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Update on Activity in the 108th Congress Affecting U.S.-Former Soviet Union Cooperative Nonproliferation Programs William Hoehn January 31, 2003 Contents: *** There has been no action to date on any of the fiscal year 2004 appropriations legislation or any of the related annual bills (such as the annual defense authorization act) which typically provide funding and policy guidance for these programs. *** Other Legislation H.R. 182 - Threat Reduction Implementation Act of 2003. Introduced January 7, 2003 by Rep. Adam Schiff (D-CA). Representatives Spratt (D-SC), Tauscher (D-CA), Edwards (D-TX), Crowley (D-NY), McDermott (D-WA), Berman (D-CA), Frank (D-MA), Shays (R-CT), Harman (D-CA), and Brown (D-OH) co-sponsoring. Referred to the House Armed Services Committee and the Committee on International Relations. The purpose of this legislation is simple and straightforward: to provide permanent authority to the President to waive the certification criteria for nations to receive Cooperative Threat Reduction assistance and other assistance under the FREEDOM Support Act. The bill would amend Sec. 1306 of the fiscal year (FY) 2003 National Defense Authorization Act - which provides a presidential waiver for fiscal years 2003, 2004, and 2005 - by making the authority permanent, but it would not amend other provisions of that section requiring the President to justify the waiver in writing and submit a report on the plan to encourage the states needing the exemption to come into compliance with the certification criteria. H.R. 182 would also make permanent the authority to the President to waive the restrictions on the use of funds for construction of a chemical weapons destruction facility in Shchuch’ye, Russia. Section 8144 of the fiscal year 2003 Defense Appropriations Act currently provides the President with a one-year waiver that has already been exercised. S. 6 - To Enhance Homeland Security and for Other Purposes. Introduced January 7, 2003 by Senator Daschle (D-SD). Senators Akaka (D-HI), Biden (D-DE), Clinton (D-NY), Corzine (D-NJ), Durbin (D-IL), Jeffords (I-VT), Tim Johnson (D-SD), Kennedy (D-MA), Leahy (D-VT), Levin (D-MI), Lieberman (D-CT), Murray (D-WA), Reid (D-NV), Rockefeller (D-WV), Schumer (D-NY), and Stabenow (D-MI) co-sponsoring. Referred to the Committee on the Judiciary. Title IX of this bill addresses a range of issues relating to the security and nonproliferation of weapons of mass destruction. The provisions of Title IX are explained by section below: Section 901: Establishes a “sense of Congress” on the potential global threat of radiological and nuclear materials - other than highly enriched uranium and plutonium - and encourages the President to develop and carry out a program to minimize these threats in consultation with other G-8 nations. In addition, the State Department is instructed - in consultation with the Energy Department and the Nuclear Regulatory Commission - to implement a program to secure, consolidate, and eliminate these materials that are located outside of the United States. This section goes on to define specific elements of the proposed program, including: a prioritization of materials; estimates of the number of sites where radiological materials and nuclear waste are present; descriptions of the security upgrades required at each location; assessments of the costs and legal impediments to such upgrades; and the potential cost-sharing arrangements with other nations and entities. One year following the enactment of this legislation, the State Department is to submit a report on the program’s status, including details on the funds required to implement the program and the participation of other G-8 countries in this effort. Lastly, this section authorizes an appropriation of $50.0 million to the State Department for the program, of which $10.0 million is designated for program development, and $40.0 million for program activities and implementation. (Fifty percent of any unspent balances on the latter amount that exist after the program’s first year will be restricted from obligation until there is a secured commitment from other countries to cover 50% of the program costs in the second year.) In addition, $10.0 million is authorized for the DOE and $10.0 million for the NRC to provide technical assistance to the program. Section 902: Authorizes $40.0 million for the State Department to assist the International Atomic Energy Agency (IAEA) in improving safeguard activities at foreign nuclear facilities, as well as with its inspection and monitoring capabilities to ensure nations are complying with their Non-Proliferation Treaty obligations. Funding of $35.0 million is provided to the Energy Department to render similar assistance to the IAEA. Congress is to be notified by report when any obligation of this funding is made. Section 903: Authorizes the Secretary of State - in consultation with the DOD, DOE, NRC, IAEA, and G-8 governments - to implement and encourage international adoption of the IAEA physical protection standards for HEU and plutonium (INFCIRC/225/Rev.4) or an equivalent standard. This provision would allow the use of “targeted incentives” to persuade countries that cannot meet the standard to relinquish their HEU and plutonium stocks. Some incentives could include security upgrades to the storage facilities or outright purchase and removal of the materials from the country in question, decommissioning of nuclear material facilities, and conversion of research reactors utilizing HEU to low-enriched fuel options. The bill would also provide $60.0 million to the State Department to assist the IAEA in implementing the program and for funding the incentives described above. However, no more than $30.0 million may be used for providing incentives until the IAEA achieves commitments from the international community to match or exceed that amount for this program. Section 904: This section authorizes an additional $20.0 million to the Energy Department to expand and accelerate the international nuclear material protection, control, and accounting (MPC&A) program. The language gives the head of the National Nuclear Security Administration (DOE) to use the funds for any of the following: accelerating ongoing MPC&A projects; responding to