[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6574 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 6574

    To implement the United States-Russian Federation Agreement for 
Cooperation on Peaceful Uses of Nuclear Energy, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 23, 2008

Mr. Berman (for himself and Ms. Ros-Lehtinen) introduced the following 
 bill; which was referred to the Committee on Foreign Affairs, and in 
addition to the Committee on Science and Technology, 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 implement the United States-Russian Federation Agreement for 
Cooperation on Peaceful Uses of Nuclear Energy, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``United States-
Russian Federation Nuclear Cooperation Agreement Act of 2008''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Definitions.
  TITLE I--APPROVAL OF UNITED STATES-RUSSIAN FEDERATION AGREEMENT FOR 
             COOPERATION ON PEACEFUL USES OF NUCLEAR ENERGY

Sec. 101. Approval of Agreement.
     TITLE II--LIMITATIONS ON NUCLEAR COOPERATION WITH THE RUSSIAN 
                               FEDERATION

Sec. 201. Certification of actions by the Russian Federation on 
                            nonproliferation matters.
Sec. 202. Certification of cooperation by the Russian Federation on 
                            Iran sanctions.
Sec. 203. Certification of Russian liability protections for United 
                            States civil nuclear industries.
 TITLE III--AUTHORIZATION OF EXTRAORDINARY PAYMENTS IN CONNECTION WITH 
                    THE INTERNATIONAL SPACE STATION

Sec. 301. Authorization of extraordinary payments.
TITLE IV--FUTURE AGREEMENTS FOR COOPERATION ON PEACEFUL USES OF NUCLEAR 
                                 ENERGY

Sec. 401. Requirement for congressional approval of agreements for 
                            peaceful nuclear cooperation.
Sec. 402. Initiatives and negotiations relating to agreements for 
                            peaceful nuclear cooperation.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Agency or instrumentality of a foreign state.--The term 
        ``agency or instrumentality of a foreign state'' has the 
        meaning given that term in section 1603(b) of title 28, United 
        States Code.
            (2) Agreement.--The term ``United States-Russian Federation 
        Agreement for Cooperation on Peaceful Uses of Nuclear Energy'' 
        or ``Agreement'' means the Agreement Between the Government of 
        the United States of America and the Government of the Russian 
        Federation for Cooperation in the Field of Peaceful Uses of 
        Nuclear Energy that was transmitted to the Congress by the 
        President on May 13, 2008.
            (3) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs of the House 
                of Representatives; and
                    (B) the Committee on Foreign Relations of the 
                Senate.
            (4) Extraordinary payments in connection with the 
        international space station.--The term ``extraordinary payments 
        in connection with the International Space Station'' has the 
        meaning given that term in section 7(1) of the Iran, North 
        Korea, and Syria Nonproliferation Act (Public Law 106-178; 50 
        U.S.C. 1701 note).
            (5) Goods, services, or technology.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the term ``goods, services, or technology'' 
                means--
                            (i) goods, services, or technology listed 
                        on--
                                    (I)(aa) the Nuclear Suppliers Group 
                                Guidelines for the Export of Nuclear 
                                Material, Equipment and Technology 
                                (published by the International Atomic 
                                Energy Agency as Information Circular 
                                INFCIRC/254/Rev.8/Part 1, and 
                                subsequent revisions) and Guidelines 
                                for Transfers of Nuclear-Related Dual-
                                Use Equipment, Material, and Related 
                                Technology (published by the 
                                International Atomic Energy Agency as 
                                Information Circular INFCIRC/254/Rev.7/
                                Part 2, and subsequent revisions);
                                    (bb) the Missile Technology Control 
                                Regime Equipment and Technology Annex 
                                of June 11, 1996, and subsequent 
                                revisions;
                                    (cc) the lists of items and 
                                substances relating to biological and 
                                chemical weapons the export of which is 
                                controlled by the Australia Group;
                                    (dd) the Schedule One or Schedule 
                                Two list of toxic chemicals and 
                                precursors the export of which is 
                                controlled pursuant to the Convention 
                                on the Prohibition of the Development, 
                                Production, Stockpiling and Use of 
                                Chemical Weapons and on Their 
                                Destruction; or
                                    (ee) the Wassenaar Arrangement list 
                                of Dual Use Goods and Technologies and 
                                Munitions list of July 12, 1996, and 
                                subsequent revisions; or
                            (ii) goods, services, or technology not 
                        listed on any list identified in clause (i) but 
                        which nevertheless would be, if they were 
                        United States goods, services, or technology, 
                        prohibited for export to Iran because of their 
                        potential to make a material contribution to 
                        the development of nuclear, biological, or 
                        chemical weapons, or of ballistic or cruise 
                        missile systems.
                    (B) Exclusion.--The term ``goods, services, or 
                technology'' does not include goods, services, or 
                technology that are directly related to the operation 
                of the Bushehr nuclear power reactor.
            (6) Government of the russian federation.--
                    (A) In general.--The term ``Government of the 
                Russian Federation'' includes the government of any 
                subdivision of the Russian Federation, and any agency 
                or instrumentality of the Government of the Russian 
                Federation.
                    (B) Agency or instrumentality.--For purposes of 
                subparagraph (A), the term ``agency or instrumentality 
                of the Government of the Russian Federation'' means an 
                agency or instrumentality of a foreign state as defined 
                in section 1603(b) of title 28, United States Code, 
                with each reference in such section to ``a foreign 
                state'' deemed to be a reference to ``the Russian 
                Federation''.
            (7) Government of iran.--
                    (A) In general.--The term ``Government of Iran'' 
                includes the government of any subdivision of Iran, and 
                any agency or instrumentality of the Government of 
                Iran.
                    (B) Agency or instrumentality.--For purposes of 
                subparagraph (A), the term ``agency or instrumentality 
                of the Government of Iran'' means an agency or 
                instrumentality of a foreign state as defined in 
                section 1603(b) of title 28, United States Code, with 
                each reference in such section to ``a foreign state'' 
                deemed to be a reference to ``Iran''.
            (8) National of iran.--The term ``national of Iran'' 
        means--
                    (A) any citizen of Iran; or
                    (B) any other legal entity that is organized under 
                the laws of Iran.
            (9) National of the russian federation.--The term 
        ``national of the Russian Federation'' means--
                    (A) any citizen of the Russian Federation; or
                    (B) any other legal entity that is organized under 
                the laws of the Russian Federation.
            (10) Person.--The term ``person'' means any person or 
        entity, including any agency or instrumentality of a foreign 
        state.

