I 

109TH CONGRESS 

1ST SESSION H. R. 3060 

To provide the death penalty for certain terrorism related crimes and make 

other modifications of law relating to the penalty of death. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 24, 2005 

Mr. CARTER (for himself and Mr. GREEN of Wisconsin) introduced the 

following bill; which was referred to the Committee on the Judiciary 

A BILL 

To provide the death penalty for certain terrorism related 

crimes and make other modifications of law relating to 

the penalty of death. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Terrorist Death Pen5 alty Enhancement Act of 2005’’. 
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1 TITLE I—TERRORIST PENALTIES 

2 ENHANCEMENT ACT 

3 SEC. 101. TERRORIST OFFENSE RESULTING IN DEATH. 

4 (a) NEW OFFENSE.—Chapter 113B of title 18, 

5 United States Code, is amended by adding at the end the 

6 following: 

7 ‘‘§ 2339E. Terrorist offenses resulting in death 

8 ‘‘(a) Whoever, in the course of committing a terrorist 

9 offense, engages in conduct that results in the death of 

10 a person, shall be punished by death or imprisoned for 

11 any term of years or for life. 

12 ‘‘(b) As used in this section, the term ‘terrorist of13 fense’ means— 

14 ‘‘(1) a Federal felony offense that is— 

15 ‘‘(A) a Federal crime of terrorism as de16 fined in section 2332b(g) except to the extent 

17 such crime is an offense under section 1363; or 

18 ‘‘(B) an offense under this chapter, section 

19 175, 175b, 229, or 831, or section 236 of the 

20 Atomic Energy Act of 1954; or 

21 ‘‘(2) a Federal offense that is an attempt or 

22 conspiracy to commit an offense described in para23 graph (1).’’. 

24 (b) CLERICAL AMENDMENT.—The table of sections 

25 at the beginning of chapter 113B of title 18, United 
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1 States Code, is amended by adding at the end the fol2 lowing new item: 

‘‘2339E. Terrorist offenses resulting in death.’’. 

3 SEC. 102. DENIAL OF FEDERAL BENEFITS TO TERRORISTS. 

4 (a) IN GENERAL.—Chapter 113B of title 18, United 

5 States Code, as amended by section 101 of this title, is 

6 further amended by adding at the end the following: 

7 ‘‘§ 2339F. Denial of Federal benefits to terrorists 

8 ‘‘(a) An individual or corporation who is convicted of 

9 a terrorist offense (as defined in section 2339E) shall, as 

10 provided by the court on motion of the Government, be 

11 ineligible for any or all Federal benefits for any term of 

12 years or for life. 

13 ‘‘(b) As used in this section, the term ‘Federal ben14 efit’ has the meaning given that term in section 421(d) 

15 of the Controlled Substances Act, and also includes any 

16 assistance or benefit described in section 115(a) of the 

17 Personal Responsibility and Work Opportunity Reconcili18 ation Act of 1996, with the same limitations and to the 

19 same extent as provided in section 115 of that Act with 

20 respect to denials of benefits and assistance to which that 

21 section applies.’’. 

22 (b) CLERICAL AMENDMENT.—The table of sections 

23 at the beginning of the chapter 113B of title 18, United 

24 States Code, as amended by section 101 of this title, is 
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1 further amended by adding at the end the following new 

2 item: 

‘‘2339E. Denial of Federal benefits to terrorists.’’. 

3 SEC. 103. DEATH PENALTY PROCEDURES FOR CERTAIN AIR 

4 PIRACY CASES OCCURRING BEFORE ENACT5 MENT OF THE FEDERAL DEATH PENALTY 

6 ACT OF 1994. 

7 Section 60003 of the Violent Crime Control and Law 

8 Enforcement Act of 1994, (Public Law 103–322), is 

9 amended, as of the time of its enactment, by adding at 

10 the end the following: 

11 ‘‘(c) DEATH PENALTY PROCEDURES FOR CERTAIN

12 PREVIOUS AIRCRAFT PIRACY VIOLATIONS.—An individual 

13 convicted of violating section 46502 of title 49, United 

14 States Code, or its predecessor, may be sentenced to death 

15 in accordance with the procedures established in chapter 

16 228 of title 18, United States Code, if for any offense com17 mitted before the enactment of the Violent Crime Control 

18 and Law Enforcement Act of 1994 (Public Law 103–322), 

19 but after the enactment of the Antihijacking Act of 1974 

20 (Public Law 93–366), it is determined by the finder of 

21 fact, before consideration of the factors set forth in sec22 tions 3591(a)(2) and 3592(a) and (c) of title 18, United 

23 States Code, that one or more of the factors set forth in 

24 former section 46503(c)(2) of title 49, United States 

25 Code, or its predecessor, has been proven by the Govern-
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1 ment to exist, beyond a reasonable doubt, and that none 

2 of the factors set forth in former section 46503(c)(1) of 

3 title 49, United States Code, or its predecessor, has been 

4 proven by the defendant to exist, by a preponderance of 

5 the information. The meaning of the term ‘especially hei6 nous, cruel, or depraved’, as used in the factor set forth 

7 in former section 46503(c)(2)(B)(iv) of title 49, United 

8 States Code, or its predecessor, shall be narrowed by add9 ing the limiting language ‘in that it involved torture or 

10 serious physical abuse to the victim’, and shall be con11 strued as when that term is used in section 3592(c)(6) 

12 of title 18, United States Code.’’. 

13 SEC. 104. ENSURING DEATH PENALTY FOR TERRORIST OF14 FENSES WHICH CREATE GRAVE RISK OF 

15 DEATH. 

16 (a) ADDITION OF TERRORISM TO DEATH PENALTY

17 OFFENSES NOT RESULTING IN DEATH.—Section 

18 3591(a)(1) of title 18, United States Code, is amended 

19 by inserting ‘‘, section 2339D,’’ after ‘‘section 794’’. 

