(B) negotiating the international arrangements or other mutual undertakings contemplated in section 403 of this Act; (C) encouraging non-nuclear-weapon states that are not party to the Treaty to adhere to the Treaty or, pending such adherence, to enter into comparable agreements with respect to safeguards and to foreswear the development of any nuclear explosive devices, and discouraging nuclear exports to non-nuclear-weapon states which have not taken such steps; (D) strengthening the safeguards of the IAEA as contemplated in section 201 of this Act; and (E) renegotiating agreements for cooperation as contemplated in section 404 (a) of this Act; (2) an assessment of the impact of the progress described in paragraph (1) on the non-proliferation policy of the United States; an explanation of the precise reasons why progress has not been made on any particular point and recommendations with respect to appropriate measures to encourage progress; and a statement of what legislative modifications, if any, are necessary in his judgment to achieve the non-proliferation policy of the United States; (3) a determination as to which non-nuclearweapon states with which the United States has an agreement for cooperation in effect or under negotiation, if any, have (A) detonated a nuclear device; or (B) refused to accept the safeguards of the IAEA on all of their peaceful nuclear activities; or (C) refused to give specific assurances that they will not manufacture or otherwise acquire any nuclear explosive device; or (D) engaged in activties involving source or special nuclear material and having direct significance for the manufacture or acquisition of nuclear explosive devices; (4) an assessment of whether any of the policies set forth in this Act have, on balance, been counterproductive from the standpoint of preventing proliferation; and (5) a description of the progress made toward establishing procedures to facilitate the timely processing of requests for subsequent arrangements and export licenses in order to enhance the reliability of the United States in meeting its commitments to supply nuclear reactors and fuel to nations which adhere to effective non-proliferation policies. Current civil agreements, analysis. Reports to Congress. Governmental nuclear nonproliferation activities. 22 USC 3282. Report to (b) In the first report required by this section, the President shall analyze each civil agreement for cooperation negotiated pursuant to section 123 of the 1954 Act, and shall discuss the scope and adequacy of the requirements and obligations relating to safeguards and other controls therein. ADDITIONAL REPORTS SEC. 602. (a) The annual reports to the Congress by the Commission and the Department of Energy which are otherwise required by law shall also include views and recommendations regarding the policies and actions of the United States to prevent proliferation which are the statutory responsibility of those agencies. The Department's report shall include a detailed analysis of the proliferation implications of advanced enrichment and reprocessing techniques, advanced reactors, and alternative nuclear fuel cycles. This part of the report shall include a comprehensive version which includes any relevant classified information and a summary unclassified version. (b) The reporting requirements of this title are in addition to and not in lieu of any other reporting requirements under applicable law. (c) The Department of State, the Arms Control and Disarmament Agency, the Department of Commerce, the Department of Energy, and the Commission shall keep the Committees on Foreign Relations and Governmental Affairs of the Senate and the Committee on International Relations of the House of Representatives fully and currently informed with respect to their activities to carry out the purposes and policies of this Act and to otherwise prevent proliferation, and with respect to the current activities of foreign nations which are of significance from the proliferation standpoint. (d) Any classified portions of the reports required by this Act shall be submitted to the Senate Foreign Relations Committee and the House International Relations Committee. (e) Three years after enactment of this Act, the Comptroller General shall complete a study and report to the policies, study. Congress on the implementation and impact of this Act on the nuclear non-proliferation policies, purposes, and objectives of this Act. The Secretaries of State, Energy, Defense, and Commerce and the Commission and the Director shall cooperate with the Comptroller General in the conduct of the study. The report shall contain such recommendations as the Comptroller General deems necessary to support the nuclear non-proliferation policies, purposes, and