US (United States) Code. Title 22. Chapter 47: Nuclear non-proliferation

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-CITE-

22 USC CHAPTER 47 - NUCLEAR NON-PROLIFERATION 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 47 - NUCLEAR NON-PROLIFERATION

-HEAD-

CHAPTER 47 - NUCLEAR NON-PROLIFERATION

-MISC1-

Sec.

3201. Congressional declaration of policy.

3202. Congressional statement of purpose.

3203. Definitions.

SUBCHAPTER I - UNITED STATES INITIATIVES TO PROVIDE ADEQUATE

NUCLEAR FUEL SUPPLY

3221. Congressional declaration of policy.

3222. Uranium enrichment capacity.

3223. International undertakings.

(a) Development of international approaches for

meeting future worldwide nuclear fuel needs;

international nuclear fuel authority.

(b), (c) Omitted.

(d) Adherence of nations to policies designed to

prevent proliferation.

(e) Report on progress of negotiations.

(f) Congressional approval of non-treaty

international undertakings; submission of

proposals.

3224. Reevaluation of nuclear fuel cycle.

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; special nuclear material for India.

SUBCHAPTER II - UNITED STATES INITIATIVES TO STRENGTHEN THE

INTERNATIONAL SAFEGUARDS SYSTEM

3241. Congressional declaration of policy.

3242. Training program.

3243. Negotiations.

3244. Actions to combat international nuclear terrorism.

(a) Actions to be taken by President.

(b) Reports to Congress.

SUBCHAPTER III - UNITED STATES ASSISTANCE TO DEVELOPING COUNTRIES

3261. Congressional declaration of policy; Presidential

report to Congress.

3262. Programs.

(a) Energy development programs.

(b) Energy assessments and cooperative projects.

(c) Exchange of scientists, technicians, and energy

experts.

(d) Authorization of appropriations.

(e) Coordination with related United States

activities abroad.

SUBCHAPTER IV - EXECUTIVE REPORTING

3281. Annual Presidential report to Congress on governmental

efforts to prevent proliferation.

(a) Review of Government activities; description of

progress; assessment of impact of progress;

determinations regarding non-nuclear-weapon

states; counterproductiveness of policies.

(b) Analysis of civil agreements for cooperation.

3282. Reports by departments and agencies.

(a) Reports by Nuclear Regulatory Commission and

Department of Energy.

(b) Additional reporting requirements.

(c) Committees on Foreign Relations and

Governmental Affairs of Senate and Committee

on International Relations of House of

Representatives to be kept informed.

(d) Classified portions of reports.

(e) Omitted.

(f) Access by Secretary of Defense to information

regarding nuclear proliferation matters;

applicability.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 2778a, 3303, 3408 of this

title; title 42 sections 2153c, 2153d, 2153e-1, 2153f, 13492.

-End-

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22 USC Sec. 3201 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 47 - NUCLEAR NON-PROLIFERATION

-HEAD-

Sec. 3201. Congressional declaration of policy

-STATUTE-

The Congress finds and declares that the proliferation of nuclear

explosive devices or of the direct capability to manufacture or

otherwise acquire such devices poses a grave threat to the security

interests of the United States and to continued international

progress toward world peace and development. Recent events

emphasize the urgency of this threat and the imperative need to

increase the effectiveness of international safeguards and controls

on peaceful nuclear activities to prevent proliferation.

Accordingly, it is the policy of the United States to -

(a) actively pursue through international initiatives

mechanisms for fuel supply assurances and the establishment of

more effective international controls over the transfer and use

of nuclear materials and equipment and nuclear technology for

peaceful purposes in order to prevent proliferation, including

the establishment of common international sanctions;

(b) take such actions as are required to confirm the

reliability of the United States in meeting its commitments to

supply nuclear reactors and fuel to nations which adhere to

effective non-proliferation policies by establishing procedures

to facilitate the timely processing of requests for subsequent

arrangements and export licenses;

(c) strongly encourage nations which have not ratified the

Treaty on the Non-Proliferation of Nuclear Weapons to do so at

the earliest possible date; and

(d) cooperate with foreign nations in identifying and adapting

suitable technologies for energy production and, in particular,

to identify alternative options to nuclear power in aiding such

nations to meet their energy needs, consistent with the economic

and material resources of those nations and environmental

protection.

-SOURCE-

(Pub. L. 95-242, Sec. 2, Mar. 10, 1978, 92 Stat. 120.)

-MISC1-

EFFECTIVE DATE

Section 603(c) of Pub. L. 95-242 provided that: "Except where

otherwise provided, the provisions of this Act [see Short Title

note below] shall take effect immediately upon enactment [Mar. 10,

1978] regardless of any requirement for the promulgation of

regulations to implement such provisions."

SHORT TITLE

Section 1 of Pub. L. 95-242 provided: "That this Act [enacting

this chapter and sections 2139a, 2141, 2153a to 2153e, 2153f, and

2155 to 2160a of Title 42, The Public Health and Welfare, amending

sections 2074, 2075, 2077, 2094, 2139, and 2153 of Title 42, and

enacting provisions set out as notes under sections 3201, 3222, and

3262 of this title and section 2139 of Title 42] may be cited as

the 'Nuclear Non-Proliferation Act of 1978'."

