCEDURAL ISSUES RAISED ON THE APPEAL OF A SENTENCE OF DEATH, AND  * 
*    SHALL CONSIDER WHETHER THE SENTENCE OF DEATH WAS IMPOSED UNDER THE  * 
*    INFLUENCE OF PASSION, PREJUDICE, OR ANY OTHER ARBITRARY FACTOR AND  * 
*    WHETHER THE EVIDENCE SUPPORTS THE SPECIAL FINDING OF THE EXISTENCE  * 
*    OF AN AGGRAVATING FACTOR REQUIRED TO BE CONSIDERED UNDER SECTION    * 
*    3592.                                                               * 
*      "(2) WHENEVER THE COURT OF APPEALS FINDS THAT-                    * 
*          "(A) THE SENTENCE OF DEATH WAS IMPOSED UNDER THE INFLUENCE OF * 
*        PASSION, PREJUDICE, OR ANY OTHER ARBITRARY FACTOR;              * 
*          "(B) THE ADMISSIBLE EVIDENCE AND INFORMATION ADDUCED DOES NOT * 
*        SUPPORT THE SPECIAL FINDING OF THE EXISTENCE OF THE REQUIRED    * 
*        AGGRAVATING FACTOR; OR                                          * 
*          "(C) THE PROCEEDINGS INVOLVED ANY OTHER LEGAL ERROR REQUIRING * 
*        REVERSAL OF THE SENTENCE THAT WAS PROPERLY PRESERVED FOR APPEAL * 
*        UNDER THE RULES OF CRIMINAL PROCEDURE,                          * 
*    THE COURT SHALL REMAND THE CASE FOR RECONSIDERATION UNDER SECTION   * 
*    3593 OR IMPOSITION OF A SENTENCE OTHER THAN DEATH. THE COURT OF     * 
*    APPEALS SHALL NOT REVERSE OR VACATE A SENTENCE OF DEATH ON ACCOUNT  * 
*    OF ANY ERROR WHICH CAN BE HARMLESS, INCLUDING ANY ERRONEOUS SPECIAL * 
*    FINDING OF AN AGGRAVATING FACTOR, WHERE THE GOVERNMENT ESTABLISHES  * 
*    BEYOND A REASONABLE DOUBT THAT THE ERROR WAS HARMLESS.              * 
*      "(3) THE COURT OF APPEALS SHALL STATE IN WRITING THE REASONS FOR  * 
*    ITS DISPOSITION OF AN APPEAL OF A SENTENCE OF DEATH UNDER THIS      * 
*    SECTION.                                                            * 
*"3596. Implementation of a sentence of death                            * 
*  "(a) IN GENERAL.-A PERSON WHO HAS BEEN SENTENCED TO DEATH PURSUANT TO * 
*THIS CHAPTER SHALL BE COMMITTED TO THE CUSTODY OF THE ATTORNEY GENERAL  * 
*UNTIL EXHAUSTION OF THE PROCEDURES FOR APPEAL OF THE JUDGMENT OF        * 
*CONVICTION AND FOR REVIEW OF THE SENTENCE. WHEN THE SENTENCE IS TO BE   * 
*IMPLEMENTED, THE ATTORNEY GENERAL SHALL RELEASE THE PERSON SENTENCED TO * 
*DEATH TO THE CUSTODY OF A UNITED STATES MARSHAL, WHO SHALL SUPERVISE    * 
*IMPLEMENTATION OF THE SENTENCE IN THE MANNER PRESCRIBED BY THE LAW OF   * 
*THE STATE IN WHICH THE SENTENCE IS IMPOSED. IF THE LAW OF THE STATE DOES* 
*NOT PROVIDE FOR IMPLEMENTATION OF A SENTENCE OF DEATH, THE COURT SHALL  * 
*DESIGNATE ANOTHER STATE, THE LAW OF WHICH DOES PROVIDE FOR THE          * 
*IMPLEMENTATION OF A SENTENCE OF DEATH, AND THE SENTENCE SHALL BE        * 
*IMPLEMENTED IN THE LATTER STATE IN THE MANNER PRESCRIBED BY SUCH LAW.   * 
*  "(B) PREGNANT WOMAN.-A SENTENCE OF DEATH SHALL NOT BE CARRIED OUT UPON* 
*A WOMAN WHILE SHE IS PREGNANT.                                          * 
*  "(C) MENTAL CAPACITY.-A SENTENCE OF DEATH SHALL NOT BE CARRIED OUT    * 
*UPON A PERSON WHO IS MENTALLY RETARDED. A SENTENCE OF DEATH SHALL NOT BE* 
*CARRIED OUT UPON A PERSON WHO, AS A RESULT OF MENTAL DISABILITY, LACKS  * 
*THE MENTAL CAPACITY TO UNDERSTAND THE DEATH PENALTY AND WHY IT WAS      * 
*IMPOSED ON THAT PERSON.                                                 * 
*"3597. Use of State facilities                                          * 
*  "(a) IN GENERAL.-A UNITED STATES MARSHAL CHARGED WITH SUPERVISING THE * 
*IMPLEMENTATION OF A SENTENCE OF DEATH MAY USE APPROPRIATE STATE OR LOCAL* 
*FACILITIES FOR THE PURPOSE, MAY USE THE SERVICES OF AN APPROPRIATE STATE* 
*OR LOCAL OFFICIAL OR OF A PERSON SUCH AN OFFICIAL EMPLOYS FOR THE       * 
*PURPOSE, AND SHALL PAY THE COSTS THEREOF IN AN AMOUNT APPROVED BY THE   * 
*ATTORNEY GENERAL.                                                       * 
*  "(B) EXCUSE OF AN EMPLOYEE ON MORAL OR RELIGIOUS GROUNDS.-NO EMPLOYEE * 
*OF ANY STATE DEPARTMENT OF CORRECTIONS, THE UNITED STATES DEPARTMENT OF *
*JUSTICE, THE FEDERAL BUREAU OF PRISONS, OR THE UNITED STATES MARSHALS   * 
*SERVICE, AND NO EMPLOYEE PROVIDING SERVICES TO THAT DEPARTMENT, BUREAU, * 
*OR SERVICE UNDER CONTRACT SHALL BE REQUIRED, AS A CONDITION OF THAT     * 
*EMPLOYMENT OR CONTRACTUAL OBLIGATION, TO BE IN ATTENDANCE AT OR TO      * 
