I 

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. 

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

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Nuclear Nonproliferation and Cooperation Act of 2011’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 


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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. 

1 SEC. 2. DEFINITION. 

2 In this Act, the term ‘‘appropriate congressional com3 mittees’’ means the Committee on Foreign Affairs of the 

4 House of Representatives and the Committee on Foreign 

5 Relations of the Senate. 


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1 TITLE I—STRENGTHENING 

2 UNITED STATES NON3 PROLIFERATION ACTIVITIES 

4 SEC. 101. OPPOSITION OF WITHDRAWAL OF COUNTRIES 

5 FROM NPT. 

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

7 United States to oppose the withdrawal of any country 

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

9 Nuclear Weapons (hereinafter in this section referred to 

10 as the ‘‘Treaty’’) and to use all political, economic, and 

11 diplomatic means at its disposal to deter, prevent, and 

12 sanction any such withdrawal from the Treaty. 

13 (b) LIMITATION ON ASSISTANCE.—Notwithstanding 

14 any other provision of law, no assistance (other than hu15 manitarian assistance) under any provision of law may be 

16 provided to a country that withdraws from the Treaty on 

17 or after the date of the enactment of this Act. 

18 (c) RETURN OF U.S.-ORIGIN MATERIALS, EQUIP19 MENT, OR COMPONENTS.—The United States shall, with 

20 respect to a country that withdraws from the Treaty, seek 

21 the return of— 

22 (1) any material, equipment, or components 

23 transferred to the country under an agreement for 

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1 ity of section 123 of the Atomic Energy Act of 1954 

2 (42 U.S.C. 2153); and 

3 (2) any special fissionable material produced 

4 through the use of such material, equipment, or 

5 components previously transferred to the country. 

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

7 Not later than January 31, 2013, and January 31 

8 of each succeeding year, the United States shall pay its 

9 full assessed contribution to the regular operating budget 

10 of the International Atomic Energy Agency (IAEA). 

11 SEC. 103. ADDITIONAL PROTOCOL AS A CRITERION FOR 

12 UNITED STATES ASSISTANCE. 

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

14 United States to ensure that each country that is a party 

15 to the Treaty on the Non-Proliferation of Nuclear Weap16 ons should bring into force an Additional Protocol to its 

17 safeguards agreement with the IAEA. 

18 (b) CRITERION FOR ASSISTANCE.—The United 

19 States shall, when considering the provision of assistance 

20 under the Foreign Assistance Act of 1961 or the Arms 

21 Export Control Act, take into consideration whether the 

22 proposed recipient has in force an Additional Protocol to 

23 its safeguards agreement with the IAEA. 


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1 SEC. 104. PROHIBITION ON ASSISTANCE TO STATE SPON2 SORS OF PROLIFERATION OF WEAPONS OF 

3 MASS DESTRUCTION. 

4 (a) PROHIBITION ON ASSISTANCE.—The United 

5 States shall not provide any assistance under the Foreign 

6 Assistance Act of 1961, the Arms Export Control Act, the 

7 Food for Peace Act, the Peace Corps Act, or the Export8 Import Bank Act of 1945 to any country if the Secretary 

9 of State determines that the government of the country 

10 has repeatedly provided support for acts of proliferation 

11 of equipment, technology, or materials to support the de12 sign, acquisition, manufacture, or use of weapons of mass 

13 destruction. 

14 (b) PUBLICATION OF DETERMINATIONS.—Each de15 termination of the Secretary of State under subsection (a) 

16 shall be published in the Federal Register. 

