213 
(b) CONTRACTING.—The Commission may, to such 
extent and in such amounts as are provided in appropria-
tions Acts, enter into contracts to enable the Commission 
to discharge its duties under this subtitle. 
(c) INFORMATION FROM FEDERAL AGENCIES.— 
(1) IN GENERAL.—The Commission is author-
ized to secure directly from any executive depart-
ment, bureau, agency, board, commission, office, 
independent establishment, or instrumentality of the 
Government, information, suggestions, estimates, 
and statistics for the purposes of this subtitle. Each 
department, bureau, agency, board, commission, of-
fice, independent establishment, or instrumentality 
shall, to the extent authorized by law, furnish such 
information, suggestions, estimates, and statistics di-
rectly to the Commission, upon request made by the 
co-chairmen, the chairman of any subcommittee cre-
ated by a majority of the Commission, or any mem-
ber designated by a majority of the Commission. 
(2) RECEIPT, HANDLING, STORAGE, AND DIS-
SEMINATION.—Information shall only be received, 
handled, stored, and disseminated by members of 
the Commission and its staff consistent with all ap-
plicable statutes, regulations, and Executive orders. 
(d) ASSISTANCE FROM FEDERAL AGENCIES.— 
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214 
(1) GENERAL
SERVICES
ADMINISTRATION.— 
The Administrator of General Services shall provide 
to the Commission on a reimbursable basis adminis-
trative support and other services for the perform-
ance of the Commission’s functions. 
(2) OTHER DEPARTMENTS AND AGENCIES.—In 
addition to the assistance prescribed in paragraph 
(1), departments and agencies of the United States 
may provide to the Commission such services, funds, 
facilities, staff, and other support services as they 
may determine advisable and as may be authorized 
by law. 
(e) GIFTS.—The Commission may accept, use, and 
dispose of gifts or donations of services or property. 
(f) POSTAL SERVICES.—The Commission may use 
the United States mails in the same manner and under 
the same conditions as departments and agencies of the 
United States. 
SEC. 1256. NONAPPLICABILITY OF FEDERAL ADVISORY 
COMMITTEE ACT. 
(a) IN GENERAL.—The Federal Advisory Committee 
Act (5 U.S.C. App.) shall not apply to the Commission. 
(b) PUBLIC MEETINGS AND RELEASE OF PUBLIC 
VERSIONS OF REPORTS.—The Commission shall— 
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215 
(1) hold public hearings and meetings to the ex-
tent appropriate; and 
(2) release public versions of the report re-
quired under section 1257. 
(c) PUBLIC HEARINGS.—Any public hearings of the 
Commission shall be conducted in a manner consistent 
with the protection of information provided to or developed 
for or by the Commission as required by any applicable 
statute, regulation, or Executive order. 
SEC. 1257. REPORT. 
Not later than 180 days after the appointment of the 
Commission, the Commission shall submit to the Presi-
dent and Congress a final report containing such findings, 
conclusions, and recommendations for corrective measures 
as have been agreed to by a majority of Commission mem-
bers. 
SEC. 1258. TERMINATION. 
(a) IN GENERAL.—The Commission, and all the au-
thorities of this subtitle, shall terminate 60 days after the 
date on which the final report is submitted under section 
1257. 
(b) ADMINISTRATIVE ACTIVITIES BEFORE TERMI-
NATION.—The Commission may use the 60-day period re-
ferred to in subsection (a) for the purpose of concluding 
its activities, including providing testimony to committees 
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of Congress concerning its report and disseminating the 
final report. 
TITLE 
XIII—NUCLEAR 
BLACK 
MARKET 
COUNTER-TER-
RORISM ACT 
SEC. 1301. SHORT TITLE. 
This title may be cited as the ‘‘Nuclear Black Market 
Counter-Terrorism Act of 2007’’. 
SEC. 1302. DEFINITIONS. 
In this title: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the Committee on Foreign Affairs, 
the Committee on Armed Services, the Permanent 
Select Committee on Intelligence, and the Com-
mittee on Appropriations of the House of Represent-
atives, and the Committee on Foreign Relations, the 
Committee on Armed Services, the Select Committee 
on Intelligence, and the Committee on Appropria-
tions of the Senate. 
(2) FOREIGN PERSON.—The term ‘‘foreign per-
son’’— 
(A) means any person who is not a citizen 
or national of the United States or lawfully ad-
mitted to the United States for permanent resi-
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dence under the Immigration and Nationality 
Act; 
(B) includes any foreign corporation, inter-
national organization, or foreign government; 
and 
(C) includes, for purposes of subsections 
(a) and (b) of section 1311, successors, assigns, 
subsidiaries, and subunits of the person de-
scribed in subparagraph (A) or (B) (as the case 
may be), and other business organizations or 
associations in which that person may be 
deemed to have a controlling interest. 
