42 U.S.C. § 2160a — Review of Nuclear Proliferation Assess-

Page 5459 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2160a Arms Control and Disarmament Agency pursuant to re- organization plan described in section 6601 of Title 22, Foreign Relations and Intercourse, see section 1201 of Pub. L. 105–277, set out as an Effective Date note under section 6511 of Title 22. 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 Title 22, Foreign Relations and Intercourse. LIMITATIONS ON RECEIPT AND STORAGE OF SPENT NUCLEAR FUEL FROM FOREIGN RESEARCH REACTORS Pub. L. 103–160, div. C, title XXXI, § 3151, Nov. 30, 1993, 107 Stat. 1949, provided that: ‘‘(a) PURPOSE.—It is the purpose of this section to regulate the receipt and storage of spent nuclear fuel at the Department of Energy defense nuclear facility lo- cated at the Savannah River Site, South Carolina (in this section referred to as the ‘Savannah River Site’). ‘‘(b) RECEIPT IN EMERGENCY CIRCUMSTANCES.—When the Secretary of Energy determines that emergency circumstances make it necessary to receive spent nu- clear fuel, the Secretary shall submit a notification of that determination to the Congress. The Secretary may not receive spent nuclear fuel at the Savannah River Site until the expiration of the 30-day period beginning on the date on which the Congress receives the notifi- cation. ‘‘(c) LIMITATION ON STORAGE IN NON-EMERGENCY CIR- CUMSTANCES.—The Secretary of Energy may not, under other than emergency circumstances, receive and store at the Savannah River Site any spent nuclear fuel in excess of the amount that (as of the date of the enact- ment of this Act [Nov. 30, 1993]) the Savannah River Site is capable of receiving and storing, until, with re- spect to the receipt and storage of any such spent nu- clear fuel— ‘‘(1) the completion of an environmental impact statement under section 102(2)(C) of the National En- vironmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)); ‘‘(2) the expiration of the 90-day period (as pre- scribed by regulation pursuant to such Act [42 U.S.C. 4321 et seq.]) beginning on the date of such comple- tion; and ‘‘(3) the signing by the Secretary of a record of deci- sion following such completion. ‘‘(d) LIMITATIONS ON RECEIPT.—The Secretary of En- ergy may not, under emergency or non-emergency cir- cumstances, receive spent nuclear fuel if the spent nu- clear fuel— ‘‘(1) cannot be transferred in an expeditious manner from its port of entry in the United States to a stor- age facility that is located at a Department of En- ergy facility and is capable of receiving and storing the spent nuclear fuel; or ‘‘(2) will remain on a vessel in the port of entry for a period that exceeds the period necessary to unload the fuel from the vessel pursuant to routine unload- ing procedures. ‘‘(e) CRITERIA FOR PORT OF ENTRY.—The Secretary of Energy shall, if economically feasible and to the max- imum extent practicable, provide for the receipt of spent nuclear fuel under this section at a port of entry in the United States which, as determined by the Sec- retary and compared to each other port of entry in the United States that is capable of receiving the spent nu- clear fuel— ‘‘(1) has the lowest human population in the area surrounding the port of entry; ‘‘(2) is closest in proximity to the facility which will store the spent nuclear fuel; and ‘‘(3) has the most appropriate facilities for, and ex- perience in, receiving spent nuclear fuel. ‘‘(f) DEFINITION.—In this section, the term ‘spent nu- clear fuel’ means nuclear fuel that— ‘‘(1) was originally exported to a foreign country from the United States in the form of highly enriched uranium; and ‘‘(2) was used in a research reactor by the Govern- ment of a foreign country or by a foreign-owned or foreign-controlled entity.’’ Executive Documents DELEGATION OF FUNCTIONS Delegation or assignment to Secretary of Energy of functions vested in President under subsecs. (a)(2)(G), (b)(1), and (f)(2) of this section, and of function vested in President under subsec. (f)(1)(A)(ii) of this section to extent that such function relates to preparation of a detailed generic plan, see section 1(b) and (c) of Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out under section 3201 of Title 22, Foreign Relations and Inter- course. Secretary of State responsible for performing func- tion vested in President under subsec. (c) of this sec- tion, except that Secretary of State may not waive 60- day requirement for preparation of a Nuclear Non-Pro- liferation Assessment Statement for more than 60 days without approval of President, see section 2(e) of Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out under section 3201 of Title 22. PERFORMANCE OF FUNCTIONS PENDING DEVELOPMENT OF PROCEDURES The performance of functions under this chapter, as amended by the Nuclear Non-Proliferation Act of 1978, Pub. L. 95–242, Mar. 10, 1978, 92 Stat. 120, not to be de- layed pending development of procedures even though as many as 120 days [after Mar. 10, 1978] are allowed for establishing those procedures, see section 5(b) of Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out under section 3201 of Title 22, Foreign Relations and Inter- course. § 2160a. Review of Nuclear Proliferation Assess- ment Statements No court or regulatory body shall have any ju- risdiction under any law to compel the perform- ance of or to review the adequacy of the per- formance of any Nuclear Proliferation Assess- ment Statement, or any annexes thereto, called for in this Act or in the 1954 Act. (Pub. L. 95–242, title IV, § 406, Mar. 10, 1978, 92 Stat. 148; Pub. L. 105–277, div. G, title XII, § 1225(e)(5), Oct. 21, 1998, 112 Stat. 2681–775.