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 Com-
mittee 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 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, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Nuclear Cooperation 
Reform Act of 2018’’. 
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SEC. 2. REQUIREMENT FOR CONGRESSIONAL APPROVAL 
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 
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(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; 
‘‘(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 for cooperation 
enters into force, a legal regime providing for 
adequate protection from civil liability that will 
allow for the participation of United States sup-
pliers in any effort by the country to develop ci-
vilian nuclear power; and 
‘‘(12) a commitment that is part of the 
agreement for cooperation, or another legally 
binding document that is considered part of the 
agreement, that no enrichment or reprocessing 
activities, or acquisition or construction of such 
facilities, will occur within the territory over 
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which the cooperating party exercises sov-
ereignty.’’; 
(3) in subsection c., by striking ‘‘and’’ at the 
end; 
(4) in subsection d., by striking the final period 
and inserting ‘‘; and’’; 
(5) by redesignating subsection e. as subsection 
f.; 
(6) by inserting immediately after subsection d. 
the following new subsection: 
‘‘e. the cooperating party— 
‘‘(1) has acceded to and is fully imple-
menting the provisions and guidelines of— 
‘‘(A) the Convention on the Prohibi-
tion of the Development, Production, 
Stockpiling and Use of Chemical Weapons 
and 
on 
their 
Destruction 
(commonly 
known as the ‘Chemical Weapons Conven-
tion’); 
‘‘(B) the Convention on the Prohibi-
tion of the Development, Production and 
Stockpiling of Bacteriological and Toxin 
Weapons and on their Destruction (com-
monly known as the ‘Biological Weapons 
Convention’); and 
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‘‘(C) all other international agree-
ments to which the United States is a 
party regarding the export of nuclear, 
chemical, biological, and advanced conven-
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 
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Act of 2010 (22 U.S.C. 8543; 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-
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 
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(7) by adding after subsection f. (as redesig-
nated by paragraph (5) 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 
respect to which the United States has, after 
March 20, 2018, entered into such an agree-
ment; 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 
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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.’’. 
SEC. 3. 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 
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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. 
SEC. 4. 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 
the Atomic Energy Act of 1954, as amended by 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 
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(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. 
SEC. 5. INITIATIVES AND NEGOTIATIONS RELATING TO 
AGREEMENTS FOR PEACEFUL NUCLEAR CO-
OPERATION. 
Subsection f. of section 123 of the Atomic Energy 
Act of 1954 (42 U.S.C. 2153), as redesignated pursuant 
to section 2(a)(6) of this Act, is amended to read as fol-
lows: 
‘‘f. The President shall keep the Committee on 
Foreign Affairs of the House of Representatives and 
the Committee on Foreign Relations of the Senate 
fully and currently informed of any initiative or ne-
gotiations relating to a new or amended agreement 
for peaceful nuclear cooperation pursuant to this 
section prior to the President’s announcement of 
such initiative or negotiations. The President shall 
consult with such Committees concerning such ini-
tiative or negotiations beginning not later than 15 
calendar days after the initiation of any such nego-
tiations, or the receipt or transmission of a draft 
agreement, whichever occurs first, and monthly 
thereafter until such time as the negotiations are 
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concluded. At such monthly intervals the President 
shall also provide such Committees with the current 
working drafts and proposed text put forward for 
negotiation by the parties for inclusion in such 
agreement.’’. 
SEC. 6. CONDUCT RESULTING IN TERMINATION OF NU-
CLEAR EXPORTS. 
Paragraph (2) of section 129 a. of the Atomic Energy 
Act of 1954 (42 U.S.C. 2158 a.) is amended— 
(1) in subparagraph (C), by inserting ‘‘or’’ after 
the semicolon; and 
(2) by inserting immediately after subpara-
graph (C) the following new subparagraph: 
‘‘(D) been identified as a foreign country 
included in the most recent report required 
under section 234 of the National Defense Au-
thorization Act for Fiscal Year 1998 (50 U.S.C. 
2367);’’. 
SEC. 7. CONGRESSIONAL REVIEW PROCEDURES. 
Paragraph (1) of section 130 i. of the Atomic Energy 
Act of 1954 (42 U.S.C. 2159 i.) is amended in the flush 
left matter following subparagraph (C) by adding at the 
end the following new sentence: ‘‘If such affirmative 
phrase is selected, such joint resolution may include any 
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other provisions to accompany such proposed agreement 
for cooperation.’’. 
