[Congressional Record Volume 165, Number 45 (Wednesday, March 13, 2019)]
[Senate]
[Pages S1851-S1852]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]





                           TEXT OF AMENDMENTS

  SA 193. Mr. LEE (for Mr. Paul) proposed an amendment to the joint 
resolution S.J. Res. 7, to direct the removal of United States Armed 
Forces from hostilities in the Republic of Yemen that have not been 
authorized by Congress; as follows:

       At the end, add the following:

     SEC. 6. RULE OF CONSTRUCTION REGARDING NO AUTHORIZATION FOR 
                   USE OF MILITARY FORCE.

       Consistent with section 8(a)(1) of the War Powers 
     Resolution (50 U.S.C. 1547(a)(1)), nothing in this joint 
     resolution may be construed as authorizing the use of 
     military force.
                                 ______
                                 
  SA 194. Mr. LEE (for Mr. Inhofe (for himself and Mr. Cornyn)) 
proposed an amendment to the joint resolution S.J. Res. 7, to direct 
the removal of United States Armed Forces from hostilities in the 
Republic of Yemen that have not been authorized by Congress; as 
follows:

       On page 5, line 7, insert after ``associated forces'' the 
     following: ``or operations to support efforts to defend 
     against ballistic missile, cruise missile, and unmanned 
     aerial vehicle threats to civilian population centers in 
     coalition countries, including locations where citizens and 
     nationals of the United States reside''.
                                 ______
                                 
  SA 195. Mr. LEE (for Mr. Rubio (for himself and Mr. Cornyn)) proposed 
an amendment to the joint resolution S.J. Res. 7, to direct the removal 
of United States Armed Forces from hostilities in the Republic of Yemen 
that have not been authorized by Congress; as follows:

       Insert after section 3 the following new section:

     SEC. 4. RULE OF CONSTRUCTION REGARDING INTELLIGENCE SHARING.

       Nothing in this joint resolution may be construed to 
     influence or disrupt any intelligence, counterintelligence, 
     or investigative activities relating to threats in or 
     emanating from Yemen conducted by, or in conjunction with, 
     the United States Government involving--
       (1) the collection of intelligence;
       (2) the analysis of intelligence; or
       (3) the sharing of intelligence between the United States 
     and any coalition partner if the President determines such 
     sharing is appropriate and in the national security interests 
     of the United States.
                                 ______
                                 
  SA 196. Mr. MERKLEY submitted an amendment intended to be proposed by 
him to the joint resolution S.J. Res. 7, to direct the removal of 
United States Armed Forces from hostilities in the Republic of Yemen 
that have not been authorized by Congress; which was ordered to lie on 
the table; as follows:

       On page 5, line 5, insert after ``Yemen'' the following: 
     ``, including by blocking any arms sales to Saudi Arabia for 
     any item designated as a Category III, IV, VII, or VIII item 
     on the United States Munitions List (USML) pursuant to 
     section 38(a)(1) of the Arms Export Control Act (22 U.S.C. 
     2778(a)(1)) as long as Saudi Arabia continues to use such 
     weapons in the civil war in the Republic of Yemen''.
                                 ______
                                 
  SA 197. Mr. VAN HOLLEN submitted an amendment intended to be proposed 
by him to the joint resolution S.J. Res. 7, to direct the removal of 
United States Armed Forces from hostilities in the Republic of Yemen 
that have not been authorized by Congress; which was ordered to lie on 
the table; as follows:

       At the end, add the following:

     SEC. 6. REQUIREMENT FOR INTERNATIONAL ATOMIC ENERGY AGENCY 
                   ADDITIONAL PROTOCOL AS CONDITION OF ENTERING 
                   INTO CIVILIAN NUCLEAR COOPERATION AGREEMENT 
                   WITH THE UNITED STATES PURSUANT TO SECTION 123 
                   OF THE ATOMIC ENERGY ACT OF 1954.

