II 

Calendar No. 326 

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 

DECEMBER 15, 2015 

Reported by Mr. GRASSLEY, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Nuclear Terrorism 

5 Conventions Implementation and Safety of Maritime Navi6 gation Act of 2015’’. 


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1 SEC. 2. TABLE OF CONTENTS. 

2 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. 

3 TITLE I—SAFETY OF MARITIME 

4 NAVIGATION 

5 SEC. 101. VIOLENCE AGAINST MARITIME NAVIGATION. 

6 Section 2280 of title 18, United States Code, is 

7 amended— 

8 (1) in the section heading, by inserting ‘‘and 

9 maritime transport involving weapons of 

10 mass destruction’’ after ‘‘navigation’’; 

11 (2) in subsection (a)— 

12 (A) in paragraph (1)— 

13 (i) by striking ‘‘A person’’ and insert14 ing ‘‘Subject to the exceptions listed in 

15 subsection (d), a person’’; 

16 (ii) by redesignating subparagraphs 

17 (G) and (H) as subparagraphs (J) and 

18 (K), respectively; 


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1 (iii) by inserting after subparagraph 

2 (F) the following: 

3 ‘‘(G) when the purpose of the act, by its 

4 nature or context, is to intimidate a population, 

5 or to compel a government or an international 

6 organization to do or to abstain from doing any 

7 act— 

8 ‘‘(i) uses against or on a ship or dis9 charges from a ship any explosive or radio10 active material, biological, chemical, or nu11 clear weapon or other nuclear explosive de12 vice in a manner that causes or is likely to 

13 cause death to any person or serious injury 

14 or damage; 

15 ‘‘(ii) discharges from a ship oil, lique16 fied natural gas, or other hazardous or 

17 noxious substance that is not covered by 

18 clause (i), in such quantity or concentra19 tion that causes or is likely to cause death 

20 to any person or serious injury or damage; 

21 or 

22 ‘‘(iii) uses a ship in a manner that 

23 causes death to any person or serious in24 jury or damage; 

25 ‘‘(H) transports on board a ship— 


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1 ‘‘(i) any explosive or radioactive mate2 rial, knowing that it is intended to be used 

3 to cause, or in a threat to cause, death to 

4 any person or serious injury or damage for 

5 the purpose of intimidating a population, 

6 or compelling a government or an inter7 national organization to do or to abstain 

8 from doing any act; 

9 ‘‘(ii) any biological, chemical, or nu10 clear weapon or other nuclear explosive de11 vice, knowing it to be a biological, chem12 ical, or nuclear weapon or other nuclear 

13 explosive device; 

14 ‘‘(iii) any source material, special fis15 sionable material, or equipment or material 

16 especially designed or prepared for the 

17 processing, use, or production of special 

18 fissionable material, knowing that it is in19 tended to be used in a nuclear explosive ac20 tivity or in any other nuclear activity not 

21 under safeguards pursuant to an Inter22 national Atomic Energy Agency com23 prehensive safeguards agreement, except 

24 where— 


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1 ‘‘(I) such item is transported to 

2 or from the territory of, or otherwise 

3 under the control of, a Non-Prolifera4 tion Treaty State Party; and 

5 ‘‘(II) the resulting transfer or re6 ceipt (including internal to a country) 

7 is not contrary to the obligations 

8 under the Non-Proliferation Treaty of 

9 the Non-Proliferation Treaty State 

10 Party from which, to the territory of 

11 which, or otherwise under the control 

12 of which such item is transferred; 

13 ‘‘(iv) any equipment, materials, or 

14 software or related technology that signifi15 cantly contributes to the design or manu16 facture of a nuclear weapon or other nu17 clear explosive device, with the intention 

18 that it will be used for such purpose, ex19 cept where— 

20 ‘‘(I) the country to the territory 

21 of which or under the control of which 

22 such item is transferred is a Nuclear 

23 Weapon State Party to the Non-Pro24 liferation Treaty; and 


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1 ‘‘(II) the resulting transfer or re2 ceipt (including internal to a country) 

3 is not contrary to the obligations 

4 under the Non-Proliferation Treaty of 

5 a Non-Proliferation Treaty State 

6 Party from which, to the territory of 

7 which, or otherwise under the control 

8 of which such item is transferred; 

9 ‘‘(v) any equipment, materials, or 

10 software or related technology that signifi11 cantly contributes to the delivery of a nu12 clear weapon or other nuclear explosive de13 vice, with the intention that it will be used 

14 for such purpose, except where— 

15 ‘‘(I) such item is transported to 

16 or from the territory of, or otherwise 

17 under the control of, a Non-Prolifera18 tion Treaty State Party; and 

19 ‘‘(II) such item is intended for 

20 the delivery system of a nuclear weap21 on or other nuclear explosive device of 

22 a Nuclear Weapon State Party to the 

23 Non-Proliferation Treaty; or 

24 ‘‘(vi) any equipment, materials, or 

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1 cantly contributes to the design, manufac2 ture, or delivery of a biological or chemical 

3 weapon, with the intention that it will be 

4 used for such purpose; 