*PARTICIPATE IN ANY PROSECUTION OR EXECUTION UNDER THIS SECTION IF SUCH  * 
*PARTICIPATION IS CONTRARY TO THE MORAL OR RELIGIOUS CONVICTIONS OF THE  * 
*EMPLOYEE. IN THIS SUBSECTION, 'PARTICIPATION IN EXECUTIONS' INCLUDES    * 
*PERSONAL PREPARATION OF THE CONDEMNED INDIVIDUAL AND THE APPARATUS USED * 
*FOR EXECUTION AND SUPERVISION OF THE ACTIVITIES OF OTHER PERSONNEL IN   * 
*CARRYING OUT SUCH ACTIVITIES.                                           * 
*"3598. Special provisions for Indian country                            * 
*  "Notwithstanding sections 1152 and 1153, no person subject to the     * 
*criminal jurisdiction of an Indian tribal government shall be subject to* 
*a capital sentence under this chapter for any offense the Federal       * 
*jurisdiction for which is predicated solely on Indian country (as       * 
*defined in section 1151 of this title) and which has occurred within the* 
*boundaries of Indian country, unless the governing body of the tribe has* 
*elected that this chapter have effect over land and persons subject to  * 
*its criminal jurisdiction.".                                            * 
*  (b) TECHNICAL AMENDMENT.-THE PART ANALYSIS FOR PART II OF TITLE 18,   * 
*UNITED STATES CODE, IS AMENDED BY INSERTING AFTER THE ITEM RELATING TO  * 
*CHAPTER 227 THE FOLLOWING NEW ITEM:                                     * 
*"228. Death sentence                                              3591".* 
*SEC. 203. SPECIFIC OFFENSES FOR WHICH DEATH PENALTY IS AUTHORIZED.      * 
*  (a) CONFORMING CHANGES IN TITLE 18.-Title 18, United States Code, is  * 
*amended as follows:                                                     * 
*      (1) AIRCRAFT AND MOTOR VEHICLES.-SECTION 34 OF TITLE 18, UNITED   * 
*    STATES CODE, IS AMENDED BY STRIKING THE COMMA AFTER "IMPRISONMENT   * 
*    FOR LIFE", INSERTING A PERIOD, AND STRIKING THE REMAINDER OF THE    * 
*    SECTION.                                                            * 
*      (2) ESPIONAGE.-SECTION 794(A) OF TITLE 18, UNITED STATES CODE, IS * 
*    AMENDED BY STRIKING THE PERIOD AT THE END OF THE SECTION AND        * 
*    INSERTING ", EXCEPT THAT THE SENTENCE OF DEATH SHALL NOT BE IMPOSED * 
*    UNLESS THE JURY OR, IF THERE IS NO JURY, THE COURT, FURTHER FINDS   * 
*    THAT THE OFFENSE DIRECTLY CONCERNED NUCLEAR WEAPONRY, MILITARY      * 
*    SPACECRAFT OR SATELLITES, EARLY WARNING SYSTEMS, OR OTHER MEANS OF  * 
*    DEFENSE OR RETALIATION AGAINST LARGE-SCALE ATTACK; WAR PLANS;       * 
*    COMMUNICATIONS INTELLIGENCE OR CRYPTOGRAPHIC INFORMATION; OR ANY    * 
*    OTHER MAJOR WEAPONS SYSTEM OR MAJOR ELEMENT OF DEFENSE STRATEGY.".  * 
*      (3) EXPLOSIVE MATERIALS.-(A) SECTION 844(D) OF TITLE 18, UNITED   * 
*    STATES CODE, IS AMENDED BY STRIKING "AS PROVIDED IN SECTION 34 OF   * 
*    THIS TITLE".                                                        * 
*      (B) SECTION 844(F) OF TITLE 18, UNITED STATES CODE, IS AMENDED BY * 
*    STRIKING "AS PROVIDED IN SECTION 34 OF THIS TITLE".                 * 
*      (C) SECTION 844(I) OF TITLE 18, UNITED STATES CODE, IS AMENDED BY * 
*    STRIKING "AS PROVIDED IN SECTION 34 OF THIS TITLE".                 * 
*      (4) MURDER.-THE SECOND UNDESIGNATED PARAGRAPH OF SECTION 1111(B)  * 
*    OF TITLE 18, UNITED STATES CODE, IS AMENDED TO READ AS FOLLOWS:     * 
*      "WHOEVER IS GUILTY OF MURDER IN THE FIRST DEGREE SHALL BE PUNISHED* 
*    BY DEATH OR BY IMPRISONMENT FOR LIFE;".                             * 
*      (5) KILLING OF FOREIGN OFFICIAL.-SECTION 1116(A) OF TITLE 18,     * 
*    UNITED STATES CODE, IS AMENDED BY STRIKING "ANY SUCH PERSON WHO IS  * 
*    FOUND GUILTY OF MURDER IN THE FIRST DEGREE SHALL BE SENTENCED TO    * 
*    IMPRISONMENT FOR LIFE, AND".                                        * 
*      (6) KIDNAPPING.-SECTION 1201(A) OF TITLE 18, UNITED STATES CODE,  *
*    IS AMENDED BY INSERTING AFTER "OR FOR LIFE" THE FOLLOWING: "AND, IF * 
*    THE DEATH OF ANY PERSON RESULTS, SHALL BE PUNISHED BY DEATH OR LIFE * 
*    IMPRISONMENT".                                                      * 
*      (7) NONMAILABLE INJURIOUS ARTICLES.-THE LAST PARAGRAPH OF SECTION * 
*    1716 OF TITLE 18, UNITED STATES CODE, IS AMENDED BY STRIKING THE    * 
*    COMMA AFTER "IMPRISONMENT FOR LIFE" AND INSERTING A PERIOD AND      * 
