IB 

Union Calendar No. 502 

112TH CONGRESS 

2D SESSION H. R. 1280 

[Report No. 112–507, Part I] 

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 

MAY 30, 2012 

Reported from the Committee on Foreign Affairs with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

MAY 30, 2012 

Referral to the Committee on Rules extended for a period ending not later 

than October 1, 2012 

MAY 30, 2012 

Referred to the Committee on Energy and Commerce for a period ending not 

later than October 1, 2012, for consideration of such provisions of the 

bill and amendment as fall within the jurisdiction of that committee pursuant to clause 1(f), rule X 

OCTOBER 1, 2012 

Additional sponsors: Mr. BURTON of Indiana, Mr. FLAKE, Mr. CHABOT, and 

Mr. CONYERS


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OCTOBER 1, 2012 

The Committees on Rules and Energy and Commerce discharged; committed 

to the Committee of the Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on March 31, 2011] 

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. 


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

3 SECTION 1. REQUIREMENT FOR CONGRESSIONAL AP4 PROVAL OF AGREEMENTS FOR PEACEFUL NU5 CLEAR COOPERATION. 

6 (a) COOPERATION WITH OTHER NATIONS.—Section 

7 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) 

8 is amended— 

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

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

11 subsection f., no cooperation’’; 

12 (2) in subsection a.— 

13 (A) in paragraph (3), by inserting ‘‘or ac14 quired from any other source’’ after ‘‘pursuant to 

15 such agreement’’ each place it appears; 

16 (B) in paragraph (4)— 

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

18 inserting ‘‘, terminates,’’; and 

19 (ii) by inserting ‘‘, or violates or abro20 gates any provision contained within such 

21 agreement’’ after ‘‘IAEA safeguards’’; 

22 (C) in paragraph (6), by inserting ‘‘or ac23 quired from any other source’’ after ‘‘agreement’’ 

24 each place it appears; 


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

2 the end; 

3 (E) in paragraph (9), by striking the period 

4 at the end and inserting a semicolon; and 

5 (F) by inserting after paragraph (9) the fol6 lowing new paragraphs: 

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

8 that no nationals of a third country shall be per9 mitted access to any reactor, related equipment, 

10 or sensitive materials transferred under the 

11 agreement for cooperation without the prior con12 sent of the United States; and 

13 ‘‘(11) a commitment to maintain and, in 

14 the case of a country without such a legal regime 

15 in place, a commitment to enact at the earliest 

16 possible date, and in no case later than one year 

17 after the agreement enters into force, a legal re18 gime providing for adequate protection from 

19 civil liability that will allow for the participa20 tion of United States suppliers in any effort by 

21 the country to develop civilian nuclear power.’’; 

22 (3) in the matter following paragraph (11) (as 

23 added by paragraph (2)(F) of this subsection), by 

24 striking ‘‘The President may exempt a proposed 


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1 agreement for cooperation’’ and all that follows 

2 through ‘‘common defense and security.’’; 

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

4 end; 

5 (5) in subsection d.— 

6 (A) in the first sentence— 

7 (i) by striking ‘‘not’’ the first and sec8 ond place it appears; 

9 (ii) by inserting ‘‘only’’ after ‘‘effec10 tive’’ the first place it appears; and 

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

12 and all that follows through ‘‘such agree13 ment’’ and inserting ‘‘, unless the proposed 

14 agreement includes a requirement as part of 

15 the agreement for cooperation or other le16 gally binding document that is considered 

17 part of the agreement that no enrichment or 

18 reprocessing activities, or acquisition or 

19 construction of facilities for such activities, 

20 will occur within the territory over which 

21 the cooperating party exercises sovereignty, 

22 in which case the agreement shall become ef23 fective unless the Congress adopts, and there 

24 is enacted, a joint resolution of disapproval 

25 (1) during such sixty-day period for a new 


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1 agreement; or (2) during a period of 30 

2 days of continuous session for a renewal 

3 agreement’’; and 

4 (B) by striking the final period and insert5 ing ‘‘; and’’; 

6 (6) by redesignating subsection e. as subsection 

7 f.; 

8 (7) by inserting immediately after subsection d. 

