42 U.S.C. § 2153a — Approval for enrichment after export of

Page 5440 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2153a vided, That each determination made under this para- graph shall be referred to the President and, unless dis- approved by him, shall become effective fifteen days after such referral or at such later time as may be spec- ified in the determination. (3) The authority vested in the President by section 144c of the Act [section 2164(c) of this title] to deter- mine that the proposed cooperation and the commu- nication of the proposed Restricted Data referred to in that section will promote and will not constitute an unreasonable risk to the common defense and security. (b) Whenever the Secretary of Defense and the Sec- retary of Energy are unable to agree upon a joint deter- mination under the provisions of subsection (a) of this section, the recommendations of each of them, to- gether with the recommendations of other agencies concerned, shall be referred to the President, and the determination shall be made by the President. SEC. 3. This order shall not be construed as delegating the function vested in the President by section 91c of the Act [section 2121(c) of this title] of approving pro- grams proposed under that section. SEC. 4. (a) The functions of negotiating and entering into international agreements under the Act [this chapter] shall be performed by or under the authority of the Secretary of State. (b) International cooperation under the Act [this chapter] shall be subject to the responsibilities of the Secretary of State with respect to the foreign policy of the United States pertinent thereto. § 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 component’’ means any component part or group of component parts which the Presi- dent determines to be essential to the operation of a complete uranium enrichment, nuclear fuel reprocessing, or heavy water production facility. (Pub. L. 95–242, title IV, § 402, Mar. 10, 1978, 92 Stat. 145.) Editorial Notes CODIFICATION Section was enacted as part of the Nuclear Non-Pro- liferation Act of 1978, and not as part of the Atomic En- ergy Act of 1954 which comprises this chapter. 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 Title 22, Foreign Relations and Intercourse. Executive Documents DELEGATION OF FUNCTIONS Delegation or assignment to Secretary of Energy of function vested in President under subsec. (b) of this section, see section 1(a) of Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out under section 3201 of Title 22, Foreign Relations and Intercourse. PERFORMANCE OF FUNCTIONS PENDING DEVELOPMENT OF PROCEDURES The performance of functions under 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, For- eign Relations and Intercourse. § 2153b. Export policies relating to peaceful nu- clear activities and international nuclear trade The President shall take immediate and vig- orous steps to seek agreement from all nations and groups of nations to commit themselves to adhere to the following export policies with re- spect to their peaceful nuclear activities and their participation in international nuclear trade: (a) Undertakings by transferee nations receiving nuclear material and equipment or sensitive nuclear technology No nuclear materials and equipment and no sensitive nuclear technology within the terri- tory of any nation or group of nations, under its jurisdiction, or under its control anywhere will be transferred to the jurisdiction of any other nation or group of nations unless the nation or group of nations receiving such transfer com- mits itself to strict undertakings including, but not limited to, provisions sufficient to ensure that— (1) no nuclear materials and equipment and no nuclear technology in, under the jurisdic- tion of, or under the control of any non-nu- clear-weapon state, shall be used for nuclear explosive devices for any purpose or for re- search on or development of nuclear explosive devices for any purpose, except as permitted by Article V, the Treaty; (2) IAEA safeguards will be applied to all peaceful nuclear activities in, under the juris-