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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1320 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1320

 To strengthen United States nonproliferation activities and to amend 
the Atomic Energy Act of 1954 to strengthen nuclear energy cooperation 
             and nonproliferation, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 1, 2011

Mr. Berman (for himself and Mr. Sherman) introduced the following bill; 
which was referred to the Committee on Foreign Affairs, 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 strengthen United States nonproliferation activities and to amend 
the Atomic Energy Act of 1954 to strengthen nuclear energy cooperation 
             and nonproliferation, and for other purposes.

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Nuclear 
Nonproliferation and Cooperation Act of 2011''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Definition.
    TITLE I--STRENGTHENING UNITED STATES NONPROLIFERATION ACTIVITIES

Sec. 101. Opposition of withdrawal of countries from NPT.
Sec. 102. Payment of United States dues to IAEA.
Sec. 103. Additional protocol as a criterion for United States 
                            assistance.
Sec. 104. Prohibition on assistance to state sponsors of proliferation 
                            of weapons of mass destruction.
Sec. 105. Report on comparability of nonproliferation conditions by 
                            foreign nuclear suppliers.
Sec. 106. Periodic security inspections on United States exports of 
                            nuclear material.
TITLE II--STRENGTHENING NUCLEAR ENERGY COOPERATION AND NONPROLIFERATION

Sec. 201. Additional nonproliferation conditions for new peaceful 
                            nuclear cooperation agreements.
Sec. 202. Requirement for negotiation by Secretary of State.
Sec. 203. Submission of proposed agreement to the President.
Sec. 204. New presidential certification of nonproliferation activities 
                            for submission of agreements to Congress.
Sec. 205. Congressional review, approval, and renewal of nuclear 
                            cooperation agreements.
Sec. 206. Multilateral organizations and collaboration.
Sec. 207. Congressional review procedures.
Sec. 208. Congressional review of significant changes to nuclear 
                            cooperation agreements.
Sec. 209. Requirement of liability protection for United States nuclear 
                            suppliers.
Sec. 210. Loan guarantees for countries that forego enrichment and 
                            reprocessing.

SEC. 2. DEFINITION.

    In this Act, the term ``appropriate congressional committees'' 
means the Committee on Foreign Affairs of the House of Representatives 
and the Committee on Foreign Relations of the Senate.

    TITLE I--STRENGTHENING UNITED STATES NONPROLIFERATION ACTIVITIES

SEC. 101. OPPOSITION OF WITHDRAWAL OF COUNTRIES FROM NPT.

    (a) Statement of Policy.--It is the policy of the United States to 
oppose the withdrawal of any country that is a party to the Treaty on 
the Non-Proliferation of Nuclear Weapons (hereinafter in this section 
referred to as the ``Treaty'') and to use all political, economic, and 
diplomatic means at its disposal to deter, prevent, and sanction any 
such withdrawal from the Treaty.
    (b) Limitation on Assistance.--Notwithstanding any other provision 
of law, no assistance (other than humanitarian assistance) under any 
provision of law may be provided to a country that withdraws from the 
Treaty on or after the date of the enactment of this Act.
    (c) Return of U.S.-Origin Materials, Equipment, or Components.--The 
United States shall, with respect to a country that withdraws from the 
Treaty, seek the return of--
            (1) any material, equipment, or components transferred to 
        the country under an agreement for cooperation that is in force 
        pursuant to the authority of section 123 of the Atomic Energy 
        Act of 1954 (42 U.S.C. 2153); and
            (2) any special fissionable material produced through the 
        use of such material, equipment, or components previously 
        transferred to the country.

SEC. 102. PAYMENT OF UNITED STATES DUES TO IAEA.

    Not later than January 31, 2013, and January 31 of each succeeding 
year, the United States shall pay its full assessed contribution to the 
regular operating budget of the International Atomic Energy Agency 
(IAEA).

SEC. 103. ADDITIONAL PROTOCOL AS A CRITERION FOR UNITED STATES 
              ASSISTANCE.

    (a) Statement of Policy.--It is the policy of the United States to 
ensure that each country that is a party to the Treaty on the Non-
Proliferation of Nuclear Weapons should bring into force an Additional 
Protocol to its safeguards agreement with the IAEA.
    (b) Criterion for Assistance.--The United States shall, when 
considering the provision of assistance under the Foreign Assistance 
Act of 1961 or the Arms Export Control Act, take into consideration 
whether the proposed recipient has in force an Additional Protocol to 
its safeguards agreement with the IAEA.

