[House Report 113-85]
[From the U.S. Government Publishing Office]
113th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 113-85
======================================================================
NUCLEAR TERRORISM CONVENTIONS IMPLEMENTATION AND SAFETY OF MARITIME
NAVIGATION ACT OF 2013
_______
May 20, 2013.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Goodlatte, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 1073]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 1073) to amend title 18, United States Code, to
provide for protection of maritime navigation and prevention of
nuclear terrorism, and for other purposes, having considered
the same, report favorably thereon without amendment and
recommend that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 1
Background and Need for the Legislation.......................... 2
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
New Budget Authority and Tax Expenditures........................ 3
Congressional Budget Office Cost Estimate........................ 3
Duplication of Federal Programs.................................. 5
Disclosure of Directed Rule Makings.............................. 5
Performance Goals and Objectives................................. 5
Advisory on Earmarks............................................. 5
Section-by-Section Analysis...................................... 5
Agency Views..................................................... 13
Changes in Existing Law Made by the Bill, as Reported............ 15
Purpose and Summary
This bill implements certain provisions of four
multilateral counterterrorism treaties. These treaties are
important tools in the fight against terrorism and each one
builds on an existing treaty to which the United States is a
party. This implementing legislation enhances U.S. national
security by modernizing and strengthening the international
counterterrorism and counter proliferation legal framework and
improving multilateral efforts to combat terrorism and nuclear
proliferation. This legislation and the underlying treaties
also complement important United States priorities such as the
Global Initiative to Combat Nuclear Terrorism, the Washington
Nuclear Security Summit, and the Proliferation Security
Initiative.
Background and Need for the Legislation
H.R. 1073 amends various provisions of the Federal criminal
code to implement the obligations of certain treaties to which
the United States is a party. The treaties are widely
supported, including by the U.S. Departments of State, Justice,
and Defense. The Committee believes that adoption of this
legislation to implement the subject treaties will reinforce
the United States' leading role in promoting these and other
counterterrorism treaties and will prompt other States Parties
to join. Adoption of this legislation will implement the
provisions of the following treaties and is a necessary step
toward ratification of the treaties. The treaties are:
1. LThe International Convention for the Suppression of
Acts of Nuclear Terrorism (``Nuclear Terrorism Convention'' or
``NTC'' (Treaty Doc. 110-4).
LThe ``NTC'' was signed by President Bush on behalf of
the United States of America on September 14, 2005 and requires
States Parties to criminalize certain unlawful acts relating to
the possession and use of radioactive material and radiological
dispersal devices and damage to nuclear facilities. The Nuclear
Terrorism Convention, while freestanding, builds upon the
Terrorist Bombing and Terrorist Financing Conventions by
addressing an additional and critical category of terrorist
activity.
2. LAn amendment to the Convention on the Physical
Protection of Nuclear Material (``CPPNM'') (Treaty Doc. 110-6).
LThe CPPNM amendment adopted by acclamation at a
diplomatic conference of States Parties to the CPPNM on July
25, 2005, requires States Parties to criminalize nuclear
smuggling and sabotage of nuclear facilities.
3. LTwo Protocols on the Suppression of Unlawful Activities
(``SUA'') (Treaty Doc. 110-8) supplement the SUA Convention on
the Safety of Maritime Navigation either by adding to the
Convention itself (in the case of the ``SUA Protocol'') or by
adding to an existing Protocol to that Convention (in the case
of the ``Fixed Platforms Protocol'').
a. LThe 2005 Protocol to the 1988 Convention for the
Suppression of Unlawful Acts against the Safety of Maritime
Navigation (``2005 Protocol''). Both this Protocol and the one
listed infra, were signed by the United States and require
parties to criminalize the use or targeting of a ship or a
fixed maritime platform in a terrorist activity. The Protocol
forbids enumerated maritime terrorism acts and the maritime
transport of biological, chemical, or nuclear weapons (``BCN
weapons'') or their components, delivery means, or materials,
under specified circumstances. It also forbids the maritime
transport of terrorist fugitives.
b. LThe 2005 Protocol to the 1988 Protocol for the
Suppression of Unlawful Acts against the Safety of Fixed
Platforms Located on the Continental Shelf (``2005 Platforms
Protocol''). The 2005 Platforms Protocol criminalizes terrorist
acts involving a fixed maritime platform.
Hearings
The Committee on the Judiciary held no hearings on H.R.
1073.
Committee Consideration
On March 14, 2013, the Committee met in open session and
ordered the bill H.R. 1073 favorably reported without
amendment, by voice vote, a quorum being present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that there
were no recorded votes during the Committee's consideration of
H.R. 1073.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 1073, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 19, 2013.
Hon. Bob Goodlatte, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman:
The Congressional Budget Office has prepared the enclosed
cost estimate for H.R. 1073, the ``Nuclear Terrorism
Conventions Implementation and Safety of Maritime Navigation
Act of 2013.''
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz, who can be reached at 226-2860.
Sincerely,
Douglas W. Elmendorf,
Director.
Enclosure
cc:
Honorable John Conyers, Jr.
Ranking Member
H.R. 1073--Nuclear Terrorism Conventions Implementation and Safety of
Maritime Navigation Act of 2013.
As ordered reported by the House Committee on the Judiciary
on March 14, 2012.
CBO estimates that implementing H.R. 1073 would have no
significant cost to the Federal Government. Enacting the bill
could affect direct spending and revenues; therefore, pay-as-
you-go procedures apply. However, CBO estimates that any
effects would be insignificant for each year.
H.R. 1073 would establish new Federal crimes relating to
acts of violence committed on or against ships or maritime
fixed platforms and criminal acts involving the use of nuclear
materials. As a result, the government might be able to pursue
cases that it otherwise would not be able to prosecute. CBO
expects that H.R. 1073 would apply to a relatively small number
of additional offenders, however, so any increase in costs for
law enforcement, court proceedings, or prison operations would
not be significant. Any such costs would be subject to the
availability of appropriated funds.
Because those prosecuted and convicted under H.R. 1073
could be subject to criminal fines, the Federal Government
might collect additional fines if the legislation is enacted.
