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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
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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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