SEC. 104. PROHIBITION ON ASSISTANCE TO STATE SPONSORS OF PROLIFERATION 
              OF WEAPONS OF MASS DESTRUCTION.

    (a) Prohibition on Assistance.--The United States shall not provide 
any assistance under the Foreign Assistance Act of 1961, the Arms 
Export Control Act, the Food for Peace Act, the Peace Corps Act, or the 
Export-Import Bank Act of 1945 to any country if the Secretary of State 
determines that the government of the country has repeatedly provided 
support for acts of proliferation of equipment, technology, or 
materials to support the design, acquisition, manufacture, or use of 
weapons of mass destruction.
    (b) Publication of Determinations.--Each determination of the 
Secretary of State under subsection (a) shall be published in the 
Federal Register.
    (c) Rescission.--A determination of the Secretary of State under 
subsection (a) may not be rescinded unless the Secretary submits to the 
appropriate congressional committees--
            (1) before the proposed rescission would take effect, a 
        report certifying that--
                    (A) there has been a fundamental change in the 
                leadership and policies of the government of the 
                country concerned;
                    (B) the government is not supporting acts of 
                proliferation of equipment, technology, or materials to 
                support the design, acquisition, manufacture, or use of 
                weapons of mass destruction; and
                    (C) the government has provided assurances that it 
                will not support such acts in the future; or
            (2) at least 45 days before the proposed rescission would 
        take effect, a report justifying the rescission and certifying 
        that--
                    (A) the government of the country concerned has not 
                provided any support for acts of proliferation of 
                equipment, technology, or materials to support the 
                design, acquisition, manufacture, or use of weapons of 
                mass destruction during the preceding 24-month period; 
                and
                    (B) the government has provided assurances that it 
                will not support such acts of proliferation in the 
                future.
    (d) Waiver.--The President may waive the requirements of subsection 
(a) on a case-by-case basis if--
            (1) the President determines that national security 
        interests or humanitarian reasons justify a waiver of such 
        requirements, except that humanitarian reasons may not be used 
        to justify the waiver of such requirements to provide security 
        assistance under the Foreign Assistance Act of 1961, the Arms 
        Export Control Act, or the Export-Import Bank Act of 1945; and
            (2) at least 15 days before the waiver takes effect, the 
        President consults with the appropriate congressional 
        committees regarding the proposed waiver and submits to the 
        appropriate congressional committees a report containing--
                    (A) the name of the recipient country;
                    (B) a description of the national security 
                interests or humanitarian reasons that require the 
                waiver;
                    (C) the type and amount of and the justification 
                for the assistance to be provided pursuant to the 
                waiver; and
                    (D) the period of time during which such waiver 
                will be effective.

SEC. 105. REPORT ON COMPARABILITY OF NONPROLIFERATION CONDITIONS BY 
              FOREIGN NUCLEAR SUPPLIERS.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the President shall submit to the appropriate 
congressional committees a report on the extent to which each country 
that engages in exports of nuclear material, technology, or equipment 
for civil purposes (including exports of power and research nuclear 
reactors) requires nuclear nonproliferation conditions for export 
comparable to those under this Act or the Atomic Energy Act of 1954, as 
amended by this Act.
    (b) Matters To Be Included.--The report required by subsection (a) 
shall also include--
            (1) a detailed description of the extent to which the 
        exports of each country incorporate United States-origin 
        components, technology, or materials that require United States 
        approval for re-export;
            (2) a detailed description of civil nuclear-related trade 
        and investments by any entity from each such country in the 
        United States; and
            (3) a detailed list of any United States grants, 
        concessionary loans or loan guarantees, or any other incentive 
        or inducement to such country or entity related to nuclear 
        exports or investments in the United States.

SEC. 106. PERIODIC SECURITY INSPECTIONS ON UNITED STATES EXPORTS OF 
              NUCLEAR MATERIAL.

    The United States shall conduct periodic security inspections of 
all United States nuclear material that has been exported pursuant to a 
civil nuclear cooperation agreement under section 123 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2153), as amended by this Act, to ensure 
that adequate physical safeguards and accounting measures are in effect 
for such nuclear material.

