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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1318 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1318

  To amend title 18, United States Code, to provide for protection of 
maritime navigation and prevention of nuclear terrorism, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 13, 2015

Mr. Grassley (for himself and Mr. Whitehouse) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL

 
  To amend title 18, United States Code, to provide for protection of 
maritime navigation and prevention of nuclear terrorism, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nuclear Terrorism Conventions 
Implementation and Safety of Maritime Navigation Act of 2015''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
                 TITLE I--SAFETY OF MARITIME NAVIGATION

Sec. 101. Violence against maritime navigation.
Sec. 102. Violence against maritime fixed platforms.
Sec. 103. Wiretap predicates.
               TITLE II--PREVENTION OF NUCLEAR TERRORISM

Sec. 201. Acts of nuclear terrorism.
Sec. 202. Prohibited transactions involving nuclear materials.
Sec. 203. Ancillary measures.

                 TITLE I--SAFETY OF MARITIME NAVIGATION

SEC. 101. VIOLENCE AGAINST MARITIME NAVIGATION.

    Section 2280 of title 18, United States Code, is amended--
            (1) in the section heading, by inserting ``and maritime 
        transport involving weapons of mass destruction'' after 
        ``navigation'';
            (2) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``A person'' and inserting 
                        ``Subject to the exceptions listed in 
                        subsection (d), a person'';
                            (ii) by redesignating subparagraphs (G) and 
                        (H) as subparagraphs (J) and (K), respectively;
                            (iii) by inserting after subparagraph (F) 
                        the following:
                    ``(G) 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 other 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;
                    ``(H) 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;
                    ``(I) transports another person on board a ship 
                knowing that the person has committed an act that 
                constitutes an offense under subparagraphs (A) through 
                (H), (J), or (K) or an offense set forth in an 
                applicable treaty, as specified in subsection (g)(1), 
                and intending to assist that person to evade criminal 
                prosecution;'';
                            (iv) in subparagraph (J), as redesignated, 
                        by striking ``subparagraphs (A) through (F)'' 
                        and inserting ``subparagraphs (A) through (I), 
                        or paragraph (2), to the extent that the 
                        offense described in such paragraph pertains to 
                        subparagraph (G)''; and
                            (v) in subparagraph (K), as redesignated, 
                        by striking ``subparagraphs (A) through (G)'' 
                        and inserting ``any of subparagraphs (A) 
                        through (G) or subparagraph (J), or conspires 
                        to do any act prohibited under any of 
                        subparagraphs (A) through (J) or paragraph 
                        (2)''; and
                    (B) by amending paragraph (2) to read as follows:
            ``(2) Threats.--A person who threatens, with apparent 
        determination and will to carry the threat into execution--
                    ``(A) to do any act prohibited under subparagraph 
                (B), (C), or (E) of paragraph (1), if the threatened 
                act is likely to endanger the safe navigation of the 
                ship in question; or
                    ``(B) to do any act prohibited under paragraph 
                (1)(G),
        shall be fined under this title, imprisoned not more than 5 
        years, or both.'';
            (3) by striking subsection (e);
            (4) by redesignating subsections (b), (c), and (d) as 
        subsections (c), (e), and (f), respectively;
            (5) by inserting after subsection (a) the following:
    ``(b) Civil Forfeiture.--
            ``(1) In general.--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.--
                    ``(A) In general.--Except as provided under 
                subparagraph (B), seizures and forfeitures under this 
                subsection shall be governed by the provisions relating 
                to civil forfeitures set forth in chapter 46.
                    ``(B) Execution of duties.--In carrying out this 
                subsection, the duties 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.'';
            (6) in subsection (c)(1)(A), as redesignated--
                    (A) in clause (i), by striking ``a ship flying the 
                flag of the United States'' and inserting ``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)'';
                    (B) in clause (ii), by inserting ``, including the 
                territorial seas'' after ``in the United States''; and
                    (C) in clause (iii), by inserting ``, by a United 
                States corporation or legal entity,'' after ``by a 
                national of the United States'';
            (7) by inserting after subsection (c), as redesignated, the 
        following:
    ``(d) Exceptions.--This section shall not apply to--
            ``(1) 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.'';
