Nuclear Terrorism Prevention Act of 2006 - Expresses the sense of Congress with respect to recognition of the threat to the United States of nuclear terrorism, as well as appropriate steps to be taken to prevent such terrorism.
Amends the National Security Act of 1947 to establish a Senior Advisor to the President for the Prevention of Nuclear Terrorism.
Requires an annual report from the President to Congress on the security of formula quantities of strategic special nuclear material.
States as the policy of the United States that all possible steps be taken as rapidly as possible to ensure that all nuclear weapons and formula quantities of strategic special nuclear materials are secure and accounted for. Directs the President to seek an international agreement on a global standard that implements such policy.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6419 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 6419
To prevent nuclear terrorism, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 7, 2006
Mrs. Tauscher (for herself, Mr. Spratt, Mr. Berman, Mr. Meehan, and Mr.
Smith of Washington) introduced the following bill; which was referred
to the Committee on International Relations, and in addition to the
Select Committee on Intelligence (Permanent Select) and Armed Services,
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 prevent nuclear terrorism, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Terrorism Prevention Act of
2006''.
SEC. 2. DEFINITIONS.
In this Act:
(1) The term ``Convention on the Physical Protection of
Nuclear Material'' means the Convention on the Physical
Protection of Nuclear Material, signed at New York and Vienna
March 3, 1980.
(2) The term ``design-basis threat'' means a profile of the
type, composition, and capabilities of an adversary.
(3) The term ``formula quantities of strategic special
nuclear material'' means uranium-235 (contained in uranium
enriched to 20 percent or more in the U-235 isotope), uranium-
233, or plutonium in any combination in a total quantity of
5,000 grams or more computed by the formula, grams = (grams
contained U-235) + 2.5 (grams U-233 + grams plutonium), as set
forth in the definitions of ``formula quantities'' and
``strategic special nuclear material'' in section 73.2 of title
10, Code of Federal Regulations.
(4) The term ``Nuclear Non-Proliferation Treaty'' means the
Treaty on the Non-Proliferation of Nuclear Weapons, done at
Washington, London, and Moscow July 1, 1968, and entered into
force March 5, 1970 (21 UST 483).
(5) The term ``nuclear weapon'' means any device utilizing
atomic energy, exclusive of the means for transporting or
propelling the device (where such means is a separable and
divisible part of the device), the principal purpose of which
is for use as, or for the development of, a weapon, a weapon
prototype, or a weapon test device.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) The possibility that terrorists may acquire and use a
nuclear weapon against the United States is an urgent threat to
the security of our nation and the world.
(2) Existing programs intended to secure, monitor, and
reduce nuclear stockpiles, redirect nuclear scientists, and
interdict nuclear smuggling have made substantial progress, but
additional efforts are needed to reduce the threat of nuclear
terrorism as much as possible.
(3) The September 2006 ``National Strategy for Combating
Terrorism'' issued by the White House states, ``Weapons of mass
destruction in the hands of terrorists is one of the gravest
threats we face.''
(4) United Nations Secretary-General Kofi Annan has said
that a nuclear terror attack ``would not only cause widespread
death and destruction, but would stagger the world economy and
thrust tens of millions of people into dire poverty''.
(5) United Nations Security Council Resolution 1540 (2004)
reaffirms the need to combat by all means, in accordance with
the Charter of the United Nations, threats to international
peace and security caused by terrorist acts and directs that
all countries, in accordance with their national procedures,
shall adopt and enforce effective laws that prohibit any non-
state actor from manufacturing, acquiring, possessing,
developing, transporting, transferring, or using nuclear,
chemical, or biological weapons and their means of delivery, in
particular for terrorist purposes, and to prohibit attempts to
engage in any of the foregoing activities, participate in them
as an accomplice, or assist or finance them.
(6) The Director General of the International Atomic Energy
Agency, Dr. Mohammed El Baradei, has said that it is a ``race
against time'' to prevent a terrorist attack using a nuclear
weapon.
SEC. 4. SENSE OF CONGRESS ON THE PREVENTION OF NUCLEAR TERRORISM.
