II 

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. 

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 2006’’. 

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 ‘‘design-basis threat’’ means a 

2 profile of the type, composition, and capabilities of 

3 an adversary. 

4 (3) The term ‘‘formula quantities of strategic 

5 special nuclear material’’ means uranium–235 (con6 tained in uranium enriched to 20 percent or more in 

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

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

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

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

11 plutonium), as set forth in the definitions of ‘‘for12 mula quantities’’ and ‘‘strategic special nuclear ma13 terial’’ in section 73.2 of title 10, Code of Federal 

14 Regulations. 

15 (4) The term ‘‘Nuclear Non-Proliferation Trea16 ty’’ means the Treaty on the Non-Proliferation of 

17 Nuclear Weapons, done at Washington, London, and 

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

19 5, 1970 (21 UST 483). 

20 (5) The term ‘‘nuclear weapon’’ means any de21 vice utilizing atomic energy, exclusive of the means 

22 for transporting or propelling the device (where such 

23 means is a separable and divisible part of the de24 vice), the principal purpose of which is for use as, 


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1 or for the development of, a weapon, a weapon pro2 totype, or a weapon test device. 

3 SEC. 3. FINDINGS. 

4 Congress makes the following findings: 

5 (1) The possibility that terrorists may acquire 

6 and use a nuclear weapon against the United States 

7 is an urgent threat to the security of our nation and 

8 the world. 

9 (2) The United States must take a comprehen10 sive approach to reducing this danger, including ad11 ditional efforts to identify and eliminate terrorist 

12 groups that aim to acquire nuclear weapons, to en13 sure that nuclear weapons and formula quantities of 

14 strategic special nuclear material around the world 

15 are secure and accounted for to a degree sufficient 

16 to defeat the threat that terrorists and criminals 

17 have shown they can pose, and to increase the ability 

18 to find and stop terrorist efforts to manufacture nu19 clear explosives or to transport nuclear explosives 

20 and materials anywhere in the world. 

21 (3) Within such a comprehensive strategy, a 

22 high priority must be placed on ensuring that all nu23 clear weapons and formula quantities of strategic 

24 special nuclear material worldwide are secure and 

25 accounted for. 


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1 (4) Existing programs intended to secure, mon2 itor, and reduce nuclear stockpiles, redirect nuclear 

3 scientists, and interdict nuclear smuggling have 

4 made substantial progress, but additional efforts are 

5 needed to reduce the threat of nuclear terrorism as 

6 much as possible. 

7 (5) The September 2006 ‘‘National Strategy for 

8 Combating Terrorism’’ issued by the White House 

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

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

11 (6) United Nations Secretary-General Kofi 

12 Annan has said that a nuclear terror attack ‘‘would 

13 not only cause widespread death and destruction, 

14 but would stagger the world economy and thrust 

15 tens of millions of people into dire poverty’’. 

16 (7) United Nations Security Council Resolution 

17 1540 (2004) reaffirms the need to combat by all 

18 means, in accordance with the Charter of the United 

19 Nations, threats to international peace and security 

20 caused by terrorist acts and directs that all coun21 tries, in accordance with their national procedures, 

22 shall adopt and enforce effective laws that prohibit 

23 any non-state actor from manufacturing, acquiring, 

24 possessing, developing, transporting, transferring, or 

25 using nuclear, chemical, or biological weapons and 


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1 their means of delivery, in particular for terrorist 

2 purposes, and to prohibit attempts to engage in any 

3 of the foregoing activities, participate in them as an 

4 accomplice, or assist or finance them. 

5 (8) The Director General of the International 

6 Atomic Energy Agency, Dr. Mohammed El Baradei, 

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

8 a terrorist attack using a nuclear weapon. 