*    STRIKING THE REMAINDER OF THE PARAGRAPH.                            * 
*      (8) PRESIDENTIAL ASSASSINATIONS.-SUBSECTION (C) OF SECTION 1751 OF* 
*    TITLE 18, UNITED STATES CODE, IS AMENDED TO READ AS FOLLOWS:        * 
*  "(C) WHOEVER ATTEMPTS TO KILL OR KIDNAP ANY INDIVIDUAL DESIGNATED IN  * 
*SUBSECTION (A) OF THIS SECTION, SHALL BE PUNISHED-                      * 
*      "(1) BY IMPRISONMENT FOR ANY TERM OF YEARS OR FOR LIFE; OR        * 
*      "(2) IF THE CONDUCT CONSTITUTES AN ATTEMPT TO INTENTIONALLY KILL  * 
*    THE PRESIDENT OF THE UNITED STATES AND RESULTS IN BODILY INJURY TO  * 
*    THE PRESIDENT OR OTHERWISE COMES DANGEROUSLY CLOSE TO CAUSING THE   * 
*    DEATH OF THE PRESIDENT, BY DEATH OR IMPRISONMENT FOR ANY TERM OF    * 
*    YEARS OR FOR LIFE.".                                                * 
*      (9) WRECKING TRAINS.-THE SECOND TO THE LAST UNDESIGNATED PARAGRAPH* 
*    OF SECTION 1992 OF TITLE 18, UNITED STATES CODE, IS AMENDED BY      * 
*    STRIKING THE COMMA AFTER "IMPRISONMENT FOR LIFE", INSERTING A       * 
*    PERIOD, AND STRIKING THE REMAINDER OF THE SECTION.                  * 
*      (10) BANK ROBBERY.-SECTION 2113(E) OF TITLE 18, UNITED STATES     * 
*    CODE, IS AMENDED BY STRIKING "OR PUNISHED BY DEATH IF THE VERDICT OF* 
*    THE JURY SHALL SO DIRECT" AND INSERTING "OR IF DEATH RESULTS SHALL  * 
*    BE PUNISHED BY DEATH OR LIFE IMPRISONMENT".                         * 
*      (11) HOSTAGE TAKING.-SECTION 1203(A) OF TITLE 18, UNITED STATES   * 
*    CODE, IS AMENDED BY INSERTING AFTER "OR FOR LIFE" THE FOLLOWING:    * 
*    "AND, IF THE DEATH OF ANY PERSON RESULTS, SHALL BE PUNISHED BY DEATH* 
*    OR LIFE IMPRISONMENT".                                              * 
*      (12) MURDER FOR HIRE.-SECTION 1958 OF TITLE 18, UNITED STATES     * 
*    CODE, IS AMENDED BY STRIKING "AND IF DEATH RESULTS, SHALL BE SUBJECT* 
*    TO IMPRISONMENT FOR ANY TERM OF YEARS OR FOR LIFE, OR SHALL BE FINED* 
*    NOT MORE THAN $50,000, OR BOTH" AND INSERTING "AND IF DEATH RESULTS,* 
*    SHALL BE PUNISHED BY DEATH OR LIFE IMPRISONMENT, OR SHALL BE FINED  * 
*    NOT MORE THAN $250,000, OR BOTH".                                   * 
*      (13) RACKETEERING.-SECTION 1959(A)(1) OF TITLE 18, UNITED STATES  * 
*    CODE, IS AMENDED TO READ AS FOLLOWS:                                * 
*      "(1) FOR MURDER, BY DEATH OR LIFE IMPRISONMENT, OR A FINE OF NOT  * 
*    MORE THAN $250,000, OR BOTH; AND FOR KIDNAPPING, BY IMPRISONMENT FOR* 
*    ANY TERM OF YEARS OR FOR LIFE, OR A FINE OF NOT MORE THAN $250,000, * 
*    OR BOTH;".                                                          * 
*      (14) GENOCIDE.-SECTION 1091(B)(1) OF TITLE 18, UNITED STATES CODE,* 
*    IS AMENDED BY STRIKING "A FINE OF NOT MORE THAN $1,000,000 OR       * 
*    IMPRISONMENT FOR LIFE," AND INSERTING ", WHERE DEATH RESULTS, BY    * 
*    DEATH OR IMPRISONMENT FOR LIFE AND A FINE OF NOT MORE THAN          * 
*    $1,000,000, OR BOTH;".                                              * 
*      (15) CARJACKING.-SECTION 2119(3) OF TITLE 18, UNITED STATES CODE, * 
*    IS AMENDED BY STRIKING THE PERIOD AFTER "BOTH" AND INSERTING ", OR  * 
*    SENTENCED TO DEATH."; AND BY STRIKING ", POSSESSING A FIREARM AS    * 
*    DEFINED IN SECTION 921 OF THIS TITLE,".                             * 
*  (B) CONFORMING AMENDMENT TO FEDERAL AVIATION ACT OF 1954.-Section 903 * 
*of the Federal Aviation Act of 1958 (49 U.S.C. 1473) is amended by      * 
*striking subsection (c).                                                * 
*SEC. 204. APPLICABILITY TO UNIFORM CODE OF MILITARY JUSTICE.            * 
*  Chapter 228 of title 18, United States Code, as added by this title,  *
*shall not apply to prosecutions under the Uniform Code of Military      * 
*Justice (10 U.S.C. 801).                                                * 
*SEC. 205. DEATH PENALTY FOR MURDER BY A FEDERAL PRISONER.               * 
*  (a) IN GENERAL.-CHAPTER 51 OF TITLE 18, UNITED STATES CODE, IS AMENDED* 
*BY ADDING AT THE END THE FOLLOWING NEW SECTION:                         * 
*"1118. Murder by a Federal prisoner                                     * 
*  "(a) OFFENSE.-A PERSON WHO, WHILE CONFINED IN A FEDERAL CORRECTIONAL  * 
