19–006 

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 legislamstockstill on DSK4VPTVN1PROD with HEARINGS

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tion 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) the 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) the 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) certain 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. 

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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. 

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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.’’ 

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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. § 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 crossreference 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. § 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 

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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 

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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. §§ 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). 

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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. § 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. 

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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. § 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 

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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. § 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. § 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, 

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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 

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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 

* * * * * * * 

§ 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; 

ø(3)¿ (4) knowingly— 

(A) * * * 

* * * * * * * 

ø(4)¿ (5) intentionally intimidates any person and thereby 

obtains nuclear material or nuclear byproduct material belonging to another; 

ø(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; 

ø(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; 

ø(7)¿ (8) attempts to commit øan offense under paragraph 

(1), (2), (3), or (4)¿ any act prohibited under paragraphs (1) 

through (5) of this subsection; or 

ø(8)¿ (9) is a party to a conspiracy of two or more persons 

to commit øan offense under paragraph (1), (2), (3), or (4)¿ any 

act prohibited under paragraphs (1) through (7) of this submstockstill on DSK4VPTVN1PROD with HEARINGS

13 

section, 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 ø(7)¿ (8) of subsection (a) of 

this section is— 

(A) * * * 

* * * * * * * 

(2) paragraph ø(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; øor¿ 

ø(5) either— 

ø(A) the governmental entity under subsection (a)(5) is 

the United States; or 

ø(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. 

ø(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. 

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ø(e)¿ (f)(1) * * * 

* * * * * * * 

ø(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)); øand¿ 

(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 Statesø.¿; 

(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 

* * * * * * * 

§ 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 øa 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 

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15 

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 øsection 2(c)¿ section 13(c) of the Norris-LaGuardia Act, as amended 

(29 U.S.C. 113(c)). 

ø(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. 

ø(e) DEFINITIONS.—In this section— 

ø‘‘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. 

ø‘‘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)). 

ø‘‘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. 

ø‘‘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. 

ø‘‘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; 

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(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 

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(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; 

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(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 

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purpose by the Secretary of Homeland Security, the Attorney General, or the Secretary of Defense. 

§ 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 NonProliferation 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 

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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 NonProliferation 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 NonProliferation 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— 

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(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. 

§ 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 øsection 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— 

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‘‘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. 

ø‘‘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)). 

ø‘‘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. 

ø‘‘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. 

§ 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. 

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(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. 

* * * * * * * 

§ 2332b. Acts of terrorism transcending national boundaries 

(a) * * * 

* * * * * * * 

(g) DEFINITIONS.—As used in this section— 

(1) * * * 

* * * * * * * 

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(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) ø2281¿ 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 

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vices), 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; 

* * * * * * * 

§ 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; 

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(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 radiationemitting 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 

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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. 

* * * * * * * 

Æ 

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