[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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