[Congressional Record Volume 167, Number 88 (Thursday, May 20, 2021)]
[Senate]
[Pages S3299-S3300]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1897. Mr. MANCHIN submitted an amendment intended to be proposed 
to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to 
establish a new Directorate for Technology and Innovation in the 
National Science Foundation, to establish a regional technology hub 
program, to require a strategy and report on economic security, 
science, research, innovation, manufacturing, and job creation, to 
establish a critical supply chain resiliency program, and for other 
purposes; which was ordered to lie on the table; as follows:

        Strike section 2515 and insert the following:

     SEC. 2515. RESTRICTIONS ON NUCLEAR COOPERATION WITH THE 
                   PEOPLE'S REPUBLIC OF CHINA.

       (a) Sense of Congress.--It is the sense of Congress that 
     the document entitled ``U.S. Policy Framework on Civil 
     Nuclear Cooperation with China'' (PF 2019-03), which was 
     issued on October 11, 2018, places necessary and appropriate 
     restrictions on nuclear cooperation with the People's 
     Republic of China and should, therefore, remain in force.
       (b) Reports on Modifications to Restrictions.--
       (1) Requirement.--Not later than 60 days before the date on 
     which the Secretary of Energy seeks to modify any restriction 
     on the transfer of United States civil nuclear technology to 
     the People's Republic of China, the Secretary of Energy, with 
     the concurrence of the Secretary of State and after 
     consultation with the Nuclear Regulatory Commission, the 
     Secretary of Commerce, and the Secretary of Defense and 
     review by the Director of National Intelligence, shall submit 
     to the appropriate committees of Congress a report on such 
     modification, including a description of, and explanation 
     for, the modification.
       (2) Form.--Each report submitted under paragraph (1) shall 
     be submitted in unclassified form but may include a 
     classified annex.
       (c) Review of Prior Nuclear Cooperation and Associated 
     Impacts.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall initiate--
       (A) a review of nuclear cooperation during the 10-year 
     period ending on the date of the enactment of this Act 
     between the United

[[Page S3300]]

     States Government and the People's Republic of China, 
     including the role of the Department of State in facilitating 
     such cooperation; and
       (B) assessing the implications of the cooperation described 
     in subparagraph (A) on the national security of the United 
     States.
       (2) Elements.--In conducting the review and assessment 
     under paragraph (1), the Comptroller General shall examine 
     all nuclear cooperation activities between the United States 
     Government and the People's Republic of China during the 10-
     year period ending on the date of the enactment of this Act, 
     including--
       (A) all trips relating to nuclear cooperation taken by 
     officials of the United States Government to the People's 
     Republic of China;
       (B) all exchanges of goods, services, data, or information 
     between officials of the United States Government and the 
     Government of the People's Republic of China or any entity 
     owned or controlled by that Government or organized under the 
     laws of the People's Republic of China;
       (C) all instances in which officials of the United States 
     Government hosted officials from, or significantly tied to, 
     the Government of the People's Republic of China or any 
     entity described in subparagraph (B).
       (3) Deadline and report.--Not later than 2 years after 
     Comptroller General initiates the review and assessment under 
     paragraph (1), the Comptroller General shall--
       (A) complete the review and assessment; and
       (B) submit to the appropriate committees of Congress a 
     report containing the results of the review and assessment, 
     which shall be unclassified but, if necessary, may include a 
     classified annex.
       (4) Publication.--Not later than 60 days after the date on 
     which the Comptroller General submits the report required by 
     paragraph (3), the Comptroller General shall make the report 
     publicly available in an easily accessible electronic format, 
     with appropriate redactions for information that, in the 
     determination of the Secretary of Energy, would be damaging 
     to the national security of the United States if disclosed.
       (d) Rule of Construction.--Nothing in this section shall be 
     construed to prohibit--
       (1) United States commercial activities that are consistent 
     with the laws and regulations of the United States; or
       (2) limited diplomatic engagement or dialogue--
       (A) including regarding protection of the intellectual 
     property and trade secrets of United States persons; and
       (B) except for any diplomatic engagement or dialogue 
     relating to or aimed at facilitating the transfer of nuclear 
     technology.
       (e) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Energy and Natural Resources and the 
     Committee on Foreign Relations of the Senate; and
       (B) the Committee on Energy and Commerce and the Committee 
     on Foreign Affairs of the House of Representatives.
       (2) 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)).
       (3) Nuclear cooperation activities.--The term ``nuclear 
     cooperation activities'' means activities relating to nuclear 
     cooperation.
       (4) Restriction on the transfer of united states civil 
     nuclear technology to the people's republic of china.--The 
     term ``restriction on the transfer of United States civil 
     nuclear technology to the People's Republic of China'' 
     includes the 2018 United States Policy Framework on Civil 
     Nuclear Cooperation with China of the Department of Energy.
                                 ______