I 

113TH CONGRESS 

1ST SESSION H. R. 3766 

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 

DECEMBER 12, 2013 

Ms. ROS-LEHTINEN (for herself 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 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 inserting after paragraph (9) the 

2 following new 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) a commitment to maintain and, in 

10 the case of a country without such a legal re11 gime in place, a commitment to enact at the 

12 earliest possible date, and in no case later than 

13 one year after the agreement enters into force, 

14 a legal regime providing for adequate protection 

15 from civil liability that will allow for the partici16 pation of United States suppliers in any effort 

17 by the country to develop civilian nuclear 

18 power.’’; 

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

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

21 striking ‘‘The President may exempt a proposed 

22 agreement for cooperation’’ and all that follows 

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

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

25 end; 


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1 (5) in subsection d.— 

2 (A) in the first sentence— 

3 (i) by striking ‘‘not’’ the first and sec4 ond place it appears; 

5 (ii) by inserting ‘‘only’’ after ‘‘effec6 tive’’ the first place it appears; and 

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

8 and all that follows through ‘‘such agree9 ment’’ and inserting ‘‘, unless the proposed 

10 agreement includes a requirement as part 

11 of the agreement for cooperation or other 

12 legally binding document that is considered 

13 part of the agreement that no enrichment 

14 or reprocessing activities, or acquisition or 

15 construction of facilities for such activities, 

16 will occur within the territory over which 

17 the cooperating party exercises sovereignty, 

18 in which case the agreement shall become 

19 effective unless the Congress adopts, and 

20 there is enacted, a joint resolution of dis21 approval (1) during such 60-day period for 

22 a new agreement; or (2) during a period of 

23 30 days of continuous session for a re24 newal agreement’’; and 


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1 (B) by striking the final period and insert2 ing ‘‘; and’’; 

3 (6) by redesignating subsection e. as subsection 

4 f.; 

5 (7) by inserting immediately after subsection d. 

6 the following new subsection: 

7 ‘‘e. the cooperating party— 

8 ‘‘(1) has acceded to and is fully imple9 menting the provisions and guidelines of— 

10 ‘‘(A) the Convention on the Prohibi11 tion of the Development, Production, 

12 Stockpiling and Use of Chemical Weapons 

13 and on their Destruction (commonly 

14 known as the ‘Chemical Weapons Conven15 tion’); 

16 ‘‘(B) the Convention on the Prohibi17 tion of the Development, Production and 

18 Stockpiling of Bacteriological and Toxin 

19 Weapons and on their Destruction (com20 monly known as the ‘Biological Weapons 

21 Convention’); and 

22 ‘‘(C) all other international agree23 ments to which the United States is a 

24 party regarding the export of nuclear, 

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1 tional weapons, including missiles and 

2 other delivery systems; 

3 ‘‘(2) has established and is fully imple4 menting an effective export control system, in5 cluding fully implementing the provisions and 

6 guidelines of United Nations Security Council 

7 Resolution 1540; 

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

9 Nations conventions to which the United States 

10 is a party and all Security Council resolutions 

11 regarding the prevention of the proliferation of 

12 weapons of mass destruction, including— 

13 ‘‘(A) the Convention on the Physical 

14 Protection of Nuclear Material; and 

15 ‘‘(B) the United Nations International 

16 Convention for the Suppression of Acts of 

17 Nuclear Terrorism; 

18 ‘‘(4) is not a Destination of Diversion Con19 cern under section 303 of the Comprehensive 

20 Iran Sanctions, Accountability, and Divestment 

21 Act of 2010 (Public Law 111–195); 

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

23 States to prevent state sponsors of terrorism 

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

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1 termined by the Secretary of State, for pur2 poses of section 6(j) of the Export Administra3 tion Act of 1979, section 620A of the Foreign 

4 Assistance Act of 1961, section 40 of the Arms 

5 Export Control Act, or other provision of law, 

6 is a government that has repeatedly provided 

7 support for acts of international terrorism) 

8 from— 

9 ‘‘(A) acquiring or developing chemical, 

10 biological, or nuclear weapons or related 

11 technologies; or 

12 ‘‘(B) acquiring or developing desta13 bilizing numbers and types of advanced 

14 conventional weapons, including ballistic 

15 missiles; and 

16 ‘‘(6) has signed, ratified, and is fully im17 plementing an Additional Protocol to its safe18 guards agreement with the International Atom19 ic Energy Agency.’’; and 

20 (8) by adding after subsection f. (as redesig21 nated by paragraph (6) of this subsection) the fol22 lowing new subsection: 

23 ‘‘g. For purposes of this section— 

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

25 agreement for cooperation with a country with 


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1 respect to which the United States has not, on 

2 or after the date of the enactment of this sub3 section, entered into such an agreement; and 

4 ‘‘(2) the term ‘renewal agreement’ means 

5 an agreement for cooperation with a country 

6 with respect to which the United States has, be7 fore the date of the enactment of this sub8 section, entered into such an agreement.’’. 

