I 

113TH CONGRESS 

1ST SESSION H. R. 1073 

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 HOUSE OF REPRESENTATIVES 

MARCH 12, 2013 

Mr. SENSENBRENNER (for himself, Mr. GOODLATTE, Mr. CONYERS, and Mr. 

SCOTT of Virginia) introduced the following bill; which was 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. 

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 2013’’. 


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1 TITLE I—SAFETY OF MARITIME 

2 NAVIGATION 

3 SEC. 101. AMENDMENT TO SECTION 2280 OF TITLE 18, 

4 UNITED STATES CODE. 

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

6 amended— 

7 (1) in subsection (b)— 

8 (A) in paragraph (1)(A)(i), by striking ‘‘a 

9 ship flying the flag of the United States’’ and 

10 inserting ‘‘a vessel of the United States or a 

11 vessel subject to the jurisdiction of the United 

12 States (as defined in section 70502 of title 

13 46)’’; 

14 (B) in paragraph (1)(A)(ii), by inserting ‘‘, 

15 including the territorial seas’’ after ‘‘in the 

16 United States’’; and 

17 (C) in paragraph (1)(A)(iii), by inserting 

18 ‘‘, by a United States corporation or legal enti19 ty,’’ after ‘‘by a national of the United States’’; 

20 (2) in subsection (c), by striking ‘‘section 2(c)’’ 

21 and inserting ‘‘section 13(c)’’; 

22 (3) by striking subsection (d); 

23 (4) by striking subsection (e) and inserting 

24 after subsection (c): 


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1 ‘‘(d) DEFINITIONS.—As used in this section, section 

2 2280a, section 2281, and section 2281a, the term— 

3 ‘‘(1) ‘applicable treaty’ means— 

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

5 Unlawful Seizure of Aircraft, done at The 

6 Hague on 16 December 1970; 

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

8 Unlawful Acts against the Safety of Civil Avia9 tion, done at Montreal on 23 September 1971; 

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

11 Punishment of Crimes against Internationally 

12 Protected Persons, including Diplomatic 

13 Agents, adopted by the General Assembly of the 

14 United Nations on 14 December 1973; 

15 ‘‘(D) International Convention against the 

16 Taking of Hostages, adopted by the General 

17 Assembly of the United Nations on 17 Decem18 ber 1979; 

19 ‘‘(E) the Convention on the Physical Pro20 tection of Nuclear Material, done at Vienna on 

21 26 October 1979; 

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

23 Unlawful Acts of Violence at Airports Serving 

24 International Civil Aviation, supplementary to 

25 the Convention for the Suppression of Unlawful 


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1 Acts against the Safety of Civil Aviation, done 

2 at Montreal on 24 February 1988; 

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

4 Unlawful Acts against the Safety of Fixed Plat5 forms Located on the Continental Shelf, done 

6 at Rome on 10 March 1988; 

7 ‘‘(H) International Convention for the 

8 Suppression of Terrorist Bombings, adopted by 

9 the General Assembly of the United Nations on 

10 15 December 1997; and 

11 ‘‘(I) International Convention for the Sup12 pression of the Financing of Terrorism, adopted 

13 by the General Assembly of the United Nations 

14 on 9 December 1999; 

15 ‘‘(2) ‘armed conflict’ does not include internal 

16 disturbances and tensions, such as riots, isolated 

17 and sporadic acts of violence, and other acts of a 

18 similar nature; 

19 ‘‘(3) ‘biological weapon’ means— 

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

21 or toxins whatever their origin or method of 

22 production, of types and in quantities that have 

23 no justification for prophylactic, protective, or 

24 other peaceful purposes; or 


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1 ‘‘(B) weapons, equipment, or means of de2 livery designed to use such agents or toxins for 

3 hostile purposes or in armed conflict; 

4 ‘‘(4) ‘chemical weapon’ means, together or sepa5 rately— 

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

7 except where intended for— 

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

9 medical, pharmaceutical, or other peaceful 

10 purposes; 

11 ‘‘(ii) protective purposes, namely those 

12 purposes directly related to protection 

13 against toxic chemicals and to protection 

14 against chemical weapons; 