            (8) in subsection (e), as redesignated--
                    (A) by inserting ``(except for offenses under 
                subparagraphs (G) through (K) of subsection (a)(1) or 
                under subsection (a)(2) if the predicate is an offense 
                under subparagraphs (G), (H), or (I) of subsection 
                (a)(1))'' after ``subsection (a)''; and
                    (B) by striking ``section 2(c)'' and inserting 
                ``section 13(c)'';
            (9) in subsection (f), as redesignated, by striking 
        ``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'' 
        and inserting ``subsection (a) 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, done at Rome March 10, 1988''; and
            (10) by adding at the end the following:
    ``(g) Definitions.--In this section and in section 2281:
            ``(1) Applicable treaty.--The term `applicable treaty' 
        means--
                    ``(A) the Convention for the Suppression of 
                Unlawful Seizure of Aircraft, done at The Hague 
                December 16, 1970;
                    ``(B) the Convention for the Suppression of 
                Unlawful Acts against the Safety of Civil Aviation, 
                done at Montreal September 23, 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 December 14, 
                1973;
                    ``(D) International Convention against the Taking 
                of Hostages, adopted by the General Assembly of the 
                United Nations December 17, 1979;
                    ``(E) the Convention on the Physical Protection of 
                Nuclear Material, done at Vienna October 26, 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 February 24, 1988;
                    ``(G) the Protocol for the Suppression of Unlawful 
                Acts against the Safety of Fixed Platforms Located on 
                the Continental Shelf, done at Rome March 10, 1988;
                    ``(H) International Convention for the Suppression 
                of Terrorist Bombings, adopted by the General Assembly 
                of the United Nations December 15, 1997; and
                    ``(I) International Convention for the Suppression 
                of the Financing of Terrorism, adopted by the General 
                Assembly of the United Nations December 9, 1999.
            ``(2) Armed conflict.--The term `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.--The term `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.--The term `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.--The term `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 materials.--The term `explosive materials' 
        has the meaning given the term in section 841(c) and includes 
        an explosive (as defined in section 844(j)).
            ``(7) Infrastructure facility.--The term `infrastructure 
        facility' has the meaning given the term in section 
        2332f(e)(5).
            ``(8) International organization.--The term `international 
        organization' has the meaning given the term in section 
        831(f)(3).
            ``(9) Military forces of a state.--The term `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.--The term `national 
        of the United States' has the meaning given the term in section 
        101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(22)).
            ``(11) Non-proliferation treaty.--The term `Non-
        Proliferation Treaty' means the Treaty on the Non-Proliferation 
        of Nuclear Weapons, done at Washington, London, and Moscow July 
        1, 1968.
            ``(12) Non-proliferation treaty state party.--The term 
        `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.--The term `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.--The term `place of public use' 
        has the meaning given the term in section 2332f(e)(6).
            ``(15) Precursor.--The term `precursor' has the meaning 
        given the term in section 229F(6)(A).
            ``(16) Public transportation system.--The term `public 
        transportation system' has the meaning given the term in 
        section 2332f(e)(7).
            ``(17) Serious injury or damage.--The term `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.--The term `ship'--
                    ``(A) means a vessel of any type whatsoever that is 
                not permanently attached to the sea-bed, including 
                dynamically supported craft, submersibles, or any other 
                floating craft; and
                    ``(B) 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; special fissionable material.--The 
        terms `source material' and `special fissionable material' have 
        the meanings given the terms in the International Atomic Energy 
        Agency Statute, done at New York October 26, 1956.
            ``(20) Territorial sea of the united states.--The term 
        `territorial sea of the United States' means all waters 
        extending seaward to 12 nautical miles from the baselines of 
        the United States, as determined in accordance with 
        international law.
            ``(21) Toxic chemical.--The term `toxic chemical' has the 
        meaning given the term in section 229F(8)(A).
            ``(22) Transport.--The term `transport' means to initiate, 
        arrange or exercise effective control, including decisionmaking 
        authority, over the movement of a person or item.
            ``(23) United states.--The term `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.''.

