§ 2332a. Use of weapons of mass destruction

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1994

   Federal Death Penalty Act of 1994

   Pub. L. 103–322 title VI § 60023(a) · 108 Stat. 1796

   Enacted · 18 U.S.C. § 2332a

   Added Pub. L. 103–322, title VI, § 60023(a), Sept. 13, 1994, 108 Stat. 1980

   Source evidence

   Code source credit
   Added Pub. L. 103–322, title VI, § 60023(a), Sept. 13, 1994, 108 Stat. 1980

   Enacted provision · exact public law section
   (a) Offense.— Chapter 113A of title 18, United States Code, is amended by inserting after section 2332 the following new section: “§2332a. Use of weapons of mass destruction “(a) Offense.— A person who uses, or attempts or conspires to use, a weapon of mass destruction— “(1) against a national of the United States while such national is outside of the United States; “(2) against any person within the United States; or “(3) against any property that is owned, leased or used by the United States or by any department or agency of the United States, whether the property is within or outside of the United States, shall be imprisoned for any term of years or for life, and if death results, shall be punished by death or imprisoned for any term of years or for life. “(b) Definitions.— For purposes of this section— “(1) the term ‘national of the United States’ has the meaning given in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); and “(2) the term ‘weapon of mass destruction’ means— “(A) any destructive device as defined in section 921 of this title; “(B) poison gas; “(C) any weapon involving a disease organism; or “(D) any weapon that is designed to release radiation or radioactivity at a level dangerous to human life.”

2. 1996

   Pub. L. 104–132 title V § 511(c) · 110 Stat. 1214

   1. Inserted · 18 U.S.C. § 2332a(a)

      Pub. L. 104–132, §§ 511(c), 725(1)(A), (B), in heading, inserted “Against a National of the United States or Within the United States” after “Offense”, and in introductory provisions

   2. Substituted · 18 U.S.C. § 2332a(a)

      Pub. L. 104–132, §§ 511(c), 725(1)(A), (B), in heading, substituted “, without lawful authority, uses, threatens, or attempts” for “uses, or attempts”

   3. Inserted · 18 U.S.C. § 2332a(a)

      Pub. L. 104–132, §§ 511(c), 725(1)(A), (B), in heading, inserted “, including any biological agent, toxin, or vector (as those terms are defined in section 178)” after “mass destruction”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 104–132, §§ 511(c), 725(1)(A), (B), in heading, inserted “Against a National of the United States or Within the United States” after “Offense”, and in introductory provisions, substituted “, without lawful authority, uses, threatens, or attempts” for “uses, or attempts” and inserted “, including any biological agent, toxin, or vector (as those terms are defined in section 178)” after “mass destruction”.

   Enacted provision · exact public law section
   (c) Terrorism.— Section 2332a(a) of title 18, United States Code, is amended by inserting “, including any biological agent, toxin, or vector (as those terms are defined in section 178)” after “destruction”.

3. 1996

   Pub. L. 104–132 § 725(1)(C) · 110 Stat. 1214

   Inserted · 18 U.S.C. § 2332a(a)(2)

   Pub. L. 104–132, § 725(1)(C), inserted before semicolon at end “, and the results of such use affect interstate or foreign commerce or, in the case of a threat, attempt, or conspiracy, would have affected interstate or foreign commerce”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 104–132, § 725(1)(C), inserted before semicolon at end “, and the results of such use affect interstate or foreign commerce or, in the case of a threat, attempt, or conspiracy, would have affected interstate or foreign commerce”.

   Enacted provision · exact public law section
   (C) in paragraph (2), by inserting “, and the results of such use affect interstate or foreign commerce or, in the case of a threat, attempt, or conspiracy, would have affected interstate or foreign commerce” before the semicolon at the end;

4. 1996

   Pub. L. 104–132 § 725(4) · 110 Stat. 1214

   Redesignated · 18 U.S.C. § 2332a(b)

   Pub. L. 104–132, § 725(4), added subsec. (b). Former subsec. (b) redesignated (c)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 104–132, § 725(4), added subsec. (b). Former subsec. (b) redesignated (c).

   Enacted provision · exact public law section
   SEC. 725. EXPANSION AND MODIFICATION OF WEAPONS OF MASS DESTRUCTION STATUTE. Section 2332a of title 18, United States Code, is amended— (1) in subsection (a)— (A) in the subsection heading, by inserting “Against a National of the United States or Within the United States” after “Offense”; (B) by striking “uses, or attempts” and inserting “, without lawful authority, uses, threatens, or attempts”, and (C) in paragraph (2), by inserting “, and the results of such use affect interstate or foreign commerce or, in the case of a threat, attempt, or conspiracy, would have affected interstate or foreign commerce” before the semicolon at the end; (2) in subsection (b), by striking subparagraph (B) and inserting the following: “(B) any weapon that is designed or intended to cause death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals, or their precursors;”; (3) by redesignating subsection (b) as subsection (c); and (4) by inserting after subsection (a) the following new subsection: “(b) Offense by National of the United States Outside of the United States.— Any national of the United States who, without lawful authority, uses, or threatens, attempts, or conspires to use, a weapon of mass destruction outside of the United States shall be imprisoned for any term of years or for life, and if death results, shall be punished by death, or by imprisonment for any term of years or for life.”.