TITLE II--STRENGTHENING NUCLEAR ENERGY COOPERATION AND NONPROLIFERATION

SEC. 201. ADDITIONAL NONPROLIFERATION CONDITIONS FOR NEW PEACEFUL 
              NUCLEAR COOPERATION AGREEMENTS.

    Section 123 a. of the Atomic Energy Act of 1954 (42 U.S.C. 2153 a.) 
is amended--
            (1) in paragraph (3), by inserting ``or acquired from any 
        other source'' after ``pursuant to such agreement'' each place 
        it appears;
            (2) in paragraph (4)--
                    (A) by striking ``or terminates'' and inserting ``, 
                terminates''; and
                    (B) by inserting at the end before the semicolon 
                the following: ``, or violates or abrogates any 
                provision contained within such agreement for 
                cooperation'';
            (3) in paragraph (6), by inserting ``or acquired from any 
        source'' after ``agreement'' each place it appears;
            (4) in paragraph (8), by striking ``and'' at the end;
            (5) by inserting after paragraph (9) the following:
            ``(10) except in the case of agreements arranged pursuant 
        to section 91 c., 144 b., 144 c., or 144 d., a guaranty by the 
        cooperating party that if the country is a non-nuclear weapon 
        state, a restriction that no cooperation may occur with the 
        cooperating party until an Additional Protocol for safeguards 
        with the International Atomic Energy Agency has entered into 
        force for the cooperating party;
            ``(11) a guaranty by the cooperating party that no 
        nationals of a third country will be permitted access to any 
        reactor, related equipment, or any sensitive materials 
        transferred under the agreement for cooperation without the 
        prior consent of the United States; and
            ``(12) if the cooperating party does not operate enrichment 
        or reprocessing facilities, a requirement as part of the 
        agreement for cooperation or a binding addendum or other 
        document that is considered part of the agreement, that no 
        enrichment or reprocessing activities, or construction of 
        facilities for such activities, will occur within the territory 
        over which the country exercises sovereignty, unless such 
        activities are pursued as part of a multilateral consortium of 
        countries that are state parties to the Treaty on the Non-
        Proliferation of Nuclear Weapons in good standing, and with the 
        explicit support of the United States, and granting the United 
        States the right to terminate such agreement if such 
        requirement is violated, abrogated, or otherwise revoked.''; 
        and
            (6) by striking the matter following paragraph (12) (as 
        added by paragraph (5) of this section).

SEC. 202. REQUIREMENT FOR NEGOTIATION BY SECRETARY OF STATE.

    Section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) is 
amended by striking subsection b. and inserting the following:
    ``b. Requirement for Negotiation by Secretary of State.--Except in 
the case of those agreements for cooperation arranged pursuant to 
section 91 c., 144 b., 144 c., or 144 d., any proposed agreement for 
cooperation shall be negotiated by the Secretary of State, with the 
technical assistance and concurrence of the Secretary of Energy.''.

SEC. 203. SUBMISSION OF PROPOSED AGREEMENT TO THE PRESIDENT.

    Section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153), as 
amended by this Act, is further amended by striking subsection c. and 
inserting the following:
    ``c. Submission of Proposed Agreement to the President.--
            ``(1) In general.--After consultation with the Nuclear 
        Regulatory Commission, such agreement shall be submitted to the 
        President jointly by the Secretary of State and the Secretary 
        of Energy accompanied by the views and recommendations of the 
        Secretary of State, the Secretary of Energy and the Nuclear 
        Regulatory Commission.
            ``(2) Nuclear proliferation assessment statement.--The 
        Secretary of State shall also provide to the President an 
        unclassified Nuclear Proliferation Assessment Statement, which 
        shall--
                    ``(A) analyze the consistency of the text of the 
                proposed agreement for cooperation with all the 
                requirements of this Act, with specific attention to 
                whether the proposed agreement is consistent with each 
                of the criteria set forth in subsection a.; and
                    ``(B) assess the adequacy of the safeguards and 
                other control mechanisms and the peaceful use 
                assurances contained in the agreement for cooperation 
                to ensure that any assistance furnished thereunder will 
                not be used to further any military or nuclear 
                explosive purpose. Each Nuclear Proliferation 
                Assessment Statement prepared pursuant to this Act 
                shall be accompanied by a classified annex, prepared in 
                consultation with the Director of National 
                Intelligence, summarizing relevant classified 
                information.
            ``(3) Submission requirements.--In the case of an agreement 
        for cooperation arranged pursuant to--
                    ``(A) section 91 c., 144 b., 144 c., or 144 d., the 
                agreement shall be submitted to the President by the 
                Secretary of Energy; and
                    ``(B) section 91 c. or 144 b., which is to be 
                implemented by the Department of Defense, the agreement 
                shall be submitted to the President by the Secretary of 
                Defense.''.

