[Congressional Record Volume 166, Number 117 (Thursday, June 25, 2020)]
[Senate]
[Page S3509]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2050. Mr. MARKEY submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle G of title XII, add the following:

     SEC. 1287. CONGRESSIONAL APPROVAL REQUIRED FOR CIVILIAN 
                   NUCLEAR COOPERATION AGREEMENTS UNDER CERTAIN 
                   CIRCUMSTANCES.

       (a) In General.--Notwithstanding any other requirements 
     under section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2153), the President, concurrent with submitting a proposed 
     civilian nuclear cooperation agreement with a foreign country 
     in accordance with the requirements of such section 123, and 
     60 days prior to the renewal of any pre-existing civilian 
     nuclear cooperation agreement, shall submit to Congress a 
     report--
       (1) declaring any credible evidence that the foreign 
     country intends, conditionally or unconditionally, to pursue 
     a nuclear program that is not inherently peaceful, including 
     public statements to that effect by a senior leader of that 
     foreign country;
       (2) citing any instance in which the foreign government has 
     committed a significant violation of, or engaged in a pattern 
     of violations of, international standards with respect to the 
     development, storage, deployment, or use of weapons of mass 
     destruction, including the Chemical Weapons Convention, the 
     Biological Weapons Convention, or the Nuclear 
     Nonproliferation Treaty;
       (3) stating whether or not the foreign government has 
     committed to not enrich uranium or reprocess plutonium on its 
     own territory concurrent to a submitted proposed civilian 
     nuclear cooperation agreement or a renewal of any pre-
     existing civilian nuclear cooperation agreement; and
       (4) stating whether or not the foreign government has 
     committed to sign and ratify the Additional Protocol to its 
     International Atomic Energy Agency Safeguards Agreement.
       (b) Required Actions.--If a report submitted under 
     subsection (a) describes any known instance set forth under 
     paragraphs (1) and (2) of such subsection, then, 
     notwithstanding any other requirements under section 123 of 
     the Atomic Energy Act of 1954 (42 U.S.C. 2153), the civilian 
     nuclear cooperation agreement with the foreign country in 
     question, or the renewal of any pre-existing agreement, may 
     only enter into effect on or after the date on which both of 
     the following conditions have been met:
       (1) The President has submitted a proposed agreement with 
     the foreign country in accordance with the requirements of 
     such section 123.
       (2) On or after the date of the submission of the proposed 
     agreement under paragraph (1), a joint resolution stating 
     that Congress approves such agreement has been enacted.
       (c) Limited Exemption.--The requirements under subsection 
     (b) do not apply to any country that is a Nuclear Weapon 
     State as defined by the Nuclear Nonproliferation Treaty 
     unless the report submitted under subsection (a) describes 
     any known instance set forth under paragraph (2) of such 
     subsection.
       (d) Definitions.--In this section:
       (1) Biological weapons convention.--The term ``Biological 
     Weapons Convention'' means the Convention on the Prohibition 
     of the Development, Production and Stockpiling of 
     Bacteriological and Toxin Weapons and on their Destruction, 
     done at Washington, London, and Moscow, April 10, 1972.
       (2) Chemical weapons convention.--The term ``Chemical 
     Weapons Convention'' means the Convention on the Prohibition 
     of the Development, Production, Stockpiling and use of 
     Chemical Weapons and on their Destruction, done at Paris, 
     January 13, 1993.
       (3) Nuclear nonproliferation treaty.--The term ``Nuclear 
     Nonproliferation Treaty'' means the Treaty on the Non-
     Proliferation of Nuclear Weapons, done at Washington, London, 
     and Moscow, July 1, 1968.
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