5 ‘‘(I) transports another person on board a 

6 ship knowing that the person has committed an 

7 act that constitutes an offense under subpara8 graphs (A) through (H), (J), or (K) or an of9 fense set forth in an applicable treaty, as speci10 fied in subsection (g)(1), and intending to assist 

11 that person to evade criminal prosecution;’’; 

12 (iv) in subparagraph (J), as redesig13 nated, by striking ‘‘subparagraphs (A) 

14 through (F)’’ and inserting ‘‘subpara15 graphs (A) through (I), or paragraph (2), 

16 to the extent that the offense described in 

17 such paragraph pertains to subparagraph 

18 (G)’’; and 

19 (v) in subparagraph (K), as redesig20 nated, by striking ‘‘subparagraphs (A) 

21 through (G)’’ and inserting ‘‘any of sub22 paragraphs (A) through (G) or subpara23 graph (J), or conspires to do any act pro24 hibited under any of subparagraphs (A) 

25 through (J) or paragraph (2)’’; and 


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1 (B) by amending paragraph (2) to read as 

2 follows: 

3 ‘‘(2) THREATS.—A person who threatens, with 

4 apparent determination and will to carry the threat 

5 into execution— 

6 ‘‘(A) to do any act prohibited under sub7 paragraph (B), (C), or (E) of paragraph (1), if 

8 the threatened act is likely to endanger the safe 

9 navigation of the ship in question; or 

10 ‘‘(B) to do any act prohibited under para11 graph (1)(G), 

12 shall be fined under this title, imprisoned not more 

13 than 5 years, or both.’’; 

14 (3) by striking subsection (e); 

15 (4) by redesignating subsections (b), (c), and 

16 (d) as subsections (c), (e), and (f), respectively; 

17 (5) by inserting after subsection (a) the fol18 lowing: 

19 ‘‘(b) CIVIL FORFEITURE.— 

20 ‘‘(1) IN GENERAL.—Any real or personal prop21 erty used or intended to be used to commit or to fa22 cilitate the commission of a violation of this section, 

23 the gross proceeds of such violation, and any real or 

24 personal property traceable to such property or pro25 ceeds, shall be subject to forfeiture. 


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1 ‘‘(2) APPLICABLE PROCEDURES.— 

2 ‘‘(A) IN GENERAL.—Except as provided 

3 under subparagraph (B), seizures and forfeit4 ures under this subsection shall be governed by 

5 the provisions relating to civil forfeitures set 

6 forth in chapter 46. 

7 ‘‘(B) EXECUTION OF DUTIES.—In carrying 

8 out this subsection, the duties imposed upon the 

9 Secretary of the Treasury under the customs 

10 laws described in section 981(d) shall be per11 formed by such officers, agents, and other per12 sons as may be designated for that purpose by 

13 the Secretary of Homeland Security, the Attor14 ney General, or the Secretary of Defense.’’; 

15 (6) in subsection (c)(1)(A), as redesignated— 

16 (A) in clause (i), by striking ‘‘a ship flying 

17 the flag of the United States’’ and inserting ‘‘a 

18 vessel of the United States or a vessel subject 

19 to the jurisdiction of the United States (as de20 fined in section 70502 of title 46)’’; 

21 (B) in clause (ii), by inserting ‘‘, including 

22 the territorial seas’’ after ‘‘in the United 

23 States’’; and 


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1 (C) in clause (iii), by inserting ‘‘, by a 

2 United States corporation or legal entity,’’ after 

3 ‘‘by a national of the United States’’; 

4 (7) by inserting after subsection (c), as redesig5 nated, the following: 

6 ‘‘(d) EXCEPTIONS.—This section shall not apply to— 

7 ‘‘(1) activities of armed forces during an armed 

8 conflict, as those terms are understood under the 

9 law of war, which are governed by that law; or 

10 ‘‘(2) activities undertaken by military forces of 

11 a state in the exercise of their official duties.’’; 

12 (8) in subsection (e), as redesignated— 

13 (A) by inserting ‘‘(except for offenses 

14 under subparagraphs (G) through (K) of sub15 section (a)(1) or under subsection (a)(2) if the 

16 predicate is an offense under subparagraphs 

17 (G), (H), or (I) of subsection (a)(1))’’ after 

18 ‘‘subsection (a)’’; and 

19 (B) by striking ‘‘section 2(c)’’ and insert20 ing ‘‘section 13(c)’’; 

21 (9) in subsection (f), as redesignated, by strik22 ing ‘‘Article 3 of the Convention for the Suppression 

23 of Unlawful Acts Against the Safety of Maritime 

24 Navigation may deliver such person to the authori25 ties of a State Party to that Convention’’ and insertVerDate Sep 11 2014 22:00 Dec 15, 2015 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6401 E:\BILLS\S1318.RS S1318

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1 ing ‘‘subsection (a) may deliver such person to the 

2 authorities of a country that is a party to the Con3 vention for the Suppression of Unlawful Acts 

4 Against the Safety of Maritime Navigation, done at 

5 Rome March 10, 1988’’; and 

6 (10) by adding at the end the following: 