5. 1996

   Pub. L. 104–132 § 725(2) · 110 Stat. 1214

   1. Amended · 18 U.S.C. § 2332a(b)(2)(B)

      Pub. L. 104–132, § 725(2), as amended by Pub. L. 104–294, § 605(m)

   2. Added · 18 U.S.C. § 2332a(b)(2)(B)

      Pub. L. 104–132, § 725(2), as added subpar. (B)

   3. Struck · 18 U.S.C. § 2332a(b)(2)(B)

      Pub. L. 104–132, § 725(2), as struck out former subpar. (B) which read as follows: “poison gas;”

   Source evidence

   Code amendment note
   Subsec. (b)(2)(B). Pub. L. 104–132, § 725(2), as amended by Pub. L. 104–294, § 605(m), added subpar. (B) and struck out former subpar. (B) which read as follows: “poison gas;”.

   Enacted provision · exact public law section
   (2) in subsection (b), by striking subparagraph (B) and inserting the following: “(B) any weapon that is designed or intended to cause death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals, or their precursors;”;

6. 1996

   Pub. L. 104–132 § 725(3) · 110 Stat. 1214

   Redesignated · 18 U.S.C. § 2332a(c)

   Pub. L. 104–132, § 725(3), redesignated subsec. (b) as (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 104–132, § 725(3), redesignated subsec. (b) as (c).

   Enacted provision · exact public law section
   (3) by redesignating subsection (b) as subsection (c); and (4) by inserting after subsection (a) the following new subsection: “(b) Offense by National of the United States Outside of the United States.— Any national of the United States who, without lawful authority, uses, or threatens, attempts, or conspires to use, a weapon of mass destruction outside of the United States shall be imprisoned for any term of years or for life, and if death results, shall be punished by death, or by imprisonment for any term of years or for life.”.

7. 1998

   Pub. L. 105–277 § 201(b)(1)(A) · 112 Stat. 2681

   Inserted · 18 U.S.C. § 2332a

   Pub. L. 105–277, § 201(b)(1)(A), inserted “certain” before “weapons” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 105–277, § 201(b)(1)(A), inserted “certain” before “weapons” in section catchline.

   Enacted provision · exact public law section
   Sec. 201. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce by this Act shall be available for the activities specified in the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may be used for advanced payments not otherwise authorized only upon the certification of officials designated by the Secretary of Commerce that such payments are in the public interest.

8. 1998

   Pub. L. 105–277 § 201(b)(1)(B) · 112 Stat. 2681

   Inserted · 18 U.S.C. § 2332a(a)

   Pub. L. 105–277, § 201(b)(1)(B), inserted “(other than a chemical weapon as that term is defined in section 229F)” after “weapon of mass destruction” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 105–277, § 201(b)(1)(B), inserted “(other than a chemical weapon as that term is defined in section 229F)” after “weapon of mass destruction” in introductory provisions.

   Enacted provision · exact public law section
   Sec. 201. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce by this Act shall be available for the activities specified in the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may be used for advanced payments not otherwise authorized only upon the certification of officials designated by the Secretary of Commerce that such payments are in the public interest.

9. 1998

   Pub. L. 105–277 § 201(b)(1)(C) · 112 Stat. 2681

   Inserted · 18 U.S.C. § 2332a(b)

   Pub. L. 105–277, § 201(b)(1)(C), inserted “(other than a chemical weapon (as that term is defined in section 229F))” after “weapon of mass destruction”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 105–277, § 201(b)(1)(C), inserted “(other than a chemical weapon (as that term is defined in section 229F))” after “weapon of mass destruction”.

   Enacted provision · exact public law section
   Sec. 201. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce by this Act shall be available for the activities specified in the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may be used for advanced payments not otherwise authorized only upon the certification of officials designated by the Secretary of Commerce that such payments are in the public interest.

10. 2002

    Public Health Security and Bioterrorism Preparedness and Response Act of 2002”

    Pub. L. 107–188 § 231(d)(1) · 116 Stat. 594

    Substituted · 18 U.S.C. § 2332a(a)

    Pub. L. 107–188, § 231(d)(1), substituted “section 229F)—” for “section 229F), including any biological agent, toxin, or vector (as those terms are defined in section 178)—” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 107–188, § 231(d)(1), substituted “section 229F)—” for “section 229F), including any biological agent, toxin, or vector (as those terms are defined in section 178)—” in introductory provisions.

