[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3806 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3806

 To amend title 18, with respect to certain crimes affecting national 
                   security, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 10, 2007

 Mr. Forbes (for himself, Mr. Smith of Texas, Mr. Coble, Mr. Gallegly, 
and Mr. Wolf) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 18, with respect to certain crimes affecting national 
                   security, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Supporting Prosecutions of 
International Espionage Schemes Act of 2007''.

SEC. 2. REVISION OF ESPIONAGE CRIMES.

    (a) In General.--Chapter 37 of title 18, United States Code, is 
amended to read as follows:

              ``CHAPTER 37--ESPIONAGE AND RELATED OFFENSES

``Sec.
``791. Gathering or transmitting information connected with the 
                            national defense.
``792. Losing information connected with the national defense.
``793. Forfeiture.
``794. General provisions for chapter.
``Sec. 791. Gathering or transmitting information connected with the 
              national defense
    ``Whoever, with intent or reason to believe that the information 
will be used to the injury of the United States, or to the advantage of 
any foreign power, knowingly--
            ``(1) without authorization obtains information connected 
        with the national defense; or
            ``(2) provides information connected with the national 
        defense to any person not entitled to receive it;
or attempts or conspires to do so, shall be imprisoned for life or for 
any term of years, and if death results, shall be subject to the death 
penalty.
``Sec. 792. Losing information connected with the national defense
    ``Whoever, or having lawful possession or control of any 
information connected with the national defense--
            ``(1) recklessly permits that information to be lost, 
        stolen, or destroyed; or
            ``(2) knowing that the information has been lost, or 
        stolen, or destroyed, fails to make prompt report of that fact 
        to an appropriate superior officer;
shall be fined under this title or imprisoned not more than 20 years, 
or both.
``Sec. 793. Forfeiture
    ``(a) In General.--A person convicted of a violation of this 
chapter shall forfeit to the United States--
            ``(1) any property constituting, or derived from, any 
        proceeds the person obtained, directly or indirectly, as the 
        result of such violation; and
            ``(2) any of the person's property used, or intended to be 
        used, in any manner or part, to commit, or to facilitate the 
        commission of, such violation.
    ``(b) Sentence of Forfeiture.--The court, in imposing sentence on a 
defendant for a conviction of a violation of this section, shall order 
that the defendant forfeit to the United States all property described 
in subsection (a).
    ``(c) Procedure.--Subsections (b), (c), and (e) through (p) of 
section 413 of the Comprehensive Drug Abuse Prevention and Control Act 
of 1970 shall apply to--
            ``(1) property subject to forfeiture under this subsection;
            ``(2) any seizure or disposition of such property; and
            ``(3) any administrative or judicial proceeding in relation 
        to such property.
``Sec. 794. General provisions for chapter
    ``(a) Definitions.--In this chapter--
            ``(1) the term `foreign power' has the meaning given that 
        term in section 101(a) of the Foreign Intelligence Surveillance 
        Act of 1978 (50 U.S.C. 1801(a)); and
            ``(2) the term `information connected with the national 
        defense' means non-public information in whatever form, the 
        disclosure of which could reasonably harm national security.
    ``(b) Exclusion Relating to Lawful Demands of Congress.--Nothing in 
this chapter prohibits the furnishing, upon lawful demand, of 
information to any regularly constituted committee of the Senate or 
House of Representatives of the United States of America, or joint 
committee thereof.
    ``(c) Statute of Limitations.--No person shall be tried for an 
offense under this chapter unless the indictment is found or the 
information is instituted not later than 10 years after the date on 
which the offense was committed.''.
    (b) Clerical Amendment.--The item relating to chapter 37 in the 
table of chapters for part I of title 18, United States Code, is 
amended to read as follows:

``37. Espionage and related offenses........................     791''.

SEC. 3. CHAPTER 115 PENALTIES.

    (a) Misprision of Treason.--Section 2382 of title 18, United States 
Code, is amended by striking ``seven'' and inserting ``20''.
    (b) Rebellion.--Section 2383 of title 18, United States Code, is 
amended by striking ``ten'' and inserting ``20''.

SEC. 4. COMPUTER ESPIONAGE.

    Section 1030 of title 18, United States Code, is amended--
            (1) in subsection (a)(1)--
                    (A) by striking ``willfully'' each place it appears 
                and inserting ``knowingly''; and
                    (B) by striking ``foreign nation'' and inserting 
                ``foreign power (as defined in 101(a) of the Foreign 
                Intelligence Surveillance Act of 1978 (50 U.S.C. 
                1801(a))'';
            (2) in subsection (c)(1)(A), by striking ``ten'' and 
        inserting ``20'' and
            (3) in subsection (c)(1)(B), by striking ``twenty'' and 
        inserting ``30''.

SEC. 5. SIMPLIFICATION OF SECTION 831.

