
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC2160]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
          CHAPTER 23--DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
 
                        Division A--Atomic Energy
 
                 SUBCHAPTER X--INTERNATIONAL ACTIVITIES
 
Sec. 2160. Subsequent arrangements


(a) Consultation and concurrence; negotiations of a policy nature; 
        notice of proposed subsequent arrangements; Nuclear 
        Proliferation Assessment Statement; reprocessing of material

    (1) Prior to entering into any proposed subsequent arrangement under 
an agreement for cooperation (other than an agreement for cooperation 
arranged pursuant to section 2121(c), 2164(b), or 2164(c) of this 
title), the Secretary of Energy shall obtain the concurrence of the 
Secretary of State and shall consult with the Commission, and the 
Secretary of Defense: Provided, That the Secretary of State shall have 
the leading role in any negotiations of a policy nature pertaining to 
any proposed subsequent arrangement regarding arrangements for the 
storage or disposition of irradiated fuel elements or approvals for the 
transfer, for which prior approval is required under an agreement for 
cooperation, by a recipient of source or special nuclear material, 
production or utilization facilities, or nuclear technology. Notice of 
any proposed subsequent arrangement shall be published in the Federal 
Register, together with the written determination of the Secretary of 
Energy that such arrangement will not be inimical to the common defense 
and security, and such proposed subsequent arrangement shall not take 
effect before fifteen days after publication. Whenever the Secretary of 
State is required to prepare a Nuclear Proliferation Assessment 
Statement pursuant to paragraph (2) of this subsection, notice of the 
proposed subsequent arrangement which is the subject of the requirement 
to prepare a Nuclear Proliferation Assessment Statement shall not be 
published until after the receipt by the Secretary of Energy of such 
Statement or the expiration of the time authorized by subsection (c) of 
this section for the preparation of such Statement, whichever occurs 
first.
    (2) If in the view of the Secretary of State, Secretary of Energy, 
Secretary of Defense, or the Commission a proposed subsequent 
arrangement might significantly contribute to proliferation, the 
Secretary of State, in consultation with such Secretary or the 
Commission, shall prepare an unclassified Nuclear Proliferation 
Assessment Statement with regard to such proposed subsequent arrangement 
regarding the adequacy of the safeguards and other control mechanisms 
and the application of the peaceful use assurances of the relevant 
agreement to ensure that assistance to be furnished pursuant to the 
subsequent arrangement will not be used to further any military or 
nuclear explosive purpose. For the purposes of this section, the term 
``subsequent arrangements'' means arrangements entered into by any 
agency or department of the United States Government with respect to 
cooperation with any nation or group of nations (but not purely private 
or domestic arrangements) involving--
        (A) contracts for the furnishing of nuclear materials and 
    equipment;
        (B) approvals for the transfer, for which prior approval is 
    required under an agreement for cooperation, by a recipient of any 
    source or special nuclear material, production or utilization 
    facility, or nuclear technology;
        (C) authorization for the distribution of nuclear materials and 
    equipment pursuant to this chapter which is not subject to the 
    procedures set forth in section 2141(b), section 2155, or section 
    2139(b) of this title;
        (D) arrangements for physical security;
        (E) arrangements for the storage or disposition of irradiated 
    fuel elements;
        (F) arrangements for the application of safeguards with respect 
    to nuclear materials and equipment; or
        (G) any other arrangement which the President finds to be 
    important from the standpoint of preventing proliferation.

    (3) The United States will give timely consideration to all requests 
for prior approval, when required by this chapter, for the reprocessing 
of material proposed to be exported, previously exported and subject to 
the applicable agreement for cooperation, or special nuclear material 
produced through the use of such material or a production or utilization 
facility transferred pursuant to such agreement for cooperation, or to 
the altering of irradiated fuel elements containing such material, and 
additionally, to the maximum extent feasible, will attempt to expedite 
such consideration when the terms and conditions for such actions are 
set forth in such agreement for cooperation or in some other 
international agreement executed by the United States and subject to 
congressional review procedures comparable to those set forth in section 
2153 of this title.
    (4) All other statutory requirements under other sections of this 
chapter for the approval or conduct of any arrangement subject to this 
subsection shall continue to apply and any other such requirements for 
prior approval or conditions for entering such arrangements shall also 
be satisfied before the arrangement takes effect pursuant to paragraph 
(1).

