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H.R.1280 - To amend the Atomic Energy Act of 1954 to require congressional approval of agreements for peaceful nuclear cooperation with foreign countries, and for other purposes.
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|Reported in House||3,173||31 Show Changes Hide Changes||49%|
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Ms. ROS-LEHTINEN (for herself, Mr. BERMAN, Mr. ROYCE, Mr. SHERMAN, Mr. FORTENBERRY, and Mr. MARKEY) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink
Referred to the Committee on Energy and Commerce for a period ending not later than October 1, 2012, for consideration of such provisions of the bill and amendment as fall within the jurisdiction of that committee pursuant to clause 1(f), rule XCommentsClose CommentsPermalink
SECTION 1. REQUIREMENT FOR CONGRESSIONAL APPROVAL OF AGREEMENTS FOR PEACEFUL NUCLEAR COOPERATION.
‘(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 CommentsClose CommentsPermalink
‘(11) if the cooperating party does not operate, as of April 1, 2011, enrichment or reprocessing facilities, a requirement as part of the agreement for cooperation or other legally binding document that is considered part of the agreement thata 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 enrichment or reprocessing activities, or acquisition or construction of facilities for such activities,case later than one year after the agreement enters into force, a legal regime providing for adequate protection from civil liability that will occur within the territory over which the cooperating party exercises sovereignty.’;(3allow for the participation of United States suppliers in any effort by the country to develop civilian nuclear power.’; CommentsClose CommentsPermalink
(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.’; CommentsClose CommentsPermalink
(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 sixty-day period for a new agreement; or (2) during a period of 30 days of continuous session for a renewal agreement’; and CommentsClose CommentsPermalink
‘(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’); CommentsClose CommentsPermalink
‘(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 CommentsClose CommentsPermalink
‘(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; CommentsClose CommentsPermalink
‘(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; CommentsClose CommentsPermalink
‘(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-- CommentsClose CommentsPermalink
‘(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-- CommentsClose CommentsPermalink
‘(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 CommentsClose CommentsPermalink
‘(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.’. CommentsClose CommentsPermalink
(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.’. CommentsClose CommentsPermalink
SEC. 2. WITHDRAWAL FROM THE TREATY ON THE NON-PROLIFERATION OF NUCLEAR WEAPONS.
(a) Statement of Policy- It is the policy of the United States to oppose the withdrawal of any country that is a party tofrom 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. CommentsClose CommentsPermalink
(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. CommentsClose CommentsPermalink
(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 (
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-- CommentsClose CommentsPermalink
(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; CommentsClose CommentsPermalink
(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. CommentsClose CommentsPermalink
SEC. 4. INITIATIVES AND NEGOTIATIONS RELATING TO AGREEMENTS FOR PEACEFUL NUCLEAR COOPERATION.
Subsection f. of section 123 of the Atomic Energy Act of 1954 (
‘f. The President shall keep the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate fully and currently informed of any initiative or negotiations relating to a new or amended agreement for peaceful nuclear cooperation pursuant to this section prior to the President’s announcement of such initiative or negotiations. The President shall consult with the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate concerning such initiative or negotiations beginning not later than 15 calendar days after the initiation of any such negotiations, or the receipt or transmission of a draft agreement, whichever occurs first, and monthly thereafter until such time as the negotiations are concluded.’. CommentsClose CommentsPermalink
SEC. 5. CONDUCT RESULTING IN TERMINATION OF NUCLEAR EXPORTS.
SEC. 6. CONGRESSIONAL REVIEW PROCEDURES.
SEC. 7. REQUIREMENT OF LIABILITY PROTECTION FOR UNITED STATES NUCLEAR SUPPLIERS.
‘SEC. 135. REQUIREMENT OF LIABILITY PROTECTION FOR UNITED STATES NUCLEAR SUPPLIERS.
‘The President may not issue a license for the export of nuclear material, facilities, components, or other goods, services, or technology to a country pursuant to an agreement that has entered into force after the date of the enactment of this Act 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.’. CommentsClose CommentsPermalink
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
(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-- CommentsClose CommentsPermalink
(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 CommentsClose CommentsPermalink
(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 CommentsClose CommentsPermalink
(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
(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-- CommentsClose CommentsPermalink
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. CommentsClose CommentsPermalink
(b) Criterion for Assistance- The United States shall, when considering the provision of assistance under
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 (
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