emergency or unforeseen program needs; promoting sustainability and maintenance of installed MPC&A systems; or facilitating cooperative development of new security technologies and methodologies at sties covered by the program. Section 905: Directs the President to begin a program within 60 days of enactment of the legislation to improve WMD export control systems and border security capabilities in Russia, former Soviet states, Eastern European countries, and any other nation deemed appropriate. The Secretary of State will bear primary responsibility for coordinating the program, which will include the participation of the Departments of State, Defense, and Energy, along with the Customs Bureau, and any other federal agency the President considers appropriate. Representatives from each of these agencies will be designated to participate in a coordinating council for the program. This council will develop a program plan that specifies responsibilities and budgetary requirements for each agency, and that - to the maximum extent possible - minimizes duplication of activities and responsibilities between the participating agencies. The bill authorizes $50.0 million to the State Department conduct the program, including authority to transfer funds to the other agencies involved in the effort in order to offset their costs of participating. In addition, the bill requires the President to submit a separate statement with the annual budget request to Congress specifying the amounts required by each agency to fulfill its share of the program plan. Section 906: Directs the Secretary of Energy to work with the Russian Minister of Atomic Energy to work to designate one or more Russian nuclear weapons assembly/disassembly facilities for conversion to non-defense work. Within two months of agreement on the facility to be converted, the Energy Secretary will create a commission - that includes U.S. and Russian representatives - to provide advice and recommendation on the shut-down and conversion plans for the selected facility(ies). Within six months of selection of the facility, the commission will put forward a proposed shut-down and conversion plan for the site, which will be submitted to the DOE Secretary and the head of Minatom. Within nine months, the Energy Secretary and the Minister of Atomic Energy will develop a final plan that spells out: milestones for shut-down or conversion of the facility to alternative, peaceful work; assurances on U.S. access to the site to implement the plan; an estimate of the costs by the U.S. and Russia under the plan; a Russian commitment to contribute at least 15% to the plan; and a resolution of any liability or taxation issues that could impede implementation of the plan. Other plan elements may include: a retraining program for facility employees; economic incentives to attract commercial investments in conversion of the facility; a designation of site preparation needs; a description of any necessary technical exchange and training programs; promotional or marketing plans; a designation of necessary expert advice in legal, business, or other matters; and needs for start-up capital, loans, grants or other financing. The bill authorizes $60.0 million for the DOE to carry out this program - which includes authority to use $4.0 million for commission-related costs. However, use of the funding is strictly conditioned: no funds may be provided for conversion or shut-down of designated Russian facilities unless the deadlines for the commission’s proposed plan and the final re-use plan are both met. Section 907: Permits any department or agency of the U.S. government to support non-defense research and development by nuclear, chemical, and biological weapons scientists in Russia and the FSU on technologies relating to environmental restoration and monitoring, proliferation detection, health and medicine, and energy. Funds may not be utilized, however, if it is determined that the R&D being supported will pose a threat to U.S. interests or contribute to defense-related technologies or applications. A total of $20.0 million is provided to the State Department to make these determinations, and to defray the costs incurred by any department in supporting the R&D projects described above. Section 908: Provides $25.0 million in additional funding to the Energy Department’s Initiative for Proliferation Prevention (IPP) program to be used specifically for activities at Russian nuclear weapon assembly/disassembly facilities targeted for shut-down or conversion under the program described above in section 906. Section 909: Authorizes an additional $40.0 million for the Energy Department to accelerate the disposition of highly-enriched uranium in Russia in accordance with the terms of section 3157 of the Fiscal Year 2003 National Defense Authorization Act. [Section 3157 allows for the U.S. to pursue options with Russia for accelerated HEU downblending, including the use of additional blending facilities and additional centralized secure storage - in buildings that have received complete MPC&A security upgrades - of HEU designated for downblending. The legislation authorizes $10.0 million for carrying out these activities, and includes other provisions to avoid disrupting uranium markets and the current HEU Purchase Agreement.] Section 910: Authorizes $15.0 million in additional funding to the CTR program to accelerate efforts to secure and destroy former chemical weapons facilities and infrastructure in the former Soviet Union. Section 911: Authorizes $25.0 million in additional funding to the CTR program to accelerate activities centered on accounting for, securing, consolidating, and destroying biological materials in Russia and the former Soviet Union. As part of these efforts, the Defense Department is permitted to enter into cooperative non-defense research agreements with former biological weapons scientists and institutes in the FSU. Section 912: Consists of two parts: First, the bill requires a report from the President within six months on issues relating to the Russian tactical nuclear weapon stockpile, including: a description of the number, location, condition, and security of these weapons; an assessment of the threat posed by the weapons, and a plan for working cooperatively with Russia to secure, consolidate, and (as