I 

109TH CONGRESS 

1ST SESSION H. R. 3184 

To ensure that countries that have signed a Small Quantities Protocol also 

sign, ratify, and implement the Additional Protocol and provide access 

by IAEA inspectors to their nuclear-related facilities and to direct the 

United States Permanent Representative to the IAEA to make every 

effort to rescind and eliminate the Small Quantities Protocol and ensure 

compliance by all Member States of the IAEA with IAEA obligations 

and the purposes and principles of the Charter of the United Nations. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 30, 2005 

Ms. ROS-LEHTINEN (for herself and Mr. LANTOS) introduced the following 

bill; which was referred to the Committee on International Relations 

A BILL 

To ensure that countries that have signed a Small Quantities 

Protocol also sign, ratify, and implement the Additional 

Protocol and provide access by IAEA inspectors to their 

nuclear-related facilities and to direct the United States 

Permanent Representative to the IAEA to make every 

effort to rescind and eliminate the Small Quantities Protocol and ensure compliance by all Member States of 

the IAEA with IAEA obligations and the purposes and 

principles of the Charter of the United Nations. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SMALL QUANTITIES PROTOCOL. 

2 (a) FINDINGS.—Congress finds the following: 

3 (1) There are 87 countries that are signatories 

4 to the Small Quantities Protocol as part of their ex5 isting safeguards and inspection agreement with the 

6 International Atomic Energy Agency (IAEA). 

7 (2) The Small Quantities Protocol was origi8 nally intended to conserve limited safeguards re9 sources by foregoing inspections in small countries 

10 in stable regions that had little or no nuclear mate11 rials and no nuclear facilities. 

12 (3) Unfortunately, at a time when terrorism 

13 and private nuclear ‘‘black-market’’ supplier net14 works exist and flourish by taking advantage of 

15 small countries with lax government regulations and 

16 oversight, the Small Quantities Protocol may become 

17 a hindrance to the timely detection by the IAEA of 

18 illicit nuclear proliferation activities. 

19 (4) It has also become clear that some coun20 tries, such as Saudi Arabia, are not in secure and 

21 stable regions of the world and concerns have been 

22 raised about their possible interest in nuclear tech23 nology. 

24 (5) Saudi Arabia, a signatory to a Small Quan25 tities Protocol as of June 16, 2005, is one of 27 

26 non-nuclear members of the Treaty on the Non-Pro-
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1 liferation of Nuclear Weapons (21 UST 483) (com2 monly referred to as the ‘‘Nuclear Nonproliferation 

3 Treaty’’ or the ‘‘NPT’’) but is only ‘‘willing to pro4 vide’’ the IAEA with additional information and ac5 cess ‘‘if all other parties’’ are required to comply. 

6 (6) The Small Quantities Protocol allows coun7 tries to possess up to the following amounts of nu8 clear material without having to report such to the 

9 IAEA: 

10 (A) Ten tons of natural uranium. 

11 (B) Twenty tons of depleted uranium, de12 pending on the degree of enrichment. 

13 (C) One kilogram of plutonium. 

14 (7) Countries party to the Small Quantities 

15 Protocol can continue to secretly work on nuclear fa16 cilities for up to six months before such facilities are 

17 operational. 

18 (8) The Small Quantities Protocol therefore 

19 makes it difficult for the IAEA to evaluate the nu20 clear program of a Small Quantities Protocol coun21 try or to verify that such a country meets the condi22 tions required to operate under the Small Quantities 

23 Protocol. 

24 (9) According to an IAEA report circulated to 

25 the Member States on the Board of Governors of the 
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1 IAEA, the Small Quantities Protocol ‘‘has the effect 

2 of holding in abeyance the implementation of most 

3 of the safeguard’s measures’’ as well as limiting ‘‘ob4 ligations to provide certain information’’ and the 

5 ‘‘right to request access to relevant locations’’. 

6 (10) The Additional Protocol to the Safeguards 

7 Agreements between the IAEA and Member States 

8 of the IAEA empowers the IAEA to seek a broad 

9 range of information about all aspects of a country’s 

10 nuclear and nuclear-related activities. The Addi11 tional Protocol also provides broader right of access 

12 for IAEA inspectors to nuclear and nuclear-related 

13 facilities and contains measures to improve the effec14 tiveness of safeguards for such activities. 

15 (11) The Additional Protocol is therefore an 

16 important means of addressing some of the concerns 

17 outlined above, particularly concerning rights of ac18 cess to certain information. 

19 (b) STATEMENT OF CONGRESS.—Congress declares 

20 that, in light of the findings described in subsection (a), 

21 the United States should use all diplomatic, political, and 

22 economic means necessary to persuade all countries cur23 rently with a Small Quantities Protocol to renounce their 

24 Small Quantities Protocol and to sign, ratify, and imple25 ment the Additional Protocol at the earliest possible date. 
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1 (c) UNITED STATES POLICY.— 

2 (1) REQUIREMENTS.— 

3 (A) IN GENERAL.—The President shall use 

4 all available political, economic, and diplomatic 

5 tools to ensure that each United States ally or 

6 recipient of United States assistance that has 

7 signed a Small Quantities Protocol with the 

8 IAEA, also signs, ratifies, and implements the 

9 Additional Protocol and provides immediate ac10 cess for IAEA inspectors to its nuclear-related 

11 facilities. 

