I 

115TH CONGRESS 

2D SESSION H. R. 5357 

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 21, 2018 

Ms. ROS-LEHTINEN (for herself, Mr. SHERMAN, Mr. POE of Texas, and Mr. 

KEATING) 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Nuclear Cooperation 

5 Reform Act of 2018’’. 


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1 SEC. 2. REQUIREMENT FOR CONGRESSIONAL APPROVAL 

2 OF AGREEMENTS FOR PEACEFUL NUCLEAR 

3 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; 

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 for cooperation 

14 enters into force, a legal regime providing for 

15 adequate protection from civil liability that will 

16 allow for the participation of United States sup17 pliers in any effort by the country to develop ci18 vilian nuclear power; and 

19 ‘‘(12) a commitment that is part of the 

20 agreement for cooperation, or another legally 

21 binding document that is considered part of the 

22 agreement, that no enrichment or reprocessing 

23 activities, or acquisition or construction of such 

24 facilities, will occur within the territory over 


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1 which the cooperating party exercises sov2 ereignty.’’; 

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

4 end; 

5 (4) in subsection d., by striking the final period 

6 and inserting ‘‘; and’’; 

7 (5) by redesignating subsection e. as subsection 

8 f.; 

9 (6) by inserting immediately after subsection d. 

10 the following new subsection: 

11 ‘‘e. the cooperating party— 

12 ‘‘(1) has acceded to and is fully imple13 menting the provisions and guidelines of— 

14 ‘‘(A) the Convention on the Prohibi15 tion of the Development, Production, 

16 Stockpiling and Use of Chemical Weapons 

17 and on their Destruction (commonly 

18 known as the ‘Chemical Weapons Conven19 tion’); 

20 ‘‘(B) the Convention on the Prohibi21 tion of the Development, Production and 

22 Stockpiling of Bacteriological and Toxin 

23 Weapons and on their Destruction (com24 monly known as the ‘Biological Weapons 

25 Convention’); and 


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1 ‘‘(C) all other international agree2 ments to which the United States is a 

3 party regarding the export of nuclear, 

4 chemical, biological, and advanced conven5 tional weapons, including missiles and 

6 other delivery systems; 

7 ‘‘(2) has established and is fully imple8 menting an effective export control system, in9 cluding fully implementing the provisions and 

10 guidelines of United Nations Security Council 

11 Resolution 1540; 

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

13 Nations conventions to which the United States 

14 is a party and all Security Council resolutions 

15 regarding the prevention of the proliferation of 

16 weapons of mass destruction, including— 

17 ‘‘(A) the Convention on the Physical 

18 Protection of Nuclear Material; and 

19 ‘‘(B) the United Nations International 

20 Convention for the Suppression of Acts of 

21 Nuclear Terrorism; 

22 ‘‘(4) is not a Destination of Diversion Con23 cern under section 303 of the Comprehensive 

24 Iran Sanctions, Accountability, and Divestment 


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1 Act of 2010 (22 U.S.C. 8543; Public Law 111– 

2 195); 

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.’’; and 


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1 (7) by adding after subsection f. (as redesig2 nated by paragraph (5) of this subsection) the fol3 lowing new subsection: 

4 ‘‘g. For purposes of this section— 

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

6 agreement for cooperation with a country with 

7 respect to which the United States has, after 

8 March 20, 2018, entered into such an agree9 ment; and 

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

11 an agreement for cooperation with a country 

12 with respect to which the United States has, be13 fore the date of the enactment of this sub14 section, entered into such an agreement.’’. 

15 (b) SUBSEQUENT ARRANGEMENTS.—Section 131 

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

17 (1) in the second sentence, by striking ‘‘secu18 rity,’’ and all that follows through ‘‘publication.’’ 

