§ 3201. Congressional declaration of policy
The Congress finds and declares that the pro-
liferation 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 empha-
size the urgency of this threat and the impera-
tive need to increase the effectiveness of inter-
national safeguards and controls on peaceful nu-
clear activities to prevent proliferation. Accord-
ingly, it is the policy of the United States to—
(a) actively pursue through international
initiatives mechanisms for fuel supply assur-
ances 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 sanc-
tions;
(b) take such actions as are required to con-
firm 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 by estab-
lishing procedures to facilitate the timely
processing of requests for subsequent arrange-
ments and export licenses;
(c) strongly encourage nations which have
not ratified the Treaty on the Non-Prolifera-
tion of Nuclear Weapons to do so at the ear-
liest possible date; and
(d) cooperate with foreign nations in identi-
fying and adapting suitable technologies for
energy production and, in particular, to iden-
tify alternative options to nuclear power in
aiding such nations to meet their energy
needs, consistent with the economic and mate-
rial resources of those
File SHA-256: b1ca25365b0f285a0b29a13d4779ba34c9eafad7242f1a6ed298fcc5bb6464ca. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. This page displays the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Stable record: federal_law:legal_authorities:uscode2024_1d3c903aee79f074bd61702f Source file: Laws/federal/codes/united-states-code-2024/title-22/section-3201-congressional-declaration-of-policy--dbabd40db5.md Pages: Not recorded – Not recorded Passage SHA-256: c307dde565ec9dc664d40de9b636e63acd94b36b9087c64d45ccd584a86dddf8 Retained source evidence SHA-256: b1ca25365b0f285a0b29a13d4779ba34c9eafad7242f1a6ed298fcc5bb6464ca
Page 1316
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 3201
Sec.
3224a.
Studies and agreements by Secretary of En-
ergy on multinational or international
basis concerning spent fuel storage facili-
ties and transportation systems; congres-
sional consent; authorization of appropria-
tions; limitations on use of funds; excep-
tions; special nuclear material for India.
SUBCHAPTER II—UNITED STATES INITIATIVES
TO STRENGTHEN THE INTERNATIONAL SAFE-
GUARDS SYSTEM
3241.
Congressional declaration of policy.
3242.
Training program.
3243.
Negotiations.
3244.
Actions to combat international nuclear ter-
rorism.
SUBCHAPTER III—UNITED STATES ASSISTANCE
TO DEVELOPING COUNTRIES
3261.
Congressional declaration of policy; Presi-
dential report to Congress.
3262.
Programs.
SUBCHAPTER IV—EXECUTIVE REPORTING
3281.
Annual Presidential report to Congress on
governmental efforts to prevent prolifera-
tion.
3282.
Reports by departments and agencies.
§ 3201. Congressional declaration of policy
The Congress finds and declares that the pro-
liferation 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 empha-
size the urgency of this threat and the impera-
tive need to increase the effectiveness of inter-
national safeguards and controls on peaceful nu-
clear activities to prevent proliferation. Accord-
ingly, it is the policy of the United States to—
(a) actively pursue through international
initiatives mechanisms for fuel supply assur-
ances 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 sanc-
tions;
(b) take such actions as are required to con-
firm 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 by estab-
lishing procedures to facilitate the timely
processing of requests for subsequent arrange-
ments and export licenses;
(c) strongly encourage nations which have
not ratified the Treaty on the Non-Prolifera-
tion of Nuclear Weapons to do so at the ear-
liest possible date; and
(d) cooperate with foreign nations in identi-
fying and adapting suitable technologies for
energy production and, in particular, to iden-
tify alternative options to nuclear power in
aiding such nations to meet their energy
needs, consistent with the economic and mate-
rial resources of those nations and environ-
mental protection.
(Pub. L. 95–242, § 2, Mar. 10, 1978, 92 Stat. 120.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Pub. L. 95–242, title VI, § 603(c), Mar. 10, 1978, 92 Stat.
152, provided that: ‘‘Except where otherwise provided,
the provisions of this Act [see Short Title note below]
shall take effect immediately upon enactment [Mar. 10,
1978] regardless of any requirement for the promulga-
tion of regulations to implement such provisions.’’
SHORT TITLE
Pub. L. 95–242, § 1, Mar. 10, 1978, 92 Stat. 120, provided:
‘‘That this Act [enacting this chapter and sections
2139a, 2141, 2153a to 2153e, 2153f, and 2155 to 2160a of Title
42, The Public Health and Welfare, amending sections
2074, 2075, 2077, 2094, 2139, and 2153 of Title 42, and enact-
ing provisions set out as notes under sections 3201, 3222,
and 3262 of this title and section 2139 of Title 42] may
be cited as the ‘Nuclear Non-Proliferation Act of 1978’.’’
