,,ii #aadth ,,congress #b;d ,session ,s4 #cjaj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #bf1 #bjaf ,mr4 ,markey 7for himself and ,mr4 ,rubio7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to provide for restrictions related to nuclear cooperation with the ,people's ,republic of ,china1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,u4,s4-,china ,nuclear ,cooperation and ,nonproliferation ,act of #bjaf4 #b4 ,findings ,congress makes the following findings3 7#a7 ,a #bjja report from the ,department of ,defense found that ,china supplied ,pakistan with nuclear material and expertise and has provided critical assistance in the production of ,pakistan's nuclear facilities4 ,china is also alleged to have provided ,pakistan with #ej kilograms of highly enriched uranium1 and designs for a nuclear weapon4 7#b7 ,an unclassified #bjaa report to ,congress from the ,director of ,national ,intelligence found that ,chinese entities continue to supply a variety of missile-related items to multiple customers1 including ,iran and ,pakistan4 ,previous reports from the ,director of ,national ,intelligence have confirmed that ,chinese entities have provided support for the missile program of ,north ,korea4 7#c7 ,china has failed to bring to justice ,li ,fangwei1 also known as ,karl ,lee1 who has been indicted in the ,united ,states on charges of providing sensitive missile technology to ,iran4 ,according to a report from the ,congressional ,research ,service1 concerns persist about ,chinese willingness as well as ability to detect and prevent illicit transfers of dual-use and sensitive nuclear and missile items4 7#d7 ,at a ,may #ab1 #bjae1 hearing1 members of the ,committee on ,foreign ,relations of the ,senate raised concerns that ,china may have diverted reactor cooling pumps produced by ,curtiss-,wright ,corporation to its nuclear submarine program1 bolstering the stealth of its submarines1 and violating the ,previous ,nuclear ,cooperation ,agreement 7as that term is defined in section #c7c774 7#e7 ,china has announced plans to provide ,pakistan with additional nuclear reactors1 beyond those it had already agreed to construct prior to #bjjd1 in violation of its #bjjd commitments to the ,nuclear ,suppliers ,group 7,,nsg74 7#f7 ,five members of the ,chinese ,people's ,liberation ,army have been indicted in the ,united ,states on charges of hacking into the computer networks of ,westinghouse and stealing ,united ,states intellectual property1 including the design of nuclear power plants4 7#g7 ,china has announced plans to export nuclear power plants based on technology acquired from ,westinghouse1 one of ,china's primary commercial partners under its current and previous nuclear cooperation agreements with the ,united ,states4 ,while ,china has committed not to export ,united ,states-origin technology without a marketing license from ,westinghouse1 there is no definition of ,united ,states-origin technology in the ,federal ,register1 complicating ,united ,states enforcement of this provision4 7#h7 ,china ,general ,nuclear ,power ,company1 a state-owned nuclear power provider1 has been indicted in the ,united ,states on charges of unlawfully producing special nuclear material outside the ,united ,states without the authorization of the ,department of ,energy4 7#i7 ,china's plans to reprocess ,united ,states-origin spent fuel raise the risk that ,china could divert plutonium to military purposes1 enabling it to produce additional nuclear weapons that threaten the ,united ,states and its allies4 7#aj7 ,secretary of ,energy ,ernest ,moniz1 in ,beijing on ,march #ag1 #bjaf1 told the ,wall ,street ,journal that the ,united ,states does not support large-scale reprocessing and ,china's plan to proceed with a commercial-scale reprocessing facility certainly isn't a positive in terms of nonproliferation4 7#aa7 ,china's pursuit of commercial plutonium reprocessing will increase the likelihood that ,japan expands its commercial reprocessing program and that ,south ,korea will increase efforts to initiate a similar program of its own4 ,growing stockpiles of plutonium in ,east ,asia increase the chances of military diversion and theft1 raising the risk of nuclear proliferation1 nuclear terrorism1 and interstate nuclear conflict4 ,it is in the interest of the ,united ,states to prevent the stockpiling of plutonium in ,east ,asia4 #c4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations and the ,select ,committee on ,intelligence of the ,senate2 and 7,b7 the ,committee on ,foreign ,affairs and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives4 7#b7 ,china ,the term ,china means the ,people's ,republic of ,china4 7#c7 ,chinese person ,the term ,chinese person means-- 7,a7 an individual who is a citizen or national of the ,people's ,republic of ,china2 or 7,b7 an entity organized under the laws of the ,people's ,republic of ,china or otherwise subject to the jurisdiction of the ,government of the ,people's ,republic of ,china4 7#d7 ,previous nuclear cooperation agreement ,the term ,previous ,nuclear ,cooperation ,agreement means