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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2664 Introduced in Senate (IS)]

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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Prevention of Terrorist Access to 
Destructive Weapons Act of 2004''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) The criminal use of man-portable air defense systems 
        (MANPADS) presents a serious threat to civil aviation 
        worldwide, especially in the hands of terrorists or foreign 
        states that harbor them.
            (2) Atomic weapons or weapons designed to release radiation 
        (``dirty bombs'') could be used by terrorists to inflict 
        enormous loss of life and damage to property and the 
        environment.
            (3) Variola virus is the causative agent of smallpox, an 
        extremely serious, contagious, and sometimes fatal disease. 
        Variola virus is classified as a Category A agent by the 
        Centers for Disease Control and Prevention, meaning that it is 
        believed to pose the greatest potential threat for adverse 
        public health impact and has a moderate to high potential for 
        large-scale dissemination. The last case of smallpox in the 
        United States was in 1949. The last naturally occurring case in 
        the world was in Somalia in 1977. Although smallpox has been 
        officially eradicated after a successful worldwide vaccination 
        program, there remain two official repositories of the variola 
        virus for research purposes. Because it is so dangerous, the 
        variola virus may appeal to terrorists.
            (4) The use, or even the threatened use, of MANPADS, atomic 
        or radiological weapons, or the variola virus, against the 
        United States, its allies, or its people, poses a grave risk to 
        the security, foreign policy, economy, and environment of the 
        United States. Accordingly, the United States has a compelling 
        national security interest in preventing unlawful activities 
        that lead to the proliferation or spread of such items, 
        including their unauthorized production, construction, 
        acquisition, transfer, possession, import, or export. All of 
        these activities markedly increase the chances that such items 
        will be obtained by terrorist organizations or rogue states, 
        which could use them to attack the United States, its allies, 
        or United States nationals or corporations.
            (5) There is no legitimate reason for a private individual 
        or company, absent explicit government authorization, to 
        produce, construct, otherwise acquire, transfer, receive, 
        possess, import, export, or use MANPADS, atomic or radiological 
        weapons, or the variola virus.
    (b) Purpose.--The purpose of this Act is to combat the potential 
use of weapons that have the ability to cause widespread harm to United 
States persons and the United States economy (and that have no 
legitimate private use) and to threaten or harm the national security 
or foreign relations of the United States.

SEC. 3. MISSILE SYSTEMS DESIGNED TO DESTROY AIRCRAFT.

    Chapter 113B of title 18, United States Code, is amended by adding 
after section 2332f the following:
``Sec. 2332g. Missile systems designed to destroy aircraft
    ``(a) Unlawful Conduct.--
            ``(1) In general.--Except as provided in paragraph (3), it 
        shall be unlawful for any person to knowingly produce, 
        construct, otherwise acquire, transfer directly or indirectly, 
        receive, possess, import, export, or use, or possess and 
        threaten to use--
                    ``(A) an explosive or incendiary rocket or missile 
                that is guided by any system designed to enable the 
                rocket or missile to--
                            ``(i) seek or proceed toward energy 
                        radiated or reflected from an aircraft or 
                        toward an image locating an aircraft; or
                            ``(ii) otherwise direct or guide the rocket 
                        or missile to an aircraft;
                    ``(B) any device designed or intended to launch or 
                guide a rocket or missile described in subparagraph 
                (A); or
                    ``(C) any part or combination of parts designed or 
                redesigned for use in assembling or fabricating a 
                rocket, missile, or device described in subparagraph 
                (A) or (B).
            ``(2) Nonweapon.--Paragraph (1)(A) does not apply to any 
        device that is neither designed nor redesigned for use as a 
        weapon.
            ``(3) Excluded conduct.--This subsection does not apply 
        with respect to--
                    ``(A) conduct by or under the authority of the 
                United States or any department or agency thereof or of 
                a State or any department or agency thereof; or
                    ``(B) conduct pursuant to the terms of a contract 
                with the United States or any department or agency 
                thereof or with a State or any department or agency 
                thereof.
    ``(b) Jurisdiction.--Conduct prohibited by subsection (a) is within 
the jurisdiction of the United States if--
            ``(1) the offense occurs in or affects interstate or 
        foreign commerce;
            ``(2) the offense occurs outside of the United States and 
        is committed by a national of the United States;
            ``(3) the offense is committed against a national of the 
        United States while the national is outside the United States;
            ``(4) the offense is committed against any property that is 
        owned, leased, or used by the United States or by any 
        department or agency of the United States, whether the property 
        is within or outside the United States; or
            ``(5) an offender aids or abets any person over whom 
        jurisdiction exists under this subsection in committing an 
        offense under this section or conspires with any person over 
        whom jurisdiction exists under this subsection to commit an 
        offense under this section.
    ``(c) Criminal Penalties.--
            ``(1) In general.--Any person who violates, or attempts or 
        conspires to violate, subsection (a) shall be fined not more 
        than $2,000,000 and shall be sentenced to a term of 
        imprisonment not less than 30 years or to imprisonment for 
        life.
            ``(2) Life imprisonment.--Any person who, in the course of 
        a violation of subsection (a), uses, attempts or conspires to 
        use, or possesses and threatens to use, any item or items 
        described in subsection (a), shall be fined not more than 
        $2,000,000 and imprisoned for life.
            ``(3) Death penalty.--If the death of another results from 
        a person's violation of subsection (a), the person shall be 
        fined not more than $2,000,000 and punished by death or 
        imprisoned for life.
    ``(d) Definition.--As used in this section, the term `aircraft' has 
the definition set forth in section 40102(a)(6) of title 49, United 
States Code.''.