objectives of this Act. SAVING CLAUSE SEC. 603. (a) All orders, determinations, rules, regula- 42 USC 2153f. tions, permits, contracts, agreements, certificates, licenses, and privileges (1) which have been issued, made, granted, or allowed to become effective in the exercise of functions which are the subject of this Act, by (i) any agency or officer, or part thereof, in exercising the functions which are affected by this Act, or (ii) any court of competent jurisdiction, and (2) which are in effect at the time this Act takes effect, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or repealed as the case may be, by the parties thereto or by any court of competent jurisdiction. (b) Nothing in this Act shall affect the procedures or 42 USC 2153f. requirements applicable to agreements for cooperation 2164. entered into pursuant to sections 91 c., 144b., or 144c. of 42 USC 2121, the 1954 Act or arrangements pursuant thereto as it was in effect immediately prior to the date of enactment of this Act. 22 USC 3201 note. (c) Except where otherwise provided, the provisions Effective date. of this Act shall take effect immediately upon enactment regardless of any requirement for the promulgation of regulations to implement such provisions. Approved March 10, 1978. INDEX TO THE LEGISLATIVE HISTORY OF THE PUBLIC LAW 95-242-H.R. 8638 (Page references are to the daily editions of the Congressional Record, 95th Congress) H.R. 8638 introduced by Mr. Bingham, Mr. Zablocki, Mr. Findley, Mr. Whalen, Mr. Studds, Mr. Fowler, Mr. Cavanaugh, Mr. Beilenson, and Mr. Winn, July 27, 1977, H8165. Hearings: Committee on International Relations, April 4, May 19, 26, July 27, 29, 1977. Full committee markup, August 1, 2, 1977. Reported with amendments (H. Rept. 95-587), August 5, 1977, H8775. Considered and passed by the House, amended, September 22, 28, 1977, H9830, H10273, H10286. Considered and passed by the Senate, amended, in lieu of S. 897, February 7, 1978, S1341. Senate insisted on its own amendments and asked for a conference. Conferees appointed, February 7, 1978, S1341. House concurs in Senate amendment, February 8, 1978, H908. Examined and signed by the Speaker of the House, February 28, 1978, 43-785-79- -36 Examined and signed by the President pro tempore of the Senate, February 28, 1978, S2514. Presented to the President, February 28, 1978, H1656. Approved as Public Law 95-242, March 10, 1978, H1911. COMPANION BILL-S. 897 S. 897 introduced by Mr. Percy, Mr. Glenn, Mr. Ribicoff, Mr. Javits, and Mr. Cranston, March 3, 1977, S. 3359. Hearings: 1. Subcommittee on Energy, Nuclear Proliferation and Federal Services of the Committee on Governmental Affairs, April 1, May 11, 13, 1977. 2. Subcommittee on Arms Control, Oceans and International Environment, June 8, 15, 1977. 3. Subcommittee on Energy Research and Development of the Committee on Energy and Natural Resources, September 13, 14, 1977. Reported jointly (S. Rept. 95-467) by the Committee on Governmental Affairs and the Committee on Foreign Relations, October 3, 1977, S16171. Cosponsor added, Mr. Kennedy at the request of Mr. Glenn, January 31, 1978, S841. Considered by the Senate, indefinitely postponed, H.R. 8638 passed in lieu, February 2-7, 1978, S864, S1055, S1083, S1084, S1102, S1310, S1314, S1325, S1429, S1439, S1449, S1463. XII. URANIUM MILL TAILINGS RADIATION CONTROL ACT OF 1978 PUBLIC LAW 95-604 [H.R. 13650] [92 STAT. 3021] AN ACT To authorize the Secretary of Energy to enter into cooperative agreements with certain States respecting residual radioactive material at existing sites, to provide for the regulation of uranium mill tailings under the Atomic Energy Act of 1954, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE AND TABLE OF CONTENTS SECTION 1. This Act may be cited as the "Uranium Mill Uranium Mill Tailings Radiation Control Act of 1978". TABLE OF CONTENTS Sec. 1. Short title and table of contents. Sec. 2. Findings and purposes. TITLE I-REMEDIAL ACTION PROGRAM Sec. 101. Definitions. Sec. 102. Designation of processing sites. Sec. 103. State cooperative agreements. Sec. 104. Acquisition and disposition of land and materials. Sec. 106. Acquisition of lands by Secretary. Sec. 107. Financial assistance. Sec. 108. Remedial action. Sec. 109. Rules. Sec. 110. Enforcement. Sec. 111. Public participation. Sec. 112. Termination; authorization. Sec. 113. Limitation. Sec. 114. Reports to Congress. Sec. 115. Active operations; liability for remedial action. TITLE II-URANIUM MILL TAILINGS LICENSING AND Sec. 201. Definition. Sec. 202. Custody of disposal site. Sec. 203. Authority to establish certain requirements. Sec. 204. Cooperation with States. Sec. 205. Authorities of Commission respecting certain byproduct Tailings 42 USC 7901 material. |