IB 

Union Calendar No. 60 

113TH CONGRESS 

1ST SESSION H. R. 1073 

[Report No. 113–85] 

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 

MAY 20, 2013 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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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. 


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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’’. 

7 TITLE I—SAFETY OF MARITIME 

8 NAVIGATION 

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

10 UNITED STATES CODE. 

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

12 amended— 

13 (1) in subsection (b)— 

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

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

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

17 vessel subject to the jurisdiction of the United 

18 States (as defined in section 70502 of title 

19 46)’’; 

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

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

22 United States’’; and 

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

24 ‘‘, by a United States corporation or legal enti25 ty,’’ after ‘‘by a national of the United States’’; 


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

2 and inserting ‘‘section 13(c)’’; 

3 (3) by striking subsection (d); 

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

5 after subsection (c): 

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

7 2280a, section 2281, and section 2281a, the term— 

8 ‘‘(1) ‘applicable treaty’ means— 

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

10 Unlawful Seizure of Aircraft, done at The 

11 Hague on 16 December 1970; 

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

13 Unlawful Acts against the Safety of Civil Avia14 tion, done at Montreal on 23 September 1971; 

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

16 Punishment of Crimes against Internationally 

17 Protected Persons, including Diplomatic 

18 Agents, adopted by the General Assembly of the 

19 United Nations on 14 December 1973; 

20 ‘‘(D) International Convention against the 

21 Taking of Hostages, adopted by the General 

22 Assembly of the United Nations on 17 Decem23 ber 1979; 


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1 ‘‘(E) the Convention on the Physical Pro2 tection of Nuclear Material, done at Vienna on 

3 26 October 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 on 24 February 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 on 10 March 1988; 

14 ‘‘(H) International Convention for the 

15 Suppression of Terrorist Bombings, adopted by 

16 the General Assembly of the United Nations on 

17 15 December 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 on 9 December 1999; 

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

23 disturbances and tensions, such as riots, isolated 

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

25 similar nature; 


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1 ‘‘(3) ‘biological weapon’ means— 

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

3 or toxins whatever their origin or method of 

4 production, of types and in quantities that have 

5 no justification for prophylactic, protective, or 

6 other peaceful purposes; or 

7 ‘‘(B) weapons, equipment, or means of de8 livery designed to use such agents or toxins for 

9 hostile purposes or in armed conflict; 

10 ‘‘(4) ‘chemical weapon’ means, together or sepa11 rately— 

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

13 except where intended for— 

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

15 medical, pharmaceutical, or other peaceful 

16 purposes; 

17 ‘‘(ii) protective purposes, namely those 

18 purposes directly related to protection 

19 against toxic chemicals and to protection 

20 against chemical weapons; 

21 ‘‘(iii) military purposes not connected 

22 with the use of chemical weapons and not 

23 dependent on the use of the toxic prop24 erties of chemicals as a method of warfare; 

25 or 


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1 ‘‘(iv) law enforcement including do2 mestic riot control purposes, 

3 as long as the types and quantities are con4 sistent with such purposes; 

5 ‘‘(B) munitions and devices, specifically de6 signed to cause death or other harm through 

7 the toxic properties of those toxic chemicals 

8 specified in subparagraph (A), which would be 

9 released as a result of the employment of such 

10 munitions and devices; and 

11 ‘‘(C) any equipment specifically designed 

12 for use directly in connection with the employ13 ment of munitions and devices specified in sub14 paragraph (B); 

15 ‘‘(5) ‘covered ship’ means a ship that is navi16 gating or is scheduled to navigate into, through or 

17 from waters beyond the outer limit of the territorial 

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

19 country’s territorial sea with an adjacent country; 

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

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

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

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

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


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1 ‘‘(8) ‘international organization’ has the mean2 ing given the term in section 831(f)(3) of this title; 

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

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

5 and equipped under its internal law for the primary 

6 purpose of national defense or security, and persons 

7 acting in support of those armed forces who are 

8 under their formal command, control, and responsi9 bility; 

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

11 meaning stated in section 101(a)(22) of the Immi12 gration and Nationality Act (8 U.S.C. 1101(a)(22)); 

