II 110th CONGRESS 1st Session S. 1705 IN THE SENATE OF THE UNITED STATES June 27, 2007 Mrs. Clinton introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To prevent nuclear terrorism, and for other purposes.

1.

Short title

This Act may be cited as the Nuclear Terrorism Prevention Act of 2007.

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 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 quantity and strategic special nuclear material in section 73.2 of title 10, Code of Federal Regulations. (3)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). (4)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.

3.

Findings

Congress makes the following findings: (1)The possibility that terrorists may acquire and use a nuclear weapon against the United States is the most horrific threat that our Nation faces. (2)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. (3)Former Senator and cofounder of the Nuclear Threat Initiative Sam Nunn has stated, Stockpiles of loosely guarded nuclear weapons material are scattered around the world, offering inviting targets for theft or sale. We are working on this, but I believe that the threat is outrunning our response.. (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)Former 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. (6)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 all countries, in accordance with their national procedures, to 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. (7)The Director General of the International Atomic Energy Agency, Dr. Mohammed ElBaradei, has said that it is a race against time to prevent a terrorist attack using a nuclear weapon. (8)The International Atomic Energy Agency plays a vital role in coordinating efforts to protect nuclear materials and to combat nuclear smuggling. (9)Legislation sponsored by Senator Richard Lugar, Senator Pete Domenici, and former Senator Sam Nunn has resulted in groundbreaking programs to secure nuclear weapons and materials and to help ensure that such weapons and materials do not fall into the hands of terrorists.

4.

Sense of Congress on the prevention of nuclear terrorism

It is the sense of Congress that— (1)the President should make the prevention of a nuclear terrorist attack on the United States of the highest priority; (2)the President should accelerate programs, requesting additional funding as appropriate, to prevent nuclear terrorism, including combating nuclear smuggling, securing and accounting for nuclear weapons, and eliminating, removing, or securing and accounting for formula quantities of strategic special nuclear material wherever such quantities may be; (3)the United States should take a comprehensive approach to reducing the danger of nuclear terrorism, including by making additional efforts to identify and eliminate terrorist groups that aim to acquire nuclear weapons, to ensure that nuclear weapons worldwide are secure and accounted for and that formula quantities of strategic special nuclear material worldwide are eliminated, removed, or 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; (4)within such a comprehensive approach, a high priority must be placed on ensuring that all nuclear weapons worldwide are secure and accounted for and that all formula quantities of strategic special nuclear material worldwide are eliminated, removed, or secure and accounted for; and (5)the International Atomic Energy Agency should be funded appropriately to fulfill its role in coordinating international efforts to protect nuclear material and to combat nuclear smuggling.

5.

Senior Advisor to the President for the Prevention of Nuclear Terrorism

(a)

Designation of position

The President shall designate an individual to serve in the Executive Office of the President as the Senior Advisor to the President for the Prevention of Nuclear Terrorism. (b)

Duties

The Senior Advisor to the President, under the direction of the Assistant to the President for National Security Affairs, shall be responsible for— (1)advising the President on all matters relating to preventing nuclear terrorism and responding to a nuclear terrorism event; (2)directing and coordinating the formulation of United States policies for preventing nuclear terrorism, including— (A)developing plans, including timelines, measurable milestones, and targets to which the departments and agencies of the United States Government can be held accountable, to better prevent nuclear terrorism; (B)identifying and addressing gaps, duplication, and inefficiencies in existing programs and taking other appropriate actions to overcome obstacles to accelerated progress to prevent nuclear terrorism; (C)overseeing and coordinating the development, by the departments and agencies of the United States Government, of accelerated and strengthened program implementation strategies and diplomatic strategies with respect to the prevention of nuclear terrorism; (D)overseeing and coordinating the development of budget requests for programs to prevent nuclear terrorism and ensuring that such requests adequately reflect the priority of the threat of nuclear terrorism; and (E)identifying such new initiatives to prevent nuclear terrorism as may be needed; and (3)coordinating United States efforts to implement such policies.

6.

Minimum security standard for nuclear weapons and formula quantities of strategic special nuclear material

(a)

Policy

It is the policy of the United States to take all possible steps to ensure that all nuclear weapons around the world are secure and accounted for and that all formula quantities of strategic special nuclear material are eliminated, removed, or secure and accounted for to a level sufficient to defeat the threats posed by terrorists and criminals. (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, in consultation with the Senior Advisor to the President for the Prevention of Nuclear Terrorism and relevant Federal departments and agencies, 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 secure and accounted for to a sufficient level to defeat the threats posed by terrorists and criminals; (2)takes into account the limitations of equipment and human performance; and (3)includes steps to provide confidence that the needed measures have in fact been implemented. (c)

International efforts

In furtherance of the policy described in subsection (a), the President, in consultation with the Senior Advisor to the President for the Prevention of Nuclear Terrorism and relevant Federal departments and agencies, 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 in possession of nuclear weapons or formula quantities of strategic special nuclear material to ensure that security is upgraded to meet the standard described in subsection (b) as rapidly as possible and in a manner that— (A)accounts for the nature of the terrorist and criminal threat in each such country; and (B)ensures that any measures to which the United States and any such country agree are sustained after United States and other international assistance ends; (2)ensure that United States financial and technical assistance is available to countries for which the provision of such assistance would accelerate the implementation of, or improve the effectiveness of, such security upgrades; and (3)work with the governments of other countries to ensure that effective nuclear security rules, accompanied by effective regulation and enforcement, are put in place to govern all nuclear weapons and formula quantities of strategic special nuclear material around the world.

