Nuclear Explosives Control Act of 1985

Nuclear Explosives Control Act of 1985 - Amends the Nuclear Non-Proliferation Act of 1978 to prohibit the export of any major critical component for, and of any sensitive nuclear technology important to, the enrichment of uranium or other isotopic separation of special nuclear material, nuclear fuel reprocessing, or heavy water production, except under certain international cooperation agreements.

Amends the Atomic Energy Act of 1954 to authorize the Secretary of Energy to approve, under an international agreement, the reprocessing, or the use or retransfer of any plutonium resulting from such reprocessing, of any special nuclear material exported from the United States or produced through the use of U.S. exported equipment, materials, or technology, only if: (1) the end use of the reprocessed or retransferred material involves research, development, or demonstration in a facility that is currently operating or that is under construction and is located in a nuclear weapon state or a state which abides by International Atomic Energy Agency (IAEA) safeguards; (2) there are no already existing stocks of separated plutonium reasonably available for the end use requested; (3) in the case of requests for reprocessing, the reprocessing will take place in a facility described in clause (1); and (4) adequate security measures will be maintained. Requires such conditions to continue in effect until the Congress enacts a joint resolution declaring that: (1) effective international safeguards that detect diversions will be applied; and (2) effective international sanctions against violations of nonproliferation commitments have been established to deter diversions.

Authorizes the Nuclear Regulatory Commission (NRC) to issue export licenses for highly enriched uranium for nuclear reactors only if: (1) there is no alternative nuclear reactor fuel available; (2) the proposed recipient of the uranium has indicated that it will use an alternative nuclear reactor fuel when one becomes available; and (3) the executive branch is developing an alternative nuclear reactor fuel.

Requires the NRC to determine a kilogram limit on the amount of highly enriched uranium of U.S. origin that will be allowed at any one time in each foreign country and at each reactor site in each such country.

Directs the President to submit to the Congress within three months of enactment of this Act a plan for the development and use of alternative nuclear reactor fuels for all reactors which are operated with highly enriched uranium exported from the United States.

Prohibits the Secretary of Energy from entering into a subsequent arrangement for the retransfer for reprocessing of any special nuclear material exported by the United States or produced through U.S. exports or for the subsequent retransfer of any large amount of plutonium resulting from the reprocessing of such material unless the nation requesting such arrangement agrees that: (1) it will not, without prior U.S. approval, substitute any special nuclear material which is not subject to the Atomic Energy Act of 1954 for any such material subject to the subsequent arrangement; and (2) if such substitution is approved by the United States, the substituted special nuclear material shall be subject to the same requirements as the other material.

Amends the Nuclear Non-Proliferation Act of 1978 to require the Secretary of State to enter into international agreements under which the non-U.S. party agrees not to obtain or use any facility for nuclear fuel reprocessing or uranium enrichment and not to seek access to or use separated plutonium or plutonium based fuels and the United States agrees to: (1) provide assured enrichment services at a discount; (2) provide an additional discount to any nation for the enrichment of uranium which such nation agrees to use in improved power reactor fuel; (3) authorize the export of a lifetime supply of low-enriched fuel under a single export license covering all power reactors in such nation subject to specified conditions; and (4) enter into a technical cooperation and assistance program. Directs the Secretary of Energy to submit to the Congress, within three months of enactment of this Act, a plan to implement such fuel assurance and energy assistance program. Authorizes appropriations for such plan development and program.

Authorizes appropriations for providing technical assistance to nonnuclear-weapon states in spent fuel storage and disposal pursuant to the Nuclear Waste Policy Act of 1982.

Amends the Nuclear Non-Proliferation Act of 1978 to authorize appropriations for energy assistance to developing countries.

Directs the NRC and the executive branch to support efforts to improve physical security arrangements for nuclear exports. Authorizes appropriations for such efforts.

Directs the President to include in the annual report to Congress on nuclear nonproliferation a description of the progress made in negotiating fuel assurance and technical assistance agreements.

Amends the Atomic Energy Act of 1954 to prohibit any person from engaging in the production of special nuclear material unless: (1) there is an agreement for cooperation with the applicable country; and (2) authorized by the Secretary of Energy. Requires such authorization to be published in the Federal Register. Requires information on such authorizations to be included in the President's annual report to Congress on nonproliferation pursuant to the Nuclear Non-Proliferation Act of 1978.

Makes authorizations for the production of special nuclear material outside the United States effective with respect to a non-nuclear-weapon state only if the Secretary of Energy determines that such state adheres to the criteria governing U.S. nuclear exports for peaceful uses. Requires the Secretary of Energy to publish and submit to the President any recommendation for such an authorization with respect to a non-nuclear-weapon state which does not adhere to such criteria.

Authorizes the Secretary of State and the Secretary of Energy to submit to the President a proposed agreement for nuclear cooperation only if the Secretary of Defense has found that the proposed agreement will not be inimical to U.S. security.

Authorizes the Secretary of State to notify the NRC of the judgment of the executive branch with respect to an export license for nuclear material only if the Secretary of Defense agrees with the proposed executive branch judgment. Authorizes the Secretary of Energy to enter into a proposed subsequent arrangement only if the Secretary of Defense: (1) finds that such arrangement will not be inimical to U.S. security; and (2) with respect to reprocessing arrangements, finds that the proposed reprocessing or retransfer will not result in a significant increase of the risk of proliferation.

Prohibits the Secretary of Commerce from issuing an export license for the export to a nonnuclear-weapon state of goods or technology which will be used in a nuclear production or utilization facility or which are likely to be used in the design, construction, operation, or maintenance of such a facility unless the Secretary of Energy makes a specified determination.

Changes the criteria for permitting the export of certain components for nuclear facilities. Permits such exports if the NRC finds that the issuance of an appropriate export license will not endanger national security and the NRC issues such an export license after finding that the nations to which such components will be exported: (1) has an agreement for cooperation with the United States; (2) adheres to certain IAEA safeguards; and (3) adheres to specified criteria governing U.S. nuclear exports.

Prohibits the transfer or retransfer of any source or special nuclear material, any production or utilization facility or related technology, any sensitive nuclear technology, or any component, item, or substance determined to have significance for nuclear explosive purposes unless authorized under an agreement for cooperation. Requires such activities to be considered exports for purposes of licensing requirements and procedures.

Adds prohibitions against the issuance of an export license for the export of goods or technology related to a nuclear production or utilization facility and against the authorization of otherwise prohibited nuclear exports with respect to nations that engage in specified conduct. Changes the method by which the Congress may disapprove a presidential waiver of such prohibition.