SEC. 4. ATOMIC WEAPONS.

    (a) Prohibitions.--Section 92 of the Atomic Energy Act of 1954 (42 
U.S.C. 2122) is amended by--
            (1) inserting at the beginning ``a.'' before ``It'';
            (2) inserting ``knowingly'' after ``for any person to'';
            (3) striking ``or'' before ``export'';
            (4) striking ``transfer or receive in interstate or foreign 
        commerce,'' before ``manufacture'';
            (5) inserting ``receive,'' after ``acquire,'';
            (6) inserting ``, or use, or possess and threaten to use,'' 
        before ``any atomic weapon'';
            (7) inserting at the end the following:
    ``b. Conduct prohibited by subsection a. is within the jurisdiction 
of the United States if--
            ``(1) the offense occurs in or affects interstate or 
        foreign commerce; the offense occurs outside of the United 
        States and is committed by a national of the United States;
            ``(2) the offense is committed against a national of the 
        United States while the national is outside the United States;
            ``(3) the offense is committed against any property that is 
        owned, leased, or used by the United States or by any 
        department or agency of the United States, whether the property 
        is within or outside the United States; or
            ``(4) an offender aids or abets any person over whom 
        jurisdiction exists under this subsection in committing an 
        offense under this section or conspires with any person over 
        whom jurisdiction exists under this subsection to commit an 
        offense under this section.''.
    (b) Violations.--Section 222 of the Atomic Energy Act of 1954 (42 
U.S.C. 2272) is amended by--
            (1) inserting at the beginning ``a.'' before ``Whoever'';
            (2) striking ``, 92,''; and
            (3) inserting at the end the following:
    ``b. Any person who violates, or attempts or conspires to violate, 
section 92 shall be fined not more than $2,000,000 and sentenced to a 
term of imprisonment not less than 30 years or to imprisonment for 
life. Any person who, in the course of a violation of section 92, uses, 
attempts or conspires to use, or possesses and threatens to use, any 
atomic weapon shall be fined not more than $2,000,000 and imprisoned 
for life. If the death of another results from a person's violation of 
section 92, the person shall be fined not more than $2,000,000 and 
punished by death or imprisoned for life.''.

SEC. 5. RADIOLOGICAL DISPERSAL DEVICES.

    Chapter 113B of title 18, United States Code, is amended by adding 
after section 2332g the following:
``Sec. 2332h. Radiological dispersal devices
    ``(a) Unlawful Conduct.--
            ``(1) In general.--Except as provided in paragraph (2), it 
        shall be unlawful for any person to knowingly produce, 
        construct, otherwise acquire, transfer directly or indirectly, 
        receive, possess, import, export, or use, or possess and 
        threaten to use--
                    ``(A) any weapon that is designed or intended to 
                release radiation or radioactivity at a level dangerous 
                to human life; or
                    ``(B) or any device or other object that is capable 
                of and designed or intended to endanger human life 
                through the release of radiation or radioactivity.
            ``(2) Exception.--This subsection does not apply with 
        respect to--
                    ``(A) conduct by or under the authority of the 
                United States or any department or agency thereof; or
                    ``(B) conduct pursuant to the terms of a contract 
                with the United States or any department or agency 
                thereof.
    ``(b) Jurisdiction.--Conduct prohibited by subsection (a) is within 
the jurisdiction of the United States if--
            ``(1) the offense occurs in or affects interstate or 
        foreign commerce;
            ``(2) the offense occurs outside of the United States and 
        is committed by a national of the United States;
            ``(3) the offense is committed against a national of the 
        United States while the national is outside the United States;
            ``(4) the offense is committed against any property that is 
        owned, leased, or used by the United States or by any 
        department or agency of the United States, whether the property 
        is within or outside the United States; or
            ``(5) an offender aids or abets any person over whom 
        jurisdiction exists under this subsection in committing an 
        offense under this section or conspires with any person over 
        whom jurisdiction exists under this subsection to commit an 
        offense under this section.
    ``(c) Criminal Penalties.--
            ``(1) In general.--Any person who violates, or attempts or 
        conspires to violate, subsection (a) shall be fined not more 
        than $2,000,000 and shall sentenced to a term of imprisonment 
        not less than 30 years or to imprisonment for life.
            ``(2) Life imprisonment.--Any person who, in the course of 
        a violation of subsection (a), uses, attempts or conspires to 
        use, or possesses and threatens to use, any item or items 
        described in subsection (a), shall be fined not more than 
        $2,000,000 and imprisoned for life.
            ``(3) Death penalty.--If the death of another results from 
        a person's violation of subsection (a), the person shall be 
        fined not more than $2,000,000 and punished by death or 
        imprisoned for life.''.

SEC. 6. VARIOLA VIRUS.

    Chapter 10 of title 18, United States Code, is amended by inserting 
after section 175b the following:
``Sec. 175c. Variola virus
    ``(a) Unlawful Conduct.--
            ``(1) In general.--Except as provided in paragraph (2), it 
        shall be unlawful for any person to knowingly produce, 
        engineer, synthesize, acquire, transfer directly or indirectly, 
        receive, possess, import, export, or use, or possess and 
        threaten to use, variola virus.
            ``(2) Exception.--This subsection does not apply to conduct 
        by, or under the authority of, the Secretary of Health and 
        Human Services.
    ``(b) Jurisdiction.--Conduct prohibited by subsection (a) is within 
the jurisdiction of the United States if--
            ``(1) the offense occurs in or affects interstate or 
        foreign commerce;
            ``(2) the offense occurs outside of the United States and 
        is committed by a national of the United States;
            ``(3) the offense is committed against a national of the 
        United States while the national is outside the United States;
            ``(4) the offense is committed against any property that is 
        owned, leased, or used by the United States or by any 
        department or agency of the United States, whether the property 
        is within or outside the United States; or
            ``(5) an offender aids or abets any person over whom 
        jurisdiction exists under this subsection in committing an 
        offense under this section or conspires with any person over 
        whom jurisdiction exists under this subsection to commit an 
        offense under this section.
    ``(c) Criminal Penalties.--
            ``(1) In general.--Any person who violates, or attempts or 
        conspires to violate, subsection (a) shall be fined not more 
        than $2,000,000 and shall be sentenced to a term of 
        imprisonment not less than 30 years or to imprisonment for 
        life.
            ``(2) Life imprisonment.--Any person who, in the course of 
        a violation of subsection (a), uses, attempts or conspires to 
        use, or possesses and threatens to use, any item or items 
        described in subsection (a), shall be fined not more than 
        $2,000,000 and imprisoned for life.
            ``(3) Death penalty.--If the death of another results from 
        a person's violation of subsection (a), the person shall be 
        fined not more than $2,000,000 and punished by death or 
        imprisoned for life.
    ``(d) Definition.--As used in this section, the term `variola 
virus' means a virus that can cause human smallpox or any derivative of 
the variola major virus that contains more than 85 percent of the gene 
sequence of the variola major virus or the variola minor virus.''.