*INSTITUTION UNDER A SENTENCE FOR A TERM OF LIFE IMPRISONMENT, COMMITS   * 
*THE MURDER OF ANOTHER SHALL BE PUNISHED BY DEATH OR BY LIFE             * 
*IMPRISONMENT.                                                           * 
*  "(B) DEFINITIONS.-IN THIS SECTION-                                    * 
*      "'FEDERAL CORRECTIONAL INSTITUTION' MEANS ANY FEDERAL PRISON,     * 
*    FEDERAL CORRECTIONAL FACILITY, FEDERAL COMMUNITY PROGRAM CENTER, OR * 
*    FEDERAL HALFWAY HOUSE.                                              * 
*      "'MURDER' MEANS A FIRST DEGREE OR SECOND DEGREE MURDER (AS DEFINED* 
*    BY SECTION 1111).                                                   * 
*      "'TERM OF LIFE IMPRISONMENT' MEANS A SENTENCE FOR THE TERM OF     * 
*    NATURAL LIFE, A SENTENCE COMMUTED TO NATURAL LIFE, AN INDETERMINATE * 
*    TERM OF A MINIMUM OF AT LEAST FIFTEEN YEARS AND A MAXIMUM OF LIFE,  * 
*    OR AN UNEXECUTED SENTENCE OF DEATH.".                               * 
*  (B) TECHNICAL AMENDMENT.-THE CHAPTER ANALYSIS FOR CHAPTER 51 OF TITLE * 
*18, UNITED STATES CODE, IS AMENDED BY ADDING AT THE END THE FOLLOWING   * 
*NEW ITEM:                                                               * 
*"1118. Murder by a Federal prisoner.".                                  * 
*SEC. 206. DEATH PENALTY FOR CIVIL RIGHTS MURDERS.                       * 
*  (a) CONSPIRACY AGAINST RIGHTS.-SECTION 241 OF TITLE 18, UNITED STATES * 
*CODE, IS AMENDED BY STRIKING THE PERIOD AT THE END OF THE LAST SENTENCE * 
*AND INSERTING ", OR MAY BE SENTENCED TO DEATH.".                        * 
*  (B) DEPRIVATION OF RIGHTS UNDER COLOR OF LAW.-SECTION 242 OF TITLE 18,* 
*UNITED STATES CODE, IS AMENDED BY STRIKING THE PERIOD AT THE END OF THE * 
*LAST SENTENCE AND INSERTING ", OR MAY BE SENTENCED TO DEATH.".          * 
*  (C) FEDERALLY PROTECTED ACTIVITIES.-SECTION 245(B) OF TITLE 18, UNITED* 
*STATES CODE, IS AMENDED IN THE MATTER FOLLOWING PARAGRAPH (5) BY        * 
*INSERTING ", OR MAY BE SENTENCED TO DEATH" AFTER "OR FOR LIFE".         * 
*  (D) DAMAGE TO RELIGIOUS PROPERTY; OBSTRUCTION OF THE FREE EXERCISE OF * 
*RELIGIOUS RIGHTS.-SECTION 247(C)(1) OF TITLE 18, UNITED STATES CODE, IS * 
*AMENDED BY INSERTING ", OR MAY BE SENTENCED TO DEATH" AFTER "OR BOTH".  * 
*SEC. 207. DEATH PENALTY FOR THE MURDER OF FEDERAL LAW ENFORCEMENT       * 
*OFFICIALS.   Section 1114(a) of title 18, United States Code, is amended* 
*by striking "punished as provided under sections 1111 and 1112 of this  * 
*title," and inserting "punished, in the case of murder, by a sentence of* 
*death or life imprisonment as provided under section 1111, or, in the   * 
*case of manslaughter, a sentence as provided under section 1112.".      * 
*SEC. 208. NEW OFFENSE FOR THE INDISCRIMINATE USE OF WEAPONS TO FURTHER  * 
*DRUG CONSPIRACIES.                                                      * 
*  (a) SHORT TITLE.-THIS SECTION MAY BE CITED AS THE "DRIVE-BY SHOOTING  * 
*PREVENTION ACT OF 1993".                                                * 
*  (B) IN GENERAL.-CHAPTER 2 OF TITLE 18, UNITED STATES CODE, IS AMENDED * 
*BY ADDING AT THE END THE FOLLOWING NEW SECTION:                         * 
*"36. Drive-by shooting                                                  * 
*  "(a) DEFINITION.-IN THIS SECTION, 'MAJOR DRUG OFFENSE' MEANS-         * 
*      "(1) A CONTINUING CRIMINAL ENTERPRISE PUNISHABLE UNDER SECTION    * 
*    403(C) OF THE CONTROLLED SUBSTANCES ACT (21 U.S.C. 848(C));         * 
*      "(2) A CONSPIRACY TO DISTRIBUTE CONTROLLED SUBSTANCES PUNISHABLE  * 
*    UNDER SECTION 406 OF THE CONTROLLED SUBSTANCES ACT (21 U.S.C. 846)  *
*    SECTION 1013 OF THE CONTROLLED SUBSTANCES IMPORT AND EXPORT CONTROL * 
*    ACT (21 U.S.C. 963); AND                                            * 
*      "(3) AN OFFENSE INVOLVING MAJOR QUANTITIES OF DRUGS AND PUNISHABLE* 
*    UNDER SECTION 401(B)(1)(A) OF THE CONTROLLED SUBSTANCES ACT (21     * 
*    U.S.C. 841(B)(1)(A)) OR SECTION 1010(B)(1) OF THE CONTROLLED        * 
*    SUBSTANCES IMPORT AND EXPORT ACT (21 U.S.C. 960(B)(1)).             * 
*  "(B) OFFENSE AND PENALTIES.-(1) A PERSON WHO, IN FURTHERANCE OR TO    * 
*ESCAPE DETECTION OF A MAJOR DRUG OFFENSE AND WITH THE INTENT TO         * 
*INTIMIDATE, HARASS, INJURE, OR MAIM, FIRES A WEAPON INTO A GROUP OF TWO * 
