IV 
111TH CONGRESS 
1ST SESSION 
H. RES. 402 
Condemning the transport of nuclear mixed-oxide (MOX) material by ship 
from France to Japan through international waters which endangers 
the marine environment and increases possible risks for destruction and 
likely attacks of such shipments by international pirates and terrorists. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 5, 2009 
Mr. FALEOMAVAEGA (for himself and Mr. SMITH of New Jersey) submitted 
the following resolution; which was referred to the Committee on Foreign 
Affairs 
RESOLUTION 
Condemning the transport of nuclear mixed-oxide (MOX) 
material by ship from France to Japan through inter-
national waters which endangers the marine environment 
and increases possible risks for destruction and likely 
attacks of such shipments by international pirates and 
terrorists. 
Whereas two ships, the Pacific Pintail and the Pacific Heron, 
on March 6, 2009, departed France bound for Japan 
containing about 1.8 metric tons of plutonium contained 
in mixed-oxide (MOX) fuel; 
Whereas the ships are taking a route via Cape Good Hope 
and the South West Pacific, passing Australia, New Zea-
land, and several Pacific Islands; 
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•HRES 402 IH 
Whereas MOX is a type of nuclear material as defined by the 
Convention on Physical Protection of Nuclear Material of 
May 1980, and any international shipment therefore re-
quires safety measures in accordance with this conven-
tion; 
Whereas MOX is classified as Category 1 material by the 
International Atomic Energy Agency (IAEA), and the 
material therefore must be transported under the most 
stringent security measures; 
Whereas this amount of MOX is estimated to be enough to 
produce 255 nuclear weapons; 
Whereas reprocessing of nuclear material into MOX is not 
taking place in the United States for nonproliferation 
reasons; 
Whereas European-Japanese cooperation of reprocessing nu-
clear material requires the transport of MOX using inter-
national waters; 
Whereas the transport of nuclear MOX materials by ship 
poses a great threat to global security and the environ-
ment, the current safety measures are inadequate, and 
the risk of nuclear proliferation is imminent; 
Whereas the exposure to the human body from MOX, con-
taining plutonium and other radioactive compounds, may 
have grave consequences, including cancer, birth defects, 
deformities, and damage to the immune system; 
Whereas the transport is a possible target for terrorist orga-
nizations and there is a significant risk of attacks from 
pirates and therefore diversion of the material; 
Whereas the en route countries have not been notified before-
hand; 
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•HRES 402 IH 
Whereas all rights of citizens of en route countries must be 
respected and the environment of en route countries must 
be protected; 
Whereas the South Pacific is declared a nuclear weapon free 
zone by the South Pacific Nuclear Free Zone Treaty of 
August 1985, signed by the United States, the United 
Kingdom, France, China, and Russia; 
Whereas the international shipment of nuclear material re-
quires safety measures in accordance with the Nuclear 
Nonproliferation Treaty of July 1968, a treaty which has 
been signed by all permanent members of the United Na-
tions Security Council and 186 other countries; 
Whereas the Nuclear Nonproliferation Treaty obligates such 
parties to accept safeguards to detect diversions of nu-
clear material from peaceful activities, such as power 
generation, to the production of nuclear weapons or other 
nuclear explosive devices; and 
Whereas the Convention for Suppression of Acts of Nuclear 
Terrorism of April 2005 states that parties of the treaty 
shall make every effort to adopt appropriate measures to 
ensure the protection of nuclear material, taking into ac-
count relevant recommendations and functions of the 
International Atomic Energy Agency: Now, therefore, be 
it 
Resolved, That the House of Representatives— 
(1) condemns the transport of nuclear mixed- 
oxide (MOX) materials by ship in international wa-
ters; 
(2) encourages the international community to 
strengthen procedures for the shipment of especially 
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•HRES 402 IH 
nuclear MOX material, thus including actions to no-
tify en route states; 
(3) encourages the International Atomic Energy 
Agency and the United Nations to prohibit the ship-
ment or transfer of any nuclear waste material 
through international waters; and 
(4) requests that countries using nuclear power 
plants for producing electricity and related commu-
nity needs should store and reprocess the nuclear 
waste within their own territorial boundaries so as 
not to pose grave danger to the environment and to 
other countries. 
Æ 
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