[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 4103 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 4103

         To prevent nuclear terrorism, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 7, 2006

 Mrs. Clinton introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
         To prevent nuclear terrorism, 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 ``Nuclear Terrorism Prevention Act of 
2006''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) The term ``Convention on the Physical Protection of 
        Nuclear Material'' means the Convention on the Physical 
        Protection of Nuclear Material, signed at New York and Vienna 
        March 3, 1980.
            (2) The term ``design-basis threat'' means a profile of the 
        type, composition, and capabilities of an adversary.
            (3) The term ``formula quantities of strategic special 
        nuclear material'' means uranium-235 (contained in uranium 
        enriched to 20 percent or more in the U-235 isotope), uranium-
        233, or plutonium in any combination in a total quantity of 
        5,000 grams or more computed by the formula, grams = (grams 
        contained U-235) + 2.5 (grams U-233 + grams plutonium), as set 
        forth in the definitions of ``formula quantities'' and 
        ``strategic special nuclear material'' in section 73.2 of title 
        10, Code of Federal Regulations.
            (4) The term ``Nuclear Non-Proliferation Treaty'' means the 
        Treaty on the Non-Proliferation of Nuclear Weapons, done at 
        Washington, London, and Moscow July 1, 1968, and entered into 
        force March 5, 1970 (21 UST 483).
            (5) The term ``nuclear weapon'' means any device utilizing 
        atomic energy, exclusive of the means for transporting or 
        propelling the device (where such means is a separable and 
        divisible part of the device), the principal purpose of which 
        is for use as, or for the development of, a weapon, a weapon 
        prototype, or a weapon test device.

SEC. 3. FINDINGS.

    Congress makes the following findings:
            (1) The possibility that terrorists may acquire and use a 
        nuclear weapon against the United States is an urgent threat to 
        the security of our nation and the world.
            (2) The United States must take a comprehensive approach to 
        reducing this danger, including additional efforts to identify 
        and eliminate terrorist groups that aim to acquire nuclear 
        weapons, to ensure that nuclear weapons and formula quantities 
        of strategic special nuclear material around the world are 
        secure and accounted for to a degree sufficient to defeat the 
        threat that terrorists and criminals have shown they can pose, 
        and to increase the ability to find and stop terrorist efforts 
        to manufacture nuclear explosives or to transport nuclear 
        explosives and materials anywhere in the world.
            (3) Within such a comprehensive strategy, a high priority 
        must be placed on ensuring that all nuclear weapons and formula 
        quantities of strategic special nuclear material worldwide are 
        secure and accounted for.
            (4) Existing programs intended to secure, monitor, and 
        reduce nuclear stockpiles, redirect nuclear scientists, and 
        interdict nuclear smuggling have made substantial progress, but 
        additional efforts are needed to reduce the threat of nuclear 
        terrorism as much as possible.
            (5) The September 2006 ``National Strategy for Combating 
        Terrorism'' issued by the White House states, ``Weapons of mass 
        destruction in the hands of terrorists is one of the gravest 
        threats we face.''
            (6) United Nations Secretary-General Kofi Annan has said 
        that a nuclear terror attack ``would not only cause widespread 
        death and destruction, but would stagger the world economy and 
        thrust tens of millions of people into dire poverty''.
            (7) United Nations Security Council Resolution 1540 (2004) 
        reaffirms the need to combat by all means, in accordance with 
        the Charter of the United Nations, threats to international 
        peace and security caused by terrorist acts and directs that 
        all countries, in accordance with their national procedures, 
        shall adopt and enforce effective laws that prohibit any non-
        state actor from manufacturing, acquiring, possessing, 
        developing, transporting, transferring, or using nuclear, 
        chemical, or biological weapons and their means of delivery, in 
        particular for terrorist purposes, and to prohibit attempts to 
        engage in any of the foregoing activities, participate in them 
        as an accomplice, or assist or finance them.
            (8) The Director General of the International Atomic Energy 
        Agency, Dr. Mohammed El Baradei, has said that it is a ``race 
        against time'' to prevent a terrorist attack using a nuclear 
        weapon.