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

14 Treaty on the Non-Proliferation of Nuclear Weap15 ons, done at Washington, London, and Moscow on 

16 1 July 1968; 

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

18 means any State Party to the Non-Proliferation 

19 Treaty, to include Taiwan, which shall be considered 

20 to have the obligations under the Non-Proliferation 

21 Treaty of a party to that treaty other than a Nu22 clear Weapon State Party to the Non-Proliferation 

23 Treaty; 

24 ‘‘(13) ‘Nuclear Weapon State Party to the Non25 Proliferation Treaty’ means a State Party to the 


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1 Non-Proliferation Treaty that is a nuclear-weapon 

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

3 Non-Proliferation Treaty; 

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

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

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

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

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

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

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

11 ‘‘(A) serious bodily injury, 

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

13 public use, State or government facility, infra14 structure facility, or public transportation sys15 tem, resulting in major economic loss, or 

16 ‘‘(C) substantial damage to the environ17 ment, including air, soil, water, fauna, or flora; 

18 ‘‘(18) ‘ship’ means a vessel of any type whatso19 ever not permanently attached to the sea-bed, in20 cluding dynamically supported craft, submersibles, 

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

22 warship, a ship owned or operated by a government 

23 when being used as a naval auxiliary or for customs 

24 or police purposes, or a ship which has been with25 drawn from navigation or laid up; 


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

2 that term in the International Atomic Energy Agen3 cy Statute, done at New York on 26 October 1956; 

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

5 meaning given that term in the International Atomic 

6 Energy Agency Statute, done at New York on 26 

7 October 1956; 

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

9 means all waters extending seaward to 12 nautical 

10 miles from the baselines of the United States deter11 mined in accordance with international law; 

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

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

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

15 exercise effective control, including decisionmaking 

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

17 and 

18 ‘‘(24) ‘United States’, when used in a geo19 graphical sense, includes the Commonwealth of 

20 Puerto Rico, the Commonwealth of the Northern 

21 Mariana Islands, and all territories and possessions 

22 of the United States.’’; and 

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

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

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


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

2 armed conflict, as those terms are understood under 

3 the 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. 

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

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

8 States who has reasonable grounds to believe that there 

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

10 offense under section 2280 or section 2280a may deliver 

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

12 to the Convention for the Suppression of Unlawful Acts 

13 against the Safety of Maritime Navigation. Before deliv14 ering such person to the authorities of another country, 

15 the master shall notify in an appropriate manner the At16 torney General of the United States of the alleged offense 

17 and await instructions from the Attorney General as to 

18 what action to take. When delivering the person to a coun19 try which is a state party to the Convention, the master 

20 shall, whenever practicable, and if possible before entering 

21 the territorial sea of such country, notify the authorities 

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

23 person and the reasons therefor. If the master delivers 

24 such person, the master shall furnish to the authorities 


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

2 that pertains to the alleged offense. 

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

4 property used or intended to be used to commit or to fa5 cilitate the commission of a violation of this section, the 

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

7 property traceable to such property or proceeds, shall be 

8 subject to forfeiture. 

9 ‘‘(2) APPLICABLE PROCEDURES.—Seizures and for10 feitures under this section shall be governed by the provi11 sions of chapter 46 of title 18, United States Code, relat12 ing to civil forfeitures, except that such duties as are im13 posed upon the Secretary of the Treasury under the cus14 toms laws described in section 981(d) shall be performed 

15 by such officers, agents, and other persons as may be des16 ignated for that purpose by the Secretary of Homeland 

17 Security, the Attorney General, or the Secretary of De18 fense.’’. 

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

20 CODE. 

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

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

23 following new section: 


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1 ‘‘§ 2280a. Violence against maritime navigation and 

2 maritime transport involving weapons of 

3 mass destruction 

4 ‘‘(a) OFFENSES.— 

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

6 subsection (c), a person who unlawfully and inten7 tionally— 

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

9 nature or context, is to intimidate a population, 

10 or to compel a government or an international 

11 organization to do or to abstain from doing any 

12 act— 

13 ‘‘(i) uses against or on a ship or dis14 charges from a ship any explosive or radio15 active material, biological, chemical, or nu16 clear weapon or other nuclear explosive de17 vice in a manner that causes or is likely to 

