I 

112TH CONGRESS 

1ST SESSION H. R. 1280 

To amend the Atomic Energy Act of 1954 to require congressional approval 

of agreements for peaceful nuclear cooperation with foreign countries, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 31, 2011 

Ms. ROS-LEHTINEN (for herself, Mr. BERMAN, Mr. ROYCE, Mr. SHERMAN, 

Mr. FORTENBERRY, and Mr. MARKEY) 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 amend the Atomic Energy Act of 1954 to require congressional approval of agreements for peaceful nuclear 

cooperation with foreign countries, and for other purposes. 

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


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1 SECTION 1. REQUIREMENT FOR CONGRESSIONAL AP2 PROVAL OF AGREEMENTS FOR PEACEFUL 

3 NUCLEAR COOPERATION. 

4 (a) COOPERATION WITH OTHER NATIONS.—Section 

5 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) 

6 is amended— 

7 (1) in the matter preceding subsection a., by 

8 striking ‘‘No cooperation’’ and inserting ‘‘Subject to 

9 subsection f., no cooperation’’; 

10 (2) in subsection a.— 

11 (A) in paragraph (3), by inserting ‘‘or ac12 quired from any other source’’ after ‘‘pursuant 

13 to such agreement’’ each place it appears; 

14 (B) in paragraph (4)— 

15 (i) by striking ‘‘or terminates or’’ and 

16 inserting ‘‘, terminates,’’; and 

17 (ii) by inserting ‘‘, or violates or abro18 gates any provision contained within such 

19 agreement’’ after ‘‘IAEA safeguards’’; 

20 (C) in paragraph (6), by inserting ‘‘or ac21 quired from any other source’’ after ‘‘agree22 ment’’ each place it appears; 

23 (D) in paragraph (8), by striking ‘‘and’’ at 

24 the end; 

25 (E) in paragraph (9), by striking the pe26 riod at the end and inserting a semicolon; and 


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1 (F) by adding at the end the following new 

2 paragraphs: 

3 ‘‘(10) a guaranty by the cooperating party 

4 that no nationals of a third country shall be 

5 permitted access to any reactor, related equip6 ment, or sensitive materials transferred under 

7 the agreement for cooperation without the prior 

8 consent of the United States; and 

9 ‘‘(11) if the cooperating party does not op10 erate, as of April 1, 2011, enrichment or re11 processing facilities, a requirement as part of 

12 the agreement for cooperation or other legally 

13 binding document that is considered part of the 

14 agreement that no enrichment or reprocessing 

15 activities, or acquisition or construction of fa16 cilities for such activities, will occur within the 

17 territory over which the cooperating party exer18 cises sovereignty.’’; 

19 (3) in subsection c., by striking ‘‘and’’ at the 

20 end; 

21 (4) in subsection d.— 

22 (A) in the first sentence— 

23 (i) by striking ‘‘not’’ the first and sec24 ond place it appears; 


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1 (ii) by inserting ‘‘only’’ after ‘‘effec2 tive’’ the first place it appears; and 

3 (iii) by striking ‘‘: Provided further,’’ 

4 and all that follows through ‘‘such agree5 ment’’; and 

6 (B) by striking the final period and insert7 ing ‘‘; and’’; 

8 (5) by redesignating subsection e. as subsection 

9 f.; and 

10 (6) by inserting immediately after subsection d. 

11 the following new subsection: 

12 ‘‘e. the cooperating party— 

13 ‘‘(1) has acceded to and is fully imple14 menting the provisions and guidelines of— 

15 ‘‘(A) the Convention on the Prohibi16 tion of the Development, Production, 

17 Stockpiling and Use of Chemical Weapons 

18 and on their Destruction (commonly 

19 known as the ‘Chemical Weapons Conven20 tion’); 

21 ‘‘(B) the Convention on the Prohibi22 tion of the Development, Production and 

23 Stockpiling of Bacteriological and Toxin 

24 Weapons and on their Destruction (comVerDate Mar 15 2010 04:43 Apr 01, 2011 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1280.IH H1280

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1 monly known as the ‘Biological Weapons 

2 Convention’); and 

3 ‘‘(C) all other international agree4 ments to which the United States is a 

5 party regarding the export of nuclear, 

6 chemical, biological, and advanced conven7 tional weapons, including missiles and 

8 other delivery systems; 

9 ‘‘(2) has established and is fully imple10 menting an effective export control system, in11 cluding fully implementing the provisions and 