It is the sense of Congress that--
(1) the threat of nuclear terror is the most horrific
threat the United States faces;
(2) the United States must take a comprehensive approach to
reducing this danger, including additional efforts to identify
and eliminate terrorist groups that aim to acquire nuclear
weapons, to ensure that nuclear weapons and formula quantities
of strategic special nuclear material around the world are
secure and accounted for to a degree sufficient to defeat the
threat that terrorists and criminals have shown they can pose,
and to increase the ability to find and stop terrorist efforts
to manufacture nuclear explosives or to transport nuclear
explosives and materials anywhere in the world;
(3) within such a comprehensive strategy, a high priority
must be placed on ensuring that all nuclear weapons and formula
quantities of strategic special nuclear material worldwide are
secure and accounted for;
(4) the President should make the prevention of a nuclear
terrorist attack on the United States of the highest priority;
(5) the President should accelerate programs, requesting
additional funding as appropriate, to prevent nuclear
terrorism, including combating nuclear smuggling and securing
formula quantities of strategic special nuclear material
wherever they may be;
(6) the International Atomic Energy Agency plays a vital
role in coordinating international efforts to protect nuclear
materials and combat nuclear smuggling and should be funded
appropriately to fulfill that role; and
(7) legislation sponsored by Senator Richard Lugar, Senator
Pete Domenici, and former Senator Sam Nunn has resulted in
groundbreaking programs to ensure that nuclear weapons do not
fall into the hands of terrorists.
SEC. 5. SENIOR ADVISOR TO THE PRESIDENT FOR THE PREVENTION OF NUCLEAR
TERRORISM.
(a) In General.--Title I of the National Security Act of 1947 (50
U.S.C. 402 et seq.) is amended by inserting after section 101A the
following new section:
``senior advisor to the president for the prevention of nuclear
terrorism
``Sec. 101B. (a) In General.--There is a Senior Advisor to the
President for the Prevention of Nuclear Terrorism, who shall be
appointed by the President by and with the advice and consent of the
Senate.
``(b) Duties.--The Senior Advisor to the President shall--
``(1) advise the President on all matters relating to
nuclear terrorism;
``(2) formulate United States policies for preventing
nuclear terrorism, including by--
``(A) developing plans, including measurable
milestones and targets to which departments and
agencies can be held accountable, to better prevent
nuclear terrorism;
``(B) finding and fixing gaps, duplication, and
inefficiencies in existing programs and taking other
steps to overcome obstacles to accelerated progress to
prevent nuclear terrorism;
``(C) overseeing the development, by the relevant
Federal departments and agencies, of accelerated and
strengthened program implementation strategies and
diplomatic strategies;
``(D) overseeing the development of budget requests
for these programs and ensuring that they adequately
reflect the priority of the problem; and
``(E) identifying such new initiatives as may be
needed; and
``(3) coordinate United States efforts to implement such
policies.
``(c) Staff.--The Senior Advisor to the President may appoint and
terminate such personnel as may be necessary to enable the Senior
Advisor to perform his or her duties.''.
(b) Senior Advisor as Member of National Security Council.--Section
101(a) of such Act (50 U.S.C. 402(a)) is amended--
(1) in paragraph (6), by striking ``and'';
(2) by redesignating paragraph (7) as paragraph (8); and
(3) by inserting after paragraph (6) the following new
paragraph:
``(7) the Senior Advisor to the President for the
Prevention of Nuclear Terrorism; and''.
(c) Clerical Amendment.--The table of contents in the first section
of such Act is amended by inserting after the item relating to section
101A the following new item:
``Sec. 101B. Senior Advisor to the President for the Prevention of
Nuclear Terrorism.''.
SEC. 6. ANNUAL REPORT.
(a) In General.--Not later than September 1 of each year, the
President, in consultation with the Senior Advisor to the President for
the Prevention of Nuclear Terrorism, shall submit to Congress a report
on the security of formula quantities of strategic special nuclear
material.
