I
103D CONGRESS
1ST SESSION
H. R. 2133
To increase the effectiveness of international nonproliferation safeguards.
IN THE HOUSE OF REPRESENTATIVES
MAY 17, 1993
Mr. STARK introduced the following bill; which was referred to the Committee
on Foreign Affairs
A BILL
To increase the effectiveness of international nonproliferation
safeguards.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘International Non-
proliferation Safeguards Reform Act of 1993’’.
SEC. 2. FINDINGS.
The Congress finds that—
(1) commercial and scientific uses of nuclear
energy offer the potential both to serve and to de-
stroy mankind;
(8) in recent years, the IAEA has taken on sig-
nificant new safeguards responsibilities, including in-
spection activities in Iraq, North Korea, South Afri-
ca, Brazil, and Argentina and the implementation of
safeguards on bulk-scale reprocessing facilities;
(9) these safeguards responsibilities are growing
while the IAEA’s budget and manpower resources
have remained virtually constant and even declined
in some years;
(10) Iraq’s technological advancement toward
developing a nuclear weapons capability underscores
the need for reforms in the implementation of IAEA
safeguards; and
(11) the United States and other member
states of the IAEA must give the IAEA adequate
political, technical, and financial support if it is to
implement these reforms successfully.
SEC. 3. PROGRAMS TO REFORM INTERNATIONAL NON-
PROLIFERATION SAFEGUARDS.
(a) ADDITIONAL ASSISTANCE TO IAEA.—Subject to
the limitations and requirements provided in this Act, the
Secretary of State, under the guidance of the President,
shall, during fiscal year 1994 and fiscal year 1995, provide
to the IAEA, in addition to the United States annual as-
sessed contribution to the IAEA, assistance for the pur-
poses set forth in subsection (b).
(b) PURPOSES OF ASSISTANCE.—The purposes for
which assistance under subsection (a) shall be provided
are limited to—
(1) the implementation by the IAEA of reforms
to strengthen the effectiveness of IAEA safeguards;
and
(2) contributions to the Technical Assistance
and Cooperation Fund of the IAEA.
(c) RESTRICTIONS.—Assistance authorized by sub-
section (a) for the purpose set forth in subsection (b)(2)
may be provided only if the President certifies to the Con-
gress that the IAEA is taking steps to implement reforms
to improve the effectiveness of IAEA safeguards, includ-
ing, but not limited to, those described in subsection (d).
(d) REFORMS IN IAEA SAFEGUARDS.—The Presi-
dent shall direct the United States representatives to the
IAEA to work toward the early adoption of reforms in the
implementation of the safeguards responsibilities of the
IAEA, including the following reforms:
(1) Improving the access of the IAEA within
any non-nuclear-weapon state to nuclear facilities,
whether or not declared by that state, that are capa-
ble of producing, processing, or fabricating special
fissionable material suitable for use in a nuclear ex-
plosive device.
(2) Increasing the transparency of international
nuclear commerce.
(3) Examining the feasibility of increasing the
scope of safeguards to include all activities and fa-
cilities which could significantly contribute to the ac-
quisition or production of nuclear explosive devices.
(4) Improving the access of the IAEA to infor-
mation about the nuclear activities of member states
of the IAEA.
(5) Examining the practicality and advisability
of the IAEA conducting less frequent inspections at
nuclear facilities in member states which—
(A) provide advance consent for the IAEA
to conduct unrestricted, short notice inspections
of any facility, whether or not declared by the
state;
(B) accept IAEA safeguards for the con-
struction of new facilities or the modification of
existing facilities which fall under the scope of
IAEA safeguards; and
(C) accept any inspectors of the IAEA who
are approved by the Board of Governors of the
IAEA, agree not to limit the number of such in-
spectors, and waive visa requirements for such
inspectors.
SEC. 4. AUTHORIZATION OF FUNDING.
In addition to amounts otherwise made available for
the IAEA, there are authorized to be appropriated
$10,000,000 for fiscal year 1994 and $10,000,000 for fis-
cal year 1995, to the Department of State to carry out
section 3(a), of which not more than $5,000,000 in each
such fiscal year may be made available for the purpose
set forth in section 3(b)(2).
SEC. 5. REPORTING REQUIREMENT.
(a) REPORT TO CONGRESS.—The President shall, in
the report required by section 601(a) of the Nuclear Non-
Proliferation Act of 1978, describe—
(1) the steps he has taken and plans to take to
implement each of the objectives set forth in section
3(d);
(2) the progress that has been made and the
obstacles that have been encountered in seeking to
meet the objectives set forth in section 3(d);
(3) any other steps he has taken or plans to
take to strengthen the implementation of IAEA safe-
guards;
(4) the steps the IAEA has taken to implement
each of the objectives set forth in section 3(d); and
(5) any other steps the IAEA has taken to
strengthen the implementation of IAEA safeguards.
(b) REPORT ON FUNDING.—Within one year after
the date of the enactment of this Act, the President shall
submit to the Congress a report assessing what additional
funds are required for the IAEA to implement the objec-
tives set forth in section 3(d) and what funds the United
States plans to contribute to the IAEA over the next 5
fiscal years.
SEC. 6. DEFINITIONS.
As used in this Act—
(1) the term ‘‘IAEA’’ means the International
Atomic Energy Agency;
(2) the term ‘‘non-nuclear-weapon state’’ means
any country which is not a nuclear-weapon state, as
defined by Article IX(3) of the Treaty on the Non-
Proliferation of Nuclear Weapons, signed at Wash-
ington, London, and Moscow on July 1, 1968;
(3) the term ‘‘nuclear-weapon state’’ has the
meaning given to such term by Article IX(3) of such
Treaty; and
(4) the term ‘‘special fissionable material’’ has
the meaning given to such term by Article XX(1) of
the Statute of the International Atomic Energy
Agency, done at the Headquarters of the United Na-
tions on October 26, 1956.
Æ