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 Com-
mittee 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 
1. 
AGREEMENTS 
FOR 
COOPERATION 
WITH 
STATES NOT PARTY TO THE TREATY ON THE 
NON-PROLIFERATION OF NUCLEAR WEAP-
ONS. 
(a) IN GENERAL.—Chapter 11 of title I of the Atomic 
Energy Act of 1954 (42 U.S.C. 2151 et seq.) is amended 
by inserting after section 123 the following new section: 
VerDate Aug 31 2005 
22:55 May 23, 2006
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5430.IH
H5430
sroberts on PROD1PC70 with BILLS
‘‘NUCLEAR COOPERATION WITH STATES NOT PARTY TO 
THE TREATY ON THE NON-PROLIFERATION OF NU-
CLEAR WEAPONS 
‘‘SEC. 123A. a. REQUIREMENTS.—Cooperation may 
be undertaken under section 53, 54 a., 57, 64, 82, 103, 
or 104 with a state that is not a party to the Treaty on 
the Non-Proliferation of Nuclear Weapons as of January 
2002, if that state— 
‘‘(1) has not carried out any nuclear weapon 
test explosion or any other nuclear explosion after 
May 1998, and is adhering to a unilateral morato-
rium on carrying out any such explosion, or has 
signed and is adhering to a multilateral treaty pro-
hibiting any such explosion; 
‘‘(2) either— 
‘‘(A) is adhering to a unilateral morato-
rium on the production of fissile material for 
nuclear weapons; 
‘‘(B) is adhering to a multilateral morato-
rium on the production of fissile material for 
nuclear weapons; or 
‘‘(C) has signed and is adhering to a mul-
tilateral treaty banning the production of fissile 
material for nuclear weapons; 
VerDate Aug 31 2005 
22:55 May 23, 2006
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5430.IH
H5430
sroberts on PROD1PC70 with BILLS
‘‘(3) has provided the United States and the 
International Atomic Energy Agency with a credible 
and comprehensive plan to separate all civil and 
military nuclear facilities, materials, and programs; 
‘‘(4) has entered into and is implementing an 
agreement with the IAEA requiring the application 
of safeguards in perpetuity to civil nuclear facilities 
and associated nuclear materials as declared in the 
plan described in paragraph (3); 
‘‘(5) has provided credible assurances, as part 
of the plan described in paragraph (3), that all fu-
ture nuclear reactors that generate electricity will be 
designated as civil and placed under IAEA safe-
guards in perpetuity; 
‘‘(6) has signed and ratified, and is imple-
menting, an IAEA Additional Protocol; 
‘‘(7) is playing an active and constructive role 
in addressing nuclear proliferation challenges posed 
by states of proliferation concern, preventing illicit 
nuclear transactions, and eliminating illicit nuclear 
commercial networks; 
‘‘(8) has established, and is successfully imple-
menting, a national export control system capable of 
effectively controlling transfers of nuclear and nu-
clear-related material, equipment, technology, and 
VerDate Aug 31 2005 
22:55 May 23, 2006
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5430.IH
H5430
sroberts on PROD1PC70 with BILLS
related data, including stringent rules and proce-
dures prohibiting unauthorized contacts and co-
operation by personnel with nuclear expertise; 
‘‘(9) is adhering to the guidelines of the Nu-
clear Suppliers Group and the Missile Technology 
Control Regime; 
‘‘(10) has committed not to export enrichment, 
reprocessing, or other sensitive fuel-cycle equipment 
or technology to states that do not possess such 
equipment or technology or to any nongovernmental 
entity; 
‘‘(11) is applying stringent physical protection, 
control, and accountancy measures to all nuclear 
weapons, nuclear facilities, source material, and spe-
cial nuclear material in its territory; 
‘‘(12) is in full compliance with any nuclear co-
operation agreement previously entered into with the 
United States and with any derivative obligations 
stemming from such agreement that continue to 
apply; 
‘‘(13) is not engaged in illicit efforts to procure 
materials, equipment, or technology for a nuclear 
weapons program; 
VerDate Aug 31 2005 
22:55 May 23, 2006
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5430.IH
H5430
sroberts on PROD1PC70 with BILLS
‘‘(14) has a democratically-elected government 
that exerts effective control over the armed forces in 
its territory; and 
‘‘(15) meets the requirements under paragraphs 
(1), (3), (4), (5), (6), (7), (8), and (9) of section 123 
a. 
‘‘b. EXCLUSIONS.—No cooperation under this section 
may include the transfer of any enrichment or reprocess-
ing equipment or technology, heavy water, or the means 
to produce heavy water. 
‘‘c. 
PROCEDURAL
REQUIREMENTS.—Cooperation 
under this section shall become effective only if— 
‘‘(1) the President certifies to the Congress that 
all the requirements set forth in subsection a. have 
been met; 
‘‘(2) the President certifies to the Congress that 
the agreement between the state with which an 
agreement for cooperation has been entered into and 
the IAEA requiring the application of safeguards in 
perpetuity to civil nuclear facilities and associated 
nuclear materials conforms substantially to IAEA 
safeguards standards, principles, and practices; 
‘‘(3) the President, after meeting the require-
ments under paragraphs (1)) and (2), submits the 
proposed agreement for cooperation to the Congress, 
VerDate Aug 31 2005 
22:55 May 23, 2006
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5430.IH
H5430
sroberts on PROD1PC70 with BILLS
and, within a period of 60 days of continuous ses-
sion (as defined in section 130 g.) beginning on the 
date of the submission, the Congress adopts, and 
there is enacted, a joint resolution stating that the 
Congress does favor the agreement; and 
‘‘(4) the President certifies to the Congress that 
the NSG has reached a consensus decision to allow 
NSG participating governments to transfer trigger 
list items and related technology for use in civil nu-
clear facilities to the state with which an agreement 
for cooperation has been entered into, and that such 
decision does not allow transfers of nuclear or nu-
clear-related material, equipment, or technology that 
is prohibited under United States law or the terms 
of the agreement for cooperation with that state. 