9 (b) SUBSEQUENT ARRANGEMENTS.—Section 131 

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

11 (1) in the second sentence, by striking ‘‘secu12 rity,’’ and all that follows through ‘‘publication.’’ 

13 and inserting ‘‘security.’’; and 

14 (2) by inserting after the second sentence the 

15 following new sentences: ‘‘Such subsequent arrange16 ment shall become effective only if Congress enacts 

17 a joint resolution of approval according to the proce18 dures of sections 123 d. and 130 i. of this Act. Any 

19 such nuclear proliferation assessment statement 

20 shall be submitted to the Committee on Foreign Af21 fairs of the House of Representatives and the Com22 mittee on Foreign Relations of the Senate not later 

23 than the 31st day of continuous session after sub24 mission of the subsequent arrangement.’’. 


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1 SEC. 2. WITHDRAWAL FROM THE TREATY ON THE NON2 PROLIFERATION OF NUCLEAR WEAPONS. 

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

4 United States to oppose the withdrawal from the Treaty 

5 on the Non-Proliferation of Nuclear Weapons (in this sec6 tion referred to as the ‘‘Treaty’’) of any country that is 

7 a party to the Treaty and to use all political, economic, 

8 and diplomatic means at its disposal to deter, prevent, or 

9 reverse any such withdrawal from the Treaty. 

10 (b) PROHIBITION ON CERTAIN ASSISTANCE.—Not11 withstanding any other provision of law, no assistance 

12 (other than humanitarian assistance) under any provision 

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

14 from the Treaty on or after the date of the enactment 

15 of this Act. 

16 (c) RETURN OF ALL UNITED STATES-ORIGIN MATE17 RIALS AND EQUIPMENT.—The United States shall seek 

18 the return of any material, equipment, or components 

19 transferred under an agreement for civil nuclear coopera20 tion that is in force pursuant to section 123 of the Atomic 

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

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

23 material produced through the use of such material, equip24 ment, or components, previously provided to a country 

25 that withdraws from the Treaty. 


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1 SEC. 3. REPORT ON COMPARABILITY OF NONPROLIFERA2 TION CONDITIONS BY FOREIGN NUCLEAR 

3 SUPPLIERS. 

4 Not later than 180 days after the date of the enact5 ment of this Act, the President shall transmit to the Com6 mittee on Foreign Affairs of the House of Representatives 

7 and the Committee on Foreign Relations of the Senate 

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

9 in civil nuclear exports (including power and research nu10 clear reactors) requires nuclear nonproliferation require11 ments as conditions for export comparable to those under 

12 this Act. Such report shall also— 

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

14 each such country incorporate United States-origin 

15 components, technology, or materials that require 

16 United States approval for re-export; 

17 (2) detail the civil nuclear-related trade and in18 vestments in the United States by any entity from 

19 each such country; and 

20 (3) list any United States grant, concessionary 

21 loan or loan guarantee, or any other incentive or in22 ducement to any such country or entity related to 

23 nuclear 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 

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

6 to section 1(a)(6) of this Act, is amended to read as fol7 lows: 

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

9 Foreign Affairs of the House of Representatives and 

10 the Committee on Foreign Relations of the Senate 

11 fully and currently informed of any initiative or ne12 gotiations relating to a new or amended agreement 

13 for peaceful nuclear cooperation pursuant to this 

14 section prior to the President’s announcement of 

15 such initiative or negotiations. The President shall 

16 consult with such Committees concerning such ini17 tiative or negotiations beginning not later than 15 

18 calendar days after the initiation of any such nego19 tiations, or the receipt or transmission of a draft 

20 agreement, whichever occurs first, and monthly 

21 thereafter until such time as the negotiations are 

22 concluded. At such monthly intervals the President 

23 shall also provide such Committees with the current 

24 working drafts and proposed text put forward for 

25 negotiation by the parties for inclusion in such 

26 agreement.’’. 


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1 SEC. 5. CONDUCT RESULTING IN TERMINATION OF NU2 CLEAR EXPORTS. 

3 Paragraph (2) of section 129 a. of the Atomic Energy 

4 Act of 1954 (42 U.S.C. 2158 a.) is amended— 

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

6 the semicolon; and 

7 (2) by inserting after subparagraph (C) the fol8 lowing new subparagraph: 

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

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

11 of the National Defense Authorization Act for 

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

13 SEC. 6. CONGRESSIONAL REVIEW PROCEDURES. 

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

15 (42 U.S.C. 2159) is amended— 

16 (1) by redesignating subparagraphs (B) and 

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

18 (2) by inserting after subparagraph (A) the fol19 lowing new subparagraph: 

20 ‘‘(B) for an agreement for cooperation pur21 suant to section 123 of this Act, a joint resolu22 tion, the matter after the resolving clause of 

23 which— 

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

25 does favor the proposed agreement for co26 operation transmitted to the Congress by 


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1 the President on llllllllll.’; 

2 and 

3 ‘‘(ii) includes, immediately after the 

4 language specified in clause (i), any other 

5 provisions to accompany such proposed 

6 agreement for cooperation.’’. 