  TITLE I--APPROVAL OF UNITED STATES-RUSSIAN FEDERATION AGREEMENT FOR 
             COOPERATION ON PEACEFUL USES OF NUCLEAR ENERGY

SEC. 101. APPROVAL OF AGREEMENT.

    (a) In General.--Congress does favor the United States-Russian 
Federation Agreement for Cooperation on Peaceful Uses of Nuclear 
Energy, subject to the requirements of subsection (b).
    (b) Relationship to Other Provisions of Law.--Notwithstanding 
section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153), the 
Agreement shall become effective in accordance with the provisions of 
this Act and other applicable provisions of law.

     TITLE II--LIMITATIONS ON NUCLEAR COOPERATION WITH THE RUSSIAN 
                               FEDERATION

SEC. 201. CERTIFICATION OF ACTIONS BY THE RUSSIAN FEDERATION ON 
              NONPROLIFERATION MATTERS.

    (a) Certification.--No license may be issued for the export of 
nuclear material, equipment, or technology to the Russian Federation 
pursuant to the Agreement for any fiscal year beginning after the date 
of the enactment of this Act unless the President certifies to the 
appropriate congressional committees for such fiscal year that the 
requirements of subsection (b) have been met.
    (b) Requirements.--The requirements referred to in subsection are 
the following:
            (1) The Government of the Russian Federation has taken, and 
        is continuing to take, effective actions to prohibit, 
        terminate, and prevent the transfer of goods, services, or 
        technology as defined in this Act to the Government of Iran.
            (2) For the preceding 12-month period--
                    (A) there has been no cooperation with respect to 
                any activity described in paragraph (1) between the 
                Government of the Russian Federation and the Government 
                of Iran or any national of Iran based on all credible 
                information available to the United States at the time 
                of the certification; and
                    (B)(i) there has been no cooperation with respect 
                to any activity described in paragraph (1) between any 
                national of the Russian Federation and the Government 
                of Iran or any national of Iran based on all credible 
                information available to the United States at the time 
                of the certification; or
                    (ii) the Government of the Russian Federation has--
                            (I) terminated any significant cooperation 
                        between any such Russian national and the 
                        Government of Iran or any such Iranian 
                        national;
                            (II) instituted effective measures to 
                        prevent a reoccurrence of any such cooperation; 
                        or
                            (III) prosecuted any such Russian national.
    (c) Limitation.--A certification of the conditions described in 
clause (ii) of subsection (b)(2)(B) may not be used to satisfy the 
requirements of such subsection for three or more consecutive fiscal 
years.
    (d) Sunset.--The provisions of this section shall be effective for 
the 5-year period beginning on the date of the enactment of this Act.