appropriate) dismantle its tactical warheads. Secondly, based on this report, the Energy and Defense Secretaries will work with Russia to form a joint program on the security, consolidation, and dismantlement of the Russian tactical nuclear weapons. This section authorizes a total of $50.0 million, to be divided evenly between the Energy and Defense Department, for activities in this area. Section 913: This section repeals the restrictions and certification criteria for recipient states to receive Cooperative Threat Reduction assistance, as well as the eligibility criteria for states to receive assistance under the FREEDOM Support Act. This section also repeals language in the FY 2000 defense authorization act prohibiting obligation or expenditure of funds for planning, design, or construction of a chemical weapons destruction facility in Russia Finally, all funding authorized under Title IX is to remain available for the specified purposes until expended. S. 3121 - Nuclear and Radiological Terrorism Threat Reduction Act. Introduced October 16, 2002 by Senator Biden (D-DE). Senators Lugar (R-IN), Domenici (R-NM), Clinton (D-NY), Gregg (R-NH), and Schumer (D-NY) original co-sponsors. Referred to the Senate Foreign Relations Committee. To be “re-introduced soon” in the 108th Congress. This bill presents a series of findings related to the insecurity and proliferation of radiological and nuclear materials: that it “is feasible” for terrorists to utilize radiological dispersal devices (RDDs); that it “is not difficult for terrorists” to improvise a nuclear weapon once they acquire the requisite HEU or plutonium; that terrorist use of RDDs or an improvised nuclear device are “plausible” scenarios and could cause catastrophic damage; and that the first line of defense against these risks is preventing terrorists from acquiring radioactive materials, HEU, plutonium or working nuclear weapons. The bill then lays out a series of responses for the United States to address these threats, including the following: International repositories: Authorizes the Secretary of State to propose that the IAEA conclude agreements with up to five countries in which each would provide temporary secure storage for orphaned, unused, and other radioactive materials (besides special nuclear materials - HEU or plutonium). The bill also authorizes the State Department to provide funds for its share of the program (100% in FY 2003) provided the IAEA agrees to adopt the stricter of U.S. or IAEA protection standards for each facility. A total of $5.0 million is authorized for FY 2003, with $20.0 million per year in subsequent years until program completion. Further, the State Department is permitted to provide technical assistance - in consultation with the DOE and the NRC - to this effort, and exempts all program activities from provisions of the National Environmental Policy Act. Radioactive source discovery, inventory, and recovery: The bill authorizes $5.0 million per year between FY 2003 through 2012 for a program of contributions to the IAEA in support of international radioactive source discovery, inventory, and recovery. Radioisotope thermal generator-powered facilities in the Independent States of the Former Soviet Union: Authorizes the State Department to assist Russia in deploying non-nuclear power sources to replace radioisotope thermal generator (RTG) units that are located throughout the former Soviet Union. The replacement sources should to the maximum practicable extent be based on technologies that have operated under similar conditions for one full year. Funding of $10.0 million per year for fiscal years 2003, 2004, and 2005 is authorized, with an allowance that up to 20% of the funds may be used countries outside of the former Soviet states. Foreign first responders: Authorizes the State Department, either directly or through the IAEA, to conclude agreements with other countries to provide specialized training to their “first responder” units in the areas of radioactive materials, contamination, and risks. Funding of $2.0 million is provided in FY 2003, with $5.0 million per year authorized for fiscal year 2004 and 2005. Threat assessment report: Within 180 days of enactment, this legislation would require the State Department to submit a report to Congress detailing the preparations made to detect and mitigate possible radiological weapons attacks at U.S. diplomatic missions and other facilities abroad controlled by the State Department, as well as a rank-ordered list for defending and responding to such attacks at these facilities. The report should also include a proposed budget to make any necessary improvements at these locations. Special representative for inspections of nuclear and radiological materials: Authorizes the creation within the State Department of a Special Representative for Inspections of Nuclear and Radiological Materials to be appointed by the President. This individual would have primary responsibility for assisting the Secretary of State in negotiating agreements to ensure adequate inspection abroad of nuclear and radiological cargoes destined for the United States, and on any other agreements relating to the control of radioactive materials. The Special Representative is also directed to cooperate with and accept assistance from the U.S. Customs Service in negotiating such agreements. Research and development Grants: The Director of the National Science Foundation (NSF) is instructed to implement an award program that would provide grants for university-based research into a range of areas relating to radiological or nuclear attacks, including:
A total of $10.0 million is to be provided to the NSF and $5.0 million to the DOE to carry out this program over the FY 2003-2008 time period. Study and reports by the National Academy of Sciences: Within 90 days of enactment of this legislation, the Secretary of State is directed to contract with the National Academy of Sciences (NAS) to produce a study on the industrial uses of radioactive sources, and the potential for their replacement with other materials. Within six months of the contract, the NAS is to provide an initial report to the State Department and Congress, and deliver the final report within the following three months. |
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