SEC. 102. VIOLENCE AGAINST MARITIME FIXED PLATFORMS.

    Section 2281 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by redesignating subparagraphs (E) and 
                        (F) as subparagraphs (F) and (G), respectively;
                            (ii) by inserting after subparagraph (D) 
                        the following:
                    ``(E) 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 
                        referred to in clause (i), in such quantity or 
                        concentration that causes or is likely to cause 
                        death or serious injury or damage;'';
                            (iii) in subparagraph (F), as redesignated, 
                        by striking ``(D)'' and inserting ``(E)''; and
                            (iv) in subparagraph (G), as redesignated, 
                        by striking ``(E)'' and inserting ``(F)''; and
                    (B) by amending paragraph (2) to read as follows:
            ``(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 subparagraph (B) or 
        (C) of paragraph (1), if the threatened act is likely to 
        endanger the safety of the fixed platform, or to do any act 
        prohibited under paragraph (1)(E), shall be fined under this 
        title, imprisoned not more than 5 years, or both.'';
            (2) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively;
            (3) by inserting after subsection (b) the following:
    ``(c) Exceptions.--This section shall not apply to--
            ``(1) 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.'';
            (4) in subsection (d), as redesignated--
                    (A) by inserting ``(except for offenses under 
                subparagraphs (E) through (G) of subsection (a)(1) or 
                under subsection (a)(2) if the predicate is an offense 
                under subsection (a)(1)(E))'' after ``subsection (a)''; 
                and
                    (B) by striking ``section 2(c)'' and inserting 
                ``section 13(c)''; and
            (5) in subsection (e), as redesignated--
                    (A) by striking ``Sea.'' and inserting ``Sea; 
                and''; and
                    (B) by striking ```national of the United States''' 
                and all that follows.

SEC. 103. WIRETAP PREDICATES.

    Section 2516(1) of title 18, United States Code, is amended--
            (1) in subparagraph (p), by striking ``or'' at the end; and
            (2) in subparagraph (q), by inserting ``, section 2280 or 
        2281 (relating to maritime safety),'' after ``weapons)''.

               TITLE II--PREVENTION OF NUCLEAR TERRORISM

SEC. 201. ACTS OF NUCLEAR TERRORISM.

    (a) In General.--Chapter 113B of title 18, United States Code, is 
amended by adding after section 2332h the following:
``Sec. 2332i. Acts of nuclear terrorism
    ``(a) Offenses.--
            ``(1) In general.--Any person who 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.--Any person who attempts 
        to commit an offense described in paragraph (1) or conspires to 
        commit an offense described in paragraph (1) or (2) shall be 
        punished as prescribed in subsection (c).
    ``(b) Jurisdiction.--Conduct prohibited under 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.--Any person who violates this section shall be 
punished as provided under section 2332a(a).
    ``(d) Nonapplicability.--This section does not apply to--
            ``(1) 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.--In this section:
            ``(1) Armed conflict.--The term `armed conflict' has the 
        meaning given the term in section 2332f(e)(11).
            ``(2) Device.--The term `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.--The term `international 
        organization' has the meaning given the term in section 
        831(f)(3).
            ``(4) Military forces of a state.--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.
            ``(5) National of the united states.--The term `national of 
        the United States' has the meaning given the term in section 
        101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(22)).
            ``(6) Nuclear facility.--The term `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.--The term `nuclear material' has 
        the meaning given the term in section 831(f)(1).
            ``(8) Radioactive material.--The term `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.--The term `serious bodily 
        injury' has the meaning given the term in section 831(f)(4).
            ``(10) State.--The term `state' has the meaning given the 
        term under international law, and includes all political 
        subdivisions of the state.
            ``(11) State or government facility.--The term `state or 
        government facility' has the meaning given the term in section 
        2332f(e)(3).
            ``(12) United states corporation or legal entity.--The term 
        `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.--The term `vessel' has the meaning given the 
        term in section 1502(19) of title 33.
            ``(14) Vessel of the united states.--The term `vessel of 
        the United States' has the meaning given the term in section 
        70502 of title 46.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 113B of title 18, United States Code, is amended by inserting 
after section 2332h the following:

``2332i. Acts of nuclear terrorism.''.
    (c) Disclaimer.--Nothing contained in this section is intended to 
affect the applicability of any other Federal or State law that might 
pertain to the underlying conduct.

