II 

108TH CONGRESS 

2D SESSION S. 2664 

To combat terrorism, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 15, 2004 

Mr. CORNYN introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To combat terrorism, 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 ‘‘Prevention of Terrorist 

5 Access to Destructive Weapons Act of 2004’’. 

6 SEC. 2. FINDINGS AND PURPOSE. 

7 (a) FINDINGS.—Congress finds the following: 

8 (1) The criminal use of man-portable air de9 fense systems (MANPADS) presents a serious 

10 threat to civil aviation worldwide, especially in the 

11 hands of terrorists or foreign states that harbor 

12 them. 
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1 (2) Atomic weapons or weapons designed to re2 lease radiation (‘‘dirty bombs’’) could be used by ter3 rorists to inflict enormous loss of life and damage to 

4 property and the environment. 

5 (3) Variola virus is the causative agent of 

6 smallpox, an extremely serious, contagious, and 

7 sometimes fatal disease. Variola virus is classified as 

8 a Category A agent by the Centers for Disease Con9 trol and Prevention, meaning that it is believed to 

10 pose the greatest potential threat for adverse public 

11 health impact and has a moderate to high potential 

12 for large-scale dissemination. The last case of small13 pox in the United States was in 1949. The last nat14 urally occurring case in the world was in Somalia in 

15 1977. Although smallpox has been officially eradi16 cated after a successful worldwide vaccination pro17 gram, there remain two official repositories of the 

18 variola virus for research purposes. Because it is so 

19 dangerous, the variola virus may appeal to terror20 ists. 

21 (4) The use, or even the threatened use, of 

22 MANPADS, atomic or radiological weapons, or the 

23 variola virus, against the United States, its allies, or 

24 its people, poses a grave risk to the security, foreign 

25 policy, economy, and environment of the United 
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1 States. Accordingly, the United States has a compel2 ling national security interest in preventing unlawful 

3 activities that lead to the proliferation or spread of 

4 such items, including their unauthorized production, 

5 construction, acquisition, transfer, possession, im6 port, or export. All of these activities markedly in7 crease the chances that such items will be obtained 

8 by terrorist organizations or rogue states, which 

9 could use them to attack the United States, its al10 lies, or United States nationals or corporations. 

11 (5) There is no legitimate reason for a private 

12 individual or company, absent explicit government 

13 authorization, to produce, construct, otherwise ac14 quire, transfer, receive, possess, import, export, or 

15 use MANPADS, atomic or radiological weapons, or 

16 the variola virus. 

17 (b) PURPOSE.—The purpose of this Act is to combat 

18 the potential use of weapons that have the ability to cause 

19 widespread harm to United States persons and the United 

20 States economy (and that have no legitimate private use) 

21 and to threaten or harm the national security or foreign 

22 relations of the United States. 
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1 SEC. 3. MISSILE SYSTEMS DESIGNED TO DESTROY AIR2 CRAFT. 

3 Chapter 113B of title 18, United States Code, is 

4 amended by adding after section 2332f the following: 

5 ‘‘§ 2332g. Missile systems designed to destroy aircraft 

6 ‘‘(a) UNLAWFUL CONDUCT.— 

7 ‘‘(1) IN GENERAL.—Except as provided in para8 graph (3), it shall be unlawful for any person to 

9 knowingly produce, construct, otherwise acquire, 

10 transfer directly or indirectly, receive, possess, im11 port, export, or use, or possess and threaten to 

12 use— 

13 ‘‘(A) an explosive or incendiary rocket or 

14 missile that is guided by any system designed to 

15 enable the rocket or missile to— 

16 ‘‘(i) seek or proceed toward energy ra17 diated or reflected from an aircraft or to18 ward an image locating an aircraft; or 

19 ‘‘(ii) otherwise direct or guide the 

20 rocket or missile to an aircraft; 

21 ‘‘(B) any device designed or intended to 

22 launch or guide a rocket or missile described in 

23 subparagraph (A); or 

24 ‘‘(C) any part or combination of parts de25 signed or redesigned for use in assembling or 
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1 fabricating a rocket, missile, or device described 

2 in subparagraph (A) or (B). 

3 ‘‘(2) NONWEAPON.—Paragraph (1)(A) does not 

4 apply to any device that is neither designed nor re5 designed for use as a weapon. 

6 ‘‘(3) EXCLUDED CONDUCT.—This subsection 

7 does not apply with respect to— 

8 ‘‘(A) conduct by or under the authority of 

9 the United States or any department or agency 

10 thereof or of a State or any department or 

11 agency thereof; or 

12 ‘‘(B) conduct pursuant to the terms of a 

13 contract with the United States or any depart14 ment or agency thereof or with a State or any 

15 department or agency thereof. 

