I 

110TH CONGRESS 

1ST SESSION H. R. 1914 

To amend title 18, United States Code, to ensure the death penalty for 

terrorists, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 18, 2007 

Mr. CARTER (for himself, Mr. FORBES, Mr. CHABOT, Mr. POE, Mr. BURTON

of Indiana, Mr. LAMBORN, Mr. MILLER of Florida, Mr. BARRETT of 

South Carolina, Mr. HENSARLING, Mr. WAMP, Mr. SAM JOHNSON of 

Texas, Mr. BURGESS, Mr. PEARCE, Mr. REHBERG, Mrs. MUSGRAVE, Mr. 

NEUGEBAUER, Mrs. BLACKBURN, Mr. SESSIONS, Mr. BRADY of Texas, 

Mr. MCCAUL of Texas, Mr. BISHOP of Utah, Mr. GOHMERT, Mr. HAYES, 

Mr. MCHENRY, and Mr. CULBERSON) introduced the following bill; which 

was referred to the Committee on the Judiciary 

A BILL 

To amend title 18, United States Code, to ensure the death 

penalty for terrorists, and for other purposes. 

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 Act of 2007’’. 


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1 SEC. 2. ENSURING DEATH PENALTY FOR TERRORIST OF2 FENSES WHICH CREATE GRAVE RISK OF 

3 DEATH. 

4 (a) ADDITION OF TERRORISM TO DEATH PENALTY

5 OFFENSES NOT RESULTING IN DEATH.—Section 

6 3591(a)(1) of title 18, United States Code, is amended 

7 by inserting ‘‘, section 2339E,’’ after ‘‘section 794’’. 

8 (b) MODIFICATION OF AGGRAVATING FACTORS FOR

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

10 United States Code, is amended— 

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

12 after ‘‘espionage’’; and 

13 (2) by inserting immediately after paragraph 

14 (3) the following: 

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

16 committed the offense after substantial planning.’’. 

17 SEC. 3. MODIFICATION OF DEATH PENALTY PROVISIONS. 

18 (a) IMPANELING OF NEW JURY WHEN UNANIMOUS

19 RECOMMENDATION CANNOT BE REACHED.—Section 

20 3594 of title 18, United States Code, is amended by in21 serting after the first sentence the following: ‘‘If the jury 

22 is unable to reach any unanimous recommendation under 

23 section 3593(e), the court, upon motion by the Govern24 ment, may impanel a jury under section 3593(b)(2)(E) for 

25 a new sentencing hearing.’’. 


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1 (b) MODIFICATION OF MITIGATING FACTORS.—Sec2 tion 3592(a)(4) of title 18, United States Code, is amend3 ed— 

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

5 Government could have, but has not, sought the 

6 death penalty against another’’; and 

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

8 death’’. 

9 (c) MODIFICATION OF AGGRAVATING FACTORS FOR

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

11 title 18, United States Code, is amended— 

12 (1) in paragraph (7), by inserting ‘‘or by cre13 ating the expectation of payment,’’ after ‘‘or promise 

14 of payment,’’; 

15 (2) in paragraph (1), by inserting ‘‘section 

16 2339E (terrorist offenses resulting in death),’’ after 

17 ‘‘destruction),’’; 

18 (3) by inserting immediately after paragraph 

19 (16) the following: 

20 ‘‘(17) OBSTRUCTION OF JUSTICE.—The defend21 ant engaged in any conduct resulting in the death of 

22 another person in order to obstruct investigation or 

23 prosecution of any offense.’’. 


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1 (d) ADDITIONAL GROUND FOR IMPANELING NEW

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

3 Code, is amended— 

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

5 (C); 

6 (2) by inserting after subparagraph (D) the fol7 lowing: 

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

9 due to the inability of the jury to reach a unan10 imous penalty verdict as required by section 

11 3593(e); or’’. 

12 (e) JURIES OF LESS THAN 12 MEMBERS.—Sub13 section (b) of section 3593 of title 18, United States Code, 

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

15 through the end of the subsection and inserting ‘‘unless 

16 the court finds good cause, or the parties stipulate, with 

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

18 (f) PEREMPTORY CHALLENGES.—Rule 24(c) of the 

19 Federal Rules of Criminal Procedure is amended— 

20 (1) in paragraph (1), by striking ‘‘6’’ and in21 serting ‘‘9’’; and 

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

23 following: 

24 ‘‘(C) SEVEN, EIGHT OR NINE ALTER25 NATES.—Four additional peremptory challenges 


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1 are permitted when seven, eight, or nine alter2 nates are impaneled.’’. 

Æ 


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