the ,agreement for ,cooperation ,between the ,government of the ,united ,states of ,america and the ,government of the ,people's ,republic of ,china ,concerning ,peaceful ,uses of ,nuclear ,energy1 concluded ,july #bc1 #aihe4 7#e7 ,united states ,the term ,united ,states means the several ,states1 the ,district of ,columbia1 and any territory or possession of the ,united ,states4 7#f7 ,united states person ,the term ,united ,states person means any ,united ,states citizen1 any alien admitted to the ,united ,states for permanent residence1 any entity organized under the laws of the ,united ,states or any jurisdiction within the ,united ,states1 including a foreign branch of such an entity4 7#g7 ,united ,states-,china nuclear cooperation agreement ,the term ,united ,states-,china ,nuclear ,cooperation ,agreement means the ,agreement for ,cooperation ,between the ,united ,states and the ,government of the ,people's ,republic of ,china that was submitted to the appropriate congressional committees under section #abc of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #baec7 on ,april #ba1 #bjae1 and which entered into force on ,october #bi1 #bjae4 #d4 ,notice regarding transfers of nuclear technology to ,china ,the ,secretary of ,energy shall1 not later than #e days after receiving an application for the proposed transfer of nuclear technology to ,china under section #eg;b4 of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bjgg7;b771 including an application for specific authorization to be provided for in a subsequent arrangement under section #aca of that ,act 7#db ,u4,s4,c4 #bafj71 notify the appropriate congressional committees of the receipt of such application4 ,the notice shall describe with particularity the items contained in the proposed transfer of nuclear technology4 #e4 ,additional requirement for approval of retransfers of ,united ,states-origin technology 7a7 ,in general ,any request for authorization to transfer ,united ,states-origin technology 7as defined pursuant to subsection 7b77 from ,china1 or with the significant participation of ,chinese persons not located in the ,united ,states1 to a country other than the ,united ,states or ,china1 shall be subject to the authorization requirements in section #eg;b4 of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bjgg7;b774 ,furthermore1 such requests for authorization shall be denied unless the applicant can demonstrate-- 7#a7 significant ongoing participation by ,united ,states persons in the transfer2 7#b7 in the case of nuclear reactors and reactor components1 significant ,united ,states content involved in1 or attendant to1 the proposed transfer2 and 7#c7 in the case of the transfer of technology developed with the participation of the ,united ,states ,government1 timely and adequate reimbursement of the ,united ,states ,government for any grants or loans provided by the ,united ,states ,government to entities involved in the development of the technology4 7b7 ,definition of united states-,origin technology ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,energy shall issue a definition of items covered by the term ,united ,states-origin technology in subsection 7a71 including items derived from such technology4 ,the term shall include items developed by ,united ,states persons or persons subject to the jurisdiction of the ,united ,states1 and items developed with the participation of the ,united ,states ,government1 including large1 passive light water reactors4 #f4 ,statement of policy on ,china-,pakistan nuclear cooperation ,it is the policy of the ,united ,states-- 7#a7 to oppose the provision by ,china of assistance in the construction of any nuclear reactor in ,pakistan other than the first #b reactors constructed at ,chasma1 which were consistent with the conditions concerning ,china's participation in the ,nuclear ,suppliers ,group2 and 7#b7 to assist ,pakistan with the acquisition and development of sufficient electrical power to meet its domestic requirements for electrical power through means other than nuclear power4 #g4 ,additional notification requirements 7a7 ,determination required ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter1 the ,president1 in consultation with the ,secretary of ,state1 the ,secretary of ,energy1 the ,secretary of ,defense1 and the ,director of ,national ,intelligence1 shall determine whether the ,government of ,china1 persons acting on behalf of the ,government of ,china1 or ,chinese persons have1 since the entry into force of the ,united ,states-,china ,nuclear ,cooperation ,agreement-- 7#a7 retransferred any ,united ,states nuclear items to a third country without the permission of the ,united ,states ,government2 7#b7 diverted or attempted to divert ,united ,states nuclear items to military use2 7#c7 stolen or attempted to steal ,united ,states nuclear items2 7#d7 failed to undertake measures necessary to prevent transfers of goods1 services1 and technology described in section #b7;a7 of the ,iran1 ,north ,korea1 and ,syria ,nonproliferation ,act 7,public ,law #ajf-agh2 #ej ,u4,s4,c4 #agja