118 STAT. 3767 PUBLIC LAW 108–458—DEC. 17, 2004 ‘‘(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;’’; (2) in paragraph (3) of subsection (a), by striking the comma at the end and inserting ‘‘; or’’; (3) in subsection (a), by adding the following at the end: ‘‘(4) against any property within the United States that is owned, leased, or used by a foreign government,’’; (4) at the end of subsection (c)(1), by striking ‘‘and’’; (5) in subsection (c)(2), by striking the period at the end and inserting ‘‘; and’’; and (6) in subsection (c), by adding at the end the following: ‘‘(3) the term ‘property’ includes all real and personal prop- erty.’’. (b) RESTORATION OF THE COVERAGE OF CHEMICAL WEAPONS.— Section 2332a of title 18, United States Code, as amended by subsection (a), is further amended— (1) in the section heading, by striking ‘‘certain’’; (2) in subsection (a), by striking ‘‘(other than a chemical weapon as that term is defined in section 229F)’’; and (3) in subsection (b), by striking ‘‘(other than a chemical weapon (as that term is defined in section 229F))’’. (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) by— (A) inserting ‘‘(i)’’ after ‘‘(G)’’; (B) inserting ‘‘, or (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’’ after ‘‘terrorism’’; and (C) striking ‘‘or’’ after the semicolon. (2) in subparagraph (H) by striking the period and inserting ‘‘; or’’; and (3) by adding at the end the following new subparagraph: ‘‘(I) is a member of, acts for or on behalf of, or operates subject to the direction or control of, a terrorist organization as defined in 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) 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 and inserting the following: ‘‘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) The amendment made by paragraph (1) shall take effect at the same time that sections 73.4, 73.5, and 73.6 of title 42, Code of Federal Regulations, become effective. (e) ENHANCING PROSECUTION OF WEAPONS OF MASS DESTRUC- TION OFFENSES.—Section 1961(1)(B) of title 18, United States Code, Effective date. 18 USC 175b note. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00301 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
�
