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[House Report 112-551]
[From the U.S. Government Publishing Office]

112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-551

======================================================================

 
  NUCLEAR TERRORISM CONVENTIONS IMPLEMENTATION AND SAFETY OF MARITIME 
                         NAVIGATION ACT OF 2012

                                _______
                                

 June 26, 2012.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Smith of Texas, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 5889]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 5889) to amend title 18, United States Code, to 
provide for protection of maritime navigation and prevention of 
nuclear terrorism, and for other purposes, having considered 
the same, reports favorably thereon without amendment and 
recommends that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for the Legislation..........................     2
Hearings.........................................................     2
Committee Consideration..........................................     2
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
New Budget Authority and Tax Expenditures........................     3
Congressional Budget Office Cost Estimate........................     3
Performance Goals and Objectives.................................     4
Advisory on Earmarks.............................................     4
Section-by-Section Analysis......................................     4
Changes in Existing Law Made by the Bill, as Reported............    12

                          Purpose and Summary

    This bill implements certain provisions of four 
multilateral counterterrorism treaties. These treaties are 
important tools in the fight against terrorism and each one 
builds on an existing treaty to which the United States is a 
party. This implementing legislation enhances U.S. national 
security by modernizing and strengthening the international 
counterterrorism and counter proliferation legal framework and 
improve multilateral efforts to combat terrorism and nuclear 
proliferation. This legislation and the underlying treaties 
also complement important United States priorities such as the 
Global Initiative to Combat Nuclear Terrorism, the Washington 
Nuclear Security Summit, and the Proliferation Security 
Initiative.

                Background and Need for the Legislation

    Based on the hearing held by the House Committee on the 
Judiciary, Subcommittee on Crime, Terrorism, and Homeland 
Security and on briefings provided by the Departments of 
Justice and State, and through similar hearings held in the 
Senate, the Committee believes that adoption of this 
legislation to implement the subject treaties will reinforce 
the United States' leading role in promoting these and other 
counterterrorism treaties and will prompt other Parties to 
join. Adoption of this legislation will implement the 
provisions of the following treaties and is a necessary step 
toward ratification of the treaties. The treaties are:

        (a)
           Lthe 2005 Protocol to the 1988 Convention for the 
        Suppression of Unlawful Acts against the Safety of 
        Maritime Navigation (``2005 Protocol'') and 2005 
        Protocol to the 1988 Protocol for the Suppression of 
        Unlawful Acts against the Safety of Fixed Platforms 
        Located on the Continental Shelf (``2005 Platforms 
        Protocol''), signed on behalf of the United States of 
        America on February 17, 2006;

        (b)
           Lthe International Convention for the Suppression of 
        Acts of Nuclear Terrorism (``Nuclear Terrorism 
        Convention'' or ``NTC''), signed on behalf of the 
        United States of America on September 14, 2005; and

        (c)
           Lcertain provisions of an amendment to the 
        Convention on the Physical Protection of Nuclear 
        Material (``CPPNM''), adopted by acclamation at a 
        diplomatic conference of States Parties to the CPPNM on 
        July 25, 2005.

                                Hearings

    The Subcommittee on Crime, Terrorism, and Homeland Security 
held a hearing on the legislative implementation necessary 
under these nuclear and maritime terrorism agreements on 
October 5, 2011. The hearing consisted of one panel with the 
following witnesses: (1) Brad Weigman, Deputy Assistant 
Attorney General, National Security Division, United States 
Department of Justice, and (2) Thomas M. Countryman, Assistant 
Secretary, Bureau of International Security and 
Nonproliferation, United States Department of State.

                        Committee Consideration

    On June 6, 2012, the Committee on the Judiciary met in open 
session and ordered the bill H.R. 5889 to be reported 
favorably, by voice vote, a quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that no 
rollcall votes occurred during the Committee's consideration of 
H.R. 5889.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 5889, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 22, 2012.
Hon. Lamar Smith, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 5889, the 
``Nuclear Terrorism Conventions Implementation and Safety of 
Maritime Navigation Act of 2012.''
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz, who can be reached at 226-2860.
            Sincerely,
                                      Douglas W. Elmendorf,
                                                  Director.

Enclosure

cc:
        Honorable John Conyers, Jr.
        Ranking Member

 H.R. 5889--Nuclear Terrorism Conventions Implementation and Safety of 
                    Maritime Navigation Act of 2012.

      As ordered reported by the House Committee on the Judiciary 
                            on June 6, 2012.

    CBO estimates that implementing H.R. 5889 would have no 
significant cost to the Federal Government. Enacting the bill 
could affect direct spending and revenues; therefore, pay-as-
you-go procedures apply. However, CBO estimates that any 
effects would be insignificant for each year.
    H.R. 5889 would establish new Federal crimes relating to 
acts of violence committed on or against ships or maritime 
fixed platforms and criminal acts involving the use of nuclear 
materials. As a result, the government might be able to pursue 
cases that it otherwise would not be able to prosecute. CBO 
expects that H.R. 5889 would apply to a relatively small number 
of additional offenders, however, so any increase in costs for 
law enforcement, court proceedings, or prison operations would 
not be significant. Any such costs would be subject to the 
availability of appropriated funds.
    Because those prosecuted and convicted under H.R. 5889 
would be subject to criminal fines, the Federal Government 
might collect additional fines if the legislation is enacted. 
Criminal fines are recorded as revenues, deposited in the Crime 
Victims Fund, and later spent. CBO expects that any additional 
revenues and direct spending would not be significant because 
of the small number of additional cases likely to be affected.
    CBO has not reviewed H.R. 5889 for intergovernmental or 
private-sector mandates. Section 4 of the Unfunded Mandates 
Reform Act excludes from the application of that act any 
legislative provisions that are necessary for the ratification 
or implementation of international treaty obligations. CBO has 
determined that the bill falls within that exclusion.
    The CBO staff contact for this estimate is Mark Grabowicz. 
The estimate was approved by Peter H. Fontaine, Assistant 
Director for Budget Analysis.

                    Performance Goals and Objectives

    The Committee states that, pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
5889 promotes national security by prohibiting under specified 
circumstances: the possession and use of radioactive material 
and radiological dispersal devices; damage to nuclear 
facilities, nuclear smuggling; the use or targeting of a ship 
or a fixed maritime platform in a terrorist activity; and the 
maritime transport of biological, chemical, or nuclear weapons 
or their components, delivery means, or materials. The bill 
also forbids, among other things, the maritime transport of 
terrorist fugitives.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 5889 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clauses 9(e), 9(f), or 9(g) of Rule XXI.

