To provide the death penalty for certain terrorism related crimes and make other modifications of law relating to the penalty of death.

Summary: Terrorist Death Penalty Enhancement Act of 2005 - Amends the federal criminal code to apply the death penalty or life imprisonment for a terrorist offense that results in the death of a person. Makes an individual or corporation convicted of a terrorist offense ineligible for federal benefits for any term of years or for life.

Amends the Violent Crime Control and Law Enforcement Act of 1994 to make the death penalty available in certain air piracy cases occurring before enactment of the Federal Death Penalty Act of 1994 but after enactment of the Antihijacking Act of 1974. Narrows the language of "especially heinous, cruel, or depraved" by requiring that the act involved torture or serious physical abuse to the victim.

Includes among aggravating factors for espionage, treason, and terrorism for which the death penalty may be imposed that the defendant committed the offense after substantial planning. Authorizes imposition of the death penalty for specified terrorism-related offenses, including an offense involving the use of a radiological dispersal device or the variola virus.

Modifies death penalty procedures, including by adding as an aggravating factor for homicide for which the death penalty may be imposed that the defendant engaged in any conduct resulting in the death of another person in order to obstruct the investigation or prosecution of any offense. Authorizes impaneling a new jury when a unanimous recommendation cannot be reached. Permits four additional peremptory challenges when seven, eight, or nine alternates are impaneled.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Terrorist Death Penalty Enhancement 
Act of 2005''.

              TITLE I--TERRORIST PENALTIES ENHANCEMENT ACT

SEC. 101. TERRORIST OFFENSE RESULTING IN DEATH.

    (a) New Offense.--Chapter 113B of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 2339E. Terrorist offenses resulting in death
    ``(a) Whoever, in the course of committing a terrorist offense, 
engages in conduct that results in the death of a person, shall be 
punished by death or imprisoned for any term of years or for life.
    ``(b) As used in this section, the term `terrorist offense' means--
            ``(1) a Federal felony offense that is--
                    ``(A) a Federal crime of terrorism as defined in 
                section 2332b(g) except to the extent such crime is an 
                offense under section 1363; or
                    ``(B) an offense under this chapter, section 175, 
                175b, 229, or 831, or section 236 of the Atomic Energy 
                Act of 1954; or
            ``(2) a Federal offense that is an attempt or conspiracy to 
        commit an offense described in paragraph (1).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 113B of title 18, United States Code, is amended by adding at 
the end the following new item:

``2339E. Terrorist offenses resulting in death.''.

SEC. 102. DENIAL OF FEDERAL BENEFITS TO TERRORISTS.

    (a) In General.--Chapter 113B of title 18, United States Code, as 
amended by section 101 of this title, is further amended by adding at 
the end the following:
``Sec. 2339F. Denial of Federal benefits to terrorists
    ``(a) An individual or corporation who is convicted of a terrorist 
offense (as defined in section 2339E) shall, as provided by the court 
on motion of the Government, be ineligible for any or all Federal 
benefits for any term of years or for life.
    ``(b) As used in this section, the term `Federal benefit' has the 
meaning given that term in section 421(d) of the Controlled Substances 
Act, and also includes any assistance or benefit described in section 
115(a) of the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996, with the same limitations and to the same 
extent as provided in section 115 of that Act with respect to denials 
of benefits and assistance to which that section applies.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
the chapter 113B of title 18, United States Code, as amended by section 
101 of this title, is further amended by adding at the end the 
following new item:

``2339E. Denial of Federal benefits to terrorists.''.

SEC. 103. DEATH PENALTY PROCEDURES FOR CERTAIN AIR PIRACY CASES 
              OCCURRING BEFORE ENACTMENT OF THE FEDERAL DEATH PENALTY 
              ACT OF 1994.

    Section 60003 of the Violent Crime Control and Law Enforcement Act 
of 1994, (Public Law 103-322), is amended, as of the time of its 
enactment, by adding at the end the following:
    ``(c) Death Penalty Procedures for Certain Previous Aircraft Piracy 
Violations.--An individual convicted of violating section 46502 of 
title 49, United States Code, or its predecessor, may be sentenced to 
death in accordance with the procedures established in chapter 228 of 
title 18, United States Code, if for any offense committed before the 
enactment of the Violent Crime Control and Law Enforcement Act of 1994 
(Public Law 103-322), but after the enactment of the Antihijacking Act 
of 1974 (Public Law 93-366), it is determined by the finder of fact, 
before consideration of the factors set forth in sections 3591(a)(2) 
and 3592(a) and (c) of title 18, United States Code, that one or more 
of the factors set forth in former section 46503(c)(2) of title 49, 
United States Code, or its predecessor, has been proven by the 
Government to exist, beyond a reasonable doubt, and that none of the 
factors set forth in former section 46503(c)(1) of title 49, United 
States Code, or its predecessor, has been proven by the defendant to 
exist, by a preponderance of the information. The meaning of the term 
`especially heinous, cruel, or depraved', as used in the factor set 
forth in former section 46503(c)(2)(B)(iv) of title 49, United States 
Code, or its predecessor, shall be narrowed by adding the limiting 
language `in that it involved torture or serious physical abuse to the 
victim', and shall be construed as when that term is used in section 
3592(c)(6) of title 18, United States Code.''.

