II 

Calendar No. 527 

109TH CONGRESS 

2D SESSION S. 3709 

[Report No. 109–288] 

To exempt from certain requirements of the Atomic Energy Act of 1954 

United States exports of nuclear materials, equipment, and technology 

to India, and to implement the United States Additional Protocol. 

IN THE SENATE OF THE UNITED STATES 

JULY 20, 2006 

Mr. LUGAR, from the Committee on Foreign Relations, reported the following 

original bill; which was read twice and placed on the calendar 

A BILL 

To exempt from certain requirements of the Atomic Energy 

Act of 1954 United States exports of nuclear materials, 

equipment, and technology to India, and to implement 

the United States Additional Protocol. 

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


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1 TITLE I—UNITED STATES-INDIA 

2 PEACEFUL ATOMIC ENERGY 

3 COOPERATION 

4 SECTION 101. SHORT TITLE. 

5 This title may be cited as the ‘‘United States-India 

6 Peaceful Atomic Energy Cooperation Act’’. 

7 SEC. 102. SENSE OF CONGRESS. 

8 It is the sense of Congress that— 

9 (1) strong bilateral relations with India are in 

10 the national interest of the United States; 

11 (2) the United States and India share common 

12 democratic values and the potential for increasing 

13 and sustained economic engagement; 

14 (3) commerce in civil nuclear energy with India 

15 by the United States and other countries has the po16 tential to benefit the people of all countries; 

17 (4) such commerce also represents a significant 

18 change in United States policy regarding commerce 

19 with countries not parties to the Nuclear Non-Pro20 liferation Treaty, which remains the foundation of 

21 the international non-proliferation regime; 

22 (5) any commerce in civil nuclear energy with 

23 India by the United States and other countries must 

24 be achieved in a manner that minimizes the risk of 

25 nuclear proliferation or regional arms races and 


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1 maximizes India’s adherence to international non2 proliferation regimes, including, in particular, the 

3 Guidelines of the Nuclear Suppliers Group (NSG); 

4 and 

5 (6) the United States should not seek to facili6 tate or encourage the continuation of nuclear ex7 ports to India by any other party if such exports are 

8 terminated under United States law. 

9 SEC. 103. DECLARATION OF POLICY CONCERNING UNITED 

10 STATES-INDIA PEACEFUL ATOMIC ENERGY 

11 COOPERATION. 

12 It shall be the policy of the United States with respect 

13 to any peaceful atomic energy cooperation between the 

14 United States and India— 

15 (1) to achieve as quickly as possible a cessation 

16 of the production by India and Pakistan of fissile 

17 materials for nuclear weapons and other nuclear ex18 plosive devices; 

19 (2) to achieve as quickly as possible the Govern20 ment of India’s adherence to, and cooperation in, the 

21 full range of international non-proliferation regimes 

22 and activities, including India’s— 

23 (A) full participation in the Proliferation 

24 Security Initiative; 


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1 (B) formal commitment to the Statement 

2 of Interdiction Principles; 

3 (C) public announcement of its decision to 

4 conform its export control laws, regulations, 

5 and policies with the Australia Group and with 

6 the Guidelines, Procedures, Criteria, and Con7 trols List of the Wassenaar Arrangement; and 

8 (D) demonstration of satisfactory progress 

9 toward implementing the decision described in 

10 subparagraph (C); 

11 (3) to ensure that India remains in full compli12 ance with its non-proliferation, arms control, and 

13 disarmament agreements, obligations, and commit14 ments; 

15 (4) to ensure that any safeguards agreement or 

16 Additional Protocol thereto to which India is a party 

17 with the International Atomic Energy Agency 

18 (IAEA) can reliably safeguard any export or reex19 port to India of any nuclear materials and equip20 ment; 

21 (5) to meet the requirements set forth in sub22 sections a.(1) and a.(3)–a.(9) of section 123 of the 

23 Atomic Energy Act of 1954 (42 U.S.C. 2153); 

24 (6) to act in a manner fully consistent with the 

25 Guidelines for Nuclear Transfers and the Guidelines 


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1 for Transfers of Nuclear-Related Dual-Use Equip2 ment, Materials, Software and Related Technology 

3 developed by the multilateral Nuclear Suppliers 

4 Group and the rules and practices regarding NSG 

5 decision-making; 

6 (7) given the special sensitivity of equipment 

7 and technologies related to the enrichment of ura8 nium, the reprocessing of spent nuclear fuel, and the 

9 production of heavy water, to work with members of 

10 the Nuclear Suppliers Group, individually and collec11 tively, to further restrict the transfers of such equip12 ment and technologies, including to India; 

13 (8) to maintain the fullest possible international 

14 support for, adherence to, and compliance with the 

15 Nuclear Non-Proliferation Treaty; and 

16 (9) that exports of nuclear fuel to India should 

17 not contribute to, or in any way encourage, increases 

18 in the production by India of fissile material for 

19 non-civilian purposes. 

20 SEC. 104. WAIVERS FOR COOPERATION WITH INDIA. 

21 (a) WAIVER AUTHORITY.—If the President submits 

22 a determination under section 105 to the appropriate con23 gressional committees, the President may— 

24 (1) subject to subsection (b), exempt a proposed 

25 agreement for cooperation with India arranged purVerDate Aug 31 2005 02:16 Jul 25, 2006 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3709.PCS S3709

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1 suant to section 123 of the Atomic Energy Act of 

2 1954 (42 U.S.C. 2153) from the requirement of sub3 section a.(2) of such section; 

4 (2) waive the application of section 128 of the 

5 Atomic Energy Act of 1954 (42 U.S.C. 2157) with 

6 respect to exports to India; and 

7 (3) waive the application of any sanction with 

8 respect to India under— 

9 (A) section 129 a.(1)(D) of the Atomic En10 ergy Act of 1954 (42 U.S.C. 2158(a)(1)(D)); 

11 and 

12 (B) section 129 of such Act (42 U.S.C. 

13 2158) regarding any actions that occurred be14 fore July 18, 2005. 

15 (b) JOINT RESOLUTION OF APPROVAL REQUIRE16 MENT.—An agreement for cooperation exempted by the 

17 President pursuant to subsection (a)(1) shall be subject 

18 to the second proviso in subsection d. of section 123 of 

19 the Atomic Energy Act of 1954 (42 U.S.C. 2153(d)) ap20 plicable to agreements exempted by the President pursu21 ant to subsection (a) of such section. 


