[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 102 Introduced in Senate (IS)]
104th CONGRESS
1st Session
S. 102
To amend the Nuclear Non-Proliferation Act of 1978 and the Atomic
Energy Act of 1954 to improve the organization and management of United
States nuclear export controls, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 4, 1995
Mr. Glenn introduced the following bill; which was read twice and
referred to the Committee on Governmental Affairs
_______________________________________________________________________
A BILL
To amend the Nuclear Non-Proliferation Act of 1978 and the Atomic
Energy Act of 1954 to improve the organization and management of United
States nuclear export controls, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Export Reorganization Act of
1995''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
Sec. 4. Findings and Policy.
TITLE I--AMENDMENTS TO THE NUCLEAR NON-PROLIFERATION ACT OF 1978
Sec. 101. Export controls over nuclear dual-use items.
Sec. 102. Non-nuclear energy resources.
TITLE II--INITIATIVES TO STRENGTHEN COMPLIANCE
Sec. 201. Fair market initiative.
Sec. 202. Measures to improve the licensing process.
TITLE III--AMENDMENTS TO THE ATOMIC ENERGY ACT OF 1954
Sec. 301. Subsequent arrangements.
Sec. 302. Cooperation with other nations.
Sec. 303. Prohibition on foreign production of special nuclear
material.
Sec. 304. Prohibition on nuclear exports.
Sec. 305. Control of component parts.
TITLE IV--REVIEW OF PLUTONIUM USE POLICY
Sec. 401. Findings and declarations.
Sec. 402. Report.
TITLE V--REPEAL
Sec. 501. Repeal of termination of provisions of the Nuclear
Proliferation Prevention Act of 1994.
SEC. 3. DEFINITIONS.
For purposes of this Act--
(1) the term ``direct-use material'' means nuclear material
that can be used for the manufacture of nuclear explosive
components without transmutation or further enrichment, such as
plutonium containing less than 80 percent plutonium-238,
uranium enriched to 20 percent uranium-235 or more, uranium-
233, and chemical compounds, mixtures of direct-use materials
(including mixed oxide reactor fuel), and plutonium contained
in spent nuclear fuel;
(2) the term ``goods or technology'' means nuclear
materials and equipment and sensitive nuclear technology (as
such terms are defined in section 4 of the Nuclear Non-
Proliferation Act of 1978), all export items designated
pursuant to section 309(c) of the Nuclear Non-Proliferation Act
of 1978, and all technical assistance requiring authorization
under section 57b. of the Atomic Energy Act of 1954;
(3) the term ``highly enriched uranium'' means uranium
enriched to 20 percent or more in the isotope U-235;
(4) the term ``IAEA'' means the International Atomic Energy
Agency;
(5) the term ``IAEA safeguards'' means the safeguards set
forth in an agreement between a country and the International
Atomic Energy Agency, as authorized by Article III(A)(5) of the
Statute of the International Atomic Energy Agency;
(6) the term ``near real time material accountancy'' means
a method of accounting for the location, quantity, and
disposition of special fissionable material at facilities that
store or process such material, in which verification of
peaceful use is continuously achieved by means of frequent
physical inventories and the use of in-process instrumentation;
(7) the term ``non-nuclear-weapon state'' means any country
which is not a nuclear-weapon state, as defined by Article
IX(3) of the Treaty on the Non-Proliferation of Nuclear
Weapons, signed at Washington, London, and Moscow on July 1,
1968;
(8) the term ``nuclear dual-use items'' means all goods and
technologies whose export from the United States is controlled
pursuant to sections 309(c) and 311 of the Nuclear Non-
Proliferation Act of 1978.