16 ‘‘(b) JURISDICTION.—Conduct prohibited by sub17 section (a) is within the jurisdiction of the United States 

18 if— 

19 ‘‘(1) the offense occurs in or affects interstate 

20 or foreign commerce; 

21 ‘‘(2) the offense occurs outside of the United 

22 States and is committed by a national of the United 

23 States; 
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1 ‘‘(3) the offense is committed against a national 

2 of the United States while the national is outside the 

3 United States; 

4 ‘‘(4) the offense is committed against any prop5 erty that is owned, leased, or used by the United 

6 States or by any department or agency of the United 

7 States, whether the property is within or outside the 

8 United States; or 

9 ‘‘(5) an offender aids or abets any person over 

10 whom jurisdiction exists under this subsection in 

11 committing an offense under this section or con12 spires with any person over whom jurisdiction exists 

13 under this subsection to commit an offense under 

14 this section. 

15 ‘‘(c) CRIMINAL PENALTIES.— 

16 ‘‘(1) IN GENERAL.—Any person who violates, or 

17 attempts or conspires to violate, subsection (a) shall 

18 be fined not more than $2,000,000 and shall be sen19 tenced to a term of imprisonment not less than 30 

20 years or to imprisonment for life. 

21 ‘‘(2) LIFE IMPRISONMENT.—Any person who, 

22 in the course of a violation of subsection (a), uses, 

23 attempts or conspires to use, or possesses and 

24 threatens to use, any item or items described in sub-
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1 section (a), shall be fined not more than $2,000,000 

2 and imprisoned for life. 

3 ‘‘(3) DEATH PENALTY.—If the death of another 

4 results from a person’s violation of subsection (a), 

5 the person shall be fined not more than $2,000,000 

6 and punished by death or imprisoned for life. 

7 ‘‘(d) DEFINITION.—As used in this section, the term 

8 ‘aircraft’ has the definition set forth in section 

9 40102(a)(6) of title 49, United States Code.’’. 

10 SEC. 4. ATOMIC WEAPONS. 

11 (a) PROHIBITIONS.—Section 92 of the Atomic En12 ergy Act of 1954 (42 U.S.C. 2122) is amended by— 

13 (1) inserting at the beginning ‘‘a.’’ before ‘‘It’’; 

14 (2) inserting ‘‘knowingly’’ after ‘‘for any person 

15 to’’; 

16 (3) striking ‘‘or’’ before ‘‘export’’; 

17 (4) striking ‘‘transfer or receive in interstate or 

18 foreign commerce,’’ before ‘‘manufacture’’; 

19 (5) inserting ‘‘receive,’’ after ‘‘acquire,’’; 

20 (6) inserting ‘‘, or use, or possess and threaten 

21 to use,’’ before ‘‘any atomic weapon’’; 

22 (7) inserting at the end the following: 

23 ‘‘b. Conduct prohibited by subsection a. is within the 

24 jurisdiction of the United States if— 
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1 ‘‘(1) the offense occurs in or affects interstate 

2 or foreign commerce; the offense occurs outside of 

3 the United States and is committed by a national of 

4 the United States; 

5 ‘‘(2) the offense is committed against a national 

6 of the United States while the national is outside the 

7 United States; 

8 ‘‘(3) the offense is committed against any prop9 erty that is owned, leased, or used by the United 

10 States or by any department or agency of the United 

11 States, whether the property is within or outside the 

12 United States; or 

13 ‘‘(4) an offender aids or abets any person over 

14 whom jurisdiction exists under this subsection in 

15 committing an offense under this section or con16 spires with any person over whom jurisdiction exists 

17 under this subsection to commit an offense under 

18 this section.’’. 

19 (b) VIOLATIONS.—Section 222 of the Atomic Energy 

20 Act of 1954 (42 U.S.C. 2272) is amended by— 

21 (1) inserting at the beginning ‘‘a.’’ before 

22 ‘‘Whoever’’; 

23 (2) striking ‘‘, 92,’’; and 

24 (3) inserting at the end the following: 
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1 ‘‘b. Any person who violates, or attempts or conspires 

2 to violate, section 92 shall be fined not more than 

3 $2,000,000 and sentenced to a term of imprisonment not 

4 less than 30 years or to imprisonment for life. Any person 

5 who, in the course of a violation of section 92, uses, at6 tempts or conspires to use, or possesses and threatens to 

7 use, any atomic weapon shall be fined not more than 

8 $2,000,000 and imprisoned for life. If the death of an9 other results from a person’s violation of section 92, the 

10 person shall be fined not more than $2,000,000 and pun11 ished by death or imprisoned for life.’’. 