NUCLEAR PROLIFERATION PREVENTION; EFFECTIVE AND
TERMINATION DATES OF 1994 AMENDMENT
Title VIII of Pub. L. 103–236, Apr. 30, 1994, 108 Stat.
507, known as the Nuclear Proliferation Prevention Act
of 1994, was amended by Pub. L. 104–164, title I, § 157,
July 21, 1996, 110 Stat. 1440. As so amended, title VIII
has been primarily transferred to chapter 72 (§ 6301 et
seq.) of this title. For complete classification of title
VIII to the Code, see Short Title note set out under sec-
tion 6301 of this title and Tables.
ADVOCACY AND ENCOURAGEMENT BY UNITED STATES OF
NONPARTIES
TO
TREATY
ON
NON-PROLIFERATION
OF
NUCLEAR WEAPONS TO BECOME SIGNATORIES; REPORT
TO CONGRESS
Pub. L. 96–53, title V, § 507, Aug. 14, 1979, 93 Stat. 378,
as amended by Pub. L. 97–113, title VII, § 734(a)(3), Dec.
29, 1981, 95 Stat. 1560, provided that:
‘‘(a) In accordance with the Nuclear Non-Prolifera-
tion Act of 1978 [see Short Title note above], the Con-
gress strongly urges all nations which are not parties
to the Treaty on Non-Proliferation of Nuclear Weapons
to become parties to that treaty.
‘‘(b) [Repealed. Pub. L. 97–113, title VII, § 734(a)(3),
Dec. 29, 1981, 95 Stat. 1560.]’’
Executive Documents
EX. ORD. NO. 12058. FUNCTIONS RELATING TO NUCLEAR
NON-PROLIFERATION
Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, pro-
vided:
By virtue of the authority vested in me by the Nu-
clear Non-Proliferation Act of 1978 (Public Law 95–242,
92 Stat. 120, 22 U.S.C. 3201) [see Short Title note above]
and the Atomic Energy Act of 1954, as amended (42
U.S.C. 2011 et seq.), and Section 301 of Title 3 of the
United States Code, and as President of the United
States of America, it is hereby ordered as follows:
SECTION 1. Department of Energy. The following func-
tions vested in the President by the Nuclear Non-Pro-
liferation Act of 1978 (92 Stat. 120, 22 U.S.C. 3201), here-
inafter referred to as the Act, and by the Atomic En-
ergy Act of 1954, as amended (42 U.S.C. 2011 et seq.),
hereinafter referred to as the 1954 Act, are delegated or
assigned to the Secretary of Energy:
(a) That function vested by Section 402(b) of the Act
(92 Stat. 145, 42 U.S.C. 2153a).
(b) Those functions vested by Sections 131a(2)(G),
131b(1), and 131f(2) of the 1954 Act (92 Stat. 127, 42 U.S.C.
2160).
(c) That function vested by Section 131f(1)(A)(ii) of
the 1954 Act [42 U.S.C. 2160(f)(1)(A)(ii)], to the extent it
relates to the preparation of a detailed generic plan.
SEC. 2. Department of State. The Secretary of State
shall be responsible for performing the following func-
tions vested in the President:
(a) Those functions vested by Sections 104(a), 104(d),
105, 403, 404, 407, and 501 of the Act (92 Stat. 122, 123, 123,
Page 1317
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 3203
1 So in the original. Probably should be ‘‘section 109(b)’’.
146, 147, 148, and 148, 22 U.S.C. 3223(a), 3223(d), 3224, and
42 U.S.C. 2153b, 2153c, 2153e, and 22 U.S.C. 3261).
(b) That function vested by Section 128a(2) of the 1954
Act (92 Stat. 137, 42 U.S.C. 2157(a)(2)).
(c) That function vested by Section 601 of the Act
[section 3281 of this title] to the extent it relates to the
preparation of an annual report.
(d) The preparation of timely information and rec-
ommendations related to the President’s functions
vested by Sections 126, 128b, and 129 of the 1954 Act (92
Stat. 131, 137, and 138, 42 U.S.C. 2155, 2157, and 2158).
(e) That function vested by Section 131c of the 1954
Act (92 Stat. 129, 42 U.S.C. 2160(c)); except that, the Sec-
retary shall not waive the 60-day requirement for the
preparation of a Nuclear Non-Proliferation Assessment
Statement for more than 60 days without the approval
of the President.
