Nuclear Export Reorganization Act of 1993

TABLE OF CONTENTS:

Title I: Amendments to the Nuclear Non-Proliferation Act of

1978

Title II: Initiatives to Strengthen Compliance

Title III: Amendments to the Atomic Energy Act of 1954

Title IV: Sanctions for Nuclear Proliferation

Title V: International Atomic Energy Agency

Title VI: Review of Plutonium Use Policy

Nuclear Export Reorganization Act of 1993 - Title I: Amendments to the Nuclear Non-Proliferation Act of 1978 - (Sec. 101) Amends the Nuclear Non-Proliferation Act of 1978 to revise requirements of the President's annual report on Government efforts to prevent nuclear proliferation.

(Sec. 102) Amends the National Security Act of 1947 to require the President to establish a Subgroup on Nuclear Export Coordination within the National Security Council.

Requires the Subgroup to: (1) serve as a forum for expressing the views of the constituent agencies with respect to the export of nuclear dual-use items; (2) review applications for the export of such items; (3) designate items for inclusion on the Nuclear Referral List; (4) facilitate the interagency process with respect to nuclear export licensing activities; and (5) undertake investigations with respect to such items.

Directs the Chairman of the Subgroup to publish an export control bulletin for purposes of informing the public about the risks of proliferation and efforts to eliminate such risks.

Requires the President to maintain a list of items whose export is controlled to be known as the Nuclear Referral List. Requires an individual validated license for the export of a listed item.

Subjects unlisted items that require a validated export license for national security reasons and are intended for nuclear-related end-uses to procedures applicable to listed items.

Requires an individual validated license for exports of any technical data or commodities where the exporter has reason to know that such data or commodities will be used in specified nuclear activities.

Makes the Secretary of Commerce responsible for processing export license applications for nuclear dual-use items before export from the United States or reexport from other countries.

Sets forth procedures for license approvals and denials. Bars the issuance of licenses without the concurrence of all Subgroup members.

(Sec. 103) Urges the President to encourage the development of a non-nuclear energy technology industry in the United States and to assist developing countries in acquiring such technologies.

Requires the President to review the adequacy of federally funded research and development activities in achieving objectives related to non-nuclear technologies.

Title II: Initiatives to Strengthen Compliance - (Sec. 201) Authorizes any U.S. person who finds that a foreign person has engaged in an activity outside the United States that is inconsistent with guidelines adopted by the United States and members of the Nuclear Suppliers Group with respect to exports of nuclear dual-use items to petition the Subgroup to investigate such activities. Requires the Subgroup, if the claims are sustained through evidence, to make a recommendation to the President regarding sanctions.

(Sec. 202) Directs the Subgroup to develop guidelines to serve as a basis for the adoption of voluntary codes of conduct by companies that engage in exports of dual-use items.

Requires the Subgroup to undertake a review of the circumstances under which certain dual-use goods could be exported under licenses other than an individual validated license without jeopardizing national security or interest.

Authorizes the Secretary to issue such licenses.

Permits the Subgroup to issue advisory opinions to any person as to whether an activity would subject the person to sanctions under existing nuclear export control laws.

Authorizes the Subgroup to implement procedures to expedite the approvals of licenses for dual-use items to be exported to countries that are unlikely to become engaged in nuclear proliferation activities.

Title III: Amendments to the Atomic Energy Act of 1954 - (Secs. 301 through 303) Amends the Atomic Energy Act of 1954 to require the concurrence of the Department of Defense in certain activities involving nuclear exports, including approval of nuclear cooperation agreements and authorizations to produce nuclear material outside of the United States.

Title IV: Sanctions for Nuclear Proliferation - (Sec. 401) Requires the President to prohibit the procurement of goods or services from any foreign or U.S. person who has materially and with requisite knowledge contributed, through the exports of goods or technology, to the efforts by any individual, group, or non-nuclear weapon state to acquire unsafeguarded special nuclear material or to use, develop, stockpile, or acquire any nuclear explosive device.

Requires the President to impose sanctions unless he certifies to the Congress that a government has taken actions to terminate the involvement of a foreign person in such activities.

Exempts certain products or services from sanctions, including essential defense articles and services, products and services provided under existing contracts, essential technology or information, and humanitarian items.

Applies sanctions for at least 12 months and terminates sanctions only if the President certifies to the Congress that a person has ceased to, and will not in the future, aid in such prohibited activities.

Grants the President waiver authority with respect to such sanctions.

(Sec. 402) Amends the Arms Export Control Act to prohibit sales or leases of defense articles or services to any country that is in breach of its commitments to the United States under international agreements concerning nuclear nonproliferation.

Amends the Foreign Assistance Act of 1961 to authorize the President to waive a prohibition on assistance to countries engaging in certain nuclear enrichment transfers with respect to Pakistan if to do so is in the national interest.

(Sec. 403) Requires the Secretary of the Treasury to instruct the U.S. executive directors of specified international institutions to oppose any use of funds to promote the acquisition of unsafeguarded special nuclear material or the development, stockpiling, or use of nuclear explosive devices by non-nuclear weapon states.

(Sec. 405) Amends the Federal Deposit Insurance Corporation Improvement Act of 1991 to impose specified prohibitions on financial institutions that the President has determined have materially and with requisite knowledge contributed to the efforts by any individual, group, or non-nuclear weapon state to acquire unsafeguarded nuclear material or to use, develop, stockpile, or acquire any nuclear explosive device.

Authorizes the President to waive a prohibition under certain circumstances.

(Sec. 406) Amends the Export-Import Bank Act to prohibit Export-Import Bank assistance to any country that has aided or abetted a non-nuclear weapon state in acquiring a nuclear explosive device or unsafeguarded nuclear material.

(Sec. 407) Amends the Foreign Assistance Act of 1961 to include within the list of activities that makes a country subject to sanctions the transfer or receipt (by a non-nuclear weapon state) of design information or components important for the development of a nuclear explosive device. Lists such sanctions.

Title V: International Atomic Energy Agency - (Sec. 501) Expresses the sense of the Congress that the United States should negotiate with other nations to achieve specified nuclear nonproliferation and safeguard objectives to enhance confidence in International Atomic Energy Agency (IAEA) safeguards and halt nuclear proliferation.

(Sec. 502) Urges the President to negotiate with other nations to promote the early adoption of reforms in the implementation of IAEA safeguards.

Title VI: Review of Plutonium Use Policy - (Sec. 602) Directs the President to report to the Congress on modifying policy that currently provides that the United States will not inhibit plutonium use in nations where it does not constitute a proliferation risk.