9 SEC. 4. SENSE OF CONGRESS ON THE PREVENTION OF NU10 CLEAR TERRORISM. 

11 It is the sense of Congress that— 

12 (1) the threat of nuclear terror is the most hor13 rific threat the United States faces; 

14 (2) the President should make the prevention of 

15 a nuclear terrorist attack on the United States of 

16 the highest priority; 

17 (3) the President should accelerate programs, 

18 requesting additional funding as appropriate, to pre19 vent nuclear terrorism, including combating nuclear 

20 smuggling and securing formula quantities of stra21 tegic special nuclear material wherever they may be; 

22 (4) the International Atomic Energy Agency 

23 plays a vital role in coordinating international efforts 

24 to protect nuclear materials and combat nuclear 


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1 smuggling and should be funded appropriately to 

2 fulfill that role; and 

3 (5) legislation sponsored by Senator Richard 

4 Lugar, Senator Pete Domenici, and former Senator 

5 Sam Nunn has resulted in groundbreaking programs 

6 to ensure that nuclear weapons do not fall into the 

7 hands of terrorists. 

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

9 PREVENTION OF NUCLEAR TERRORISM. 

10 (a) IN GENERAL.—Title I of the National Security 

11 Act of 1947 (50 U.S.C. 402 et seq.) is amended by insert12 ing after section 101A the following new section: 

13 ‘‘SENIOR ADVISOR TO THE PRESIDENT FOR THE

14 PREVENTION OF NUCLEAR TERRORISM

15 ‘‘SEC. 101B. (a) IN GENERAL.—There is a Senior 

16 Advisor to the President for the Prevention of Nuclear 

17 Terrorism reporting through the National Security Advi18 sor, who shall be appointed by the President by and with 

19 the advice and consent of the Senate. 

20 ‘‘(b) MEMBERSHIP ON NATIONAL SECURITY COUN21 CIL.—The Senior Advisor to the President for the Preven22 tion of Nuclear Terrorism is a member of the National 

23 Security Council. 

24 ‘‘(c) DUTIES.—The Senior Advisor to the President 

25 shall be responsible on a full-time basis for— 


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1 ‘‘(1) advising the President on all matters relat2 ing to nuclear terrorism; 

3 ‘‘(2) formulating United States policies for pre4 venting nuclear terrorism, including— 

5 ‘‘(A) developing plans, including measur6 able milestones and targets to which depart7 ments and agencies can be held accountable, to 

8 better prevent nuclear terrorism; 

9 ‘‘(B) finding and fixing gaps, duplication, 

10 and inefficiencies in existing programs and tak11 ing other steps to overcome obstacles to acceler12 ated progress to prevent nuclear terrorism; 

13 ‘‘(C) overseeing the development, by the 

14 relevant Federal departments and agencies, of 

15 accelerated and strengthened program imple16 mentation strategies and diplomatic strategies; 

17 ‘‘(D) overseeing the development of budget 

18 requests for these programs and ensuring that 

19 they adequately reflect the priority of the prob20 lem; and 

21 ‘‘(E) identifying such new initiatives as 

22 may be needed; and 

23 ‘‘(3) coordinating United States efforts to im24 plement such policies. 


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1 ‘‘(d) STAFF.—The Senior Advisor to the President 

2 may appoint and terminate such personnel as may be nec3 essary to enable the Senior Advisor to perform his or her 

4 duties.’’. 

5 (b) CONFORMING AMENDMENT.—Section 101(a) of 

6 such Act (50 U.S.C. 402(a)) is amended— 

7 (1) in paragraph (6), by striking ‘‘and’’; 

8 (2) by redesignating paragraph (7) as para9 graph (8); and 

10 (3) by inserting after paragraph (6) the fol11 lowing new paragraph: 

12 ‘‘(7) the Senior Advisor to the President for the 

13 Prevention of Nuclear Terrorism; and’’. 

14 SEC. 6. ANNUAL REPORT. 

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

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

17 Advisor to the President for the Prevention of Nuclear 

18 Terrorism, shall submit to Congress a report on the secu19 rity of formula quantities of strategic special nuclear ma20 terial. 

