[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1822 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1822

 To prevent and punish domestic and international terrorist acts, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 22, 1993

  Ms. Kaptur introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To prevent and punish domestic and international terrorist acts, and 
                          for other purposes.

    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 ``Comprehensive Counter-Terrorism Act 
of 1993''.

      TITLE I--PUNISHING DOMESTIC AND INTERNATIONAL TERRORIST ACTS

            Subtitle A--Terrorist Death Penalty Act of 1993

SEC. 1101. SHORT TITLE.

    This subtitle may be cited as the ``Terrorist Death Penalty Act of 
1993''.

SEC. 1102. TERRORIST DEATH PENALTY OFFENSE: TERRORIST ACTS ABROAD.

    Paragraph (1) of subsection 2332(a) of title 18, United States 
Code, is amended to read as follows:
            ``(1) if the killing--
                    ``(A) is a first degree murder as defined in 
                section 1111(a) of this title, 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) of this title, be fined 
                under this title, imprisoned for any term of years or 
                for life, or both;''.

SEC. 1103. DEATH PENALTY PROCEDURES.

    (a) In General.--Chapter 113B of title 18, United States Code, as 
added by this Act, is amended by adding at the end thereof the 
following:
``Sec.  2338. Death penalty procedures
    ``(a) Procedures.--
            ``(1) In general.--Except as provided in paragraph (2), if 
        a defendant is found guilty of an offense for which a sentence 
        of death is provided under section 2332(a) or 2339(a) of this 
        title, that defendant shall be sentenced to death if, after 
        consideration of the factors set forth in subsection (b) of 
        that section, and, after a hearing held pursuant to subsection 
        (c) of this section, it is determined that imposition of a 
        sentence of death is justified.
            ``(2) Exception.--No person shall be sentenced to death who 
        was less than 18 years of age at the time of the offense.
    ``(b) Factors To Be Considered.--
            ``(1) Mitigating factors.--In determining whether a 
        sentence of death is to be imposed on a defendant, the finder 
        of fact shall consider any mitigating factors, including the 
        following:
                    ``(A) Defendant's capacity.--The defendant's 
                capacity to appreciate the wrongfulness of the 
                defendant's conduct or to conform conduct to the 
                requirements of law was significantly impaired, 
                regardless of whether the capacity was so impaired as 
                to constitute a defense to the charge.
                    ``(B) Duress.--The defendant was under unusual and 
                substantial duress, regardless of whether the duress 
                was of such a degree as to constitute a defense to the 
                charge.
                    ``(C) Principal.--The defendant is punishable as a 
                principal (as defined in section 2 of this title) in 
                the offense, which was committed by another, but the 
                defendant's participation was relatively minor, 
                regardless of whether the participation was so minor as 
                to constitute a defense to the charge.
                    ``(D) Unforeseeable consequences.--The defendant 
                could not reasonably have foreseen that the defendant's 
                conduct in the course of the commission of murder, or 
                other offense resulting in death for which the 
                defendant was convicted, would cause, or would create a 
                grave risk of causing, death to any person.
                    ``(E) Youth.--The defendant was youthful, although 
                not under the age of 18.
                    ``(F) Lack of criminal record.--The defendant did 
                not have a significant prior criminal record.
                    ``(G) Mental or emotional disturbance.--The 
                defendant committed the offense under severe mental or 
                emotional disturbance.
                    ``(H) Other defendants.--Another defendant or 
                defendants, equally culpable in the crime, will not be 
                punished by death.
                    ``(I) Victim's consent.--The victim consented to 
                the criminal conduct that resulted in the victim's 
                death.
                    ``(J) Other factors.--That other factors in the 
                defendant's background or character mitigate against 
                imposition of the death sentence.
            ``(2) Aggravating factors.--In determining whether a 
        sentence of death is justified for an offense described in 
        section 2332(a) or 2339(a) of this title, the jury, or if there 
        is no jury, the court, shall consider each of the following 
        aggravating factors and determine which, if any, exist:
                    ``(A) Death occurred 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 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 in interstate commerce by explosives), section 
                1118 (prisoners serving life term), section 1201 
                (kidnaping), or section 2381 (treason) of this title, 
                or section 902 (i) or (n) of the Federal Aviation Act 
                of 1958, as amended (49 U.S.C. 1472 (i) or (n)) 
                (aircraft piracy);
                    ``(B) 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;
                    ``(C) Previous conviction of other serious 
                offenses.--The defendant has previously been convicted 
                of two or more Federal or State offenses, punishable by 
                a term of imprisonment of more than one year, committed 
                on different occasions, involving the infliction of, or 