SEC. 3. Department of Commerce. The Secretary of
Commerce shall be responsible for performing the func-
tion vested in the President by Section 309(c) of the Act
(92 Stat. 141, 42 U.S.C. 2139a).
SEC. 4. Coordination. In performing the functions as-
signed to them by this Order, the Secretary of Energy
and the Secretary of State shall consult and coordinate
their actions with each other and with the heads of
other concerned agencies.
SEC. 5. General Provisions. (a) Executive Order No.
11902 of February 2, 1976, entitled ‘‘Procedures for an
Export Licensing Policy as to Nuclear Materials and
Equipment,’’ is revoked.
(b) The performance of functions under either the Act
or the 1954 Act shall not be delayed pending the devel-
opment of procedures, even though as many as 120 days
are allowed for establishing them. Except where it
would be inconsistent to do so, such functions shall be
carried out in accordance with procedures similar to
those in effect immediately prior to the effective date
of the Act.
JIMMY CARTER.
§ 3202. Congressional statement of purpose
It is the purpose of this chapter to promote
the policies set forth above by—
(a) establishing a more effective framework
for international cooperation to meet the en-
ergy needs of all nations and to ensure that
the worldwide development of peaceful nuclear
activities and the export by any nation of nu-
clear materials and equipment and nuclear
technology intended for use in peaceful nu-
clear activities do not contribute to prolifera-
tion;
(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 co-
operative 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.
(Pub. L. 95–242, § 3, Mar. 10, 1978, 92 Stat. 120.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 95–242, Mar. 10, 1978, 92
Stat. 120, known as the Nuclear Non-Proliferation Act
of 1978. For complete classification of this Act to the
Code, see Short Title note set out under section 3201 of
this title and Tables.
Statutory Notes and Related Subsidiaries
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 this title.
§ 3203. Definitions
(a) As used in this chapter, the term—
(1) ‘‘Commission’’ means the Nuclear Regu-
latory Commission;
(2) ‘‘IAEA’’ means International Atomic En-
ergy Agency;
(3)
‘‘nuclear
materials
and
equipment’’
means source material, special nuclear mate-
rial, production facilities, utilization facili-
ties, and components, items or substances de-
termined to have significance for nuclear ex-
plosive purposes pursuant to subsection 109b 1
of the 1954 Act [42 U.S.C. 2139(b)];
(4) ‘‘physical security measures’’ means
measures to reasonably ensure that source or
special nuclear material will only be used for
authorized purposes and to prevent theft and
sabotage;
(5) ‘‘sensitive nuclear technology’’ means
any information (including information incor-
porated in a production or utilization facility
or important component part thereof) which is
not available to the public and which is impor-
tant to the design, construction, fabrication,
operation or maintenance of a uranium en-
richment or nuclear fuel reprocessing facility
or a facility for the production of heavy water,
but shall not include Restricted Data con-
trolled pursuant to chapter 12 of the 1954 Act
[42 U.S.C. 2161 et seq.];
(6) ‘‘1954 Act’’ means the Atomic Energy Act
of 1954, as amended [42 U.S.C. 2011 et seq.]; and
(7) ‘‘the Treaty’’ means the Treaty on the
Non-Proliferation of Nuclear Weapons.
(b) All other terms used in this chapter not de-
fined in this section shall have the meanings as-
cribed to them by the 1954 Act, the Energy Reor-
ganization Act of 1974 [42 U.S.C. 5801 et seq.], and
the Treaty.
(Pub. L. 95–242, § 4, Mar. 10, 1978, 92 Stat. 121;
Pub. L. 105–277, div. G, subdiv. A, title XII,
§ 1225(e)(1), Oct. 21, 1998, 112 Stat. 2681–775.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 95–242, Mar. 10, 1978, 92
Stat. 120, known as the Nuclear Non-Proliferation Act
of 1978. For complete classification of this Act to the
Code, see Short Title note set out under section 3201 of
this title and Tables.
The Atomic Energy Act of 1954, as amended, referred
to in subsec. (a)(5), (6), is act Aug. 1, 1946, ch. 724, as
added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919,
which is classified principally to chapter 23 (§ 2011 et
seq.) of Title 42, The Public Health and Welfare. Chap-
ter 12 of the 1954 Act is classified generally to sub-
chapter XI (§ 2161 et seq.) of division A of chapter 23 of
Title 42. For complete classification of this Act to the
Code, see Short Title note set out under section 2011 of
Title 42 and Tables.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Energy development programs** The United States shall initiate a program, consistent with the aims of [section 3261 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3261&num=0&edition=prelim), to cooperate with developing countries for the purpose of—
(1) meeting the energy needs required for the development of such countries;
(2) reducing the dependence of such countries on petroleum fuels, with emphasis given to utilizing solar and other renewable energy resources; and
(3) expanding the energy alternatives available to such countries.