NUCLEAR PROLIFERATION PREVENTION; EFFECTIVE AND TERMINATION DATES

OF 1994 AMENDMENT

Title VIII of Pub. L. 103-236, Apr. 30, 1994, 108 Stat. 507,

known as the Nuclear Proliferation Prevention Act of 1994, was

amended by Pub. L. 104-164, title I, Sec. 157, July 21, 1996, 110

Stat. 1440. As so amended, title VIII has been primarily

transferred to chapter 72 (Sec. 6301 et seq.) of this title. For

complete classification of title VIII to the Code, see Short Title

note set out under section 6301 of this title and Tables.

ADVOCACY AND ENCOURAGEMENT BY UNITED STATES OF NONPARTIES TO TREATY

ON NON-PROLIFERATION OF NUCLEAR WEAPONS TO BECOME SIGNATORIES;

REPORT TO CONGRESS

Pub. L. 96-53, title V, Sec. 507, Aug. 14, 1979, 93 Stat. 378, as

amended by Pub. L. 97-113, title VII, Sec. 734(a)(3), Dec. 29,

1981, 95 Stat. 1560, provided that:

"(a) In accordance with the Nuclear Non-Proliferation Act of 1978

[see Short Title note above], the Congress strongly urges all

nations which are not parties to the Treaty on Non-Proliferation of

Nuclear Weapons to become parties to that treaty.

"(b) [Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(3), Dec.

29, 1981, 95 Stat. 1560.]"

-EXEC-

EX. ORD. NO. 12058. FUNCTIONS RELATING TO NUCLEAR NON-PROLIFERATION

Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, provided:

By virtue of the authority vested in me by the Nuclear

Non-Proliferation Act of 1978 (Public Law 95-242, 92 Stat. 120, 22

U.S.C. 3201) [see Short Title note above] and the Atomic Energy Act

of 1954, as amended (42 U.S.C. 2011 et seq.), and Section 301 of

Title 3 of the United States Code, and as President of the United

States of America, it is hereby ordered as follows:

Section 1. Department of Energy. The following functions vested

in the President by the Nuclear Non-Proliferation Act of 1978 (92

Stat. 120, 22 U.S.C. 3201), hereinafter referred to as the Act, and

by the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et

seq.), hereinafter referred to as the 1954 Act, are delegated or

assigned to the Secretary of Energy:

(a) That function vested by Section 402(b) of the Act (92 Stat.

145, 42 U.S.C. 2153a).

(b) Those functions vested by Sections 131a(2)(G), 131b(1), and

131f(2) of the 1954 Act (92 Stat. 127, 42 U.S.C. 2160).

(c) That function vested by Section 131f(1)(A)(ii) of the 1954

Act [42 U.S.C. 2160(f)(1)(A)(ii)], to the extent it relates to the

preparation of a detailed generic plan.

Sec. 2. Department of State. The Secretary of State shall be

responsible for performing the following functions vested in the

President:

(a) Those functions vested by Sections 104(a), 104(d), 105, 403,

404, 407, and 501 of the Act (92 Stat. 122, 123, 123, 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 recommendations

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 Secretary 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 function 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 assigned 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 development 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.

-End-

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22 USC Sec. 3202 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 47 - NUCLEAR NON-PROLIFERATION

-HEAD-

Sec. 3202. Congressional statement of purpose

-STATUTE-

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 energy needs of all nations and to ensure

that the worldwide development of peaceful nuclear activities and

the export by any nation of nuclear materials and equipment and

nuclear technology intended for use in peaceful nuclear

activities do not contribute to proliferation;

(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 cooperative 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.

-SOURCE-

(Pub. L. 95-242, Sec. 3, Mar. 10, 1978, 92 Stat. 120.)

-REFTEXT-

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.

-End-

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22 USC Sec. 3203 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 47 - NUCLEAR NON-PROLIFERATION

-HEAD-

Sec. 3203. Definitions

-STATUTE-

(a) As used in this chapter, the term -

(1) "Commission" means the Nuclear Regulatory Commission;

(2) "IAEA" means International Atomic Energy Agency;

(3) "nuclear materials and equipment" means source material,

special nuclear material, production facilities, utilization

facilities, and components, items or substances determined to

have significance for nuclear explosive 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 incorporated in a production or

utilization facility or important component part thereof) which

is not available to the public and which is important to the

design, construction, fabrication, operation or maintenance of a

uranium enrichment or nuclear fuel reprocessing facility or a

facility for the production of heavy water, but shall not include

Restricted Data controlled 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 defined in this

section shall have the meanings ascribed to them by the 1954 Act,

the Energy Reorganization Act of 1974 [42 U.S.C. 5801 et seq.], and

the Treaty.

-SOURCE-

(Pub. L. 95-242, Sec. 4, Mar. 10, 1978, 92 Stat. 121; Pub. L.

105-277, div. G, subdiv. A, title XII, Sec. 1225(e)(1), Oct. 21,

1998, 112 Stat. 2681-775.)

-REFTEXT-

REFERENCES IN TEXT

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, Sec. 1, 68 Stat. 921, and amended, which is

classified generally to chapter 23 (Sec. 2011 et seq.) of Title 42,

The Public Health and Welfare. Chapter 12 of the 1954 Act is

classified generally to subchapter XI (Sec. 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.

The Energy Reorganization Act of 1974, referred to in subsec.

(b), is Pub. L. 93-438, Oct. 11, 1974, 88 Stat. 1233, as amended,

which is classified principally to chapter 73 (Sec. 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.

-MISC1-

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;".

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 Effective Date note under

section 6511 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6305 of this title.

