IB 

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 BROWNWAITE 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
2

•HR 2934 RH 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Terrorist Penalties En5 hancement Act of 2004’’. 

6 SEC. 2. PENALTIES FOR TERRORIST OFFENSES RESULTING 

7 IN DEATH; DENIAL OF FEDERAL BENEFITS TO 

8 TERRORISTS. 

9 (a) IN GENERAL.—Chapter 113B of title 18, United 

10 States Code, is amended by adding at the end the following: 

11 ‘‘§ 2339D. Terrorist offenses resulting in death 

12 ‘‘(a) Whoever, in the course of committing a terrorist 

13 offense, engages in conduct that results in the death of a 

14 person, shall be punished by death or imprisoned for any 

15 term of years or for life. 

16 ‘‘(b) As used in this section, the term ‘terrorist offense’ 

17 means—
3

•HR 2934 RH 

1 ‘‘(1) a Federal felony offense that is—

2 ‘‘(A) a Federal crime of terrorism as de3 fined in section 2332b(g) except to the extent 

4 such crime is an offense under section 1363; or 

5 ‘‘(B) an offense under this chapter, section 

6 175, 175b, 229, or 831, or section 236 of the 

7 Atomic Energy Act of 1954; or 

8 ‘‘(2) a Federal offense that is an attempt or con9 spiracy to commit an offense described in paragraph 

10 (1). 

11 ‘‘§ 2339E. Denial of Federal benefits to terrorists 

12 ‘‘(a) An individual or corporation who is convicted of 

13 a terrorist offense (as defined in section 2339D) shall, as 

14 provided by the court on motion of the Government, be in15 eligible for any or all Federal benefits for any term of years 

16 or for life. 

17 ‘‘(b) As used in this section, the term ‘Federal benefit’ 

18 has the meaning given that term in section 421(d) of the 

19 Controlled Substances Act, and also includes any assistance 

20 or benefit described in section 115(a) of the Personal Re21 sponsibility and Work Opportunity Reconciliation Act of 

22 1996, with the same limitations and to the same extent as 

23 provided in section 115 of that Act with respect to denials 

24 of benefits and assistance to which that section applies.’’. 
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•HR 2934 RH 

1 (b) CONFORMING AMENDMENT TO TABLE OF SEC2 TIONS.—The table of sections at the beginning of the chapter 

3 113B of title 18, United States Code, is amended by adding 

4 at the end the following new items:

‘‘2339D. Terrorist offenses resulting in death. 

‘‘2339E. Denial of federal benefits to terrorists.’’.

5 (c) AGGRAVATING FACTOR IN DEATH PENALTY

6 CASES.—Section 3592(c)(1) of title 18, United States Code, 

7 is amended by inserting ‘‘section 2339D (terrorist offenses 

8 resulting in death),’’ after ‘‘destruction),’’. 

9 SEC. 3. DEATH PENALTY IN CERTAIN AIR PIRACY CASES OC10 CURRING BEFORE ENACTMENT OF THE FED11 ERAL DEATH PENALTY ACT OF 1994. 

12 Section 60003 of the Violent Crime Control and Law 

13 Enforcement Act of 1994, (Public Law 103–322), is amend14 ed, as of the time of its enactment, by adding at the end 

15 the following: 

16 ‘‘(c) DEATH PENALTY PROCEDURES FOR CERTAIN

17 PREVIOUS AIRCRAFT PIRACY VIOLATIONS.—An individual 

18 convicted of violating section 46502 of title 49, United 

19 States Code, or its predecessor, may be sentenced to death 

20 in accordance with the procedures established in chapter 

21 228 of title 18, United States Code, if for any offense com22 mitted before the enactment of the Violent Crime Control 

23 and Law Enforcement Act of 1994 (Public Law 103–322), 

24 but after the enactment of the Antihijacking Act of 1974 
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•HR 2934 RH 

1 (Public Law 93–366), it is determined by the finder of fact, 

2 before consideration of the factors set forth in sections 

3 3591(a)(2) and 3592(a) and (c) of title 18, United States 

4 Code, that one or more of the factors set forth in former 

5 section 46503(c)(2) of title 49, United States Code, or its 

6 predecessor, has been proven by the Government to exist, 

7 beyond a reasonable doubt, and that none of the factors set 

8 forth in former section 46503(c)(1) of title 49, United States 

9 Code, or its predecessor, has been proven by the defendant 

10 to exist, by a preponderance of the information. The mean11 ing of the term ‘especially heinous, cruel, or depraved’, as 

12 used in the factor set forth in former section 

13 46503(c)(2)(B)(iv) of title 49, United States Code, or its 

14 predecessor, shall be narrowed by adding the limiting lan15 guage ‘in that it involved torture or serious physical abuse 

16 to the victim’, and shall be construed as when that term 

17 is used in section 3592(c)(6) of title 18, United States 

18 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 

for other purposes. murders, deny Federal benefits to terrorists, and 

JULY 7, 2004

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union,