7 SEC. 7. REQUIREMENT OF LIABILITY PROTECTION FOR 

8 UNITED STATES NUCLEAR SUPPLIERS. 

9 The Atomic Energy Act of 1954 is amended by in10 serting after section 134 (42 U.S.C. 2160d) the following 

11 new section: 

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

13 UNITED STATES NUCLEAR SUPPLIERS. 

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

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

16 services, or technology to a country pursuant to an agree17 ment that has entered into force after the date of the en18 actment of this section unless the President determines 

19 that such country has liability protection for United States 

20 nuclear suppliers that is equivalent to the liability protec21 tion specified under the Convention on Supplementary 

22 Compensation for Nuclear Damage.’’. 


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1 SEC. 8. PROHIBITION ON ASSISTANCE TO STATE SPONSORS 

2 OF PROLIFERATION OF WEAPONS OF MASS 

3 DESTRUCTION. 

4 (a) PROHIBITION ON ASSISTANCE.—The United 

5 States shall not provide any assistance under Public Law 

6 87–195, Public Law 90–629, the Food for Peace Act, the 

7 Peace Corps Act, or the Export-Import Bank Act of 1945 

8 to any country if the Secretary of State determines that 

9 the government of the country has repeatedly provided 

10 support for acts of proliferation of equipment, technology, 

11 or materials to support the design, acquisition, manufac12 ture, or use of weapons of mass destruction or the acquisi13 tion or development of ballistic missiles to carry such 

14 weapons. 

15 (b) PUBLICATION OF DETERMINATIONS.—Each de16 termination of the Secretary of State under subsection (a) 

17 shall be published in the Federal Register. 

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

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

20 the Secretary submits to the Committee on Foreign Af21 fairs of the House of Representatives and the Committee 

22 on Foreign Relations of the Senate— 

23 (1) before the proposed rescission would take 

24 effect, a report certifying that— 


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1 (A) there has been a fundamental change 

2 in the leadership and policies of the government 

3 of the country concerned; 

4 (B) the government is not supporting acts 

5 of proliferation of equipment, technology, or 

6 materials to support the design, acquisition, 

7 manufacture, or use of weapons of mass de8 struction or the acquisition or development of 

9 ballistic missiles to carry such weapons; and 

10 (C) the government has provided assur11 ances that it will not support such acts in the 

12 future; or 

13 (2) at least 45 days before the proposed rescis14 sion would take effect, a report justifying the rescis15 sion and certifying that— 

16 (A) the government of the country con17 cerned has not provided any support for acts of 

18 proliferation of equipment, technology, or mate19 rials to support the design, acquisition, manu20 facture, or use of weapons of mass destruction 

21 or the acquisition or development of ballistic 

22 missiles to carry such weapons during the pre23 ceding 24-month period; and 


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1 (B) the government has provided assur2 ances that it will not support such acts of pro3 liferation in the future. 

4 (d) WAIVER.—The President may waive the require5 ments of subsection (a) on a case-by-case basis if— 

6 (1) the President determines that national secu7 rity interests or humanitarian reasons justify a waiv8 er of such requirements, except that humanitarian 

9 reasons may not be used to justify the waiver of 

10 such requirements to provide security assistance 

11 under Public Law 87–195, Public Law 90–629, or 

12 the Export-Import Bank Act of 1945; and 

13 (2) at least 15 days before the waiver takes ef14 fect, the President consults with the congressional 

15 committees specified in subsection (c) regarding the 

16 proposed waiver and submits to the appropriate con17 gressional committees a report containing— 

18 (A) the name of the recipient country; 

19 (B) a description of the national security 

20 interests or humanitarian reasons that require 

21 the waiver; 

22 (C) the type and amount of and the jus23 tification for the assistance to be provided pur24 suant to the waiver; and 


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1 (D) the period of time during which such 

2 waiver will be effective. 

3 SEC. 9. ADDITIONAL PROTOCOL AS A CRITERION FOR 

4 UNITED STATES ASSISTANCE. 

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

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

7 to the Treaty on the Non-Proliferation of Nuclear Weap8 ons should bring into force an Additional Protocol to its 

9 safeguards agreement with the IAEA. 

10 (b) CRITERION FOR ASSISTANCE.—The United 

11 States shall, when considering the provision of assistance 

12 under Public Law 87–195 or Public Law 90–629 to a 

13 country that is a party to the Treaty on the Nonprolifera14 tion of Nuclear Weapons, take into consideration whether 

15 the proposed recipient has in force an Additional Protocol 

16 to its safeguards agreement with the IAEA. 

17 SEC. 10. SENSE OF CONGRESS. 

18 It is the sense of Congress that the President should 

19 ensure that participation in international nuclear pro20 grams conducted by the United States is limited to the 

21 greatest extent practicable to governmental and non22 governmental participants from countries that have adopt23 ed nonproliferation provisions in their nuclear cooperation 

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1 cies specified in section 123 of the Atomic Energy Act (42 

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

Æ 


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