TITLE 
I—STRENGTHENING 
UNITED 
STATES 
NON-
PROLIFERATION ACTIVITIES 
SEC. 101. OPPOSITION OF WITHDRAWAL OF COUNTRIES 
FROM NPT. 
(a) STATEMENT OF POLICY.—It is the policy of the 
United States to oppose the withdrawal of any country 
that is a party to the Treaty on the Non-Proliferation of 
Nuclear Weapons (hereinafter in this section referred to 
as the ‘‘Treaty’’) and to use all political, economic, and 
diplomatic means at its disposal to deter, prevent, and 
sanction any such withdrawal from the Treaty. 
(b) LIMITATION ON ASSISTANCE.—Notwithstanding 
any other provision of law, no assistance (other than hu-
manitarian assistance) under any provision of law may be 
provided to a country that withdraws from the Treaty on 
or after the date of the enactment of this Act. 
(c) RETURN OF U.S.-ORIGIN MATERIALS, EQUIP-
MENT, OR COMPONENTS.—The United States shall, with 
respect to a country that withdraws from the Treaty, seek 
the return of— 
(1) any material, equipment, or components 
transferred to the country under an agreement for 
cooperation that is in force pursuant to the author-
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ity of section 123 of the Atomic Energy Act of 1954 
(42 U.S.C. 2153); and 
(2) any special fissionable material produced 
through the use of such material, equipment, or 
components previously transferred to the country. 
SEC. 102. PAYMENT OF UNITED STATES DUES TO IAEA. 
Not later than January 31, 2013, and January 31 
of each succeeding year, the United States shall pay its 
full assessed contribution to the regular operating budget 
of the International Atomic Energy Agency (IAEA). 
SEC. 103. 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 or the Arms 
Export Control Act, take into consideration whether the 
proposed recipient has in force an Additional Protocol to 
its safeguards agreement with the IAEA. 
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SEC. 104. PROHIBITION ON ASSISTANCE TO STATE SPON-
SORS OF PROLIFERATION OF WEAPONS OF 
MASS DESTRUCTION. 
(a) PROHIBITION
ON
ASSISTANCE.—The United 
States shall not provide any assistance under the Foreign 
Assistance Act of 1961, the Arms Export Control 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 de-
sign, acquisition, manufacture, or use of weapons of mass 
destruction. 
(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 appropriate congressional 
committees— 
(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; 
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(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; 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 
during the preceding 24-month period; and 
(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 
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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, 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 appropriate 
congressional committees regarding the proposed 
waiver and submits to the appropriate 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 
(D) the period of time during which such 
waiver will be effective. 
SEC. 105. REPORT ON COMPARABILITY OF NONPROLIFERA-
TION CONDITIONS BY FOREIGN NUCLEAR 
SUPPLIERS. 
(a) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the President 
shall submit to the appropriate congressional committees 
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a report on the extent to which each country that engages 
in exports of nuclear material, technology, or equipment 
for civil purposes (including exports of power and research 
nuclear reactors) requires nuclear nonproliferation condi-
tions for export comparable to those under this Act or the 
Atomic Energy Act of 1954, as amended by this Act. 
(b) MATTERS TO BE INCLUDED.—The report re-
quired by subsection (a) shall also include— 
(1) a detailed description of the extent to which 
the exports of each country incorporate United 
States-origin components, technology, or materials 
that require United States approval for re-export; 
(2) a detailed description of civil nuclear-related 
trade and investments by any entity from each such 
country in the United States; and 
(3) a detailed list of any United States grants, 
concessionary loans or loan guarantees, or any other 
incentive or inducement to such country or entity re-
lated to nuclear exports or investments in the United 
States. 
SEC. 106. PERIODIC SECURITY INSPECTIONS ON UNITED 
STATES EXPORTS OF NUCLEAR MATERIAL. 
The United States shall conduct periodic security in-
spections of all United States nuclear material that has 
been exported pursuant to a civil nuclear cooperation 
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agreement under section 123 of the Atomic Energy Act 
of 1954 (42 U.S.C. 2153), as amended by this Act, to 
ensure that adequate physical safeguards and accounting 
measures are in effect for such nuclear material. 
TITLE II—STRENGTHENING NU-
CLEAR 
ENERGY 
COOPERA-
TION 
AND 
NONPROLIFERA-
TION 
SEC. 201. ADDITIONAL NONPROLIFERATION CONDITIONS 
FOR NEW PEACEFUL NUCLEAR COOPERA-
TION AGREEMENTS. 
