[Congressional Record Volume 145, Number 102 (Monday, July 19, 1999)]
[House]
[Pages H5766-H5768]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           IRAN NUCLEAR PROLIFERATION PREVENTION ACT OF 1999

  Mr. GILMAN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1477) to withhold voluntary proportional assistance for 
programs and projects of the International Atomic Energy Agency 
relating to the development and completion of the Bushehr nuclear power 
plant in Iran, and for other purposes.
  The Clerk read as follows:

                               H.R. 1477

       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 ``Iran Nuclear Proliferation 
     Prevention Act of 1999''.

     SEC. 2. FINDINGS.

       The Congress makes the following findings:
       (1) Iran remains the world's leading sponsor of 
     international terrorism and is on the Department of State's 
     list of countries that provide support for acts of 
     international terrorism.
       (2) Iran has repeatedly called for the destruction of 
     Israel and Iran supports organizations, such as Hizballah, 
     Hamas, and the Palestine Islamic Jihad, which are responsible 
     for terrorist attacks against Israel.
       (3) Iranian officials have stated their intent to complete 
     at least three nuclear power plants by 2015 and are currently 
     working to complete the Bushehr nuclear power plant located 
     on the Persian Gulf coast.
       (4) The United States has publicly opposed the completion 
     of reactors at the Bushehr nuclear power plant because the 
     transfer of civilian nuclear technology and training could 
     help to advance Iran's nuclear weapons program.
       (5) In an April 1997 hearing before the Subcommittee on 
     Near Eastern and South Asian Affairs of the Committee on 
     Foreign Relations of the Senate, the former Director of the 
     Central Intelligence Agency, James Woolsey, stated that 
     through the operation of the nuclear power reactor at the 
     Bushehr nuclear power plant, Iran will develop substantial 
     expertise relevant to the development of nuclear weapons.
       (6) Construction of the Bushehr nuclear power plant was 
     halted following the 1979 revolution in Iran because the 
     former West Germany refused to assist in the completion of 
     the plant due to concerns that completion of the plant could 
     provide Iran with expertise and technology which could 
     advance Iran's nuclear weapons program.
       (7) In January 1995 Iran signed a $780,000,000 contract 
     with the Russian Federation for Atomic Energy (MINATOM) to 
     complete a VVER-1000 pressurized-light water reactor at the 
     Bushehr nuclear power plant and in November 1998, Iran and 
     Russia signed a protocol to expedite the construction of the 
     nuclear reactor, setting a new timeframe of 52 months for its 
     completion.
       (8) In November 1998, Iran asked Russia to prepare a 
     feasibility study to build three more nuclear reactors at the 
     Bushehr site.
       (9) Iran is building up its offensive military capacity in 
     other areas as evidenced by its recent testing of engines for 
     ballistic missiles capable of carrying 2,200 pound warheads 
     more than 800 miles, within range of strategic targets in 
     Israel.
       (10) Iran ranks tenth among the 105 nations receiving 
     assistance from the technical cooperation program of the 
     International Atomic Energy Agency.
       (11) Between 1995 and 1999, the International Atomic Energy 
     Agency has provided and is expected to provide a total of 
     $1,550,000 through its Technical Assistance and Cooperation 
     Fund for the Iranian nuclear power program, including 
     reactors at the Bushehr nuclear power plant.
       (12) In 1999 the International Atomic Energy Agency 
     initiated a program to assist Iran in the area of uranium 
     exploration. At the same time it is believed that Iran is 
     seeking to acquire the requisite technology to enrich uranium 
     to weapons-grade levels.
       (13) The United States provides annual contributions to the 
     International Atomic Energy Agency which total more than 25 
     percent of the annual assessed budget of the Agency and the 
     United States also provides annual voluntary contributions to 
     the Technical Assistance and Cooperation Fund of the Agency 
     which total approximately 32 percent ($18,250,000 in 1999) of 
     the annual budget of the program.
       (14) The United States should not voluntarily provide 
     funding for the completion of nuclear power reactors which 
     could provide Iran with substantial expertise to advance its 
     nuclear weapons program and potentially pose a threat to the 
     United States or its allies.
       (15) Iran has no need for nuclear energy because of its 
     immense oil and natural gas reserves which are equivalent to 
     9.3 percent of the world's reserves and Iran has 
     73,000,000,000 cubic feet of natural gas, an amount second 
     only to the natural gas reserves of Russia.