SEC. 4. SENSE OF CONGRESS ON THE PREVENTION OF NUCLEAR TERRORISM.

    It is the sense of Congress that--
            (1) the threat of nuclear terror is the most horrific 
        threat the United States faces;
            (2) the President should make the prevention of a nuclear 
        terrorist attack on the United States of the highest priority;
            (3) the President should accelerate programs, requesting 
        additional funding as appropriate, to prevent nuclear 
        terrorism, including combating nuclear smuggling and securing 
        formula quantities of strategic special nuclear material 
        wherever they may be;
            (4) the International Atomic Energy Agency plays a vital 
        role in coordinating international efforts to protect nuclear 
        materials and combat nuclear smuggling and should be funded 
        appropriately to fulfill that role; and
            (5) legislation sponsored by Senator Richard Lugar, Senator 
        Pete Domenici, and former Senator Sam Nunn has resulted in 
        groundbreaking programs to ensure that nuclear weapons do not 
        fall into the hands of terrorists.

SEC. 5. SENIOR ADVISOR TO THE PRESIDENT FOR THE PREVENTION OF NUCLEAR 
              TERRORISM.

    (a) In General.--Title I of the National Security Act of 1947 (50 
U.S.C. 402 et seq.) is amended by inserting after section 101A the 
following new section:

    ``senior advisor to the president for the prevention of nuclear 
                               terrorism

    ``Sec. 101B.  (a) In General.--There is a Senior Advisor to the 
President for the Prevention of Nuclear Terrorism reporting through the 
National Security Advisor, who shall be appointed by the President by 
and with the advice and consent of the Senate.
    ``(b) Membership on National Security Council.--The Senior Advisor 
to the President for the Prevention of Nuclear Terrorism is a member of 
the National Security Council.
    ``(c) Duties.--The Senior Advisor to the President shall be 
responsible on a full-time basis for--
            ``(1) advising the President on all matters relating to 
        nuclear terrorism;
            ``(2) formulating United States policies for preventing 
        nuclear terrorism, including--
                    ``(A) developing plans, including measurable 
                milestones and targets to which departments and 
                agencies can be held accountable, to better prevent 
                nuclear terrorism;
                    ``(B) finding and fixing gaps, duplication, and 
                inefficiencies in existing programs and taking other 
                steps to overcome obstacles to accelerated progress to 
                prevent nuclear terrorism;
                    ``(C) overseeing the development, by the relevant 
                Federal departments and agencies, of accelerated and 
                strengthened program implementation strategies and 
                diplomatic strategies;
                    ``(D) overseeing the development of budget requests 
                for these programs and ensuring that they adequately 
                reflect the priority of the problem; and
                    ``(E) identifying such new initiatives as may be 
                needed; and
            ``(3) coordinating United States efforts to implement such 
        policies.
    ``(d) Staff.--The Senior Advisor to the President may appoint and 
terminate such personnel as may be necessary to enable the Senior 
Advisor to perform his or her duties.''.
    (b) Conforming Amendment.--Section 101(a) of such Act (50 U.S.C. 
402(a)) is amended--
            (1) in paragraph (6), by striking ``and'';
            (2) by redesignating paragraph (7) as paragraph (8); and
            (3) by inserting after paragraph (6) the following new 
        paragraph:
            ``(7) the Senior Advisor to the President for the 
        Prevention of Nuclear Terrorism; and''.

SEC. 6. ANNUAL REPORT.

