I 

109TH CONGRESS 

1ST SESSION H. R. 1763 

To increase criminal penalties relating to terrorist murders, deny Federal 

benefits to terrorists, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 21, 2005 

Mr. CARTER (for himself, Mr. GREEN of Wisconsin, and Mr. GOHMERT) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To increase criminal penalties relating to terrorist murders, 

deny Federal benefits to 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 Penalties En5 hancement Act of 2005’’. 
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1 SEC. 2. PENALTIES FOR TERRORIST OFFENSES RESULTING 

2 IN DEATH; DENIAL OF FEDERAL BENEFITS TO 

3 TERRORISTS. 

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

5 States Code, is amended by adding at the end the fol6 lowing: 

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

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

26 a terrorist offense (as defined in section 2339E) shall, as 
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1 provided by the court on motion of the Government, be 

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

3 years or for life. 

4 ‘‘(b) As used in this section, the term ‘Federal ben5 efit’ has the meaning given that term in section 421(d) 

6 of the Controlled Substances Act, and also includes any 

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

8 Personal Responsibility and Work Opportunity Reconcili9 ation Act of 1996, with the same limitations and to the 

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

11 respect to denials of benefits and assistance to which that 

12 section applies.’’. 

13 (b) CONFORMING AMENDMENT TO TABLE OF SEC14 TIONS.—The table of sections at the beginning of the 

15 chapter 113B of title 18, United States Code, is amended 

16 by adding at the end the following new items: 

‘‘2339D. Terrorist offenses resulting in death. 

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

17 (c) AGGRAVATING FACTOR IN DEATH PENALTY

18 CASES.—Section 3592(c)(1) of title 18, United States 

19 Code, is amended by inserting ‘‘section 2339D (terrorist 

20 offenses resulting in death),’’ after ‘‘destruction),’’. 
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1 SEC. 3. DEATH PENALTY IN CERTAIN AIR PIRACY CASES 

2 OCCURRING BEFORE ENACTMENT OF THE 

3 FEDERAL DEATH PENALTY ACT OF 1994. 

4 Section 60003 of the Violent Crime Control and Law 

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

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

7 the end the following: 

8 ‘‘(c) DEATH PENALTY PROCEDURES FOR CERTAIN

9 PREVIOUS AIRCRAFT PIRACY VIOLATIONS.—An individual 

10 convicted of violating section 46502 of title 49, United 

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

12 in accordance with the procedures established in chapter 

13 228 of title 18, United States Code, if for any offense com14 mitted before the enactment of the Violent Crime Control 

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

16 but after the enactment of the Antihijacking Act of 1974 

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

18 fact, before consideration of the factors set forth in sec19 tions 3591(a)(2) and 3592(a) and (c) of title 18, United 

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

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

22 Code, or its predecessor, has been proven by the Govern23 ment to exist, beyond a reasonable doubt, and that none 

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

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

26 proven by the defendant to exist, by a preponderance of 
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1 the information. The meaning of the term ‘especially hei2 nous, cruel, or depraved’, as used in the factor set forth 

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

4 States Code, or its predecessor, shall be narrowed by add5 ing the limiting language ‘in that it involved torture or 

6 serious physical abuse to the victim’, and shall be con7 strued as when that term is used in section 3592(c)(6) 

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

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