COMMITTEE ON FOREIGN AFFAIRS CLEMENT J. ZABLOCKI, Wisconsin, Chairman DANTE B. FASCELL, Florida MICHAEL D. BARNES, Maryland GEO. W. CROCKETT, JR., Michigan PETER H. KOSTMAYER, Pennsylvania MEL LEVINE, California EDWARD F. FEIGHAN, Ohio TED WEISS, New York ROBERT GARCIA, New York WILLIAM S. BROOMFIELD, Michigan BENJAMIN A. GILMAN, New York TOBY ROTH, Wisconsin HENRY J. HYDE, Illinois GERALD B. H. SOLOMON, New York JOHN J. BRADY, Jr., Chief of Staff SUBCOMMITTEE ON INTERNATIONAL SECURITY AND SCIENTIFIC AFFAIRS CLEMENT J. ZABLOCKI, Wisconsin, Chairman Dwight J. Porter, vice president, international affairs, Westinghouse Elec- Hon. Richard L. Ottinger, a Representative in Congress from the State of Hon. Nunzio J. Palladino, Chairman, Nuclear Regulatory Commission. James K. Asseltine, Commissioner, Nuclear Regulatory Commission Hon. Richard T. Kennedy, Ambassador-at-Large, Department of State ........ Hon. Kenneth L. Adelman, Director, U.S. Arms Control and Disarma- MATERIAL SUBMITTED FOR THE RECORD Statement by Mr. Poneman on spare parts to Tarapur. APPENDIXES 8. Special report of the Nuclear Control Institute entitled "World Invento- ries of Civilian Plutonium and the Spread of Nuclear Weapons" 9. Article from Nuclear Fuel, September 26, 1983, entitled "U.S.-Japan Talks on Long-Term Plutonium Use Seen Likely To Dissolve After Recent 106 63 12. Letter from NRC Chairman Palladino to Secretary of Energy Hodel concerning retransfer of U.S.-origin heavy water from West Germany to 13. Letter from NRC Chairman Palladino to Chairman Zablocki concerning 16. Letter from Department of State to Chairman Zablocki concerning De- partment of State comments on H.R. 3058.... 17. Letter from ACDA concerning ACDA's comments on H.R. 1417 18. Letter from ACDA concerning ACDA's comments on H.R. 3058. 19. Statement submitted for the record by Hon. Marilyn Lloyd.. 20. Statement submitted for the record by Hon. Charles Rangel PROPOSED AMENDMENTS TO THE NUCLEAR NON-PROLIFERATION ACT, 1983 TUESDAY, SEPTEMBER 20, 1983 HOUSE OF REPRESENTATIVES, COMMITTEE ON FOREIGN AF- Washington, D.C. The Subcommittees on International Security and Scientific Affairs and on International Economic Policy and Trade met at 10:10 a.m., in room 2172, Rayburn House Office Building, Hon. Don Bonker (chairman of the Subcommittee on International Economic Policy and Trade) presiding. Mr. BONKER. The subcommittees will come to order. This morning the Subcommittees on International Security and Scientific Affairs, chaired by Mr. Zablocki, and on International Economic Policy and Trade are sponsoring the first of four joint hearings on the subject of nonproliferation. Specifically, the subcommittees which share jurisdiction in the nonproliferation field will consider two major legislative proposals to amend the Nuclear Non-Proliferation Act of 1978. H.R. 1417,1 sponsored by Representative Howard Wolpe, previously sponsored in the last Congress by the then chairman of this subcommittee, Mr. Bingham, and H.R. 3058, sponsored by Representative Richard Ottinger. Since the enactment of the NNPA 5 years ago, we have witnessed a number of significant developments in the field, both at home and abroad. Ironically, as the public's awareness of the dangers of proliferation has grown, the importance and urgency that the Reagan administration claimed to attach to this problem has diminished dramatically. It appears that this administration places a greater premium on the promotion of U.S. nuclear business rather than on preventing the possible development of nuclear weapons. The legislation pending before the subcommittee will attempt to deal with these important matters. The legislation seeks to respond to the lessons we have learned from our experience with NNPA as well as to the loopholes that have been revealed through the administration's attempt to transfer this technology and equipment to other countries, particularly 1See texts of H.R. 1417 and H.R. 3058 in apps. 1 and 2, respectively. to those who are not signatory to the various international treaties that attempt to discourage the production of nuclear weapons. I have a statement that is prepared by the chairman of the International Security and Scientific Affairs Subcommittee that I would like to enter in the record at this time. [Chairman Zablocki's prepared opening statement follows:] OPENING STATEMENT OF HON. CLEMENT J. ZABLOCKI, CHAIRMAN This morning the Subcommittees on International Security and Scientific Affairs and on International Economic Policy and Trade meet to hear testimony from Congressional witnesses on H.R. 1417 and H.R. 3058, amendments to the Nuclear NonProliferation Act of 1978. Hearings were held during the 97th Congress on the predecessor to H.R. 1417, sponsored by our former colleague from New York, the Honorable Jonathan Bingham. While some differences arose over mechanical aspects of that legislation, there were no differences over its ultimate goals. Today's hearing continues the examination by these two subcommittees of ways to strengthen the international nuclear nonproliferation regime, and I look forward to hearing the views of our distinguished colleagues. We welcome the Honorable Howard Wolpe, a Member of Congress from the State of Michigan and Chairman of the Subcommittee on Africa, the Honorable Morris K. Udall, a Member of Congress from the State of Arizona and Chairman of the Interior Committee, and the Honorable Edward J. Markey, a Member of Congress from the State of Massachusetts and a subcommittee chairman of the Interior Committee. Mr. Wolpe, would you proceed? Mr. BONKER. I would also like to ask if the ranking member of the International Security and Scientific Affairs Subcommittee has an opening statement. Mr. Broomfield. Mr. BROOMFIELD. No. Mr. BONKER. If not, Mr. Roth who is ranking member of the International Economic Policy and Trade Subcommittee. Mr. ROTH. Thank you, Mr. Chairman. I am pleased to be here today at this joint hearing to hear the three distinguished colleages discuss the important issue of nonproliferation. I believe each and every one of us agrees that the proliferation of nuclear technology in the wrong hands may be the greatest danger for the future of our civilization. Mr. Chairman, I want to take the slight liberty this morning to discuss certain provisions of the legislation before us. I have reviewed the provisions of this legislation and I was struck by the similarity between much of the terminology in the proposed Nuclear Explosives Control Act and the Export Administration Act. H.R. 3058 For example, H.R. 3058 speaks of controls on the export of technology, so does the Export Administration Act. H.R. 3058 spells out the end-use restrictions which can only be labeled as the extraterritorical application of U.S. policy. Statements by the former distinguished chairman of this subcommittee, Mr. Bingham, described the conflict among agencies involved in the licensing of nuclear-related materials and technology. The same problem is found upon examination of licensing within the Export Administration Act. Now, the bill before us places additional responsibility with the Secretary of Defense, in essence, to veto nuclear exports. The very |