IB 
Union Calendar No. 395 
112TH CONGRESS 
2D SESSION 
H. R. 5889 
[Report No. 112–551] 
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 
JUNE 5, 2012 
Mr. SMITH of Texas (for himself, Mr. CONYERS, Mr. SENSENBRENNER, and 
Mr. SCOTT of Virginia) introduced the following bill; which was referred 
to the Committee on the Judiciary 
JUNE 26, 2012 
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 protec-
tion of maritime navigation and prevention of nuclear 
terrorism, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Nuclear Terrorism 
Conventions Implementation and Safety of Maritime Navi-
gation Act of 2012’’. 
TITLE I—SAFETY OF MARITIME 
NAVIGATION 
SEC. 101. AMENDMENT TO SECTION 2280 OF TITLE 18, 
UNITED STATES CODE. 
Section 2280 of title 18, United States Code, is 
amended— 
(1) in subsection (b)— 
(A) in paragraph (1)(A)(i), by striking ‘‘a 
ship flying the flag of the United States’’ and 
inserting ‘‘a vessel of the United States or a 
vessel subject to the jurisdiction of the United 
States (as defined in section 70502 of title 
46)’’; 
(B) in paragraph (1)(A)(ii), by inserting ‘‘, 
including the territorial seas’’ after ‘‘in the 
United States’’; and 
(C) in paragraph (1)(A)(iii), by inserting 
‘‘, by a United States corporation or legal enti-
ty,’’ after ‘‘by a national of the United States’’; 
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(2) in subsection (c), by striking ‘‘section 2(c)’’ 
and inserting ‘‘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’ means— 
‘‘(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 Avia-
tion, 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 Decem-
ber 1979; 
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‘‘(3) ‘biological weapon’ means— 
‘‘(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 de-
livery designed to use such agents or toxins for 
hostile purposes or in armed conflict; 
‘‘(4) ‘chemical weapon’ means, together or sepa-
rately— 
‘‘(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 prop-
erties of chemicals as a method of warfare; 
or 
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‘‘(iv) law enforcement including do-
mestic riot control purposes, 
as long as the types and quantities are con-
sistent with such purposes; 
‘‘(B) munitions and devices, specifically de-
signed 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 employ-
ment of munitions and devices specified in sub-
paragraph (B); 
‘‘(5) ‘covered ship’ means a ship that is navi-
gating or is scheduled to navigate 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; 
‘‘(6) ‘explosive material’ has the meaning given 
the term in section 841(c) and includes explosive as 
defined in section 844(j) of this title; 
‘‘(7) ‘infrastructure facility’ has the meaning 
given the term in section 2332f(e)(5) of this title; 
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‘‘(8) ‘international organization’ has the mean-
ing given the term in section 831(f)(3) of this title; 
‘‘(9) ‘military forces of a state’ means the 
armed forces of a state which are organized, 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 responsi-
bility; 
‘‘(10) ‘national of the United States’ has the 
meaning stated in section 101(a)(22) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(22)); 
‘‘(11) ‘Non-Proliferation Treaty’ means the 
Treaty on the Non-Proliferation of Nuclear Weap-
ons, done at Washington, London, and Moscow on 
1 July 1968; 
‘‘(12) ‘Non-Proliferation Treaty State Party’ 
means any State Party to the Non-Proliferation 
Treaty, to include Taiwan, which shall be considered 
to have the obligations under the Non-Proliferation 
Treaty of a party to that treaty other than a Nu-
clear Weapon State Party to the Non-Proliferation 
Treaty; 
‘‘(13) ‘Nuclear Weapon State Party to the Non- 
Proliferation Treaty’ means a State Party to the 
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Non-Proliferation Treaty that is a nuclear-weapon 
State, as that term is defined in Article IX(3) of the 
Non-Proliferation Treaty; 
‘‘(14) ‘place of public use’ has the meaning 
given the term in section 2332f(e)(6) of this title; 
‘‘(15) ‘precursor’ has the meaning given the 
term in section 229F(6)(A) of this title; 
‘‘(16) ‘public transport system’ has the meaning 
given the term in section 2332f(e)(6) of this title; 
‘‘(17) ‘serious injury or damage’ means— 
‘‘(A) serious bodily injury, 
‘‘(B) extensive destruction of a place of 
public use, State or government facility, infra-
structure facility, or public transportation sys-
tem, resulting in major economic loss, or 
‘‘(C) substantial damage to the environ-
ment, including air, soil, water, fauna, or flora; 
‘‘(18) ‘ship’ means a vessel of any type whatso-
ever not permanently attached to the sea-bed, in-
cluding dynamically supported craft, submersibles, 
or any other floating craft, but does not include a 
warship, a ship owned or operated by a government 
when being used as a naval auxiliary or for customs 
or police purposes, or a ship which has been with-
drawn from navigation or laid up; 
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‘‘(19) ‘source material’ has the meaning given 
that term in the International Atomic Energy Agen-
cy Statute, done at New York on 26 October 1956; 
‘‘(20) ‘special fissionable material’ has the 
meaning given that term in the International Atomic 
Energy Agency Statute, done at New York on 26 
October 1956; 
‘‘(21) ‘territorial sea of the United States’ 
means all waters extending seaward to 12 nautical 
miles from the baselines of the United States deter-
mined in accordance with international law; 
‘‘(22) ‘toxic chemical’ has the meaning given 
the term in section 229F(8)(A) of this title; 
‘‘(23) ‘transport’ means to initiate, arrange or 
exercise effective control, including decisionmaking 
authority, over the movement of a person or item; 
and 
‘‘(24) ‘United States’, when used in a geo-
graphical sense, includes the Commonwealth of 
Puerto Rico, the Commonwealth of the Northern 
Mariana Islands, and all territories and possessions 
of the United States.’’; and 
(5) inserting after subsection (d) (as added by 
paragraph (4) of this section) the following: 
‘‘(e) EXCEPTIONS.—This section shall not apply to— 
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‘‘(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. 102. NEW SECTION 2280a OF TITLE 18, UNITED STATES 
CODE. 