SEC. 202. PROHIBITED TRANSACTIONS INVOLVING NUCLEAR MATERIALS.

    Section 831 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraphs (3) through (8) as 
                paragraphs (4) through (9), respectively;
                    (B) by inserting after paragraph (2) the following:
            ``(3) without lawful authority, intentionally carries, 
        sends or moves nuclear material into or out of a country;'';
                    (C) in paragraph (8), as redesignated, by striking 
                ``an offense under paragraph (1), (2), (3), or (4)'' 
                and inserting ``any act prohibited under paragraphs (1) 
                through (5)''; and
                    (D) in paragraph (9), as redesignated, by striking 
                ``an offense under paragraph (1), (2), (3), or (4)'' 
                and inserting ``any act prohibited under paragraphs (1) 
                through (7)'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``(7)'' and 
                inserting ``(8)''; and
                    (B) in paragraph (2), by striking ``(8)'' and 
                inserting ``(9)'';
            (3) in subsection (c)--
                    (A) in subparagraph (2)(A), by inserting ``or a 
                stateless person whose habitual residence is in the 
                United States'' after ``United States'';
                    (B) in paragraph (4), by striking ``or'' at the 
                end; and
                    (C) by striking paragraph (5) and inserting the 
                following:
            ``(5) the offense is committed outside the United States 
        and against any state or government facility of the United 
        States;
            ``(6) the offense is committed on board--
                    ``(A) 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
                    ``(B) an aircraft that is registered under United 
                States law at the time the offense is committed; 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.'';
            (4) by redesignating subsections (d), (e), and (f) as 
        subsections (e), (f), and (g), respectively;
            (5) by inserting after subsection (c) the following:
    ``(d) Nonapplicability.--This section shall not apply to--
            ``(1) 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.''; and
            (6) in subsection (g), as redesignated--
                    (A) by redesignating paragraphs (1), (2), (4), (5), 
                (6), and (7) as paragraphs (7), (6), (8), (2), (5), and 
                (11), respectively;
                    (B) by inserting before paragraph (2), as 
                redesignated, the following:
            ``(1) the term `armed conflict' has the meaning given the 
        term in section 2332f(e)(11);'';
                    (C) by inserting after paragraph (3) the following:
            ``(4) 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;'';
                    (D) in paragraph (5), as redesignated, by striking 
                ``and'' at the end;
                    (E) by inserting after paragraph (8), as 
                redesignated, the following:
            ``(9) the term `state' has the meaning given the term under 
        international law, and includes all political subdivisions 
        thereof;
            ``(10) the term `state or government facility' has the 
        meaning given the term in section 2332f(e)(3);'';
                    (F) in paragraph (11), as redesignated, by striking 
                the period at the end and inserting ``; and''; and
                    (G) by adding at the end the following:
            ``(12) the term `vessel of the United States' has the 
        meaning given the term in section 70502 of title 46.''.

SEC. 203. ANCILLARY MEASURES.

    (a) Federal Crime of Terrorism.--Section 2332b(g)(5)(B)(i) of title 
18, United States Code, is amended by inserting ``2332i (relating to 
acts of nuclear terrorism),'' after ``2332h (relating to radiological 
dispersal devices),''.
    (b) Providing Material Support to Terrorists Predicate.--Section 
2339A(a) of title 18, United States Code, is amended by inserting 
``2332i,'' after ``2332f,''.
    (c) Wiretap Predicates.--Section 2516(1)(q) of title 18, United 
States Code, as amended by section 103 of this Act, is further amended 
by inserting ``, 2332i,'' after ``2332h''.
                                 <all>
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