Sec. 1. Requirement for congressional approval of agreements for peaceful nuclear cooperation
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Section 123 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2153 ) is amended— in the matter preceding subsection a., by striking No cooperation and inserting Subject to subsection f., no cooperation ; in subsection a.— in paragraph (3), by inserting or acquired from any other source after pursuant to such agreement each place it appears; in paragraph (4)— by striking or terminates or and inserting , terminates, ; and by inserting , or violates or abrogates any provision contained within such agreement after IAEA safeguards ; in paragraph (6), by inserting or acquired from any other source after agreement each place it appears; in paragraph (8), by striking and at the end; in paragraph (9), by striking the period at the end and inserting a semicolon; and by inserting after paragraph
(9)the following new paragraphs: 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 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. ; 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. ; in subsection c., by striking and at the end; in subsection d.— in the first sentence— by striking not the first and second place it appears; by inserting only after effective the first place it appears; and by striking : and all that follows through Provided further , 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 by striking the final period and inserting ; and ; by redesignating subsection e. as subsection f.; by inserting immediately after subsection d. the following new subsection: the cooperating party— has acceded to and is fully implementing the provisions and guidelines of— 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 ); 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 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; 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; 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— the Convention on the Physical Protection of Nuclear Material; and the United Nations International Convention for the Suppression of Acts of Nuclear Terrorism; 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 ); 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— acquiring or developing chemical, biological, or nuclear weapons or related technologies; or acquiring or developing destabilizing numbers and types of advanced conventional weapons, including ballistic missiles; and has signed, ratified, and is fully implementing an Additional Protocol to its safeguards agreement with the International Atomic Energy Agency. ; and by adding after subsection f. (as redesignated by paragraph
(6)of this subsection) the following new subsection: For purposes of this section— 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 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. . Section 131 a.(1) of such Act (42 U.S.C. 2160 a.(1)) is amended— in the second sentence, by striking security, and all that follows through publication. and inserting security. ; and 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. .
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- Pub. L. 111-195
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Sec. 1
Requirement for congressional approval of agreements for peaceful nuclear cooperation
Pub. L.Pub. L. 111-195
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