9 the following new subsection: 

10 ‘‘e. the cooperating party— 

11 ‘‘(1) has acceded to and is fully imple12 menting the provisions and guidelines of— 

13 ‘‘(A) the Convention on the Prohibition 

14 of the Development, Production, Stockpiling 

15 and Use of Chemical Weapons and on their 

16 Destruction (commonly known as the 

17 ‘Chemical Weapons Convention’); 

18 ‘‘(B) the Convention on the Prohibition 

19 of the Development, Production and Stock20 piling of Bacteriological and Toxin Weap21 ons and on their Destruction (commonly 

22 known as the ‘Biological Weapons Conven23 tion’); and 

24 ‘‘(C) all other international agreements 

25 to which the United States is a party reVerDate Mar 15 2010 21:58 Oct 10, 2012 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H1280.RH H1280

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1 garding the export of nuclear, chemical, bio2 logical, and advanced conventional weap3 ons, including missiles and other delivery 

4 systems; 

5 ‘‘(2) has established and is fully imple6 menting an effective export control system, in7 cluding fully implementing the provisions and 

8 guidelines of United Nations Security Council 

9 Resolution 1540; 

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

11 Nations conventions to which the United States 

12 is a party and all Security Council resolutions 

13 regarding the prevention of the proliferation of 

14 weapons of mass destruction, including— 

15 ‘‘(A) the Convention on the Physical 

16 Protection of Nuclear Material; and 

17 ‘‘(B) the United Nations International 

18 Convention for the Suppression of Acts of 

19 Nuclear Terrorism; 

20 ‘‘(4) is not a Destination of Diversion Con21 cern under section 303 of the Comprehensive 

22 Iran Sanctions, Accountability, and Divestment 

23 Act of 2010 (Public Law 111–195); 

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

25 States to prevent state sponsors of terrorism (the 


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1 term ‘state sponsor of terrorism’ means a coun2 try the government of which has been determined 

3 by the Secretary of State, for purposes of section 

4 6(j) of the Export Administration Act of 1979, 

5 section 620A of the Foreign Assistance Act of 

6 1961, section 40 of the Arms Export Control Act, 

7 or other provision of law, is a government that 

8 has repeatedly provided support for acts of inter9 national terrorism) from— 

10 ‘‘(A) acquiring or developing chemical, 

11 biological, or nuclear weapons or related 

12 technologies; or 

13 ‘‘(B) acquiring or developing desta14 bilizing numbers and types of advanced 

15 conventional weapons, including ballistic 

16 missiles; and 

17 ‘‘(6) has signed, ratified, and is fully imple18 menting an Additional Protocol to its safeguards 

19 agreement with the International Atomic Energy 

20 Agency.’’; and 

21 (8) by adding after subsection f. (as redesignated 

22 by paragraph (6) of this subsection) the following new 

23 subsection: 

24 ‘‘g. For purposes of this section— 


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1 ‘‘(1) the term ‘new agreement’ means an 

2 agreement for cooperation with a country with 

3 respect to which the United States has not, on or 

4 after the date of the enactment of this subsection, 

5 entered into such an agreement; and 

6 ‘‘(2) the term ‘renewal agreement’ means an 

7 agreement for cooperation with a country with 

8 respect to which the United States has, before the 

9 date of the enactment of this subsection, entered 

10 into such an agreement.’’. 

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

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

13 (1) in the second sentence, by striking ‘‘security,’’ 

14 and all that follows through ‘‘publication.’’ and in15 serting ‘‘security.’’; and 

16 (2) by inserting after the second sentence the fol17 lowing new sentences: ‘‘Such subsequent arrangement 

18 shall become effective only if Congress enacts a joint 

19 resolution of approval according to the procedures of 

20 sections 123 d. and 130 i. of this Act. Any such nu21 clear proliferation assessment statement shall be sub22 mitted to the Committee on Foreign Affairs of the 

23 House of Representatives and the Committee on For24 eign Relations of the Senate not later than the 31st 


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1 day of continuous session after submission of the sub2 sequent arrangement.’’. 

3 SEC. 2. WITHDRAWAL FROM THE TREATY ON THE NON-PRO4 LIFERATION OF NUCLEAR WEAPONS. 

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

6 United States to oppose the withdrawal from the Treaty 

7 on the Non-Proliferation of Nuclear Weapons (in this sec8 tion referred to as the ‘‘Treaty’’) of any country that is a 

9 party to the Treaty and to use all political, economic, and 

10 diplomatic means at its disposal to deter, prevent, or reverse 

11 any such withdrawal from the Treaty. 

12 (b) PROHIBITION ON CERTAIN ASSISTANCE.—Notwith13 standing any other provision of law, no assistance (other 

14 than humanitarian assistance) under any provision of law 

15 may be provided to a country that has withdrawn from the 

16 Treaty on or after the date of the enactment of this Act. 

17 (c) RETURN OF ALL UNITED STATES-ORIGIN MATE18 RIALS AND EQUIPMENT.—The United States shall seek the 

19 return of any material, equipment, or components trans20 ferred under an agreement for civil nuclear cooperation that 

21 is in force pursuant to section 123 of the Atomic Energy 

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

23 enactment of this Act, and any special fissionable material 

24 produced through the use of such material, equipment, or 


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1 components previously provided to a country that with2 draws from the Treaty. 

