(b) When so authorized by the Commission, any member or agent of the Commission may take any action which the Commission is authorized to take by this section.

(c) The Commission may secure directly from any Federal agency information necessary to enable it to carry out this title. Upon request of the Chairman, the head of any such Federal agency shall furnish such information to the Commission.

REPORTS

SEC. 1516. The Commission shall transmit to the President and to each House of the Congress such interim reports as it considers appropriate and shall transmit a final report to the President and to each House of the Congress not later than one year after the date on which appropriations first become available to carry out this title. The final report shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation as it considers appropriate.

TERMINATION

SEC. 1517. The Commission shall cease to exist sixty days after transmitting its final report under section 1516.

AUTHORIZATION OF APPROPRIATION

SEC. 1518. There is authorized to be appropriated not to exceed $500,000 to carry out this title.

DEFINITIONS

SEC. 1519. For purposes of this title

(1) the term "Academy" means the National Academy of Peace and Conflict Resolution;

(2) the term "Chairman" means the Chairman of the Commission selected under section 1513(e);

(3) the term "Commission" means the Commission on Proposals for the National Academy of Peace and Conflict Resolution; and

(4) the term "Federal agency" means any agency, department, or independent establishment in the executive branch of the Federal Government, including any Government corporation.

3. Diplomatic Security and Anti-Terrorism 1

a. International Terrorism

Chapter 113A of title 18, United States Code, as added by Public Law 99-399 [Omnibus Diplomatic Security and Antiterrorism Act of 1986; H.R. 4151], 100 Stat. 853, approved August 27, 1986; and amended by Public Law 100-690 [Anti-Drug Abuse Act of 1988; H.R. 5210], 102 Stat. 4181, approved November 18, 1988; Public Law 101-519 2 [Military Construction Appropriations Act, 1991; H.R. 5313], 104 Stat. 2240 at 2250, approved November 5, 1990; and by Public Law 102-27 [Dire Emergency Supplemental Appropriations For Consequences of Operation Desert Shield/Desert Storm, Food Stamps, Unemployment Compensation Administration, Veterans Compensation and Pensions, and Other Urgent Needs Act of 1991; H.R. 1281], 105 Stat. 130, approved April 10, 1991

CHAPTER 113A-TERRORISM

§ 2331.3 Terrorist acts abroad against United States nationals (a) HOMICIDE.-Whoever kills a national of the United States, while such national is outside the United States, shall

(1) if the killing is a murder as defined in section 1111(a) of this title, be fined under this title or imprisoned for any term of years or for life, or both so fined and so imprisoned;

(2) if the killing is a voluntary manslaughter as defined in section 1112(a) of this title, be fined under this title or impris oned not more than ten years, or both; and

(3) if the killing is an involuntary manslaughter as defined in section 1112(a) of this title, be fined under this title or imprisoned not more than three years, or both.

(b) ATTEMPT OR CONSPIRACY WITH RESPECT TO HOMICIDE.-Whoever outside the United States attempts to kill, or engages in a conspiracy to kill, a national of the United States shall

1 See also PLO Commitments Compliance Act of 1989, title VIII of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 76), page 99.

2 Sec. 132 of Public Law 101-519 (104 Stat. 225) amended section 2331 of chapter 113A, title 18, U.S.C., redesignated it as section 2332, and added new secs. 2331, 2333 through 2338. Sec. 132(d) of that Act further provided that "This section and the amendments made by this section shall apply to any pending case and any cause of action arising on or after 3 years before the date of enactment of this section.".

However, sec. 402 of Public Law 102-27 (105 Stat. 155), as amended by sec. 126 of Public Law 102-136 (105 Stat. 643), repealed the amendments of Public Law 101-519, restoring sec. 2332 as sec. 2331. Sec. 402 of Public Law 102-27, as amended, provided as follows:

"SEC. 402. MILITARY CONSTRUCTION.

"(a) In Public Law 101-519, the Military Construction Appropriations Act, 1991, sections 131 and 132 are hereby repealed effective November 5, 1990.

"(b) Effective November 5, 1990, chapter 113A of title 18, United States Code, is amended to read as if section 132 of Public Law 101-519 had not been enacted.".

Sec. 131 of Public Law 101-519 (104 Stat. 2249) related to the payment of claims by U.S. nationals against Iraq, and the availability of any Iraqi assets blocked by Executive Order 12722 for such claims.

Sec. 132 of Public Law 101-519, cited as the Antiterrorism Act of 1990, may be found beginning at 104 Stat. 2250.

3 Sec. 2331 was added by sec. 1202(a) of Public Law 99-399 (100 Stat. 896).

(1) in the case of an attempt to commit a killing that is a murder as defined in this chapter, be fined under this title or imprisoned not more than 20 years, or both; and

(2) in the case of a conspiracy by two or more persons to commit a killing that is a murder as defined in section 1111(a) of this title, if one or more of such persons do any overt act to effect the object of the conspiracy, be fined under this title or imprisoned for any term of years or for life, or both so fined and so imprisoned.

