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Agreement For Nuclear Cooperation Between the United
States and China
Joint Resolution relating to the approval and implementation of the proposed
agreement for nuclear cooperation between the United States and the People's
Republic of China
[Public Law 99-183 (SJ Res. 238)]
16 December 1985
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That
(a) (1) the Congress does favor the Agreement for Cooperation Between the Government of the United States of America and the Government of the People's Republic of China Concerning Peaceful Uses of Nuclear Energy, done on July 23, 1985 (hereafter in this joint resolution referred to as the "Agreement").
(2) Notwithstanding section 123 of the Atomic Energy Act of 1954, the Agreement becomes effective in accordance with the provisions of this joint resolution and other applicable provisions of law.
(b) Notwithstanding any other provision of law or any international agreement, no license may be issues for export to the People's Republic of China of any nuclear material, facilities, or components subject to the Agreement, and no approval for the transfer or retransfer to the People's Republic of China of any nuclear material, facilities, or components subject to the Agreement shall be given--
(1) until the expiration of a period of thirty days of continuous session of Congress after the President has certified to the Congress that--
(A) the reciprocal arrangements made pursuant to Article 8 of the Agreement have been designed to be effective in ensuring that any nuclear material, facilities, or components provided under the Agreement shall be utilized solely for intended peaceful purposes as set forth in the Agreement;
(B) the Government of the People's Republic of China has provided additional information concerning its nuclear non-proliferation policies and that, based on this and all other information available to the United States Government, the People's Republic of China is not in violation of paragraph (2) of section 129 of the Atomic Energy Act of 1954; and
(C) the obligation to consider favorably a request to carry out activities described in Article 5(2) of the Agreement shall not prejudice the decision of the United States to approve or disapprove such a request; and
(2) until the President has submitted to the Speaker of the House of Representatives and the chairman of the Committee of Foreign Relations of the Senate a report detailing the history and current developments in the nonproliferation policies and practices of the People's Republic of China.
The report described in paragraph (2) shall be submitted in unclassified form with a classified addendum.
(c) Each proposed export pursuant to the Agreement shall be subject to United States laws and regulations in effect at the time of each such export.
(d) Nothing in the Agreement or this joint resolution may be construed as providing a precedent or other basis for the negotiation or renegotiation of any other agreement for nuclear cooperation.
(e) For purposes of subsection (b)--
(1) the continuity of a session of Congress is broken only by adjournment of the Congress sine die at the end of a Congress; and
(2) the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the period indicated.
Approved December 16, 1985.
This
material is produced independently for NTI by the James Martin
Center for Nonproliferation Studies at the Monterey Institute of
International Studies and does not necessarily reflect the
opinions of and has not been independently verified by NTI or
its directors, officers, employees, agents. Copyright © 2007 by
MIIS.
