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HR 3806 IH

110th CONGRESS

1st Session

H. R. 3806

To amend title 18, with respect to certain crimes affecting national security, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

October 10, 2007

Mr. FORBES (for himself, Mr. SMITH of Texas, Mr. COBLE, Mr. GALLEGLY, and Mr. WOLF) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend title 18, with respect to certain crimes affecting national security, 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 `Supporting Prosecutions of International Espionage Schemes Act of 2007'.

SEC. 2. REVISION OF ESPIONAGE CRIMES.

(a) In General- Chapter 37 of title 18, United States Code, is amended to read as follows:

`CHAPTER 37--ESPIONAGE AND RELATED OFFENSES

`Sec.

`791. Gathering or transmitting information connected with the national defense.

`792. Losing information connected with the national defense.

`793. Forfeiture.

`794. General provisions for chapter.

`Sec. 791. Gathering or transmitting information connected with the national defense

`Whoever, with intent or reason to believe that the information will be used to the injury of the United States, or to the advantage of any foreign power, knowingly--

`(1) without authorization obtains information connected with the national defense; or

`(2) provides information connected with the national defense to any person not entitled to receive it;

or attempts or conspires to do so, shall be imprisoned for life or for any term of years, and if death results, shall be subject to the death penalty.

`Sec. 792. Losing information connected with the national defense

`Whoever, or having lawful possession or control of any information connected with the national defense--

`(1) recklessly permits that information to be lost, stolen, or destroyed; or

`(2) knowing that the information has been lost, or stolen, or destroyed, fails to make prompt report of that fact to an appropriate superior officer;

shall be fined under this title or imprisoned not more than 20 years, or both.

`Sec. 793. Forfeiture

`(a) In General- A person convicted of a violation of this chapter shall forfeit to the United States--

`(1) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation; and

`(2) any of the person's property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation.

`(b) Sentence of Forfeiture- The court, in imposing sentence on a defendant for a conviction of a violation of this section, shall order that the defendant forfeit to the United States all property described in subsection (a).

`(c) Procedure- Subsections (b), (c), and (e) through (p) of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 shall apply to--

`(1) property subject to forfeiture under this subsection;

`(2) any seizure or disposition of such property; and

`(3) any administrative or judicial proceeding in relation to such property.

`Sec. 794. General provisions for chapter

`(a) Definitions- In this chapter--

`(1) the term `foreign power' has the meaning given that term in section 101(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(a)); and

`(2) the term `information connected with the national defense' means non-public information in whatever form, the disclosure of which could reasonably harm national security.

`(b) Exclusion Relating to Lawful Demands of Congress- Nothing in this chapter prohibits the furnishing, upon lawful demand, of information to any regularly constituted committee of the Senate or House of Representatives of the United States of America, or joint committee thereof.

`(c) Statute of Limitations- No person shall be tried for an offense under this chapter unless the indictment is found or the information is instituted not later than 10 years after the date on which the offense was committed.'.

(b) Clerical Amendment- The item relating to chapter 37 in the table of chapters for part I of title 18, United States Code, is amended to read as follows:

791'.

SEC. 3. CHAPTER 115 PENALTIES.

(a) Misprision of Treason- Section 2382 of title 18, United States Code, is amended by striking `seven' and inserting `20'.

(b) Rebellion- Section 2383 of title 18, United States Code, is amended by striking `ten' and inserting `20'.

SEC. 4. COMPUTER ESPIONAGE.

Section 1030 of title 18, United States Code, is amended--

(1) in subsection (a)(1)--

(A) by striking `willfully' each place it appears and inserting `knowingly'; and

(B) by striking `foreign nation' and inserting `foreign power (as defined in 101(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(a))';

(2) in subsection (c)(1)(A), by striking `ten' and inserting `20' and

(3) in subsection (c)(1)(B), by striking `twenty' and inserting `30'.

SEC. 5. SIMPLIFICATION OF SECTION 831.

Section 831 of title 18, United States Code, is amended--

(1) in subsection (a), by striking `, if one of the circumstances described in subsection (c) occurs' and inserting `in the United States, the special maritime and territorial jurisdiction of the United States, or the special aircraft jurisdiction of the United States (as defined in section 46501 of title 49)'; and

(2) by amending subsection (c) to read as follows:

`(c) There is extraterritorial jurisdiction over an offense under this section.'.

SEC. 6. DESTRUCTION OF OR DAMAGE TO NUCLEAR FACILITY.

