[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1280 Introduced in House (IH)]

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 congressional 
 approval of agreements for peaceful nuclear cooperation with foreign 
                   countries, 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. REQUIREMENT FOR CONGRESSIONAL APPROVAL 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 acquired 
                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 
                        abrogates any provision contained within such 
                        agreement'' after ``IAEA safeguards'';
                    (C) in paragraph (6), by inserting ``or acquired 
                from any other source'' after ``agreement'' each place 
                it appears;
                    (D) in paragraph (8), by striking ``and'' at the 
                end;
                    (E) in paragraph (9), by striking the period at the 
                end and inserting a semicolon; and
                    (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 equipment, 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 operate, 
                as of April 1, 2011, enrichment or reprocessing 
                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 facilities for such activities, will occur within 
                the territory over which the cooperating party 
                exercises 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 
                        second place it appears;
                            (ii) by inserting ``only'' after 
                        ``effective'' the first place it appears; and
                            (iii) by striking ``: Provided further,'' 
                        and all that follows through ``such 
                        agreement''; and
                    (B) by striking the final period and inserting ``; 
                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 implementing the 
                provisions and guidelines of--
                            ``(A) the Convention on the Prohibition of 
                        the Development, Production, Stockpiling and 
                        Use of Chemical Weapons and on their 
                        Destruction (commonly known as the `Chemical 
                        Weapons Convention');
                            ``(B) the Convention on the Prohibition of 
                        the Development, Production and Stockpiling of 
                        Bacteriological and Toxin Weapons and on their 
                        Destruction (commonly known as the `Biological 
                        Weapons Convention'); and
                            ``(C) all other international agreements to 
                        which the United States is a party regarding 
                        the export of nuclear, chemical, biological, 
                        and advanced conventional weapons, including 
                        missiles and other delivery systems;
                    ``(2) has established and is fully implementing an 
                effective export control system, including 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 Concern 
                under section 303 of the Comprehensive 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 determined by the Secretary of State, 
                for purposes of section 6(j) of the Export 
                Administration 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 destabilizing 
                        numbers and types of advanced conventional 
                        weapons, including ballistic missiles; and
                    ``(6) has signed, ratified, and is fully 
                implementing an Additional Protocol to its safeguards 
                agreement with the International Atomic Energy 
                Agency.''.
    (b) Subsequent Arrangements.--Section 131 a. (1) of such Act (42 
U.S.C. 2160 a.(1)) is amended--
            (1) in the second sentence, by striking ``security,'' and 
        all that follows through ``publication.'' and inserting 
        ``security.''; and
            (2) by inserting after the second sentence the following 
        new sentences: ``Such subsequent arrangement shall become 
        effective only if 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 not later than the 31st day of 
        continuous session after submission of the subsequent 
        arrangement.''.

SEC. 2. WITHDRAWAL FROM THE TREATY ON THE NON-PROLIFERATION OF NUCLEAR 
              WEAPONS.

    (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 (in this section referred to 
as the ``Treaty'') and to use all political, economic, and diplomatic 
means at its disposal to deter, prevent, or reverse any such withdrawal 
from the Treaty.
    (b) Prohibition on Certain Assistance.--Notwithstanding any other 
provision of law, no assistance (other than humanitarian assistance) 
under any provision of law may be provided to a country that has 
withdrawn from the Treaty.
    (c) Return of All United States-Origin Materials and Equipment.--
The United States shall seek the return of any material, equipment, or 
components transferred under an agreement for civil nuclear cooperation 
that is in force pursuant to section 123 of the Atomic Energy Act of 
1954 (42 U.S.C. 2153) on or after the date of the enactment of this 
Act, and any special fissionable material produced through the use of 
such material, equipment, or components previously provided to a 
country that withdraws from the Treaty.

SEC. 3. REPORT ON COMPARABILITY OF NONPROLIFERATION CONDITIONS BY 
              FOREIGN NUCLEAR SUPPLIERS.

    Not later than 180 days after the date of the enactment of this 
Act, the President shall transmit to the Committee on Foreign Affairs 
of the House of Representatives and the Committee on Foreign Relations 
of the Senate a report on the extent to which each country that engages 
in civil nuclear exports (including power and research nuclear 
reactors) requires nuclear nonproliferation requirements as conditions 
for export comparable to those under this Act. Such report shall also--
            (1) detail the extent to which the exports of each such 
        country incorporate United States-origin components, 
        technology, or materials that require United States approval 
        for re-export;
            (2) detail the civil nuclear-related trade and investments 
        in the United States by any entity from each such country; and
            (3) list any United States grant, concessionary loan or 
        loan guarantee, or any other incentive or inducement to any 
        such country or entity related to nuclear exports or 
        investments in the United States.

SEC. 4. INITIATIVES AND NEGOTIATIONS RELATING TO AGREEMENTS FOR 
              PEACEFUL NUCLEAR COOPERATION.

    Subsection f. of section 123 of the Atomic Energy Act of 1954 (42 
U.S.C. 2153), as redesignated pursuant to section 1(a)(5) of this Act, 
is amended to read as follows:
            ``f. 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 Committee on Foreign Affairs of the House of 
        Representatives and the Committee on Foreign Relations of the 
        Senate concerning such initiative or negotiations beginning not 
        later 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.''.

SEC. 5. CONDUCT RESULTING IN TERMINATION OF NUCLEAR EXPORTS.

    Section 129 a. (2) of the Atomic Energy Act of 1954 (42 U.S.C. 
2158) is amended--
            (1) in subparagraph (C), by inserting ``or'' after the 
        semicolon; and
            (2) by inserting after subparagraph (C) the following new 
        subparagraph:
                    ``(D) been determined to be a `country of 
                proliferation concern' under section 1055(g)(2) of the 
                National Defense Authorization Act for Fiscal Year 2010 
                (50 U.S.C. 2371(g)(2));''.

SEC. 6. CONGRESSIONAL REVIEW PROCEDURES.

    Section 130 i. of the Atomic Energy Act of 1954 (42 U.S.C. 2159 i.) 
is amended--
            (1) by redesignating subparagraphs (B) and (C) as 
        subparagraphs (C) and (D), respectively; and
            (2) by inserting after subparagraph (A) the following new 
        subparagraph:
                    ``(B) for an agreement for cooperation pursuant to 
                section 123 of this Act, a joint resolution, the matter 
                after the resolving clause of which--
                            ``(i) is as follows: `That the Congress 
                        does favor the proposed agreement for 
                        cooperation transmitted to the Congress by the 
                        President on __________.'; and
                            ``(ii) includes, immediately after the 
                        language specified in clause (i), any other 
                        provisions to accompany such proposed agreement 
                        for cooperation.''.

SEC. 7. REQUIREMENT OF LIABILITY PROTECTION FOR UNITED STATES NUCLEAR 
              SUPPLIERS.

    The Atomic Energy Act of 1954 is amended by inserting after section 
134 (42 U.S.C. 2160d) the following new section:

``SEC. 135. REQUIREMENT OF LIABILITY PROTECTION FOR UNITED STATES 
              NUCLEAR SUPPLIERS.

    ``The President may not issue a license for the export of nuclear 
material, facilities, components, or other goods, services, or 
technology to a country pursuant to an agreement that has entered into 
force after the date of the enactment of this Act unless the President 
determines that such country has liability protection for United States 
nuclear suppliers that is equivalent to the liability protection 
specified under the Convention on Supplementary Compensation for 
Nuclear Damage.''.
                                 <all>