-FOOTNOTE-

(!1) So in the original. Probably should be "section 109(b)".

-End-

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22 USC SUBCHAPTER I - UNITED STATES INITIATIVES TO

PROVIDE ADEQUATE NUCLEAR

FUEL SUPPLY 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 47 - NUCLEAR NON-PROLIFERATION

SUBCHAPTER I - UNITED STATES INITIATIVES TO PROVIDE ADEQUATE

NUCLEAR FUEL SUPPLY

-HEAD-

SUBCHAPTER I - UNITED STATES INITIATIVES TO PROVIDE ADEQUATE

NUCLEAR FUEL SUPPLY

-End-

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22 USC Sec. 3221 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 47 - NUCLEAR NON-PROLIFERATION

SUBCHAPTER I - UNITED STATES INITIATIVES TO PROVIDE ADEQUATE

NUCLEAR FUEL SUPPLY

-HEAD-

Sec. 3221. Congressional declaration of policy

-STATUTE-

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 capacity 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 requirements are met.

-SOURCE-

(Pub. L. 95-242, title I, Sec. 101, Mar. 10, 1978, 92 Stat. 121.)

-MISC1-

EFFECTIVE DATE

Subchapter 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.

-End-

-CITE-

22 USC Sec. 3222 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 47 - NUCLEAR NON-PROLIFERATION

SUBCHAPTER I - UNITED STATES INITIATIVES TO PROVIDE ADEQUATE

NUCLEAR FUEL SUPPLY

-HEAD-

Sec. 3222. Uranium enrichment capacity

-STATUTE-

The Secretary of Energy is directed to initiate construction

planning and design, construction, and operation activities for

expansion of uranium enrichment capacity, as elsewhere provided 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 arrangements and export licenses with minimum time

delay.

-SOURCE-

(Pub. L. 95-242, title I, Sec. 102, Mar. 10, 1978, 92 Stat. 122;

Pub. L. 105-277, div. G, subdiv. A, title XII, Sec. 1225(e)(2),

Oct. 21, 1998, 112 Stat. 2681-775.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-277 substituted "and the Secretary of State"

for ", the Secretary of State, and the Director of the Arms Control

and Disarmament Agency".

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 Effective Date note under

section 6511 of this title.

-End-

-CITE-

22 USC Sec. 3223 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 47 - NUCLEAR NON-PROLIFERATION

SUBCHAPTER I - UNITED STATES INITIATIVES TO PROVIDE ADEQUATE

NUCLEAR FUEL SUPPLY

-HEAD-

Sec. 3223. International undertakings

-STATUTE-

(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, including both supplier and recipient nations, to develop

international approaches for meeting future 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 nuclear fuel

authority (INFA) with responsibility for providing agreed upon

fuel services and allocating agreed upon quantities of fuel

resources 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 subsection (d) of this

section under which international fuel assurances under INFA

auspices will be provided to recipient nations, including

conditions which will ensure that the transferred materials will

not be used for nuclear explosive devices;

(3) devising, consistent with the policy goals set forth in

section 2153b of title 42, feasible 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 nuclear material;

(4) the establishment of repositories for the storage of spent

nuclear reactor fuel under effective international auspices and

inspection;

(5) the establishment of arrangements under which nations

placing spent fuel in such repositories would receive appropriate

compensation 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 international undertakings.

(b), (c) Omitted

(d) Adherence of nations to policies designed to prevent

proliferation

The fuel assurances contemplated by this section shall be for the

benefit of nations that adhere to policies designed to prevent

proliferation. 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 available 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 device,

do not establish any new enrichment or reprocessing facilities

under their de facto or de jure control, and place any such

existing facilities 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 international

undertakings; submission of proposals

(1) The President may not enter into any binding international

undertaking negotiated pursuant to subsection (a) of this section

which is not a treaty until such time as such proposed undertaking

has been submitted to the Congress and has been approved by

concurrent resolution.

(2) The proposals prepared pursuant to subsection (b) of this

section shall be submitted to the Congress as part of an annual

authorization Act for the Department of Energy.

-SOURCE-

(Pub. L. 95-242, title I, Sec. 104, Mar. 10, 1978, 92 Stat. 122.)

-COD-

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, including creation of an interim

stockpile of uranium enriched 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 adhere 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 uranium 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 stockpile pending the

establishment of INFA.

Subsec. (c) of this section, which directed the President, 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 address the desirability of and options for

foreign participation, 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 omission of section 103 of Pub. L. 95-242.

-TRANS-

DELEGATION OF FUNCTIONS

Secretary of State responsible for performing functions 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3281 of this title.

-End-

-CITE-

22 USC Sec. 3224 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 47 - NUCLEAR NON-PROLIFERATION

SUBCHAPTER I - UNITED STATES INITIATIVES TO PROVIDE ADEQUATE

NUCLEAR FUEL SUPPLY

-HEAD-

Sec. 3224. Reevaluation of nuclear fuel cycle

-STATUTE-

The President shall take immediate initiatives 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 plutonium 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

reevaluation.

-SOURCE-

(Pub. L. 95-242, title I, Sec. 105, Mar. 10, 1978, 92 Stat. 123.)

-TRANS-

DELEGATION OF FUNCTIONS

Secretary of State responsible for performing functions 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3223, 3281 of this title;

title 42 section 2160.