15 ‘‘(iii) military purposes not connected 

16 with the use of chemical weapons and not 

17 dependent on the use of the toxic prop18 erties of chemicals as a method of warfare; 

19 or 

20 ‘‘(iv) law enforcement including do21 mestic riot control purposes, 

22 as long as the types and quantities are con23 sistent with such purposes; 

24 ‘‘(B) munitions and devices, specifically de25 signed to cause death or other harm through 


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1 the toxic properties of those toxic chemicals 

2 specified in subparagraph (A), which would be 

3 released as a result of the employment of such 

4 munitions and devices; and 

5 ‘‘(C) any equipment specifically designed 

6 for use directly in connection with the employ7 ment of munitions and devices specified in sub8 paragraph (B); 

9 ‘‘(5) ‘covered ship’ means a ship that is navi10 gating or is scheduled to navigate into, through or 

11 from waters beyond the outer limit of the territorial 

12 sea of a single country or a lateral limit of that 

13 country’s territorial sea with an adjacent country; 

14 ‘‘(6) ‘explosive material’ has the meaning given 

15 the term in section 841(c) and includes explosive as 

16 defined in section 844(j) of this title; 

17 ‘‘(7) ‘infrastructure facility’ has the meaning 

18 given the term in section 2332f(e)(5) of this title; 

19 ‘‘(8) ‘international organization’ has the mean20 ing given the term in section 831(f)(3) of this title; 

21 ‘‘(9) ‘military forces of a state’ means the 

22 armed forces of a state which are organized, trained, 

23 and equipped under its internal law for the primary 

24 purpose of national defense or security, and persons 

25 acting in support of those armed forces who are 


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1 under their formal command, control, and responsi2 bility; 

3 ‘‘(10) ‘national of the United States’ has the 

4 meaning stated in section 101(a)(22) of the Immi5 gration and Nationality Act (8 U.S.C. 1101(a)(22)); 

6 ‘‘(11) ‘Non-Proliferation Treaty’ means the 

7 Treaty on the Non-Proliferation of Nuclear Weap8 ons, done at Washington, London, and Moscow on 

9 1 July 1968; 

10 ‘‘(12) ‘Non-Proliferation Treaty State Party’ 

11 means any State Party to the Non-Proliferation 

12 Treaty, to include Taiwan, which shall be considered 

13 to have the obligations under the Non-Proliferation 

14 Treaty of a party to that treaty other than a Nu15 clear Weapon State Party to the Non-Proliferation 

16 Treaty; 

17 ‘‘(13) ‘Nuclear Weapon State Party to the Non18 Proliferation Treaty’ means a State Party to the 

19 Non-Proliferation Treaty that is a nuclear-weapon 

20 State, as that term is defined in Article IX(3) of the 

21 Non-Proliferation Treaty; 

22 ‘‘(14) ‘place of public use’ has the meaning 

23 given the term in section 2332f(e)(6) of this title; 

24 ‘‘(15) ‘precursor’ has the meaning given the 

25 term in section 229F(6)(A) of this title; 


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1 ‘‘(16) ‘public transport system’ has the meaning 

2 given the term in section 2332f(e)(7) of this title; 

3 ‘‘(17) ‘serious injury or damage’ means— 

4 ‘‘(A) serious bodily injury, 

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

6 public use, State or government facility, infra7 structure facility, or public transportation sys8 tem, resulting in major economic loss, or 

9 ‘‘(C) substantial damage to the environ10 ment, including air, soil, water, fauna, or flora; 

11 ‘‘(18) ‘ship’ means a vessel of any type whatso12 ever not permanently attached to the sea-bed, in13 cluding dynamically supported craft, submersibles, 

14 or any other floating craft, but does not include a 

15 warship, a ship owned or operated by a government 

16 when being used as a naval auxiliary or for customs 

17 or police purposes, or a ship which has been with18 drawn from navigation or laid up; 

19 ‘‘(19) ‘source material’ has the meaning given 

20 that term in the International Atomic Energy Agen21 cy Statute, done at New York on 26 October 1956; 

