WEAPONS OF MASS DESTRUCTION.

SEC. 110. WEAPONS OF MASS DESTRUCTION.(a) Definitions.—(1) Foreign power.—Subsection (a) of section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(a)) is amended—(A) in paragraph (5), by striking “persons; or” and inserting “persons;”;(B) in paragraph (6) by striking the period and inserting “; or”; and(C) by adding at the end the following new paragraph:122 STAT. 2466 “(7) an entity not substantially composed of United States persons that is engaged in the international proliferation of weapons of mass destruction.”.(2) Agent of a foreign power.—Subsection (b)(1) of such section 101 is amended—(A) in subparagraph (B), by striking “or” at the end;(B) in subparagraph (C), by striking “or” at the end; and(C) by adding at the end the following new subparagraphs:“(D) engages in the international proliferation of weapons of mass destruction, or activities 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) Foreign intelligence information.—Subsection (e)(1)(B) of such section 101 is amended by striking “sabotage or international terrorism” and inserting “sabotage, international terrorism, or the international proliferation of weapons of mass destruction”.(4) Weapon of mass destruction.—Such section 101 is amended by adding at the end the following new subsection:“(p) ‘Weapon of mass destruction’ means—“(1) any explosive, 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 injury 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 178 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 Information.—(1) In general.—Section 106(k)(1)(B) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1806(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”.(2) Physical 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) Technical 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)”;122 STAT. 2467(2) in section 301(1) (50 U.S.C. 1821(1)), by inserting “weapon of mass destruction,” after “person,”; and(3) in section 304(d)(2) (50 U.S.C. 1824(d)(2)), by striking “section 101(a) (5) or (6)” and inserting “paragraph (5), (6), or (7) of section 101(a)”.