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H.R. 5300IntroducedHouse · nowSenatePresidentLawIn committee
Sec. 411 · H.R. 5300

Section 123 agreements

Title IV — International security affairs

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(a) In general The Secretary shall— (1) lead diplomatic engagement and negotiations for agreements for cooperation pursuant to section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) (commonly referred to, and hereafter referred to, as section 123 agreements); (2) pursue at least 20 new section 123 agreements before January 3, 2029; (3) pursue, where in the interest of the United States, renegotiation or renewal of section 123 agreements that are scheduled to expire before the date that is 10 years after the date of the enactment of this Act; and (4) pursue agreements that adhere to the highest standards of safety, security, and nonproliferation, including, where appropriate and achievable, the so-called Gold Standard to forego enrichment or reprocessing of nuclear material, in any renegotiated or new section 123 agreements. (b) Program To enhance global competitiveness The Secretary, in consultation with the relevant heads of other Federal departments and agencies, shall implement a program to enhance the global competitiveness of United States persons (as such term is defined in section 1637(d) of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal year 2015 (50 U.S.C. 1708(d))) who are nuclear suppliers, investors, or lenders to compete for nuclear projects in foreign countries, including— (1) expediting the conclusion of intergovernmental agreements on nuclear energy and the fuel supply chain with potential export countries; (2) promoting broad adherence to the Convention on Supplementary Compensation for Nuclear Damage, with Annex, done at Vienna September 12, 1997 (TIAS 15–415); (3) identifying statutory and regulatory burdens on exports of nuclear technology, fuel supplies, equipment, and services from the United States and recommending action to relieve such burdens; (4) encouraging favorable decisions by potential import countries on the use of nuclear technology, fuel supplies, equipment, and services from the United States; and (5) ensuring the program is carried out in a manner that adheres to applicable legal requirements, conforms with nonproliferation obligations, and meets the highest standards of safety, security, and safeguards. (c) Report (1) In general Not later than one year after the date of the enactment of this Act, the Assistant Secretary for Arms Control and Nonproliferation shall submit to the appropriate congressional committees a report on United States diplomatic engagement and negotiations for agreements for cooperation pursuant to section 123 of the Atomic Energy Act of 1954. (2) Matters to be included The report required by paragraph (1) should include the following information: (A) An updated list of all countries the Secretary is pursuing or has pursued 123 agreements with in the previous year. (B) An analysis of current trends of global competition in the civil nuclear sphere with the Russian Federation and the People’s Republic of China up and down the supply chain. (C) Any waivers submitted under the Prohibiting Russian Uranium Imports Act (Public Law 118–62; 138 Stat. 1022).

Sec. 411: Section 123 agreements · Public Law Tracker