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 ad-
dition to the Committee on Rules, for a period to be subsequently deter-
mined 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 con-
gressional approval of agreements for peaceful nuclear 
cooperation with foreign countries, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Mar 15 2010 
19:52 Dec 21, 2013
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3766.IH
H3766
sroberts on DSK5SPTVN1PROD with BILLS
SECTION 1. REQUIREMENT FOR CONGRESSIONAL AP-
PROVAL OF AGREEMENTS FOR PEACEFUL 
NUCLEAR COOPERATION. 
(a) COOPERATION WITH OTHER NATIONS.—Section 
123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) 
is amended— 
(1) in the matter preceding subsection a., by 
striking ‘‘No cooperation’’ and inserting ‘‘Subject to 
subsection f., no cooperation’’; 
(2) in subsection a.— 
(A) in paragraph (3), by inserting ‘‘or ac-
quired from any other source’’ after ‘‘pursuant 
to such agreement’’ each place it appears; 
(B) in paragraph (4)— 
(i) by striking ‘‘or terminates or’’ and 
inserting ‘‘, terminates,’’; and 
(ii) by inserting ‘‘, or violates or abro-
gates any provision contained within such 
agreement’’ after ‘‘IAEA safeguards’’; 
(C) in paragraph (6), by inserting ‘‘or ac-
quired from any other source’’ after ‘‘agree-
ment’’ each place it appears; 
(D) in paragraph (8), by striking ‘‘and’’ at 
the end; 
(E) in paragraph (9), by striking the pe-
riod at the end and inserting a semicolon; and 
VerDate Mar 15 2010 
19:52 Dec 21, 2013
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3766.IH
H3766
sroberts on DSK5SPTVN1PROD with BILLS
(F) by inserting after paragraph (9) the 
following new paragraphs: 
‘‘(10) a guaranty by the cooperating party 
that no nationals of a third country shall be 
permitted access to any reactor, related equip-
ment, or sensitive materials transferred under 
the agreement for cooperation without the prior 
consent of the United States; and 
‘‘(11) a commitment to maintain and, in 
the case of a country without such a legal re-
gime in place, a commitment to enact at the 
earliest possible date, and in no case later than 
one year after the agreement enters into force, 
a legal regime providing for adequate protection 
from civil liability that will allow for the partici-
pation of United States suppliers in any effort 
by the country to develop civilian nuclear 
power.’’; 
(3) in the matter following paragraph (11) (as 
added by paragraph (2)(F) of this subsection), by 
striking ‘‘The President may exempt a proposed 
agreement for cooperation’’ and all that follows 
through ‘‘common defense and security.’’; 
(4) in subsection c., by striking ‘‘and’’ at the 
end; 
VerDate Mar 15 2010 
19:52 Dec 21, 2013
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3766.IH
H3766
sroberts on DSK5SPTVN1PROD with BILLS
(5) in subsection d.— 
(A) in the first sentence— 
(i) by striking ‘‘not’’ the first and sec-
ond place it appears; 
(ii) by inserting ‘‘only’’ after ‘‘effec-
tive’’ the first place it appears; and 
(iii) by striking ‘‘: Provided further,’’ 
and all that follows through ‘‘such agree-
ment’’ and inserting ‘‘, unless the proposed 
agreement includes a requirement as part 
of the agreement for cooperation or other 
legally binding document that is considered 
part of the agreement that no enrichment 
or reprocessing activities, or acquisition or 
construction of facilities for such activities, 
will occur within the territory over which 
the cooperating party exercises sovereignty, 
in which case the agreement shall become 
effective unless the Congress adopts, and 
there is enacted, a joint resolution of dis-
approval (1) during such 60-day period for 
a new agreement; or (2) during a period of 
30 days of continuous session for a re-
newal agreement’’; and 
VerDate Mar 15 2010 
19:52 Dec 21, 2013
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3766.IH
H3766
sroberts on DSK5SPTVN1PROD with BILLS
tional weapons, including missiles and 
other delivery systems; 
‘‘(2) has established and is fully imple-
menting an effective export control system, in-
cluding fully implementing the provisions and 
guidelines of United Nations Security Council 
Resolution 1540; 
‘‘(3) is in full compliance with all United 
Nations conventions to which the United States 
is a party and all Security Council resolutions 
regarding the prevention of the proliferation of 
weapons of mass destruction, including— 
‘‘(A) the Convention on the Physical 
Protection of Nuclear Material; and 
‘‘(B) the United Nations International 
Convention for the Suppression of Acts of 
Nuclear Terrorism; 
‘‘(4) is not a Destination of Diversion Con-
cern under section 303 of the Comprehensive 
Iran Sanctions, Accountability, and Divestment 
Act of 2010 (Public Law 111–195); 
‘‘(5) is closely cooperating with the United 
States to prevent state sponsors of terrorism 
(the term ‘state sponsor of terrorism’ means a 
country the government of which has been de-
VerDate Mar 15 2010 
19:52 Dec 21, 2013
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3766.IH
H3766
sroberts on DSK5SPTVN1PROD with BILLS
termined by the Secretary of State, for pur-
poses of section 6(j) of the Export Administra-
tion Act of 1979, section 620A of the Foreign 
Assistance Act of 1961, section 40 of the Arms 
Export Control Act, or other provision of law, 
is a government that has repeatedly provided 
support for acts of international terrorism) 
from— 
‘‘(A) acquiring or developing chemical, 
biological, or nuclear weapons or related 
technologies; or 
‘‘(B) acquiring or developing desta-
bilizing numbers and types of advanced 
conventional weapons, including ballistic 
missiles; and 
‘‘(6) has signed, ratified, and is fully im-
plementing an Additional Protocol to its safe-
guards agreement with the International Atom-
ic Energy Agency.’’; and 
(8) by adding after subsection f. (as redesig-
nated by paragraph (6) of this subsection) the fol-
lowing new subsection: 
‘‘g. For purposes of this section— 
‘‘(1) the term ‘new agreement’ means an 
agreement for cooperation with a country with 
VerDate Mar 15 2010 
19:52 Dec 21, 2013
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3766.IH
H3766
sroberts on DSK5SPTVN1PROD with BILLS
respect to which the United States has not, on 
or after the date of the enactment of this sub-
section, entered into such an agreement; and 
‘‘(2) the term ‘renewal agreement’ means 
an agreement for cooperation with a country 
with respect to which the United States has, be-
fore the date of the enactment of this sub-
section, entered into such an agreement.’’. 
