2. Nuclear Non-Proliferation Act of 1978 and Related Materials a. Nuclear Non-Proliferation Act of 1978 Partial text of Public Law 95-242 [H.R. 8638], 92 Stat. 120, approved March 10, 1978; as amended by Public Law 99-661 [National Defense Authorization Act for Fiscal Year 1987; S. 2638], 100 Stat. 3816, approved November 11, 1986; Public Law 103–236 [Foreign Relations Authorization Act, Fiscal Years 1994 and 1995; H.R. 2333], 108 Stat. 382, approved April 30, 1994; Public Law 103-437 [U.S.C. Technical Amendments; H.R. 4777], 108 Stat. 4581, approved November 2, 1994 NOTE.-Sections of this Act that have been omitted amended the Atomic Energy Act of 1954. See the appropriate sections of the 1954 Act beginning on page 311 for the text of these omitted sections. AN ACT To provide for more efficient and effective control over the proliferation of nuclear explosive capability. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Nuclear Non-Proliferation Act of 1978." STATEMENT OF POLICY SEC. 2.1 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 122 U.S.C. 3201. See also secs. 801-851 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 507), which comprise the Nuclear Proliferation Prevention Act of 1994, in Legislation on Foreign Relations Through 1994, vol. II, beginning at page 157. 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; 2 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. STATEMENT OF PURPOSE SEC. 3.3 It is the purpose of this Act 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. DEFINITIONS SEC. 4.4 (a) As used in this Act, the term (1) "Commission" means the Nuclear Regulatory Commission; (2) "Director" means the Director of the Arms Control and Disarmament Agency; (3) "IAEA" means International Atomic Energy Agency; (4) "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 109 b. of the 1954 Act; 2This policy was reiterated by Congress in sec. 507 of the International Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 378) (see Legislation on Foreign Relations Through 1994, vol. I-A). Sec. 507(b), which was repealed in 1981, also called for a report (submitted to Congress on November 19, 1979) from the Secretary of State, on steps taken by the Department of State to encourage nations which are not parties to the treaty to become parties. 322 U.S.C. 3202. 422 U.S.C. 3203. (5) "physical security measures" means measures to reasonably ensure that source or special nuclear material will only be used for authorized purpose and to prevent theft and sabotage; (6) "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; (7) "1954 Act" means the Atomic Energy Act of 1954, as amended; and (8) "the Treaty" means the Treaty on the Non-Proliferation of Nuclear Weapons.5 (b) All other terms used in this Act not defined in this section shall have the meanings ascribed to them by the 1954 Act, the Energy Reorganization Act of 1974, and the Treaty. TITLE I-UNITED STATES INITIATIVES TO PROVIDE POLICY SEC. 101.6 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 161 of the 1954 Act 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 nonproliferation 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. URANIUM ENRICHMENT CAPACITY SEC. 102.7 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, the Secretary of State, and the Director of the Arms Control and Disarmament Agency are directed to establish and implement procedures which will ensure to the maximum ex "See Legislation on Foreign Relations, vol. V, sec. L, for text of treaty. 622 U.S.C. 3221. 722 U.S.C. 3222. tent feasible, consistent with this Act, orderly processing of subsequent arrangements and export licenses with minimum time delay. REPORT SEC. 103. The President shall promptly undertake a study to determine the need for additional United States enrichment capacity to meet domestic and foreign needs and to promote United States nonproliferation objectives abroad. The President shall report to the Congress on the results of this study within twelve months after the date of enactment of this Act. INTERNATIONAL UNDERTAKINGS SEC. 104.8 (a) Consistent with section 105 of this Act, 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) 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 403 of this Act, 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) The President shall submit to Congress not later than six months after the date of enactment of this Act proposals for initial fuel assurances, including creation of an interim stockpile of ura 22 U.S.C. 3223. nium 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. Such submission shall 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 shall also include proposals for seeking contributions from other supplier nations to such an interim stockpile pending the establishment of INFA. (c) The President shall, in the report required by section 103, also address the desirability of and options for foreign participation, including investment, in new United States uranium enrichment facilities. This report shall also address the arrangements that would be required to implement such participation and the commitments that would be required as a condition of such participation. This report shall be accompanied by any proposed legislation to implement these arrangements. (d) The fuel assurances contemplated by this section shall be for the benefit of nations that adhere to policies designated 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 nonnuclear-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) The report required by section 601 shall include information on the progress made in any negotiations pursuant to this section. (f)(1) The President may not enter into any binding international undertaking negotiated pursuant to subsection (a) 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) shall be submitted to the Congress as part of an annual authorization Act for the Department of Energy. REEVALUATION OF NUCLEAR FUEL CYCLE SEC. 105.9 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 601, detail the progress of such international reevaluation. 22 U.S.C. 3224. |