[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1320 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 1320
To strengthen United States nonproliferation activities and to amend
the Atomic Energy Act of 1954 to strengthen nuclear energy cooperation
and nonproliferation, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 1, 2011
Mr. Berman (for himself and Mr. Sherman) 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 strengthen United States nonproliferation activities and to amend
the Atomic Energy Act of 1954 to strengthen nuclear energy cooperation
and nonproliferation, 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 ``Nuclear
Nonproliferation and Cooperation Act of 2011''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Definition.
TITLE I--STRENGTHENING UNITED STATES NONPROLIFERATION ACTIVITIES
Sec. 101. Opposition of withdrawal of countries from NPT.
Sec. 102. Payment of United States dues to IAEA.
Sec. 103. Additional protocol as a criterion for United States
assistance.
Sec. 104. Prohibition on assistance to state sponsors of proliferation
of weapons of mass destruction.
Sec. 105. Report on comparability of nonproliferation conditions by
foreign nuclear suppliers.
Sec. 106. Periodic security inspections on United States exports of
nuclear material.
TITLE II--STRENGTHENING NUCLEAR ENERGY COOPERATION AND NONPROLIFERATION
Sec. 201. Additional nonproliferation conditions for new peaceful
nuclear cooperation agreements.
Sec. 202. Requirement for negotiation by Secretary of State.
Sec. 203. Submission of proposed agreement to the President.
Sec. 204. New presidential certification of nonproliferation activities
for submission of agreements to Congress.
Sec. 205. Congressional review, approval, and renewal of nuclear
cooperation agreements.
Sec. 206. Multilateral organizations and collaboration.
Sec. 207. Congressional review procedures.
Sec. 208. Congressional review of significant changes to nuclear
cooperation agreements.
Sec. 209. Requirement of liability protection for United States nuclear
suppliers.
Sec. 210. Loan guarantees for countries that forego enrichment and
reprocessing.
SEC. 2. DEFINITION.
In this Act, the term ``appropriate congressional committees''
means the Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate.
TITLE I--STRENGTHENING UNITED STATES NONPROLIFERATION ACTIVITIES
SEC. 101. OPPOSITION OF WITHDRAWAL OF COUNTRIES FROM NPT.
(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 (hereinafter in this section
referred to as the ``Treaty'') and to use all political, economic, and
diplomatic means at its disposal to deter, prevent, and sanction any
such withdrawal from the Treaty.
(b) Limitation on 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 withdraws from the
Treaty on or after the date of the enactment of this Act.
(c) Return of U.S.-Origin Materials, Equipment, or Components.--The
United States shall, with respect to a country that withdraws from the
Treaty, seek the return of--
(1) any material, equipment, or components transferred to
the country under an agreement for cooperation that is in force
pursuant to the authority of section 123 of the Atomic Energy
Act of 1954 (42 U.S.C. 2153); and
(2) any special fissionable material produced through the
use of such material, equipment, or components previously
transferred to the country.
SEC. 102. PAYMENT OF UNITED STATES DUES TO IAEA.
Not later than January 31, 2013, and January 31 of each succeeding
year, the United States shall pay its full assessed contribution to the
regular operating budget of the International Atomic Energy Agency
(IAEA).
SEC. 103. 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 or the Arms Export Control Act, take into consideration
whether the proposed recipient has in force an Additional Protocol to
its safeguards agreement with the IAEA.
SEC. 104. PROHIBITION ON ASSISTANCE TO STATE SPONSORS OF PROLIFERATION
OF WEAPONS OF MASS DESTRUCTION.
(a) Prohibition on Assistance.--The United States shall not provide
any assistance under the Foreign Assistance Act of 1961, the Arms
Export Control 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.
(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
appropriate congressional committees--
(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; 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 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, or the Export-Import Bank Act of 1945; and
(2) at least 15 days before the waiver takes effect, the
President consults with the appropriate congressional
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 justification
for the assistance to be provided pursuant to the
waiver; and
(D) the period of time during which such waiver
will be effective.
