[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1318 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 326
114th CONGRESS
  1st Session
                                S. 1318

  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 SENATE OF THE UNITED STATES

                              May 13, 2015

Mr. Grassley (for himself and Mr. Whitehouse) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

                           December 15, 2015

              Reported by Mr. Grassley, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Nuclear Terrorism 
Conventions Implementation and Safety of Maritime Navigation Act of 
2015''.</DELETED>

<DELETED>SEC. 2. TABLE OF CONTENTS.</DELETED>

<DELETED>    The table of contents for this Act is as 
follows:</DELETED>

<DELETED>Sec. 1. Short title.
<DELETED>Sec. 2. Table of contents.
            <DELETED>TITLE I--SAFETY OF MARITIME NAVIGATION

<DELETED>Sec. 101. Violence against maritime navigation.
<DELETED>Sec. 102. Violence against maritime fixed platforms.
<DELETED>Sec. 103. Wiretap predicates.
           <DELETED>TITLE II--PREVENTION OF NUCLEAR TERRORISM

<DELETED>Sec. 201. Acts of nuclear terrorism.
<DELETED>Sec. 202. Prohibited transactions involving nuclear materials.
<DELETED>Sec. 203. Ancillary measures.

       <DELETED>TITLE I--SAFETY OF MARITIME NAVIGATION</DELETED>

<DELETED>SEC. 101. VIOLENCE AGAINST MARITIME NAVIGATION.</DELETED>

<DELETED>    Section 2280 of title 18, United States Code, is amended--
</DELETED>
        <DELETED>    (1) in the section heading, by inserting ``and 
        maritime transport involving weapons of mass destruction'' 
        after ``navigation'';</DELETED>
        <DELETED>    (2) in subsection (a)--</DELETED>
                <DELETED>    (A) in paragraph (1)--</DELETED>
                        <DELETED>    (i) by striking ``A person'' and 
                        inserting ``Subject to the exceptions listed in 
                        subsection (d), a person'';</DELETED>
                        <DELETED>    (ii) by redesignating 
                        subparagraphs (G) and (H) as subparagraphs (J) 
                        and (K), respectively;</DELETED>
                        <DELETED>    (iii) by inserting after 
                        subparagraph (F) the following:</DELETED>
                <DELETED>    ``(G) 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--</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(ii) discharges from a ship oil, 
                        liquefied natural gas, or other 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</DELETED>
                        <DELETED>    ``(iii) uses a ship in a manner 
                        that causes death to any person or serious 
                        injury or damage;</DELETED>
                <DELETED>    ``(H) transports on board a ship--
                </DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(I) such item is 
                                transported to or from the territory 
                                of, or otherwise under the control of, 
                                a Non-Proliferation Treaty State Party; 
                                and</DELETED>
                                <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(I) such item is 
                                transported to or from the territory 
                                of, or otherwise under the control of, 
                                a Non-Proliferation Treaty State Party; 
                                and</DELETED>
                                <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(I) transports another person on board a 
                ship knowing that the person has committed an act that 
                constitutes an offense under subparagraphs (A) through 
                (H), (J), or (K) or an offense set forth in an 
                applicable treaty, as specified in subsection (g)(1), 
                and intending to assist that person to evade criminal 
                prosecution;'';</DELETED>
                        <DELETED>    (iv) in subparagraph (J), as 
                        redesignated, by striking ``subparagraphs (A) 
                        through (F)'' and inserting ``subparagraphs (A) 
                        through (I), or paragraph (2), to the extent 
                        that the offense described in such paragraph 
                        pertains to subparagraph (G)''; and</DELETED>
                        <DELETED>    (v) in subparagraph (K), as 
                        redesignated, by striking ``subparagraphs (A) 
                        through (G)'' and inserting ``any of 
                        subparagraphs (A) through (G) or subparagraph 
                        (J), or conspires to do any act prohibited 
                        under any of subparagraphs (A) through (J) or 
                        paragraph (2)''; and</DELETED>
                <DELETED>    (B) by amending paragraph (2) to read as 
                follows:</DELETED>
        <DELETED>    ``(2) Threats.--A person who threatens, with 
        apparent determination and will to carry the threat into 
        execution--</DELETED>
                <DELETED>    ``(A) to do any act prohibited under 
                subparagraph (B), (C), or (E) of paragraph (1), if the 
                threatened act is likely to endanger the safe 