17 (c) RESCISSION.—A determination of the Secretary 

18 of State under subsection (a) may not be rescinded unless 

19 the Secretary submits to the appropriate congressional 

20 committees— 

21 (1) before the proposed rescission would take 

22 effect, a report certifying that— 

23 (A) there has been a fundamental change 

24 in the leadership and policies of the government 

25 of the country concerned; 


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1 (B) the government is not supporting acts 

2 of proliferation of equipment, technology, or 

3 materials to support the design, acquisition, 

4 manufacture, or use of weapons of mass de5 struction; and 

6 (C) the government has provided assur7 ances that it will not support such acts in the 

8 future; or 

9 (2) at least 45 days before the proposed rescis10 sion would take effect, a report justifying the rescis11 sion and certifying that— 

12 (A) the government of the country con13 cerned has not provided any support for acts of 

14 proliferation of equipment, technology, or mate15 rials to support the design, acquisition, manu16 facture, or use of weapons of mass destruction 

17 during the preceding 24-month period; and 

18 (B) the government has provided assur19 ances that it will not support such acts of pro20 liferation in the future. 

21 (d) WAIVER.—The President may waive the require22 ments of subsection (a) on a case-by-case basis if— 

23 (1) the President determines that national secu24 rity interests or humanitarian reasons justify a waiv25 er of such requirements, except that humanitarian 


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1 reasons may not be used to justify the waiver of 

2 such requirements to provide security assistance 

3 under the Foreign Assistance Act of 1961, the Arms 

4 Export Control Act, or the Export-Import Bank Act 

5 of 1945; and 

6 (2) at least 15 days before the waiver takes ef7 fect, the President consults with the appropriate 

8 congressional committees regarding the proposed 

9 waiver and submits to the appropriate congressional 

10 committees a report containing— 

11 (A) the name of the recipient country; 

12 (B) a description of the national security 

13 interests or humanitarian reasons that require 

14 the waiver; 

15 (C) the type and amount of and the jus16 tification for the assistance to be provided pur17 suant to the waiver; and 

18 (D) the period of time during which such 

19 waiver will be effective. 

20 SEC. 105. REPORT ON COMPARABILITY OF NONPROLIFERA21 TION CONDITIONS BY FOREIGN NUCLEAR 

22 SUPPLIERS. 

23 (a) REPORT REQUIRED.—Not later than 180 days 

24 after the date of the enactment of this Act, the President 

25 shall submit to the appropriate congressional committees 


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

2 in exports of nuclear material, technology, or equipment 

3 for civil purposes (including exports of power and research 

4 nuclear reactors) requires nuclear nonproliferation condi5 tions for export comparable to those under this Act or the 

6 Atomic Energy Act of 1954, as amended by this Act. 

7 (b) MATTERS TO BE INCLUDED.—The report re8 quired by subsection (a) shall also include— 

9 (1) a detailed description of the extent to which 

10 the exports of each country incorporate United 

11 States-origin components, technology, or materials 

12 that require United States approval for re-export; 

13 (2) a detailed description of civil nuclear-related 

14 trade and investments by any entity from each such 

15 country in the United States; and 

16 (3) a detailed list of any United States grants, 

17 concessionary loans or loan guarantees, or any other 

18 incentive or inducement to such country or entity re19 lated to nuclear exports or investments in the United 

20 States. 

21 SEC. 106. PERIODIC SECURITY INSPECTIONS ON UNITED 

22 STATES EXPORTS OF NUCLEAR MATERIAL. 

23 The United States shall conduct periodic security in24 spections of all United States nuclear material that has 

25 been exported pursuant to a civil nuclear cooperation 


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1 agreement under section 123 of the Atomic Energy Act 

2 of 1954 (42 U.S.C. 2153), as amended by this Act, to 

3 ensure that adequate physical safeguards and accounting 

4 measures are in effect for such nuclear material. 