12 (B) DEFINITION.—In this paragraph, the 

13 term ‘‘United States assistance’’ means assist14 ance under any provision of law with respect to 

15 which amounts are appropriated under the for16 eign operations, export financing, and related 

17 programs appropriations Act for a fiscal year. 

18 (2) LIMITATION ON ASSISTANCE.—If a country 

19 has signed a Small Quantities Protocol with the 

20 IAEA but does not satisfy the requirements specified 

21 in paragraph (1), the President shall prohibit the 

22 provision or transfer of each of the following to the 

23 country: 

24 (A) Assistance under part II of the For25 eign Assistance Act (22 U.S.C. 2301 et seq.), 
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1 other than assistance under chapter 6 of part 

2 II of such Act (22 U.S.C. 2348 et seq.). 

3 (B) Assistance under section 23 of the 

4 Arms Export Control Act (22 U.S.C. 2763). 

5 (C) Defense articles, defense services, or 

6 design and construction services under the 

7 Arms Export Control Act (22 U.S.C. 2751 et 

8 seq.), including defense articles and defense 

9 services licensed or approved for export under 

10 section 38 of that Act (22 U.S.C. 2778). 

11 (D) Dual use goods or technology. In this 

12 subparagraph, the term ‘‘dual use goods or 

13 technology’’ means goods or technology that are 

14 specifically designed or developed for civil pur15 poses but which also may be used or deployed 

16 in a military or proliferation mode. Such term 

17 does not include purely commercial items. 

18 (3) WAIVER.—The President may waive the 

19 limitation on assistance to a country described in 

20 paragraph (2) for not more than one fiscal year if, 

21 at least 30 days before such waiver is to take effect, 

22 the President certifies to the Committee on Inter23 national Relations of the House of Representatives 

24 and the Committee on Foreign Relations of the Sen25 ate that— 
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1 (A) such waiver is vital to the national se2 curity of the United States; and 

3 (B) such country has undertaken substan4 tial measures to comply with the requirements 

5 of paragraph (1). 

6 (d) ACTIONS AT IAEA.—The President shall direct 

7 the United States Permanent Representative to the IAEA 

8 to use the voice, vote, and influence of the United States 

9 at the IAEA to make every effort to ensure that the IAEA 

10 changes the policy regarding the Small Quantities Pro11 tocol in order to— 

12 (1) rescind and eliminate the Small Quantities 

13 Protocol; 

14 (2) require that any IAEA Member State that 

15 has previously signed a Small Quantities Protocol to 

16 sign, ratify, and implement the Additional Protocol, 

17 provide immediate access for IAEA inspectors to its 

18 nuclear-related facilities, and agree to the strongest 

19 inspections regime of its nuclear efforts; and 

20 (3) require that any IAEA Member State that 

21 does not comply with paragraph (2) to be ineligible 

22 to receive nuclear material, technology, equipment, 

23 or assistance from any IAEA Member State and 

24 subject to the penalties described in subsection (e). 

25 (e) PENALTIES.— 
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1 (1) IN GENERAL.—The President shall direct 

2 the United States Permanent Representative to the 

3 IAEA to use the voice, vote, and influence of the 

4 United States at the IAEA to ensure that a Member 

5 State of the IAEA that is under investigation for a 

6 breach of or noncompliance with its IAEA obliga7 tions or the purposes and principles of the Charter 

8 of the United Nations has its privileges suspended, 

9 including— 

10 (A) limiting its ability to vote on its case; 

11 (B) being prevented from receiving any 

12 technical assistance; and 

13 (C) being prevented from hosting meetings. 

14 (2) TERMINATION OF PENALTIES.—The pen15 alties specified under paragraph (1) shall be termi16 nated when such investigation is concluded and such 

17 Member State is no longer in such breach or non18 compliance. 

19 (f) REPORT.—Not later than 90 days after the date 

20 of the enactment of this Act and every 180 days there21 after, the President shall submit to the Committee on 

22 International Relations of the House of Representatives 

23 and the Committee on Foreign Relations of the Senate 

24 a report that includes the following information: 
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1 (1) A description of progress made towards 

2 achieving the requirements described in subsection 

3 (c) and the policy changes described in subsection 

4 (d). 

5 (2) A description of any penalties under sub6 section (e) that have been imposed and a list of 

7 those countries that have been subject to such pen8 alties. 

9 (3) A list of countries that have a Small Quan10 tities Protocol with the IAEA, including— 

11 (A) their level of cooperation with safe12 guards inspections of their nuclear facilities; 

13 (B) whether they have signed, ratified, and 

14 implemented the Additional Protocol; 

15 (C) the type and amount of assistance re16 ceived from the IAEA; and 

17 (D) the type and amount of assistance re18 ceived from each IAEA Member State. 

19 (4) A description of United States strategy to 

20 ensure compliance by United States allies and recipi21 ents of United States assistance with the require22 ments described in subsection (c) and the policy 

23 changes described in subsection (d). 

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