21 (b) CONTENT.—The report required under subsection 

22 (a) shall include the following: 

23 (1) A section on the program for the removal 

24 and security of nuclear weapons, formula quantities 

25 of strategic special nuclear material and radiological 


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1 materials established under section 3132(b) of the 

2 Ronald W. Reagan National Defense Authorization 

3 Act for Fiscal Year 2005 (50 U.S.C. 2569(b)) in4 cluding— 

5 (A) a survey by the Senior Advisor to the 

6 President of the facilities and sites worldwide 

7 that contain nuclear weapons, formula quan8 tities of strategic special nuclear material, radi9 ological materials, or related equipment; 

10 (B) a list of sites determined by the Senior 

11 Advisor to the President to be of the highest 

12 priority, taking into account risk of theft from 

13 such sites, for removal or security of prolifera14 tion-attractive fissile materials, nuclear weap15 ons, formula quantities of strategic special nu16 clear material, radiological materials, or related 

17 equipment, organized by level of priority; 

18 (C) a plan, including technical, diplomatic, 

19 and other means for the securing or removal of 

20 nuclear weapons, formula quantities of strategic 

21 special nuclear material, radiological materials, 

22 and related equipment at vulnerable facilities 

23 and sites worldwide, including measurable mile24 stones, metrics, and estimated costs for the im25 plementation of the plan; and 


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1 (D) a description of the efforts of the gov2 ernments of such countries to secure such ma3 terial. 

4 (2) A section on efforts to establish and imple5 ment the security standard and related policies de6 scribed under section 7. 

7 (c) FORM.—The report may be submitted in classi8 fied form but shall include a detailed unclassified sum9 mary. 

10 SEC. 7. MINIMUM SECURITY STANDARD FOR NUCLEAR 

11 WEAPONS AND FORMULA QUANTITIES OF 

12 STRATEGIC SPECIAL NUCLEAR MATERIALS. 

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

14 take all possible steps to ensure, as rapidly as possible, 

15 that all nuclear weapons and formula quantities of stra16 tegic special nuclear materials are secure and accounted 

17 for. 

18 (b) INTERNATIONAL NUCLEAR SECURITY STAND19 ARD.—In furtherance of the policy described in subsection 

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

21 effective’’ physical protection contained in United Nations 

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

23 Nuclear Non-Proliferation Treaty and the Convention on 

24 the Physical Protection of Nuclear Material, the Presi25 dent, acting through the Senior Advisor to the President 


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1 for the Prevention of Nuclear Terrorism, shall seek the 

2 broadest possible international agreement on a global 

3 standard for nuclear security that— 

4 (1) ensures that nuclear weapons and formula 

5 quantities of strategic special nuclear material are 

6 effectively protected against the threats posed by 

7 terrorists and criminals; 

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

10 (3) is verifiable, providing 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, act14 ing through the Senior Advisor to the President for the 

15 Prevention of Nuclear Terrorism, shall— 

16 (1) work with other countries and the Inter17 national Atomic Energy Agency to assist, and if nec18 essary convince, the governments of any and all 

19 countries where nuclear weapons or formula quan20 tities of strategic special nuclear material exist to 

21 ensure that security is upgraded to meet the stand22 ard described in subsection (b) as rapidly as possible 

23 and in such a manner that these measures are sus24 tained after United States and other international 

25 assistance ends; 


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1 (2) ensure that United States financial and 

2 technical assistance is available to countries where 

3 the provision of such assistance would accelerate the 

4 implementation of, or improve the effectiveness of, 

5 such security upgrades; and 

6 (3) seek to work with the governments of other 

7 countries to ensure that effective nuclear security 

8 rules, accompanied by effective regulation and en9 forcement, are put in place concerning all nuclear 

10 weapons and formula quantities of strategic special 

11 nuclear materials worldwide, including the imple12 mentation of a regulatory design-basis threat (DBT) 

13 model in countries with nuclear weapons or formula 

14 quantities of strategic special nuclear materials that 

15 is designed to defeat the threats posed by terrorists 

16 and criminals. 

17 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

18 There is authorized to be appropriated to the Sec19 retary of Energy for fiscal year 2008, $50,000,000— 

20 (1) to increase international participation in ef21 forts to convert nuclear facilities that operate using 

22 highly enriched uranium to operation using low en23 riched uranium; and 


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1 (2) to remove highly enriched uranium from 

2 such facilities. 

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