I 

111TH CONGRESS 

1ST SESSION H. R. 3244 

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 HOUSE OF REPRESENTATIVES 

JULY 16, 2009 

Mr. SCHIFF introduced the following bill; which was referred to the Committee 

on the Judiciary, and in addition to the Committee on Foreign Affairs, 

for a period to be subsequently determined by the Speaker, in each case 

for consideration of such provisions as fall within the jurisdiction of the 

committee concerned 

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. 

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 Trafficking 

5 Prevention Act’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 


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1 (1) A single, simple nuclear weapon detonated 

2 in the heart of an American city would kill 100,000 

3 people instantly, and seriously injure tens of thou4 sands more. A significant portion of the city would 

5 probably become permanently uninhabitable, with lit6 tle chance of a successful cleanup. 

7 (2) Making such a weapon would not be dif8 ficult, by modern technological standards, given 25 

9 to 35 pounds of highly enriched uranium. 

10 (3) Since the development of the first nuclear 

11 weapons, countries around the world have recognized 

12 the unique risk that nuclear weapons pose to peace 

13 and security. 

14 (4) The first treaty limiting the use of nuclear 

15 technology was the Limited Test Ban Treaty of 

16 1963, which banned the testing of nuclear weapons 

17 in the atmosphere, in outer space, and underwater. 

18 Since that time, many treaties to limit the use and 

19 proliferation of nuclear weapons have been signed. 

20 (5) Perhaps the most important of these trea21 ties is the Treaty on the Non-Proliferation of Nu22 clear Weapons, which restricts almost all of the 188 

23 nations that are signatories from developing nuclear 

24 weapons. As part of their obligation under the Trea25 ty on the Non-Proliferation of Nuclear Weapons, 


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1 153 countries have reached safeguards agreements 

2 with the International Atomic Energy Agency that 

3 require a comprehensive system for accounting for 

4 nuclear materials and intrusive inspections of their 

5 nuclear facilities. 

6 (6) These treaties and safeguards agreements 

7 reflect the worldwide understanding that nuclear 

8 materials in the wrong hands pose a direct threat to 

9 peace and prosperity. 

10 (7) Chapter VII of the United Nations Charter, 

11 article 39 states the following: ‘‘The Security Coun12 cil shall determine the existence of any threat to the 

13 peace, breach of the peace, or act of aggression and 

14 shall make recommendations, or decide what meas15 ures shall be taken in accordance with articles 41 

16 and 42, to maintain or restore international peace 

17 and security.’’ 

18 (8) In 2004, the United Nations Security Coun19 cil unanimously adopted Resolution 1540, binding on 

20 all members of the United Nations, which stated in 

21 part the following: 

22 ‘‘The Security Council, . . . Acting under Chapter 

23 VII of the Charter of the United Nations, . . . 

24 ‘‘2. Decides also that all States, in accord25 ance with their national procedures, shall adopt 


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1 and enforce appropriate effective laws which 

2 prohibit any non-State actor to manufacture, 

3 acquire, possess, develop, transport, transfer or 

4 use nuclear, chemical or biological weapons and 

5 their means of delivery, in particular for ter6 rorist purposes, as well as attempts to engage 

7 in any of the foregoing activities, participate in 

8 them as an accomplice, assist or finance them; 

9 ‘‘3. Decides also that all States shall take 

10 and enforce effective measures to establish do11 mestic controls to prevent the proliferation of 

12 nuclear, chemical, or biological weapons and 

13 their means of delivery, including by estab14 lishing appropriate controls over related mate15 rials and to this end shall: . . . 

16 ‘‘(d) Establish, develop, review and 

17 maintain appropriate effective national ex18 port and trans-shipment controls over such 

19 items, including appropriate laws and reg20 ulations to control export, transit, trans21 shipment and re-export and controls on 

22 providing funds and services related to 

23 such export and trans-shipment such as fi24 nancing, and transporting that would con25 tribute to proliferation, as well as estabVerDate Nov 24 2008 05:50 Jul 17, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3244.IH H3244

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1 lishing end-user controls; and establishing 

2 and enforcing appropriate criminal or civil 

3 penalties for violations of such export con4 trol laws and regulations;’’. 

