,,ii  #aafth ,,congress  #b;d ,session  
,s4 #didf  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,december #b1  
#bjbj,mr4 ,markey 7for himself and ,mr4 
,merkley7 introduced the following bill2
 which was read twice and referred to   
the ,committee on ,foreign ,relations   
,a ,,bill  ,to counter ,saudi ,arabia's 
possible pursuit of weapons of mass     
destruction1 and for other purposes4    
#a4 ,short title ,this ,act may be cited
 as the ,stopping ,activities           
,underpinning ,development ,in ,weapons 
of ,mass ,destruction ,act or the       
,,saudi ,,wmd ,act4  #b4 ,findings      
,congress makes the following findings3 
7#a7 ,the ,people's ,republic of ,china 
7in this ,act referred to as ,china71   
became a full-participant of the        
,nuclear ,suppliers ,group in #bjjd1    
committing it to apply a strong         
presumption of denial in exporting      
nuclear-related items that a foreign    
country could divert to a nuclear       
weapons program4  7#b7 ,china also      

committed to the ,united ,states1 in    
,november #bjjj1 to abide by the        
foundational principles of the #aihg    
,missile ,technology ,control ,regime   
7,,mtcr7 to not assist1 in any way1 any 
country in the development of ballistic 
missiles that can be used to deliver    
nuclear weapons 7i4e41 missiles capable 
of delivering a payload of at least #ejj
 kilograms to a distance of at least    
#cjj kilometers74  7#c7 ,in the #aihjs1 
,china secretly sold the ,kingdom of    
,saudi ,arabia 7in this ,act referred to
 as ,saudi ,arabia7 conventionally armed
 ,,df-#c;,a ballistic missiles1 and in  
#bjjg1 reportedly sold ,saudi ,arabia   
dual-use capable ,,df-#ba medium-range  
ballistic missiles of a #cjj kilometer1 
#ejj-kilogram range and payload         
threshold which should have triggered a 
denial of sale under the ,,mtcr4  7#d7  
,the #bjbj ,department of ,state ,report
 on the ,adherence to and ,compliance   
with ,arms ,control1 ,nonproliferation1 
and ,disarmament ,agreements and        

,commitments found that ,china continued
 to supply ,,mtcr-controlled goods to   
missile programs of proliferation       
concern in #bjai and that the ,united   
,states imposed sanctions on nine       
,chinese entities for covered missile   
transfers to ,iran4  7#e7 ,a ,june #e1  
#bjai1 press report indicated that      
,china allegedly provided assistance to 
,saudi ,arabia in the development of a  
ballistic missile facility1 which if    
confirmed1 would violate the purpose of 
the ,,mtcr and run contrary to the      
longstanding ,united ,states policy     
priority to prevent weapons of mass     
destruction proliferation in the ,middle
 ,east4  7#f7 ,the ,arms ,export and    
,control ,act of #aigf 7,public ,law    
#ic-cbi7 requires the ,president to     
sanction any foreign person or          
government who knowingly exports1       
transfers1 or otherwise engages in the  
trade of any ,,mtcr equipment or        
technology to a country that does not   
adhere to the ,,mtcr4  7#g7 ,china      

concluded two nuclear cooperation       
agreements with ,saudi ,arabia in #bjab 
and #bjag1 respectively1 which may      
facilitate ,china's bid to build two    
reactors in ,saudi ,arabia to generate  
#b4i ,gigawatt-electric 7,g,we7 of      
electricity4  7#h7 ,on ,august #d1      
#bjbj1 a press report revealed the      
alleged existence of a previously       
undisclosed uranium yellowcake          
extraction facility in ,saudi ,arabia   
allegedly constructed with the          
assistance of ,china1 which if          
confirmed1 would indicate significant   
progress by ,saudi ,arabia in developing
 the early stages of the nuclear fuel   
cycle that precede uranium enrichment4  
7#i7 ,saudi ,arabia's outdated ,small   
,quantities ,protocol and its lack of an
 in force ,additional ,protocol to its  
,international ,atomic ,energy ,agency  
7,,iaea7 ,comprehensive ,safeguards     
,agreement severely curtails ,,iaea     
inspections1 which has led the ,agency  
to call upon ,saudi ,arabia to either   

rescind or update its ,small ,quantities
 ,protocol4  7#aj7 ,in ,may #bd1 #bjah1 
testimony before the ,committee on      
,foreign ,relations of the ,senate1     
,secretary of ,state ,mike ,pompeo said 
that the ,united ,states would insist   
upon the gold standard in any bilateral 
civilian nuclear cooperation #abc       
agreement with ,saudi ,arabia--no       
in-country enrichment of uranium or     
reprocessing of plutonium--a standard   
the ,united ,states achieved with the   
,united ,arab ,emirates in their own    
,may #bjji bilateral #abc agreement4    
7#aa7 ,on ,march #ae1 #bjah1 the ,crown 
,prince of ,saudi ,arabia1 ,mohammad    
bin-,salman1 stated that if ,iran       
developed a nuclear bomb1 we would      
follow suit as soon as possible1 raising
 questions about whether a ,saudi       
,arabian nuclear program would remain   
exclusively peaceful1 particularly in   
the absence of robust international     
,,iaea safeguards4  7#ab7 ,an ,august   
#i1 #bjai1 study by the ,united ,nations

