May 13, 2011

The Honorable John Boehner The Honorable Nancy Pelosi

Speaker Minority Leader
United States House of Representatives United States House of Representatives
Washington, D.C. 20515 Washington, D.C. 20515

The Honorable Eric Cantor The Honorable Steny Hoyer

Majority Leader Minority Whip
United States House of Representatives United States House of Representatives
Washington, D.C. 20515 Washington, D.C. 20515

The Honorable Kevin McCarthy The Honorable James Clyburn

Majority Whip Assistant Minority Leader
United States House of Representatives United States House of Representatives
Washington, D.C. 20515 Washington, D.C. 20515

Dear Speaker Boehner, Majority Leader Cantor, Majority Whip McCarthy, Minority Leader
Pelosi, Minority Whip Hoyer, and Assistant Minority Leader Clyburn:

On behalf of our member companies, including hundreds of U.S. businesses engaged in the
design, manufacture and supply of nuclear energy technology, components, fuel, and
services, we respectfully request that you oppose H.R. 1280, which would amend the Atomic
Energy Act of 1954 to require congressional approval of agreements for peaceful nuclear
cooperation with foreign countries, among other significant changes. This legislation would
eliminate U.S. companies’ access to important global markets, jeopardizing many thousands
of American jobs and billions of dollars in U.S. exports. Although we support the
legislation’s stated aim – to mitigate nuclear nonproliferation risks—H.R. 1280 would have
the unintended effect of reducing U.S. influence in global nuclear nonproliferation and safety
matters.

The U.S. Department of Commerce estimates the global commercial nuclear opportunity at
$500-740 billion over the next decade, and U.S. suppliers are ready to compete and win in
this market. Our companies offer the world the most advanced commercial nuclear
technologies; the full range of components, equipment, fuel and services; and an industry
culture that is second to none in its vigilance over nuclear nonproliferation and safety. But
without bilateral agreements for cooperation in peaceful nuclear energy pursuant to Section
123 of the Atomic Energy Act, U.S. suppliers will be shut out of key existing and emerging
markets.
Provisions in H.R. 1280 would impose new terms for nuclear cooperation that few, if any,
prospective partner countries would accept. In today’s competitive global marketplace,
countries developing commercial nuclear power have multiple alternatives to U.S. suppliers.
If the U.S. insists on conditions for a Section 123 agreement that potential customer
countries will not accept, they will partner with non-U.S. supplier nations, which may not
place the same high value on nuclear security, safety, and non-proliferation that the U.S.
does. Other supplier nations do not demand in their bilateral agreements the new terms
required in H.R. 1280.

The Bill would also encumber congressional approval of Section 123 agreements by
reversing the longstanding process for congressional review. The process as laid out in the
Atomic Energy Act enables timely approval of agreements that conform to an extensive list
of requirements stipulated by Congress, while providing Congress an opportunity to hold
hearings and disapprove any agreement it opposes. This Bill would upset the careful balance
and subject important future agreements to uncertainty and delay.

When U.S. suppliers can engage in global markets under Section 123 agreements, the United
States maintains its influence over nuclear nonproliferation and safety practices. Long-term
U.S. commercial nuclear supply contracts knit partner countries into the U.S. export control
regime, establish reliance upon the U.S. for supply of spare parts, and disseminate U.S.
industry practices on safety and nonproliferation for decades to come. Without the Section
123 agreement, there are no contracts, no export licensing, no supply relationships, and
waning U.S. influence on global nuclear nonproliferation and nuclear safety matters.

H.R. 1280 would threaten many thousands of American jobs and billions of dollars in U.S.
exports, while significantly reducing U.S. influence in global nuclear safety and
nonproliferation matters. On behalf of our member companies, we respectfully request you
oppose the legislation.

Sincerely,

Nuclear Energy Institute National Association of U.S. Chamber of Commerce

American Association of
Exporters and Importers
American Council for
Engineering Companies
Coalition for Employment
through Exports
Emergency Committee for
American Trade
Manufacturers
U.S.-Bahrain Business Council
National Council on
International Trade U.S.-China Business Council
Development
U.S.-India Business Council
National Foreign Trade
U.S.-Korea Business Council
Council
U.S. Council for International
National Mining Association
Business