(9) the term ``nuclear explosive device'' means any device,
whether assembled or disassembled, that is designed to release
in one microsecond or less an amount of nuclear energy from
special nuclear material that is greater than the amount of
energy that would be released from the detonation of one pound
of trinitrotoluene (TNT);
(10) the term ``special fissionable material'', as used in
title III of this Act, has the meaning given that term by
Article XX(1) of the Statute of the International Atomic Energy
Agency, done at the Headquarters of the United Nations on
October 26, 1956;
(11) the term ``special nuclear material'' has the meaning
given that term in section 11 aa. of the Atomic Energy Act of
1954 (42 U.S.C. 2014aa);
(12) the term ``Treaty'' means the Treaty on the Non-
Proliferation of Nuclear Weapons, signed at Washington, London,
and Moscow on July 1, 1968; and
(13) the term ``unsafeguarded special nuclear material''
means special nuclear material which is held in violation of
IAEA safeguards or is not subject to IAEA safeguards, and does
not include any quantity of material that could, if it were
exported from the United States, be exported under a general
license issued by the Nuclear Regulatory Commission.
SEC. 4. FINDINGS AND POLICY.
(a) Findings.--The Congress finds that--
(1) the proliferation of nuclear explosive devices poses a
serious and growing threat to the national security of the
United States;
(2) any effective response to this threat should include
measures to curb both the demand for and the supply of goods
and technology to acquire such devices;
(3) non-nuclear-weapon states with clandestine programs for
the manufacture of nuclear explosive devices continue to seek
foreign sources of goods and technologies that are important to
the success of such programs;
(4) export controls, especially when coordinated
internationally, inhibit such programs by adding to the costs
of acquiring alternative sources of restricted goods and
technologies and by delaying the implementation of such
programs;
(5) the implementation of export controls generates
information that is useful in assessing the efforts by
importing nations to acquire capabilities to develop or produce
such devices and that provides an early warning of illicit
foreign procurement patterns;
(6) a renewed effort is needed to improve controls over
nuclear dual-use items; and
(7) the economy and effectiveness of the executive branch
of Government, and the effectiveness of congressional
oversight, require the reorganization and centralization of
certain export licensing functions of the Government in a
single agency to which all persons and commercial interests
seeking to engage in foreign commerce may apply.
(b) Policy.--It is the policy of the United States--
(1) to restrict the export or reexport of goods or
technology that would be contrary to the objectives of the
United States with respect to the nonproliferation of nuclear
explosive devices;
(2) to strengthen sanctions against illicit suppliers of
nuclear goods or technology;
(3) to ensure that significant national security interests
will prevail over commercial considerations in the event of any
conflict in the nuclear export licensing process between these
national objectives;
(4) to cooperate with other nations to develop multilateral
measures to halt the global proliferation of nuclear explosive
devices;
(5) to encourage individuals and companies to develop
voluntary measures to ensure that goods or technology will not
be exported that would promote the global proliferation of
nuclear explosive devices;
(6) to ensure greater openness and accountability in the
nuclear export licensing process; and
(7) to undertake reforms devoted to improving the
efficiency and effectiveness of the nuclear export licensing
process.
TITLE I--AMENDMENTS TO THE NUCLEAR NON-PROLIFERATION ACT OF 1978
SEC. 101. EXPORT CONTROLS OVER NUCLEAR DUAL-USE ITEMS.
(a) Amendment to the National Security Act of 1947.--Section 101 of
the National Security Act of 1947 (50 U.S.C. 402) is amended by adding
at the end thereof the following new subsection:
``(h)(1) The President shall establish within the National Security
Council a `Subgroup on Nuclear Export Coordination'. The principal
function of the Subgroup shall be to implement the export controls
required by sections 309(c) and 311 of the Nuclear Non-Proliferation
Act of 1978 (Public Law 95-242).
``(2) There are authorized to be appropriated to the Subgroup such
sums as may be necessary to carry out the functions of the Subgroup
under title III of the Nuclear Non-Proliferation Act of 1978.''.
(b) Amendment to the Nuclear Non-Proliferation Act of 1978.--Title
III of the Nuclear Non-Proliferation Act of 1978 is amended by adding
at the end thereof the following new sections:
``SEC. 310. SUBGROUP ON NUCLEAR EXPORT COORDINATION.
``(a) Composition of the Subgroup.--(1) The Subgroup on Nuclear
Export Coordination (hereafter in this title referred to as the
`Subgroup'), established in section 101(h) of the National Security Act
of 1947, shall be composed of six members who shall be Government
officials having expertise in the control of exports and the non-
proliferation of nuclear explosive devices. Each such member shall be
designated by the head of one of the following United States agencies
from among officials of that agency, with no agency represented by more
than one member:
``(A) The Department of State.
