22 U.S.C. § 3223 — International undertakings

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 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.