§ 2158. Conduct resulting in termination of nuclear exports

Footnotes

1. 1 See References in Text note below.

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 § 307 · 92 Stat. 120

   Enacted · 42 U.S.C. § 2158

   Aug. 1, 1946, ch. 724, title I, § 129, as added Pub. L. 95–242, title III, § 307, Mar. 10, 1978, 92 Stat. 138

   Source evidence

   Code source credit
   Aug. 1, 1946, ch. 724, title I, § 129, as added Pub. L. 95–242, title III, § 307, Mar. 10, 1978, 92 Stat. 138

   Enacted provision · exact public law section
   Sec. 307. conduct resulting in termination of nuclear extorts Chapter 11 of the 1954 Act, as amended by sections 304, 305, and 306, is further amended by adding at the end thereof: “Sec. 129. Conduct Resulting in Termination of Nuclear Extorts.— “No nuclear materials and equipment or sensitive nuclear technology shall be exported to— “(1) any non-nuclear-weapon state that is found by the President to have, at any time after the effective date of this section, “(A) detonated a nuclear explosive device; or “(B) terminated or abrogated IAEA safeguards; or “(C) materially violated an IAEA safeguards agreement; or “(D) engaged in activities involving source or special nuclear material and having direct significance for the manufacture or acquisition of nuclear explosive devices, and has failed to take steps which, in the President’s judgment, represent sufficient progress toward terminating such activities; or “(2) any nation or group of nations that is found by the President to have, at any time after the effective date of this section, “(A) materially violated an agreement for cooperation with the United States, or, with respect to material or equipment not supplied under an agreement for cooperation, materially violated the terms under which such material or equipment was supplied or the terms of any commitments obtained with respect thereto pursuant to section 402(a) of Post, p. 145. the Nuclear Non-Proliferation Act of 1978; or “(B) assisted, encouraged, or induced any non-nuclear-weapon state to engage in activities involving source or special nuclear material and having direct significance for the manufacture or acquisition of nuclear explosive devices, and has failed to take steps which, in the President’s judgment, represent sufficient progress toward terminating such assistance, encouragement, or inducement: or “(C) entered into an agreement after the date of enactment of this section for the transfer of reprocessing equipment, materials, or technology to the sovereign control of a non-nuclear-weapon state except in connection with an international fuel cycle evaluation in which the United States is a participant or pursuant to a subsequent international agreement or understanding to which the United States subscribes; unless the President determines that cessation of such exports would be seriously prejudicial to the achievement of United States nonproliferation objectives or otherwise jeopardize the common defense and security: Provided, That prior to the effective date of any such determination, Report to Congress. the President’s determination, together with a report containing the reasons for his determination, shall be submitted to the Congress and referred to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate for a period of sixty days of continuous session (as defined in subsection 130 g. of this Act), but any such determination Infra. shall not become effective if during such sixty-day period the Congress adopts a concurrent resolution stating in substance that it does not favor the determination. Any such determination shall be considered pursuant to the procedures set forth in section 130 of this Act for the consideration of Presidential submissions.”.

2. 1994

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

   Substituted · 42 U.S.C. § 2158

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

   Source evidence

   Code amendment note
   Pub. L. 103–437 substituted “Foreign Affairs” for “International Relations” in closing provisions.

   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”.

3. 2005

   Energy Policy Act of 2005

   Pub. L. 109–58 title VI § 632(a) · 119 Stat. 594

   1. Amended · 42 U.S.C. § 2158

      Pub. L. 109–58 designated existing provisions as subsec. (a)

   2. Added · 42 U.S.C. § 2158

      Pub. L. 109–58 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 109–58 designated existing provisions as subsec. (a) and added subsec. (b).

   Enacted provision · exact public law section
   (a) In General.— Section 129 of the Atomic Energy Act of 1954 (42 U.S.C. 2158) is amended— (1) by inserting “a.” before “No nuclear materials and equipment”; and (2) by adding at the end the following new subsection:   “b.(1) Notwithstanding any other provision of law, including specifically section 121 of this Act, and except as provided in paragraphs (2) and (3), no nuclear materials and equipment or sensitive nuclear technology, including items and assistance authorized by section 57 b. of this Act and regulated under part 810 of title 10, Code of Federal Regulations, and nuclear-related items on the Commerce Control List maintained under part 774 of title 15 of the Code of Federal Regulations, shall be exported or reexported, or transferred or retransferred whether directly or indirectly, and no Federal agency shall issue any license, approval, or authorization for the export or reexport, or transfer, or retransfer, whether directly or indirectly, of these items or assistance (as defined in this paragraph) to any country whose government has been identified by the Secretary of State as engaged in state sponsorship of terrorist activities (specifically including any country the government of which has been determined by the Secretary of State under section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)), section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), or section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)) to have repeatedly provided support for acts of international terrorism). “(2) This subsection shall not apply to exports, reexports, transfers, or retransfers of radiation monitoring technologies, surveillance equipment, seals, cameras, tamper-indication devices, nuclear detectors, monitoring systems, or equipment necessary to safely store, transport, or remove hazardous materials, whether such items, services, or information are regulated by the Department of Energy, the Department of Commerce, or the Commission, except to the extent that such technologies, equipment, seals, cameras, devices, detectors, or systems are available for use in the design or construction of nuclear reactors or nuclear weapons. “(3) The President may waive the application of paragraph (1) to a country if the President determines and certifies to Congress that the waiver will not result in any increased risk that the country receiving the waiver will acquire nuclear weapons, nuclear reactors, or any materials or components of nuclear weapons and— “(A) the government of such country has not within the preceding 12-month period willfully aided or abetted the international proliferation of nuclear explosive devices to individuals or groups or willfully aided and abetted an individual or groups in acquiring unsafeguarded nuclear materials; “(B) in the judgment of the President, the government of such country has provided adequate, verifiable assurances that it will cease its support for acts of international terrorism; “(C) the waiver of that paragraph is in the vital national security interest of the United States; or “(D) such a waiver is essential to prevent or respond to a serious radiological hazard in the country receiving the waiver that may or does threaten public health and safety.” .

   Effective date note
   Pub. L. 109–58, title VI, § 632(b), Aug. 8, 2005, 119 Stat. 789, provided that: “Subsection b. of section 129 of Atomic Energy Act of 1954 [42 U.S.C. 2158(b)], as added by subsection (a) of this section, shall apply with respect to exports that have been approved for transfer as of the date of the enactment of this Act [Aug. 8, 2005] but have not yet been transferred as of that date.”

4. 2008

   United States-India Nuclear Cooperation Approval and Nonproliferation Enhancement Act

   Pub. L. 110–369 title II § 203 · 122 Stat. 4028

   Substituted · 42 U.S.C. § 2158(a)

   Pub. L. 110–369 substituted “Congress adopts, and there is enacted, a joint resolution” for “Congress adopts a concurrent resolution” in concluding provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 110–369 substituted “Congress adopts, and there is enacted, a joint resolution” for “Congress adopts a concurrent resolution” in concluding provisions.

   Enacted provision · exact public law section
   SEC. 203. ACTIONS REQUIRED FOR RESUMPTION OF PEACEFUL NUCLEAR COOPERATION.   Section 129 a. of the Atomic Energy Act of 1954 (42 U.S.C. 2158 (a)) is amended by striking “Congress adopts a concurrent resolution” and inserting “Congress adopts, and there is enacted, a joint resolution”.

5 of 5 references resolved to an enrolled provision