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1 SEC. 105. DETERMINATION REGARDING UNITED STATES2 INDIA PEACEFUL ATOMIC ENERGY COOPERA3 TION. 

4 The determination referred to in section 104 is a 

5 written determination by the President, which shall be ac6 companied by a report to the appropriate congressional 

7 committees, that— 

8 (1) India has provided to the IAEA and the 

9 United States a credible plan to separate its civil nu10 clear facilities, materials, and programs from its 

11 military facilities, materials, and programs; 

12 (2) India has filed a complete declaration re13 garding its civil nuclear facilities and materials with 

14 the IAEA; 

15 (3) an agreement between India and the IAEA 

16 requiring the application of safeguards in perpetuity 

17 in accordance with IAEA standards, principles, and 

18 practices to civil nuclear facilities, programs, and 

19 materials described in paragraph (2) has entered 

20 into force and the text of such agreement has been 

21 made available to the appropriate congressional com22 mittees; 

23 (4) India and the IAEA are making substantial 

24 progress toward implementing an Additional Pro25 tocol; 


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1 (5) India is working with the United States to 

2 conclude a multilateral treaty on the cessation of the 

3 production of fissile materials for use in nuclear 

4 weapons or other nuclear explosive devices; 

5 (6) India is supporting international efforts to 

6 prevent the spread of enrichment and reprocessing 

7 technology to any state that does not already possess 

8 full-scale, functioning enrichment or reprocessing 

9 plants; 

10 (7) India has secured nuclear and other sen11 sitive materials and technology through the applica12 tion of comprehensive export control legislation and 

13 regulations, including through effective enforcement 

14 actions, and through harmonization of its control 

15 lists with, and adherence to, the guidelines of the 

16 Missile Technology Control Regime and the Nuclear 

17 Suppliers Group; and 

18 (8) the Nuclear Suppliers Group has decided to 

19 permit civil nuclear commerce with India pursuant 

20 to a decision taken by the Nuclear Suppliers Group 

21 that— 

22 (A) was made by consensus; and 

23 (B) does not permit nuclear commerce 

24 with any non-nuclear weapon state other than 

25 India that does not have IAEA safeguards on 


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1 all nuclear materials and all peaceful nuclear 

2 activities within the territory of such state, 

3 under its jurisdiction, or carried out under its 

4 control anywhere. 

5 SEC. 106. PROHIBITION ON CERTAIN EXPORTS AND REEX6 PORTS. 

7 (a) SENSE OF CONGRESS ON LICENSING POLICY.— 

8 It is the sense of Congress that it is in the interest of 

9 the United States to permit the timely consideration of 

10 applications for the export and reexport to India of any 

11 nuclear materials and sensitive technology requiring au12 thorizations pursuant to parts 110 and 810 of title 10, 

13 Code of Federal Regulations, to the extent that such ex14 ports and reexports are consistent with United States 

15 laws, regulations, and policies in effect at the time such 

16 export or reexport applications are to be considered. 

17 (b) PROHIBITION.— 

18 (1) IN GENERAL.— 

19 (A) NUCLEAR REGULATORY COMMIS20 SION.—Except as provided in paragraph (2), 

21 the Nuclear Regulatory Commission may not 

22 authorize pursuant to part 110 of title 10, Code 

23 of Federal Regulations, licenses for the export 

24 or reexport to India of any equipment, mate25 rials, or technology related to the enrichment of 


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1 uranium, the reprocessing of spent nuclear fuel, 

2 or the production of heavy water. 

3 (B) SECRETARY OF ENERGY.—Except as 

4 provided in paragraph (2), the Secretary of En5 ergy may not authorize pursuant to part 810 of 

6 title 10, Code of Federal Regulations, licenses 

7 for the export or reexport to India of any equip8 ment, materials, or technology related to the 

9 enrichment of uranium, the reprocessing of 

10 spent nuclear fuel, or the production of heavy 

11 water. 

12 (2) EXCEPTIONS.—Exports or reexports other13 wise prohibited under paragraph (1) may be ap14 proved if— 

15 (A) the end user— 

16 (i) is a multinational facility partici17 pating in an IAEA-approved program to 

18 provide alternatives to national fuel cycle 

19 capabilities; or 

20 (ii) is a facility participating in, and 

21 the export or reexport is associated with, a 

22 bilateral or multinational program to de23 velop a proliferation-resistant fuel cycle; 

24 and 


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1 (B) the President determines that the ex2 port or reexport will not improve India’s ability 

3 to produce nuclear weapons or fissile material 

4 for military uses. 

5 SEC. 107. END-USE MONITORING PROGRAM. 

6 (a) IN GENERAL.—The President shall ensure that 

7 all appropriate measures are taken to maintain account8 ability with respect to nuclear materials, equipment, and 

9 technology sold, leased, exported, or reexported to India 

10 and to ensure United States compliance with Article I of 

11 the Nuclear Non-Proliferation Treaty. 

12 (b) MEASURES.—The measures taken pursuant to 

13 subsection (a) shall include the following: 

14 (1) Obtaining and implementing assurances and 

15 conditions pursuant to the export licensing authori16 ties of the Nuclear Regulatory Commission and the 

17 Department of Commerce and the authorizing au18 thorities of the Department of Energy, including, as 

19 appropriate, conditions regarding end-use moni20 toring. 

21 (2) A detailed system of reporting and account22 ing for technology transfers, including any retrans23 fers in India, authorized by the Department of En24 ergy pursuant to section 57 b. of the Atomic Energy 


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1 Act of 1954 (42 U.S.C. 2077(b)). Such system shall 

2 be capable of providing assurances that— 

3 (A) the identified recipients of the nuclear 

4 technology are authorized to receive the nuclear 

5 technology; 

6 (B) the nuclear technology identified for 

7 transfer will be used only for peaceful safe8 guarded nuclear activities and will not be used 

9 for any military or nuclear explosive purpose; 

10 and 

11 (C) the nuclear technology identified for 

12 transfer will not be retransferred without the 

13 prior consent of the United States, and facili14 ties, equipment, or materials derived through 

15 the use of transferred technology will not be 

16 transferred without the prior consent of the 

17 United States. 

18 (3) In the event the IAEA is unable to imple19 ment safeguards as required by an agreement be20 tween the United States and India arranged pursu21 ant to section 123 of the Atomic Energy Act of 

22 1954 (42 U.S.C. 2153), arrangements that conform 

23 with IAEA safeguards standards, principles, and 

24 practices that provide assurances equivalent to that 


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1 intended to be secured by the system they replace, 

2 including— 

3 (A) review in a timely fashion of the design 

4 of any equipment transferred pursuant to the 

5 agreement for cooperation, or of any facility 

6 that is to use, fabricate, process, or store any 

7 material so transferred or any special nuclear 

8 material used in or produced through the use of 

9 such material and equipment; 

10 (B) maintenance and disclosure of records 

11 and of relevant reports for the purpose of as12 sisting in ensuring accountability for material 

13 transferred pursuant to the agreement and any 

14 source or special nuclear material used in or 

15 produced through the use of any material and 

16 equipment so transferred; and 

17 (C) access to places and data necessary to 

18 account for the material referred to in subpara19 graph (B) and to inspect any equipment or fa20 cility referred to in subparagraph (A). 