SEC. 105. REPORT ON COMPARABILITY OF NONPROLIFERATION CONDITIONS BY
FOREIGN NUCLEAR SUPPLIERS.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the President shall submit to the appropriate
congressional committees a report on the extent to which each country
that engages in exports of nuclear material, technology, or equipment
for civil purposes (including exports of power and research nuclear
reactors) requires nuclear nonproliferation conditions for export
comparable to those under this Act or the Atomic Energy Act of 1954, as
amended by this Act.
(b) Matters To Be Included.--The report required by subsection (a)
shall also include--
(1) a detailed description of the extent to which the
exports of each country incorporate United States-origin
components, technology, or materials that require United States
approval for re-export;
(2) a detailed description of civil nuclear-related trade
and investments by any entity from each such country in the
United States; and
(3) a detailed list of any United States grants,
concessionary loans or loan guarantees, or any other incentive
or inducement to such country or entity related to nuclear
exports or investments in the United States.
SEC. 106. PERIODIC SECURITY INSPECTIONS ON UNITED STATES EXPORTS OF
NUCLEAR MATERIAL.
The United States shall conduct periodic security inspections of
all United States nuclear material that has been exported pursuant to a
civil nuclear cooperation agreement under section 123 of the Atomic
Energy Act of 1954 (42 U.S.C. 2153), as amended by this Act, to ensure
that adequate physical safeguards and accounting measures are in effect
for such nuclear material.
TITLE II--STRENGTHENING NUCLEAR ENERGY COOPERATION AND NONPROLIFERATION
SEC. 201. ADDITIONAL NONPROLIFERATION CONDITIONS FOR NEW PEACEFUL
NUCLEAR COOPERATION AGREEMENTS.
Section 123 a. of the Atomic Energy Act of 1954 (42 U.S.C. 2153 a.)
is amended--
(1) in paragraph (3), by inserting ``or acquired from any
other source'' after ``pursuant to such agreement'' each place
it appears;
(2) in paragraph (4)--
(A) by striking ``or terminates'' and inserting ``,
terminates''; and
(B) by inserting at the end before the semicolon
the following: ``, or violates or abrogates any
provision contained within such agreement for
cooperation'';
(3) in paragraph (6), by inserting ``or acquired from any
source'' after ``agreement'' each place it appears;
(4) in paragraph (8), by striking ``and'' at the end;
(5) by inserting after paragraph (9) the following:
``(10) except in the case of agreements arranged pursuant
to section 91 c., 144 b., 144 c., or 144 d., a guaranty by the
cooperating party that if the country is a non-nuclear weapon
state, a restriction that no cooperation may occur with the
cooperating party until an Additional Protocol for safeguards
with the International Atomic Energy Agency has entered into
force for the cooperating party;
``(11) a guaranty by the cooperating party that no
nationals of a third country will be permitted access to any
reactor, related equipment, or any sensitive materials
transferred under the agreement for cooperation without the
prior consent of the United States; and
``(12) if the cooperating party does not operate enrichment
or reprocessing facilities, a requirement as part of the
agreement for cooperation or a binding addendum or other
document that is considered part of the agreement, that no
enrichment or reprocessing activities, or construction of
facilities for such activities, will occur within the territory
over which the country exercises sovereignty, unless such
activities are pursued as part of a multilateral consortium of
countries that are state parties to the Treaty on the Non-
Proliferation of Nuclear Weapons in good standing, and with the
explicit support of the United States, and granting the United
States the right to terminate such agreement if such
requirement is violated, abrogated, or otherwise revoked.'';
and
(6) by striking the matter following paragraph (12) (as
added by paragraph (5) of this section).
SEC. 202. REQUIREMENT FOR NEGOTIATION BY SECRETARY OF STATE.
Section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) is
amended by striking subsection b. and inserting the following:
``b. Requirement for Negotiation by Secretary of State.--Except in
the case of those agreements for cooperation arranged pursuant to
section 91 c., 144 b., 144 c., or 144 d., any proposed agreement for
cooperation shall be negotiated by the Secretary of State, with the
technical assistance and concurrence of the Secretary of Energy.''.
