118 STAT. 3768 PUBLIC LAW 108–458—DEC. 17, 2004 is amended by adding at the end the following: ‘‘sections 175– 178 (relating to biological weapons), sections 229–229F (relating to chemical weapons), section 831 (relating to nuclear materials),’’. SEC. 6803. PARTICIPATION IN NUCLEAR AND WEAPONS OF MASS DESTRUCTION THREATS TO THE UNITED STATES. (a) 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’’. (b) Section 92 of the Atomic Energy Act of 1954 (42 U.S.C. 2122) is amended— (1) by inserting ‘‘, inside or outside of the United States,’’ after ‘‘for any person’’; and (2) by inserting ‘‘participate in the development of,’’ after ‘‘interstate or foreign commerce,’’. (c) Title 18, United States Code, is amended— (1) in the table of sections at the beginning of chapter 39, by inserting after the item relating to section 831 the following: ‘‘832. Participation in nuclear and weapons of mass destruction threats to the United States.’’; (2) by inserting after section 831 the following: ‘‘§ 832. Participation in nuclear and weapons of mass destruc- tion threats to the United States ‘‘(a) Whoever, within the United States or subject to the jurisdic- tion of the United States, willfully participates in or knowingly provides material support or resources (as defined in 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) There is extraterritorial Federal jurisdiction over an offense under this section. ‘‘(c) Whoever without lawful authority develops, possesses, or attempts or conspires to develop or possess a radiological weapon, or threatens to use or uses a radiological weapon against any person within the United States, or a national of the United States while such national is outside of the United States or against any property that is owned, leased, funded, or used by the United States, whether that property is within or outside of the United States, shall be imprisoned for any term of years or for life. ‘‘(d) As used in this section— ‘‘(1) ‘nuclear weapons program’ means a program or plan for the development, acquisition, or production of any nuclear weapon or weapons; ‘‘(2) ‘weapons of mass destruction program’ means a pro- gram or plan for the development, acquisition, or production of any weapon or weapons of mass destruction (as defined in section 2332a(c)); ‘‘(3) ‘foreign terrorist power’ means a terrorist organization designated under section 219 of the Immigration and Nation- ality Act, or a state sponsor of terrorism designated under section 6(j) of the Export Administration Act of 1979 or section 620A of the Foreign Assistance Act of 1961; and ‘‘(4) ‘nuclear weapon’ means any weapon that contains or uses nuclear material as defined in section 831(f)(1).’’; and VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00302 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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