5 NONPROLIFERATION CRITERIA SEC. 601. Section 128 of the Atomic Energy Act of 6 1954 (42 U.S.C. 2157), as amended by section 103 of this 7 Act, is further amended by adding at the end thereof the 8 following new subsection: 9 "d. (1) Except as provided in paragraph (2) of this sub10 section, the Secretary of Commerce may not issue a validat11 ed license under the Export Administration Act of 1979 for 12 the export to a non-nuclear-weapon state of goods or technol13 ogy which are to be used in a production or utilization facili14 ty, or which in the judgment of the Secretary of Commerce 15 are likely to be diverted for use in such a facility, unless the 16 Secretary of Energy has determined that such state 17 18 19 20 21 22 23 "(A) adheres to the criterion set forth in subsection a. of this section; and "(B) adheres, with respect to all goods and technology exported pursuant to such a validated license and used in such a facility, to criteria which are equiv alent to the criteria set forth in section 127 of this Act. "(2) If the Secretary of Energy finds that a license pro 24 hibited under paragraph (1) of this subsection should be 25 issued, the Secretary shall publicly issue his decision to that HR 1417 IH 1 effect and shall submit the license application to the Presi2 dent. The President may authorize issuance of the license in 3 accordance with the procedures, and subject to the require4 ments and conditions, set forth in the third and fourth sen5 tences of section 126 b. (2) of this Act.". 7 6 CONDUCT RESULTING IN DENIAL OF EXPORT LICENSES SEC. 602. Section 129 of the Atomic Energy Act of 8 1954 (42 U.S.C. 2158), as amended by section 104 of this 9 Act, is further amended 10 11 12 13 14 15 16 17 18 19 (1) in the text preceding paragraph (1), by inserting", no validated license under the Export Adminis tration Act of 1979 for the export of goods or technol ogy which are to be used (or which in the judgment of the Secretary of Commerce are likely to be diverted for use) in any production or utilization facility shall be issued with respect to" immediately after "exported to"; and (2) in the text following paragraph (2)(C), by inserting ", licenses," immediately after "such exports". HR 1417 IH APPENDIX 2 98TH CONGRESS 1ST SESSION H. R. 3058 To amend the Nuclear Non-Proliferation Act of 1978 and otherwise promote the nuclear nonproliferation policies of the United States. I IN THE HOUSE OF REPRESENTATIVES MAY 18, 1983 Mr. OTTINGER (for himself, Mr. MARKEY, Mr. UDALL, Mr. BONKER, Mr. BARNES, and Mr. WOLPE) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To amend the Nuclear Non-Proliferation Act of 1978 and otherwise promote the nuclear nonproliferation policies of the United States. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 4 SHORT TITLE SECTION 1. This Act may be cited as the "Nuclear Ex 5 plosives Control Act of 1983". 6 7 8 9 FINDINGS SEC. 2. The Congress finds and declares that (1) the spread of highly enriched uranium and separated plutonium, or the direct capability to manufac(178) ture or otherwise acquire such materials, poses a grave threat to the security interests of the United States and to continued international progress toward world peace and development; (2) effective safeguards do not now exist for highly enriched uranium and separated plutonium and the facilities for their production and use; (3) in view of declining orders for nuclear power plants and a slowing in the growth of demand for electrical energy, existing uranium resources and enrichment capacity can meet all requirements for nuclear fuel for the foreseeable future, and therefore there is no economic justification to use separated plutonium for electrical power generation; (4) unless and until effective safeguards exist, the commercial production and use of highly enriched uranium and separated plutonium would significantly increase the risk of nuclear weapons proliferation and should be avoided; (5) substitution or exchange of foreign special nuclear material for special nuclear material supplied and controlled by the United States has weakened United States nonproliferation policy and should not be permitted without prior approval by the United States; HR 3058 IH (6) the worldwide development of alternative energy resources and associated technologies should be encouraged as an essential means for achieving energy independence and international security; (7) in order to encourage nations to forgo the development of national reprocessing and enrichment facilities and the use of separated plutonium, the United States should provide incentives to rely on lowenriched uranium fuel and provide technical assistance to increase the fuel efficiency of existing power reactors, to resolve nuclear waste management problems, and to pursue alternative energy sources that will provide real energy security; (8) physical security arrangements need to be improved with respect to all nuclear materials in foreign commerce; (9) in order for United States nonproliferation policy to be effective, it is essential that all concerned Federal agencies fully coordinate their actions and utilize equivalent criteria and standards in authorizing, approving, or licensing nuclear exports and in imposing postexport controls; and (10) the activities of United States persons direct 24 ly or indirectly engaged in foreign nuclear commerce can significantly affect United States foreign policy and HR 3058 IH |