(b) SUBSEQUENT
ARRANGEMENTS.—Section 131 
a.(1) of such Act (42 U.S.C. 2160 a.(1)) is amended— 
(1) in the second sentence, by striking ‘‘secu-
rity,’’ and all that follows through ‘‘publication.’’ 
and inserting ‘‘security.’’; and 
(2) by inserting after the second sentence the 
following new sentences: ‘‘Such subsequent arrange-
ment shall become effective only if Congress enacts 
a joint resolution of approval according to the proce-
dures of sections 123 d. and 130 i. of this Act. Any 
such nuclear proliferation assessment statement 
shall be submitted to the Committee on Foreign Af-
fairs of the House of Representatives and the Com-
mittee on Foreign Relations of the Senate not later 
than the 31st day of continuous session after sub-
mission of the subsequent arrangement.’’. 
VerDate Mar 15 2010 
19:52 Dec 21, 2013
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3766.IH
H3766
sroberts on DSK5SPTVN1PROD with BILLS
SEC. 2. WITHDRAWAL FROM THE TREATY ON THE NON- 
PROLIFERATION OF NUCLEAR WEAPONS. 
(a) STATEMENT OF POLICY.—It is the policy of the 
United States to oppose the withdrawal from the Treaty 
on the Non-Proliferation of Nuclear Weapons (in this sec-
tion referred to as the ‘‘Treaty’’) of any country that is 
a party to the Treaty and to use all political, economic, 
and diplomatic means at its disposal to deter, prevent, or 
reverse any such withdrawal from the Treaty. 
(b) PROHIBITION ON CERTAIN ASSISTANCE.—Not-
withstanding any other provision of law, no assistance 
(other than humanitarian assistance) under any provision 
of law may be provided to a country that has withdrawn 
from the Treaty on or after the date of the enactment 
of this Act. 
(c) RETURN OF ALL UNITED STATES-ORIGIN MATE-
RIALS AND EQUIPMENT.—The United States shall seek 
the return of any material, equipment, or components 
transferred under an agreement for civil nuclear coopera-
tion that is in force pursuant to section 123 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2153) on or after the date 
of the enactment of this Act, and any special fissionable 
material produced through the use of such material, equip-
ment, or components, previously provided to a country 
that withdraws from the Treaty. 
VerDate Mar 15 2010 
19:52 Dec 21, 2013
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3766.IH
H3766
sroberts on DSK5SPTVN1PROD with BILLS
SEC. 3. REPORT ON COMPARABILITY OF NONPROLIFERA-
TION CONDITIONS BY FOREIGN NUCLEAR 
SUPPLIERS. 
Not later than 180 days after the date of the enact-
ment of this Act, the President shall transmit to the Com-
mittee on Foreign Affairs of the House of Representatives 
and the Committee on Foreign Relations of the Senate 
a report on the extent to which each country that engages 
in civil nuclear exports (including power and research nu-
clear reactors) requires nuclear nonproliferation require-
ments as conditions for export comparable to those under 
this Act. Such report shall also— 
(1) detail the extent to which the exports of 
each such country incorporate United States-origin 
components, technology, or materials that require 
United States approval for re-export; 
(2) detail the civil nuclear-related trade and in-
vestments in the United States by any entity from 
each such country; and 
(3) list any United States grant, concessionary 
loan or loan guarantee, or any other incentive or in-
ducement to any such country or entity related to 
nuclear exports or investments in the United States. 
VerDate Mar 15 2010 
19:52 Dec 21, 2013
Jkt 039200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H3766.IH
H3766
sroberts on DSK5SPTVN1PROD with BILLS