(c) OTHER CONDUCT.-Whoever outside the United States engages in physical violence

(1) with intent to cause serious bodily injury to a national of the United States; or

(2) with the result that serious bodily harm is caused to a national of the United States;

shall be fined under this title or imprisoned not more than five years, or both.

(d) DEFINITION.-As used in this section the term "national of the United States" has the meaning given such term in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).

(e) LIMITATION ON PROSECUTION.-No prosecution for any offense described in this section shall be undertaken by the United Stats except on written certification of the Attorney General or the highest ranking subordinate of the Attorney General with responsibility for criminal prosecutions that, in the judgment of the certifying official, such offense was intended to coerce, intimidate, or retaliate against a government or a civilian population.

b. Biological Weapons Anti-Terrorism Act of 1989

Partial text of Public Law 101-298 [Biological Weapons Anti-Terrorism Act of 1989; S. 993] 104 Stat. 201, approved May 22, 1990

AN ACT To implement the Convention on the Prohibition of the Development, Production, and Stockpiling of Bacteriological (Biological) and Toxin Weapons and Their Destruction, by prohibiting certain conduct relating to biological weapons, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1.1 SHORT TITLE.

This Act may be cited as the "Biological Weapons Anti-Terrorism Act of 1989".

SEC. 2.1 PURPOSE AND INTENT.

(a) PURPOSE.-The purpose of this Act is to

(1) implement the Biological Weapons Convention, an international agreement unanimously ratified by the United States Senate in 1974 and signed by more than 100 other nations, including the Soviet Union; and

(2) protect the United States against the threat of biological terrorism.

(b) INTENT OF ACT.-Nothing in this Act is intended to restrain or restrict peaceful scientific research or development.

SEC. 3. TITLE 18 AMENDMENTS.

(a) IN GENERAL.-Title 18, United States Code, is amended by inserting after chapter 9 the following:

"Sec.

"CHAPTER 10-BIOLOGICAL WEAPONS

"175. Prohibitions with respect to biological weapons.

"176. Seizure, forfeiture, and destruction.

"177. Injunctions.

"178. Definitions.

"§ 175. Prohibitions with respect to biological weapons

“(a) IN GENERAL.-Whoever knowingly develops, produces, stockpiles, transfers, acquires, retains, or possesses any biological agent, toxin, or delivery system for use as a weapon, or knowingly assists a foreign state or any organization to do so, shall be fined under this title or imprisoned for life or any term of years, or both. There is extraterritorial Federal jurisdiction over an offense under this section committed by or against a national of the United States.

"(b) DEFINITION.-For purposes of this section, the term 'for use as a weapon' does not include the development, production, trans

118 U.S.C. 175 note.

fer, acquisition, retention, or possession of any biological agent, toxin, or delivery system for prophylactic, protective, or other peaceful purposes.

"§ 176. Seizure, forfeiture, and destruction

"(a) IN GENERAL. (1) Except as provided in paragraph (2), the Attorney General may request the issuance, in the same manner as provided for a search warrant, of a warrant authorizing the seizure of any biological agent, toxin, or delivery system that—

"(A) exists by reason of conduct prohibited under section 175 of this title; or

"(B) is of a type or in a quantity that under the circumstances has no apparent justification for prophylactic, protective, or other peaceful purposes.

"(2) In exigent circumstances, seizure and destruction of any biological agent, toxin, or delivery system described in subparagraphs (A) and (B) of paragraph (1) may be made upon probable cause without the necessity for a warrant.

"(b) PROCEDURE.-Property seized pursuant to subsection (a) shall be forfeited to the United States after notice to potential claimants and an opportunity for a hearing. At such hearing, the government shall bear the burden of persuasion by a preponderance of the evidence. Except as inconsistent herewith, the same procedures and provisions of law relating to a forfeiture under the customs laws shall extend to a seizure or forfeiture under this section. The Attorney General may provide for the destruction or other appropriate disposition of any biological agent, toxin, or delivery system seized and forfeited pursuant to this section.

"(c) AFFIRMAtive Defense.-It is an affirmative defense against a forfeiture under subsection (a)(1)(B) of this section that—

"(1) such biological agent, toxin, or delivery system is for a prophylactic, protective, or other peaceful purpose; and

"(2) such biological agent, toxin, or delivery system, is of a type and quantity reasonable for that purpose.

"§ 177. Injunctions

"(a) IN GENERAL.-The United States may obtain in a civil action an injunction against

"(1) the conduct prohibited under section 175 of this title; "(2) the preparation, solicitation, attempt, or conspiracy to engage in conduct prohibited under section 175 of this title; or "(3) the development, production, stockpiling, transferring, acquisition, retention, or possession, or the attempted development, production, stockpiling, transferring, acquisition, retention, or possession of any biological agent, toxin, or delivery system of a type or in a quantity that under the circumstances has no apparent justification for prophylactic, protective, or other peaceful purposes.

"(b) AFFIRMAtive Defense.-It is an affirmative defense against an injunction under subsection (a)(3) of this section that—

"(1) the conduct sought to be enjoined is for a prophylactic, protective, or other peaceful purpose; and

"(2) such biological agent, toxin, or delivery system is of a type and quantity reasonable for that purpose.