SEC. 204. NEW PRESIDENTIAL CERTIFICATION OF NONPROLIFERATION ACTIVITIES 
              FOR SUBMISSION OF AGREEMENTS TO CONGRESS.

    Section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153), as 
amended by this Act, is further amended by striking subsection d. and 
inserting the following:
    ``d. Submission of Agreements to Congress.--
            ``(1) Submission.--
                    ``(A) In general.--The President shall submit the 
                text of the proposed agreement for cooperation to the 
                Committee on Foreign Affairs of the House of 
                Representatives and the Committee on Foreign Relations 
                of the Senate, together with--
                            ``(i) an unclassified Nuclear Proliferation 
                        Assessment Statement and any classified annex 
                        thereto;
                            ``(ii) the President's determination that 
                        the proposed agreement is consistent with all 
                        the requirements of subsection a., and that the 
                        proposed agreement will promote, and will not 
                        constitute an unreasonable risk to, the common 
                        defense and security of the United States;
                            ``(iii) the President's statement that the 
                        President has approved and authorized the 
                        execution of the proposed agreement for 
                        cooperation; and
                            ``(iv) subject to subparagraph (B), the 
                        President's determination that the cooperating 
                        party--
                                    ``(I) has not engaged in a 
                                significant transfer of material, 
                                equipment, or technology for the 
                                production of nuclear, chemical, or 
                                biological weapons to another country;
                                    ``(II) has cooperated with United 
                                States efforts to halt the 
                                proliferation of such material, 
                                equipment or technology;
                                    ``(III) has not engaged in 
                                significant transfers contrary to the 
                                Guidelines of the Nuclear Suppliers 
                                Group or the Australia Group; and
                                    ``(IV) has established and 
                                maintains an effective export control 
                                system to guard against illicit 
                                transfers of such material, equipment, 
                                or technology.
                    ``(B) Time period.--In making a determination under 
                subparagraph (A)(iv), the President shall--
                            ``(i) for a country with respect to which 
                        the United States has not heretofore entered 
                        into an agreement for cooperation, review the 
                        10-year period ending on the date of submission 
                        of the proposed agreement for cooperation under 
                        subparagraph (A); and
                            ``(ii) for a country with respect to which 
                        the United States has heretofore entered into 
                        one or more agreements for peaceful nuclear 
                        cooperation, review the period beginning on the 
                        date of entry into force of the most recent 
                        such agreement for peaceful nuclear cooperation 
                        and ending on the date of submission of the 
                        proposed agreement for cooperation under 
                        subparagraph (A).
            ``(2) Additional submission requirements.--In the case of 
        an agreement for cooperation arranged pursuant to section 91 
        c., 144 b., 144 c., or 144 d., the proposed agreement shall 
        also be submitted to the Committee on Armed Services of the 
        House of Representatives and the Committee on Armed Services of 
        the Senate, along with the documents and determinations 
        required under subparagraph (A).''.

SEC. 205. CONGRESSIONAL REVIEW, APPROVAL, AND RENEWAL OF NUCLEAR 
              COOPERATION AGREEMENTS.

