Nuclear Terrorism Conventions Implementation and Safety of Maritime Navigation Act of 2013

To amend title 18, United States Code, to provide for protection of maritime navigation and prevention of nuclear terrorism, and for other purposes. 1. Short title This Act may be cited as the Nuclear Terrorism Conventions Implementation and Safety of Maritime Navigation Act of 2013 I Safety of Maritime Navigation 101. Amendment to section 2280 of title 18, United States Code Section 2280 (1) in subsection (b)— (A) in paragraph (1)(A)(i), by striking a ship flying the flag of the United States a vessel of the United States or a vessel subject to the jurisdiction of the United States (as defined in section 70502 (B) in paragraph (1)(A)(ii), by inserting , including the territorial seas in the United States (C) in paragraph (1)(A)(iii), by inserting , by a United States corporation or legal entity, by a national of the United States (2) in subsection (c), by striking section 2(c) section 13(c) (3) by striking subsection (d); (4) by striking subsection (e) and inserting after subsection (c): (d) Definitions As used in this section, section 2280a, section 2281, and section 2281a, the term— (1) applicable treaty (A) the Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague on 16 December 1970; (B) the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 23 September 1971; (C) the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, adopted by the General Assembly of the United Nations on 14 December 1973; (D) International Convention against the Taking of Hostages, adopted by the General Assembly of the United Nations on 17 December 1979; (E) the Convention on the Physical Protection of Nuclear Material, done at Vienna on 26 October 1979; (F) the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 24 February 1988; (G) the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, done at Rome on 10 March 1988; (H) International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on 15 December 1997; and (I) International Convention for the Suppression of the Financing of Terrorism, adopted by the General Assembly of the United Nations on 9 December 1999; (2) armed conflict (3) biological weapon (A) microbial or other biological agents, or toxins whatever their origin or method of production, of types and in quantities that have no justification for prophylactic, protective, or other peaceful purposes; or (B) weapons, equipment, or means of delivery designed to use such agents or toxins for hostile purposes or in armed conflict; (4) chemical weapon (A) toxic chemicals and their precursors, except where intended for— (i) industrial, agricultural, research, medical, pharmaceutical, or other peaceful purposes; (ii) protective purposes, namely those purposes directly related to protection against toxic chemicals and to protection against chemical weapons; (iii) military purposes not connected with the use of chemical weapons and not dependent on the use of the toxic properties of chemicals as a method of warfare; or (iv) law enforcement including domestic riot control purposes, as long as the types and quantities are consistent with such purposes; (B) munitions and devices, specifically designed to cause death or other harm through the toxic properties of those toxic chemicals specified in subparagraph (A), which would be released as a result of the employment of such munitions and devices; and (C) any equipment specifically designed for use directly in connection with the employment of munitions and devices specified in subparagraph (B); (5) covered ship (6) explosive material (7) infrastructure facility (8) international organization (9) military forces of a state (10) national of the United States 8 U.S.C. 1101(a)(22) (11) Non-Proliferation Treaty (12) Non-Proliferation Treaty State Party (13) Nuclear Weapon State Party to the Non-Proliferation Treaty (14) place of public use (15) precursor (16) public transport system (17) serious injury or damage (A) serious bodily injury, (B) extensive destruction of a place of public use, State or government facility, infrastructure facility, or public transportation system, resulting in major economic loss, or (C) substantial damage to the environment, including air, soil, water, fauna, or flora; (18) ship (19) source material (20) special fissionable material (21) territorial sea of the United States (22) toxic chemical (23) transport (24) United States ; and (5) by inserting after subsection (d) (as added by paragraph (4) of this section) the following: (e) Exceptions This section shall not apply to— (1) the activities of armed forces during an armed conflict, as those terms are understood under the law of war, which are governed by that law; or (2) activities undertaken by military forces of a state in the exercise of their official duties. (f) Delivery of suspected offender The master of a covered ship flying the flag of the United States who has reasonable grounds to believe that there is on board that ship any person who has committed an offense under section 2280 or section 2280a may deliver such person to the authorities of a country that is a party to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation. Before delivering such person to the authorities of another country, the master shall notify in an appropriate manner the Attorney General of the United States of the alleged offense and await instructions from the Attorney General as to what action to take. When delivering the person to a country which is a state party to the Convention, the master shall, whenever practicable, and if possible before entering the territorial sea of such country, notify the authorities of such country of the master's intention to deliver such person and the reasons therefor. If the master delivers such person, the master shall furnish to the authorities of such country the evidence in the master’s possession that pertains to the alleged offense. (g) (1) Civil forfeiture Any real or personal property used or intended to be used to commit or to facilitate the commission of a violation of this section, the gross proceeds of such violation, and any real or personal property traceable to such property or proceeds, shall be subject to forfeiture. (2) Applicable procedures Seizures and forfeitures under this section shall be governed by the provisions of chapter 46 . 