962 
subject to the jurisdiction of the United States or any ves-
sel outside the United States and on the high seas or hav-
ing United States nationality an explosive or incendiary 
device, biological agent, chemical weapon, or radioactive 
or nuclear material, knowing that any such item is in-
tended to be used to commit an offense listed in section 
273(g)(3)(B), shall be imprisoned for any term of years 
or for life. 
‘‘(b) CAUSING DEATH.—Whoever causes the death of 
a person by engaging in conduct prohibited by subsection 
(a) may be punished by death. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) BIOLOGICAL AGENT.—The term ‘biological 
agent’ means any biological agent, toxin, or vector 
(as those terms are defined in section 627). 
‘‘(2) BY-PRODUCT MATERIAL.—The term ‘by- 
product material’ has the meaning given that term 
in section 11(e) of the Atomic Energy Act of 1954. 
‘‘(3) CHEMICAL WEAPON.—The term ‘chemical 
weapon’ has the meaning given that term in section 
636(1). 
‘‘(4) EXPLOSIVE OR INCENDIARY DEVICE.—The 
term ‘explosive or incendiary device’ has the mean-
ing given the term in section 296(c)(4) and includes 
explosive materials, as that term is defined in sec-
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tion 611(1) and explosive as defined in section 
614(j). 
‘‘(5) NUCLEAR MATERIAL.—The term ‘nuclear 
material’ has the meaning given that term in section 
601(f)(1). 
‘‘(6) RADIOACTIVE MATERIAL.—The term ‘ra-
dioactive material’ means— 
‘‘(A) source material and special nuclear 
material, but does not include natural or de-
pleted uranium; 
‘‘(B) nuclear by-product material; 
‘‘(C) material made radioactive by bom-
bardment in an accelerator; or 
‘‘(D) all refined isotopes of radium. 
‘‘(7) SOURCE
MATERIAL.—The term ‘source 
material’ has the meaning given that term in section 
11(z) of the Atomic Energy Act of 1954. 
‘‘(8) SPECIAL NUCLEAR MATERIAL.—The term 
‘special nuclear material’ has the meaning given that 
term in section 11(aa) of the Atomic Energy Act of 
1954. 
‘‘§ 1349. Transportation of terrorists 
‘‘(a) IN GENERAL.—Whoever knowingly and inten-
tionally transports any terrorist aboard any vessel within 
the United States and on waters subject to the jurisdiction 
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of the United States or any vessel outside the United 
States and on the high seas or having United States na-
tionality, knowing that the transported person is a ter-
rorist, shall be imprisoned for any term of years or for 
life. 
‘‘(b) DEFINED TERM.—In this section, the term ‘ter-
rorist’ means any person who intends to commit, or is 
avoiding apprehension after having committed, an offense 
listed under section 273(g)(3)(B). 
‘‘§ 1350. Operation of submersible vessel or semi-sub-
mersible vessel without nationality 
‘‘(a) OFFENSE.—Whoever knowingly operates, by 
any means, or embarks in any submersible vessel or semi- 
submersible vessel that is without nationality and that is 
navigating or has navigated into, through, or from waters 
beyond the outer limit of the territorial sea of a single 
country or a lateral limit of that country’s territorial sea 
with an adjacent country, with the intent to evade detec-
tion, shall be imprisoned not more than 15 years. 
‘‘(b) EVIDENCE
OF INTENT TO EVADE DETEC-
TION.—For purposes of subsection (a), the presence of 
any of the indicia described in paragraph (1)(A), (E), (F), 
or (G), or in paragraph (4), (5), or (6), of section 
70507(b) of title 46 may be considered, in the totality of 
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the circumstances, to be prima facie evidence of intent to 
evade detection. 
‘‘(c) EXTRATERRITORIAL JURISDICTION.—There is 
extraterritorial Federal jurisdiction over an offense under 
this section. 
‘‘(d) CLAIM
OF NATIONALITY
OR REGISTRY.—A 
claim of nationality or registry under this section includes 
only— 
‘‘(1) possession on board the vessel and produc-
tion of documents evidencing the vessel’s nationality 
as provided in article 5 of the 1958 Convention on 
the High Seas; 
‘‘(2) flying its nation’s ensign or flag; or 
‘‘(3) a verbal claim of nationality or registry by 
the master or individual in charge of the vessel. 