(b) Reports to Congressional committees; increase in risk of 
        proliferation

    With regard to any special nuclear material exported by the United 
States or produced through the use of any nuclear materials and 
equipment or sensitive nuclear technology exported by the United 
States--
        (1) the Secretary of Energy may not enter into any subsequent 
    arrangement for the retransfer of any such material to a third 
    country for reprocessing, for the reprocessing of any such material, 
    or for the subsequent retransfer of any plutonium in quantities 
    greater than 500 grams resulting from the reprocessing of any such 
    material, until he has provided the Committee on Foreign Affairs of 
    the House of Representatives and the Committee on Foreign Relations 
    of the Senate with a report containing his reasons for entering into 
    such arrangement and a period of 15 days of continuous session (as 
    defined in section 2159(g) of this title) has elapsed: Provided, 
    however, That if in the view of the President an emergency exists 
    due to unforeseen circumstances requiring immediate entry into a 
    subsequent arrangement, such period shall consist of fifteen 
    calendar days;
        (2) the Secretary of Energy may not enter into any subsequent 
    arrangement for the reprocessing of any such material in a facility 
    which has not processed power reactor fuel assemblies or been the 
    subject of a subsequent arrangement therefor prior to March 10, 
    1978, or for subsequent retransfer to a non-nuclear-weapon state of 
    any plutonium in quantities greater than 500 grams resulting from 
    such reprocessing, unless in his judgment, and that of the Secretary 
    of State, such reprocessing or retransfer will not result in a 
    significant increase of the risk of proliferation beyond that which 
    exists at the time that approval is requested. Among all the factors 
    in making this judgment, foremost consideration will be given to 
    whether or not the reprocessing or retransfer will take place under 
    conditions that will ensure timely warning to the United States of 
    any diversion well in advance of the time at which the non-nuclear-
    weapon state could transform the diverted material into a nuclear 
    explosive device; and
        (3) the Secretary of Energy shall attempt to ensure, in entering 
    into any subsequent arrangement for the reprocessing of any such 
    material in any facility that has processed power reactor fuel 
    assemblies or been the subject of a subsequent arrangement therefor 
    prior to March 10, 1978, or for the subsequent retransfer to any 
    non-nuclear-weapon state of any plutonium in quantities greater than 
    500 grams resulting from such reprocessing, that such reprocessing 
    or retransfer shall take place under conditions comparable to those 
    which in his view, and that of the Secretary of State, satisfy the 
    standards set forth in paragraph (2).

(c) Procedures for consideration of requests for subsequent arrangements

    The Secretary of Energy shall, within ninety days after March 10, 
1978, establish orderly and expeditious procedures, including provision 
for necessary administrative actions and inter-agency memoranda of 
understanding, which are mutually agreeable to the Secretaries of State, 
Defense, and Commerce and the Nuclear Regulatory Commission for the 
consideration of requests for subsequent arrangements under this 
section. Such procedures shall include, at a minimum, explicit direction 
on the handling of such requests, express deadlines for the solicitation 
and collection of the views of the consulted agencies (with identified 
officials responsible for meeting such deadlines), an inter-agency 
coordinating authority to monitor the processing of such requests, 
predetermined procedures for the expeditious handling of intra-agency 
and inter-agency disagreements and appeals to higher authorities, 
frequent meetings of inter-agency administrative coordinators to review 
the status of all pending requests, and similar administrative 
mechanisms. To the extent practicable, an applicant should be advised of 
all the information required of the applicant for the entire process for 
every agency's needs at the beginning of the process. Potentially 
controversial requests should be identified as quickly as possible so 
that any required policy decisions or diplomatic consultations can be 
initiated in a timely manner. An immediate effort should be undertaken 
to establish quickly any necessary standards and criteria, including the 
nature of any required assurance or evidentiary showings, for the 
decisions required under this section. Further, such procedures shall 
specify that if he intends to prepare a Nuclear Proliferation Assessment 
Statement, the Secretary of State shall so declare in his response to 
the Department of Energy. If the Secretary of State declares that he 
intends to prepare such a Statement, he shall do so within sixty days of 
his receipt of a copy of the proposed subsequent arrangement (during 
which time the Secretary of Energy may not enter into the subsequent 
arrangement), unless pursuant to the Secretary of State's request, the 
President waives the sixty-day requirement and notifies the Committee on 
Foreign Affairs of the House of Representatives and the Committee on 
Foreign Relations of the Senate of such waiver and the justification 
therefor. The processing of any subsequent arrangement proposed and 
filed as of March 10, 1978, shall not be delayed pending the development 
and establishment of procedures to implement the requirements of this 
section.

