[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),''.
                                 <all>