-End-

-CITE-

22 USC Sec. 3224a 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 47 - NUCLEAR NON-PROLIFERATION

SUBCHAPTER I - UNITED STATES INITIATIVES TO PROVIDE ADEQUATE

NUCLEAR FUEL SUPPLY

-HEAD-

Sec. 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; special nuclear material for India

-STATUTE-

Department of Energy is hereby authorized to undertake studies,

in cooperation with other nations, on a multinational or

international basis designed to determine the general feasibility

of expanding capacity of existing spent fuel storage facilities; to

enter into agreements, subject to the consent of the Congress (by

joint or concurrent resolution or legislation hereafter enacted),

with other nations or groups of nations, for providing appropriate

support to increase international or multinational spent fuel

storage capacity; to conduct studies on the feasibility of

establishing regional storage sites; and to conduct studies on

international transportation and storage systems. For the purpose

of carrying out the provisions of this section, there is included

in subsection 101(20) of this Act authorization 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

repurchase, transportation or storage of any foreign spent nuclear

fuel (including any nuclear fuel irradiated in any nuclear power

reactor located outside of the United States and operated by any

foreign legal entity, government or nongovernment, 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 reactor,

but not including fuel irradiated in a research reactor, and not

including fuel irradiated in a power reactor if the President

determines that (1) use of funds for repurchase, transportation 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

Committee 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

commitment, expenditure, or obligation of such funds: And provided

further, That, notwithstanding any other provision of law, that

none of the funds appropriated pursuant to this Act or any other

funds made available to the Secretary 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 permanent, 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 resolution,

or (3) the President submits a plan for such use, with the report

information specified herein, thirty days during which the Congress

is in continuous session, as defined in the Impoundment 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 disapproval has been introduced, but has not been

reported by the Committee on or before the twentieth day after

transmission of the Presidential 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 consideration, 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

information, cost data, justification and projections, legal and

regulatory considerations, environmental impact information and any

related bilateral or international agreements, arrangements or

understandings: And provided further, That nothing contained in

this section shall be construed in any executive branch action,

administrative 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 Government 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 Regulatory Commission to issue a license for the export

of special nuclear material and subsequent exports thereby

licensed, or any consideration by the Nuclear Regulatory Commission

of a license application for the export of special nuclear

material.

-SOURCE-

(Pub. L. 95-238, title I, Sec. 107, Feb. 25, 1978, 92 Stat. 55;

Pub. L. 103-437, Sec. 9(c), Nov. 2, 1994, 108 Stat. 4588.)

-REFTEXT-

REFERENCES IN TEXT

Section 101(20) of this Act, referred to in text, is section

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, as amended, which is classified principally to subchapters I

(Sec. 681) and II (Sec. 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.

-COD-

CODIFICATION

Section was enacted as part of the Department of Energy Act of

1978 - Civilian Applications, and not as part of the Nuclear

Non-Proliferation Act of 1978 which comprises this chapter.

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-437 substituted "Science, Space, and

Technology" for "Science and Technology".

-CHANGE-

CHANGE OF NAME

Committee on Science, Space, and Technology of House of

Representatives treated as referring to Committee on Science of

House of Representatives by section 1(a) of Pub. L. 104-14, set out

as a note preceding section 21 of Title 2, The Congress.

-End-

-CITE-

22 USC SUBCHAPTER II - UNITED STATES INITIATIVES TO

STRENGTHEN THE INTERNATIONAL

SAFEGUARDS SYSTEM 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 47 - NUCLEAR NON-PROLIFERATION

SUBCHAPTER II - UNITED STATES INITIATIVES TO STRENGTHEN THE

INTERNATIONAL SAFEGUARDS SYSTEM

-HEAD-

SUBCHAPTER II - UNITED STATES INITIATIVES TO STRENGTHEN THE

INTERNATIONAL SAFEGUARDS SYSTEM

-End-

-CITE-

22 USC Sec. 3241 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 47 - NUCLEAR NON-PROLIFERATION

SUBCHAPTER II - UNITED STATES INITIATIVES TO STRENGTHEN THE

INTERNATIONAL SAFEGUARDS SYSTEM

-HEAD-

Sec. 3241. Congressional declaration of policy

-STATUTE-

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 implement 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 (including

accountability) to ensure -

(1) the timely detection of a possible diversion of source or

special nuclear materials which could be used for nuclear

explosive devices;

(2) the timely dissemination of information regarding such

diversion; and

(3) the timely implementation of internationally agreed

procedures in the event of such diversion;

(d) ensure that the IAEA receives on a timely basis the data

needed for it to administer an effective and comprehensive

international safeguards program and that the IAEA provides

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 degree 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 commitments applicable to such supply.

-SOURCE-

(Pub. L. 95-242, title II, Sec. 201, Mar. 10, 1978, 92 Stat. 124.)

-MISC1-

EFFECTIVE DATE

Subchapter 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3281 of this title.

-End-

-CITE-

22 USC Sec. 3242 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 47 - NUCLEAR NON-PROLIFERATION

SUBCHAPTER II - UNITED STATES INITIATIVES TO STRENGTHEN THE

INTERNATIONAL SAFEGUARDS SYSTEM

-HEAD-

Sec. 3242. Training program

-STATUTE-

The Department of Energy, in consultation with the Commission,

shall establish and operate a safeguards and physical security

training program to be made available to persons from nations and

groups of nations which have developed 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 safeguards and physical security techniques

and technology, consistent with the national security interests of

the United States.

-SOURCE-

(Pub. L. 95-242, title II, Sec. 202, Mar. 10, 1978, 92 Stat. 124.)