12 guidelines of United Nations Security Council 

13 Resolution 1540; 

14 ‘‘(3) is in full compliance with all United 

15 Nations conventions to which the United States 

16 is a party and all Security Council resolutions 

17 regarding the prevention of the proliferation of 

18 weapons of mass destruction, including— 

19 ‘‘(A) the Convention on the Physical 

20 Protection of Nuclear Material; and 

21 ‘‘(B) the United Nations International 

22 Convention for the Suppression of Acts of 

23 Nuclear Terrorism; 

24 ‘‘(4) is not a Destination of Diversion Con25 cern under section 303 of the Comprehensive 


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1 Iran Sanctions, Accountability, and Divestment 

2 Act of 2010 (Public Law 111–195); 

3 ‘‘(5) is closely cooperating with the United 

4 States to prevent state sponsors of terrorism 

5 (the term ‘state sponsor of terrorism’ means a 

6 country the government of which has been de7 termined by the Secretary of State, for pur8 poses of section 6(j) of the Export Administra9 tion Act of 1979, section 620A of the Foreign 

10 Assistance Act of 1961, section 40 of the Arms 

11 Export Control Act, or other provision of law, 

12 is a government that has repeatedly provided 

13 support for acts of international terrorism) 

14 from— 

15 ‘‘(A) acquiring or developing chemical, 

16 biological, or nuclear weapons or related 

17 technologies; or 

18 ‘‘(B) acquiring or developing desta19 bilizing numbers and types of advanced 

20 conventional weapons, including ballistic 

21 missiles; and 

22 ‘‘(6) has signed, ratified, and is fully im23 plementing an Additional Protocol to its safe24 guards agreement with the International Atom25 ic Energy Agency.’’. 


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1 (b) SUBSEQUENT ARRANGEMENTS.—Section 131 a. 

2 (1) of such Act (42 U.S.C. 2160 a.(1)) is amended— 

3 (1) in the second sentence, by striking ‘‘secu4 rity,’’ and all that follows through ‘‘publication.’’ 

5 and inserting ‘‘security.’’; and 

6 (2) by inserting after the second sentence the 

7 following new sentences: ‘‘Such subsequent arrange8 ment shall become effective only if Congress enacts 

9 a joint resolution of approval according to the proce10 dures of sections 123 d. and 130 i. of this Act. Any 

11 such nuclear proliferation assessment statement 

12 shall be submitted to the Committee on Foreign Af13 fairs of the House of Representatives and the Com14 mittee on Foreign Relations of the Senate not later 

15 than the 31st day of continuous session after sub16 mission of the subsequent arrangement.’’. 

17 SEC. 2. WITHDRAWAL FROM THE TREATY ON THE NON18 PROLIFERATION OF NUCLEAR WEAPONS. 

19 (a) STATEMENT OF POLICY.—It is the policy of the 

20 United States to oppose the withdrawal of any country 

21 that is a party to the Treaty on the Non-Proliferation of 

22 Nuclear Weapons (in this section referred to as the ‘‘Trea23 ty’’) and to use all political, economic, and diplomatic 

24 means at its disposal to deter, prevent, or reverse any such 

25 withdrawal from the Treaty. 


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1 (b) PROHIBITION ON CERTAIN ASSISTANCE.—Not2 withstanding any other provision of law, no assistance 

3 (other than humanitarian assistance) under any provision 

4 of law may be provided to a country that has withdrawn 

5 from the Treaty. 

6 (c) RETURN OF ALL UNITED STATES-ORIGIN MATE7 RIALS AND EQUIPMENT.—The United States shall seek 

8 the return of any material, equipment, or components 

9 transferred under an agreement for civil nuclear coopera10 tion that is in force pursuant to section 123 of the Atomic 

11 Energy Act of 1954 (42 U.S.C. 2153) on or after the date 

12 of the enactment of this Act, and any special fissionable 

13 material produced through the use of such material, equip14 ment, or components previously provided to a country that 

15 withdraws from the Treaty. 