18 cause death to any person or serious injury 

19 or damage; 

20 ‘‘(ii) discharges from a ship oil, lique21 fied natural gas, or another hazardous or 

22 noxious substance that is not covered by 

23 clause (i), in such quantity or concentra24 tion that causes or is likely to cause death 

25 to any person or serious injury or damage; 

26 or 


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

2 causes death to any person or serious in3 jury or damage; 

4 ‘‘(B) transports on board a ship— 

5 ‘‘(i) any explosive or radioactive mate6 rial, knowing that it is intended to be used 

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

8 any person or serious injury or damage for 

9 the purpose of intimidating a population, 

10 or compelling a government or an inter11 national organization to do or to abstain 

12 from doing any act; 

13 ‘‘(ii) any biological, chemical, or nu14 clear weapon or other nuclear explosive de15 vice, knowing it to be a biological, chem16 ical, or nuclear weapon or other nuclear 

17 explosive device; 

18 ‘‘(iii) any source material, special fis19 sionable material, or equipment or material 

20 especially designed or prepared for the 

21 processing, use, or production of special 

22 fissionable material, knowing that it is in23 tended to be used in a nuclear explosive ac24 tivity or in any other nuclear activity not 

25 under safeguards pursuant to an InterVerDate Mar 15 2010 00:43 May 21, 2013 Jkt 029200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H1073.RH H1073

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1 national Atomic Energy Agency com2 prehensive safeguards agreement, except 

3 where— 

4 ‘‘(I) such item is transported to 

5 or from the territory of, or otherwise 

6 under the control of, a Non-Prolifera7 tion Treaty State Party; and 

8 ‘‘(II) the resulting transfer or re9 ceipt (including internal to a country) 

10 is not contrary to the obligations 

11 under the Non-Proliferation Treaty of 

12 the Non-Proliferation Treaty State 

13 Party from which, to the territory of 

14 which, or otherwise under the control 

15 of which such item is transferred; 

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

17 software or related technology that signifi18 cantly contributes to the design or manu19 facture of a nuclear weapon or other nu20 clear explosive device, with the intention 

21 that it will be used for such purpose, ex22 cept where— 

23 ‘‘(I) the country to the territory 

24 of which or under the control of which 

25 such item is transferred is a Nuclear 


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1 Weapon State Party to the Non-Pro2 liferation Treaty; and 

3 ‘‘(II) the resulting transfer or re4 ceipt (including internal to a country) 

5 is not contrary to the obligations 

6 under the Non-Proliferation Treaty of 

7 a Non-Proliferation Treaty State 

8 Party from which, to the territory of 

9 which, or otherwise under the control 

10 of which such item is transferred; 

11 ‘‘(v) any equipment, materials, or 

12 software or related technology that signifi13 cantly contributes to the delivery of a nu14 clear weapon or other nuclear explosive de15 vice, with the intention that it will be used 

16 for such purpose, except where— 

17 ‘‘(I) such item is transported to 

18 or from the territory of, or otherwise 

19 under the control of, a Non-Prolifera20 tion Treaty State Party; and 

21 ‘‘(II) such item is intended for 

22 the delivery system of a nuclear weap23 on or other nuclear explosive device of 

24 a Nuclear Weapon State Party to the 

25 Non-Proliferation Treaty; or 


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

2 software or related technology that signifi3 cantly contributes to the design, manufac4 ture, or delivery of a biological or chemical 

5 weapon, with the intention that it will be 

6 used for such purpose; 

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

8 ship knowing that the person has committed an 

9 act that constitutes an offense under section 

10 2280 or subparagraphs (A), (B), (D), or (E) of 

11 this section or an offense set forth in an appli12 cable treaty, as specified in section 2280(d)(1), 

13 and intending to assist that person to evade 

14 criminal prosecution; 

15 ‘‘(D) injures or kills any person in connec16 tion with the commission or the attempted com17 mission of any of the offenses set forth in sub18 paragraphs (A) through (C), or subsection 

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

20 offense pertains to subparagraph (A); or 

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

22 under subparagraphs (A), (B) or (D), or con23 spires to do any act prohibited by subpara24 graphs (A) through (E) or subsection (a)(2), 


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1 shall be fined under this title, imprisoned not more 

2 than 20 years, or both; and if the death of any per3 son results from conduct prohibited by this para4 graph, shall be imprisoned for any term of years or 

5 for life. 