-End-

-CITE-

22 USC Sec. 3243 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 47 - NUCLEAR NON-PROLIFERATION

SUBCHAPTER II - UNITED STATES INITIATIVES TO STRENGTHEN THE

INTERNATIONAL SAFEGUARDS SYSTEM

-HEAD-

Sec. 3243. Negotiations

-STATUTE-

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 equipment 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 obtained or used by a

nation or by any person or group in contravention of the

principles of the Treaty.

-SOURCE-

(Pub. L. 95-242, title II, Sec. 203, Mar. 10, 1978, 92 Stat. 124.)

-End-

-CITE-

22 USC Sec. 3244 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 47 - NUCLEAR NON-PROLIFERATION

SUBCHAPTER II - UNITED STATES INITIATIVES TO STRENGTHEN THE

INTERNATIONAL SAFEGUARDS SYSTEM

-HEAD-

Sec. 3244. Actions to combat international nuclear terrorism

-STATUTE-

(a) Actions to be taken by President

The Congress hereby directs the President -

(1) to seek universal adherence to the Convention on the

Physical Protection of Nuclear Material;

(2) to -

(A) conduct a review, enlisting the participation of all

relevant departments and agencies of the Government, to

determine whether the recommendations on Physical Protection 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;

(3) to take, in concert with United States allies and other

countries, such steps as may be necessary -

(A) to keep to a minimum the amount of weapons-grade nuclear

material in international transit, and

(B) to ensure that when any such material is transported

internationally, it is under the most effective means for

adequately protecting it from acts or attempted acts of

sabotage or theft by terrorist groups or nations; and

(4) to seek agreement in the United Nations Security Council to

establish -

(A) an effective regime of international sanctions against

any nation or subnational group which conducts or sponsors acts

of international nuclear terrorism, and

(B) measures for coordinating responses to all acts of

international nuclear terrorism, including measures for the

recovery of stolen nuclear material and the clean-up of nuclear

releases.

(b) Reports to Congress

The President shall report to the Congress annually, in the

reports required by section 3281 of this title, on the progress

made during the preceding year in achieving the objectives

described in this section.

-SOURCE-

(Pub. L. 99-399, title VI, Sec. 601, Aug. 27, 1986, 100 Stat. 874.)

-COD-

CODIFICATION

Section was enacted as part of the Omnibus Diplomatic Security

and Antiterrorism Act of 1986, and not as part of the Nuclear

Non-Proliferation Act of 1978 which comprises this chapter.

-End-

-CITE-

22 USC SUBCHAPTER III - UNITED STATES ASSISTANCE TO

DEVELOPING COUNTRIES 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 47 - NUCLEAR NON-PROLIFERATION

SUBCHAPTER III - UNITED STATES ASSISTANCE TO DEVELOPING COUNTRIES

-HEAD-

SUBCHAPTER III - UNITED STATES ASSISTANCE TO DEVELOPING COUNTRIES

-End-

-CITE-

22 USC Sec. 3261 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 47 - NUCLEAR NON-PROLIFERATION

SUBCHAPTER III - UNITED STATES ASSISTANCE TO DEVELOPING COUNTRIES

-HEAD-

Sec. 3261. Congressional declaration of policy; Presidential report

to Congress

-STATUTE-

The United States shall endeavor to cooperate with other nations,

international institutions, and private organizations in

establishing programs to assist in the development of non-nuclear

energy resources, to cooperate with both developing and

industrialized nations in protecting the international environment

from contamination arising from both nuclear and non-nuclear energy

activities, and shall seek to cooperate with and aid developing

countries in meeting their energy needs through the development of

such resources and the application of non-nuclear technologies

consistent with the economic factors, the material resources of

those countries, and environmental protection. The United States

shall additionally seek to encourage other industrialized nations

and groups of nations to make commitments for similar cooperation

and aid to developing countries. The President shall report

annually to Congress on the level of other nations' and groups of

nations' commitments under such program and the relation of any

such commitments to United States efforts under this title. In

cooperating with and providing such assistance to developing

countries, the United States shall give priority to parties to the

Treaty.

-SOURCE-

(Pub. L. 95-242, title V, Sec. 501, Mar. 10, 1978, 92 Stat. 148.)

-MISC1-

EFFECTIVE DATE

Subchapter 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.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in this

section requiring the President to report annually to Congress, see

section 3003 of Pub. L. 104-66, as amended, set out as a note under

section 1113 of Title 31, Money and Finance, and page 126 of House

Document No. 103-7.

-TRANS-

DELEGATION OF FUNCTIONS

Secretary of State responsible for performing functions 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3262 of this title; title

12 section 635.

-End-

-CITE-

22 USC Sec. 3262 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 47 - NUCLEAR NON-PROLIFERATION

SUBCHAPTER III - UNITED STATES ASSISTANCE TO DEVELOPING COUNTRIES

-HEAD-

Sec. 3262. Programs

-STATUTE-

(a) Energy development programs

The United States shall initiate a program, consistent with the

aims of section 3261 of this title, to cooperate with developing

countries for the purpose of -

(1) meeting the energy needs required for the development of

such countries;

(2) reducing the dependence of such countries on petroleum

fuels, with emphasis given to utilizing solar and other renewable

energy resources; and

(3) expanding the energy alternatives available to such

countries.

