S.Amdt. 1855

SA 1855. Mr. MANCHIN submitted an amendment intended to be proposed
to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to
establish a new Directorate for Technology and Innovation in the
National Science Foundation, to establish a regional technology hub
program, to require a strategy and report on economic security,
science, research, innovation, manufacturing, and job creation, to
establish a critical supply chain resiliency program, and for other
purposes; which was ordered to lie on the table; as follows:

Strike section 2515 and insert the following:

SEC. 2515. RESTRICTIONS ON NUCLEAR COOPERATION WITH THE
PEOPLE'S REPUBLIC OF CHINA.

(a) Sense of Congress.--It is the sense of Congress that
the document entitled ``U.S. Policy Framework on Civil
Nuclear Cooperation with China'' (PF 2019-03), which was
issued on October 11, 2018, places necessary and appropriate
restrictions on nuclear cooperation with the People's
Republic of China and should, therefore, remain in force.
(b) Reports on Modifications to Restrictions.--
(1) Requirement.--Not later than 60 days before the date on
which the Secretary of Energy seeks to modify any restriction
on the transfer of United States civil nuclear technology to
the People's Republic of China, the Secretary of Energy, with
the concurrence of the Secretary of State and after
consultation with the Nuclear Regulatory Commission, the
Secretary of Commerce, and the Secretary of Defense and
review by the Director of National Intelligence, shall submit
to the appropriate committees of Congress a report on such
modification, including a description of, and explanation
for, the modification.
(2) Form.--Each report submitted under paragraph (1) shall
be submitted in unclassified form but may include a
classified annex.
(c) Review of Prior Nuclear Cooperation and Associated
Impacts.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Comptroller General of the
United States shall initiate--
(A) a review of nuclear cooperation during the 10-year
period ending on the date of the enactment of this Act
between the United States Government and the People's
Republic of China, including the role of the Department of
State in facilitating such cooperation; and
(B) assessing the implications of the cooperation described
in subparagraph (A) on the national security of the United
States.
(2) Elements.--In conducting the review and assessment
under paragraph (1), the Comptroller General shall examine
all nuclear cooperation activities between the United States
Government and the People's Republic of China during the 10-
year period ending on the date of the enactment of this Act,
including--
(A) all trips relating to nuclear cooperation taken by
officials of the United States Government to the People's
Republic of China;
(B) all exchanges of goods, services, data, or information
between officials of the United States Government and the
Government of the People's Republic of China or any entity
owned or controlled by that Government or organized under the
laws of the People's Republic of China;
(C) all instances in which officials of the United States
Government hosted officials from, or significantly tied to,
the Government of the People's Republic of China or any
entity described in subparagraph (B).
(3) Deadline and report.--Not later than 2 years after
Comptroller General initiates the review and assessment under
paragraph (1), the Comptroller General shall--
(A) complete the review and assessment; and
(B) submit to the appropriate committees of Congress a
report containing the results of the review and assessment,
which shall be unclassified but, if necessary, may include a
classified annex.
(4) Publication.--Not later than 60 days after the date on
which the Comptroller General submits the report required by
paragraph (3), the Comptroller General shall make the report
publicly available in an easily accessible electronic format,
with appropriate redactions for information that, in the
determination of the Secretary of Energy, would be damaging
to the national security of the United States if disclosed.
(d) Rule of Construction.--Nothing in this section shall be
construed to prohibit--
(1) United States commercial activities that are consistent
with the laws and regulations of the United States; or
(2) limited diplomatic engagement or dialogue--
(A) including regarding protection of the intellectual
property and trade secrets of United States persons; and
(B) except for any diplomatic engagement or dialogue
relating to or aimed at facilitating the transfer of nuclear
technology.
(e) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Energy and Natural Resources and the
Committee on Foreign Relations of the Senate; and
(B) the Committee on Energy and Commerce and the Committee
on Foreign Affairs of the House of Representatives.
(2) Nuclear cooperation.--The term ``nuclear cooperation''
means cooperation with respect to nuclear activities,
including the development, use, or control of atomic energy,
including any activities involving the processing or
utilization of source material, byproduct material, or
special nuclear material (as those terms are defined in
section 11 of the Atomic Energy Act of 1954 (42 U.S.C.
2014)).
(3) Nuclear cooperation activities.--The term ``nuclear
cooperation activities'' means activities relating to nuclear
cooperation.
(4) Restriction on the transfer of united states civil
nuclear technology to the people's republic of china.--The
term ``restriction on the transfer of United States civil
nuclear technology to the People's Republic of China''
includes the 2018 United States Policy Framework on Civil
Nuclear Cooperation with China of the Department of Energy.
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