Sec. 2515. Limitation on nuclear cooperation with the People’s Republic of China
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The President shall not— 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— the Government of the People’s Republic of China; or any company— owned by the Government of the People’s Republic of China; or incorporated under the laws of the People’s Republic of China; or allow any agency of the United States Government to host official visitors at a facility belonging to the agency if those visitors are— officials, corporate officers, or principal shareholders of any entity described in subparagraph
(A)or
(B)of paragraph (1); or individuals subject to undue influence by the individuals described in subparagraph (A). Not later than 60 days after the date of enactment of this division, 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). Under the agreement described in paragraph (1), the National Academy shall— conduct a review of nuclear cooperation during the 25-year period ending on the date of enactment of this division 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 perform an assessment of the implications of the cooperation described in clause
(i)on the national security of the United States. 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 division, including— all trips relating to nuclear cooperation taken by officials of the Department of State to the People’s Republic of China; 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 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). 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— complete the review and assessment described in paragraph (2); and submit a report containing the results of the review and assessment, which shall be unclassified but, if necessary, may contain a classified annex, to— the Secretary; and the appropriate congressional committees. 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. The President may waive the limitation under subsection (a)— to continue ongoing activities with the People’s Republic of China relating to nuclear and radiological counterterrorism, nuclear and radiological counterproliferation, and nuclear and radiological nonproliferation; or if the President determines that such waiver is in the national interests of the United States, provided the Federal Bureau of Investigation certifies prior to such waiver that the persons covered under such waiver— are not subject to undue influence by the Government of the People's Republic of China or the Chinese Communist Party, or by officials of the People's Republic of China or the Chinese Communist Party; and are not engaged in human rights abuses. Subject to receiving appropriate licenses and other authorizations, the President may waive the limitation under subsection
(a)to allow transfers of technology and equipment to address a nuclear or radiological emergency. The President shall notify Congress of any waiver issued under paragraph
(1)or (2). In this section: 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 )). The term nuclear cooperation activities means activities relating to nuclear cooperation. Nothing in this division shall be construed to prohibit— United States commercial activities, provided such activities are consistent with the laws and regulations of the United States; and limited diplomatic engagement or dialogue— including regarding protection of the intellectual property and trade secrets of American persons; and except for any diplomatic engagement or dialogue relating to or aimed at facilitating the transfer of nuclear technology.
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Sec. 2515
Limitation on nuclear cooperation with the People’s Republic of China
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