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Title VIII — International Atomic Energy Agency

S. 1313 · 113th Congress · Jul 17, 2013 · Lineage

VIII International Atomic Energy Agency

Sec. 801 Technical Cooperation Program

(a)
In general— No funds from any United States assessed or voluntary contribution to the IAEA may be used to support any assistance provided by the IAEA through its Technical Cooperation Program to any country, including North Korea, that—
(1)
is a country the government of which has been determined by the Secretary, for purposes of section 6(j) of the Export Administration Act of 1979, section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or other provision of law, is a government that has repeatedly provided support for acts of international terrorism;
(2)
is in breach of or noncompliance with its obligations regarding—
(A)
its safeguards agreement with the IAEA;
(B)
the Additional Protocol;
(C)
the Nuclear Non-Proliferation Treaty;
(D)
any relevant United Nations Security Council Resolution; or
(E)
the Charter of the United Nations; or
(3)
is under investigation for a breach of or noncompliance with the obligations specified in paragraph (2).
(b)
Withholding of voluntary contributions— Not later than 30 days after the date of the enactment of this Act, the Secretary shall withhold from the United States voluntary contribution to the IAEA an amount proportional to that spent by the IAEA in the period from 2007 to 2008 on assistance through its Technical Cooperation Program to countries described in subsection (a).
(c)
Withholding of assessed contributions— If, not later than 30 days of the date of the enactment of this Act, the amount specified in subsection (c) has not been withheld and the IAEA has not suspended all assistance provided through its Technical Cooperation Program to the countries described in subsection (a), an amount equal to that specified in subsection (b) shall be withheld from the United States assessed contribution to the IAEA.
(d)
Waiver— The provisions in subsections (b) and (c) may be waived if—
(1)
the IAEA has suspended all assistance provided through its Technical Cooperation Program to the countries described in subsection (a); or
(2)
the President certifies that the countries described in subsection (a) no longer pose a threat to the national security, interests, and allies of the United States.
(e)
United States actions at IAEA— The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to block the allocation of funds for any assistance provided by the IAEA through its Technical Cooperation Program to any country described in subsection (a).
(f)
Report— Not later than 180 days after the date of the enactment of this Act, the President shall transmit to the appropriate congressional committees a report on the implementation of this section.

