II 

110TH CONGRESS 

1ST SESSION S. 1705 

To prevent nuclear terrorism, and for other purposes. 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Nuclear Terrorism 

5 Prevention Act of 2007’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) The term ‘‘Convention on the Physical Pro9 tection of Nuclear Material’’ means the Convention 

10 on the Physical Protection of Nuclear Material, 

11 signed at New York and Vienna March 3, 1980. 


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1 (2) The term ‘‘formula quantities of strategic 

2 special nuclear material’’ means uranium–235 (con3 tained in uranium enriched to 20 percent or more in 

4 the U–235 isotope), uranium–233, or plutonium in 

5 any combination in a total quantity of 5,000 grams 

6 or more computed by the formula, grams = (grams 

7 contained U–235) + 2.5 (grams U–233 + grams 

8 plutonium), as set forth in the definitions of ‘‘for9 mula quantity’’ and ‘‘strategic special nuclear mate10 rial’’ in section 73.2 of title 10, Code of Federal 

11 Regulations. 

12 (3) The term ‘‘Nuclear Non-Proliferation Trea13 ty’’ means the Treaty on the Non-Proliferation of 

14 Nuclear Weapons, done at Washington, London, and 

15 Moscow July 1, 1968, and entered into force March 

16 5, 1970 (21 UST 483). 

17 (4) The term ‘‘nuclear weapon’’ means any de18 vice utilizing atomic energy, exclusive of the means 

19 for transporting or propelling the device (where such 

20 means is a separable and divisible part of the de21 vice), the principal purpose of which is for use as, 

22 or for the development of, a weapon, a weapon pro23 totype, or a weapon test device. 

24 SEC. 3. FINDINGS. 

25 Congress makes the following findings: 


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1 (1) The possibility that terrorists may acquire 

2 and use a nuclear weapon against the United States 

3 is the most horrific threat that our Nation faces. 

4 (2) The September 2006 ‘‘National Strategy for 

5 Combating Terrorism’’ issued by the White House 

6 states, ‘‘Weapons of mass destruction in the hands 

7 of terrorists is one of the gravest threats we face.’’ 

8 (3) Former Senator and cofounder of the Nu9 clear Threat Initiative Sam Nunn has stated, 

10 ‘‘Stockpiles of loosely guarded nuclear weapons ma11 terial are scattered around the world, offering invit12 ing targets for theft or sale. We are working on this, 

13 but I believe that the threat is outrunning our re14 sponse.’’. 

15 (4) Existing programs intended to secure, mon16 itor, and reduce nuclear stockpiles, redirect nuclear 

17 scientists, and interdict nuclear smuggling have 

18 made substantial progress, but additional efforts are 

19 needed to reduce the threat of nuclear terrorism as 

20 much as possible. 

21 (5) Former United Nations Secretary-General 

22 Kofi Annan has said that a nuclear terror attack 

23 ‘‘would not only cause widespread death and de24 struction, but would stagger the world economy and 

25 thrust tens of millions of people into dire poverty’’. 


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1 (6) United Nations Security Council Resolution 

2 1540 (2004) reaffirms the need to combat by all 

3 means, in accordance with the Charter of the United 

4 Nations, threats to international peace and security 

5 caused by terrorist acts, and directs all countries, in 

6 accordance with their national procedures, to adopt 

7 and enforce effective laws that prohibit any non8 state actor from manufacturing, acquiring, pos9 sessing, developing, transporting, transferring, or 

10 using nuclear, chemical, or biological weapons and 

11 their means of delivery, in particular for terrorist 

12 purposes, and to prohibit attempts to engage in any 

13 of the foregoing activities, participate in them as an 

14 accomplice, or assist or finance them. 

15 (7) The Director General of the International 

16 Atomic Energy Agency, Dr. Mohammed ElBaradei, 

17 has said that it is a ‘‘race against time’’ to prevent 

18 a terrorist attack using a nuclear weapon. 

19 (8) The International Atomic Energy Agency 

20 plays a vital role in coordinating efforts to protect 

21 nuclear materials and to combat nuclear smuggling. 

22 (9) Legislation sponsored by Senator Richard 

23 Lugar, Senator Pete Domenici, and former Senator 

24 Sam Nunn has resulted in groundbreaking programs 

25 to secure nuclear weapons and materials and to help 


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1 ensure that such weapons and materials do not fall 

2 into the hands of terrorists. 