note71 or to make substantial progress in preventing such transfers2 7#e7 failed to undertake measures to enforce the sanctions provided for in ,united ,nations ,security ,council ,resolution #bbgj1 adopted on ,march #b1 #bjaf1 and previous relevant resolutions recalled in ,resolution #bbgj2 7#f7 refused to adhere to the ,nuclear ,suppliers ,group guidelines regarding the export of any new civilian nuclear reactors1 regardless of any prior or future contract obligations2 or 7#g7 otherwise violated the terms and conditions of the ,united ,states-,china ,nuclear ,cooperation ,agreement1 or any authorization issued by the ,united ,states ,government concerning transfers of ,united ,states nuclear items4 7b7 ,suspension of cooperation ,if the ,president makes a determination described in subsection 7a71 the ,president shall immediately suspend all cooperation under the ,united ,states-,china ,nuclear ,cooperation ,agreement1 including any transfers of nuclear technology or materials1 until the ,president submits to the appropriate congressional committees-- 7#a7 a plan of corrective action to-- 7,a7 address the activity described in subsection 7a72 7,b7 mitigate any damage to the national security of the ,united ,states because of such activity2 and 7,c7 prevent further such activity2 and 7#b7 a certification to the appropriate congressional committees that the plan described in paragraph 7#a7 is being implemented4 7c7 ,definition ,in this section1 the term ,united ,states nuclear items means any items that are transferred to ,china under-- 7#a7 the ,united ,states-,china ,nuclear ,cooperation ,agreement2 7#b7 section #eg;b4 of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bjgg7;b772 or 7#c7 part #aaj of title #aj1 ,code of ,federal ,regulations4 #h4 ,implementation of agreed minute ,the ,president may not bring into effect the procedures described in the section of the ,agreed ,minute to the ,united ,states-,china ,nuclear ,cooperation ,agreement that appear under the heading ,technology and ,information ,exchanges unless the ,president1 at least #fj days of continuous session of ,congress before those procedures become effective-- 7#a7 provides to the appropriate congressional committees the details concerning the implementation of those provisions2 and 7#b7 certifies to the appropriate congressional committees that those procedures protect the national security of the ,united ,states to an extent that is equal to or greater than those procedures provided for under part #haj of title #aj1 ,code of ,federal ,regulations4 #i4 ,reprocessing under the ,united ,states-,china ,nuclear ,cooperation ,agreement 7a7 ,sense of ,congress ,it is the sense of ,congress that the ,united ,states should encourage countries in ,east ,asia to forgo the commencement of new spent fuel reprocessing activities1 as part of a mutual effort to prevent the increased or expanded stockpiling of separated plutonium in the region4 7b7 ,implementation of reprocessing consent rights under agreement ,the ,president shall not agree to the reprocessing1 recycling1 or other alteration in form or content of nuclear material1 as described in ,article #f4b of the ,united ,states-,china ,nuclear ,cooperation ,agreement1 at any individual facility to which the ,international ,atomic ,energy ,agency 7,,iaea7 safeguards are not applied1 unless1 for each proposed facility at which such activity will take place1 the ,president certifies to the appropriate congressional committees that-- 7#a7 the ,president has made a formal request to the ,,iaea to apply safeguards to the facility2 7#b7 the ,,iaea has refused the request described in paragraph 7#a72 and 7#c7 the arrangements and procedures under which such reprocessing1 recycling1 or other alteration in form or content will occur-- 7,a7 include a requirement that nuclear material transferred pursuant to the ,united ,states-,china ,nuclear ,cooperation ,agreement and nuclear material used in or produced through the use of such material-- 7i7 not be commingled with any other nuclear material2 7ii7 be clearly marked as ,united ,states-obligated nuclear material2 7iii7 be stored in separate facilities from any other nuclear material2 and 7iv7 be available for inspection immediately and without prior notice upon request by the ,,iaea or either party to the agreement2 and 7,b7 are sufficient to detect in a timely manner-- 7i7 the diversion for military purposes of nuclear material transferred pursuant to the ,united ,states-,china ,nuclear ,cooperation ,agreement and nuclear material used in or produced through the use of such material2 and 7ii7 the transfer to facilities or locations not agreed to by the ,united ,states of nuclear material transferred pursuant to the ,united ,states-,china ,nuclear ,cooperation ,agreement and nuclear material used in or produced through the use of such material4 7c7 ,notification required ,if the ,president issues a certification described in subsection 7b71 the ,president shall include with that certification a detailed description of-- 7#a7 the facility at which the reprocessing1 recycling1 