I 
108TH CONGRESS 
2D SESSION 
H. R. 5118 
To combat terrorism, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 21, 2004 
Mr. SESSIONS introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committees on Energy 
and Commerce and International Relations, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To combat terrorism, and for other purposes. 
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 ‘‘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 de-
fense 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 re-
lease radiation (‘‘dirty bombs’’) could be used by ter-
rorists 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 Con-
trol 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 small-
pox in the United States was in 1949. The last nat-
urally occurring case in the world was in Somalia in 
1977. Although smallpox has been officially eradi-
cated after a successful worldwide vaccination pro-
gram, there remain two official repositories of the 
variola virus for research purposes. Because it is so 
dangerous, the variola virus may appeal to terror-
ists. 
(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 compel-
ling 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, im-
port, or export. All of these activities markedly in-
crease the chances that such items will be obtained 
by terrorist organizations or rogue states, which 
could use them to attack the United States, its al-
lies, 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 ac-
quire, 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 AIR-
CRAFT. 
Chapter 113B of title 18, United States Code, is 
amended by adding after section 2332f the following: 
‘‘§ 2332g. Missile systems designed to destroy aircraft 
‘‘(a) UNLAWFUL CONDUCT.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (3), it shall be unlawful for any person to 
knowingly produce, construct, otherwise acquire, 
transfer directly or indirectly, receive, possess, im-
port, 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 ra-
diated or reflected from an aircraft or to-
ward 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 de-
signed or redesigned for use in assembling or