                      Section-by-Section Analysis

Section 1. Short Title
    This Act may be cited as the ``Nuclear Terrorism 
Conventions Implementation and Safety of Maritime Navigation 
Act of 2012.''
Title 1--Safety of Maritime Navigation
    This title implements the maritime treaties.
Section 101. Amendment to section 2280 of title 18, United States Code
    This amends 18 U.S.C. Sec. 2280, which implemented the 1988 
Convention for the Suppression of Unlawful Acts against the 
Safety of Maritime Navigation. The amendments update the 
jurisdictional grounds and correct a cross-reference to the 
Norris-LaGuardia Act. These amendments include the existing 
definitions in section 2280 and add definitions for some of the 
terms used by the 2005 Protocol; the statutory definitions 
apply to sections 2280, 2280a, 2281, and 2281a.
    In (1)(A)(i) jurisdiction is expanded over prohibited 
activity against U.S. ships to include not just those ships 
flying the flag of the United States, but also ``a vessel of 
the United States or a vessel subject to the jurisdiction of 
the United States.''
    In (b)(1)(A)(ii) jurisdiction is clarified by adding 
``including the territorial seas'' to the current statute, 
which refers simply to ``in the United States.''
    In (b)(1)(A)(iii) jurisdiction is expanded over prohibited 
activities against maritime navigation by including activity 
committed by a United States corporation or legal entity, in 
addition to the current language giving jurisdiction over a 
national of the United States or by a stateless person whose 
habitual residence is the United States.
    In subsection (c) a correction is made to an error in the 
cross-reference to the Norris-LaGuardia Act by substituting 
``section 13 (c) for the current 2 (c)'' of that Act.
    The new subsection (d) identifies nine applicable treaties 
and contains the existing definitions for Section 2280 and 
provides definitions for some new terms utilized by the 2005 
Protocol. Terms defined include biological weapon, chemical 
weapon, explosive material, and infrastructure facility, among 
others. It also updates the definitional sections by adding a 
definition of ``international organization,'' to be consistent 
with 18 U.S.C. Sec. 831. This subsection also adopts the 
definition of ``military forces of a state'' used in the 2005 
Protocol.
    Subsection (e) creates an exception for the activities of 
armed forces during an armed conflict, as those terms are 
understood under the law of war and for activities undertaken 
by military forces of a state in the exercise of their official 
duties. Consistent with the understanding included in the 
instrument of ratification for the 2005 Protocols, the 
exemption provided by this bill to subsection(e)(2) of Section 
2280, includes civilians who direct or organize the official 
activities of military forces of a State.
    Subsection (f) updates the grounds permitting the master of 
a ship to deliver an offender to another state, under certain 
conditions, to include the new offenses added by these 
amendments. It provides authority for the master of a covered 
ship flying the flag of the United States, who has reasonable 
grounds to believe a person on board has committed an offense 
under 18 U.S.C. 2280 or 2280a, to deliver that person to the 
authorities of a country that is a party to the Convention for 
the Suppression of Unlawful Acts Against the Safety of Maritime 
Navigation. This change is required under the 2005 Protocol, 
Article 8, as amended.
    Subsection (g) establishes a civil forfeiture provision 
against any real or personal property used or intended for use 
in committing violations. This would include gross proceeds of 
such violations, and real or personal property traceable to 
such property or proceeds. These forfeitures are governed by 
the provisions of chapter 46 of Title 18, but may also be 
performed by agents or officers designated by the Secretary of 
homeland Security, the Attorney General, or the Secretary of 
Defense.
Section 102. New section 2280a of title 18, United States Code
    This section creates a new section 2280a to criminalize the 
new offenses in the 2005 Protocol, which forbids enumerated 
maritime terrorism acts and the maritime transport of 
biological, chemical, or nuclear weapons (``BCN weapons'') or 
certain of their components, delivery means, or materials, 
under specified circumstances. The 2005 Protocol also forbids 
the maritime transport of terrorist fugitives.
    Subsection (a)(1) references the exceptions for armed 
forces and military actions found in subsection (c), in 
accordance with the 2005 Protocol, Article 3.
    New subsection (a)(1)(A) implements Article 4 of the 2005 
Protocol as it adds Article 3bis, paragraphs 1(a)(i),(ii), and 
(iii) to the 1988 Convention. Under these provisions, it is an 
offense to, unlawfully and with the intent to compel a person, 
an international organization, or a state to do or refrain from 
doing an act, (i) use against or on, or discharge from, a ship 
any explosive or radioactive material, or BCN weapon, in a 
manner that causes or is likely to cause death or serious 
injury or damage; (ii) discharge from a ship oil, liquefied 
natural gas, or another hazardous or noxious substance, in a 
manner that causes or is likely to cause death or serious 
injury or damage; or (iii) otherwise use a ship in a manner 
that causes death or serious injury or damage.
    Subsection (a)(1)(B) implements Article 4(5) of the 2005 
Protocol as it adds to the 1988 Convention Article 3bis, 
paragraphs1(b) and 2. Subsection (a)(1)(B)(i) forbids the 
transport of explosive or radioactive material intended for a 
terrorist act. Subsection (a)(1)(B)(ii) forbids the transport 
of BCN weapons. Subsection (a)(1)(B)(iii) forbids the transport 
of source or special fissionable material or equipment or 
material especially designed or prepared for the processing, 
use, or production of special fissionable material where 
intended for use in a nuclear explosive activity or in any 
other nuclear activity not under safeguards pursuant to an 
International Atomic Energy Agency comprehensive safeguards 
agreement (except where not contrary to obligations of parties 
to the Treaty on the Non-Proliferation of Nuclear Weapons 
(``NPT'')). For example, transport would be permitted if no 
safeguards are required, as in the case of a Nuclear Weapon 
State Party recipient, or if an NPT State Party sends such 
materials or equipment to a country that is not an NPT State 
Party for use in an activity under ``facility-specific'' 
International Atomic Energy Agency (``IAEA'') safeguards. At 
the same time, transport, even by an NPT State Party to a 
country that is not an NPT State Party, would be forbidden if 
the resulting transfer violated the NPT party's obligations 
under the NPT. For example, the obligations of NPT States 
Parties under the NPT include, among other things, the 
obligation not to provide source or special fissionable 
material or equipment or material especially designed or 
prepared for the processing, use, or production of special 
fissionable material to any non-nuclear weapon state for 
peaceful purposes, unless the source or special fissionable 
material is subject to IAEA safeguards.
    Subsections (a)(1)(B)(iv)-(vi) forbid transport of certain 
items, including dual use items, that will significantly 
contribute to and are intended for the design or manufacture of 
a BCN weapon or its means of delivery. New statutory 
subparagraph (B) reflects Article 4(5) of the 2005 Protocol, 
which adds Article 3bis, paragraphs 1(b) and 2 to the 1988 
Convention. However, the offenses and savings clause of the 
Convention are reorganized in the statute to provide a clearer 
exposition of the exceptions applicable to each category of 
forbidden conduct. The offenses prohibited are consistent with 
the obligations under the NPT and complementary with the 
obligations set out in U.N. Security Council Resolution 1540 
regarding prohibitions against the transport of BCN weapons.
    Subsection (a)(1)(C) implements Article 4(6) of the 2005 
Protocol to prohibit the transportation of a terrorist fugitive 
(i.e., perpetrators of an act prohibited under the amended SUA 
or one of nine other UN terrorism conventions), with the intent 
to help the fugitive evade prosecution.
    Subsections (a)(1)(D) and (E) add provisions regarding 
conspiracy, attempt, and injury or death in connection with one 
of the listed offenses. The amendments reflect the amendments 
in Article 4(7) of the 2005 Protocol, which are also partially 
implemented by 18 U.S.C. Sec. Sec. 2 and 371.
    Subsection (a)(2) criminalizing threats is updated to 
implement the 2005 Protocol's requirement to criminalize 
threats to commit the terrorism-related offenses described in 
subparagraph (A) (see 2005 Protocol, Article 4(5)).
    Subsection (b) specifies the circumstances in which the 
United States can exercise jurisdiction over the offenses. 
These grounds include the grounds required by the 1988 
Convention and 2005 Protocol as well as the optional grounds 
listed in the 1988 Convention. (See 2005 Protocol, Article 6; 
1988 Convention, Article 6.)
    Subsection (c) of inserts exceptions specifying that the 
statute does not apply to armed forces during an armed conflict 
or to the official exercise of military duties, as specified in 
Article 3 of the 2005 Protocol.
    Subsection (d) establishes a civil forfeiture provision 
against any real or personal property used or intended for use 
in committing violations under section 2280. This would include 
gross proceeds of such violations, and real or personal 
property traceable to such property or proceeds. These 
forfeitures are governed by the provisions of chapter 46 of 
Title 18, but may also be performed by agents or officers 
designated by the Secretary of homeland Security, the Attorney 
General, or the Secretary of Defense.
    The penalties for violations of 18 U.S.C. 2280a are a fine, 
imprisonment for not more than 20 years, or both. If the death 
of any person results from prohibited conduct under this new 
section, the punishment is imprisonment for any term of years 
or life (this does not have the death penalty provision 
contained in Section 2280).
Section 103. Amendment to section 2281 of title 18, United States Code
    This section corrects an error in subsection (c) in the 
cross-reference to the Norris-LaGuardia Act by substituting 
``section 13 (c) for the current 2 (c)'' of that Act.
    Strikes the definitions found in subsection (d), of 
``national of the United States,'' ``territorial sea of the 
United States,'' and ``United States.''
    This section adds a new subsection (e) that creates an 
exception to the provisions of the section for the activities 
of armed forces during an armed conflict as those terms are 
understood under the law of war. This exception is identical to 
that found in other sections of this Act and is specified in 
Article 3 of the 2005 Protocol (cross-referenced in Article 2 
of the 2005 Platforms Protocol).
Section 104. New section 2281a of title 18, United States Code
    This new section of title 18 criminalizes the new offenses 
specified in the 2005 Platforms Protocol.
    New subsection (a)(1)(A) makes it an offense to, unlawfully 
and with the intent to compel a person, an international 
organization, or a state to do or refrain from doing an act, 
(i) use against or discharge from a fixed platform, any 
explosive or radioactive material, or biological, chemical, or 
nuclear weapon, in a manner that causes or is likely to cause 
death or serious injury or damage; or (ii) discharge from a 
fixed platform oil, liquefied natural gas, or another hazardous 
or noxious substance, in a manner that causes or is likely to 
cause death or serious injury or damage.
    Subsection (a)(1)(B) extends the penalties for injuring or 
killing a person in connection with the commission of an 
enumerated offense to the new crimes in subparagraph (A), as 
required by the 2005 Platforms Protocol, Article 4(2).
