[Congressional Record Volume 141, Number 18 (Monday, January 30, 1995)]
[Extensions of Remarks]
[Pages E219-E220]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


   NUCLEAR TERRORISM JURISDICTION EXTENSION AND CONTROL ACT, H.R. 730

                                 ______


                        HON. BENJAMIN A. GILMAN

                              of new york

                    in the house of representatives

                        Monday, January 30, 1995
  Mr. GILMAN. Mr. Speaker, today, I introduce another in a series of 
legislative proposals intended to strengthen America's defenses against 
the terrorist threat. I am particularly pleased to introduce the 
Nuclear Terrorism Jurisdictional Extension and Control Act of 1995, 
H.R. 730.
  [[Page E220]] This bill is an important step in our Nation's 
continuing and aggressive battle against international terrorism. It is 
especially important as relates to the latest and most alarming 
possibility, the nuclear terrorist threat.
  Since the collapse of the former Soviet Union, we are all familiar 
with the many news reports of that region, and in Europe on the 
possible black market sale of cold war missile nuclear material. The 
most recent account involved the arrests of smugglers and the seizure 
of almost three kilograms--6.6 pounds--of highly enriched uranium in 
the Czech Republic last December. This is a new challenge that cannot 
be ignored by either our allies in the region, or ourselves.
  The serious threat these new black market nuclear material sales 
pose, especially when made by common criminals, or organized crime 
figures from the former Soviet Union, possibly even to terrorists, or 
other unsavory individuals, is something to be taken seriously.
  We, here in the United States must act now, in order to be prepared 
for this new and possibly deadly nuclear challenge, before it is too 
late. We need to give our U.S. law enforcement agencies all the tools 
and authority they will need to fight this emerging new nuclear 
material criminal threat.
  The American law enforcement community needs new tools and statutory 
authority, especially following the collapse of the Soviet Union and 
the long-established strict state nuclear material controls, which once 
existed in the region. Controls and nuclear material stability, which 
today we can no longer take for granted or count on in many instances. 
The chances for trafficking in these nuclear materials is much greater 
today in light of these developments and the breakdown in traditional 
controls and state security arrangements in the region.
  While there is no need to panic, we must be prepared to act 
responsibly to insure that the United States can meet any nuclear 
material criminal threat, especially from terrorists, if one were to 
materialize. I note that the Secretary of State Mr. Christopher himself 
in an interview with the Washington Times on January 17, 1995, 
addressed some of the concerns over the nuclear material problem in the 
former Soviet Union, and the terrorist threat. While noting that the 
military facilities in the region maybe relatively safe from nuclear 
proliferation problems, unlike civilian laboratories, he went on to say 
``That's a problem for the entire world. It's a problem that we focus 
on in Russia because it has a great deal of this nuclear material.''
  Accordingly, we must review and revise our own criminal laws directed 
at the threat from the newest nuclear proliferation, especially in this 
unstable black market criminal climate in Eastern Europe today, where 
everything and anything, may be for sale. We must meet these new 
circumstances and challenges, many have not anticipated, nor even 
scarcely envisioned, just a few years ago.
  After review it is evident to me and others that there are some 
loopholes in U.S. criminal laws in this area that must be closed as 
soon as possible. In order to be prepared for such a new and more 
deadly threat, which no one could ever have imagined before the end of 
the cold war, we must act now and have our Federal criminal laws meet 
the new challenges.
  The bill I am introducing today, starts the process. It makes needed 
changes to help address this whole unanticipated new area of the 
criminal law and activity involving the unauthorized trade in dangerous 
nuclear materials for criminal purposes, including possible terrorism.
  This criminal threat, including this new phenomena of black market 
dealings in dangerous nuclear materials, requires even greater 
cooperation and international efforts by our law enforcement agencies 
in this post-cold-war era. Law enforcement both here and abroad, must 
be given the tools and authority in this new area of the criminal law 
to do the job, and protect all our citizens, whether at home or while 
they are abroad from a new nuclear threat.
  The bill I am introducing today provides the Attorney General and the 
FBI the necessary long arm jurisdiction to reach nuclear based crimes 
targeted against Americans anywhere in the world if the victim is the 
U.S. Government, an American citizen, or an American company; or 
alternatively, if those committing the offense are either U.S. citizens 
or U.S. companies, they are covered as well. The location of the 
offense in such circumstances anywhere in the world should not be a bar 
to U.S. jurisdiction over these crimes that may well threaten 
international stability and order today. The threat in such cases 
justifies this extraordinary criminal remedy.
  The bill also adds new forms of nuclear material to the coverage of 
our criminal laws as relates to prohibited transactions in explosives 
and dangerous materials, particularly nuclear byproduct material. It 
closes any possible loopholes under which those black market criminals 
might claim protection under U.S. law with regard to these dangerous 
nuclear materials, for example byproduct materials, including certain 
radioactive isotopes created in the operation of a nuclear reactor or 
accelerator, source, and/or other special nuclear materials.
  If these criminals may be dealing in, or contemplating dealing in 
such dangerous nuclear related materials in this unstable and uncertain 
time in the former Soviet Union, they will be covered by United States 
law under my new bill. Any possible loophole, will be closed.
  Accordingly I urge my colleagues to support this urgently needed 
legislation. I invite my colleagues to join me in helping American law 
enforcement take on the newest dangers from the nuclear terrorist 
threat, which we must face in this new and sometimes more dangerous, 
post-cold-war era.
  I ask that the full text of this bill be printed at this point in the 
Record.
                                H.R. 730

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Nuclear Terrorism 
     Jurisdiction Extension and Control Act of 1995''.

     SEC. 2. NUCLEAR TERRORISM JURISDICTION.

       (a) Extraterritorial Jurisdiction.--Paragraph (2) of 
     section 831(c) of title 18, United States Code, is amended to 
     read as follows:
       ``(2) one of the persons who committed, or is charged with 
     committing, the offense is a United States person, or the 
     offense is committed against a governmental entity or a 
     United States person;''.
       (b) Definition of United States Person.--Section 832(f) of 
     title 18, United States Code, is amended--
       (1) by striking the period at the end of paragraph (3) and 
     inserting ``; and''; and
       (2) by adding at the end the following:
       ``(4) the term `United States person' means.--
       ``(A) a national of the United States (as defined in 
     section 101 of the Immigration and Nationality Act); or
       ``(B) a corporation organized under the laws of the United 
     States, or of any State, district, commonwealth, territory or 
     possession of the United States.''.
       (c) Clarification of Covered Types of Nuclear Material.--
     Section 831(f)(2) of title 18, United States Code, is 
     amended.--
       (1) by striking ``or'' at the end of subparagraph (C);
       (2) by striking ``and'' at the end of subparagraph (D); and
       (3) by adding at the end the following:
       ``(E) byproduct material, source material, or special 
     nuclear material, as such terms are defined in section 11 of 
     the Atomic Energy Act of 1954; and''.
     

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