In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
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Question: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Air and Health Quality Empowerment 
Zone Designation Act of 2008''.

SEC. 2. PURPOSE.

    The purpose of this Act is to establish criteria through the use of 
which specific geographical areas--
            (1) shall be designated as air and health quality 
        empowerment zones; and
            (2) may apply for grants authorized for the purpose of 
        replacing or retrofitting polluting vehicles or engines (or 
        both vehicles and engines) in order to improve the health of 
        the population living in the zones.

SEC. 3. FINDINGS.

    Congress finds that--
            (1) the San Joaquin Valley faces serious air quality 
        challenges that impact the development, health, and economy of 
        the Valley;
            (2) the Valley emits approximately 624 tons of nitrogen 
        oxides per day, and attainment of the federally mandated 8-hour 
        ozone standard under the Clean Air Act requires emissions of 
        not more than 160 tons of oxides of nitrogen per day;
            (3) the Valley does not attain the federally mandated 
        standard for PM&lt;INF&gt;2.5&lt;/INF&gt;;
            (4) the children of the Valley miss 188,000 school days per 
        year, which translates to 1 in 4 of those children experiencing 
        a day of absence each year due to elevated ozone levels;
            (5) approximately 460 residents of the Valley die earlier 
        than they otherwise would due to elevated ozone levels, and 
        Valley residents experience 23,300 asthma attacks per year, a 
        rate that equals 3 times the State average and 5 times the 
        national average;
            (6) 1 in 5 children residing in the Valley have been 
        diagnosed with asthma;
            (7) nonattainment of Federal air quality standards costs 
        the Valley $3,200,000,000 annually;
            (8) the Valley experiences chronic double-digit 
        unemployment rates; and
            (9) the Federal Government must partner with the Valley and 
        the State to address air quality, health, and economic 
        development for the residents of the Valley through the 
        designation of the Valley as air quality empowerment zone that 
        is eligible for Federal grants and technical assistance.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Agency.--The term ``Agency'' means the Environmental 
        Protection Agency.
            (3) Clean air act.--The term ``Clean Air Act'' means the 
        Clean Air Act (42 U.S.C. 7401 et seq.).
            (4) PM&lt;INF&gt;2.5&lt;/INF&gt;.--The term ``PM&lt;INF&gt;2.5&lt;/INF&gt;'' means 
        particulate matter with a diameter that does not exceed 2.5 
        micrometers.
            (5) Strategic plan.--The term ``strategic plan'' means, 
        with respect to an area, the plan contained in the application 
        for designation of the area under section 5.
            (6) Valley.--The term ``Valley'' means the San Joaquin 
        Valley, California.

SEC. 5. AIR QUALITY EMPOWERMENT ZONE DESIGNATION PROCEDURES.

    (a) In General.--From among the areas nominated for designation 
under this section, the Administrator may designate 1 or more areas as 
air and health quality empowerment zones.
    (b) Period for Which Designation Is in Effect.--
            (1) In general.--Any designation under this section shall 
        remain in effect during the period beginning on the date of the 
        designation and ending on the earlier of--
                    (A) the last day of the tenth calendar year 
                beginning on the date of the designation; or
                    (B) the date on which the Administrator revokes the 
                designation.
            (2) Revocation of designation.--The Administrator may 
        revoke the designation under this section of an area if the 
        Administrator determines that the local air pollution control 
        district in which the designated area is located--
                    (A) has been designated as being in attainment with 
                the national ambient air quality standard for 
                PM&lt;INF&gt;2.5&lt;/INF&gt; and ozone promulgated under the Clean 
                Air Act; or
                    (B) is not complying substantially with, or fails 
                to make progress in achieving the goals of, the 
                strategic plan.
    (c) Limitations on Designations.--No area may be designated under 
subsection (a) unless--
            (1) the area is nominated for designation by the air 
        pollution control district with jurisdiction over the area;
            (2) the air pollution control district provides written 
        assurances satisfactory to the Administrator that the strategic 
        plan will be implemented; and
            (3) the Administrator determines that any information 
        provided is reasonably accurate.
    (d) Application.--No area may be designated under subsection (a) 
unless the application for the designation--
            (1) demonstrates that the nominated area satisfies the 
        eligibility criteria described in section 6; and
            (2) includes a strategic plan for accomplishing the 
        purposes of this Act that--
                    (A) describes--
                            (i) the process by which the nominated area 
                        is a full partner in the process of developing 
                        and implementing the plan; and
                            (ii) the extent to which local institutions 
                        and organizations have contributed to the 
                        planning process;
                    (B) identifies--
                            (i) the amount of State, local, and private 
                        resources that will be available for the 
                        nominated area; and
                            (ii) the private/public partnerships to be 
                        used (which may include participation by, and 
                        cooperation with, institutions of higher 
                        education, medical centers, and other private 
                        and public entities);
                    (C) identifies the funding requested under any 
                Federal program in support of the purposes of this Act;
                    (D) identifies baselines, methods, and benchmarks 
                for measuring the success of carrying out the strategic 
                plan; and
                    (E) includes such other information as may be 
                required by the Administrator.

