22 U.S.C. § 3224 — Reevaluation of nuclear fuel cycle

Page 1319 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3224 and environmentally sound approaches for the siting, development, and management under effective international auspices and inspection of facilities for the provision of nuclear fuel services, including the storage of special nu- clear material; (4) the establishment of repositories for the storage of spent nuclear reactor fuel under ef- fective international auspices and inspection; (5) the establishment of arrangements under which nations placing spent fuel in such re- positories would receive appropriate com- pensation for the energy content of such spent fuel if recovery of such energy content is deemed necessary or desirable; and (6) sanctions for violation of the provisions of or for abrogation of such binding inter- national undertakings. (b), (c) Omitted (d) Adherence of nations to policies designed to prevent proliferation The fuel assurances contemplated by this sec- tion shall be for the benefit of nations that ad- here to policies designed to prevent prolifera- tion. In negotiating the binding international undertakings called for in this section, the President shall, in particular, seek to ensure that the benefits of such undertakings are avail- able to non-nuclear-weapon states only if such states accept IAEA safeguards on all their peaceful nuclear activities, do not manufacture or otherwise acquire any nuclear explosive de- vice, do not establish any new enrichment or re- processing facilities under their de facto or de jure control, and place any such existing facili- ties under effective international auspices and inspection. (e) Report on progress of negotiations The report required by section 3281 of this title shall include information on the progress made in any negotiations pursuant to this section. (f) Congressional approval of non-treaty inter- national undertakings; submission of pro- posals (1) The President may not enter into any bind- ing international undertaking negotiated pursu- ant to subsection (a) which is not a treaty until such time as such proposed undertaking has been submitted to the Congress and has been ap- proved by concurrent resolution. (2) The proposals prepared pursuant to sub- section (b) shall be submitted to the Congress as part of an annual authorization Act for the De- partment of Energy. (Pub. L. 95–242, title I, § 104, Mar. 10, 1978, 92 Stat. 122.) Editorial Notes CODIFICATION Subsec. (b) of this section, directed the President to submit to Congress not later than six months after Mar. 10, 1978, proposals for initial fuel assurances, in- cluding creation of an interim stockpile of uranium en- riched to less than 20 percent in the uranium isotope 235 (low-enriched uranium) to be available for transfer pursuant to a sales arrangement to nations which ad- here to strict policies designed to prevent proliferation when and if necessary to ensure continuity of nuclear fuel supply to such nations, which submission was to include proposals for the transfer of low-enriched ura- nium up to an amount sufficient to produce 100,000 MWe years of power from light water nuclear reactors, and also to include proposals for seeking contributions from other supplier nations to such an interim stock- pile pending the establishment of INFA. Subsec. (c) of this section, which directed the Presi- dent, in the report required by section 103 of Pub. L. 95–242, title I, Mar. 10, 1978, 92 Stat. 122, formerly set out as a note under section 3222 of this title, to also ad- dress the desirability of and options for foreign partici- pation, including investment, in new United States uranium enrichment facilities, the arrangements that would be required to implement such participation, and the commitments that would be required as a condition of such participation, was omitted in view of the omis- sion of section 103 of Pub. L. 95–242. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Mar. 10, 1978, except as otherwise provided and regardless of any requirements for the promulgation of implementing regulations, see section 603(c) of Pub. L. 95–242, set out as a note under section 3201 of this title. Executive Documents DELEGATION OF FUNCTIONS Secretary of State responsible for performing func- tions vested in President under subsecs. (a) and (d), see section 2(a) of Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out as a note under section 3201 of this title. § 3224. Reevaluation of nuclear fuel cycle The President shall take immediate initia- tives to invite all nuclear supplier and recipient nations to reevaluate all aspects of the nuclear fuel cycle, with emphasis on alternatives to an economy based on the separation of pure pluto- nium or the presence of high enriched uranium, methods to deal with spent fuel storage, and methods to improve the safeguards for existing nuclear technology. The President shall, in the first report required by section 3281 of this title, detail the progress of such international re- evaluation. (Pub. L. 95–242, title I, § 105, Mar. 10, 1978, 92 Stat. 123.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Mar. 10, 1978, except as otherwise provided and regardless of any requirements for the promulgation of implementing regulations, see section 603(c) of Pub. L. 95–242, set out as a note under section 3201 of this title. Executive Documents DELEGATION OF FUNCTIONS Secretary of State responsible for performing func- tions vested in President under this section, see section 2(a) of Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out as a note under section 3201 of this title. Page 1320 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3224a § 3224a. Studies and agreements by Secretary of Energy on multinational or international basis concerning spent fuel storage facilities and transportation systems; congressional consent; authorization of appropriations; limitations on use of funds; exceptions; spe- cial nuclear material for India Department of Energy is hereby authorized to undertake studies, in cooperation with other na- tions, on