5 TITLE II—STRENGTHENING NU6 CLEAR ENERGY COOPERA7 TION AND NONPROLIFERA8 TION 

9 SEC. 201. ADDITIONAL NONPROLIFERATION CONDITIONS 

10 FOR NEW PEACEFUL NUCLEAR COOPERA11 TION AGREEMENTS. 

12 Section 123 a. of the Atomic Energy Act of 1954 (42 

13 U.S.C. 2153 a.) is amended— 

14 (1) in paragraph (3), by inserting ‘‘or acquired 

15 from any other source’’ after ‘‘pursuant to such 

16 agreement’’ each place it appears; 

17 (2) in paragraph (4)— 

18 (A) by striking ‘‘or terminates’’ and insert19 ing ‘‘, terminates’’; and 

20 (B) by inserting at the end before the 

21 semicolon the following: ‘‘, or violates or abro22 gates any provision contained within such 

23 agreement for cooperation’’; 


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1 (3) in paragraph (6), by inserting ‘‘or acquired 

2 from any source’’ after ‘‘agreement’’ each place it 

3 appears; 

4 (4) in paragraph (8), by striking ‘‘and’’ at the 

5 end; 

6 (5) by inserting after paragraph (9) the fol7 lowing: 

8 ‘‘(10) except in the case of agreements ar9 ranged pursuant to section 91 c., 144 b., 144 c., or 

10 144 d., a guaranty by the cooperating party that if 

11 the country is a non-nuclear weapon state, a restric12 tion that no cooperation may occur with the cooper13 ating party until an Additional Protocol for safe14 guards with the International Atomic Energy Agen15 cy has entered into force for the cooperating party; 

16 ‘‘(11) a guaranty by the cooperating party that 

17 no nationals of a third country will be permitted ac18 cess to any reactor, related equipment, or any sen19 sitive materials transferred under the agreement for 

20 cooperation without the prior consent of the United 

21 States; and 

22 ‘‘(12) if the cooperating party does not operate 

23 enrichment or reprocessing facilities, a requirement 

24 as part of the agreement for cooperation or a bind25 ing addendum or other document that is considered 


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1 part of the agreement, that no enrichment or reproc2 essing activities, or construction of facilities for such 

3 activities, will occur within the territory over which 

4 the country exercises sovereignty, unless such activi5 ties are pursued as part of a multilateral consortium 

6 of countries that are state parties to the Treaty on 

7 the Non-Proliferation of Nuclear Weapons in good 

8 standing, and with the explicit support of the United 

9 States, and granting the United States the right to 

10 terminate such agreement if such requirement is vio11 lated, abrogated, or otherwise revoked.’’; and 

12 (6) by striking the matter following paragraph 

13 (12) (as added by paragraph (5) of this section). 

14 SEC. 202. REQUIREMENT FOR NEGOTIATION BY SEC15 RETARY OF STATE. 

16 Section 123 of the Atomic Energy Act of 1954 (42 

17 U.S.C. 2153) is amended by striking subsection b. and 

18 inserting the following: 

19 ‘‘b. REQUIREMENT FOR NEGOTIATION BY SEC20 RETARY OF STATE.—Except in the case of those agree21 ments for cooperation arranged pursuant to section 91 c., 

22 144 b., 144 c., or 144 d., any proposed agreement for co23 operation shall be negotiated by the Secretary of State, 

24 with the technical assistance and concurrence of the Sec25 retary of Energy.’’. 


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1 SEC. 203. SUBMISSION OF PROPOSED AGREEMENT TO THE 

2 PRESIDENT. 

3 Section 123 of the Atomic Energy Act of 1954 (42 

4 U.S.C. 2153), as amended by this Act, is further amended 

5 by striking subsection c. and inserting the following: 

6 ‘‘c. SUBMISSION OF PROPOSED AGREEMENT TO THE

7 PRESIDENT.— 

8 ‘‘(1) IN GENERAL.—After consultation with the 

9 Nuclear Regulatory Commission, such agreement 

10 shall be submitted to the President jointly by the 

11 Secretary of State and the Secretary of Energy ac12 companied by the views and recommendations of the 

13 Secretary of State, the Secretary of Energy and the 

14 Nuclear Regulatory Commission. 

15 ‘‘(2) NUCLEAR PROLIFERATION ASSESSMENT

16 STATEMENT.—The Secretary of State shall also pro17 vide to the President an unclassified Nuclear Pro18 liferation Assessment Statement, which shall— 