       (a) Findings.--Congress makes the following findings:
       (1) In 1971, the International Atomic Energy Agency (IAEA) 
     established the Comprehensive Safeguards Agreement (CSA), 
     which non-nuclear weapons states party to the Treaty on the 
     Non-Proliferation of Nuclear Weapons, signed at Washington 
     July 1, 1968 (commonly known as the ``NPT''), are obligated 
     to bring into force to verify compliance with their 
     nonproliferation obligations under the treaty.
       (2) In 1997, the International Atomic Energy Agency (IAEA) 
     established the model Additional Protocol to CSAs, which 
     grants the IAEA expanded rights of access to information and 
     sites related to a state's peaceful nuclear program.
       (3) The IAEA and international nonproliferation community 
     established the Additional Protocol as a response to major 
     shocks to the nonproliferation regime, most notably 
     revelations that the IAEA's existing safeguards system had 
     failed to detect the Government of Iraq's covert, undeclared 
     nuclear program for non-peaceful purposes prior to the 1991 
     Persian Gulf War.
       (4) The Additional Protocol strengthens the IAEA's ability 
     not only to verify the non-diversion of declared nuclear 
     material but also to provide assurances as to the absence of 
     undeclared nuclear material activities in a state by--
       (A) applying IAEA safeguards to a state's entire nuclear 
     program, including uranium mining and milling sites, fuel 
     fabrication, enrichment, and nuclear waste sites, as well as 
     to any other location where nuclear is or may be present;
       (B) expanding the amount and type of information a state is 
     obligated to report to the IAEA regarding its nuclear program 
     and related activities;
       (C) expanding the IAEA's inspection access at declared--and 
     undeclared--locations to verify the absence of undeclared 
     material or to resolve questions or inconsistencies in the 
     information a state has provided about its nuclear 
     activities; and
       (D) specifying the IAEA's right to use additional 
     safeguards methods and equipment, including environmental 
     sampling at both declared and undeclared sites.
       (5) Universalizing the Additional Protocol and establishing 
     it as the international standard for IAEA safeguards has been 
     a bipartisan objective of United States nonproliferation 
     policy since the Additional Protocol's adoption.
       (6) During the 2000 NPT Review Conference at the United 
     Nations, Secretary of State Madeleine K. Albright endorsed 
     the ``IAEA's new strengthened safeguards to deter and detect 
     cheating'' and urged ``all states to adopt them''.
       (7) During the 2005 NPT Review Conference at the United 
     Nations, Assistant Secretary of State for Arms Control 
     Stephen G. Rademaker stated that President George W. Bush's 
     nonproliferation policy included ``universalizing adherence 
     to the Additional Protocol and making it a condition of 
     nuclear supply''.
       (8) During the 2015 NPT Review Conference, Secretary of 
     State John Kerry emphasized that the ``United States is 
     working to bring the Additional Protocol into force globally 
     and to make it the global standard for safeguards 
     compliance''.
       (9) During the 2018 IAEA General Conference, Secretary of 
     Energy Rick Perry delivered a letter on behalf of President 
     Donald J. Trump, announcing that the United States ``will 
     continue promoting high standards of safety, security, 
     safeguards, and nonproliferation, including an Additional 
     Protocol as the international standard, and call on other 
     nations to do the same''.
       (10) At the same conference, Assistant Secretary of State 
     for International Security and Nonproliferation Christopher 
     Ashley Ford stressed that the Additional Protocol ``should be 
     universalized, and all supplier states should make adherence 
     to the AP by recipient states a condition for nuclear 
     supply''.
       (11) As of December 2018, 134 states have brought in force 
     the Additional Protocol with the IAEA while another 16 states 
     have signed the Additional Protocol but have yet to bring it 
     into force.
       (12) The Kingdom of Saudi Arabia has not brought into force 
     an Additional Protocol. It currently has a Small Quantities 
     Protocol (SQP) with the IAEA, a safeguards agreement that 
     suspends the application of many provisions of a CSA for 
     countries with minimal nuclear material and activities on its 
     territory or under its jurisdiction.
       (13) The Kingdom of Saudi Arabia has expressed its intent 
     to build an extensive civilian nuclear program, including two 
     large-scale nuclear power reactors and multiple small modular 
     reactors.
       (14) The Kingdom of Saudi Arabia will no longer be eligible 
     for a SQP and will be obligated to implement a CSA with the 
     IAEA without exemptions if it either has nuclear material in 
     quantities exceeding minimal limits or constructs nuclear 
     facilities on its territory or under its jurisdiction, 
     including a nuclear reactor.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the Additional Protocol represents the international 
     safeguards standard;
       (2) Saudi Arabia should, at a minimum, bring into force an 
     Additional Protocol with the IAEA as a requirement under any 
     nuclear cooperation agreement with the United States made 
     pursuant to section 123 of the Atomic Energy Act of 1954 (42 
     U.S.C. 2153); and
       (3) any future civilian nuclear cooperation agreement with 
     other nations pursuant to section 123 of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2153) should require that the proposed 
     recipient has in force an Additional Protocol to its 
     safeguards agreement with the IAEA.
       (c) Requirements for Civil Nuclear Cooperation Agreements 
     With Other Nations.--Section 123a. of the Atomic Energy Act 
     of 1954 (42 U.S.C. 2153(a)) is amended--
       (1) in paragraph (8), by striking ``; and'' and inserting a 
     semicolon;
       (2) in paragraph (9), by striking the period at the end and 
     inserting ``; and''; and
       (3) by inserting after paragraph (9) the following new 
     paragraph:
       ``(10) the cooperating party has in force an Additional 
     Protocol to its safeguards agreement with the IAEA.''.
                                 ______
                                 
