118 STAT. 3769 PUBLIC LAW 108–458—DEC. 17, 2004 (3) in section 2332b(g)(5)(B)(i), by inserting after ‘‘nuclear materials),’’ the following: ‘‘832 (relating to participation in nuclear and weapons of mass destruction threats to the United States)’’. Subtitle J—Prevention of Terrorist Access to Destructive Weapons Act of 2004 SEC. 6901. SHORT TITLE. This subtitle may be cited as the ‘‘Prevention of Terrorist Access to Destructive Weapons Act of 2004’’. SEC. 6902. FINDINGS AND PURPOSE. (a) FINDINGS.—Congress makes the following findings: (1) The criminal use of man-portable air defense systems (referred to in this section as ‘‘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 radi- ation (commonly known as ‘‘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 compel- ling national security interest in preventing unlawful activities that lead to the proliferation or spread of such items, including their unauthorized production, construction, acquisition, transfer, possession, 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 subtitle 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 18 USC 175c note. Prevention of Terrorist Access to Destructive Weapons Act of 2004. 18 USC 1 note. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00303 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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