(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 thou-
sands more. A significant portion of the city would 
probably become permanently uninhabitable, with lit-
tle chance of a successful cleanup. 
(2) Making such a weapon would not be dif-
ficult, 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 trea-
ties is the Treaty on the Non-Proliferation of Nu-
clear Weapons, which restricts almost all of the 188 
nations that are signatories from developing nuclear 
weapons. As part of their obligation under the Trea-
ty on the Non-Proliferation of Nuclear Weapons, 
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153 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 Coun-
cil 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 meas-
ures 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 Coun-
cil 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 accord-
ance with their national procedures, shall adopt 
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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 ter-
rorist 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 do-
mestic controls to prevent the proliferation of 
nuclear, chemical, or biological weapons and 
their means of delivery, including by estab-
lishing appropriate controls over related mate-
rials and to this end shall: . . . 
‘‘(d) Establish, develop, review and 
maintain appropriate effective national ex-
port and trans-shipment controls over such 
items, including appropriate laws and reg-
ulations 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 fi-
nancing, and transporting that would con-
tribute to proliferation, as well as estab-
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lishing end-user controls; and establishing 
and enforcing appropriate criminal or civil 
penalties for violations of such export con-
trol laws and regulations;’’. 
(9) Resolution 1540 reflects the general under-
standing 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 dem-
onstrated 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 ma-
terials’’. 
(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 inter-
national community ‘‘should not wait for an act of 
nuclear terrorism before working together to collec-
tively improve our nuclear security culture, share 
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our best practices, and raise our standards for nu-
clear 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 de-
vice, 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 fol-
lowing new section: 
‘‘§ 2332i. Transfer of nuclear weapons, devices, mate-
rial, 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 in-
tended to release radiation or radioactivity at a 
level dangerous to human life, or that uses a 
nuclear reaction in order to create an explosion; 
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