Federal Death Penalty Act of 1991

Federal Death Penalty Act of 1991 - Amends the Federal criminal code (and provisions of the Controlled Substances Act and the Federal Aviation Act) to provide for the imposition of the death penalty for specified Federal crimes including those involving: (1) presidential assassinations, assassinations of the Vice President, President- and Vice President-elect, and engaging in conduct in the course of an attempted assassination resulting in serious bodily injury to such officials; (2) killings of Members of Congress, the Cabinet, or the Supreme Court; (3) killings of foreign officials; (4) killings of Federal judges and certain law enforcement officers; (5) killings of Federal witnesses; (6) killings of victims of a kidnapping or hostage taking; (7) contract murders; (8) terrorism; (9) skyjacking; (10) killings involving a "continuing criminal conspiracy"; (11) mailbombing; (12) killings involving the destruction of aircraft or aircraft facilities; (13) killings involving the destruction of motor vehicles or motor vehicle facilities; (14) killings involving the transportation of explosives; (15) murder, with a possible exception involving murders in Indian country; (16) murder by a Federal prisoner; (17) violent crimes in aid of racketeering activity; (18) trainwrecking; (19) killings involving bank robbery and incidental crimes; and (20) genocide.

Sets forth procedures for the handling of death penalty cases. Requires: (1) the Government to file with the court and serve notice upon the defendant, a reasonable time before trial or acceptance of a plea, that it intends to seek the death penalty and the aggravating factors upon which it will rely; and (2) the court to consider any aggravating factors the Government gives notice of that are not specifically listed in this Act as aggravating factors.

Bars: (1) the Government from seeking to prove as part of the basis for the death penalty any factor the court considers unless the court approves the Government's doing so; (2) the court from approving such a factor unless, after a hearing that is completed before the sentencing phase of the trial begins, the court determines that the proposed aggravating factors address the nature of the crime or the character of the defendant so as to narrow the class of persons eligible for the death penalty and justify its imposition on this particular defendant; and (3) appeal by the United States from a court decision or order disapproving such a factor.

Requires the trial to be divided into two phases: (1) the first to determine the guilt or innocence of the defendant; and (2) the second to determine sentencing. Directs the judge who presided at the first phase, or another judge if that judge is unavailable, to conduct the second phase (hearing to determine punishment.) Specifies that no presentence report shall be prepared by the U.S. Probation Service before such a hearing.

Directs that the hearing be conducted: (1) before the jury that determined the defendant's guilt; (2) before a jury impaneled for the purpose of such hearing if the defendant was convicted upon a plea of guilty, by the court sitting without a jury, or where the jury that convicted the defendant was discharged for good cause or after initial imposition (or reconsideration) of a sentence; and (3) before the court alone, upon motion of the defendant and with the approval of the attorney for the Government.

Sets forth: (1) lists of, and standards of proof for finding the existence of, mitigating and aggravating factors; and (2) requirements for special findings by the jury (or the court, if there is no jury) concerning such factors.

Requires the court to instruct the jury: (1) not to consider the race, color, national origin, creed, or sex of the defendant or any victim in its consideration of the sentence; and (2) that it is not required to return a death sentence.

Requires the court to: (1) impose the death sentence if it finds that the evidence supports the jury's findings regarding the existence of, and the jury's weighing of, the aggravating factors against the mitigating factors, and that the jury's decision was not the result of passion or prejudice; and (2) affirm the jury's decision unless the court finds that no reasonable juror could have reasonably found as the jury did. Authorizes the court to impose other sentences, including life imprisonment without the possibility of release or furlough, where appropriate.

Bars: (1) the imposition or carrying out of the death penalty against an individual who had not attained age 18 at the time of the offense, or who is mentally retarded or incompetent; and (2) carrying out such a sentence upon a pregnant woman.

Sets forth procedures for appeal of a death sentence.

Prohibits requiring any employee of any State department of corrections, the Federal Bureau of Prisons, or any provider of services under contract to participate in any execution if contrary to his or her moral or religious convictions.

Authorizes the use of State facilities to carry out the death sentence.