I 
108TH CONGRESS 
2D SESSION 
H. R. 4965 
To impose sanctions on foreign entities that engage in certain nuclear 
proliferation activities, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 22, 2004 
Mr. LANTOS (for himself, Ms. ROS-LEHTINEN, Mr. BERMAN, Mr. ACKERMAN, 
and Mr. SHERMAN) introduced the following bill; which was referred to 
the Committee on International Relations 
A BILL 
To impose sanctions on foreign entities that engage in cer-
tain nuclear proliferation activities, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Nuclear Black-Market 
Elimination Act’’.
TITLE I—SANCTIONS FOR NU-
CLEAR ENRICHMENT AND RE-
PROCESSING TRANSFERS BY 
FOREIGN PERSONS 
SEC. 101. AUTHORITY TO IMPOSE SANCTIONS. 
Notwithstanding any other provision of law, the 
President is authorized to prohibit, for a period of not less 
than three years, any transaction or dealing by a United 
States person or within the United States with any foreign 
person or entity that the President determines sells, trans-
fers, brokers, finances, assists, delivers or otherwise pro-
vides or receives, on or after the date of the enactment 
of this Act— 
(1) nuclear enrichment or reprocessing equip-
ment, materials, or technology to— 
(A) any country for which an additional 
protocol with the International Atomic Energy 
Agency for the application of safeguards (as de-
rived from IAEA document INFCIRC/540 and 
related corrections and additions) is not in 
force; or 
(B) to any country that the President de-
termines is developing, constructing, manufac-
turing, or acquiring a nuclear explosive device; 
or
(2) designs, equipment, or specific information 
to assist in the development, construction, manufac-
ture, or acquisition of a nuclear explosive device by 
a non-nuclear weapon state. 
SEC. 102. PRESIDENTIAL DETERMINATION. 
(a) DETERMINATION.—If the President receives cred-
ible information or evidence regarding any activity de-
scribed in section 101(a) by a foreign person or entity, 
the President shall promptly make a determination as to 
whether, in his judgment, such activity occurred. 
(b) REPORT.—If the President makes an affirmative 
determination under subsection (a), the President shall, 
within 5 days after making the determination, report the 
fact and substance of the determination to the appropriate 
congressional committees. 
(c) PUBLICATION OF DETERMINATION.—If the Presi-
dent makes an affirmative determination under subsection 
(a), the President shall publish in the Federal Register, 
not later than 15 days after reporting such determination 
to the Committees under subsection (b), the identity of 
each foreign person or entity that is subject to that deter-
mination and on whom sanctions have been imposed under 
section 101(a), the reasons for the sanctions, and period 
during which the sanctions will be in effect.
SEC. 103. ADDITIONAL REPORTS. 
(a) POSSIBLE ACTIVITY.—The President shall submit 
to the appropriate congressional committees, not later 
than January 30th of each year, a report containing all 
credible information regarding the activities described in 
section 101(a), regardless of whether the President deter-
mines that such activities did in his judgment occur. 
(b) TRANSACTIONS
BY FOREIGN PERSONS.—The 
President shall submit to the appropriate congressional 
committees, not later than June 30th of each year, a re-
port that identifies any foreign person or entity that en-
gages in transactions or dealings with foreign persons or 
entities on whom sanctions are in effect under section 
101(a) that— 
(1) would be prohibited transactions or dealings 
subject to sanctions under section 101(a) if those 
transactions or dealings had been conducted by 
United States persons or within the United States; 
and 
(2) could make material contributions to a nu-
clear enrichment, reprocessing, or nuclear weapon 
development program. 
The report under this subsection shall be unclassified to 
the maximum extent feasible, but may also include a clas-
sified annex.