Sec. 2. 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; 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 for cooperation 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; a political commitment that is part of the agreement for cooperation, or another legally binding document that is considered part of the agreement, that no enrichment or reprocessing activities, or acquisition or construction of such facilities, will occur within the territory over which the cooperating party exercises sovereignty; and a duration of not longer than 15 years. ; in subsection c., by striking and at the end; in subsection d., 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 ( 22 U.S.C. 8543 ; 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. . Paragraph
(1)of section 131 a. of such Act ( 42 U.S.C. 2160 a.) 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. . Paragraph
(2)of such section 131 a. is amended— in subparagraph (F), by striking ; or at the end and inserting a semicolon; by redesignating subparagraph
(G)as subparagraph (H); and by inserting after subparagraph
(F)the following new subparagraph: an agreement to renew or to extend the duration of an agreement under section 123; or . The amendments made by this subsection shall also apply to any renewal or extension described in subparagraph
(G)of section 131 a.
(2)(as added by paragraph
(2)of this subsection) of an agreement pursuant to section 123 of such Act ( 42 U.S.C. 2153 ) that is in effect on the day before the date of the enactment of this section.
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- Pub. L. 111-195
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Sec. 2
Requirement for congressional approval of agreements for peaceful nuclear cooperation
Pub. L.Pub. L. 111-195
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