(b) Energy assessments and cooperative projects

Such program shall include cooperation in evaluating the energy

alternatives of developing countries, facilitating international

trade in energy commodities, developing energy resources, and

applying suitable energy technologies. The program shall include

both general and country-specific energy assessments and

cooperative projects in resource exploration and production,

training, research and development.

(c) Exchange of scientists, technicians, and energy experts

As an integral part of such program, the Department of Energy,

under the general policy guidance of the Department of State and in

cooperation with the Agency for International Development and other

Federal agencies as appropriate, shall initiate, as soon as

practicable, a program for the exchange of United States

scientists, technicians, and energy experts with those of

developing countries to implement the purposes of this section.

(d) Authorization of appropriations

For the purposes of carrying out this section, there is

authorized to be appropriated such sums as are contained in annual

authorization Acts for the Department of Energy, including such

sums which have been authorized for such purposes under previous

legislation.

(e) Coordination with related United States activities abroad

Under the direction of the President, the Secretary of State

shall ensure the coordination of the activities authorized by this

subchapter with other related activities of the United States

conducted abroad, including the programs authorized by sections

2151a(c), 2151d(a)(2),(!1) and 2151q (!1) of this title.

-SOURCE-

(Pub. L. 95-242, title V, Sec. 502, Mar. 10, 1978, 92 Stat. 149.)

-REFTEXT-

REFERENCES IN TEXT

Section 2151d(a)(2) of this title, referred to in subsec. (e),

which at the time of enactment of this section related to programs

to increase energy production and conservation in developing

countries, was deleted in the general amendment of section 2151d by

Pub. L. 96-53, title I, Secs. 104(b), 105, Aug. 14, 1979, 93 Stat.

360, 362. For provisions relating to cooperative programs with

developing countries in energy production and conservation, see

section 2151d(b)(2) of this title.

Section 2151q of this title, referred to in subsec. (e), was

repealed by Pub. L. 96-533, title III, Sec. 304(g), Dec. 16, 1980,

94 Stat. 3147. See section 2151d(a)(2), (b)(2), (c) of this title.

-MISC1-

FEASIBILITY OF EXPANDING COOPERATIVE ACTIVITIES INTO INTERNATIONAL

COOPERATIVE EFFORT; PRESIDENTIAL REPORT TO CONGRESS NOT LATER THAN

MARCH 10, 1979

Section 503 of Pub. L. 95-242 directed President, not later than

twelve months after Mar. 10, 1978, to report to Congress on

feasibility of expanding cooperative activities established

pursuant to subsec. (c) of this section into an international

cooperative effort to include a scientific peace corps designed to

encourage large numbers of technically trained volunteers to live

and work in developing countries for varying periods of time for

purpose of engaging in projects to aid in meeting the energy needs

of such countries through search for and utilization of indigenous

energy resources and application of suitable technology, including

widespread utilization of renewable and unconventional energy

technologies, and to also include in report a discussion of other

mechanisms to conduct a coordinated international effort to

develop, demonstrate, and encourage utilization of such

technologies in developing countries.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

22 USC SUBCHAPTER IV - EXECUTIVE REPORTING 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 47 - NUCLEAR NON-PROLIFERATION

SUBCHAPTER IV - EXECUTIVE REPORTING

-HEAD-

SUBCHAPTER IV - EXECUTIVE REPORTING

-End-

-CITE-

22 USC Sec. 3281 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 47 - NUCLEAR NON-PROLIFERATION

SUBCHAPTER IV - EXECUTIVE REPORTING

-HEAD-

Sec. 3281. Annual Presidential report to Congress on governmental

efforts to prevent proliferation

-STATUTE-

(a) Review of Government activities; description of progress;

assessment of impact of progress; determinations regarding

non-nuclear-weapon states; counterproductiveness of policies

The President shall review all activities of Government

departments and agencies relating to preventing proliferation and

shall make a report to Congress in January of 1979 and annually in

January of each year thereafter on the Government's efforts to

prevent proliferation. This report shall include but not be limited

to -

(1) a description of the progress made toward -

(A) negotiating the initiatives contemplated in sections 3223

and 3224 of this title;

(B) negotiating the international arrangements or other

mutual undertakings contemplated in section 2153b of title 42;

(C) encouraging non-nuclear-weapon states that are not party

to the Treaty to adhere to the Treaty or, pending such

adherence, to enter into comparable agreements with respect to

safeguards and to foreswear the development of any nuclear

explosive devices, and discouraging nuclear exports to

non-nuclear-weapon states which have not taken such steps;

(D) strengthening the safeguards of the IAEA as contemplated

in section 3241 of this title; and

(E) renegotiating agreements for cooperation as contemplated

in section 2153c(a) of title 42;

(2) an assessment of the impact of the progress described in

paragraph (1) on the non-proliferation policy of the United

States; an explanation of the precise reasons why progress has

not been made on any particular point and recommendations with

respect to appropriate measures to encourage progress; and a

statement of what legislative modifications, if any, are

necessary in his judgment to achieve the non-proliferation policy

of the United States;

(3) a determination as to which non-nuclear-weapon states with

which the United States has an agreement for cooperation in

effect or under negotiation, if any, have -

(A) detonated a nuclear device; or

(B) refused to accept the safeguards of the IAEA on all of

their peaceful nuclear activities; or

(C) refused to give specific assurances that they will not

manufacture or otherwise acquire any nuclear explosive device;

or

(D) engaged in activities involving source or special nuclear

material and having direct significance for the manufacture or

acquisition of nuclear explosive devices;

