The United States House of Representatives and Senate are trying to agree on different versions of the bill that re-authorizes the USA Patriot Act. Both sides have yet to agree on provisions that would increase the scope of the federal death penalty, including a House proposal to triple the number of federal crimes that qualify for the death penalty and other proposals increasing the likelihood that a death sentence will be imposed.

Currently, if all 12 jurors in a federal court cannot agree to impose a death sentence, a person is automatically sentenced to life in prison. The new addition to the Patriot Act would permit federal prosecutors multiple chances at a death sentence if at least one member of the jury voted for execution. In that case, prosecutors could empanel a new sentencing jury and argue again for the death penalty. Another amendment allows judges to reduce the size of the jury in death penalty cases. Federal law already permits prosecutors to exclude people who are opposed to the death penalty from juries that might hear death penalty cases.

None of these provisions appear in the Senate version of the Patriot Act. House and Senate negotiators will work out the differences and refer the final bill to the House and Senate for a final vote. 

Source: This news brief is based on information from the New York Times and Human Rights Watch: http://www.nytimes.com/2005/10/26/national/26sentence.html
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http://hrw.org/english/docs/2005/10/26/usdom11924.htm [2]