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(9) Any additional information relating to the provision of assistance authorized by this title, including the use of the poverty measurement tools required by section 254, or additional information on assistance provided by the United States to support microenterprise development under this title or any other provision of law. (c) Limitation
The content of the report required by this section shall be produced by the Office established under section 252(b)(1), and shall be made available for free electronic distribution through such Office. 259. Definition
In this title: (1) Administrator
The term Administrator means the Administrator of the Agency.
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(2) Agency
The term Agency means the United States Agency for International Development. (3) Appropriate congressional committees
The term appropriate congressional committees means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. (4) Business development services
The term business development services means support for the growth of microenterprises through training, technical assistance, marketing assistance, improved production technologies, and other related services. (5) Director
The term Director means the Director of the Office.
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(6) Eligible implementing partner organization
The term eligible implementing partner organization means an entity eligible to receive assistance under this title which is— (A) a United States or an indigenous private voluntary organization; (B) a United States or an indigenous credit union; (C) a United States or an indigenous cooperative organization; (D) an indigenous governmental or nongovernmental organization; (E) a microenterprise institution; (F) a microfinance institution; or (G) a practitioner institution.
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(7) Microenterprise institution
The term microenterprise institution means a not-for-profit entity that provides services, including microfinance, training, or business development services, for microentreprise clients in foreign countries. (8) Microfinance institution
The term microfinance institution means a not-for-profit entity or a regulated financial intermediary that directly provides, or works to expand, the availability of credit, savings, and other financial services to microentreprise clients in foreign countries.
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(9) Microfinance network
The term ‘microfinance network’ means an affiliated group of practitioner institutions that provides services to its members, including financing, technical assistance, and accreditation, for the purpose of promoting the financial sustainability and societal impact of microenterprise assistance. (10) Office
The term Office means the Office of Microenterprise Development established under section 252(b)(1).
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(11) Practitioner institution
The term practitioner institution means a not-for-profit entity or a regulated financial intermediary, including a microfinance network, that provides services, including microfinance, training, or business development services, for microentreprise clients, or provides assistance to microenterprise institutions in foreign countries.
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(12) Private voluntary organization
The term private voluntary organization means a not-for-profit entity that— (A) engages in and supports activities of an economic or social development or humanitarian nature for citizens in foreign countries; and (B) is incorporated as such under the laws of the United States, including any of its states, territories or the District of Columbia, or of a foreign country. (13) United states-supported microfinance institution
The term United States-supported microfinance institution means a financial intermediary that has received funds made available under this part for fiscal year 1980 or any subsequent fiscal year.
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(14) Very poor
The term very poor means those individuals— (A) living in the bottom 50 percent below the poverty line established by the national government of the country in which those individuals live; or (B) living on less than the equivalent of $1 per day.. 258. Report
(a) In General
Not later than December 31, 2005, and each December 31 thereafter, the Administrator of the Agency shall submit to the appropriate congressional committees a report that contains a detailed description of the implementation of this title for the previous fiscal year.
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(b) Contents
The report shall contain the following: (1) The number of grants provided under section 252, with a listing of— (A) the amount of each grant; (B) the name of each implementing partner organization; and (C) a listing of the number of countries receiving assistance authorized by sections 252. (2) The results of the monitoring system required under section 253. (3) The process of developing and applying poverty assessment procedures required under section 254.
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(4) The percentage of assistance furnished under section 252 that was allocated to the very poor based on the data collected using the certified methods required by section 254. (5) The absolute number of the very poor reached with assistance furnished under section 252. (6) The amount of assistance provided under section 252 through central mechanisms. (7) The name of each country that receives assistance under section 256 and the amount of such assistance.
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(8) An estimate of the percentage of beneficiaries of assistance under this title who are women, including, to the extent practicable, the percentage of these women who have been victims of sex trafficking, as well as information on efforts to provide assistance under this title to women who have been victims of severe forms of trafficking or who were previously involved in prostitution.
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(9) Any additional information relating to the provision of assistance authorized by this title, including the use of the poverty measurement tools required by section 254, or additional information on assistance provided by the United States to support microenterprise development under this title or any other provision of law. (c) Limitation
The content of the report required by this section shall be produced by the Office established under section 252(b)(1), and shall be made available for free electronic distribution through such Office. 259. Definition
In this title: (1) Administrator
The term Administrator means the Administrator of the Agency.
