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22 U.S.C. § 8001 — Sense of Congress
Federal law — U.S. Code and appendices · legal_authorities
It is the sense of Congress that—
(1) preventing the proliferation of nuclear weapons, other weapons of mass destruction, the means to produce them, and the means to deliver them are critical objectives for United States foreign policy;
(2) sustaining the Nuclear Non-Proliferation Treaty (NPT) and strengthening its implementation, particularly its verification and compliance, is the keystone of United States nonproliferation policy;
(3) the NPT has been a significant success in preventing the acquisition of nuclear weapons capabilities and maintaining a stable international security situation;
(4) countries that have never become a party to the NPT and remain outside that treaty’s legal regime pose a potential challenge to the achievement of the overall goals of global nonproliferation, because those countries have not undertaken the NPT obligation to prohibit the spread of nuclear weapons capabilities;
(5) it is in the interest of the United States to the fullest extent possible to ensure that those countries that are not States Party to the NPT are responsible in the disposition of any nuclear technology they develop;
(6) it is in the interest of the United States to enter into an agreement for nuclear cooperation arranged pursuant to [section 2153 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2153&num=0&edition=prelim) with a country that has never been a State Party to the NPT if—
(A) the country has demonstrated responsible behavior with respect to the nonproliferation of technology related to nuclear weapons and the means to deliver them;
(B) the country has a functioning and uninterrupted democratic system of government, has a foreign policy that is congruent to that of the United States, and is working with
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Source location: Title 22, Chapter 87, § 8001; chapter-087-united-states-and-india-nuclear-cooperation.md
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It is the sense of Congress that—
(1) preventing the proliferation of nuclear weapons, other weapons of mass destruction, the means to produce them, and the means to deliver them are critical objectives for United States foreign policy;
(2) sustaining the Nuclear Non-Proliferation Treaty (NPT) and strengthening its implementation, particularly its verification and compliance, is the keystone of United States nonproliferation policy;
(3) the NPT has been a significant success in preventing the acquisition of nuclear weapons capabilities and maintaining a stable international security situation;
(4) countries that have never become a party to the NPT and remain outside that treaty’s legal regime pose a potential challenge to the achievement of the overall goals of global nonproliferation, because those countries have not undertaken the NPT obligation to prohibit the spread of nuclear weapons capabilities;
(5) it is in the interest of the United States to the fullest extent possible to ensure that those countries that are not States Party to the NPT are responsible in the disposition of any nuclear technology they develop;
(6) it is in the interest of the United States to enter into an agreement for nuclear cooperation arranged pursuant to [section 2153 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2153&num=0&edition=prelim) with a country that has never been a State Party to the NPT if—
(A) the country has demonstrated responsible behavior with respect to the nonproliferation of technology related to nuclear weapons and the means to deliver them;
(B) the country has a functioning and uninterrupted democratic system of government, has a foreign policy that is congruent to that of the United States, and is working with the United States on key foreign policy initiatives related to nonproliferation;
(C) such cooperation induces the country to promulgate and implement substantially improved protections against the proliferation of technology related to nuclear weapons and the means to deliver them, and to refrain from actions that would further the development of its nuclear weapons program; and
(D) such cooperation will induce the country to give greater political and material support to the achievement of United States global and regional nonproliferation objectives, especially with respect to dissuading, isolating, and, if necessary, sanctioning and containing states that sponsor terrorism and terrorist groups that are seeking to acquire a nuclear weapons capability or other weapons of mass destruction capability and the means to deliver such weapons;
(7) the United States should continue its policy of engagement, collaboration, and exchanges with and between India and Pakistan;
(8) strong bilateral relations with India are in the national interest of the United States;
(9) the United States and India share common democratic values and the potential for increasing and sustained economic engagement;
(10) commerce in civil nuclear energy with India by the United States and other countries has the potential to benefit the people of all countries;
(11) such commerce also represents a significant change in United States policy regarding commerce with countries that are not States Party to the NPT, which remains the foundation of the international nonproliferation regime;
(12) any commerce in civil nuclear energy with India by the United States and other countries must be achieved in a manner that minimizes the risk of nuclear proliferation or regional arms races and maximizes India’s adherence to international nonproliferation regimes, including, in particular, the guidelines of the Nuclear Suppliers Group (NSG); and
(13) the United States should not seek to facilitate or encourage the continuation of nuclear exports to India by any other party if such exports are terminated under United States law.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** If the President makes the determination described in subsection (b), the President may—
(1) exempt a proposed agreement for cooperation with India arranged pursuant to [section 2153 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2153&num=0&edition=prelim) from the requirement of subsection (a)(2) of such section;
(2) waive the application of [section 2157 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2157&num=0&edition=prelim) with respect to exports to India; and
(3) waive with respect to India the application of—
(A) [section 2158(a)(1)(D) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2158/a/1/D&num=0&edition=prelim); and
(B) [section 2158 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2158&num=0&edition=prelim) regarding any actions that occurred before July 18, 2005.
**(b) Determination by the President** The determination referred to in subsection (a) is a determination by the President that the following actions have occurred:
(1) India has provided the United States and the IAEA with a credible plan to separate civil and military nuclear facilities, materials, and programs, and has filed a declaration regarding its civil facilities and materials with the IAEA.