                navigation of the ship in question; or</DELETED>
                <DELETED>    ``(B) to do any act prohibited under 
                paragraph (1)(G),</DELETED>
        <DELETED>shall be fined under this title, imprisoned not more 
        than 5 years, or both.'';</DELETED>
        <DELETED>    (3) by striking subsection (e);</DELETED>
        <DELETED>    (4) by redesignating subsections (b), (c), and (d) 
        as subsections (c), (e), and (f), respectively;</DELETED>
        <DELETED>    (5) by inserting after subsection (a) the 
        following:</DELETED>
<DELETED>    ``(b) Civil Forfeiture.--</DELETED>
        <DELETED>    ``(1) In general.--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.</DELETED>
        <DELETED>    ``(2) Applicable procedures.--</DELETED>
                <DELETED>    ``(A) In general.--Except as provided 
                under subparagraph (B), seizures and forfeitures under 
                this subsection shall be governed by the provisions 
                relating to civil forfeitures set forth in chapter 
                46.</DELETED>
                <DELETED>    ``(B) Execution of duties.--In carrying 
                out this subsection, the duties 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.'';</DELETED>
        <DELETED>    (6) in subsection (c)(1)(A), as redesignated--
        </DELETED>
                <DELETED>    (A) in clause (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)'';</DELETED>
                <DELETED>    (B) in clause (ii), by inserting ``, 
                including the territorial seas'' after ``in the United 
                States''; and</DELETED>
                <DELETED>    (C) in clause (iii), by inserting ``, by a 
                United States corporation or legal entity,'' after ``by 
                a national of the United States'';</DELETED>
        <DELETED>    (7) by inserting after subsection (c), as 
        redesignated, the following:</DELETED>
<DELETED>    ``(d) Exceptions.--This section shall not apply to--
</DELETED>
        <DELETED>    ``(1) 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</DELETED>
        <DELETED>    ``(2) activities undertaken by military forces of 
        a state in the exercise of their official duties.'';</DELETED>
        <DELETED>    (8) in subsection (e), as redesignated--</DELETED>
                <DELETED>    (A) by inserting ``(except for offenses 
                under subparagraphs (G) through (K) of subsection 
                (a)(1) or under subsection (a)(2) if the predicate is 
                an offense under subparagraphs (G), (H), or (I) of 
                subsection (a)(1))'' after ``subsection (a)''; 
                and</DELETED>
                <DELETED>    (B) by striking ``section 2(c)'' and 
                inserting ``section 13(c)'';</DELETED>
        <DELETED>    (9) in subsection (f), as redesignated, by 
        striking ``Article 3 of the Convention for the Suppression of 
        Unlawful Acts Against the Safety of Maritime Navigation may 
        deliver such person to the authorities of a State Party to that 
        Convention'' and inserting ``subsection (a) 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, done at Rome March 10, 1988''; 
        and</DELETED>
        <DELETED>    (10) by adding at the end the following:</DELETED>
<DELETED>    ``(g) Definitions.--In this section and in section 
2281:</DELETED>
        <DELETED>    ``(1) Applicable treaty.--The term `applicable 
        treaty' means--</DELETED>
                <DELETED>    ``(A) the Convention for the Suppression 
                of Unlawful Seizure of Aircraft, done at The Hague 
                December 16, 1970;</DELETED>
                <DELETED>    ``(B) the Convention for the Suppression 
                of Unlawful Acts against the Safety of Civil Aviation, 
                done at Montreal September 23, 1971;</DELETED>
                <DELETED>    ``(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 December 14, 
                1973;</DELETED>
                <DELETED>    ``(D) International Convention against the 
                Taking of Hostages, adopted by the General Assembly of 
                the United Nations December 17, 1979;</DELETED>
                <DELETED>    ``(E) the Convention on the Physical 
                Protection of Nuclear Material, done at Vienna October 
                26, 1979;</DELETED>
                <DELETED>    ``(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 February 
                24, 1988;</DELETED>
                <DELETED>    ``(G) the Protocol for the Suppression of 
                Unlawful Acts against the Safety of Fixed Platforms 
                Located on the Continental Shelf, done at Rome March 
                10, 1988;</DELETED>
                <DELETED>    ``(H) International Convention for the 
                Suppression of Terrorist Bombings, adopted by the 
                General Assembly of the United Nations December 15, 
                1997; and</DELETED>
                <DELETED>    ``(I) International Convention for the 
                Suppression of the Financing of Terrorism, adopted by 
                the General Assembly of the United Nations December 9, 
                1999.</DELETED>
        <DELETED>    ``(2) Armed conflict.--The term `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.</DELETED>
        <DELETED>    ``(3) Biological weapon.--The term `biological 
