Agreements for cooperation with states not party to the treaty on the non-proliferation of nuclear weapons

(a)

In General

Chapter 11 of title I of the Atomic Energy Act of 1954 (42 U.S.C. 2151 et seq.) is amended by inserting after section 123 the following new section:

123A.

Nuclear cooperation with states not party to the treaty on the non-proliferation of nuclear weapons

Requirements

Cooperation may be undertaken under section 53, 54 a., 57, 64, 82, 103, or 104 with a state that is not a party to the Treaty on the Non-Proliferation of Nuclear Weapons as of January 2002, if that state— (1)has not carried out any nuclear weapon test explosion or any other nuclear explosion after May 1998, and is adhering to a unilateral moratorium on carrying out any such explosion, or has signed and is adhering to a multilateral treaty prohibiting any such explosion; (2)either— (A)is adhering to a unilateral moratorium on the production of fissile material for nuclear weapons; (B)is adhering to a multilateral moratorium on the production of fissile material for nuclear weapons; or (C)has signed and is adhering to a multilateral treaty banning the production of fissile material for nuclear weapons; (3)has provided the United States and the International Atomic Energy Agency with a credible and comprehensive plan to separate all civil and military nuclear facilities, materials, and programs; (4)has entered into and is implementing an agreement with the IAEA requiring the application of safeguards in perpetuity to civil nuclear facilities and associated nuclear materials as declared in the plan described in paragraph (3); (5)has provided credible assurances, as part of the plan described in paragraph (3), that all future nuclear reactors that generate electricity will be designated as civil and placed under IAEA safeguards in perpetuity; (6)has signed and ratified, and is implementing, an IAEA Additional Protocol; (7)is playing an active and constructive role in addressing nuclear proliferation challenges posed by states of proliferation concern, preventing illicit nuclear transactions, and eliminating illicit nuclear commercial networks; (8)has established, and is successfully implementing, a national export control system capable of effectively controlling transfers of nuclear and nuclear-related material, equipment, technology, and related data, including stringent rules and procedures prohibiting unauthorized contacts and cooperation by personnel with nuclear expertise; (9)is adhering to the guidelines of the Nuclear Suppliers Group and the Missile Technology Control Regime; (10)has committed not to export enrichment, reprocessing, or other sensitive fuel-cycle equipment or technology to states that do not possess such equipment or technology or to any nongovernmental entity; (11)is applying stringent physical protection, control, and accountancy measures to all nuclear weapons, nuclear facilities, source material, and special nuclear material in its territory; (12)is in full compliance with any nuclear cooperation agreement previously entered into with the United States and with any derivative obligations stemming from such agreement that continue to apply; (13)is not engaged in illicit efforts to procure materials, equipment, or technology for a nuclear weapons program; (14)has a democratically-elected government that exerts effective control over the armed forces in its territory; and (15)meets the requirements under paragraphs (1), (3), (4), (5), (6), (7), (8), and (9) of section 123 a. b.

Exclusions

No cooperation under this section may include the transfer of any enrichment or reprocessing equipment or technology, heavy water, or the means to produce heavy water. c.

Procedural requirements

Cooperation under this section shall become effective only if— (1)the President certifies to the Congress that all the requirements set forth in subsection a. have been met; (2)the President certifies to the Congress that the agreement between the state with which an agreement for cooperation has been entered into and the IAEA requiring the application of safeguards in perpetuity to civil nuclear facilities and associated nuclear materials conforms substantially to IAEA safeguards standards, principles, and practices; (3)the President, after meeting the requirements under paragraphs (1)) and (2), submits the proposed agreement for cooperation to the Congress, and, within a period of 60 days of continuous session (as defined in section 130 g.) beginning on the date of the submission, the Congress adopts, and there is enacted, a joint resolution stating that the Congress does favor the agreement; and (4)the President certifies to the Congress that the NSG has reached a consensus decision to allow NSG participating governments to transfer trigger list items and related technology for use in civil nuclear facilities to the state with which an agreement for cooperation has been entered into, and that such decision does not allow transfers of nuclear or nuclear-related material, equipment, or technology that is prohibited under United States law or the terms of the agreement for cooperation with that state.

Any such proposed agreement for cooperation shall be considered pursuant to the procedures set forth in section 130 i. for the consideration of Presidential submissions.

Inapplicability of certain provisions

(1)

Prior activities

Section 129 shall not apply to a state with which an agreement for cooperation is entered into under this section, with respect to actions by that state before January 1, 2006. (2)

Future activities

Section 129(1)(D) shall not apply to a state with which an agreement for cooperation is entered into under this section, with respect to actions by that state after the enactment of this section e.

Conduct resulting in termination of nuclear exports

(1)

In general

Nuclear or nuclear-related material, equipment, or technology may not be exported to a state with which an agreement for cooperation has been entered into under this section if the President determines the state, or any person or entity under the jurisdiction of the state, has— (A)materially violated the agreement for cooperation with the United States, (B)terminated or abrogated IAEA safeguards that the state is required to maintain, (C)materially violated an IAEA safeguards agreement, (D)made any transfers of nuclear or nuclear-related material, equipment or technology that do not conform to NSG guidelines, (E)made any transfers of ballistic missiles or missile-related equipment or technology that does not conform to MTCR guidelines, (F)produced fissile material for nuclear weapons, (G)carried out any nuclear weapon test explosion or any other nuclear explosion, or (H)assisted, encouraged, or induced any non-nuclear weapon state to engage in activities involving source and special nuclear material and having direct significance for the manufacture or acquisition of nuclear explosive devices,

unless the President determines that cessation of such exports would be seriously prejudicial to the achievement of United States non-proliferation objectives or otherwise jeopardize the common defense and security.

(2)

Congressional review

(A)

In general

A determination of the President under paragraph (1) regarding cessation of exports being seriously prejudicial shall become effective only if— (i)the President submits the determination, together with a report containing the reasons for the determination, to the Congress; and (ii)during the period of 60 days of continuous session (as defined in subsection 130 g.) after the submission of the determination under clause (i), there is enacted a joint resolution stating in substance that the Congress does favor the determination. (B)

Procedures

Any determination of the President submitted to the Congress under subparagraph (A)— (i)shall be referred to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate; and (ii)shall be considered pursuant to the procedures set forth in section 130 for the consideration of Presidential submissions, except that the reference in subsection f. of that section to a concurrent resolution shall be deemed to refer to a joint resolution. f.

Annual report

For each state that has entered into an agreement for cooperation under this section, the President shall submit to the Congress, not later than 1 year after such agreement has been entered into, and every 12 months thereafter, a report containing the President’s assessment of that state with respect to the matters addressed in subparagraphs (A) through (H) of subsection e.(1). g.

Definitions

In this section: (1)

IAEA

The term IAEA means the International Atomic Energy Agency. (2)

MTCR

The term MTCR means the Missile Technology Control Regime. (3)

NSG

The term NSG means the Nuclear Suppliers Group.

(b)

Conforming amendment

Section 130 of the Atomic Energy Act of 1954 (42 U.S.C. 2159) is amended— (1)in subsection a., by striking subsection 126 a. (2) and inserting section 123A e. (2), 126 a. (2); and (2)in subsection i. (2), by inserting or 123A d. after 123 d..