    Subsections (a)(1)(C) and (a)(2) implement the 2005 
Platforms Protocol's application of attempt, conspiracy, and 
threat provisions to the new terrorist crimes. (See 2005 
Platforms Protocol, Articles 4(1) and 4(2)).
    Subsection (b) implements the jurisdictional requirements 
of the Platforms Protocols as well as those that are listed as 
optional. (See 2005 Platforms Protocol, Article 5; 1988 
Protocol, Article 3).
    Subsection (c) inserts exceptions specifying that the 
statute does not apply to armed forces during an armed conflict 
or to the official exercise of military duties, as required by 
the 2005 Platforms Protocol (see 2005 Platforms Protocol, 
Article 2, cross-referencing the 2005 Protocol, Article 3).
    Subsection (d) adds definitions of ``continental shelf'' 
and ``fixed platform'' that are not included in 18 U.S.C. 
Sec. 2280.
    The penalties for violations of 18 U.S.C. 2281a are a fine, 
imprisonment for not more than 20 years, or both. If the death 
of any person results from prohibited conduct under this new 
section, the punishment is imprisonment for any term of years 
or life (this does not have the death penalty provision 
contained in Section 2281).
Section 105. Ancillary Measure
    Amends the meaning of the term ``Federal Crime of 
Terrorism'' to include violations of the new section 2280a and 
2281a, created by sections 102 and 104 of this Act.
Title II--Prevention of nuclear terrorism
    This title implements certain provisions of the nuclear 
terrorism convention and the amendment to the convention for 
the physical protection of nuclear material.
Section 201. New Section 2332i of Title 18 of the U.S. Code
    This section of the bill creates a new section 2332(i).
    Section 2332i(a) implements the provisions in Articles 2 
and 5(a) of the NTC by creating two new criminal offenses 
regarding the possession and use of radioactive material, along 
with criminalizing, as required by the two treaties, attempts, 
threats, and conspiracies to commit the offenses. The 
provisions on damaging or interfering with a nuclear facility 
would also implement the CPPNM amendment's provision on nuclear 
facility sabotage.
    Section 2332i(a)(1)(A) would make it a criminal offense to 
knowingly possess radioactive material or make or possess a 
nuclear explosive, radiation exposure device or radiological 
dispersal device, with the intent to cause death or serious 
bodily injury or substantial damage to property or the 
environment. Section 2332i(a)(1)(B) would make it a criminal 
offense to knowingly use radioactive material or a nuclear 
explosive or radiological dispersal device or radiation 
exposure device, or damage or interfere with a nuclear facility 
in a manner that risks or causes contamination or exposure to 
radioactive material or radiation, with the intent to cause 
death or serious bodily injury or substantial damage to 
property or the environment, or with the knowledge that such 
effect is likely. With respect to this offense, the acts may 
also constitute offenses if they are done with the intent to 
compel a person, international organization, or state to do or 
refrain from doing an act. These offenses implement the NTC 
Article 2(1) and the acts of sabotage described in the 
amendment to Article 7 of the CPPNM. The CPPNM amendment also 
includes a specific exception for such sabotage acts 
``undertaken in conformity with the national law of the State 
Party in the territory of which the nuclear facility is 
situated.'' Such an exception would protect, for example, first 
responders but is not necessary in domestic law because the 
statute only criminalizes unlawful activity. Moreover, the 
government would not prosecute first responders for acts within 
their official duties in responding to an incident.
    Section 2332i(a)(2) would criminalize a threat to commit 
either offense in subsection (a)(1) and a demand for possession 
of or access to radioactive material, a nuclear explosive, or a 
radiological dispersal device or a radiation exposure device or 
a nuclear facility by means of a threat or use of force. This 
language implements Article 2(2) of the NTC, with slightly 
different but equivalent language for purposes of U.S. law. It 
also implements the threat provision of the CPPNM amendment as 
applied to nuclear facility sabotage. Threats to commit the 
other acts identified in the CPPNM amendment are criminalized 
at 18 U.S.C. Sec. 831.
    Section 2332i(a)(3) would criminalize attempts to commit 
the offenses in subsection (a)(1) and conspiracies to commit 
the offenses in subsections (a)(1) and (a)(2). This language 
implements Article 2(3) and 2(4) of the NTC, as well as the 
amendment to Article 7 of the CPPNM as it pertains to sabotage 
attempts and participation. Conspiracy under subsection (a)(3) 
would not require proof of an overt act. Attempts to threaten 
are not included in the NTC and therefore not included in the 
legislation. The NTC and CPPNM amendment do include the offense 
of ``participation'' in an attempt, but the legislation does 
not criminalize conspiracy to attempt since the crime does not 
have an analogue in U.S. law. Statutory provisions for 
conspiracy and attempt, as well as aiding and abetting 
liability through 18 U.S.C. Sec. 2, are sufficient to implement 
the conventions' provisions on attempt and participation.
    Section 2332i(b) would create jurisdiction for the offenses 
in subsection (a). Article 9 of the NTC and Article 8 of the 
CPPNM require jurisdiction over offenses occurring on the 
territory of a signatory, on board vessels flying the flag of a 
signatory, and on aircraft registered in a signatory, and over 
offenses committed by nationals of a signatory. Subsections 
(b)(1), (b)(2)(A), and (b)(2)(B) implement these jurisdictional 
grounds in the new legislation and include the special aircraft 
jurisdiction of the United States. The statute uses the term 
``vessel of the United States'' and ``vessel subject to the 
jurisdiction of the United States'' (both terms defined in 46 
U.S.C. Sec. 70502) to define jurisdiction over vessels. The 
treaties also require that a State Party establish jurisdiction 
over the offenses in cases where the alleged offender is 
present in its territory and it does not extradite that person 
to a State Party that has implemented procedures in compliance 
with the treaties. Accordingly, the statute includes in 
subsection (b)(4) jurisdiction if an offender is found in the 
United States. The NTC also permits jurisdiction in a number of 
other cases, which this legislation adopts. There is 
jurisdiction over offenses committed against a U.S. national 
abroad; by a stateless person whose habitual residence is in 
the United States; against state or government facilities 
abroad; or in an attempt to compel the United States to do or 
abstain from doing any act.
    Section 2332i(c) would impose penalties for the commission 
of the offenses in subsection (a), in accordance with the 
obligation under Article 5(b) of the NTC and Article 7 of the 
CPPNM. The penalties are a fine of not more than $2,000,000 and 
imprisonment for any term of years or life.
    Section 2332i(d) addresses nonapplicability. Article 4(2) 
of the NTC and the amendment to Article 2 of the CPPNM specify 
that activities of armed forces are not covered by the 
conventions. The statutory exemption in section 2332i(d) 
implements this exception. The statute draws on the definition 
of ``military forces of a state'' used in the Nuclear Terrorism 
Convention, Paragraph 6 of Article I. Consistent with the 
understandings included in the instruments of ratification for 
both the NTC and CPNNM (Treaty Doc. 110-4 at IX and Treaty Doc. 
110-6 at 7) and with the Administration's interpretation of 18 
U.S.C. 2332f, the exemption in section 2332i(d) is understood 
to include civilians who direct or organize the official 
activities of military forces of a State.
    Section 2332i(e) defines relevant terms in the section, 
most importantly, ``radioactive material,'' ``nuclear 
material,'' ``nuclear facility,'' and ``device.'' The 
definitions of ``radioactive material'' and ``device'' are 
adopted directly from the NTC. The definition of ``nuclear 
material'' is adopted from existing section 831(f) in order to 
provide consistency among the statutes. It is slightly broader 
than the definition in the CPPNM or the NTC because it covers 
all plutonium, rather than ``plutonium, except that with 
isotopic concentration exceeding 80 percent in plutonium-238.'' 
When amending section 831 in 1996, Congress expanded the 
definition in that statute beyond the CPPNM definition in order 
to address other hazardous materials that might be used in 
radioactive dispersal devices or in other terrorist activity.
    The definition of ``nuclear facility'' is adopted partly 
from the NTC, in subsections (e)(6)(A) and (e)(6)(B), and 
partly, in subsection (e)(6)(C), from the definition of the 
same term in the CPPNM amendment because the statute covers 
offenses from both conventions involving nuclear facilities. A 
nuclear facility would include a nuclear reactor or plant used 
for nuclear material, as well as a conveyance for radioactive 
material. It would also include facilities that use nuclear 
material, provided that damage to or interference with the 
facility could lead to a significant release of radiation or 
radioactive material.
Section 202. Amendment to Section 831 of Title 18 of the U.S. Code
    Section 831 is amended to implement certain provisions of 
the CPPNM amendment. New subsection (a)(3) would criminalize 
the additional acts of nuclear smuggling required to be 
prohibited under the CPPNM amendment As with the other offenses 
in section 831, since 1996, slightly more material would be 
covered in the statute than in the treaty: section 831 includes 
``nuclear byproduct material'' where the CPPNM does not, and 
section 831, as explained above, has a somewhat broader 
definition of nuclear material than the CPPNM. Congress's 
findings in 1996 supported this expansion.
    Renumbered subsection (a)(8) retains the previous attempt 
offenses and adds an attempt offense with respect to the new 
smuggling offense (new subsection (a)(3)), consistent with the 
CPPNM amendment. Renumbered subsection (a)(9) would include 
conspiracies to commit the substantive offenses criminalized in 
the statute, as required by the CPPNM and its amendment.
    The jurisdictional provisions in subsection (c) would be 
expanded to include some of the grounds listed in the new 
section 2332i to promote consistency in the implementation of 
these two conventions and the full assertion of permissible 
authority over potential nuclear material offenses. The 
amendment would add, consistent with section 2332i, 
jurisdiction over offenses committed by stateless persons with 
their habitual residence in the United States. It would also 
extend jurisdiction over offenses against state or government 
facilities abroad and offenses committed on board an aircraft 
or vessel registered in the United States. Simpler language 
borrowed from the new section 2332i would replace current 
subsection (c)(5) to achieve the same effect of jurisdiction 
over terrorist acts done to influence the United States 
government or that constitute a threat directed at the United 
States.
    Similarly to section 2332i(d), and elsewhere in this Act, a 
new subsection (e) in section 831 would provide exemptions to 
jurisdiction for activities of armed forces, implementing the 
amendment to Article 2 of the CPPNM. The statute also draws on 
the definition of ``military forces of a state'' used in the 
Nuclear Terrorism Convention, Paragraph 6 of Article I. 
Consistent with the understandings included in the instruments 
of ratification for both the NTC and CPNNM (Treaty Doc. 110-4 
at IX and Treaty Doc. 110-6 at 7) and with the interpretation 
of 18 U.S.C. 2332f, the exemption in section 831(e) is 
understood to include civilians who direct or organize the 
official activities of military forces of a State.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