21 (c) IMPLEMENTATION.—The measures described in 

22 subsection (b) shall be implemented to provide reasonable 

23 assurances that the recipient is complying with the rel24 evant requirements, terms, and conditions of any licenses 

25 issued by the United States regarding such exports, inVerDate Aug 31 2005 02:16 Jul 25, 2006 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S3709.PCS S3709

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1 cluding those relating to the use, retransfer, safe handling, 

2 secure transit, and storage of such exports. 

3 SEC. 108. IMPLEMENTATION AND COMPLIANCE. 

4 (a) INFORMATION ON NUCLEAR ACTIVITIES OF

5 INDIA.—The President shall keep the appropriate con6 gressional committees fully and currently informed of the 

7 facts and implications of any significant nuclear activities 

8 of India, including— 

9 (1) any material non-compliance on the part of 

10 the Government of India with— 

11 (A) the non-proliferation commitments un12 dertaken in the Joint Statement of July 18, 

13 2005, between the President of the United 

14 States and the Prime Minister of India; 

15 (B) the separation plan presented in the 

16 national parliament of India on March 7, 2006, 

17 and in greater detail on May 11, 2006; 

18 (C) a safeguards agreement between the 

19 Government of India and the IAEA; 

20 (D) an Additional Protocol between the 

21 Government of India and the IAEA; 

22 (E) a peaceful nuclear cooperation agree23 ment between the Government of India and the 

24 United States Government pursuant to section 

25 123 of the Atomic Energy Act of 1954 (42 


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1 U.S.C. 2153) or any subsequent arrangement 

2 under section 131 of such Act (42 U.S.C. 

3 2160); 

4 (F) the terms and conditions of any ap5 proved licenses; and 

6 (G) United States laws and regulations re7 garding the export or reexport of nuclear mate8 rial or dual-use material, equipment, or tech9 nology; 

10 (2) the construction of a nuclear facility in 

11 India after the date of the enactment of this Act; 

12 (3) significant changes in the production by 

13 India of nuclear weapons or in the types or amounts 

14 of fissile material produced; and 

15 (4) changes in the purpose or operational status 

16 of any unsafeguarded nuclear fuel cycle activities in 

17 India. 

18 (b) IMPLEMENTATION AND COMPLIANCE REPORT.— 

19 Not later than 180 days after the date on which an agree20 ment between the Government of India and the United 

21 States Government pursuant to section 123 of the Atomic 

22 Energy Act of 1954 (42 U.S.C. 2153) enters into force, 

23 and annually thereafter, the President shall submit to the 

24 appropriate congressional committees a report including— 


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1 (1) a description of any additional nuclear fa2 cilities and nuclear materials that the Government of 

3 India has placed or intends to place under IAEA 

4 safeguards; 

5 (2) a comprehensive listing of— 

6 (A) all licenses that have been approved by 

7 the Nuclear Regulatory Commission and the 

8 Secretary of Energy for exports and reexports 

9 to India under parts 110 and 810 of title 10, 

10 Code of Federal Regulations; 

11 (B) any licenses approved by the Depart12 ment of Commerce for the export or reexport to 

13 India of commodities, related technology, and 

14 software which are controlled for nuclear non15 proliferation reasons on the Nuclear Referral 

16 List of the Commerce Control List maintained 

17 under part 774 of title 15, Code of Federal 

18 Regulations; 

19 (C) any other United States authorizations 

20 for the export or reexport to India of nuclear 

21 materials and equipment; and 

22 (D) with respect to each such license or 

23 other form of authorization described in sub24 paragraphs (A), (B), and (C)— 


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1 (i) the number or other identifying in2 formation of each license or authorization; 

3 (ii) the name or names of the author4 ized end user or end users; 

5 (iii) the name of the site, facility, or 

6 location in India to which the export or re7 export was made; 

8 (iv) the terms and conditions included 

9 on such licenses and authorizations; 

10 (v) any post-shipment verification pro11 cedures that will be applied to such exports 

12 or reexports; and 

13 (vi) the term of validity of each such 

14 license or authorization; 

15 (3) any significant nuclear commerce between 

16 India and other countries, including any such trade 

17 that— 

18 (A) does not comply with applicable guide19 lines or decisions of the Nuclear Suppliers 

20 Group; or 

21 (B) would not meet the standards applied 

22 to exports or reexports of such material, equip23 ment, or technology of United States origin; 

24 (4) either— 


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1 (A) a certification that India is in full com2 pliance with the commitments and obligations 

3 contained in the agreements and other docu4 ments referenced in subparagraphs (A) through 

5 (F) of subsection (a)(1); or 

6 (B) if the President cannot make such cer7 tification, an identification and assessment of 

8 all compliance issues arising with regard to the 

9 adherence by India to its commitments and ob10 ligations, including— 

11 (i) the steps the United States Gov12 ernment has taken to remedy or otherwise 

13 respond to such compliance issues; 

14 (ii) the responses of the Government 

15 of India to such steps; and 

16 (iii) an assessment of the implications 

17 of any continued noncompliance, including 

18 whether nuclear commerce with India, if 

19 not already terminated under section 129 

20 of the Atomic Energy Act of 1954 (42 

21 U.S.C. 2158), remains in the national se22 curity interest of the United States; 

23 (5) a detailed description of— 

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1 stan in disclosing, securing, capping, and reduc2 ing their fissile material stockpiles, pending cre3 ation of a world-wide fissile material cut-off re4 gime, including the institution of a Fissile Ma5 terial Cut-off Treaty; 

6 (B) the reactions of India and Pakistan to 

7 such efforts; and 

8 (C) assistance that the United States is 

9 providing, or would be able to provide, to India 

10 and Pakistan to promote the objectives in sub11 paragraph (A), consistent with its obligations 

12 under international law and existing agree13 ments; and 

14 (6) a detailed description of efforts and 

15 progress made toward the achievement of India’s— 

16 (A) full participation in the Proliferation 

17 Security Initiative; 

18 (B) formal commitment to the Statement 

19 of Interdiction Principles; 

20 (C) public announcement of its decision to 

21 conform its export control laws, regulations, 

22 and policies with the Australia Group and with 

23 the Guidelines, Procedures, Criteria, and Con24 trols List of the Wassenaar Arrangement; and 


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1 (D) demonstration of satisfactory progress 

2 toward implementing the decision described in 

3 subparagraph (C). 