        weapon' means--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) weapons, equipment, or means of 
                delivery designed to use such agents or toxins for 
                hostile purposes or in armed conflict.</DELETED>
        <DELETED>    ``(4) Chemical weapon.--The term `chemical weapon' 
        means, together or separately--</DELETED>
                <DELETED>    ``(A) toxic chemicals and their 
                precursors, except where intended for--</DELETED>
                        <DELETED>    ``(i) industrial, agricultural, 
                        research, medical, pharmaceutical, or other 
                        peaceful purposes;</DELETED>
                        <DELETED>    ``(ii) protective purposes, namely 
                        those purposes directly related to protection 
                        against toxic chemicals and to protection 
                        against chemical weapons;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(iv) law enforcement, including 
                        domestic riot control purposes,</DELETED>
                <DELETED>as long as the types and quantities are 
                consistent with such purposes;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(C) any equipment specifically designed 
                for use directly in connection with the employment of 
                munitions and devices specified in subparagraph 
                (B).</DELETED>
        <DELETED>    ``(5) Covered ship.--The term `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.</DELETED>
        <DELETED>    ``(6) Explosive materials.--The term `explosive 
        materials' has the meaning given the term in section 841(c) and 
        includes an explosive (as defined in section 844(j)).</DELETED>
        <DELETED>    ``(7) Infrastructure facility.--The term 
        `infrastructure facility' has the meaning given the term in 
        section 2332f(e)(5).</DELETED>
        <DELETED>    ``(8) International organization.--The term 
        `international organization' has the meaning given the term in 
        section 831(f)(3).</DELETED>
        <DELETED>    ``(9) Military forces of a state.--The term 
        `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.</DELETED>
        <DELETED>    ``(10) National of the united states.--The term 
        `national of the United States' has the meaning given the term 
        in section 101(a)(22) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(22)).</DELETED>
        <DELETED>    ``(11) Non-proliferation treaty.--The term `Non-
        Proliferation Treaty' means the Treaty on the Non-Proliferation 
        of Nuclear Weapons, done at Washington, London, and Moscow July 
        1, 1968.</DELETED>
        <DELETED>    ``(12) Non-proliferation treaty state party.--The 
        term `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.</DELETED>
        <DELETED>    ``(13) Nuclear weapon state party to the non-
        proliferation treaty.--The term `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.</DELETED>
        <DELETED>    ``(14) Place of public use.--The term `place of 
        public use' has the meaning given the term in section 
        2332f(e)(6).</DELETED>
        <DELETED>    ``(15) Precursor.--The term `precursor' has the 
        meaning given the term in section 229F(6)(A).</DELETED>
        <DELETED>    ``(16) Public transportation system.--The term 
        `public transportation system' has the meaning given the term 
        in section 2332f(e)(7).</DELETED>
        <DELETED>    ``(17) Serious injury or damage.--The term 
        `serious injury or damage' means--</DELETED>
                <DELETED>    ``(A) serious bodily injury;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(C) substantial damage to the 
                environment, including air, soil, water, fauna, or 
                flora.</DELETED>
        <DELETED>    ``(18) Ship.--The term `ship'--</DELETED>
                <DELETED>    ``(A) means a vessel of any type 
                whatsoever that is not permanently attached to the sea-
                bed, including dynamically supported craft, 
                submersibles, or any other floating craft; 
                and</DELETED>
                <DELETED>    ``(B) 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.</DELETED>
        <DELETED>    ``(19) Source material; special fissionable 
        material.--The terms `source material' and `special fissionable 
        material' have the meanings given the terms in the 
        International Atomic Energy Agency Statute, done at New York 
        October 26, 1956.</DELETED>
        <DELETED>    ``(20) Territorial sea of the united states.--The 
        term `territorial sea of the United States' means all waters 
        extending seaward to 12 nautical miles from the baselines of 
        the United States, as determined in accordance with 
        international law.</DELETED>
        <DELETED>    ``(21) Toxic chemical.--The term `toxic chemical' 
        has the meaning given the term in section 229F(8)(A).</DELETED>
        <DELETED>    ``(22) Transport.--The term `transport' means to 
        initiate, arrange or exercise effective control, including 
        decisionmaking authority, over the movement of a person or 
        item.</DELETED>
        <DELETED>    ``(23) United states.--The term `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.''.</DELETED>