3 SEC. 3. REPORT ON COMPARABILITY OF NONPROLIFERA4 TION CONDITIONS BY FOREIGN NUCLEAR 

5 SUPPLIERS. 

6 Not later than 180 days after the date of the enactment 

7 of this Act, the President shall transmit to the Committee 

8 on Foreign Affairs of the House of Representatives and the 

9 Committee on Foreign Relations of the Senate a report on 

10 the extent to which each country that engages in civil nu11 clear exports (including power and research nuclear reac12 tors) requires nuclear nonproliferation requirements as con13 ditions for export comparable to those under this Act. Such 

14 report shall also— 

15 (1) detail the extent to which the exports of each 

16 such country incorporate United States-origin compo17 nents, technology, or materials that require United 

18 States approval for re-export; 

19 (2) detail the civil nuclear-related trade and in20 vestments in the United States by any entity from 

21 each such country; and 

22 (3) list any United States grant, concessionary 

23 loan or loan guarantee, or any other incentive or in24 ducement to any such country or entity related to nu25 clear exports or investments in the United States. 


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1 SEC. 4. INITIATIVES AND NEGOTIATIONS RELATING TO 

2 AGREEMENTS FOR PEACEFUL NUCLEAR CO3 OPERATION. 

4 Subsection f. of section 123 of the Atomic Energy Act 

5 of 1954 (42 U.S.C. 2153), as redesignated pursuant to sec6 tion 1(a)(6) of this Act, is amended to read as follows: 

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

8 Foreign Affairs of the House of Representatives and 

9 the Committee on Foreign Relations of the Senate 

10 fully and currently informed of any initiative or ne11 gotiations relating to a new or amended agreement 

12 for peaceful nuclear cooperation pursuant to this sec13 tion prior to the President’s announcement of such 

14 initiative or negotiations. The President shall consult 

15 with the Committee on Foreign Affairs of the House 

16 of Representatives and the Committee on Foreign Re17 lations of the Senate concerning such initiative or ne18 gotiations beginning not later than 15 calendar days 

19 after the initiation of any such negotiations, or the 

20 receipt or transmission of a draft agreement, which21 ever occurs first, and monthly thereafter until such 

22 time as the negotiations are concluded.’’. 

23 SEC. 5. CONDUCT RESULTING IN TERMINATION OF NU24 CLEAR EXPORTS. 

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

26 (42 U.S.C. 2158) is amended— 


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

2 the semicolon; and 

3 (2) by inserting after subparagraph (C) the fol4 lowing new subparagraph: 

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

6 proliferation concern’ under section 1055(g)(2) of 

7 the National Defense Authorization Act for Fis8 cal Year 2010 (50 U.S.C. 2371(g)(2));’’. 

9 SEC. 6. CONGRESSIONAL REVIEW PROCEDURES. 

10 Section 130 i. (1) of the Atomic Energy Act of 1954 

11 (42 U.S.C. 2159) is amended— 

12 (1) by redesignating subparagraphs (B) and (C) 

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

14 (2) by inserting after subparagraph (A) the fol15 lowing new subparagraph: 

16 ‘‘(B) for an agreement for cooperation pursuant 

17 to section 123 of this Act, a joint resolution, the mat18 ter after the resolving clause of which— 

19 ‘‘(i) is as follows: ‘That the Congress does 

20 favor the proposed agreement for cooperation 

21 transmitted to the Congress by the President on 

22 llllllllll.’; and 

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1 sions to accompany such proposed agreement for 

2 cooperation.’’. 

3 SEC. 7. REQUIREMENT OF LIABILITY PROTECTION FOR 

4 UNITED STATES NUCLEAR SUPPLIERS. 

5 The Atomic Energy Act of 1954 is amended by insert6 ing after section 134 (42 U.S.C. 2160d) the following new 

7 section: 

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

9 UNITED STATES NUCLEAR SUPPLIERS. 

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

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

12 services, or technology to a country pursuant to an agree13 ment that has entered into force after the date of the enact14 ment of this section unless the President determines that 

15 such country has liability protection for United States nu16 clear suppliers that is equivalent to the liability protection 

17 specified under the Convention on Supplementary Com18 pensation for Nuclear Damage.’’. 