SEC. 202. CERTIFICATION OF COOPERATION BY THE RUSSIAN FEDERATION ON 
              IRAN SANCTIONS.

    (a) Certification.--No license may be issued for the export of 
nuclear material, equipment or technology to the Russian Federation 
pursuant to the Agreement for any fiscal year beginning after the date 
of the enactment of this Act unless the President certifies to the 
appropriate congressional committees for such fiscal year that the 
requirements of subsection (b) have been met.
    (b) Requirements.--The requirements referred to in subsection (a) 
are that the Government of the Russian Federation is fully and 
completely supporting United States efforts to achieve effective 
international and United Nations Security Council sanctions on Iran in 
response to Iran's nuclear program.

SEC. 203. CERTIFICATION OF RUSSIAN LIABILITY PROTECTIONS FOR UNITED 
              STATES CIVIL NUCLEAR INDUSTRIES.

    (a) Certification.--No license may be issued for the export of 
nuclear material, equipment or technology to the Russian Federation 
pursuant to the Agreement unless the President certifies to the 
appropriate congressional committees that the requirements of 
subsection (b) have been met.
    (b) Requirements.--The requirements referred to in subsection (a) 
are that the Government of the Russian Federation has ratified the 
Convention on Supplementary Compensation for Nuclear Damage, done at 
Vienna on September 12, 1997, or has enacted domestic law that provides 
adequate liability protections for United States firms for civil 
nuclear commerce with the Russian Federation.

 TITLE III--AUTHORIZATION OF EXTRAORDINARY PAYMENTS IN CONNECTION WITH 
                    THE INTERNATIONAL SPACE STATION

SEC. 301. AUTHORIZATION OF EXTRAORDINARY PAYMENTS.

    (a) Authorization.--Notwithstanding the restrictions contained in 
section 6 of the Iran, North Korea, and Syria Nonproliferation Act 
(Public Law 106-178; 50 U.S.C. 1701 note), the President is authorized 
to make extraordinary payments in connection with the International 
Space Station to the Russian Federal Space Agency, or any organization 
or entity under the jurisdiction or control of the Russian Federal 
Space Agency, for equipment and services related to transportation to 
and from, rescue from, and provision, maintenance, and operation of the 
International Space Station.
    (b) Limitations.--The authority under subsection (a)--
            (1) shall be limited to payments for services provided 
        before July 1, 2016; and
            (2) may not be used for the purchase of--
                    (A) any cargo services provided by a Progress 
                vehicle after December 31, 2011; or
                    (B) any crew transportation or rescue services 
                provided by a Soyuz vehicle after a United States 
                commercial provider of crew transportation and rescue 
                services demonstrates the capability to meet mission 
                requirements of the International Space Station.

TITLE IV--FUTURE AGREEMENTS FOR COOPERATION ON PEACEFUL USES OF NUCLEAR 
                                 ENERGY

SEC. 401. REQUIREMENT FOR CONGRESSIONAL APPROVAL OF AGREEMENTS FOR 
              PEACEFUL NUCLEAR COOPERATION.

    (a) Cooperation With Other Nations.--Section 123 d. of the Atomic 
Energy Act of 1954 (42 U.S.C. 2153 d.) is amended in the first 
sentence--
            (1) by striking ``not'' the first and second place it 
        appears;
            (2) by inserting ``only'' after ``effective''; and
            (3) by striking ``Provided further,'' and all that follows 
        through the period at the end.
    (b) Subsequent Arrangements.--Section 131 a.(1) of such Act is 
amended--
            (1) in the second sentence, by striking ``, security'' and 
        all that follows through the period at the end; and
            (2) by inserting after the second sentence the following: 
        ``Such subsequent arrangement shall not take effect unless the 
        Congress enacts a joint resolution of approval, according to 
        the procedures of sections 123 d. and 130 i. of this Act. Any 
        such nuclear proliferation assessment statement shall be 
        submitted to the Committee on Foreign Affairs of the House of 
        Representatives and the Committee on Foreign Relations of the 
        Senate no later than the 31st day of continuous session after 
        submission of the subsequent arrangement.''.

SEC. 402. INITIATIVES AND NEGOTIATIONS RELATING TO AGREEMENTS FOR 
              PEACEFUL NUCLEAR COOPERATION.

    Section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) is 
amended by adding at the end the following:
    ``e. 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 
negotiations 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 the appropriate congressional committees concerning such 
initiative or negotiations beginning not less than 15 calendar days 
after the initiation of any such negotiations, or the receipt or 
transmission of a draft agreement, whichever occurs first, and monthly 
thereafter until such time as the negotiations are concluded.''.
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