II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Weapons of Mass De5 struction Prohibition Improvement Act of 2004’’. 

6 SEC. 2. WEAPONS OF MASS DESTRUCTION. 

7 (a) EXPANSION OF JURISDICTIONAL BASES AND

8 SCOPE.—Section 2332a of title 18, United States Code, 

9 is amended— 

10 (1) in subsection (a)— 
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1 (A) by striking paragraph (2) and insert2 ing the following: 

3 ‘‘(2)(A) against any person or property within 

4 the United States, and— 

5 ‘‘(B)(i) the mail or any facility of interstate or 

6 foreign commerce is used in furtherance of the of7 fense; 

8 ‘‘(ii) such property is used in interstate or for9 eign commerce or in an activity that affects inter10 state or foreign commerce; 

11 ‘‘(iii) any perpetrator travels in or causes an12 other to travel in interstate or foreign commerce in 

13 furtherance of the offense; or 

14 ‘‘(iv) the offense, or the results of the offense, 

15 affect interstate or foreign commerce, or, in the case 

16 of a threat, attempt, or conspiracy, would have af17 fected interstate or foreign commerce;’’; 

18 (B) in paragraph (3), by striking the 

19 comma at the end and inserting ‘‘; or’’; and 

20 (C) by adding at the end the following: 

21 ‘‘(4) against any property within the United 

22 States that is owned, leased, or used by a foreign 

23 government,’’; and 

24 (2) in subsection (c)— 
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1 (A) in paragraph (1), by striking ‘‘and’’ at 

2 the end; 

3 (B) in paragraph (2), by striking the pe4 riod at the end and inserting ‘‘; and’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(3) the term ‘property’ includes all real and 

7 personal property.’’. 

8 (b) RESTORATION OF THE COVERAGE OF CHEMICAL

9 WEAPONS.— 

10 (1) IN GENERAL.—Section 2332a of title 18, 

11 United States Code, as amended by this Act, is fur12 ther amended by— 

13 (A) in the section heading, by striking 

14 ‘‘CERTAIN’’; 

15 (B) in subsection (a), by striking ‘‘(other 

16 than a chemical weapon as that term is defined 

17 in section 229F)’’; and 

18 (C) in subsection (b), by striking ‘‘(other 

19 than a chemical weapon (as that term is de20 fined in section 229F))’’. 

21 (2) TECHNICAL AND CONFORMING AMEND22 MENT.—The table of sections for chapter 113B of 

23 title 18, United States Code, is amended in the mat24 ter relating to section 2332a by striking ‘‘certain’’. 
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1 (c) EXPANSION OF CATEGORIES OF RESTRICTED

2 PERSONS SUBJECT TO PROHIBITIONS RELATING TO SE3 LECT AGENTS.—Section 175b(d)(2) of title 18, United 

4 States Code, is amended— 

5 (1) in subparagraph (G)— 

6 (A) by inserting ‘‘(i)’’ after ‘‘(G)’’; 

7 (B) by striking ‘‘or’’ after the semicolon; 

8 and 

9 (C) by adding at the end the following: 

10 ‘‘(ii) acts for or on behalf of, or operates 

11 subject to the direction or control of, a govern12 ment or official of a country described in this 

13 subparagraph;’’; and 

14 (2) in subparagraph (H), by striking the period 

15 and inserting ‘‘; or’’; and 

16 (3) by adding at the end the following: 

17 ‘‘(I) is a member of, acts for or on behalf 

18 of, or operates subject to the direction or con19 trol of, a terrorist organization (as that term is 

20 defined under section 212(a)(3)(B)(vi) of the 

21 Immigration and Nationality Act (8 U.S.C. 

22 1182(a)(3)(B)(vi))).’’. 