SEC. 6. ELIGIBILITY CRITERIA.

    (a) In General.--A nominated area shall be eligible for designation 
under section 5(a) only if the area meets all of the following 
criteria:
            (1) Nonattainment.--The nominated area has been designated 
        as being--
                    (A) in extreme nonattainment of the 8-hour ozone 
                national ambient air quality standard promulgated by 
                the Administrator under the Clean Air Act; and
                    (B) in nonattainment of national ambient air 
                quality standard for PM&lt;INF&gt;2.5&lt;/INF&gt; promulgated by 
                the Administrator under that Act.
            (2) Agricultural sources.--The nominated area has--
                    (A) emissions of oxides of nitrogen from farm 
                equipment of at least 30 tons per day in calendar year 
                2010; or
                    (B) emissions of volatile organic compounds from 
                farming operations of at least 40 tons per day in 
                calendar year 2010.
            (3) Air-related health effects.--As of the date of 
        nomination, the nominated area--
                    (A) meets or exceeds the national average per 
                capita incidence of asthma; and
                    (B) meets or exceeds the national average of school 
                days missed due to the health impact of elevated ozone 
                levels.
            (4) Economic impact.--As of the date of nomination, the 
        nominated area experiences unemployment rates higher than the 
        national average.
            (5) State matching funds.--The nominated area is located 
        within a State and local area that will match at least \1/2\ of 
        the funds provided by the Federal Government under this Act.

SEC. 7. ELIGIBLE GRANT APPLICANTS.

    Any air pollution control district or other local governmental 
entity authorized to regulate air quality in a State under the Clean 
Air Act may apply for a grant under this Act.

SEC. 8. AUTHORIZATION OF AIR AND HEALTH EMPOWERMENT GRANTS.

    (a) Eligibility.--
            (1) In general.--Each area designated as an air and health 
        quality empowerment zone under section 5(a) shall be eligible 
        to receive 1 or more grants under this section.
            (2) Amount of grants.--The amount of each grant awarded to 
        a designated air and health quality empowerment zone shall be 
        determined by the Administrator based upon a review of--
                    (A) the information contained in the applications 
                required by section 5(d); and
                    (B) the needs set forth in the applications by 
                those designated as beneficiaries.
            (3) Timing of grants.--With respect to each designated air 
        and health quality empowerment zone, the Administrator shall 
        make--
                    (A) a grant under this section to each such zone on 
                the date of designation of the zone under section 5(a); 
                and
                    (B) the grant under this section to each such zone 
                available on the first day of the first fiscal year 
                that begins after the date of designation of the zone.
            (4) Oversight of grants.--The air pollution control 
        district or other local government entity authorized to 
        regulate air quality in an area designated as an air and health 
        safety empowerment zone under section 5(a) shall oversee the 
        use of any grant funds provided to the zone under this section.
    (b) Use of Grants.--Each air and health safety empowerment zone 
that receives a grant under this section shall use the grant solely--
            (1) to carry out activities that achieve the purposes 
        described in section 2;
            (2) in accordance with the strategic plan for the zone; and
            (3) for activities that benefit the residents of the zone 
        for which the grant is made through improved air quality and 
        health.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Administrator to provide grants under this section 
$20,000,000 for each of fiscal years 2009 through 2013.

