Supporting Prosecutions of International Espionage Schemes Act of 2007
Legislative Activity
Stay on top of the latest movement without scrolling through every action
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
November 2, 2007
View full timeline
Introduced in House
October 10, 2007
Referred to the House Committee on the Judiciary.
October 10, 2007
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
November 2, 2007
Floor Debate
8 membersWhat members said about H.R. 3806 on the floor




+3
Floor Debate
8 membersWhat members said about H.R. 3806 on the floor
Madam Speaker, I yield myself such time as I may consume. I will note that I have had a chance to discuss this resolution with Congressman Wolf. At the conclusion of our discussion, we will refer…
Madam Speaker, pursuant to rule IX, I rise to notify the House of my intention to offer a resolution as a question of the privileges of the House. The form of my resolution is as follows: Directing…
I thank my good friend for yielding. Madam Speaker, in December of 2006 and then again in March of 2007, my Human Rights Subcommittee's computers were attacked by a virus that, in HIR's words,…
I want to thank the gentlelady for yielding, and I also want to thank the gentleman from Virginia for bringing this serious issue to light. As chairman of the Subcommittee on Emerging Threats,…
I thank my colleague. One of the jobs that I have here in the Congress is to serve as the ranking member on the Intelligence Committee, also having served as the chairman on the Intelligence…
Show 3 more
Thank you, Congressman Wolf. Madam Speaker, I rise in support of the privileged resolution offered by my good friend from Virginia, but I just want to make clear of one thing. This is not just about…
I thank the gentleman from Virginia for yielding, and I especially thank him for bringing this issue to the floor. I also thank my colleague from California, who works with me on the House…
I want to thank the gentleman from Virginia for this resolution. In my judgment, most Members of Congress are quite naive about the security of their offices against an expert cyber attack from a…
Bill Text
Latest available legislative text
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3806 Introduced in House (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:
``37. Espionage and related offenses........................ 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.''.
(c) Conforming Amendments.--
(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.
<all>