  SA 198. Mr. VAN HOLLEN submitted an amendment intended to be proposed 
by him to the joint resolution S.J. Res. 7, to direct the removal of 
United

[[Page S1852]]

States Armed Forces from hostilities in the Republic of Yemen that have 
not been authorized by Congress; which was ordered to lie on the table; 
as follows:

       At the end, add the following:

     SEC. 6. VISA RESTRICTIONS FOR CERTAIN ALIENS.

       (a) In General.--The Secretary shall impose the visa 
     restrictions described in subsection (c) on any alien who the 
     Secretary determines is responsible for, or complicit in, 
     ordering, controlling, or otherwise directing the unlawful 
     detention of a United States citizen in Saudi Arabia.
       (b) Removal From Visa Restriction List.--The Secretary may 
     issue a visa to an alien described in subsection (a) if the 
     Secretary--
       (1) determines that such alien has afforded due process to 
     the applicable United States citizen; and
       (2) submits to the appropriate committees of Congress a 
     report that contains a justification for such determination.
       (c) Visa Restrictions Described.--Subject to subsection 
     (b)--
       (1) an alien described in subsection (a)--
       (A) is inadmissible to the United States; and
       (B) is ineligible to receive a visa or other documentation 
     authorizing entry into the United States; and
       (2) in the case of an alien described in subsection (a) who 
     is in possession of a valid visa or other documentation 
     authorizing entry into the United States, the Secretary shall 
     revoke such visa or other documentation under section 221(i) 
     of the Immigration and Nationality Act (8 U.S.C. 1201(i)).
       (d) Public Availability of Information.--Notwithstanding 
     section 222(f) of the Immigration and Nationality Act (8 
     U.S.C. 1202(f)), the Secretary shall publish in the Federal 
     Register--
       (1) the name of any alien to whom a visa restriction under 
     subsection (a) applies; and
       (2) any report submitted to the appropriate committees of 
     Congress under subsection (b)(2).
       (e) Definitions.--In this section:
       (1) Alien.--The term ``alien'' has the meaning given the 
     term in section 101(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)).
       (2) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Appropriations, the Committee on 
     Banking, Housing, and Urban Affairs, the Committee on Foreign 
     Relations, and the Committee on the Judiciary of the Senate; 
     and
       (B) the Committee on Appropriations, the Committee on 
     Financial Services, the Committee on Foreign Affairs, and the 
     Committee on the Judiciary of the House of Representatives.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of State.
       (4) Unlawful detention.--The term ``unlawful detention'' 
     means arbitrary arrest or imprisonment without a public 
     charge or trial.
                                 ______
                                 