22 ‘‘(20) ‘special fissionable material’ has the 

23 meaning given that term in the International Atomic 

24 Energy Agency Statute, done at New York on 26 

25 October 1956; 


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1 ‘‘(21) ‘territorial sea of the United States’ 

2 means all waters extending seaward to 12 nautical 

3 miles from the baselines of the United States deter4 mined in accordance with international law; 

5 ‘‘(22) ‘toxic chemical’ has the meaning given 

6 the term in section 229F(8)(A) of this title; 

7 ‘‘(23) ‘transport’ means to initiate, arrange or 

8 exercise effective control, including decisionmaking 

9 authority, over the movement of a person or item; 

10 and 

11 ‘‘(24) ‘United States’, when used in a geo12 graphical sense, includes the Commonwealth of 

13 Puerto Rico, the Commonwealth of the Northern 

14 Mariana Islands, and all territories and possessions 

15 of the United States.’’; and 

16 (5) by inserting after subsection (d) (as added 

17 by paragraph (4) of this section) the following: 

18 ‘‘(e) EXCEPTIONS.—This section shall not apply to— 

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

20 armed conflict, as those terms are understood under 

21 the law of war, which are governed by that law; or 

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

23 a state in the exercise of their official duties. 

24 ‘‘(f) DELIVERY OF SUSPECTED OFFENDER.—The 

25 master of a covered ship flying the flag of the United 


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1 States who has reasonable grounds to believe that there 

2 is on board that ship any person who has committed an 

3 offense under section 2280 or section 2280a may deliver 

4 such person to the authorities of a country that is a party 

5 to the Convention for the Suppression of Unlawful Acts 

6 against the Safety of Maritime Navigation. Before deliv7 ering such person to the authorities of another country, 

8 the master shall notify in an appropriate manner the At9 torney General of the United States of the alleged offense 

10 and await instructions from the Attorney General as to 

11 what action to take. When delivering the person to a coun12 try which is a state party to the Convention, the master 

13 shall, whenever practicable, and if possible before entering 

14 the territorial sea of such country, notify the authorities 

15 of such country of the master’s intention to deliver such 

16 person and the reasons therefor. If the master delivers 

17 such person, the master shall furnish to the authorities 

18 of such country the evidence in the master’s possession 

19 that pertains to the alleged offense. 

20 ‘‘(g)(1) CIVIL FORFEITURE.—Any real or personal 

21 property used or intended to be used to commit or to fa22 cilitate the commission of a violation of this section, the 

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

24 property traceable to such property or proceeds, shall be 

25 subject to forfeiture. 


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1 ‘‘(2) APPLICABLE PROCEDURES.—Seizures and for2 feitures under this section shall be governed by the provi3 sions of chapter 46 of title 18, United States Code, relat4 ing to civil forfeitures, except that such duties as are im5 posed upon the Secretary of the Treasury under the cus6 toms laws described in section 981(d) shall be performed 

7 by such officers, agents, and other persons as may be des8 ignated for that purpose by the Secretary of Homeland 

9 Security, the Attorney General, or the Secretary of De10 fense.’’. 

11 SEC. 102. NEW SECTION 2280a OF TITLE 18, UNITED STATES 

12 CODE. 

13 (a) IN GENERAL.—Chapter 111 of title 18, United 

14 States Code, is amended by adding after section 2280 the 

15 following new section: 

16 ‘‘§ 2280a. Violence against maritime navigation and 

17 maritime transport involving weapons of 

18 mass destruction 

19 ‘‘(a) OFFENSES.— 

20 ‘‘(1) IN GENERAL.—Subject to the exceptions in 

21 subsection (c), a person who unlawfully and inten22 tionally— 

23 ‘‘(A) when the purpose of the act, by its 

24 nature or context, is to intimidate a population, 

25 or to compel a government or an international 


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1 organization to do or to abstain from doing any 

2 act— 

3 ‘‘(i) uses against or on a ship or dis4 charges from a ship any explosive or radio5 active material, biological, chemical, or nu6 clear weapon or other nuclear explosive de7 vice in a manner that causes or is likely to 

