JM 9-60.711
The Federal Death Penalty Act of 1994 amended Title 18, United States Code, section 1203 to authorize imposition of the death penalty or life imprisonment when death results from a hostage taking covered by the statute. See Violent Crime Control and Law Enforcement Act of 1994, Pub. L. 103-322, Tit. VI, § 60003(a)(10), 108 Stat. 1796, 1969 (1994). In any case where a defendant is charged with a hostage taking offense for which the death penalty can be imposed, the U.S. Attorney is required to follow the procedures set out in JM 9-10.000 and transmit to the Attorney General the information required by those provisions, regardless of whether he or she actually intends to seek the death penalty.