7 ‘‘(g) DEFINITIONS.—In this section and in section 

8 2281: 

9 ‘‘(1) APPLICABLE TREATY.—The term ‘applica10 ble treaty’ means— 

11 ‘‘(A) the Convention for the Suppression of 

12 Unlawful Seizure of Aircraft, done at The 

13 Hague December 16, 1970; 

14 ‘‘(B) the Convention for the Suppression of 

15 Unlawful Acts against the Safety of Civil Avia16 tion, done at Montreal September 23, 1971; 

17 ‘‘(C) the Convention on the Prevention and 

18 Punishment of Crimes against Internationally 

19 Protected Persons, including Diplomatic 

20 Agents, adopted by the General Assembly of the 

21 United Nations December 14, 1973; 

22 ‘‘(D) International Convention against the 

23 Taking of Hostages, adopted by the General 

24 Assembly of the United Nations December 17, 

25 1979; 


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1 ‘‘(E) the Convention on the Physical Pro2 tection of Nuclear Material, done at Vienna Oc3 tober 26, 1979; 

4 ‘‘(F) the Protocol for the Suppression of 

5 Unlawful Acts of Violence at Airports Serving 

6 International Civil Aviation, supplementary to 

7 the Convention for the Suppression of Unlawful 

8 Acts against the Safety of Civil Aviation, done 

9 at Montreal February 24, 1988; 

10 ‘‘(G) the Protocol for the Suppression of 

11 Unlawful Acts against the Safety of Fixed Plat12 forms Located on the Continental Shelf, done 

13 at Rome March 10, 1988; 

14 ‘‘(H) International Convention for the 

15 Suppression of Terrorist Bombings, adopted by 

16 the General Assembly of the United Nations 

17 December 15, 1997; and 

18 ‘‘(I) International Convention for the Sup19 pression of the Financing of Terrorism, adopted 

20 by the General Assembly of the United Nations 

21 December 9, 1999. 

22 ‘‘(2) ARMED CONFLICT.—The term ‘armed con23 flict’ does not include internal disturbances and ten24 sions, such as riots, isolated and sporadic acts of vi25 olence, and other acts of a similar nature. 


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1 ‘‘(3) BIOLOGICAL WEAPON.—The term ‘biologi2 cal weapon’ means— 

3 ‘‘(A) microbial or other biological agents, 

4 or toxins whatever their origin or method of 

5 production, of types and in quantities that have 

6 no justification for prophylactic, protective, or 

7 other peaceful purposes; or 

8 ‘‘(B) weapons, equipment, or means of de9 livery designed to use such agents or toxins for 

10 hostile purposes or in armed conflict. 

11 ‘‘(4) CHEMICAL WEAPON.—The term ‘chemical 

12 weapon’ means, together or separately— 

13 ‘‘(A) toxic chemicals and their precursors, 

14 except where intended for— 

15 ‘‘(i) industrial, agricultural, research, 

16 medical, pharmaceutical, or other peaceful 

17 purposes; 

18 ‘‘(ii) protective purposes, namely those 

19 purposes directly related to protection 

20 against toxic chemicals and to protection 

21 against chemical weapons; 

22 ‘‘(iii) military purposes not connected 

23 with the use of chemical weapons and not 

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1 erties of chemicals as a method of warfare; 

2 or 

3 ‘‘(iv) law enforcement, including do4 mestic riot control purposes, 

5 as long as the types and quantities are con6 sistent with such purposes; 

7 ‘‘(B) munitions and devices, specifically de8 signed to cause death or other harm through 

9 the toxic properties of those toxic chemicals 

10 specified in subparagraph (A), which would be 

11 released as a result of the employment of such 

12 munitions and devices; and 

13 ‘‘(C) any equipment specifically designed 

14 for use directly in connection with the employ15 ment of munitions and devices specified in sub16 paragraph (B). 

17 ‘‘(5) COVERED SHIP.—The term ‘covered ship’ 

18 means a ship that is navigating or is scheduled to 

19 navigate into, through or from waters beyond the 

20 outer limit of the territorial sea of a single country 

21 or a lateral limit of that country’s territorial sea 

22 with an adjacent country. 

23 ‘‘(6) EXPLOSIVE MATERIALS.—The term ‘explo24 sive materials’ has the meaning given the term in 


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1 section 841(c) and includes an explosive (as defined 

2 in section 844(j)). 

3 ‘‘(7) INFRASTRUCTURE FACILITY.—The term 

4 ‘infrastructure facility’ has the meaning given the 

5 term in section 2332f(e)(5). 

6 ‘‘(8) INTERNATIONAL ORGANIZATION.—The 

7 term ‘international organization’ has the meaning 

8 given the term in section 831(f)(3). 

9 ‘‘(9) MILITARY FORCES OF A STATE.—The 

10 term ‘military forces of a state’ means the armed 

11 forces of a state which are organized, trained, and 

12 equipped under its internal law for the primary pur13 pose of national defense or security, and persons 

14 acting in support of those armed forces who are 

15 under their formal command, control, and responsi16 bility. 