19 ‘‘(A) analyze the consistency of the text of 

20 the proposed agreement for cooperation with all 

21 the requirements of this Act, with specific at22 tention to whether the proposed agreement is 

23 consistent with each of the criteria set forth in 

24 subsection a.; and 

25 ‘‘(B) assess the adequacy of the safeguards 

26 and other control mechanisms and the peaceful 


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1 use assurances contained in the agreement for 

2 cooperation to ensure that any assistance fur3 nished thereunder will not be used to further 

4 any military or nuclear explosive purpose. Each 

5 Nuclear Proliferation Assessment Statement 

6 prepared pursuant to this Act shall be accom7 panied by a classified annex, prepared in con8 sultation with the Director of National Intel9 ligence, summarizing relevant classified infor10 mation. 

11 ‘‘(3) SUBMISSION REQUIREMENTS.—In the case 

12 of an agreement for cooperation arranged pursuant 

13 to— 

14 ‘‘(A) section 91 c., 144 b., 144 c., or 144 

15 d., the agreement shall be submitted to the 

16 President by the Secretary of Energy; and 

17 ‘‘(B) section 91 c. or 144 b., which is to 

18 be implemented by the Department of Defense, 

19 the agreement shall be submitted to the Presi20 dent by the Secretary of Defense.’’. 


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1 SEC. 204. NEW PRESIDENTIAL CERTIFICATION OF NON2 PROLIFERATION ACTIVITIES FOR SUBMIS3 SION OF AGREEMENTS TO CONGRESS. 

4 Section 123 of the Atomic Energy Act of 1954 (42 

5 U.S.C. 2153), as amended by this Act, is further amended 

6 by striking subsection d. and inserting the following: 

7 ‘‘d. SUBMISSION OF AGREEMENTS TO CONGRESS.— 

8 ‘‘(1) SUBMISSION.— 

9 ‘‘(A) IN GENERAL.—The President shall 

10 submit the text of the proposed agreement for 

11 cooperation to the Committee on Foreign Af12 fairs of the House of Representatives and the 

13 Committee on Foreign Relations of the Senate, 

14 together with— 

15 ‘‘(i) an unclassified Nuclear Prolifera16 tion Assessment Statement and any classi17 fied annex thereto; 

18 ‘‘(ii) the President’s determination 

19 that the proposed agreement is consistent 

20 with all the requirements of subsection a., 

21 and that the proposed agreement will pro22 mote, and will not constitute an unreason23 able risk to, the common defense and secu24 rity of the United States; 

25 ‘‘(iii) the President’s statement that 

26 the President has approved and authorized 


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1 the execution of the proposed agreement 

2 for cooperation; and 

3 ‘‘(iv) subject to subparagraph (B), the 

4 President’s determination that the cooper5 ating party— 

6 ‘‘(I) has not engaged in a signifi7 cant transfer of material, equipment, 

8 or technology for the production of 

9 nuclear, chemical, or biological weap10 ons to another country; 

11 ‘‘(II) has cooperated with United 

12 States efforts to halt the proliferation 

13 of such material, equipment or tech14 nology; 

15 ‘‘(III) has not engaged in signifi16 cant transfers contrary to the Guide17 lines of the Nuclear Suppliers Group 

18 or the Australia Group; and 

19 ‘‘(IV) has established and main20 tains an effective export control sys21 tem to guard against illicit transfers 

22 of such material, equipment, or tech23 nology. 


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1 ‘‘(B) TIME PERIOD.—In making a deter2 mination under subparagraph (A)(iv), the 

3 President shall— 

4 ‘‘(i) for a country with respect to 

5 which the United States has not heretofore 

6 entered into an agreement for cooperation, 

7 review the 10-year period ending on the 

8 date of submission of the proposed agree9 ment for cooperation under subparagraph 

10 (A); and 

11 ‘‘(ii) for a country with respect to 

12 which the United States has heretofore en13 tered into one or more agreements for 

14 peaceful nuclear cooperation, review the 

15 period beginning on the date of entry into 

16 force of the most recent such agreement 

17 for peaceful nuclear cooperation and end18 ing on the date of submission of the pro19 posed agreement for cooperation under 

20 subparagraph (A). 

