22 U.S.C. § 8001 — Sense of Congress

submitted 20 years ago by Pub. L. 109-401 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 583 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law states Congress's views on stopping the spread of nuclear weapons. It says the Nuclear Non-Proliferation Treaty is central to that goal, and describes when nuclear cooperation with a non-treaty country might make sense. It also expresses support for stronger ties with India and Pakistan.

Congress states its views as follows: (1) Stopping the spread of nuclear weapons, other weapons of mass destruction, and the means to make or deliver them is a critical goal of U.S. foreign policy. (2) Keeping the Nuclear Non-Proliferation Treaty (NPT) strong, and improving how it verifies compliance, is the foundation of U.S. nonproliferation policy. (3) The NPT has largely succeeded at stopping countries from getting nuclear weapons and at keeping international security stable. (4) Countries that have never joined the NPT pose a challenge to global nonproliferation goals, because they never promised not to spread nuclear weapons capability. (5) It serves U.S. interests for non-NPT countries to handle any nuclear technology they develop responsibly. (6) It serves U.S. interests to make a nuclear cooperation agreement (under 42 U.S.C. § 2153) with a country that has never joined the NPT, if: (A) that country has shown responsible behavior on nonproliferation; (B) it has a functioning, uninterrupted democracy, a foreign policy aligned with the U.S., and works with the U.S. on nonproliferation goals; (C) the cooperation will get that country to substantially improve its protections against spreading nuclear weapons technology and to stop advancing its own nuclear weapons program; and (D) the cooperation will get that country to give more political and material support to U.S. nonproliferation goals, especially against states that sponsor terrorism or terrorist groups seeking weapons of mass destruction. (7) The United States should keep engaging, working with, and exchanging with both India and Pakistan. (8) Strong bilateral relations with India serve U.S. national interests. (9) The U.S. and India share democratic values and the potential for growing economic ties. (10) Civil nuclear energy trade with India, by the U.S. and other countries, could benefit people everywhere. (11) That kind of trade also marks a real shift in U.S. policy toward countries outside the NPT, which remains the base of the global nonproliferation system. (12) Any civil nuclear trade with India must be done in a way that minimizes the risk of nuclear spread or regional arms races, while getting India to follow international nonproliferation rules — especially the Nuclear Suppliers Group (NSG) guidelines — as closely as possible. (13) The United States should not try to help or encourage other countries to keep exporting nuclear material to India if U.S. law has cut off those U.S. exports.

the actual law source: uscode.house.gov ↗public domain

It is the sense of Congress that—

(1)

preventing the proliferation of nuclear weapons, other weapons of mass destruction, the means to produce them, and the means to deliver them are critical objectives for United States foreign policy;

(2)

sustaining the Nuclear Non-Proliferation Treaty (NPT) and strengthening its implementation, particularly its verification and compliance, is the keystone of United States nonproliferation policy;

(3)

the NPT has been a significant success in preventing the acquisition of nuclear weapons capabilities and maintaining a stable international security situation;

(4)

countries that have never become a party to the NPT and remain outside that treaty’s legal regime pose a potential challenge to the achievement of the overall goals of global nonproliferation, because those countries have not undertaken the NPT obligation to prohibit the spread of nuclear weapons capabilities;

(5)

it is in the interest of the United States to the fullest extent possible to ensure that those countries that are not States Party to the NPT are responsible in the disposition of any nuclear technology they develop;

(6)

it is in the interest of the United States to enter into an agreement for nuclear cooperation arranged pursuant to section 2153 of title 42 with a country that has never been a State Party to the NPT if—

(A)

the country has demonstrated responsible behavior with respect to the nonproliferation of technology related to nuclear weapons and the means to deliver them;

(B)

the country has a functioning and uninterrupted democratic system of government, has a foreign policy that is congruent to that of the United States, and is working with the United States on key foreign policy initiatives related to nonproliferation;

(C)

such cooperation induces the country to promulgate and implement substantially improved protections against the proliferation of technology related to nuclear weapons and the means to deliver them, and to refrain from actions that would further the development of its nuclear weapons program; and

(D)

such cooperation will induce the country to give greater political and material support to the achievement of United States global and regional nonproliferation objectives, especially with respect to dissuading, isolating, and, if necessary, sanctioning and containing states that sponsor terrorism and terrorist groups that are seeking to acquire a nuclear weapons capability or other weapons of mass destruction capability and the means to deliver such weapons;

(7)

the United States should continue its policy of engagement, collaboration, and exchanges with and between India and Pakistan;

(8)

strong bilateral relations with India are in the national interest of the United States;

(9)

the United States and India share common democratic values and the potential for increasing and sustained economic engagement;

(10)

commerce in civil nuclear energy with India by the United States and other countries has the potential to benefit the people of all countries;

(11)

such commerce also represents a significant change in United States policy regarding commerce with countries that are not States Party to the NPT, which remains the foundation of the international nonproliferation regime;

(12)

any commerce in civil nuclear energy with India by the United States and other countries must be achieved in a manner that minimizes the risk of nuclear proliferation or regional arms races and maximizes India’s adherence to international nonproliferation regimes, including, in particular, the guidelines of the Nuclear Suppliers Group (NSG); and

(13)

the United States should not seek to facilitate or encourage the continuation of nuclear exports to India by any other party if such exports are terminated under United States law.

Source credit: (Pub. L. 109–401, title I, § 102, Dec. 18, 2006, 120 Stat. 2726.)

history & why it existsrecord from the source credit

2006Enacted · Pub. L. 109-401 · 120 Stat. 2726

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-401 on 2006-12-18.

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