17 ‘‘(10) NATIONAL OF THE UNITED STATES.— 

18 The term ‘national of the United States’ has the 

19 meaning given the term in section 101(a)(22) of the 

20 Immigration and Nationality Act (8 U.S.C. 

21 1101(a)(22)). 

22 ‘‘(11) NON-PROLIFERATION TREATY.—The 

23 term ‘Non-Proliferation Treaty’ means the Treaty 

24 on the Non-Proliferation of Nuclear Weapons, done 

25 at Washington, London, and Moscow July 1, 1968. 


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1 ‘‘(12) NON-PROLIFERATION TREATY STATE

2 PARTY.—The term ‘Non-Proliferation Treaty State 

3 Party’ means any State Party to the Non-Prolifera4 tion Treaty, to include Taiwan, which shall be con5 sidered to have the obligations under the Non-Pro6 liferation Treaty of a party to that treaty other than 

7 a Nuclear Weapon State Party to the Non-Prolifera8 tion Treaty. 

9 ‘‘(13) NUCLEAR WEAPON STATE PARTY TO THE

10 NON-PROLIFERATION TREATY.—The term ‘Nuclear 

11 Weapon State Party to the Non-Proliferation Trea12 ty’ means a State Party to the Non-Proliferation 

13 Treaty that is a nuclear-weapon State, as that term 

14 is defined in Article IX(3) of the Non-Proliferation 

15 Treaty. 

16 ‘‘(14) PLACE OF PUBLIC USE.—The term ‘place 

17 of public use’ has the meaning given the term in sec18 tion 2332f(e)(6). 

19 ‘‘(15) PRECURSOR.—The term ‘precursor’ has 

20 the meaning given the term in section 229F(6)(A). 

21 ‘‘(16) PUBLIC TRANSPORTATION SYSTEM.—The 

22 term ‘public transportation system’ has the meaning 

23 given the term in section 2332f(e)(7). 

24 ‘‘(17) SERIOUS INJURY OR DAMAGE.—The term 

25 ‘serious injury or damage’ means— 


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1 ‘‘(A) serious bodily injury; 

2 ‘‘(B) extensive destruction of a place of 

3 public use, State or government facility, infra4 structure facility, or public transportation sys5 tem, resulting in major economic loss; or 

6 ‘‘(C) substantial damage to the environ7 ment, including air, soil, water, fauna, or flora. 

8 ‘‘(18) SHIP.—The term ‘ship’— 

9 ‘‘(A) means a vessel of any type whatso10 ever that is not permanently attached to the 

11 sea-bed, including dynamically supported craft, 

12 submersibles, or any other floating craft; and 

13 ‘‘(B) does not include a warship, a ship 

14 owned or operated by a government when being 

15 used as a naval auxiliary or for customs or po16 lice purposes, or a ship which has been with17 drawn from navigation or laid up. 

18 ‘‘(19) SOURCE MATERIAL; SPECIAL FISSION19 ABLE MATERIAL.—The terms ‘source material’ and 

20 ‘special fissionable material’ have the meanings 

21 given the terms in the International Atomic Energy 

22 Agency Statute, done at New York October 26, 

23 1956. 

24 ‘‘(20) TERRITORIAL SEA OF THE UNITED

25 STATES.—The term ‘territorial sea of the United 


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1 States’ means all waters extending seaward to 12 

2 nautical miles from the baselines of the United 

3 States, as determined in accordance with inter4 national law. 

5 ‘‘(21) TOXIC CHEMICAL.—The term ‘toxic 

6 chemical’ has the meaning given the term in section 

7 229F(8)(A). 

8 ‘‘(22) TRANSPORT.—The term ‘transport’ 

9 means to initiate, arrange or exercise effective con10 trol, including decisionmaking authority, over the 

11 movement of a person or item. 

12 ‘‘(23) UNITED STATES.—The term ‘United 

13 States’, when used in a geographical sense, includes 

14 the Commonwealth of Puerto Rico, the Common15 wealth of the Northern Mariana Islands, and all ter16 ritories and possessions of the United States.’’. 

17 SEC. 102. VIOLENCE AGAINST MARITIME FIXED PLAT18 FORMS. 

19 Section 2281 of title 18, United States Code, is 

20 amended— 

21 (1) in subsection (a)— 

22 (A) in paragraph (1)— 

23 (i) by redesignating subparagraphs 

24 (E) and (F) as subparagraphs (F) and 

25 (G), respectively; 


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1 (ii) by inserting after subparagraph 

2 (D) the following: 

3 ‘‘(E) when the purpose of the act, by its 

4 nature or context, is to intimidate a population, 

5 or to compel a government or an international 

6 organization to do or to abstain from doing any 

7 act— 

8 ‘‘(i) uses against or on a fixed plat9 form or discharges from a fixed platform 

10 any explosive or radioactive material, bio11 logical, chemical, or nuclear weapon in a 

12 manner that causes or is likely to cause 

13 death or serious injury or damage; or 

14 ‘‘(ii) discharges from a fixed platform 

15 oil, liquefied natural gas, or another haz16 ardous or noxious substance that is not re17 ferred to in clause (i), in such quantity or 