21 ‘‘(2) ADDITIONAL SUBMISSION REQUIRE22 MENTS.—In the case of an agreement for coopera23 tion arranged pursuant to section 91 c., 144 b., 144 

24 c., or 144 d., the proposed agreement shall also be 

25 submitted to the Committee on Armed Services of 


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1 the House of Representatives and the Committee on 

2 Armed Services of the Senate, along with the docu3 ments and determinations required under subpara4 graph (A).’’. 

5 SEC. 205. CONGRESSIONAL REVIEW, APPROVAL, AND RE6 NEWAL OF NUCLEAR COOPERATION AGREE7 MENTS. 

8 Section 123 of the Atomic Energy Act of 1954 (42 

9 U.S.C. 2153), as amended by this Act, is further amended 

10 by striking subsection e. and inserting the following: 

11 ‘‘e. CONGRESSIONAL REVIEW PERIOD; ACTION.— 

12 ‘‘(1) IN GENERAL.—Any proposed agreement 

13 for cooperation that meets each of the applicable re14 quirements of subsection a. may be brought into ef15 fect 60 legislative days after the President has sub16 mitted the agreement and documentation required 

17 by subsection d., unless during such period the Con18 gress adopts, and there is enacted, a joint resolution 

19 stating in substance that Congress does not favor 

20 the proposed agreement for cooperation. 

21 ‘‘(2) SPECIAL PROCEDURES.— 

22 ‘‘(A) NON-COMPLIANT AGREEMENTS AND

23 ACTIVITIES OF CONCERN.—Notwithstanding the 

24 requirements of subsection d., the President 

25 may submit a proposed agreement to Congress 


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1 that does not meet each of the applicable re2 quirements of subsection a., or with respect to 

3 which the President is unable to make each of 

4 the determinations required under subsection 

5 d.(1). Such agreement shall not enter into force 

6 unless and until the Congress adopts, and there 

7 is enacted, a joint resolution stating in sub8 stance that Congress does favor the proposed 

9 agreement for cooperation. 

10 ‘‘(B) RENEWAL OF PRIOR AGREEMENTS.— 

11 A proposed agreement for cooperation— 

12 ‘‘(i) which renews or replaces a pre13 existing agreement for cooperation that 

14 has expired or will expire not later than 1 

15 year beginning on the date of submission 

16 of the proposed agreement for cooperation 

17 under subsection d., and 

18 ‘‘(ii) which satisfies each of the re19 quirements under subsection a., 

20 may be brought into effect beginning 30 cal21 endar days after the date of submission of the 

22 proposed agreement for cooperation under sub23 section d. 


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1 ‘‘(3) CONSIDERATION.—Any such proposed 

2 agreement for cooperation shall be considered pursu3 ant to the procedures set forth in section 130 g. 

4 ‘‘(4) EXPIRATION OF CONGRESSIONAL RE5 VIEW.—Any proposed agreement for cooperation 

6 that has not lain before the Congress for 60 legisla7 tive days, or has not been approved by Congress as 

8 provided for under this section, before the adjourn9 ment sine die of such Congress, shall not become ef10 fective. Any submission of such agreement to a new 

11 Congress at the discretion of the President, shall be 

12 considered a new submission for the purposes of this 

13 section, and must satisfy the appropriate require14 ments of this section before it can become effec15 tive.’’. 

16 SEC. 206. MULTILATERAL ORGANIZATIONS AND COLLABO17 RATION. 

18 (a) IN GENERAL.—Section 124 of the Atomic Energy 

19 Act of 1954 (42 U.S.C. 2154) is amended— 

20 (1) in the heading, by striking ‘‘INTER21 NATIONAL ATOMIC POOL’’ and inserting ‘‘MULTILAT22 ERAL ORGANIZATIONS AND COLLABORATION’’; and 

23 (2) by inserting ‘‘, including multilateral enrich24 ment activities,’’ after ‘‘atomic energy’’. 