SEC. 104. ENSURING DEATH PENALTY FOR TERRORIST OFFENSES WHICH CREATE 
              GRAVE RISK OF DEATH.

    (a) Addition of Terrorism to Death Penalty Offenses not Resulting 
in Death.--Section 3591(a)(1) of title 18, United States Code, is 
amended by inserting ``, section 2339D,'' after ``section 794''.
    (b) Modification of Aggravating Factors for Terrorism Offenses.--
Section 3592(b) of title 18, United States Code, is amended--
            (1) in the heading, by inserting ``, terrorism,'' after 
        ``espionage''; and
            (2) by inserting immediately after paragraph (3) the 
        following:
            ``(4) Substantial planning.--The defendant committed the 
        offense after substantial planning.''.

  TITLE II--PREVENTION OF TERRORIST ACCESS TO DESTRUCTIVE WEAPONS ACT

SEC. 201. DEATH PENALTY FOR CERTAIN TERROR RELATED CRIMES.

    (a) Participation in Nuclear and Weapons of Mass Destruction 
Threats to the United States.--Section 832(c) of title 18, United 
States Code, is amended by inserting ``punished by death or'' after 
``shall be''.
    (b) Missile Systems to Destroy Aircraft.--Section 2332g(c)(3) of 
title 18, United States Code, is amended by inserting ``punished by 
death or'' after ``shall be''.
    (c) Atomic Weapons.--Section 222b. of the Atomic Energy Act of 1954 
(42 U.S.C. 2272) is amended by inserting ``death or'' before 
``imprisonment for life''.
    (d) Radiological Dispersal Devices.--Section 2332h(c)(3) of title 
18, United States Code, is amended by inserting ``death or'' before 
``imprisonment for life''.
    (e) Variola Virus.--Section 175c(c)(3) of title 18, United States 
Code, is amended by inserting ``death or'' before ``imprisonment for 
life''.

              TITLE III--FEDERAL DEATH PENALTY PROCEDURES

SEC. 301. MODIFICATION OF DEATH PENALTY PROVISIONS.

    (a) Elimination of Procedures Applicable Only to Certain Controlled 
Substances Act Cases.--Section 408 of the Controlled Substances Act (21 
U.S.C. 848) is amended by striking subsection (g) and all that follows 
through subsection (r).
    (b) Modification of Mitigating Factors.--Section 3592(a)(4) of 
title 18, United States Code, is amended--
            (1) by striking ``Another'' and inserting ``The Government 
        could have, but has not, sought the death penalty against 
        another''; and
            (2) by striking ``, will not be punished by death''.
    (c) Modification of Aggravating Factors for Offenses Resulting in 
Death.--Section 3592(c) of title 18, United States Code, is amended--
            (1) in paragraph (7), by inserting ``or by creating the 
        expectation of payment,'' after ``or promise of payment,'';
            (2) in paragraph (1), by inserting ``section 2339D 
        (terrorist offenses resulting in death),'' after 
        ``destruction),'';
            (3) by inserting immediately after paragraph (16) the 
        following:
            ``(17) Obstruction of justice.--The defendant engaged in 
        any conduct resulting in the death of another person in order 
        to obstruct investigation or prosecution of any offense.''.
    (d) Additional Ground for Impaneling New Jury.--Section 3593(b)(2) 
of title 18, United States Code, is amended--
            (1) by striking ``or'' at the end of subparagraph (C);
            (2) by inserting after subparagraph (D) the following:
                    ``(E) a new penalty hearing is necessary due to the 
                inability of the jury to reach a unanimous penalty 
                verdict as required by section 3593(e); or''.
    (e) Juries of Less Than 12 Members.--Subsection (b) of section 3593 
of title 18, United States Code, is amended by striking ``unless'' and 
all that follows through the end of the subsection and inserting 
``unless the court finds good cause, or the parties stipulate, with the 
approval of the court, a lesser number.''.
    (f) Impaneling of New Jury When Unanimous Recommendation Cannot Be 
Reached.--Section 3594 of title 18, United States Code, is amended by 
inserting after the first sentence the following: ``If the jury is 
unable to reach any unanimous recommendation under section 3593(e), the 
court, upon motion by the Government, may impanel a jury under section 
3593(b)(2)(E) for a new sentencing hearing.''.
    (g) Peremptory Challenges.--Rule 24(c) of the Federal Rules of 
Criminal Procedure is amended--
            (1) in paragraph (1), by striking ``6'' and inserting 
        ``9''; and
            (2) in paragraph (4), by adding at the end the following:
                    ``(C) Seven, eight or nine alternates.--Four 
                additional peremptory challenges are permitted when 
                seven, eight, or nine alternates are impaneled.''.