I 

109TH CONGRESS 

2D SESSION H. R. 5430 

To establish sound criteria for civilian nuclear cooperation with certain 

countries. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 19, 2006 

Mr. BERMAN introduced the following bill; which was referred to the Committee on International Relations, and in addition to the Committee on 

Rules, 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 establish sound criteria for civilian nuclear cooperation 

with certain countries. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. AGREEMENTS FOR COOPERATION WITH 

4 STATES NOT PARTY TO THE TREATY ON THE 

5 NON-PROLIFERATION OF NUCLEAR WEAP6 ONS. 

7 (a) IN GENERAL.—Chapter 11 of title I of the Atomic 

8 Energy Act of 1954 (42 U.S.C. 2151 et seq.) is amended 

9 by inserting after section 123 the following new section: 


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1 ‘‘NUCLEAR COOPERATION WITH STATES NOT PARTY TO

2 THE TREATY ON THE NON-PROLIFERATION OF NU3 CLEAR WEAPONS

4 ‘‘SEC. 123A. a. REQUIREMENTS.—Cooperation may 

5 be undertaken under section 53, 54 a., 57, 64, 82, 103, 

6 or 104 with a state that is not a party to the Treaty on 

7 the Non-Proliferation of Nuclear Weapons as of January 

8 2002, if that state— 

9 ‘‘(1) has not carried out any nuclear weapon 

10 test explosion or any other nuclear explosion after 

11 May 1998, and is adhering to a unilateral morato12 rium on carrying out any such explosion, or has 

13 signed and is adhering to a multilateral treaty pro14 hibiting any such explosion; 

15 ‘‘(2) either— 

16 ‘‘(A) is adhering to a unilateral morato17 rium on the production of fissile material for 

18 nuclear weapons; 

19 ‘‘(B) is adhering to a multilateral morato20 rium on the production of fissile material for 

21 nuclear weapons; or 

22 ‘‘(C) has signed and is adhering to a mul23 tilateral treaty banning the production of fissile 

24 material for nuclear weapons; 


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1 ‘‘(3) has provided the United States and the 

2 International Atomic Energy Agency with a credible 

3 and comprehensive plan to separate all civil and 

4 military nuclear facilities, materials, and programs; 

5 ‘‘(4) has entered into and is implementing an 

6 agreement with the IAEA requiring the application 

7 of safeguards in perpetuity to civil nuclear facilities 

8 and associated nuclear materials as declared in the 

9 plan described in paragraph (3); 

10 ‘‘(5) has provided credible assurances, as part 

11 of the plan described in paragraph (3), that all fu12 ture nuclear reactors that generate electricity will be 

13 designated as civil and placed under IAEA safe14 guards in perpetuity; 

15 ‘‘(6) has signed and ratified, and is imple16 menting, an IAEA Additional Protocol; 

17 ‘‘(7) is playing an active and constructive role 

18 in addressing nuclear proliferation challenges posed 

19 by states of proliferation concern, preventing illicit 

20 nuclear transactions, and eliminating illicit nuclear 

21 commercial networks; 

22 ‘‘(8) has established, and is successfully imple23 menting, a national export control system capable of 

24 effectively controlling transfers of nuclear and nu25 clear-related material, equipment, technology, and 


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1 related data, including stringent rules and proce2 dures prohibiting unauthorized contacts and co3 operation by personnel with nuclear expertise; 

4 ‘‘(9) is adhering to the guidelines of the Nu5 clear Suppliers Group and the Missile Technology 

6 Control Regime; 

7 ‘‘(10) has committed not to export enrichment, 

8 reprocessing, or other sensitive fuel-cycle equipment 

9 or technology to states that do not possess such 

10 equipment or technology or to any nongovernmental 

11 entity; 

12 ‘‘(11) is applying stringent physical protection, 

13 control, and accountancy measures to all nuclear 

14 weapons, nuclear facilities, source material, and spe15 cial nuclear material in its territory; 

16 ‘‘(12) is in full compliance with any nuclear co17 operation agreement previously entered into with the 

18 United States and with any derivative obligations 

19 stemming from such agreement that continue to 

20 apply; 

21 ‘‘(13) is not engaged in illicit efforts to procure 

22 materials, equipment, or technology for a nuclear 

23 weapons program; 


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1 ‘‘(14) has a democratically-elected government 

2 that exerts effective control over the armed forces in 

3 its territory; and 

4 ‘‘(15) meets the requirements under paragraphs 

5 (1), (3), (4), (5), (6), (7), (8), and (9) of section 123 

6 a. 

7 ‘‘b. EXCLUSIONS.—No cooperation under this section 

8 may include the transfer of any enrichment or reprocess9 ing equipment or technology, heavy water, or the means 

10 to produce heavy water. 

11 ‘‘c. PROCEDURAL REQUIREMENTS.—Cooperation 

12 under this section shall become effective only if— 

13 ‘‘(1) the President certifies to the Congress that 

14 all the requirements set forth in subsection a. have 

15 been met; 

16 ‘‘(2) the President certifies to the Congress that 

17 the agreement between the state with which an 

18 agreement for cooperation has been entered into and 

19 the IAEA requiring the application of safeguards in 

20 perpetuity to civil nuclear facilities and associated 

21 nuclear materials conforms substantially to IAEA 

22 safeguards standards, principles, and practices; 

23 ‘‘(3) the President, after meeting the require24 ments under paragraphs (1)) and (2), submits the 

25 proposed agreement for cooperation to the Congress, 


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1 and, within a period of 60 days of continuous ses2 sion (as defined in section 130 g.) beginning on the 

3 date of the submission, the Congress adopts, and 

4 there is enacted, a joint resolution stating that the 

5 Congress does favor the agreement; and 

6 ‘‘(4) the President certifies to the Congress that 

7 the NSG has reached a consensus decision to allow 

8 NSG participating governments to transfer trigger 

9 list items and related technology for use in civil nu10 clear facilities to the state with which an agreement 

11 for cooperation has been entered into, and that such 

12 decision does not allow transfers of nuclear or nu13 clear-related material, equipment, or technology that 

14 is prohibited under United States law or the terms 

15 of the agreement for cooperation with that state. 