Answer: Air and Health Quality Empowerment Zone Designation Act of 2008 - Authorizes the Administrator of the Environmental Protection Agency (EPA) to designate areas nominated by local air pollution control districts as air and health quality empowerment zones, which shall be eligible for grants for replacing or retrofitting polluting vehicles and/or engines in order to improve the health of the population living in the zones.

Sets forth area eligibility requirements, including: (1) being in nonattainment of specified national ambient air quality standards for ozone or PM2.5 (particulate matter with a diameter that does not exceed 2.5 micrometers); (2) having specified emission levels from agricultural sources; (3) meeting or exceeding national averages for asthma, school days missed for ozone levels, and unemployment; and (4) being eligible for state or local matching funds.

Prohibits an area from being designated unless the relevant district provides satisfactory assurances that the strategic plan (to be contained in its application) will be implemented. Authorizes the Administrator to revoke the designation if the relevant district: (1) has been designated as being in attainment with the air quality standards; or (2) is failing to comply with, or make progress in achieving the goals of, its strategic plan.


Question: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``529 and ABLE Account Improvement Act 
of 2016''.

SEC. 2. EMPLOYER CONTRIBUTIONS TO QUALIFIED TUITION PROGRAMS AND 
              QUALIFIED ABLE PROGRAMS.

    (a) In General.--Subsection (a) of section 132 of the Internal 
Revenue Code of 1986 is amended by striking ``or'' at the end of 
paragraph (7), by striking the period at the end of paragraph (8) and 
inserting ``, or'', and by adding at the end the following new 
paragraph:
            ``(9) qualified tuition program and qualified ABLE program 
        contributions.''.
    (b) Qualified Tuition Program and Qualified ABLE Program 
Contributions Defined.--Section 132 of such Code is amended by 
redesignating subsection (o) as subsection (p) and inserting after 
subsection (n) the following new subsection:
    ``(o) Qualified Tuition Program and Qualified ABLE Program 
Contributions Defined.--
            ``(1) In general.--For purposes of this section, the term 
        `qualified tuition and qualified ABLE program contributions' 
        means contributions (including matching contributions) made by 
        an employer directly to a qualified tuition program (as 
        described in section 529) or qualified ABLE program (as 
        described in section 529A) designated by an employee if--
                    ``(A) such contribution is made to an account under 
                such program for which the designated beneficiary is 
                the employee or a member of the family of the employee 
                (within the meaning of section 529(e)(2)), and
                    ``(B) such contribution is made in connection with 
                a qualified payroll deduction contribution program 
                established by the employer.
            ``(2) Qualified payroll deduction contribution program.--
        For purposes of this subsection, the term `qualified payroll 
        deduction contribution program' means a program established by 
        an employer--
                    ``(A) under which employees may elect to make 
                contributions to accounts described in paragraph (1)(A) 
                which reduce the amount of wages received directly by 
                such employee by the amount of such contribution, and
                    ``(B) which is made available on substantially the 
                same terms to each member of a group of employees which 
                is defined under a reasonable classification set up by 
                the employer which does not discriminate in favor of 
                highly compensated employees (as defined in section 
                414(q)).
            ``(3) Limitation on exclusion.--The amount of qualified 
        tuition and qualified ABLE program contributions which may be 
        excluded from gross income under subsection (a)(9) with respect 
        to any employee shall not exceed $100 in any calendar year.
            ``(4) Nondiscrimination rule for employer contributions.--
        Subsection (a)(9) shall only apply to contributions provided 
        with respect to a highly compensated employee if such 
        contributions meet the requirements of paragraph (2)(B).
            ``(5) Inflation adjustment.--
                    ``(A) In general.--In the case of any taxable year 
                beginning in a calendar year after 2016, the $100 
                amount contained in paragraph (3) shall be increased by 
                an amount equal to--
                            ``(i) such dollar amount, multiplied by
                            ``(ii) the cost-of-living adjustment 
                        determined under section 1(f)(3) for the 
                        calendar year in which the taxable year begins, 
                        determined by substituting `calendar year 2015' 
                        for `calendar year 1992' in subparagraph (B) 
                        thereof.
                    ``(B) Rounding.--Any increase determined under 
                subparagraph (A) shall be rounded to the nearest 
                multiple of $25.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to contributions made after December 31, 2016.