(a) In General- Chapter 65 of title 18, United States Code, is amended by inserting after section 1366 the following:

`Sec. 1366A. Damage to nuclear facility and related crimes

`(a) Offense- Whoever knowingly--

`(1) causes physical damage to a nuclear facility or to nuclear fuel;

`(2) without authorization causes an interruption of normal operation of a nuclear facility;

or attempts or conspires to do so, shall be fined under this title or imprisoned not more than 30 years or both, and if death results to any person, shall subject to the death penalty and the maximum term of imprisonment shall be life or any term of years.

`(b) Definitions- In this section--

`(1) the term `nuclear facility' means any production facility or utilization facility, nuclear storage facility, or any uranium enrichment facility, as defined for the purposes of the Atomic Energy Act of 1954, that is licenced under the Atomic Energy Act of 1954; and

`(2) the term `nuclear fuel' means any fuel for a nuclear facility or any spent nuclear fuel from a nuclear facility.'.

(b) Clerical Amendment- The table of sections at the beginning of chapter 65 of title 18, United States Code, is amended by inserting after the item relating to section 1366 the following new item:

`1366A. Destruction of or damage to nuclear facility.'.

SEC. 7. ELIMINATION OF OBSOLETE OR SUPERSEDED CRIMINAL PROVISIONS IN THE ATOMIC ENERGY ACT OF 1954.

The Atomic Energy Act of 1954 is amended--

(1) by striking sections 91, 221, 224, 225, 226, 227, and 235;

(2) by striking subsections a. and b. of section 57;

(3) in section 222 a., by striking `57 or'; and

(4) by striking subsection b. of section 222.

SEC. 8. EXPORT CONTROL VIOLATIONS.

(a) In General- Chapter 27 of title 18, United States Code, is amended by adding at the end the following:

`Sec. 555. Export control violations

`(a) Offense- Whoever knowingly violates a requirement of section 38 or 39 of the Arms Export Control Act (22 U.S.C. 2778; 2779) or of the Export Administration Act of 1979 (50 U.S.C. App 2401 et seq.) or a rule made under either of those sections or that Act, or attempts or conspires to do so, shall be fined not more than $1,000,000 or imprisoned not more than 20 years, or both.

`(b) State of Mind Proof- This section does not require proof that the defendant knew the requirement existed if the defendant had reason to know that such was the case.'.

(b) Clerical Amendment- The table of sections at the beginning of chapter 27 of title 18, United States Code, is amended by adding at the end the following new item:

`555. Export control violations.'.

(1) ARMS EXPORT CONTROL ACT- Section 38 of the Arms Export Control Act (22 U.S.C. 2778) is amended by striking subsection (c).

(2) EXPORT ADMINISTRATION ACT- Section 11 of the Export Administration Act (50 U.S.C. App. 2410) is amended by striking subsections (a) and (b).

SEC. 9. WIRETAPPING EQUIPMENT PROHIBITION CHANGE.

Section 2512(2)(b) of title 18, United States Code, is amended by inserting `or otherwise authorized by' after `under contract with'.

SEC. 10. IMPROVEMENT OF CRIMINAL CASE DISPOSITION REPORTING.

Not later than 180 days after the date of the enactment of this Act, the Attorney General, in consultation with the Secretary of the Department of Homeland Security, the Secretary of the State Department, and the Secretary of the Department of Commerce, shall implement a policy to notify appropriate officials at the Department of Homeland Security, Department of State and Department of Commerce of any indictments, convictions, or dispositions of any criminal investigation or prosecution involving violations of the Arms Export Control Act or the Export Administration Act.

SEC. 11. COMPREHENSIVE IMPORT AND EXPORT CONTROL DATABASE.

Not later than one year after the date of the enactment of this Act, the Attorney General, in consultation with the Secretary of the Department of Homeland Security, the Secretary of the State Department, and the Secretary of the Department of Commerce, shall develop a database, which shall be publicly accessible on the Internet, and include an accurate and up to date import and export control database for export control activities, including lists of products that require licensing and that are otherwise prohibited under the Arms Export Control Act or the Export Administration Act.

SEC. 12. TECHNICAL ASSISTANCE TO IMPROVE ENFORCEMENT OF EXPORT CONTROLS.

The Attorney General, in consultation with the Secretary of the Department of Homeland Security, the Secretary of the State Department, and the Secretary of the Department of Commerce, shall provide technical assistance to train investigators and prosecutors to improve and increase enforcement and prosecution of export control laws.

END