    Section 831 of title 18, United States Code, is amended--
            (1) in subsection (a), by striking ``, if one of the 
        circumstances described in subsection (c) occurs'' and 
        inserting ``in the United States, 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)''; and
            (2) by amending subsection (c) to read as follows:
    ``(c) There is extraterritorial jurisdiction over an offense under 
this section.''.

SEC. 6. DESTRUCTION OF OR DAMAGE TO NUCLEAR FACILITY.

    (a) In General.--Chapter 65 of title 18, United States Code, is 
amended by inserting after section 1366 the following:
``Sec. 1366A. Damage to nuclear facility and related crimes
    ``(a) Offense.--Whoever knowingly--
            ``(1) causes physical damage to a nuclear facility or to 
        nuclear fuel;
            ``(2) without authorization causes an interruption of 
        normal operation of a nuclear facility;
or attempts or conspires to do so, shall be fined under this title or 
imprisoned not more than 30 years or both, and if death results to any 
person, shall subject to the death penalty and the maximum term of 
imprisonment shall be life or any term of years.
    ``(b) Definitions.--In this section--
            ``(1) the term `nuclear facility' means any production 
        facility or utilization facility, nuclear storage facility, or 
        any uranium enrichment facility, as defined for the purposes of 
        the Atomic Energy Act of 1954, that is licenced under the 
        Atomic Energy Act of 1954; and
            ``(2) the term `nuclear fuel' means any fuel for a nuclear 
        facility or any spent nuclear fuel from a nuclear facility.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 65 of title 18, United States Code, is amended by inserting 
after the item relating to section 1366 the following new item:

``1366A. Destruction of or damage to nuclear facility.''.

SEC. 7. ELIMINATION OF OBSOLETE OR SUPERSEDED CRIMINAL PROVISIONS IN 
              THE ATOMIC ENERGY ACT OF 1954.

    The Atomic Energy Act of 1954 is amended--
            (1) by striking sections 91, 221, 224, 225, 226, 227, and 
        235;
            (2) by striking subsections a. and b. of section 57;
            (3) in section 222 a., by striking ``57 or''; and
            (4) by striking subsection b. of section 222.

SEC. 8. EXPORT CONTROL VIOLATIONS.

    (a) In General.--Chapter 27 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 555. Export control violations
    ``(a) Offense.--Whoever knowingly violates a requirement of section 
38 or 39 of the Arms Export Control Act (22 U.S.C. 2778; 2779) or of 
the Export Administration Act of 1979 (50 U.S.C. App 2401 et seq.) or a 
rule made under either of those sections or that Act, or attempts or 
conspires to do so, shall be fined not more than $1,000,000 or 
imprisoned not more than 20 years, or both.
    ``(b) State of Mind Proof.--This section does not require proof 
that the defendant knew the requirement existed if the defendant had 
reason to know that such was the case.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 27 of title 18, United States Code, is amended by adding at the 
end the following new item:

``555. Export control violations.''.
    (c) Conforming Amendments.--
            (1) Arms export control act.--Section 38 of the Arms Export 
        Control Act (22 U.S.C. 2778) is amended by striking subsection 
        (c).
            (2) Export administration act.--Section 11 of the Export 
        Administration Act (50 U.S.C. App. 2410) is amended by striking 
        subsections (a) and (b).

SEC. 9. WIRETAPPING EQUIPMENT PROHIBITION CHANGE.

    Section 2512(2)(b) of title 18, United States Code, is amended by 
inserting ``or otherwise authorized by'' after ``under contract with''.

SEC. 10. IMPROVEMENT OF CRIMINAL CASE DISPOSITION REPORTING.

    Not later than 180 days after the date of the enactment of this 
Act, the Attorney General, in consultation with the Secretary of the 
Department of Homeland Security, the Secretary of the State Department, 
and the Secretary of the Department of Commerce, shall implement a 
policy to notify appropriate officials at the Department of Homeland 
Security, Department of State and Department of Commerce of any 
indictments, convictions, or dispositions of any criminal investigation 
or prosecution involving violations of the Arms Export Control Act or 
the Export Administration Act.

SEC. 11. COMPREHENSIVE IMPORT AND EXPORT CONTROL DATABASE.

    Not later than one year after the date of the enactment of this 
Act, the Attorney General, in consultation with the Secretary of the 
Department of Homeland Security, the Secretary of the State Department, 
and the Secretary of the Department of Commerce, shall develop a 
database, which shall be publicly accessible on the Internet, and 
include an accurate and up to date import and export control database 
for export control activities, including lists of products that require 
licensing and that are otherwise prohibited under the Arms Export 
Control Act or the Export Administration Act.

SEC. 12. TECHNICAL ASSISTANCE TO IMPROVE ENFORCEMENT OF EXPORT 
              CONTROLS.

    The Attorney General, in consultation with the Secretary of the 
Department of Homeland Security, the Secretary of the State Department, 
and the Secretary of the Department of Commerce, shall provide 
technical assistance to train investigators and prosecutors to improve 
and increase enforcement and prosecution of export control laws.
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