To establish constitutional procedures for the imposition of the death penalty.

Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes where a defendant has been found guilty of treason or gathering or delivering defense information to aid a foreign government or of an offense for which the death sentence is provided if the defendant intentionally: (1) killed the victim; (2) inflicted serious bodily injury that resulted in the victim's death; (3) participated in an act, contemplating that the life of a person would be taken or intending that lethal force would be used and the victim died as a direct result of the act; or (4) engaged in an act of violence, knowing that the act created a grave risk of death, such that participation in the act constituted a reckless disregard for human life and the victim died as a direct result of the act (subject to specified limitations).

Requires: (1) the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, of its intention to seek the death penalty and of the aggravating factors upon which it will rely; and (2) a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death.

Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury.

Sets forth mitigating factors and aggravating factors for treason, espionage, and homicide.

States that no person who was less than 18 years of age at the time of the offense may be sentenced to death. Prohibits the execution of mentally retarded persons, persons who as a result of mental disability lack the mental capacity to understand the death penalty and why it was imposed on them, or pregnant women.

Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant or any victim in its consideration of the sentence. Specifies that the jury or the court is never required to impose a death sentence.

Establishes procedures for the imposition and implementation of, and appeal from, a death sentence.

Prohibits requiring any employee of any State department of corrections, the U.S. Department of Justice, the Marshals Service, the Bureau of Prisons, or any provider of services under contract to participate in any prosecution or execution if participation is contrary to his or her moral or religious convictions.

Bars the imposition of a death sentence for a death-eligible offense committed in Indian country unless the Indian tribe having criminal jurisdiction over land and persons subject to such jurisdiction has elected to have this Act apply in such cases.