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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‘‘(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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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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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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‘‘(vi) any equipment, materials, or 
software or related technology that signifi-
cantly contributes to the design, manufac-
ture, 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 appli-
cable 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 connec-
tion with the commission or the attempted com-
mission of any of the offenses set forth in sub-
paragraphs (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 con-
spires to do any act prohibited by subpara-
graphs (A) through (E) or subsection (a)(2), 
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shall be fined under this title, imprisoned not more 
than 20 years, or both; and if the death of any per-
son results from conduct prohibited by this para-
graph, 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 para-
graph (1)(A) shall be fined under this title, impris-
oned 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 de-
fined in section 70502 of title 46) at the 
time the prohibited activity is committed; 
‘‘(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; 
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‘‘(B) during the commission of such activ-
ity, 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 sched-
uled 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 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. 
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‘‘(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. 103. AMENDMENTS TO SECTION 2281 OF TITLE 18, 
UNITED STATES CODE. 
Section 2281 of title 18, United States Code, is 
amended— 
(1) in subsection (c), by striking ‘‘section 2(c)’’ 
and inserting ‘‘section 13(c)’’; 
(2) in subsection (d), by striking the definitions 
of ‘‘national of the United States,’’ ‘‘territorial sea 
of the United States,’’ and ‘‘United States’’; and 
(3) by inserting after subsection (d) the fol-
lowing: 
‘‘(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 
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‘‘(2) activities undertaken by military forces of 
a state in the exercise of their official duties.’’. 
SEC. 104. NEW SECTION 2281a OF TITLE 18, UNITED STATES 
CODE. 
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 plat-
form or discharges from a fixed platform 
any explosive or radioactive material, bio-
logical, 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 haz-
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ardous 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 connec-
tion with the commission or the attempted com-
mission of any of the offenses set forth in sub-
paragraph (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 prohib-
ited 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; 
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‘‘(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’ means the sea-bed and 
subsoil of the submarine areas that extend beyond a 
country’s territorial sea to the limits provided by 
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customary international law as reflected in Article 
76 of the 1982 Convention on the Law of the Sea; 
and 
‘‘(2) ‘fixed platform’ means an artificial island, 
installation, or structure permanently attached to 
the sea-bed for the purpose of exploration or exploi-
tation of resources or for other economic purposes.’’. 
SEC. 105. ANCILLARY MEASURE. 
Section 2332b(g)(5)(B) of title 18, United States 
Code, is amended by inserting ‘‘2280a (relating to mari-
time safety)’’ before ‘‘2281’’, and by striking ‘‘2281’’ and 
inserting ‘‘2281 through 2281a’’. 
TITLE II—PREVENTION OF 
NUCLEAR TERRORISM 
SEC. 201. NEW SECTION 2332I OF TITLE 18. 
(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— 
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‘‘(i) with the intent to cause death or 
serious bodily injury; or 
‘‘(ii) with the intent to cause substan-
tial damage to property or the environ-
ment; 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 se-
rious bodily injury; 
‘‘(ii) with the intent to cause substan-
tial damage to property or the environment 
or with the knowledge that such act is like-
ly to cause substantial damage to property 
or the environment; or 
‘‘(iii) with the intent to compel a per-
son, an international organization or a 
country to do or refrain from doing an act, 
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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 radio-
active material, a device or a nuclear facility by 
threat or by use of force shall be punished as pre-
scribed 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 sub-
section (c). 
‘‘(b) JURISDICTION.—Conduct prohibited by sub-
section (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 
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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 jurisdic-
tion of the United States (as defined in section 
70502 of title 46) or on board an aircraft that 
is registered under United States law, at the 
time the offense is committed; or 
‘‘(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 vic-
tim 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 impris-
oned for any term of years or for life. 
‘‘(d) NONAPPLICABILITY.—This section does not 
apply to— 
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‘‘(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, 
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; 
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‘‘(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; 
‘‘(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 
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