Any such proposed agreement for cooperation shall be con-
sidered pursuant to the procedures set forth in section 130 
i. for the consideration of Presidential submissions. 
‘‘d. INAPPLICABILITY OF CERTAIN PROVISIONS.— 
‘‘(1) PRIOR ACTIVITIES.—Section 129 shall not 
apply to a state with which an agreement for co-
operation is entered into under this section, with re-
spect to actions by that state before January 1, 
2006. 
VerDate Aug 31 2005 
22:55 May 23, 2006
Jkt 049200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5430.IH
H5430
sroberts on PROD1PC70 with BILLS
‘‘(2) FUTURE ACTIVITIES.—Section 129(1)(D) 
shall not apply to a state with which an agreement 
for cooperation is entered into under this section, 
with respect to actions by that state after the enact-
ment of this section 
‘‘e. CONDUCT RESULTING IN TERMINATION OF NU-
CLEAR EXPORTS.— 
‘‘(1) IN GENERAL.—Nuclear or nuclear-related 
material, equipment, or technology may not be ex-
ported to a state with which an agreement for co-
operation has been entered into under this section if 
the President determines the state, or any person or 
entity under the jurisdiction of the state, has— 
‘‘(A) materially violated the agreement for 
cooperation with the United States, 
‘‘(B) terminated or abrogated IAEA safe-
guards that the state is required to maintain, 
‘‘(C) materially violated an IAEA safe-
guards agreement, 
‘‘(D) made any transfers of nuclear or nu-
clear-related material, equipment or technology 
that do not conform to NSG guidelines, 
‘‘(E) made any transfers of ballistic mis-
siles or missile-related equipment or technology 
that does not conform to MTCR guidelines, 
VerDate Aug 31 2005 
22:55 May 23, 2006
Jkt 049200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5430.IH
H5430
sroberts on PROD1PC70 with BILLS
‘‘(F) produced fissile material for nuclear 
weapons, 
‘‘(G) carried out any nuclear weapon test 
explosion or any other nuclear explosion, or 
‘‘(H) assisted, encouraged, or induced any 
non-nuclear weapon state to engage in activities 
involving source and special nuclear material 
and having direct significance for the manufac-
ture or acquisition of nuclear explosive devices, 
unless the President determines that cessation of 
such exports would be seriously prejudicial to the 
achievement of United States non-proliferation ob-
jectives or otherwise jeopardize the common defense 
and security. 
‘‘(2) CONGRESSIONAL REVIEW.— 
‘‘(A) IN
GENERAL.—A determination of 
the President under paragraph (1) regarding 
cessation of exports being seriously prejudicial 
shall become effective only if— 
‘‘(i) the President submits the deter-
mination, together with a report containing 
the reasons for the determination, to the 
Congress; and 
‘‘(ii) during the period of 60 days of 
continuous session (as defined in sub-
VerDate Aug 31 2005 
22:55 May 23, 2006
Jkt 049200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H5430.IH
H5430
sroberts on PROD1PC70 with BILLS
section 130 g.) after the submission of the 
determination under clause (i), there is en-
acted a joint resolution stating in sub-
stance that the Congress does favor the de-
termination. 
‘‘(B) PROCEDURES.—Any determination of 
the President submitted to the Congress under 
subparagraph (A)— 
‘‘(i) shall be referred to the Com-
mittee on International Relations of the 
House of Representatives and the Com-
mittee on Foreign Relations of the Senate; 
and 
‘‘(ii) shall be considered pursuant to 
the procedures set forth in section 130 for 
the consideration of Presidential submis-
sions, except that the reference in sub-
section f. of that section to a concurrent 
resolution shall be deemed to refer to a 
joint resolution. 
‘‘f. ANNUAL REPORT.—For each state that has en-
tered into an agreement for cooperation under this section, 
the President shall submit to the Congress, not later than 
1 year after such agreement has been entered into, and 
every 12 months thereafter, a report containing the Presi-
VerDate Aug 31 2005 
22:55 May 23, 2006
Jkt 049200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H5430.IH
H5430
sroberts on PROD1PC70 with BILLS
dent’s assessment of that state with respect to the matters 
addressed in subparagraphs (A) through (H) of subsection 
e.(1). 
‘‘g. DEFINITIONS.—In this section: 
‘‘(1) IAEA.—The term ‘IAEA’ means the 
International Atomic Energy Agency. 
‘‘(2) MTCR.—The term ‘MTCR’ means the 
Missile Technology Control Regime. 
‘‘(3) NSG.—The term ‘NSG’ means the Nu-
clear Suppliers Group.’’. 
(b) CONFORMING AMENDMENT.—Section 130 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2159) is amend-
ed— 
(1) in subsection a., by striking ‘‘subsection 126 
a. (2)’’ and inserting ‘‘section 123A e. (2), 126 a. 
(2)’’; and 
(2) in subsection i. (2), by inserting ‘‘or 123A 
d.’’ after ‘‘123 d.’’. 
Æ 
VerDate Aug 31 2005 
22:55 May 23, 2006
Jkt 049200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6301
E:\BILLS\H5430.IH
H5430
sroberts on PROD1PC70 with BILLS