(b) Content.--The report required under subsection (a) shall
include the following:
(1) A section on the program for the removal and security
of nuclear weapons, formula quantities of strategic special
nuclear materials, and radiological materials established under
section 3132(b) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (50 U.S.C. 2569(b))
including--
(A) a survey by the Senior Advisor to the President
of the facilities and sites worldwide that contain
nuclear weapons, formula quantities of strategic
special nuclear material, radiological materials, or
related equipment;
(B) a list of sites determined by the Senior
Advisor to the President to be of the highest priority,
taking into account risk of theft from such sites, for
removal or security of proliferation-attractive fissile
materials, nuclear weapons, formula quantities of
strategic special nuclear material, radiological
materials, or related equipment, organized by level of
priority;
(C) a plan, including technical, diplomatic, and
other means for the securing or removal of nuclear
weapons, formula quantities of strategic special
nuclear material, radiological materials, and related
equipment at vulnerable facilities and sites worldwide,
including measurable milestones, metrics, and estimated
costs for the implementation of the plan; and
(D) a description of the efforts of the governments
of such countries to secure such material.
(2) A section on efforts to establish and implement the
security standard and related policies described under section
7.
(c) Form.--The report may be submitted in classified form but shall
include a detailed unclassified summary.
SEC. 7. MINIMUM SECURITY STANDARD FOR NUCLEAR WEAPONS AND FORMULA
QUANTITIES OF STRATEGIC SPECIAL NUCLEAR MATERIALS.
(a) Policy.--It is the policy of the United States to take all
possible steps to ensure, as rapidly as possible, that all nuclear
weapons and formula quantities of strategic special nuclear materials
are secure and accounted for.
(b) International Nuclear Security Standard.--In furtherance of the
policy described in subsection (a), and consistent with the requirement
for ``appropriate effective'' physical protection contained in United
Nations Security Council Resolution 1540 (2004), as well as the Nuclear
Non-Proliferation Treaty and the Convention on the Physical Protection
of Nuclear Material, the President, acting through the Senior Advisor
to the President for the Prevention of Nuclear Terrorism, shall seek
the broadest possible international agreement on a global standard for
nuclear security that--
(1) ensures that nuclear weapons and formula quantities of
strategic special nuclear material are effectively protected
against the threats posed by terrorists and criminals;
(2) takes into account the limitations of equipment and
human performance; and
(3) is verifiable, providing confidence that the needed
measures have in fact been implemented.
(c) International Efforts.--In furtherance of the policy described
in subsection (a), the President, acting through the Senior Advisor to
the President for the Prevention of Nuclear Terrorism, shall--
(1) work with other countries and the International Atomic
Energy Agency to assist, and if necessary convince, the
governments all countries where nuclear weapons or formula
quantities of strategic special nuclear material exist to
ensure that security is upgraded to meet the standard described
in subsection (b) as rapidly as possible and in such a manner
that these measures are sustained after United States and other
international assistance ends;
(2) ensure that United States financial and technical
assistance is available to countries where the provision of
such assistance would accelerate the implementation of, or
improve the effectiveness of, such security upgrades; and
(3) seek to work with the governments of other countries to
ensure that effective nuclear security rules, accompanied by
effective regulation and enforcement, are put in place
concerning all nuclear weapons and formula quantities of
strategic special nuclear materials worldwide, including the
implementation of a regulatory design-basis threat (DBT) model
in countries with nuclear weapons or formula quantities of
strategic special nuclear materials that is designed to defeat
the threats posed by terrorists and criminals.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary of Energy
for fiscal year 2008, $50,000,000--
(1) to increase international participation in efforts to
convert nuclear facilities that operate using highly enriched
uranium to operation using low enriched uranium; and
(2) to remove highly enriched uranium from such facilities.
<all>
Introduced in House
Introduced in House
Referred to the Committee on International Relations, and in addition to the Committees on Intelligence (Permanent Select), and Armed Services, 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.
Referred to the Committee on International Relations, and in addition to the Committees on Intelligence (Permanent Select), and Armed Services, 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.
Referred to the Committee on International Relations, and in addition to the Committees on Intelligence (Permanent Select), and Armed Services, 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.
Referred to the Committee on International Relations, and in addition to the Committees on Intelligence (Permanent Select), and Armed Services, 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.
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