‘‘(e) AFFIRMATIVE DEFENSES.— 
‘‘(1) IN GENERAL.—It is an affirmative defense 
to a prosecution for a violation of subsection (a), 
which the defendant has the burden to prove by a 
preponderance of the evidence, that the submersible 
vessel or semi-submersible vessel involved was, at the 
time of the offense— 
‘‘(A) a vessel of the United States or law-
fully registered in a foreign nation as claimed 
by the master or individual in charge of the ves-
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sel when requested to make a claim by an offi-
cer of the United States authorized to enforce 
applicable provisions of United States law; 
‘‘(B) classed by and designed in accord-
ance with the rules of a classification society; 
‘‘(C) lawfully operated in government-regu-
lated or licensed activity, including commerce, 
research, or exploration; or 
‘‘(D) equipped with and using an operable 
automatic identification system, vessel moni-
toring system, or long range identification and 
tracking system. 
‘‘(2) PRODUCTION
OF
DOCUMENTS.—The af-
firmative defenses provided by this subsection are 
proved conclusively by the production of— 
‘‘(A) government documents evidencing the 
vessel’s nationality at the time of the offense, as 
provided in article 5 of the 1958 Convention on 
the High Seas; 
‘‘(B) a certificate of classification issued by 
the vessel’s classification society upon comple-
tion of relevant classification surveys and valid 
at the time of the offense; or 
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‘‘(C) government documents evidencing li-
censure, regulation, or registration for com-
merce, research, or exploration. 
‘‘(f) FEDERAL ACTIVITIES EXCEPTED.—Nothing in 
this section applies to lawfully authorized activities carried 
out by or at the direction of the United States Govern-
ment. 
‘‘(g) APPLICABILITY OF OTHER PROVISIONS.—Sec-
tions 70504 and 70505 of title 46 apply to offenses under 
this section in the same manner as they apply to offenses 
under section 70503 of such title. 
‘‘(h) DEFINITIONS.—In this section, the terms ‘sub-
mersible vessel’, ‘semi-submersible vessel’, ‘vessel of the 
United States’, and ‘vessel without nationality’ have the 
meaning given those terms in section 70502 of title 46. 
‘‘SUBCHAPTER E—DESTRUCTION OF, OR IN-
TERFERENCE WITH, VESSELS OR MARI-
TIME FACILITIES 
‘‘1351. Nonapplication of subchapter. 
‘‘1352. Destruction of vessel or maritime facility. 
‘‘1353. Imparting or conveying false information. 
‘‘1354. Bar to prosecution. 
‘‘1355. Bribery affecting port Security. 
‘‘§ 1351. Nonapplication of subchapter 
‘‘Nothing in this subchapter applies to otherwise law-
ful activities carried out by or at the direction of the 
United States Government. 
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‘‘§ 1352. Destruction of vessel or maritime facility 
‘‘(a) OFFENSE.—Whoever, within waters subject to 
the jurisdiction of the United States or outside the United 
States, knowingly— 
‘‘(1) sets fire to, damages, destroys, disables, or 
wrecks any vessel; 
‘‘(2) places or causes to be placed a destructive 
device, as defined in section 581(2), destructive sub-
stance, as defined in section 1311, or an explosive, 
as defined in section 611, in, upon, or near, or oth-
erwise makes or causes to be made unworkable or 
unusable or hazardous to work or use, any vessel, or 
any part or other materials used or intended to be 
used in connection with the operation of a vessel; 
‘‘(3) sets fire to, damages, destroys, or disables 
or places a destructive device or substance in, upon, 
or near, any maritime facility, including any aid to 
navigation, lock, canal, or vessel traffic service facil-
ity or equipment; 
‘‘(4) interferes by force or violence with the op-
eration of any maritime facility, including any aid to 
navigation, lock, canal, or vessel traffic service facil-
ity or equipment, if such action is likely to endanger 
the safety of any vessel in navigation; 
‘‘(5) sets fire to, damages, destroys, or disables 
or places a destructive device or substance in, upon, 
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or near, any appliance, structure, property, machine, 
or apparatus, or any facility or other material used, 
or intended to be used, in connection with the oper-
ation, maintenance, loading, unloading, or storage of 
any vessel or any passenger or cargo carried or in-
tended to be carried on any vessel; 
‘‘(6) performs an act of violence against or in-
capacitates any individual on any vessel, if such act 
of violence or incapacitation is likely to endanger the 
safety of the vessel or those on board; 
‘‘(7) performs an act of violence against a per-
son that causes or is likely to cause serious bodily 
injury in, upon, or near, any appliance, structure, 
property, machine, or apparatus, or any facility or 
other material used, or intended to be used, in con-
nection with the operation, maintenance, loading, 
unloading, or storage of any vessel or any passenger 
or cargo carried or intended to be carried on any 
vessel; or 
‘‘(8) communicates information, knowing the 
information to be false and under circumstances in 
which such information may reasonably be believed, 
thereby endangering the safety of any vessel in navi-
gation; 
shall be imprisoned not more than 20 years. 
