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22 U.S.C. § 3202 — Annual Presidential report to Congress on governmental efforts to prevent proliferation

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3202 — Annual Presidential report to Congress on governmental efforts to prevent proliferation

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Stable record: federal_law:legal_authorities:record_usc_2e76abc6584a4a44511dc17a
Source file: Laws/federal/codes/united-states-code/title-22/section-3202-annual-presidential-report-to-congress-on-governmental-efforts-to-preven--0f94248d95.md
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Source location: Title 22, Chapter 47, § 3202; chapter-047-nuclear-non-proliferation.md

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**(a) Review of Government activities; description of progress; assessment of impact of progress; determinations regarding non-nuclear-weapon states; counterproductiveness of policies** The President shall review all activities of Government departments and agencies relating to preventing proliferation and shall make a report to Congress in January of 1979 and annually in January of each year thereafter on the Government’s efforts to prevent proliferation. This report shall include but not be limited to— (1) a description of the progress made toward— (A) negotiating the initiatives contemplated in sections 3223 and 3224 of this title; (B) negotiating the international arrangements or other mutual undertakings contemplated in [section 2153b of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2153b&num=0&edition=prelim); (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 3241 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3241&num=0&edition=prelim); and (E) renegotiating agreements for cooperation as contemplated in [section 2153c(a) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2153c/a&num=0&edition=prelim); (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-nuclear-weapon 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 activities 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 chapter have, on balance, been counterproductive from the standpoint of preventing proliferation; (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; 11 So in original. Probably should be “; and”. (6) a description of the implementation of nuclear and nuclear-related dual-use export controls in the preceding calendar year, including a summary by type of commodity and destination of— (A) all transactions for which— (i) an export license was issued for any good controlled under [section 2139a(c) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2139a/c&num=0&edition=prelim); (ii) an export license was issued under [section 2139(b) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2139/b&num=0&edition=prelim); (iii) approvals were issued under the Export Administration Act of 1979, or [section 2139(b)(3) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2139/b/3&num=0&edition=prelim), for the retransfer of any item, technical data, component, or substance; or (iv) authorizations were made as required by [section 2077(b)(2) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2077/b/2&num=0&edition=prelim) to engage, directly or indirectly, in the production of special nuclear material; (B) each instance in which— (i) a sanction has been imposed under [section 6301(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section6301/a&num=0&edition=prelim) or [section 6303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section6303&num=0&edition=prelim) or [section 2799aa–1(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2799aa–1/b/1&num=0&edition=prelim); (ii) sales or leases have been denied under [section 2753(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2753/f&num=0&edition=prelim) or transactions prohibited by reason of acts relating to proliferation of nuclear explosive devices as described in [section 2780(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2780/d&num=0&edition=prelim); (iii) a sanction has not been imposed by reason of [section 6301(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section6301/c/2&num=0&edition=prelim) or the imposition of a sanction has been delayed under [section 2799aa–1(b)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2799aa–1/b/4&num=0&edition=prelim); or (iv) a waiver of a sanction has been made under— (I) [section 6301(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section6301/f&num=0&edition=prelim) or [section 6303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section6303&num=0&edition=prelim), (II) [section 2375(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2375/d&num=0&edition=prelim), or paragraph (5) or (6)(B) of [section 2799aa–1(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2799aa–1/b&num=0&edition=prelim), (III) [section 2780(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2780/g&num=0&edition=prelim) with respect to the last sentence of [section 2780(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2780/d&num=0&edition=prelim), or (IV) [section 2364 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2364&num=0&edition=prelim) with respect to [section 2375 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2375&num=0&edition=prelim) or [section 2753(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2753/f&num=0&edition=prelim), the last sentence of [section 2780(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2780/d&num=0&edition=prelim), or 2799aa–1(b)(1) 22 So in original. Probably should be preceded by “section”. of this title; and (C) the progress of those independent states of the former Soviet Union that are non-nuclear-weapon states and of the Baltic states towards achieving the objective of applying full scope safeguards to all their peaceful nuclear activities. Portions of the information required by paragraph (6) may be submitted in classified form, as necessary. Any such information that may not be published or disclosed under section 12(c)(1) 33 See References in Text note below. of the Export Administration Act of 1979 shall be submitted as confidential. **(b) Analysis of civil agreements for cooperation** In the first report required by this section, the President shall analyze each civil agreement for cooperation negotiated pursuant to [section 2153 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2153&num=0&edition=prelim), and shall discuss the scope and adequacy of the requirements and obligations relating to safeguards and other controls therein.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2375 — Assistance to Pakistan