5 (9) Resolution 1540 reflects the general under6 standing of the members of the United Nations that 

7 the illicit transfer of nuclear weapons and related 

8 materials is a ‘‘threat to the peace’’. 

9 (10) The international community has dem10 onstrated a growing appreciation of the scope and 

11 urgency of the threat posed by nuclear terrorism. At 

12 the G–8 Summit held in July 2009 in L’Aquila, 

13 Italy, the heads of state assembled agreed that ‘‘The 

14 threat of terrorists acquiring WMDs continues to be 

15 cause for deep concern’’ and ‘‘We are determined to 

16 continue working together to ensure that terrorists 

17 never have access to those weapons and related ma18 terials’’. 

19 (11) The President has announced his intention 

20 to host a Global Nuclear Security Summit in March 

21 2010, in part to ‘‘deter, detect, and disrupt attempts 

22 at nuclear terrorism’’, declaring that the inter23 national community ‘‘should not wait for an act of 

24 nuclear terrorism before working together to collec25 tively improve our nuclear security culture, share 


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1 our best practices, and raise our standards for nu2 clear security’’. 

3 SEC. 3. STATEMENT OF POLICY REGARDING CRIMES 

4 AGAINST HUMANITY. 

5 It is the policy of the United States that the transfer 

6 of a nuclear weapon or device or of nuclear material or 

7 technology with reason to believe that the weapon or de8 vice, or a weapon or device made using the transferred 

9 material or technology, may be used for terrorist purposes, 

10 is a crime against humanity and that individuals are liable 

11 for such acts under customary international criminal law. 

12 SEC. 4. CRIMINAL OFFENSE. 

13 (a) OFFENSE.—Chapter 113B of title 18, United 

14 States Code, is amended by adding at the end the fol15 lowing new section: 

16 ‘‘§ 2332i. Transfer of nuclear weapons, devices, mate17 rial, or technology 

18 ‘‘(a) UNLAWFUL CONDUCT.— 

19 ‘‘(1) IN GENERAL.—It shall be unlawful for any 

20 person to knowingly transfer to any organization or 

21 person described in paragraph (2)— 

22 ‘‘(A) any weapon that is designed or in23 tended to release radiation or radioactivity at a 

24 level dangerous to human life, or that uses a 

25 nuclear reaction in order to create an explosion; 


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1 ‘‘(B) any device or other object that is ca2 pable of endangering, and is designed or in3 tended to endanger, human life through the re4 lease of radiation or radioactivity; 

5 ‘‘(C) any nuclear material or nuclear by6 product material; or 

7 ‘‘(D) any sensitive nuclear technology. 

8 ‘‘(2) ORGANIZATIONS AND PERSONS DE9 SCRIBED.—The organizations and persons referred 

10 to in paragraph (1) are— 

11 ‘‘(A) any organization designated by the 

12 Secretary of State under section 219(a)(1) of 

13 the Immigration and Nationality Act as a for14 eign terrorist organization; and 

15 ‘‘(B) any other person, if the transferor 

16 knew or had reasonable grounds to believe that 

17 the weapon, device, material, or technology 

18 transferred would be used in preparation for, or 

19 in carrying out, a Federal crime of terrorism or 

20 an act of international terrorism, whether or 

21 not such a crime or act occurs. 

22 ‘‘(3) EFFECT ON INTERNATIONAL LAW.—Noth23 ing in this section shall be construed to apply with 

24 respect to activities undertaken by the military 


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1 forces of a country in the exercise of their official 

2 duties. 

