H.R. 1073: Nuclear Terrorism Conventions Implementation and Safety of Maritime Navigation Act of 2013

Introduced:
Mar 12, 2013 (113th Congress, 2013–2015)
Sponsor:
Rep. James Sensenbrenner Jr. [R-WI5]
Status:
Passed House

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


3/12/2013--Introduced.
Nuclear Terrorism Conventions Implementation and Safety of Maritime Navigation Act of 2013 - 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.
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..
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.
Modifies the definition of "federal crime of terrorism" to include such offenses.
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.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.


This summary can be found at http://www.gop.gov/bill/113/1/hr1073.

Background

In 2005, the United States signed three treaties to help combat terrorism and nuclear proliferation:

(1)  the International Convention for the Suppression of Acts of Nuclear Terrorism, also known as the Nuclear Terrorism Convention (NTC), requires States to criminalize acts relating to the possession and use of radioactive material and damage to nuclear facilities[1];

(2)  an amendment to the Convention on the Physical Protection of Nuclear Material requires States to criminalize nuclear smuggling and sabotage of nuclear facilities[2];

(3)  and two protocols on the Suppression of Unlawful Activities related to maritime terrorism.[3]

In the 112th Congress, the House passed similar legislation (H.R. 5889) by voice vote on June 28, 2012.



[1] See Treaty Doc. 110-4.

[2] See Treaty Doc. 110-6.

[3] See Treaty Doc. 110-8.

Summary

H.R. 1073 amends the criminal code to implement certain provisions negotiated in four multilateral counterterrorism treaties, which build on existing treaties to which the United States is a party.  The bill updates and modernizes the language and legal framework of counterterrorism and counter proliferation operations.

Cost

CBO estimates that H.R. 1073 “would have no significant cost to the federal government. Enacting the bill could affect direct spending and revenues; therefore, pay-as-you-go procedures apply. However, CBO estimates that any effects would be insignificant for each year.”[1]

House Democratic Caucus Summary

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The bill contains the following citations to other parts of U.S. law:

United States Code

The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)

Other Citations

  • 18 U.S.C. Chapter 111
  • 18 U.S.C. Chapter 113B
  • 18 U.S.C. Chapter 46