7.

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 and relevant Federal departments and agencies, shall submit to Congress a report on the security of nuclear weapons, formula quantities of strategic special nuclear material, radiological materials, and related equipment worldwide. (b)

Elements

The report required under subsection (a) shall include the following: (1)A section on the programs for the security and accounting of nuclear weapons and the elimination, removal, and security and accounting of 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)), which shall include the following: (A)A survey of the facilities and sites worldwide that contain nuclear weapons or related equipment, formula quantities of strategic special nuclear material, or radiological materials. (B)A list of such facilities and sites determined to be of the highest priority for security and accounting of nuclear weapons and related equipment, or the elimination, removal, or security and accounting of formula quantities of strategic special nuclear material and radiological materials, taking into account risk of theft from such facilities and sites, and organized by level of priority. (C)A prioritized diplomatic and technical plan, including measurable milestones, metrics, estimated timetables, and estimated costs of implementation, on the following: (i)The security and accounting of nuclear weapons and related equipment and the elimination, removal, or security and accounting of formula quantities of strategic special nuclear material and radiological materials at such facilities and sites worldwide. (ii)Ensuring that security upgrades and accounting reforms implemented at such facilities and sites worldwide using the financial and technical assistance of the United States are effectively sustained after such assistance ends. (D)An assessment of the progress made in implementing the plan described in subparagraph (C), including a description of the efforts of foreign governments to secure and account for nuclear weapons and related equipment and to eliminate, remove, or secure and account for formula quantities of strategic special nuclear material and radiological materials. (2)A section on efforts to establish and implement the international nuclear security standard described in section 6(b) and related policies. (c)

Form

The report may be submitted in classified form but shall include a detailed unclassified summary.

8.

Authorization of appropriations

(a)

Removal of highly enriched uranium

There are 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. (b)

National technical nuclear forensics research and development

There are authorized to be appropriated to the Secretary of Energy for fiscal year 2008, $40,000,000 for national technical nuclear forensics research and development efforts to further the capability to identify the origin of nuclear weapons and strategic special nuclear material through signatures development, knowledge base and data management, and collection and analysis capabilities. (c)

Office of Nuclear Security of the International Atomic Energy Agency

There are authorized to be appropriated to the Secretary of State for fiscal year 2008, $10,000,000 for the Office of Nuclear Security of the International Atomic Energy Agency to— (1)support the role of the Office in preventing nuclear terrorism, including managing the Illicit Trafficking Database; and (2)work with other countries on the establishment and implementation of the international nuclear security standard described in section 6(b). (d)

Security upgrades

(1)

Authorization

There are authorized to be appropriated to the Secretary of Energy for fiscal year 2008, $100,000,000— (A)to provide for security and accounting upgrades at vulnerable facilities and sites worldwide that hold nuclear weapons, formula quantities of strategic special nuclear material, radiological materials, or related equipment; (B)to ensure that security upgrades already in place can be sustained by the governments of the countries in which such facilities and sites are located and that organizations that manage and protect such facilities and sites build organizational cultures with a strong focus on security; and (C)to assist in the development and enforcement of nuclear security regulations by the governments of such countries. (2)

Condition on use of funds

None of the amount authorized to be appropriated by paragraph (1) may be obligated or expended for the purposes described in paragraph (1) until the President certifies to Congress that sufficient diplomatic progress has been made to enable security upgrades at additional vulnerable facilities worldwide that hold nuclear weapons, formula quantities of strategic special nuclear material, radiological materials, or related equipment. (e)

Conversion of highly enriched uranium

(1)

Authorization

There are authorized to be appropriated to the Secretary of Energy for fiscal year 2008, $200,000,000 to assist the Government of Russia in enhancing its capacity to convert highly enriched uranium into low enriched uranium to allow additional highly enriched uranium in Russia to be converted into low enriched uranium appropriate for civil energy use and to increase the rate at which such conversion takes place. (2)

Condition on use of funds

None of the amount authorized to be appropriated by paragraph (1) may be obligated or expended for the purpose described in paragraph (1) until the President certifies to Congress that the Government of Russia acknowledges the need and demonstrates the willingness to convert additional highly enriched uranium in excess of its national security needs to low enriched uranium appropriate for civil energy use. (f)

Supplement not supplant

The amounts authorized to be appropriated by subsections (a) through (e) for the purposes set forth in such subsections are in addition to any other amounts authorized to be appropriated for such purposes.