S.Amdt. 5697
What it does: Adds SEC. 1254. LIMITATION ON NUCLEAR COOPERATION WITH THE PEOPLE'S REPUBLIC OF CHINA at the end of subtitle D of title XIIWhat it changes
1 change to S.Amdt. 5499 · shown in S.Amdt. 5499's text
Adds SEC. 1254. LIMITATION ON NUCLEAR COOPERATION WITH THE PEOPLE'S REPUBLIC OF CHINA at the end of subtitle D of title XII
Adds a sectionIn 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. LIMITATION ON NUCLEAR COOPERATION WITH THE PEOPLE'S REPUBLIC OF CHINA.
Inserted: (a) In General.--The President shall not--
Inserted: (1) develop, design, plan, promulgate, implement, or execute a bilateral policy, program, order, or contract of any kind to participate in, collaborate on, or coordinate bilaterally in any manner with respect to nuclear cooperation activities, or otherwise engage in nuclear cooperation, with--
Inserted: (A) the Government of the People's Republic of China; or
Inserted: (B) any company--
Inserted: (i) owned by the Government of the People's Republic of China; or
Inserted: (ii) incorporated under the laws of the People's Republic of China; or
Inserted: (2) allow any agency of the United States Government to host official visitors at a facility belonging to the agency if those visitors are--
Inserted: (A) officials, corporate officers, or principal shareholders of any entity described in subparagraph (A) or (B) of paragraph (1); or
Inserted: (B) individuals subject to undue influence by the individuals described in subparagraph (A).
Inserted: (b) Review of Prior Nuclear Cooperation and Associated Impacts.--
Inserted: (1) Agreement.--Not later than 60 days after the date of enactment of this Act, the Secretary of State shall seek to enter into an agreement with the National Academy of Public Administration (referred to in this section as the "National Academy") to carry out the review and assessment described in paragraph (2) and submit the report described in paragraph (3).
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Inserted: (2) Review and assessment.--
Inserted: (A) In general.--Under the agreement described in paragraph (1), the National Academy shall--
Inserted: (i) conduct a review of nuclear cooperation during the 25-year period ending on the date of 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
Inserted: (ii) perform an assessment of the implications of the cooperation described in clause (i) on the national security of the United States.
Inserted: (B) Elements.--In conducting the review and assessment under subparagraph (A), the National Academy shall examine all cooperative activities relating to nuclear cooperation between the United States Government and the People's Republic of China during the 25-year period ending on the date of enactment of this Act, including--
Inserted: (i) all trips relating to nuclear cooperation taken by officials of the Department of State to the People's Republic of China;
Inserted: (ii) all exchanges of goods, services, data, or information between officials of the United States Government and an entity described in subparagraph (A) or (B) of subsection (a)(1); and
Inserted: (C) all instances in which officials of the United States Government hosted officials from, or significantly tied to, an entity described in subparagraph (A) or (B) of subsection (a)(1).
Inserted: (3) Deadline and report.--Not later than 1 year after the date on which the Secretary and the National Academy enter into an agreement described in paragraph (1), the National Academy shall--
Inserted: (A) complete the review and assessment described in paragraph (2); and
Inserted: (B) submit a report containing the results of the review and assessment, which shall be unclassified but, if necessary, may contain a classified annex, to--
Inserted: (i) the Secretary; and
Inserted: (ii) the appropriate congressional committees.
Inserted: (4) Publication.--Not later than 60 days after the date on which the National Academy submits the report under paragraph (3), the Secretary shall make the report publically available in an easily accessible electronic format, with appropriate redactions for information that, in the determination of the Secretary, would be damaging to the national security of the United States if disclosed.
Inserted: (c) Definitions.--In this section:
Inserted: (1) 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)).
Inserted: (2) Nuclear cooperation activities.--The term "nuclear cooperation activities" means activities relating to nuclear cooperation.
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 5697. 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. LIMITATION ON NUCLEAR COOPERATION WITH THE PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--The President shall not--
(1) develop, design, plan, promulgate, implement, or execute a bilateral policy, program, order, or contract of any kind to participate in, collaborate on, or coordinate bilaterally in any manner with respect to nuclear cooperation activities, or otherwise engage in nuclear cooperation, with--
(A) the Government of the People's Republic of China; or
(B) any company--
(i) owned by the Government of the People's Republic of China; or
(ii) incorporated under the laws of the People's Republic of China; or
(2) allow any agency of the United States Government to host official visitors at a facility belonging to the agency if those visitors are--
(A) officials, corporate officers, or principal shareholders of any entity described in subparagraph (A) or (B) of paragraph (1); or
(B) individuals subject to undue influence by the individuals described in subparagraph (A).
(b) Review of Prior Nuclear Cooperation and Associated Impacts.--
(1) Agreement.--Not later than 60 days after the date of enactment of this Act, the Secretary of State shall seek to enter into an agreement with the National Academy of Public Administration (referred to in this section as the “National Academy”) to carry out the review and assessment described in paragraph (2) and submit the report described in paragraph (3).
(2) Review and assessment.--
(A) In general.--Under the agreement described in paragraph (1), the National Academy shall--
(i) conduct a review of nuclear cooperation during the 25-year period ending on the date of 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
(ii) perform an assessment of the implications of the cooperation described in clause (i) on the national security of the United States.
(B) Elements.--In conducting the review and assessment under subparagraph (A), the National Academy shall examine all cooperative activities relating to nuclear cooperation between the United States Government and the People's Republic of China during the 25-year period ending on the date of enactment of this Act, including--
(i) all trips relating to nuclear cooperation taken by officials of the Department of State to the People's Republic of China;
(ii) all exchanges of goods, services, data, or information between officials of the United States Government and an entity described in subparagraph (A) or (B) of subsection (a)(1); and
(C) all instances in which officials of the United States Government hosted officials from, or significantly tied to, an entity described in subparagraph (A) or (B) of subsection (a)(1).
(3) Deadline and report.--Not later than 1 year after the date on which the Secretary and the National Academy enter into an agreement described in paragraph (1), the National Academy shall--
(A) complete the review and assessment described in paragraph (2); and
(B) submit a report containing the results of the review and assessment, which shall be unclassified but, if necessary, may contain a classified annex, to--
(i) the Secretary; and
(ii) the appropriate congressional committees.
(4) Publication.--Not later than 60 days after the date on which the National Academy submits the report under paragraph (3), the Secretary shall make the report publically available in an easily accessible electronic format, with appropriate redactions for information that, in the determination of the Secretary, would be damaging to the national security of the United States if disclosed.
(c) Definitions.--In this section:
(1) 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)).
(2) Nuclear cooperation activities.--The term “nuclear cooperation activities” means activities relating to nuclear cooperation.
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Senate amendment submitted
September 27, 2022