Page:United States Statutes at Large Volume 88 Part 1.djvu/457

 88 STAT. ]

PUBLIC LAW 93-366-AUG. 5, 1974

413

shall impose the sentence of death on the defendant if the jury or, if there is no jury, the court finds by a special verdict as provided in paragraph ^4) that— (A) the death of another person resulted from the commission of the offense but after the defendant had seized or exercised control of the aircraft; or " (B) the death of another person resulted from the commission or attempted commission of the offense, and— " (i) the defendant has been convicted of another Federal or State offense (committed either before or at the time of the commission or attempted commission of the offense) for which a sentence of life imprisonment or death was imposable; "(ii) the defendant has previously been convicted of two or more State or Federal offenses with a penalty of more than one year imprisonment (committed on different occasions before the time of the commission or attempted commission of the offense), involving the infliction of serious bodily injury upon another person; "(iii) in the commission or attempted commission of the offense, the defendant knowingly created a grave risk of death to another person in addition to the victim of the offense or attempted offense; or " (iv) the defendant committed or attempted to commit the offense in an especially heinous, cruel, or depraved manner.". SEC. 106. Title X I of such Act (49 U.S.C. 1501-1513) is amended by adding at the end thereof the following new sections: "SUSPENSION or A I R SERVICES

"SEC. 1114. (a) Whenever the President determines that a foreign foreign nations nation is acting in a manner inconsistent with the Convention for the groupt.^"°"^ Suppression of Unlawful Seizure of Aircraft, or if he determines that 49 USC 1514. a foreign nation permits the use of territory under its jurisdiction as a ^^ ^^^ '* ' base of operations or training or as a sanctuary for, or in any way arms, aids, or abets, any terrorist or.q:anization which knowingly uses the illegal seizure of aircraft or the threat thereof as an instrument of policy, he may, without notice or hearing and for as long as he determines necessary to assure the security of aircraft against unlawful seizure, suspend (1) the right of any air carrier or foreign air carrier to engage in foreign air transportation, and the right of any person to operate aircraft in foreign air commerce, to and from that foreign nation, and (2) the right of any foreign air carrier to engage in foreign air transportation, and the right of any foreign person to operate aircraft in foreign air commerce, between the United States and any foreign nation which maintains air service between itself and that foreign nation. Notwithstanding section 1102 of this Act, the President's "^^ ^^^ ^^°^" authority to suspend rights under this section shall be deemed to be a condition to any certificate of public convenience and necessity or foreign air carrier or foreign aircraft permit issued by the Civil Aeronautics Board and any air carrier operating certificate or foreign air carrier operating specification issued by the Secretary of Transportation. " (b) I t shall be unlawful for any air carrier or foreign air carrier to engage in foreign air transportation, or for any person to operate

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