(1) in subsection (a), by— 
(A) inserting ‘‘or a Federal crime of ter-
rorism as defined in section 2332b(g)(5),’’ after 
‘‘in violation of the laws of the United States,’’; 
and 
(B) inserting ‘‘or persons’’ after ‘‘another 
person’’; 
(2) in subsection (c), by— 
(A) inserting ‘‘or persons’’ after ‘‘the per-
son’’; 
(B) striking ‘‘he’’ and inserting ‘‘they’’ in 
the phrase ‘‘because he lacked’’; 
(C) striking ‘‘he was’’ and inserting ‘‘they 
were’’ in the phrase ‘‘because he was incom-
petent’’; 
(D) striking ‘‘he is’’ and inserting ‘‘they 
are’’ in the phrase ‘‘because he is immune’’; 
and 
(E) striking ‘‘is’’ from ‘‘is not subject to 
prosecution’’; and 
(3) in the title by inserting the words ‘‘OR 
TERRORISM’’ after ‘‘SOLICITATION TO COMMIT 
A CRIME OF VIOLENCE’’. 
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SEC. 11. TERRORIST OFFENSE RESULTING IN DEATH. 
(a) NEW OFFENSE.—Chapter 113B of title 18, 
United States Code, is amended by adding at the end the 
following: 
‘‘§ 2339E. Terrorist offenses resulting in death 
‘‘(a) Whoever, in the course of committing a terrorist 
offense, engages in conduct that results in the death of 
a person, shall be punished by death or imprisoned for 
any term of years or for life. 
‘‘(b) As used in this section, the term ‘terrorist of-
fense’ means— 
‘‘(1) a felony offense that is— 
‘‘(A) a Federal crime of terrorism as de-
fined in section 2332b(g), other than an offense 
under section 1363; or 
‘‘(B) an offense under this chapter, section 
175, 175b, 229, or 831, or section 236 of the 
Atomic Energy Act of 1954; or 
‘‘(2) a Federal offense that is an attempt or 
conspiracy to commit an offense described in para-
graph (1).’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 113B of title 18, United 
States Code, is amended by adding at the end the fol-
lowing new item: 
‘‘2339E. Terrorist offenses resulting in death.’’. 
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SEC. 12. DEATH PENALTY FOR CERTAIN TERROR RELATED 
CRIMES. 
(a) PARTICIPATION IN NUCLEAR AND WEAPONS OF 
MASS
DESTRUCTION
THREATS
TO
THE
UNITED 
STATES.—Section 832(c) of title 18, United States Code, 
is amended by inserting ‘‘punished by death if death re-
sults to any person from the offense, or’’ after ‘‘shall be’’. 
(b) MISSILE SYSTEMS TO DESTROY AIRCRAFT.— 
Section 2332g(c)(3) of title 18, United States Code, is 
amended by inserting ‘‘punished by death or’’ after ‘‘shall 
be’’. 
(c) ATOMIC WEAPONS.—The last sentence of section 
222 b. of the Atomic Energy Act of 1954 (42 U.S.C. 
2272) is amended by inserting ‘‘death or’’ before ‘‘impris-
onment for life’’ the last place it appears. 
(d) RADIOLOGICAL DISPERSAL DEVICES.—Section 
2332h(c)(3) of title 18, United States Code, is amended 
by inserting ‘‘death or’’ before ‘‘imprisonment for life’’. 
(e) VARIOLA VIRUS.—Section 175c(c)(3) of title 18, 
United States Code, is amended by inserting ‘‘death or’’ 
before ‘‘imprisonment for life’’. 
SEC. 13. INCREASE IN CERTAIN PENALTIES. 
(a) SECTION 2332(b)(1).—Section 2332(b)(1) of title 
18, United States Code, is amended by striking ‘‘20 
years’’ and inserting ‘‘30 years’’. 
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(b) SECTION 2332(c).—Section 2332(c) of title 18, 
United States Code, is amended by striking ‘‘ten years’’ 
and inserting ‘‘20 years’’. 
(c) SECTION 2339C(d).—Section 2339C(d) of title 
18, United States Code, is amended— 
(1) in paragraph (1), by striking ‘‘20 years’’ 
and inserting ‘‘30 years’’; and 
(2) in paragraph (2), by striking ‘‘10 years’’ 
and inserting ‘‘20 years’’. 
SEC. 14. MODERNIZATION OF STATE OF MIND REQUIRE-
MENT FOR SECTION 2339C OFFENSES. 
Section 2339C of title 18, United States Code, is 
amended by striking ‘‘unlawfully and wilfully’’ and insert-
ing ‘‘knowingly’’. 
SEC. 15. WIRETAP PREDICATE. 
Section 2516(q) of title 18, United States Code, is 
amended by striking ‘‘section 2332’’ and all that follows 
through ‘‘2339C’’ and inserting ‘‘chapter 113B’’. 
Æ 
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