18 concentration that causes or is likely to 

19 cause death or serious injury or damage;’’; 

20 (iii) in subparagraph (F), as redesig21 nated, by striking ‘‘(D)’’ and inserting 

22 ‘‘(E)’’; and 

23 (iv) in subparagraph (G), as redesig24 nated, by striking ‘‘(E)’’ and inserting 

25 ‘‘(F)’’; and 


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1 (B) by amending paragraph (2) to read as 

2 follows: 

3 ‘‘(2) THREAT TO SAFETY.—A person who 

4 threatens, with apparent determination and will to 

5 carry the threat into execution, to do any act prohib6 ited under subparagraph (B) or (C) of paragraph 

7 (1), if the threatened act is likely to endanger the 

8 safety of the fixed platform, or to do any act prohib9 ited under paragraph (1)(E), shall be fined under 

10 this title, imprisoned not more than 5 years, or 

11 both.’’; 

12 (2) by redesignating subsections (c) and (d) as 

13 subsections (d) and (e), respectively; 

14 (3) by inserting after subsection (b) the fol15 lowing: 

16 ‘‘(c) EXCEPTIONS.—This section shall not apply to— 

17 ‘‘(1) activities of armed forces during an armed 

18 conflict, as those terms are understood under the 

19 law of war, which are governed by that law; or 

20 ‘‘(2) activities undertaken by military forces of 

21 a state in the exercise of their official duties.’’; 

22 (4) in subsection (d), as redesignated— 

23 (A) by inserting ‘‘(except for offenses 

24 under subparagraphs (E) through (G) of sub25 section (a)(1) or under subsection (a)(2) if the 


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1 predicate is an offense under subsection 

2 (a)(1)(E))’’ after ‘‘subsection (a)’’; and 

3 (B) by striking ‘‘section 2(c)’’ and insert4 ing ‘‘section 13(c)’’; and 

5 (5) in subsection (e), as redesignated— 

6 (A) by striking ‘‘Sea.’’ and inserting ‘‘Sea; 

7 and’’; and 

8 (B) by striking ‘‘ ‘national of the United 

9 States’ ’’ and all that follows. 

10 SEC. 103. WIRETAP PREDICATES. 

11 Section 2516(1) of title 18, United States Code, is 

12 amended— 

13 (1) in subparagraph (p), by striking ‘‘or’’ at the 

14 end; and 

15 (2) in subparagraph (q), by inserting ‘‘, section 

16 2280 or 2281 (relating to maritime safety),’’ after 

17 ‘‘weapons)’’. 

18 TITLE II—PREVENTION OF 

19 NUCLEAR TERRORISM 

20 SEC. 201. ACTS OF NUCLEAR TERRORISM. 

21 (a) IN GENERAL.—Chapter 113B of title 18, United 

22 States Code, is amended by adding after section 2332h 

23 the following: 

24 ‘‘§ 2332i. Acts of nuclear terrorism 

25 ‘‘(a) OFFENSES.— 


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1 ‘‘(1) IN GENERAL.—Any person who knowingly 

2 and unlawfully— 

3 ‘‘(A) possesses radioactive material or 

4 makes or possesses a device— 

5 ‘‘(i) with the intent to cause death or 

6 serious bodily injury; or 

7 ‘‘(ii) with the intent to cause substan8 tial damage to property or the environ9 ment; or 

10 ‘‘(B) uses in any way radioactive material 

11 or a device, or uses or damages or interferes 

12 with the operation of a nuclear facility in a 

13 manner that causes the release of or increases 

14 the risk of the release of radioactive material, 

15 or causes radioactive contamination or exposure 

16 to radiation— 

17 ‘‘(i) with the intent to cause death or 

18 serious bodily injury or with the knowledge 

19 that such act is likely to cause death or se20 rious bodily injury; 

21 ‘‘(ii) with the intent to cause substan22 tial damage to property or the environment 

23 or with the knowledge that such act is like24 ly to cause substantial damage to property 

25 or the environment; or 


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1 ‘‘(iii) with the intent to compel a per2 son, an international organization, or a 

3 country to do or refrain from doing an act, 

4 shall be punished as prescribed in subsection 

5 (c). 

6 ‘‘(2) THREATS.—Whoever, under circumstances 

7 in which the threat may reasonably be believed, 

8 threatens to commit an offense under paragraph (1) 

9 shall be punished as prescribed in subsection (c). 

10 Whoever demands possession of or access to radio11 active material, a device or a nuclear facility by 

12 threat or by use of force shall be punished as pre13 scribed in subsection (c). 

14 ‘‘(3) ATTEMPTS AND CONSPIRACIES.—Any per15 son who attempts to commit an offense described in 

16 paragraph (1) or conspires to commit an offense de17 scribed in paragraph (1) or (2) shall be punished as 

18 prescribed in subsection (c). 