20 (b) MODIFICATION OF AGGRAVATING FACTORS FOR

21 TERRORISM OFFENSES.—Section 3592(b) of title 18, 

22 United States Code, is amended— 

23 (1) in the heading, by inserting ‘‘, terrorism,’’ 

24 after ‘‘espionage’’; and 
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1 (2) by inserting immediately after paragraph 

2 (3) the following: 

3 ‘‘(4) SUBSTANTIAL PLANNING.—The defendant 

4 committed the offense after substantial planning.’’. 

5 TITLE II—PREVENTION OF TER6 RORIST ACCESS TO DESTRUC7 TIVE WEAPONS ACT 

8 SEC. 201. DEATH PENALTY FOR CERTAIN TERROR RE9 LATED CRIMES. 

10 (a) PARTICIPATION IN NUCLEAR AND WEAPONS OF

11 MASS DESTRUCTION THREATS TO THE UNITED

12 STATES.—Section 832(c) of title 18, United States Code, 

13 is amended by inserting ‘‘punished by death or’’ after 

14 ‘‘shall be’’. 

15 (b) MISSILE SYSTEMS TO DESTROY AIRCRAFT.—Sec16 tion 2332g(c)(3) of title 18, United States Code, is 

17 amended by inserting ‘‘punished by death or’’ after ‘‘shall 

18 be’’. 

19 (c) ATOMIC WEAPONS.—Section 222b. of the Atomic 

20 Energy Act of 1954 (42 U.S.C. 2272) is amended by in21 serting ‘‘death or’’ before ‘‘imprisonment for life’’. 

22 (d) RADIOLOGICAL DISPERSAL DEVICES.—Section 

23 2332h(c)(3) of title 18, United States Code, is amended 

24 by inserting ‘‘death or’’ before ‘‘imprisonment for life’’. 
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1 (e) VARIOLA VIRUS.—Section 175c(c)(3) of title 18, 

2 United States Code, is amended by inserting ‘‘death or’’ 

3 before ‘‘imprisonment for life’’. 

4 TITLE III—FEDERAL DEATH 

5 PENALTY PROCEDURES 

6 SEC. 301. MODIFICATION OF DEATH PENALTY PROVISIONS. 

7 (a) ELIMINATION OF PROCEDURES APPLICABLE

8 ONLY TO CERTAIN CONTROLLED SUBSTANCES ACT

9 CASES.—Section 408 of the Controlled Substances Act 

10 (21 U.S.C. 848) is amended by striking subsection (g) and 

11 all that follows through subsection (r). 

12 (b) MODIFICATION OF MITIGATING FACTORS.—Sec13 tion 3592(a)(4) of title 18, United States Code, is amend14 ed— 

15 (1) by striking ‘‘Another’’ and inserting ‘‘The 

16 Government could have, but has not, sought the 

17 death penalty against another’’; and 

18 (2) by striking ‘‘, will not be punished by 

19 death’’. 

20 (c) MODIFICATION OF AGGRAVATING FACTORS FOR

21 OFFENSES RESULTING IN DEATH.—Section 3592(c) of 

22 title 18, United States Code, is amended— 

23 (1) in paragraph (7), by inserting ‘‘or by cre24 ating the expectation of payment,’’ after ‘‘or promise 

25 of payment,’’; 
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1 (2) in paragraph (1), by inserting ‘‘section 

2 2339D (terrorist offenses resulting in death),’’ after 

3 ‘‘destruction),’’; 

4 (3) by inserting immediately after paragraph 

5 (16) the following: 

6 ‘‘(17) OBSTRUCTION OF JUSTICE.—The defend7 ant engaged in any conduct resulting in the death of 

8 another person in order to obstruct investigation or 

9 prosecution of any offense.’’. 

10 (d) ADDITIONAL GROUND FOR IMPANELING NEW

11 JURY.—Section 3593(b)(2) of title 18, United States 

12 Code, is amended— 

13 (1) by striking ‘‘or’’ at the end of subparagraph 

14 (C); 

15 (2) by inserting after subparagraph (D) the fol16 lowing: 

17 ‘‘(E) a new penalty hearing is necessary 

18 due to the inability of the jury to reach a unan19 imous penalty verdict as required by section 

20 3593(e); or’’. 

21 (e) JURIES OF LESS THAN 12 MEMBERS.—Sub22 section (b) of section 3593 of title 18, United States Code, 

23 is amended by striking ‘‘unless’’ and all that follows 

24 through the end of the subsection and inserting ‘‘unless 
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1 the court finds good cause, or the parties stipulate, with 

2 the approval of the court, a lesser number.’’. 

3 (f) IMPANELING OF NEW JURY WHEN UNANIMOUS

4 RECOMMENDATION CANNOT BE REACHED.—Section 

5 3594 of title 18, United States Code, is amended by in6 serting after the first sentence the following: ‘‘If the jury 

7 is unable to reach any unanimous recommendation under 

8 section 3593(e), the court, upon motion by the Govern9 ment, may impanel a jury under section 3593(b)(2)(E) for 

10 a new sentencing hearing.’’. 

11 (g) PEREMPTORY CHALLENGES.—Rule 24(c) of the 

12 Federal Rules of Criminal Procedure is amended— 

13 (1) in paragraph (1), by striking ‘‘6’’ and in14 serting ‘‘9’’; and 

15 (2) in paragraph (4), by adding at the end the 

16 following: 

17 ‘‘(C) SEVEN, EIGHT OR NINE ALTER18 NATES.—Four additional peremptory challenges 

19 are permitted when seven, eight, or nine alter20 nates are impaneled.’’. 

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