Page:United States Statutes at Large Volume 112 Part 4.djvu/896

 112 STAT. 2681-867 PUBLIC LAW 105-277—OCT. 21, 1998 "(1) to develop, produce, otherwise acquire, transfer directly or indirectly, receive, stockpile, retain, own, possess, or use, or threaten to use, any chemical weapon; or "(2) to assist or induce, in any way, any person to violate paragraph (1), or to attempt or conspire to violate paragraph (1). " (b) EXEMPTED AGENCIES AND PERSONS.— "(1) IN GENERAL.— Subsection (a) does not apply to the retention, ownership, possession, transfer, or receipt of a chemical weapon by a department, agency, or other entity of the United States, or by a person described in paragraph (2), pending destruction of the weapon. "(2) EXEMPTED PERSONS.— A person referred to in paragraph (1)is— "(A) any person, including a member of the Armed Forces of the United States, who is authorized by law or by an appropriate officer of the United States to retain, own, possess, transfer, or receive the chemical weapon; or "(B) in an emergency situation, any otherwise nonculpable person if the person is attempting to destroy or seize the weapon. "(c) JURISDICTION. — Conduct prohibited by subsection (a) is within the jurisdiction of the United States if the prohibited conduct— "(1) takes place in the United States; "(2) takes place outside of the United States and is committed by a national of the United States; "(3) is committed against a national of the United States while the national is outside the United States; or "(4) 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. "§229A. Penalties " (a) CRIMINAL PENALTIES.— "(1) IN GENERAL.—Any person who violates section 229 of this title shall be fined under this title, or imprisoned for any term of years, or both. "(2) DEATH PENALTY. —Any person who violates section 229 of this title and by whose action the death of another person is the result shall be punished by death or imprisoned for life. "(b) CIVIL PENALTIES.— "(1) IN GENERAL.— The Attorney General may bring a civil action in the appropriate United States district court against any person who violates section 229 of this title and, upon proof of such violation by a preponderance of the evidence, such person shall be subject to pay a civil penalty in an amount not to exceed $100,000 for each such violation. "(2) RELATION TO OTHER PROCEEDINGS.—The imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory, common law, or administrative remedy, which is available by law to the United States or any other person.

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