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

7 apparent determination and will to carry the threat 

8 into execution, to do any act prohibited under para9 graph (1)(A) shall be fined under this title, impris10 oned not more than 5 years, or both. 

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

12 activity prohibited in subsection (a)— 

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

14 ‘‘(A) such activity is committed— 

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

16 the United States or a vessel subject to the 

17 jurisdiction of the United States (as de18 fined in section 70502 of title 46) at the 

19 time the prohibited activity is committed; 

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

21 the territorial seas; or 

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

23 States, by a United States corporation or 

24 legal entity, or by a stateless person whose 

25 habitual residence is in the United States; 


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1 ‘‘(B) during the commission of such activ2 ity, a national of the United States is seized, 

3 threatened, injured, or killed; or 

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

5 United States after such activity is committed; 

6 ‘‘(2) in the case of a ship navigating or sched7 uled to navigate solely within the territorial sea or 

8 internal waters of a country other than the United 

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

10 States after such activity is committed; or 

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

12 is committed in an attempt to compel the United 

13 States to do or abstain from doing any act. 

14 ‘‘(c) EXCEPTIONS.—This section shall 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)(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 (b) CONFORMING AMENDMENT.—The table of sec12 tions at the beginning of chapter 111 of title 18, United 

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

14 to section 2280 the following new item: 

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

weapons of mass destruction.’’. 

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

16 UNITED STATES CODE. 

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

18 amended— 

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

20 and inserting ‘‘section 13(c)’’; 

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

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

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


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1 (3) by inserting after subsection (d) the fol2 lowing: 

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

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

5 armed conflict, as those terms are understood under 

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

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

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

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

10 CODE. 

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

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

13 following new section: 

14 ‘‘§ 2281a. Additional offenses against maritime fixed 

15 platforms 

16 ‘‘(a) OFFENSES.— 

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

18 and intentionally— 

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

20 nature or context, is to intimidate a population, 

21 or to compel a government or an international 

22 organization to do or to abstain from doing any 

23 act— 

24 ‘‘(i) uses against or on a fixed plat25 form or discharges from a fixed platform 


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1 any explosive or radioactive material, bio2 logical, chemical, or nuclear weapon in a 

3 manner that causes or is likely to cause 

4 death or serious injury or damage; or 

5 ‘‘(ii) discharges from a fixed platform 

6 oil, liquefied natural gas, or another haz7 ardous or noxious substance that is not 

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

9 concentration that causes or is likely to 

10 cause death or serious injury or damage; 

11 ‘‘(B) injures or kills any person in connec12 tion with the commission or the attempted com13 mission of any of the offenses set forth in sub14 paragraph (A); or 

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

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

17 shall be fined under this title, imprisoned not more 

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

19 person from conduct prohibited by this paragraph, 

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

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

22 threatens, with apparent determination and will to 

23 carry the threat into execution, to do any act prohib24 ited under paragraph (1)(A), shall be fined under 

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


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

2 activity prohibited in subsection (a) if— 

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

4 board a fixed platform— 

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

6 shelf of the United States; 

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

8 shelf of another country, by a national of the 

9 United States or by a stateless person whose 

10 habitual residence is in the United States; or 

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

12 States to do or abstain from doing any act; 

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

14 against or on board a fixed platform located on a 

15 continental shelf, a national of the United States is 

16 seized, threatened, injured, or killed; or 

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

18 board a fixed platform located outside the United 

19 States and beyond the continental shelf of the 

20 United States and the offender is later found in the 

21 United States. 

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

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

24 armed conflict, as those terms are understood under 

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


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

2 a state in the exercise of their official duties. 

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

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

5 subsoil of the submarine areas that extend beyond a 

6 country’s territorial sea to the limits provided by 

7 customary international law as reflected in Article 

8 76 of the 1982 Convention on the Law of the Sea; 

9 and 

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

11 installation, or structure permanently attached to 

12 the sea-bed for the purpose of exploration or exploi13 tation of resources or for other economic purposes.’’. 