SEC. 3. TAX CREDIT FOR SMALL EMPLOYER COSTS OF ESTABLISHING DIRECT 
              PAYROLL DEDUCTION INTO QUALIFIED TUITION PROGRAMS AND 
              QUALIFIED ABLE PROGRAMS.

    (a) In General.--Section 45E of the Internal Revenue Code of 1986 
is amended by adding at the end the following new subsection:
    ``(f) Application to Programs for Payroll Deduction Contributions 
to Qualified Tuition Programs and Qualified ABLE Programs.--In the case 
of a qualified payroll deduction contribution program (as defined in 
section 132(o)(2)) established by an employer--
            ``(1) such program shall be treated as an eligible employer 
        plan for purposes of this section,
            ``(2) this section (including the limitation of subsection 
        (b)) shall be applied separately with respect to such programs 
        and any other eligible employer plans of the employer, and
            ``(3) subsection (d)(1)(A)(ii) shall be applied by 
        substituting `education' for `retirement-related education'.''.
    (b) Clerical Amendments.--
            (1) The heading for section 45E of such Code is amended by 
        striking ``pension''.
            (2) The table of sections for subpart D of part IV of 
        subchapter A of chapter 1 of such Code is amended by striking 
        the item relating to section 45E and inserting the following 
        new item:

``Sec. 45E. Small employer plan startup costs.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to costs paid or incurred in taxable years beginning after the 
date of the enactment of this Act.

SEC. 4. EXEMPTIONS FROM ADDITIONAL TAX FOR CERTAIN DISTRIBUTIONS FROM 
              QUALIFIED TUITION PROGRAMS.

    (a) In General.--Section 529(c)(6) of the Internal Revenue Code of 
1986 is amended by striking the last sentence and inserting the 
following: ``This paragraph shall not apply to the extent that--
                    ``(A) a payment or distribution is contributed to 
                an individual retirement plan of the account owner or 
                the designated beneficiary with respect to the calendar 
                year in which the payment or distribution is received,
                    ``(B) a payment or distribution is used (within 90 
                days of the payment or distribution) to make a payment 
                of interest or principal on a qualified education loan 
                (as defined in section 222(d)(1)) on behalf of the 
                designated beneficiary or a member of the family of 
                such designated beneficiary within the meaning of 
                section 529(e)(2)), or
                    ``(C) the recipient of a payment or distribution 
                makes (within 90 days of the receipt of the payment or 
                distribution) a contribution to an organization 
                described in section 170(b)(1)(A) (other than any 
                organization described in section 509(a)(3) or any fund 
                or account described in section 4966(d)(2)), but only 
                if--
                            ``(i) a deduction for the entire payment or 
                        distribution is allowable under section 170, 
                        and
                            ``(ii) the total payments and distributions 
                        taken into account under this subparagraph with 
                        respect to such recipient for any taxable year 
                        does not exceed $1,000.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to distributions after the date of the enactment of this Act.

SEC. 5. CLARIFICATION REGARDING INVESTMENT DIRECTION IN QUALIFIED 
              TUITION PROGRAMS AND QUALIFIED ABLE PROGRAMS.

    (a) Investment Direction in Qualified Tuition Programs.--Paragraph 
(4) of section 529(b) of the Internal Revenue Code of 1986 is amended 
by adding at the end the following: ``For purposes of this paragraph, 
rebalancing investments among broad-based investment strategies 
established under the program shall not be treated as investment 
direction by a contributor or designated beneficiary unless the 
specific investments within those broad-based strategies are directed 
by the contributor or designated beneficiary.''.
    (b) Investment Direction in Qualified ABLE Programs.--Paragraph (4) 
of section 529A(b) of such Code is amended by adding at the end the 
following: ``For purposes of this paragraph, rebalancing investments 
among broad-based investment strategies established under the program 
shall not be treated as investment direction by a designated 
beneficiary unless the specific investments within those broad-based 
strategies are directed by the designated beneficiary.''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to calendar years beginning after the date of the 
enactment of this Act.

