‘‘(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 deliv-
ering such person to the authorities of another country, 
the master shall notify in an appropriate manner the At-
torney 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 coun-
try 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 
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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 fa-
cilitate 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 for-
feitures under this section shall be governed by the provi-
sions of chapter 46 of title 18, United States Code, relat-
ing to civil forfeitures, except that such duties as are im-
posed upon the Secretary of the Treasury under the cus-
toms laws described in section 981(d) shall be performed 
by such officers, agents, and other persons as may be des-
ignated for that purpose by the Secretary of Homeland 
Security, the Attorney General, or the Secretary of De-
fense.’’. 
SEC. 802. NEW SECTION 2280A OF TITLE 18, UNITED STATES 
CODE. 
(a) IN GENERAL.—Chapter 111 of title 18, United 
States Code, is amended by adding after section 2280 the 
following new section: 
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‘‘§ 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 inten-
tionally— 
‘‘(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 dis-
charges from a ship any explosive or radio-
active material, biological, chemical, or nu-
clear weapon or other nuclear explosive de-
vice 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, lique-
fied natural gas, or another hazardous or 
noxious substance that is not covered by 
clause (i), in such quantity or concentra-
tion that causes or is likely to cause death 
to any person or serious injury or damage; 
or 
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100 
‘‘(iii) uses a ship in a manner that 
causes death to any person or serious in-
jury or damage; 
‘‘(B) transports on board a ship— 
‘‘(i) any explosive or radioactive mate-
rial, 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 inter-
national organization to do or to abstain 
from doing any act; 
‘‘(ii) any biological, chemical, or nu-
clear weapon or other nuclear explosive de-
vice, knowing it to be a biological, chem-
ical, or nuclear weapon or other nuclear 
explosive device; 
‘‘(iii) any source material, special fis-
sionable material, or equipment or material 
especially designed or prepared for the 
processing, use, or production of special 
fissionable material, knowing that it is in-
tended to be used in a nuclear explosive ac-
tivity or in any other nuclear activity not 
under safeguards pursuant to an Inter-
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101 
national Atomic Energy Agency com-
prehensive safeguards agreement, except 
where— 
‘‘(I) such item is transported to 
or from the territory of, or otherwise 
under the control of, a Non-Prolifera-
tion Treaty State Party; and 
‘‘(II) the resulting transfer or re-
ceipt (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 signifi-
cantly contributes to the design or manu-
facture of a nuclear weapon or other nu-
clear explosive device, with the intention 
that it will be used for such purpose, ex-
cept where— 
‘‘(I) the country to the territory 
of which or under the control of which 
such item is transferred is a Nuclear 
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102 
Weapon State Party to the Non-Pro-
liferation Treaty; and 
‘‘(II) the resulting transfer or re-
ceipt (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 signifi-
cantly contributes to the delivery of a nu-
clear weapon or other nuclear explosive de-
vice, 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-Prolifera-
tion Treaty State Party; and 
‘‘(II) such item is intended for 
the delivery system of a nuclear weap-
on or other nuclear explosive device of 
a Nuclear Weapon State Party to the 
Non-Proliferation Treaty; or 
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