19 and inserting ‘‘security.’’; and 

20 (2) by inserting after the second sentence the 

21 following new sentences: ‘‘Such subsequent arrange22 ment shall become effective only if Congress enacts 

23 a joint resolution of approval according to the proce24 dures of sections 123 d. and 130 i. of this Act. Any 

25 such nuclear proliferation assessment statement 


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1 shall be submitted to the Committee on Foreign Af2 fairs of the House of Representatives and the Com3 mittee on Foreign Relations of the Senate not later 

4 than the 31st day of continuous session after sub5 mission of the subsequent arrangement.’’. 

6 SEC. 3. WITHDRAWAL FROM THE TREATY ON THE NON7 PROLIFERATION OF NUCLEAR WEAPONS. 

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

9 United States to oppose the withdrawal from the Treaty 

10 on the Non-Proliferation of Nuclear Weapons (in this sec11 tion referred to as the ‘‘Treaty’’) of any country that is 

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

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

14 reverse any such withdrawal from the Treaty. 

15 (b) PROHIBITION ON CERTAIN ASSISTANCE.—Not16 withstanding any other provision of law, no assistance 

17 (other than humanitarian assistance) under any provision 

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

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

20 of this Act. 

21 (c) RETURN OF ALL UNITED STATES-ORIGIN MATE22 RIALS AND EQUIPMENT.—The United States shall seek 

23 the return of any material, equipment, or components 

24 transferred under an agreement for civil nuclear coopera25 tion that is in force pursuant to section 123 of the Atomic 


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

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

3 material produced through the use of such material, equip4 ment, or components, previously provided to a country 

5 that withdraws from the Treaty. 

6 SEC. 4. REPORT ON COMPARABILITY OF NONPROLIFERA7 TION CONDITIONS BY FOREIGN NUCLEAR 

8 SUPPLIERS. 

9 Not later than 180 days after the date of the enact10 ment of this Act, the President shall transmit to the Com11 mittee on Foreign Affairs of the House of Representatives 

12 and the Committee on Foreign Relations of the Senate 

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

14 in civil nuclear exports (including power and research nu15 clear reactors) requires nuclear nonproliferation require16 ments as conditions for export comparable to those under 

17 the Atomic Energy Act of 1954, as amended by this Act. 

18 Such report shall also— 

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

20 each such country incorporate United States-origin 

21 components, technology, or materials that require 

22 United States approval for re-export; 

23 (2) detail the civil nuclear-related trade and in24 vestments in the United States by any entity from 

25 each such country; and 


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1 (3) list any United States grant, concessionary 

2 loan or loan guarantee, or any other incentive or in3 ducement to any such country or entity related to 

4 nuclear exports or investments in the United States. 

5 SEC. 5. INITIATIVES AND NEGOTIATIONS RELATING TO 

6 AGREEMENTS FOR PEACEFUL NUCLEAR CO7 OPERATION. 

8 Subsection f. of section 123 of the Atomic Energy 

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

10 to section 2(a)(6) of this Act, is amended to read as fol11 lows: 

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

13 Foreign Affairs of the House of Representatives and 

14 the Committee on Foreign Relations of the Senate 

15 fully and currently informed of any initiative or ne16 gotiations relating to a new or amended agreement 

17 for peaceful nuclear cooperation pursuant to this 

18 section prior to the President’s announcement of 

19 such initiative or negotiations. The President shall 

20 consult with such Committees concerning such ini21 tiative or negotiations beginning not later than 15 

22 calendar days after the initiation of any such nego23 tiations, or the receipt or transmission of a draft 

24 agreement, whichever occurs first, and monthly 

25 thereafter until such time as the negotiations are 


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1 concluded. At such monthly intervals the President 

2 shall also provide such Committees with the current 

3 working drafts and proposed text put forward for 

4 negotiation by the parties for inclusion in such 

5 agreement.’’. 

6 SEC. 6. CONDUCT RESULTING IN TERMINATION OF NU7 CLEAR EXPORTS. 

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

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

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

11 the semicolon; and 

12 (2) by inserting immediately after subpara13 graph (C) the following new subparagraph: 

14 ‘‘(D) been identified as a foreign country 

15 included in the most recent report required 

16 under section 234 of the National Defense Au17 thorization Act for Fiscal Year 1998 (50 U.S.C. 