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(2) Agency
The term Agency means the United States Agency for International Development. (3) Appropriate congressional committees
The term appropriate congressional committees means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. (4) Business development services
The term business development services means support for the growth of microenterprises through training, technical assistance, marketing assistance, improved production technologies, and other related services. (5) Director
The term Director means the Director of the Office.
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(6) Eligible implementing partner organization
The term eligible implementing partner organization means an entity eligible to receive assistance under this title which is— (A) a United States or an indigenous private voluntary organization; (B) a United States or an indigenous credit union; (C) a United States or an indigenous cooperative organization; (D) an indigenous governmental or nongovernmental organization; (E) a microenterprise institution; (F) a microfinance institution; or (G) a practitioner institution.
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(7) Microenterprise institution
The term microenterprise institution means a not-for-profit entity that provides services, including microfinance, training, or business development services, for microentreprise clients in foreign countries. (8) Microfinance institution
The term microfinance institution means a not-for-profit entity or a regulated financial intermediary that directly provides, or works to expand, the availability of credit, savings, and other financial services to microentreprise clients in foreign countries.
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(9) Microfinance network
The term ‘microfinance network’ means an affiliated group of practitioner institutions that provides services to its members, including financing, technical assistance, and accreditation, for the purpose of promoting the financial sustainability and societal impact of microenterprise assistance. (10) Office
The term Office means the Office of Microenterprise Development established under section 252(b)(1).
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(11) Practitioner institution
The term practitioner institution means a not-for-profit entity or a regulated financial intermediary, including a microfinance network, that provides services, including microfinance, training, or business development services, for microentreprise clients, or provides assistance to microenterprise institutions in foreign countries.
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(12) Private voluntary organization
The term private voluntary organization means a not-for-profit entity that— (A) engages in and supports activities of an economic or social development or humanitarian nature for citizens in foreign countries; and (B) is incorporated as such under the laws of the United States, including any of its states, territories or the District of Columbia, or of a foreign country. (13) United states-supported microfinance institution
The term United States-supported microfinance institution means a financial intermediary that has received funds made available under this part for fiscal year 1980 or any subsequent fiscal year.
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(14) Very poor
The term very poor means those individuals— (A) living in the bottom 50 percent below the poverty line established by the national government of the country in which those individuals live; or (B) living on less than the equivalent of $1 per day. 7. Repeals
(a) Foreign Assistance Act of 1961
Section 131 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2152a ) is hereby repealed.
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(b) Public Law 108-31
(1) In general
Section 4 of Public Law 108–31 ( 22 U.S.C. 2151f note) is amended by striking subsection (b). (2) Conforming amendment
Section 4 of Public Law 108–31 is amended by striking (a) and all that follows through Not later and inserting Not later. 8.
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References
Any reference in a law, regulation, agreement, or other document of the United States to section 108, 131, or 132 of the Foreign Assistance Act of 1961 shall be deemed to be a reference to subtitle B of title VI of chapter 2 of part I of the Foreign Assistance Act of 1961, subtitle A of title VI of chapter 2 of part I of such Act, or subtitle C of title VI of chapter 2 of part I of such Act, respectively.
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1. Short title
This Act may be cited as the Prevention of Terrorist Access to Destructive Weapons Act of 2004. 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.
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(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.
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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.
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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.
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(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. 3.
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Missile systems designed to destroy aircraft
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 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,
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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,
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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.
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(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;
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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.
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(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.
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(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.. 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,
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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,
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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.
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(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;
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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.
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(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.
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(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. 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 ;
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(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,
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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.
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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.
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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.. 5.
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Radiological dispersal devices
Chapter 113B of title 18, United States Code, is amended by adding after section 2332g the following: 2332h.
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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.
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(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;
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(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.
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(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.
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(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.. 2332h.
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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.
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(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;
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(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.
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(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.
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(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. 6. Variola virus
Chapter 10 of title 18, is amended by inserting after section 175b the following: 175c.
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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.