``(B) The Department of Defense.
``(C) The Department of Energy.
``(D) The Department of Commerce.
``(E) The Arms Control and Disarmament Agency.
``(F) The Nuclear Regulatory Commission.
``(2) The representative of the Arms Control and Disarmament Agency
shall serve as Chairman of the Subgroup.
``(3) Upon request of the Chairman of the Subgroup, other
departments and agencies of the United States, including elements of
the intelligence community, the Department of Treasury, the United
States Customs Service, and the Federal Bureau of Investigation, shall
detail personnel to the Subgroup for the performance of duties on a
temporary basis.
``(b) Functions.--The Subgroup shall--
``(1) serve as a forum for identifying and expressing the
views of the constituent agencies with respect to--
``(A) the proliferation risks associated with the
export of nuclear dual-use items;
``(B) possible international initiatives to
strengthen the global administration and enforcement of
controls over the export of such items; and
``(C) recommendations to the President on
regulatory and legislative measures to improve the
efficiency or effectiveness of export controls over
such items, including the verification of peaceful end-
uses and the design and execution of improved post-
export verification measures;
``(2) review applications for the export of nuclear dual-
use items in accordance with sections 309(c) and 311;
``(3) designate the items for inclusion on the Nuclear
Referral List established under section 311(a) and shall
determine their description and technical specifications;
``(4) monitor and facilitate the interagency process with
respect to the nuclear export licensing activities described in
this Act or in the Atomic Energy Act of 1954, and in
regulations issued pursuant to such Acts; and
``(5) undertake investigations and make recommendations in
accordance with section 201 of the Nuclear Export
Reorganization Act of 1995.
``(c) Access to Export Licensing Information.--Notwithstanding any
other provision of law--
``(1) the members of the Subgroup shall have full, timely,
and equal access to information contained in applications for
the export from the United States, or the reexport from any
other country, of any nuclear dual-use item;
``(2) the Secretary of Commerce shall, upon request by any
member of the Subgroup, provide that member with information
contained in applications for licenses to export any other item
from the United States, if that member requests such
information for purposes relating to the objectives of this
Act; and
``(3) the Secretary of Commerce shall, within six months
after the issuance of a license to export any nuclear dual-use
item from the United States, open to the public for examination
and inspection all nonproprietary data pertaining to such
license, including--
``(A) the commodity description,
``(B) the country destination,
``(C) the end-use and end-user,
``(D) the quantity,
``(E) the date of approval, and
``(F) the date and method of shipment,
if no names of persons or companies and no dollar values of
commodities in individual licenses are included among this
data.
``(d) Export Control Bulletin.--(1) The Chairman of the Subgroup
shall, in consultation with the Subgroup, establish and publish an
export control bulletin on issues relating to the proliferation of
nuclear explosive devices, including regulations, international
agreements, and other relevant developments that the Chairman
determines may be necessary for the purpose of informing exporters and
the general public about the risks of proliferation and efforts to
reduce or eliminate such risks.
``(2) Information appearing in the bulletin shall constitute one,
but not an exclusive, basis for satisfaction of the criterion of
`requisite knowledge' in section 401(a) of the Nuclear Export
Reorganization Act of 1995 and in section 601(a) of the Federal Deposit
Insurance Corporation Improvement Act of 1991, and the criterion of
`knows or has reason to know' in section 311(b)(3) of this Act.
``SEC. 311. LICENSING PROCESS.
``(a) Controlled Items.--(1)(A) The President shall establish and
maintain a list of items, designated by the Subgroup, whose export is
controlled pursuant to section 309(c). Such list may be known as the
`Nuclear Referral List'.
``(B) The President shall cause the Nuclear Referral List and any
modification thereof to be published in the Federal Register.
``(C) Except as otherwise provided under section 202(b) of the
Nuclear Export Reorganization Act of 1995, an individual validated
license is required for the export from the United States of any item
on the Nuclear Referral List.
