[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Page S2735]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 634. Mr. MARKEY submitted an amendment intended to be proposed by 
him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 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 appropriate place in title XII, insert the 
     following:

     SEC. 12__. COUNTERING SAUDI ARABIA'S PURSUIT OF WEAPONS OF 
                   MASS DESTRUCTION.

       (a) Short Titles.--This section may be cited as the 
     ``Stopping Activities Underpinning Development In Weapons of 
     Mass Destruction Act'' or the ``SAUDI WMD Act''.
       (b) Definitions.--In this section:
       (1) Appropriate committees of congress.--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 Committee on Environment and Public Works of the 
     Senate;
       (D) the Permanent Select Committee on Intelligence of the 
     House of Representatives;
       (E) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (F) the Committee on Energy and Commerce of the House of 
     Representatives.
       (2) Foreign person.--The term ``foreign person'' means--
       (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).
       (3) MTCR.--The term ``MTCR'' means the Missile Technology 
     Control Regime, which was formed in 1987 by the G-7 
     industrialized countries and has since expanded to 35 member 
     countries, including any ``MTCR adherent'' country that, 
     pursuant to an international understanding to which the 
     United States is a party, controls MTCR equipment or 
     technology in accordance with the criteria and standards set 
     forth in the MTCR.
       (4) Saudi arabia.--The term ``Saudi Arabia'' means the 
     Kingdom of Saudi Arabia.
       (c) Determination of Possible MTCR Transfers to Saudi 
     Arabia.--
       (1) In general.--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 such determination 
     detailing--
       (A) whether any foreign person knowingly exported, 
     transferred, or engaged in trade with Saudi Arabia of any 
     item designated under Category I of the MTCR Annex in the 
     previous 5 fiscal years; and
       (B) 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 an item referred to in paragraph (1).
       (2) Waiver.--Notwithstanding paragraphs (3) through (7) of 
     section 11B(b) of the Export Administration Act of 1979 (50 
     U.S.C. 4612(b)), the President may waive the application of 
     sanctions under such subsection with respect to Saudi Arabia 
     only if the President certifies that Saudi Arabia is 
     verifiably determined to no longer possess any item 
     designated under Category I of the MTCR Annex received in the 
     previous 5 fiscal years.
       (3) Form of report.--The determination required under 
     paragraph (1) shall be submitted in unclassified form, with a 
     classified annex.
       (d) Reporting Requirements Relating to Applications for 
     Authorization to Develop or Produce Special Nuclear Material 
     Outside the United States.--Section 57 of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2077) is amended by adding at the end 
     the following:
       ``(f) Reporting Requirements.--
       ``(1) Quarterly reports.--
       ``(A) In general.--Not later than 90 days after the date of 
     the enactment of the SAUDI WMD Act, and every 90 days 
     thereafter, the Secretary of Energy shall submit to the 
     appropriate committees of Congress (as defined in section 
     12__(b) of such Act) a report that describes each 
     authorization involving the Kingdom of Saudi Arabia issued by 
     the Secretary pursuant to subsection (b)(2) during the 90-day 
     period immediately preceding the submission of such report.
       ``(B) Elements.--Each report required under subparagraph 
     (A) shall include--
       ``(i) a summary of each application for an authorization 
     under subsection (b)(2) during the 90-day period immediately 
     preceding the submission of such report, including--

       ``(I) whether the application was accepted or rejected; and
       ``(II) the intended purpose for which the applicant sought 
     the authorization; and

       ``(ii) an annex containing--

       ``(I) each application submitted to the Secretary during 
     such 90-day period; and
       ``(II) each report submitted to the Secretary pursuant to 
     section 810.12 of title 10, Code of Federal Regulations (or 
     any similar regulation or ruling) during such period.

       ``(C) Additional material in initial report.--The first 
     report required to be submitted under subparagraph (A) shall 
     include the matters required under subparagraph (B) for the 
     period beginning on March 25, 2015, and ending on the date of 
     the enactment of the SAUDI WMD Act.
       ``(D) Review by secretary of state.--The Secretary shall 
     submit each report required under this paragraph to the 
     Secretary of State for approval before submitting the report 
     to the chairmen and ranking members of the congressional 
     committees listed under subparagraph (A).
       ``(E) Form.--Each report required under this paragraph 
     shall be submitted in unclassified form, but may include a 
     classified annex.
       ``(2) Submission to congress of applications and certain 
     reports.--Not later than 10 days after receiving from the 
     chairman or ranking member of any of the congressional 
     committees listed in paragraph (1)(A) a request for an 
     application for an authorization under subsection (b)(2) that 
     is pending or has been approved by the Secretary or a report 
     submitted pursuant to section 810.12 of title 10, Code of 
     Federal Regulations (or any corresponding similar regulation 
     or ruling), as the case may be, the Secretary of Energy shall 
     submit to the chairman or ranking member submitting such 
     request, application, or report.''.
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