                      TITLE 18, UNITED STATES CODE

           *       *       *       *       *       *       *
PART I--CRIMES

           *       *       *       *       *       *       *

CHAPTER 39--EXPLOSIVES AND OTHER DANGEROUS ARTICLES

           *       *       *       *       *       *       *

Sec. 831. Prohibited transactions involving nuclear materials

    (a) Whoever, if one of the circumstances described in 
subsection (c) of this section occurs--
            (1) * * *

           *       *       *       *       *       *       *

            (3) without lawful authority, intentionally 
        carries, sends or moves nuclear material into or out of 
        a country;
            [(3)] (4) knowingly--
                    (A) * * *

           *       *       *       *       *       *       *

            [(4)] (5) intentionally intimidates any person and 
        thereby obtains nuclear material or nuclear byproduct 
        material belonging to another;
            [(5)] (6) with intent to compel any person, 
        international organization, or governmental entity to 
        do or refrain from doing any act, knowingly threatens 
        to engage in conduct described in paragraph (2)(A) or 
        (3) of this subsection;
            [(6)] (7) knowingly threatens to use nuclear 
        material or nuclear byproduct material to cause death 
        or serious bodily injury to any person or substantial 
        damage to property or to the environment under 
        circumstances in which the threat may reasonably be 
        understood as an expression of serious purposes;
            [(7)] (8) attempts to commit [an offense under 
        paragraph (1), (2), (3), or (4)] any act prohibited 
        under paragraphs (1) through (5) of this subsection; or
            [(8)] (9) is a party to a conspiracy of two or more 
        persons to commit [an offense under paragraph (1), (2), 
        (3), or (4)] any act prohibited under paragraphs (1) 
        through (7) of this subsection, if any of the parties 
        intentionally engages in any conduct in furtherance of 
        such offense;
shall be punished as provided in subsection (b) of this 
section.
    (b) The punishment for an offense under--
            (1) paragraphs (1) through [(7)] (8) of subsection 
        (a) of this section is--
                    (A) * * *

           *       *       *       *       *       *       *

            (2) paragraph [(8)] (9) of subsection (a) of this 
        section is--
                    (A) * * *

           *       *       *       *       *       *       *

    (c) The circumstances referred to in subsection (a) of this 
section are that--
            (1) * * *
            (2) an offender or a victim is--
                    (A) a national of the United States or a 
                stateless person whose habitual residence is in 
                the United States; or

           *       *       *       *       *       *       *

            (4) the conduct required for the offense occurs 
        with respect to the carriage of a consignment of 
        nuclear material or nuclear byproduct material for 
        peaceful purposes by any means of transportation 
        intended to go beyond the territory of the state where 
        the shipment originates beginning with the departure 
        from a facility of the shipper in that state and ending 
        with the arrival at a facility of the receiver within 
        the state of ultimate destination and either of such 
        states is the United States; [or]
            [(5) either--
                    [(A) the governmental entity under 
                subsection (a)(5) is the United States; or
                    [(B) the threat under subsection (a)(6) is 
                directed at the United States.]
            (5) the offense is committed on board a vessel of 
        the United States or a vessel subject to the 
        jurisdiction of the United States (as defined in 
        section 70502 of title 46) or on board an aircraft that 
        is registered under United States law, at the time the 
        offense is committed;
            (6) the offense is committed outside the United 
        States and against any state or government facility of 
        the United States; or
            (7) the offense is committed in an attempt to 
        compel the United States to do or abstain from doing 
        any act, or constitutes a threat directed at the United 
        States.
    (d) Nonapplicability.--This section does not apply to--
            (1) the activities of armed forces during an armed 
        conflict, as those terms are understood under the law 
        of war, which are governed by that law; or
            (2) activities undertaken by military forces of a 
        state in the exercise of their official duties.
    [(d)] (e) The Attorney General may request assistance from 
the Secretary of Defense under chapter 18 of title 10 in the 
enforcement of this section and the Secretary of Defense may 
provide such assistance in accordance with chapter 18 of title 
10, except that the Secretary of Defense may provide such 
assistance through any Department of Defense personnel.
    [(e)] (f)(1) * * *

           *       *       *       *       *       *       *

    [(f)] (g) As used in this section--
            (1) * * *

           *       *       *       *       *       *       *

            (6) the term ``national of the United States'' has 
        the same meaning as in section 101(a)(22) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); 
        [and]
            (7) the term ``United States corporation or other 
        legal entity'' means any corporation or other entity 
        organized under the laws of the United States or any 
        State, Commonwealth, territory, possession, or district 
        of the United States[.];
            (8) the term ``armed conflict'' has the meaning 
        given that term in section 2332f(e)(11) of this title;
            (9) the term ``military forces of a state'' means 
        the armed forces of a country that are organized, 
        trained and equipped under its internal law for the 
        primary purpose of national defense or security and 
        persons acting in support of those armed forces who are 
        under their formal command, control and responsibility;
            (10) the term ``state'' has the same meaning as 
        that term has under international law, and includes all 
        political subdivisions thereof;
            (11) the term ``state or government facility'' has 
        the meaning given that term in 2332f(e)(3) of this 
        title; and
            (12) the term ``vessel of the United States'' has 
        the meaning given that term in section 70502 of title 
        46.

