References in Text

This chapter, referred to in subsecs. (a)(2)(C), (3), (4) and (f)(1)(C), was in the original “this Act”, meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables.


1998—Subsec. (a)(1). Pub. L. 105–277, § 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, § 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, § 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, § 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”.

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.

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, § 3151, Nov. 30, 1993, 107 Stat. 1949, provided that:

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’).
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.
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—
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));
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
the signing by the Secretary of a record of decision following such completion.
Limitations on Receipt.—
The Secretary of Energy may not, under emergency or non-emergency circumstances, receive spent nuclear fuel if the spent nuclear fuel—
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
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.
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—
has the lowest human population in the area surrounding the port of entry;
is closest in proximity to the facility which will store the spent nuclear fuel; and
has the most appropriate facilities for, and experience in, receiving spent nuclear fuel.
In this section, the term ‘spent nuclear fuel’ means nuclear fuel that—
was originally exported to a foreign country from the United States in the form of highly enriched uranium; and
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.