19 ‘‘(b) JURISDICTION.—Conduct prohibited under sub20 section (a) is within the jurisdiction of the United States 

21 if— 

22 ‘‘(1) the prohibited conduct takes place in the 

23 United States or the special aircraft jurisdiction of 

24 the United States; 


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1 ‘‘(2) the prohibited conduct takes place outside 

2 of the United States and— 

3 ‘‘(A) is committed by a national of the 

4 United States, a United States corporation or 

5 legal entity, or a stateless person whose habit6 ual residence is in the United States; 

7 ‘‘(B) is committed on board a vessel of the 

8 United States or a vessel subject to the jurisdic9 tion of the United States (as defined in section 

10 70502 of title 46) or on board an aircraft that 

11 is registered under United States law, at the 

12 time the offense is committed; or 

13 ‘‘(C) is committed in an attempt to compel 

14 the United States to do or abstain from doing 

15 any act, or constitutes a threat directed at the 

16 United States; 

17 ‘‘(3) the prohibited conduct takes place outside 

18 of the United States and a victim or an intended vic19 tim is a national of the United States or a United 

20 States corporation or legal entity, or the offense is 

21 committed against any state or government facility 

22 of the United States; or 

23 ‘‘(4) a perpetrator of the prohibited conduct is 

24 found in the United States. 


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1 ‘‘(c) PENALTIES.—Any person who violates this sec2 tion shall be punished as provided under section 2332a(a). 

3 ‘‘(d) NONAPPLICABILITY.—This section does not 

4 apply to— 

5 ‘‘(1) activities of armed forces during an armed 

6 conflict, as those terms are understood under the 

7 law of war, which are governed by that law; or 

8 ‘‘(2) activities undertaken by military forces of 

9 a state in the exercise of their official duties. 

10 ‘‘(e) DEFINITIONS.—In this section: 

11 ‘‘(1) ARMED CONFLICT.—The term ‘armed con12 flict’ has the meaning given the term in section 

13 2332f(e)(11). 

14 ‘‘(2) DEVICE.—The term ‘device’ means— 

15 ‘‘(A) any nuclear explosive device; or 

16 ‘‘(B) any radioactive material dispersal or 

17 radiation-emitting device that may, owing to its 

18 radiological properties, cause death, serious 

19 bodily injury, or substantial damage to property 

20 or the environment. 

21 ‘‘(3) INTERNATIONAL ORGANIZATION.—The 

22 term ‘international organization’ has the meaning 

23 given the term in section 831(f)(3). 

24 ‘‘(4) MILITARY FORCES OF A STATE.—The 

25 term ‘military forces of a state’ means the armed 


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1 forces of a country that are organized, trained and 

2 equipped under its internal law for the primary pur3 pose of national defense or security and persons act4 ing in support of those armed forces who are under 

5 their formal command, control and responsibility. 

6 ‘‘(5) NATIONAL OF THE UNITED STATES.—The 

7 term ‘national of the United States’ has the meaning 

8 given the term in section 101(a)(22) of the Immi9 gration and Nationality Act (8 U.S.C. 1101(a)(22)). 

10 ‘‘(6) NUCLEAR FACILITY.—The term ‘nuclear 

11 facility’ means— 

12 ‘‘(A) any nuclear reactor, including reac13 tors on vessels, vehicles, aircraft or space ob14 jects for use as an energy source in order to 

15 propel such vessels, vehicles, aircraft or space 

16 objects or for any other purpose; 

17 ‘‘(B) any plant or conveyance being used 

18 for the production, storage, processing or trans19 port of radioactive material; or 

20 ‘‘(C) a facility (including associated build21 ings and equipment) in which nuclear material 

22 is produced, processed, used, handled, stored or 

23 disposed of, if damage to or interference with 

24 such facility could lead to the release of signifiVerDate Sep 11 2014 22:00 Dec 15, 2015 Jkt 059200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6401 E:\BILLS\S1318.RS S1318

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1 cant amounts of radiation or radioactive mate2 rial. 

3 ‘‘(7) NUCLEAR MATERIAL.—The term ‘nuclear 

4 material’ has the meaning given the term in section 

5 831(f)(1). 

6 ‘‘(8) RADIOACTIVE MATERIAL.—The term ‘ra7 dioactive material’ means nuclear material and other 

8 radioactive substances that contain nuclides that un9 dergo spontaneous disintegration (a process accom10 panied by emission of one or more types of ionizing 

11 radiation, such as alpha-, beta-, neutron particles 

12 and gamma rays) and that may, owing to their radi13 ological or fissile properties, cause death, serious 

14 bodily injury or substantial damage to property or to 

15 the environment. 

16 ‘‘(9) SERIOUS BODILY INJURY.—The term ‘seri17 ous bodily injury’ has the meaning given the term in 

18 section 831(f)(4). 

19 ‘‘(10) STATE.—The term ‘state’ has the mean20 ing given the term under international law, and in21 cludes all political subdivisions of the state. 

22 ‘‘(11) STATE OR GOVERNMENT FACILITY.—The 

23 term ‘state or government facility’ has the meaning 

24 given the term in section 2332f(e)(3). 


