[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1464 Introduced in Senate (IS)]
111th CONGRESS
1st Session
S. 1464
To amend title 18, United States Code, to establish the transfer of any
nuclear weapon, device, material, or technology to terrorists as a
crime against humanity.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 16, 2009
Mr. Casey introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to establish the transfer of any
nuclear weapon, device, material, or technology to terrorists as a
crime against humanity.
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 Trafficking Prevention
Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) A single, simple nuclear weapon detonated in the heart
of an American city would kill 100,000 people instantly, and
seriously injure tens of thousands more. A significant portion
of the city would probably become permanently uninhabitable,
with little chance of a successful cleanup.
(2) Making such a weapon would not be difficult, by modern
technological standards, given 25 to 35 pounds of highly
enriched uranium.
(3) Since the development of the first nuclear weapons,
countries around the world have recognized the unique risk that
nuclear weapons pose to peace and security.
(4) The first treaty limiting the use of nuclear technology
was the Limited Test Ban Treaty of 1963, which banned the
testing of nuclear weapons in the atmosphere, in outer space,
and underwater. Since that time, many treaties to limit the use
and proliferation of nuclear weapons have been signed.
(5) Perhaps the most important of these treaties is the
Treaty on the Non-Proliferation of Nuclear Weapons, which
restricts almost all of the 188 nations that are signatories
from developing nuclear weapons. As part of their obligation
under the Treaty on the Non-Proliferation of Nuclear Weapons,
163 countries have reached safeguards agreements with the
International Atomic Energy Agency that require a comprehensive
system for accounting for nuclear materials and intrusive
inspections of their nuclear facilities.
(6) These treaties and safeguards agreements reflect the
worldwide understanding that nuclear materials in the wrong
hands pose a direct threat to peace and prosperity.
(7) Chapter VII of the United Nations Charter, article 39
states the following: ``The Security Council shall determine
the existence of any threat to the peace, breach of the peace,
or act of aggression and shall make recommendations, or decide
what measures shall be taken in accordance with Articles 41 and
42, to maintain or restore international peace and security.''.
(8) In 2004, the United Nations Security Council
unanimously adopted Resolution 1540, binding on all members of
the United Nations, which stated in part the following:
``The Security Council, . . . Acting under Chapter VII of the
Charter of the United Nations, . . .
``2. Decides also that all States, in accordance
with their national procedures, shall adopt and enforce
appropriate effective laws which prohibit any non-State
actor to manufacture, acquire, possess, develop,
transport, transfer or use nuclear, chemical or
biological weapons and their means of delivery, in
particular for terrorist purposes, as well as attempts
to engage in any of the foregoing activities,
participate in them as an accomplice, assist or finance
them;
``3. Decides also that all States shall take and
enforce effective measures to establish domestic
controls to prevent the proliferation of nuclear,
chemical, or biological weapons and their means of
delivery, including by establishing appropriate
controls over related materials and to this end shall:
. . .
``(d) Establish, develop, review and
maintain appropriate effective national export
and trans-shipment controls over such items,
including appropriate laws and regulations to
control export, transit, trans-shipment and re-
export and controls on providing funds and
services related to such export and trans-
shipment such as financing, and transporting
that would contribute to proliferation, as well
as establishing end-user controls; and
establishing and enforcing appropriate criminal
or civil penalties for violations of such
export control laws and regulations;''.
(9) Resolution 1540 reflects the general understanding of
the members of the United Nations that the illicit transfer of
nuclear weapons and related materials is a ``threat to the
peace''.
(10) The international community has demonstrated a growing
appreciation of the scope and urgency of the threat posed by
nuclear terrorism. At the G-8 Summit held in July 2009 in
L'Aquila, Italy, the heads of state assembled agreed that ``The
threat of terrorists acquiring WMDs continues to be cause for
deep concern'' and ``We are determined to continue working
together to ensure that terrorists never have access to those
weapons and related materials.''.
(11) The President has announced his intention to host a
Global Nuclear Security Summit in March 2010 in part to
``deter, detect, and disrupt attempts at nuclear terrorism'',
declaring that the international community ``should not wait
for an act of nuclear terrorism before working together to
collectively improve our nuclear security culture, share our
best practices and raise our standards for nuclear security.''.
SEC. 3. STATEMENT OF POLICY REGARDING CRIMES AGAINST HUMANITY.
It is the policy of the United States that the transfer of a
nuclear weapon or device or of nuclear material or technology with
reason to believe that the weapon or device, or a weapon or device made
using the transferred material or technology, may be used for terrorist
purposes, is a crime against humanity and that individuals are liable
for such acts under customary international criminal law.
SEC. 4. CRIMINAL OFFENSE.
