[Congressional Record Volume 158, Number 97 (Tuesday, June 26, 2012)]
[House]
[Pages H3986-H3991]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1500
  NUCLEAR TERRORISM CONVENTIONS IMPLEMENTATION AND SAFETY OF MARITIME 
                         NAVIGATION ACT OF 2012

  Mr. SMITH of Texas. Madam Speaker, I move to suspend the rules and 
pass the bill (H.R. 5889) to amend title 18, United States Code, to 
provide for protection of maritime navigation and prevention of nuclear 
terrorism, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5889

       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 
     Conventions Implementation and Safety of Maritime Navigation 
     Act of 2012''.

                 TITLE I--SAFETY OF MARITIME NAVIGATION

     SEC. 101. AMENDMENT TO SECTION 2280 OF TITLE 18, UNITED 
                   STATES CODE.

       Section 2280 of title 18, United States Code, is amended--
       (1) in subsection (b)--
       (A) in paragraph (1)(A)(i), by striking ``a ship flying the 
     flag of the United States'' and inserting ``a vessel of the 
     United States or a vessel subject to the jurisdiction of the 
     United States (as defined in section 70502 of title 46)'';
       (B) in paragraph (1)(A)(ii), by inserting ``, including the 
     territorial seas'' after ``in the United States''; and
       (C) in paragraph (1)(A)(iii), by inserting ``, by a United 
     States corporation or legal entity,'' after ``by a national 
     of the United States'';
       (2) in subsection (c), by striking ``section 2(c)'' and 
     inserting ``section 13(c)'';
       (3) by striking subsection (d);
       (4) by striking subsection (e) and inserting after 
     subsection (c):
       ``(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,

[[Page H3987]]

     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)(6) 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.''; and
       (5) by inserting after subsection (d) (as added by 
     paragraph (4) of this section) the following:
       ``(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. 102. NEW SECTION 2280A OF TITLE 18, UNITED STATES CODE.

       (a) In General.--Chapter 111 of title 18, United States 
     Code, is amended by adding after section 2280 the following 
     new section:

     ``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

[[Page H3988]]

     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.''.
       (b) Conforming Amendment.--The table of sections at the 
     beginning of chapter 111 of title 18, United States Code, is 
     amended by adding after the item relating to section 2280 the 
     following new item:

``2280a. Violence against maritime navigation and maritime transport 
              involving weapons of mass destruction.''.

     SEC. 103. AMENDMENTS TO SECTION 2281 OF TITLE 18, UNITED 
                   STATES CODE.

       Section 2281 of title 18, United States Code, is amended--
       (1) in subsection (c), by striking ``section 2(c)'' and 
     inserting ``section 13(c)'';
       (2) in subsection (d), by striking the definitions of 
     ``national of the United States,'' ``territorial sea of the 
     United States,'' and ``United States''; and
       (3) by inserting after subsection (d) the following:
       ``(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. 104. NEW SECTION 2281A OF TITLE 18, UNITED STATES CODE.

       (a) In General.--Chapter 111 of title 18, United States 
     Code, is amended by adding after section 2281 the following 
     new section:

     ``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.''.
       (b) Conforming Amendment.--The table of sections at the 
     beginning of chapter 111 of title 18, United States Code, is 
     amended by adding after the item relating to section 2281 the 
     following new item:

``2281a. Additional offenses against maritime fixed platforms.''.

     SEC. 105. ANCILLARY MEASURE.

       Section 2332b(g)(5)(B) of title 18, United States Code, is 
     amended by inserting ``2280a (relating to maritime safety),'' 
     before ``2281'', and by striking ``2281'' and inserting 
     ``2281 through 2281a''.

               TITLE II--PREVENTION OF NUCLEAR TERRORISM

     SEC. 201. NEW SECTION 2332I OF TITLE 18.

       (a) In General.--Chapter 113B of title 18, United States 
     Code, is amended by adding after section 2332h the following:

     ``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).

[[Page H3989]]

       ``(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.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 113B of title 18, United States Code, is 
     amended by inserting after section 2332h the following:

``2332i. Acts of nuclear terrorism.''.
       (c) Disclaimer.--Nothing contained in this section is 
     intended to affect the applicability of any other Federal or 
     State law that might pertain to the underlying conduct.