3 SEC. 4. SENSE OF CONGRESS ON THE PREVENTION OF NU4 CLEAR TERRORISM. 

5 It is the sense of Congress that— 

6 (1) the President should make the prevention of 

7 a nuclear terrorist attack on the United States of 

8 the highest priority; 

9 (2) the President should accelerate programs, 

10 requesting additional funding as appropriate, to pre11 vent nuclear terrorism, including combating nuclear 

12 smuggling, securing and accounting for nuclear 

13 weapons, and eliminating, removing, or securing and 

14 accounting for formula quantities of strategic special 

15 nuclear material wherever such quantities may be; 

16 (3) the United States should take a comprehen17 sive approach to reducing the danger of nuclear ter18 rorism, including by making additional efforts to 

19 identify and eliminate terrorist groups that aim to 

20 acquire nuclear weapons, to ensure that nuclear 

21 weapons worldwide are secure and accounted for and 

22 that formula quantities of strategic special nuclear 

23 material worldwide are eliminated, removed, or se24 cure and accounted for to a degree sufficient to de25 feat the threat that terrorists and criminals have 


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1 shown they can pose, and to increase the ability to 

2 find and stop terrorist efforts to manufacture nu3 clear explosives or to transport nuclear explosives 

4 and materials anywhere in the world; 

5 (4) within such a comprehensive approach, a 

6 high priority must be placed on ensuring that all nu7 clear weapons worldwide are secure and accounted 

8 for and that all formula quantities of strategic spe9 cial nuclear material worldwide are eliminated, re10 moved, or secure and accounted for; and 

11 (5) the International Atomic Energy Agency 

12 should be funded appropriately to fulfill its role in 

13 coordinating international efforts to protect nuclear 

14 material and to combat nuclear smuggling. 

15 SEC. 5. SENIOR ADVISOR TO THE PRESIDENT FOR THE 

16 PREVENTION OF NUCLEAR TERRORISM. 

17 (a) DESIGNATION OF POSITION.—The President 

18 shall designate an individual to serve in the Executive Of19 fice of the President as the Senior Advisor to the Presi20 dent for the Prevention of Nuclear Terrorism. 

21 (b) DUTIES.—The Senior Advisor to the President, 

22 under the direction of the Assistant to the President for 

23 National Security Affairs, shall be responsible for— 


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1 (1) advising the President on all matters relat2 ing to preventing nuclear terrorism and responding 

3 to a nuclear terrorism event; 

4 (2) directing and coordinating the formulation 

5 of United States policies for preventing nuclear ter6 rorism, including— 

7 (A) developing plans, including timelines, 

8 measurable milestones, and targets to which the 

9 departments and agencies of the United States 

10 Government can be held accountable, to better 

11 prevent nuclear terrorism; 

12 (B) identifying and addressing gaps, dupli13 cation, and inefficiencies in existing programs 

14 and taking other appropriate actions to over15 come obstacles to accelerated progress to pre16 vent nuclear terrorism; 

17 (C) overseeing and coordinating the devel18 opment, by the departments and agencies of the 

19 United States Government, of accelerated and 

20 strengthened program implementation strate21 gies and diplomatic strategies with respect to 

22 the prevention of nuclear terrorism; 

23 (D) overseeing and coordinating the devel24 opment of budget requests for programs to pre25 vent nuclear terrorism and ensuring that such 


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1 requests adequately reflect the priority of the 

2 threat of nuclear terrorism; and 

3 (E) identifying such new initiatives to pre4 vent nuclear terrorism as may be needed; and 

5 (3) coordinating United States efforts to imple6 ment such policies. 

7 SEC. 6. MINIMUM SECURITY STANDARD FOR NUCLEAR 

8 WEAPONS AND FORMULA QUANTITIES OF 

9 STRATEGIC SPECIAL NUCLEAR MATERIAL. 

10 (a) POLICY.—It is the policy of the United States to 

11 take all possible steps to ensure that all nuclear weapons 

12 around the world are secure and accounted for and that 

13 all formula quantities of strategic special nuclear material 

14 are eliminated, removed, or secure and accounted for to 

15 a level sufficient to defeat the threats posed by terrorists 

16 and criminals. 