**(b) Energy assessments and cooperative projects** Such program shall include cooperation in evaluating the energy alternatives of developing countries, facilitating international trade in energy commodities, developing energy resources, and applying suitable energy technologies. The program shall include both general and country-specific energy assessments and cooperative projects in resource exploration and production, training, research and development.
**(c) Exchange of scientists, technicians, and energy experts** As an integral part of such program, the Department of Energy, under the general policy guidance of the Department of State and in cooperation with the Agency for International Development and other Federal agencies as appropriate, shall initiate, as soon as practicable, a program for the exchange of United States scientists, technicians, and energy experts with those of developing countries to implement the purposes of this section.
**(d) Authorization of appropriations** For the purposes of carrying out this section, there is authorized to be appropriated such sums as are contained in annual authorization Acts for the Department of Energy, including such sums which h
**(a)** As used in this chapter, the term—
(1) “Commission” means the Nuclear Regulatory Commission;
(2) “IAEA” means International Atomic Energy Agency;
(3) “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 109b 11 So in the original. Probably should be “section 109(b)”. of the 1954 Act [[42 U.S.C. 2139(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2139/b&num=0&edition=prelim)];
(4) “physical security measures” means measures to reasonably ensure that source or special nuclear material will only be used for authorized purposes and to prevent theft and sabotage;
(5) “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 [[42 U.S.C. 2161](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2161&num=0&edition=prelim) et seq.];
(6) “1954 Act” means the Atomic Energy Act of 1954, as amended [[42 U.S.C. 2011](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2011&num=0&edition=prelim) et seq.]; and
(7) “the Treaty” means the Treaty on the Non-Proliferation of Nuclear Weapons.
**(b)** All other terms used in this chapter not defined in this section shall have
Stored review status: release_metadata_unconfirmed. The source passage cites 22 U.S.C. § 3223. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 3223. International undertakings
(a) Development of international approaches for
meeting
future
worldwide
nuclear
fuel
needs; international nuclear fuel authority
Consistent with section 3224 of this title, the
President shall institute prompt discussions
with other nations and groups of nations, in-
cluding both supplier and recipient nations, to
develop international approaches for meeting fu-
ture 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 nu-
clear fuel authority (INFA) with responsibility
for providing agreed upon fuel services and al-
locating agreed upon quantities of fuel re-
sources 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 sub-
section (d) under which international fuel as-
surances under INFA auspices will be provided
to recipient nations, including conditions
which will ensure that the transferred mate-
rials will not be used for nuclear explosive de-
vices;
(3) devising, consistent with the policy goals
set forth in section 2153b of title 42, feasible
Page 1319
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 3224
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 sto
Stored review status: historical_2024_not_currentness_verified. The source passage cites 22 U.S.C. § 3223. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Atomic energy is capable of application for peaceful as well as military purposes. It is therefore declared to be the policy of the United States that—
**(a)** the development, use, and control of atomic energy shall be directed so as to make the maximum contribution to the general welfare, subject at all times to the paramount objective of making the maximum contribution to the common defense and security; and
**(b)** the development, use, and control of atomic energy shall be directed so as to promote world peace, improve the general welfare, increase the standard of living, and strengthen free competition in private enterprise.
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 2011. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 2011. Congressional declaration of policy
Atomic energy is capable of application for
peaceful as well as military purposes. It is there-
fore declared to be the policy of the United
States that—
(a) the development, use, and control of
atomic energy shall be directed so as to make
the maximum contribution to the general wel-
fare, subject at all times to the paramount ob-
jective of making the maximum contribution
to the common defense and security; and
(b) the development, use, and control of
atomic energy shall be directed so as to pro-
mote world peace, improve the general wel-
fare, increase the standard of living, and
strengthen free competition in private enter-
prise.
(Aug. 1, 1946, ch. 724, title I, § 1, as added Aug. 30,
1954, ch. 1073, § 1, 68 Stat. 921; renumbered title I,
Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992,
106 Stat. 2944.)
Editorial Notes
PRIOR PROVISIONS
A prior section 1 of act Aug. 1, 1946, ch. 724, 60 Stat.
755, which related to declaration of policy and purpose
of former chapter 14 of this title, was classified to sec-
tion 1801 of this title, prior to the general amendment
and renumbering of act Aug. 1, 1946, by act Aug. 30,
1954.