Criminal fines are deposited as revenues in the Crime Victims
Fund and later spent. CBO expects that any additional revenues
and direct spending would not be significant because of the
relatively small number of cases likely to be affected.
CBO has not reviewed H.R. 1073 for intergovernmental or
private-sector mandates. Section 4 of the Unfunded Mandates
Reform Act excludes from the application of that act any
legislative provisions that are necessary for the ratification
or implementation of international treaty obligations. CBO has
determined that the bill falls within that exclusion.
The CBO staff contact for this estimate is Mark Grabowicz.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Duplication of Federal Programs
No provision of H.R. 1073 establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 1073 specifically directs
to be completed no specific rule makings within the meaning of
5 U.S.C. 551.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R.
1073 promotes national security by prohibiting under specified
circumstances: the possession and use of radioactive material
and radiological dispersal devices; damage to nuclear
facilities, nuclear smuggling; the use or targeting of a ship
or a fixed maritime platform in a terrorist activity; the
maritime transport of biological, chemical, or nuclear weapons
or their components, delivery means, or materials. The bill
also forbids among other things, the maritime transport of
terrorist fugitives.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 1073 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.
Section-by-Section Analysis
Section 1. Short Title
This Act may be cited as the ``Nuclear Terrorism
Conventions Implementation and Safety of Maritime Navigation
Act of 2013.''
Title 1. Safety of Maritime Navigation
This title implements the maritime treaties.
Section 101. Amendment to section 2280 of title 18, United States Code
This section amends 18 U.S.C. Sec. 2280, which implemented
the 1988 Convention for the Suppression of Unlawful Acts
against the Safety of Maritime Navigation. The amendments
update the jurisdictional grounds and correct a cross-reference
to the Norris-LaGuardia Act. These amendments include the
existing definitions in section 2280 and add definitions for
some of the terms used by the 2005 Protocol; the statutory
definitions apply to sections 2280, 2280a, 2281, and 2281a.
In (1)(A)(i), jurisdiction is expanded over prohibited
activity against U.S. ships to include not just those ships
flying the flag of the United States, but also ``a vessel of
the United States or a vessel subject to the jurisdiction of
the United States.''
In (b)(1)(A)(ii), jurisdiction is clarified by adding
``including the territorial seas'' to the current statute,
which refers simply to ``in the United States.''
In (b)(1)(A)(iii), jurisdiction is expanded over prohibited
activities against maritime navigation by including activity
committed by a United States corporation or legal entity, in
addition to the current language giving jurisdiction over a
national of the United States or by a stateless person whose
habitual residence is the United States.
In subsection (c) a correction is made to an error in the
cross-reference to the Norris-LaGuardia Act by substituting
``section 13 (c) for the current 2 (c)'' of that Act.
The new subsection (d) identifies nine applicable treaties
and contains the existing definitions for Section 2280 and
provides definitions for some new terms utilized by the 2005
Protocol. Terms defined include biological weapon, chemical
weapon, explosive material, and infrastructure facility, among
others. It also updates the definitional sections by adding a
definition of ``international organization,'' to be consistent
with 18 U.S.C. Sec. 831. This subsection also adopts the
definition of ``military forces of a state'' used in the 2005
Protocol.
Subsection (e) creates an exception for the activities of
armed forces during an armed conflict, as those terms are
understood under the law of war and for activities undertaken
by military forces of a state in the exercise of their official
duties. Consistent with the understanding included in the
instrument of ratification for the 2005 Protocols, the
exemption provided by this bill to subsection(e)(2) of Section
2280, includes civilians who direct or organize the official
activities of military forces of a State.
Subsection (f) updates the grounds permitting the master of
a ship to deliver an offender to another state, under certain
conditions, to include the new offenses added by these
amendments. It provides authority for the master of a covered
ship flying the flag of the United States, who has reasonable
grounds to believe a person on board has committed an offense
under 18 U.S.C. 2280 or 2280a, to deliver that 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. This change is required under the 2005 Protocol,
Article 8, as amended.
Subsection (g) establishes a civil forfeiture provision
against any real or personal property used or intended for use
in committing violations. This would include gross proceeds of
such violations, and real or personal property traceable to
such property or proceeds. These forfeitures are governed by
the provisions of chapter 46 of Title 18, but may also be
performed by agents or officers designated by the Secretary of
homeland Security, the Attorney General, or the Secretary of
Defense.
Section 102. New section 2280a of title 18, United States Code
This section creates a new section 2280a to criminalize the
new offenses in the 2005 Protocol, which forbids enumerated
maritime terrorism acts and the maritime transport of
biological, chemical, or nuclear weapons (``BCN weapons'') or
certain of their components, delivery means, or materials,
under specified circumstances. The 2005 Protocol also forbids
the maritime transport of terrorist fugitives.
Subsection (a)(1) references the exceptions for armed
forces and military actions found in subsection (c), in
accordance with the 2005 Protocol, Article 3.
New subsection (a)(1)(A) implements Article 4 of the 2005
Protocol as it adds Article 3bis, paragraphs 1(a)(i),(ii), and
(iii) to the 1988 Convention. Under these provisions, it is an
offense to, unlawfully and with the intent to compel a person,
an international organization, or a state to do or refrain from
doing an act, (i) use against or on, or discharge from, a ship
any explosive or radioactive material, or BCN weapon, in a
manner that causes or is likely to cause death or serious
injury or damage; (ii) discharge from a ship oil, liquefied
natural gas, or another hazardous or noxious substance, in a
manner that causes or is likely to cause death or serious
injury or damage; or (iii) otherwise use a ship in a manner
that causes death or serious injury or damage.
Subsection (a)(1)(B) implements Article 4(5) of the 2005
Protocol as it adds to the 1988 Convention Article 3bis,
paragraphs1(b) and 2. Subsection (a)(1)(B)(i) forbids the
transport of explosive or radioactive material intended for a
terrorist act. Subsection (a)(1)(B)(ii) forbids the transport
of BCN weapons. Subsection (a)(1)(B)(iii) forbids the transport
of source or special fissionable material or equipment or
material especially designed or prepared for the processing,
use, or production of special fissionable material where
intended for use 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 not contrary to obligations of parties
to the Treaty on the Non-Proliferation of Nuclear Weapons
(``NPT'')). For example, transport would be permitted if no
safeguards are required, as in the case of a Nuclear Weapon
State Party recipient, or if an NPT State Party sends such
materials or equipment to a country that is not an NPT State
Party for use in an activity under ``facility-specific''
International Atomic Energy Agency (``IAEA'') safeguards. At
the same time, transport, even by an NPT State Party to a
country that is not an NPT State Party, would be forbidden if
the resulting transfer violated the NPT party's obligations
under the NPT. For example, the obligations of NPT States
Parties under the NPT include, among other things, the
obligation not to provide source or special fissionable
material or equipment or material especially designed or
prepared for the processing, use, or production of special
fissionable material to any non-nuclear weapon state for
peaceful purposes, unless the source or special fissionable
material is subject to IAEA safeguards.
Subsections (a)(1)(B)(iv)-(vi) forbid transport of certain
items, including dual use items, that will significantly
contribute to and are intended for the design or manufacture of
a BCN weapon or its means of delivery. New statutory
subparagraph (B) reflects Article 4(5) of the 2005 Protocol,
which adds Article 3bis, paragraphs 1(b) and 2 to the 1988
Convention. However, the offenses and savings clause of the
Convention are reorganized in the statute to provide a clearer
exposition of the exceptions applicable to each category of
forbidden conduct. The offenses prohibited are consistent with
the obligations under the NPT and complementary with the
obligations set out in U.N. Security Council Resolution 1540
regarding prohibitions against the transport of BCN weapons.
Subsection (a)(1)(C) implements Article 4(6) of the 2005
Protocol to prohibit the transportation of a terrorist fugitive
(i.e., perpetrators of an act prohibited under the amended SUA
or one of nine other UN terrorism conventions), with the intent
to help the fugitive evade prosecution.
Subsections (a)(1)(D) and (E) add provisions regarding
conspiracy, attempt, and injury or death in connection with one
of the listed offenses. The amendments reflect the amendments
in Article 4(7) of the 2005 Protocol, which are also partially
implemented by 18 U.S.C. Sec. Sec. 2 and 371.
Subsection (a)(2) criminalizing threats is updated to
implement the 2005 Protocol's requirement to criminalize
threats to commit the terrorism-related offenses described in
subparagraph (A) (see 2005 Protocol, Article 4(5)).
Subsection (b) specifies the circumstances in which the
United States can exercise jurisdiction over the offenses.
These grounds include the grounds required by the 1988
Convention and 2005 Protocol as well as the optional grounds
listed in the 1988 Convention. (See 2005 Protocol, Article 6;
1988 Convention, Article 6.)
Subsection (c) of inserts exceptions specifying that the
statute does not apply to armed forces during an armed conflict
or to the official exercise of military duties, as specified in
Article 3 of the 2005 Protocol.
Subsection (d) establishes a civil forfeiture provision
against any real or personal property used or intended for use
in committing violations under section 2280. This would include
gross proceeds of such violations, and real or personal
property traceable to such property or proceeds. These
forfeitures are governed by the provisions of chapter 46 of
Title 18, but may also be performed by agents or officers
designated by the Secretary of homeland Security, the Attorney
General, or the Secretary of Defense.
The penalties for violations of 18 U.S.C. 2280a are a fine,
imprisonment for not more than 20 years, or both. If the death
of any person results from prohibited conduct under this new
section, the punishment is imprisonment for any term of years
or life (this does not have the death penalty provision
contained in Section 2280).
Section 103. Amendment to section 2281 of title 18, United States Code
This section corrects an error in subsection (c) in the
cross-reference to the Norris-LaGuardia Act by substituting
``section 13 (c) for the current 2 (c)'' of that Act.
Strikes the definitions found in subsection (d), of
``national of the United States,'' ``territorial sea of the
United States,'' and ``United States.''
This section adds a new subsection (e) that creates an
exception to the provisions of the section for the activities
of armed forces during an armed conflict as those terms are
understood under the law of war. This exception is identical to
that found in other sections of this Act and is specified in
Article 3 of the 2005 Protocol (cross-referenced in Article 2
of the 2005 Platforms Protocol).
Section 104. New section 2281a of title 18, United States Code
This new section of title 18 criminalizes the new offenses
specified in the 2005 Platforms Protocol.
New subsection (a)(1)(A) makes it an offense to, unlawfully
and with the intent to compel a person, an international
organization, or a state to do or refrain from doing an act,
(i) use against or discharge from a fixed platform, any
explosive or radioactive material, or biological, chemical, or
nuclear weapon, in a manner that causes or is likely to cause
death or serious injury or damage; or (ii) discharge from a
fixed platform oil, liquefied natural gas, or another hazardous
or noxious substance, in a manner that causes or is likely to
cause death or serious injury or damage.
Subsection (a)(1)(B) extends the penalties for injuring or
killing a person in connection with the commission of an
enumerated offense to the new crimes in subparagraph (A), as
required by the 2005 Platforms Protocol, Article 4(2).
Subsections (a)(1)(C) and (a)(2) implement the 2005
Platforms Protocol's application of attempt, conspiracy, and
threat provisions to the new terrorist crimes. (See 2005
Platforms Protocol, Articles 4(1) and 4(2)).
Subsection (b) implements the jurisdictional requirements
of the Platforms Protocols as well as those that are listed as
optional. (See 2005 Platforms Protocol, Article 5; 1988
Protocol, Article 3).
Subsection (c) inserts exceptions specifying that the
statute does not apply to armed forces during an armed conflict
or to the official exercise of military duties, as required by
the 2005 Platforms Protocol (see 2005 Platforms Protocol,
Article 2, cross-referencing the 2005 Protocol, Article 3).
Subsection (d) adds definitions of ``continental shelf''
and ``fixed platform'' that are not included in 18 U.S.C.
Sec. 2280.
The penalties for violations of 18 U.S.C. 2281a are a fine,
imprisonment for not more than 20 years, or both. If the death
of any person results from prohibited conduct under this new
section, the punishment is imprisonment for any term of years
or life (this does not have the death penalty provision
contained in Section 2281).
Section 105. Ancillary Measure
Amends the meaning of the term ``Federal Crime of
Terrorism'' to include violations of the new section 2280a and
2281a, created by sections 102 and 104 of this Act.
Title II. Prevention of nuclear terrorism
This title implements certain provisions of the nuclear
terrorism convention and the amendment to the convention for
the physical protection of nuclear material.
Section 201. New Section 2332i of Title 18 of the U.S. Code
This section of the bill creates a new section 2332(i).
Section 2332i(a) implements the provisions in Articles 2
and 5(a) of the NTC by creating two new criminal offenses
regarding the possession and use of radioactive material, along
with criminalizing, as required by the two treaties, attempts,
threats, and conspiracies to commit the offenses. The
provisions on damaging or interfering with a nuclear facility
would also implement the CPPNM amendment's provision on nuclear
facility sabotage.
Section 2332i(a)(1)(A) would make it a criminal offense to
knowingly possess radioactive material or make or possess a
nuclear explosive, radiation exposure device or radiological
dispersal device, with the intent to cause death or serious
bodily injury or substantial damage to property or the
environment. Section 2332i(a)(1)(B) would make it a criminal
offense to knowingly use radioactive material or a nuclear
explosive or radiological dispersal device or radiation
exposure device, or damage or interfere with a nuclear facility
in a manner that risks or causes contamination or exposure to
radioactive material or radiation, with the intent to cause
death or serious bodily injury or substantial damage to
property or the environment, or with the knowledge that such
effect is likely. With respect to this offense, the acts may
also constitute offenses if they are done with the intent to
compel a person, international organization, or state to do or
refrain from doing an act. These offenses implement the NTC
Article 2(1) and the acts of sabotage described in the
amendment to Article 7 of the CPPNM. The CPPNM amendment also
includes a specific exception for such sabotage acts
``undertaken in conformity with the national law of the State
Party in the territory of which the nuclear facility is
situated.'' Such an exception would protect, for example, first
responders but is not necessary in domestic law because the
statute only criminalizes unlawful activity. Moreover, the
government would not prosecute first responders for acts within
their official duties in responding to an incident.
Section 2332i(a)(2) would criminalize a threat to commit
either offense in subsection (a)(1) and a demand for possession
of or access to radioactive material, a nuclear explosive, or a
radiological dispersal device or a radiation exposure device or
a nuclear facility by means of a threat or use of force. This
language implements Article 2(2) of the NTC, with slightly
different but equivalent language for purposes of U.S. law. It
also implements the threat provision of the CPPNM amendment as
applied to nuclear facility sabotage. Threats to commit the
other acts identified in the CPPNM amendment are criminalized
at 18 U.S.C. Sec. 831.
Section 2332i(a)(3) would criminalize attempts to commit
the offenses in subsection (a)(1) and conspiracies to commit
the offenses in subsections (a)(1) and (a)(2). This language
implements Article 2(3) and 2(4) of the NTC, as well as the
amendment to Article 7 of the CPPNM as it pertains to sabotage
attempts and participation. Conspiracy under subsection (a)(3)
would not require proof of an overt act. Attempts to threaten
are not included in the NTC and therefore not included in the
legislation. The NTC and CPPNM amendment do include the offense
of ``participation'' in an attempt, but the legislation does
not criminalize conspiracy to attempt since the crime does not
have an analogue in U.S. law. Statutory provisions for
conspiracy and attempt, as well as aiding and abetting
liability through 18 U.S.C. Sec. 2, are sufficient to implement
the conventions' provisions on attempt and participation.
Section 2332i(b) would create jurisdiction for the offenses
in subsection (a). Article 9 of the NTC and Article 8 of the
CPPNM require jurisdiction over offenses occurring on the
territory of a signatory, on board vessels flying the flag of a
signatory, and on aircraft registered in a signatory, and over
offenses committed by nationals of a signatory. Subsections
(b)(1), (b)(2)(A), and (b)(2)(B) implement these jurisdictional
grounds in the new legislation and include the special aircraft
jurisdiction of the United States. The statute uses the term
``vessel of the United States'' and ``vessel subject to the
jurisdiction of the United States'' (both terms defined in 46
U.S.C. Sec. 70502) to define jurisdiction over vessels. The
treaties also require that a State Party establish jurisdiction
over the offenses in cases where the alleged offender is
present in its territory and it does not extradite that person
to a State Party that has implemented procedures in compliance
with the treaties. Accordingly, the statute includes in
subsection (b)(4) jurisdiction if an offender is found in the
United States. The NTC also permits jurisdiction in a number of
other cases, which this legislation adopts. There is
jurisdiction over offenses committed against a U.S. national
abroad; by a stateless person whose habitual residence is in
the United States; against state or government facilities
abroad; or in an attempt to compel the United States to do or
abstain from doing any act.
Section 2332i(c) would impose penalties for the commission
of the offenses in subsection (a), in accordance with the
obligation under Article 5(b) of the NTC and Article 7 of the
CPPNM. The penalties are a fine of not more than $2,000,000 and
imprisonment for any term of years or life.
Section 2332i(d) addresses nonapplicability. Article 4(2)
of the NTC and the amendment to Article 2 of the CPPNM specify
that activities of armed forces are not covered by the
conventions. The statutory exemption in section 2332i(d)
implements this exception. The statute draws on the definition
of ``military forces of a state'' used in the Nuclear Terrorism
Convention, Paragraph 6 of Article I. Consistent with the
understandings included in the instruments of ratification for
both the NTC and CPNNM (Treaty Doc. 110-4 at IX and Treaty Doc.
110-6 at 7) and with the Administration's interpretation of 18
U.S.C. 2332f, the exemption in section 2332i(d) is understood
to include civilians who direct or organize the official
activities of military forces of a State.
Section 2332i(e) defines relevant terms in the section,
most importantly, ``radioactive material,'' ``nuclear
material,'' ``nuclear facility,'' and ``device.'' The
definitions of ``radioactive material'' and ``device'' are
adopted directly from the NTC. The definition of ``nuclear
material'' is adopted from existing section 831(f) in order to
provide consistency among the statutes. It is slightly broader
than the definition in the CPPNM or the NTC because it covers
all plutonium, rather than ``plutonium, except that with
isotopic concentration exceeding 80 percent in plutonium-238.''
When amending section 831 in 1996, Congress expanded the
definition in that statute beyond the CPPNM definition in order
to address other hazardous materials that might be used in
radioactive dispersal devices or in other terrorist activity.
The definition of ``nuclear facility'' is adopted partly
from the NTC, in subsections (e)(6)(A) and (e)(6)(B), and
partly, in subsection (e)(6)(C), from the definition of the
same term in the CPPNM amendment because the statute covers
offenses from both conventions involving nuclear facilities. A
nuclear facility would include a nuclear reactor or plant used
for nuclear material, as well as a conveyance for radioactive
material. It would also include facilities that use nuclear
material, provided that damage to or interference with the
facility could lead to a significant release of radiation or
radioactive material.
Section 202. Amendment to Section 831 of Title 18 of the U.S. Code
Section 831 is amended to implement certain provisions of
the CPPNM amendment. New subsection (a)(3) would criminalize
the additional acts of nuclear smuggling required to be
prohibited under the CPPNM amendment As with the other offenses
in section 831, since 1996, slightly more material would be
covered in the statute than in the treaty: section 831 includes
``nuclear byproduct material'' where the CPPNM does not, and
section 831, as explained above, has a somewhat broader
definition of nuclear material than the CPPNM. Congress's
findings in 1996 supported this expansion.
Renumbered subsection (a)(8) retains the previous attempt
offenses and adds an attempt offense with respect to the new
smuggling offense (new subsection (a)(3)), consistent with the
CPPNM amendment. Renumbered subsection (a)(9) would include
conspiracies to commit the substantive offenses criminalized in
the statute, as required by the CPPNM and its amendment.
The jurisdictional provisions in subsection (c) would be
expanded to include some of the grounds listed in the new
section 2332i to promote consistency in the implementation of
these two conventions and the full assertion of permissible
authority over potential nuclear material offenses. The
amendment would add, consistent with section 2332i,
jurisdiction over offenses committed by stateless persons with
their habitual residence in the United States. It would also
extend jurisdiction over offenses against state or government
facilities abroad and offenses committed on board an aircraft
or vessel registered in the United States. Simpler language
borrowed from the new section 2332i would replace current
subsection (c)(5) to achieve the same effect of jurisdiction
over terrorist acts done to influence the United States
government or that constitute a threat directed at the United
States.
Similarly to section 2332i(d), and elsewhere in this Act, a
new subsection (e) in section 831 would provide exemptions to
jurisdiction for activities of armed forces, implementing the
amendment to Article 2 of the CPPNM. The statute also draws on
the definition of ``military forces of a state'' used in the
Nuclear Terrorism Convention, Paragraph 6 of Article I.
Consistent with the understandings included in the instruments
of ratification for both the NTC and CPNNM (Treaty Doc. 110-4
at IX and Treaty Doc. 110-6 at 7) and with the interpretation
of 18 U.S.C. 2332f, the exemption in section 831(e) is
understood to include civilians who direct or organize the
official activities of military forces of a State.
Agency Views
__________
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
TITLE 18, UNITED STATES CODE
* * * * * * *
PART I--CRIMES
* * * * * * *
CHAPTER 39--EXPLOSIVES AND OTHER DANGEROUS ARTICLES
Sec. 831. Prohibited transactions involving nuclear materials
(a) Whoever, if one of the circumstances described in
subsection (c) of this section occurs--
(1) without lawful authority, intentionally
receives, possesses, uses, transfers, alters, disposes
of, or disperses any nuclear material or nuclear
byproduct material and--
(A) thereby knowingly causes the death of
or serious bodily injury to any person or
substantial damage to property or to the
environment; or
(B) circumstances exist, or have been
represented to the defendant to exist, that are
likely to cause the death or serious bodily
injury to any person, or substantial damage to
property or to the environment;
(2) with intent to deprive another of nuclear
material or nuclear byproduct material, knowingly--
(A) takes and carries away nuclear material
or nuclear byproduct material of another
without authority;
(B) makes an unauthorized use, disposition,
or transfer, of nuclear material or nuclear
byproduct material belonging to another; or
(C) uses fraud and thereby obtains nuclear
material or nuclear byproduct material
belonging to another;
(3) without lawful authority, intentionally
carries, sends or moves nuclear material into or out of
a country;
[(3)] (4) knowingly--
(A) uses force; or
(B) threatens or places another in fear
that any person other than the actor will
imminently be subject to bodily injury;
and thereby takes nuclear material or nuclear byproduct
material belonging to another from the person or
presence of any other;
[(4)] (5) intentionally intimidates any person and
thereby obtains nuclear material or nuclear byproduct
material belonging to another;
[(5)] (6) with intent to compel any person,
international organization, or governmental entity to
do or refrain from doing any act, knowingly threatens
to engage in conduct described in paragraph (2)(A) or
(3) of this subsection;
[(6)] (7) knowingly threatens to use nuclear
material or nuclear byproduct material to cause death
or serious bodily injury to any person or substantial
damage to property or to the environment under
circumstances in which the threat may reasonably be
understood as an expression of serious purposes;
[(7)] (8) attempts to commit [an offense under
paragraph (1), (2), (3), or (4)] any act prohibited
under paragraphs (1) through (5) of this subsection; or
[(8)] (9) is a party to a conspiracy of two or more
persons to commit [an offense under paragraph (1), (2),
(3), or (4)] any act prohibited under paragraphs (1)
through (7) of this subsection, if any of the parties
intentionally engages in any conduct in furtherance of
such offense;
shall be punished as provided in subsection (b) of this
section.
(b) The punishment for an offense under--
(1) paragraphs (1) through [(7)] (8) of subsection
(a) of this section is--
(A) a fine under this title; and
(B) imprisonment--
(i) for any term of years or for
life (I) if, while committing the
offense, the offender knowingly causes
the death of any person; or (II) if,
while committing an offense under
paragraph (1) or (3) of subsection (a)
of this section, the offender, under
circumstances manifesting extreme
indifference to the life of an
individual, knowingly engages in any
conduct and thereby recklessly causes
the death of or serious bodily injury
to any person; and
(ii) for not more than 20 years in
any other case; and
(2) paragraph [(8)] (9) of subsection (a) of this
section is--
(A) a fine under this title; and
(B) imprisonment--
(i) for not more than 20 years if
the offense which is the object of the
conspiracy is punishable under
paragraph (1)(B)(i); and
(ii) for not more than 10 years in
any other case.
(c) The circumstances referred to in subsection (a) of this
section are that--
(1) the offense is committed in the United States
or the special maritime and territorial jurisdiction of
the United States, or the special aircraft jurisdiction
of the United States (as defined in section 46501 of
title 49);
(2) an offender or a victim is--
(A) a national of the United States or a
stateless person whose habitual residence is in
the United States; or
(B) a United States corporation or other
legal entity;
(3) after the conduct required for the offense
occurs the defendant is found in the United States,
even if the conduct required for the offense occurs
outside the United States;
(4) the conduct required for the offense occurs
with respect to the carriage of a consignment of
nuclear material or nuclear byproduct material for
peaceful purposes by any means of transportation
intended to go beyond the territory of the state where
the shipment originates beginning with the departure
from a facility of the shipper in that state and ending
with the arrival at a facility of the receiver within
the state of ultimate destination and either of such
states is the United States; [or]
[(5) either--
[(A) the governmental entity under
subsection (a)(5) is the United States; or
[(B) the threat under subsection (a)(6) is
directed at the United States.]
(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) 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.
[(d)] (e) The Attorney General may request assistance from
the Secretary of Defense under chapter 18 of title 10 in the
enforcement of this section and the Secretary of Defense may
provide such assistance in accordance with chapter 18 of title
10, except that the Secretary of Defense may provide such
assistance through any Department of Defense personnel.
[(e)] (f)(1) The Attorney General may also request
assistance from the Secretary of Defense under this subsection
in the enforcement of this section. Notwithstanding section
1385 of this title, the Secretary of Defense may, in accordance
with other applicable law, provide such assistance to the
Attorney General if--
(A) an emergency situation exists (as jointly
determined by the Attorney General and the Secretary of
Defense in their discretion); and
(B) the provision of such assistance will not
adversely affect the military preparedness of the
United States (as determined by the Secretary of
Defense in such Secretary's discretion).
(2) As used in this subsection, the term ``emergency
situation'' means a circumstance--
(A) that poses a serious threat to the interests of
the United States; and
(B) in which--
(i) enforcement of the law would be
seriously impaired if the assistance were not
provided; and
(ii) civilian law enforcement personnel are
not capable of enforcing the law.
(3) Assistance under this section may include--
(A) use of personnel of the Department of Defense
to arrest persons and conduct searches and seizures
with respect to violations of this section; and
(B) such other activity as is incidental to the
enforcement of this section, or to the protection of
persons or property from conduct that violates this
section.
(4) The Secretary of Defense may require reimbursement as a
condition of assistance under this section.
(5) The Attorney General may delegate the Attorney
General's function under this subsection only to a Deputy,
Associate, or Assistant Attorney General.
[(f)] (g) As used in this section--
(1) the term ``nuclear material'' means material
containing any--
(A) plutonium;
(B) uranium not in the form of ore or ore
residue that contains the mixture of isotopes
as occurring in nature;
(C) enriched uranium, defined as uranium
that contains the isotope 233 or 235 or both in
such amount that the abundance ratio of the sum
of those isotopes to the isotope 238 is greater
than the ratio of the isotope 235 to the
isotope 238 occurring in nature; or
(D) uranium 233;
(2) the term ``nuclear byproduct material'' means
any material containing any radioactive isotope created
through an irradiation process in the operation of a
nuclear reactor or accelerator;
(3) the term ``international organization'' means a
public international organization designated as such
pursuant to section 1 of the International
Organizations Immunities Act (22 U.S.C. 288) or a
public organization created pursuant to treaty or other
agreement under international law as an instrument
through or by which two or more foreign governments
engage in some aspect of their conduct of international
affairs;
(4) the term ``serious bodily injury'' means bodily
injury which involves--
(A) a substantial risk of death;
(B) extreme physical pain;
(C) protracted and obvious disfigurement;
or
(D) protracted loss or impairment of the
function of a bodily member, organ, or mental
faculty;
(5) the term ``bodily injury'' means--
(A) a cut, abrasion, bruise, burn, or
disfigurement;
(B) physical pain;
(C) illness;
(D) impairment of a function of a bodily
member, organ, or mental faculty; or
(E) any other injury to the body, no matter
how temporary;
(6) the term ``national of the United States'' has
the same meaning as in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22));
[and]
(7) the term ``United States corporation or other
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[.];
(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 section 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.
* * * * * * *
CHAPTER 111--SHIPPING
Sec.
2271. Conspiracy to destroy vessels.
* * * * * * *
2280a. Violence against maritime navigation and maritime transport
involving weapons of mass destruction.
* * * * * * *
2281a. Additional offenses against maritime fixed platforms.