or other alteration in form and content will take place2 7#b7 the safeguards applied to the facility2 7#c7 the measures that will be undertaken to secure and prevent the theft or diversion to military purposes of any separated plutonium that will result from the activities at the facility2 7#d7 the amounts of materials to be processed at the facility2 7#e7 the amount of processed fissile material that might be stockpiled as a result of the activities at the facility1 and the estimated time that it may be stockpiled prior to its civilian use in a nuclear reactor2 and 7#f7 the risks to ,united ,states national security posed by the potential diversion of nuclear material at the facility4 #aj4 ,reports 7a7 ,initial report 7#a7 ,in general ,no later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,state1 with the concurrence of the ,director of ,national ,intelligence1 shall submit to the appropriate congressional committees a report on ,china's history of compliance with the peaceful use and non-proliferation provisions of the ,previous ,nuclear ,cooperation ,agreement4 7#b7 ,elements ,the report required under paragraph 7#a7 shall include-- 7,a7 a detailed examination of every suspected or alleged violation of such previous agreement2 7,b7 the response by ,china to any inquiries by the ,united ,states regarding any such suspected or alleged violations of the previous agreement2 7,c7 an assessment of the likelihood of future violations under the terms of the ,united ,states-,china ,nuclear ,cooperation ,agreement2 and 7,d7 an assessment of the potential advantages that a large civil nuclear infrastructure or program may provide the ,people's ,republic of ,china as it seeks to meet its future nuclear weapons requirements4 7b7 ,annual intelligence report 7#a7 ,in general ,not later than ,april #ae1 #bjag1 and annually thereafter1 the ,director of ,national ,intelligence shall submit to the appropriate congressional committees a report on the status of the ,united ,states-,china ,nuclear ,cooperation ,agreement and compliance by ,china with the agreement4 7#b7 ,elements ,the report required under paragraph 7#a7 shall include1 at a minimum-- 7,a7 a detailed examination of every suspected or alleged violation of the ,agreement by the ,people's ,republic of ,china that may have occurred during the prior calendar year2 7,b7 the response by ,china to any inquiries by the ,united ,states regarding any such suspected or alleged violations2 7,c7 an accounting of the specific roles played in the civil and military nuclear programs of the ,people's ,republic of ,china by all ,chinese persons visiting ,united ,states nuclear labs and facilities2 7,d7 an assessment of whether the ,people's ,republic of ,china or any entity acting on its behalf has targeted and ,united ,states nuclear-related private-sector or governmental entities1 enterprises1 or assets for any form of cyber trespass1 theft1 or attack1 or has taken specific actions pursuant to such targeting by any entity2 7,e7 an assessment of the risks of diversion of special nuclear material transferred pursuant to this ,agreement1 the likely consequences of such diversion1 and steps taken to avert any potential diversion2 7,f7 an assessment of the potential military utility of diverted civil nuclear technology2 7,g7 an assessment of any civil and criminal law enforcement actions taken by the ,people's ,republic of ,china's against any entities or individuals within its government or its jurisdiction that have-- 7i7 violated non-proliferation or peaceful use requirements of this or any other bilateral or multilateral nuclear agreement to which ,people's ,republic of ,china is a party2 7ii7 committed cyber trespass1 theft1 or attack on any ,united ,states nuclear-related private sector or governmental entities1 enterprises1 or assets2 or 7iii7 conducted cyber trespass or cyber exploitation against any private sector nuclear entities1 enterprises1 or assets for commercial gain2 and 7,h7 a description of the extent to which the ,government of the ,people's ,republic of ,china has honored ,united ,states requests for enforcement of ,united ,states legal action against any entities or individuals described in subparagraph 7,g71 including requests for extradition by the ,united ,states4 7c7 ,form ,the reports required under subsections 7a7 and 7b7 may be submitted in classified form1 but shall also contain an unclassified executive summary and may contain an unclassified annex4 7d7 ,annual exports report ,not later than ,april #ae1 #bjag1 and annually thereafter1 the ,president shall submit to the appropriate congressional committees a report that-- 7#a7 identifies all export licenses issued in the previous calendar year pursuant to the ,united ,states-,china ,nuclear ,cooperation ,agreement1 including at a minimum1 the license applicant1 proposed end user1 items licensed1 value1 and term of the license2 and 7#b7 assesses ,china's progress in strengthening1 implementing1 and enforcing laws to ensure restricted dual-use technology is not transferred to countries of proliferation concern4