[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5889 Reported in House (RH)]

                                                 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


_______________________________________________________________________

                                 A BILL


 
  To amend title 18, United States Code, to provide for protection of 
maritime navigation and prevention of nuclear terrorism, and for other 
                               purposes.


 


    Be it enacted by the Senate and House of Representatives 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 Navigation 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 entity,'' after ``by 
                a national of the United States'';
            (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 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' does not include internal 
        disturbances and tensions, such as riots, isolated and sporadic 
        acts of violence, and other acts of a similar nature;
            ``(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 delivery 
                designed to use such agents or toxins for hostile 
                purposes or in armed conflict;
            ``(4) `chemical weapon' means, together or separately--
                    ``(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' means a ship that is navigating 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;
            ``(8) `international organization' has the meaning 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 
        responsibility;
            ``(10) `national of the United States' has the meaning 
        stated in section 101(a)(22) of the Immigration and Nationality 
        Act (8 U.S.C. 1101(a)(22));
            ``(11) `Non-Proliferation Treaty' means the Treaty on the 
        Non-Proliferation of Nuclear Weapons, 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 
        Nuclear Weapon State Party to the Non-Proliferation Treaty;
            ``(13) `Nuclear Weapon State Party to the Non-Proliferation 
        Treaty' means a State Party to the 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, 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' means a vessel of any type whatsoever not 
        permanently attached to the sea-bed, including 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 withdrawn from 
        navigation or laid up;
            ``(19) `source material' has the meaning given that term in 
        the International Atomic Energy Agency 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 determined 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 geographical 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--
            ``(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 of title 18, 
United States Code, relating to civil forfeitures, except that such 
duties as are imposed upon the Secretary of the Treasury under the 
customs laws described in section 981(d) shall be performed by such 
officers, agents, and other persons as may be designated for that 
purpose by the Secretary of Homeland Security, the Attorney General, or 
the Secretary of Defense.''.

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:
``Sec. 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 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;
                    ``(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 of title 18, 
United States Code, relating to civil forfeitures, except that such 
duties as are imposed upon the Secretary of the Treasury under the 
customs laws described in section 981(d) shall be performed by such 
officers, agents, and other persons as may be designated for that 
purpose by the Secretary of Homeland Security, the Attorney General, or 
the Secretary of Defense.''.

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 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.''.

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:
``Sec. 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' means the sea-bed and subsoil of 
        the submarine areas that extend beyond a country's territorial 
        sea to the limits provided by 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 exploitation 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 maritime 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:
``Sec. 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 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 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' 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 meaning 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 responsibility;
            ``(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 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' has the meaning given that term in 
        section 831(f)(1) of this title;
            ``(8) `radioactive material' means nuclear material 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;
            ``(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 following:
            ``(3) without lawful authority, intentionally carries, 
        sends or moves nuclear material into or out of a country;'';
            (3) in redesignated paragraph (8), by striking ``an offense 
        under paragraph (1), (2), (3), or (4)'' and inserting ``any act 
        prohibited under paragraphs (1) through (5)''; and
            (4) in redesignated paragraph (9), by striking ``an offense 
        under paragraph (1), (2), (3), or (4)'' and inserting ``any act 
        prohibited under paragraphs (1) through (7)'';
    (b) in subsection (b)--
            (1) in paragraph (1), by striking ``(7)'' and inserting 
        ``(8)''; and
            (2) in paragraph (2), by striking ``(8)'' and inserting 
        ``(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 the final ``or'';
            (4) by inserting after paragraph (4):
            ``(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 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) redesignating subsections (d) through (f) as (e) through (g), 
respectively;
    (e) 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 redesignated subsection (g)--
            (1) in paragraph (6), by striking the final ``and'';
            (2) in paragraph (7), by striking the final period and 
        inserting a semicolon; and
            (3) by inserting after paragraph 7 the following:
            ``(8) the term `armed conflict' has the meaning given that 
        term in section 2332f(e)(11) of this title;
            ``(9) the term `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 
        responsibility;
            ``(10) the term `state' has the same meaning as that term 
        has under international law, and includes all political 
        subdivisions thereof;
            ``(11) the term `state or government facility' has the 
        meaning given that term in 2332f(e)(3) of this title; and
            ``(12) the term `vessel of the United States' has the 
        meaning given that term in section 70502 of title 46.''.
                                                 Union Calendar No. 395

112th CONGRESS

  2d Session

                               H. R. 5889

                          [Report No. 112-551]

_______________________________________________________________________

                                 A BILL

  To amend title 18, United States Code, to provide for protection of 
maritime navigation and prevention of nuclear terrorism, and for other 
                               purposes.

_______________________________________________________________________

                             June 26, 2012

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed