; and (5) 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. (e) Limitation on prosecution No prosecution for any offense described in this section shall be undertaken by the United States except on written certification of the Attorney General or the highest ranking subordinate of the Attorney General with responsibility for criminal prosecutions of the offenses in this chapter that, in the judgment of the certifying official, such offense was intended to intimidate or coerce a civilian population, influence the policy of a government by intimidation or coercion, or affect the conduct of a government by mass destruction, assassination, or kidnapping. . (b) Clerical amendment The table of sections for chapter 113B of title 18, United States Code, is amended by inserting after the item relating to section 2332i the following: 2332j. Acts of terrorism occurring in the territorial jurisdiction of the United States. . (c) Conforming amendments (1) Federal crime of terrorism Section 2332b(g)(5) of title 18, United States Code, is amended by inserting after 2332i (relating to acts of nuclear terrorism), the following: 2332j (relating to acts of terrorism occurring in the territorial jurisdiction of the United States), . (2) Providing material support to terrorists Section 2339A(a) of title 18, United States Code, is amended by inserting after 2332f, the following: 2332j, . (d) Penalty clarification Section 2332b(c)(1)(E) of title 18, United States Code, is amended by inserting after for the following: creating a substantial risk of serious bodily injury to any other person by . (e) Report on civil liberties (1) In general Not later than 4 years after the date of the enactment of this Act, the Privacy and Civil Liberties Oversight Board established by section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 42 U.S.C. 2000ee ) shall make publicly available a