(4) an assessment of whether any of the policies set forth in

this chapter have, on balance, been counterproductive from the

standpoint of preventing proliferation;

(5) a description of the progress made toward establishing

procedures to facilitate the timely processing of requests for

subsequent arrangements and export licenses in order to enhance

the reliability of the United States in meeting its commitments

to supply nuclear reactors and fuel to nations which adhere to

effective non-proliferation policies; (!1)

(6) a description of the implementation of nuclear and

nuclear-related dual-use export controls in the preceding

calendar year, including a summary by type of commodity and

destination of -

(A) all transactions for which -

(i) an export license was issued for any good controlled

under section 2139a(c) of title 42;

(ii) an export license was issued under section 2139(b) of

title 42;

(iii) approvals were issued under the Export Administration

Act of 1979 [50 App. U.S.C. 2401 et seq.], or section

2139(b)(3) of title 42, for the retransfer of any item,

technical data, component, or substance; or

(iv) authorizations were made as required by section

2077(b)(2) of title 42 to engage, directly or indirectly, in

the production of special nuclear material;

(B) each instance in which -

(i) a sanction has been imposed under section 6301(a) of

this title or section 6303 of this title or section

2799aa-1(b)(1) of this title;

(ii) sales or leases have been denied under section 2753(f)

of this title or transactions prohibited by reason of acts

relating to proliferation of nuclear explosive devices as

described in section 2780(d) of this title;

(iii) a sanction has not been imposed by reason of section

6301(c)(2) of this title or the imposition of a sanction has

been delayed under section 2799aa-1(b)(4) of this title; or

(iv) a waiver of a sanction has been made under -

(I) section 6301(f) of this title or section 6303 of this

title,

(II) section 2375(d) of this title, or paragraph (5) or

(6)(B) of section 2799aa-1(b) of this title,

(III) section 2780(g) of this title with respect to the

last sentence of section 2780(d) of this title, or

(IV) section 2364 of this title with respect to section

2375 of this title or section 2753(f) of this title, the

last sentence of section 2780(d) of this title, or

2799aa-1(b)(1) (!2) of this title; and

(C) the progress of those independent states of the former

Soviet Union that are non-nuclear-weapon states and of the

Baltic states towards achieving the objective of applying full

scope safeguards to all their peaceful nuclear activities.

Portions of the information required by paragraph (6) may be

submitted in classified form, as necessary. Any such information

that may not be published or disclosed under section 12(c)(1) of

the Export Administration Act of 1979 [50 App. U.S.C. 2411(c)(1)]

shall be submitted as confidential.

(b) Analysis of civil agreements for cooperation

In the first report required by this section, the President shall

analyze each civil agreement for cooperation negotiated pursuant to

section 2153 of title 42, and shall discuss the scope and adequacy

of the requirements and obligations relating to safeguards and

other controls therein.

-SOURCE-

(Pub. L. 95-242, title VI, Sec. 601, Mar. 10, 1978, 92 Stat. 150;

Pub. L. 103-236, title VIII, Sec. 811, Apr. 30, 1994, 108 Stat.

507.)

-REFTEXT-

REFERENCES IN TEXT

The Export Administration Act of 1979, referred to in subsec.

(a)(6)(A)(iii), is Pub. L. 96-72, Sept. 29, 1979, 93 Stat. 503, as

amended, which is classified principally to section 2401 et seq. of

Title 50, Appendix, War and National Defense. For complete

classification of this Act to the Code, see Short Title note set

out under section 2401 of Title 50, Appendix, and Tables.

-MISC1-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-236 struck out "and" after the

semicolon in par. (4), substituted a semicolon for the period in

par. (5), and added par. (6) and concluding provisions.

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 this title.

EFFECTIVE DATE

Subchapter 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.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(a) of this section relating to the requirement that the President

annually report to Congress on the Government's efforts to prevent

proliferation, see section 3003 of Pub. L. 104-66, as amended, set

out as a note under section 1113 of Title 31, Money and Finance,

and page 15 of House Document No. 103-7.

-TRANS-

DELEGATION OF FUNCTIONS

Secretary of State responsible for performing function vested in

President by this section to extent that it relates to preparation

of an annual report, see section 2(c) of Ex. Ord. No. 12058, May

11, 1978, 43 F.R. 20947, set out as a note under section 3201 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3223, 3224, 3244, 6323 of

this title.

-FOOTNOTE-

(!1) So in original. Probably should be "; and".

(!2) So in original. Probably should be preceded by "section".

-End-

-CITE-

22 USC Sec. 3282 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 47 - NUCLEAR NON-PROLIFERATION

SUBCHAPTER IV - EXECUTIVE REPORTING

-HEAD-

Sec. 3282. Reports by departments and agencies

-STATUTE-

(a) Reports by Nuclear Regulatory Commission and Department of

Energy

The annual reports to the Congress by the Commission and the

Department of Energy which are otherwise required by law shall also

include views and recommendations regarding the policies and

actions of the United States to prevent proliferation which are the

statutory responsibility of those agencies. The Department's report

shall include a detailed analysis of the proliferation implications

of advanced enrichment and reprocessing techniques, advanced

reactors, and alternative nuclear fuel cycles. This part of the

report shall include a comprehensive version which includes any

relevant classified information and a summary unclassified version.

(b) Additional reporting requirements

The reporting requirements of this subchapter are in addition to

and not in lieu of any other reporting requirements under

applicable law.