Sec. 802 United States policy at the IAEA

(a)
Enforcement and compliance—
(1)
Office of compliance—
(A)
Establishment— The President shall direct the United States Permanent Representative to the International Atomic Energy Agency (IAEA) to use the voice, vote, and influence of the United States at the IAEA to establish an Office of Compliance in the Secretariat of the IAEA.
(B)
Operation— The Office of Compliance shall—
(i)
function as an independent body composed of technical experts who shall work in consultation with IAEA inspectors to assess compliance by IAEA Member States with the Statute of the IAEA and the Treaty on the Non-Proliferation of Nuclear Weapons (21 UST 483) (commonly referred to as the “Nuclear Nonproliferation Treaty” or the “NPT”) and provide recommendations to the IAEA Board of Governors concerning penalties to be imposed on IAEA Member States that fail to fulfill their obligations under IAEA Board resolutions;
(ii)
base its assessments and recommendations on IAEA inspection reports; and
(iii)
take into consideration information provided by IAEA Board Members that are 1 of the 5 nuclear weapons states recognized by the Nuclear Nonproliferation Treaty.
(C)
Staffing— The Office of Compliance shall be staffed from existing personnel in the Department of Safeguards of the IAEA or the Department of Nuclear Safety and Security of the IAEA.
(2)
Committee on safeguards and verification— The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to ensure that the Committee on Safeguards and Verification established in 2005 shall develop and seek to put into force a workplan of concrete measures that will—
(A)
improve the ability of the IAEA to monitor and enforce compliance by Member States of the IAEA with the Nuclear Nonproliferation Treaty and the Statute of the International Atomic Energy Agency; and
(B)
enhance the ability of the IAEA, beyond the verification mechanisms and authorities contained in the Additional Protocol to the Safeguards Agreements between the IAEA and Member States of the IAEA, to detect with a high degree of confidence undeclared nuclear activities by a Member State.
(3)
Penalties with respect to the IAEA—
(A)
In general— The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to ensure that a Member State of the IAEA that is under investigation for a breach of or noncompliance with its IAEA obligations or the purposes and principles of the Charter of the United Nations has its privileges suspended, including—
(i)
limiting its ability to vote on its case;
(ii)
being prevented from receiving any technical assistance; and
(iii)
being prevented from hosting meetings.
(B)
Termination of penalties— The penalties specified under subparagraph (A) shall be terminated when such investigation is concluded and such Member State is no longer in such breach or noncompliance.
(4)
Penalties with respect to the nuclear nonproliferation treaty— The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to ensure that a Member State of the IAEA that is found to be in breach of, in noncompliance with, or has withdrawn from the Nuclear Nonproliferation Treaty shall return to the IAEA all nuclear materials and technology received from the IAEA, any Member State of the IAEA, or any Member State of the Nuclear Nonproliferation Treaty.
(b)
United States contributions—
(1)
Voluntary contributions— Voluntary contributions of the United States to the IAEA should primarily be used to fund activities relating to nuclear safety and security or activities relating to nuclear verification.
(2)
Limitation on use of funds— The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to—
(A)
ensure that funds for safeguards inspections are prioritized for countries that have newly established nuclear programs or are initiating nuclear programs; and
(B)
block the allocation of funds for any other IAEA development, environmental, or nuclear science assistance or activity to a country—
(i)
the government of which the Secretary has determined, for purposes of section 6(j) of the Export Administration Act of 1979, section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or other provision of law, is a government that has repeatedly provided support for acts of international terrorism and which the Secretary has determined has not dismantled its weapons of mass destruction programs and surrendered all related materials under international verification;
(ii)
that is under investigation for a breach of or noncompliance with its IAEA obligations or the purposes and principles of the Charter of the United Nations; or
(iii)
that is in violation of its IAEA obligations or the purposes and principles of the Charter of the United Nations.
(3)
Detail of expenditures— The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to secure, as part of the regular budget presentation of the IAEA to Member States of the IAEA, a detailed breakdown by country of expenditures of the IAEA for safeguards inspections and nuclear security activities.
(c)
Membership—
(1)
In general— The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to block the membership on the Board of Governors of the IAEA of a Member State of the IAEA that has not signed and ratified the Additional Protocol and—
(A)
is under investigation for a breach of or noncompliance with its IAEA obligations or the purposes and principles of the Charter of the United Nations; or
(B)
that is in violation of its IAEA obligations or the purposes and principles of the Charter of the United Nations.
(2)
Criteria— The United States Permanent Representative to the IAEA shall make every effort to modify the criteria for Board membership to reflect the principles described in paragraph (1).
(d)
Small quantities protocol— The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to make every effort to ensure that the IAEA changes the policy regarding the Small Quantities Protocol in order to—
(1)
rescind and eliminate the Small Quantities Protocol;
(2)
require that any IAEA Member State that has previously signed a Small Quantities Protocol to sign, ratify, and implement the Additional Protocol, provide immediate access for IAEA inspectors to its nuclear-related facilities, and agree to the strongest inspections regime of its nuclear efforts; and
(3)
require that any IAEA Member State that does not comply with paragraph (2) to be ineligible to receive nuclear material, technology, equipment, or assistance from any IAEA Member State and subject to the penalties described in subsection (a)(3).
(e)
Nuclear program of Iran—
(1)
United states action— The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to make every effort to ensure the adoption of a resolution by the IAEA Board of Governors that, in addition to the restrictions already imposed, makes Iran ineligible to receive any nuclear material, technology, equipment, or assistance from any IAEA Member State and ineligible for any IAEA assistance not related to safeguards inspections or nuclear security until the IAEA Board of Governors determines that Iran—
(A)
is providing full access to IAEA inspectors to its nuclear-related facilities;
(B)
has fully implemented and is in compliance with the Additional Protocol; and
(C)
has permanently ceased and dismantled all activities and programs related to nuclear-enrichment and reprocessing.
(2)
Penalties— If an IAEA Member State is determined to have violated the prohibition on assistance to Iran described in paragraph (1) before the IAEA Board of Governors determines that Iran has satisfied the conditions described in subparagraphs (A) through (C) of such paragraph, such Member State shall be subject to the penalties described in subsection (a)(3), shall be ineligible to receive nuclear material, technology, equipment, or assistance from any IAEA Member State, and shall be ineligible to receive any IAEA assistance not related to safeguards inspections or nuclear security until such time as the IAEA Board of Governors makes such determination with respect to Iran.
(f)
Report— Not later than 180 days after the date of the enactment of this Act, and annually for 2 years thereafter, the President shall submit to the appropriate congressional committees a report on the implementation of this section.

Sec. 803 Sense of Congress regarding the Nuclear Security Action Plan of the IAEA

It is the sense of Congress that the national security interests of the United States are enhanced by the Nuclear Security Action Plan of the IAEA and that the Board of Governors should recommend, and the General Conference should adopt, a resolution incorporating the Nuclear Security Action Plan into the regular budget of the IAEA.