1 accordance with the procedures, and subject to the require

2 ments and conditions, set forth in the third and fourth sen

3 tences of section 126 b. (2) of this Act.".

4

5

EXPORTS OF COMPONENTS

SEC. 17. Section 109 b. of the Atomic Energy Act of

6 1954 (42 U.S.C. 2139(b)) is amended by amending the 7 second sentence to read as follows: "Except as provided in 8 section 126 b. (2), no such component, substance, or item 9 which is so determined by the Commission shall be exported 10 unless the Commission issues a general or specific license for 11 its export after finding, based on a reasonable judgment of 12 the assurances provided and other information available to 13 the Federal Government, including the Commission, that the 14 nation or group of nations to which such component, sub15 stance, or item will be exported—

16

17

18

19

20

21

22

23

"(1) has an agreement for cooperation with the United States;

"(2) adheres to the criterion set forth in section

128 a. of this Act; and

"(3) adheres, with respect to each such compo

nent, substance, or item to be exported, to criteria

which are equivalent to the criteria set forth in section 127 of this Act;

24 and after determining in writing that the issuance of each 25 such general or specific license or category of licenses will

HR 3058 IH

1 not be inimical to the common defense and security: Pro2 vided, That a specific license shall not be required for an 3 export pursuant to this section if the component, item, or 4 substance is covered by a facility license issued pursuant to 5 section 126 of this Act.".

6

7

8

LICENSING OF CERTAIN ACTIVITIES IN FOREIGN

COMMERCE

SEC. 18. (a) Chapter 11 of the Atomic Energy Act of

9 1954, as amended by sections 5 and 11 of this Act, is further 10 amended by adding at the end thereof the following new 11 section:

12

"SEC. 134. LICENSING OF CERTAIN ACTIVITIES IN

13 FOREIGN NUCLEAR COMMERCE.

14

"a. Activities described in subsection b. of this section 15 by any person subject to the jurisdiction of the United 16 States

17

18

19

20

21

22

23

24

25

"(1) may be engaged in only if authorized under

an agreement for cooperation;

“(2) shall be considered to be exports for purposes

of the procedures and requirements of section 126, section 127, and section 128, except that any such activities relating to transfers or retransfers of components, items, and substances shall be considered to be exports

for purposes of the procedures and requirements of sec

tion 109 b.; and

HR 3058 IH

1

2

"(3) shall require a license from the Nuclear Regulatory Commission.

3 "b. The requirements of subsection a. apply with re4 spect to any transfer or retransfer, including any activity 5 which directly or indirectly assists in any way the transfer or 6 retransfer, outside of the United States, of any source or spe7 cial nuclear material (including transfers or retransfers of title 8 to any such material), any production or utilization facility or 9 any technology pertaining to any such facility, any sensitive 10 nuclear technology, or any component, item, or substance de11 termined to have significance for nuclear explosive purposes 12 pursuant to section 109 b.".

13 (b) Section 234 a. of the Atomic Energy Act of 1954 is 14 amended by striking out "or 109" and inserting in lieu there15 of "109, or 134".

16

17

18

CONDUCT RESULTING IN TERMINATION OF NUCLEAR

EXPORTS

SEC. 19. Section 129 of the Atomic Energy Act of

19 1954 (42 U.S.C. 2158) is amended

20

21

22

23

24

25

(1) by inserting immediately after "exported to" in the text preceding paragraph (1) “, no validated license under the Export Administration Act of 1979 for the export of goods or technology which are to be used

in (or which in the judgment of the Secretary of Com

merce, with the concurrence of the Secretary of De

HR 3058 IH

fense, the Secretary of Energy, and the Nuclear Regulatory Commission, are likely to be used in the design, construction, operation, or maintenace of) any produc

tion or utilization facility shall be issued with respect

to, and no authorization under section 57 b. of this Act

shall be effective with respect to";

(2) by inserting immediately after "such exports" in the text following paragraph (2)(C) “, licenses, and authorizations";

(3) in the proviso in the text following paragraph (2)(C)

(A) by striking out "shall not become effective" and inserting in lieu thereof “shall become effective only"; and

(B) by striking out "does not favor" and inserting in lieu thereof "does favor"; and

(4) by inserting immediately before the last sentence the following: "In the consideration of a concur

rent resolution under this section, the amendment al

lowed by section 130 d. of this Act is an amendment

inserting the word 'does' in lieu of the phrase 'does not' if the resolution under consideration is a concur

rent resolution of disapproval.".

HR 3058 IH

APPENDIX 3

CONGRESSIONAL CORRESPONDENCE WITH THE DEPARTMENT OF STATE CONCERNING KOEBURG NUCLEAR REACTOR SERVICES CONTRACTS IN

SOUTH AFRICA

Attached please find a letter I'm sending to Lawrence S. Eagleburger,
Under Secretary of State for Political Affairs, expressing my extreme
dismay over the State Department's decision to support the licensing of
an American company to service the Koeberg nuclear reactor in

South Africa.

The letter outlines the major reasons why such support for American nuclear
collaboration with South Africa is not in the best interest of the
United States.

Acting with unusually swift dispatch the State Department has already
sent its advisory opinion to the Department of Energy indicating that
there are no objections to the granting of a license.

I feel it is extremely important that concerned members of Congress
indicate their disapproval of this possible further nuclear cooperation
with the white minority government of South Africa. South Africa has
refused to sign the Non-Proliferation Treaty and Pretoria's nuclear
program poses a very serious threat to the non-proliferation efforts
of the United States and to the security of the region and the world.

It is also equally important that the United States avoid being perceived
as increasing its support for South Africa's nuclear program while the
white-minority government continues to deny any hope for allowing its vast
black majority to participate fully in the political and economic life
of South Africa.

If you would like to add your support to this letter please contact
Salih of my Africa subcommittee staff at X67807 before Tuesday afternoon,
September 20th. I'm sorry for the short notice but we must act quickly
if we are to have any impact on this important matter..

33-516 0-84--14