[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5357 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 5357

    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 21, 2018

 Ms. Ros-Lehtinen (for herself, Mr. Sherman, Mr. Poe of Texas, and Mr. 
   Keating) 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. SHORT TITLE.

    This Act may be cited as the ``Nuclear Cooperation Reform Act of 
2018''.

SEC. 2. 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 inserting after paragraph (9) 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;
                    ``(11) a commitment to maintain and, in the case of 
                a country without such a legal regime in place, a 
                commitment to enact at the earliest possible date, and 
                in no case later than one year after the agreement for 
                cooperation enters into force, a legal regime providing 
                for adequate protection from civil liability that will 
                allow for the participation of United States suppliers 
                in any effort by the country to develop civilian 
                nuclear power; and
                    ``(12) a commitment that is part of the agreement 
                for cooperation, or another legally binding document 
                that is considered part of the agreement, that no 
                enrichment or reprocessing activities, or acquisition 
                or construction of such facilities, 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., by striking the final period and 
        inserting ``; and'';
            (5) by redesignating subsection e. as subsection f.;
            (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 (22 U.S.C. 
                8543; 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.''; and
            (7) by adding after subsection f. (as redesignated by 
        paragraph (5) of this subsection) the following new subsection:
            ``g. For purposes of this section--
                    ``(1) the term `new agreement' means an agreement 
                for cooperation with a country with respect to which 
                the United States has, after March 20, 2018, entered 
                into such an agreement; and
                    ``(2) the term `renewal agreement' means an 
                agreement for cooperation with a country with respect 
                to which the United States has, before the date of the 
                enactment of this subsection, entered into such an 
                agreement.''.
    (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. 3. 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 from the Treaty on the Non-Proliferation of 
Nuclear Weapons (in this section referred to as the ``Treaty'') of any 
country that is a party to 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 on or after the date of the enactment of this 
Act.
    (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. 4. 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 the Atomic Energy Act of 1954, as 
amended by 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. 5. 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 2(a)(6) 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 
        such Committees 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. At such 
        monthly intervals the President shall also provide such 
        Committees with the current working drafts and proposed text 
        put forward for negotiation by the parties for inclusion in 
        such agreement.''.

SEC. 6. CONDUCT RESULTING IN TERMINATION OF NUCLEAR EXPORTS.

    Paragraph (2) of section 129 a. of the Atomic Energy Act of 1954 
(42 U.S.C. 2158 a.) is amended--
            (1) in subparagraph (C), by inserting ``or'' after the 
        semicolon; and
            (2) by inserting immediately after subparagraph (C) the 
        following new subparagraph:
                    ``(D) been identified as a foreign country included 
                in the most recent report required under section 234 of 
                the National Defense Authorization Act for Fiscal Year 
                1998 (50 U.S.C. 2367);''.

SEC. 7. CONGRESSIONAL REVIEW PROCEDURES.

    Paragraph (1) of section 130 i. of the Atomic Energy Act of 1954 
(42 U.S.C. 2159 i.) is amended in the flush left matter following 
subparagraph (C) by adding at the end the following new sentence: ``If 
such affirmative phrase is selected, such joint resolution may include 
any other provisions to accompany such proposed agreement for 
cooperation.''.

SEC. 8. PROHIBITION ON ASSISTANCE TO STATE SPONSORS OF PROLIFERATION OF 
              WEAPONS OF MASS DESTRUCTION.

    (a) Prohibition on Assistance.--The United States may not provide 
any assistance under the Foreign Assistance Act of 1961, the Arms 
Export Control Act, the Foreign Military Sales 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 design, acquisition, 
manufacture, or use of weapons of mass destruction or the acquisition 
or development of missiles to carry such weapons.
    (b) Publication of Determinations.--Each determination 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 
Committee on Foreign Affairs of the House of Representatives and the 
Committee on Foreign Relations of the Senate--
            (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;
                    (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 destruction or the acquisition or 
                development of missiles to carry such weapons; and
                    (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 proliferation of 
                equipment, technology, or materials to support the 
                design, acquisition, manufacture, or use of weapons of 
                mass destruction or the acquisition or development of 
                missiles to carry such weapons 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 requirements of subsection 
(a) on a case-by-case basis if--
            (1) the President determines that national security 
        interests or humanitarian reasons justify a waiver of such 
        requirements, except that humanitarian 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, the Foreign Military Sales Act, or the 
        Export-Import Bank Act of 1945; and
            (2) at least 15 days before the waiver takes effect, the 
        President consults with the congressional committees specified 
        in subsection (c) regarding the proposed waiver and transmits 
        to the 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 justification 
                for, the assistance to be provided pursuant to the 
                waiver; and
                    (D) the period of time during which the 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 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, the Arms Export Control Act, or the Foreign Military Sales 
Act to a country that is a party to the Treaty on the Nonproliferation 
of Nuclear Weapons, take into consideration whether the proposed 
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 programs conducted by the United 
States is limited to the greatest extent practicable to governmental 
and nongovernmental participants from countries that have adopted 
nonproliferation 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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