Section 123 a. of the Atomic Energy Act of 1954 (42 
U.S.C. 2153 a.) is amended— 
(1) in paragraph (3), by inserting ‘‘or acquired 
from any other source’’ after ‘‘pursuant to such 
agreement’’ each place it appears; 
(2) in paragraph (4)— 
(A) by striking ‘‘or terminates’’ and insert-
ing ‘‘, terminates’’; and 
(B) by inserting at the end before the 
semicolon the following: ‘‘, or violates or abro-
gates any provision contained within such 
agreement for cooperation’’; 
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(3) in paragraph (6), by inserting ‘‘or acquired 
from any source’’ after ‘‘agreement’’ each place it 
appears; 
(4) in paragraph (8), by striking ‘‘and’’ at the 
end; 
(5) by inserting after paragraph (9) the fol-
lowing: 
‘‘(10) except in the case of agreements ar-
ranged pursuant to section 91 c., 144 b., 144 c., or 
144 d., a guaranty by the cooperating party that if 
the country is a non-nuclear weapon state, a restric-
tion that no cooperation may occur with the cooper-
ating party until an Additional Protocol for safe-
guards with the International Atomic Energy Agen-
cy has entered into force for the cooperating party; 
‘‘(11) a guaranty by the cooperating party that 
no nationals of a third country will be permitted ac-
cess to any reactor, related equipment, or any sen-
sitive materials transferred under the agreement for 
cooperation without the prior consent of the United 
States; and 
‘‘(12) if the cooperating party does not operate 
enrichment or reprocessing facilities, a requirement 
as part of the agreement for cooperation or a bind-
ing addendum or other document that is considered 
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part of the agreement, that no enrichment or reproc-
essing activities, or construction of facilities for such 
activities, will occur within the territory over which 
the country exercises sovereignty, unless such activi-
ties are pursued as part of a multilateral consortium 
of countries that are state parties to the Treaty on 
the Non-Proliferation of Nuclear Weapons in good 
standing, and with the explicit support of the United 
States, and granting the United States the right to 
terminate such agreement if such requirement is vio-
lated, abrogated, or otherwise revoked.’’; and 
(6) by striking the matter following paragraph 
(12) (as added by paragraph (5) of this section). 
SEC. 202. REQUIREMENT FOR NEGOTIATION BY SEC-
RETARY OF STATE. 
Section 123 of the Atomic Energy Act of 1954 (42 
U.S.C. 2153) is amended by striking subsection b. and 
inserting the following: 
‘‘b. REQUIREMENT
FOR
NEGOTIATION
BY
SEC-
RETARY OF STATE.—Except in the case of those agree-
ments for cooperation arranged pursuant to section 91 c., 
144 b., 144 c., or 144 d., any proposed agreement for co-
operation shall be negotiated by the Secretary of State, 
with the technical assistance and concurrence of the Sec-
retary of Energy.’’. 
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SEC. 203. SUBMISSION OF PROPOSED AGREEMENT TO THE 
PRESIDENT. 
Section 123 of the Atomic Energy Act of 1954 (42 
U.S.C. 2153), as amended by this Act, is further amended 
by striking subsection c. and inserting the following: 
‘‘c. SUBMISSION OF PROPOSED AGREEMENT TO THE 
PRESIDENT.— 
‘‘(1) IN GENERAL.—After consultation with the 
Nuclear Regulatory Commission, such agreement 
shall be submitted to the President jointly by the 
Secretary of State and the Secretary of Energy ac-
companied by the views and recommendations of the 
Secretary of State, the Secretary of Energy and the 
Nuclear Regulatory Commission. 
‘‘(2) NUCLEAR
PROLIFERATION
ASSESSMENT 
STATEMENT.—The Secretary of State shall also pro-
vide to the President an unclassified Nuclear Pro-
liferation Assessment Statement, which shall— 
‘‘(A) analyze the consistency of the text of 
the proposed agreement for cooperation with all 
the requirements of this Act, with specific at-
tention to whether the proposed agreement is 
consistent with each of the criteria set forth in 
subsection a.; and 
‘‘(B) assess the adequacy of the safeguards 
and other control mechanisms and the peaceful 
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use assurances contained in the agreement for 
cooperation to ensure that any assistance fur-
nished thereunder will not be used to further 
any military or nuclear explosive purpose. Each 
Nuclear Proliferation Assessment Statement 
prepared pursuant to this Act shall be accom-
panied by a classified annex, prepared in con-
sultation with the Director of National Intel-
ligence, summarizing relevant classified infor-
mation. 
‘‘(3) SUBMISSION REQUIREMENTS.—In the case 
of an agreement for cooperation arranged pursuant 
to— 
‘‘(A) section 91 c., 144 b., 144 c., or 144 
d., the agreement shall be submitted to the 
President by the Secretary of Energy; and 
‘‘(B) section 91 c. or 144 b., which is to 
be implemented by the Department of Defense, 
the agreement shall be submitted to the Presi-
dent by the Secretary of Defense.’’. 
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