                attempted infliction of, serious bodily injury or death 
                upon another person;
                    ``(D) 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 one or more 
                persons in addition to the victim of the offense;
                    ``(E) Heinous, cruel, or depraved manner of 
                commission.--The defendant committed the offense in an 
                especially heinous, cruel, or depraved manner in that 
                it involved torture or serious physical abuse of the 
                victim;
                    ``(F) Procurement of offense by payment.--The 
                defendant procured the commission of the offense by 
                payment, or promise of payment, of anything of 
                pecuniary value;
                    ``(G) Pecuniary gain.--The defendant committed the 
                offense as consideration for the receipt, or in the 
                expectation of the receipt, of anything of pecuniary 
                value;
                    ``(H) Substantial planning and premeditation.--The 
                defendant committed the offense after planning and 
                premeditation to cause the death of a person or commit 
                an act of terrorism;
                    ``(I) Vulnerability of victim.--The victim was 
                particularly vulnerable due to old age, youth, or 
                infirmity;
                    ``(J) Public officials.--The defendant committed 
                the offense against--
                            ``(i) 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;
                            ``(ii) a chief of state, head of 
                        government, or the political equivalent, of a 
                        foreign nation;
                            ``(iii) a foreign official listed in 
                        section 1116(b)(3)(A) of this title, if he is 
                        in the United States on official business; or
                            ``(iv) 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 is engaged in the 
                                performance of his official duties;
                                    ``(II) because of the performance 
                                of his official duties; or
                                    ``(III) because of his status as a 
                                public servant.
                        For purposes of this clause, 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, prosecution, or adjudication of 
                        an offense, and includes those engaged in 
                        corrections, probation, or parole functions.
    ``(c) Death Penalty Procedures: Hearing.--
            ``(1) Notice by the government.--If the attorney for the 
        government believes that the circumstances of the offense are 
        such that a sentence of death is justified under subsection (a) 
        of this section, he shall, a reasonable time before the trial, 
        or before acceptance by the court of a plea of guilty, or at 
        such time thereafter as the court may permit upon a showing of 
        good cause, sign and file with the court, and serve on the 
        defendant, a notice--
                    ``(A) 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
                    ``(B) 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 court may permit the attorney for the government to amend 
        the notice upon a showing of good cause.
            ``(2) Hearing before a court or jury.--If the attorney for 
        the government has filed a notice as required under paragraph 
        (1) and the defendant is found guilty of, or pleads guilty to, 
        an offense described in section 2332(a) or 2339(a) of this 
        title, 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--
                    ``(A) before the jury that determined the 
                defendant's guilt;
                    ``(B) before a jury impaneled for the purpose of 
                the hearing if--
                            ``(i) the defendant was convicted upon a 
                        plea of guilty;
                            ``(ii) the defendant was convicted after a 
                        trial before the court sitting without a jury;
                            ``(iii) the jury that determined the 
                        defendant's guilt was discharged for good 
                        cause; or
                            ``(iv) after initial imposition of a 
                        sentence under this section, reconsideration of 
                        the sentence under this section is necessary; 
                        or
                    ``(C) 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 subparagraph (B) shall consist of 
        twelve 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.
            ``(3) Proof of mitigating and aggravating factors.--
        Notwithstanding rule 32(c) of the Federal Rules of Criminal 
        Procedure, when a defendant is found guilty of, or pleads 
        guilty to, an offense under section 2332(a) or 2339(a) of this 
        title, 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 
        subsection (b) of this section. Information presented may 
        include the trial transcript and exhibits if the hearing is 
        held before a jury or judge not present during the trial. Any 
        other information relevant to a mitigating or aggravating 
        factor may be presented by either the attorney for the 
        government or the defendant, subject to the Federal Rules of 
        Evidence. 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.
            ``(4) 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 
        subsection (b) of this title found to exist. A finding with 
        respect to a mitigating factor may be made by one 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 subsection regardless of the 
