[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4604 Introduced in Senate (IS)]
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116th CONGRESS
2d Session
S. 4604
To require the imposition of sanctions with respect to certain persons
in the defense sectors of nuclear weapons states that are not
fulfilling their obligations under article VI of the Nuclear Non-
Proliferation Treaty, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 16, 2020
Mr. Cruz introduced the following bill; which was read twice and
referred to the Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To require the imposition of sanctions with respect to certain persons
in the defense sectors of nuclear weapons states that are not
fulfilling their obligations under article VI of the Nuclear Non-
Proliferation Treaty, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strongly and Unambiguously
Sanctioning Proliferators Exploiting Nuclear Diplomacy Act of 2020'' or
the ``SUSPEND Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The governments of nuclear weapons states have
committed, in accordance with article VI of the Treaty on the
Non-Proliferation of Nuclear Weapons, done at Washington,
London, and Moscow July 1, 1968 (21 UST 483) (commonly referred
to as the ``Nuclear Non-Proliferation Treaty''), to ``pursue
negotiations in good faith on effective measures relating to
cessation of the nuclear arms race at an early date and to
nuclear disarmament''.
(2) In 2018 the Nuclear Posture Review confirmed that--
(A) ``[t]he United States remains committed to its
efforts in support of the ultimate global elimination
of nuclear, biological, and chemical weapons'';
(B) ``[w]hile the United States has continued to
reduce the number and salience of nuclear weapons,
others, including Russia and China, have moved in the
opposite direction''; and
(C) the United States has ``long sought a dialogue
with China to enhance our understanding of our
respective nuclear policies, doctrine, and
capabilities; to improve transparency; and to help
manage the risks of miscalculation and misperception''.
(3) On May 29, 2019, the Director of the Defense
Intelligence Agency, Lt. Gen. Robert P. Ashley, Jr., stated--
(A) ``Russia is upgrading the capacity of its
nuclear forces. We assess its overall nuclear stockpile
is likely to grow significantly over the next
decade.''; and
(B) ``Over the next decade, China is likely to at
least double the size of its nuclear stockpile in the
course of implementing the most rapid expansion and
diversification of its nuclear arsenal in China's
history.''.
(4) In 2019, the United States-China Economic and Security
Review Commission reported to Congress that--
(A) the People's Republic of China's ``enhanced
program of military-civil fusion seeks to mobilize
civilian technological advances in support of China's
military modernization''; and
(B) ``As part of military-civil fusion, Chinese
firms obtain dual-use technologies through overseas
acquisitions supported by government funding. For
instance, since its creation in 2008, state-owned
defense conglomerate Aviation Industry Corporation of
China (AVIC) has spent at least $3.3 billion acquiring
at least 20 aerospace, automotive, and engineering
firms, mainly in the United States and Europe.''.
SEC. 3. DEFINITIONS.
In this Act:
(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) Nuclear non-proliferation treaty.--The term ``Nuclear
Non-Proliferation Treaty'' means the Treaty on the Non-
Proliferation of Nuclear Weapons, done at Washington, London,
and Moscow July 1, 1968 (21 UST 483).
(3) Nuclear weapons state.--The term ``nuclear weapons
state'' means a country that is a nuclear-weapons state party
to the Nuclear Non-Proliferation Treaty.
(4) 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.
SEC. 4. REPORT ON OBSERVANCE OF ARTICLE VI OF NUCLEAR NON-PROLIFERATION
TREATY BY NUCLEAR WEAPONS STATES.
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 nuclear weapons
states that includes the determination of the Secretary, with respect
to each such state, of whether that state 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.
SEC. 5. IMPOSITION OF SANCTIONS WITH RESPECT TO CERTAIN PERSONS IN
DEFENSE SECTOR OF NUCLEAR WEAPONS STATES NOT FULFILLING
OBLIGATIONS UNDER ARTICLE VI OF THE NUCLEAR NON-
PROLIFERATION TREATY.
(a) In General.--The President shall include on the SDN list any
person that, on or after the date of the enactment of this Act--
(1) is an entity in the defense industry of a country
described in subsection (b);
(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.
(b) Country Described.--A country described in this subsection is a
nuclear weapons state that is not a member of the North Atlantic Treaty
Organization.
(c) Exception.--The President may not include an entity in the
defense industry of a country described in subsection (b), 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 (a), on the SDN list pursuant to subsection (a) if, in the
most recent report required by section 4, the President determines that
the country 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
country under article VI of the Nuclear Non-Proliferation Treaty during
the period covered by the report.
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