14 (b) CONFORMING AMENDMENT.—The table of sec15 tions at the beginning of chapter 111 of title 18, United 

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

17 to section 2281 the following new item: 

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

18 SEC. 105. ANCILLARY MEASURE. 

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

20 Code, is amended by inserting ‘‘2280a (relating to mari21 time safety),’’ before ‘‘2281’’, and by striking ‘‘2281’’ and 

22 inserting ‘‘2281 through 2281a’’. 


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1 TITLE II—PREVENTION OF 

2 NUCLEAR TERRORISM 

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

4 CODE. 

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

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

7 the following: 

8 ‘‘§ 2332i. Acts of nuclear terrorism 

9 ‘‘(a) OFFENSES.— 

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

11 unlawfully— 

12 ‘‘(A) possesses radioactive material or 

13 makes or possesses a device— 

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

15 serious bodily injury; or 

16 ‘‘(ii) with the intent to cause substan17 tial damage to property or the environ18 ment; or 

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

20 or a device, or uses or damages or interferes 

21 with the operation of a nuclear facility in a 

22 manner that causes the release of or increases 

23 the risk of the release of radioactive material, 

24 or causes radioactive contamination or exposure 

25 to radiation— 


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

2 serious bodily injury or with the knowledge 

3 that such act is likely to cause death or se4 rious bodily injury; 

5 ‘‘(ii) with the intent to cause substan6 tial damage to property or the environment 

7 or with the knowledge that such act is like8 ly to cause substantial damage to property 

9 or the environment; or 

10 ‘‘(iii) with the intent to compel a per11 son, an international organization or a 

12 country to do or refrain from doing an act, 

13 shall be punished as prescribed in subsection 

14 (c). 

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

16 in which the threat may reasonably be believed, 

17 threatens to commit an offense under paragraph (1) 

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

19 Whoever demands possession of or access to radio20 active material, a device or a nuclear facility by 

21 threat or by use of force shall be punished as pre22 scribed in subsection (c). 

23 ‘‘(3) ATTEMPTS AND CONSPIRACIES.—Whoever 

24 attempts to commit an offense under paragraph (1) 

25 or conspires to commit an offense under paragraphs 


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1 (1) or (2) shall be punished as prescribed in sub2 section (c). 

3 ‘‘(b) JURISDICTION.—Conduct prohibited by sub4 section (a) is within the jurisdiction of the United States 

5 if— 

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

7 United States or the special aircraft jurisdiction of 

8 the United States; 

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

10 of the United States and— 

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

12 United States, a United States corporation or 

13 legal entity or a stateless person whose habitual 

14 residence is in the United States; 

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

16 United States or a vessel subject to the jurisdic17 tion of the United States (as defined in section 

18 70502 of title 46) or on board an aircraft that 

19 is registered under United States law, at the 

20 time the offense is committed; or 

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

22 the United States to do or abstain from doing 

23 any act, or constitutes a threat directed at the 

24 United States; 


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

2 of the United States and a victim or an intended vic3 tim is a national of the United States or a United 

4 States corporation or legal entity, or the offense is 

5 committed against any state or government facility 

6 of the United States; or 

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

8 found in the United States. 

9 ‘‘(c) PENALTIES.—Whoever violates this section shall 

10 be fined not more than $2,000,000 and shall be impris11 oned for any term of years or for life. 

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

13 apply to— 

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

15 armed conflict, as those terms are understood under 

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

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

18 a state in the exercise of their official duties. 

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

20 term— 

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

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

23 ‘‘(2) ‘device’ means: 

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


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1 ‘‘(B) any radioactive material dispersal or 

2 radiation-emitting device that may, owing to its 

3 radiological properties, cause death, serious 

4 bodily injury or substantial damage to property 

5 or the environment; 

6 ‘‘(3) ‘international organization’ has the mean7 ing given that term in section 831(f)(3) of this title; 

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

9 armed forces of a country that are organized, 

10 trained and equipped under its internal law for the 

11 primary purpose of national defense or security and 

12 persons acting in support of those armed forces who 

13 are under their formal command, control and re14 sponsibility; 

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

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

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

18 1101(a)(22)); 

19 ‘‘(6) ‘nuclear facility’ means: 