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‘‘(b) LIMITATION.—Subsection (a) does not apply to 
any person that is engaging in otherwise lawful activity, 
such as normal repair and salvage activities, and the 
transportation of hazardous materials regulated and al-
lowed to be transported under chapter 51 of title 49. 
‘‘(c) PENALTY.—Whoever is convicted under sub-
section (a) as a result of an act involving a vessel that, 
at the time of the violation, carried high-level radioactive 
waste (as that term is defined in section 2(12) of the Nu-
clear Waste Policy Act of 1982 or spent nuclear fuel (as 
that term is defined in section 2(23) of that Act), shall 
be imprisoned for any term of years or for life. 
‘‘(d) PENALTY WHEN DEATH RESULTS.—Whoever is 
convicted under subsection (a) and intended to cause 
death by the prohibited conduct, if the conduct resulted 
in the death of any person, shall be subject to the death 
penalty or to imprisonment for any term of years or for 
life. 
‘‘(e) THREATS.—Whoever knowingly and inten-
tionally imparts or conveys any threat to do an act which 
would violate this subchapter, with an apparent deter-
mination and will to carry the threat into execution, shall 
be imprisoned not more than 5 years and is liable for all 
costs incurred as a result of such threat. 
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‘‘(f) EXTRATERRITORIAL JURISDICTION.—There is 
extraterritorial jurisdiction over an offense under sub-
section (a). 
‘‘§ 1353. Imparting or conveying false information 
‘‘(a) IN GENERAL.—Whoever imparts or conveys or 
causes to be imparted or conveyed false information, 
knowing the information to be false, concerning an at-
tempt or alleged attempt being made or to be made, to 
do any act that would be a crime prohibited by this sub-
chapter or by subchapter D, shall be subject to a civil pen-
alty of not more than $5,000, which shall be recoverable 
in a civil action brought in the name of the United States. 
‘‘(b) MALICIOUS CONDUCT.—Whoever knowingly, in-
tentionally, maliciously, or with reckless disregard for the 
safety of human life, imparts or conveys or causes to be 
imparted or conveyed false information, knowing the infor-
mation to be false, concerning an attempt or alleged at-
tempt to do any act which would be a crime prohibited 
by this subchapter or by subchapter D, shall be imprisoned 
not more than 5 years. 
‘‘(c) JURISDICTION.—Jurisdiction over an offense 
under this section shall be determined in accordance with 
the provisions applicable to the offense under section 
1352, or under subchapter D, to which the imparted or 
conveyed false information relates, as applicable. 
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‘‘§ 1354. Bar to prosecution 
‘‘(a) IN GENERAL.—It is a bar to prosecution under 
section 1352 or 1353 that— 
‘‘(1) the conduct in question occurred within 
the United States in relation to a labor dispute, and 
such conduct is prohibited as a felony under the law 
of the State in which it was committed; or 
‘‘(2) such conduct is prohibited as a mis-
demeanor, and not as a felony, under the law of the 
State in which it was committed. 
‘‘(b) DEFINITION.—In this section, the term ‘labor 
dispute’ has the meaning given that term in section 13(c) 
of the Act of March 23, 1932 (47 Stat. 70) (commonly 
known as the Norris-LaGuardia Act). 
‘‘§ 1355. Bribery affecting port security 
‘‘(a) IN GENERAL.—Whoever knowingly— 
‘‘(1) directly or indirectly, corruptly gives, of-
fers, or promises anything of value to any public or 
private person, with intent to commit international 
terrorism or domestic terrorism (as those terms are 
defined under section 283), to— 
‘‘(A) influence any action or any person to 
commit or aid in committing, or collude in, or 
allow, any fraud, or make opportunity for the 
commission of any fraud affecting any secure or 
restricted area or seaport; or 
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(relating to firearms trafficking), section 924 
(relating to conspiracy to kill, kidnap, maim, or 
injure certain property in a foreign country), 
section 773 (relating to fraudulent bank en-
tries), section 774 (relating to fraudulent Fed-
eral credit institution entries), section 775 (re-
lating to Federal Deposit Insurance Corpora-
tion transactions), section 779 (relating to 
fraudulent loan or credit applications), section 
787 (relating to computer fraud and abuse), 
section 789 (relating to concealment of assets 
from conservator, receiver, or liquidating agent 
of financial institution), section 102 (relating to 
Federally punishable homicides), section 121 
(relating to kidnapping), section 123 (relating 
to hostage taking), section 1201 (relating to 
Government property or contracts), section 
1203 (relating to buildings or property within 
the special maritime and territorial jurisdic-
tion), section 947 (relating to theft or receipt of 
stolen mail matter generally), section 143 (re-
lating to bank robbery and incidental crimes), 
section 223 (relating to certain activities relat-
ing to material involving the sexual exploitation 
of children and child pornography) where the 
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