‘‘(1) a Federal felony offense that is—
‘‘(A) a Federal crime of terrorism as de-
fined 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 con-
spiracy to commit an offense described in paragraph 
(1). 
‘‘§ 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 in-
eligible 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 Re-
sponsibility 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 SEC-
TIONS.—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 OC-
CURRING BEFORE ENACTMENT OF THE FED-
ERAL DEATH PENALTY ACT OF 1994. 
Section 60003 of the Violent Crime Control and Law 
Enforcement Act of 1994, (Public Law 103–322), is amend-
ed, 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 com-
mitted 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 mean-
ing 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 lan-
guage ‘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 Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed