fabricating a rocket, missile, or device described 
in subparagraph (A) or (B). 
‘‘(2) NONWEAPON.—Paragraph (1)(A) does not 
apply to any device that is neither designed nor re-
designed for use as a weapon. 
‘‘(3) EXCLUDED
CONDUCT.—This subsection 
does not apply with respect to— 
‘‘(A) conduct by or under the authority of 
the United States or any department or agency 
thereof or of a State or any department or 
agency thereof; or 
‘‘(B) conduct pursuant to the terms of a 
contract with the United States or any depart-
ment or agency thereof or with a State or any 
department or agency thereof. 
‘‘(b) JURISDICTION.—Conduct prohibited by sub-
section (a) is within the jurisdiction of the United States 
if— 
‘‘(1) the offense occurs in or affects interstate 
or foreign commerce; 
‘‘(2) the offense occurs outside of the United 
States and is committed by a national of the United 
States;
‘‘(3) the offense is committed against a national 
of the United States while the national is outside the 
United States; 
‘‘(4) the offense is committed against any prop-
erty 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 the 
United States; or 
‘‘(5) an offender aids or abets any person over 
whom jurisdiction exists under this subsection in 
committing an offense under this section or con-
spires with any person over whom jurisdiction exists 
under this subsection to commit an offense under 
this section. 
‘‘(c) CRIMINAL PENALTIES.— 
‘‘(1) IN GENERAL.—Any person who violates, or 
attempts or conspires to violate, subsection (a) shall 
be fined not more than $2,000,000 and shall be sen-
tenced to a term of imprisonment not less than 30 
years or to imprisonment for life. 
‘‘(2) LIFE IMPRISONMENT.—Any person who, 
in the course of a violation of subsection (a), uses, 
attempts or conspires to use, or possesses and 
threatens to use, any item or items described in sub-
section (a), shall be fined not more than $2,000,000 
and imprisoned for life. 
‘‘(3) DEATH PENALTY.—If the death of another 
results from a person’s violation of subsection (a), 
the person shall be fined not more than $2,000,000 
and punished by death or imprisoned for life. 
‘‘(d) DEFINITION.—As used in this section, the term 
‘aircraft’ has the definition set forth in section 
40102(a)(6) of title 49, United States Code.’’. 
SEC. 4. ATOMIC WEAPONS. 
(a) PROHIBITIONS.—Section 92 of the Atomic En-
ergy Act of 1954 (42 U.S.C. 2122) is amended by— 
(1) inserting at the beginning ‘‘a.’’ before ‘‘It’’; 
(2) inserting ‘‘knowingly’’ after ‘‘for any person 
to’’; 
(3) striking ‘‘or’’ before ‘‘export’’; 
(4) striking ‘‘transfer or receive in interstate or 
foreign commerce,’’ before ‘‘manufacture’’; 
(5) inserting ‘‘receive,’’ after ‘‘acquire,’’; 
(6) inserting ‘‘, or use, or possess and threaten 
to use,’’ before ‘‘any atomic weapon’’; 
(7) inserting at the end the following: 
‘‘b. Conduct prohibited by subsection a. is within the 
jurisdiction of the United States if—
‘‘(1) the offense occurs in or affects interstate 
or foreign commerce; the offense occurs outside of 
the United States and is committed by a national of 
the United States; 
‘‘(2) the offense is committed against a national 
of the United States while the national is outside the 
United States; 
‘‘(3) the offense is committed against any prop-
erty 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 the 
United States; or 
‘‘(4) an offender aids or abets any person over 
whom jurisdiction exists under this subsection in 
committing an offense under this section or con-
spires with any person over whom jurisdiction exists 
under this subsection to commit an offense under 
this section.’’. 
(b) VIOLATIONS.—Section 222 of the Atomic Energy 
Act of 1954 (42 U.S.C. 2272) is amended by— 
(1) inserting at the beginning ‘‘a.’’ before 
‘‘Whoever’’; 
(2) striking ‘‘, 92,’’; and 
(3) inserting at the end the following:
‘‘b. Any person who violates, or attempts or conspires 
to violate, section 92 shall be fined not more than 
$2,000,000 and sentenced to a term of imprisonment not 
less than 30 years or to imprisonment for life. Any person 
who, in the course of a violation of section 92, uses, at-
tempts or conspires to use, or possesses and threatens to 
use, any atomic weapon shall be fined not more than 
$2,000,000 and imprisoned for life. If the death of an-
other results from a person’s violation of section 92, the 
person shall be fined not more than $2,000,000 and pun-
ished by death or imprisoned for life.’’. 
SEC. 5. RADIOLOGICAL DISPERSAL DEVICES. 
Chapter 113B of title 18, United States Code, is 
amended by adding after section 2332g the following: 
‘‘§ 2332h. Radiological dispersal devices 
‘‘(a) UNLAWFUL CONDUCT.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), it shall be unlawful for any person to 
knowingly produce, construct, otherwise acquire, 
transfer directly or indirectly, receive, possess, im-
port, export, or use, or possess and threaten to 
use— 
‘‘(A) any weapon that is designed or in-
tended to release radiation or radioactivity at a 
level dangerous to human life; or
‘‘(B) or any device or other object that is 
capable of and designed or intended to endan-
ger human life through the release of radiation 
or radioactivity. 
‘‘(2) EXCEPTION.—This subsection does not 
apply with respect to— 
‘‘(A) conduct by or under the authority of 
the United States or any department or agency 
thereof; or 
‘‘(B) conduct pursuant to the terms of a 
contract with the United States or any depart-
ment or agency thereof. 
‘‘(b) JURISDICTION.—Conduct prohibited by sub-
section (a) is within the jurisdiction of the United States 
if— 
‘‘(1) the offense occurs in or affects interstate 
or foreign commerce; 
‘‘(2) the offense occurs outside of the United 
States and is committed by a national of the United 
States; 
‘‘(3) the offense is committed against a national 
of the United States while the national is outside the 
United States; 
‘‘(4) the offense is committed against any prop-
erty 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 the 
United States; or 
‘‘(5) an offender aids or abets any person over 
whom jurisdiction exists under this subsection in 
committing an offense under this section or con-
spires with any person over whom jurisdiction exists 
under this subsection to commit an offense under 
this section. 
‘‘(c) CRIMINAL PENALTIES.—
‘‘(1) IN GENERAL.—Any person who violates, or 
attempts or conspires to violate, subsection (a) shall 
be fined not more than $2,000,000 and shall be sen-
tenced to a term of imprisonment not less than 30 
years or to imprisonment for life. 
‘‘(2) LIFE IMPRISONMENT.—Any person who, 
in the course of a violation of subsection (a), uses, 
attempts or conspires to use, or possesses and 
threatens to use, any item or items described in sub-
section (a), shall be fined not more than $2,000,000 
and imprisoned for life. 
‘‘(3) DEATH PENALTY.—If the death of another 
results from a person’s violation of subsection (a), 
the person shall be fined not more than $2,000,000 
and punished by death or imprisoned for life.’’.
SEC. 6. VARIOLA VIRUS. 
Chapter 10 of title 18, United States Code, is amend-
ed by inserting after section 175b the following: 
‘‘§ 175c. Variola virus 
‘‘(a) UNLAWFUL CONDUCT.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), it shall be unlawful for any person to 
knowingly produce, engineer, synthesize, acquire, 
transfer directly or indirectly, receive, possess, im-
port, export, or use, or possess and threaten to use, 
variola virus. 
‘‘(2) EXCEPTION.—This subsection does not 
apply to conduct by, or under the authority of, the 
Secretary of Health and Human Services. 
‘‘(b) JURISDICTION.—Conduct prohibited by sub-
section (a) is within the jurisdiction of the United States 
if— 
‘‘(1) the offense occurs in or affects interstate 
or foreign commerce; 
‘‘(2) the offense occurs outside of the United 
States and is committed by a national of the United 
States; 
‘‘(3) the offense is committed against a national 
of the United States while the national is outside the 
United States;
‘‘(4) the offense is committed against any prop-
erty 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 the 
United States; or 
‘‘(5) an offender aids or abets any person over 
whom jurisdiction exists under this subsection in 
committing an offense under this section or con-
spires with any person over whom jurisdiction exists 
under this subsection to commit an offense under 
this section. 
‘‘(c) CRIMINAL PENALTIES.— 
‘‘(1) IN GENERAL.—Any person who violates, or 
attempts or conspires to violate, subsection (a) shall 
be fined not more than $2,000,000 and shall be sen-
tenced to a term of imprisonment not less than 30 
years or to imprisonment for life. 