8 cause death to any person or serious injury 

9 or damage; 

10 ‘‘(ii) discharges from a ship oil, lique11 fied natural gas, or another hazardous or 

12 noxious substance that is not covered by 

13 clause (i), in such quantity or concentra14 tion that causes or is likely to cause death 

15 to any person or serious injury or damage; 

16 or 

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

18 causes death to any person or serious in19 jury or damage; 

20 ‘‘(B) transports on board a ship— 

21 ‘‘(i) any explosive or radioactive mate22 rial, knowing that it is intended to be used 

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

24 any person or serious injury or damage for 

25 the purpose of intimidating a population, 


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1 or compelling a government or an inter2 national organization to do or to abstain 

3 from doing any act; 

4 ‘‘(ii) any biological, chemical, or nu5 clear weapon or other nuclear explosive de6 vice, knowing it to be a biological, chem7 ical, or nuclear weapon or other nuclear 

8 explosive device; 

9 ‘‘(iii) any source material, special fis10 sionable material, or equipment or material 

11 especially designed or prepared for the 

12 processing, use, or production of special 

13 fissionable material, knowing that it is in14 tended to be used in a nuclear explosive ac15 tivity or in any other nuclear activity not 

16 under safeguards pursuant to an Inter17 national Atomic Energy Agency com18 prehensive safeguards agreement, except 

19 where— 

20 ‘‘(I) such item is transported to 

21 or from the territory of, or otherwise 

22 under the control of, a Non-Prolifera23 tion Treaty State Party; and 

24 ‘‘(II) the resulting transfer or re25 ceipt (including internal to a country) 


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1 is not contrary to the obligations 

2 under the Non-Proliferation Treaty of 

3 the Non-Proliferation Treaty State 

4 Party from which, to the territory of 

5 which, or otherwise under the control 

6 of which such item is transferred; 

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

8 software or related technology that signifi9 cantly contributes to the design or manu10 facture of a nuclear weapon or other nu11 clear explosive device, with the intention 

12 that it will be used for such purpose, ex13 cept where— 

14 ‘‘(I) the country to the territory 

15 of which or under the control of which 

16 such item is transferred is a Nuclear 

17 Weapon State Party to the Non-Pro18 liferation Treaty; and 

19 ‘‘(II) the resulting transfer or re20 ceipt (including internal to a country) 

21 is not contrary to the obligations 

22 under the Non-Proliferation Treaty of 

23 a Non-Proliferation Treaty State 

24 Party from which, to the territory of 


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1 which, or otherwise under the control 

2 of which such item is transferred; 

3 ‘‘(v) any equipment, materials, or 

4 software or related technology that signifi5 cantly contributes to the delivery of a nu6 clear weapon or other nuclear explosive de7 vice, with the intention that it will be used 

8 for such purpose, except where— 

9 ‘‘(I) such item is transported to 

10 or from the territory of, or otherwise 

11 under the control of, a Non-Prolifera12 tion Treaty State Party; and 

13 ‘‘(II) such item is intended for 

14 the delivery system of a nuclear weap15 on or other nuclear explosive device of 

16 a Nuclear Weapon State Party to the 

17 Non-Proliferation Treaty; or 

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

19 software or related technology that signifi20 cantly contributes to the design, manufac21 ture, or delivery of a biological or chemical 

22 weapon, with the intention that it will be 

23 used for such purpose; 

24 ‘‘(C) transports another person on board a 

25 ship knowing that the person has committed an 


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1 act that constitutes an offense under section 

2 2280 or subparagraphs (A), (B), (D), or (E) of 

3 this section or an offense set forth in an appli4 cable treaty, as specified in section 2280(d)(1), 

5 and intending to assist that person to evade 

6 criminal prosecution; 

7 ‘‘(D) injures or kills any person in connec8 tion with the commission or the attempted com9 mission of any of the offenses set forth in sub10 paragraphs (A) through (C), or subsection 

11 (a)(2), to the extent that the subsection (a)(2) 

12 offense pertains to subparagraph (A); or 

13 ‘‘(E) attempts to do any act prohibited 

14 under subparagraphs (A), (B) or (D), or con15 spires to do any act prohibited by subpara16 graphs (A) through (E) or subsection (a)(2), 

17 shall be fined under this title, imprisoned not more 

18 than 20 years, or both; and if the death of any per19 son results from conduct prohibited by this para20 graph, shall be imprisoned for any term of years or 

21 for life. 