    Enacted provision · exact public law section
    (1) in subsection (a), in the matter preceding paragraph (1), by striking “section 229F)” and all that follows through “section 178)—” and inserting “section 229F)—”; and

11. 2002

    Public Health Security and Bioterrorism Preparedness and Response Act of 2002”

    Pub. L. 107–188 § 231(d)(2) · 116 Stat. 594

    Substituted · 18 U.S.C. § 2332a(c)(2)(C)

    Pub. L. 107–188, § 231(d)(2), substituted “a biological agent, toxin, or vector (as those terms are defined in section 178 of this title)” for “a disease organism”

    Source evidence

    Code amendment note
    Subsec. (c)(2)(C). Pub. L. 107–188, § 231(d)(2), substituted “a biological agent, toxin, or vector (as those terms are defined in section 178 of this title)” for “a disease organism”.

    Enacted provision · exact public law section
    (2) in subsection (c)(2)(C), by striking “a disease organism” and inserting “a biological agent, toxin, or vector (as those terms are defined in section 178 of this title)”.

12. 2004

    Weapons of Mass Destruction Prohibition Improvement Act of 2004

    Pub. L. 108–458 § 6802(b)(1) · 118 Stat. 3638

    Struck · 18 U.S.C. § 2332a

    Pub. L. 108–458, § 6802(b)(1), struck out “certain” before “weapons” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 108–458, § 6802(b)(1), struck out “certain” before “weapons” in section catchline.

    Enacted provision · exact public law section
    (1) in the section heading, by striking “certain”;

13. 2004

    Weapons of Mass Destruction Prohibition Improvement Act of 2004

    Pub. L. 108–458 § 6802(b)(2) · 118 Stat. 3638

    Struck · 18 U.S.C. § 2332a(a)

    Pub. L. 108–458, § 6802(b)(2), struck out “(other than a chemical weapon as that term is defined in section 229F)” after “mass destruction” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 108–458, § 6802(b)(2), struck out “(other than a chemical weapon as that term is defined in section 229F)” after “mass destruction” in introductory provisions.

    Enacted provision · exact public law section
    (2) in subsection (a), by striking “(other than a chemical weapon as that term is defined in section 229F)”; and

14. 2004

    Weapons of Mass Destruction Prohibition Improvement Act of 2004

    Pub. L. 108–458 § 6802(a)(1) · 118 Stat. 3638

    Amended · 18 U.S.C. § 2332a(a)(2)

    Pub. L. 108–458, § 6802(a)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “against any person within the United States, and the results of such use affect interstate or foreign commerce or, in the case of a threat, attempt, or conspiracy, would have affected interstate or foreign commerce; or”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 108–458, § 6802(a)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “against any person within the United States, and the results of such use affect interstate or foreign commerce or, in the case of a threat, attempt, or conspiracy, would have affected interstate or foreign commerce; or”.

    Enacted provision · exact public law section
    (1) so that paragraph (2) of subsection (a) reads as follows: “(2) against any person or property within the United States, and “(A) the mail or any facility of interstate or foreign commerce is used in furtherance of the offense; “(B) such property is used in interstate or foreign commerce or in an activity that affects interstate or foreign commerce; “(C) any perpetrator travels in or causes another to travel in interstate or foreign commerce in furtherance of the offense; or “(D) 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;” ;

15. 2004

    Weapons of Mass Destruction Prohibition Improvement Act of 2004

    Pub. L. 108–458 § 6802(a)(2) · 118 Stat. 3638

    Added · 18 U.S.C. § 2332a(a)(4)

    Pub. L. 108–458, § 6802(a)(2), (3), added par. (4)

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 108–458, § 6802(a)(2), (3), added par. (4).

    Enacted provision · exact public law section
    (2) in paragraph (3) of subsection (a), by striking the comma at the end and inserting “; or”;

16. 2004

    Weapons of Mass Destruction Prohibition Improvement Act of 2004

    Pub. L. 108–458 § 6802(b)(3) · 118 Stat. 3638

    Struck · 18 U.S.C. § 2332a(b)

    Pub. L. 108–458, § 6802(b)(3), struck out “(other than a chemical weapon (as that term is defined in section 229F))” after “mass destruction”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 108–458, § 6802(b)(3), struck out “(other than a chemical weapon (as that term is defined in section 229F))” after “mass destruction”.

    Enacted provision · exact public law section
    (3) in subsection (b), by striking “(other than a chemical weapon (as that term is defined in section 229F))”.

17. 2004

    Weapons of Mass Destruction Prohibition Improvement Act of 2004

    Pub. L. 108–458 § 6802(a)(4) · 118 Stat. 3638

    Added · 18 U.S.C. § 2332a(c)(3)

    Pub. L. 108–458, § 6802(a)(4)–(6), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 108–458, § 6802(a)(4)–(6), added par. (3).

    Enacted provision · exact public law section
    (4) at the end of subsection (c)(1), by striking “and”;

21 of 21 references resolved to an enrolled provision