Nuclear Terrorism Conventions Implementation and Safety of Maritime Navigation Act of 2012

Bill: 112-hr-5889
Sponsor: Rep. Smith, Lamar [R-TX-21]
Introduced: 2012-06-05 in the House
Policy area: Crime and Law Enforcement
Subjects: Arms control and nonproliferation
Crimes against animals and natural resources
Criminal procedure and sentencing
Firearms and explosives
Hazardous wastes and toxic substances
Infectious and parasitic diseases
International law and treaties
Jurisdiction and venue
Marine and coastal resources, fisheries
Marine and inland water transportation
Marine pollution
Navigation, waterways, harbors
Nuclear weapons
Oil and gas
Pollution liability
Radioactive wastes and releases
Terrorism
Transportation safety and security

Summary:
action_date: 2012-06-05
text: 
Nuclear Terrorism Conventions Implementation and Safety of Maritime Navigation Act of 2012 - 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.
 
Modifies the definition of &quot;federal crime of terrorism&quot; to include such offenses.
 
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.
 
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.

action_date: 2012-06-28
text: 
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.


Legislative actions:
action_date: 2012-07-10
text: Read twice and referred to the Committee on the Judiciary.
action_date: 2012-06-29
text: Received in the Senate.
action_date: 2012-06-28
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2012-06-28
text: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR 6/26/2012 H3986-3989)
action_date: 2012-06-28
text: 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)
action_date: 2012-06-28
text: Considered as unfinished business. (consideration: CR H4421)
action_date: 2012-06-26
text: 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.
action_date: 2012-06-26
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 5889.
action_date: 2012-06-26
text: Considered under suspension of the rules. (consideration: CR H3986-3991)
action_date: 2012-06-26
text: Mr. Smith (TX) moved to suspend the rules and pass the bill, as amended.
action_date: 2012-06-26
text: Placed on the Union Calendar, Calendar No. 395.
action_date: 2012-06-26
text: Reported by the Committee on Judiciary. H. Rept. 112-551.
action_date: 2012-06-26
text: Reported by the Committee on Judiciary. H. Rept. 112-551.
action_date: 2012-06-06
text: Ordered to be Reported by Voice Vote.
action_date: 2012-06-06
text: Committee Consideration and Mark-up Session Held.
action_date: 2012-06-05
text: Referred to the House Committee on the Judiciary.
action_date: 2012-06-05
text: Introduced in House
action_date: 2012-06-05
text: Introduced in House