    Section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153), as 
amended by this Act, is further amended by striking subsection e. and 
inserting the following:
    ``e. Congressional Review Period; Action.--
            ``(1) In general.--Any proposed agreement for cooperation 
        that meets each of the applicable requirements of subsection a. 
        may be brought into effect 60 legislative days after the 
        President has submitted the agreement and documentation 
        required by subsection d., unless during such period the 
        Congress adopts, and there is enacted, a joint resolution 
        stating in substance that Congress does not favor the proposed 
        agreement for cooperation.
            ``(2) Special procedures.--
                    ``(A) Non-compliant agreements and activities of 
                concern.--Notwithstanding the requirements of 
                subsection d., the President may submit a proposed 
                agreement to Congress that does not meet each of the 
                applicable requirements of subsection a., or with 
                respect to which the President is unable to make each 
                of the determinations required under subsection d.(1). 
                Such agreement shall not enter into force unless and 
                until the Congress adopts, and there is enacted, a 
                joint resolution stating in substance that Congress 
                does favor the proposed agreement for cooperation.
                    ``(B) Renewal of prior agreements.--A proposed 
                agreement for cooperation--
                            ``(i) which renews or replaces a pre-
                        existing agreement for cooperation that has 
                        expired or will expire not later than 1 year 
                        beginning on the date of submission of the 
                        proposed agreement for cooperation under 
                        subsection d., and
                            ``(ii) which satisfies each of the 
                        requirements under subsection a.,
                may be brought into effect beginning 30 calendar days 
                after the date of submission of the proposed agreement 
                for cooperation under subsection d.
            ``(3) Consideration.--Any such proposed agreement for 
        cooperation shall be considered pursuant to the procedures set 
        forth in section 130 g.
            ``(4) Expiration of congressional review.--Any proposed 
        agreement for cooperation that has not lain before the Congress 
        for 60 legislative days, or has not been approved by Congress 
        as provided for under this section, before the adjournment sine 
        die of such Congress, shall not become effective. Any 
        submission of such agreement to a new Congress at the 
        discretion of the President, shall be considered a new 
        submission for the purposes of this section, and must satisfy 
        the appropriate requirements of this section before it can 
        become effective.''.

SEC. 206. MULTILATERAL ORGANIZATIONS AND COLLABORATION.

    (a) In General.--Section 124 of the Atomic Energy Act of 1954 (42 
U.S.C. 2154) is amended--
            (1) in the heading, by striking ``international atomic 
        pool'' and inserting ``multilateral organizations and 
        collaboration''; and
            (2) by inserting ``, including multilateral enrichment 
        activities,'' after ``atomic energy''.
    (b) Clerical Amendment.--The table of contents for the Atomic 
Energy Act of 1954 is amended by striking the item relating to section 
124 and inserting the following:

``Sec. 124. Multilateral organizations and collaboration.''.

SEC. 207. CONGRESSIONAL REVIEW PROCEDURES.

    Section 130 of the Atomic Energy Act of 1954 (42 U.S.C. 2159) is 
amended--
            (1) by striking ``days of continuous session'' each place 
        it appears and inserting ``legislative days'';
            (2) by striking subsections g. and i.; and
            (3) by inserting after subsection f. the following:
    ``g. Congressional Review Procedures.--
            ``(1) In general.--All joint resolutions under this chapter 
        that are introduced in the House of Representatives shall be 
        referred to the Committee on Foreign Affairs, and all joint 
        resolutions introduced in the Senate shall be referred to the 
        Committee on Foreign Relations and in addition, in the case of 
        a proposed agreement for cooperation arranged pursuant to 
        section 91c., 144b., or 144c., the Committee on Armed Services.
            ``(2) Discharge of resolutions.--If the committee of either 
        House to which a joint resolution has been referred has not 
        reported it at the end of 45 legislative days after its 
        introduction, the committee shall be discharged from further 
        consideration of the joint resolution.
            ``(3) Joint resolution.--
                    ``(A) In general.--A joint resolution under this 
                section shall be considered in the Senate in accordance 
                with the provisions of section 601(b)(4) of the 
                International Security Assistance and Arms Export 
                Control Act of 1976. For the purpose of expediting the 
                consideration and passage of joint resolutions reported 
                or discharged pursuant to the provisions of this 
                subsection, it shall be in order for the committee on 
                Rules of the House of Representatives to present for 
                consideration a resolution of the House of 
                Representatives providing procedures for the immediate 
                consideration of a joint resolution under this 
                subsection which may be similar, if applicable, to the 
                procedures set forth in section 601(b)(4) of the 
                International Security Assistance and Arms Export 
                Control Act of 1976.
                    ``(B) More than one joint resolution.--In the case 
                of a joint resolution described in subsection (a), if 
                prior to the passage by one House of a joint resolution 
                of that House, that House receives a joint resolution 
                with respect to the same matter from the other House, 
                then--
                            ``(i) the procedure in that House shall be 
                        the same as if no joint resolution had been 
                        received from the other House; but
                            ``(ii) the vote on final passage shall be 
                        on the joint resolution of the other House.
                    ``(C) Definition.--For the purposes of this 
                subsection, the term `joint resolution' means a joint 
                resolution, the matter after the resolving clause of 
                which is as follows: `That the Congress (does or does 
                not) favor the proposed agreement for cooperation 
                transmitted to the Congress by the President on _____,' 
                with the date of the transmission of the proposed 
                agreement for cooperation inserted in the blank, and 
                the affirmative or negative phrase within the 
                parenthetical appropriately selected, along with any 
                other provisions.
            ``(4) Rulemaking power of congress.--This section is 
        enacted by Congress--
                    ``(A) as an exercise of the rulemaking power of the 
                Senate and the House of Representatives, respectively, 
                and as such they are deemed a part of the rules of each 
                House, respectively, but applicable only with respect 
                to the procedure to be followed in that House in the 
                case of resolutions described by this section, and they 
                supersede other rules only to the extent that they are 
                inconsistent therewith; and
                    ``(B) with full recognition of the constitutional 
                right of either House to change the rules (so far as 
                relating to the procedure of that House) at any time, 
                in the same manner and to the same extent as in the 
                case of any other rule of that House.''.