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

23 apparent determination and will to carry the threat 

24 into execution, to do any act prohibited under paraVerDate Mar 14 2013 16:06 Mar 14, 2013 Jkt 029200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H1073.IH H1073

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1 graph (1)(A) shall be fined under this title, impris2 oned not more than 5 years, or both. 

3 ‘‘(b) JURISDICTION.—There is jurisdiction over the 

4 activity prohibited in subsection (a)— 

5 ‘‘(1) in the case of a covered ship, if— 

6 ‘‘(A) such activity is committed— 

7 ‘‘(i) against or on board a vessel of 

8 the United States or a vessel subject to the 

9 jurisdiction of the United States (as de10 fined in section 70502 of title 46) at the 

11 time the prohibited activity is committed; 

12 ‘‘(ii) in the United States, including 

13 the territorial seas; or 

14 ‘‘(iii) by a national of the United 

15 States, by a United States corporation or 

16 legal entity, or by a stateless person whose 

17 habitual residence is in the United States; 

18 ‘‘(B) during the commission of such activ19 ity, a national of the United States is seized, 

20 threatened, injured, or killed; or 

21 ‘‘(C) the offender is later found in the 

22 United States after such activity is committed; 

23 ‘‘(2) in the case of a ship navigating or sched24 uled to navigate solely within the territorial sea or 

25 internal waters of a country other than the United 


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1 States, if the offender is later found in the United 

2 States after such activity is committed; or 

3 ‘‘(3) in the case of any vessel, if such activity 

4 is committed in an attempt to compel the United 

5 States to do or abstain from doing any act. 

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

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

8 armed conflict, as those terms are understood under 

9 the 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 ‘‘(d)(1) CIVIL FORFEITURE.—Any real or personal 

13 property used or intended to be used to commit or to fa14 cilitate the commission of a violation of this section, the 

15 gross proceeds of such violation, and any real or personal 

16 property traceable to such property or proceeds, shall be 

17 subject to forfeiture. 

18 ‘‘(2) APPLICABLE PROCEDURES.—Seizures and for19 feitures under this section shall be governed by the provi20 sions of chapter 46 of title 18, United States Code, relat21 ing to civil forfeitures, except that such duties as are im22 posed upon the Secretary of the Treasury under the cus23 toms laws described in section 981(d) shall be performed 

24 by such officers, agents, and other persons as may be des25 ignated for that purpose by the Secretary of Homeland 


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1 Security, the Attorney General, or the Secretary of De2 fense.’’. 

3 (b) CONFORMING AMENDMENT.—The table of sec4 tions at the beginning of chapter 111 of title 18, United 

5 States Code, is amended by adding after the item relating 

6 to section 2280 the following new item: 

‘‘2280a. Violence against maritime navigation and maritime transport involving 

weapons of mass destruction.’’. 

7 SEC. 103. AMENDMENTS TO SECTION 2281 OF TITLE 18, 

8 UNITED STATES CODE. 

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

10 amended— 

11 (1) in subsection (c), by striking ‘‘section 2(c)’’ 

12 and inserting ‘‘section 13(c)’’; 

13 (2) in subsection (d), by striking the definitions 

14 of ‘‘national of the United States,’’ ‘‘territorial sea 

15 of the United States,’’ and ‘‘United States’’; and 

16 (3) by inserting after subsection (d) the fol17 lowing: 

18 ‘‘(e) EXCEPTIONS.—This section does not apply to— 

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

20 armed conflict, as those terms are understood under 

21 the law of war, which are governed by that law; or 

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

23 a state in the exercise of their official duties.’’. 