``(2) For purposes of this section, any item that--
``(A) is not on the Nuclear Referral List,
``(B) requires a validated export license for national
security reasons, and
``(C) is intended for a nuclear-related end-use or end-
user,
shall be subject to the procedures established under this title which
are otherwise applicable to items on the Nuclear Referral List.
``(3)(A) An individual validated license is required for an export
to any destination of any technical data or commodity where the
exporter knows or has reason to know that the data or commodity will be
used directly or indirectly in any of the following activities, whether
or not the item is specifically designed or modified for such
activities:
``(i) Designing, developing, fabricating, or testing any
nuclear explosive device.
``(ii) Designing, constructing, fabricating, or operating
any of the following facilities, or components for such
facilities:
``(I) Facilities for the chemical processing of
irradiated special nuclear or source material.
``(II) Facilities for the production of heavy
water.
``(III) Facilities for the separation of isotopes
of source and special nuclear material.
``(IV) Facilities for the fabrication of nuclear
reactor fuel containing plutonium or highly enriched
uranium.
``(V) Unsafeguarded nuclear fuel cycle facilities.
``(B) An item is used indirectly in an activity described in
subparagraph (A)--
``(i) if any United States agency notifies an exporter of
the risk of any such use; or
``(ii) the item would materially assist the performance of
any such activity.
``(b) Authority of the Secretary of Commerce.--Except as otherwise
provided in this section, the Secretary of Commerce shall be
responsible for--
``(1) processing all applications for validated licenses
for the export of all nuclear dual-use items requiring such a
license before the export from the United States or the
reexport from any other country of any such items; and
``(2) record keeping with respect to the approval or denial
of such licenses or authorizations.
``(c) License Approvals and Denials.--(1) Whenever the Secretary of
Commerce receives an application for a validated license for the export
from the United States of any nuclear dual-use item, the Secretary
shall submit the application to the Subgroup for review as to whether--
``(A) approval of such export would be contrary to the
objective of averting the proliferation of nuclear explosive
devices; or
``(B) the proposed export would pose an unacceptable risk
of diversion to a nuclear explosive activity or to an
unsafeguarded nuclear fuel cycle.
``(2) The Secretary shall issue no license for the export of any
nuclear dual-use item without the concurrence of all members of the
Subgroup that each of the review criteria of paragraph (1) has been
fully satisfied.
``(3) In performing the reviews required by paragraph (1), the
members of the Subgroup shall include the following factors among the
considerations used to determine what action should be taken on
individual applications:
``(A) The stated end-use of the commodity or technical
data.
``(B) The significance for nuclear purposes of the
particular commodity or technical data.
``(C) The availability of the commodity or technical data
from non-United States sources.
``(D) The types of assurances or guarantees against use for
nuclear explosive purposes or proliferation given in the
particular case.
``(E) The non-proliferation credentials of the importing
country concerned, based on consideration of factors such as--
``(i) a country's status as a party to the Treaty
on the Non-Proliferation of Nuclear Weapons or the
Treaty for the Prohibition of Nuclear Weapons in Latin
America;
``(ii) whether the country has all its nuclear
activities under International Atomic Energy Agency
safeguards or equivalent full scope safeguards;
``(iii) whether there is an agreement for
cooperation in the civil uses of atomic energy between
the United States and the country concerned;
``(iv) the country's public statements and policies
concerning nuclear developments and non-proliferation;
``(v) the extent of cooperation in non-
proliferation policy generally (indications such as
willingness to consult on international non-
proliferation issues); and
``(vi) intelligence data on a country's nuclear
intentions and activities, including whether the
country has engaged in clandestine or illegal
procurement activities, whether similar licenses have
previously been denied by any other country, and
whether end users in the recipient country have
diverted, for purposes inconsistent with this section,
any nuclear goods or technology, under an export,
retransfer, or other activity previously authorized by
any country.
``(d) Procedures and Appeals.--(1) Applications for the export of
nuclear dual-use items shall be made to the Department of Commerce.
``(2)(A) Upon receipt of any such application, the Secretary of
Commerce shall promptly refer the application to the Subgroup.
``(B) Not later than 90 days after receipt of an application from
the Secretary, the Subgroup shall complete its review of that
application in accordance with subsection (c)(1) and shall report to
the Secretary its determination regarding the application of that
subsection.
