[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2665 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 2665
To strengthen and enhance the prevention and prosecution of crimes
using weapons of mass destruction, 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 strengthen and enhance the prevention and prosecution of crimes
using weapons of mass destruction, 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 ``Weapons of Mass Destruction
Prohibition Improvement Act of 2004''.
SEC. 2. WEAPONS OF MASS DESTRUCTION.
(a) Expansion of Jurisdictional Bases and Scope.--Section 2332a of
title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by striking paragraph (2) and inserting the
following:
``(2)(A) against any person or property within the United
States, and--
``(B)(i) the mail or any facility of interstate or foreign
commerce is used in furtherance of the offense;
``(ii) such property is used in interstate or foreign
commerce or in an activity that affects interstate or foreign
commerce;
``(iii) any perpetrator travels in or causes another to
travel in interstate or foreign commerce in furtherance of the
offense; or
``(iv) the offense, or the results of the offense, affect
interstate or foreign commerce, or, in the case of a threat,
attempt, or conspiracy, would have affected interstate or
foreign commerce;'';
(B) in paragraph (3), by striking the comma at the
end and inserting ``; or''; and
(C) by adding at the end the following:
``(4) against any property within the United States that is
owned, leased, or used by a foreign government,''; and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(3) the term `property' includes all real and personal
property.''.
(b) Restoration of the Coverage of Chemical Weapons.--
(1) In general.--Section 2332a of title 18, United States
Code, as amended by this Act, is further amended by--
(A) in the section heading, by striking
``certain'';
(B) in subsection (a), by striking ``(other than a
chemical weapon as that term is defined in section
229F)''; and
(C) in subsection (b), by striking ``(other than a
chemical weapon (as that term is defined in section
229F))''.
(2) Technical and conforming amendment.--The table of
sections for chapter 113B of title 18, United States Code, is
amended in the matter relating to section 2332a by striking
``certain''.
(c) Expansion of Categories of Restricted Persons Subject to
Prohibitions Relating to Select Agents.--Section 175b(d)(2) of title
18, United States Code, is amended--
(1) in subparagraph (G)--
(A) by inserting ``(i)'' after ``(G)'';
(B) by striking ``or'' after the semicolon; and
(C) by adding at the end the following:
``(ii) acts for or on behalf of, or operates
subject to the direction or control of, a government or
official of a country described in this
subparagraph;''; and
(2) in subparagraph (H), by striking the period and
inserting ``; or''; and
(3) by adding at the end the following:
``(I) is a member of, acts for or on behalf of, or
operates subject to the direction or control of, a
terrorist organization (as that term is defined under
section 212(a)(3)(B)(vi) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi))).''.
(d) Conforming Amendment to Regulations.--
(1) In general.--Section 175b(a)(1) of title 18, United
States Code, is amended by striking ``as a select agent in
Appendix A'' and all that follows through the period and
inserting ``as a non-overlap or overlap select biological agent
or toxin in sections 73.4 and 73.5 of title 42, Code of Federal
Regulations, pursuant to section 351A of the Public Health
Service Act, and is not excluded under sections 73.4 and 73.5
or exempted under section 73.6 of title 42, Code of Federal
Regulations.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date that sections 73.4, 73.5, and
73.6 of title 42, Code of Federal Regulations, become
effective.
SEC. 3. PARTICIPATION IN NUCLEAR AND WEAPONS OF MASS DESTRUCTION
THREATS TO THE UNITED STATES.
(a) Atomic Energy Act.--Section 57(b) of the Atomic Energy Act of
1954 (42 U.S.C. 2077(b)) is amended by striking ``in the production of
any special nuclear material'' and inserting ``or participate in the
development or production of any special nuclear material or atomic
weapon''.
(b) Nuclear Weapon and WMD Threats.--
(1) In general.--Chapter 39 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 838. Participation in nuclear and weapons of mass destruction
threats to the United States
``(a) In General.--Whoever, within the United States, or subject to
the jurisdiction of the United States, willfully participates in or
provides material support or resources (as that term is defined under
section 2339A) to a nuclear weapons program, or other weapons of mass
destruction program of a foreign terrorist power, or attempts or
conspires to do so, shall be imprisoned for not more than 20 years.
``(b) Jurisdiction.--There is extraterritorial Federal jurisdiction
over an offense under this section.
``(c) Definitions.--As used in this section--
``(1) Foreign terrorist power.--The term `foreign terrorist
power' means a terrorist organization designated under section
219 of the Immigration and Nationality Act (8 U.S.C. 1189), or
a state sponsor of terrorism designated under section 6(j) of
the Export Administration Act of 1979 (50 U.S.C. App. 2405), or
section 620A of the Foreign Assistance Act of 1961 (22 U.S.C.
2371).
``(2) Nuclear weapon.--The term `nuclear weapon' means any
weapon that contains or uses nuclear material (as that term is
defined under section 831(f)(1)).
``(3) Nuclear weapons program.--The term `nuclear weapons
program' means a program or plan for the development,
acquisition, or production of any nuclear weapon or weapons.
``(4) Weapons of mass destruction program.--The term
`weapons of mass destruction program' means a program or plan
for the development, acquisition, or production of any weapon
or weapons of mass destruction (as that term is defined in
section 2332a(c)).''.
(2) Technical and conforming amendment.--The table of
sections for chapter 39 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 838. Participation in nuclear and weapons of mass
destruction threats to the United
States.''.
(c) Act of Terrorism Transcending National Boundaries.--Section
2332b(g)(5)(B)(i) of title 18, United States Code, is amended by
inserting ``832 (relating to participation in nuclear and weapons of
mass destruction threats to the United States)'' after ``nuclear
materials),''.
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