S.Amdt. 1347
What it does: Adds SEC. 443. PROHIBITION ON NUCLEAR EXPORTS TO COUNTRIES THAT SPONSOR TERRORISM at the end of subtitle D of title IVWhat it changes
1 change to S. 14 · shown in the bill's text
Adds SEC. 443. PROHIBITION ON NUCLEAR EXPORTS TO COUNTRIES THAT SPONSOR TERRORISM at the end of subtitle D of title IV
Adds a sectionIn S. 14 · Placed on Calendar Senate
(b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $16,000,000.
Inserted: SEC. 443. PROHIBITION ON NUCLEAR EXPORTS TO COUNTRIES THAT SPONSOR TERRORISM.
Inserted: (a) In General.--Section 129 of the Atomic Energy Act of 1954 (42 U.S.C. 2158) is amended--
Inserted: (1) by inserting "a." before "No nuclear exports"; and
Inserted: (2) by adding at the end the following new subsection:
Inserted: "b. (1) Notwithstanding subsection a. and except as provided in paragraphs (2), (3), and (4), no nuclear materials and equipment or sensitive nuclear technology, including items and assistance authorized by section 57 b. of this Act and regulated under Part 810 of title 10, Code of Federal Regulations, and nuclear-related items on the Commerce Control List, shall be exported, whether directly or indirectly, to any country that is on the Department of State list of countries that sponsor terrorism.
Inserted: "(2) This subsection shall not apply to Iraq.
Inserted: "(3) This subsection shall not apply to items, services, or information that are used for nuclear safeguards or nonproliferation purposes, including but not limited to surveillance equipment, seals, cameras, tamper-indication devices, nuclear detectors, monitoring systems, or equipment necessary to safely store, transport, or remove hazardous materials, whether such items, services, or information are regulated by the Department of Energy, the Department of Commerce, or the Nuclear Regulatory Commission.
Inserted: "(4) The President may waive the application of paragraph (1) to a country if the President determines and certifies to Congress that the waiver of that paragraph--
Inserted: "(A) is in the vital national security interests of the United States;
Inserted: "(B) is essential to prevent or respond to a serious radiological hazard in the country receiving the waiver that may or does threaten public health and safety; and
Inserted: "(C) will not result in any increased risk that the country receiving the waiver will acquire nuclear weapons or any materials or components of nuclear weapons.
Inserted: "(5) Notwithstanding section 121 of this Act, this subsection shall apply without regard to any international arrangement made after the date of the enactment of this subsection.".
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Inserted: (b) Applicability to Exports Approved for Transfer But Not Transferred.--Subsection b. of section 129 of the Atomic Energy Act of 1954, as added by subsection (a) of this section, shall apply with respect to exports that have been approved for transfer as of the date of the enactment of this Act but have not yet been transferred as of that date.
Original wording
At the end of subtitle D of title IV, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 1347. Mr. KYL (for himself, Mr. McCain, Mr. Brownback, Mr. Bayh, and Mr. Bunning) submitted an amendment intended to be proposed by him to the bill S. 14, to enhance the energy security of the United States, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title IV, add the following:
SEC. 443. PROHIBITION ON NUCLEAR EXPORTS TO COUNTRIES THAT SPONSOR TERRORISM.
(a) In General.--Section 129 of the Atomic Energy Act of 1954 (42 U.S.C. 2158) is amended--
(1) by inserting “a.” before “No nuclear exports”; and
(2) by adding at the end the following new subsection:
“b. (1) Notwithstanding subsection a. and except as provided in paragraphs (2), (3), and (4), no nuclear materials and equipment or sensitive nuclear technology, including items and assistance authorized by section 57 b. of this Act and regulated under Part 810 of title 10, Code of Federal Regulations, and nuclear-related items on the Commerce Control List, shall be exported, whether directly or indirectly, to any country that is on the Department of State list of countries that sponsor terrorism.
“(2) This subsection shall not apply to Iraq.
“(3) This subsection shall not apply to items, services, or information that are used for nuclear safeguards or nonproliferation purposes, including but not limited to surveillance equipment, seals, cameras, tamper-indication devices, nuclear detectors, monitoring systems, or equipment necessary to safely store, transport, or remove hazardous materials, whether such items, services, or information are regulated by the Department of Energy, the Department of Commerce, or the Nuclear Regulatory Commission.
“(4) The President may waive the application of paragraph (1) to a country if the President determines and certifies to Congress that the waiver of that paragraph--
“(A) is in the vital national security interests of the United States;
“(B) is essential to prevent or respond to a serious radiological hazard in the country receiving the waiver that may or does threaten public health and safety; and
“(C) will not result in any increased risk that the country receiving the waiver will acquire nuclear weapons or any materials or components of nuclear weapons.
“(5) Notwithstanding section 121 of this Act, this subsection shall apply without regard to any international arrangement made after the date of the enactment of this subsection.”.
(b) Applicability to Exports Approved for Transfer But Not Transferred.--Subsection b. of section 129 of the Atomic Energy Act of 1954, as added by subsection (a) of this section, shall apply with respect to exports that have been approved for transfer as of the date of the enactment of this Act but have not yet been transferred as of that date.
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Senate amendment submitted
July 23, 2003