(a) Offense.--Chapter 113B of title 18, United States Code, is
amended by adding at the end the following new section:
``Sec. 2332i. Transfer of nuclear weapons, devices, material, or
technology
``(a) Unlawful Conduct.--
``(1) In general.--It shall be unlawful for any person to
knowingly transfer to any organization or person described in
paragraph (2)--
``(A) any weapon that is designed or intended to
release radiation or radioactivity at a level dangerous
to human life, or that uses a nuclear reaction in order
to create an explosion;
``(B) any device or other object that is capable of
endangering, and is designed or intended to endanger,
human life through the release of radiation or
radioactivity;
``(C) any nuclear material or nuclear byproduct
material; or
``(D) any sensitive nuclear technology.
``(2) Organizations and persons described.--The
organizations and persons referred to in paragraph (1) are--
``(A) any organization designated by the Secretary
of State under section 219(a)(1) of the Immigration and
Nationality Act as a foreign terrorist organization;
and
``(B) any other person, if the transferor knew or
had reasonable grounds to believe that the weapon,
device, material, or technology transferred would be
used in preparation for, or in carrying out, a Federal
crime of terrorism or an act of international
terrorism, whether or not such a crime or act occurs.
``(3) Effect on international law.--Nothing in this section
shall be construed to apply with respect to activities
undertaken by the military forces of a country in the exercise
of their official duties.
``(b) Jurisdiction.--Conduct prohibited by subsection (a) is within
the jurisdiction of the United States if--
``(1) the offense occurs in or affects interstate or
foreign commerce;
``(2) the offense occurs outside of the United States and
is committed by a national of the United States;
``(3) the offense occurs outside of the United States and
the recipient of the weapon, device, material, or technology
that is the subject of the offense has at any time conspired,
attempted, or threatened to commit a Federal crime of terrorism
or an act of international terrorism against the United States
Government, any property of the United States, a United States
national, or an instrumentality of the interstate or foreign
commerce of the United States;
``(4) a financial institution or other person doing
business in the United States, or any other financial
institution or other person that is under the control of an
entity organized under the laws of the United States, provides
funds or any form of financing in furtherance of the offense;
or
``(5) an offender aids or abets any person over whom
jurisdiction exists under this subsection in committing an
offense under this section or conspires with any person over
whom jurisdiction exists under this subsection to commit an
offense under this section.
``(c) Criminal Penalties.--
``(1) In general.--Any person who violates, or attempts or
conspires to violate, subsection (a) shall be fined not more
than $2,000,000 and imprisoned for a term of not less than 25
years or for life.
``(2) Special circumstances.--If the death of another
results from the use of the weapon, device, material, or
technology that is the subject of the person's violation of
subsection (a), the person shall be fined not more than
$2,000,000 and punished by imprisonment for life.
``(d) Definitions.--For purposes of this section--
``(1) an institution or person is under the `control' of
another entity if that other entity owns a majority of the
equity interest in that institution or person;
``(2) the term `Federal crime of terrorism' has the meaning
given that term in section 2332b(g)(5);
``(3) the term `international terrorism' has the meaning
given that term in section 2331(1);
``(4) the terms `nuclear material' and `nuclear byproduct
material' have the meanings given those terms in section 831(f)
of this title; and
``(5)(A) the term `sensitive nuclear technology' means any
information (including information incorporated in a production
facility or utilization facility or important component part
thereof) which is not available to the public and which is
important to the design, construction, fabrication, operation
or maintenance of a uranium enrichment or nuclear fuel
reprocessing facility or a facility for the production of heavy
water, or detonators, charges, or other components necessary to
ignite or facilitate the detonation of a weapon, device, or
object described in subparagraph (A) or (B) of subsection
(a)(1);
``(B) the terms `production facility' and `utilization
facility' have the meanings given those terms in section 11 of
the Atomic Energy Act of 1954 (42 U.S.C. 2014).''.
(b) Conforming Amendment.--The table of sections for chapter 113B
of title 18, United States Code, is amended by adding at the end the
following new item:
``2332i. Transfer of nuclear weapons, devices, material, or
technology.''.
SEC. 5. INTERNATIONAL ORGANIZATIONS AND BILATERAL AND MULTILATERAL
FORA.
(a) United Nations.--The Secretary of State shall direct the
Permanent Representative of the United States to the United Nations to
seek the adoption in the General Assembly of a resolution recognizing
that the transfer of a nuclear weapon or device, material, or
technology, with reason to believe that the weapon or device, or a
weapon or device made using the transferred material or technology, may
be used for terrorist purposes, is a crime against humanity.
(b) Bilateral and Multilateral Fora.--The Secretary of State shall
direct the representatives of the United States to bilateral and
multilateral fora to urge their foreign counterparts to seek the
enactment in their home countries of national laws recognizing that the
transfer of a nuclear weapon or device, material, or technology, with
reason to believe that the weapon or device, or a weapon or device made
using the transferred material or technology, may be used for terrorist
purposes, is a crime against humanity.
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