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addition to or in lieu of any civil penalty which may be
imposed under subsection (a) for such violation, be fined
under title 18, United States Code, imprisoned for not
more than one year, or both.
SEC. 262. SPECIFIC ENFORCEMENT.
(a) JURISDICTION.—The district courts of the United
States shall have jurisdiction over civil actions to—
(1) restrain any violation of section 236 or 255
of this Act; and
(2) compel the taking of any action required by
or under this title or the Convention.
(b) CIVIL ACTIONS.—
(1) IN GENERAL.—A civil action described in
subsection (a) may be brought—
(A) in the case of a civil action described
in subsection (a)(1), in the United States dis-
trict court for the judicial district in which any
act, omission, or transaction constituting a vio-
lation of section 236 or 255 occurred or in
which the defendant is found or transacts busi-
ness; or
(B) in the case of a civil action described
in subsection (a)(2), in the United States dis-
trict court for the judicial district in which the
defendant is found or transacts business.
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(2) SERVICE OF PROCESS.—In any such civil
action process may be served on a defendant wher-
ever the defendant may reside or may be found,
whether the defendant resides or may be found with-
in the United States or elsewhere.
SEC. 263. EXPEDITED JUDICIAL REVIEW.
(a) CIVIL ACTION.—Any person or entity subject to
a search under this title may file a civil action challenging
the constitutionality of any provision of this title. Notwith-
standing any other provision of law, during the full cal-
endar year of, and the two full calendar years following,
the enactment of this Act, the district court shall accord
such a case a priority in its disposition ahead of all other
civil actions except for actions challenging the legality and
conditions of confinement.
(b) EN BANC REVIEW.—Notwithstanding any other
provision of law, during the full calendar year of, and the
two full calendar years following, the enactment of this
Act, any appeal from a final order entered by a district
court in an action brought under subsection (a) shall be
heard promptly by the full Court of Appeals sitting en
banc.
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Subtitle F—Miscellaneous
Provisions
SEC. 271. REPEAL.
Section 808 of the Department of Defense Appropria-
tion Authorization Act, 1978 (50 U.S.C. 1520; relating
to the use of human subjects for the testing of chemical
or biological agents) is repealed.
SEC. 272. PROHIBITION.
(a) IN GENERAL.—Neither the Secretary of Defense
nor any other officer or employee of the United States
may, directly or by contract—
(1) conduct any test or experiment involving the
use of any chemical or biological agent on a civilian
population; or
(2) use human subjects for the testing of chem-
ical or biological agents.
(b) CONSTRUCTION.—Nothing in subsection (a) may
be construed to prohibit actions carried out for purposes
not prohibited by this title (as defined in section 203(8)).
(c) BIOLOGICAL AGENT DEFINED.—In this section,
the term ‘‘biological agent’’ means any micro-organism
(including bacteria, viruses, fungi, rickettsiae or protozoa),
pathogen, or infectious substance, or any naturally occur-
ring, bio-engineered or synthesized component of any such
micro-organism, pathogen, or infectious substance, what-
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ever its origin or method of production, capable of caus-
ing—
(1) death, disease, or other biological malfunc-
tion in a human, an animal, a plant, or another liv-
ing organism;
(2) deterioration of food, water, equipment,
supplies, or materials of any kind; or
(3) deleterious alteration of the environment.
SEC. 273. BANKRUPTCY ACTIONS.
Section 362(b) of title 11, United States Code, is
amended—
(1) by striking paragraphs (4) and (5); and
(2) by inserting after paragraph (3) the
following:
‘‘(4) under paragraph (1), (2), (3), or (6) of
subsection (a) of this section, of the commencement
or continuation of an action or proceeding by a gov-
ernmental unit or any organization exercising au-
thority under the Convention on the Prohibition of
the Development, Production, Stockpiling and Use
of Chemical Weapons and on Their Destruction,
opened for signature on January 13, 1993, to en-
force such governmental unit’s or organization’s po-
lice and regulatory power, including the enforcement
of a judgment other than a money judgment, ob-
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tained in an action or proceeding by the govern-
mental unit to enforce such governmental unit’s or
organization’s police or regulatory power;’’.
Passed the House of Representatives November 12,
1997.
Attest:
ROBIN H. CARLE,
Clerk.