II 110th CONGRESS 2d Session S. 3193 IN THE SENATE OF THE UNITED STATES June 25, 2008 Mr. Schumer (for himself and Mr. Ensign) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To restrict nuclear cooperation with the Kingdom of Saudi Arabia.

1.

Findings

Congress finds the following: (1)On May 16, 2008, Secretary of State Condoleezza Rice and Minister of Foreign Affairs of the Kingdom of Saudi Arabia Saud al-Faisal bin Abdulaziz al-Saud signed a Memorandum of Understanding between the Government of the United States of America and the Government of the Kingdom of Saudi Arabia Concerning Cooperation in Nuclear Energy and Other Energy Fields. (2)This Memorandum of Understanding declared an intent to cooperate in developing appropriately-sized light water reactors and fuel service arrangements for the Kingdom of Saudi Arabia as well as civilian nuclear energy training, infrastructure and human resource development. (3)Saudi Arabia possesses vast energy resources, including the world’s largest proven reserves of oil. (4)Saudi Arabia has invested heavily in a national natural gas distribution pipeline which will serve as the backbone of Saudi Arabia’s national electricity generation system for decades to come. (5)Questions about the need for oil-rich nations in the Middle East to acquire the equipment and expertise to generate nuclear power have been raised in the past, notably in 2004, when Vice President Dick Cheney said, [Iran is] already sitting on an awful lot of oil and gas. No one can figure out why they need nuclear, as well, to generate energy. (6)Saudi Arabia possesses even greater petroleum resources than does Iran. (7)The development of nuclear energy technologies by the Kingdom of Saudi Arabia does not appear to have a compelling economic rationale, particularly because Saudi Arabia has additional indigenous energy advantages besides petroleum reserves, such as an average of more than 300 days of exposure to full sunlight every year, giving it a rich solar electricity generation potential. (8)The proliferation of nuclear technology in the Middle East will increase that region’s instability, and prevent the establishment of a durable and lasting security framework.

2.

Sense of Congress

Congress— (1)affirms the strong and historic ties between the Government of the United States of America and the Government of the Kingdom of Saudi Arabia; (2)disapproves of the Memorandum of Understanding between the Government of the United States of America and the Government of the Kingdom of Saudi Arabia Concerning Cooperation in Nuclear Energy and Other Energy Fields signed by Secretary of State Condoleezza Rice and Minister of Foreign Affairs of the Kingdom of Saudi Arabia Saud al-Faisal bin Abdulaziz al-Saud on May 16, 2008, at Riyadh; and (3)reiterates that the United States is committed to the nonproliferation of nuclear weapons and to preventing the acquisition of nuclear weapons by the Islamic Republic of Iran.

3.

Restriction on nuclear cooperation with the Kingdom of Saudi Arabia

(a)

Restriction on nuclear cooperation agreement

Notwithstanding any other provision of law or any international agreement, no agreement for cooperation between the United States of America and the Kingdom of Saudi Arabia pursuant to section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) may enter into force on or after the date of the enactment of this Act. (b)

Restriction on exports of nuclear materials, equipment, or technology

Notwithstanding any other provision of law, including specifically section 121 of the Atomic Energy Act of 1954 (42 U.S.C. 2151), no nuclear materials and equipment or sensitive nuclear technology, including items and assistance authorized by section 57 b. of such Act (42 U.S.C. 2077(b)) and regulated under part 810 of title 10, Code of Federal Regulations, and nuclear-related items on the Commerce Control List maintained under part 774 of title 15, Code of Federal Regulations, shall be exported or reexported, or transferred or retransferred, whether directly or indirectly, and no Federal agency shall issue any license, approval, or authorization for the export or reexport, or transfer or retransfer, whether directly or indirectly, of these items or assistance (as defined in this subsection) to the Kingdom of Saudi Arabia if the end user is a nuclear production or utilization facility, or if the President determines that the material, equipment, technology, or item may be diverted for use in such a facility.