105TH CONGRESS

2D SESSION H. R. 4851

AN ACT

To withhold voluntary proportional assistance for

plant in Iran, and for other purposes.and completion of the Bushehr nuclear poweric Energy Agency relating to the developmentprograms and projects of the International Atom-
105TH CONGRESS

2D SESSION H. R. 4851

AN ACT

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Iran Nuclear Prolifera5 tion Prevention Act of 1998’’.

6 SEC. 2. FINDINGS.

7 The Congress makes the following findings:

8 (1) Iran remains the world’s leading sponsor of

9 international terrorism and is on the Department of

10 State’s list of countries that provide support for acts

11 of international terrorism.

12 (2) Iran has repeatedly called for the destruc13 tion of Israel and Iran supports organizations, such

14 as Hizballah, Hamas, and the Palestine Islamic

15 Jihad, which are responsible for terrorist attacks

16 against Israel.

17 (3) Iranian officials have stated their intent to

18 complete at least three nuclear power plants by 2015

19 and are currently working to complete the Bushehr

20 nuclear power plant located on the Persian Gulf

21 coast.

22 (4) The United States has publicly opposed the

23 completion of reactors at the Bushehr nuclear power

24 plant because the transfer of civilian nuclear tech-
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1 nology and training could help to advance Iran’s nu2 clear weapons program.

3 (5) In an April 1997 hearing before the Sub4 committee on Near Eastern and South Asian Affairs

5 of the Committee on Foreign Relations of the Sen6 ate, the former Director of the Central Intelligence

7 Agency, James Woolsey, stated that through the op8 eration of the nuclear power reactor at the Bushehr

9 nuclear power plant, Iran will develop substantial ex10 pertise relevant to the development of nuclear weap11 ons.

12 (6) Construction of the Bushehr nuclear power

13 plant was halted following the 1979 revolution in

14 Iran because the former West Germany refused to

15 assist in the completion the plant due to concerns

16 that completion of the plant could provide Iran with

17 expertise and technology which could advance Iran’s

18 nuclear weapons program.

19 (7) Iran is building up its offensive military ca20 pacity in other areas as evidenced by its recent test21 ing of engines for ballistic missiles capable of carry22 ing 2,200 pound warheads more than 800 miles,

23 within range of strategic targets in Israel.

24 (8) In January 1995 Iran signed a

25 $780,000,000 contract with the Russian Federation
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1 for Atomic Energy (MINATOM) to complete a

2 VVER–1000 pressurized-light water reactor at the

3 Bushehr nuclear power plant.

4 (9) In March of 1998, Russia confirmed its in5 tention to complete work on the two reactors at the

6 Bushehr nuclear power plant and agreed in principle

7 to the construction of two more reactors at the

8 Bushehr site.

9 (10) At least one reactor could be operational

10 within a few years and it would subsequently provide

11 Iran with substantial expertise to advance its nu12 clear weapons program.

13 (11) Iran ranks tenth among the 105 nations

14 receiving assistance from the technical cooperation

15 program of the International Atomic Energy Agen16 cy.

17 (12) Between 1995 and 1999, the International

18 Atomic Energy Agency has provided and is expected

19 to provide a total of $1,550,000 through its Tech20 nical Assistance and Cooperation Fund for the Ira21 nian nuclear power program, including reactors at

22 the Bushehr nuclear power plant.

23 (13) The United States provides annual con24 tributions to the International Atomic Energy Agen25 cy which total more than 25 percent of the annual
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1 assessed budget of the Agency and the United

2 States also provides annual voluntary contributions

3 to the Technical Assistance and Cooperation Fund

4 of the Agency which total approximately 32 percent

5 ($16,000,000 in 1996) of the annual budget of the

6 program.

7 (14) The United States should not voluntarily

8 provide funding for the completion of nuclear power

9 reactors which could provide Iran with substantial

10 expertise to advance its nuclear weapons program

11 and potentially pose a threat to the United States or

12 its allies.

13 (15) Iran has no need for nuclear energy be14 cause of its immense oil and natural gas reserves

15 which are equivalent to 9.3 percent of the world’s re16 serves and Iran has 73,000,000,000 cubic feet of

17 natural gas, an amount second only to the natural

18 gas reserves of Russia.

