Preventing the Spread of Nuclear Weapons Act of 2019

II 116TH CONGRESS 1ST SESSION S. 3014 To require congressional approval for civilian nuclear cooperation under certain circumstances, and for other purposes. IN THE SENATE OF THE UNITED STATES DECEMBER 10, 2019 Mr. MARKEY introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To require congressional approval for civilian nuclear co- operation under certain circumstances, and for other pur- poses. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Preventing the Spread 4 of Nuclear Weapons Act of 2019’’. 5 SEC. 2. FINDINGS. 6 Congress makes the following findings: 7 (1) The statement by President Recep Tayyip 8 Erdog˘an of Turkey on September 4, 2019, that he 9 ‘‘cannot accept’’ a state of affairs in which Turkey 10 VerDate Sep 11 2014 04:17 Dec 13, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3014.IS S3014 kjohnson on DSK79L0C42 with BILLS 2 •S 3014 IS has no missiles armed with nuclear warheads follows 1 other concerning statements from senior officials 2 that the Government of Turkey may pursue a nu- 3 clear-weapons capability, which runs counter to its 4 obligations under the Nuclear Nonproliferation 5 Treaty and the bipartisan United States objective of 6 negotiating a weapons of mass destruction-free zone 7 in the Middle East. 8 (2) A United States civilian nuclear cooperation 9 agreement with Turkey, signed in 2008 and up for 10 automatic renewal in 2023, does not currently have 11 to be submitted for congressional review, denying 12 Congress the opportunity to insist upon a renewed 13 agreement—a prohibition on Turkey’s enrichment of 14 uranium or reprocessing of plutonium on its own 15 territory in keeping with the strongest possible non- 16 proliferation ‘‘gold standard’’. 17 SEC. 3. CONGRESSIONAL APPROVAL REQUIRED FOR CIVIL- 18 IAN NUCLEAR COOPERATION AGREEMENTS 19 UNDER CERTAIN CIRCUMSTANCES. 20 (a) IN GENERAL.—Notwithstanding any other re- 21 quirements under section 123 of the Atomic Energy Act 22 of 1954 (42 U.S.C. 2153), the President, concurrent with 23 submitting a proposed civilian nuclear cooperation agree- 24 ment with a foreign country in accordance with the re- 25 VerDate Sep 11 2014 04:17 Dec 13, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3014.IS S3014 kjohnson on DSK79L0C42 with BILLS 3 •S 3014 IS quirements of such section 123, and 60 days prior to the 1 renewal of any pre-existing civilian nuclear cooperation 2 agreement, shall submit to Congress a report— 3 (1) declaring any credible evidence that the for- 4 eign country intends, conditionally or uncondition- 5 ally, to pursue a nuclear program that is not inher- 6 ently peaceful, including public statements to that 7 effect by a senior leader of that foreign country; 8 (2) citing any instance in which the foreign gov- 9 ernment has violated the Chemical Weapons Conven- 10 tion, the Biological Weapons Convention, or the Nu- 11 clear Nonproliferation Treaty, or otherwise violated 12 international standards with respect to the develop- 13 ment, storage, deployment, or use of weapons of 14 mass destruction; 15 (3) stating whether or not the foreign govern- 16 ment has committed to not enrich uranium or re- 17 process plutonium on its own territory concurrent to 18 a submitted proposed civilian nuclear cooperation 19 agreement or a renewal of any pre-existing civilian 20 nuclear cooperation agreement; and 21 (4) stating whether or not the foreign govern- 22 ment has committed to sign and ratify the Addi- 23 tional Protocol to its International Atomic Energy 24 Agency Safeguards Agreement. 25 VerDate Sep 11 2014 04:17 Dec 13, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3014.IS S3014 kjohnson on DSK79L0C42 with BILLS 4 •S 3014 IS (b) REQUIRED ACTIONS.—If a report submitted 1 under subsection (a) describes any known instance set 2 forth under paragraphs (1) and (2) of such subsection, 3 then, notwithstanding any other requirements under sec- 4 tion 123 of the Atomic Energy Act of 1954 (42 U.S.C. 5 2153), the civilian nuclear cooperation agreement with the 6 foreign country in question, or the renewal of any pre- 7 existing agreement, may only enter into effect on or after 8 the date on which both of the following conditions have 9 been met: 10 (1) The President has submitted a proposed 11 agreement with the foreign country in accordance 12 with the requirements of such section 123. 13 (2) On or after the date of the submission of 14 the proposed agreement under paragraph (1), a joint 15 resolution stating that Congress approves such 16 agreement has been enacted. 17 (c) EXEMPTIONS.—The requirements under sub- 18 section (b) do not apply to any country that— 19 (1) is a member of the North Atlantic Treaty 20 Organization; and 21 (2) is a Nuclear Weapon State as defined by 22 the Nuclear Nonproliferation Treaty. 23 (d) DEFINITIONS.—In this section: 24 VerDate Sep 11 2014 04:17 Dec 13, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3014.IS S3014 kjohnson on DSK79L0C42 with BILLS 5 •S 3014 IS (1) BIOLOGICAL WEAPONS CONVENTION.—The 1 term ‘‘Biological Weapons Convention’’ means the 2 Convention on the Prohibition of the Development, 3 Production and Stockpiling of Bacteriological and 4 Toxin Weapons and on their Destruction, done at 5 Washington, London, and Moscow, April 10, 1972. 6 (2) CHEMICAL WEAPONS CONVENTION.—The 7 term ‘‘Chemical Weapons Convention’’ means the 8 Convention on the Prohibition of the Development, 9 Production, Stockpiling and use of Chemical Weap- 10 ons and on their Destruction, done at Paris, Janu- 11 ary 13, 1993. 12 (3) NUCLEAR NONPROLIFERATION TREATY.— 13 The term ‘‘Nuclear Nonproliferation Treaty’’ means 14 the Treaty on the Non-Proliferation of Nuclear 15 Weapons, done at Washington, London, and Mos- 16 cow, July 1, 1968. 17 Æ VerDate Sep 11 2014 04:17 Dec 13, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S3014.IS S3014 kjohnson on DSK79L0C42 with BILLS