     SEC. 202. AMENDMENT TO SECTION 831 OF TITLE 18 OF THE U.S. 
                   CODE.

       Section 831 of title 18, United States Code, is amended--
        (a) in subsection (a)--
       (1) by redesignating paragraphs (3) through (8) as (4) 
     through (9);
       (2) by inserting after paragraph (2) the following:
       ``(3) without lawful authority, intentionally carries, 
     sends or moves nuclear material into or out of a country;'';
       (3) in paragraph (8), as redesignated, by striking ``an 
     offense under paragraph (1), (2), (3), or (4)'' and inserting 
     ``any act prohibited under paragraphs (1) through (5)''; and
       (4) in paragraph (9), as redesignated, by striking ``an 
     offense under paragraph (1), (2), (3), or (4)'' and inserting 
     ``any act prohibited under paragraphs (1) through (7)'';
       (b) in subsection (b)--
       (1) in paragraph (1), by striking ``(7)'' and inserting 
     ``(8)''; and
       (2) in paragraph (2), by striking ``(8)'' and inserting 
     ``(9)'';
       (c) in subsection (c)--
       (1) in subparagraph (2)(A), by adding after ``United 
     States'' the following: ``or a stateless person whose 
     habitual residence is in the United States'';
       (2) by striking paragraph (5);
       (3) in paragraph (4), by striking ``or'' at the end;
       (4) by inserting after paragraph (4), the following:
       ``(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) by redesignating subsections (d) through (f) as (e) 
     through (g), respectively;
       (e) by inserting after subsection (c):
       ``(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.''; and
       (f) in subsection (g), as redesignated--
       (1) in paragraph (6), by striking ``and'' at the end;
       (2) in paragraph (7), by striking the period at the end and 
     inserting a semicolon; and
       (3) by inserting after paragraph (7), the following:
       ``(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.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Texas (Mr. Smith) and the gentleman from Georgia (Mr. Johnson) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Texas.


                             General Leave

  Mr. SMITH of Texas. Madam Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks and include extraneous materials on H.R. 5889, as 
amended, currently under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  Mr. SMITH of Texas. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I introduced this legislation to implement certain 
provisions of four multilateral counterterrorism treaties that will 
make America and the world safer.
  The significance of this legislation and the bipartisanship 
demonstrated to get this bill to the House floor is evidenced by those 
who have joined me as original cosponsors--Judiciary Committee Ranking 
Member John Conyers, Crime Subcommittee Chairman Jim Sensenbrenner, and 
Crime Subcommittee Ranking Member Bobby Scott.

[[Page H3990]]