        number of jurors who concur with the factor has been 
        established. A finding with respect to any aggravating factor 
        must be unanimous. If no aggravating factor set forth in 
        subsection (b) of this title is found to exist, the court shall 
        impose a sentence other than death authorized by law.
            ``(5) Return of a finding concerning a sentence of death.--
        If an aggravating factor required to be considered under 
        subsection (b) of this title is found to exist, the jury, or if 
        there is no jury, the court, shall then 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 a sentence of death 
        shall be imposed rather than some other lesser sentence. The 
        jury or the court, if there is no jury, regardless of its 
        findings with respect to aggravating and mitigating factors, is 
        never required to impose a death sentence, and the jury shall 
        be so instructed.
            ``(6) Special precaution to assure against 
        discrimination.--In a hearing held before a jury, the court, 
        prior to the return of a finding under subsection (e) of this 
        title, 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. Each 
        juror, upon return of a finding under paragraph (5), shall also 
        return to the court a sealed certificate, signed by that juror, 
        that consideration of the race, color, religious beliefs, 
        national origin, or sex of the defendant or any victim was not 
        involved in reaching that juror's individual decision and that 
        the 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.
    ``(d) Death Penalty Procedures: Imposition of a Sentence of 
Death.--Upon a finding under subsection (c) of this title that a 
sentence of death is justified, the court shall sentence the defendant 
to death. Otherwise the court shall impose any sentence other than 
death that is authorized by law. Notwithstanding any other provision of 
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.
    ``(e) Death Penalty Procedures.--
            ``(1) 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.
            ``(2) Review.--The court of appeals shall review the entire 
        record in the case, including--
                    ``(A) the evidence submitted during the trial;
                    ``(B) the information submitted during the 
                sentencing hearing;
                    ``(C) the procedures employed in the sentencing 
                hearing; and
                    ``(D) the special findings returned under section 
                3593(d) of this title.
            ``(3) Decision and disposition.--
                    ``(A) 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 subsection (b) of this section.
                    ``(B) Whenever the court of appeals finds that--
                            ``(i) the sentence of death was imposed 
                        under the influence of passion, prejudice, or 
                        any other arbitrary factor;
                            ``(ii) the admissible evidence adduced does 
                        not support the special finding of the 
                        existence of the required aggravating factor; 
                        or
                            ``(iii) other legal error requires reversal 
                        of the sentence of death,
                the court shall remand the case for reconsideration 
                under subsection (c)(5) of this section or impose a 
                sentence other than death. In any other case, the court 
                of appeals shall remand the case for reconsideration 
                under subsection (c) of this section.
            ``(4) The court of appeals shall state in writing the 
        reasons for its disposition of an appeal of a sentence of death 
        under this section.
    ``(f) Implementation of a Sentence of Death.--
            ``(1) In general.--A person who has been sentenced to death 
        pursuant to the provisions of this section 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 such State does not provide for 
        implementation of a sentence of death, the court shall 
        designate another State, the law of which does so provide, and 
        the sentence shall be implemented in the latter State in the 
        manner prescribed by such law.
            ``(2) Pregnant woman.--A sentence of death shall not be 
        carried out upon a woman while she is pregnant.
            ``(3) Mental disability.--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--
                    ``(A) cannot understand the nature of the pending 
                proceedings, what such person was tried for, the reason 
                for the punishment, or the nature of the punishment; or
                    ``(B) lacks the capacity to recognize or understand 
                facts which would make the punishment unjust or 
                unlawful, or lacks the ability to convey such 
                information to counsel or to the court.
    ``(g) Use of State Facilities.--
            ``(1) 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.
            ``(2) Excuse of an employee on moral or religious 
        grounds.--No employee of any State department of corrections or 
        the Federal Bureau of Prisons and no employee providing 
        services to that department or bureau under contract shall be 
        required, as a condition of that employment, or contractual 
        obligation to be in attendance at or to participate in any 
        execution carried out under this section if such participation 
        is contrary to the moral or religious convictions of the 
        employee. For purposes of this subsection, the term 
        `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.''.
    (b) Amendments to Section Analysis.--The table of sections for 
chapter 113B of title 18, United States Code, is amended by adding at 
the end thereof the following:

