What it changes

1 change to S.Amdt. 5499 · shown in S.Amdt. 5499's text

Adds a section
  1. Adds SEC. 1254. REPORT AND SANCTIONS RELATING TO OBLIGATIONS OF PEOPLE'S REPUBLIC OF CHINA UNDER TREATY ON THE NON-PROLIFERATION OF NUCLEAR WEAPONS at the end of subtitle D of title XII

    Adds a section

    In S.Amdt. 5499 as proposed

    (2) modifies or deletes in any way the content of the project as a result of any direction from any entity of the Government of the People's Republic of China or the Chinese Communist Party.

    Inserted: SEC. 1254. REPORT AND SANCTIONS RELATING TO OBLIGATIONS OF PEOPLE'S REPUBLIC OF CHINA UNDER TREATY ON THE NON-PROLIFERATION OF NUCLEAR WEAPONS.

    Inserted: (a) Findings.--Congress finds that, as a signatory to the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968 (commonly referred to as the "Nuclear Non-Proliferation Treaty"), the People's Republic of China is obligated under Article VI of the treaty to pursue arms control negotiations in good faith.

    Inserted: (b) Report Required.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit to Congress a report describing the implementation and observance of Article VI of the Nuclear Non-Proliferation Treaty by the People's Republic of China that includes a determination of whether the Government of the People's Republic of China has, during the year preceding submission of the report, "pursue[d] negotiations in good faith on effective measures relating to cessation of the nuclear arms race at an early date and to nuclear disarmament" in accordance with such Article VI.

    Inserted: (c) Imposition of Sanctions.--The President shall include on the SDN list any person that the President determines, on or after the date of the enactment of this Act--

    Inserted: (1) is an entity in the defense industry of the People's Republic of China;

    Inserted: (2) is an individual who is corporate officer or principal shareholder of an entity described in paragraph (1);

    Inserted: (3) knowingly provides significant financial, material, technological, or other support to a person described in paragraph (1) or (2); or

    Inserted: (4) knowingly provides goods or services in support of any activity or transaction on behalf of or for the benefit of such a person.

    Inserted: (d) Exception.--The President may not include an entity in the defense industry of the People's Republic of China, an individual who is corporate officer or principal shareholder of such an entity, or a person that provides support or goods or services to such an entity or individual as described in paragraph (3) or (4) of subsection (c), on the SDN list pursuant to subsection (c) if, in the most recent report required by subsection (b), the President determines that the People's Republic of China has "pursue[d] negotiations in good faith on effective measures relating to cessation of the nuclear arms race at an early date and to nuclear disarmament" pursuant to the obligations of the People's Republic of China under article VI of the Nuclear Non-Proliferation Treaty during the period covered by the report.

    Inserted: (e) Definitions.--In this section:

    Inserted: (1) Knowingly.--The term "knowingly", with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.

    Inserted: (2) Sdn list.--The term "SDN list" means the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury.

    Original wording

    At the end of subtitle D of title XII, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 5696. Mr. CRUZ submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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 subtitle D of title XII, add the following:

SEC. 1254. REPORT AND SANCTIONS RELATING TO OBLIGATIONS OF PEOPLE'S REPUBLIC OF CHINA UNDER TREATY ON THE NON-PROLIFERATION OF NUCLEAR WEAPONS.

(a) Findings.--Congress finds that, as a signatory to the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968 (commonly referred to as the “Nuclear Non-Proliferation Treaty”), the People's Republic of China is obligated under Article VI of the treaty to pursue arms control negotiations in good faith.

(b) Report Required.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit to Congress a report describing the implementation and observance of Article VI of the Nuclear Non-Proliferation Treaty by the People's Republic of China that includes a determination of whether the Government of the People's Republic of China has, during the year preceding submission of the report, “pursue[d] negotiations in good faith on effective measures relating to cessation of the nuclear arms race at an early date and to nuclear disarmament” in accordance with such Article VI.

(c) Imposition of Sanctions.--The President shall include on the SDN list any person that the President determines, on or after the date of the enactment of this Act--

(1) is an entity in the defense industry of the People's Republic of China;

(2) is an individual who is corporate officer or principal shareholder of an entity described in paragraph (1);

(3) knowingly provides significant financial, material, technological, or other support to a person described in paragraph (1) or (2); or

(4) knowingly provides goods or services in support of any activity or transaction on behalf of or for the benefit of such a person.

(d) Exception.--The President may not include an entity in the defense industry of the People's Republic of China, an individual who is corporate officer or principal shareholder of such an entity, or a person that provides support or goods or services to such an entity or individual as described in paragraph (3) or (4) of subsection (c), on the SDN list pursuant to subsection (c) if, in the most recent report required by subsection (b), the President determines that the People's Republic of China has “pursue[d] negotiations in good faith on effective measures relating to cessation of the nuclear arms race at an early date and to nuclear disarmament” pursuant to the obligations of the People's Republic of China under article VI of the Nuclear Non-Proliferation Treaty during the period covered by the report.

(e) Definitions.--In this section:

(1) Knowingly.--The term “knowingly”, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.

(2) Sdn list.--The term “SDN list” means the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury.

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Senate amendment submitted

September 27, 2022