20 ‘‘(A) any nuclear reactor, including reac21 tors on vessels, vehicles, aircraft or space ob22 jects for use as an energy source in order to 

23 propel such vessels, vehicles, aircraft or space 

24 objects or for any other purpose; 


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

2 for the production, storage, processing or trans3 port of radioactive material; or 

4 ‘‘(C) a facility (including associated build5 ings and equipment) in which nuclear material 

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

7 disposed of, if damage to or interference with 

8 such facility could lead to the release of signifi9 cant amounts of radiation or radioactive mate10 rial; 

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

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

13 ‘‘(8) ‘radioactive material’ means nuclear mate14 rial and other radioactive substances that contain 

15 nuclides that undergo spontaneous disintegration (a 

16 process accompanied by emission of one or more 

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

18 neutron particles and gamma rays) and that may, 

19 owing to their radiological or fissile properties, cause 

20 death, serious bodily injury or substantial damage to 

21 property or to the environment; 

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

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


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

2 term has under international law, and includes all 

3 political subdivisions thereof; 

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

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

6 this title; 

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

8 means any corporation or other entity organized 

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

10 Commonwealth, territory, possession or district of 

11 the United States; 

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

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

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

15 meaning given that term in section 70502 of title 

16 46.’’. 

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

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

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

20 the following: 

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

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

22 is intended to affect the applicability of any other Federal 

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

24 (d) INCLUSION IN DEFINITION OF FEDERAL CRIMES

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


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1 United States Code, is amended by inserting ‘‘2332i (re2 lating to acts of nuclear terrorism),’’ before ‘‘2339 (relat3 ing to harboring terrorists)’’. 

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

5 UNITED STATES CODE. 

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

7 amended— 

8 (a) in subsection (a)— 

9 (1) by redesignating paragraphs (3) through 

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

11 (2) by inserting after paragraph (2) the fol12 lowing: 

13 ‘‘(3) without lawful authority, intentionally car14 ries, sends or moves nuclear material into or out of 

15 a country;’’; 

16 (3) in paragraph (8), as redesignated, by strik17 ing ‘‘an offense under paragraph (1), (2), (3), or 

18 (4)’’ and inserting ‘‘any act prohibited under para19 graphs (1) through (5)’’; and 

20 (4) in paragraph (9), as redesignated, by strik21 ing ‘‘an offense under paragraph (1), (2), (3), or 

22 (4)’’ and inserting ‘‘any act prohibited under para23 graphs (1) through (7)’’; 

24 (b) in subsection (b)— 


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1 (1) in paragraph (1), by striking ‘‘(7)’’ and in2 serting ‘‘(8)’’; and 

3 (2) in paragraph (2), by striking ‘‘(8)’’ and in4 serting ‘‘(9)’’; 

5 (c) in subsection (c)— 

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

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

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

9 (2) by striking paragraph (5); 

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

11 end; and 

12 (4) by inserting after paragraph (4), the fol13 lowing: 

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

15 of the United States or a vessel subject to the juris16 diction of the United States (as defined in section 

17 70502 of title 46) or on board an aircraft that is 

18 registered under United States law, at the time the 

19 offense is committed; 

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

21 United States and against any state or government 

22 facility of the United States; or 

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

24 compel the United States to do or abstain from 


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

2 United States.’’; 

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

4 (e) through (g), respectively; 

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

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

7 apply to— 

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

9 armed conflict, as those terms are understood under 

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

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

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

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

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

15 end; 

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

17 the end and inserting a semicolon; and 

18 (3) by inserting after paragraph (7), the fol19 lowing: 

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

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

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

23 the armed forces of a country that are organized, 

24 trained and equipped under its internal law for the 

25 primary purpose of national defense or security and 


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1 persons acting in support of those armed forces who 

2 are under their formal command, control and re3 sponsibility; 

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

5 that term has under international law, and includes 

6 all political subdivisions thereof; 

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

8 has the meaning given that term in section 

9 2332f(e)(3) of this title; and 

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

11 the meaning given that term in section 70502 of 

12 title 46.’’. 


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Union Calendar No. 60 

113TH CONGRESS 

1ST SESSION H. R. 1073 

[Report No. 113–85] 

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 prevenMAY 20, 2013 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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