* * * * * * *
Sec. 2280. Violence against maritime navigation
(a) Offenses.--
(1) In general.--A person who unlawfully and
intentionally--
(A) seizes or exercises control over a ship
by force or threat thereof or any other form of
intimidation;
(B) performs an act of violence against a
person on board a ship if that act is likely to
endanger the safe navigation of that ship;
(C) destroys a ship or causes damage to a
ship or to its cargo which is likely to
endanger the safe navigation of that ship;
(D) places or causes to be placed on a
ship, by any means whatsoever, a device or
substance which is likely to destroy that ship,
or cause damage to that ship or its cargo which
endangers or is likely to endanger the safe
navigation of that ship;
(E) destroys or seriously damages maritime
navigational facilities or seriously interferes
with their operation, if such act is likely to
endanger the safe navigation of a ship;
(F) communicates information, knowing the
information to be false and under circumstances
in which such information may reasonably be
believed, thereby endangering the safe
navigation of a ship;
(G) 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 (F); or
(H) attempts or conspires to do any act
prohibited under subparagraphs (A) through (G),
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 punished by death or imprisoned for any term
of years or for life.
(2) Threat to navigation.--A person who threatens
to do any act prohibited under paragraph (1)(B), (C) or
(E), with apparent determination and will to carry the
threat into execution, if the threatened act is likely
to endanger the safe navigation of the ship in
question, 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 ship
flying the flag of the United States] 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; and
(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) Bar To Prosecution.--It is a bar to Federal prosecution
under subsection (a) for conduct that occurred within the
United States that the conduct involved was during or in
relation to a labor dispute, and such conduct is prohibited as
a felony under the law of the State in which it was committed.
For purposes of this section, the term ``labor dispute'' has
the meaning set forth in [section 2(c)] section 13(c) of the
Norris-LaGuardia Act, as amended (29 U.S.C. 113(c)).
[(d) 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 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. 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.
[(e) Definitions.--In this section--
[``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.]
[``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)). ]
[``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.]
[``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.]
[``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.]
(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)(7) 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.
(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. 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. 2281. Violence against maritime fixed platforms
(a) Offenses.--
(1) In general.--A person who unlawfully and
intentionally--
(A) seizes or exercises control over a
fixed platform by force or threat thereof or
any other form of intimidation;
(B) performs an act of violence against a
person on board a fixed platform if that act is
likely to endanger its safety;
(C) destroys a fixed platform or causes
damage to it which is likely to endanger its
safety;
(D) places or causes to be placed on a
fixed platform, by any means whatsoever, a
device or substance which is likely to destroy
that fixed platform or likely to endanger its
safety;
(E) 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 (D); or
(F) attempts or conspires to do anything
prohibited under subparagraphs (A) through (E),
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 punished by death or imprisoned for any term of
years or for life.
(2) Threat to safety.--A person who threatens to do
anything prohibited under paragraph (1)(B) or (C), with
apparent determination and will to carry the threat
into execution, if the threatened act is likely to
endanger the safety of the fixed platform, 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) Bar To Prosecution.--It is a bar to Federal prosecution
under subsection (a) for conduct that occurred within the
United States that the conduct involved was during or in
relation to a labor dispute, and such conduct is prohibited as
a felony under the law of the State in which it was committed.
For purposes of this section, the term ``labor dispute'' has
the meaning set forth in [section 2(c)] section 13(c) of the
Norris-LaGuardia Act, as amended (29 U.S.C. 113(c)), and the
term ``State'' means a State of the United States, the District
of Columbia, and any commonwealth, territory, or possession of
the United States.
(d) Definitions.--In this section--
``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.
``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.
[``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)).
[``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.
[``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.]
(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. 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.
* * * * * * *
CHAPTER 113B--TERRORISM
Sec.
2331. Definitions.
* * * * * * *
2332i. Acts of nuclear terrorism.
* * * * * * *
Sec. 2332b. Acts of terrorism transcending national boundaries
(a) Prohibited Acts.--
(1) Offenses.--Whoever, involving conduct
transcending national boundaries and in a circumstance
described in subsection (b)--
(A) kills, kidnaps, maims, commits an
assault resulting in serious bodily injury, or
assaults with a dangerous weapon any person
within the United States; or
(B) creates a substantial risk of serious
bodily injury to any other person by destroying
or damaging any structure, conveyance, or other
real or personal property within the United
States or by attempting or conspiring to
destroy or damage any structure, conveyance, or
other real or personal property within the
United States;
in violation of the laws of any State, or the United
States, shall be punished as prescribed in subsection
(c).
(2) Treatment of threats, attempts and
conspiracies.--Whoever threatens to commit an offense
under paragraph (1), or attempts or conspires to do so,
shall be punished under subsection (c).
(b) Jurisdictional Bases.--
(1) Circumstances.--The circumstances referred to
in subsection (a) are--
(A) the mail or any facility of interstate
or foreign commerce is used in furtherance of
the offense;
(B) the offense obstructs, delays, or
affects interstate or foreign commerce, or
would have so obstructed, delayed, or affected
interstate or foreign commerce if the offense
had been consummated;
(C) the victim, or intended victim, is the
United States Government, a member of the
uniformed services, or any official, officer,
employee, or agent of the legislative,
executive, or judicial branches, or of any
department or agency, of the United States;
(D) the structure, conveyance, or other
real or personal property is, in whole or in
part, owned, possessed, or leased to the United
States, or any department or agency of the
United States;
(E) the offense is committed in the
territorial sea (including the airspace above
and the seabed and subsoil below, and
artificial islands and fixed structures erected
thereon) of the United States; or
(F) the offense is committed within the
special maritime and territorial jurisdiction
of the United States.
(2) Co-conspirators and accessories after the
fact.--Jurisdiction shall exist over all principals and
co-conspirators of an offense under this section, and
accessories after the fact to any offense under this
section, if at least one of the circumstances described
in subparagraphs (A) through (F) of paragraph (1) is
applicable to at least one offender.
(c) Penalties.--
(1) Penalties.--Whoever violates this section shall
be punished--
(A) for a killing, or if death results to
any person from any other conduct prohibited by
this section, by death, or by imprisonment for
any term of years or for life;
(B) for kidnapping, by imprisonment for any
term of years or for life;
(C) for maiming, by imprisonment for not
more than 35 years;
(D) for assault with a dangerous weapon or
assault resulting in serious bodily injury, by
imprisonment for not more than 30 years;
(E) for destroying or damaging any
structure, conveyance, or other real or
personal property, by imprisonment for not more
than 25 years;
(F) for attempting or conspiring to commit
an offense, for any term of years up to the
maximum punishment that would have applied had
the offense been completed; and
(G) for threatening to commit an offense
under this section, by imprisonment for not
more than 10 years.