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(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;
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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.
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(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.
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(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.. 175c.
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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.
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(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;
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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.
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(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.
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(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. 7.
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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,. 8. Amendments to section 2332 b ( g )(5)(B) of title 18,
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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), ;
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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. 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),
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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 ,
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or section 92 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2122 ) (relating to prohibitions governing atomic weapons). 10. Export licensing process
Section 38(g)(1)(A) of the Arms Export Control Act ( 22 U.S.C.
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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.
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2332h ), and variola virus ( 18 U.S.C. 175b );. 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.
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(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.
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1. Short title
This Act may be cited as the E-mail Privacy Protection Act of 2004. 2. Interception of electronic communications during transmission
Section 2510(12) of title 18, United States Code, is amended by inserting and includes any temporary, intermediate storage of that communication incidental to the electronic transmission thereof, after commerce,. 3.
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Improper acquisition of contents of stored electronic communications by electronic communications providers
Section 2701 of title 18, United States Code, is amended by adding at the end the following: (d) Improper acquisition by service provider
Whoever, being a provider of an electronic communication service, or an agent or employee of such a provider, acquires or uses the contents of a stored electronic communication of which that provider, agent, or employee is not an intended recipient other than for the purposes of providing that electronic communication service, shall be fined under this title or imprisoned not more than 5 years, or both..
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1. Permanent resident status for Rona Ramon, Asaf Ramon, Tal Ramon, Yiftach Ramon, and Noah Ramon
(a) In general
Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Rona Ramon, Asaf Ramon, Tal Ramon, Yiftach Ramon,
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and Noah Ramon shall each be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident.
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(b) Adjustment of status
If Rona Ramon, Asaf Ramon, Tal Ramon, Yiftach Ramon, or Noah Ramon enters the United States before the filing deadline specified in subsection (c), he or she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act.
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(c) Deadline for application and payment of fees
Subsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (d) Reduction of immigrant visa number
Upon the granting of an immigrant visa or permanent residence to Rona Ramon, Asaf Ramon, Tal Ramon, Yiftach Ramon, and Noah Ramon, the Secretary of State shall instruct the proper officer to reduce by 5, during the current or next following fiscal year,
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the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 202(e) of such Act.
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(e) Denial of preferential immigration treatment for certain relatives
The natural parents, brothers, and sisters of Rona Ramon, Asaf Ramon, Tal Ramon, Yiftach Ramon, and Noah Ramon shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.
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1. Condition on United States military cooperation with the government of Bulgaria
The Secretary of Defense may not enter into any contract or other agreement with the government of Bulgaria regarding United States military cooperation with the government of Bulgaria within the territory of Bulgaria, including contracts or agreements for joint training activities or the construction of United States military facilities, unless the Secretary certifies to Congress, after consultation with the Secretary of State, that United States citizens and corporations are afforded full due process of law in Bulgaria, which would be evidenced at least in part by the full and fair resolution of the claims of IBE Trade Corporation, a United States corporation,
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for the wrongful conversion of its shares of stock of CHIMCO AD, a fertilizer plant located in Vratza, Bulgaria, consistent with the decisions of the New York State courts in IBE Trade Corp (Plaintiff) v. Iuori P. Litvinenko a/k/a Iourii P. Litvinenko, IBE TRANS of NY, Inc. and John Doe Nos. 1-10, (Defendants), Index No. 122268/99.
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1. Short title; table of contents
(a) Short title
This Act may be cited as the Winning the War on Terror Act of 2004. (b) Table of contents
The table of contents for this Act is as follows: Sec. 1. Short title; table of contents Title I—Increasing Special Forces Sec. 2. Increase in special operations forces assigned to special operations command Sec. 3. Annual report on special operations forces retention Sec. 4.
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Report on active and reserve mix for special operations forces and special forces transformation Title II—Strengthening Counter-Proliferation Sec. 11. Sense of Congress on counterproliferation programs Sec. 12. Global Threat Reduction Initiative Sec. 13. Cooperative Threat Reduction Initiative Sec. 14. Sense of Congress on Proliferation Security Initiative Sec. 15. Threat assessments on sources of radiological materials Sec. 16. Elimination of United States chemical stockpile Title III—Improving the Terrorist Screening Center Sec. 21.