     SEC. 3. WITHHOLDING OF VOLUNTARY CONTRIBUTIONS TO THE 
                   INTERNATIONAL ATOMIC ENERGY AGENCY FOR PROGRAMS 
                   AND PROJECTS IN IRAN.

       Section 307 of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2227) is amended by adding at the end the following:
       ``(d) Notwithstanding subsection (c), the limitations of 
     subsection (a) shall apply to programs and projects of the 
     International Atomic Energy Agency in Iran, unless the 
     Secretary of State makes a determination in writing to the 
     Committee on International Relations of the House of 
     Representatives and the Committee on Foreign Relations of the 
     Senate that such programs and projects are consistent with 
     United States nuclear nonproliferation and safety goals, will 
     not provide Iran with training or expertise relevant to the 
     development of nuclear weapons, and are not being used as a 
     cover for the acquisition of sensitive nuclear technology. A 
     determination made by the Secretary of State under the 
     preceding sentence shall be effective for the 1-year period 
     beginning on the date of the determination.''.

     SEC. 4. ANNUAL REVIEW BY SECRETARY OF STATE OF PROGRAMS AND 
                   PROJECTS OF THE INTERNATIONAL ATOMIC ENERGY 
                   AGENCY; UNITED STATES OPPOSITION TO PROGRAMS 
                   AND PROJECTS OF THE AGENCY IN IRAN.

       (a) Annual Review.--

[[Page H5767]]

       (1) In general.--The Secretary of State shall undertake a 
     comprehensive annual review of all programs and projects of 
     the International Atomic Energy Agency in the countries 
     described in section 307(a) of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2227(a)) and shall determine if such programs 
     and projects are consistent with United States nuclear 
     nonproliferation and safety goals.
       (2) Report.--Not later than 1 year after the date of the 
     enactment of this Act and on an annual basis thereafter for 5 
     years, the Secretary shall prepare and submit to the Congress 
     a report containing the results of the review under paragraph 
     (1).
       (b) Opposition to Certain Programs and Projects of 
     International Atomic Energy Agency.--The Secretary of State 
     shall direct the United States representative to the 
     International Atomic Energy Agency to oppose programs of the 
     Agency that are determined by the Secretary under the review 
     conducted under subsection (a)(1) to be inconsistent with 
     nuclear nonproliferation and safety goals of the United 
     States.

     SEC. 5. REPORTING REQUIREMENTS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act and on an annual basis thereafter 
     for 5 years, the Secretary of State, in consultation with the 
     United States representative to the International Atomic 
     Energy Agency, shall prepare and submit to the Congress a 
     report that--
       (1) describes the total amount of annual assistance to Iran 
     from the International Atomic Energy Agency, a list of 
     Iranian officials in leadership positions at the Agency, the 
     expected timeframe for the completion of the nuclear power 
     reactors at the Bushehr nuclear power plant, and a summary of 
     the nuclear materials and technology transferred to Iran from 
     the Agency in the preceding year which could assist in the 
     development of Iran's nuclear weapons program; and
       (2) contains a description of all programs and projects of 
     the International Atomic Energy Agency in each country 
     described in section 307(a) of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2227(a)) and any inconsistencies between the 
     technical cooperation and assistance programs and projects of 
     the Agency and United States nuclear nonproliferation and 
     safety goals in these countries.
       (b) Additional Requirement.--The report required to be 
     submitted under subsection (a) shall be submitted in an 
     unclassified form, to the extent appropriate, but may include 
     a classified annex.

     SEC. 7. SENSE OF THE CONGRESS.

       It is the sense of the Congress that the United States 
     Government should pursue internal reforms at the 
     International Atomic Energy Agency that will ensure that all 
     programs and projects funded under the Technical Cooperation 
     and Assistance Fund of the Agency are compatible with United 
     States nuclear nonproliferation policy and international 
     nuclear nonproliferation norms.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. Gilman) and the gentleman from New Jersey (Mr. Menendez) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New York (Mr. Gilman).


