Sec. 3119. Limitation on authorization of production of special nuclear material outside the United States by foreign country with nuclear naval propulsion program
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Section 57 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2077 ) is amended by adding at the end the following new subsections: In accordance with paragraph (2), the Secretary may not make an authorization under subsection b.(2) with respect to a covered foreign country with a nuclear naval propulsion program unless— the Director of National Intelligence and the Chief of Naval Operations jointly submit to the appropriate congressional committees an assessment of the risks of diversion, and the likely consequences of such diversion, of the technology and material covered by such authorization; following the date on which such assessment is submitted, and, to the extent practicable, concurrently during the process under which the Secretary evaluates such authorization, the Administrator for Nuclear Security certifies to the appropriate congressional committees that— there is sufficient diversion control as part of the transfer under such authorization; and such transfer presents a minimal risk of diversion of such technology to a military program that would degrade the technical advantage of the United States; and a period of 14 days has elapsed following the date of such certification.
The limitation in paragraph
(1)shall apply as follows: During the period preceding the date on which the Chief of Naval Operations first makes a determination under paragraph (3), with respect to technology and material covered by an authorization under subsection b.(2). During the period beginning on the date on which the Chief first makes such determination, with respect to the critical civil nuclear technologies of the United States covered by a determination made under paragraph (3). Not later than June 1, 2016, and quinquennially thereafter, the Chief of Naval Operations shall determine the critical civil nuclear technologies of the United States that should be protected from diversion to a military program of a covered foreign country, including with respect to naval propulsion and weapons. The Chief shall notify the appropriate congressional committees of each such determination. Not later than 30 days after the date on which the Director of National Intelligence determines that there is evidence to believe that critical civil nuclear technology of the United States has been diverted to a foreign country not covered by an authorization made pursuant to subsection b., including an agreement for cooperation made pursuant to section 123, the Director shall notify the appropriate congressional committees of such determination. The Secretary shall annually notify the appropriate congressional committees that each covered foreign country is in compliance with its obligations under any authorization made pursuant to subsection b., including an agreement for cooperation made pursuant to section 123. In this subsection: The term appropriate congressional committees means— the congressional defense committees (as defined in section 101(a)(16) of title 10, United States Code); the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives; and the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. The term covered foreign country means a foreign country that is a nuclear-weapon state, as defined by Article IX
(3)of the Treaty on the Non-Proliferation of Nuclear Weapons, signed at Washington, London, and Moscow on July 1, 1968, but does not include the United Kingdom or France. The Secretary may not make an authorization under subsection b.(2) with respect to a covered foreign country if a foreign person of the covered foreign country has been sanctioned under the Iran, North Korea, and Syria Nonproliferation Act ( Public Law 106–178 ; 50 U.S.C. 1701 note) during the five-year period preceding the date of the transfer being sought unless the President certifies to the appropriate congressional committees that the covered foreign country is taking adequate measures to prevent, or is making significant progress in preventing, transfers or acquisitions covered by section 2(a) of the Iran, North Korea, and Syria Nonproliferation Act. The terms appropriate congressional committees and covered foreign country have the meanings given those terms in subsection f.(6). .
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- Pub. L. 106-178
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Sec. 3119
Limitation on authorization of production of special nuclear material outside the United States by foreign country with nuclear naval propulsion program
Pub. L.Pub. L. 106-178
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