SEC. 208. CONGRESSIONAL REVIEW OF SIGNIFICANT CHANGES TO NUCLEAR 
              COOPERATION AGREEMENTS.

    Section 131 of the Atomic Energy Act of 1954 (42 U.S.C. 2160) is 
amended by adding at the end the following:
    ``(g) Congressional Review; Disapproval.--Any subsequent 
arrangement that--
            ``(1) significantly alters the terms of an agreement of 
        cooperation that has come into effect pursuant to the 
        requirements of section 123 e., or
            ``(2) is negotiated pursuant to an exempted agreement,
shall not come into effect until it has lain before Congress for 45 
legislative days, unless Congress has enacted a joint resolution of 
disapproval during such 45 day period.''.

SEC. 209. REQUIREMENT OF LIABILITY PROTECTION FOR UNITED STATES NUCLEAR 
              SUPPLIERS.

    (a) In General.--Chapter 11 of title I of the Atomic Energy Act of 
1954 (42 U.S.C. 2011 et seq.) is amended by adding at the end the 
following:

``SEC. 135. REQUIREMENT OF LIABILITY PROTECTION FOR UNITED STATES 
              NUCLEAR SUPPLIERS.

    ``The President may not issue a license for the export of nuclear 
material, facilities, components, or other goods, services or 
technology to a country pursuant to an agreement that has entered into 
force after the date of the enactment of this section unless the 
President determines that the country has liability protection for 
United States nuclear suppliers that is equivalent to the liability 
protection specified under the Convention on Supplementary Compensation 
for Nuclear Damage.''.
    (b) Clerical Amendment.--The table of contents for the Atomic 
Energy Act of 1954, as amended by this Act, is further amended by 
inserting after the item relating to section 134 the following new 
item:

``Sec. 135. Requirement of liability protection for United States 
                            nuclear suppliers.''.

SEC. 210. LOAN GUARANTEES FOR COUNTRIES THAT FOREGO ENRICHMENT AND 
              REPROCESSING.

    (a) In General.--Chapter 11 of title I of the Atomic Energy Act of 
1954 (42 U.S.C. 2011 et seq.), as amended by this Act, is further 
amended by adding at the end the following:

``SEC. 136. LOAN GUARANTEES FOR COUNTRIES THAT FOREGO ENRICHMENT AND 
              REPROCESSING.

    ``(a) In General.--The President, acting through the Overseas 
Private Investment Corporation, is authorized to make loan guarantees 
to countries with which the United States has an agreement for 
cooperation in force pursuant to section 123, on such terms and 
conditions as the President determines, subject to subsection (b).
    ``(b) Specific Appropriation or Contribution.--No loan guarantee 
may be made under subsection (a) unless--
            ``(1) an appropriation for the cost has been made; or
            ``(2) the President has received from the borrower a 
        payment in full for the cost of the obligation and deposited 
        the payment into the Treasury of the United States.''.
    (b) Clerical Amendment.--The table of contents for the Atomic 
Energy Act of 1954, as amended by this Act, is further amended by 
inserting after the item relating to section 135, as added by section 
209(b) of this Act, the following new item:

``Sec. 136. Loan guarantees for countries that forego enrichment and 
                            reprocessing.''.
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