[Congressional Record Volume 159, Number 71 (Monday, May 20, 2013)]
[House]
[Pages H2781-H2785]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NUCLEAR TERRORISM CONVENTIONS IMPLEMENTATION AND SAFETY OF MARITIME
NAVIGATION ACT OF 2013
Mr. COLLINS of Georgia. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 1073) to amend title 18, United States Code, to
provide for protection of maritime navigation and prevention of nuclear
terrorism, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1073
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 2013''.
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, 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)(7) 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
[[Page H2782]]
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 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
[[Page H2783]]
``(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, UNITED STATES CODE.
(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).
``(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;
[[Page H2784]]
``(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.
(d) Inclusion in Definition of Federal Crimes of
Terrorism.--Section 2332b(g)(5)(B) of title 18, United States
Code, is amended by inserting ``2332i (relating to acts of
nuclear terrorism),'' before ``2339 (relating to harboring
terrorists)''.
SEC. 202. AMENDMENT TO SECTION 831 OF TITLE 18 OF THE UNITED
STATES 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; and
(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
Georgia (Mr. Collins) and the gentleman from Virginia (Mr. Scott) each
will control 20 minutes.
The Chair recognizes the gentleman from Georgia.
General Leave
Mr. COLLINS of Georgia. Mr. 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. 1073, currently
under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Georgia?
There was no objection.
Mr. COLLINS of Georgia. Mr. Speaker, I am pleased to yield as much
time as he may consume to the gentleman from Wisconsin (Mr.
Sensenbrenner), the chairman of the Crime Subcommittee and the bill's
sponsor.
Mr. SENSENBRENNER. I thank the gentleman from Georgia for yielding.
I sponsored this legislation to improve the ability to protect the
United States from terrorist attacks, including attacks using weapons
of mass destruction or attacks involving ships and maritime platforms.
H.R. 1073 implements obligations of four multilateral
counterterrorism treaties. Full ratification of the underlying treaties
will not be achieved until Congress amends existing criminal provisions
of the United States Code.
This legislation was prepared in full cooperation with our Democratic
colleagues on the committee, following months of work by committee
staff in consultation with the Departments of Justice and State.
The importance of this bipartisan legislation is evidenced by those
who have joined me as original cosponsors: the gentleman from Virginia,
Judiciary Committee Chairman Bob Goodlatte; Ranking Member John
Conyers; and Crime Subcommittee Ranking Member Bobby Scott.
Two of these treaties concern nuclear and radiological materials, the
sabotage of nuclear facilities, and the protection of nuclear
facilities and materials used for peaceful purposes. The other two
treaties relate to the use or targeting of ships or maritime platforms
as a part of a terrorist attack, transporting of certain materials by
ship for terrorist purposes, and the transport of terrorists by ship,
among other things.
The International Convention for the Suppression of Acts of Nuclear
Terrorism was signed by President Bush on behalf of the United States
on September 14, 2005. It requires the U.S. to criminalize certain
unlawful acts relating to the possession and use of radioactive
material and radiological dispersal devices and damage to nuclear
facilities.
{time} 1720
An amendment to the Convention on the Physical Protection of Nuclear
Material, which was adopted at a diplomatic conference on July 25,
2005, requires the U.S. to criminalize nuclear smuggling and sabotage
of nuclear facilities. The 2005 Protocol to the 1988 Convention for the
Suppression of Unlawful Acts Against the Safety of Maritime Navigation
requires parties to criminalize the use or targeting of a ship or a
fixed maritime platform in an act of terrorism. The Protocol forbids
certain maritime terrorism acts and the maritime transport of
biological, chemical, or nuclear weapons, or their components, delivery
means, or materials under specified circumstances. It also forbids the
maritime transport of terrorist fugitives. The 2005 Protocol to the
1988 Protocol for the Suppression of Unlawful Acts Against the Safety
of Fixed Platforms Located on the Continental Shelf criminalizes
terrorist acts involving a fixed maritime platform.
To combat these types of terrorist threats effectively, we need both
a comprehensive domestic legal framework and a broad international
legal framework to facilitate international cooperation. Existing law
may cover certain obligations under these treaties, but in order to
fully comply and ultimately ratify the treaties, parties to the
agreements are required to criminalize certain conduct and to fulfill
extradition requirements and other obligations relating to
international cooperation.
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 treat vessels and fixed maritime platforms as a
potential means of conducting terrorism activity and not just as
objects of terrorist activity.
[[Page H2785]]
Both the Bush and Obama administrations support ratification of these
agreements, which have already received Senate advice and consent.
Advancing this legislation strengthens international cooperation and
information-sharing, and will ensure that the United States stays at
the forefront of global counterterrorism and counterproliferation
efforts. These measures are consistent with our domestic efforts to
improve homeland security and to promote better international
cooperation.
It is my hope the Senate will act swiftly to pass this legislation so
that these important multilateral agreements can finally be ratified. I
encourage my colleagues to vote in favor of this legislation.
Mr. SCOTT of Virginia. Mr. Speaker, I yield myself such time as I may
consume.
