22 U.S.C. § 8008 — Definitions

Page 2036 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 8008 1 So in original. Probably should be ‘‘section’’. (3) Public availability The recommendations and assessments pre- pared under this subsection shall be made pub- licly available. (d) Consistency with Nuclear Non-Proliferation Treaty All United States activities related to the pro- gram shall be consistent with United States ob- ligations under the Nuclear Non-Proliferation Treaty. (e) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this sec- tion for each of fiscal years 2007 through 2011. (Pub. L. 109–401, title I, § 109, Dec. 18, 2006, 120 Stat. 2739.) § 8008. Definitions In this chapter: (1) The term ‘‘Additional Protocol’’ means a protocol additional to a safeguards agreement with the IAEA, as negotiated between a coun- try and the IAEA based on a Model Additional Protocol as set forth in IAEA information cir- cular (INFCIRC) 540. (2) The term ‘‘appropriate congressional committees’’ means the Committee on For- eign Relations of the Senate and the Com- mittee on International Relations of the House of Representatives. (3) The term ‘‘dual-use material, equipment, or technology’’ means material, equipment, or technology that may be used in nuclear or nonnuclear applications. (4) The term ‘‘IAEA safeguards’’ has the meaning given the term in section 6305(3) of this title. (5) The term ‘‘Indian person’’ means— (A) a natural person that is a citizen of India or is subject to the jurisdiction of the Government of India; (B) a corporation, business association, partnership, society, trust, or any other non- governmental entity, organization, or group, that is organized under the laws of India or has its principal place of business in India; and (C) any Indian governmental entity, in- cluding any governmental entity operating as a business enterprise. (6) The terms ‘‘Missile Technology Control Regime’’, ‘‘MTCR’’, and ‘‘MTCR adherent’’ have the meanings given the terms in section 2797c of this title. (7) The term ‘‘nuclear materials and equip- ment’’ means source material, special nuclear material, production and utilization facilities and any components thereof, and any other items or materials that are determined to have significance for nuclear explosive pur- poses pursuant to subsection 1 2139(b) of title 42. (8) The terms ‘‘Nuclear Non-Proliferation Treaty’’ and ‘‘NPT’’ mean the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968, and entered into force March 5, 1970 (21 UST 483). (9) The terms ‘‘Nuclear Suppliers Group’’ and ‘‘NSG’’ refer to a group, which met ini- tially in 1975 and has met at least annually since 1992, of Participating Governments that have promulgated and agreed to adhere to Guidelines for Nuclear Transfers (currently IAEA INFCIRC/254/Rev.8/Part 1) and Guide- lines for Transfers of Nuclear-Related Dual- Use Equipment, Materials, Software, and Re- lated Technology (currently IAEA INFCIRC/ 254/Rev.7/Part 2). (10) The terms ‘‘nuclear weapon’’ and ‘‘nu- clear explosive device’’ mean any device de- signed to produce an instantaneous release of an amount of nuclear energy from special nu- clear material that is greater than the amount of energy that would be released from the det- onation of one pound of trinitrotoluene (TNT). (11) The term ‘‘process’’ includes the term ‘‘reprocess’’. (12) The terms ‘‘reprocessing’’ and ‘‘reproc- ess’’ refer to the separation of irradiated nu- clear materials and fission products from spent nuclear fuel. (13) The term ‘‘sensitive nuclear tech- nology’’ means any information, including in- formation incorporated in a production or uti- lization facility or important component part thereof, that is not available to the public and which is important to the design, construc- tion, fabrication, operation, or maintenance of a uranium enrichment or nuclear fuel reproc- essing facility or a facility for the production of heavy water. (14) The term ‘‘source material’’ has the meaning given the term in section 2014(z) of title 42. (15) The term ‘‘special nuclear material’’ has the meaning given the term in section 2014(aa) of title 42. (16) The term ‘‘unsafeguarded nuclear fuel- cycle activity’’ means research on, or develop- ment, design, manufacture, construction, op- eration, or maintenance of— (A) any existing or future reactor, critical facility, conversion plant, fabrication plant, reprocessing plant, plant for the separation of isotopes of source or special fissionable material, or separate storage installation with respect to which there is no obligation to accept IAEA safeguards at the relevant reactor, facility, plant, or installation that contains source or special fissionable mate- rial; or (B) any existing or future heavy water pro- duction plant with respect to which there is no obligation to accept IAEA safeguards on any nuclear material produced by or used in connection with any heavy water produced therefrom. (Pub. L. 109–401, title I, § 110, Dec. 18, 2006, 120 Stat. 2739.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title I of Pub. L. 109–401, Dec. 18, 2006, 120 Stat. 2726, which is classified principally to Page 2037 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 8101 this chapter. For complete classification of title I to the Code, see Short Title note set out under section 8001 of this title and Tables. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on International Relations of House of Representatives changed to Committee on Foreign Af- fairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. CHAPTER 88—NUCLEAR NON-PROLIFERA- TION TREATY—UNITED STATES ADDI- TIONAL PROTOCOL IMPLEMENTATION Sec. 8101. Findings. 8102. Definitions. 8103. Severability. SUBCHAPTER I—GENERAL PROVISIONS 8111. Authority. SUBCHAPTER II—COMPLEMENTARY ACCESS 8121. Requirement for authority to conduct com- plementary access. 8122. Procedures for complementary access. 8123. Consents, warrants, and complementary ac- cess. 8124. Prohibited acts relating to complementary access. SUBCHAPTER III—CONFIDENTIALITY OF INFORMATION 8131. Protection of confidentiality of information. SUBCHAPTER IV—ENFORCEMENT 8141. Recordkeeping violations. 8142. Penalties. 8143. Specific enforcement. SUBCHAPTER V—ENVIRONMENTAL SAMPLING 8151. Notification to Congress of IAEA Board ap- proval of wide-area environmental sam- pling. 8152. Application of national security exclusion to wide-area environmental sampling. 8153. Application of national security exclusion to location-specific environmental sampling. 8154. Rule of construction. SUBCHAPTER VI—PROTECTION OF NATIONAL SECURITY INFORMATION AND ACTIVITIES 8161. Protection of certain information. 8162. IAEA inspections and visits. SUBCHAPTER VII—REPORTS 8171. Report on initial United States declaration. 8172. Report on revisions to initial United States declaration. 8173. Content of reports on United States declara- tions. 8174. Report on efforts to promote the implementa- tion of additional protocols. 8175. Notice of IAEA notifications. SUBCHAPTER VIII—AUTHORIZATION OF APPROPRIATIONS 8181. Authorization of appropriations. § 8101. Findings Congress makes the following findings: (1) The proliferation of nuclear weapons and other nuclear explosive devices poses a grave threat to the national security of the United States and its vital national interests. (2) The Nuclear Non-Proliferation Treaty has proven critical to limiting such prolifera- tion. (3) For the Nuclear Non-Proliferation Treaty to be effective, each of the non-nuclear-weap- on State Parties must conclude a comprehen- sive safeguards agreement with the IAEA, and such agreements must be honored and en- forced. (4) Recent events emphasize the urgency of strengthening the effectiveness and improving the efficiency of the safeguards system. This can best be accomplished by providing IAEA inspectors with more information about, and broader access to, nuclear activities within the territory of non-nuclear-weapon State Parties. (5) The proposed scope of such expanded in- formation and access has been negotiated by the member states of the IAEA in the form of a Model Additional Protocol to its existing safeguards agreements, and universal accept- ance of Additional Protocols by non-nuclear weapons states is essential to enhancing the effectiveness of the Nuclear Non-Proliferation Treaty. (6) On June 12, 1998, the United States, as a nuclear-weapon State Party, signed an Addi- tional Protocol that is based on the Model Ad- ditional Protocol, but which also contains measures, consistent with its existing safe- guards agreements with its members, that pro- tect the right of the United States to exclude the application of IAEA safeguards to loca- tions and activities with direct national secu- rity significance or to locations or informa- tion associated with such activities. (7) Implementation of the Additional Pro- tocol in the United States in a manner con- sistent with United States obligations under the Nuclear Non-Proliferation Treaty may en- courage other parties to the Nuclear Non-Pro- liferation Treaty, especially non-nuclear- weapon State Parties, to conclude Additional Protocols and thereby strengthen the Nuclear Non-Proliferation Treaty safeguards system and help reduce the threat of nuclear pro- liferation, which is of direct and substantial benefit to the United States. (8) Implementation of the Additional Pro- tocol by the United States is not required and is completely voluntary given its status as a nuclear-weapon State Party, but the United States has acceded to the Additional Protocol to demonstrate its commitment to the nuclear nonproliferation regime and to make United States civil nuclear activities available to the same IAEA inspections as are applied in the case of non-nuclear-weapon State Parties. (9) In accordance with the national security exclusion contained in Article 1.b of its Addi- tional Protocol, the United States will not allow any inspection activities, nor make any declaration of any information with respect to, locations, information, and activities of di- rect national security significance to the United States. (10) Implementation of the Additional Pro- tocol will conform to the principles set forth in the letter of April 30, 2002, from the United States Permanent Representative to the Inter- national Atomic Energy Agency and the Vi- enna Office of the United Nations to the Direc- tor General of the International Atomic En- ergy Agency.