I 
110TH CONGRESS 
1ST SESSION H. R. 2254 
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 
MAY 9, 2007 
Mr. SCHIFF (for himself, Mr. THORNBERRY, and Mr. COHEN) 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 subse-
quently 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 tech-
nology to terrorists as a crime against humanity. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Ending Nuclear Traf-
ficking Act’’. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
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(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 under water. 
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’’. 
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.— 
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