  Terrorism and the proliferation of weapons of mass destruction do not 
recognize international boundaries. The treaties that this legislation 
relates to are important tools in the fight against terrorism. Each one 
builds on an existing treaty to which the United States is a party. 
Implementation of these treaties will enhance the national security of 
the United States.
  This legislation modernizes and strengthens the international 
counterterrorism and counterproliferation legal framework. The treaties 
in this legislation complement important U.S. priorities to prevent 
nuclear terrorism, counterproliferation of weapons of mass destruction, 
and counterterrorism initiatives.
  Acceptance of these treaties will reinforce the United States' 
leadership role in promoting these and other counterterrorism treaties 
and will likely prompt other countries to join. The treaties are widely 
supported by the U.S. Departments of State, Justice, and Defense. This 
legislation strengthens current law and related jurisdictional 
provisions.
  Acceptance of the underlying treaties benefits the United States in 
many ways. For example, parties to the underlying treaties are required 
to criminalize certain acts committed by persons who possess or use 
radioactive material or a nuclear device, and parties are obligated to 
extradite or prosecute alleged offenders.
  As they relate to maritime terrorism, the underlying treaties would 
treat vessels and fixed maritime platforms as a potential means of 
conducting terrorism activity and not just as objects of terrorist 
activity.
  The previous administration strongly supported approval of these 
agreements, which have already received Senate advice and consent. The 
current administration wants to advance this legislation so that the 
United States maintains its leadership role in counter-nuclear 
proliferation efforts and terrorism prevention.
  Advancing this legislation strengthens international cooperation and 
information sharing as it relates to international terrorism and 
proliferation of weapons of mass destruction.
  I urge my colleagues to support this bipartisan legislation, and I 
reserve the balance of my time.
  Mr. JOHNSON of Georgia. Madam Speaker, the four treaties underlying 
this legislation are the cornerstones of an important effort to update 
international law for the post-September 11 era.
  Two of the treaties, the International Convention for the Suppression 
of Acts of Nuclear Terrorism and the Convention for the Physical 
Protection of Nuclear Material, require party nations to better protect 
nuclear materials and to punish acts of nuclear terrorism.
  The two other treaties, amendments to the Convention for the 
Suppression of Unlawful Acts Against the Safety of Maritime Navigation 
and the protocol for the Suppression of Unlawful Acts Against the 
Safety of Fixed Platforms, address the use of ships and fixed platforms 
in terrorist attacks, as well as the transport of weapons, weapons 
delivery systems, and terrorist fugitives by sea.
  The United States signed these treaties in 2005. The Senate passed 
resolutions of advice and consent on all four in 2008. In an era where 
we increasingly rely on our allies to combat terrorism, these new 
treaty obligations are also plain common sense. Members of this 
committee have been committed to their ratification from the very 
start.
  We disagreed with the administration's original legislative proposal 
only where it asked for far more than was necessary to implement these 
treaties. Fortunately, after many months of discussion, we have arrived 
at language that implements these treaties without making unnecessary 
and needlessly controversial changes to the Federal Criminal Code.
  H.R. 5889 represents true bipartisan consensus and has the full 
support of the Obama administration. I look forward to its passage here 
in the House, to its ultimate passage in the Senate, and to our 
diplomatic corps filing letters of ratification after all these years.
  I want to thank Chairman Smith and Chairman Sensenbrenner both for 
holding a hearing in the Crime Subcommittee on this important 
legislation in October of last year, and for their collaboration with 
Crime Subcommittee Ranking Member Bobby Scott to work out our concerns 
with the administration.
  I urge my colleagues to support the bill, and I yield back the 
balance of my time.
  Mr. SMITH of Texas. Madam Speaker, I yield back the balance of my 
time.
  Ms. JACKSON LEE of Texas. Madam Speaker, I rise in support of H.R. 
5889, ``The Nuclear Terrorism Conventions, Safety of Maritime 
Navigation Act.''
  As the Ranking Member of the Homeland Security Committee, 
Subcommittee on Transportation Security and Infrastructure, I am well-
aware of the gravity of nuclear terrorism conventions. It must be noted 
that Americans may disagree on a lot of things--something that is 
reflected in this body every day--but when it comes to securing our 
Homeland--we generally have come together.
  By imposing fines and punishment on onerous acts, this bill will 
hopefully serve as a deterrent to those who seek to commit such acts. 
It also prevents the transport of certain materials which, in their 
ordinary course are not those which would be transported outside of 
certain commercially permitted uses.
  H.R. 5889 would implement four multilateral counterterrorism 
treaties. The bill was introduced on June 5, 2012 by Representative 
Lamar Smith,  Committee Chairman, with Representatives John Conyers, 
Jr. Committee Ranking Member; Bobby Scott Crime Subcommittee Ranking 
Member; and F. James Sensenbrenner, Jr., Crime Subcommittee Chairman, 
as original cosponsors. H.R. 5889 has bipartisan support and is the 
result of extensive negotiations with the Administration, the State 
Department, and the Department of Justice. I appreciate the work of my 
colleagues on this legislation and look forward to the enactment of 
more bi-partisan legislation in the near future.
  The Subcommittee on Crime, Terrorism, and Homeland Security held a 
hearing on this proposal on October 4, 2011. As I recall, witnesses 
included representatives from the Department of Justice and the 
Department of State.


