[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2934 Reported in House (RH)]
Union Calendar No. 353
108th CONGRESS
2d Session
H. R. 2934
[Report No. 108-588]
To increase criminal penalties relating to terrorist murders, deny
Federal benefits to terrorists, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 25, 2003
Mr. Carter introduced the following bill; which was referred to the
Committee on the Judiciary
July 7, 2004
Additional sponsors: Mrs. Musgrave, Mr. Coble, Mr. Jenkins, Mr. Barrett
of South Carolina, Mr. Norwood, Mr. Bonilla, Mr. Thornberry, Mr.
Wicker, Mr. Pearce, Mr. Burgess, Mr. Gerlach, Mrs. Cubin, Mr.
Neugebauer, Mr. Garrett of New Jersey, Mr. Porter, Mr. McCotter, Mr.
Tiahrt, Mr. Wilson of South Carolina, Mr. Gibbons, Mr. Everett, Mr.
Rogers of Alabama, Ms. Granger, Mr. Collins, Mr. Feeney, Mr. Burns, Mr.
Brady of Texas, Mr. Shimkus, Mr. Baker, Mr. Cannon, Mrs. Miller of
Michigan, Ms. Ginny Brown-Waite of Florida, Ms. Harris, Mr. Cole, Mr.
Kline, Mr. Peterson of Pennsylvania, Mr. Otter, Mr. Weller, Mr. Putnam,
Mr. Tancredo, Mr. Hefley, Mr. Pombo, Mr. Hayworth, Mr. Hensarling, Mr.
Doolittle, Mr. Sullivan, Mr. Franks of Arizona, Mr. King of Iowa, Mr.
DeLay, Mr. Tauzin, Mr. Barton of Texas, Mr. Sessions, Mr. Reynolds, Mr.
Akin, Mr. Turner of Texas, Mr. Blunt, Mr. Bonner, Mr. Smith of Texas,
Mr. Crane, Mr. Keller, Mr. Schrock, Mr. Greenwood, Mr. Beauprez, Mr.
Deal of Georgia, Mr. Tom Davis of Virginia, Mr. Murphy, Mr. Nunes, Mr.
Rehberg, Mr. Forbes, Mr. Miller of Florida, Mr. Goodlatte, Mr. Lincoln
Diaz-Balart of Florida, Mr. Mario Diaz-Balart of Florida, Mr. Chocola,
Mrs. Northup, Mr. Cantor, Mr. Shadegg, Mr. Frost, Mr. Green of
Wisconsin, Mr. Ryun of Kansas, Mr. Chabot, Mr. Gallegly, Mr. McHugh,
Mr. Culberson, and Mr. Fossella
July 7, 2004
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on July
25, 2003]
_______________________________________________________________________
A BILL
To increase criminal penalties relating to terrorist murders, deny
Federal benefits to terrorists, 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 ``Terrorist Penalties Enhancement Act
of 2004''.
SEC. 2. PENALTIES FOR TERRORIST OFFENSES RESULTING IN DEATH; 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. 2339D. Terrorist offenses resulting in death
``(a) Whoever, 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) As used in this section, the term `terrorist offense' means--
``(1) a Federal felony offense that is--
``(A) a Federal crime of terrorism as defined in
section 2332b(g) except to the extent such crime is an
offense under section 1363; or
``(B) an offense under this chapter, section 175,
175b, 229, or 831, or section 236 of the Atomic Energy
Act of 1954; or
``(2) a Federal offense that is an attempt or conspiracy to
commit an offense described in paragraph (1).
``Sec. 2339E. Denial of Federal benefits to terrorists
``(a) An individual or corporation who is convicted of a terrorist
offense (as defined in section 2339D) 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) As used in this section, the term `Federal benefit' has the
meaning given that term in section 421(d) of the Controlled Substances
Act, and also includes any assistance or benefit described in section
115(a) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, with the same limitations and to the same
extent as provided in section 115 of that Act with respect to denials
of benefits and assistance to which that section applies.''.
(b) Conforming Amendment to Table of Sections.--The table of
sections at the beginning of the chapter 113B of title 18, United
States Code, is amended by adding at the end the following new items:
``2339D. Terrorist offenses resulting in death.
``2339E. Denial of federal benefits to terrorists.''.
(c) Aggravating Factor in Death Penalty Cases.--Section 3592(c)(1)
of title 18, United States Code, is amended by inserting ``section
2339D (terrorist offenses resulting in death),'' after
``destruction),''.
SEC. 3. DEATH PENALTY IN CERTAIN AIR PIRACY CASES OCCURRING BEFORE
ENACTMENT OF THE FEDERAL DEATH PENALTY ACT OF 1994.
Section 60003 of the Violent Crime Control and Law Enforcement Act
of 1994, (Public Law 103-322), is amended, as of the time of its
enactment, by adding at the end the following:
``(c) Death Penalty Procedures for Certain Previous Aircraft Piracy
Violations.--An individual convicted of violating section 46502 of
title 49, United States Code, or its predecessor, may be sentenced to
death in accordance with the procedures established in chapter 228 of
title 18, United States Code, if for any offense committed before the
enactment of the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322), but after the enactment of the Antihijacking Act
of 1974 (Public Law 93-366), it is determined by the finder of fact,
before consideration of the factors set forth in sections 3591(a)(2)
and 3592(a) and (c) of title 18, United States Code, that one or more
of the factors set forth in former section 46503(c)(2) of title 49,
United States Code, or its predecessor, has been proven by the
Government to exist, beyond a reasonable doubt, and that none of the
factors set forth in former section 46503(c)(1) of title 49, United
States Code, or its predecessor, has been proven by the defendant to
exist, by a preponderance of the information. The meaning of the term
`especially heinous, cruel, or depraved', as used in the factor set
forth in former section 46503(c)(2)(B)(iv) of title 49, United States
Code, or its predecessor, shall be narrowed by adding the limiting
language `in that it involved torture or serious physical abuse to the
victim', and shall be construed as when that term is used in section
3592(c)(6) of title 18, United States Code.''.
Union Calendar No. 353
108th CONGRESS
2d Session
H. R. 2934
[Report No. 108-588]
_______________________________________________________________________
A BILL
To increase criminal penalties relating to terrorist murders, deny
Federal benefits to terrorists, and for other purposes.
_______________________________________________________________________
July 7, 2004
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed