I
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 Representa-
tives 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 
TER-
RORIST 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: TERROR-
IST ACTS ABROAD.
Paragraph (1) of subsection 2332(a) of title 18, Unit-
ed 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:
‘‘§ 2338. Death penalty procedures
‘‘(a) PROCEDURES.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), if a defendant is found guilty of an of-
fense 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 con-
sideration 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 sen-
tenced 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 miti-
gating factors, including the following:
‘‘(A) DEFENDANT’S
CAPACITY.—The de-
fendant’s capacity to appreciate the wrongful-
ness of the defendant’s conduct or to conform
conduct to the requirements of law was signifi-
cantly impaired, regardless of whether the ca-
pacity was so impaired as to constitute a de-
fense 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 pun-
ishable as a principal (as defined in section 2
of this title) in the offense, which was commit-
ted by another, but the defendant’s participa-
tion 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 fore-
seen 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 youth-
ful, although not under the age of 18.
‘‘(F) LACK
OF
CRIMINAL
RECORD.—The
defendant did not have a significant prior crimi-
nal record.
‘‘(G) MENTAL
OR
EMOTIONAL
DISTURB-
ANCE.—The defendant committed the offense
under severe mental or emotional disturbance.
‘‘(H) OTHER DEFENDANTS.—Another de-
fendant or defendants, equally culpable in the
crime, will not be punished by death.
‘‘(I) VICTIM’S CONSENT.—The victim con-
sented 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 sen-
tence.
‘‘(2) AGGRAVATING FACTORS.—In determining
whether a sentence of death is justified for an of-
fense 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 COMMIS-
SION OF ANOTHER CRIME.—The death, or in-
jury resulting in death, occurred during the
commission or attempted commission of, or dur-
ing 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) (trans-
portation of explosives in interstate commerce
for certain purposes), section 844(f) (destruc-
tion of Government property in interstate com-
merce 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 de-
fendant has previously been convicted of an-
other Federal or State offense resulting in the
death of a person, for which a sentence of life
imprisonment or a sentence of death was au-
thorized by statute;
‘‘(C) PREVIOUS CONVICTION OF OTHER SE-
RIOUS
OFFENSES.—The defendant has pre-
viously been convicted of two or more Federal
or State offenses, punishable by a term of im-
prisonment of more than one year, committed
on different occasions, involving the infliction
of, or attempted infliction of, serious bodily in-
jury or death upon another person;
‘‘(D) GRAVE
RISK
OF
DEATH
TO
ADDI-
TIONAL PERSONS.—The defendant, in the com-
mission of the offense, or in escaping apprehen-
sion 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 com-
mitted 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 PAY-
MENT.—The defendant procured the commis-
sion 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 PRE-
MEDITATION.—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 vic-
tim 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 Presi-
dent, the Vice-President-elect, the Vice-
President-designate, or, if there is no Vice
President, the officer next in order of suc-
cession 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 govern-
ment, or the political equivalent, of a for-
eign 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 cor-
rectional 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 enforce-
ment officer’ is a public servant authorized
by law or by a Government agency or Con-
gress to conduct or engage in the preven-
tion, investigation, prosecution, or adju-
dication of an offense, and includes those
engaged in corrections, probation, or pa-
role functions.
‘‘(c) DEATH PENALTY PROCEDURES: HEARING.—
‘‘(1) NOTICE BY THE GOVERNMENT.—If the at-
torney for the government believes that the cir-
cumstances of the offense are such that a sentence
of death is justified under subsection (a) of this sec-
tion, 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 govern-
ment 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 de-
scribed 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 sen-
tencing 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 pur-
pose 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 de-
fendant’s guilt was discharged for good
cause; or
‘‘(iv) after initial imposition of a sen-
tence under this section, reconsideration of
the sentence under this section is nec-
essary; or
‘‘(C) before the court alone, upon the mo-
tion 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 stip-
ulate, 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 Fed-
eral 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 sentenc-
ing hearing, information may be presented as to any
matter relevant to the sentence, including any miti-
gating or aggravating factor permitted or required
to be considered under subsection (b) of this section.
Information presented may include the trial tran-
script 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 informa-
tion 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 ap-
propriateness in the case of imposing a sentence of
death. The government shall open the argument.
The defendant shall be permitted to reply. The gov-
ernment shall then be permitted to reply in rebuttal.
The burden of establishing the existence of any ag-
gravating factor is on the government, and is not
satisfied unless the existence of such a factor is es-
tablished beyond a reasonable doubt. The burden of
establishing the existence of any mitigating factor is
on the defendant, and is not satisfied unless the ex-
istence of such a factor is established by a prepon-
derance 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 aggra-
vating 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 mem-
bers of the jury, and any member of the jury who
finds the existence of a mitigating factor may con-
sider such factor established for purposes of this
subsection regardless of the number of jurors who
concur with the factor has been established. A find-
ing 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 au-
thorized by law.
‘‘(5) RETURN
OF
A
FINDING
CONCERNING
A
SENTENCE OF DEATH.—If an aggravating factor re-
quired 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 aggra-
vating 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 ab-
sence of a mitigating factor, whether the aggravat-
ing 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 sub-
section (e) of this title, shall instruct the jury that,
in considering whether a sentence of death is justi-
fied, 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, na-
tional 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, re-
ligious beliefs, national origin, or sex of the defend-
ant or any victim may be.
‘‘(d) DEATH PENALTY PROCEDURES: IMPOSITION OF
A SENTENCE OF DEATH.—Upon a finding under sub-
section (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 of-
sider whether the sentence of death was im-
posed under the influence of passion, prejudice,
or any other arbitrary factor and whether the
evidence supports the special finding of the ex-
istence 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 im-
posed under the influence of passion, prej-
udice, or any other arbitrary factor;
‘‘(ii) the admissible evidence adduced
does not support the special finding of the
existence of the required aggravating fac-
tor; or
‘‘(iii) other legal error requires rever-
sal of the sentence of death,
the court shall remand the case for reconsider-
ation 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 sen-
tence 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 At-
torney General until exhaustion of the procedures
for appeal of the judgment of conviction and for re-
view of the sentence. When the sentence is to be im-
plemented, 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 implementa-
tion 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 un-
derstand facts which would make the punish-
ment 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 re-
quired, as a condition of that employment, or con-
tractual obligation to be in attendance at or to par-
ticipate in any execution carried out under this sec-
tion if such participation is contrary to the moral or
religious convictions of the employee. For purposes
of this subsection, the term ‘participation in execu-
tions’ includes personal preparation of the con-
demned individual and the apparatus used for execu-
tion and supervision of the activities of other person-
nel 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.
‘‘§ 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 speci-
fied 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 man-
slaughter as defined in section 1112(a) of this title,
be fined under this title or imprisoned not more
than ten years, or both.
‘‘(1) to intimidate or coerce a civilian popu-
lation;
‘‘(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 mean-
ing as in section 101(b) of the Foreign Intelligence Sur-
veillance 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 in-
serting 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-TERROR-
IST 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-ter-
rorist 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 enforce-
ment agencies, to be administered by the Office of
Justice Programs in the Department of Justice, in
consultation with the Federal Bureau of Investiga-
tion, $25,000,000.
Æ
HR 1822 IH——2