[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.''. <all>