 ,high ,commissioner for ,human ,rights 
found that the ,saudi ,arabia-led       
military coalition airstrikes in ,yemen 
and its restrictions on the flow of     
humanitarian assistance to the country1 
both of which have disproportionately   
impacted civilians1 may be violations of
 international humanitarian law4  #c4   
,determination of possible ,,mtcr       
transfers to ,saudi ,arabia  7a7 ,,mtcr 
transfers ,not later than #cj days after
 the date of the enactment of this ,act1
 the ,president shall submit to the     
appropriate committees of ,congress a   
written determination1 and any          
documentation to support that           
determination detailing-- 7#a7 whether  
any foreign person knowingly exported1  
transferred1 or engaged in trade of any 
item designated under ,category ,i of   
the ,,mtcr ,annex item with ,saudi      
,arabia in the previous three fiscal    
years2 and  7#b7 the sanctions the      
,president has imposed or intends to    
impose pursuant to section #aa;,b7b7 of 

the ,export ,administration ,act of     
#aigi 7#ej ,u4,s4,c4 #dfab7;b77 against 
any foreign person who knowingly engaged
 in the export1 transfer1 or trade of   
that item or items4  7b7 ,waiver        
,notwithstanding any provision of       
paragraphs 7#c7 through 7#g7 of section 
#aa7;,b77b7 of the ,export              
,administration ,act of #aigi 7#ej      
,u4,s4,c4 #dfab7;b771 the ,president may
 only waive the application of sanctions
 under such section with respect to     
,saudi ,arabia if that country is       
verifiably determined to no longer      
possess an item designated under        
,category ,i of the ,,mtcr ,annex       
received in the previous three fiscal   
years4  7c7 ,form of report ,the        
determination required under subsection 
7a7 shall be unclassified with a        
classified annex4  #d4 ,prohibition on  
,united ,states arms sales to ,saudi    
,arabia if it imports nuclear technology
 without safeguards  7a7 ,in general    
,the ,united ,states shall not sell1    

transfer1 or authorize licenses for     
export of any item designated under     
,category ,,iii1 ,,iv1 ,,vii1 or ,,viii 
on the ,united ,states ,munitions ,list 
pursuant to section #ch7;a77#a7 of the  
,arms ,export ,control ,act 7#bb        
,u4,s4,c4 #bggh7;a77#a77 to ,saudi      
,arabia1 other than ground-based missile
 defense systems1 if ,saudi ,arabia has1
 in the previous #c fiscal years-- 7#a7 
knowingly imported any item classified  
as plants for the separation of isotopes
 of uranium or plants for the           
reprocessing of irradiated nuclear      
reactor fuel elements under ,part #aaj  
of the ,nuclear ,regulatory ,commission 
export licensing authority2 or  7#b7    
engaged in nuclear cooperation related  
to 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 force4  7b7 ,waiver    
,the ,secretary of ,state may waive the 

prohibition under subsection 7a7 with   
respect to a foreign country if the     
,secretary submits to the appropriate   
committees of ,congress a written       
certification that contains a           
determination1 and any relevant         
documentation on which the determination
 is based1 that ,saudi ,arabia-- 7#a7   
has brought into force an ,additional   
,protocol to the ,,iaea ,comprehensive  
,safeguards ,agreement based on the     
model described in ,,iaea               
,,infcirc_/#edj2  7#b7 has concluded a  
civilian nuclear cooperation agreement  
with the ,united ,states under section  
#abc of the ,atomic ,energy ,act of     
#aied 7#db ,u4,s4,c4 #baec7 or another  
supplier that prohibits the enrichment  
of uranium or separation of plutonium on
 its own territory2 and  7#c7 has       
rescinded its ,small ,quantities        
,protocol and is not found by the ,,iaea
 ,board of ,governors to be in          
noncompliance with its ,comprehensive   
,safeguards ,agreement4  7c7 ,rule of   

