I 

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. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Iran Nuclear Prolifera5 tion Prevention Act’’. 

6 SEC. 2. PROHIBITION ON NUCLEAR TRADE WITH IRAN. 

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

8 Act of 1954 is amended by adding at the end the following 

9 new section: 
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1 ‘‘SEC. 135. PROHIBITION ON NUCLEAR TRADE WITH IRAN’S 

2 NUCLEAR SUPPLIERS. 

3 ‘‘(a) PROHIBITIONS.—Notwithstanding any other 

4 provision of this Act, any international arrangement or 

5 any agreement for cooperation made pursuant to this Act, 

6 or any other provision of law, no license, approval, or au7 thorization for the export or reexport, or transfer, or re8 transfer, whether directly or indirectly, of any— 

9 ‘‘(1) special nuclear material, 

10 ‘‘(2) source material, 

11 ‘‘(3) byproduct material, 

12 ‘‘(4) production facility, 

13 ‘‘(5) utilization facility, 

14 ‘‘(6) items or components which are designed or 

15 intended to be used in a production or utilization fa16 cility, or with respect to which there is a risk of di17 version for use in such a facility, 

18 ‘‘(7) items or components which are designed or 

19 intended for use in the construction of a production 

20 or utilization facility, 

21 ‘‘(8) items and assistance requiring any author22 ization, licensing, or other approval pursuant to this 

23 Act, or 

24 ‘‘(9) any nuclear-related items on the Com25 merce Control List maintained under part 774 of 
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1 title 15, Code of Federal Regulations (or any suc2 cessor to such list), 

3 may be made to any country that the President determines 

4 has, since January 1, 2004, provided to the Islamic Re5 public of Iran any special nuclear material, source mate6 rial, byproduct material, production facility, utilization fa7 cility, or items, components, or technologies which are or 

8 can be used in a production or utilization facility or in 

9 (or to develop, test, or manufacture) a nuclear explosive 

10 device. 

11 ‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply to 

12 exports, reexports, transfers, or retransfers of radiation 

13 monitoring technologies, surveillance equipment, seals, 

14 cameras, tamper-indication devices, nuclear detectors, 

15 monitoring systems, or equipment necessary to safely 

16 store, transport, or remove hazardous materials, whether 

17 such items, services, or information are regulated by the 

18 Department of Energy, the Department of Commerce, or 

19 the Nuclear Regulatory Commission, except to the extent 

20 that such technologies, equipment, seals, cameras, devices, 

21 detectors, or systems are available for use in the design 

22 or construction of nuclear reactors or nuclear weapons. 

23 ‘‘(c) WAIVERS.—The President may waive the appli24 cation of subsection (a) to a country if the President deter25 mines and certifies to the Congress that the waiver will 
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1 not result in any increased risk that the Islamic Republic 

2 of Iran will acquire nuclear weapons, nuclear reactors, or 

3 any materials or components of nuclear weapons and 

4 that— 

5 ‘‘(1) the government of such country has not, 

6 within the preceding 12-month period, provided any 

7 material support to the Islamic Republic of Iran in 

8 acquiring nuclear materials, nuclear reactors, or any 

9 technology or component which is or could be used 

10 to manufacture a nuclear explosive device; 

11 ‘‘(2) in the judgment of the President, the gov12 ernment of such country has provided adequate, 

13 verifiable assurances that it will cease all further ex14 ports or transfers of nuclear-weapons-usable tech15 nology or material, and has put in place and en16 forced effective export controls on transfers or ex17 ports of such technology or material by nongovern18 mental entities; 

19 ‘‘(3) the waiver is in the vital national security 

20 interest of the United States; or 

21 ‘‘(4) the waiver is essential to prevent or re22 spond to a serious radiological hazard in the country 

23 receiving the waiver that may or does threaten pub24 lic health and safety. 
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1 ‘‘(d) COOPERATIVE THREAT REDUCTION PRO2 GRAMS.—This section shall not apply to any license, ap3 proval, or authorization which the President determines 

4 is necessary to implement Cooperative Threat Reduction 

5 Programs. For purposes of this subsection, Cooperative 

6 Threat Reduction Programs are the programs specified in 

7 section 1501(b) of the National Defense Authorization Act 

8 for Fiscal Year 1997 (Public Law 104–201; 110 Stat. 

9 2731; 50 U.S.C. 2362 note). 

10 ‘‘(e) APPLICATION.—This section shall apply with re11 spect to any license, approval, or authorization described 

12 in subsection (a) which is made, or required to be made, 

13 on or after the date of the enactment of this section.’’. 

14 (b) CONFORMING AMENDMENT.—The table of con15 tents of the Atomic Energy Act of 1954 is amended by 

16 inserting after the item relating to section 134 the fol17 lowing new item: 

‘‘Sec. 135. Prohibition on nuclear trade with Iran’s nuclear suppliers.’’. 

18 SEC. 3. REPORT TO CONGRESS. 

19 Not later than 6 months after the date of the enact20 ment of this Act, the President shall submit a report to 

21 the Congress containing the following information: 

22 (1) A complete list of missile and nuclear mate23 rials and technology provided to Iran by any entity 

24 in the People’s Republic of China, including the Chi-
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1 nese Government, or by the government of, or any 

2 other entity in, any other country. 

3 (2) An estimate and assessment of the current 

4 status of efforts by Iran to acquire nuclear explo5 sives and their delivery vehicles. 

6 (3) An assessment of the extent to which the 

7 agreement recently reached between the Islamic Re8 public of Iran and the governments of Great Britain, 

9 France, and Germany could effectively limit further 

10 efforts by Iran to acquire nuclear explosives. 

11 (4) An evaluation of the basis for and credi12 bility of claims recently set forth by an Iranian re13 sistance group that Iran may be enriching uranium 

14 at a secret facility unknown to United Nations weap15 ons inspectors. 

16 (5) Whether the United States has provided 

17 United Nations and International Atomic Energy 

18 Agency (IAEA) weapons inspectors with full access 

19 to the intelligence that forms the basis for any con20 clusion that Iran is actively pursuing a nuclear 

21 weapons program. 

22 (6) The steps the United States is taking to en23 sure that the United Nations and IAEA inspectors 

24 receive full access to all suspected Iranian nuclear 

25 sites and that the United States works together with 
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1 the international community to ensure that Iran pro2 vides such inspectors with full cooperation in their 

3 efforts to verify that Iran has complied with its obli4 gations under the Treaty on the Non-Proliferation of 

5 Nuclear Weapons and the agreement referred to in 

6 paragraph (3). 

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