
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: 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.