*OR MORE PERSONS AND WHO, IN THE COURSE OF SUCH CONDUCT, CAUSES GRAVE    * 
*RISK TO ANY HUMAN LIFE SHALL BE PUNISHED BY A TERM OF NO MORE THAN 25   * 
*YEARS, BY FINE UNDER THIS TITLE, OR BOTH.                               * 
*  "(2) A PERSON WHO, IN FURTHERANCE OR TO ESCAPE DETECTION OF A MAJOR   * 
*DRUG OFFENSE AND WITH THE INTENT TO INTIMIDATE, HARASS, INJURE, OR MAIM,* 
*FIRES A WEAPON INTO A GROUP OF 2 OR MORE PERSONS AND WHO, IN THE COURSE * 
*OF SUCH CONDUCT, KILLS ANY PERSON SHALL, IF THE KILLING-                * 
*      "(A) IS A FIRST DEGREE MURDER (AS DEFINED IN SECTION 1111(A)), BE * 
*    PUNISHED BY DEATH OR IMPRISONMENT FOR ANY TERM OF YEARS OR FOR LIFE,* 
*    FINED UNDER THIS TITLE, OR BOTH; OR                                 * 
*      "(B) IS A MURDER OTHER THAN A FIRST DEGREE MURDER (AS DEFINED IN  * 
*    SECTION 1111(A)), BE FINED UNDER THIS TITLE, IMPRISONED FOR ANY TERM* 
*    OF YEARS OR FOR LIFE, OR BOTH.".                                    * 
*  (C) TECHNICAL AMENDMENT.-THE CHAPTER ANALYSIS FOR CHAPTER 2 OF TITLE  * 
*18, UNITED STATES CODE, IS AMENDED BY ADDING AT THE END THE FOLLOWING   * 
*NEW ITEM:                                                               * 
*"36. Drive-by shooting.".                                               * 
*SEC. 209. FOREIGN MURDER OF UNITED STATES NATIONALS.                    * 
*  (a) IN GENERAL.-CHAPTER 51 OF TITLE 18, UNITED STATES CODE, IS AMENDED* 
*BY ADDING AT THE END THE FOLLOWING NEW SECTION:                         * 
*"1118. Foreign murder of United States nationals                        * 
*  "(a) DEFINITION.-IN THIS SECTION, 'NATIONAL OF THE UNITED STATES' HAS * 
*THE MEANING STATED IN SECTION 101(A)(22) OF THE IMMIGRATION AND         * 
*NATIONALITY ACT (8 U.S.C. 1101(A)(22)).                                 * 
*  "(B) OFFENSE.-A PERSON WHO, BEING A NATIONAL OF THE UNITED STATES,    * 
*KILLS OR ATTEMPTS TO KILL A NATIONAL OF THE UNITED STATES WHILE SUCH    * 
*NATIONAL IS OUTSIDE THE UNITED STATES BUT WITHIN THE JURISDICTION OF    * 
*ANOTHER COUNTRY SHALL BE PUNISHED AS PROVIDED UNDER SECTIONS 1111, 1112,* 
*AND 1113.                                                               * 
*  "(C) LIMITATIONS ON PROSECUTION.-(1) NO PROSECUTION MAY BE INSTITUTED * 
*AGAINST ANY PERSON UNDER THIS SECTION EXCEPT UPON THE WRITTEN APPROVAL  * 
*OF THE ATTORNEY GENERAL, THE DEPUTY ATTORNEY GENERAL, OR AN ASSISTANT   * 
*ATTORNEY GENERAL, WHICH FUNCTION OF APPROVING PROSECUTIONS MAY NOT BE   * 
*DELEGATED. NO PROSECUTION SHALL BE APPROVED IF PROSECUTION HAS BEEN     * 
*PREVIOUSLY UNDERTAKEN BY A FOREIGN COUNTRY FOR THE SAME CONDUCT.        * 
*  "(2) NO PROSECUTION SHALL BE APPROVED UNDER THIS SECTION UNLESS THE   * 
*ATTORNEY GENERAL, IN CONSULTATION WITH THE SECRETARY OF STATE,          * 
*DETERMINES THAT THE CONDUCT TOOK PLACE IN A COUNTRY IN WHICH THE PERSON * 
*IS NO LONGER PRESENT, AND THE COUNTRY LACKS THE ABILITY TO LAWFULLY     * 
*SECURE THE PERSON'S RETURN. A DETERMINATION BY THE ATTORNEY GENERAL     * 
*UNDER THIS PARAGRAPH IS NOT SUBJECT TO JUDICIAL REVIEW.".               * 
*  (B) TECHNICAL AMENDMENTS.-(1) SECTION 1117 OF TITLE 18, UNITED STATES * 
*CODE, IS AMENDED BY STRIKING "OR 1116" AND INSERTING "1116, OR 1118".   * 
*  (2) THE CHAPTER ANALYSIS FOR CHAPTER 51 OF TITLE 18, UNITED STATES    * 
*CODE, IS AMENDED BY ADDING AT THE END THE FOLLOWING NEW ITEM:           * 
*"1118. Foreign murder of United States nationals.".                     *
*SEC. 210. DEATH PENALTY FOR RAPE AND CHILD MOLESTATION MURDERS.         * 
*  (a) OFFENSE.-CHAPTER 109A OF TITLE 18, UNITED STATES CODE, IS AMENDED-* 
*      (1) BY REDESIGNATING SECTION 2245 AS SECTION 2246; AND            * 
*      (2) BY INSERTING AFTER SECTION 2244 THE FOLLOWING NEW SECTION:    * 
*"2245. Sexual abuse resulting in death                                  * 
*  "A person who, in the course of an offense under this chapter, engages* 
*in conduct that results in the death of a person, shall be punished by  * 
*death or imprisoned for any term of years or for life.".                * 
*  (b) TECHNICAL AMENDMENTS.-THE CHAPTER ANALYSIS FOR CHAPTER 109A OF    * 
*TITLE 18, UNITED STATES CODE, IS AMENDED BY STRIKING THE ITEM FOR       * 
*SECTION 2245 AND INSERTING THE FOLLOWING:                               * 
