[Congressional Record Volume 168, Number 156 (Tuesday, September 27, 2022)]
[Senate]
[Page S5077]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5697. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 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 D of title XII, add the following:

     SEC. 1254. LIMITATION ON NUCLEAR COOPERATION WITH THE 
                   PEOPLE'S REPUBLIC OF CHINA.

       (a) In General.--The President shall not--
       (1) develop, design, plan, promulgate, implement, or 
     execute a bilateral policy, program, order, or contract of 
     any kind to participate in, collaborate on, or coordinate 
     bilaterally in any manner with respect to nuclear cooperation 
     activities, or otherwise engage in nuclear cooperation, 
     with--
       (A) the Government of the People's Republic of China; or
       (B) any company--
       (i) owned by the Government of the People's Republic of 
     China; or
       (ii) incorporated under the laws of the People's Republic 
     of China; or
       (2) allow any agency of the United States Government to 
     host official visitors at a facility belonging to the agency 
     if those visitors are--
       (A) officials, corporate officers, or principal 
     shareholders of any entity described in subparagraph (A) or 
     (B) of paragraph (1); or
       (B) individuals subject to undue influence by the 
     individuals described in subparagraph (A).
       (b) Review of Prior Nuclear Cooperation and Associated 
     Impacts.--
       (1) Agreement.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary of State shall seek to 
     enter into an agreement with the National Academy of Public 
     Administration (referred to in this section as the ``National 
     Academy'') to carry out the review and assessment described 
     in paragraph (2) and submit the report described in paragraph 
     (3).
       (2) Review and assessment.--
       (A) In general.--Under the agreement described in paragraph 
     (1), the National Academy shall--
       (i) conduct a review of nuclear cooperation during the 25-
     year period ending on the date of enactment of this Act 
     between the United States Government and the People's 
     Republic of China, including the role of the Department of 
     State in facilitating such cooperation; and
       (ii) perform an assessment of the implications of the 
     cooperation described in clause (i) on the national security 
     of the United States.
       (B) Elements.--In conducting the review and assessment 
     under subparagraph (A), the National Academy shall examine 
     all cooperative activities relating to nuclear cooperation 
     between the United States Government and the People's 
     Republic of China during the 25-year period ending on the 
     date of enactment of this Act, including--
       (i) all trips relating to nuclear cooperation taken by 
     officials of the Department of State to the People's Republic 
     of China;
       (ii) all exchanges of goods, services, data, or information 
     between officials of the United States Government and an 
     entity described in subparagraph (A) or (B) of subsection 
     (a)(1); and
       (C) all instances in which officials of the United States 
     Government hosted officials from, or significantly tied to, 
     an entity described in subparagraph (A) or (B) of subsection 
     (a)(1).
       (3) Deadline and report.--Not later than 1 year after the 
     date on which the Secretary and the National Academy enter 
     into an agreement described in paragraph (1), the National 
     Academy shall--
       (A) complete the review and assessment described in 
     paragraph (2); and
       (B) submit a report containing the results of the review 
     and assessment, which shall be unclassified but, if 
     necessary, may contain a classified annex, to--
       (i) the Secretary; and
       (ii) the appropriate congressional committees.
       (4) Publication.--Not later than 60 days after the date on 
     which the National Academy submits the report under paragraph 
     (3), the Secretary shall make the report publically available 
     in an easily accessible electronic format, with appropriate 
     redactions for information that, in the determination of the 
     Secretary, would be damaging to the national security of the 
     United States if disclosed.
       (c) Definitions.--In this section:
       (1) 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)).
       (2) Nuclear cooperation activities.--The term ``nuclear 
     cooperation activities'' means activities relating to nuclear 
     cooperation.
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