<DELETED>SEC. 102. VIOLENCE AGAINST MARITIME FIXED PLATFORMS.</DELETED>

<DELETED>    Section 2281 of title 18, United States Code, is amended--
</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) in paragraph (1)--</DELETED>
                        <DELETED>    (i) by redesignating subparagraphs 
                        (E) and (F) as subparagraphs (F) and (G), 
                        respectively;</DELETED>
                        <DELETED>    (ii) by inserting after 
                        subparagraph (D) the following:</DELETED>
                <DELETED>    ``(E) 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--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) discharges from a fixed 
                        platform oil, liquefied natural gas, or another 
                        hazardous or noxious substance that is not 
                        referred to in clause (i), in such quantity or 
                        concentration that causes or is likely to cause 
                        death or serious injury or damage;'';</DELETED>
                        <DELETED>    (iii) in subparagraph (F), as 
                        redesignated, by striking ``(D)'' and inserting 
                        ``(E)''; and</DELETED>
                        <DELETED>    (iv) in subparagraph (G), as 
                        redesignated, by striking ``(E)'' and inserting 
                        ``(F)''; and</DELETED>
                <DELETED>    (B) by amending paragraph (2) to read as 
                follows:</DELETED>
        <DELETED>    ``(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 subparagraph (B) or 
        (C) of paragraph (1), if the threatened act is likely to 
        endanger the safety of the fixed platform, or to do any act 
        prohibited under paragraph (1)(E), shall be fined under this 
        title, imprisoned not more than 5 years, or both.'';</DELETED>
        <DELETED>    (2) by redesignating subsections (c) and (d) as 
        subsections (d) and (e), respectively;</DELETED>
        <DELETED>    (3) by inserting after subsection (b) the 
        following:</DELETED>
<DELETED>    ``(c) Exceptions.--This section shall not apply to--
</DELETED>
        <DELETED>    ``(1) 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</DELETED>
        <DELETED>    ``(2) activities undertaken by military forces of 
        a state in the exercise of their official duties.'';</DELETED>
        <DELETED>    (4) in subsection (d), as redesignated--</DELETED>
                <DELETED>    (A) by inserting ``(except for offenses 
                under subparagraphs (E) through (G) of subsection 
                (a)(1) or under subsection (a)(2) if the predicate is 
                an offense under subsection (a)(1)(E))'' after 
                ``subsection (a)''; and</DELETED>
                <DELETED>    (B) by striking ``section 2(c)'' and 
                inserting ``section 13(c)''; and</DELETED>
        <DELETED>    (5) in subsection (e), as redesignated--</DELETED>
                <DELETED>    (A) by striking ``Sea.'' and inserting 
                ``Sea; and''; and</DELETED>
                <DELETED>    (B) by striking ```national of the United 
                States''' and all that follows.</DELETED>

<DELETED>SEC. 103. WIRETAP PREDICATES.</DELETED>

<DELETED>    Section 2516(1) of title 18, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) in subparagraph (p), by striking ``or'' at the 
        end; and</DELETED>
        <DELETED>    (2) in subparagraph (q), by inserting ``, section 
        2280 or 2281 (relating to maritime safety),'' after 
        ``weapons)''.</DELETED>