``(3) If the Subgroup has not taken action on an application by 90
days after receipt of that application, the applicant may file a
petition with the Secretary of Commerce requesting compliance with the
requirements of this section. Whenever such a petition is filed, the
Secretary shall take immediate steps to correct the situation giving
rise to the petition and shall immediately notify the applicant of such
steps.
``(4) If, within 20 days after a petition is filed under paragraph
(3), the processing of the application does not meet the requirements
of this section, or the application meets such requirements but the
Secretary has not so notified the applicant, then the applicant may
bring an action in an appropriate United States district court for a
restraining order, a temporary or permanent injunction, or other
appropriate relief, to require compliance with the requirements of this
section. The United States district courts shall have jurisdiction to
provide such relief, as appropriate.
``(5)(A)(i) Any constituent agency of the Subgroup may appeal the
denial of a license under this section to the President and, if the
President determines that the license should be approved, the President
shall direct the Secretary of Commerce to issue such license.
``(ii) The Secretary of Commerce shall report to the Congress on
data from such licenses in accordance with section 602(c) of the
Nuclear Non-Proliferation Act of 1978.
``(B) The procedures of this paragraph shall be the exclusive means
of appeal for denials of licenses issued under this section.
``(C) Documentation describing and supporting the agency's position
shall be submitted to the President as part of any appeal.
``(D) The President shall prescribe such regulations as may be
necessary to carry out this paragraph.''.
SEC. 102. NON-NUCLEAR ENERGY RESOURCES.
Title V of the Nuclear Non-Proliferation Act of 1978 is amended--
(1) in section 501, by inserting ``(a)'' immediately after
``Sec. 501.'';
(2) by adding at the end of section 501 the following:
``(b)(1) The Congress declares that it is both in the national
security and economic interests of the United States to promote the
development in the United States of a domestic industry capable of
competing on international markets for the sale of energy technologies
capable of achieving the objectives of section 501(a).
``(2) The Congress urges the President to pursue all appropriate
means to encourage the development of such an industry in the United
States and otherwise to assist developing countries to acquire such
technologies.''; and
(3) by adding at the end of the title the following new
section:
``Sec. 504. Review of Research and Development.--Not later than 6
months after the date of enactment of the Nuclear Export Reorganization
Act of 1995, the President shall undertake a review of all federally
funded research and development consistent with the objectives of
section 501 and shall report to the Congress on the adequacy of such
activities to achieve such objectives.''.
TITLE II--INITIATIVES TO STRENGTHEN COMPLIANCE
SEC. 201. FAIR MARKET INITIATIVE.
(a) Petition for Investigation.--Any United States person that
finds that a foreign person has, on or after the date of enactment of
this Act, engaged in an activity outside the United States that is
inconsistent with the guidelines adopted by the United States and other
member countries of the Nuclear Suppliers Group with respect to exports
of nuclear dual-use items, or successor guidelines adopted by such
countries, may petition the Subgroup on Nuclear Export Coordination to
begin an investigation of such activities.
(b) Determination by Subgroup.--Within 30 days of the date of
receipt of any such petition, the Subgroup shall determine whether to
undertake an investigation.
(c) Recommendation Regarding Sanctions.--If the Subgroup undertakes
an investigation and determines that the claims of the petitioner are
sustained by available evidence, the Chairman of the Subgroup shall
transmit a determination to that effect to the President, together with
the specific recommendation of the Subgroup as to the imposition of the
appropriate sanctions under title IV of this Act or under the
amendments made by that title.
(d) Publication in the Federal Register.--If the President does not
disapprove such determination within a period of 30 days after receipt
of such determination, the Chairman shall publish such determination in
the Federal Register and the sanctions shall take effect.
SEC. 202. MEASURES TO IMPROVE THE LICENSING PROCESS.
(a) Guidelines for Voluntary Codes of Conduct.--(1) Within 6 months
after the date of enactment of this Act, the Subgroup shall develop
guidelines to serve as a basis for the adoption of voluntary codes of
conduct by companies that engage in exports of nuclear dual-use items.