                             General Leave

  Mr. GILMAN. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
on H.R. 1477.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. GILMAN. Mr. Speaker, I yield myself as much time as I may 
consume.
  (Mr. GILMAN asked and was given permission to revise and extend his 
remarks.)
  Mr. GILMAN. Mr. Speaker, I would like to commend the gentleman from 
New Jersey (Mr. Menendez) for his perseverance on this important 
legislation. This bill is similar to legislation in the last Congress 
which was favorably reported by the committee and then passed by the 
House on August 3, 1998, by a vote of 405 to 134. This legislation 
amends current law to ensure that our Nation does not provide funding 
for the completion of any nuclear power reactors in Iran.

                              {time}  1445

  We all know that the Iranians have dedicated significant resources to 
completing at least three nuclear power plants by the year 2015 and are 
now working with Russian assistance to complete the Bushehr nuclear 
power plant. The United States has opposed the completion of the 
reactor at the Bushehr facility because the transfer of civilian 
nuclear technology and training could help to advance Iran's nuclear 
weapons program.
  Between 1995 and 1999, it is anticipated that the International 
Atomic Energy Agency, IAEA, will have provided over $1.5 million for 
the Iranian nuclear power program through its Technical Assistance and 
Cooperation Fund. Our Nation provides annual voluntary contributions to 
this fund totaling $60 million in 1996.
  This bill does not halt our voluntary contribution to the IAEA, but 
its does require that none of our monies may be used to fund IAEA 
programs and projects in Iran, unless the Secretary of State certifies 
that such projects are consistent with the U.S. nuclear 
nonproliferation and safety goals, and will not provide Iran with 
training or expertise relevant to the development of weapons.
  Mr. Speaker, this is exactly the right policy. Our Nation should not 
voluntarily provide funding which would help Iran complete nuclear 
power reactors that could assist them in developing their nuclear 
weapons program which could pose a threat to our Nation and to our 
allies.
  This bill establishes two important reporting requirements: one will 
provide the Congress with a comprehensive report on IAEA assistance to 
Iran. The second requirement directs the Secretary of State to review 
IAEA programs and ensure that they are consistent with U.S. nuclear 
nonproliferation and safety goals. Based on that review, the Secretary 
of State shall direct the U.S. representative to the IAEA to oppose 
establishing any programs that are not consistent with our Nation's 
policy.
  Accordingly, I urge my colleagues to support this bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. MENENDEZ. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. MENENDEZ asked and was given permission to revise and extend his 
remarks.)
  Mr. MENENDEZ. Mr. Speaker, let me first thank the distinguished 
chairman of the Committee on International Relations for both his 
support and encouragement in the committee, as well as today on the 
floor. This bill, which I have authored, seeks to protect the United 
States taxpayers from assisting countries like Iran which sponsor 
international terrorism, denounce the United States, and seek to 
develop weapons of mass destruction which may be used against us or our 
allies, from obtaining money indirectly from the United States through 
the International Atomic Energy Agency support for Iran's efforts to 
build a nuclear power plant on the Persian Gulf coast.
  Let me first say that I recognize the importance of the International 
Atomic Energy Agency and its role in ensuring the safety of nuclear 
sites around the world. And so did the over 405 Members of the House 
who last year voted for this bill as well. But this bill will not 
affect the International Atomic Energy Administration's safeguards 
program, and the bill does not seek to withhold any funds to IAEA's 
safeguard program in Iran or elsewhere. The only funds affected by this 
bill are our voluntary, not assessed, contributions to the IAEA's 
Technical Assistance and Cooperation Fund for Iran.
  Second, I have amended the bill from last year so that withholding is 
not mandatory. Withholding is contingent upon the Secretary of State's 
certification to this committee, the Committee on International 
Relations, of three things, which are, 1, that the International Atomic 
Energy Administration's activities in Iran are consistent with U.S. 
nuclear nonproliferation and safety goals; 2, that the International 
Atomic Energy Administration's activities will not provide Iran with 
training or expertise relevant to the development of nuclear weapons; 
and, 3, that the International Atomic Energy Administration's 
activities are not being used as a cover for the acquisition of 
sensitive nuclear technology.
  If the Secretary can make that certification, then no funds will be 
withheld. If the Secretary cannot make that certification, then we are 
making the right decision by withholding funds.
  Now, this bill is not a significant change in policy. In fact, prior 
to 1994, U.S. law required the withholding of proportional IAEA 
voluntary funds to all countries on our list of terrorist States; and 
despite the change in the law, the administration continued to withhold 
those funds for 2 more years until 1996.
  What this bill does is require that the administration reinstate 
proportional

