(C) the government has provided assurances 
that it will not support such acts in the future; 
or 
(2) at least 45 days before the proposed rescission 
would take effect, a report justifying the rescission 
and certifying that— 
(A) the government of the country concerned 
has not provided any support for acts of pro-
liferation of equipment, technology, or materials 
to support the design, acquisition, manufacture, 
or use of weapons of mass destruction during the 
preceding 24-month period; and 
(B) the government has provided assurances 
that it will not support such acts of proliferation 
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 
Public Law 87–195, Public Law 90–629, or the Ex-
port-Import Bank Act of 1945; and 
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(2) at least 15 days before the waiver takes effect, 
the President consults with the appropriate congres-
sional 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 pursu-
ant to the waiver; and 
(D) the period of time during which such 
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 Weapons 
should bring into force an Additional Protocol to its safe-
guards agreement with the IAEA. 
(b) CRITERION FOR ASSISTANCE.—The United States 
shall, when considering the provision of assistance under 
Public Law 87–195 or Public Law 90–629 to a country 
that is a party to the Treaty on the Nonproliferation of 
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Nuclear Weapons, take into consideration whether the pro-
posed 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 nongovern-
mental participants from countries that have adopted non-
proliferation provisions in their nuclear cooperation and 
nuclear export control policies comparable to the policies 
specified in section 123 of the Atomic Energy Act (42 
U.S.C. 2153), as amended by this Act. 
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Union Calendar No. 502 
112TH CONGRESS 
2D SESSION 
H. R. 1280 
[Report No. 112–507, Part I] 
A BILL 
To amend the Atomic Energy Act of 1954 to re-
quire congressional approval of agreements for 
peaceful nuclear cooperation with foreign coun-
tries, and for other purposes. 
OCTOBER 1, 2012 
The Committees on Rules and Energy and Commerce 
discharged; committed to the Committee of the Whole 
House on the State of the Union and ordered to be 
printed 
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