4 (c) SUBMITTAL WITH OTHER ANNUAL REPORTS.— 

5 (1) REPORT ON PROLIFERATION PREVEN6 TION.—Each annual report submitted under sub7 section (b) after the initial report may be submitted 

8 together with the annual report on proliferation pre9 vention required under section 601(a) of the Nuclear 

10 Non-Proliferation Act of 1978 (22 U.S.C. 3281(a)). 

11 (2) REPORT ON PROGRESS TOWARD REGIONAL

12 NON-PROLIFERATION.—The information required to 

13 be submitted under subsection (b)(5) after the initial 

14 report may be submitted together with the annual 

15 report on progress toward regional non-proliferation 

16 required under section 620F(c) of the Foreign As17 sistance Act of 1961 (22 U.S.C. 2376(c)). 

18 (d) FORM.—Each report submitted under this section 

19 shall be submitted in unclassified form but may contain 

20 a classified annex. 

21 SEC. 109. UNITED STATES COMPLIANCE WITH ITS NUCLEAR 

22 NON-PROLIFERATION TREATY OBLIGATIONS. 

23 This title shall not be deemed to constitute authority 

24 for any action in violation of any obligation of the United 

25 States under the Nuclear Non-Proliferation Treaty. 


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1 SEC. 110. INOPERABILITY OF DETERMINATION AND WAIV2 ERS. 

3 A determination under section 105 and any waiver 

4 under section 104 shall cease to be effective if the Presi5 dent determines that India has detonated a nuclear explo6 sive device after the date of the enactment of this Act. 

7 SEC. 111. MTCR ADHERENT STATUS. 

8 Congress finds that India is not an MTCR adherent 

9 for the purposes of Section 73 of the Arms Export Control 

10 Act (22 U.S.C. 2797b). 

11 SEC. 112. TECHNICAL AMENDMENT. 

12 Section 1112(c)(4) of the Arms Control and Non13 proliferation Act of 1999 (title XI of the Admiral James 

14 W. Nance and Meg Donovan Foreign Relations Act, Fiscal 

15 Years 2000 and 2001 (as enacted into law by section 

16 1000(a)(7) of Public Law 106–113 and contained in ap17 pendix G of that Act; 113 Stat. 1501A–486)) is amend18 ed— 

19 (1) in subparagraph (B), by striking ‘‘and’’ 

20 after the semicolon at the end; 

21 (2) by redesignating subparagraph (C) as sub22 paragraph (D); and 

23 (3) by inserting after subparagraph (B) the fol24 lowing new subparagraph: 

25 ‘‘(C) so much of the reports required under 

26 section 108 of the United States-India Peaceful 


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1 Atomic Energy Cooperation Act as relates to 

2 verification or compliance matters; and’’. 

3 SEC. 113. DEFINITIONS. 

4 In this title: 

5 (1) The term ‘‘Additional Protocol’’ means a 

6 protocol additional to a safeguards agreement with 

7 the IAEA, as negotiated between a country and the 

8 IAEA based on a Model Additional Protocol as set 

9 forth in IAEA information circular (INFCIRC) 540. 

10 (2) The term ‘‘appropriate congressional com11 mittees’’ means the Committee on Foreign Relations 

12 of the Senate and the Committee on International 

13 Relations of the House of Representatives. 

14 (3) The term ‘‘atomic energy’’ has the meaning 

15 given the term in section 11 c. of the Atomic Energy 

16 Act of 1954 (42 U.S.C. 2014(c)). 

17 (4) The term ‘‘dual-use material, equipment, or 

18 technology’’ means material, equipment, or tech19 nology that may be used in nuclear or non-nuclear 

20 applications. 

21 (5) The term ‘‘IAEA safeguards’’ has the 

22 meaning given the term in section 830(3) of the Nu23 clear Proliferation Prevention Act of 1994 (22 

24 U.S.C. 6305(3)). 


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1 (6) The term ‘‘nuclear materials and equip2 ment’’ means source material, special nuclear mate3 rial, production and utilization facilities and any 

4 components thereof, and any other items or mate5 rials that are determined to have significance for nu6 clear explosive purposes pursuant to subsection 109 

7 b. of the Atomic Energy Act of 1954 (42 U.S.C. 

8 2139(b)). 

9 (7) The term ‘‘Nuclear Non-Proliferation Trea10 ty’’ means the Treaty on the Non-Proliferation of 

11 Nuclear Weapons, done at Washington, London, and 

12 Moscow July 1, 1968, and entered into force March 

13 5, 1970 (21 UST 483). 

14 (8) The terms ‘‘nuclear weapon’’ and ‘‘nuclear 

15 explosive device’’ mean any device designed to 

16 produce an instantaneous release of an amount of 

17 nuclear energy from special nuclear material that is 

18 greater than the amount of energy that would be re19 leased from the detonation of one point of trinitro20 toluene (TNT). 

21 (9) The terms ‘‘reprocessing’’ and ‘‘reprocess’’ 

22 refer to the separation of nuclear materials from fis23 sion products in spent nuclear fuel. 

24 (10) The term ‘‘sensitive nuclear technology’’ 

25 has the meaning given the term in section 4(5) of 


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1 the Nuclear Nonproliferation Act of 1978 (22 

2 U.S.C. 3203(5)). 

3 (11) The term ‘‘source material’’ has the mean4 ing given the term in section 11 z. of the Atomic 

5 Energy Act of 1954 (42 U.S.C. 2014(z)). 

6 (12) The term ‘‘special nuclear material’’ has 

7 the meaning given the term in section 11 aa. of the 

8 Atomic Energy Act of 1954 (42 U.S.C. 2014(aa)). 

9 (13) The term ‘‘unsafeguarded nuclear fuel10 cycle activity’’ means research on, or development, 

11 design, manufacture, construction, operation, or 

12 maintenance of— 

13 (A) any existing or future reactor, critical 

14 facility, conversion plant, fabrication plant, re15 processing plant, plant for the separation of iso16 topes of source or special fissionable material, 

17 or separate storage installation with respect to 

18 which there is no obligation to accept IAEA 

19 safeguards at the relevant reactor, facility, 

20 plant, or installation that contains source or 

21 special fissionable material; or 

22 (B) any existing or future heavy water pro23 duction plant with respect to which there is no 

24 obligation to accept IAEA safeguards on any 


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1 nuclear material produced by or used in connec2 tion with any heavy water produced therefrom. 