18 2367);’’. 

19 SEC. 7. CONGRESSIONAL REVIEW PROCEDURES. 

20 Paragraph (1) of section 130 i. of the Atomic Energy 

21 Act of 1954 (42 U.S.C. 2159 i.) is amended in the flush 

22 left matter following subparagraph (C) by adding at the 

23 end the following new sentence: ‘‘If such affirmative 

24 phrase is selected, such joint resolution may include any 


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1 other provisions to accompany such proposed agreement 

2 for cooperation.’’. 

3 SEC. 8. PROHIBITION ON ASSISTANCE TO STATE SPONSORS 

4 OF PROLIFERATION OF WEAPONS OF MASS 

5 DESTRUCTION. 

6 (a) PROHIBITION ON ASSISTANCE.—The United 

7 States may not provide any assistance under the Foreign 

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

9 Foreign Military Sales Act, the Food for Peace Act, the 

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

11 to any country if the Secretary of State determines that 

12 the government of the country has repeatedly provided 

13 support for acts of proliferation of equipment, technology, 

14 or materials to support the design, acquisition, manufac15 ture, or use of weapons of mass destruction or the acquisi16 tion or development of missiles to carry such weapons. 

17 (b) PUBLICATION OF DETERMINATIONS.—Each de18 termination of the Secretary of State under subsection (a) 

19 shall be published in the Federal Register. 

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

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

22 the Secretary submits to the Committee on Foreign Af23 fairs of the House of Representatives and the Committee 

24 on Foreign Relations of the Senate— 


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1 (1) before the proposed rescission would take 

2 effect, a report certifying that— 

3 (A) there has been a fundamental change 

4 in the leadership and policies of the government 

5 of the country concerned; 

6 (B) the government is not supporting acts 

7 of proliferation of equipment, technology, or 

8 materials to support the design, acquisition, 

9 manufacture, or use of weapons of mass de10 struction or the acquisition or development of 

11 missiles to carry such weapons; and 

12 (C) the government has provided assur13 ances that it will not support such acts in the 

14 future; or 

15 (2) at least 45 days before the proposed rescis16 sion would take effect, a report justifying the rescis17 sion and certifying that— 

18 (A) the government of the country con19 cerned has not provided any support for acts of 

20 proliferation of equipment, technology, or mate21 rials to support the design, acquisition, manu22 facture, or use of weapons of mass destruction 

23 or the acquisition or development of missiles to 

24 carry such weapons during the preceding 24- 

25 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 the Foreign Assistance Act of 1961, the Arms 

12 Export Control Act, the Foreign Military Sales Act, 

13 or the Export-Import Bank Act of 1945; and 

14 (2) at least 15 days before the waiver takes ef15 fect, the President consults with the congressional 

16 committees specified in subsection (c) regarding the 

17 proposed waiver and transmits to the congressional 

18 committees a report containing— 

19 (A) the name of the recipient country; 

20 (B) a description of the national security 

21 interests or humanitarian reasons that require 

22 the waiver; 

23 (C) the type and amount of, and the jus24 tification for, the assistance to be provided pur25 suant to the waiver; and 


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1 (D) the period of time during which the 

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 the Foreign Assistance Act of 1961, the Arms Ex13 port Control Act, or the Foreign Military Sales Act to a 

14 country that is a party to the Treaty on the Nonprolifera15 tion of Nuclear Weapons, take into consideration whether 

16 the proposed recipient has in force an Additional Protocol 

17 to its safeguards agreement with the IAEA. 

18 SEC. 10. SENSE OF CONGRESS. 

19 It is the sense of Congress that the President should 

20 ensure that participation in international nuclear pro21 grams conducted by the United States is limited to the 

22 greatest extent practicable to governmental and non23 governmental participants from countries that have adopt24 ed nonproliferation provisions in their nuclear cooperation 

25 and nuclear export control policies comparable to the poliVerDate Sep 11 2014 23:04 Apr 02, 2018 Jkt 079200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H5357.IH H5357

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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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