22 U.S.C. § 3224a — Studies and agreements by Secretary of

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 Page 1321 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3244 of the Nuclear Non-Proliferation Act of 1978 which com- prises this chapter. AMENDMENTS 1994—Pub. L. 103–437 substituted ‘‘Science, Space, and Technology’’ for ‘‘Science and Technology’’. SUBCHAPTER II—UNITED STATES INITIA- TIVES TO STRENGTHEN THE INTER- NATIONAL SAFEGUARDS SYSTEM § 3241. Congressional declaration of policy The United States is committed to continued strong support for the principles of the Treaty on the Non-Proliferation of Nuclear Weapons, to a strengthened and more effective International Atomic Energy Agency and to a comprehensive safeguards system administered by the Agency to deter proliferation. Accordingly, the United States shall seek to act with other nations to— (a) continue to strengthen the safeguards program of the IAEA and, in order to imple- ment this section, contribute funds, technical resources, and other support to assist the IAEA in effectively implementing safeguards; (b) ensure that the IAEA has the resources to carry out the provisions of Article XII of the Statute of the IAEA; (c) improve the IAEA safeguards system (in- cluding accountability) to ensure— (1) the timely detection of a possible diver- sion of source or special nuclear materials which could be used for nuclear explosive de- vices; (2) the timely dissemination of informa- tion regarding such diversion; and (3) the timely implementation of inter- nationally agreed procedures in the event of such diversion; (d) ensure that the IAEA receives on a time- ly basis the data needed for it to administer an effective and comprehensive international safeguards program and that the IAEA pro- vides timely notice to the world community of any evidence of a violation of any safeguards agreement to which it is a party; and (e) encourage the IAEA, to the maximum de- gree consistent with the Statute, to provide nations which supply nuclear materials and equipment with the data needed to assure such nations of adherence to bilateral commit- ments applicable to such supply. (Pub. L. 95–242, title II, § 201, Mar. 10, 1978, 92 Stat. 124.) 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. § 3242. Training program The Department of Energy, in consultation with the Commission, shall establish and oper- ate a safeguards and physical security training program to be made available to persons from nations and groups of nations which have devel- oped or acquired, or may be expected to develop or acquire, nuclear materials and equipment for use for peaceful purposes. Any such program shall include training in the most advanced safe- guards and physical security techniques and technology, consistent with the national secu- rity interests of the United States. (Pub. L. 95–242, title II, § 202, Mar. 10, 1978, 92 Stat. 124.) 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. § 3243. Negotiations The United States shall seek to negotiate with other nations and groups of nations to— (1) adopt general principles and procedures, including common international sanctions, to be followed in the event that a nation violates any material obligation with respect to the peaceful use of nuclear materials and equip- ment or nuclear technology, or in the event that any nation violates the principles of the Treaty, including the detonation by a non- nuclear-weapon state of a nuclear explosive device; and (2) establish international procedures to be followed in the event of diversion, theft, or sabotage of nuclear materials or sabotage of nuclear facilities, and for recovering nuclear materials that have been lost or stolen, or ob- tained or used by a nation or by any person or group in contravention of the principles of the Treaty. (Pub. L. 95–242, title II, § 203, Mar. 10, 1978, 92 Stat. 124.) 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. § 3244. Actions to combat international nuclear terrorism (a) Actions to be taken by President The Congress hereby directs the President— (1) to seek universal adherence to the Con- vention on the Physical Protection of Nuclear Material; (2) to— (A) conduct a review, enlisting the partici- pation of all relevant departments and agen- cies of the Government, to determine wheth- er the recommendations on Physical Protec- tion of Nuclear Material published by the International Atomic Energy Agency are adequate to deter theft, sabotage, and the use of nuclear facilities and materials in acts of international terrorism, and (B) transmit the results of this review to the Director-General of the International Atomic Energy Agency;