           *       *       *       *       *       *       *

CHAPTER 111--SHIPPING

           *       *       *       *       *       *       *

Sec. 2280. Violence against maritime navigation

    (a) * * *
    (b) Jurisdiction.--There is jurisdiction over the activity 
prohibited in subsection (a)--
            (1) in the case of a covered ship, if--
                    (A) such activity is committed--
                            (i) against or on board [a ship 
                        flying the flag of the United States] a 
                        vessel of the United States or a vessel 
                        subject to the jurisdiction of the 
                        United States (as defined in section 
                        70502 of title 46) at the time the 
                        prohibited activity is committed;
                            (ii) in the United States, 
                        including the territorial seas; or
                            (iii) by a national of the United 
                        States, by a United States corporation 
                        or legal entity, or by a stateless 
                        person whose habitual residence is in 
                        the United States;

           *       *       *       *       *       *       *

    (c) Bar To Prosecution.--It is a bar to Federal prosecution 
under subsection (a) for conduct that occurred within the 
United States that the conduct involved was during or in 
relation to a labor dispute, and such conduct is prohibited as 
a felony under the law of the State in which it was committed. 
For purposes of this section, the term ``labor dispute'' has 
the meaning set forth in [section 2(c)] section 13(c) of the 
Norris-LaGuardia Act, as amended (29 U.S.C. 113(c)).
    [(d) Delivery of Suspected Offender.--The master of a 
covered ship flying the flag of the United States who has 
reasonable grounds to believe that there is on board that ship 
any person who has committed an offense under Article 3 of the 
Convention for the Suppression of Unlawful Acts Against the 
Safety of Maritime Navigation may deliver such person to the 
authorities of a State Party to that Convention. Before 
delivering such person to the authorities of another country, 
the master shall notify in an appropriate manner the Attorney 
General of the United States of the alleged offense and await 
instructions from the Attorney General as to what action to 
take. When delivering the person to a country which is a State 
Party to the Convention, the master shall, whenever 
practicable, and if possible before entering the territorial 
sea of such country, notify the authorities of such country of 
the master's intention to deliver such person and the reasons 
therefor. If the master delivers such person, the master shall 
furnish to the authorities of such country the evidence in the 
master's possession that pertains to the alleged offense.
    [(e) Definitions.--In this section--
            [``covered ship'' means a ship that is navigating 
        or is scheduled to navigate into, through or from 
        waters beyond the outer limit of the territorial sea of 
        a single country or a lateral limit of that country's 
        territorial sea with an adjacent country.
            [``national of the United States'' has the meaning 
        stated in section 101(a)(22) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(22)).
            [``territorial sea of the United States'' means all 
        waters extending seaward to 12 nautical miles from the 
        baselines of the United States determined in accordance 
        with international law.
            [``ship'' means a vessel of any type whatsoever not 
        permanently attached to the sea-bed, including 
        dynamically supported craft, submersibles or any other 
        floating craft, but does not include a warship, a ship 
        owned or operated by a government when being used as a 
        naval auxiliary or for customs or police purposes, or a 
        ship which has been withdrawn from navigation or laid 
        up.
            [``United States'', when used in a geographical 
        sense, includes the Commonwealth of Puerto Rico, the 
        Commonwealth of the Northern Mariana Islands and all 
        territories and possessions of the United States.]
    (d) Definitions.--As used in this section, section 2280a, 
section 2281, and section 2281a, the term--
            (1) ``applicable treaty'' means--
                    (A) the Convention for the Suppression of 
                Unlawful Seizure of Aircraft, done at The Hague 
                on 16 December 1970;
                    (B) the Convention for the Suppression of 
                Unlawful Acts against the Safety of Civil 
                Aviation, done at Montreal on 23 September 
                1971;
                    (C) the Convention on the Prevention and 
                Punishment of Crimes against Internationally 
                Protected Persons, including Diplomatic Agents, 
                adopted by the General Assembly of the United 
                Nations on 14 December 1973;
                    (D) International Convention against the 
                Taking of Hostages, adopted by the General 
                Assembly of the United Nations on 17 December 
                1979;
                    (E) the Convention on the Physical 
                Protection of Nuclear Material, done at Vienna 
                on 26 October 1979;
                    (F) the Protocol for the Suppression of 
                Unlawful Acts of Violence at Airports Serving 
                International Civil Aviation, supplementary to 
                the Convention for the Suppression of Unlawful 
                Acts against the Safety of Civil Aviation, done 
                at Montreal on 24 February 1988;
                    (G) the Protocol for the Suppression of 
                Unlawful Acts against the Safety of Fixed 
                Platforms Located on the Continental Shelf, 
                done at Rome on 10 March 1988;
                    (H) International Convention for the 
                Suppression of Terrorist Bombings, adopted by 
                the General Assembly of the United Nations on 
                15 December 1997; and
                    (I) International Convention for the 
                Suppression of the Financing of Terrorism, 
                adopted by the General Assembly of the United 
                Nations on 9 December 1999;
            (2) ``armed conflict'' does not include internal 
        disturbances and tensions, such as riots, isolated and 
        sporadic acts of violence, and other acts of a similar 
        nature;
            (3) ``biological weapon'' means--
                    (A) microbial or other biological agents, 
                or toxins whatever their origin or method of 
                production, of types and in quantities that 
                have no justification for prophylactic, 
                protective, or other peaceful purposes; or
                    (B) weapons, equipment, or means of 
                delivery designed to use such agents or toxins 
                for hostile purposes or in armed conflict;
            (4) ``chemical weapon'' means, together or 
        separately--
                    (A) toxic chemicals and their precursors, 
                except where intended for--
                            (i) industrial, agricultural, 
                        research, medical, pharmaceutical, or 
                        other peaceful purposes;
                            (ii) protective purposes, namely 
                        those purposes directly related to 
                        protection against toxic chemicals and 
                        to protection against chemical weapons;
                            (iii) military purposes not 
                        connected with the use of chemical 
                        weapons and not dependent on the use of 
                        the toxic properties of chemicals as a 
                        method of warfare; or
                            (iv) law enforcement including 
                        domestic riot control purposes,
                as long as the types and quantities are 
                consistent with such purposes;
                    (B) munitions and devices, specifically 
                designed to cause death or other harm through 
                the toxic properties of those toxic chemicals 
                specified in subparagraph (A), which would be 
                released as a result of the employment of such 
                munitions and devices; and
                    (C) any equipment specifically designed for 
                use directly in connection with the employment 
                of munitions and devices specified in 
                subparagraph (B);
            (5) ``covered ship'' means a ship that is 
        navigating or is scheduled to navigate into, through or 
        from waters beyond the outer limit of the territorial 
        sea of a single country or a lateral limit of that 
        country's territorial sea with an adjacent country;
            (6) ``explosive material'' has the meaning given 
        the term in section 841(c) and includes explosive as 
        defined in section 844(j) of this title;
            (7) ``infrastructure facility'' has the meaning 
        given the term in section 2332f(e)(5) of this title;
            (8) ``international organization'' has the meaning 
        given the term in section 831(f)(3) of this title;
            (9) ``military forces of a state'' means the armed 
        forces of a state which are organized, trained, and 
        equipped under its internal law for the primary purpose 
        of national defense or security, and persons acting in 
        support of those armed forces who are under their 
        formal command, control, and responsibility;
            (10) ``national of the United States'' has the 
        meaning stated in section 101(a)(22) of the Immigration 
        and Nationality Act (8 U.S.C. 1101(a)(22));
            (11) ``Non-Proliferation Treaty'' means the Treaty 
        on the Non-Proliferation of Nuclear Weapons, done at 
        Washington, London, and Moscow on 1 July 1968;
            (12) ``Non-Proliferation Treaty State Party'' means 
        any State Party to the Non-Proliferation Treaty, to 
        include Taiwan, which shall be considered to have the 
        obligations under the Non-Proliferation Treaty of a 
        party to that treaty other than a Nuclear Weapon State 
        Party to the Non-Proliferation Treaty;
            (13) ``Nuclear Weapon State Party to the Non-
        Proliferation Treaty'' means a State Party to the Non-
        Proliferation Treaty that is a nuclear-weapon State, as 
        that term is defined in Article IX(3) of the Non-
        Proliferation Treaty;
            (14) ``place of public use'' has the meaning given 
        the term in section 2332f(e)(6) of this title;
            (15) ``precursor'' has the meaning given the term 
        in section 229F(6)(A) of this title;
            (16) ``public transport system'' has the meaning 
        given the term in section 2332f(e)(6) of this title;
            (17) ``serious injury or damage'' means--
                    (A) serious bodily injury,
                    (B) extensive destruction of a place of 
                public use, State or government facility, 
                infrastructure facility, or public 
                transportation system, resulting in major 
                economic loss, or
                    (C) substantial damage to the environment, 
                including air, soil, water, fauna, or flora;
            (18) ``ship'' means a vessel of any type whatsoever 
        not permanently attached to the sea-bed, including 
        dynamically supported craft, submersibles, or any other 
        floating craft, but does not include a warship, a ship 
        owned or operated by a government when being used as a 
        naval auxiliary or for customs or police purposes, or a 
        ship which has been withdrawn from navigation or laid 
        up;
            (19) ``source material'' has the meaning given that 
        term in the International Atomic Energy Agency Statute, 
        done at New York on 26 October 1956;
            (20) ``special fissionable material'' has the 
        meaning given that term in the International Atomic 
        Energy Agency Statute, done at New York on 26 October 
        1956;
            (21) ``territorial sea of the United States'' means 
        all waters extending seaward to 12 nautical miles from 
        the baselines of the United States determined in 
        accordance with international law;
            (22) ``toxic chemical'' has the meaning given the 
        term in section 229F(8)(A) of this title;
            (23) ``transport'' means to initiate, arrange or 
        exercise effective control, including decisionmaking 
        authority, over the movement of a person or item; and
            (24) ``United States'', when used in a geographical 
        sense, includes the Commonwealth of Puerto Rico, the 
        Commonwealth of the Northern Mariana Islands, and all 
        territories and possessions of the United States.
    (e) Exceptions.--This section shall not apply to--
            (1) the activities of armed forces during an armed 
        conflict, as those terms are understood under the law 
        of war, which are governed by that law; or
            (2) activities undertaken by military forces of a 
        state in the exercise of their official duties.
    (f) Delivery of Suspected Offender.--The master of a 
covered ship flying the flag of the United States who has 
reasonable grounds to believe that there is on board that ship 
any person who has committed an offense under section 2280 or 
section 2280a may deliver such person to the authorities of a 
country that is a party to the Convention for the Suppression 
of Unlawful Acts against the Safety of Maritime Navigation. 
Before delivering such person to the authorities of another 
country, the master shall notify in an appropriate manner the 
Attorney General of the United States of the alleged offense 
and await instructions from the Attorney General as to what 
action to take. When delivering the person to a country which 
is a state party to the Convention, the master shall, whenever 
practicable, and if possible before entering the territorial 
sea of such country, notify the authorities of such country of 
the master's intention to deliver such person and the reasons 
therefor. If the master delivers such person, the master shall 
furnish to the authorities of such country the evidence in the 
master's possession that pertains to the alleged offense.
    (g)(1) Civil Forfeiture.--Any real or personal property 
used or intended to be used to commit or to facilitate the 
commission of a violation of this section, the gross proceeds 
of such violation, and any real or personal property traceable 
to such property or proceeds, shall be subject to forfeiture.
    (2) Applicable Procedures.--Seizures and forfeitures under 
this section shall be governed by the provisions of chapter 46 
of title 18, United States Code, relating to civil forfeitures, 
except that such duties as are imposed upon the Secretary of 
the Treasury under the customs laws described in section 981(d) 
shall be performed by such officers, agents, and other persons 
as may be designated for that purpose by the Secretary of 
Homeland Security, the Attorney General, or the Secretary of 
Defense.