SEC. 6. ROLLOVERS BETWEEN QUALIFIED TUITION PROGRAMS AND QUALIFIED ABLE 
              PROGRAMS.

    (a) Rollovers From Qualified Tuition Programs to Qualified ABLE 
Programs.--Clause (i) of section 529(c)(3)(C) of the Internal Revenue 
Code of 1986 is amended by striking ``or'' at the end of subclause (I), 
by striking the period at the end of subclause (II) and inserting ``, 
or'', and by adding at the end the following new subclause:
                                    ``(III) to an ABLE account (as 
                                defined in section 529A(e)(6)) of the 
                                designated beneficiary or a member of 
                                the family of the designated 
                                beneficiary.
                        Subclause (III) shall not apply to so much of a 
                        distribution which, when added to all other 
                        contributions made to the ABLE account for the 
                        taxable year, exceeds the limitation under 
                        section 529A(b)(2)(B).''.
    (b) Rollovers From Qualified ABLE Programs to Qualified Tuition 
Programs.--Clause (i) of section 529A(c)(1)(C) of such Code is 
amended--
            (1) by striking ``such payment or distribution, into 
        another'' and inserting ``such payment or distribution--
                                    ``(I) into another'';
            (2) by striking the period at the end and inserting ``, 
        or'', and
            (3) by adding at the end the following new subclause:
                                    ``(II) to a qualified tuition 
                                program (as described in section 529) 
                                for the benefit of the same designated 
                                beneficiary or a member of the family 
                                of such designated beneficiary.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to distributions after the date of the enactment of this Act.

Answer: 529 and ABLE Account Improvement Act of 2016  This bill amends the Internal Revenue Code to modify the tax treatment of qualified tuition programs (known as 529 plans) and ABLE accounts. (Tax-favored ABLE [Achieving a Better Life Experience] accounts are designed to enable individuals with disabilities to save for and pay for disability-related expenses.)  The bill excludes from gross income a fringe benefit consisting of up to $100 per year (adjusted for inflation after 2016) of employer contributions to an employee's 529 or ABLE account. The employer contribution must be made: (1) to an account for which the designated beneficiary is the employee or a member of the employee's family, and (2) in connection with a payroll deduction contribution program established by the employer.  The bill also: (1) expands the tax credit for small employer pension plan startup costs to include the costs of establishing a payroll deduction contribution program for 529 plans and ABLE accounts;(2) permits 529 funds to be used for transfers to an Individual Retirement Account (IRA), education loan payments, or charitable contributions without being subject to the additional tax for distributions that are not used for qualified higher education expenses; and (3) permits tax-free rollovers of funds between 529 and ABLE accounts for the benefit of the same beneficiary or a family member of the beneficiary. For the purpose of current law restrictions on the frequency of investment directions that a beneficiary or contributor may provide for a 529 or ABLE account, rebalancing investments among broad-based investment strategies established under the program is not an investment direction unless the beneficiary or contributor directs the specific investments within the strategies. 


Question: 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 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.''.

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:

``2332g. Missile systems designed to destroy aircraft.
``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:

``175c. Variola virus.''.

Answer:
Prevention of Terrorist Access to Destructive Weapons Act of 2004 - Amends the Federal criminal code to prohibit knowingly producing, acquiring, transferring, possessing, using, or threatening to use: (1) an explosive or incendiary rocket designed as a weapon to seek an aircraft; (2) any device to launch or guide such rocket; (3) parts designed for use in assembling or fabricating such a rocket or device; (4) any weapon designed or intended to release radiation or radioactivity at a level dangerous to human life; (5) any object capable of and designed or intended to endanger human life; or (6) the variola virus. (Makes exceptions for specified governmental conduct.)

Amends the Atomic Energy Act to expand the scope of provisions governing atomic weapons to prohibit transferring or receiving in interstate or foreign commerce, using, or possessing and threatening to use an atomic weapon.

Sets forth provisions regarding: (1) when such prohibited conduct shall be considered to have occurred within the jurisdiction of the United States; and (2) applicable criminal penalties, including the death penalty.

Expands the scope of Arms Export Control Act licensing provisions and Federal criminal code provisions regarding interception of communications, acts of terrorism transcending national boundaries, and money laundering to cover offenses under this Act.