(d) Activities not prohibited, precluded, or limited

    Nothing in this section is intended to prohibit, permanently or 
unconditionally, the reprocessing of spent fuel owned by a foreign 
nation which fuel has been supplied by the United States, to preclude 
the United States from full participation in the International Nuclear 
Fuel Cycle Evaluation provided for in section 3224 of title 22; to in 
any way limit the presentation or consideration in that evaluation of 
any nuclear fuel cycle by the United States or any other participation; 
nor to prejudice open and objective consideration of the results of the 
evaluation.

(e) Jurisdiction of Secretary of Energy

    Notwithstanding section 7172(d) of this title, the Secretary of 
Energy, and not the Federal Energy Regulatory Commission, shall have 
sole jurisdiction within the Department of Energy over any matter 
arising from any function of the Secretary of Energy in this section.

(f) Subsequent arrangements involving direct or indirect commitment of 
        United States for storage or other disposition of foreign spent 
        nuclear fuel in United States

    (1) With regard to any subsequent arrangement under subsection 
(a)(2)(E) of this section (for the storage or disposition of irradiated 
fuel elements), where such arrangement involves a direct or indirect 
commitment of the United States for the storage or other disposition, 
interim or permanent, of any foreign spent nuclear fuel in the United 
States, the Secretary of Energy may not enter into any such subsequent 
arrangement, unless:
        (A)(i) Such commitment of the United States has been submitted 
    to the Congress for a period of sixty days of continuous session (as 
    defined in section 2159(g) of this title) and has been referred to 
    the Committee on Foreign Affairs of the House of Representatives and 
    the Committee on Foreign Relations of the Senate, but any such 
    commitment shall not become effective if during such sixty-day 
    period the Congress adopts a concurrent resolution stating in 
    substance that it does not favor the commitment, any such commitment 
    to be considered pursuant to the procedures set forth in section 
    2159 of this title for the consideration of Presidential 
    submissions; or (ii) if the President has submitted a detailed 
    generic plan for such disposition or storage in the United States to 
    the Congress for a period of sixty days of continuous session (as 
    defined in section 2159(g) of this title), which plan has been 
    referred to the Committee on Foreign Affairs of the House of 
    Representatives and the Committee on Foreign Relations of the Senate 
    and has not been disapproved during such sixty-day period by the 
    adoption of a concurrent resolution stating in substance that 
    Congress does not favor the plan; and the commitment is subject to 
    the terms of an effective plan. Any such plan shall be considered 
    pursuant to the procedures set forth in section 2159 of this title 
    for the consideration of Presidential submissions;
        (B) The Secretary of Energy has complied with subsection (a) of 
    this section; and
        (C) The Secretary of Energy has complied, or in the arrangement 
    will comply with all other statutory requirements of this chapter, 
    under sections 2074 and 2075 of this title and any other applicable 
    sections, and any other requirements of law.