*"2245. Sexual abuse resulting in death.                                 * 
*"2246. Definitions for chapter.".                                       * 
*SEC. 211. DEATH PENALTY FOR SEXUAL EXPLOITATION OF CHILDREN.            * 
*  Section 2251(d) of title 18, United States Code, is amended by adding * 
*at the end the following: "Whoever, in the course of an offense under   * 
*this section, engages in conduct that results in the death of a person, * 
*shall be punished by death or imprisoned for any term of years or for   * 
*life.".                                                                 * 
*SEC. 212. MURDER BY ESCAPED PRISONERS.                                  * 
*  (a) IN GENERAL.-CHAPTER 51 OF TITLE 18, UNITED STATES CODE, AS AMENDED* 
*BY SECTION 109(A), IS AMENDED BY ADDING AT THE END THE FOLLOWING NEW    * 
*SECTION:                                                                * 
*"1119. Murder by escaped prisoners                                      * 
*  "(a) DEFINITION.-IN THIS SECTION, 'FEDERAL PRISON' AND 'TERM OF LIFE  * 
*IMPRISONMENT' HAVE THE MEANINGS STATED IN SECTION 1118.                 * 
*  "(B) OFFENSE AND PENALTY.-A PERSON, HAVING ESCAPED FROM A FEDERAL     * 
*PRISON WHERE THE PERSON WAS CONFINED UNDER A SENTENCE FOR A TERM OF LIFE* 
*IMPRISONMENT, KILLS ANOTHER SHALL BE PUNISHED AS PROVIDED IN SECTIONS   * 
*1111 AND 1112.".                                                        * 
*  (B) TECHNICAL AMENDMENT.-THE CHAPTER ANALYSIS FOR CHAPTER 51 OF TITLE * 
*18, UNITED STATES CODE, AS AMENDED BY SECTION 109(B)(2), IS AMENDED BY  * 
*ADDING AT THE END THE FOLLOWING NEW ITEM:                               * 
*"1119. Murder by escaped prisoners.".                                   * 
*SEC. 213. DEATH PENALTY FOR GUN MURDERS DURING FEDERAL CRIMES OF        * 
*VIOLENCE AND DRUG TRAFFICKING CRIMES.                                   * 
*  Section 924 of title 18, United States Code, is amended by adding at  * 
*the end the following new subsection:                                   * 
*  "(i)  A person who, in the course of a violation of subsection (c),   * 
*causes the death of a person through the use of a firearm, shall-       * 
*      "(1) if the killing is a murder (as defined in section 1111), be  * 
*    punished by death or by imprisonment for any term of years or for   * 
*    life; and                                                           * 
*      "(2) if the killing is manslaughter (as defined in section 1112), * 
*    be punished as provided in that section.".                          * 
*SEC. 214. HOMICIDES AND ATTEMPTED HOMICIDES INVOLVING FIREARMS IN       * 
*FEDERAL FACILITIES.                                                     * 
*  Section 930 of title 18, United States Code, is amended-              * 
*      (1) by redesignating subsections (c), (d), (e), and (f) as        * 
*    subsections (d), (e), (f), and (g), respectively;                   * 
*      (2) in subsection (a) by striking "(c)" and inserting "(d)"; and  * 
*      (3) by inserting after subsection (b) the following new           * 
*    subsection:                                                         * 
*  "(c) A person who kills or attempts to kill any person in the course  * 
*of a violation of subsection (a) or (b), or in the course of an attack  *
*on a Federal facility involving the use of a firearm or other dangerous * 
*weapon, shall be punished as provided in sections 1111, 1112, and       * 
*1113.".                                                                 * 
*SEC. 215. MURDER IN COURSE OF ALIEN SMUGGLING.                          * 
*  Section 274(a) of the Immigration and Naturalization Act (8 U.S.C.    * 
*1324) is amended by inserting before the period at the end the          * 
*following: ": Provided further, That if during and in relation to an    * 
*offense described in paragraph (1) the person causes serious bodily     * 
*injury to, or places in jeopardy the life of, any alien, such person    * 
*shall be subject to a term of imprisonment of not more than 20 years,   * 
*and if the death of any alien results, shall be punished by death or    * 
*imprisoned for any term of years or for life.".                         * 
