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‘‘(c) PENALTIES.—Whoever violates this section shall 
be fined not more than $2,000,000 and shall be impris-
oned 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’ has the meaning given 
that term in section 2332f(e)(11) of this title; 
‘‘(2) ‘device’ means: 
‘‘(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’ has the mean-
ing given that term in section 831(f)(3) of this title; 
‘‘(4) ‘military forces of a state’ means the 
armed forces of a country that are organized, 
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trained and equipped under its internal law for the 
primary purpose of national defense or security and 
persons acting in support of those armed forces who 
are under their formal command, control and re-
sponsibility; 
‘‘(5) ‘national of the United States’ has the 
meaning given that term in section 101(a)(22) of 
the Immigration and Nationality Act (8 U.S.C. 
1101(a)(22)); 
‘‘(6) ‘nuclear facility’ means: 
‘‘(A) any nuclear reactor, including reac-
tors on vessels, vehicles, aircraft or space ob-
jects 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 trans-
port of radioactive material; or 
‘‘(C) a facility (including associated build-
ings 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 signifi-
cant amounts of radiation or radioactive mate-
rial; 
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‘‘(7) ‘nuclear material’ has the meaning given 
that term in section 831(f)(1) of this title; 
‘‘(8) ‘radioactive material’ means nuclear mate-
rial and other radioactive substances that contain 
nuclides that undergo spontaneous disintegration (a 
process accompanied by emission of one or more 
types of ionizing radiation, such as alpha-, beta-, 
neutron particles and gamma rays) and that may, 
owing to their radiological or fissile properties, cause 
death, serious bodily injury or substantial damage to 
property or to the environment; 
‘‘(9) ‘serious bodily injury’ has the meaning 
given that term in section 831(f)(4) of this title; 
‘‘(10) ‘state’ has the same meaning as that 
term has under international law, and includes all 
political subdivisions thereof; 
‘‘(11) ‘state or government facility’ has the 
meaning given that term in section 2332f(e)(3) of 
this title; 
‘‘(12) ‘United States corporation or legal entity’ 
means any corporation or other entity organized 
under the laws of the United States or any State, 
Commonwealth, territory, possession or district of 
the United States; 
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‘‘(13) ‘vessel’ has the meaning given that term 
in section 1502(19) of title 33; and 
‘‘(14) ‘vessel of the United States’ has the 
meaning given that term in section 70502 of title 
46.’’. 
(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. 
SEC. 202. AMENDMENT TO SECTION 831 OF TITLE 18 OF THE 
U.S. CODE. 
Section 831 of title 18, United States Code, is 
amended— 
(a) in subsection (a)— 
(1) by redesignating paragraphs (3) through 
(8) as (4) through (9); 
(2) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) without lawful authority, intentionally car-
ries, sends or moves nuclear material into or out of 
a country;’’; 
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(3) in paragraph (8), as redesignated, by strik-
ing ‘‘an offense under paragraph (1), (2), (3), or 
(4)’’ and inserting ‘‘any act prohibited under para-
graphs (1) through (5)’’; and 
(4) in paragraph (9), as redesignated, by strik-
ing ‘‘an offense under paragraph (1), (2), (3), or 
(4)’’ and inserting ‘‘any act prohibited under para-
graphs (1) through (7)’’; 
(b) in subsection (b)— 
(1) in paragraph (1), by striking ‘‘(7)’’ and in-
serting ‘‘(8)’’; and 
(2) in paragraph (2), by striking ‘‘(8)’’ and in-
serting ‘‘(9)’’; 
(c) in subsection (c)— 
(1) in subparagraph (2)(A), by adding after 
‘‘United States’’ the following: ‘‘or a stateless person 
whose habitual residence is in the United States’’; 
(2) by striking paragraph (5); 
(3) in paragraph (4), by striking ‘‘or’’ at the 
end; 
(4) by inserting after paragraph (4), the fol-
lowing: 
‘‘(5) the offense is committed on board a vessel 
of the United States or a vessel subject to the juris-
diction of the United States (as defined in section 
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70502 of title 46) or on board an aircraft that is 
registered under United States law, at the time the 
offense is committed; 
‘‘(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’’ at the 
end; 
(2) in paragraph (7), by striking the period at 
the end and inserting a semicolon; and 
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