3 TITLE II—UNITED STATES ADDI4 TIONAL PROTOCOL IMPLE5 MENTATION 

6 SEC. 201. SHORT TITLE. 

7 This title may be cited as the ‘‘United States Addi8 tional Protocol Implementation Act’’. 

9 SEC. 202. DEFINITIONS. 

10 In this title: 

11 (1) ADDITIONAL PROTOCOL.—The term ‘‘Addi12 tional Protocol’’, when used in the singular form, 

13 means the Protocol Additional to the Agreement be14 tween the United States of America and the Inter15 national Atomic Energy Agency for the Application 

16 of Safeguards in the United States of America, with 

17 Annexes, signed at Vienna June 12, 1998 (T. Doc. 

18 107–7). 

19 (2) APPROPRIATE CONGRESSIONAL COMMIT20 TEES.—The term ‘‘appropriate congressional com21 mittees’’ means the Committee on Armed Services, 

22 the Committee on Foreign Relations, and the Com23 mittee on Appropriations of the Senate and the 

24 Committee on Armed Services, the Committee on 


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1 International Relations, and the Committee on Ap2 propriations of the House of Representatives. 

3 (3) COMPLEMENTARY ACCESS.—The term 

4 ‘‘complementary access’’ means the exercise of the 

5 IAEA’s access rights as set forth in Articles 4 to 6 

6 of the Additional Protocol. 

7 (4) EXECUTIVE AGENCY.—The term ‘‘executive 

8 agency’’ has the meaning given such term in section 

9 105 of title 5, United States Code. 

10 (5) FACILITY.—The term ‘‘facility’’ has the 

11 meaning set forth in Article 18i. of the Additional 

12 Protocol. 

13 (6) IAEA.—The term ‘‘IAEA’’ means the 

14 International Atomic Energy Agency. 

15 (7) JUDGE OF THE UNITED STATES.—The term 

16 ‘‘judge of the United States’’ means a United States 

17 district judge, or a United States magistrate judge 

18 appointed under the authority of chapter 43 of title 

19 28, United States Code. 

20 (8) LOCATION.—The term ‘‘location’’ means 

21 any geographic point or area declared or identified 

22 by the United States or specified by the Inter23 national Atomic Energy Agency. 

24 (9) NUCLEAR NON-PROLIFERATION TREATY.— 

25 The term ‘‘Nuclear Non-Proliferation Treaty’’ 


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1 means the Treaty on the Non-Proliferation of Nu2 clear Weapons, done at Washington, London, and 

3 Moscow July 1, 1968, and entered into force March 

4 5, 1970 (21 UST 483). 

5 (10) NUCLEAR-WEAPON STATE PARTY AND

6 NON-NUCLEAR-WEAPON STATE PARTY.—The terms 

7 ‘‘nuclear-weapon State Party’’ and ‘‘non-nuclear8 weapon State Party’’ have the meanings given such 

9 terms in the Nuclear Non-Proliferation Treaty. 

10 (11) PERSON.—The term ‘‘person’’, except as 

11 otherwise provided, means any individual, corpora12 tion, partnership, firm, association, trust, estate, 

13 public or private institution, any State or any polit14 ical subdivision thereof, or any political entity within 

15 a State, any foreign government or nation or any 

16 agency, instrumentality or political subdivision of 

17 any such government or nation, or other entity lo18 cated in the United States. 

19 (12) SITE.—The term ‘‘site’’ has the meaning 

20 set forth in Article 18b. of the Additional Protocol. 

21 (13) UNITED STATES.—The term ‘‘United 

22 States’’, when used as a geographic reference, means 

23 the several States of the United States, the District 

24 of Columbia, and the commonwealths, territories, 

25 and possessions of the United States and includes all 


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1 places under the jurisdiction or control of the United 

2 States, including— 

3 (A) the territorial sea and the overlying 

4 airspace; 

5 (B) any civil aircraft of the United States 

6 or public aircraft, as such terms are defined in 

7 paragraphs (17) and (41), respectively, of sec8 tion 40102(a) of title 49, United States Code; 

9 and 

10 (C) any vessel of the United States, as 

11 such term is defined in section 3(b) of the Mar12 itime Drug Law Enforcement Act (46 U.S.C. 

13 App. 1903(b)). 

14 (14) WIDE-AREA ENVIRONMENTAL SAM15 PLING.—The term ‘‘wide-area environmental sam16 pling’’ has the meaning set forth in Article 18g. of 

17 the Additional Protocol. 

18 SEC. 203. SEVERABILITY. 

19 If any provision of this title, or the application of 

20 such provision to any person or circumstance, is held in21 valid, the remainder of this title, or the application of such 

22 provision to persons or circumstances other than those as 

23 to which it is held invalid, shall not be affected thereby. 


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1 Subtitle A—General Provisions 

2 SEC. 211. AUTHORITY. 

3 (a) IN GENERAL.—The President is authorized to 

4 implement and carry out the provisions of this title and 

5 the Additional Protocol and shall designate through Exec6 utive order which executive agency or agencies of the 

7 United States, which may include but are not limited to 

8 the Department of State, the Department of Defense, the 

9 Department of Justice, the Department of Commerce, the 

10 Department of Energy, and the Nuclear Regulatory Com11 mission, shall issue or amend and enforce regulations in 

12 order to implement this title and the provisions of the Ad13 ditional Protocol. 

14 (b) INCLUDED AUTHORITY.—For any executive agen15 cy designated under subsection (a) that does not currently 

16 possess the authority to conduct site vulnerability assess17 ments and related activities, the authority provided in sub18 section (a) includes such authority. 

19 (c) EXCEPTION.—The authority described in sub20 section (b) does not supersede or otherwise modify any 

21 existing authority of any Federal department or agency 

22 already having such authority. 


