S.266 - Comprehensive Counter-Terrorism Act of 1991102nd Congress (1991-1992)
|Sponsor:||Sen. Biden, Joseph R., Jr. [D-DE] (Introduced 01/24/1991)|
|Committees:||Senate - Judiciary|
|Latest Action:||Senate - 01/24/1991 Read twice and referred to the Committee on Judiciary. (All Actions)|
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Summary: S.266 — 102nd Congress (1991-1992)All Information (Except Text)
Introduced in Senate (01/24/1991)
Comprehensive Counter-Terrorism Act of 1991 - Title I: Punishing Domestic and International Terrorist Acts - Subtitle A: Terrorist Death Penalty Act of 1991 - Terrorist Death Penalty Act of 1991 - Amends the Federal criminal code to: (1) make it a Federal offense, punishable by up to life imprisonment, to commit terrorist acts against U.S. nationals abroad; and (2) authorize the imposition of the death penalty where terrorist acts against U.S. nationals result in first degree murder.
Sets forth procedures for the imposition of the death penalty, including provisions with respect to notice by the Government that it intends to seek the death penalty if the defendant is convicted, the conduct of the sentencing hearing, a list of mitigating and aggravating factors to be considered, proof of such factors, the return of findings, and procedures for appeal and review of a sentence of death.
Prohibits sentencing to death individuals who were under age 18 at the time of the offense, or carrying out a death sentence upon: (1) a woman while she is pregnant; (2) a person who is mentally retarded; or (3) a person who, as a result of mental disability, cannot understand the nature of the pending proceedings, what such person was tried for, or the reason for or nature of the punishment or who lacks the capacity to recognize or understand facts which would make the punishment unjust or unlawful or the ability to convey such information to counsel or to the court.
Sets forth provisions: (1) authorizing a U.S. marshal charged with supervising the implementation of a death sentence to use appropriate State or local facilities and employees to carry out such sentence and to pay costs in an amount approved by the Attorney General; and (2) prohibiting requiring any employee of a State department of corrections or the Federal Bureau of Prisons, or an employee providing services to such department or bureau under contract, as a condition of such employment or contractual obligation, to be in attendance at, or to participate in, any execution carried out under this Act.
Subtitle B: Terrorist Acts Committed in the United States - Authorizes the imposition of the death penalty for domestic terrorist acts that involve an individual acting as an agent of a foreign power and that result in first degree murder, and up to life imprisonment for acts that result in death that does not constitute first degree murder.
Sets forth penalties for attempts or conspiracy to kill (up to life imprisonment) and for engaging in physical violence that results in serious bodily injury (up to ten years imprisonment, a fine, or both.)
Specifies that, for purposes of this Act, a person possesses an intent to commit a terrorist act if such person intends to: (1) intimidate or coerce a civilian population; (2) influence the policy of a government by intimidation or coercion; or (3) affect the conduct of a government by assassination, kidnapping, or other violent act.
Subtitle C: Increasing Penalties for International Terrorist Acts - Increases the penalties for terrorist acts committed against U.S. nationals abroad.
Title II: Preventing Domestic and International Terrorist Acts - Subtitle A: Attacking the Infrastructure of Terrorist Organizations - Makes it a Federal criminal offense for an individual, acting as an agent of a foreign power, to provide material support or resources (including currency, securities, communications equipment, facilities, weapons, personnel, and other physical assets), or to conceal or disguise the nature, location, source, or ownership of such support or resources, knowing that such resources or support are intended to be used to commit a terrorist act.
Provides for the civil and criminal seizure and forfeiture of any real or personal property used to commit, or facilitate the commission of, terrorist acts.
Subtitle B: Electronic Communications - Expresses the sense of the Congress that providers of electronic communications services and manufacturers of electronic communications service equipment should ensure that communications systems permit the Government to obtain the plain text contents of voice, data, and other communications when appropriately authorized by law.
Subtitle C: Cooperation of Witnesses in Terrorist Investigations - Alien Witness Cooperation Act of 1991 - Authorizes the Attorney General to waive immigration admission, and other legal requirements and grant permanent resident status for alien witnesses who cooperate with the Government in Federal or State prosecutions. Bars the granting of such status to an alien who would be excluded because of felony convictions unless the Attorney General determines that the granting of such status to such alien is necessary in the interests of justice and comports with the safety of the community.
Limits the number of aliens and members of their immediate families entering the United States under such authority to 100 persons in any single fiscal year. Provides that the decision to grant or deny permanent resident status under this Act shall be at the discretion of the Attorney General and shall not be subject to judicial review.
Title III: Preventing Aviation Terrorism - Makes the willful violation of certain Federal Aviation Administration regulations relating to airport and airline security punishable by a fine, imprisonment for up to one year, or both.
Title IV: Preventing Economic Terrorism - Makes it a Federal criminal offense to counterfeit, or to make, deal, or possess any plate or other item used in the counterfeiting of, U.S. securities abroad.
Establishes an Economic Terrorism Task Force to: (1) assess the threat of terrorist actions directed against the U.S. economy and the adequacy of existing policies and procedures designed to prevent such actions; and (2) recommend administrative and legislative responses to prevent such actions.
Sets forth provisions: (1) regarding the makeup of such Task Force; (2) making provisions of the Federal Advisory Committee Act inapplicable to such Task Force; and (3) establishing reporting requirements. Specifies that if the report of the Task Force is classified, an unclassified version shall be prepared for public distribution.
Title V: Authorizations to Expand Counter-Terrorist Operations - Authorizes appropriations for counter-terrorist operations and programs.