12 SEC. 5. RADIOLOGICAL DISPERSAL DEVICES. 

13 Chapter 113B of title 18, United States Code, is 

14 amended by adding after section 2332g the following: 

15 ‘‘§ 2332h. Radiological dispersal devices 

16 ‘‘(a) UNLAWFUL CONDUCT.— 

17 ‘‘(1) IN GENERAL.—Except as provided in para18 graph (2), it shall be unlawful for any person to 

19 knowingly produce, construct, otherwise acquire, 

20 transfer directly or indirectly, receive, possess, im21 port, export, or use, or possess and threaten to 

22 use— 

23 ‘‘(A) any weapon that is designed or in24 tended to release radiation or radioactivity at a 

25 level dangerous to human life; or 
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1 ‘‘(B) or any device or other object that is 

2 capable of and designed or intended to endan3 ger human life through the release of radiation 

4 or radioactivity. 

5 ‘‘(2) EXCEPTION.—This subsection does not 

6 apply with respect to— 

7 ‘‘(A) conduct by or under the authority of 

8 the United States or any department or agency 

9 thereof; or 

10 ‘‘(B) conduct pursuant to the terms of a 

11 contract with the United States or any depart12 ment or agency thereof. 

13 ‘‘(b) JURISDICTION.—Conduct prohibited by sub14 section (a) is within the jurisdiction of the United States 

15 if— 

16 ‘‘(1) the offense occurs in or affects interstate 

17 or foreign commerce; 

18 ‘‘(2) the offense occurs outside of the United 

19 States and is committed by a national of the United 

20 States; 

21 ‘‘(3) the offense is committed against a national 

22 of the United States while the national is outside the 

23 United States; 

24 ‘‘(4) the offense is committed against any prop25 erty that is owned, leased, or used by the United 
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1 States or by any department or agency of the United 

2 States, whether the property is within or outside the 

3 United States; or 

4 ‘‘(5) an offender aids or abets any person over 

5 whom jurisdiction exists under this subsection in 

6 committing an offense under this section or con7 spires with any person over whom jurisdiction exists 

8 under this subsection to commit an offense under 

9 this section. 

10 ‘‘(c) CRIMINAL PENALTIES.— 

11 ‘‘(1) IN GENERAL.—Any person who violates, or 

12 attempts or conspires to violate, subsection (a) shall 

13 be fined not more than $2,000,000 and shall sen14 tenced to a term of imprisonment not less than 30 

15 years or to imprisonment for life. 

16 ‘‘(2) LIFE IMPRISONMENT.—Any person who, 

17 in the course of a violation of subsection (a), uses, 

18 attempts or conspires to use, or possesses and 

19 threatens to use, any item or items described in sub20 section (a), shall be fined not more than $2,000,000 

21 and imprisoned for life. 

22 ‘‘(3) DEATH PENALTY.—If the death of another 

23 results from a person’s violation of subsection (a), 

24 the person shall be fined not more than $2,000,000 

25 and punished by death or imprisoned for life.’’. 
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1 SEC. 6. VARIOLA VIRUS. 

2 Chapter 10 of title 18, United States Code, is amend3 ed by inserting after section 175b the following: 

4 ‘‘§ 175c. Variola virus 

5 ‘‘(a) UNLAWFUL CONDUCT.— 

6 ‘‘(1) IN GENERAL.—Except as provided in para7 graph (2), it shall be unlawful for any person to 

8 knowingly produce, engineer, synthesize, acquire, 

9 transfer directly or indirectly, receive, possess, im10 port, export, or use, or possess and threaten to use, 

11 variola virus. 

12 ‘‘(2) EXCEPTION.—This subsection does not 

13 apply to conduct by, or under the authority of, the 

14 Secretary of Health and Human Services. 

15 ‘‘(b) JURISDICTION.—Conduct prohibited by sub16 section (a) is within the jurisdiction of the United States 

17 if— 

18 ‘‘(1) the offense occurs in or affects interstate 

19 or foreign commerce; 

20 ‘‘(2) the offense occurs outside of the United 

21 States and is committed by a national of the United 

22 States; 

23 ‘‘(3) the offense is committed against a national 

24 of the United States while the national is outside the 

25 United States; 
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1 ‘‘(4) the offense is committed against any prop2 erty that is owned, leased, or used by the United 

3 States or by any department or agency of the United 

4 States, whether the property is within or outside the 

5 United States; or 

6 ‘‘(5) an offender aids or abets any person over 

7 whom jurisdiction exists under this subsection in 

8 committing an offense under this section or con9 spires with any person over whom jurisdiction exists 

10 under this subsection to commit an offense under 

11 this section. 

12 ‘‘(c) CRIMINAL PENALTIES.— 

13 ‘‘(1) IN GENERAL.—Any person who violates, or 

14 attempts or conspires to violate, subsection (a) shall 

15 be fined not more than $2,000,000 and shall be sen16 tenced to a term of imprisonment not less than 30 

17 years or to imprisonment for life. 