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1 Subtitle B—Complementary Access 

2 SEC. 221. REQUIREMENT FOR AUTHORITY TO CONDUCT 

3 COMPLEMENTARY ACCESS. 

4 (a) PROHIBITION.—No complementary access to any 

5 location in the United States shall take place pursuant to 

6 the Additional Protocol without the authorization of the 

7 United States Government in accordance with the require8 ments of this title. 

9 (b) AUTHORITY.— 

10 (1) IN GENERAL.—Complementary access to 

11 any location in the United States subject to access 

12 under the Additional Protocol is authorized in ac13 cordance with this title. 

14 (2) UNITED STATES REPRESENTATIVES.— 

15 (A) RESTRICTIONS.—In the event of com16 plementary access to a privately owned or oper17 ated location, no employee of the Environ18 mental Protection Agency or of the Mine Safety 

19 and Health Administration or the Occupational 

20 Safety and Health Administration of the De21 partment of Labor may participate in the ac22 cess. 

23 (B) NUMBER.—The number of designated 

24 United States representatives accompanying 


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1 IAEA inspectors shall be kept to the minimum 

2 necessary. 

3 SEC. 222. PROCEDURES FOR COMPLEMENTARY ACCESS. 

4 (a) IN GENERAL.—Each instance of complementary 

5 access to a location in the United States under the Addi6 tional Protocol shall be conducted in accordance with this 

7 subtitle. 

8 (b) NOTICE.— 

9 (1) IN GENERAL.—Complementary access re10 ferred to in subsection (a) may occur only upon the 

11 issuance of an actual written notice by the United 

12 States Government to the owner, operator, occupant, 

13 or agent in charge of the location to be subject to 

14 complementary access. 

15 (2) TIME OF NOTIFICATION.—The notice under 

16 paragraph (1) shall be submitted to such owner, op17 erator, occupant, or agent as soon as possible after 

18 the United States Government has received notifica19 tion that the IAEA seeks complementary access. No20 tices may be posted prominently at the location if 

21 the United States Government is unable to provide 

22 actual written notice to such owner, operator, occu23 pant, or agent. 

24 (3) CONTENT OF NOTICE.— 


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1 (A) IN GENERAL.—The notice required by 

2 paragraph (1) shall specify— 

3 (i) the purpose for the complementary 

4 access; 

5 (ii) the basis for the selection of the 

6 facility, site, or other location for the com7 plementary access sought; 

8 (iii) the activities that will be carried 

9 out during the complementary access; 

10 (iv) the time and date that the com11 plementary access is expected to begin, and 

12 the anticipated period covered by the com13 plementary access; and 

14 (v) the names and titles of the inspec15 tors. 

16 (4) SEPARATE NOTICES REQUIRED.—A sepa17 rate notice shall be provided each time that com18 plementary access is sought by the IAEA. 

19 (c) CREDENTIALS.—The complementary access team 

20 of the IAEA and representatives or designees of the 

21 United States Government shall display appropriate iden22 tifying credentials to the owner, operator, occupant, or 

23 agent in charge of the location before gaining entry in con24 nection with complementary access. 

25 (d) SCOPE.— 


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1 (1) IN GENERAL.—Except as provided in a war2 rant issued under section 223, and subject to the 

3 United States Government’s rights under the Addi4 tional Protocol to limit complementary access, com5 plementary access to a location pursuant to this title 

6 may extend to all activities specifically permitted for 

7 such locations under Article 6 of the Additional Pro8 tocol. 

9 (2) EXCEPTION.—Unless required by the Addi10 tional Protocol, no inspection under this title shall 

11 extend to— 

12 (A) financial data (other than production 

13 data); 

14 (B) sales and marketing data (other than 

15 shipment data); 

16 (C) pricing data; 

17 (D) personnel data; 

18 (E) patent data; 

19 (F) data maintained for compliance with 

20 environmental or occupational health and safety 

21 regulations; or 

22 (G) research data. 

23 (e) ENVIRONMENT, HEALTH, SAFETY, AND SECU24 RITY.—In carrying out their activities, members of the 

25 IAEA complementary access team and representatives or 


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1 designees of the United States Government shall observe 

2 applicable environmental, health, safety, and security reg3 ulations established at the location subject to complemen4 tary access, including those for protection of controlled en5 vironments within a facility and for personal safety. 

6 SEC. 223. CONSENTS, WARRANTS, AND COMPLEMENTARY 

7 ACCESS. 

8 (a) IN GENERAL.— 

9 (1) PROCEDURE.— 

10 (A) CONSENT.—Except as provided in 

11 paragraph (2), an appropriate official of the 

12 United States Government shall seek or have 

13 the consent of the owner, operator, occupant, or 

14 agent in charge of a location prior to entering 

15 that location in connection with complementary 

16 access pursuant to sections 221 and 222. The 

17 owner, operator, occupant, or agent in charge of 

18 the location may withhold consent for any rea19 son or no reason. 

20 (B) ADMINISTRATIVE SEARCH WAR21 RANT.—In the absence of consent, the United 

22 States Government may seek an administrative 

23 search warrant from a judge of the United 

24 States under subsection (b). Proceedings re25 garding the issuance of an administrative 


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1 search warrant shall be conducted ex parte, un2 less otherwise requested by the United States 

3 Government. 

4 (2) EXPEDITED ACCESS.—For purposes of ob5 taining access to a location pursuant to Article 

6 4b.(ii) of the Additional Protocol in order to satisfy 

7 United States obligations under the Additional Pro8 tocol when notice of two hours or less is required, 

9 the United States Government may gain entry to 

10 such location in connection with complementary ac11 cess, to the extent such access is consistent with the 

12 Fourth Amendment to the United States Constitu13 tion, without obtaining either a warrant or consent. 

14 (b) ADMINISTRATIVE SEARCH WARRANTS FOR COM15 PLEMENTARY ACCESS.— 

16 (1) OBTAINING ADMINISTRATIVE SEARCH WAR17 RANTS.—For complementary access conducted in the 

18 United States pursuant to the Additional Protocol, 

19 and for which the acquisition of a warrant is re20 quired, the United States Government shall first ob21 tain an administrative search warrant from a judge 

22 of the United States. The United States Government 

23 shall provide to such judge all appropriate informa24 tion regarding the basis for the selection of the facilVerDate Aug 31 2005 02:16 Jul 25, 2006 Jkt 049200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S3709.PCS S3709

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1 ity, site, or other location to which complementary 

2 access is sought. 