**(a) Congressional policy, findings, and goals** The Congress recognizes that Soviet forces occupying Afghanistan pose a security threat to Pakistan. The Congress also recognizes that an independent and democratic Pakistan with continued friendly ties with the United States is in the interest of both nations. The Congress finds that United States assistance will help Pakistan maintain its independence. Assistance to Pakistan is intended to benefit the people of Pakistan by helping them meet the burdens imposed by the presence of Soviet forces in Afghanistan and by promoting economic development. In authorizing assistance to Pakistan, it is the intent of Congress to promote the expeditious restoration of full civil liberties and representative government in Pakistan. The Congress further recognizes that it is in the mutual interest of Pakistan and the United States to avoid the profoundly destabilizing effects of the proliferation of nuclear explosive devices or the capacity to manufacture or otherwise acquire nuclear devices. **(b) Reaffirmation of 1959 bilateral agreement** The United States reaffirms the commitment made in its 1959 bilateral agreement with Pakistan relating to aggression from a Communist or Communist-dominated state. **(c) Availability; defensive aspects of assistance** Security assistance for Pakistan shall be made available in order to assist Pakistan in dealing with the threat to its security posed by the Soviet presence in Afghanistan. The United States will take appropriate steps to ensure that defense articles provided by the United States to Pakistan are used for defensive purposes. **(d) Waiver of limitations respecting nuclear transfers** The President may waive the prohibitions of [section 2799aa of this title](https://uscode.house.gov/v

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31 U.S.C. § 1113 — Congressional information

**(a)** (1) When requested by a committee of Congress having jurisdiction over receipts or appropriations, the President shall provide the committee with assistance and information. (2) When requested by a committee of Congress, additional information related to the amount of an appropriation originally requested by an Office of Inspector General shall be submitted to the committee. **(b)** When requested by a committee of Congress, by the Comptroller General, or by the Director of the Congressional Budget Office, the Secretary of the Treasury, the Director of the Office of Management and Budget, and the head of each executive agency shall— (1) provide information on the location and kind of available fiscal, budget, and program information; (2) to the extent practicable, prepare summary tables of that fiscal, budget, and program information and related information the committee, the Comptroller General, or the Director of the Congressional Budget Office considers necessary; and (3) provide a program evaluation carried out or commissioned by an executive agency. **(c)** In cooperation with the Director of the Congressional Budget Office, the Secretary, and the Director of the Office of Management and Budget, the Comptroller General shall— (1) establish and maintain a current directory of sources of, and information systems for, fiscal, budget, and program information and a brief description of the contents of each source and system; (2) when requested, provide assistance to committees of Congress and members of Congress in obtaining information from the sources in the directory; and (3) when requested, provide assistance to committees and, to the extent practicable, to members of Congress in evaluating the information obtained from the sources in the directory

Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1113

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22 U.S.C. § 3201 — Programs

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3201

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22 U.S.C. § 2364 — Special authorities

**(a) Furnishing of assistance and arms export sales, credits, and guaranties upon determination and notification of Congress of importance and vitality of such action to security interests and national security interests of United States; policy justification; fiscal year limitations; transfers between accounts** (1) The President may authorize the furnishing of assistance under this chapter without regard to any provision of this chapter, the Arms Export Control Act [[22 U.S.C. 2751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2751&num=0&edition=prelim) et seq.], any law relating to receipts and credits accruing to the United States, and any Act authorizing or appropriating funds for use under this chapter, in furtherance of any of the purposes of this chapter, when the President determines, and so notifies in writing the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate, that to do so is important to the security interests of the United States. (2) The President may make sales, extend credit, and issue guaranties under the Arms Export Control Act [[22 U.S.C. 2751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2751&num=0&edition=prelim) et seq.], without regard to any provision of this chapter, the Arms Export Control Act, any law relating to receipts and credits accruing to the United States, and any Act authorizing or appropriating funds for use under the Arms Export Control Act, in furtherance of any of the purposes of such Act, when the President determines, and so notifies in writing the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate, that to do so is vital to the national security

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22 U.S.C. § 6301 — Imposition of procurement sanction on persons engaging in export activities that contribute to proliferation

**(a) Determination by President** (1) **In general** — Except as provided in subsection (b)(2), the President shall impose the sanction described in subsection (c) if the President determines in writing that, on or after the effective date of this subchapter, a foreign person or a United States person has materially and with requisite knowledge contributed, through the export from the United States or any other country of any goods or technology (as defined in [section 6305(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section6305/2&num=0&edition=prelim)), to the efforts by any individual, group, or non-nuclear-weapon state to acquire unsafeguarded special nuclear material or to use, develop, produce, stockpile, or otherwise acquire any nuclear explosive device. (2) **Persons against which the sanction is to be imposed** — The sanction shall be imposed pursuant to paragraph (1) on— (A) the foreign person or United States person with respect to which the President makes the determination described in that paragraph; (B) any successor entity to that foreign person or United States person; (C) any foreign person or United States person that is a parent or subsidiary of that person if that parent or subsidiary materially and with requisite knowledge assisted in the activities which were the basis of that determination; and (D) any foreign person or United States person that is an affiliate of that person if that affiliate materially and with requisite knowledge assisted in the activities which were the basis of that determination and if that affiliate is controlled in fact by that person. (3) **Other sanctions available** — The sanction which is required to be imposed for activities described in this subsection is in

