22 U.S.C. § 3203 — Definitions

Page 1317 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3203 1 So in the original. Probably should be ‘‘section 109(b)’’. 146, 147, 148, and 148, 22 U.S.C. 3223(a), 3223(d), 3224, and 42 U.S.C. 2153b, 2153c, 2153e, and 22 U.S.C. 3261). (b) That function vested by Section 128a(2) of the 1954 Act (92 Stat. 137, 42 U.S.C. 2157(a)(2)). (c) That function vested by Section 601 of the Act [section 3281 of this title] to the extent it relates to the preparation of an annual report. (d) The preparation of timely information and rec- ommendations related to the President’s functions vested by Sections 126, 128b, and 129 of the 1954 Act (92 Stat. 131, 137, and 138, 42 U.S.C. 2155, 2157, and 2158). (e) That function vested by Section 131c of the 1954 Act (92 Stat. 129, 42 U.S.C. 2160(c)); except that, the Sec- retary shall not waive the 60-day requirement for the preparation of a Nuclear Non-Proliferation Assessment Statement for more than 60 days without the approval of the President. SEC. 3. Department of Commerce. The Secretary of Commerce shall be responsible for performing the func- tion vested in the President by Section 309(c) of the Act (92 Stat. 141, 42 U.S.C. 2139a). SEC. 4. Coordination. In performing the functions as- signed to them by this Order, the Secretary of Energy and the Secretary of State shall consult and coordinate their actions with each other and with the heads of other concerned agencies. SEC. 5. General Provisions. (a) Executive Order No. 11902 of February 2, 1976, entitled ‘‘Procedures for an Export Licensing Policy as to Nuclear Materials and Equipment,’’ is revoked. (b) The performance of functions under either the Act or the 1954 Act shall not be delayed pending the devel- opment of procedures, even though as many as 120 days are allowed for establishing them. Except where it would be inconsistent to do so, such functions shall be carried out in accordance with procedures similar to those in effect immediately prior to the effective date of the Act. JIMMY CARTER. § 3202. Congressional statement of purpose It is the purpose of this chapter to promote the policies set forth above by— (a) establishing a more effective framework for international cooperation to meet the en- ergy needs of all nations and to ensure that the worldwide development of peaceful nuclear activities and the export by any nation of nu- clear materials and equipment and nuclear technology intended for use in peaceful nu- clear activities do not contribute to prolifera- tion; (b) authorizing the United States to take such actions as are required to ensure that it will act reliably in meeting its commitment to supply nuclear reactors and fuel to nations which adhere to effective non-proliferation policies; (c) providing incentives to the other nations of the world to join in such international co- operative efforts and to ratify the Treaty; and (d) ensuring effective controls by the United States over its exports of nuclear materials and equipment and of nuclear technology. (Pub. L. 95–242, § 3, Mar. 10, 1978, 92 Stat. 120.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 95–242, Mar. 10, 1978, 92 Stat. 120, known as the Nuclear Non-Proliferation Act of 1978. For complete classification of this Act to the Code, see Short Title note set out under section 3201 of this title and Tables. 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. § 3203. Definitions (a) As used in this chapter, the term— (1) ‘‘Commission’’ means the Nuclear Regu- latory Commission; (2) ‘‘IAEA’’ means International Atomic En- ergy Agency; (3) ‘‘nuclear materials and equipment’’ means source material, special nuclear mate- rial, production facilities, utilization facili- ties, and components, items or substances de- termined to have significance for nuclear ex- plosive purposes pursuant to subsection 109b 1 of the 1954 Act [42 U.S.C. 2139(b)]; (4) ‘‘physical security measures’’ means measures to reasonably ensure that source or special nuclear material will only be used for authorized purposes and to prevent theft and sabotage; (5) ‘‘sensitive nuclear technology’’ means any information (including information incor- porated in a production or utilization facility or important component part thereof) which is not available to the public and which is impor- tant to the design, construction, fabrication, operation or maintenance of a uranium en- richment or nuclear fuel reprocessing facility or a facility for the production of heavy water, but shall not include Restricted Data con- trolled pursuant to chapter 12 of the 1954 Act [42 U.S.C. 2161 et seq.]; (6) ‘‘1954 Act’’ means the Atomic Energy Act of 1954, as amended [42 U.S.C. 2011 et seq.]; and (7) ‘‘the Treaty’’ means the Treaty on the Non-Proliferation of Nuclear Weapons. (b) All other terms used in this chapter not de- fined in this section shall have the meanings as- cribed to them by the 1954 Act, the Energy Reor- ganization Act of 1974 [42 U.S.C. 5801 et seq.], and the Treaty. (Pub. L. 95–242, § 4, Mar. 10, 1978, 92 Stat. 121; Pub. L. 105–277, div. G, subdiv. A, title XII, § 1225(e)(1), Oct. 21, 1998, 112 Stat. 2681–775.