                         A. General Background

  This legislation is designed to implement four multilateral 
counterterrorism treaties, each an update to existing international 
law. The four treaties include:
  The International Convention for the Suppression of Acts of Nuclear 
Terrorism (``NTC''), which requires party nations to criminalize acts 
of terrorism involving radioactive material. The NTC entered into force 
on July 7, 2007. Of the thirteen multilateral counterterrorism treaties 
now in force, it is the only one that the United States has yet to 
ratify. Moreover, it is the first treaty of its kind adopted after the 
attacks of September 11, 2001, and thus has symbolic importance.
  An amendment to the Convention on the Physical Protection of Nuclear 
Material (``CPPNM''), which creates new security requirements for the 
use and storage of nuclear materials used for domestic purposes. The 
amendment will not take effect until it is ratified by two-thirds of 
the parties to the CPPNM. U.S. ratification will likely create some 
momentum towards final entry into force.

  The 2005 Protocol to the 1988 Convention for the Suppression of 
Unlawful Acts against the Safety of Maritime Navigation (``SUA 
Protocol''), which addresses the use of ships in terrorist attacks, as 
well as the transport of weapons, weapons delivery systems, and 
terrorist fugitives by sea. The SUA protocol requires twelve 
ratifications to enter into force; so far, only eleven nations have 
ratified the 2005 changes.
  The 2005 Protocol for the Suppression of Unlawful Acts against the 
Safety of Fixed Platforms (``Fixed Platform Protocol''), which mirrors 
the SUA Protocol with respect to offshore platforms. The Fixed Platform 
Protocol cannot take effect until the SUA Protocol amendment enters 
into force.
  The United States signed all four agreements in 2005, and the Senate 
passed resolutions of advice and consent for all four treaties on 
September 25, 2008.
  In the words of the Department of State's witness, Thomas M. 
Countryman, at an earlier hearing this session, ``First, the proposed 
implementing legislation will ensure that the United States complies 
with our international obligations under each treaty to criminalize 
certain conduct and establish criminal jurisdiction over that conduct. 
The criminal offenses covered under these treaties are serious offenses 
involving nuclear terrorism, WMD proliferation, maritime terrorism, and 
unlawful maritime transport of WMD and their delivery systems. There is 
international consensus that countries should cooperate in the 
prevention, investigation, and prosecution of these offenses. The 
proposed implementing legislation will both fill gaps within U.S. law 
and facilitate international cooperation with foreign partners under 
the framework of these treaties.

[[Page H3991]]

  Second, the proposed implementing legislation is modeled after 
legislation passed by Congress to implement earlier counterterrorism 
treaties. Most recently, in 2002 Congress passed legislation to 
implement two treaties which focused on terrorist bombings and 
terrorist finance. The form of the proposed legislation tracks that 
which has been successfully used in the past. Indeed, the proposed 
legislation for the 2005 SUA Protocols itself amends legislation 
originally passed by Congress to implement the SUA Convention and Fixed 
Platforms Protocol. Just as the 2005 SUA Protocols amend those earlier 
treaties, so would the proposed legislation amend U.S. law implementing 
those treaties.''
  According to the Department of Justice, the United States cannot 
ratify these four agreements until Congress has amended the federal 
criminal code to bring it into line with these new treaty obligations. 
Early this Congress, the Obama Administration submitted a legislative 
proposal to Congress to implement these changes. This proposal was 
substantially identical to two earlier proposals in the 110th and 111th 
Congresses.
  At the October 2011 Subcommittee hearing, members questioned the 
apparent over breadth of the Administration's proposed legislation. 
Several provisions seemed completely outside the scope of the 
requirements of the treaties, e.g., an expansion of the scope of 
conduct subject to the death penalty, new wiretap predicates, and 
authorization for the President to conduct similar agreements in the 
future without congressional approval. With the full cooperation of the 
Majority, Committee staff negotiated implementing legislation that does 
not include these troubling provisions.
  The Obama Administration has also indicated its official support for 
the bill. And I too will support this measure and look forward to 
receiving timely official reports as we attempt to secure our navigable 
waterways and prevent acts of terrorism.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Texas (Mr. Smith) that the House suspend the rules and 
pass the bill, H.R. 5889, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. JOHNSON of Georgia. Madam Speaker, I object to the vote on the 
ground that a quorum is not present and make the point of order that a 
quorum is not present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this question will be postponed.
  The point of no quorum is considered withdrawn.

                          ____________________