Nuclear Terrorism Conventions Implementation and Safety of Maritime Navigation Act of 2012 - Title I: Safety of Maritime Navigation - (Sec. 101) Amends the federal criminal code to provide that existing prohibitions against conduct that endangers the safe navigation of a ship: (1) shall apply to conduct that is committed against or on board a U.S. vessel or a vessel subject to U.S. jurisdiction, in U.S. territorial seas, or by a U.S. corporation or legal entity; and (2) shall not apply to activities of armed forces during an armed conflict or in the exercise of official duties.
Sets forth procedures regarding the delivery of a person who is suspected of committing a maritime navigation or fixed platform offense 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.
Subjects property used or intended to be used to commit or to facilitate the commission of a maritime navigation offense to civil forfeiture.
(Sec. 102) Prohibits: (1) using in or on a ship or a maritime fixed platform any explosive or radioactive material, biological, chemical, or nuclear weapon, or other nuclear explosive device in a manner likely to cause death or serious injury or damage when the purpose is to intimidate a population or to compel a government or international organization to act or abstain from acting; (2) transporting on board a ship such material or device (or certain related material or technology) that is intended for such use, with specified exceptions; (3) transporting on board a ship a person known to have committed a maritime navigation offense intending to assist such person to evade prosecution; (4) injuring or killing any person in connection with such an offense; or (5) conspiring, attempting, or threatening to commit such an offense. Sets forth: (1) the circumstances in which the United States can exercise jurisdiction over such offenses, and (2) exceptions applicable to activities of the armed forces. Provides for civil forfeiture of property used to commit or to facilitate a violation.
(Sec. 105) Modifies the definition of "federal crime of terrorism" to include such offenses.
Title II: Prevention of Nuclear Terrorism - (Sec. 201) Prohibits anyone, knowingly, unlawfully, and with intent to cause death, serious bodily injury, or substantial damage to property or the environment, from: (1) possessing radioactive material or making or possessing a nuclear explosive device or a radioactive material dispersal or radiation-emitting device; (2) using radioactive material or a device, using, damaging, or interfering with the operation of a nuclear facility in a manner that causes or increases the risk of the release of radioactive material, or causing radioactive contamination or exposure to radiation; or (3) threatening, attempting, or conspiring to commit such an offense. Sets forth: (1) the circumstances in which the United States can exercise jurisdiction over such offenses, and (2) exceptions applicable to activities of the armed forces.
(Sec. 202) Amends provisions prohibiting transactions involving nuclear materials to: (1) prohibit, intentionally and without lawful authority, carrying, sending, or moving nuclear material into or out of a country; and (2) establish an exception for activities of the armed forces.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5889 Introduced in House (IH)]
112th CONGRESS
2d Session
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 5, 2012
Mr. Smith of Texas (for himself, Mr. Conyers, Mr. Sensenbrenner, and
Mr. Scott of Virginia) introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to provide for protection of
maritime navigation and prevention of nuclear terrorism, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``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, 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) 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.
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.''.
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.
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.''.
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).
``(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 redesignated paragraph (8), by striking ``an offense
under paragraph (1), (2), (3), or (4)'' and inserting ``any act
prohibited under paragraphs (1) through (5)''; and
(4) in redesignated paragraph (9), 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 the final ``or'';
(4) by inserting after paragraph (4):
``(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) redesignating subsections (d) through (f) as (e) through (g),
respectively;
(e) 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 redesignated subsection (g)--
(1) in paragraph (6), by striking the final ``and'';
(2) in paragraph (7), by striking the final period 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 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.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported by Voice Vote.
Reported by the Committee on Judiciary. H. Rept. 112-551.
Reported by the Committee on Judiciary. H. Rept. 112-551.
Placed on the Union Calendar, Calendar No. 395.
Mr. Smith (TX) moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H3986-3991)
DEBATE - The House proceeded with forty minutes of debate on H.R. 5889.
At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. Johnson (GA) objected to the vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was withdrawn.
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Considered as unfinished business. (consideration: CR H4421)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR 6/26/2012 H3986-3989)
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR 6/26/2012 H3986-3989)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.
Read twice and referred to the Committee on the Judiciary.