What it changes

1 change to S. 3454 · shown in the bill's text

Adds a section
  1. Adds Subtitle D--Other Matters SEC. 1251. SENSE OF CONGRESS ON CHINA NUCLEAR COOPERATION OUTSIDE OF NUCLEAR SUPPLIERS GROUP at the end of title XII

    Adds a section

    In S. 3454 · Placed on Calendar Senate

    (3) Form.--The report under this subsection shall be submitted in unclassified form, but may include a classified annex.

    Inserted: Subtitle D--Other Matters SEC. 1251. SENSE OF CONGRESS ON CHINA NUCLEAR COOPERATION OUTSIDE OF NUCLEAR SUPPLIERS GROUP.

    Inserted: (a) Findings.--Congress makes the following findings:

    Inserted: (1) The Nuclear Suppliers Group (NSG) was established in 1974 to control the international supply of nuclear materials, facilities, and technology for the purpose of preventing the proliferation of nuclear weapons and the capacity to manufacture them.

    Inserted: (2) The effectiveness of the Nuclear Suppliers Group relies upon the willingness of its 46 Participating Governments to voluntarily abide by its unanimously adopted guidelines governing nuclear transfers.

    Inserted: (3) Under these unanimously adopted guidelines, supplier countries may not transfer nuclear materials, facilities, or technology to countries that are not signatories to the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968, and entered into force March 5, 1970 (commonly known as the "Nuclear Non-Proliferation Treaty" or "NPT"), without a unanimous vote by NSG Participating Governments.

    Inserted: (4) On joining the NSG in 2004, the People's Republic of China agreed to abide by all NSG guidelines.

    Inserted: (5) If the Government of China proceeds with a project without unanimous approval by the NSG's Participating Governments, it will be in clear violation of its NSG obligations.

    Inserted: (b) Sense of Congress.--It is the sense of Congress that, if the Government of China engages in nuclear cooperation outside of the scope of what is approved of by the Nuclear Suppliers Group or its guidelines--

    Inserted: (1) the Secretary of State should work with other NSG countries to have the People's Republic of China removed from the group;

    Inserted: (2) the Nuclear Regulatory Commission, the Department of Energy, and the Department of Commerce should suspend any and all nuclear cooperation with the People's Republic of China; and

    Inserted: (3) the Secretary of State should certify--

    Inserted: (A) whether it remains in the national security interest of the United States that the civilian nuclear cooperation agreement entered into between the United States and the People's Republic of China pursuant to section 123 of the Atomic Energy Act (42 U.S.C. 2153) remain in force; and

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    Inserted: (B) whether the findings of the nonproliferation assessment (NPAS) to Congress accompanying that agreement is still valid.

    Original wording

    At the end of title XII, add the following:

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As printed

SA 4637. Mr. KYL submitted an amendment intended to be proposed by him to the bill S. 3454, to authorize appropriations for fiscal year 2011 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title XII, add the following:

Subtitle D--Other Matters SEC. 1251. SENSE OF CONGRESS ON CHINA NUCLEAR COOPERATION OUTSIDE OF NUCLEAR SUPPLIERS GROUP.

(a) Findings.--Congress makes the following findings:

(1) The Nuclear Suppliers Group (NSG) was established in 1974 to control the international supply of nuclear materials, facilities, and technology for the purpose of preventing the proliferation of nuclear weapons and the capacity to manufacture them.

(2) The effectiveness of the Nuclear Suppliers Group relies upon the willingness of its 46 Participating Governments to voluntarily abide by its unanimously adopted guidelines governing nuclear transfers.

(3) Under these unanimously adopted guidelines, supplier countries may not transfer nuclear materials, facilities, or technology to countries that are not signatories to the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968, and entered into force March 5, 1970 (commonly known as the “Nuclear Non-Proliferation Treaty” or “NPT”), without a unanimous vote by NSG Participating Governments.

(4) On joining the NSG in 2004, the People's Republic of China agreed to abide by all NSG guidelines.

(5) If the Government of China proceeds with a project without unanimous approval by the NSG's Participating Governments, it will be in clear violation of its NSG obligations.

(b) Sense of Congress.--It is the sense of Congress that, if the Government of China engages in nuclear cooperation outside of the scope of what is approved of by the Nuclear Suppliers Group or its guidelines--

(1) the Secretary of State should work with other NSG countries to have the People's Republic of China removed from the group;

(2) the Nuclear Regulatory Commission, the Department of Energy, and the Department of Commerce should suspend any and all nuclear cooperation with the People's Republic of China; and

(3) the Secretary of State should certify--

(A) whether it remains in the national security interest of the United States that the civilian nuclear cooperation agreement entered into between the United States and the People's Republic of China pursuant to section 123 of the Atomic Energy Act (42 U.S.C. 2153) remain in force; and

(B) whether the findings of the nonproliferation assessment (NPAS) to Congress accompanying that agreement is still valid.

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Senate amendment submitted

September 21, 2010