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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Terrorist Death Pen-
alty 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: 
‘‘§ 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 of-
fense’ means— 
‘‘(1) a Federal felony offense that is— 
‘‘(A) a Federal crime of terrorism as de-
fined 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 para-
graph (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 fol-
lowing 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: 
‘‘§ 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 ben-
efit’ 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 Reconcili-
ation 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 ENACT-
MENT 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 com-
mitted 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 sec-
tions 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 Govern-
ment 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 hei-
nous, 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 add-
ing the limiting language ‘in that it involved torture or 
serious physical abuse to the victim’, and shall be con-
strued as when that term is used in section 3592(c)(6) 
of title 18, United States Code.’’. 
SEC. 104. ENSURING DEATH PENALTY FOR TERRORIST OF-
FENSES 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 TER-
RORIST ACCESS TO DESTRUC-
TIVE WEAPONS ACT 
SEC. 201. DEATH PENALTY FOR CERTAIN TERROR RE-
LATED 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.—Sec-
tion 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 in-
serting ‘‘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.—Sec-
tion 3592(a)(4) of title 18, United States Code, is amend-
ed— 
(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 cre-
ating 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 defend-
ant 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 fol-
lowing: 
‘‘(E) a new penalty hearing is necessary 
due to the inability of the jury to reach a unan-
imous penalty verdict as required by section 
3593(e); or’’. 
(e) JURIES
OF LESS THAN 12 MEMBERS.—Sub-
section (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 in-
serting 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 Govern-
ment, 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 in-
serting ‘‘9’’; and 
(2) in paragraph (4), by adding at the end the 
following: 
‘‘(C) SEVEN, EIGHT
OR
NINE
ALTER-
NATES.—Four additional peremptory challenges 
are permitted when seven, eight, or nine alter-
nates are impaneled.’’. 
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