17 (b) INTERNATIONAL NUCLEAR SECURITY STAND18 ARD.—In furtherance of the policy described in subsection 

19 (a), and consistent with the requirement for ‘‘appropriate 

20 effective’’ physical protection contained in United Nations 

21 Security Council Resolution 1540 (2004), as well as the 

22 Nuclear Non-Proliferation Treaty and the Convention on 

23 the Physical Protection of Nuclear Material, the Presi24 dent, in consultation with the Senior Advisor to the Presi25 dent for the Prevention of Nuclear Terrorism and relevant 


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1 Federal departments and agencies, shall seek the broadest 

2 possible international agreement on a global standard for 

3 nuclear security that— 

4 (1) ensures that nuclear weapons and formula 

5 quantities of strategic special nuclear material are 

6 secure and accounted for to a sufficient level to de7 feat the threats posed by terrorists and criminals; 

8 (2) takes into account the limitations of equip9 ment and human performance; and 

10 (3) includes steps to provide confidence that the 

11 needed measures have in fact been implemented. 

12 (c) INTERNATIONAL EFFORTS.—In furtherance of 

13 the policy described in subsection (a), the President, in 

14 consultation with the Senior Advisor to the President for 

15 the Prevention of Nuclear Terrorism and relevant Federal 

16 departments and agencies, shall— 

17 (1) work with other countries and the Inter18 national Atomic Energy Agency to assist, and if nec19 essary convince, the governments of any and all 

20 countries in possession of nuclear weapons or for21 mula quantities of strategic special nuclear material 

22 to ensure that security is upgraded to meet the 

23 standard described in subsection (b) as rapidly as 

24 possible and in a manner that— 


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1 (A) accounts for the nature of the terrorist 

2 and criminal threat in each such country; and 

3 (B) ensures that any measures to which 

4 the United States and any such country agree 

5 are sustained after United States and other 

6 international assistance ends; 

7 (2) ensure that United States financial and 

8 technical assistance is available to countries for 

9 which the provision of such assistance would accel10 erate the implementation of, or improve the effec11 tiveness of, such security upgrades; and 

12 (3) work with the governments of other coun13 tries to ensure that effective nuclear security rules, 

14 accompanied by effective regulation and enforce15 ment, are put in place to govern all nuclear weapons 

16 and formula quantities of strategic special nuclear 

17 material around the world. 

18 SEC. 7. ANNUAL REPORT. 

19 (a) IN GENERAL.—Not later than September 1 of 

20 each year, the President, in consultation with the Senior 

21 Advisor to the President for the Prevention of Nuclear 

22 Terrorism and relevant Federal departments and agencies, 

23 shall submit to Congress a report on the security of nu24 clear weapons, formula quantities of strategic special nuVerDate Aug 31 2005 05:52 Jun 28, 2007 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1705.IS S1705

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1 clear material, radiological materials, and related equip2 ment worldwide. 

3 (b) ELEMENTS.—The report required under sub4 section (a) shall include the following: 

5 (1) A section on the programs for the security 

6 and accounting of nuclear weapons and the elimi7 nation, removal, and security and accounting of for8 mula quantities of strategic special nuclear material 

9 and radiological materials, established under section 

10 3132(b) of the Ronald W. Reagan National Defense 

11 Authorization Act for Fiscal Year 2005 (50 U.S.C. 

12 2569(b)), which shall include the following: 

13 (A) A survey of the facilities and sites 

14 worldwide that contain nuclear weapons or re15 lated equipment, formula quantities of strategic 

16 special nuclear material, or radiological mate17 rials. 

18 (B) A list of such facilities and sites deter19 mined to be of the highest priority for security 

20 and accounting of nuclear weapons and related 

21 equipment, or the elimination, removal, or secu22 rity and accounting of formula quantities of 

23 strategic special nuclear material and radio24 logical materials, taking into account risk of 


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1 theft from such facilities and sites, and orga2 nized by level of priority. 

3 (C) A prioritized diplomatic and technical 

4 plan, including measurable milestones, metrics, 

5 estimated timetables, and estimated costs of im6 plementation, on the following: 

7 (i) The security and accounting of nu8 clear weapons and related equipment and 

9 the elimination, removal, or security and 

10 accounting of formula quantities of stra11 tegic special nuclear material and radio12 logical materials at such facilities and sites 

13 worldwide. 

14 (ii) Ensuring that security upgrades 

15 and accounting reforms implemented at 

16 such facilities and sites worldwide using 

17 the financial and technical assistance of 

18 the United States are effectively sustained 

19 after such assistance ends. 

20 (D) An assessment of the progress made in 

21 implementing the plan described in subpara22 graph (C), including a description of the efforts 

23 of foreign governments to secure and account 

24 for nuclear weapons and related equipment and 

25 to eliminate, remove, or secure and account for 


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1 formula quantities of strategic special nuclear 

2 material and radiological materials. 