    (2) Paragraph (1) shall not apply to the storage or other 
disposition in the United States of limited quantities of foreign spent 
nuclear fuel if the President determines that (A) a commitment under 
section 2074 or 2075 of this title of the United States for storage or 
other disposition of such limited quantities in the United States is 
required by an emergency situation, (B) it is in the national interest 
to take such immediate action, and (C) he notifies the Committees on 
Foreign Affairs and Science, Space, and Technology of the House of 
Representatives and the Committees on Foreign Relations and Energy and 
Natural Resources of the Senate of the determination and action, with a 
detailed explanation and justification thereof, as soon as possible.
    (3) Any plan submitted by the President under paragraph (1) shall 
include a detailed discussion, with detailed information, and any 
supporting documentation thereof, relating to policy objectives, 
technical description, geographic information, cost data and 
justifications, legal and regulatory considerations, environmental 
impact information and any related international agreements, 
arrangements or understandings.
    (4) For the purposes of this subsection, the term ``foreign spent 
nuclear fuel'' shall include 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 other control of the fuel or reactor and regardless 
of the origin or licensing of the fuel or reactor, but not including 
fuel irradiated in a research reactor.

(Aug. 1, 1946, ch. 724, title I, Sec. 131, as added Pub. L. 95-242, 
title III, Sec. 303(a), Mar. 10, 1978, 92 Stat. 127; renumbered title I, 
Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 
2944; amended Pub. L. 103-437, Sec. 15(f)(6), Nov. 2, 1994, 108 Stat. 
4592; Pub. L. 105-277, div. G, title XII, Sec. 1225(d)(6), (7), Oct. 21, 
1998, 112 Stat. 2681-774.)


                               Amendments

    1998--Subsec. (a)(1). Pub. L. 105-277, Sec. 1225(d)(6)(A), in first 
sentence, struck out ``the Director,'' after ``shall consult with'' and, 
in third sentence, substituted ``the Secretary of State is required'' 
for ``the Director declares that he intends'' and ``the requirement to 
prepare a Nuclear Proliferation Assessment Statement'' for ``the 
Director's declaration''.
    Subsec. (a)(2). Pub. L. 105-277, Sec. 1225(d)(6)(B), substituted 
``view of the Secretary of State, Secretary of Energy, Secretary of 
Defense, or the Commission'' for ``Director's view'' and ``the Secretary 
of State, in consultation with such Secretary or the Commission, shall 
prepare'' for ``he may prepare''.
    Subsec. (c). Pub. L. 105-277, Sec. 1225(d)(7), struck out ``, the 
Director of the Arms Control and Disarmament Agency,'' before ``and the 
Nuclear'' in first sentence and substituted ``Secretary of State'' for 
``Director'' in sixth and seventh sentences and ``Secretary of State's'' 
for ``Director's'' in seventh sentence.
    1994--Subsecs. (b)(1), (c), (f)(1)(A). Pub. L. 103-437, 
Sec. 15(f)(6)(A), substituted ``Foreign Affairs'' for ``International 
Relations'' wherever appearing.
    Subsec. (f)(2). Pub. L. 103-437 substituted ``Foreign Affairs and 
Science, Space, and Technology'' for ``International Relations and 
Science and Technology''.

                         Change of Name

    Committee on Foreign Affairs of House of Representatives treated as 
referring to Committee on International Relations of House of 
Representatives and 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.


                    Effective Date of 1998 Amendment

    Amendment by Pub. L. 105-277 effective on earlier of Apr. 1, 1999, 
or date of abolition of the United States Arms Control and Disarmament 
Agency pursuant to reorganization plan described in section 6601 of 
Title 22, Foreign Relations and Intercourse, see section 1201 of Pub. L. 
105-277, set out as an Effective Date note under section 6511 of Title 
22.


                             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 Title 22, Foreign Relations and Intercourse.

                          Transfer of Functions

    Atomic Energy Commission abolished and functions transferred by 
sections 5814 and 5841 of this title. See also Transfer of Functions 
notes set out under those sections.

                         Delegation of Functions

    Delegation or assignment to Secretary of Energy of functions vested 
in President under subsecs. (a)(2)(G), (b)(1), and (f)(2) of this 
section, and of function vested in President under subsec. (f)(1)(A)(ii) 
of this section to extent that such function relates to preparation of a 
detailed generic plan, see section 1(b) and (c) of Ex. Ord. No. 12058, 
May 11, 1978, 43 F.R. 20947, set out under section 3201 of Title 22, 
Foreign Relations and Intercourse.
    Secretary of State responsible for performing function vested in 
President under subsec. (c) of this section, except that Secretary of 
State may not waive 60-day requirement for preparation of a Nuclear Non-
Proliferation Assessment Statement for more than 60 days without 
approval of President, see section 2(e) of Ex. Ord. No. 12058, May 11, 
1978, 43 F.R. 20947, set out under section 3201 of Title 22.