                           *TITLE III-FIREARMS                           * 
                      *Subtitle A-Restraining Orders                     * 
*SEC. 301. PERSONS SUBJECT TO RESTRAINING ORDERS.                        * 
*  (a) Section 922(d) of title 18, United States Code, is amended-       * 
*      (1) by striking "or" at the end of paragraph (6);                 * 
*      (2) by adding "or" at the end of paragraph (7); and               * 
*      (3) by adding after paragraph (7) the following new paragraph:    * 
*      "(8)(A) is subject to an order, issued by a Federal or State court* 
*    after a hearing about which that person received actual notice and  * 
*    at which that person had the opportunity to participate, restraining* 
*    that person from harassing, stalking, threatening, or engaging in   * 
*    other such conduct that would place another person in fear of bodily* 
*    injury or the effect of which conduct would be to place a reasonable* 
*    person in fear of bodily injury; and                                * 
*      "(B) whom the court issuing the order finds under this subsection * 
*    to represent a credible threat to the physical safety of that other * 
*    person;".                                                           * 
*  (b) Section 922(g) of title 18, United States Code, is amended-       * 
*      (1) by striking "or" at the end of paragraph (6);                 * 
*      (2) by adding "or" at the end of paragraph (7); and               * 
*      (3) by adding after paragraph (7) the following new paragraph:    * 
*      "(8)(A) who is subject to an order, issued by a Federal or State  * 
*    court after a hearing about which that person received actual notice* 
*    and at which that person had the opportunity to participate,        * 
*    restraining that person from harassing, stalking, threatening, or   * 
*    engaging in other such conduct that would place another person in   * 
*    fear of bodily injury or the effect of which conduct would be to    * 
*    place a reasonable person in fear of bodily injury; and             * 
*      "(B) whom the court issuing the order finds under this subsection * 
*    to represent a credible threat to the physical safety of that other * 
*    person;".                                                           * 
*  (c) Section 926(a) of title 18, United States Code, is amended-       * 
*      (1) by striking "and" at the end of paragraph (1);                * 
*      (2) by replacing "." with "; and" at the end of paragraph (2); and* 
*      (3) by adding after paragraph (a)(2) the following new paragraph: * 
*      "(3) regulations providing for effective receipt and secure       * 
*    storage of firearms relinquished by or seized from persons described* 
*    in section 922(d)(8) or 922(g)(8).".                                * 
*  (d) Section 924(d)(1) of title 18, United States Code, is amended-    * 
*      (1) by striking all between "trial," and "firearms" and inserting * 
*    the following: "or lapse of or court termination of the restraining * 
*    order to which he is subject, the seized or relinquished".          * 
                          *Subtitle B-Licensure                          *
*SEC. 311. FIREARMS LICENSURE AND REGISTRATION TO REQUIRE A PHOTOGRAPH   * 
*AND FINGERPRINTS.                                                       * 
*  (a) FIREARMS LICENSURE.-Section 923(a) of title 18, United States     * 
*Code, is amended in the second sentence by inserting "and shall include * 
*a photograph and fingerprints of the applicant" before the period.      * 
*  (b) REGISTRATION.-Section 5802 of the Internal Revenue Code of 1986 is* 
*amended by inserting after the first sentence the following: "An        * 
*individual required to register under this section shall include a      * 
*photograph and fingerprints of the individual with the initial          * 
*application.".                                                          * 
*SEC. 312. COMPLIANCE WITH STATE AND LOCAL LAW AS A CONDITION TO LICENSE.* 
*  Section 923(d)(1) of title 18, United States Code, is amended-        * 
*      (1) by striking "and" at the end of subparagraph (D);             * 
*      (2) by striking the period at the end of subparagraph (E) and     * 