(2) Consecutive sentence.--Notwithstanding any
other provision of law, the court shall not place on
probation any person convicted of a violation of this
section; nor shall the term of imprisonment imposed
under this section run concurrently with any other term
of imprisonment.
(d) Proof Requirements.--The following shall apply to
prosecutions under this section:
(1) Knowledge.--The prosecution is not required to
prove knowledge by any defendant of a jurisdictional
base alleged in the indictment.
(2) State law.--In a prosecution under this section
that is based upon the adoption of State law, only the
elements of the offense under State law, and not any
provisions pertaining to criminal procedure or
evidence, are adopted.
(e) Extraterritorial Jurisdiction.--There is
extraterritorial Federal jurisdiction--
(1) over any offense under subsection (a),
including any threat, attempt, or conspiracy to commit
such offense; and
(2) over conduct which, under section 3, renders
any person an accessory after the fact to an offense
under subsection (a).
(f) Investigative Authority.--In addition to any other
investigative authority with respect to violations of this
title, the Attorney General shall have primary investigative
responsibility for all Federal crimes of terrorism, and any
violation of section 351(e), 844(e), 844(f)(1), 956(b), 1361,
1366(b), 1366(c), 1751(e), 2152, or 2156 of this title, and the
Secretary of the Treasury shall assist the Attorney General at
the request of the Attorney General. Nothing in this section
shall be construed to interfere with the authority of the
United States Secret Service under section 3056.
(g) Definitions.--As used in this section--
(1) the term ``conduct transcending national
boundaries'' means conduct occurring outside of the
United States in addition to the conduct occurring in
the United States;
(2) the term ``facility of interstate or foreign
commerce'' has the meaning given that term in section
1958(b)(2);
(3) the term ``serious bodily injury'' has the
meaning given that term in section 1365(g)(3);
(4) the term ``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; and
(5) the term ``Federal crime of terrorism'' means
an offense that--
(A) is calculated to influence or affect
the conduct of government by intimidation or
coercion, or to retaliate against government
conduct; and
(B) is a violation of--
(i) section 32 (relating to
destruction of aircraft or aircraft
facilities), 37 (relating to violence
at international airports), 81
(relating to arson within special
maritime and territorial jurisdiction),
175 or 175b (relating to biological
weapons), 175c (relating to variola
virus), 229 (relating to chemical
weapons), subsection (a), (b), (c), or
(d) of section 351 (relating to
congressional, cabinet, and Supreme
Court assassination and kidnaping), 831
(relating to nuclear materials), 832
(relating to participation in nuclear
and weapons of mass destruction threats
to the United States) 842(m) or (n)
(relating to plastic explosives),
844(f)(2) or (3) (relating to arson and
bombing of Government property risking
or causing death), 844(i) (relating to
arson and bombing of property used in
interstate commerce), 930(c) (relating
to killing or attempted killing during
an attack on a Federal facility with a
dangerous weapon), 956(a)(1) (relating
to conspiracy to murder, kidnap, or
maim persons abroad), 1030(a)(1)
(relating to protection of computers),
1030(a)(5)(A) resulting in damage as
defined in 1030(c)(4)(A)(i)(II) through
(VI) (relating to protection of
computers), 1114 (relating to killing
or attempted killing of officers and
employees of the United States), 1116
(relating to murder or manslaughter of
foreign officials, official guests, or
internationally protected persons),
1203 (relating to hostage taking), 1361
(relating to government property or
contracts), 1362 (relating to
destruction of communication lines,
stations, or systems), 1363 (relating
to injury to buildings or property
within special maritime and territorial
jurisdiction of the United States),
1366(a) (relating to destruction of an
energy facility), 1751(a), (b), (c), or
(d) (relating to Presidential and
Presidential staff assassination and
kidnaping), 1992 (relating to terrorist
attacks and other acts of violence
against railroad carriers and against
mass transportation systems on land, on
water, or through the air), 2155
(relating to destruction of national
defense materials, premises, or
utilities), 2156 (relating to national
defense material, premises, or
utilities), 2280 (relating to violence
against maritime navigation), 2280a
(relating to maritime safety), [2281]
2281 through 2281a (relating to
violence against maritime fixed
platforms), 2332 (relating to certain
homicides and other violence against
United States nationals occurring
outside of the United States), 2332a
(relating to use of weapons of mass
destruction), 2332b (relating to acts
of terrorism transcending national
boundaries), 2332f (relating to bombing
of public places and facilities), 2332g
(relating to missile systems designed
to destroy aircraft), 2332h (relating
to radiological dispersal devices),
2332i (relating to acts of nuclear
terrorism), 2339 (relating to harboring
terrorists), 2339A (relating to
providing material support to
terrorists), 2339B (relating to
providing material support to terrorist
organizations), 2339C (relating to
financing of terrorism), 2339D
(relating to military-type training
from a foreign terrorist organization),
or 2340A (relating to torture) of this
title;
(ii) sections 92 (relating to
prohibitions governing atomic weapons)
or 236 (relating to sabotage of nuclear
facilities or fuel) of the Atomic
Energy Act of 1954 (42 U.S.C. 2122 or
2284);
(iii) section 46502 (relating to
aircraft piracy), the second sentence
of section 46504 (relating to assault
on a flight crew with a dangerous
weapon), section 46505(b)(3) or (c)
(relating to explosive or incendiary
devices, or endangerment of human life
by means of weapons, on aircraft),
section 46506 if homicide or attempted
homicide is involved (relating to
application of certain criminal laws to
acts on aircraft), or section 60123(b)
(relating to destruction of interstate
gas or hazardous liquid pipeline
facility) of title 49; or
(iv) section 1010A of the
Controlled Substances Import and Export
Act (relating to narco-terrorism).
* * * * * * *
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.
* * * * * * *