118 STAT. 3771 PUBLIC LAW 108–458—DEC. 17, 2004 ‘‘(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 sentenced to a term of imprison- ment not less than 25 years or to imprisonment for life. ‘‘(2) OTHER CIRCUMSTANCES.—Any person who, in the course of a violation of subsection (a), uses, attempts or con- spires to use, or possesses and threatens to use, any item or items described in subsection (a), shall be fined not more than $2,000,000 and imprisoned for not less than 30 years or imprisoned for life. ‘‘(3) SPECIAL CIRCUMSTANCES.—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 imprisonment 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. 6904. ATOMIC WEAPONS. (a) PROHIBITIONS.—Section 92 of the Atomic Energy Act of 1954 (42 U.S.C. 2122) is amended— (1) by inserting at the beginning ‘‘a.’’ before ‘‘It’’; (2) by inserting ‘‘knowingly’’ after ‘‘for any person to’’; (3) by striking ‘‘or’’ before ‘‘export’’; (4) by striking ‘‘transfer or receive in interstate or foreign commerce,’’ before ‘‘manufacture’’; (5) by inserting ‘‘receive,’’ after ‘‘acquire,’’; (6) by inserting ‘‘, or use, or possess and threaten to use,’’ before ‘‘any atomic weapon’’; and (7) by 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 property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the prop- erty is within or outside the United States; or ‘‘(4) an offender aids or abets any person over whom juris- diction exists under this subsection in committing an offense under this section or conspires 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 25 years or to imprisonment for life. Any person who, in the course of a violation of section 92, uses, attempts or conspires to use, or possesses and threatens to use, any atomic weapon shall be fined not more than $2,000,000 VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00305 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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