      <DELETED>TITLE II--PREVENTION OF NUCLEAR TERRORISM</DELETED>

<DELETED>SEC. 201. ACTS OF NUCLEAR TERRORISM.</DELETED>

<DELETED>    (a) In General.--Chapter 113B of title 18, United States 
Code, is amended by adding after section 2332h the following:</DELETED>
<DELETED>``Sec. 2332i. Acts of nuclear terrorism</DELETED>
<DELETED>    ``(a) Offenses.--</DELETED>
        <DELETED>    ``(1) In general.--Any person who knowingly and 
        unlawfully--</DELETED>
                <DELETED>    ``(A) possesses radioactive material or 
                makes or possesses a device--</DELETED>
                        <DELETED>    ``(i) with the intent to cause 
                        death or serious bodily injury; or</DELETED>
                        <DELETED>    ``(ii) with the intent to cause 
                        substantial damage to property or the 
                        environment; or</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(iii) with the intent to compel 
                        a person, an international organization, or a 
                        country to do or refrain from doing an 
                        act,</DELETED>
                <DELETED>shall be punished as prescribed in subsection 
                (c).</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(3) Attempts and conspiracies.--Any person who 
        attempts to commit an offense described in paragraph (1) or 
        conspires to commit an offense described in paragraph (1) or 
        (2) shall be punished as prescribed in subsection 
        (c).</DELETED>
<DELETED>    ``(b) Jurisdiction.--Conduct prohibited under subsection 
(a) is within the jurisdiction of the United States if--</DELETED>
        <DELETED>    ``(1) the prohibited conduct takes place in the 
        United States or the special aircraft jurisdiction of the 
        United States;</DELETED>
        <DELETED>    ``(2) the prohibited conduct takes place outside 
        of the United States and--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(4) a perpetrator of the prohibited conduct is 
        found in the United States.</DELETED>
<DELETED>    ``(c) Penalties.--Any person who violates this section 
shall be punished as provided under section 2332a(a).</DELETED>
<DELETED>    ``(d) Nonapplicability.--This section does not apply to--
</DELETED>
        <DELETED>    ``(1) 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</DELETED>
        <DELETED>    ``(2) activities undertaken by military forces of 
        a state in the exercise of their official duties.</DELETED>
<DELETED>    ``(e) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Armed conflict.--The term `armed conflict' 
        has the meaning given the term in section 
        2332f(e)(11).</DELETED>
        <DELETED>    ``(2) Device.--The term `device' means--</DELETED>
                <DELETED>    ``(A) any nuclear explosive device; 
                or</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) International organization.--The term 
        `international organization' has the meaning given the term in 
        section 831(f)(3).</DELETED>
        <DELETED>    ``(4) Military forces of a state.--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.</DELETED>
        <DELETED>    ``(5) National of the united states.--The term 
        `national of the United States' has the meaning given the term 
        in section 101(a)(22) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(22)).</DELETED>
        <DELETED>    ``(6) Nuclear facility.--The term `nuclear 
        facility' means--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(B) any plant or conveyance being used 
                for the production, storage, processing or transport of 
                radioactive material; or</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(7) Nuclear material.--The term `nuclear 
        material' has the meaning given the term in section 
        831(f)(1).</DELETED>
        <DELETED>    ``(8) Radioactive material.--The term `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.</DELETED>
        <DELETED>    ``(9) Serious bodily injury.--The term `serious 
        bodily injury' has the meaning given the term in section 
        831(f)(4).</DELETED>
        <DELETED>    ``(10) State.--The term `state' has the meaning 
        given the term under international law, and includes all 
        political subdivisions of the state.</DELETED>
        <DELETED>    ``(11) State or government facility.--The term 
        `state or government facility' has the meaning given the term 
        in section 2332f(e)(3).</DELETED>
        <DELETED>    ``(12) United states corporation or legal 
        entity.--The term `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.</DELETED>
        <DELETED>    ``(13) Vessel.--The term `vessel' has the meaning 
        given the term in section 1502(19) of title 33.</DELETED>
        <DELETED>    ``(14) Vessel of the united states.--The term 
        `vessel of the United States' has the meaning given the term in 
        section 70502 of title 46.''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``2332i. Acts of nuclear terrorism.''.
<DELETED>    (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.</DELETED>

