,i #aacth ,,congress #ast ,session ,h4 ,r4 #cgff ,,in ,,the ,,house ,,of ,,representatives ,december #ab1 #bjac,ms4 ,ros-,lehtinen 7for herself and ,mr4 ,sherman7 introduced the following bill2 which was referred to the ,committee on ,foreign ,affairs1 and in addition to the ,committee on ,rules1 for a period to be subsequently determined by the ,speaker1 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 #aied to require congressional approval of agreements for peaceful nuclear cooperation with foreign countries1 and for other purposes4 #a4 ,requirement for congressional approval of agreements for peaceful nuclear cooperation 7a7 ,cooperation with other nations ,section #abc of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #baec7 is amended-- 7#a7 in the matter preceding subsection a41 by striking ,no cooperation and inserting ,subject to subsection f41 no cooperation2 7#b7 in subsection a4-- 7,a7 in paragraph 7#c71 by inserting or acquired from any other source after pursuant to such agreement each place it appears2 7,b7 in paragraph 7#d7-- 7i7 by striking or terminates or and inserting 1 terminates12 and 7ii7 by inserting 1 or violates or abrogates any provision contained within such agreement after ,,iaea safeguards2 7,c7 in paragraph 7#f71 by inserting or acquired from any other source after agreement each place it appears2 7,d7 in paragraph 7#h71 by striking and at the end2 7,e7 in paragraph 7#i71 by striking the period at the end and inserting a semicolon2 and 7,f7 by inserting after paragraph 7#i7 the following new paragraphs3 7#aj7 a guaranty by the cooperating party that no nationals of a third country shall be permitted access to any reactor1 related equipment1 or sensitive materials transferred under the agreement for cooperation without the prior consent of the ,united ,states2 and 7#aa7 a commitment to maintain and1 in the case of a country without such a legal regime in place1 a commitment to enact at the earliest possible date1 and in no case later than one year after the agreement enters into force1 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 power4 2 7#c7 in the matter following paragraph 7#aa7 7as added by paragraph 7#b77;,f7 of this subsection71 by striking ,the ,president may exempt a proposed agreement for cooperation and all that follows through common defense and security42 7#d7 in subsection c41 by striking and at the end2 7#e7 in subsection d4-- 7,a7 in the first sentence-- 7i7 by striking not the first and second place it appears2 7ii7 by inserting only after effective the first place it appears2 and 7iii7 by striking 3 ,provided further1 and all that follows through such agreement and inserting 1 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 activities1 or acquisition or construction of facilities for such activities1 will occur within the territory over which the cooperating party exercises sovereignty1 in which case the agreement shall become effective unless the ,congress adopts1 and there is enacted1 a joint resolution of disapproval 7#a7 during such #fj-;day period for a new agreement2 or 7#b7 during a period of #cj days of continuous session for a renewal agreement2 and 7,b7 by striking the final period and inserting 2 and2 7#f7 by redesignating subsection e4 as subsection f42 7#g7 by inserting immediately after subsection d4 the following new subsection3 e4 the cooperating party-- 7#a7 has acceded to and is fully implementing the provisions and guidelines of-- 7,a7 the ,convention on the ,prohibition of the ,development1 ,production1 ,stockpiling and ,use of ,chemical ,weapons and on their ,destruction 7commonly known as the ,chemical ,weapons ,convention72 7,b7 the ,convention on the ,prohibition of the ,development1 ,production and ,stockpiling of ,bacteriological and ,toxin ,weapons and on their ,destruction 7commonly known as the ,biological ,weapons ,convention72 and 7,c7 all other international agreements to which the ,united ,states is a party regarding the export of nuclear1 chemical1 biological1 and advanced conventional weapons1 including missiles and other delivery systems2 7#b7 has established and is fully implementing an effective export control system1 including fully implementing the provisions and guidelines of ,united ,nations ,security ,council ,resolution #aedj2 7#c7 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 destruction1 including-- 7,a7 the ,convention on the ,physical ,protection of ,nuclear ,material2 and 7,b7 the ,united ,nations ,international ,convention for the ,suppression of ,acts of ,nuclear ,terrorism2 7#d7 is not a ,destination of ,diversion ,concern under section #cjc of the ,comprehensive ,iran ,sanctions1 ,accountability1 and ,divestment ,act of #bjaj 7,public ,law #aaa-aie72 7#e7 is closely cooperating with the ,united ,states to prevent state sponsors of terrorism 7the term state sponsor of terrorism means a country the government of which has been determined by the ,secretary of ,state1 for purposes of section #f7;j7 of the ,export ,administration ,act of #aigi1 section #fbj;,a of the ,foreign ,assistance ,act of #aifa1 section #dj of the ,arms ,export ,control ,act1 or other provision of law1 is a government that has repeatedly provided support for acts of international terrorism7 from-- 7,a7 acquiring or developing chemical1 biological1 or nuclear weapons or related technologies2 or 7,b7 acquiring or developing destabilizing numbers and types of advanced conventional weapons1 including ballistic missiles2 and 7#f7 has signed1 ratified1 and is fully implementing an ,additional ,protocol to its safeguards agreement with the ,international ,atomic ,energy ,agency4 2 and 7#h7 by adding after subsection f4 7as redesignated by paragraph 7#f7 of this subsection7 the following new subsection3 g4 ,for purposes of this section-- 7#a7 the term new agreement means an agreement for cooperation with a country with respect to which the ,united ,states has not1 on or after the date of the enactment of this subsection1 entered into such an agreement2 and 7#b7 the term renewal agreement means an agreement for cooperation with a country with respect to which the ,united ,states has1 before the date of the enactment of this subsection1 entered into such an agreement4 4 7b7 ,subsequent arrangements ,section #aca a47#a7 of such ,act 7#db ,u4,s4,c4 #bafj a47#a77 is amended-- 7#a7 in the second sentence1 by striking security1 and all that follows through publication4 and inserting security42 and 7#b7 by inserting after the second sentence the following new sentences3 ,such subsequent arrangement shall become effective only if ,congress enacts a joint resolution of approval according to the procedures of sections #abc d4 and #acj i4 of this ,act4 ,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 #cast day of continuous session after submission of the subsequent arrangement44 #b4 ,withdrawal from the ,treaty on the ,non-,proliferation of ,nuclear ,weapons 7a7 ,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 7in this section referred to as the ,treaty7 of any country that is a party to the ,treaty and to use all political1 economic1 and diplomatic means at its disposal to deter1 prevent1 or reverse any such withdrawal from the ,treaty4 7b7 ,prohibition on certain assistance ,notwithstanding any other provision of law1 no assistance 7other than humanitarian assistance7 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 ,act4 7c7 ,return of all ,united ,states-,origin materials and equipment ,the ,united ,states shall seek the return of any material1 equipment1 or components transferred under an agreement for civil nuclear cooperation that is in force pursuant to section #abc of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #baec7 on or after the date of the enactment of this ,act1 and any special fissionable material produced through the use of such material1 equipment1 or components1 previously provided to a country that withdraws from the ,treaty4 #c4 ,report on comparability of nonproliferation conditions by foreign nuclear suppliers ,not later than #ahj days after the date of the enactment of this ,act1 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 7including power and research nuclear reactors7 requires nuclear nonproliferation requirements as conditions for export comparable to those under this ,act4 ,such report shall also-- 7#a7 detail the extent to which the exports of each such country incorporate ,united ,states-origin components1 technology1 or materials that require ,united ,states approval for re-export2 7#b7 detail the civil nuclear-related trade and investments in the ,united ,states by any entity from each such country2 and 7#c7 list any ,united ,states grant1 concessionary loan or loan guarantee1 or any other incentive or inducement to any such country or entity related to nuclear exports or investments in the ,united ,states4 #d4 ,initiatives and negotiations relating to agreements for peaceful nuclear cooperation ,subsection f4 of section #abc of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #baec71 as redesignated pursuant to section #a7;a77#f7 of this ,act1 is amended to read as follows3 f4 ,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 negotiations4 ,the ,president shall consult with such ,committees concerning such initiative or negotiations beginning not later than #ae calendar days after the initiation of any such negotiations1 or the receipt or transmission of a draft agreement1 whichever occurs first1 and monthly thereafter until such time as the negotiations are concluded4 ,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 agreement4 4 #e4 ,conduct resulting in termination of nuclear exports ,paragraph 7#b7 of section #abi a4 of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #baeh a47 is amended-- 7#a7 in subparagraph 7,c71 by inserting or after the semicolon2 and 7#b7 by inserting after subparagraph 7,c7 the following new subparagraph3 7,d7 been determined to be a country of proliferation concern under section #ajee7;g77#b7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjaj 7#ej ,u4,s4,c4 #bcga7;g77#b772 4 #f4 ,congressional review procedures ,section #acj i47#a7 of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #baei7 is amended-- 7#a7 by redesignating subparagraphs 7,b7 and 7,c7 as subparagraphs 7,c7 and 7,d71 respectively2 and 7#b7 by inserting after subparagraph 7,a7 the following new subparagraph3 7,b7 for an agreement for cooperation pursuant to section #abc of this ,act1 a joint resolution1 the matter after the resolving clause of which-- 7i7 is as follows3 ,that the ,congress does favor the proposed agreement for cooperation transmitted to the ,congress by the ,president on 42 and 7ii7 includes1 immediately after the language specified in clause 7i71 any other provisions to accompany such proposed agreement for cooperation4 4 #g4 ,requirement of liability protection for ,united ,states nuclear suppliers ,the ,atomic ,energy ,act of #aied is amended by inserting after section #acd 7#db ,u4,s4,c4 #bafj;d7 the following new section3 #ace4 ,requirement of liability protection for ,united ,states nuclear suppliers ,the ,president may not issue a license for the export of nuclear material1 facilities1 components1 or other goods1 services1 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 ,damage4 4 #h4 ,prohibition on assistance to state sponsors of proliferation of weapons of mass destruction 7a7 ,prohibition on assistance ,the ,united ,states shall not provide any assistance under ,public ,law #hg-aie1 ,public ,law #ij-fbi1 the ,food for ,peace ,act1 the ,peace ,corps ,act1 or the ,export-,import ,bank ,act of #aide to any country if the ,secretary of ,state determines that the government of the country has repeatedly provided support for acts of proliferation of equipment1 technology1 or materials to support the design1 acquisition1 manufacture1 or use of weapons of mass destruction or the acquisition or development of ballistic missiles to carry such weapons4 7b7 ,publication of determinations ,each determination of the ,secretary of ,state under subsection 7a7 shall be published in the ,federal ,register4 7c7 ,rescission ,a determination of the ,secretary of ,state under subsection 7a7 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-- 7#a7 before the proposed rescission would take effect1 a report certifying that-- 7,a7 there has been a fundamental change in the leadership and policies of the government of the country concerned2 7,b7 the government is not supporting acts of proliferation of equipment1 technology1 or materials to support the design1 acquisition1 manufacture1 or use of weapons of mass destruction or the acquisition or development of ballistic missiles to carry such weapons2 and 7,c7 the government has provided assurances that it will not support such acts in the future2 or 7#b7 at least #de days before the proposed rescission would take effect1 a report justifying the rescission and certifying that-- 7,a7 the government of the country concerned has not provided any support for acts of proliferation of equipment1 technology1 or materials to support the design1 acquisition1 manufacture1 or use of weapons of mass destruction or the acquisition or development of ballistic missiles to carry such weapons during the preceding #bd-month period2 and 7,b7 the government has provided assurances that it will not support such acts of proliferation in the future4 7d7 ,waiver ,the ,president may waive the requirements of subsection 7a7 on a case-by-case basis if-- 7#a7 the ,president determines that national security interests or humanitarian reasons justify a waiver of such requirements1 except that humanitarian reasons may not be used to justify the waiver of such requirements to provide security assistance under ,public ,law #hg-aie1 ,public ,law #ij-fbi1 or the ,export-,import ,bank ,act of #aide2 and 7#b7 at least #ae days before the waiver takes effect1 the ,president consults with the congressional committees specified in subsection 7c7 regarding the proposed waiver and submits to the appropriate congressional committees a report containing-- 7,a7 the name of the recipient country2 7,b7 a description of the national security interests or humanitarian reasons that require the waiver2 7,c7 the type and amount of and the justification for the assistance to be provided pursuant to the waiver2 and 7,d7 the period of time during which such waiver will be effective4 #i4 ,additional protocol as a criterion for ,united ,states assistance 7a7 ,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 ,,iaea4 7b7 ,criterion for assistance ,the ,united ,states shall1 when considering the provision of assistance under ,public ,law #hg-aie or ,public ,law #ij-fbi to a country that is a party to the ,treaty on the ,nonproliferation of ,nuclear ,weapons1 take into consideration whether the proposed recipient has in force an ,additional ,protocol to its safeguards agreement with the ,,iaea4 #aj4 ,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 #abc of the ,atomic ,energy ,act 7#db ,u4,s4,c4 #baec71 as amended by this ,act4