(2) The Chairman shall publish in the Federal Register such
guidelines and the names of all companies that have agreed to adopt
such codes of conduct.
(b) Review of Types of Licenses.--(1) The Subgroup shall undertake
a comprehensive review of the circumstances under which certain nuclear
dual-use goods could be exported under licenses other than an
individual validated license, without jeopardizing the national
security, national interest, or nonproliferation objectives of the
United States.
(2) The Secretary of Commerce may, with the concurrence of the
Subgroup, issue any such license identified in paragraph (1).
(3) The Secretary of Commerce shall report to the Congress on data
from such licenses in accordance with section 602(c) of the Nuclear
Non-Proliferation Act of 1978.
(c) Advisory Opinions.--(1) Upon the request of any person, the
Subgroup may, after appropriate consultation, issue an advisory opinion
in writing to that person as to whether a proposed activity by that
person would subject that person to sanctions under existing nuclear
export control laws.
(2) Issuance of an advisory opinion under paragraph (1) shall not
exempt any person from compliance with the requirements of this Act.
(3) For purposes of this subsection, the term ``appropriate
consultation'' means consultation by the Subgroup with the Secretary of
State, the Secretary of Defense, the Director of the Arms Control and
Disarmament Agency, and the heads of such other Federal agencies as the
Subgroup may determine are necessary.
(d) Procedure To Expedite License Approvals.--The Subgroup may
develop and implement procedures to expedite the approvals of licenses
for nuclear dual-use items to be exported to countries that the
Subgroup has determined are not engaged, and are unlikely to become
engaged, in promoting, directly or indirectly, the proliferation of
nuclear explosive devices if no such procedures would eliminate the
fundamental requirement of licensing of goods or technology that are
controlled because of their association with the development,
acquisition, or use of nuclear explosive devices.
(e) Procedures To Expedite Licensing Decisions.--Within 12 months
after the date of enactment of this Act, the Secretary of Commerce, in
consultation with the members of the Committee, shall develop
procedures to ensure that applicants for validated licenses for the
export of nuclear dual-use items will receive notice of approval or
denial of any such license not later than 60 days after submission of
an application.
TITLE III--AMENDMENTS TO THE ATOMIC ENERGY ACT OF 1954
SEC. 301. SUBSEQUENT ARRANGEMENTS.
Section 131 of the Atomic Energy Act of 1954 (42 U.S.C. 2160) is
amended--
(1) by inserting ``and the Secretary of Defense'' after
``concurrence of the Secretary of State'' in subsection a.(1);
(2) by striking all after ``and shall consult with''
through the colon and inserting ``the Director and the
Commission:'';
(3) in subsection a.(2), by striking ``may'' in the first
sentence and inserting ``shall'';
(4) in subsection b.(1), by inserting after ``such
arrangement'' the following ``, including documentation of the
technical basis for the Secretary's judgment that such
arrangement will ensure timely warning to the United States of
any diversion well in advance of the time at which the non-
nuclear-weapon state could transform the diverted material into
a nuclear explosive device,''; and
(5) in subsection d., by striking all after ``States,'' and
inserting in lieu thereof the following: ``and nothing in this
section is intended to promote the reprocessing of spent fuel
owned by any nation which lacks a reasonable economic justification for
such reprocessing''.
SEC. 302. COOPERATION WITH OTHER NATIONS.
Section 123 a. of the Atomic Energy Act of 1954 (42 U.S.C. 2153) is
amended--
(1) by inserting ``and the Secretary of Defense'' after
``concurrence of the Secretary of Energy''; and
(2) by striking ``jointly by the Secretary of State and the
Secretary of Energy'' and inserting ``jointly by the Secretary of
State, the Secretary of Energy, and the Secretary of Defense''.
SEC. 303. PROHIBITION ON FOREIGN PRODUCTION OF SPECIAL NUCLEAR
MATERIAL.
Section 57 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2077) is
amended--
(1) by inserting ``and the Department of Defense'' after
``concurrence of the Department of State''; and
(2) by striking ``the Department of Commerce, and the
Department of Defense'' and inserting ``and the Department of
Commerce''.