SEC. 7. INTERCEPTION OF COMMUNICATIONS.

    Section 2516(1) of title 18, United States Code, is amended--
            (1) in paragraph (a), by inserting ``2122 and'' after 
        ``sections'';
            (2) in paragraph (c), by inserting ``section 175c (relating 
        to variola virus),'' after ``section 175 (relating to 
        biological weapons),''; and
            (3) in paragraph (q), by inserting ``2332g, 2332h,'' after 
        ``2332f,''.

SEC. 8. AMENDMENTS TO SECTION 2332B(G)(5)(B) OF TITLE 18, UNITED STATES 
              CODE.

    Section 2332b(g)(5)(B) of title 18, United States Code, is 
amended--
            (1) in clause (i)--
                    (A) by inserting before ``2339 (relating to 
                harboring terrorists)'' the following: ``2332g 
                (relating to missile systems designed to destroy 
                aircraft), 2332h (relating to radiological dispersal 
                devices),''; and
                    (B) by inserting ``175c (relating to variola 
                virus),'' after ``175 or 175b (relating to biological 
                weapons),''; and
            (2) in clause (ii)--
                    (A) by striking ``section'' and inserting 
                ``sections 92 (relating to prohibitions governing 
                atomic weapons) or''; and
                    (B) by inserting ``2122 or'' before ``2284''.

SEC. 9. AMENDMENTS TO SECTION 1956(C)(7)(D) OF TITLE 18, UNITED STATES 
              CODE.

    Section 1956(c)(7)(D), title 18, United States Code, is amended--
            (1) by inserting after ``section 152 (relating to 
        concealment of assets; false oaths and claims; bribery),'' the 
        following: ``section 175c (relating to the variola virus),'';
            (2) by inserting after ``section 2332(b) (relating to 
        international terrorist acts transcending national 
        boundaries),'' the following: ``section 2332g (relating to 
        missile systems designed to destroy aircraft), section 2332h 
        (relating to radiological dispersal devices),''; and
            (3) striking ``or'' after ``any felony violation of the 
        Foreign Agents Registration Act of 1938,'' and after ``any 
        felony violation of the Foreign Corrupt Practices Act'', 
        striking ``;'' and inserting ``, or section 92 of the Atomic 
        Energy Act of 1954 (42 U.S.C. 2122) (relating to prohibitions 
        governing atomic weapons)''.

SEC. 10. EXPORT LICENSING PROCESS.

    Section 38(g)(1)(A) of the Arms Export Control Act (22 U.S.C. 2778) 
is amended--
            (1) by striking ``or'' before ``(xi)''; and
            (2) by inserting after clause (xi) the following: ``or 
        (xii) section 3, 4, 5, and 6 of the Prevention of Terrorist 
        Access to Destructive Weapons Act of 2004, relating to missile 
        systems designed to destroy aircraft (18 U.S.C. 2332g), 
        prohibitions governing atomic weapons (42 U.S.C. 2122), 
        radiological dispersal devices (18 U.S.C. 2332h), and variola 
        virus (18 U.S.C. 175b);''.

SEC. 11. CLERICAL AMENDMENTS.

    (a) Chapter 113B.--The table of sections for chapter 113B of title 
18, United States Code, is amended by inserting the following after the 
item for section 2332f:

        ``Sec. 2332g. Missile systems designed to destroy aircraft.
        ``Sec. 2332h. Radiological dispersal devices.''.
    (b) Chapter 10.--The table of sections for chapter 10 of title 18, 
United States Code, is amended by inserting the following item after 
the item for section 175b:

        ``Sec. 175c. Variola virus.''.
                                 <all>
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