19 SEC. 8. PROHIBITION ON ASSISTANCE TO STATE SPONSORS 

20 OF PROLIFERATION OF WEAPONS OF MASS 

21 DESTRUCTION. 

22 (a) PROHIBITION ON ASSISTANCE.—The United States 

23 shall not provide any assistance under Public Law 87–195, 

24 Public Law 90–629, the Food for Peace Act, the Peace Corps 

25 Act, or the Export-Import Bank Act of 1945 to any country 


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1 if the Secretary of State determines that the government of 

2 the country has repeatedly provided support for acts of pro3 liferation of equipment, technology, or materials to support 

4 the design, acquisition, manufacture, or use of weapons of 

5 mass destruction or the acquisition or development of bal6 listic missiles to carry such weapons. 

7 (b) PUBLICATION OF DETERMINATIONS.—Each deter8 mination of the Secretary of State under subsection (a) 

9 shall be published in the Federal Register. 

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

11 State under subsection (a) may not be rescinded unless the 

12 Secretary submits to the appropriate congressional commit13 tees— 

14 (1) before the proposed rescission would take ef15 fect, a report certifying that— 

16 (A) there has been a fundamental change in 

17 the leadership and policies of the government of 

18 the country concerned; 

19 (B) the government is not supporting acts 

20 of proliferation of equipment, technology, or ma21 terials to support the design, acquisition, manu22 facture, or use of weapons of mass destruction; 

23 and 


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1 (C) the government has provided assurances 

2 that it will not support such acts in the future; 

3 or 

4 (2) at least 45 days before the proposed rescission 

5 would take effect, a report justifying the rescission 

6 and certifying that— 

7 (A) the government of the country concerned 

8 has not provided any support for acts of pro9 liferation of equipment, technology, or materials 

10 to support the design, acquisition, manufacture, 

11 or use of weapons of mass destruction during the 

12 preceding 24-month period; and 

13 (B) the government has provided assurances 

14 that it will not support such acts of proliferation 

15 in the future. 

16 (d) WAIVER.—The President may waive the require17 ments of subsection (a) on a case-by-case basis if— 

18 (1) the President determines that national secu19 rity interests or humanitarian reasons justify a waiv20 er of such requirements, except that humanitarian 

21 reasons may not be used to justify the waiver of such 

22 requirements to provide security assistance under 

23 Public Law 87–195, Public Law 90–629, or the Ex24 port-Import Bank Act of 1945; and 


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1 (2) at least 15 days before the waiver takes effect, 

2 the President consults with the appropriate congres3 sional committees regarding the proposed waiver and 

4 submits to the appropriate congressional committees a 

5 report containing— 

6 (A) the name of the recipient country; 

7 (B) a description of the national security 

8 interests or humanitarian reasons that require 

9 the waiver; 

10 (C) the type and amount of and the jus11 tification for the assistance to be provided pursu12 ant to the waiver; and 

13 (D) the period of time during which such 

14 waiver will be effective. 

15 SEC. 9. ADDITIONAL PROTOCOL AS A CRITERION FOR 

16 UNITED STATES ASSISTANCE. 

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

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

19 to the Treaty on the Non-Proliferation of Nuclear Weapons 

20 should bring into force an Additional Protocol to its safe21 guards agreement with the IAEA. 

22 (b) CRITERION FOR ASSISTANCE.—The United States 

23 shall, when considering the provision of assistance under 

24 Public Law 87–195 or Public Law 90–629 to a country 

25 that is a party to the Treaty on the Nonproliferation of 


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1 Nuclear Weapons, take into consideration whether the pro2 posed recipient has in force an Additional Protocol to its 

3 safeguards agreement with the IAEA. 

4 SEC. 10. SENSE OF CONGRESS. 

5 It is the sense of Congress that the President should 

6 ensure that participation in international nuclear pro7 grams conducted by the United States is limited to the 

8 greatest extent practicable to governmental and nongovern9 mental participants from countries that have adopted non10 proliferation provisions in their nuclear cooperation and 

11 nuclear export control policies comparable to the policies 

12 specified in section 123 of the Atomic Energy Act (42 

13 U.S.C. 2153), as amended by this Act. 


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Union Calendar No. 502 

112TH CONGRESS 

2D SESSION H. R. 1280 

[Report No. 112–507, Part I] 

A BILL 

To amend the Atomic Energy Act of 1954 to retries, and for other purposes. peaceful nuclear cooperation with foreign coun- quire congressional approval of agreements for 

OCTOBER 1, 2012 

The Committees on Rules and Energy and Commerce 

printed House on the State of the Union and ordered to be discharged; committed to the Committee of the Whole 


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