  SA 199. Mr. VAN HOLLEN submitted an amendment intended to be proposed 
by him to the joint resolution S.J. Res. 7, to direct the removal of 
United States Armed Forces from hostilities in the Republic of Yemen 
that have not been authorized by Congress; which was ordered to lie on 
the table; as follows:

       At the end, add the following:

     SEC. 6. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS 
                   RESPONSIBLE FOR KILLING OF JAMAL KHASHOGGI.

       (a) In General.--On and after the date of the enactment of 
     this Act, the President shall impose the sanctions described 
     in subsection (b) with respect to any foreign person the 
     Director of the Central Intelligence Agency assesses, with 
     high confidence, before, on, or after such date of enactment, 
     is responsible for, or complicit in ordering, controlling, or 
     otherwise directing, the extrajudicial killing of Jamal 
     Khashoggi.
       (b) Sanctions Described.--The sanctions to be imposed under 
     subsection (a) with respect to a foreign person are the 
     following:
       (1) Blocking of property.--
       (A) In general.--The blocking, in accordance with the 
     International Emergency Economic Powers Act (50 U.S.C. 1701 
     et seq.), of all transactions in all property and interests 
     in property of the foreign person if such property and 
     interests in property are in the United States, come within 
     the United States, or are or come within the possession or 
     control of a United States person.
       (B) Inapplicability of national emergency requirement.--The 
     requirements of section 202 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1701) shall not apply for 
     purposes of this subsection.
       (2) Inadmissibility to united states.--In the case of a 
     foreign person who is an individual--
       (A) ineligibility to receive a visa to enter the United 
     States or to be admitted to the United States; or
       (B) if the individual has been issued a visa or other 
     documentation, revocation, in accordance with section 221(i) 
     of the Immigration and Nationality Act (8 U.S.C. 1201(i)), of 
     the visa or other documentation.
       (c) Exceptions.--
       (1) Importation of goods.--The requirement to impose 
     sanctions under subsection (b)(1) shall not include the 
     authority to impose sanctions with respect to the importation 
     of goods.
       (2) Compliance with international obligations.--Subsection 
     (b)(2) shall not apply with respect to the admission of an 
     alien to the United States if such admission is necessary to 
     comply with United States obligations under the Agreement 
     between the United Nations and the United States of America 
     regarding the Headquarters of the United Nations, signed at 
     Lake Success June 26, 1947, and entered into force November 
     21, 1947, under the Convention on Consular Relations, done at 
     Vienna April 24, 1963, and entered into force March 19, 1967, 
     or under other international agreements.
       (d) Implementation; Penalties.--
       (1) Implementation.--The President may exercise all 
     authorities provided under sections 203 and 205 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1702 
     and 1704) to carry out this section.
       (2) Penalties.--A person that violates, attempts to 
     violate, conspires to violate, or causes a violation of 
     subsection (b)(1) or any regulation, license, or order issued 
     to carry out that subsection shall be subject to the 
     penalties set forth in subsections (b) and (c) of section 206 
     of the International Emergency Economic Powers Act (50 U.S.C. 
     1705) to the same extent as a person that commits an unlawful 
     act described in subsection (a) of that section.
       (e) Definitions.--In this section:
       (1) Admitted; alien.--The terms ``admitted'' and ``alien'' 
     have the meanings given those terms in section 101 of the 
     Immigration and Nationality Act (8 U.S.C. 1101).
       (2) Foreign person.--The term ``foreign person'' means a 
     person that is not a United States person.
       (3) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States; or
       (B) an entity organized under the laws of the United States 
     or any jurisdiction within the United States, including a 
     foreign branch of such an entity.

                          ____________________