(2) India and the IAEA have concluded all legal steps required prior to signature by the parties of an agreement requiring the application of IAEA safeguards in perpetuity in accordance with IAEA standards, principles, and practices (including IAEA Board of Governors Document GOV/1621 (1973)) to India’s civil nuclear facilities, materials, and programs as declared in the plan described in paragraph (1), inclu
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Designation of position** The Secretary of State shall designate one of the Assistant Secretaries of State authorized by [section 2651a(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2651a/c/1&num=0&edition=prelim) as the Assistant Secretary of State for Verification and Compliance. The Assistant Secretary shall report to the Under Secretary of State for Arms Control and International Security.
**(b) Directive governing the Assistant Secretary of State**
(1) **In general** — Not later than 30 days after November 29, 1999, the Secretary of State shall issue a directive governing the position of the Assistant Secretary.
(2) **Elements of the directive** — The directive issued under paragraph (1) shall set forth, consistent with this section—
(A) the duties of the Assistant Secretary;
(B) the relationships between the Assistant Secretary and other officials of the Department of State;
(C) any delegation of authority from the Secretary of State to the Assistant Secretary; and
(D) such matters as the Secretary considers appropriate.
**(c) Duties**
(1) **In general** — The Assistant Secretary shall have as his principal responsibility the overall supervision (including oversight of policy and resources) within the Department of State of all matters relating to verification and compliance with international arms control, nonproliferation, and disarmament agreements or commitments.
(2) **Participation of the Assistant Secretary**
(A) *Primary role* — Except as provided in subparagraphs (B) and (C), the Assistant Secretary, or his designee, shall participate in all interagency groups or organizations within the executive branch of Government that assess, analyze, or review United States planned or ongoi
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Committee consideration of Presidential submissions; reports** Not later than forty-five days of continuous session of Congress after the date of transmittal to the Congress of any submission of the President required by section 2155(a)(2), 2155(b)(2), 2157(b), 2158, 2160(a)(3), or 2160(f)(1)(A) of this title, the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives shall each submit a report to its respective House on its views and recommendations respecting such Presidential submission together with a resolution, as defined in subsection (f), stating in substance that the Congress approves or disapproves such submission, as the case may be: Provided, That if any such committee has not reported such a resolution at the end of such forty-five day period, such committee shall be deemed to be discharged from further consideration of such submission. If no such resolution has been reported at the end of such period, the first resolution, as defined in subsection (f), which is introduced within five days thereafter within such House shall be placed on the appropriate calendar of such House.
**(b) Consideration of resolution by respective Houses of Congress** When the relevant committee or committees have reported such a resolution (or have been discharged from further consideration of such a resolution pursuant to subsection (a)) or when a resolution has been introduced and placed on the appropriate calendar pursuant to subsection (a), as the case may be, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution. The motion is highly privileged and is not deba
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** 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 March 10, 1978,
(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 March 10, 1978,
(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 2153a(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2153a/a&num=0&edition=prelim); 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 March 10, 1978, for the transfer of reprocessing equipment, materials, or technology to the sovereign control of a
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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
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Federal law — U.S. Code and appendices · legal_authorities
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
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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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The following shall be the policies of the United States:
(1) Oppose the development of a capability to produce nuclear weapons by any non-nuclear weapon state, within or outside of the NPT.
(2) Encourage States Party to the NPT to interpret the right to “develop research, production and use of nuclear energy for peaceful purposes”, as set forth in Article IV of the NPT, as being a right that applies only to the extent that it is consistent with the object and purpose of the NPT to prevent the spread of nuclear weapons and nuclear weapons capabilities, including by refraining from all nuclear cooperation with any State Party that the International Atomic Energy Agency (IAEA) determines is not in full compliance with its NPT obligations, including its safeguards obligations.
(3) Act in a manner fully consistent with the Guidelines for Nuclear Transfers and the Guidelines for Transfers of Nuclear-Related Dual-Use Equipment, Materials, Software and Related Technology developed by the NSG, and decisions related to the those 11 So in original. guidelines, and the rules and practices regarding NSG decisionmaking.
(4) Strengthen the NSG guidelines and decisions concerning consultation by members regarding violations of supplier and recipient understandings by instituting the practice of a timely and coordinated response by NSG members to all such violations, including termination of nuclear transfers to an involved recipient, that discourages individual NSG members from continuing cooperation with such recipient until such time as a consensus regarding a coordinated response has been achieved.
(5) Given the special sensitivity of equipment and technologies related to the enrichment of uranium, the reprocessing of spent nuclear fuel, and the production o
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Federal law — U.S. Code and appendices · legal_authorities
Nothing in this chapter constitutes authority for any action in violation of an obligation of the United States under the NPT.
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) The term “Additional Protocol” means a protocol additional to a safeguards agreement with the IAEA, as negotiated between a country and the IAEA based on a Model Additional Protocol as set forth in IAEA information circular (INFCIRC) 540.
(2) The term “appropriate congressional committees” means the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives.
(3) The term “dual-use material, equipment, or technology” means material, equipment, or technology that may be used in nuclear or nonnuclear applications.
(4) The term “IAEA safeguards” has the meaning given the term in [section 6305(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section6305/3&num=0&edition=prelim).
(5) The term “Indian person” means—
(A) a natural person that is a citizen of India or is subject to the jurisdiction of the Government of India;
(B) a corporation, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group, that is organized under the laws of India or has its principal place of business in India; and
(C) any Indian governmental entity, including any governmental entity operating as a business enterprise.
(6) The terms “Missile Technology Control Regime”, “MTCR”, and “MTCR adherent” have the meanings given the terms in [section 2797c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2797c&num=0&edition=prelim).
(7) The term “nuclear materials and equipment” means source material, special nuclear material, production and utilization facilities and any components thereof, and any other items or materials that are determined to have significance for nuclear exp
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