102. New section 2280 a (a) In general Chapter 111 of title 18, United States Code, is amended by adding after section 2280 the following new section: 2280a. Violence against maritime navigation and maritime transport involving weapons of mass destruction (a) Offenses (1) In general Subject to the exceptions in subsection (c), a person who unlawfully and intentionally— (A) when the purpose of the act, by its nature or context, is to intimidate a population, or to compel a government or an international organization to do or to abstain from doing any act— (i) uses against or on a ship or discharges from a ship any explosive or radioactive material, biological, chemical, or nuclear weapon or other nuclear explosive device in a manner that causes or is likely to cause death to any person or serious injury or damage; (ii) discharges from a ship oil, liquefied natural gas, or another hazardous or noxious substance that is not covered by clause (i), in such quantity or concentration that causes or is likely to cause death to any person or serious injury or damage; or (iii) uses a ship in a manner that causes death to any person or serious injury or damage; (B) transports on board a ship— (i) any explosive or radioactive material, knowing that it is intended to be used to cause, or in a threat to cause, death to any person or serious injury or damage for the purpose of intimidating a population, or compelling a government or an international organization to do or to abstain from doing any act; (ii) any biological, chemical, or nuclear weapon or other nuclear explosive device, knowing it to be a biological, chemical, or nuclear weapon or other nuclear explosive device; (iii) any source material, special fissionable material, or equipment or material especially designed or prepared for the processing, use, or production of special fissionable material, knowing that it is intended to be used in a nuclear explosive activity or in any other nuclear activity not under safeguards pursuant to an International Atomic Energy Agency comprehensive safeguards agreement, except where— (I) such item is transported to or from the territory of, or otherwise under the control of, a Non-Proliferation Treaty State Party; and (II) the resulting transfer or receipt (including internal to a country) is not contrary to the obligations under the Non-Proliferation Treaty of the Non-Proliferation Treaty State Party from which, to the territory of which, or otherwise under the control of which such item is transferred; (iv) any equipment, materials, or software or related technology that significantly contributes to the design or manufacture of a nuclear weapon or other nuclear explosive device, with the intention that it will be used for such purpose, except where— (I) the country to the territory of which or under the control of which such item is transferred is a Nuclear Weapon State Party to the Non-Proliferation Treaty; and (II) the resulting transfer or receipt (including internal to a country) is not contrary to the obligations under the Non-Proliferation Treaty of a Non-Proliferation Treaty State Party from which, to the territory of which, or otherwise under the control of which such item is transferred; (v) any equipment, materials, or software or related technology that significantly contributes to the delivery of a nuclear weapon or other nuclear explosive device, with the intention that it will be used for such purpose, except where— (I) such item is transported to or from the territory of, or otherwise under the control of, a Non-Proliferation Treaty State Party; and (II) such item is intended for the delivery system of a nuclear weapon or other nuclear explosive device of a Nuclear Weapon State Party to the Non-Proliferation Treaty; or (vi) any equipment, materials, or software or related technology that significantly contributes to the design, manufacture, or delivery of a biological or chemical weapon, with the intention that it will be used for such purpose; (C) transports another person on board a ship knowing that the person has committed an act that constitutes an offense under section 2280 or subparagraphs (A), (B), (D), or (E) of this section or an offense set forth in an applicable treaty, as specified in section 2280(d)(1), and intending to assist that person to evade criminal prosecution; (D) injures or kills any person in connection with the commission or the attempted commission of any of the offenses set forth in subparagraphs (A) through (C), or subsection (a)(2), to the extent that the subsection (a)(2) offense pertains to subparagraph (A); or (E) attempts to do any act prohibited under subparagraphs (A), (B) or (D), or conspires to do any act prohibited by subparagraphs (A) through (E) or subsection (a)(2), shall be fined under this title, imprisoned not more than 20 years, or both; and if the death of any person results from conduct prohibited by this paragraph, shall be imprisoned for any term of years or for life. (2) Threats A person who threatens, with apparent determination and will to carry the threat into execution, to