I 

108TH CONGRESS 

2D SESSION H. R. 5066 

To strengthen and enhance the prevention and prosecution of crimes using 

weapons of mass destruction, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 13, 2004 

Mr. SESSIONS introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and 

Commerce, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

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’’. 
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1 SEC. 2. WEAPONS OF MASS DESTRUCTION. 

2 (a) EXPANSION OF JURISDICTIONAL BASES AND

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

4 is amended— 

5 (1) in subsection (a)— 

6 (A) by striking paragraph (2) and insert7 ing the following: 

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

9 the United States, and— 

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

11 foreign commerce is used in furtherance of the of12 fense; 

13 ‘‘(ii) such property is used in interstate or for14 eign commerce or in an activity that affects inter15 state or foreign commerce; 

16 ‘‘(iii) any perpetrator travels in or causes an17 other to travel in interstate or foreign commerce in 

18 furtherance of the offense; or 

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

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

21 of a threat, attempt, or conspiracy, would have af22 fected interstate or foreign commerce;’’; 

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

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

25 (C) by adding at the end the following: 
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1 ‘‘(4) against any property within the United 

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

3 government,’’; and 

4 (2) in subsection (c)— 

5 (A) in paragraph (1), by striking ‘‘and’’ at 

6 the end; 

7 (B) in paragraph (2), by striking the pe8 riod at the end and inserting ‘‘; and’’; and 

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

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

11 personal property.’’. 

12 (b) RESTORATION OF THE COVERAGE OF CHEMICAL

13 WEAPONS.— 

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

15 United States Code, as amended by this Act, is fur16 ther amended by— 

17 (A) in the section heading, by striking 

18 ‘‘CERTAIN’’; 

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

20 than a chemical weapon as that term is defined 

21 in section 229F)’’; and 

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

23 than a chemical weapon (as that term is de24 fined in section 229F))’’. 
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1 (2) TECHNICAL AND CONFORMING AMEND2 MENT.—The table of sections for chapter 113B of 

3 title 18, United States Code, is amended in the mat4 ter relating to section 2332a by striking ‘‘certain’’. 

5 (c) EXPANSION OF CATEGORIES OF RESTRICTED

6 PERSONS SUBJECT TO PROHIBITIONS RELATING TO SE7 LECT AGENTS.—Section 175b(d)(2) of title 18, United 

8 States Code, is amended— 

9 (1) in subparagraph (G)— 

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

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

12 and 

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

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

15 subject to the direction or control of, a govern16 ment or official of a country described in this 

17 subparagraph;’’; 

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

19 and inserting ‘‘; or’’; and 

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

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

22 of, or operates subject to the direction or con23 trol of, a terrorist organization (as that term is 

24 defined under section 212(a)(3)(B)(vi) of the 
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1 Immigration and Nationality Act (8 U.S.C. 

2 1182(a)(3)(B)(vi))).’’. 

3 (d) CONFORMING AMENDMENT TO REGULATIONS.— 

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

5 18, United States Code, is amended by striking ‘‘as 

6 a select agent in Appendix A’’ and all that follows 

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

8 or overlap select biological agent or toxin in sections 

9 73.4 and 73.5 of title 42, Code of Federal Regula10 tions, pursuant to section 351A of the Public Health 

11 Service Act, and is not excluded under sections 73.4 

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

13 Code of Federal Regulations.’’. 

14 (2) EFFECTIVE DATE.—The amendment made 

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

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

17 Federal Regulations, become effective. 

18 SEC. 3. PARTICIPATION IN NUCLEAR AND WEAPONS OF 

19 MASS DESTRUCTION THREATS TO THE 

20 UNITED STATES. 

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

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

23 amended by striking ‘‘in the production of any special nu24 clear material’’ and inserting ‘‘or participate in the devel-
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1 opment or production of any special nuclear material or 

2 atomic weapon’’. 

3 (b) NUCLEAR WEAPON AND WMD THREATS.— 

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

5 United States Code, is amended by adding at the 

6 end the following: 

7 ‘‘§ 838. Participation in nuclear and weapons of mass 

8 destruction threats to the United States 

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

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

11 willfully participates in or provides material support or re12 sources (as that term is defined under section 2339A) to 

13 a nuclear weapons program, or other weapons of mass de14 struction program of a foreign terrorist power, or attempts 

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

16 than 20 years. 

17 ‘‘(b) JURISDICTION.—There is extraterritorial Fed18 eral jurisdiction over an offense under this section. 

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

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

21 ‘foreign terrorist power’ means a terrorist organiza22 tion designated under section 219 of the Immigra23 tion and Nationality Act (8 U.S.C. 1189), or a state 

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

25 the Export Administration Act of 1979 (50 U.S.C. 
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1 App. 2405), or section 620A of the Foreign Assist2 ance Act of 1961 (22 U.S.C. 2371). 

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

4 weapon’ means any weapon that contains or uses 

5 nuclear material (as that term is defined under sec6 tion 831(f)(1)). 

7 ‘‘(3) NUCLEAR WEAPONS PROGRAM.—The term 

8 ‘nuclear weapons program’ means a program or plan 

9 for the development, acquisition, or production of 

10 any nuclear weapon or weapons. 

11 ‘‘(4) WEAPONS OF MASS DESTRUCTION PRO12 GRAM.—The term ‘weapons of mass destruction pro13 gram’ means a program or plan for the development, 

14 acquisition, or production of any weapon or weapons 

15 of mass destruction (as that term is defined in sec16 tion 2332a(c)).’’. 

17 (2) TECHNICAL AND CONFORMING AMEND18 MENT.—The table of sections for chapter 39 of title 

19 18, United States Code, is amended by adding at 

20 the end the following: 

‘‘838. Participation in nuclear and weapons of mass destruction threats to the 

United States.’’. 

21 (c) ACT OF TERRORISM TRANSCENDING NATIONAL

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

23 United States Code, is amended by inserting ‘‘832 (relat24 ing to participation in nuclear and weapons of mass de-
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1 struction threats to the United States)’’ after ‘‘nuclear 

2 materials),’’. 

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