[Congressional Record Volume 149, Number 123 (Tuesday, September 9, 2003)]
[Senate]
[Pages S11240-S11241]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              TERRORIST PENALTIES ENHANCEMENT ACT OF 2003

  Mr. SPECTER. Mr. President, I have sought recognition to speak on a 
bill that I will introduce to increase the criminal penalties relating 
to terrorist murders and to deny Federal benefits to terrorists, and 
for other purposes.
  I authored the Terrorist Prosecution Act of 1986, which provides for 
extraterritorial jurisdiction to try in United States courts anyone who 
assaults, maims, or murders a U.S. citizen anywhere in the world. And 
that bill, which provides for the death penalty, has been enacted into 
law and has been very helpful.
  I have been trying to extradite Palestinian Authority terrorists who 
have murdered United States citizens abroad. This bill would go beyond 
existing law to provide for the death penalty in all terrorist offenses 
resulting in death. It adds the death penalty as a punishment in a 
number of situations that do not currently provide for the death 
penalty, such as sabotage of a national defense installation, sabotage 
of a nuclear facility, or destroying an energy facility.
  In addition, this legislation includes conspiracy and attempt to 
commit terrorist acts in the list of terrorism offenses subject to the 
death penalty. It would enable prosecutors to seek the death penalty 
for terrorist fundraisers, for example.
  Another important aspect of this legislation would be to remove the 
so-called gateway factors to impose the death penalty for terrorist 
offenses. It adds terrorism to the list of offenses, espionage and 
treason, for which the death penalty can be imposed without the gateway 
factors being met. For other offenses, the death penalty can only be 
imposed if there is a direct link between the criminal act and the 
death of a victim and prosecutors do not believe they can establish 
such a link in the case of a terrorist fundraiser.
  There are Supreme Court decisions which preclude the imposition of 
the death penalty, for example, on the driver of a getaway car in a 
felony murder or robbery murder. Someone in the getaway car cannot get 
the death penalty because the Supreme Court has said it is too remote. 
And when I have pressed the Department of Justice to proceed with 
criminal prosecutions and to seek the death penalty for terrorists, for 
people who contribute to organizations such as Hamas, where they know 
there are terrorist branches and instigation of the murdering of U.S. 
citizens, as they did some months ago at Hebrew University and in other 
situations, the prosecutors have said to me they are concerned that the 
analogy to the driver of a getaway car might prevent the imposition of 
the death penalty.
  Frankly, I disagree with that assessment because the driver of a 
getaway car may not be considering the consequence of death. And the 
contributors to terrorist organizations, knowing what those 
organizations do, are really on notice and are accessories before the 
fact to murder. I think they ought to be held liable under existing 
law. But to clear up any ambiguity, this legislation would remove those 
limitations and would make such contributors to terrorist organizations 
liable for the death penalty as accessories before the fact.
  I ask unanimous consent that a copy of the bill be printed in the 
Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                  S.  

       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 ``Terrorist Penalties 
     Enhancement Act of 2003''.

     SEC. 2. PENALTIES FOR TERRORIST MURDERS.

       (a) In General.--Chapter 113B of title 18, United States 
     Code, is amended by adding at the end the following:

[[Page S11241]]

     ``Sec. 2339D. Terrorist offenses resulting in death

       ``(a) Penalty.--A person who, in the course of committing a 
     terrorist offense, 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) Terrorist Offense Defined.--In this section, the term 
     `terrorist offense' means--
       ``(1) international or domestic terrorism as defined in 
     section 2331;
       ``(2) a Federal crime of terrorism as defined in section 
     2332b(g);
       ``(3) an offense under this chapter;
       ``(4) section 175, 175b, 229, or 831 of this title;
       ``(5) section 236 of the Atomic Energy Act of 1954 (42 
     U.S.C. 2284); or
       ``(6) an attempt or conspiracy to commit an offense 
     described in paragraph (1), (2), (3), (4), or (5).''.
       (b) Chapter Analysis.--The chapter analysis of chapter 113B 
     of title 18, United States Code, is amended by inserting at 
     the end the following:

``2339D. Terrorist offenses resulting in death.''.
       (c) Aggravating Factors.--
       (1) In general.--Section 3591(a)(1) of title 18, United 
     States Code, is amended by striking ``or section 2381'' and 
     inserting ``2339D, or 2381''.
       (2) Conforming amendment.--Section 3592(b) of title 18, 
     United States Code, is amended--
       (A) in the heading, by striking ``and treason'' and 
     inserting ``, treason, and terrorism''; and
       (B) in paragraph (1)--
       (i) in the heading, by striking ``or treason'' and 
     inserting ``, treason, or terrorism''; and
       (ii) by striking ``or treason'' and inserting ``, treason, 
     or terrorism''.

     SEC. 3. DENIAL OF FEDERAL BENEFITS TO TERRORISTS.

       (a) In General.--Chapter 113B of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 2339E. Denial of Federal benefits to terrorists

       ``(a) In General.--Any individual who is convicted of a 
     Federal crime of terrorism (as defined in section 2332b(g)) 
     shall, as provided by the court on motion of the Government, 
     be ineligible for any or all Federal benefits for any term of 
     years or for life.
       ``(b) Federal Benefit Defined.--As used in this section, 
     `Federal benefit' has the meaning given that term in section 
     421(d) of the Controlled Substances Act (21 U.S.C. 
     862(d)).''.
       (b) Chapter Analysis.--The chapter analysis of chapter 113B 
     of title 18, United States Code, is amended by inserting at 
     the end the following:

``2339E. Denial of Federal benefits to terrorists.''.

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