‘‘(B) any device or other object that is ca-
pable of endangering, and is designed or in-
tended to endanger, human life through the re-
lease of radiation or radioactivity; 
‘‘(C) any nuclear material or nuclear by-
product material; or 
‘‘(D) any sensitive nuclear technology. 
‘‘(2) 
ORGANIZATIONS
AND
PERSONS
DE-
SCRIBED.—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 for-
eign 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.—Noth-
ing in this section shall be construed to apply with 
respect to activities undertaken by the military 
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forces of a country in the exercise of their official 
duties. 
‘‘(b) JURISDICTION.—Conduct prohibited by sub-
section (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, mate-
rial, 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 fi-
nancial 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 financ-
ing in furtherance of the offense; or 
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‘‘(5) an offender aids or abets any person over 
whom jurisdiction exists under this subsection in 
committing an offense under this section or con-
spires 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, de-
vice, 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 pun-
ished by imprisonment for life. 
‘‘(d) DEFINITIONS.—For purposes of this section— 
‘‘(1) an institution or person is under the ‘con-
trol’ 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); 
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‘‘(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 incor-
porated 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 main-
tenance of a uranium enrichment or nuclear fuel re-
processing facility, a facility for the production of 
heavy water, or detonators, charges, or other compo-
nents necessary to ignite or facilitate the detonation 
of a weapon, device, or object described in subpara-
graph (A) or (B) of subsection (a)(1); and 
‘‘(B) the terms ‘production facility’ and ‘utiliza-
tion 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 sec-
tions 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.’’. 
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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 tech-
nology, 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 tech-
nology, 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. 
Æ 
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