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Targeting terrorist travel Title IV—Improving Border Security Sec. 30. Short title Subtitle A—Securing Our Borders Chapter 1—Infrastructure Enhancements Sec. 31. Establishment of Land Border Infrastructure Improvement Fund Sec. 32. Requiring a vulnerability assessment of land ports of entry Sec. 33. Enhancing SENTRI, FAST, and NEXUS preenrollment programs Chapter 2—Enhancing Border Monitoring Technology Sec. 35. Deployment of surveillance systems along the U.S.-Mexico border Sec. 36.
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Deployment of surveillance systems along the U.S.–Canadian border Sec. 37. Level of K–9 units Chapter 3—Ensuring Sufficient Well-Trained Personnel at Our Borders Sec. 41. Double the number of CBP personnel Sec. 42. Assessing staffing needs at our borders Sec. 43. Additional and continuous training for inspectors Sec. 44. Requiring report on the One Face at the Border Initiative Chapter 4—Establishing a Comprehensive Border Security Strategy Sec. 51. Land border security strategy Sec. 52. Improved information sharing Sec.
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53. Creation of northern and southern border coordinators Sec. 54. Smart Border Accord implementation Sec. 55. Sense of Congress on the period of admission for border crossing card holders Chapter 5—Enhancing Border Security Programs Sec. 61. Creating a more effective entry-exit system Sec. 62. Transportation worker identification card Sec. 63. Standards and verification procedures for the security of intermodal cargo containers Sec. 64.
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Sense of Congress on the need for additional staff for the United States Consulate-General in Mexico Chapter 6—Securing our Tribal and Federal Lands and Territories Sec. 65. Office of Tribal Security Sec. 66. Transfer of Shadow Wolves from CPB to ICE Sec. 67. DHS and DOI coordination on border security; provision of temporary authority to DHS to transfer funds Subtitle B—Securing Identification Documents Sec. 71. State identification document standards Sec. 72.
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Training in fraud detection and prevention for officers in divisions of motor vehicles Subtitle C—Securing the Interior; Tools for Border Security Chapter 1—Increase in Staff for ICE Sec. 81. Personnel increase Sec. 82. ICE strategy and staffing assessment Chapter 2—Increase in Detention Space Sec. 85. Increase in detention space Sec. 86. Sense of Congress regarding processing of criminal aliens while incarcerated Sec. 87. Sense of Congress regarding increase in prosecutors and immigration judges Chapter 3—Enhancing Law Enforcement Access to Informants Sec. 91.
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New class of nonimmigrant aliens Sec. 92. Adjustment of status of nonimmigrant to that of person admitted for permanent residence Chapter 4—Increased Penalties for Smuggling Sec. 95. Combating aggravated alien smuggling Sec. 96. Increased criminal sentences and fines for alien smuggling Sec. 97. Increased penalty for smuggling Subtitle D—Beyond our Borders (International) Chapter 1—Coordinating DHS Mission Overseas Sec. 101. Office of International Affairs; effective and efficient management and coordination of international assignments Sec. 102.
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Creation of an Office of Overseas Service Chapter 2—Implementing a More Effective Visa Security Program Sec. 105. Implementing a more effective visa security program Chapter 3—Securing the Visa Waiver Program Sec. 106. Visa waiver program passenger screening; biographical checks Sec. 107. Defining security responsibilities of the Visa Waiver Program Office Sec. 108. Additional and continuous training for inspectors in fraud and imposter detection Sec. 109. Authorization of funds Subtitle E—Securing the Immigration Benefits Process Sec. 111.
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Immigration ombudsman Sec. 112. CIS workflow, technology, and staffing assessment Sec. 113. Study on biometrics Sec. 114. Digitizing immigration functions Sec. 115. Study on digitizing immigration benefit applications Title V—Strengthening Rail Security Sec. 121. Public transportation system grants and training Sec. 122. Public transportation security plan, best practices, and awareness Sec. 123. Memorandum of Agreement Title VI—Strengthening Port Security Sec. 130.
