Terrorist Death Penalty Act of 1991

Terrorist Death Penalty Act of 1991 - Amends the Federal criminal code to authorize the imposition of the death penalty for any individual who kills a U.S. national while such national is outside the United States, if the killing is a first degree murder. Increases penalties for killings other than first degree murders.

Sets forth procedures for the imposition of the death penalty. Requires that a defendant be sentenced to death for a death-eligible offense if, after consideration of specified mitigating and aggravating factors at a special hearing the defendant is found, beyond a reasonable doubt, to have: (1) intentionally killed the victim; (2) intentionally participated in an act, contemplating that the life of a person would be taken or intending that lethal force would be used in connection with a person, other than one of the participants in the offense, and the victim died as a result of the act; or (3) acting with reckless disregard for human life, engaged or substantially participated in conduct which the defendant knew would create a grave risk of death to another person or persons and death resulted from such conduct.

Sets forth provisions with respect to notice by the Government that it intends to seek the death penalty if the defendant is convicted, the conduct of a special hearing to determine whether a sentence of death is justified, 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.

Requires the court, in a hearing held before a jury, to instruct the jury that, in considering whether a death sentence is justified, it shall not consider the race, color, religious beliefs, national origin, or sex of the defendant or any victim.

Authorizes the use of State or local facilities and employees to carry out the death penalty.

Prohibits 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 title if such participation is contrary to the employee's moral or religious convictions.

Specifies that where a sentence of death is not imposed, the court may impose a sentence of life imprisonment without the possibility of release or furlough.

Prohibits carrying out a death sentence upon a person: (1) who was under age 18 at the time the crime was committed; (2) who is mentally retarded; (3) 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; or (4) a woman while she is pregnant.

Sets forth provisions with respect to the appointment of counsel for indigent defendants in Federal capital cases. Establishes standards for the competence of counsel. Specifies that the ineffectiveness or incompetence of counsel during habeas corpus proceedings in a capital case shall not be a ground for relief from the judgment or sentence in any proceeding (but does not preclude the appointment of different counsel at any stage of the proceedings).

Sets forth additional provisions with respect to: (1) the appointment of counsel in State capital cases; (2) time limits for a collateral attack on a judgment imposing a sentence of death; and (3) stays of execution.