(c) Committees on Foreign Relations and Governmental Affairs of

Senate and Committee on International Relations of House of

Representatives to be kept informed

(1) The Department of State, the Department of Defense, the

Department of Commerce, the Department of Energy, the Commission,

and, with regard to subparagraph (B), the Director of Central

Intelligence, shall keep the Committees on Foreign Relations and

Governmental Affairs of the Senate and the Committee on

International Relations of the House of Representatives fully and

currently informed with respect to -

(A) their activities to carry out the purposes and policies of

this chapter and to otherwise prevent proliferation, including

the proliferation of nuclear, chemical, or biological weapons, or

their means of delivery; and

(B) the current activities of foreign nations which are of

significance from the proliferation standpoint.

(2) For the purposes of this subsection with respect to paragraph

(1)(B), the phrase "fully and currently informed" means the

transmittal of credible information not later than 60 days after

becoming aware of the activity concerned.

(d) Classified portions of reports

Any classified portions of the reports required by this chapter

shall be submitted to the Senate Foreign Relations Committee and

the House Foreign Affairs Committee.

(e) Omitted

(f) Access by Secretary of Defense to information regarding nuclear

proliferation matters; applicability

(1) The Secretary of Defense shall have access, on a timely

basis, to all information regarding nuclear proliferation matters

which the Secretary of State or the Secretary of Energy has or is

entitled to have. Such access shall include access to all

communications, materials, documents, and records relating to

nuclear proliferation matters.

(2) This subsection does not apply to any intradepartmental

document of the Department of State or the Department of Energy, or

any portion of such document, that is solely concerned with

internal, confidential advice on policy concerning the conduct of

interagency deliberations on nuclear proliferation matters.

-SOURCE-

(Pub. L. 95-242, title VI, Sec. 602, Mar. 10, 1978, 92 Stat. 151;

Pub. L. 99-661, div. A, title XIII, Sec. 1370, Nov. 14, 1986, 100

Stat. 4004; Pub. L. 103-437, Sec. 9(a)(8), Nov. 2, 1994, 108 Stat.

4588; Pub. L. 105-277, div. G, subdiv. A, title XII, Sec.

1225(e)(6), Oct. 21, 1998, 112 Stat. 2681-775; Pub. L. 106-113,

div. B, Sec. 1000(a)(7), [div. B, title XI, Sec. 1131], Nov. 29,

1999, 113 Stat. 1536, 1501A-492.)

-COD-

CODIFICATION

Subsec. (e) directed that, three years after Mar. 10, 1978, the

Comptroller General complete a study and report to Congress on the

implementation and impact of this chapter on the nuclear

non-proliferation policies, purposes, and objectives of this

chapter, with such recommendations as deemed necessary to support

the nuclear non-proliferation policies, purposes, and objectives of

this chapter.

-MISC1-

AMENDMENTS

1999 - Subsec. (c). Pub. L. 106-113 amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows: "The

Department of State, the Department of Defense, the Department of

Commerce, the Department of Energy, and the Commission shall keep

the Committees on Foreign Relations and Governmental Affairs of the

Senate and the Committee on Foreign Affairs of the House of

Representatives fully and currently informed with respect to their

activities to carry out the purposes and policies of this chapter

and to otherwise prevent proliferation, and with respect to the

current activities of foreign nations which are of significance

from the proliferation standpoint."

1998 - Subsec. (c). Pub. L. 105-277, Sec. 1225(e)(6)(A), struck

out "the Arms Control and Disarmament Agency," after "the

Department of Defense,".

Subsec. (e). Pub. L. 105-277, Sec. 1225(e)(6)(B), struck out "and

the Director" after "and the Commission" in subsec. (e), which had

previously been omitted from the Code. See Codification note above.

1994 - Subsecs. (c), (d). Pub. L. 103-437 substituted "Foreign

Affairs" for "International Relations".

1986 - Subsec. (c). Pub. L. 99-661, Sec. 1370(1), inserted "the

Department of Defense,".

Subsec. (f). Pub. L. 99-661, Sec. 1370(2), added subsec. (f).

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-MISC2-

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 Effective Date note under

section 6511 of this title.

PROVISION OF CERTAIN INFORMATION TO CONGRESS

Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. B, title XI, Sec.

1134], Nov. 29, 1999, 113 Stat. 1536, 1501A-494, provided that:

"(a) Requirement to Provide Information. - The head of each

department and agency described in section 602(c) of the Nuclear

Non-Proliferation Act of 1978 (22 U.S.C. 3282(c)) shall promptly

provide information to the chairman and ranking minority member of

the Committee on Foreign Relations of the Senate and the Committee

on International Relations of the House of Representatives in

meeting the requirements of subsection (c) or (d) of section 602 of

such Act [22 U.S.C. 3282(c), (d)].

"(b) Issuance of Directives. - Not later than February 1, 2000,

the Secretary of State, the Secretary of Defense, the Secretary of

Commerce, the Secretary of Energy, the Director of Central

Intelligence, and the Chairman of the Nuclear Regulatory Commission

shall issue directives, which shall provide access to information,

including information contained in special access programs, to

implement their responsibilities under subsections (c) and (d) of

section 602 of the Nuclear Non-Proliferation Act of 1978 (22 U.S.C.

3282(c) and (d)). Copies of such directives shall be forwarded

promptly to the Committee on Foreign Relations of the Senate and

the Committee on International Relations of the House of

Representatives upon the issuance of the directives."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6304 of this title.

-End-