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 6301

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50 U.S.C. § 4611 — Multilateral export control violations

**(a) Determination by the President** The President, subject to subsection (c), shall apply sanctions under subsection (b) for a period of not less than 2 years and not more than 5 years, if the President determines that— (1) a foreign person has violated any regulation issued by a country to control exports for national security purposes pursuant to the agreement of the group known as the Coordinating Committee, and (2) such violation has resulted in substantial enhancement of Soviet and East bloc capabilities in submarine or antisubmarine warfare, ballistic or antiballistic missile technology, strategic aircraft, command, control, communications and intelligence, or other critical technologies as determined by the President, on the advice of the National Security Council, to represent a serious adverse impact on the strategic balance of forces. The President shall notify the Congress of each action taken under this section. This section, except subsections (h) and (j), applies only to violations that occur after August 23, 1988. **(b) Sanctions** The sanctions referred to in subsection (a) shall apply to the foreign person committing the violation, as well as to any parent, affiliate, subsidiary, and successor entity of the foreign person, and, except as provided in subsection (c), are as follows: (1) a prohibition on contracting with, and procurement of products and services from, a sanctioned person, by any department, agency, or instrumentality of the United States Government, and (2) a prohibition on importation into the United States of all products produced by a sanctioned person. **(c) Exceptions** The President shall not apply sanctions under this section— (1) in the case of procurement of defense articles or defense services— (A) under existing con

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4611

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42 U.S.C. § 2153 — Cooperation with other nations

No cooperation with any nation, group of nations or regional defense organization pursuant to sections 2073, 2074(a), 2077, 2094, 2112, 2121, 2133, 2134, or 2164 of this title shall be undertaken until— **(a) Terms, conditions, duration, nature, scope, and other requirements of proposed agreements for cooperation; Presidential exemptions; negotiations; Nuclear Proliferation Assessment Statement** the proposed agreement for cooperation has been submitted to the President, which proposed agreement shall include the terms, conditions, duration, nature, and scope of the cooperation; and shall include the following requirements: (1) a guaranty by the cooperating party that safeguards as set forth in the agreement for cooperation will be maintained with respect to all nuclear materials and equipment transferred pursuant thereto, and with respect to all special nuclear material used in or produced through the use of such nuclear materials and equipment, so long as the material or equipment remains under the jurisdiction or control of the cooperating party, irrespective of the duration of other provisions in the agreement or whether the agreement is terminated or suspended for any reason; (2) in the case of non-nuclear-weapon states, a requirement, as a condition of continued United States nuclear supply under the agreement for cooperation, that IAEA safeguards be maintained with respect to all nuclear materials in all peaceful nuclear activities within the territory of such state, under its jurisdiction, or carried out under its control anywhere; (3) except in the case of those agreements for cooperation arranged pursuant to [section 2121(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2121/c&num=0&edition=prelim), a guaranty b

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2153

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22 U.S.C. § 3241 — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3224&num=0&edition=prelim), the President shall institute prompt discussions with other nations and groups of nations, including both supplier and recipient nations, to develop international approaches for meeting future 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 nuclear fuel authority (INFA) with responsibility for providing agreed upon fuel services and allocating agreed upon quantities of fuel resources 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 subsection (d) under which international fuel assurances under INFA auspices will be provided to recipient nations, including conditions which will ensure that the transferred materials will not be used for nuclear explosive devices; (3) devising, consistent with the policy goals set forth in [section 2153b of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2153b&num=0&edition=prelim), feasible and environmentally sound approaches for the siting, development, and management under effective international auspices and inspection of f

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3241

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3 U.S.C. § 301 — General authorization to delegate functions; publication of delegations

The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.

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42 U.S.C. § 2153b — Export policies relating to peaceful nuclear activities and international nuclear trade

The President shall take immediate and vigorous steps to seek agreement from all nations and groups of nations to commit themselves to adhere to the following export policies with respect 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 territory 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 commits 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 jurisdiction of, or under the control of any non-nuclear-weapon state, shall be used for nuclear explosive devices for any purpose or for research 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 jurisdiction of, or under the control of any non-nuclear-weapon state; (3) adequate physical security measures will be established and maintained by any nation or group of nations on all of its nuclear activities; (4) no nuclear materials and equipment and no nuclear technology intended for peaceful purposes in, under the jurisdiction of, or under the control of any nation or group of nations shall be transferred to the jurisdiction of any other nation or group of nations which does not agree to stringent undertakings meeting the objectives

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2153b

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