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42 U.S.C. § 2153a — Approval for enrichment after export of source or special nuclear material; export of major critical components of enrichment facilities

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

42 U.S.C. § 2153a — Approval for enrichment after export of source or special nuclear material; export of major critical components of enrichment facilities

**(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 procedures governing such approvals shall be identical to those set forth for the approval of proposed subsequent arrangements under [section 2160 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2160&num=0&edition=prelim), 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 submission of the executive branch judgment regarding 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 reactor 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 enrichment, 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 designates 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 President determ

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Source file: Laws/federal/codes/united-states-code/title-42/section-2153a-approval-for-enrichment-after-export-of-source-or-special-nuclear-materi--08c4bdd3b1.md
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Source location: Title 42, Chapter 23, § 2153a; chapter-023-development-and-control-of-atomic-energy.md

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

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

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

42 U.S.C. § 2160 — Subsequent arrangements

**(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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22 U.S.C. § 3221 — Congressional declaration of policy

The Congress finds and declares that the proliferation of nuclear explosive devices or of the direct capability to manufacture or otherwise acquire such devices poses a grave threat to the security interests of the United States and to continued international progress toward world peace and development. Recent events emphasize the urgency of this threat and the imperative need to increase the effectiveness of international safeguards and controls on peaceful nuclear activities to prevent proliferation. Accordingly, it is the policy of the United States to— **(a)** actively pursue through international initiatives mechanisms for fuel supply assurances and the establishment of more effective international controls over the transfer and use of nuclear materials and equipment and nuclear technology for peaceful purposes in order to prevent proliferation, including the establishment of common international sanctions; **(b)** take such actions as are required to confirm 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 by establishing procedures to facilitate the timely processing of requests for subsequent arrangements and export licenses; **(c)** strongly encourage nations which have not ratified the Treaty on the Non-Proliferation of Nuclear Weapons to do so at the earliest possible date; and **(d)** cooperate with foreign nations in identifying and adapting suitable technologies for energy production and, in particular, to identify alternative options to nuclear power in aiding such nations to meet their energy needs, consistent with the economic and material resources of those nations and environmental protection.

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

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 an

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