do any act prohibited under paragraph (1)(A) shall be fined under this title, imprisoned not more than 5 years, or both. (b) Jurisdiction There is jurisdiction over the activity prohibited in subsection (a)— (1) in the case of a covered ship, if— (A) such activity is committed— (i) against or on board a vessel of the United States or a vessel subject to the jurisdiction of the United States (as defined in section 70502 (ii) in the United States, including the territorial seas; or (iii) by a national of the United States, by a United States corporation or legal entity, or by a stateless person whose habitual residence is in the United States; (B) during the commission of such activity, a national of the United States is seized, threatened, injured, or killed; or (C) the offender is later found in the United States after such activity is committed; (2) in the case of a ship navigating or scheduled to navigate solely within the territorial sea or internal waters of a country other than the United States, if the offender is later found in the United States after such activity is committed; or (3) in the case of any vessel, if such activity is committed in an attempt to compel the United States to do or abstain from doing any act. (c) Exceptions This section shall not apply to— (1) the activities of armed forces during an armed conflict, as those terms are understood under the law of war, which are governed by that law; or (2) activities undertaken by military forces of a state in the exercise of their official duties. (d) (1) Civil forfeiture Any real or personal property used or intended to be used to commit or to facilitate the commission of a violation of this section, the gross proceeds of such violation, and any real or personal property traceable to such property or proceeds, shall be subject to forfeiture. (2) Applicable procedures Seizures and forfeitures under this section shall be governed by the provisions of chapter 46 . (b) Conforming amendment The table of sections at the beginning of chapter 111 of title 18, United States Code, is amended by adding after the item relating to section 2280 the following new item: 2280a. Violence against maritime navigation and maritime transport involving weapons of mass destruction. . 103. Amendments to section 2281 Section 2281 (1) in subsection (c), by striking section 2(c) section 13(c) (2) in subsection (d), by striking the definitions of national of the United States, territorial sea of the United States, United States (3) by inserting after subsection (d) the following: (e) Exceptions This section does not apply to— (1) the activities of armed forces during an armed conflict, as those terms are understood under the law of war, which are governed by that law; or (2) activities undertaken by military forces of a state in the exercise of their official duties. . 104. New section 2281 a (a) In general Chapter 111 of title 18, United States Code, is amended by adding after section 2281 the following new section: 2281a. Additional offenses against maritime fixed platforms (a) Offenses (1) In general A person who unlawfully and intentionally— (A) when the purpose of the act, by its nature or context, is to intimidate a population, or to compel a government or an international organization to do or to abstain from doing any act— (i) uses against or on a fixed platform or discharges from a fixed platform any explosive or radioactive material, biological, chemical, or nuclear weapon in a manner that causes or is likely to cause death or serious injury or damage; or (ii) discharges from a fixed platform oil, liquefied natural gas, or another hazardous or noxious substance that is not covered by clause (i), in such quantity or concentration that causes or is likely to cause death or serious injury or damage; (B) injures or kills any person in connection with the commission or the attempted commission of any of the offenses set forth in subparagraph (A); or (C) attempts or conspires to do anything prohibited under subparagraphs (A) or (B), shall be fined under this title, imprisoned not more than 20 years, or both; and if death results to any person from conduct prohibited by this paragraph, shall be imprisoned for any term of years or for life. (2) Threat to safety A person who threatens, with apparent determination and will to carry the threat into execution, to do any act prohibited under paragraph (1)(A), shall be fined under this title, imprisoned not more than 5 years, or both. (b) Jurisdiction There is jurisdiction over the activity prohibited in subsection (a) if— (1) such activity is committed against or on board a fixed platform— (A) that is located on the continental shelf of the United States; (B) that is located on the continental shelf of another country, by a national of the United States or by a stateless person whose habitual residence is in the United States; or (C) in an attempt to compel the United States to do or abstain from doing any act; (2) during the commission of such activity against or on board a fixed platform located on a continental shelf, a national of the United States is seized, threatened, injured, or killed; or (3) such activity is committed against or on board a fixed platform located outside the United States and beyond the continental shelf of the United States and the offender is later found in the United States. (c) Exceptions This section does not apply to— (1) the activities of armed forces during an armed conflict, as those terms are understood under the law of war, which are governed by that law; or (2) activities undertaken by military forces of a state in the exercise of their official duties. (d) Definitions In this section— (1) continental shelf (2) fixed platform . (b) Conforming amendment The table of sections at the beginning of chapter 111 of title 18, United States Code, is amended by adding after the item relating to section 2281 the following new item: 2281a. Additional offenses against maritime fixed platforms. . 