construction ,nothing in this ,act shall
 be construed as superseding the        
obligation of the ,president under      
section #ejb;,b7a77#b7 or section       
#fbj;,i7a7 of the ,foreign ,assistance  
,act of #aifa 7#bb ,u4,s4,c4            
#bcjd7;a77#b71 #bb ,u4,s4,c4            
#bcgh-a7;a771 respectively1 to not      
furnish security assistance to ,saudi   
,arabia or any country if it-- 7#a7     
engages in a consistent pattern of gross
 violations of internationally          
recognized human rights2 or  7#b7       
prohibits or otherwise restricts1       
directly or indirectly1 the transport or
 delivery of ,united ,states            
humanitarian assistance4  #e4 ,middle   
,east nonproliferation strategy  7a7 ,in
 general ,not later than #fj days after 
the date of the enactment of this ,act1 
and annually thereafter1 the ,secretary 
of ,state and the ,secretary of ,energy1
 in consultation with the ,director of  
,national ,intelligence1 shall provide  
the appropriate committees of ,congress1

 as an appendix to the ,report on the   
,adherence to and ,compliance with ,arms
 ,control1 ,nonproliferation1 and       
,disarmament ,agreements and            
,commitments1 a report on ,,mtcr        
compliance and the ,united ,states      
,middle ,east nonproliferation strategy4
  7b7 ,elements ,the report required    
under subsection 7a7 shall include the  
following elements3 7#a7 ,an assessment 
of ,china's compliance1 in the previous 
fiscal year1 with its ,november #bjjj   
commitment to abide by the ,,mtcr and   
,united ,states diplomatic efforts to   
address non-compliance4  7#b7 ,a        
description of every foreign person     
that1 in the previous fiscal year1      
engaged in the export1 transfer1 or     
trade of ,,mtcr items to a country that 
is a non-,,mtcr adherent1 and a         
description of the sanctions the        
,president imposed pursuant to section  
#aa;,b7b7 of the ,export ,administration
 ,act of #aigi 7#ej ,u4,s4,c4           
#dfab7;b774  7#c7 ,a detailed strategy  

to prevent the proliferation of         
ballistic missile and sensitive nuclear 
technology in the ,middle ,east and     
,north ,africa from ,china and other    
foreign countries1 including the        
following elements3 7,a7 ,an assessment 
of the proliferation risks associated   
with concluding or renewing a civilian  
nuclear cooperation #abc agreement with 
any country in the ,middle-,east and    
,north ,africa and the risks of such if 
that same equipment and technology is   
sourced from a foreign state4  7,b7 ,an 
update on ,united ,states bilateral and 
multilateral diplomatic actions to      
commence negotiations on a ,weapons of  
,mass ,destruction ,free ,zone 7,,wmdfz7
 since the #bjae ,nuclear               
,nonproliferation ,treaty ,review       
,conference4  7,c7 ,a description of    
,united ,states ,government efforts to  
achieve global adherence and compliance 
with the ,nuclear ,suppliers ,group1    
,,mtcr1 and the #bjjb ,international    
,code of ,conduct against ,ballistic    

,missile ,proliferation guidelines4     
7#d7 ,an account of the briefings to the
 appropriate committees of ,congress in 
the reporting period detailing          
negotiations on any new or renewed      
civilian nuclear cooperation #abc       
agreement with any country consistent   
with the intent of the ,atomic ,energy  
,act of #aied 7#db ,u4,s4,c4 #bjaa et   
seq474  7c7 ,form of report ,the report 
required under subsection 7a7 shall be  
unclassified with a classified annex4   
#f4 ,definitions ,in this ,act3 7#a7    
,appropriate committees of ,congress    
,the term appropriate committees of     
,congress means-- 7,a7 the ,select      
,committee on ,intelligence of the      
,senate2  7,b7 the ,committee on        
,foreign ,relations of the ,senate2     
7,c7 the ,select ,committee on          
,intelligence of the ,house of          
,representative2 and  7,d7 the          
,committee on ,foreign ,affairs of the  
,house of ,representatives4  7#b7       
,foreign person2 person ,the terms      

foreign person and person mean-- 7,a7 a 
natural person that is an alien2  7,b7 a
 corporation1 business association1     
partnership1 society1 trust1 or any     
other nongovernmental entity1           
organization1 or group1 that is         
organized under the laws of a foreign   
country or has its principal place of   
business in a foreign country2  7,c7 any
 foreign governmental entity operating  
as a business enterprise2 and  7,d7 any 
successor1 subunit1 or subsidiary of any
 entity described in subparagraph 7,b7  
or 7,c74  7#c7 ,middle ,east and ,north 
,africa ,the term ,middle ,east and     
,north ,africa means those countries    
that are included in the ,area of       
,responsibility of the ,assistant       
,secretary of ,state for ,near ,eastern 
,affairs4