[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.
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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.
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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.
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