18 ‘‘(2) LIFE IMPRISONMENT.—Any person who, 

19 in the course of a violation of subsection (a), uses, 

20 attempts or conspires to use, or possesses and 

21 threatens to use, any item or items described in sub22 section (a), shall be fined not more than $2,000,000 

23 and imprisoned for life. 

24 ‘‘(3) DEATH PENALTY.—If the death of another 

25 results from a person’s violation of subsection (a), 
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1 the person shall be fined not more than $2,000,000 

2 and punished by death or imprisoned for life. 

3 ‘‘(d) DEFINITION.—As used in this section, the term 

4 ‘variola virus’ means a virus that can cause human small5 pox or any derivative of the variola major virus that con6 tains more than 85 percent of the gene sequence of the 

7 variola major virus or the variola minor virus.’’. 

8 SEC. 7. INTERCEPTION OF COMMUNICATIONS. 

9 Section 2516(1) of title 18, United States Code, is 

10 amended— 

11 (1) in paragraph (a), by inserting ‘‘2122 and’’ 

12 after ‘‘sections’’; 

13 (2) in paragraph (c), by inserting ‘‘section 175c 

14 (relating to variola virus),’’ after ‘‘section 175 (relat15 ing to biological weapons),’’; and 

16 (3) in paragraph (q), by inserting ‘‘2332g, 

17 2332h,’’ after ‘‘2332f,’’. 

18 SEC. 8. AMENDMENTS TO SECTION 2332b(g)(5)(B) OF TITLE 

19 18, UNITED STATES CODE. 

20 Section 2332b(g)(5)(B) of title 18, United States 

21 Code, is amended— 

22 (1) in clause (i)— 

23 (A) by inserting before ‘‘2339 (relating to 

24 harboring terrorists)’’ the following: ‘‘2332g 

25 (relating to missile systems designed to destroy 
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1 aircraft), 2332h (relating to radiological dis2 persal devices),’’; and 

3 (B) by inserting ‘‘175c (relating to variola 

4 virus),’’ after ‘‘175 or 175b (relating to biologi5 cal weapons),’’; and 

6 (2) in clause (ii)— 

7 (A) by striking ‘‘section’’ and inserting 

8 ‘‘sections 92 (relating to prohibitions governing 

9 atomic weapons) or’’; and 

10 (B) by inserting ‘‘2122 or’’ before ‘‘2284’’. 

11 SEC. 9. AMENDMENTS TO SECTION 1956(c)(7)(D) OF TITLE 

12 18, UNITED STATES CODE. 

13 Section 1956(c)(7)(D), title 18, United States Code, 

14 is amended— 

15 (1) by inserting after ‘‘section 152 (relating to 

16 concealment of assets; false oaths and claims; brib17 ery),’’ the following: ‘‘section 175c (relating to the 

18 variola virus),’’; 

19 (2) by inserting after ‘‘section 2332(b) (relating 

20 to international terrorist acts transcending national 

21 boundaries),’’ the following: ‘‘section 2332g (relating 

22 to missile systems designed to destroy aircraft), sec23 tion 2332h (relating to radiological dispersal de24 vices),’’; and 
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1 (3) striking ‘‘or’’ after ‘‘any felony violation of 

2 the Foreign Agents Registration Act of 1938,’’ and 

3 after ‘‘any felony violation of the Foreign Corrupt 

4 Practices Act’’, striking ‘‘;’’ and inserting ‘‘, or sec5 tion 92 of the Atomic Energy Act of 1954 (42 

6 U.S.C. 2122) (relating to prohibitions governing 

7 atomic weapons)’’. 

8 SEC. 10. EXPORT LICENSING PROCESS. 

9 Section 38(g)(1)(A) of the Arms Export Control Act 

10 (22 U.S.C. 2778) is amended— 

11 (1) by striking ‘‘or’’ before ‘‘(xi)’’; and 

12 (2) by inserting after clause (xi) the following: 

13 ‘‘or (xii) section 3, 4, 5, and 6 of the Prevention of 

14 Terrorist Access to Destructive Weapons Act of 

15 2004, relating to missile systems designed to destroy 

16 aircraft (18 U.S.C. 2332g), prohibitions governing 

17 atomic weapons (42 U.S.C. 2122), radiological dis18 persal devices (18 U.S.C. 2332h), and variola virus 

19 (18 U.S.C. 175b);’’. 

20 SEC. 11. CLERICAL AMENDMENTS. 

21 (a) CHAPTER 113B.—The table of sections for chap22 ter 113B of title 18, United States Code, is amended by 

23 inserting the following after the item for section 2332f: 

‘‘Sec. 2332g. Missile systems designed to destroy aircraft. 

‘‘Sec. 2332h. Radiological dispersal devices.’’. 
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1 (b) CHAPTER 10.—The table of sections for chapter 

2 10 of title 18, United States Code, is amended by inserting 

3 the following item after the item for section 175b: 

‘‘Sec. 175c. Variola virus.’’. 

Æ