3 (2) CONTENT OF AFFIDAVITS FOR ADMINISTRA4 TIVE SEARCH WARRANTS.—A judge of the United 

5 States shall promptly issue an administrative search 

6 warrant authorizing the requested complementary 

7 access upon an affidavit submitted by the United 

8 States Government— 

9 (A) stating that the Additional Protocol is 

10 in force; 

11 (B) stating that the designated facility, 

12 site, or other location is subject to complemen13 tary access under the Additional Protocol; 

14 (C) stating that the purpose of the com15 plementary access is to verify the correctness 

16 and completeness of information declared by 

17 the United States Government pursuant to Ar18 ticle 2 of the Additional Protocol; 

19 (D) stating that the requested complemen20 tary access is in accordance with Article 4 of 

21 the Additional Protocol; 

22 (E) containing assurances that the scope 

23 of the IAEA’s complementary access, as well as 

24 what it may collect, shall be limited to the acVerDate Aug 31 2005 02:16 Jul 25, 2006 Jkt 049200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S3709.PCS S3709

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1 cess provided for in Article 6 of the Additional 

2 Protocol; 

3 (F) listing the items, documents, and areas 

4 to be searched and seized; 

5 (G) stating the earliest commencement and 

6 the anticipated duration of the complementary 

7 access period, as well as the expected times of 

8 day during which such complementary access 

9 will take place; and 

10 (H) stating that the location to which 

11 entry in connection with complementary access 

12 is sought was selected either— 

13 (i) because there is probable cause, on 

14 the basis of specific evidence, to believe 

15 that information required to be reported 

16 regarding a location pursuant to regula17 tions promulgated under this title is incor18 rect or incomplete, and that the location to 

19 be accessed contains evidence regarding 

20 that violation; or 

21 (ii) pursuant to a reasonable general 

22 administrative plan based upon specific 

23 neutral criteria. 

24 (3) CONTENT OF WARRANTS.—A warrant 

25 issued under paragraph (2) shall specify the same 


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•S 3709 PCS

1 matters required of an affidavit under that para2 graph. In addition, each warrant shall contain the 

3 identities of the representatives of the IAEA on the 

4 complementary access team and the identities of the 

5 representatives or designees of the United States 

6 Government required to display identifying creden7 tials under section 222(c). 

8 SEC. 224. PROHIBITED ACTS RELATING TO COMPLEMEN9 TARY ACCESS. 

10 It shall be unlawful for any person willfully to fail 

11 or refuse to permit, or to disrupt, delay, or otherwise im12 pede, a complementary access authorized by this subtitle 

13 or an entry in connection with such access. 

14 Subtitle C—Confidentiality of 

15 Information 

16 SEC. 231. PROTECTION OF CONFIDENTIALITY OF INFORMA17 TION. 

18 Information reported to, or otherwise acquired by, the 

19 United States Government under this title or under the 

20 Additional Protocol shall be exempt from disclosure under 

21 sections 552 of title 5, United States Code. 

22 Subtitle D—Enforcement 

23 SEC. 241. RECORDKEEPING VIOLATIONS. 

24 It shall be unlawful for any person willfully to fail 

25 or refuse— 


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1 (1) to establish or maintain any record required 

2 by any regulation prescribed under this title; 

3 (2) to submit any report, notice, or other infor4 mation to the United States Government in accord5 ance with any regulation prescribed under this title; 

6 or 

7 (3) to permit access to or copying of any record 

8 by the United States Government in accordance with 

9 any regulation prescribed under this title. 

10 SEC. 242. PENALTIES. 

11 (a) CIVIL.— 

12 (1) PENALTY AMOUNTS.—Any person that is 

13 determined, in accordance with paragraph (2), to 

14 have violated section 224 or section 241 shall be re15 quired by order to pay a civil penalty in an amount 

16 not to exceed $25,000 for each violation. For the 

17 purposes of this paragraph, each day during which 

18 a violation of section 224 continues shall constitute 

19 a separate violation of that section. 

20 (2) NOTICE AND HEARING.— 

21 (A) IN GENERAL.—Before imposing a pen22 alty against a person under paragraph (1), the 

23 head of an executive agency designated under 

24 section 211(a) shall provide the person with no25 tice of the order. If, within 15 days after receivVerDate Aug 31 2005 02:16 Jul 25, 2006 Jkt 049200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S3709.PCS S3709

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1 ing the notice, the person requests a hearing, 

2 the head of the designated executive agency 

3 shall initiate a hearing on the violation. 

4 (B) CONDUCT OF HEARING.—Any hearing 

5 so requested shall be conducted before an ad6 ministrative judge. The hearing shall be con7 ducted in accordance with the requirements of 

8 section 554 of title 5, United States Code. If no 

9 hearing is so requested, the order imposed by 

10 the head of the designated agency shall con11 stitute a final agency action. 

12 (C) ISSUANCE OF ORDERS.—If the admin13 istrative judge determines, upon the preponder14 ance of the evidence received, that a person 

15 named in the complaint has violated section 

16 224 or section 241, the administrative judge 

17 shall state his findings of fact and conclusions 

18 of law, and issue and serve on such person an 

19 order described in paragraph (1). 

20 (D) FACTORS FOR DETERMINATION OF

21 PENALTY AMOUNTS.—In determining the 

22 amount of any civil penalty, the administrative 

23 judge or the head of the designated agency 

24 shall take into account the nature, cir25 cumstances, extent, and gravity of the violation 


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1 or violations and, with respect to the violator, 

2 the ability to pay, effect on ability to continue 

3 to do business, any history of such violations, 

4 the degree of culpability, the existence of an in5 ternal compliance program, and such other 

6 matters as justice may require. 

7 (E) CONTENT OF NOTICE.—For the pur8 poses of this paragraph, notice shall be in writ9 ing and shall be verifiably served upon the per10 son or persons subject to an order described in 

11 paragraph (1). In addition, the notice shall— 

12 (i) set forth the time, date, and spe13 cific nature of the alleged violation or vio14 lations; and 

15 (ii) specify the administrative and ju16 dicial remedies available to the person or 

17 persons subject to the order, including the 

18 availability of a hearing and subsequent 

19 appeal. 

20 (3) ADMINISTRATIVE APPELLATE REVIEW.— 

21 The decision and order of an administrative judge 

22 shall be the recommended decision and order and 

23 shall be referred to the head of the designated exec24 utive agency for final decision and order. If, within 

25 60 days, the head of the designated executive agency 


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1 does not modify or vacate the decision and order, it 

2 shall become a final agency action under this sub3 section. 

