S.Amdt. 634

SA 634. Mr. MARKEY submitted an amendment intended to be proposed by
him to the bill S. 2226, to authorize appropriations for fiscal year
2024 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 appropriate place in title XII, insert the
following:

SEC. 12__. COUNTERING SAUDI ARABIA'S PURSUIT OF WEAPONS OF
MASS DESTRUCTION.

(a) Short Titles.--This section may be cited as the
``Stopping Activities Underpinning Development In Weapons of
Mass Destruction Act'' or the ``SAUDI WMD Act''.
(b) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Select Committee on Intelligence of the Senate;
(B) the Committee on Foreign Relations of the Senate;
(C) the Committee on Environment and Public Works of the
Senate;
(D) the Permanent Select Committee on Intelligence of the
House of Representatives;
(E) the Committee on Foreign Affairs of the House of
Representatives; and
(F) the Committee on Energy and Commerce of the House of
Representatives.
(2) Foreign person.--The term ``foreign person'' means--
(A) a natural person that is an alien;
(B) a corporation, business association, partnership,
society, trust, or any other nongovernmental entity,
organization, or group, that is organized under the laws of a
foreign country or has its principal place of business in a
foreign country;
(C) any foreign governmental entity operating as a business
enterprise; and
(D) any successor, subunit, or subsidiary of any entity
described in subparagraph (B) or (C).
(3) MTCR.--The term ``MTCR'' means the Missile Technology
Control Regime, which was formed in 1987 by the G-7
industrialized countries and has since expanded to 35 member
countries, including any ``MTCR adherent'' country that,
pursuant to an international understanding to which the
United States is a party, controls MTCR equipment or
technology in accordance with the criteria and standards set
forth in the MTCR.
(4) Saudi arabia.--The term ``Saudi Arabia'' means the
Kingdom of Saudi Arabia.
(c) Determination of Possible MTCR Transfers to Saudi
Arabia.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the President shall submit to the
appropriate committees of Congress a written determination
and any documentation to support such determination
detailing--
(A) whether any foreign person knowingly exported,
transferred, or engaged in trade with Saudi Arabia of any
item designated under Category I of the MTCR Annex in the
previous 5 fiscal years; and
(B) the sanctions the President has imposed or intends to
impose pursuant to section 11B(b) of the Export
Administration Act of 1979 (50 U.S.C. 4612(b)) against any
foreign person who knowingly engaged in the export, transfer,
or trade of an item referred to in paragraph (1).
(2) Waiver.--Notwithstanding paragraphs (3) through (7) of
section 11B(b) of the Export Administration Act of 1979 (50
U.S.C. 4612(b)), the President may waive the application of
sanctions under such subsection with respect to Saudi Arabia
only if the President certifies that Saudi Arabia is
verifiably determined to no longer possess any item
designated under Category I of the MTCR Annex received in the
previous 5 fiscal years.
(3) Form of report.--The determination required under
paragraph (1) shall be submitted in unclassified form, with a
classified annex.
(d) Reporting Requirements Relating to Applications for
Authorization to Develop or Produce Special Nuclear Material
Outside the United States.--Section 57 of the Atomic Energy
Act of 1954 (42 U.S.C. 2077) is amended by adding at the end
the following:
``(f) Reporting Requirements.--
``(1) Quarterly reports.--
``(A) In general.--Not later than 90 days after the date of
the enactment of the SAUDI WMD Act, and every 90 days
thereafter, the Secretary of Energy shall submit to the
appropriate committees of Congress (as defined in section
12__(b) of such Act) a report that describes each
authorization involving the Kingdom of Saudi Arabia issued by
the Secretary pursuant to subsection (b)(2) during the 90-day
period immediately preceding the submission of such report.
``(B) Elements.--Each report required under subparagraph
(A) shall include--
``(i) a summary of each application for an authorization
under subsection (b)(2) during the 90-day period immediately
preceding the submission of such report, including--

``(I) whether the application was accepted or rejected; and
``(II) the intended purpose for which the applicant sought
the authorization; and

``(ii) an annex containing--

``(I) each application submitted to the Secretary during
such 90-day period; and
``(II) each report submitted to the Secretary pursuant to
section 810.12 of title 10, Code of Federal Regulations (or
any similar regulation or ruling) during such period.

``(C) Additional material in initial report.--The first
report required to be submitted under subparagraph (A) shall
include the matters required under subparagraph (B) for the
period beginning on March 25, 2015, and ending on the date of
the enactment of the SAUDI WMD Act.
``(D) Review by secretary of state.--The Secretary shall
submit each report required under this paragraph to the
Secretary of State for approval before submitting the report
to the chairmen and ranking members of the congressional
committees listed under subparagraph (A).
``(E) Form.--Each report required under this paragraph
shall be submitted in unclassified form, but may include a
classified annex.
``(2) Submission to congress of applications and certain
reports.--Not later than 10 days after receiving from the
chairman or ranking member of any of the congressional
committees listed in paragraph (1)(A) a request for an
application for an authorization under subsection (b)(2) that
is pending or has been approved by the Secretary or a report
submitted pursuant to section 810.12 of title 10, Code of
Federal Regulations (or any corresponding similar regulation
or ruling), as the case may be, the Secretary of Energy shall
submit to the chairman or ranking member submitting such
request, application, or report.''.
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