
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC3223]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                  CHAPTER 47--NUCLEAR NON-PROLIFERATION
 
SUBCHAPTER I--UNITED STATES INITIATIVES TO PROVIDE ADEQUATE NUCLEAR FUEL 
                                 SUPPLY
 
Sec. 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, 
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.

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

                          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.

                         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.

                  Section Referred to in Other Sections

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