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 95–242, Mar. 10, 1978, 92 Stat. 120, known as the Nuclear Non-Proliferation Act of 1978. For complete classification of this Act to the Code, see Short Title note set out under section 3201 of this title and Tables. The Atomic Energy Act of 1954, as amended, referred to in subsec. (a)(5), (6), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of Title 42, The Public Health and Welfare. Chap- ter 12 of the 1954 Act is classified generally to sub- chapter XI (§ 2161 et seq.) of division A of chapter 23 of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 42 and Tables. Page 1318 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3221 The Energy Reorganization Act of 1974, referred to in subsec. (b), is Pub. L. 93–438, Oct. 11, 1974, 88 Stat. 1233, which is classified principally to chapter 73 (§ 5801 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5801 of Title 42 and Tables. AMENDMENTS 1998—Pub. L. 105–277 redesignated pars. (3) to (8) as (2) to (7), respectively, and struck out former par. (2) which read as follows: ‘‘ ‘Director’ means the Director of the Arms Control and Disarmament Agency;’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–277 effective Apr. 1, 1999, see section 1201 of Pub. L. 105–277, set out as an Effec- tive Date note under section 6511 of this title. 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. SUBCHAPTER I—UNITED STATES INITIA- TIVES TO PROVIDE ADEQUATE NUCLEAR FUEL SUPPLY § 3221. Congressional declaration of policy The United States, as a matter of national policy, shall take such actions and institute such measures as may be necessary and feasible to assure other nations and groups of nations that may seek to utilize the benefits of atomic energy for peaceful purposes that it will provide a reliable supply of nuclear fuel to those nations and groups of nations which adhere to policies designed to prevent proliferation. Such nuclear fuel shall be provided under agreements entered into pursuant to section 2201 of title 42 or as otherwise authorized by law. The United States shall ensure that it will have available the ca- pacity on a long-term basis to enter into new fuel supply commitments consistent with its non-proliferation policies and domestic energy needs. The Commission shall, on a timely basis, authorize the export of nuclear materials and equipment when all the applicable statutory re- quirements are met. (Pub. L. 95–242, title I, § 101, Mar. 10, 1978, 92 Stat. 121.) 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. § 3222. Uranium enrichment capacity The Secretary of Energy is directed to initiate construction planning and design, construction, and operation activities for expansion of ura- nium enrichment capacity, as elsewhere pro- vided by law. Further the Secretary as well as the Nuclear Regulatory Commission and the Secretary of State are directed to establish and implement procedures which will ensure to the maximum extent feasible, consistent with this chapter, orderly processing of subsequent ar- rangements and export licenses with minimum time delay. (Pub. L. 95–242, title I, § 102, Mar. 10, 1978, 92 Stat. 122; Pub. L. 105–277, div. G, subdiv. A, title XII, § 1225(e)(2), Oct. 21, 1998, 112 Stat. 2681–775.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 95–242, Mar. 10, 1978, 92 Stat. 120, known as the Nuclear Non-Proliferation Act of 1978. For complete classification of this Act to the Code, see Short Title note set out under section 3201 of this title and Tables. AMENDMENTS 1998—Pub. L. 105–277 substituted ‘‘and the Secretary of State’’ for ‘‘, the Secretary of State, and the Direc- tor of the Arms Control and Disarmament Agency’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–277 effective Apr. 1, 1999, see section 1201 of Pub. L. 105–277, set out as an Effec- tive Date note under section 6511 of this title. 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. § 3223. International undertakings (a) Development of international approaches for meeting future worldwide nuclear fuel needs; international nuclear fuel authority Consistent with section 3224 of this title, the President shall institute prompt discussions with other nations and groups of nations, in- cluding both supplier and recipient nations, to develop international approaches for meeting fu- ture worldwide nuclear fuel needs. In particular, the President is authorized and urged to seek to negotiate as soon as practicable with nations possessing nuclear fuel production facilities or source material, and such other nations and groups of nations, such as the IAEA, as may be deemed appropriate, with a view toward the timely establishment of binding international undertakings providing for— (1) the establishment of an international nu- clear fuel authority (INFA) with responsibility for providing agreed upon fuel services and al- locating agreed upon quantities of fuel re- sources to ensure fuel supply on reasonable terms in accordance with agreements between INFA and supplier and recipient nations; (2) a set of conditions consistent with sub- section (d) under which international fuel as- surances under INFA auspices will be provided to recipient nations, including conditions which will ensure that the transferred mate- rials will not be used for nuclear explosive de- vices; (3) devising, consistent with the policy goals set forth in section 2153b of title 42, feasible