mr. chairman , i yield myself such time as i may consume . 
mr. chairman , i rise in support of my amendment , the terrorist death penalty enhancement act . 
this measure is a much needed reform for our federal criminal statutes to ensure that the death penalty is available to deter and punish the most heinous crime in our country . 
we must remain vigilant and united in sending out one clear message to the terrorists ; if you attack our country or threaten our national security and we apprehend you , we will seek the ultimate penalty , the death penalty , against you . 
this amendment makes needed reforms to ensure that such punishment is carried out and is applied fairly , and is applied swiftly when the facts justify the punishment . 
many of these same provisions were overwhelmingly passed by this house last year as part of the 9/11 recommendations implementation act , but removed during conference with the senate . 
as a former state district judge for over 20 years i have presided over five capital murder cases , three of which resulted in the death penalty . 
i have a unique perspective on the criminal justice system and i understand the importance of safety and the need for america to be tough on its criminals . 
we must protect our neighborhoods from the threat of violent crimes which , unfortunately , in today 's world , includes the threat of terrorist attacks . 
congress must act to protect u.s. citizens from such attacks and to bring justice to those who threaten our freedom . 
it is unimaginable to think that a convicted terrorist responsible for american deaths could serve his sentence and be released back on the american streets free to act as he chooses . 
my straightforward legislation will make any terrorist who kills eligible for the federal death penalty . 
this legislation will also deny these same terrorists any federal benefits they otherwise may be eligible to receive . 
in my experience as a judge , i have witnessed the death penalty used as an important tool in deterring crime and saving lives . 
i believe it is also an instrument that can deter acts of terrorism and serves as a tool for prosecutors in negotiating sentences . 
first , my amendment adds a new criminal provision to impose the death penalty to any terrorist who , while committing a terrorist offense , engages in conduct that results in the death of an individual . 
second , my amendment provides procedures for the death penalty prosecution of air piracy crimes committed before the 1994 federal death penalty act . 
third , my amendment treats terrorist offenses similar to treason and espionage cases so that the government need only prove that such offense created a grave risk of death and did not actually result in the death of a person . 
for example , consider a terrorist attack as we saw today in london , where a terrorist is carrying a deadly weapon , could be a radiological weapon or device , and prior to the total detonation of that bomb killing innocent civilians , he is caught by the authorities and they prevent that attack . 
under this bill he could face the ultimate penalty of death . 
in addition to these commonsense reforms , my amendment also authorizes the death penalty for killing that results from participation in nuclear weapons and weapons of mass destruction threats against the united states , missile systems to destroy aircraft , atomic weapons under the atomic energy act . 
now , with the authorization of these new death penalties i have added some commonsense clarification to the federal death penalty which is supported by the justice department . 
let me highlight three of these . 
first , my amendment adds a new statutory aggravating factor for obstruction of justice and in particular the killing of any person which is aimed at obstructing any investigation or prosecution . 
second , my amendment clarifies that juries must reach a unanimous sentencing verdict one way or the other for life imprisonment or for death . 
if the jury does not reach a unanimous sentencing verdict then the government may seek a new sentencing hearing . 
third , my amendment authorizes a judge to proceed with a death penalty case with less than 12 jurors if the excusal of the 12th juror is justified by good cause . 
there is simply no reason to make witnesses testify , juries sit again after a long and complex trial when a juror for some reason becomes sick or for some reason is unable to serve . 
mr. chairman , i reserve the balance of my time . 
