I 
112TH CONGRESS 
1ST SESSION H. R. 1280 
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 
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, 
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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 
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(F) by adding at the end 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) if the cooperating party does not op-
erate, as of April 1, 2011, enrichment or re-
processing facilities, 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 fa-
cilities for such activities, will occur within the 
territory over which the cooperating party exer-
cises sovereignty.’’; 
(3) in subsection c., by striking ‘‘and’’ at the 
end; 
(4) in subsection d.— 
(A) in the first sentence— 
(i) by striking ‘‘not’’ the first and sec-
ond place it appears; 
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(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 
(B) by striking the final period and insert-
ing ‘‘; and’’; 
(5) by redesignating subsection e. as subsection 
f.; and 
(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-
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monly known as the ‘Biological Weapons 
Convention’); and 
‘‘(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 
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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-
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.’’. 
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