[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3766 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 3766
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
December 12, 2013
Ms. Ros-Lehtinen (for herself 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 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 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; and
``(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
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.'';
(3) in the matter following paragraph (11) (as added by
paragraph (2)(F) of this subsection), by striking ``The
President may exempt a proposed agreement for cooperation'' and
all that follows through ``common defense and security.'';
(4) in subsection c., by striking ``and'' at the end;
(5) 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 inserting ``, unless the proposed agreement
includes 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, in which case the
agreement shall become effective unless the
Congress adopts, and there is enacted, a joint
resolution of disapproval (1) during such 60-
day period for a new agreement; or (2) during a
period of 30 days of continuous session for a
renewal agreement''; and
(B) by striking the final period and inserting ``;
and'';
(6) by redesignating subsection e. as subsection f.;
(7) 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.''; and
(8) by adding after subsection f. (as redesignated by
paragraph (6) 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 not, on or after the date of the
enactment of this subsection, 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. 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 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. 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)(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. 5. 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 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.(1) of the Atomic Energy Act of 1954 (42 U.S.C. 2159)
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 section 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.''.
SEC. 8. 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 Public Law 87-195, Public Law 90-629, 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 ballistic 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 ballistic 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
ballistic 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 Public Law 87-195, Public Law 90-629, 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 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. 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 Public Law 87-195 or
Public Law 90-629 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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