<DELETED>SEC. 202. PROHIBITED TRANSACTIONS INVOLVING NUCLEAR 
              MATERIALS.</DELETED>

<DELETED>    Section 831 of title 18, United States Code, is amended--
</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) by redesignating paragraphs (3) 
                through (8) as paragraphs (4) through (9), 
                respectively;</DELETED>
                <DELETED>    (B) by inserting after paragraph (2) the 
                following:</DELETED>
        <DELETED>    ``(3) without lawful authority, intentionally 
        carries, sends or moves nuclear material into or out of a 
        country;'';</DELETED>
                <DELETED>    (C) in paragraph (8), as redesignated, by 
                striking ``an offense under paragraph (1), (2), (3), or 
                (4)'' and inserting ``any act prohibited under 
                paragraphs (1) through (5)''; and</DELETED>
                <DELETED>    (D) in paragraph (9), as redesignated, by 
                striking ``an offense under paragraph (1), (2), (3), or 
                (4)'' and inserting ``any act prohibited under 
                paragraphs (1) through (7)'';</DELETED>
        <DELETED>    (2) in subsection (b)--</DELETED>
                <DELETED>    (A) in paragraph (1), by striking ``(7)'' 
                and inserting ``(8)''; and</DELETED>
                <DELETED>    (B) in paragraph (2), by striking ``(8)'' 
                and inserting ``(9)'';</DELETED>
        <DELETED>    (3) in subsection (c)--</DELETED>
                <DELETED>    (A) in subparagraph (2)(A), by inserting 
                ``or a stateless person whose habitual residence is in 
                the United States'' after ``United States'';</DELETED>
                <DELETED>    (B) in paragraph (4), by striking ``or'' 
                at the end; and</DELETED>
                <DELETED>    (C) by striking paragraph (5) and 
                inserting the following:</DELETED>
        <DELETED>    ``(5) the offense is committed outside the United 
        States and against any state or government facility of the 
        United States;</DELETED>
        <DELETED>    ``(6) the offense is committed on board--
        </DELETED>
                <DELETED>    ``(A) 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</DELETED>
                <DELETED>    ``(B) an aircraft that is registered under 
                United States law at the time the offense is committed; 
                or</DELETED>
        <DELETED>    ``(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.'';</DELETED>
        <DELETED>    (4) by redesignating subsections (d), (e), and (f) 
        as subsections (e), (f), and (g), respectively;</DELETED>
        <DELETED>    (5) by inserting after subsection (c) the 
        following:</DELETED>
<DELETED>    ``(d) Nonapplicability.--This section shall not apply to--
</DELETED>
        <DELETED>    ``(1) 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</DELETED>
        <DELETED>    ``(2) activities undertaken by military forces of 
        a state in the exercise of their official duties.''; 
        and</DELETED>
        <DELETED>    (6) in subsection (g), as redesignated--</DELETED>
                <DELETED>    (A) by redesignating paragraphs (1), (2), 
                (4), (5), (6), and (7) as paragraphs (7), (6), (8), 
                (2), (5), and (11), respectively;</DELETED>
                <DELETED>    (B) by inserting before paragraph (2), as 
                redesignated, the following:</DELETED>
        <DELETED>    ``(1) the term `armed conflict' has the meaning 
        given the term in section 2332f(e)(11);'';</DELETED>
                <DELETED>    (C) by inserting after paragraph (3) the 
                following:</DELETED>
        <DELETED>    ``(4) 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;'';</DELETED>
                <DELETED>    (D) in paragraph (5), as redesignated, by 
                striking ``and'' at the end;</DELETED>
                <DELETED>    (E) by inserting after paragraph (8), as 
                redesignated, the following:</DELETED>
        <DELETED>    ``(9) the term `state' has the meaning given the 
        term under international law, and includes all political 
        subdivisions thereof;</DELETED>
        <DELETED>    ``(10) the term `state or government facility' has 
        the meaning given the term in section 2332f(e)(3);'';</DELETED>
                <DELETED>    (F) in paragraph (11), as redesignated, by 
                striking the period at the end and inserting ``; and''; 
                and</DELETED>
                <DELETED>    (G) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(12) the term `vessel of the United States' has 
        the meaning given the term in section 70502 of title 
        46.''.</DELETED>

