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02-26-10 Ltr to Pelosi Transmitting DOJ Legislative Proposal - Nuclear Terrorism Conventions Implementation Act of 2010

02-26-10 Ltr to Pelosi Transmitting DOJ Legislative Proposal - Nuclear Terrorism Conventions Implementation Act of 2010

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Published by: Diane Barnes on Mar 05, 2012
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03/05/2012

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U.S.
Department
of
Justice
Ofice
of
Legislative
Affairs
Office
or
ihe
Assistant Attorney
General
Wushington.
D.
C.
20530
February
26,20
10
The
Honorable
Nancy
Pelosi
Speaker
of
the
HouseUnited States House of RepresentativesWashington,D.C.
205
15
Dear Madam
Speaker:We are
transmitting herewith
a
legislative proposal to implement important internationalagreements concerning nuclear terrorism and nuclear materials.
These
agreements and
the
implementing legislation
we
are
transmitting are essential for protecting our national security andworking with our
allies
toward stopping terrorism and proliferation.
We
haveenclosedlegislative language and
a
detailed sectional analysis.
Nearly
identical legislation was submitted
on
July
28,2008.
Principally, the legislative proposal would accomplish
two
aims: First, it wouldimplement
the
International Convention for the Suppression of Acts
of
Nuclear
Terrorism
("NTC"),
which was adopted
by
the
United Nations General Assembly
on
April
13,2005,
and
signed
by
President Bush
onbehalf
of
the
United
Stateson
September
14,2005.
The
NTC
requires States Parties to criminalize
certain
acts relating to the possession
and
use
of radioactivematerial and radiological dispersal devices,
and
damage to nuclear facilities.Second, the proposal would implement
certain
provisions
of
an
amendment to
the
Convention on
the
Physical Protection of
NuclearMaterial ("CPPNM").
The
amendment
to the
CPPNM
was
adopted
by
acclamation at
a
diplomatic conference
of
States
Parties
(including
the
United
States)
on July25,2005.
The
CPPNM
amendment, in
pertinent
part,
requires
States
Parties to criminalize nuclear smuggling
and
sabotage
of
nuclear facilities.
The
Senate
agreed
to
a
resolution
of
advice
and consent
to
both
the
NTC
and
the amendment to
the
CPPNM on
September
25,
2008.
 
The
Ho~~orable
ancy
Pelosj
Page
2
Thank
you
for
the
opportunity
to
present
this proposal.
The
Office
of
Management
and
Budget
has
advised
us
that
submission
of
this
letter
is
in
accord
with
the
program
of
the
President.
Sincerely,
Ronald
Weich
Assistant
Attorney
General
AttachmentsIDENTICALLETTERSENT
TO
THE
HONORABLE
JOSEPH
R.
BIDEN,
JR.,
RESIDENT,
UNITED
STATES SENATE
 
BILL
TEXT
A
bill
to
implement
the
International Convention
for
the Suppression
of
Acts
of
Nuclear
Terrorism
and
the
Amendment
to
the
Conver~tion
n
the
Physical Protection
of
Nuclear
Material,
and
for
other
purposes.
Be
it
enacted
by
the
Senate
~lnd
ouse
of
Representatives
of
the
United
Stales
of
America
in
Congress
assembled,
SEC.
1.
SHORT
TITLE
This
Act
may
be
cited
as
the
"Nuclear
TerrorismConventions
Implementation
Act
of2010."
SEC.
2.
NEW
SECTION
23323.
OF
TITLE
IS
OF
THE
U.S.
CODE
(a)
Chapter
1
13B
of
title
18,
United
States
Code,
is
amended
by
adding
aAer
Section
2332h
the following
new
section:
"5
2332i.
Acts
of
nuclear
terrorism
"(a)
Offenses.
-
"(I)
In
general.
-
Whoever
knowingly
and unlawfillly-"(A)
possesses
radioactivematerial
or
makes
or
possesses
a
device:
"(i)
withthe
intent
to
cause
death
or serious bodily
injury;
or
"(ii)
with
the
intent
tocause substantial
damage
to
property
or
the
envjronnlent;
or"(B)
uses
in
any
way
radioactive
material or
a
device,
or
uses ordamages
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
seriousbodily 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
knowledse
that
such
act
is
likelyto
cause substantial
damageto
property
or
the
environment;
or

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