*    inserting "; and"; and                                              * 
*      (3) by adding at the end the following new subparagraph:          * 
*      "(F) the applicant certifies that-                                * 
*          "(i) the business to be conducted under the license is not    * 
*        prohibited by State or local law in the place where the licensed* 
*        premise is located;                                             * 
*          "(ii)(I) within 30 days after the application is approved the * 
*        business will comply with the requirements of State and local   * 
*        law applicable to the conduct of the business; and              * 
*          "(II) the business will not be conducted under the license    * 
*        until the requirements of State and local law applicable to the * 
*        business have been met; and                                     * 
*          "(iii) that the applicant has sent or delivered a form to be  * 
*        prescribed by the Secretary, to the chief law enforcement       * 
*        officer of the locality in which the premises are located, which* 
*        indicates that the applicant intends to apply for a Federal     * 
*        firearms license.".                                             * 
*SEC. 313. ACTION ON FIREARMS LICENSE APPLICATION.                       * 
*  Section 923(d)(2) of title 18, United States Code, is amended by      * 
*striking "forty-five-day" and inserting "60-day".                       * 
*SEC. 314. INSPECTION OF FIREARMS LICENSEES' INVENTORY AND RECORDS.      * 
*  Section 923(g)(1)(B)(ii) of title 18, United States Code, is amended  * 
*to read as follows:                                                     * 
*              "(ii) for insuring compliance with the record keeping     * 
*            requirements of this chapter-                               * 
*                  "(I) not more than once during any 12-month period; or* 
*                  "(II) at any time with respect to records relating to * 
*                a firearm involved in a criminal investigation that is  * 
*                traced to the licensee.".                               * 
*SEC. 315. REPORTS OF THEFT OR LOSS OF FIREARMS.                         * 
*  Section 923(g) of title 18, United States Code, is amended by adding  * 
*at the end the following new paragraph:                                 * 
*      "(6) Each licensee shall report the theft or loss of a firearm    * 
*    from the licensee's inventory or collection, within 48 hours after  * 
*    the theft or loss is discovered, to the Secretary and to the        * 
*    appropriate local authorities.".                                    * 
*SEC. 316. RESPONSES TO REQUESTS FOR INFORMATION.                        * 
*  Section 923(g) of title 18, United States Code, as amended by section * 
*215, is amended by adding at the end the following new paragraph:       * 
*      "(7) Each licensee shall respond immediately to, and in no event  * 
*    later than 24 hours after the receipt of, a request by the Secretary*
*    for information contained in the records required to be kept by this* 
*    chapter as may be required for determining the disposition of 1 or  * 
*    more firearms in the course of a bona fide criminal investigation.  * 
*    The requested information shall be provided orally or in writing, as* 
*    the Secretary may require. The Secretary shall implement a system   * 
*    whereby the licensee can positively identify and establish that an  * 
*    individual requesting information via telephone is employed by and  * 
*    authorized by the agency to request such information.".             * 
*SEC. 317. NOTIFICATION OF NAMES AND ADDRESSES OF FIREARMS LICENSEES.    * 
*  Section 923 of title 18, United States Code, is amended by adding at  * 
*the end the following new subsection:                                   * 
*      "(1) The Secretary of the Treasury shall notify the chief law     * 
*    enforcement officer in the appropriate State and local jurisdictions* 
*    of the names and addresses of all persons in the State to whom a    * 
*    firearms license is issued.".                                       * 
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