[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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