3 ‘‘(b) JURISDICTION.—Conduct prohibited by sub4 section (a) is within the jurisdiction of the United States 

5 if— 

6 ‘‘(1) the offense occurs in or affects interstate 

7 or foreign commerce; 

8 ‘‘(2) the offense occurs outside of the United 

9 States and is committed by a national of the United 

10 States; 

11 ‘‘(3) the offense occurs outside of the United 

12 States and the recipient of the weapon, device, mate13 rial, or technology that is the subject of the offense 

14 has at any time conspired, attempted, or threatened 

15 to commit a Federal crime of terrorism or an act of 

16 international terrorism against the United States 

17 Government, any property of the United States, a 

18 United States national, or an instrumentality of the 

19 interstate or foreign commerce of the United States; 

20 ‘‘(4) a financial institution or other person 

21 doing business in the United States, or any other fi22 nancial institution or other person that is under the 

23 control of an entity organized under the laws of the 

24 United States, provides funds or any form of financ25 ing in furtherance of the offense; or 


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1 ‘‘(5) an offender aids or abets any person over 

2 whom jurisdiction exists under this subsection in 

3 committing an offense under this section or con4 spires with any person over whom jurisdiction exists 

5 under this subsection to commit an offense under 

6 this section. 

7 ‘‘(c) CRIMINAL PENALTIES.— 

8 ‘‘(1) IN GENERAL.—Any person who violates, or 

9 attempts or conspires to violate, subsection (a) shall 

10 be fined not more than $2,000,000 and imprisoned 

11 for a term of not less than 25 years or for life. 

12 ‘‘(2) SPECIAL CIRCUMSTANCES.—If the death 

13 of another results from the use of the weapon, de14 vice, material, or technology that is the subject of 

15 the person’s violation of subsection (a), the person 

16 shall be fined not more than $2,000,000 and pun17 ished by imprisonment for life. 

18 ‘‘(d) DEFINITIONS.—For purposes of this section— 

19 ‘‘(1) an institution or person is under the ‘con20 trol’ of another entity if that other entity owns a 

21 majority of the equity interest in that institution or 

22 person; 

23 ‘‘(2) the term ‘Federal crime of terrorism’ has 

24 the meaning given that term in section 2332b(g)(5); 


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1 ‘‘(3) the term ‘international terrorism’ has the 

2 meaning given that term in section 2331(1); 

3 ‘‘(4) the terms ‘nuclear material’ and ‘nuclear 

4 byproduct material’ have the meanings given those 

5 terms in section 831(f) of this title; and 

6 ‘‘(5)(A) the term ‘sensitive nuclear technology’ 

7 means any information (including information incor8 porated in a production facility or utilization facility 

9 or important component part thereof) which is not 

10 available to the public and which is important to the 

11 design, construction, fabrication, operation or main12 tenance of a uranium enrichment or nuclear fuel re13 processing facility, a facility for the production of 

14 heavy water, or detonators, charges, or other compo15 nents necessary to ignite or facilitate the detonation 

16 of a weapon, device, or object described in subpara17 graph (A) or (B) of subsection (a)(1); and 

18 ‘‘(B) the terms ‘production facility’ and ‘utiliza19 tion facility’ have the meanings given those terms in 

20 section 11 of the Atomic Energy Act of 1954 (42 

21 U.S.C. 2014).’’. 

22 (b) CONFORMING AMENDMENT.—The table of sec23 tions for chapter 113B of title 18, United States Code, 

24 is amended by adding at the end the following new item: 

‘‘2332i. Transfer of nuclear weapons, devices, material, or technology.’’. 


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1 SEC. 5. INTERNATIONAL ORGANIZATIONS AND BILATERAL 

2 AND MULTILATERAL FORA. 

3 (a) UNITED NATIONS.—The Secretary of State shall 

4 direct the Permanent Representative of the United States 

5 to the United Nations to seek the adoption in the General 

6 Assembly of a resolution recognizing that the transfer of 

7 a nuclear weapon or device, material, or technology, with 

8 reason to believe that the weapon or device, or a weapon 

9 or device made using the transferred material or tech10 nology, may be used for terrorist purposes, is a crime 

11 against humanity. 

12 (b) BILATERAL AND MULTILATERAL FORA.—The 

13 Secretary of State shall direct the representatives of the 

14 United States to bilateral and multilateral fora to urge 

15 their foreign counterparts to seek the enactment in their 

16 home countries of national laws recognizing that the 

17 transfer of a nuclear weapon or device, material, or tech18 nology, with reason to believe that the weapon or device, 

19 or a weapon or device made using the transferred material 

20 or technology, may be used for terrorist purposes, is a 

21 crime against humanity. 

Æ 


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