Sec. 2280a. Violence against maritime navigation and maritime transport 
                    involving weapons of mass destruction

    (a) Offenses.--
            (1) In general.--Subject to the exceptions in 
        subsection (c), a person who unlawfully and 
        intentionally--
                    (A) when the purpose of the act, by its 
                nature or context, is to intimidate a 
                population, or to compel a government or an 
                international organization to do or to abstain 
                from doing any act--
                            (i) uses against or on a ship or 
                        discharges from a ship any explosive or 
                        radioactive material, biological, 
                        chemical, or nuclear weapon or other 
                        nuclear explosive device in a manner 
                        that causes or is likely to cause death 
                        to any person or serious injury or 
                        damage;
                            (ii) discharges from a ship oil, 
                        liquefied natural gas, or another 
                        hazardous or noxious substance that is 
                        not covered by clause (i), in such 
                        quantity or concentration that causes 
                        or is likely to cause death to any 
                        person or serious injury or damage; or
                            (iii) uses a ship in a manner that 
                        causes death to any person or serious 
                        injury or damage;
                    (B) transports on board a ship--
                            (i) any explosive or radioactive 
                        material, knowing that it is intended 
                        to be used to cause, or in a threat to 
                        cause, death to any person or serious 
                        injury or damage for the purpose of 
                        intimidating a population, or 
                        compelling a government or an 
                        international organization to do or to 
                        abstain from doing any act;
                            (ii) any biological, chemical, or 
                        nuclear weapon or other nuclear 
                        explosive device, knowing it to be a 
                        biological, chemical, or nuclear weapon 
                        or other nuclear explosive device;
                            (iii) any source material, special 
                        fissionable material, or equipment or 
                        material especially designed or 
                        prepared for the processing, use, or 
                        production of special fissionable 
                        material, knowing that it is intended 
                        to be used in a nuclear explosive 
                        activity or in any other nuclear 
                        activity not under safeguards pursuant 
                        to an International Atomic Energy 
                        Agency comprehensive safeguards 
                        agreement, except where--
                                    (I) such item is 
                                transported to or from the 
                                territory of, or otherwise 
                                under the control of, a Non-
                                Proliferation Treaty State 
                                Party; and
                                    (II) the resulting transfer 
                                or receipt (including internal 
                                to a country) is not contrary 
                                to the obligations under the 
                                Non-Proliferation Treaty of the 
                                Non-Proliferation Treaty State 
                                Party from which, to the 
                                territory of which, or 
                                otherwise under the control of 
                                which such item is transferred;
                            (iv) any equipment, materials, or 
                        software or related technology that 
                        significantly contributes to the design 
                        or manufacture of a nuclear weapon or 
                        other nuclear explosive device, with 
                        the intention that it will be used for 
                        such purpose, except where--
                                    (I) the country to the 
                                territory of which or under the 
                                control of which such item is 
                                transferred is a Nuclear Weapon 
                                State Party to the Non-
                                Proliferation Treaty; and
                                    (II) the resulting transfer 
                                or receipt (including internal 
                                to a country) is not contrary 
                                to the obligations under the 
                                Non-Proliferation Treaty of a 
                                Non-Proliferation Treaty State 
                                Party from which, to the 
                                territory of which, or 
                                otherwise under the control of 
                                which such item is transferred;
                            (v) any equipment, materials, or 
                        software or related technology that 
                        significantly contributes to the 
                        delivery of a nuclear weapon or other 
                        nuclear explosive device, with the 
                        intention that it will be used for such 
                        purpose, except where--
                                    (I) such item is 
                                transported to or from the 
                                territory of, or otherwise 
                                under the control of, a Non-
                                Proliferation Treaty State 
                                Party; and
                                    (II) such item is intended 
                                for the delivery system of a 
                                nuclear weapon or other nuclear 
                                explosive device of a Nuclear 
                                Weapon State Party to the Non-
                                Proliferation Treaty; or
                            (vi) any equipment, materials, or 
                        software or related technology that 
                        significantly contributes to the 
                        design, manufacture, or delivery of a 
                        biological or chemical weapon, with the 
                        intention that it will be used for such 
                        purpose;
                    (C) transports another person on board a 
                ship knowing that the person has committed an 
                act that constitutes an offense under section 
                2280 or subparagraphs (A), (B), (D), or (E) of 
                this section or an offense set forth in an 
                applicable treaty, as specified in section 
                2280(d)(1), and intending to assist that person 
                to evade criminal prosecution;
                    (D) injures or kills any person in 
                connection with the commission or the attempted 
                commission of any of the offenses set forth in 
                subparagraphs (A) through (C), or subsection 
                (a)(2), to the extent that the subsection 
                (a)(2) offense pertains to subparagraph (A); or
                    (E) attempts to do any act prohibited under 
                subparagraphs (A), (B) or (D), or conspires to 
                do any act prohibited by subparagraphs (A) 
                through (E) or subsection (a)(2),
        shall be fined under this title, imprisoned not more 
        than 20 years, or both; and if the death of any person 
        results from conduct prohibited by this paragraph, 
        shall be imprisoned for any term of years or for life.
            (2) Threats.--A person who threatens, with apparent 
        determination and will to carry the threat into 
        execution, to do any act prohibited under paragraph 
        (1)(A) shall be fined under this title, imprisoned not 
        more than 5 years, or both.
    (b) Jurisdiction.--There is jurisdiction over the activity 
prohibited in subsection (a)--
            (1) in the case of a covered ship, if--
                    (A) such activity is committed--
                            (i) against or on board a vessel of 
                        the United States or a vessel subject 
                        to the jurisdiction of the United 
                        States (as defined in section 70502 of 
                        title 46) at the time the prohibited 
                        activity is committed;
                            (ii) in the United States, 
                        including the territorial seas; or
                            (iii) by a national of the United 
                        States, by a United States corporation 
                        or legal entity, or by a stateless 
                        person whose habitual residence is in 
                        the United States;
                    (B) during the commission of such activity, 
                a national of the United States is seized, 
                threatened, injured, or killed; or
                    (C) the offender is later found in the 
                United States after such activity is committed;
            (2) in the case of a ship navigating or scheduled 
        to navigate solely within the territorial sea or 
        internal waters of a country other than the United 
        States, if the offender is later found in the United 
        States after such activity is committed; or
            (3) in the case of any vessel, if such activity is 
        committed in an attempt to compel the United States to 
        do or abstain from doing any act.
    (c) Exceptions.--This section shall not apply to--
            (1) the activities of armed forces during an armed 
        conflict, as those terms are understood under the law 
        of war, which are governed by that law; or
            (2) activities undertaken by military forces of a 
        state in the exercise of their official duties.
    (d)(1) Civil Forfeiture.--Any real or personal property 
used or intended to be used to commit or to facilitate the 
commission of a violation of this section, the gross proceeds 
of such violation, and any real or personal property traceable 
to such property or proceeds, shall be subject to forfeiture.
    (2) Applicable Procedures.--Seizures and forfeitures under 
this section shall be governed by the provisions of chapter 46 
of title 18, United States Code, relating to civil forfeitures, 
except that such duties as are imposed upon the Secretary of 
the Treasury under the customs laws described in section 981(d) 
shall be performed by such officers, agents, and other persons 
as may be designated for that purpose by the Secretary of 
Homeland Security, the Attorney General, or the Secretary of 
Defense.