I rise in support of H.R. 1073, the Nuclear Terrorism Conventions
Implementation and Safety of Maritime Navigation Act. This bipartisan
legislation, which was reported favorably by the Judiciary Committee in
March, is nearly identical to legislation that the House passed by
voice vote in the last Congress.
H.R. 1073 amends the Federal Criminal Code to conform our laws to our
Nation's obligations under four international treaties that are part of
an important effort to update international law for the post-September
11th 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.
Two other treaties, amendments to the Convention for the Suppression
of Unlawful Acts Against the Safety of Maritime Navigation and the
Protocol for 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 the transport of terrorist fugitives by sea.
The United States signed these treaties in 2005, and the Senate
passed resolutions of advice and consent on all four in 2008. We cannot
ratify these agreements, however, until Congress amends the Federal
Criminal Code to bring it in line with our new obligations. H.R. 1073
does just that--and nothing more. It amends title 18 of the United
States Code to explicitly prohibit acts of terrorism involving
radioactive material, provide new security requirements for the use and
storage of nuclear materials, and address the use of ships and offshore
platforms in terrorist attacks.
With the cooperation of the Justice Department, this bill does not
include previously proposed language that was outside the scope of the
underlying treaties. For example, the original version proposed by the
administration included 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. There is no need to argue about these
controversial provisions in order to implement the underlying treaties,
and those unrelated initiatives have been removed in this version of
the bill. So I'm grateful for the spirit of cooperation in which the
bill before us has been drafted.
The resulting bipartisan proposal has the full support of the Obama
administration. I'm pleased to join my colleagues, the gentleman from
Wisconsin, the chair of the Subcommittee on Crime, Mr. Sensenbrenner,
along with Ranking Member Conyers and Chairman Goodlatte.
I urge my colleagues to support H.R. 1073. I have one additional
speaker, so I will reserve the balance of my time.
Mr. COLLINS of Georgia. I continue to reserve the balance of my time.
Mr. SCOTT of Virginia. Mr. Speaker, I yield such time as he may
consume to the gentleman from Pennsylvania (Mr. Fattah).
Mr. FATTAH. Let me thank the ranking member and let me thank the
gentleman, Mr. Sensenbrenner, who brought this bill before us. I rise
in support of the bill, and I wanted to use this occasion to make some
additional comments.
We recognize that the proliferation of nuclear weapons is the
greatest threat that our country faces. I took a trip with Chairman
Young to visit the International Atomic Energy Agency in Vienna,
Austria, looking at the weapons development program in Iran. This is a
big issue that the Congress has got to pay a lot of attention to.
But I also wanted to take a minute as a member of the Energy
Appropriations Subcommittee to talk about the administration's request
on both nonproliferation and modernization. The nonproliferation
request is flatlined. The weapons modernization, which is important as
relates to our obligations and agreements relative to the START treaty,
is well funded. But we think there are some gaps in terms of the
planning. And we need to understand more fully, in terms of both the B-
61 and the W-76, where we're headed in terms of the long-term package.
So this bill is important because it deals with terrorism threats in
terms of nuclear weapons. Part of dealing with that is to make sure
that we continue the work of Senators Nunn and Lugar in
nonproliferation. It's also important for our country to modernize our
weapons, and to do that with a full understanding that we cannot do
that on a year-to-year basis. We have to have a long-term plan and
understand the entire package.
Mr. SCOTT of Virginia. Mr. Speaker, I yield back the balance of my
time.
Mr. COLLINS of Georgia. Mr. Speaker, I yield myself such time as I
may consume.
H.R. 1073, the Nuclear Terrorism Conventions Implementation and
Safety of Maritime Navigation Act of 2013, is bipartisan legislation to
ratify certain counterterrorism treaty obligations. This legislation
was reported by voice vote from the Judiciary Committee last month.
Similar legislation was unanimously reported by the committee and
passed the House by voice vote also last Congress.
Terrorism and the proliferation of weapons of mass destruction do not
recognize international boundaries. These treaties are important tools
in the fight against terrorism. Each one builds on an existing treaty
to which the United States is a party. The treaties and this
legislation complement important U.S. priorities to prevent nuclear
terrorism, counterproliferation of weapons of mass destruction, and
counterterrorism initiatives. Enacting this legislation will reinforce
the United States' leadership role in promoting these and other
counterterrorism treaties and will likely prompt other countries to
join.
{time} 1730
In addition to bolstering broad security and proliferation-prevention
goals, these protocols help to promote implementation of certain
sanctions against rogue regimes that are hostile to U.S. interests.
I commend Chairman Goodlatte and Ranking Member Conyers, along with
the sponsor of H.R. 1073, Crime Subcommittee Chairman Sensenbrenner,
and Ranking Member Scott for their commitment to this important
legislation.
I urge my colleagues to join me in passing H.R. 1073 today, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Georgia (Mr. Collins) that the House suspend the rules
and pass the bill, H.R. 1073.
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. COLLINS of Georgia. Mr. Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________