16 SEC. 3. REPORT ON COMPARABILITY OF NONPROLIFERA17 TION CONDITIONS BY FOREIGN NUCLEAR 

18 SUPPLIERS. 

19 Not later than 180 days after the date of the enact20 ment of this Act, the President shall transmit to the Com21 mittee on Foreign Affairs of the House of Representatives 

22 and the Committee on Foreign Relations of the Senate 

23 a report on the extent to which each country that engages 

24 in civil nuclear exports (including power and research nu25 clear reactors) requires nuclear nonproliferation requireVerDate Mar 15 2010 04:43 Apr 01, 2011 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1280.IH H1280

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1 ments as conditions for export comparable to those under 

2 this Act. Such report shall also— 

3 (1) detail the extent to which the exports of 

4 each such country incorporate United States-origin 

5 components, technology, or materials that require 

6 United States approval for re-export; 

7 (2) detail the civil nuclear-related trade and in8 vestments in the United States by any entity from 

9 each such country; and 

10 (3) list any United States grant, concessionary 

11 loan or loan guarantee, or any other incentive or in12 ducement to any such country or entity related to 

13 nuclear exports or investments in the United States. 

14 SEC. 4. INITIATIVES AND NEGOTIATIONS RELATING TO 

15 AGREEMENTS FOR PEACEFUL NUCLEAR CO16 OPERATION. 

17 Subsection f. of section 123 of the Atomic Energy 

18 Act of 1954 (42 U.S.C. 2153), as redesignated pursuant 

19 to section 1(a)(5) of this Act, is amended to read as fol20 lows: 

21 ‘‘f. The President shall keep the Committee on 

22 Foreign Affairs of the House of Representatives and 

23 the Committee on Foreign Relations of the Senate 

24 fully and currently informed of any initiative or ne25 gotiations relating to a new or amended agreement 


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1 for peaceful nuclear cooperation pursuant to this 

2 section prior to the President’s announcement of 

3 such initiative or negotiations. The President shall 

4 consult with the Committee on Foreign Affairs of 

5 the House of Representatives and the Committee on 

6 Foreign Relations of the Senate concerning such ini7 tiative or negotiations beginning not later than 15 

8 calendar days after the initiation of any such nego9 tiations, or the receipt or transmission of a draft 

10 agreement, whichever occurs first, and monthly 

11 thereafter until such time as the negotiations are 

12 concluded.’’. 

13 SEC. 5. CONDUCT RESULTING IN TERMINATION OF NU14 CLEAR EXPORTS. 

15 Section 129 a. (2) of the Atomic Energy Act of 1954 

16 (42 U.S.C. 2158) is amended— 

17 (1) in subparagraph (C), by inserting ‘‘or’’ after 

18 the semicolon; and 

19 (2) by inserting after subparagraph (C) the fol20 lowing new subparagraph: 

21 ‘‘(D) been determined to be a ‘country of 

22 proliferation concern’ under section 1055(g)(2) 

23 of the National Defense Authorization Act for 

24 Fiscal Year 2010 (50 U.S.C. 2371(g)(2));’’. 


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1 SEC. 6. CONGRESSIONAL REVIEW PROCEDURES. 

2 Section 130 i. of the Atomic Energy Act of 1954 (42 

3 U.S.C. 2159 i.) is amended— 

4 (1) by redesignating subparagraphs (B) and 

5 (C) as subparagraphs (C) and (D), respectively; and 

6 (2) by inserting after subparagraph (A) the fol7 lowing new subparagraph: 

8 ‘‘(B) for an agreement for cooperation pur9 suant to section 123 of this Act, a joint resolu10 tion, the matter after the resolving clause of 

11 which— 

12 ‘‘(i) is as follows: ‘That the Congress 

13 does favor the proposed agreement for co14 operation transmitted to the Congress by 

15 the President on llllllllll.’; 

16 and 

17 ‘‘(ii) includes, immediately after the 

18 language specified in clause (i), any other 

19 provisions to accompany such proposed 

20 agreement for cooperation.’’. 

21 SEC. 7. REQUIREMENT OF LIABILITY PROTECTION FOR 

22 UNITED STATES NUCLEAR SUPPLIERS. 

23 The Atomic Energy Act of 1954 is amended by in24 serting after section 134 (42 U.S.C. 2160d) the following 

25 new section: 


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1 ‘‘SEC. 135. REQUIREMENT OF LIABILITY PROTECTION FOR 

2 UNITED STATES NUCLEAR SUPPLIERS. 

3 ‘‘The President may not issue a license for the export 

4 of nuclear material, facilities, components, or other goods, 

5 services, or technology to a country pursuant to an agree6 ment that has entered into force after the date of the en7 actment of this Act unless the President determines that 

8 such country has liability protection for United States nu9 clear suppliers that is equivalent to the liability protection 

10 specified under the Convention on Supplementary Com11 pensation for Nuclear Damage.’’. 

Æ 


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