§ 2157. Additional export criterion and procedures

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1946

   Nuclear Non-Proliferation Act of 1978

   Pub. L. 95–242 title III § 306 · 92 Stat. 120

   Enacted · 42 U.S.C. § 2157

   Aug. 1, 1946, ch. 724, title I, § 128, as added Pub. L. 95–242, title III, § 306, Mar. 10, 1978, 92 Stat. 137

   Source evidence

   Code source credit
   Aug. 1, 1946, ch. 724, title I, § 128, as added Pub. L. 95–242, title III, § 306, Mar. 10, 1978, 92 Stat. 137

   Enacted provision · exact public law section
   Sec. 306. additional export criterion and procedures Chapter 11 of the 1954 Act, as amended by sections 304 and 305, is further amended by adding at the end thereof the following: “Sec. 128. Additional Export Criterion and Procedures.— 42 USC 2157. “a. (1) As a condition of continued United States export of source material, special nuclear material, production or utilization facilities, and any sensitive nuclear technology to non-nuclear-weapon states, no such export shall be made unless IAEA safeguards are maintained with respect to all peaceful nuclear activities in, under the jurisdiction of, or carried out under the control of such state at the time of the export. “(2) The President shall seek to achieve adherence to the foregoing criterion by recipient non-nuclear-weapon states. “b. The criterion set forth in subsection a. shall be applied as an Export applications, criterion enforcement. export criterion with respect to any application for the export of materials, facilities, or technology specified in subsection a. which is filed after eighteen months from the date of enactment of this section, or for any such application under which the first export would occur at least twenty-four months after the date of enactment of this section, except as provided in the following paragraphs: “(1) If the Commission or the Department of Energy, as the case may be, is notified that the President has determined that failure to approve an export to which this subsection applies because such criterion has not yet been met would be seriously prejudicial to the achievement of United States nonproliferation objectives or otherwise jeopardize the common defense and security, the license or authorization may be issued subject to other applicable requirements of law: Provided, That no such export of Report to congressional committees. any production or utilization facility or of any source or special nuclear material (intended for use as fuel in any production or utilization facility) which has been licensed or authorized pursuant to this subsection shall be made to any non-nuclear-weapon state which has failed to meet such criterion until the first such license or authorization with respect to such state is submitted to the Congress (together with a detailed assessment of the reasons underlying the President’s determination, the judgment of the executive, branch required under section 126 of this Act, and any Ante, p. 131. Commission opinion and views) for a period of sixty days of continuous session (as defined in subsection 130 g. of this Act) and Post, p. 139. referred to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate, but such export shall not occur if during such sixty-day period the Congress adopts a concurrent resolution stating in substance that the Congress does not favor the proposed export. Any such license or authorization shall be considered pursuant to the procedures set forth in section 130 of this Act for the consideration of Presidential submissions. “(2) If the Congress adopts a resolution of disapproval pursuant Congressional disapproval, resolution. to paragraph (1), no further export of materials, facilities, or technology specified in subsection a. shall be permitted for the remainder of that Congress, unless such state meets the criterion or the President notifies the Congress that he has determined that significant progress has been made in achieving adherence to such criterion by such state or that United States foreign policy interests dictate reconsideration and the Congress, pursuant to the procedure of paragraph (1), does not adopt a concurrent resolu-tion stating in substance that it disagrees with the President’s determination. “(3) If the Congress does not adopt a resolution of disapproval with respect to a license or authorization submitted pursuant to paragraph (1), the criterion set forth in subsection a. shall not be applied as an export criterion with respect to exports of materials, facilities and technology specified in subsection a. to that state: Provided, That the first license or authorization with respect to that state which is issued pursuant to this paragraph after twelve months from the elapse of the sixty-day period specified in paragraph (1), and the first such license or authorization which is issued after each twelve-month period thereafter, shall be submitted to the Congress for review pursuant to the procedures specified in paragraph (1): Provided further, That if the Congress adopts a resolution of disapproval during any review period provided for by this paragraph, the provisions of paragraph (2) shall apply with respect to further exports to such state.”.

2. 1994

   Pub. L. 103–437 § 15(f)(5) · 108 Stat. 4581

   Substituted · 42 U.S.C. § 2157(b)(1)

   Pub. L. 103–437 substituted “Foreign Affairs” for “International Relations”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 103–437 substituted “Foreign Affairs” for “International Relations”.

   Enacted provision · exact public law section
   (5) In sections 123, 126, and 128–130 (42 U.S.C. 2153, 2155, 2157–2159), strike “International Relations” each place it appears and substitute “Foreign Affairs”.

2 of 2 references resolved to an enrolled provision