(3) PERSON.—The term ‘‘person’’— 
(A) means a natural person as well as a 
corporation, business association, partnership, 
society, trust, any other nongovernmental enti-
ty, organization, or group, and any govern-
mental entity, or subsidiary, subunit, or parent 
entity thereof, and any successor of any such 
entity; and 
(B) in the case of a country where it may 
be impossible to identify a specific governmental 
entity referred to in subparagraph (A), means 
all activities of that government relating to the 
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218 
development or production of any nuclear 
equipment or technology. 
(4) UNITED STATES FOREIGN ASSISTANCE.— 
The term ‘‘United States foreign assistance’’ means 
assistance under the foreign operations, export fi-
nancing, and related programs appropriations Act 
for a fiscal year, and assistance under the Foreign 
Assistance Act of 1961. 
Subtitle A—Sanctions for Transfers 
of Nuclear Enrichment, Reproc-
essing, 
and 
Weapons 
Tech-
nology, Equipment, and Mate-
rials Involving Foreign Persons 
and Terrorists 
SEC. 1311. AUTHORITY TO IMPOSE SANCTIONS ON FOREIGN 
PERSONS. 
(a) DETERMINATION OF NUCLEAR ACTIVITIES BY 
FOREIGN PERSONS.— 
(1) 
DETERMINATION.—Notwithstanding 
any 
other provision of law, the President shall impose 
the sanctions described in subsection (b) whenever 
the President determines that a foreign person, on 
or after the date of the enactment of this Act, par-
ticipated in the export, transfer or trade of— 
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219 
(A) nuclear enrichment or reprocessing 
equipment, materials, or technology to any non- 
nuclear-weapon state (as defined in section 
102(c) of the Arms Export Control Act) that— 
(i) does not possess functioning nu-
clear enrichment or reprocessing plants as 
of January 1, 2004; and 
(ii)(I) does not have in force an addi-
tional protocol with the International 
Atomic Energy Agency for the application 
of safeguards (as derived from IAEA docu-
ment INFCIRC/540 and related correc-
tions and additions); or 
(II) is developing, manufacturing, or 
acquiring a nuclear explosive device; or 
(B) any nuclear explosive device, or design 
information or component, equipment, mate-
rials, or other items or technology that— 
(i) is designated for national export 
controls under the Nuclear Supplier Group 
Guidelines for the Export of Nuclear Mate-
rial, Equipment and Technology (published 
by the International Atomic Energy Agen-
cy as IAEA document INFCIRC/254/Rev. 
6/Part 1 and subsequent revisions) and the 
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220 
Guidelines for Transfers of Nuclear-Re-
lated 
Dual-Use 
Equipment, 
Materials, 
Software and Related Technology (pub-
lished as IAEA document INFCIRC/254/ 
Rev. 5/ Part 2 and subsequent revisions); 
and 
(ii) contributes to the development, 
manufacture, or acquisition of a nuclear 
explosive device by— 
(I) a non-nuclear weapon state; 
or 
(II) a foreign person. 
(2) DEFINITION.—For purposes of paragraph 
(1), the term ‘‘participated’’ means sold, transferred, 
brokered, financed, assisted, delivered, or otherwise 
provided or received, and includes any conspiracy or 
attempt to engage in any of such activities, as well 
as facilitating such activities by any other person. 
(b) SANCTIONS.—The sanctions referred to in sub-
section (a) that are to be imposed on a foreign person are 
the following: 
(1) No assistance may be provided to the for-
eign person under the Foreign Assistance Act of 
1961, and the foreign person may not participate in 
any assistance program of the United States Gov-
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ernment. Any such assistance being provided to the 
foreign person, and any participation in such assist-
ance program by the foreign person, on the date on 
which the sanction under this paragraph is imposed 
shall be terminated as of such date. 
(2) The United States Government may not ex-
port to the foreign person, or grant a license or 
other approval to export to or import from the for-
eign person of, any defense articles, defense services, 
or design or construction services under the Foreign 
Assistance Act of 1961 or the Arms Export Control 
Act. Any contract to export such articles or services, 
or license or approval to export or import, under ei-
ther such Act, that is in effect on the date on which 
the sanction under this paragraph is imposed shall 
be terminated as of such date. 
(3) Licenses or any other approval may not be 
issued for the export to the foreign person of any 
goods or technology subject to the jurisdiction of the 
Export Administration Regulations under chapter 
VII of title 15, Code of Federal Regulations (or suc-
cessor regulations), other than food and other agri-
cultural commodities, medicines and medical equip-
ment. Any such license or approval that is in effect 
on the on the date on which the sanction under this 
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