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1 (b) CLERICAL AMENDMENT.—The table of contents 

2 for the Atomic Energy Act of 1954 is amended by striking 

3 the item relating to section 124 and inserting the fol4 lowing: 

‘‘Sec. 124. Multilateral organizations and collaboration.’’. 

5 SEC. 207. CONGRESSIONAL REVIEW PROCEDURES. 

6 Section 130 of the Atomic Energy Act of 1954 (42 

7 U.S.C. 2159) is amended— 

8 (1) by striking ‘‘days of continuous session’’ 

9 each place it appears and inserting ‘‘legislative 

10 days’’; 

11 (2) by striking subsections g. and i.; and 

12 (3) by inserting after subsection f. the fol13 lowing: 

14 ‘‘g. CONGRESSIONAL REVIEW PROCEDURES.— 

15 ‘‘(1) IN GENERAL.—All joint resolutions under 

16 this chapter that are introduced in the House of 

17 Representatives shall be referred to the Committee 

18 on Foreign Affairs, and all joint resolutions intro19 duced in the Senate shall be referred to the Com20 mittee on Foreign Relations and in addition, in the 

21 case of a proposed agreement for cooperation ar22 ranged pursuant to section 91c., 144b., or 144c., the 

23 Committee on Armed Services. 

24 ‘‘(2) DISCHARGE OF RESOLUTIONS.—If the 

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1 tion has been referred has not reported it at the end 

2 of 45 legislative days after its introduction, the com3 mittee shall be discharged from further consider4 ation of the joint resolution. 

5 ‘‘(3) JOINT RESOLUTION.— 

6 ‘‘(A) IN GENERAL.—A joint resolution 

7 under this section shall be considered in the 

8 Senate in accordance with the provisions of sec9 tion 601(b)(4) of the International Security As10 sistance and Arms Export Control Act of 1976. 

11 For the purpose of expediting the consideration 

12 and passage of joint resolutions reported or dis13 charged pursuant to the provisions of this sub14 section, it shall be in order for the committee 

15 on Rules of the House of Representatives to 

16 present for consideration a resolution of the 

17 House of Representatives providing procedures 

18 for the immediate consideration of a joint reso19 lution under this subsection which may be simi20 lar, if applicable, to the procedures set forth in 

21 section 601(b)(4) of the International Security 

22 Assistance and Arms Export Control Act of 

23 1976. 

24 ‘‘(B) MORE THAN ONE JOINT RESOLU25 TION.—In the case of a joint resolution deVerDate Mar 15 2010 04:42 Apr 05, 2011 Jkt 099200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H1320.IH H1320

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1 scribed in subsection (a), if prior to the passage 

2 by one House of a joint resolution of that 

3 House, that House receives a joint resolution 

4 with respect to the same matter from the other 

5 House, then— 

6 ‘‘(i) the procedure in that House shall 

7 be the same as if no joint resolution had 

8 been received from the other House; but 

9 ‘‘(ii) the vote on final passage shall be 

10 on the joint resolution of the other House. 

11 ‘‘(C) DEFINITION.—For the purposes of 

12 this subsection, the term ‘joint resolution’ 

13 means a joint resolution, the matter after the 

14 resolving clause of which is as follows: ‘That the 

15 Congress (does or does not) favor the proposed 

16 agreement for cooperation transmitted to the 

17 Congress by the President on lllll,’ 

18 with the date of the transmission of the pro19 posed agreement for cooperation inserted in the 

20 blank, and the affirmative or negative phrase 

21 within the parenthetical appropriately selected, 

22 along with any other provisions. 

