§ 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.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC3224a]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 47--NUCLEAR NON-PROLIFERATION
SUBCHAPTER I--UNITED STATES INITIATIVES TO PROVIDE ADEQUATE NUCLEAR FUEL
SUPPLY
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
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.
(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.)
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.
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.
Amendments
1994--Pub. L. 103-437 substituted ``Science, Space, and Technology''
for ``Science and Technology''.
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.