23 (d) CONFORMING AMENDMENT TO REGULATIONS.— 

24 (1) IN GENERAL.—Section 175b(a)(1) of title 

25 18, United States Code, is amended by striking ‘‘as 
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1 a select agent in Appendix A’’ and all that follows 

2 through the period and inserting ‘‘as a non-overlap 

3 or overlap select biological agent or toxin in sections 

4 73.4 and 73.5 of title 42, Code of Federal Regula5 tions, pursuant to section 351A of the Public Health 

6 Service Act, and is not excluded under sections 73.4 

7 and 73.5 or exempted under section 73.6 of title 42, 

8 Code of Federal Regulations.’’. 

9 (2) EFFECTIVE DATE.—The amendment made 

10 by paragraph (1) shall take effect on the date that 

11 sections 73.4, 73.5, and 73.6 of title 42, Code of 

12 Federal Regulations, become effective. 

13 SEC. 3. PARTICIPATION IN NUCLEAR AND WEAPONS OF 

14 MASS DESTRUCTION THREATS TO THE 

15 UNITED STATES. 

16 (a) ATOMIC ENERGY ACT.—Section 57(b) of the 

17 Atomic Energy Act of 1954 (42 U.S.C. 2077(b)) is 

18 amended by striking ‘‘in the production of any special nu19 clear material’’ and inserting ‘‘or participate in the devel20 opment or production of any special nuclear material or 

21 atomic weapon’’. 

22 (b) NUCLEAR WEAPON AND WMD THREATS.— 

23 (1) IN GENERAL.—Chapter 39 of title 18, 

24 United States Code, is amended by adding at the 

25 end the following: 
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1 ‘‘§ 838. Participation in nuclear and weapons of mass 

2 destruction threats to the United States 

3 ‘‘(a) IN GENERAL.—Whoever, within the United 

4 States, or subject to the jurisdiction of the United States, 

5 willfully participates in or provides material support or re6 sources (as that term is defined under section 2339A) to 

7 a nuclear weapons program, or other weapons of mass de8 struction program of a foreign terrorist power, or attempts 

9 or conspires to do so, shall be imprisoned for not more 

10 than 20 years. 

11 ‘‘(b) JURISDICTION.—There is extraterritorial Fed12 eral jurisdiction over an offense under this section. 

13 ‘‘(c) DEFINITIONS.—As used in this section— 

14 ‘‘(1) FOREIGN TERRORIST POWER.—The term 

15 ‘foreign terrorist power’ means a terrorist organiza16 tion designated under section 219 of the Immigra17 tion and Nationality Act (8 U.S.C. 1189), or a state 

18 sponsor of terrorism designated under section 6(j) of 

19 the Export Administration Act of 1979 (50 U.S.C. 

20 App. 2405), or section 620A of the Foreign Assist21 ance Act of 1961 (22 U.S.C. 2371). 

22 ‘‘(2) NUCLEAR WEAPON.—The term ‘nuclear 

23 weapon’ means any weapon that contains or uses 

24 nuclear material (as that term is defined under sec25 tion 831(f)(1)). 
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1 ‘‘(3) NUCLEAR WEAPONS PROGRAM.—The term 

2 ‘nuclear weapons program’ means a program or plan 

3 for the development, acquisition, or production of 

4 any nuclear weapon or weapons. 

5 ‘‘(4) WEAPONS OF MASS DESTRUCTION PRO6 GRAM.—The term ‘weapons of mass destruction pro7 gram’ means a program or plan for the development, 

8 acquisition, or production of any weapon or weapons 

9 of mass destruction (as that term is defined in sec10 tion 2332a(c)).’’. 

11 (2) TECHNICAL AND CONFORMING AMEND12 MENT.—The table of sections for chapter 39 of title 

13 18, United States Code, is amended by adding at 

14 the end the following: 

‘‘Sec. 838. Participation in nuclear and weapons of mass destruction 

threats to the United States.’’. 

15 (c) ACT OF TERRORISM TRANSCENDING NATIONAL

16 BOUNDARIES.—Section 2332b(g)(5)(B)(i) of title 18, 

17 United States Code, is amended by inserting ‘‘832 (relat18 ing to participation in nuclear and weapons of mass de19 struction threats to the United States)’’ after ‘‘nuclear 

20 materials),’’. 

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