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Short title Subtitle A—Bureau of Customs and Border Protection security programs Sec. 131. Amendments to the Homeland Security Act of 2002 Subtitle B—Port Security Sec. 135. Port security grant funding Sec. 136. Funding for collaborative program for development of maritime information sharing and analysis capability Sec. 137. Appropriate congressional committees defined Subtitle C—Strengthening the Coast Guard Sec. 141. Acceleration of integrated deepwater program Sec. 142. Increase in authorized Coast Guard personnel Sec. 143.
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Sense of the Congress regarding naming new vessels under the Deepwater Program for cities of the United States Title VII—Strengthening Aviation Security Sec. 151. Passenger and baggage screening operations Sec. 152. Checked baggage security screening Sec. 153. Aviation security capital fund Sec. 154. Elimination of bag-match program as acceptable alternative for checked baggage Sec. 155. Aviation security technologies Sec. 156. Inspection of cargo carried aboard passenger aircraft Sec. 157. Database on known shipping companies Sec. 158. Flight crew communication systems Sec.
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159. National Strategy for Transportation Security Sec. 160. Use of watchlists for passenger air transportation screening Title VIII—Improving Private Sector Preparedness Sec. 161. Short title Sec. 162. Findings Sec. 163. Private sector emergency preparedness program Title IX—Increasing Information Sharing Sec. 165. Information sharing Title X—Protecting Critical Infrastructure Sec. 171. Critical infrastructure evaluation and prioritization program Sec. 172. Deadline for comprehensive national plan to secure critical infrastructure and key assets Sec. 173. Regulatory authority Sec. 174.
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Best practices Title XI—Defending Against Bioterrorism Subtitle A—National Biodefense Strategy Sec. 181. National biodefense strategy Subtitle B—Development of Medical Countermeasures Sec. 184. Short title Sec. 185. Findings and policy Sec. 186. Rapid biodefense countermeasures development national strategy Sec. 187. Clinical research under emergency conditions Sec. 188. Interagency working group Sec. 189. Developing the capability for rapid biodefense countermeasure development Title XII—Chemical Security Improvement Sec.
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191. Short title Sec. 192. Definitions Sec. 193. Vulnerability assessments and site security plans Sec. 194. Whistleblower protection Sec. 195. Enforcement Sec. 196. Interagency technical support and cooperation Sec. 197. Penalties Sec. 198. No effect on requirements under other law Title XIII—Improving Cybersecurity Sec. 201. Cybersecurity training programs and equipment Sec. 202. Assistant Secretary for Cybersecurity Title XIV—Enabling Communications Interoperability Sec. 211.
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Short title Sec. 212. Findings; purposes Sec. 213. Establishment of the Office of Wireless Public Safety Interoperable Communications Sec. 214. Interoperable communications technology grant program Title XV—Strengthening Privacy Protections Within the Department of Homeland Security Subtitle A—SHIELD Privacy Act Sec. 221. Short title Sec. 222. Findings Sec. 223. Chief Privacy Officer Sec. 224. Privacy policy of departments and independent agencies Sec. 225. Commission on Privacy, Freedom, and Homeland Security Sec. 226.
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Privacy and Civil Liberties Oversight Board Subtitle B—Civil Rights and Civil Liberties Sec. 231. Short title Sec. 232. Mission of Department of Homeland Security Sec. 233. Officer for Civil Rights and Civil Liberties Sec. 234. Protection of civil rights and civil liberties by Office of Inspector General Sec. 235. Privacy officer Title XVI—Preventing the Rise of Future Terrorists Sec. 241. Role of Pakistan in countering terrorism Sec. 242. Aid to Afghanistan Sec. 243. The United States-Saudi Arabia relationship Sec. 244.
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Efforts to combat Islamic terrorism by engaging in the struggle of ideas in the Islamic world Sec. 245. United States policy toward dictatorships Sec. 246. Promotion of United States values through broadcast media Sec. 247. Use of United States scholarship and exchange programs in the Islamic world Sec. 248. International Youth Opportunity Fund Sec. 249. Report on the use of economic policies to combat terrorism Sec. 250. Middle East Partnership Initiative Sec. 251. Comprehensive coalition strategy for fighting terrorism 2.
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