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1 SEC. 104. NEW SECTION 2281a OF TITLE 18, UNITED STATES 

2 CODE. 

3 (a) IN GENERAL.—Chapter 111 of title 18, United 

4 States Code, is amended by adding after section 2281 the 

5 following new section: 

6 ‘‘§ 2281a. Additional offenses against maritime fixed 

7 platforms 

8 ‘‘(a) OFFENSES.— 

9 ‘‘(1) IN GENERAL.—A person who unlawfully 

10 and intentionally— 

11 ‘‘(A) when the purpose of the act, by its 

12 nature or context, is to intimidate a population, 

13 or to compel a government or an international 

14 organization to do or to abstain from doing any 

15 act— 

16 ‘‘(i) uses against or on a fixed plat17 form or discharges from a fixed platform 

18 any explosive or radioactive material, bio19 logical, chemical, or nuclear weapon in a 

20 manner that causes or is likely to cause 

21 death or serious injury or damage; or 

22 ‘‘(ii) discharges from a fixed platform 

23 oil, liquefied natural gas, or another haz24 ardous or noxious substance that is not 

25 covered by clause (i), in such quantity or 


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1 concentration that causes or is likely to 

2 cause death or serious injury or damage; 

3 ‘‘(B) injures or kills any person in connec4 tion with the commission or the attempted com5 mission of any of the offenses set forth in sub6 paragraph (A); or 

7 ‘‘(C) attempts or conspires to do anything 

8 prohibited under subparagraphs (A) or (B), 

9 shall be fined under this title, imprisoned not more 

10 than 20 years, or both; and if death results to any 

11 person from conduct prohibited by this paragraph, 

12 shall be imprisoned for any term of years or for life. 

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

14 threatens, with apparent determination and will to 

15 carry the threat into execution, to do any act prohib16 ited under paragraph (1)(A), shall be fined under 

17 this title, imprisoned not more than 5 years, or both. 

18 ‘‘(b) JURISDICTION.—There is jurisdiction over the 

19 activity prohibited in subsection (a) if— 

20 ‘‘(1) such activity is committed against or on 

21 board a fixed platform— 

22 ‘‘(A) that is located on the continental 

23 shelf of the United States; 

24 ‘‘(B) that is located on the continental 

25 shelf of another country, by a national of the 


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1 United States or by a stateless person whose 

2 habitual residence is in the United States; or 

3 ‘‘(C) in an attempt to compel the United 

4 States to do or abstain from doing any act; 

5 ‘‘(2) during the commission of such activity 

6 against or on board a fixed platform located on a 

7 continental shelf, a national of the United States is 

8 seized, threatened, injured, or killed; or 

9 ‘‘(3) such activity is committed against or on 

10 board a fixed platform located outside the United 

11 States and beyond the continental shelf of the 

12 United States and the offender is later found in the 

13 United States. 

14 ‘‘(c) EXCEPTIONS.—This section does not apply to— 

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

16 armed conflict, as those terms are understood under 

17 the law of war, which are governed by that law; or 

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

19 a state in the exercise of their official duties. 

20 ‘‘(d) DEFINITIONS.—In this section— 

21 ‘‘(1) ‘continental shelf’ means the sea-bed and 

22 subsoil of the submarine areas that extend beyond a 

23 country’s territorial sea to the limits provided by 

24 customary international law as reflected in Article 


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1 76 of the 1982 Convention on the Law of the Sea; 

2 and 

3 ‘‘(2) ‘fixed platform’ means an artificial island, 

4 installation, or structure permanently attached to 

5 the sea-bed for the purpose of exploration or exploi6 tation of resources or for other economic purposes.’’. 

7 (b) CONFORMING AMENDMENT.—The table of sec8 tions at the beginning of chapter 111 of title 18, United 

9 States Code, is amended by adding after the item relating 

10 to section 2281 the following new item: 

‘‘2281a. Additional offenses against maritime fixed platforms.’’. 

11 SEC. 105. ANCILLARY MEASURE. 

12 Section 2332b(g)(5)(B) of title 18, United States 

13 Code, is amended by inserting ‘‘2280a (relating to mari14 time safety),’’ before ‘‘2281’’, and by striking ‘‘2281’’ and 

15 inserting ‘‘2281 through 2281a’’. 