Sec. 2281. Violence against maritime fixed platforms

    (a) * * *

           *       *       *       *       *       *       *

    (c) Bar To Prosecution.--It is a bar to Federal prosecution 
under subsection (a) for conduct that occurred within the 
United States that the conduct involved was during or in 
relation to a labor dispute, and such conduct is prohibited as 
a felony under the law of the State in which it was committed. 
For purposes of this section, the term ``labor dispute'' has 
the meaning set forth in [section 2(c)] section 13(c) of the 
Norris-LaGuardia Act, as amended (29 U.S.C. 113(c)), and the 
term ``State'' means a State of the United States, the District 
of Columbia, and any commonwealth, territory, or possession of 
the United States.
    (d) Definitions.--In this section--
            ``continental shelf'' means the sea-bed and subsoil 
        of the submarine areas that extend beyond a country's 
        territorial sea to the limits provided by customary 
        international law as reflected in Article 76 of the 
        1982 Convention on the Law of the Sea.
            ``fixed platform'' means an artificial island, 
        installation or structure permanently attached to the 
        sea-bed for the purpose of exploration or exploitation 
        of resources or for other economic purposes.
            [``national of the United States'' has the meaning 
        stated in section 101(a)(22) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(22)).
            [``territorial sea of the United States'' means all 
        waters extending seaward to 12 nautical miles from the 
        baselines of the United States determined in accordance 
        with international law.
            [``United States'', when used in a geographical 
        sense, includes the Commonwealth of Puerto Rico, the 
        Commonwealth of the Northern Mariana Islands and all 
        territories and possessions of the United States.]
    (e) Exceptions.--This section does not apply to--
            (1) the activities of armed forces during an armed 
        conflict, as those terms are understood under the law 
        of war, which are governed by that law; or
            (2) activities undertaken by military forces of a 
        state in the exercise of their official duties.

Sec. 2281a. Additional offenses against maritime fixed platforms

    (a) Offenses.--
            (1) In general.--A person who unlawfully and 
        intentionally--
                    (A) when the purpose of the act, by its 
                nature or context, is to intimidate a 
                population, or to compel a government or an 
                international organization to do or to abstain 
                from doing any act--
                            (i) uses against or on a fixed 
                        platform or discharges from a fixed 
                        platform any explosive or radioactive 
                        material, biological, chemical, or 
                        nuclear weapon in a manner that causes 
                        or is likely to cause death or serious 
                        injury or damage; or
                            (ii) discharges from a fixed 
                        platform oil, liquefied natural gas, or 
                        another hazardous or noxious substance 
                        that is not covered by clause (i), in 
                        such quantity or concentration that 
                        causes or is likely to cause death or 
                        serious injury or damage;
                    (B) injures or kills any person in 
                connection with the commission or the attempted 
                commission of any of the offenses set forth in 
                subparagraph (A); or
                    (C) attempts or conspires to do anything 
                prohibited under subparagraphs (A) or (B),
        shall be fined under this title, imprisoned not more 
        than 20 years, or both; and if death results to any 
        person from conduct prohibited by this paragraph, shall 
        be imprisoned for any term of years or for life.
            (2) Threat to safety.--A person who threatens, with 
        apparent determination and will to carry the threat 
        into execution, to do any act prohibited under 
        paragraph (1)(A), shall be fined under this title, 
        imprisoned not more than 5 years, or both.
    (b) Jurisdiction.--There is jurisdiction over the activity 
prohibited in subsection (a) if--
            (1) such activity is committed against or on board 
        a fixed platform--
                    (A) that is located on the continental 
                shelf of the United States;
                    (B) that is located on the continental 
                shelf of another country, by a national of the 
                United States or by a stateless person whose 
                habitual residence is in the United States; or
                    (C) in an attempt to compel the United 
                States to do or abstain from doing any act;
            (2) during the commission of such activity against 
        or on board a fixed platform located on a continental 
        shelf, a national of the United States is seized, 
        threatened, injured, or killed; or
            (3) such activity is committed against or on board 
        a fixed platform located outside the United States and 
        beyond the continental shelf of the United States and 
        the offender is later found in the United States.
    (c) Exceptions.--This section does not apply to--
            (1) the activities of armed forces during an armed 
        conflict, as those terms are understood under the law 
        of war, which are governed by that law; or
            (2) activities undertaken by military forces of a 
        state in the exercise of their official duties.
    (d) Definitions.--In this section--
            (1) ``continental shelf'' means the sea-bed and 
        subsoil of the submarine areas that extend beyond a 
        country's territorial sea to the limits provided by 
        customary international law as reflected in Article 76 
        of the 1982 Convention on the Law of the Sea; and
            (2) ``fixed platform'' means an artificial island, 
        installation, or structure permanently attached to the 
        sea-bed for the purpose of exploration or exploitation 
        of resources or for other economic purposes.

           *       *       *       *       *       *       *

                        CHAPTER 113B--TERRORISM

Sec.
2331.    Definitions.
     * * * * * * *
2332i. Acts of nuclear terrorism.