``2338. Death penalty procedures.''.

       Subtitle B--Terrorist Acts Committed in the United States

SEC. 1201. CRIMINAL OFFENSE FOR DOMESTIC TERRORIST ACTS.

    Part I of title 18, United States Code, is amended by inserting 
after chapter 113A the following new chapter 113B:

     ``CHAPTER 113B--TERRORIST ACTS COMMITTED IN THE UNITED STATES

``Sec. 2339. Terrorist acts committed in the United States.
``Sec. 2339. Terrorist acts committed in the United States
    ``(a) Homicide.--Whoever, acting as an agent of a foreign power, 
kills another person, with the intent specified in subsection (d) of 
this section, shall
            ``(1) if the killing--
                    ``(A) is a first degree murder as defined in 
                section 1111(a) of this title, be fined under this 
                title, punished by death or imprisonment for any term 
                of years or for life, or both; or
                    ``(B) is a murder other than a first degree murder 
                as defined in subsection 1111(a) of this title, be 
                fined under this title, imprisoned for any term of 
                years or for life, or both;
            ``(2) if the killing is a voluntary manslaughter as defined 
        in section 1112(a) of this title, be fined under this title or 
        imprisoned for not more than twenty years, or both; and
            ``(3) if the killing is an involuntary manslaughter as 
        defined in section 1112(a) of this title, be fined under this 
        title or imprisoned not more than ten years, or both.
    ``(b) Attempt or Conspiracy With Respect to Homicide.--Whoever, 
acting as an agent of a foreign power, with the intent specified in 
subsection (d) of this section, attempts to kill, or engages in a 
conspiracy to kill--
            ``(1) in the case of an attempt to commit a killing that is 
        a murder as defined in section 1111(a) of this title, shall be 
        fined under this title, imprisoned for any term of years or for 
        life, or for both; and
            ``(2) in the case of a conspiracy by two or more persons to 
        commit a killing that is a murder as defined in section 1111(a) 
        of this title, if one or more of such persons do any overt act 
        to effect the object of the conspiracy, shall be fined under 
        this title or imprisoned for any term of years or for life, or 
        both.
    ``(c) Other Violent Terrorist Acts.--Whoever, acting as an agent of 
a foreign power, with the intent specified in subsection (d) of this 
section, engages in physical violence that results in serious bodily 
injury or physical damage to property shall be fined under this title 
or imprisoned for any term of years or for life, or both.
    ``(d) Intent to Commit Terrorist Acts.--For the purposes of this 
section, a person possesses an intent to commit a terrorist act, if 
such person intends--
            ``(1) to intimidate or coerce a civilian population;
            ``(2) to influence the policy of a government by 
        intimidation or coercion; or
            ``(3) to affect the conduct of a government by 
        assassination, kidnapping, or other violent act.
    ``(e) Definition.--For purposes of this section, the term `agent of 
a foreign power' shall have the same meaning as in section 101(b) of 
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1801(b)).''.

   Subtitle C--Increasing Penalties for International Terrorist Acts

SEC. 1301. PENALTIES FOR INTERNATIONAL TERRORIST ACTS.

    Section 2332 of title 18, United States Code, as amended by 
subtitle A of this title, is further amended--
            (1) in subsection (a)--
                    (A) in paragraph (2) by striking ``ten'' and 
                inserting in ``twenty''; and
                    (B) in paragraph (3) by striking ``three'' and 
                inserting ``ten''.
            (2) in subsection (c) by striking ``five'' and inserting in 
        ``ten''.

SEC. 1302. CLERICAL AMENDMENTS.

    The table of chapters at the beginning of part I of title 18, 
United States Code, is amended by inserting after the item relating to 
chapter 113A the following new item:

``113B. Terrorist Acts Committed in the United States.......    2339''.

    TITLE II--AUTHORIZATIONS TO EXPAND COUNTER-TERRORIST OPERATIONS

SEC. 2001. AUTHORIZATIONS OF APPROPRIATIONS.

    There is authorized to be appropriated in each of the fiscal years 
1994, 1995 and 1996, in addition to any other amounts specified in 
appropriations Acts, for counter-terrorist operations and programs:
            (1) for the Federal Bureau of Investigation, $25,000,000;
            (2) for the Department of State, $10,000,000;
            (3) for the United States Customs Service, $7,500,000;
            (4) for the United States Secret Service, $2,500,000;
            (5) for the Bureau of Alcohol, Tobacco and Firearms, 
        $2,500,000;
            (6) for the Federal Aviation Administration, $2,500,000; 
        and
            (7) for grants to state and local law enforcement agencies, 
        to be administered by the Office of Justice Programs in the 
        Department of Justice, in consultation with the Federal Bureau 
        of Investigation, $25,000,000.

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HR 1822 IH----2