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 Com-
mittee 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 juris-
diction 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Weapons of Mass De-
struction 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 insert-
ing 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 of-
fense; 
‘‘(ii) such property is used in interstate or for-
eign commerce or in an activity that affects inter-
state or foreign commerce; 
‘‘(iii) any perpetrator travels in or causes an-
other 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 af-
fected 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 pe-
riod 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 fur-
ther 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 de-
fined in section 229F))’’.
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENT.—The table of sections for chapter 113B of 
title 18, United States Code, is amended in the mat-
ter relating to section 2332a by striking ‘‘certain’’. 
(c) EXPANSION
OF CATEGORIES
OF RESTRICTED 
PERSONS SUBJECT TO PROHIBITIONS RELATING TO SE-
LECT 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 govern-
ment or official of a country described in this 
subparagraph;’’; 
(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 con-
trol 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 Regula-
tions, 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 nu-
clear material’’ and inserting ‘‘or participate in the devel-
opment 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: 
‘‘§ 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 re-
sources (as that term is defined under section 2339A) to 
a nuclear weapons program, or other weapons of mass de-
struction 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 Fed-
eral 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 organiza-
tion designated under section 219 of the Immigra-
tion 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 Assist-
ance 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 sec-
tion 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
PRO-
GRAM.—The term ‘weapons of mass destruction pro-
gram’ 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 sec-
tion 2332a(c)).’’. 
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENT.—The table of sections for chapter 39 of title 
18, United States Code, is amended by adding at 
the end the following: 
‘‘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 (relat-
ing to participation in nuclear and weapons of mass de-
struction threats to the United States)’’ after ‘‘nuclear 
materials),’’. 
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