           *       *       *       *       *       *       *

Sec. 2332b. Acts of terrorism transcending national boundaries

    (a) * * *

           *       *       *       *       *       *       *

    (g) Definitions.--As used in this section--
            (1) * * *

           *       *       *       *       *       *       *

            (5) the term ``Federal crime of terrorism'' means 
        an offense that--
                    (A) * * *
                    (B) is a violation of--
                            (i) section 32 (relating to 
                        destruction of aircraft or aircraft 
                        facilities), 37 (relating to violence 
                        at international airports), 81 
                        (relating to arson within special 
                        maritime and territorial jurisdiction), 
                        175 or 175b (relating to biological 
                        weapons), 175c (relating to variola 
                        virus), 229 (relating to chemical 
                        weapons), subsection (a), (b), (c), or 
                        (d) of section 351 (relating to 
                        congressional, cabinet, and Supreme 
                        Court assassination and kidnaping), 831 
                        (relating to nuclear materials), 832 
                        (relating to participation in nuclear 
                        and weapons of mass destruction threats 
                        to the United States) 842(m) or (n) 
                        (relating to plastic explosives), 
                        844(f)(2) or (3) (relating to arson and 
                        bombing of Government property risking 
                        or causing death), 844(i) (relating to 
                        arson and bombing of property used in 
                        interstate commerce), 930(c) (relating 
                        to killing or attempted killing during 
                        an attack on a Federal facility with a 
                        dangerous weapon), 956(a)(1) (relating 
                        to conspiracy to murder, kidnap, or 
                        maim persons abroad), 1030(a)(1) 
                        (relating to protection of computers), 
                        1030(a)(5)(A) resulting in damage as 
                        defined in 1030(c)(4)(A)(i)(II) through 
                        (VI) (relating to protection of 
                        computers), 1114 (relating to killing 
                        or attempted killing of officers and 
                        employees of the United States), 1116 
                        (relating to murder or manslaughter of 
                        foreign officials, official guests, or 
                        internationally protected persons), 
                        1203 (relating to hostage taking), 1361 
                        (relating to government property or 
                        contracts), 1362 (relating to 
                        destruction of communication lines, 
                        stations, or systems), 1363 (relating 
                        to injury to buildings or property 
                        within special maritime and territorial 
                        jurisdiction of the United States), 
                        1366(a) (relating to destruction of an 
                        energy facility), 1751(a), (b), (c), or 
                        (d) (relating to Presidential and 
                        Presidential staff assassination and 
                        kidnaping), 1992 (relating to terrorist 
                        attacks and other acts of violence 
                        against railroad carriers and against 
                        mass transportation systems on land, on 
                        water, or through the air), 2155 
                        (relating to destruction of national 
                        defense materials, premises, or 
                        utilities), 2156 (relating to national 
                        defense material, premises, or 
                        utilities), 2280 (relating to violence 
                        against maritime navigation), 2280a 
                        (relating to maritime safety) [2281] 
                        2281 through 2281a (relating to 
                        violence against maritime fixed 
                        platforms), 2332 (relating to certain 
                        homicides and other violence against 
                        United States nationals occurring 
                        outside of the United States), 2332a 
                        (relating to use of weapons of mass 
                        destruction), 2332b (relating to acts 
                        of terrorism transcending national 
                        boundaries), 2332f (relating to bombing 
                        of public places and facilities), 2332g 
                        (relating to missile systems designed 
                        to destroy aircraft), 2332h (relating 
                        to radiological dispersal devices), 
                        2339 (relating to harboring 
                        terrorists), 2339A (relating to 
                        providing material support to 
                        terrorists), 2339B (relating to 
                        providing material support to terrorist 
                        organizations), 2339C (relating to 
                        financing of terrorism), 2339D 
                        (relating to military-type training 
                        from a foreign terrorist organization), 
                        or 2340A (relating to torture) of this 
                        title;

           *       *       *       *       *       *       *

Sec. 2332i. Acts of nuclear terrorism

    (a) Offenses.--
            (1) In general.--Whoever knowingly and unlawfully--
                    (A) possesses radioactive material or makes 
                or possesses a device--
                            (i) with the intent to cause death 
                        or serious bodily injury; or
                            (ii) with the intent to cause 
                        substantial damage to property or the 
                        environment; or
                    (B) uses in any way radioactive material or 
                a device, or uses or damages or interferes with 
                the operation of a nuclear facility in a manner 
                that causes the release of or increases the 
                risk of the release of radioactive material, or 
                causes radioactive contamination or exposure to 
                radiation--
                            (i) with the intent to cause death 
                        or serious bodily injury or with the 
                        knowledge that such act is likely to 
                        cause death or serious bodily injury;
                            (ii) with the intent to cause 
                        substantial damage to property or the 
                        environment or with the knowledge that 
                        such act is likely to cause substantial 
                        damage to property or the environment; 
                        or
                            (iii) with the intent to compel a 
                        person, an international organization 
                        or a country to do or refrain from 
                        doing an act,
                shall be punished as prescribed in subsection 
                (c).
            (2) Threats.--Whoever, under circumstances in which 
        the threat may reasonably be believed, threatens to 
        commit an offense under paragraph (1) shall be punished 
        as prescribed in subsection (c). Whoever demands 
        possession of or access to radioactive material, a 
        device or a nuclear facility by threat or by use of 
        force shall be punished as prescribed in subsection 
        (c).
            (3) Attempts and conspiracies.--Whoever attempts to 
        commit an offense under paragraph (1) or conspires to 
        commit an offense under paragraphs (1) or (2) shall be 
        punished as prescribed in subsection (c).
    (b) Jurisdiction.--Conduct prohibited by subsection (a) is 
within the jurisdiction of the United States if--
            (1) the prohibited conduct takes place in the 
        United States or the special aircraft jurisdiction of 
        the United States;
            (2) the prohibited conduct takes place outside of 
        the United States and--
                    (A) is committed by a national of the 
                United States, a United States corporation or 
                legal entity or a stateless person whose 
                habitual residence is in the United States;
                    (B) is committed on board a vessel of the 
                United States or a vessel subject to the 
                jurisdiction of the United States (as defined 
                in section 70502 of title 46) or on board an 
                aircraft that is registered under United States 
                law, at the time the offense is committed; or
                    (C) is committed in an attempt to compel 
                the United States to do or abstain from doing 
                any act, or constitutes a threat directed at 
                the United States;
            (3) the prohibited conduct takes place outside of 
        the United States and a victim or an intended victim is 
        a national of the United States or a United States 
        corporation or legal entity, or the offense is 
        committed against any state or government facility of 
        the United States; or
            (4) a perpetrator of the prohibited conduct is 
        found in the United States.
    (c) Penalties.--Whoever violates this section shall be 
fined not more than $2,000,000 and shall be imprisoned for any 
term of years or for life.
    (d) Nonapplicability.--This section does not apply to--
            (1) the activities of armed forces during an armed 
        conflict, as those terms are understood under the law 
        of war, which are governed by that law; or
            (2) activities undertaken by military forces of a 
        state in the exercise of their official duties.
    (e) Definitions.--As used in this section, the term--
            (1) ``armed conflict'' has the meaning given that 
        term in section 2332f(e)(11) of this title;
            (2) ``device'' means:
                    (A) any nuclear explosive device; or
                    (B) any radioactive material dispersal or 
                radiation-emitting device that may, owing to 
                its radiological properties, cause death, 
                serious bodily injury or substantial damage to 
                property or the environment;
            (3) ``international organization'' has the meaning 
        given that term in section 831(f)(3) of this title;
            (4) ``military forces of a state'' means the armed 
        forces of a country that are organized, trained and 
        equipped under its internal law for the primary purpose 
        of national defense or security and persons acting in 
        support of those armed forces who are under their 
        formal command, control and responsibility;
            (5) ``national of the United States'' has the 
        meaning given that term in section 101(a)(22) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(22));
            (6) ``nuclear facility'' means:
                    (A) any nuclear reactor, including reactors 
                on vessels, vehicles, aircraft or space objects 
                for use as an energy source in order to propel 
                such vessels, vehicles, aircraft or space 
                objects or for any other purpose;
                    (B) any plant or conveyance being used for 
                the production, storage, processing or 
                transport of radioactive material; or
                    (C) a facility (including associated 
                buildings and equipment) in which nuclear 
                material is produced, processed, used, handled, 
                stored or disposed of, if damage to or 
                interference with such facility could lead to 
                the release of significant amounts of radiation 
                or radioactive material;
            (7) ``nuclear material'' has the meaning given that 
        term in section 831(f)(1) of this title;
            (8) ``radioactive material'' means nuclear material 
        and other radioactive substances that contain nuclides 
        that undergo spontaneous disintegration (a process 
        accompanied by emission of one or more types of 
        ionizing radiation, such as alpha-, beta-, neutron 
        particles and gamma rays) and that may, owing to their 
        radiological or fissile properties, cause death, 
        serious bodily injury or substantial damage to property 
        or to the environment;
            (9) ``serious bodily injury'' has the meaning given 
        that term in section 831(f)(4) of this title;
            (10) ``state'' has the same meaning as that term 
        has under international law, and includes all political 
        subdivisions thereof;
            (11) ``state or government facility'' has the 
        meaning given that term in section 2332f(e)(3) of this 
        title;
            (12) ``United States corporation or legal entity'' 
        means any corporation or other entity organized under 
        the laws of the United States or any State, 
        Commonwealth, territory, possession or district of the 
        United States;
            (13) ``vessel'' has the meaning given that term in 
        section 1502(19) of title 33; and
            (14) ``vessel of the United States'' has the 
        meaning given that term in section 70502 of title 46.

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