Home > 106th Congressional Bills > S. 2665 (is) To establish a streamlined process to enable the Navajo Nation to lease trust lands without having to obtain the approval of the Secretary of the Interior of individual leases, except leases for exploration, development, or extraction of any...S. 2665 (is) To establish a streamlined process to enable the Navajo Nation to lease trust lands without having to obtain the approval of the Secretary of the Interior of individual leases, except leases for exploration, development, or extraction of any...
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
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