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1 ‘‘(12) UNITED STATES CORPORATION OR LEGAL

2 ENTITY.—The term ‘United States corporation or 

3 legal entity’ means any corporation or other entity 

4 organized under the laws of the United States or 

5 any State, Commonwealth, territory, possession or 

6 district of the United States. 

7 ‘‘(13) VESSEL.—The term ‘vessel’ has the 

8 meaning given the term in section 1502(19) of title 

9 33. 

10 ‘‘(14) VESSEL OF THE UNITED STATES.—The 

11 term ‘vessel of the United States’ has the meaning 

12 given the term in section 70502 of title 46.’’. 

13 (b) CLERICAL AMENDMENT.—The table of sections 

14 at the beginning of chapter 113B of title 18, United 

15 States Code, is amended by inserting after section 2332h 

16 the following: 

‘‘2332i. Acts of nuclear terrorism.’’. 

17 (c) DISCLAIMER.—Nothing contained in this section 

18 is intended to affect the applicability of any other Federal 

19 or State law that might pertain to the underlying conduct. 

20 SEC. 202. PROHIBITED TRANSACTIONS INVOLVING NU21 CLEAR MATERIALS. 

22 Section 831 of title 18, United States Code, is 

23 amended— 

24 (1) in subsection (a)— 


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1 (A) by redesignating paragraphs (3) 

2 through (8) as paragraphs (4) through (9), re3 spectively; 

4 (B) by inserting after paragraph (2) the 

5 following: 

6 ‘‘(3) without lawful authority, intentionally car7 ries, sends or moves nuclear material into or out of 

8 a country;’’; 

9 (C) in paragraph (8), as redesignated, by 

10 striking ‘‘an offense under paragraph (1), (2), 

11 (3), or (4)’’ and inserting ‘‘any act prohibited 

12 under paragraphs (1) through (5)’’; and 

13 (D) in paragraph (9), as redesignated, by 

14 striking ‘‘an offense under paragraph (1), (2), 

15 (3), or (4)’’ and inserting ‘‘any act prohibited 

16 under paragraphs (1) through (7)’’; 

17 (2) in subsection (b)— 

18 (A) in paragraph (1), by striking ‘‘(7)’’ 

19 and inserting ‘‘(8)’’; and 

20 (B) in paragraph (2), by striking ‘‘(8)’’ 

21 and inserting ‘‘(9)’’; 

22 (3) in subsection (c)— 

23 (A) in subparagraph (2)(A), by inserting 

24 ‘‘or a stateless person whose habitual residence 

25 is in the United States’’ after ‘‘United States’’; 


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1 (B) in paragraph (4), by striking ‘‘or’’ at 

2 the end; and 

3 (C) by striking paragraph (5) and insert4 ing the following: 

5 ‘‘(5) the offense is committed outside the 

6 United States and against any state or government 

7 facility of the United States; 

8 ‘‘(6) the offense is committed on board— 

9 ‘‘(A) a vessel of the United States or a ves10 sel subject to the jurisdiction of the United 

11 States (as defined in section 70502 of title 46); 

12 or 

13 ‘‘(B) an aircraft that is registered under 

14 United States law at the time the offense is 

15 committed; or 

16 ‘‘(7) the offense is committed in an attempt to 

17 compel the United States to do or abstain from 

18 doing any act, or constitutes a threat directed at the 

19 United States.’’; 

20 (4) by redesignating subsections (d), (e), and 

21 (f) as subsections (e), (f), and (g), respectively; 

22 (5) by inserting after subsection (c) the fol23 lowing: 

24 ‘‘(d) NONAPPLICABILITY.—This section shall not 

25 apply to— 


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1 ‘‘(1) activities of armed forces during an armed 

2 conflict, as those terms are understood under the 

3 law of war, which are governed by that law; or 

4 ‘‘(2) activities undertaken by military forces of 

5 a state in the exercise of their official duties.’’; and 

6 (6) in subsection (g), as redesignated— 

7 (A) by redesignating paragraphs (1), (2), 

8 (4), (5), (6), and (7) as paragraphs (7), (6), 

9 (8), (2), (5), and (11), respectively; 

10 (B) by inserting before paragraph (2), as 

11 redesignated, the following: 

12 ‘‘(1) the term ‘armed conflict’ has the meaning 

13 given the term in section 2332f(e)(11);’’; 

14 (C) by inserting after paragraph (3) the 

15 following: 

16 ‘‘(4) the term ‘military forces of a state’ means 

17 the armed forces of a country that are organized, 

18 trained and equipped under its internal law for the 

19 primary purpose of national defense or security and 

20 persons acting in support of those armed forces who 

21 are under their formal command, control and re22 sponsibility;’’; 

23 (D) in paragraph (5), as redesignated, by 

24 striking ‘‘and’’ at the end; 


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1 (E) by inserting after paragraph (8), as re2 designated, the following: 

3 ‘‘(9) the term ‘state’ has the meaning given the 

4 term under international law, and includes all polit5 ical subdivisions thereof; 

6 ‘‘(10) the term ‘state or government facility’ 

7 has the meaning given the term in section 

8 2332f(e)(3);’’; 

9 (F) in paragraph (11), as redesignated, by 

10 striking the period at the end and inserting ‘‘; 

11 and’’; and 

12 (G) by adding at the end the following: 

13 ‘‘(12) the term ‘vessel of the United States’ has 

14 the meaning given the term in section 70502 of title 

15 46.’’. 

