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42 U.S.C. § 2153b — Export policies relating to peaceful nuclear activities and international nuclear trade
Federal law — U.S. Code and appendices · legal_authorities
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
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Source location: Title 42, Chapter 23, § 2153b; chapter-023-development-and-control-of-atomic-energy.md
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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 of this section; and
(5) no nation or group of nations will assist, encourage, or induce any non-nuclear-weapon state to manufacture or otherwise acquire any nuclear explosive device.
**(b) Enrichment of source or special nuclear material only under effective international auspices and inspection**
(1) No source or special nuclear material within the territory of any nation or group of nations, under its jurisdiction, or under its control anywhere will be enriched (as described in [section 2014(aa)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2014/aa/2&num=0&edition=prelim)) or reprocessed, no irradiated fuel elements containing such material which are to be removed from a reactor will be altered in form or content, and no fabrication or stockpiling involving plutonium, uranium 233, or uranium enriched to greater than 20 percent in the isotope 235 shall be performed except in a facility under effective international auspices and inspection, and any such irradiated fuel elements shall be transferred to such a facility as soon as practicable after removal from a reactor consistent with safety requirements. Such facilities shall be limited in number to the greatest extent feasible and shall be carefully sited and managed so as to minimize the proliferation and environmental risks associated with such facilities. In addition, there shall be conditions to limit the access of non-nuclear-weapon states other than the host country to sensitive nuclear technology associated with such facilities.
(2) Any facilities within the territory of any nation or group of nations, under its jurisdiction, or under its control anywhere for the necessary short-term storage of fuel elements containing plutonium, uranium 233, or uranium enriched to greater than 20 percent in the isotope 235 prior to placement in a reactor or of irradiated fuel elements prior to transfer as required in subparagraph (1) shall be placed under effective international auspices and inspection.
**(c) Establishment of physical security measures** Adequate physical security measures will be established and maintained with respect to all nuclear activities within the territory of each nation and group of nations, under its jurisdiction, or under its control anywhere, and with respect to any international shipment of significant quantities of source or special nuclear material or irradiated source or special nuclear material, which shall also be conducted under international safeguards.
**(d) United States military activities** Nothing in this section shall be interpreted to require international control or supervision of any United States military activities.
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Federal law — U.S. Code and appendices · legal_authorities
**(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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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3202
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3221
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Federal law — U.S. Code and appendices · legal_authorities
**(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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Federal law — U.S. Code and appendices · legal_authorities
**(a) Application to existing agreements of undertakings required of new agreements after March 10, 1978** The President shall initiate a program immediately to renegotiate agreements for cooperation in effect on March 10, 1978, or otherwise to obtain the agreement of parties to such agreements for cooperation to the undertakings that would be required for new agreements under the 1954 Act. To the extent that an agreement for cooperation in effect on March 10, 1978, with a cooperating party contains provisions equivalent to any or all of the criteria set forth in section 127 of the 1954 Act [[42 U.S.C. 2156](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2156&num=0&edition=prelim)] with respect to materials and equipment transferred pursuant thereto or with respect to any special nuclear material used in or produced through the use of any such material or equipment, any renegotiated agreement with that cooperating party shall continue to contain an equivalent provision with respect to such transferred materials and equipment and such special nuclear material. To the extent that an agreement for cooperation in effect on March 10, 1978, with a cooperating party does not contain provisions with respect to any nuclear materials and equipment which have previously been transferred under an agreement for cooperation with the United States and which are under the jurisdiction or control of the cooperating party and with respect to any special nuclear material which is used in or produced through the use thereof and which is under the jurisdiction or control of the cooperating party, which are equivalent to any or all of those required for new and amended agreements for cooperation under section 123 a. of the 1954 Act [[42 U.S.C. 2153(a)](https://us
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2153c
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2153b
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