[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5411 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 5411

   To amend the the Atomic Energy Act of 1954 to restrict exports of 
                nuclear related materials and equipment.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 19, 2004

  Mr. Markey introduced the following bill; which was referred to the 
                  Committee on International Relations

_______________________________________________________________________

                                 A BILL


 
   To amend the the Atomic Energy Act of 1954 to restrict exports of 
                nuclear related materials and equipment.

    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 ``Iran Nuclear Proliferation 
Prevention Act''.

SEC. 2. PROHIBITION ON NUCLEAR TRADE WITH IRAN.

    (a) In General.--Chapter 11 of the Atomic Energy Act of 1954 is 
amended by adding at the end the following new section:

``SEC. 135. PROHIBITION ON NUCLEAR TRADE WITH IRAN'S NUCLEAR SUPPLIERS.

    ``(a) Prohibitions.--Notwithstanding any other provision of this 
Act, any international arrangement or any agreement for cooperation 
made pursuant to this Act, or any other provision of law, no license, 
approval, or authorization for the export or reexport, or transfer, or 
retransfer, whether directly or indirectly, of any--
            ``(1) special nuclear material,
            ``(2) source material,
            ``(3) byproduct material,
            ``(4) production facility,
            ``(5) utilization facility,
            ``(6) items or components which are designed or intended to 
        be used in a production or utilization facility, or with 
        respect to which there is a risk of diversion for use in such a 
        facility,
            ``(7) items or components which are designed or intended 
        for use in the construction of a production or utilization 
        facility,
            ``(8) items and assistance requiring any authorization, 
        licensing, or other approval pursuant to this Act, or
            ``(9) any nuclear-related items on the Commerce Control 
        List maintained under part 774 of title 15, Code of Federal 
        Regulations (or any successor to such list),
may be made to any country that the President determines has, since 
January 1, 2004, provided to the Islamic Republic of Iran any special 
nuclear material, source material, byproduct material, production 
facility, utilization facility, or items, components, or technologies 
which are or can be used in a production or utilization facility or in 
(or to develop, test, or manufacture) a nuclear explosive device.
    ``(b) Exceptions.--Subsection (a) shall not apply to exports, 
reexports, transfers, or retransfers of radiation monitoring 
technologies, surveillance equipment, seals, cameras, tamper-indication 
devices, nuclear detectors, monitoring systems, or equipment necessary 
to safely store, transport, or remove hazardous materials, whether such 
items, services, or information are regulated by the Department of 
Energy, the Department of Commerce, or the Nuclear Regulatory 
Commission, except to the extent that such technologies, equipment, 
seals, cameras, devices, detectors, or systems are available for use in 
the design or construction of nuclear reactors or nuclear weapons.
    ``(c) Waivers.--The President may waive the application of 
subsection (a) to a country if the President determines and certifies 
to the Congress that the waiver will not result in any increased risk 
that the Islamic Republic of Iran will acquire nuclear weapons, nuclear 
reactors, or any materials or components of nuclear weapons and that--
            ``(1) the government of such country has not, within the 
        preceding 12-month period, provided any material support to the 
        Islamic Republic of Iran in acquiring nuclear materials, 
        nuclear reactors, or any technology or component which is or 
        could be used to manufacture a nuclear explosive device;
            ``(2) in the judgment of the President, the government of 
        such country has provided adequate, verifiable assurances that 
        it will cease all further exports or transfers of nuclear-
        weapons-usable technology or material, and has put in place and 
        enforced effective export controls on transfers or exports of 
        such technology or material by nongovernmental entities;
            ``(3) the waiver is in the vital national security interest 
        of the United States; or
            ``(4) the waiver is essential to prevent or respond to a 
        serious radiological hazard in the country receiving the waiver 
        that may or does threaten public health and safety.
    ``(d) Cooperative Threat Reduction Programs.--This section shall 
not apply to any license, approval, or authorization which the 
President determines is necessary to implement Cooperative Threat 
Reduction Programs. For purposes of this subsection, Cooperative Threat 
Reduction Programs are the programs specified in section 1501(b) of the 
National Defense Authorization Act for Fiscal Year 1997 (Public Law 
104-201; 110 Stat. 2731; 50 U.S.C. 2362 note).
    ``(e) Application.--This section shall apply with respect to any 
license, approval, or authorization described in subsection (a) which 
is made, or required to be made, on or after the date of the enactment 
of this section.''.
    (b) Conforming Amendment.--The table of contents of the Atomic 
Energy Act of 1954 is amended by inserting after the item relating to 
section 134 the following new item:

``Sec. 135. Prohibition on nuclear trade with Iran's nuclear 
                            suppliers.''.

SEC. 3. REPORT TO CONGRESS.

    Not later than 6 months after the date of the enactment of this 
Act, the President shall submit a report to the Congress containing the 
following information:
            (1) A complete list of missile and nuclear materials and 
        technology provided to Iran by any entity in the People's 
        Republic of China, including the Chinese Government, or by the 
        government of, or any other entity in, any other country.
            (2) An estimate and assessment of the current status of 
        efforts by Iran to acquire nuclear explosives and their 
        delivery vehicles.
            (3) An assessment of the extent to which the agreement 
        recently reached between the Islamic Republic of Iran and the 
        governments of Great Britain, France, and Germany could 
        effectively limit further efforts by Iran to acquire nuclear 
        explosives.
            (4) An evaluation of the basis for and credibility of 
        claims recently set forth by an Iranian resistance group that 
        Iran may be enriching uranium at a secret facility unknown to 
        United Nations weapons inspectors.
            (5) Whether the United States has provided United Nations 
        and International Atomic Energy Agency (IAEA) weapons 
        inspectors with full access to the intelligence that forms the 
        basis for any conclusion that Iran is actively pursuing a 
        nuclear weapons program.
            (6) The steps the United States is taking to ensure that 
        the United Nations and IAEA inspectors receive full access to 
        all suspected Iranian nuclear sites and that the United States 
        works together with the international community to ensure that 
        Iran provides such inspectors with full cooperation in their 
        efforts to verify that Iran has complied with its obligations 
        under the Treaty on the Non-Proliferation of Nuclear Weapons 
        and the agreement referred to in paragraph (3).
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