23 ‘‘(4) RULEMAKING POWER OF CONGRESS.— 

24 This section is enacted by Congress— 


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1 ‘‘(A) as an exercise of the rulemaking 

2 power of the Senate and the House of Rep3 resentatives, respectively, and as such they are 

4 deemed a part of the rules of each House, re5 spectively, but applicable only with respect to 

6 the procedure to be followed in that House in 

7 the case of resolutions described by this section, 

8 and they supersede other rules only to the ex9 tent that they are inconsistent therewith; and 

10 ‘‘(B) with full recognition of the constitu11 tional right of either House to change the rules 

12 (so far as relating to the procedure of that 

13 House) at any time, in the same manner and 

14 to the same extent as in the case of any other 

15 rule of that House.’’. 

16 SEC. 208. CONGRESSIONAL REVIEW OF SIGNIFICANT 

17 CHANGES TO NUCLEAR COOPERATION 

18 AGREEMENTS. 

19 Section 131 of the Atomic Energy Act of 1954 (42 

20 U.S.C. 2160) is amended by adding at the end the fol21 lowing: 

22 ‘‘(g) CONGRESSIONAL REVIEW; DISAPPROVAL.—Any 

23 subsequent arrangement that— 


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1 ‘‘(1) significantly alters the terms of an agree2 ment of cooperation that has come into effect pursu3 ant to the requirements of section 123 e., or 

4 ‘‘(2) is negotiated pursuant to an exempted 

5 agreement, 

6 shall not come into effect until it has lain before Congress 

7 for 45 legislative days, unless Congress has enacted a joint 

8 resolution of disapproval during such 45 day period.’’. 

9 SEC. 209. REQUIREMENT OF LIABILITY PROTECTION FOR 

10 UNITED STATES NUCLEAR SUPPLIERS. 

11 (a) IN GENERAL.—Chapter 11 of title I of the Atomic 

12 Energy Act of 1954 (42 U.S.C. 2011 et seq.) is amended 

13 by adding at the end the following: 

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

15 UNITED STATES NUCLEAR SUPPLIERS. 

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

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

18 services or technology to a country pursuant to an agree19 ment that has entered into force after the date of the en20 actment of this section unless the President determines 

21 that the country has liability protection for United States 

22 nuclear suppliers that is equivalent to the liability protec23 tion specified under the Convention on Supplementary 

24 Compensation for Nuclear Damage.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of contents 

2 for the Atomic Energy Act of 1954, as amended by this 

3 Act, is further amended by inserting after the item relat4 ing to section 134 the following new item: 

‘‘Sec. 135. Requirement of liability protection for United States nuclear suppliers.’’. 

5 SEC. 210. LOAN GUARANTEES FOR COUNTRIES THAT FORE6 GO ENRICHMENT AND REPROCESSING. 

7 (a) IN GENERAL.—Chapter 11 of title I of the Atomic 

8 Energy Act of 1954 (42 U.S.C. 2011 et seq.), as amended 

9 by this Act, is further amended by adding at the end the 

10 following: 

11 ‘‘SEC. 136. LOAN GUARANTEES FOR COUNTRIES THAT 

12 FOREGO ENRICHMENT AND REPROCESSING. 

13 ‘‘(a) IN GENERAL.—The President, acting through 

14 the Overseas Private Investment Corporation, is author15 ized to make loan guarantees to countries with which the 

16 United States has an agreement for cooperation in force 

17 pursuant to section 123, on such terms and conditions as 

18 the President determines, subject to subsection (b). 

19 ‘‘(b) SPECIFIC APPROPRIATION OR CONTRIBU20 TION.—No loan guarantee may be made under subsection 

21 (a) unless— 

22 ‘‘(1) an appropriation for the cost has been 

23 made; or 


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26 

•HR 1320 IH

1 ‘‘(2) the President has received from the bor2 rower a payment in full for the cost of the obligation 

3 and deposited the payment into the Treasury of the 

4 United States.’’. 

5 (b) CLERICAL AMENDMENT.—The table of contents 

6 for the Atomic Energy Act of 1954, as amended by this 

7 Act, is further amended by inserting after the item relat8 ing to section 135, as added by section 209(b) of this Act, 

9 the following new item: 

‘‘Sec. 136. Loan guarantees for countries that forego enrichment and reprocessing.’’. 

Æ 


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