[[Page H5768]]

withholding of IAEA voluntary funds, those funds we pay above and 
beyond our membership fees for the Safeguard Program for Iran, if the 
Secretary cannot make the requisite certification. It also requires the 
Secretary of State to undertake a comprehensive review of all IAEA 
programs and projects in other states which sponsor international 
terrorism to determine if the IAEA is sponsoring any other projects 
which conflict with the United States' nuclear nonproliferation and 
safety goals. Clearly, our monies should not be going to any country, 
especially voluntary monies, if they oppose our own nuclear 
nonproliferation goals.
  As it is, since the IAEA's inception, more than $52 million for the 
Technical Assistance and Cooperation Fund has gone to countries on the 
United States' list of states which sponsor terrorism. The United 
States is the largest supporter of the IAEA. We provide them with more 
than 25 percent of its annual budget. In the Technical Assistance and 
Cooperation Fund, we contribute about 32 percent, or over $18 million 
annually in voluntary funds.
  It is from that fund that the IAEA is providing over $1.5 million to 
date for the development of the new Bushehr nuclear power plant. 
Moreover, the IAEA has launched a new program this year to help Iran in 
the area of uranium exploration. Clearly, when we suspect that Iran has 
the requisite technology to enrich uranium to weapons-grade levels, it 
is not a wise idea to help them in their efforts to locate more of it.
  The Clinton administration has publicly stated its opposition to 
Iran's development of nuclear reactors and its concern about the 
development of the Bushehr nuclear power plant. In testimony before the 
United States Senate, Deputy Assistant Secretary Bob Einhorn explained, 
and I quote, ``In our views, this is a large reactor project. It will 
involve hundreds of Russians being in Iran, hundreds of Iranians or 
more being in Moscow being trained, and this large-scale kind of 
project can provide a kind of commercial cover for a number of 
activities that we would not like to see, perhaps much more sensitive 
activities than pursuing this power reactor project.
  It also will inevitably provide additional training and expertise in 
the nuclear field for Iranian technicians. ``In our view,'' this is now 
the Deputy Assistant Secretary speaking, ``in our view, given Iran's 
intention to acquire nuclear weapons, we do not want to see them move 
up the nuclear learning curve at all, and we believe this project would 
contribute to them moving up that curve,'' and that is the end of the 
quote.
  Last fall, during a press briefing at the State Department, its 
spokesman, James Rubin said of the Bushehr: ``We are convinced that 
Iran is using the Bushehr reactor project as a cover for acquiring 
sensitive Russian nuclear technology.''
  Given Iran's historic support for terrorism, coupled with the fact 
that Iran boasts immense, immense oil and natural gas reserves and the 
seismic activity near Bushehr, we must question Tehran's motives for 
conducting expensive nuclear reactors. Moreover, the development of the 
nuclear reactors has been an economic nightmare for Iranians. Clearly, 
Iran does not need additional energy sources, considering it has some 
of the world's largest oil and natural gas reserves, nor is nuclear 
energy an economic choice for Iran.
  So, in essence, what is it for? Clearly, the concerns expressed by 
the administration, clearly, those concerns are about nuclear weaponry. 
And if we add to that the fact that Iran's missile capacity has been 
developed, we now will not only have a uranium exploration and uranium 
enrichment, we now have all of the facets not only to create nuclear 
weapons, but to deliver them.
  Mr. Speaker, we need to ask one basic question. Does it make sense 
for the United States and U.S. taxpayers to provide any kind of support 
for the construction of a nuclear reactor which we clearly and 
justifiably oppose.
  This bill seeks to protect the United States taxpayers from assisting 
countries like Iran, which sponsors international terrorism. It seeks 
to make sure that our dollars are not going to develop weapons of mass 
destruction that can be used against us and our allies.
  It is ludicrous for the United States to support a plan, even 
indirectly, which could pose a threat to its national security and to 
stability in the Middle East.
  Mr. Speaker, I yield back the balance of my time.
  Mr. GILMAN. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York (Mr. Gilman) that the House suspend the rules 
and pass the bill, H.R. 1477.
  The question was taken.
  Mr. MENENDEZ. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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