[Page S7293]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4637. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill S. 3454, to authorize appropriations for fiscal year 
2011 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 title XII, add the following:

                       Subtitle D--Other Matters

     SEC. 1251. SENSE OF CONGRESS ON CHINA NUCLEAR COOPERATION 
                   OUTSIDE OF NUCLEAR SUPPLIERS GROUP.

       (a) Findings.--Congress makes the following findings:
       (1) The Nuclear Suppliers Group (NSG) was established in 
     1974 to control the international supply of nuclear 
     materials, facilities, and technology for the purpose of 
     preventing the proliferation of nuclear weapons and the 
     capacity to manufacture them.
       (2) The effectiveness of the Nuclear Suppliers Group relies 
     upon the willingness of its 46 Participating Governments to 
     voluntarily abide by its unanimously adopted guidelines 
     governing nuclear transfers.
       (3) Under these unanimously adopted guidelines, supplier 
     countries may not transfer nuclear materials, facilities, or 
     technology to countries that are not signatories to the 
     Treaty on the Non-Proliferation of Nuclear Weapons, done at 
     Washington, London, and Moscow July 1, 1968, and entered into 
     force March 5, 1970 (commonly known as the ``Nuclear Non-
     Proliferation Treaty'' or ``NPT''), without a unanimous vote 
     by NSG Participating Governments.
       (4) On joining the NSG in 2004, the People's Republic of 
     China agreed to abide by all NSG guidelines.
       (5) If the Government of China proceeds with a project 
     without unanimous approval by the NSG's Participating 
     Governments, it will be in clear violation of its NSG 
     obligations.
       (b) Sense of Congress.--It is the sense of Congress that, 
     if the Government of China engages in nuclear cooperation 
     outside of the scope of what is approved of by the Nuclear 
     Suppliers Group or its guidelines--
       (1) the Secretary of State should work with other NSG 
     countries to have the People's Republic of China removed from 
     the group;
       (2) the Nuclear Regulatory Commission, the Department of 
     Energy, and the Department of Commerce should suspend any and 
     all nuclear cooperation with the People's Republic of China; 
     and
       (3) the Secretary of State should certify--
       (A) whether it remains in the national security interest of 
     the United States that the civilian nuclear cooperation 
     agreement entered into between the United States and the 
     People's Republic of China pursuant to section 123 of the 
     Atomic Energy Act (42 U.S.C. 2153) remain in force; and
       (B) whether the findings of the nonproliferation assessment 
     (NPAS) to Congress accompanying that agreement is still 
     valid.
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