    (a) In General.--Not later than September 1 of each year, the 
President, in consultation with the Senior Advisor to the President for 
the Prevention of Nuclear Terrorism, shall submit to Congress a report 
on the security of formula quantities of strategic special nuclear 
material.
    (b) Content.--The report required under subsection (a) shall 
include the following:
            (1) A section on the program for the removal and security 
        of nuclear weapons, formula quantities of strategic special 
        nuclear material and radiological materials established under 
        section 3132(b) of the Ronald W. Reagan National Defense 
        Authorization Act for Fiscal Year 2005 (50 U.S.C. 2569(b)) 
        including--
                    (A) a survey by the Senior Advisor to the President 
                of the facilities and sites worldwide that contain 
                nuclear weapons, formula quantities of strategic 
                special nuclear material, radiological materials, or 
                related equipment;
                    (B) a list of sites determined by the Senior 
                Advisor to the President to be of the highest priority, 
                taking into account risk of theft from such sites, for 
                removal or security of proliferation-attractive fissile 
                materials, nuclear weapons, formula quantities of 
                strategic special nuclear material, radiological 
                materials, or related equipment, organized by level of 
                priority;
                    (C) a plan, including technical, diplomatic, and 
                other means for the securing or removal of nuclear 
                weapons, formula quantities of strategic special 
                nuclear material, radiological materials, and related 
                equipment at vulnerable facilities and sites worldwide, 
                including measurable milestones, metrics, and estimated 
                costs for the implementation of the plan; and
                    (D) a description of the efforts of the governments 
                of such countries to secure such material.
            (2) A section on efforts to establish and implement the 
        security standard and related policies described under section 
        7.
    (c) Form.--The report may be submitted in classified form but shall 
include a detailed unclassified summary.

SEC. 7. MINIMUM SECURITY STANDARD FOR NUCLEAR WEAPONS AND FORMULA 
              QUANTITIES OF STRATEGIC SPECIAL NUCLEAR MATERIALS.

    (a) Policy.--It is the policy of the United States to take all 
possible steps to ensure, as rapidly as possible, that all nuclear 
weapons and formula quantities of strategic special nuclear materials 
are secure and accounted for.
    (b) International Nuclear Security Standard.--In furtherance of the 
policy described in subsection (a), and consistent with the requirement 
for ``appropriate effective'' physical protection contained in United 
Nations Security Council Resolution 1540 (2004), as well as the Nuclear 
Non-Proliferation Treaty and the Convention on the Physical Protection 
of Nuclear Material, the President, acting through the Senior Advisor 
to the President for the Prevention of Nuclear Terrorism, shall seek 
the broadest possible international agreement on a global standard for 
nuclear security that--
            (1) ensures that nuclear weapons and formula quantities of 
        strategic special nuclear material are effectively protected 
        against the threats posed by terrorists and criminals;
            (2) takes into account the limitations of equipment and 
        human performance; and
            (3) is verifiable, providing confidence that the needed 
        measures have in fact been implemented.
    (c) International Efforts.--In furtherance of the policy described 
in subsection (a), the President, acting through the Senior Advisor to 
the President for the Prevention of Nuclear Terrorism, shall--
            (1) work with other countries and the International Atomic 
        Energy Agency to assist, and if necessary convince, the 
        governments of any and all countries where nuclear weapons or 
        formula quantities of strategic special nuclear material exist 
        to ensure that security is upgraded to meet the standard 
        described in subsection (b) as rapidly as possible and in such 
        a manner that these measures are sustained after United States 
        and other international assistance ends;
            (2) ensure that United States financial and technical 
        assistance is available to countries where the provision of 
        such assistance would accelerate the implementation of, or 
        improve the effectiveness of, such security upgrades; and
            (3) seek to work with the governments of other countries to 
        ensure that effective nuclear security rules, accompanied by 
        effective regulation and enforcement, are put in place 
        concerning all nuclear weapons and formula quantities of 
        strategic special nuclear materials worldwide, including the 
        implementation of a regulatory design-basis threat (DBT) model 
        in countries with nuclear weapons or formula quantities of 
        strategic special nuclear materials that is designed to defeat 
        the threats posed by terrorists and criminals.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Secretary of Energy 
for fiscal year 2008, $50,000,000--
            (1) to increase international participation in efforts to 
        convert nuclear facilities that operate using highly enriched 
        uranium to operation using low enriched uranium; and
            (2) to remove highly enriched uranium from such facilities.
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