SEC. 203. SUBMISSION OF PROPOSED AGREEMENT TO THE PRESIDENT.
Section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153), as
amended by this Act, is further amended by striking subsection c. and
inserting the following:
``c. Submission of Proposed Agreement to the President.--
``(1) In general.--After consultation with the Nuclear
Regulatory Commission, such agreement shall be submitted to the
President jointly by the Secretary of State and the Secretary
of Energy accompanied by the views and recommendations of the
Secretary of State, the Secretary of Energy and the Nuclear
Regulatory Commission.
``(2) Nuclear proliferation assessment statement.--The
Secretary of State shall also provide to the President an
unclassified Nuclear Proliferation Assessment Statement, which
shall--
``(A) analyze the consistency of the text of the
proposed agreement for cooperation with all the
requirements of this Act, with specific attention to
whether the proposed agreement is consistent with each
of the criteria set forth in subsection a.; and
``(B) assess the adequacy of the safeguards and
other control mechanisms and the peaceful use
assurances contained in the agreement for cooperation
to ensure that any assistance furnished thereunder will
not be used to further any military or nuclear
explosive purpose. Each Nuclear Proliferation
Assessment Statement prepared pursuant to this Act
shall be accompanied by a classified annex, prepared in
consultation with the Director of National
Intelligence, summarizing relevant classified
information.
``(3) Submission requirements.--In the case of an agreement
for cooperation arranged pursuant to--
``(A) section 91 c., 144 b., 144 c., or 144 d., the
agreement shall be submitted to the President by the
Secretary of Energy; and
``(B) section 91 c. or 144 b., which is to be
implemented by the Department of Defense, the agreement
shall be submitted to the President by the Secretary of
Defense.''.
SEC. 204. NEW PRESIDENTIAL CERTIFICATION OF NONPROLIFERATION ACTIVITIES
FOR SUBMISSION OF AGREEMENTS TO CONGRESS.
Section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153), as
amended by this Act, is further amended by striking subsection d. and
inserting the following:
``d. Submission of Agreements to Congress.--
``(1) Submission.--
``(A) In general.--The President shall submit the
text of the proposed agreement for cooperation to the
Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations
of the Senate, together with--
``(i) an unclassified Nuclear Proliferation
Assessment Statement and any classified annex
thereto;
``(ii) the President's determination that
the proposed agreement is consistent with all
the requirements of subsection a., and that the
proposed agreement will promote, and will not
constitute an unreasonable risk to, the common
defense and security of the United States;
``(iii) the President's statement that the
President has approved and authorized the
execution of the proposed agreement for
cooperation; and
``(iv) subject to subparagraph (B), the
President's determination that the cooperating
party--
``(I) has not engaged in a
significant transfer of material,
equipment, or technology for the
production of nuclear, chemical, or
biological weapons to another country;
``(II) has cooperated with United
States efforts to halt the
proliferation of such material,
equipment or technology;
``(III) has not engaged in
significant transfers contrary to the
Guidelines of the Nuclear Suppliers
Group or the Australia Group; and
``(IV) has established and
maintains an effective export control
system to guard against illicit
transfers of such material, equipment,
or technology.
``(B) Time period.--In making a determination under
subparagraph (A)(iv), the President shall--
``(i) for a country with respect to which
the United States has not heretofore entered
into an agreement for cooperation, review the
10-year period ending on the date of submission
of the proposed agreement for cooperation under
subparagraph (A); and
``(ii) for a country with respect to which
the United States has heretofore entered into
one or more agreements for peaceful nuclear
cooperation, review the period beginning on the
date of entry into force of the most recent
such agreement for peaceful nuclear cooperation
and ending on the date of submission of the
proposed agreement for cooperation under
subparagraph (A).
``(2) Additional submission requirements.--In the case of
an agreement for cooperation arranged pursuant to section 91
c., 144 b., 144 c., or 144 d., the proposed agreement shall
also be submitted to the Committee on Armed Services of the
House of Representatives and the Committee on Armed Services of
the Senate, along with the documents and determinations
required under subparagraph (A).''.