16 Any such proposed agreement for cooperation shall be con17 sidered pursuant to the procedures set forth in section 130 

18 i. for the consideration of Presidential submissions. 

19 ‘‘d. INAPPLICABILITY OF CERTAIN PROVISIONS.— 

20 ‘‘(1) PRIOR ACTIVITIES.—Section 129 shall not 

21 apply to a state with which an agreement for co22 operation is entered into under this section, with re23 spect to actions by that state before January 1, 

24 2006. 


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1 ‘‘(2) FUTURE ACTIVITIES.—Section 129(1)(D) 

2 shall not apply to a state with which an agreement 

3 for cooperation is entered into under this section, 

4 with respect to actions by that state after the enact5 ment of this section 

6 ‘‘e. CONDUCT RESULTING IN TERMINATION OF NU7 CLEAR EXPORTS.— 

8 ‘‘(1) IN GENERAL.—Nuclear or nuclear-related 

9 material, equipment, or technology may not be ex10 ported to a state with which an agreement for co11 operation has been entered into under this section if 

12 the President determines the state, or any person or 

13 entity under the jurisdiction of the state, has— 

14 ‘‘(A) materially violated the agreement for 

15 cooperation with the United States, 

16 ‘‘(B) terminated or abrogated IAEA safe17 guards that the state is required to maintain, 

18 ‘‘(C) materially violated an IAEA safe19 guards agreement, 

20 ‘‘(D) made any transfers of nuclear or nu21 clear-related material, equipment or technology 

22 that do not conform to NSG guidelines, 

23 ‘‘(E) made any transfers of ballistic mis24 siles or missile-related equipment or technology 

25 that does not conform to MTCR guidelines, 


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1 ‘‘(F) produced fissile material for nuclear 

2 weapons, 

3 ‘‘(G) carried out any nuclear weapon test 

4 explosion or any other nuclear explosion, or 

5 ‘‘(H) assisted, encouraged, or induced any 

6 non-nuclear weapon state to engage in activities 

7 involving source and special nuclear material 

8 and having direct significance for the manufac9 ture or acquisition of nuclear explosive devices, 

10 unless the President determines that cessation of 

11 such exports would be seriously prejudicial to the 

12 achievement of United States non-proliferation ob13 jectives or otherwise jeopardize the common defense 

14 and security. 

15 ‘‘(2) CONGRESSIONAL REVIEW.— 

16 ‘‘(A) IN GENERAL.—A determination of 

17 the President under paragraph (1) regarding 

18 cessation of exports being seriously prejudicial 

19 shall become effective only if— 

20 ‘‘(i) the President submits the deter21 mination, together with a report containing 

22 the reasons for the determination, to the 

23 Congress; and 

24 ‘‘(ii) during the period of 60 days of 

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1 section 130 g.) after the submission of the 

2 determination under clause (i), there is en3 acted a joint resolution stating in sub4 stance that the Congress does favor the de5 termination. 

6 ‘‘(B) PROCEDURES.—Any determination of 

7 the President submitted to the Congress under 

8 subparagraph (A)— 

9 ‘‘(i) shall be referred to the Com10 mittee on International Relations of the 

11 House of Representatives and the Com12 mittee on Foreign Relations of the Senate; 

13 and 

14 ‘‘(ii) shall be considered pursuant to 

15 the procedures set forth in section 130 for 

16 the consideration of Presidential submis17 sions, except that the reference in sub18 section f. of that section to a concurrent 

19 resolution shall be deemed to refer to a 

20 joint resolution. 

21 ‘‘f. ANNUAL REPORT.—For each state that has en22 tered into an agreement for cooperation under this section, 

23 the President shall submit to the Congress, not later than 

24 1 year after such agreement has been entered into, and 

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1 dent’s assessment of that state with respect to the matters 

2 addressed in subparagraphs (A) through (H) of subsection 

3 e.(1). 

4 ‘‘g. DEFINITIONS.—In this section: 

5 ‘‘(1) IAEA.—The term ‘IAEA’ means the 

6 International Atomic Energy Agency. 

7 ‘‘(2) MTCR.—The term ‘MTCR’ means the 

8 Missile Technology Control Regime. 

9 ‘‘(3) NSG.—The term ‘NSG’ means the Nu10 clear Suppliers Group.’’. 

11 (b) CONFORMING AMENDMENT.—Section 130 of the 

12 Atomic Energy Act of 1954 (42 U.S.C. 2159) is amend13 ed— 

14 (1) in subsection a., by striking ‘‘subsection 126 

15 a. (2)’’ and inserting ‘‘section 123A e. (2), 126 a. 

16 (2)’’; and 

17 (2) in subsection i. (2), by inserting ‘‘or 123A 

18 d.’’ after ‘‘123 d.’’. 

Æ 


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