<DELETED>SEC. 203. ANCILLARY MEASURES.</DELETED>

<DELETED>    (a) Federal Crime of Terrorism.--Section 2332b(g)(5)(B)(i) 
of title 18, United States Code, is amended by inserting ``2332i 
(relating to acts of nuclear terrorism),'' after ``2332h (relating to 
radiological dispersal devices),''.</DELETED>
<DELETED>    (b) Providing Material Support to Terrorists Predicate.--
Section 2339A(a) of title 18, United States Code, is amended by 
inserting ``2332i,'' after ``2332f,''.</DELETED>
<DELETED>    (c) Wiretap Predicates.--Section 2516(1)(q) of title 18, 
United States Code, as amended by section 103 of this Act, is further 
amended by inserting ``, 2332i,'' after ``2332h''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nuclear Terrorism Conventions 
Implementation and Safety of Maritime Navigation Act of 2015''.

SEC. 2. PENALTIES FOR MARITIME OFFENSES.

    (a) Penalties for Violence Against Maritime Navigation.--Section 
2280a(a)(1) of title 18, United States Code, is amended, in the 
undesignated matter following subparagraph (E), by inserting ``punished 
by death or'' before ``imprisoned for any term''.
    (b) Penalties for Offenses Against Maritime Fixed Platforms.--
Section 2281a(a)(1) of such title is amended, in the undesignated 
matter following subparagraph (C), by inserting ``punished by death 
or'' before ``imprisoned for any term''.

SEC. 3. PENALTIES FOR ACTS OF NUCLEAR TERRORISM.

    Section 2332i(c) of title 18, United States Code, is amended to 
read as follows:
    ``(c) Penalties.--Any person who violates this section shall be 
punished as provided under section 2332a(a).''.

SEC. 4. PROVIDING MATERIAL SUPPORT TO TERRORISTS PREDICATES.

    (a) Maritime Offenses.--Section 2339A(a) of title 18, United States 
Code, is amended--
            (1) by inserting ``2280a,'' after ``2280,''; and
            (2) by inserting ``2281a,'' after ``2281,''.
    (b) Acts of Nuclear Terrorism.--Section 2339A(a) of such title, as 
amended by subsection (a), is further amended by inserting ``2332i,'' 
after ``2332f,''.

SEC. 5. WIRETAP AUTHORIZATION PREDICATES.

    (a) Maritime Offenses.--Section 2516(1) of title 18, United States 
Code, is amended--
            (1) in paragraph (p), by striking ``or'' at the end; and
            (2) in paragraph (q), by inserting ``, section 2280, 2280a, 
        2281, or 2281a (relating to maritime safety),'' after 
        ``weapons)''.
    (b) Acts of Nuclear Terrorism.--Section 2516(1)(q) of such title, 
as amended by subsection (a)(2), is further amended by inserting ``, 
2332i,'' after ``2332h''.

SEC. 6. SENSE OF THE SENATE.

    It is the sense of the Senate that--
            (1) the United States must not bar individuals from 
        entering into the United States based on their religion, as 
        such action would be contrary to the fundamental principles on 
        which this Nation was founded; and
            (2) the individual right of the American people to keep and 
        bear arms, as recognized by the Second Amendment to the 
        Constitution of the United States, as incorporated by the 
        Fourteenth Amendment to the States, and as interpreted by the 
        Supreme Court of the United States in District of Columbia v. 
        Heller and McDonald v. Chicago, is among those fundamental 
        rights necessary to our system of ordered liberty and deeply 
        rooted in this Nation's history and tradition, such that any 
        violation of this precious right would be contrary to the 
        fundamental principles upon which this Nation was founded.
                                                       Calendar No. 326

114th CONGRESS

  1st Session

                                S. 1318

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           December 15, 2015

                       Reported with an amendment