105. Ancillary measure Section 2332b(g)(5)(B) of title 18, United States Code, is amended by inserting 2280a (relating to maritime safety), 2281 2281 2281 through 2281a II Prevention of Nuclear Terrorism 201. New section 2332 i (a) In general Chapter 113B of title 18, United States Code, is amended by adding after section 2332h the following: 2332i. Acts of nuclear terrorism (a) Offenses (1) In general Whoever knowingly and unlawfully— (A) possesses radioactive material or makes or possesses a device— (i) with the intent to cause death or serious bodily injury; or (ii) with the intent to cause substantial damage to property or the environment; or (B) uses in any way radioactive material or a device, or uses or damages or interferes with the operation of a nuclear facility in a manner that causes the release of or increases the risk of the release of radioactive material, or causes radioactive contamination or exposure to radiation— (i) with the intent to cause death or serious bodily injury or with the knowledge that such act is likely to cause death or serious bodily injury; (ii) with the intent to cause substantial damage to property or the environment or with the knowledge that such act is likely to cause substantial damage to property or the environment; or (iii) with the intent to compel a person, an international organization or a country to do or refrain from doing an act, shall be punished as prescribed in subsection (c). (2) Threats Whoever, under circumstances in which the threat may reasonably be believed, threatens to commit an offense under paragraph (1) shall be punished as prescribed in subsection (c). Whoever demands possession of or access to radioactive material, a device or a nuclear facility by threat or by use of force shall be punished as prescribed in subsection (c). (3) Attempts and conspiracies Whoever attempts to commit an offense under paragraph (1) or conspires to commit an offense under paragraphs (1) or (2) shall be punished as prescribed in subsection (c). (b) Jurisdiction Conduct prohibited by subsection (a) is within the jurisdiction of the United States if— (1) the prohibited conduct takes place in the United States or the special aircraft jurisdiction of the United States; (2) the prohibited conduct takes place outside of the United States and— (A) is committed by a national of the United States, a United States corporation or legal entity or a stateless person whose habitual residence is in the United States; (B) is committed on board a vessel of the United States or a vessel subject to the jurisdiction of the United States (as defined in section 70502 (C) is committed in an attempt to compel the United States to do or abstain from doing any act, or constitutes a threat directed at the United States; (3) the prohibited conduct takes place outside of the United States and a victim or an intended victim is a national of the United States or a United States corporation or legal entity, or the offense is committed against any state or government facility of the United States; or (4) a perpetrator of the prohibited conduct is found in the United States. (c) Penalties Whoever violates this section shall be fined not more than $2,000,000 and shall be imprisoned for any term of years or for life. (d) Nonapplicability This section does not apply to— (1) the activities of armed forces during an armed conflict, as those terms are understood under the law of war, which are governed by that law; or (2) activities undertaken by military forces of a state in the exercise of their official duties. (e) Definitions As used in this section, the term— (1) armed conflict (2) device (A) any nuclear explosive device; or (B) any radioactive material dispersal or radiation-emitting device that may, owing to its radiological properties, cause death, serious bodily injury or substantial damage to property or the environment; (3) international organization (4) military forces of a state (5) national of the United States 8 U.S.C. 1101(a)(22) (6) nuclear facility (A) any nuclear reactor, including reactors on vessels, vehicles, aircraft or space objects for use as an energy source in order to propel such vessels, vehicles, aircraft or space objects or for any other purpose; (B) any plant or conveyance being used for the production, storage, processing or transport of radioactive material; or (C) a facility (including associated buildings and equipment) in which nuclear material is produced, processed, used, handled, stored or disposed of, if damage to or interference with such facility could lead to the release of significant amounts of radiation or radioactive material; (7) nuclear material (8) radioactive material (9) serious bodily injury (10) state (11) state or government facility (12) United States corporation or legal entity (13) vessel section 1502(19) (14) vessel of the United States . (b) Clerical amendment The table of sections at the beginning of chapter 113B of title 18, United States Code, is amended by inserting after section 2332h the following: 2332i. Acts of nuclear terrorism. . (c) Disclaimer Nothing contained in this section is intended to affect the applicability of any other Federal or State law that might pertain to the underlying conduct. (d) Inclusion in definition of Federal crimes of terrorism Section 2332b(g)(5)(B) 2332i (relating to acts of nuclear terrorism), 2339 (relating to harboring terrorists) 202. Amendment to section 831 Section 831 (a) in subsection (a)— (1) by redesignating paragraphs (3) through (8) as (4) through (9); (2) by inserting after paragraph (2) the following: (3) without lawful authority, intentionally carries, sends or moves nuclear material into or out of a country; ; (3) in paragraph (8), as redesignated, by striking an offense under paragraph (1), (2), (3), or (4) any act prohibited under paragraphs (1) through (5) (4) in paragraph (9), as redesignated, by striking an offense under paragraph (1), (2), (3), or (4) any act prohibited under paragraphs (1) through (7) (b) in subsection (b)— (1) in paragraph (1), by striking (7) (8) (2) in paragraph (2), by striking (8) (9) (c) in subsection (c)— (1) in subparagraph (2)(A), by adding after United States or a stateless person whose habitual residence is in the United States (2) by striking paragraph (5); (3) in paragraph (4), by striking or (4) by inserting after paragraph (4), the following: (5) the offense is committed on board a vessel of the United States or a vessel subject to the jurisdiction of the United States (as defined in section 70502 (6) the offense is committed outside the United States and against any state or government facility of the United States; or (7) the offense is committed in an attempt to compel the United States to do or abstain from doing any act, or constitutes a threat directed at the United States. ; (d) by redesignating subsections (d) through (f) as (e) through (g), respectively; (e) by inserting after subsection (c): (d) Nonapplicability This section does not apply to— (1) the activities of armed forces during an armed conflict, as those terms are understood under the law of war, which are governed by that law; or (2) activities undertaken by military forces of a state in the exercise of their official duties. ; and (f) in subsection (g), as redesignated— (1) in paragraph (6), by striking and (2) in paragraph (7), by striking the period at the end and inserting a semicolon; and (3) by inserting after paragraph (7), the following: (8) the term armed conflict (9) the term military forces of a state (10) the term state (11) the term state or government facility (12) the term vessel of the United States . May 20, 2013 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Summary: Nuclear Terrorism Conventions Implementation and Safety of Maritime Navigation Act of 2013 - Title I: Safety of Maritime Navigation - (Sec. 101) Amends the federal criminal code to provide that existing prohibitions against conduct that endangers the safe navigation of a ship: (1) shall apply to conduct that is committed against or on board a U.S. vessel or a vessel subject to U.S. jurisdiction, in U.S. territorial seas, or by a U.S. corporation or legal entity; and (2) shall not apply to activities of armed forces during an armed conflict or in the exercise of official duties. Sets forth procedures regarding the delivery of a person who is suspected of committing a maritime navigation or fixed platform offense to the authorities of a country that is a party to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation. Subjects property used or intended to be used to commit or to facilitate the commission of a maritime navigation offense to civil forfeiture. (Sec. 102) Prohibits: (1) using in or on a ship or a maritime fixed platform any explosive or radioactive material, biological, chemical, or nuclear weapon, or other nuclear explosive device in a manner likely to cause death or serious injury or damage when the purpose is to intimidate a population or to compel a government or international organization to act or abstain from acting; (2) transporting on board a ship such material or device (or certain related material or technology) that is intended for such use, with specified exceptions; (3) transporting on board a ship a person known to have committed a maritime navigation offense intending to assist such person to evade prosecution; (4) injuring or killing any person in connection with such an offense; or (5) conspiring, attempting, or threatening to commit such an offense. Sets forth: (1) the circumstances in which the United States can exercise jurisdiction over such offenses, and (2) exceptions applicable to activities of the armed forces. Provides for civil forfeiture of property used to commit or to facilitate a violation. (Sec. 105) Includes offenses involving violence against maritime navigation and maritime transport involving weapons of mass destruction within the definition of "federal crime of terrorism." Title II: Prevention of Nuclear Terrorism - (Sec. 201) Prohibits anyone, knowingly, unlawfully, and with intent to cause death, serious bodily injury, or substantial damage to property or the environment, from: (1) possessing radioactive material or making or possessing a nuclear explosive device or a radioactive material dispersal or radiation-emitting device; (2) using radioactive material or a device, using, damaging, or interfering with the operation of a nuclear facility in a manner that causes or increases the risk of the release of radioactive material, or causing radioactive contamination or exposure to radiation; or (3) threatening, attempting, or conspiring to commit such an offense. Sets forth: (1) the circumstances in which the United States can exercise jurisdiction over such offenses, and (2) exceptions applicable to activities of the armed forces. Includes such offenses within the definition of "federal crime of terrorism." (Sec. 202) Amends provisions prohibiting transactions involving nuclear materials to: (1) prohibit, intentionally and without lawful authority, carrying, sending, or moving nuclear material into or out of a country; and (2) establish an exception for activities of the armed forces.