Statutory Notes and Related Subsidiaries
SHORT TITLE OF 2024 AMENDMENT
Pub. L. 118–67, div. B, § 1(a), July 9, 2024, 138 Stat. 1448,
provided that: ‘‘This division [enacting sections 2155b,
2201b, and 10109 of this title, amending sections 2014,
2133, 2134, 2215, 2231, 2235, 5843, and 16274a of this title,
enacting provisions set out as notes under this section
and sections 2073, 2077, 2133, 2155, 2201, 2201b, 2215, 2235,
and 16281 of this title, and amending provisions set out
as notes under sections 2133 and 2215 of this title] may
be cited as the ‘Accelerating Deployment
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 2011. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as specifically provided in any agreement for cooperation, no source or special nuclear material hereafter exported from the United States may be enriched after export without the prior approval of the United States for such enrichment: Provided, That the procedures governing such approvals shall be identical to those set forth for the approval of proposed subsequent arrangements under [section 2160 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2160&num=0&edition=prelim), and any commitments from the recipient which the Secretary of Energy and the Secretary of State deem necessary to ensure that such approval will be obtained prior to such enrichment shall be obtained prior to the submission of the executive branch judgment regarding the export in question and shall be set forth in such submission: And provided further, That no source or special nuclear material shall be exported for the purpose of enrichment or reactor fueling to any nation or group of nations which has, after March 10, 1978, entered into a new or amended agreement for cooperation with the United States, except pursuant to such agreement.
**(b)** In addition to other requirements of law, no major critical component of any uranium enrichment, nuclear fuel reprocessing, or heavy water production facility shall be exported under any agreement for cooperation (except an agreement for cooperation pursuant to section 2121(c), 2164(b), or 2164(c) of this title) unless such agreement for cooperation specifically designates such components as items to be exported pursuant to the agreement for cooperation. For purposes of this subsection, the term “major critical component” means any component part or group of component parts which the President determ
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 2153a. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 2153a. Approval for enrichment after export of
source or special nuclear material; export of
major critical components of enrichment fa-
cilities
(a) Except as specifically provided in any
agreement for cooperation, no source or special
nuclear material hereafter exported from the
United States may be enriched after export
without the prior approval of the United States
for such enrichment: Provided, That the proce-
dures governing such approvals shall be iden-
tical to those set forth for the approval of pro-
posed subsequent arrangements under section
2160 of this title, and any commitments from the
recipient which the Secretary of Energy and the
Secretary of State deem necessary to ensure
that such approval will be obtained prior to such
enrichment shall be obtained prior to the sub-
mission of the executive branch judgment re-
garding the export in question and shall be set
forth in such submission: And provided further,
That no source or special nuclear material shall
be exported for the purpose of enrichment or re-
actor fueling to any nation or group of nations
which has, after March 10, 1978, entered into a
new or amended agreement for cooperation with
the United States, except pursuant to such
agreement.
(b) In addition to other requirements of law,
no major critical component of any uranium en-
richment, nuclear fuel reprocessing, or heavy
water production facility shall be exported
under any agreement for cooperation (except an
agreement for cooperation pursuant to section
2121(c), 2164(b), or 2164(c) of this title) unless
such agreement for cooperation specifically des-
ignates such components as items to be exported
pursuant to the agreement for cooperation. For
purposes of this subsection, the term ‘‘major
critical componen
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 2153a. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(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) for the preparation o
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 2160. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 2160. Subsequent arrangements
(a) Consultation and concurrence; negotiations
of a policy nature; notice of proposed subse-
quent arrangements; Nuclear Proliferation
Assessment Statement; reprocessing of mate-
rial
(1) Prior to entering into any proposed subse-
quent arrangement under an agreement for co-
operation (other than an agreement for coopera-
tion arranged pursuant to section 2121(c),
2164(b), or 2164(c) of this title), the Secretary of
Energy shall obtain the concurrence of the Sec-
retary of State and shall consult with the Com-
mission, and the Secretary of Defense: Provided,
That the Secretary of State shall have the lead-
ing role in any negotiations of a policy nature
pertaining to any proposed subsequent arrange-
ment regarding arrangements for the storage or
disposition of irradiated fuel elements or ap-
provals for the transfer, for which prior approval
is required under an agreement for cooperation,
by a recipient of source or special nuclear mate-
rial, production or utilization facilities, or nu-
clear technology. Notice of any proposed subse-
quent arrangement shall be published in the
Federal Register, together with the written de-
termination 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, no-
tice of the proposed subsequent arrangement
which is the subject of the requirement to pre-
pare a Nuclear Proliferation Assessment State-
ment shall not be published until after the re-
ceipt by the Secretary of Energy of such State-
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 2160. This identifies an authority to review, not proof of applicability.