3 (2) A section on efforts to establish and imple4 ment the international nuclear security standard de5 scribed in section 6(b) and related policies. 

6 (c) FORM.—The report may be submitted in classi7 fied form but shall include a detailed unclassified sum8 mary. 

9 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

10 (a) REMOVAL OF HIGHLY ENRICHED URANIUM.— 

11 There are authorized to be appropriated to the Secretary 

12 of Energy for fiscal year 2008, $50,000,000— 

13 (1) to increase international participation in ef14 forts to convert nuclear facilities that operate using 

15 highly enriched uranium to operation using low en16 riched uranium; and 

17 (2) to remove highly enriched uranium from 

18 such facilities. 

19 (b) NATIONAL TECHNICAL NUCLEAR FORENSICS RE20 SEARCH AND DEVELOPMENT.—There are authorized to be 

21 appropriated to the Secretary of Energy for fiscal year 

22 2008, $40,000,000 for national technical nuclear forensics 

23 research and development efforts to further the capability 

24 to identify the origin of nuclear weapons and strategic spe25 cial nuclear material through signatures development, 


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1 knowledge base and data management, and collection and 

2 analysis capabilities. 

3 (c) OFFICE OF NUCLEAR SECURITY OF THE INTER4 NATIONAL ATOMIC ENERGY AGENCY.—There are author5 ized to be appropriated to the Secretary of State for fiscal 

6 year 2008, $10,000,000 for the Office of Nuclear Security 

7 of the International Atomic Energy Agency to— 

8 (1) support the role of the Office in preventing 

9 nuclear terrorism, including managing the Illicit 

10 Trafficking Database; and 

11 (2) work with other countries on the establish12 ment and implementation of the international nu13 clear security standard described in section 6(b). 

14 (d) SECURITY UPGRADES.— 

15 (1) AUTHORIZATION.—There are authorized to 

16 be appropriated to the Secretary of Energy for fiscal 

17 year 2008, $100,000,000— 

18 (A) to provide for security and accounting 

19 upgrades at vulnerable facilities and sites 

20 worldwide that hold nuclear weapons, formula 

21 quantities of strategic special nuclear material, 

22 radiological materials, or related equipment; 

23 (B) to ensure that security upgrades al24 ready in place can be sustained by the govern25 ments of the countries in which such facilities 


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1 and sites are located and that organizations 

2 that manage and protect such facilities and 

3 sites build organizational cultures with a strong 

4 focus on security; and 

5 (C) to assist in the development and en6 forcement of nuclear security regulations by the 

7 governments of such countries. 

8 (2) CONDITION ON USE OF FUNDS.—None of 

9 the amount authorized to be appropriated by para10 graph (1) may be obligated or expended for the pur11 poses described in paragraph (1) until the President 

12 certifies to Congress that sufficient diplomatic 

13 progress has been made to enable security upgrades 

14 at additional vulnerable facilities worldwide that hold 

15 nuclear weapons, formula quantities of strategic spe16 cial nuclear material, radiological materials, or re17 lated equipment. 

18 (e) CONVERSION OF HIGHLY ENRICHED URANIUM.— 

19 (1) AUTHORIZATION.—There are authorized to 

20 be appropriated to the Secretary of Energy for fiscal 

21 year 2008, $200,000,000 to assist the Government 

22 of Russia in enhancing its capacity to convert highly 

23 enriched uranium into low enriched uranium to allow 

24 additional highly enriched uranium in Russia to be 

25 converted into low enriched uranium appropriate for 


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1 civil energy use and to increase the rate at which 

2 such conversion takes place. 

3 (2) CONDITION ON USE OF FUNDS.—None of 

4 the amount authorized to be appropriated by para5 graph (1) may be obligated or expended for the pur6 pose described in paragraph (1) until the President 

7 certifies to Congress that the Government of Russia 

8 acknowledges the need and demonstrates the willing9 ness to convert additional highly enriched uranium 

10 in excess of its national security needs to low en11 riched uranium appropriate for civil energy use. 

12 (f) SUPPLEMENT NOT SUPPLANT.—The amounts au13 thorized to be appropriated by subsections (a) through (e) 

14 for the purposes set forth in such subsections are in addi15 tion to any other amounts authorized to be appropriated 

16 for such purposes. 

Æ 


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