[Congressional Record Volume 167, Number 192 (Tuesday, November 2, 2021)]
[Senate]
[Page S7638]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4170. Mr. MARKEY submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
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 end of subtitle E of title XII, add the following:

     SEC. 1253. COUNTERING CHINA'S PROLIFERATION OF BALLISTIC 
                   MISSILES AND NUCLEAR TECHNOLOGY TO THE MIDDLE-
                   EAST.

       (a) MTCR Transfers.--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 that 
     determination detailing--
       (1) whether any foreign person in China knowingly exported, 
     transferred, or engaged in trade of any item designated under 
     Category I of the MTCR Annex to any foreign person in the 
     previous three fiscal years; and
       (2) 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 that item or items.
       (b) China's Nuclear Fuel Cycle Cooperation.--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 report detailing--
       (1) whether any foreign person in China engaged in 
     cooperation with any other foreign person in the previous 
     three fiscal years in the construction of any nuclear-related 
     fuel cycle facility or activity that has not been notified to 
     the IAEA and would be subject to complementary access if an 
     Additional Protocol was in force; and
       (2) the policy options required to prevent and respond to 
     any future effort by China to export to any foreign person an 
     item classified as ``plants for the separation of isotopes of 
     uranium'' or ``plants for the reprocessing of irradiated 
     nuclear reactor fuel elements'' under Part 110 of the Nuclear 
     Regulatory Commission export licensing authority.
       (c) Form of Report.--The determination required under 
     subsection (a) and the report required under subsection (b) 
     shall be unclassified with a classified annex.
       (d) Definitions.--In this section:
       (1) 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 Select Committee on Intelligence of the House of 
     Representative; and
       (D) the Committee on Foreign Affairs of the House of 
     Representatives.
       (2) Foreign person; person.--The terms ``foreign person'' 
     and ``person'' mean--
       (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).
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