16 TITLE II—PREVENTION OF 

17 NUCLEAR TERRORISM 

18 SEC. 201. NEW SECTION 2332i OF TITLE 18, UNITED STATES 

19 CODE. 

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

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

22 the following: 

23 ‘‘§ 2332i. Acts of nuclear terrorism 

24 ‘‘(a) OFFENSES.— 


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1 ‘‘(1) IN GENERAL.—Whoever knowingly and 

2 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.—Whoever 

15 attempts to commit an offense under paragraph (1) 

16 or conspires to commit an offense under paragraphs 

17 (1) or (2) shall be punished as prescribed in sub18 section (c). 

19 ‘‘(b) JURISDICTION.—Conduct prohibited by 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 habitual 

6 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.—Whoever violates this section shall 

2 be fined not more than $2,000,000 and shall be impris3 oned for any term of years or for life. 

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

5 apply to— 

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

7 armed conflict, as those terms are understood under 

8 the law of war, which are governed by that law; or 

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

10 a state in the exercise of their official duties. 

11 ‘‘(e) DEFINITIONS.—As used in this section, the 

12 term— 

13 ‘‘(1) ‘armed conflict’ has the meaning given 

14 that term in section 2332f(e)(11) of this title; 

15 ‘‘(2) ‘device’ means: 

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

17 ‘‘(B) any radioactive material dispersal or 

18 radiation-emitting device that may, owing to its 

19 radiological properties, cause death, serious 

20 bodily injury or substantial damage to property 

21 or the environment; 

22 ‘‘(3) ‘international organization’ has the mean23 ing given that term in section 831(f)(3) of this title; 

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

25 armed forces of a country that are organized, 


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1 trained and equipped under its internal law for the 

2 primary purpose of national defense or security and 

3 persons acting in support of those armed forces who 

4 are under their formal command, control and re5 sponsibility; 

6 ‘‘(5) ‘national of the United States’ has the 

7 meaning given that term in section 101(a)(22) of 

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

9 1101(a)(22)); 

10 ‘‘(6) ‘nuclear facility’ means: 

11 ‘‘(A) any nuclear reactor, including reac12 tors on vessels, vehicles, aircraft or space ob13 jects for use as an energy source in order to 

14 propel such vessels, vehicles, aircraft or space 

15 objects or for any other purpose; 

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

17 for the production, storage, processing or trans18 port of radioactive material; or 

19 ‘‘(C) a facility (including associated build20 ings and equipment) in which nuclear material 

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

22 disposed of, if damage to or interference with 

23 such facility could lead to the release of signifi24 cant amounts of radiation or radioactive mate25 rial; 


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1 ‘‘(7) ‘nuclear material’ has the meaning given 

2 that term in section 831(f)(1) of this title; 

3 ‘‘(8) ‘radioactive material’ means nuclear mate4 rial and other radioactive substances that contain 

5 nuclides that undergo spontaneous disintegration (a 

6 process accompanied by emission of one or more 

7 types of ionizing radiation, such as alpha-, beta-, 

8 neutron particles and gamma rays) and that may, 

9 owing to their radiological or fissile properties, cause 

10 death, serious bodily injury or substantial damage to 

11 property or to the environment; 

12 ‘‘(9) ‘serious bodily injury’ has the meaning 

13 given that term in section 831(f)(4) of this title; 

14 ‘‘(10) ‘state’ has the same meaning as that 

15 term has under international law, and includes all 

16 political subdivisions thereof; 

17 ‘‘(11) ‘state or government facility’ has the 

18 meaning given that term in section 2332f(e)(3) of 

19 this title; 

20 ‘‘(12) ‘United States corporation or legal entity’ 

21 means any corporation or other entity organized 

22 under the laws of the United States or any State, 

23 Commonwealth, territory, possession or district of 

24 the United States; 


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1 ‘‘(13) ‘vessel’ has the meaning given that term 

2 in section 1502(19) of title 33; and 

3 ‘‘(14) ‘vessel of the United States’ has the 

4 meaning given that term in section 70502 of title 

5 46.’’. 