4 (4) JUDICIAL REVIEW.—A person adversely af5 fected by a final order may, within 30 days after the 

6 date the final order is issued, file a petition in the 

7 Court of Appeals for the District of Columbia Cir8 cuit or in the Court of Appeals for the district in 

9 which the violation occurred. 

10 (5) ENFORCEMENT OF FINAL ORDERS.— 

11 (A) IN GENERAL.—If a person fails to 

12 comply with a final order issued against such 

13 person under this subsection and— 

14 (i) the person has not filed a petition 

15 for judicial review of the order in accord16 ance with paragraph (4), or 

17 (ii) a court in an action brought under 

18 paragraph (4) has entered a final judg19 ment in favor of the designated executive 

20 agency, 

21 the head of the designated executive agency 

22 shall commence a civil action to seek compliance 

23 with the final order in any appropriate district 

24 court of the United States. 


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1 (B) NO REVIEW.—In any such civil action, 

2 the validity and appropriateness of the final 

3 order shall not be subject to review. 

4 (C) INTEREST.—Payment of penalties as5 sessed in a final order under this section shall 

6 include interest at currently prevailing rates 

7 calculated from the date of expiration of the 60- 

8 day period referred to in paragraph (3) or the 

9 date of such final order, as the case may be. 

10 (b) CRIMINAL.—Any person who violates section 224 

11 or section 241 may, in addition to or in lieu of any civil 

12 penalty which may be imposed under subsection (a) for 

13 such violation, be fined under title 18, United States Code, 

14 imprisoned for not more than five years, or both. 

15 SEC. 243. SPECIFIC ENFORCEMENT. 

16 (a) JURISDICTION.—The district courts of the United 

17 States shall have jurisdiction over civil actions brought by 

18 the head of an executive agency designated under section 

19 211(a)— 

20 (1) to restrain any conduct in violation of sec21 tion 224 or section 241; or 

22 (2) to compel the taking of any action required 

23 by or under this title or the Additional Protocol. 

24 (b) CIVIL ACTIONS.— 


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1 (1) IN GENERAL.—A civil action described in 

2 subsection (a) may be brought— 

3 (A) in the case of a civil action described 

4 in paragraph (1) of such subsection, in the 

5 United States district court for the judicial dis6 trict in which any act, omission, or transaction 

7 constituting a violation of section 224 or section 

8 241 occurred or in which the defendant is 

9 found or transacts business; or 

10 (B) in the case of a civil action described 

11 in paragraph (2) of such subsection, in the 

12 United States district court for the judicial dis13 trict in which the defendant is found or trans14 acts business. 

15 (2) SERVICE OF PROCESS.—In any such civil 

16 action, process shall be served on a defendant wher17 ever the defendant may reside or may be found. 

18 Subtitle E—Environmental 

19 Sampling 

20 SEC. 251. NOTIFICATION TO CONGRESS OF IAEA BOARD AP21 PROVAL OF WIDE-AREA ENVIRONMENTAL 

22 SAMPLING. 

23 (a) IN GENERAL.—Not later than 30 days after the 

24 date on which the Board of Governors of the IAEA ap25 proves wide-area environmental sampling for use as a safeVerDate Aug 31 2005 02:16 Jul 25, 2006 Jkt 049200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\S3709.PCS S3709

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1 guards verification tool, the President shall notify the ap2 propriate congressional committees. 

3 (b) CONTENT.—The notification under subsection (a) 

4 shall contain— 

5 (1) a description of the specific methods and 

6 sampling techniques approved by the Board of Gov7 ernors that are to be employed for purposes of wide8 area sampling; and 

9 (2) a statement as to whether or not such sam10 pling may be conducted in the United States under 

11 the Additional Protocol. 

12 SEC. 252. APPLICATION OF NATIONAL SECURITY EXCLU13 SION TO WIDE-AREA ENVIRONMENTAL SAM14 PLING. 

15 In accordance with Article 1(b) of the Additional Pro16 tocol, the United States shall not permit any wide-area 

17 environmental sampling proposed by the IAEA to be con18 ducted at a specified location in the United States under 

19 Article 9 of the Additional Protocol unless the President 

20 has determined and reported to the appropriate congres21 sional committees that— 

22 (1) the proposed use of wide-area environmental 

23 sampling is necessary to increase the capability of 

24 the IAEA to detect undeclared nuclear activities in 

25 the territory of a non-nuclear-weapon State Party; 


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1 (2) the proposed use of wide-area environmental 

2 sampling will not result in access by the IAEA to lo3 cations, activities, or information of direct national 

4 security significance; and 

5 (3) the United States— 

6 (A) has been provided sufficient oppor7 tunity for consultation with the IAEA if the 

8 IAEA has requested complementary access in9 volving wide-area environmental sampling; or 

10 (B) has requested under Article 8 of the 

11 Additional Protocol that the IAEA engage in 

12 complementary access in the United States that 

13 involves the use of wide-area environmental 

14 sampling. 

15 SEC. 253. APPLICATION OF NATIONAL SECURITY EXCLU16 SION TO LOCATION-SPECIFIC ENVIRON17 MENTAL SAMPLING. 

18 In accordance with Article 1(b) of the Additional Pro19 tocol, the United States shall not permit any location-spe20 cific environmental sampling in the United States under 

21 Article 5 of the Additional Protocol unless the President 

22 has determined and reported to the appropriate congres23 sional committees that— 

24 (1) the proposed use of location-specific envi25 ronmental sampling will not result in access by the 


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1 IAEA to locations, activities, or information of direct 

2 national security significance; and 

3 (2) with respect to the proposed use of environ4 mental sampling, the United States— 

5 (A) has been provided sufficient oppor6 tunity for consultation with the IAEA if the 

7 IAEA has requested complementary access in8 volving location-specific environmental sam9 pling; or 

10 (B) has requested under Article 8 of the 

11 Additional Protocol that the IAEA engage in 

12 complementary access in the United States that 

13 involves the use of location-specific environ14 mental sampling. 

15 Subtitle F—Authorization of 

16 Appropriations 

17 SEC. 261. AUTHORIZATION OF APPROPRIATIONS. 

18 There are authorized to be appropriated such sums 

19 as may be necessary to carry out this title. 


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Calendar No. 527 

109TH CONGRESS 

2D SESSION S. 3709 

[Report No. 109

–288] 

A BILL 

To exempt from certain requirements of the Atomic 

tional Protocol. India, and to implement the United States Addiclear materials, equipment, and technology to Energy Act of 1954 United States exports of nuJULY 20, 2006 

Read twice and placed on the calendar 


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