 Limitations on Receipt and Storage of Spent Nuclear Fuel From Foreign 
                            Research Reactors

    Pub. L. 103-160, div. C, title XXXI, Sec. 3151, Nov. 30, 1993, 107 
Stat. 1949, provided that:
    ``(a) Purpose.--It is the purpose of this section to regulate the 
receipt and storage of spent nuclear fuel at the Department of Energy 
defense nuclear facility located at the Savannah River Site, South 
Carolina (in this section referred to as the `Savannah River Site').
    ``(b) Receipt in Emergency Circumstances.--When the Secretary of 
Energy determines that emergency circumstances make it necessary to 
receive spent nuclear fuel, the Secretary shall submit a notification of 
that determination to the Congress. The Secretary may not receive spent 
nuclear fuel at the Savannah River Site until the expiration of the 30-
day period beginning on the date on which the Congress receives the 
notification.
    ``(c) Limitation on Storage in Non-emergency Circumstances.--The 
Secretary of Energy may not, under other than emergency circumstances, 
receive and store at the Savannah River Site any spent nuclear fuel in 
excess of the amount that (as of the date of the enactment of this Act 
[Nov. 30, 1993]) the Savannah River Site is capable of receiving and 
storing, until, with respect to the receipt and storage of any such 
spent nuclear fuel--
        ``(1) the completion of an environmental impact statement under 
    section 102(2)(C) of the National Environmental Policy Act of 1969 
    (42 U.S.C. 4332(2)(C));
        ``(2) the expiration of the 90-day period (as prescribed by 
    regulation pursuant to such Act [42 U.S.C. 4321 et seq.]) beginning 
    on the date of such completion; and
        ``(3) the signing by the Secretary of a record of decision 
    following such completion.
    ``(d) Limitations on Receipt.--The Secretary of Energy may not, 
under emergency or non-emergency circumstances, receive spent nuclear 
fuel if the spent nuclear fuel--
        ``(1) cannot be transferred in an expeditious manner from its 
    port of entry in the United States to a storage facility that is 
    located at a Department of Energy facility and is capable of 
    receiving and storing the spent nuclear fuel; or
        ``(2) will remain on a vessel in the port of entry for a period 
    that exceeds the period necessary to unload the fuel from the vessel 
    pursuant to routine unloading procedures.
    ``(e) Criteria for Port of Entry.--The Secretary of Energy shall, if 
economically feasible and to the maximum extent practicable, provide for 
the receipt of spent nuclear fuel under this section at a port of entry 
in the United States which, as determined by the Secretary and compared 
to each other port of entry in the United States that is capable of 
receiving the spent nuclear fuel--
        ``(1) has the lowest human population in the area surrounding 
    the port of entry;
        ``(2) is closest in proximity to the facility which will store 
    the spent nuclear fuel; and
        ``(3) has the most appropriate facilities for, and experience 
    in, receiving spent nuclear fuel.
    ``(f) Definition.--In this section, the term `spent nuclear fuel' 
means nuclear fuel that--
        ``(1) was originally exported to a foreign country from the 
    United States in the form of highly enriched uranium; and
        ``(2) was used in a research reactor by the Government of a 
    foreign country or by a foreign-owned or foreign-controlled 
    entity.''


       Performance of Functions Pending Development of Procedures

    The performance of functions under this chapter, as amended by the 
Nuclear Non-Proliferation Act of 1978, Pub. L. 95-242, Mar. 10, 1978, 92 
Stat. 120, not to be delayed pending development of procedures even 
though as many as 120 days [after Mar. 10, 1978] are allowed for 
establishing those procedures, see section 5(b) of Ex. Ord. No. 12058, 
May 11, 1978, 43 F.R. 20947, set out under section 3201 of Title 22, 
Foreign Relations and Intercourse.

                  Section Referred to in Other Sections

    This section is referred to in sections 2074, 2075, 2077, 2153a, 
2159, 2160c of this title.