SEC. 304. PROHIBITION ON NUCLEAR EXPORTS.
Section 129 of the Atomic Energy Act of 1954 (42 U.S.C. 2158) is
amended by inserting after ``No nuclear materials and equipment'' the
following: ``including any items whose export from the United States is
controlled pursuant to the authorities of this Act, the Nuclear Non-
Proliferation Act of 1978, or the Nuclear Export Reorganization Act of
1995,''.
SEC. 305. CONTROL OF COMPONENT PARTS.
Section 109 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2139(b))
is amended by inserting ``Defense,'' after ``State,''.
TITLE IV--REVIEW OF PLUTONIUM USE POLICY
SEC. 401. FINDINGS AND DECLARATIONS.
The Congress finds and declares that--
(1) reactor-grade plutonium is a direct-use material;
(2) plutonium in all forms is hazardous to the human and
natural environment and is a potential radiological weapon;
(3) nuclear reprocessing programs that produce, or are
intended to produce, large amounts of plutonium, especially
amounts of plutonium that exceed the reasonable economic needs
of a country, for civilian uses jeopardize the efforts of the
United States, other nations, and international organizations
to reduce the global risks of nuclear weapons proliferation,
nuclear terrorism, and environmental contamination;
(4) the United States Government has suspended the
production of military plutonium and has abandoned civil
reprocessing and breeder reactor development in the United
States;
(5) more than 500 metric tons of plutonium currently exist
in civilian nuclear fuel worldwide, more than 100 metric tons
of plutonium have already been separated from nuclear fuel
irradiated in civilian reactors, and more than 200 metric tons
of plutonium exist in declared nuclear weapons stockpiles;
(6) on July 16, 1981, the President announced a policy that
the United States ``will not inhibit or set back civil
reprocessing and breeder reactor development in nations with
advanced nuclear power programs where it does not constitute a
proliferation risk'';
(7) much of the world surplus of civil plutonium has
resulted from foreign nuclear reprocessing activities
undertaken pursuant to agreements for nuclear cooperation with
the United States that were negotiated or sustained under this
policy and that grant long-term United States approval for
civilian uses of plutonium recovered from United States-
supplied nuclear fuel;
(8) large amounts of additional civil plutonium, far
exceeding the amounts of plutonium now contained in nuclear
weapons, may soon be recovered in reprocessing plants that are
about to be started up or constructed in the European Community
and Japan under this policy;
(9) once these new plants start up and become contaminated
with radiation, the environmental difficulties of shutdown and
clean-up increase dramatically;
(10) abundant and inexpensive global sources of uranium and
uranium enrichment services have steadily eroded the economic
need for the use of plutonium in civilian nuclear reactors;
(11) breeder reactors were once supposed to be the
principal consumers of civil plutonium but have now encountered
major financial and technical problems and recently have been
abandoned or shut down in Germany, France, and Britain and have
suffered major delays in Japan;
(12) reprocessing was once regarded as an economic and
efficient approach to nuclear fuel recycling and waste
management but is now widely recognized as extremely costly and
posing major environmental hazards; and
(13) the Deputy Director of the International Atomic Energy
Agency has recently stated that ``the excess of plutonium from
civilian nuclear programs poses a major political and security
problem worldwide''.
SEC. 402. REPORT.
The President shall--
(1) reexamine the policy described in section 401(6); and
(2) not later than 90 days after the date of enactment of
this Act--
(A) take account of the significant changes in the
global security environment and in the global nuclear
market since 1981 by modifying the policy described in
section 401(6) to avoid the political and security
problems associated with excess plutonium from civilian
nuclear programs in the world; and
(B) submit a report to the Congress describing the
steps taken to modify the policy.
TITLE V--REPEAL
SEC. 501. REPEAL OF TERMINATION OF PROVISIONS OF THE NUCLEAR
PROLIFERATION PREVENTION ACT OF 1994.
Part D of the Nuclear Proliferation Prevention Act of 1994 (title
VIII of the Foreign Relations Authorization Act, Fiscal Years 1994 and
1995; Public Law 103-236; 108 Stat. 507) is repealed.
<all>
S 102 IS----2
S 102 IS----3