12 2 STA T . 2 46 6 PUBLIC LA W 11 0– 261 —J UL Y 10 , 200 8‘ ‘ (7)ane n ti t y n o t sub stantia l ly c o mp ose d o fU nited S tates pe r sons t h atisen g aged in the international proliferation of w eapons of mass destruction .’ ’. ( 2 ) AGENTOFA FO R E I GN P O W ER. — Subsection (b)( 1 ) of such section 1 0 1 is amended— (A) in subparagraph ( B ) , by stri k ing ‘‘or’’ at the end
(B) in subparagraph ( C ), by striking ‘‘or’’ at the end; and (C) by adding at the end the following new subpara - graphs
‘‘( D ) engages in the international proliferation of weapons of mass destruction, or acti v ities in preparation therefor; or ‘‘( E ) engages in the international proliferation of weapons of mass destruction, or activities in preparation therefor for or on behalf of a foreign power; or’’. ( 3 ) F OREIGN INTE L LIGEN C E INFOR M ATION.—Subsection (e)(1)(B) of such section 101 is amended by striking ‘‘sabotage or international terrorism’’ and inserting ‘‘sabotage, inter- national terrorism, or the international proliferation of weapons of mass destruction’’. ( 4 ) W EAPON OF MA S S D ESTR U CTION.—Such section 101 is amended by adding at the end the following new subsection: ‘‘(p) ‘Weapon of mass destruction’ means— ‘‘(1) any e x plosive, incendiary, or poison gas device that is designed, intended, or has the capability to cause a mass casualty incident; ‘‘(2) any weapon that is designed, intended, or has the capability to cause death or serious bodily in j ury to a significant number of persons through the release, dissemination, or impact of toxic or poisonous chemicals or their precursors; ‘‘(3) any weapon involving a biological agent, toxin, or vector (as such terms are defined in section 17 8 of title 18, United States Code) that is designed, intended, or has the capability to cause death, illness, or serious bodily injury to a significant number of persons; or ‘‘(4) any weapon that is designed, intended, or has the capability to release radiation or radioactivity causing death, illness, or serious bodily injury to a significant number of persons.’’. (b) USE OF I NFORMATION.— (1) IN GENERAL.—Section 10 6 (k)(1)(B) of the Foreign Intel- ligence Surveillance Act of 1 9 78( 5 0 U.S.C. 1806(k)(1)(B)) is amended by striking ‘‘sabotage or international terrorism’’ and inserting ‘‘sabotage, international terrorism, or the inter- national proliferation of weapons of mass destruction’’. (2) PHY SICAL SEARCHES.—Section 305(k)(1)(B) of such Act (50 U.S.C. 1825(k)(1)(B)) is amended by striking ‘‘sabotage or international terrorism’’ and inserting ‘‘sabotage, international terrorism, or the international proliferation of weapons of mass destruction’’. (c) T ECHNICAL AND CONFORMING AMENDMENTS.—The Foreign Intelligence Surveillance Act of 1978 is further amended— (1) in paragraph (2) of section 105(d) (50 U.S.C. 1805(d)), as redesignated by section 105(a)(5) of this Act, by striking ‘‘section 101(a) (5) or (6)’’ and inserting ‘‘paragraph (5), (6), or (7) of section 101(a)’’; 50USC18 01 .
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