S.Amdt. 2050

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.
______