‘‘(2) LIFE IMPRISONMENT.—Any person who, 
in the course of a violation of subsection (a), uses, 
attempts or conspires to use, or possesses and 
threatens to use, any item or items described in sub-
section (a), shall be fined not more than $2,000,000 
and imprisoned for life. 
‘‘(3) DEATH PENALTY.—If the death of another 
results from a person’s violation of subsection (a),
the person shall be fined not more than $2,000,000 
and punished by death or imprisoned for life. 
‘‘(d) DEFINITION.—As used in this section, the term 
‘variola virus’ means a virus that can cause human small-
pox or any derivative of the variola major virus that con-
tains more than 85 percent of the gene sequence of the 
variola major virus or the variola minor virus.’’. 
SEC. 7. INTERCEPTION OF COMMUNICATIONS. 
Section 2516(1) of title 18, United States Code, is 
amended— 
(1) in paragraph (a), by inserting ‘‘2122 and’’ 
after ‘‘sections’’; 
(2) in paragraph (c), by inserting ‘‘section 175c 
(relating to variola virus),’’ after ‘‘section 175 (relat-
ing to biological weapons),’’; and 
(3) in paragraph (q), by inserting ‘‘2332g, 
2332h,’’ after ‘‘2332f,’’. 
SEC. 8. AMENDMENTS TO SECTION 2332b(g)(5)(B) OF TITLE 
18, UNITED STATES CODE. 
Section 2332b(g)(5)(B) of title 18, United States 
Code, is amended— 
(1) in clause (i)— 
(A) by inserting before ‘‘2339 (relating to 
harboring terrorists)’’ the following: ‘‘2332g 
(relating to missile systems designed to destroy
aircraft), 2332h (relating to radiological dis-
persal devices),’’; and 
(B) by inserting ‘‘175c (relating to variola 
virus),’’ after ‘‘175 or 175b (relating to biologi-
cal weapons),’’; and 
(2) in clause (ii)— 
(A) by striking ‘‘section’’ and inserting 
‘‘sections 92 (relating to prohibitions governing 
atomic weapons) or’’; and 
(B) by inserting ‘‘2122 or’’ before ‘‘2284’’. 
SEC. 9. AMENDMENTS TO SECTION 1956(c)(7)(D) OF TITLE 
18, UNITED STATES CODE. 
Section 1956(c)(7)(D), title 18, United States Code, 
is amended— 
(1) by inserting after ‘‘section 152 (relating to 
concealment of assets; false oaths and claims; brib-
ery),’’ the following: ‘‘section 175c (relating to the 
variola virus),’’; 
(2) by inserting after ‘‘section 2332(b) (relating 
to international terrorist acts transcending national 
boundaries),’’ the following: ‘‘section 2332g (relating 
to missile systems designed to destroy aircraft), sec-
tion 2332h (relating to radiological dispersal de-
vices),’’; and
(3) striking ‘‘or’’ after ‘‘any felony violation of 
the Foreign Agents Registration Act of 1938,’’ and 
after ‘‘any felony violation of the Foreign Corrupt 
Practices Act’’, striking ‘‘;’’ and inserting ‘‘, or sec-
tion 92 of the Atomic Energy Act of 1954 (42 
U.S.C. 2122) (relating to prohibitions governing 
atomic weapons)’’. 
SEC. 10. EXPORT LICENSING PROCESS. 
Section 38(g)(1)(A) of the Arms Export Control Act 
(22 U.S.C. 2778) is amended— 
(1) by striking ‘‘or’’ before ‘‘(xi)’’; and 
(2) by inserting after clause (xi) the following: 
‘‘or (xii) section 3, 4, 5, and 6 of the Prevention of 
Terrorist Access to Destructive Weapons Act of 
2004, relating to missile systems designed to destroy 
aircraft (18 U.S.C. 2332g), prohibitions governing 
atomic weapons (42 U.S.C. 2122), radiological dis-
persal devices (18 U.S.C. 2332h), and variola virus 
(18 U.S.C. 175b);’’. 
SEC. 11. CLERICAL AMENDMENTS. 
(a) CHAPTER 113B.—The table of sections for chap-
ter 113B of title 18, United States Code, is amended by 
inserting the following after the item for section 2332f: 
‘‘2332g. Missile systems designed to destroy aircraft. 
‘‘2332h. Radiological dispersal devices.’’.
(b) CHAPTER 10.—The table of sections for chapter 
10 of title 18, United States Code, is amended by inserting 
the following item after the item for section 175b: 
‘‘175c. Variola virus.’’. 
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