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, means the Nuclear Non- Proliferation Act of 1978, Pub. L. 95–242, Mar. 10, 1978, 92 Stat. 120, which is classified principally to chapter 47 (§ 3201 et seq.) of Title 22, Foreign Relations and Inter- course. For complete classification of this Act to the Code, see Short Title note set out under section 3201 of Title 22 and Tables. CODIFICATION Section was enacted as part of the Nuclear Non-Pro- liferation Act of 1978, and not as part of the Atomic En- ergy Act of 1954 which comprises this chapter. AMENDMENTS 1998—Pub. L. 105–277 inserted ‘‘, or any annexes there- to,’’ before ‘‘called for in’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–277 effective on earlier of Apr. 1, 1999, or date of abolition of the United States Arms Control and Disarmament Agency pursuant to re- Page 5460 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2160b organization plan described in section 6601 of Title 22, Foreign Relations and Intercourse, see section 1201 of Pub. L. 105–277, set out as an Effective Date note under section 6511 of Title 22. 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 Title 22, Foreign Relations and Intercourse. DEFINITIONS For definitions of terms used in this section, see sec- tion 3203 of Title 22, Foreign Relations and Intercourse. § 2160b. Authority to suspend nuclear coopera- tion with nations which have not ratified the Convention on the Physical Security of Nu- clear Material The President may suspend nuclear coopera- tion under this chapter with any nation or group of nations which has not ratified the Convention on the Physical Security of Nuclear Material. (Aug. 1, 1946, ch. 724, title I, § 132, as added Pub. L. 99–399, title VI, § 602, Aug. 27, 1986, 100 Stat. 875; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. § 2160c. Consultation with Department of De- fense concerning certain exports and subse- quent arrangements (a) In addition to other applicable require- ments— (1) a license may be issued by the Nuclear Regulatory Commission under this chapter for the export of special nuclear material de- scribed in subsection (b); and (2) approval may be granted by the Sec- retary of Energy under section 2160 of this title for the transfer of special nuclear mate- rial described in subsection (b); only after the Secretary of Defense has been consulted on whether the physical protection of that material during the export or transfer will be adequate to deter theft, sabotage, and other acts of international terrorism which would re- sult in the diversion of that material. If, in the view of the Secretary of Defense based on all available intelligence information, the export or transfer might be subject to a genuine terrorist threat, the Secretary shall provide to the Nu- clear Regulatory Commission or the Secretary of Energy, as appropriate, his written assess- ment of the risk and a description of the actions the Secretary of Defense considers necessary to upgrade physical protection measures. (b) Subsection (a) applies to the export or transfer of more than 2 kilograms of plutonium or more than 5 kilograms of uranium enriched to more than 20 percent in the isotope 233 or the isotope 235. (Aug. 1, 1946, ch. 724, title I, § 133, as added Pub. L. 99–399, title VI, § 603, Aug. 27, 1986, 100 Stat. 875; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; amended Pub. L. 103–236, title VIII, § 829, Apr. 30, 1994, 108 Stat. 521.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(1), was in the original ‘‘this Act’’, meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is clas- sified principally to this chapter. For complete classi- fication of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. AMENDMENTS 1994—Subsec. (b). Pub. L. 103–236 substituted ‘‘5 kilo- grams’’ for ‘‘20 kilograms’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–236 effective 60 days after Apr. 30, 1994, see section 831 of Pub. L. 103–236, set out as an Effective Date note under section 6301 of Title 22, Foreign Relations and Intercourse. § 2160d. Further restrictions on exports (a) In general Except as provided in subsection (b), the Com- mission may issue a license for the export of highly enriched uranium to be used as a fuel or target in a nuclear research or test reactor only if, in addition to any other requirement of this chapter, the Commission determines that— (1) there is no alternative nuclear reactor fuel or target enriched in the isotope 235 to a lesser percent than the proposed export, that can be used in that reactor; (2) the proposed recipient of that uranium has provided assurances that, whenever an al- ternative nuclear reactor fuel or target can be used in that reactor, it will use that alter- native in lieu of highly enriched uranium; and (3) the United States Government is actively developing an alternative nuclear reactor fuel or target that can be used in that reactor. (b) Medical isotope production (1) Definitions In this subsection: (A) Highly enriched uranium The term ‘‘highly enriched uranium’’ means uranium enriched to include con- centration of U–235 above 20 percent. (B) Medical isotope The term ‘‘medical isotope’’ includes Mo- lybdenum 99, Iodine 131, Xenon 133, and other radioactive materials used to produce a radiopharmaceutical for diagnostic, thera- peutic procedures or for research and devel- opment. (C) Radiopharmaceutical The term ‘‘radiopharmaceutical’’ means a radioactive isotope that—