a multinational or international basis designed to determine the general feasibility of expanding capacity of existing spent fuel stor- age facilities; to enter into agreements, subject to the consent of the Congress (by joint or con- current resolution or legislation hereafter en- acted), with other nations or groups of nations, for providing appropriate support to increase international or multinational spent fuel stor- age capacity; to conduct studies on the feasi- bility of establishing regional storage sites; and to conduct studies on international transpor- tation and storage systems. For the purpose of carrying out the provisions of this section, there is included in subsection 101(20) of this Act au- thorization of appropriations in the amount of $20,000,000: Provided, That, notwithstanding any other provision of law, that none of the funds made available to the Secretary of Energy under any other authorization or appropriation Act shall be used, directly or indirectly, for the re- purchase, transportation or storage of any for- eign spent nuclear fuel (including any nuclear fuel irradiated in any nuclear power reactor lo- cated outside of the United States and operated by any foreign legal entity, government or non- government, regardless of the legal ownership or control of the fuel or the reactor, and regardless of the origin or licensing of the fuel or the reac- tor, but not including fuel irradiated in a re- search reactor, and not including fuel irradiated in a power reactor if the President determines that (1) use of funds for repurchase, transpor- tation or storage of such fuel is required by an emergency situation, (2) it is in the interest of the common defense and security of the United States to take such action, and (3) he notifies the Congress of the determination and action, with a detailed explanation and justification thereof, as soon as possible) unless the President formally notifies, with the report information specified herein, the Committee on Energy and Natural Resources of the Senate and the Com- mittee on Science, Space, and Technology of the House of Representatives of such use of funds thirty calendar days, during such time as either House of Congress is in session, before the com- mitment, expenditure, or obligation of such funds: And provided further, That, notwith- standing any other provision of law, that none of the funds appropriated pursuant to this Act or any other funds made available to the Sec- retary of Energy under any other authorization or appropriation Act shall be used, directly or indirectly, for the repurchase, transportation, or storage of any such foreign spent nuclear fuel for storage or other disposition, interim or per- manent, in the United States, unless the use of the funds for that specific purpose has been (1) previously and expressly authorized by Congress in legislation hereafter enacted, (2) previously and expressly authorized by a concurrent resolu- tion, or (3) the President submits a plan for such use, with the report information specified here- in, thirty days during which the Congress is in continuous session, as defined in the Impound- ment Control Act of 1974 [2 U.S.C. 681 et seq.], prior to such use and neither House of Congress approves a resolution of disapproval of the plan prior to the expiration of the aforementioned thirty-day period. If such a resolution of dis- approval has been introduced, but has not been reported by the Committee on or before the twentieth day after transmission of the Presi- dential message, a privileged motion shall be in order in the respective body to discharge the Committee from further consideration of the resolution and to provide for its immediate con- sideration, using the procedures specified for consideration of an impoundment resolution in section 1017 of the Impoundment Control Act of 1974 (31 U.S.C. 1407) [2 U.S.C. 688]. Any report or plan proposed under this proviso shall include information and any supporting documentation thereof relating to policy objectives, technical description and discussion, geographic informa- tion, cost data, justification and projections, legal and regulatory considerations, environ- mental impact information and any related bi- lateral or international agreements, arrange- ments or understandings: And provided further, That nothing contained in this section shall be construed in any executive branch action, ad- ministrative proceeding, regulatory proceeding, or legal proceeding as being intended to delay, modify, or reverse the Memorandum and Order of the Nuclear Regulatory Commission of June 28, 1977, for the issuance of License No. XSNM–845 to the agent-applicant for the Gov- ernment of India and the subsequent export thereby licensed of the special nuclear material to be used as fuel for the Tarapur Atomic Power Station or any other order of the Nuclear Regu- latory Commission to issue a license for the ex- port of special nuclear material and subsequent exports thereby licensed, or any consideration by the Nuclear Regulatory Commission of a li- cense application for the export of special nu- clear material. (Pub. L. 95–238, title I, § 107, Feb. 25, 1978, 92 Stat. 55; Pub. L. 103–437, § 9(c), Nov. 2, 1994, 108 Stat. 4588.) Editorial Notes REFERENCES IN TEXT Section 101(20) of this Act, referred to in text, is sec- tion 101(20) of Pub. L. 95–238, title I, Feb. 25, 1978, 92 Stat. 48, which authorized appropriations for fuel cycle research and development and which was not classified to the Code. Pub. L. 95–238 is known as the Department of Energy Act of 1978—Civilian Applications. The Impoundment Control Act of 1974, referred to in text, is parts A and B of title X of Pub. L. 93–344, July 12, 1974, 88 Stat. 332, which is classified principally to subchapters I (§ 681) and II (§ 682 et seq.) of chapter 17B of Title 2, The Congress. For complete classification of this Act to the Code, see Short Title note set out under section 681 of Title 2 and Tables. CODIFICATION Section was enacted as part of the Department of En- ergy Act of 1978—Civilian Applications, and not as part