The agreement is set to expire on December 30, 2015, and a new agreement was submitted for congressional review on April 21, 2015. The required congressional review period ended on July 31, 2015, and the agreement may enter into force. Such agreements are subject to Section 123 of the Atomic Energy Act of 1954 as amended (AEA, P.L. and commonly are called "123 agreements." They are a prerequisite for any significant nuclear cooperation with another country, such as exports of nuclear power plants and components and the transfer of nuclear material. The first such agreement with the PRC was concluded in the mid-1980s. President Clinton, on January 12, 1998, signed certifications (as required by P.L. Clinton also issued a certification and waived a sanction imposed after the 1989 Tiananmen Crackdown (as required by P.L. Renewal of U.S.-China Agreement

The Obama Administration has submitted the new U.S.-China nuclear cooperation agreement to Congress for the required review period. It does allow for the enrichment up to a level less than 20% U-235 and reprocessing of U.S.-obligated material at safeguarded or safeguards-eligible sites. China is currently developing a "large passive plant," as envisioned by the Westinghouse agreement. Since the original nuclear cooperation agreement was concluded, China has joined the Nuclear Nonproliferation Treaty, become a member of the Nuclear Suppliers Group (NSG), and made nuclear security improvements to its civilian sector. However, Chinese entities have continued to engage in proliferation. 99-183 on China's nuclear nonproliferation policy and practices) would be the centerpiece of a summit in 1997 advanced the agreement's implementation. Congressional review ended on March 18, 1998, allowing the agreement to be implemented. Almost 13 years passed between the time that President Reagan submitted the agreement to Congress in July 1985 and its implementation in March 1998 under the Clinton Administration. 99-183 , the 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 (December 16, 1985), which required a presidential certification and a report followed by a period of 30 days of continuous session of Congress before the agreement could be implemented. After the 1989 Tiananmen Crackdown, Congress enacted sanctions in P.L. 101-246 , the Foreign Relations Authorization Act for Fiscal Years 1990 and 1991 (February 16, 1990), suspending nuclear cooperation with China and requiring an additional presidential certification on the PRC's nuclear nonproliferation assurances. Issues During 1985 Congressional Review

The agreement's submission began the periods of congressional review: 30 days of continuous session under Section 123(b) to be followed by 60 days of continuous session under Section 123(d) of the Atomic Energy Act (P.L. However, President Reagan did not issue the certification. 101-246 (waiver authority), President Clinton reported that it was in the "national interest" to terminate the suspension of nuclear cooperation:
"it is in the U.S. national interest to consolidate and build on the progress China has made in the nonproliferation area, and the implementation of the Agreement for Cooperation between the U.S. and the People's Republic of China Concerning the Peaceful Uses of Nuclear Energy will establish a promising framework for doing so"; "it is also in the U.S. national interest to build stronger, mutually advantageous bilateral relations with China based on respect for international norms"; "the United States also has an economic national interest ... 99-183 ; Rationale for Report Required by P.L.
Negotiated by the Reagan Administration nearly 30 years ago, the current U.S. peaceful nuclear cooperation agreement with the People's Republic of China (PRC) is set to expire on December 30, 2015. President Obama submitted a new 30-year U.S.-China nuclear cooperation agreement for congressional review on April 21, 2015. Among other provisions, the agreement would allow for uranium enrichment up to a level less than 20% U-235 and Chinese reprocessing of U.S.-obligated material at safeguarded facilities. The required congressional review period ended on July 31.
Such agreements are often called "123 agreements" because they are required by Section 123 of the Atomic Energy Act of 1954, as amended (P.L. 95-242). They are a prerequisite for any significant nuclear cooperation with another country, such as exports of nuclear power plants and components and the transfer of nuclear material. Since the original agreement was concluded before China was a member of the Nuclear Nonproliferation Treaty (NPT), some changes to the text were required. The recently submitted renewal agreement complies with the relevant provisions of the Atomic Energy Act and therefore was subject to a review period totaling 90 days of continuous session. If no resolution of disapproval is passed into law before that deadline, then the agreement may enter into force. No resolution of disapproval was passed.
Almost 13 years passed between the time President Reagan submitted the current 123 agreement to Congress in July 1985 and its implementation in March 1998 under President Clinton. While Congress did not reject the agreement outright, it passed a Joint Resolution, P.L. 99-183, which required that certain nonproliferation-related certifications be made by the President before the agreement could be implemented. P.L. 99-183 required a presidential certification and a report followed by a period of 30 days of continuous session of Congress. After the 1989 Tiananmen Crackdown, Congress enacted sanctions in P.L. 101-246, the Foreign Relations Authorization Act for Fiscal Years 1990 and 1991, suspending nuclear cooperation with China and requiring an additional presidential certification on the PRC's nuclear nonproliferation assurances.
Ahead of a summit with the PRC, President Clinton, on January 12, 1998, signed certifications (as required by P.L. 99-183) on China's nuclear nonproliferation policy and practices. Clinton also issued a certification and waived a sanction imposed under P.L. 101-246. Congressional review ended on March 18, 1998, allowing the agreement to be implemented.
U.S. nuclear commerce with China has expanded in the past decade. On February 28, 2005, Westinghouse submitted an initial bid to sell four nuclear power reactors to China, as supported by the Bush Administration. In Beijing in December 2006, Energy Secretary Samuel Bodman signed a bilateral Memorandum of Understanding that granted the deal to Westinghouse. The first four Westinghouse reactors under the deal are now being constructed, with six more planned and as many as 30 more proposed.
At the same time, some Members of Congress continue to question whether China is fulfilling its nonproliferation commitments, particularly regarding transfers to North Korea by Chinese entities. Proliferation sanctions on Chinese companies and individuals remain in place, and the United States cooperates with China in improving export control and detection systems. In addition, China continues to develop its own nuclear arsenal.
Along with the text of the agreement, the President submitted a Nuclear Proliferation Assessment Statement that evaluates these issues. As Congress reviewed the terms of this agreement, it also examined the PRC's record on nuclear proliferation. A key issue for the U.S. nuclear industry is its continued participation in the construction of new Chinese nuclear power plants.