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

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

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

9 the following: 

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

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

11 is intended to affect the applicability of any other Federal 

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

13 (d) INCLUSION IN DEFINITION OF FEDERAL CRIMES

14 OF TERRORISM.—Section 2332b(g)(5)(B) of title 18, 

15 United States Code, is amended by inserting ‘‘2332i (re16 lating to acts of nuclear terrorism),’’ before ‘‘2339 (relat17 ing to harboring terrorists)’’. 

18 SEC. 202. AMENDMENT TO SECTION 831 OF TITLE 18 OF THE 

19 UNITED STATES CODE. 

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

21 amended— 

22 (a) in subsection (a)— 

23 (1) by redesignating paragraphs (3) through 

24 (8) as (4) through (9); 


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1 (2) by inserting after paragraph (2) the fol2 lowing: 

3 ‘‘(3) without lawful authority, intentionally car4 ries, sends or moves nuclear material into or out of 

5 a country;’’; 

6 (3) in paragraph (8), as redesignated, by strik7 ing ‘‘an offense under paragraph (1), (2), (3), or 

8 (4)’’ and inserting ‘‘any act prohibited under para9 graphs (1) through (5)’’; and 

10 (4) in paragraph (9), as redesignated, by strik11 ing ‘‘an offense under paragraph (1), (2), (3), or 

12 (4)’’ and inserting ‘‘any act prohibited under para13 graphs (1) through (7)’’; 

14 (b) in subsection (b)— 

15 (1) in paragraph (1), by striking ‘‘(7)’’ and in16 serting ‘‘(8)’’; and 

17 (2) in paragraph (2), by striking ‘‘(8)’’ and in18 serting ‘‘(9)’’; 

19 (c) in subsection (c)— 

20 (1) in subparagraph (2)(A), by adding after 

21 ‘‘United States’’ the following: ‘‘or a stateless person 

22 whose habitual residence is in the United States’’; 

23 (2) by striking paragraph (5); 

24 (3) in paragraph (4), by striking ‘‘or’’ at the 

25 end; and 


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1 (4) by inserting after paragraph (4), the fol2 lowing: 

3 ‘‘(5) the offense is committed on board a vessel 

4 of the United States or a vessel subject to the juris5 diction of the United States (as defined in section 

6 70502 of title 46) or on board an aircraft that is 

7 registered under United States law, at the time the 

8 offense is committed; 

9 ‘‘(6) the offense is committed outside the 

10 United States and against any state or government 

11 facility of the United States; or 

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

13 compel the United States to do or abstain from 

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

15 United States.’’; 

16 (d) by redesignating subsections (d) through (f) as 

17 (e) through (g), respectively; 

18 (e) by inserting after subsection (c): 

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

20 apply to— 

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

22 armed conflict, as those terms are understood under 

23 the law of war, which are governed by that law; or 

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

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


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1 (f) in subsection (g), as redesignated— 

2 (1) in paragraph (6), by striking ‘‘and’’ at the 

3 end; 

4 (2) in paragraph (7), by striking the period at 

5 the end and inserting a semicolon; and 

6 (3) by inserting after paragraph (7), the fol7 lowing: 

8 ‘‘(8) the term ‘armed conflict’ has the meaning 

9 given that term in section 2332f(e)(11) of this title; 

10 ‘‘(9) the term ‘military forces of a state’ means 

11 the armed forces of a country that are organized, 

12 trained and equipped under its internal law for the 

13 primary purpose of national defense or security and 

14 persons acting in support of those armed forces who 

15 are under their formal command, control and re16 sponsibility; 

17 ‘‘(10) the term ‘state’ has the same meaning as 

18 that term has under international law, and includes 

19 all political subdivisions thereof; 

20 ‘‘(11) the term ‘state or government facility’ 

21 has the meaning given that term in section 

22 2332f(e)(3) of this title; and 


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

2 the meaning given that term in section 70502 of 

3 title 46.’’. 

Æ 


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