[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.
                                 <all>