SEC. 8. PROHIBITION ON ASSISTANCE TO STATE SPONSORS 
OF PROLIFERATION OF WEAPONS OF MASS 
DESTRUCTION. 
(a) PROHIBITION
ON
ASSISTANCE.—The United 
States may not provide any assistance under the Foreign 
Assistance Act of 1961, the Arms Export Control Act, the 
Foreign Military Sales Act, the Food for Peace Act, the 
Peace Corps Act, or the Export-Import Bank Act of 1945 
to any country if the Secretary of State determines that 
the government of the country has repeatedly provided 
support for acts of proliferation of equipment, technology, 
or materials to support the design, acquisition, manufac-
ture, or use of weapons of mass destruction or the acquisi-
tion or development of missiles to carry such weapons. 
(b) PUBLICATION OF DETERMINATIONS.—Each de-
termination of the Secretary of State under subsection (a) 
shall be published in the Federal Register. 
(c) RESCISSION.—A determination of the Secretary 
of State under subsection (a) may not be rescinded unless 
the Secretary submits to the Committee on Foreign Af-
fairs of the House of Representatives and the Committee 
on Foreign Relations of the Senate— 
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(1) before the proposed rescission would take 
effect, a report certifying that— 
(A) there has been a fundamental change 
in the leadership and policies of the government 
of the country concerned; 
(B) the government is not supporting acts 
of proliferation of equipment, technology, or 
materials to support the design, acquisition, 
manufacture, or use of weapons of mass de-
struction or the acquisition or development of 
missiles to carry such weapons; and 
(C) the government has provided assur-
ances that it will not support such acts in the 
future; or 
(2) at least 45 days before the proposed rescis-
sion would take effect, a report justifying the rescis-
sion and certifying that— 
(A) the government of the country con-
cerned has not provided any support for acts of 
proliferation of equipment, technology, or mate-
rials to support the design, acquisition, manu-
facture, or use of weapons of mass destruction 
or the acquisition or development of missiles to 
carry such weapons during the preceding 24- 
month period; and 
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(B) the government has provided assur-
ances that it will not support such acts of pro-
liferation in the future. 
(d) WAIVER.—The President may waive the require-
ments of subsection (a) on a case-by-case basis if— 
(1) the President determines that national secu-
rity interests or humanitarian reasons justify a waiv-
er of such requirements, except that humanitarian 
reasons may not be used to justify the waiver of 
such requirements to provide security assistance 
under the Foreign Assistance Act of 1961, the Arms 
Export Control Act, the Foreign Military Sales Act, 
or the Export-Import Bank Act of 1945; and 
(2) at least 15 days before the waiver takes ef-
fect, the President consults with the congressional 
committees specified in subsection (c) regarding the 
proposed waiver and transmits to the congressional 
committees a report containing— 
(A) the name of the recipient country; 
(B) a description of the national security 
interests or humanitarian reasons that require 
the waiver; 
(C) the type and amount of, and the jus-
tification for, the assistance to be provided pur-
suant to the waiver; and 
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(D) the period of time during which the 
waiver will be effective. 
SEC. 9. ADDITIONAL PROTOCOL AS A CRITERION FOR 
UNITED STATES ASSISTANCE. 
(a) STATEMENT OF POLICY.—It is the policy of the 
United States to ensure that each country that is a party 
to the Treaty on the Non-Proliferation of Nuclear Weap-
ons should bring into force an Additional Protocol to its 
safeguards agreement with the IAEA. 
(b) CRITERION
FOR
ASSISTANCE.—The United 
States shall, when considering the provision of assistance 
under the Foreign Assistance Act of 1961, the Arms Ex-
port Control Act, or the Foreign Military Sales Act to a 
country that is a party to the Treaty on the Nonprolifera-
tion of Nuclear Weapons, take into consideration whether 
the proposed recipient has in force an Additional Protocol 
to its safeguards agreement with the IAEA. 
SEC. 10. SENSE OF CONGRESS. 
It is the sense of Congress that the President should 
ensure that participation in international nuclear pro-
grams conducted by the United States is limited to the 
greatest extent practicable to governmental and non-
governmental participants from countries that have adopt-
ed nonproliferation provisions in their nuclear cooperation 
and nuclear export control policies comparable to the poli-
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cies specified in section 123 of the Atomic Energy Act (42 
U.S.C. 2153), as amended by this Act. 
Æ 
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