SEC. 205. CONGRESSIONAL REVIEW, APPROVAL, AND RENEWAL OF NUCLEAR
COOPERATION AGREEMENTS.
Section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153), as
amended by this Act, is further amended by striking subsection e. and
inserting the following:
``e. Congressional Review Period; Action.--
``(1) In general.--Any proposed agreement for cooperation
that meets each of the applicable requirements of subsection a.
may be brought into effect 60 legislative days after the
President has submitted the agreement and documentation
required by subsection d., unless during such period the
Congress adopts, and there is enacted, a joint resolution
stating in substance that Congress does not favor the proposed
agreement for cooperation.
``(2) Special procedures.--
``(A) Non-compliant agreements and activities of
concern.--Notwithstanding the requirements of
subsection d., the President may submit a proposed
agreement to Congress that does not meet each of the
applicable requirements of subsection a., or with
respect to which the President is unable to make each
of the determinations required under subsection d.(1).
Such agreement shall not enter into force unless and
until the Congress adopts, and there is enacted, a
joint resolution stating in substance that Congress
does favor the proposed agreement for cooperation.
``(B) Renewal of prior agreements.--A proposed
agreement for cooperation--
``(i) which renews or replaces a pre-
existing agreement for cooperation that has
expired or will expire not later than 1 year
beginning on the date of submission of the
proposed agreement for cooperation under
subsection d., and
``(ii) which satisfies each of the
requirements under subsection a.,
may be brought into effect beginning 30 calendar days
after the date of submission of the proposed agreement
for cooperation under subsection d.
``(3) Consideration.--Any such proposed agreement for
cooperation shall be considered pursuant to the procedures set
forth in section 130 g.
``(4) Expiration of congressional review.--Any proposed
agreement for cooperation that has not lain before the Congress
for 60 legislative days, or has not been approved by Congress
as provided for under this section, before the adjournment sine
die of such Congress, shall not become effective. Any
submission of such agreement to a new Congress at the
discretion of the President, shall be considered a new
submission for the purposes of this section, and must satisfy
the appropriate requirements of this section before it can
become effective.''.
SEC. 206. MULTILATERAL ORGANIZATIONS AND COLLABORATION.
(a) In General.--Section 124 of the Atomic Energy Act of 1954 (42
U.S.C. 2154) is amended--
(1) in the heading, by striking ``international atomic
pool'' and inserting ``multilateral organizations and
collaboration''; and
(2) by inserting ``, including multilateral enrichment
activities,'' after ``atomic energy''.
(b) Clerical Amendment.--The table of contents for the Atomic
Energy Act of 1954 is amended by striking the item relating to section
124 and inserting the following:
``Sec. 124. Multilateral organizations and collaboration.''.
SEC. 207. CONGRESSIONAL REVIEW PROCEDURES.
Section 130 of the Atomic Energy Act of 1954 (42 U.S.C. 2159) is
amended--
(1) by striking ``days of continuous session'' each place
it appears and inserting ``legislative days'';
(2) by striking subsections g. and i.; and
(3) by inserting after subsection f. the following:
``g. Congressional Review Procedures.--
``(1) In general.--All joint resolutions under this chapter
that are introduced in the House of Representatives shall be
referred to the Committee on Foreign Affairs, and all joint
resolutions introduced in the Senate shall be referred to the
Committee on Foreign Relations and in addition, in the case of
a proposed agreement for cooperation arranged pursuant to
section 91c., 144b., or 144c., the Committee on Armed Services.
``(2) Discharge of resolutions.--If the committee of either
House to which a joint resolution has been referred has not
reported it at the end of 45 legislative days after its
introduction, the committee shall be discharged from further
consideration of the joint resolution.
``(3) Joint resolution.--
``(A) In general.--A joint resolution under this
section shall be considered in the Senate in accordance
with the provisions of section 601(b)(4) of the
International Security Assistance and Arms Export
Control Act of 1976. For the purpose of expediting the
consideration and passage of joint resolutions reported
or discharged pursuant to the provisions of this
subsection, it shall be in order for the committee on
Rules of the House of Representatives to present for
consideration a resolution of the House of
Representatives providing procedures for the immediate
consideration of a joint resolution under this
subsection which may be similar, if applicable, to the
procedures set forth in section 601(b)(4) of the
International Security Assistance and Arms Export
Control Act of 1976.
``(B) More than one joint resolution.--In the case
of a joint resolution described in subsection (a), if
prior to the passage by one House of a joint resolution
of that House, that House receives a joint resolution
with respect to the same matter from the other House,
then--
``(i) the procedure in that House shall be
the same as if no joint resolution had been
received from the other House; but
``(ii) the vote on final passage shall be
on the joint resolution of the other House.
``(C) Definition.--For the purposes of this
subsection, the term `joint resolution' means a joint
resolution, the matter after the resolving clause of
which is as follows: `That the Congress (does or does
not) favor the proposed agreement for cooperation
transmitted to the Congress by the President on _____,'
with the date of the transmission of the proposed
agreement for cooperation inserted in the blank, and
the affirmative or negative phrase within the
parenthetical appropriately selected, along with any
other provisions.
``(4) Rulemaking power of congress.--This section is
enacted by Congress--
``(A) as an exercise of the rulemaking power of the
Senate and the House of Representatives, respectively,
and as such they are deemed a part of the rules of each
House, respectively, but applicable only with respect
to the procedure to be followed in that House in the
case of resolutions described by this section, and they
supersede other rules only to the extent that they are
inconsistent therewith; and
``(B) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any time,
in the same manner and to the same extent as in the
case of any other rule of that House.''.
SEC. 208. CONGRESSIONAL REVIEW OF SIGNIFICANT CHANGES TO NUCLEAR
COOPERATION AGREEMENTS.
Section 131 of the Atomic Energy Act of 1954 (42 U.S.C. 2160) is
amended by adding at the end the following:
``(g) Congressional Review; Disapproval.--Any subsequent
arrangement that--
``(1) significantly alters the terms of an agreement of
cooperation that has come into effect pursuant to the
requirements of section 123 e., or
``(2) is negotiated pursuant to an exempted agreement,
shall not come into effect until it has lain before Congress for 45
legislative days, unless Congress has enacted a joint resolution of
disapproval during such 45 day period.''.
SEC. 209. REQUIREMENT OF LIABILITY PROTECTION FOR UNITED STATES NUCLEAR
SUPPLIERS.
(a) In General.--Chapter 11 of title I of the Atomic Energy Act of
1954 (42 U.S.C. 2011 et seq.) is amended by adding at the end the
following:
``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 section unless the
President determines that the 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.''.
(b) Clerical Amendment.--The table of contents for the Atomic
Energy Act of 1954, as amended by this Act, is further amended by
inserting after the item relating to section 134 the following new
item:
``Sec. 135. Requirement of liability protection for United States
nuclear suppliers.''.
SEC. 210. LOAN GUARANTEES FOR COUNTRIES THAT FOREGO ENRICHMENT AND
REPROCESSING.
(a) In General.--Chapter 11 of title I of the Atomic Energy Act of
1954 (42 U.S.C. 2011 et seq.), as amended by this Act, is further
amended by adding at the end the following:
``SEC. 136. LOAN GUARANTEES FOR COUNTRIES THAT FOREGO ENRICHMENT AND
REPROCESSING.
``(a) In General.--The President, acting through the Overseas
Private Investment Corporation, is authorized to make loan guarantees
to countries with which the United States has an agreement for
cooperation in force pursuant to section 123, on such terms and
conditions as the President determines, subject to subsection (b).
``(b) Specific Appropriation or Contribution.--No loan guarantee
may be made under subsection (a) unless--
``(1) an appropriation for the cost has been made; or
``(2) the President has received from the borrower a
payment in full for the cost of the obligation and deposited
the payment into the Treasury of the United States.''.
(b) Clerical Amendment.--The table of contents for the Atomic
Energy Act of 1954, as amended by this Act, is further amended by
inserting after the item relating to section 135, as added by section
209(b) of this Act, the following new item:
``Sec. 136. Loan guarantees for countries that forego enrichment and
reprocessing.''.
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