16 SEC. 203. ANCILLARY MEASURES. 

17 (a) FEDERAL CRIME OF TERRORISM.—Section 

18 2332b(g)(5)(B)(i) of title 18, United States Code, is 

19 amended by inserting ‘‘2332i (relating to acts of nuclear 

20 terrorism),’’ after ‘‘2332h (relating to radiological dis21 persal devices),’’. 

22 (b) PROVIDING MATERIAL SUPPORT TO TERRORISTS

23 PREDICATE.—Section 2339A(a) of title 18, United States 

24 Code, is amended by inserting ‘‘2332i,’’ after ‘‘2332f,’’. 


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1 (c) WIRETAP PREDICATES.—Section 2516(1)(q) of 

2 title 18, United States Code, as amended by section 103 

3 of this Act, is further amended by inserting ‘‘, 2332i,’’ 

4 after ‘‘2332h’’. 

5 SECTION 1. SHORT TITLE. 

6 This Act may be cited as the ‘‘Nuclear Terrorism Con7 ventions Implementation and Safety of Maritime Naviga8 tion Act of 2015’’. 

9 SEC. 2. PENALTIES FOR MARITIME OFFENSES. 

10 (a) PENALTIES FOR VIOLENCE AGAINST MARITIME

11 NAVIGATION.—Section 2280a(a)(1) of title 18, United 

12 States Code, is amended, in the undesignated matter fol13 lowing subparagraph (E), by inserting ‘‘punished by death 

14 or’’ before ‘‘imprisoned for any term’’. 

15 (b) PENALTIES FOR OFFENSES AGAINST MARITIME

16 FIXED PLATFORMS.—Section 2281a(a)(1) of such title is 

17 amended, in the undesignated matter following subpara18 graph (C), by inserting ‘‘punished by death or’’ before ‘‘im19 prisoned for any term’’. 

20 SEC. 3. PENALTIES FOR ACTS OF NUCLEAR TERRORISM. 

21 Section 2332i(c) of title 18, United States Code, is 

22 amended to read as follows: 

23 ‘‘(c) PENALTIES.—Any person who violates this section 

24 shall be punished as provided under section 2332a(a).’’. 


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1 SEC. 4. PROVIDING MATERIAL SUPPORT TO TERRORISTS 

2 PREDICATES. 

3 (a) MARITIME OFFENSES.—Section 2339A(a) of title 

4 18, United States Code, is amended— 

5 (1) by inserting ‘‘2280a,’’ after ‘‘2280,’’; and 

6 (2) by inserting ‘‘2281a,’’ after ‘‘2281,’’. 

7 (b) ACTS OF NUCLEAR TERRORISM.—Section 

8 2339A(a) of such title, as amended by subsection (a), is fur9 ther amended by inserting ‘‘2332i,’’ after ‘‘2332f,’’. 

10 SEC. 5. WIRETAP AUTHORIZATION PREDICATES. 

11 (a) MARITIME OFFENSES.—Section 2516(1) of title 18, 

12 United States Code, is amended— 

13 (1) in paragraph (p), by striking ‘‘or’’ at the 

14 end; and 

15 (2) in paragraph (q), by inserting ‘‘, section 

16 2280, 2280a, 2281, or 2281a (relating to maritime 

17 safety),’’ after ‘‘weapons)’’. 

18 (b) ACTS OF NUCLEAR TERRORISM.—Section 

19 2516(1)(q) of such title, as amended by subsection (a)(2), 

20 is further amended by inserting ‘‘, 2332i,’’ after ‘‘2332h’’. 

21 SEC. 6. SENSE OF THE SENATE. 

22 It is the sense of the Senate that— 

23 (1) the United States must not bar individuals 

24 from entering into the United States based on their 

25 religion, as such action would be contrary to the funVerDate Sep 11 2014 22:00 Dec 15, 2015 Jkt 059200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6203 E:\BILLS\S1318.RS S1318

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1 damental principles on which this Nation was found2 ed; and 

3 (2) the individual right of the American people 

4 to keep and bear arms, as recognized by the Second 

5 Amendment to the Constitution of the United States, 

6 as incorporated by the Fourteenth Amendment to the 

7 States, and as interpreted by the Supreme Court of 

8 the United States in District of Columbia v. Heller 

9 and McDonald v. Chicago, is among those funda10 mental rights necessary to our system of ordered lib11 erty and deeply rooted in this Nation’s history and 

12 tradition, such that any violation of this precious 

13 right would be contrary to the fundamental principles 

14 upon which this Nation was founded. 


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Calendar No. 326 

114TH CONGRESS 

1ST SESSION S. 1318 

A BILL 

To amend title 18, United States Code, to provide 

tion of nuclear terrorism, and for other purposes. for protection of maritime navigation and prevenDECEMBER 15, 2015 

Reported with an amendment 


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