19 SEC. 3. WITHHOLDING OF VOLUNTARY CONTRIBUTIONS TO

20 THE INTERNATIONAL ATOMIC ENERGY AGEN21 CY FOR PROGRAMS AND PROJECTS IN IRAN.

22 Section 307 of the Foreign Assistance Act of 1961

23 (22 U.S.C. 2227) is amended by adding at the end the

24 following:
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1 ‘‘(d) Notwithstanding subsection (c), the limitations

2 of subsection (a) shall apply to programs and projects of

3 the International Atomic Energy Agency in Iran, unless

4 the Secretary of State makes a determination in writing

5 to the Committee on International Relations of the House

6 of Representatives and the Committee on Foreign Rela7 tions of the Senate pursuant to section 4(a)(1) of the Iran

8 Nuclear Proliferation Prevention Act of 1998, that such

9 programs and projects are consistent with United States

10 nuclear nonproliferation and safety goals and will not pro11 vide Iran with training or expertise relevant to the devel12 opment of nuclear weapons.’’.

13 SEC. 4. ANNUAL REVIEW BY SECRETARY OF STATE OF PRO14 GRAMS AND PROJECTS OF THE INTER15 NATIONAL ATOMIC ENERGY AGENCY; UNITED

16 STATES OPPOSITION TO PROGRAMS AND

17 PROJECTS OF THE AGENCY IN IRAN.

18 (a) ANNUAL REVIEW.—

19 (1) IN GENERAL.—The Secretary of State shall

20 undertake a comprehensive annual review of all pro21 grams and projects of the International Atomic En22 ergy Agency in the countries described in section

23 307(a) of the Foreign Assistance Act of 1961 (22

24 U.S.C. 2227(a)) and shall determine if such pro-
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1 grams and projects are consistent with United

2 States nuclear nonproliferation and safety goals.

3 (2) REPORT.—Not later than 1 year after the

4 date of the enactment of this Act and on an annual

5 basis thereafter for 5 years, the Secretary shall pre6 pare and submit to the Congress a report containing

7 the results of the review under paragraph (1).

8 (b) OPPOSITION TO CERTAIN PROGRAMS AND

9 PROJECTS OF INTERNATIONAL ATOMIC ENERGY AGEN10 CY.—The Secretary of State shall direct the United States

11 representative to the International Atomic Energy Agency

12 to oppose programs of the Agency that are determined by

13 the Secretary under the review conducted under sub14 section (a)(1) to be inconsistent with nuclear nonprolifera15 tion and safety goals of the United States.

16 SEC. 5. REPORTING REQUIREMENTS.

17 (a) IN GENERAL.—Not later than 180 days after the

18 date of the enactment of this Act and on an annual basis

19 thereafter for 5 years, the Secretary of State, in consulta20 tion with the United States representative to the Inter21 national Atomic Energy Agency, shall prepare and submit

22 to the Congress a report that—

23 (1) describes the total amount of annual assist24 ance to Iran from the International Atomic Energy

25 Agency, a list of Iranian officials in leadership posi-
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1 tions at the Agency, the expected timeframe for the

2 completion of the nuclear power reactors at the

3 Bushehr nuclear power plant, and a summary of the

4 nuclear materials and technology transferred to Iran

5 from the Agency in the preceding year which could

6 assist in the development of Iran’s nuclear weapons

7 program; and

8 (2) contains a description of all programs and

9 projects of the International Atomic Energy Agency

10 in each country described in section 307(a) of the

11 Foreign Assistance Act of 1961 (22 U.S.C. 2227(a))

12 and any inconsistencies between the technical co13 operation and assistance programs and projects of

14 the Agency and United States nuclear nonprolifera15 tion and safety goals in these countries.

16 (b) ADDITIONAL REQUIREMENT.—The report re17 quired to be submitted under subsection (a) shall be sub18 mitted in an unclassified form, to the extent appropriate,

19 but may include a classified annex.

20 SEC. 7. SENSE OF THE CONGRESS.

21 It is the sense of the Congress that the United States

22 Government should pursue internal reforms at the Inter23 national Atomic Energy Agency that will ensure that all

24 programs and projects funded under the Technical Co25 operation and Assistance Fund of the Agency are compat-
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1 ible with United States nuclear nonproliferation policy and

2 international nuclear nonproliferation norms.

Passed the House of Representatives October 20,

1998.

Attest:

Clerk.