42 U.S.C. § 2157 — Additional export criterion and proce-

Page 5451 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2157 its judgement are no less strict than those es- tablished by any international guidelines to which the United States subscribes and which in its judgment will provide adequate protection for facilities and material referred to in para- graph (3) of section 2156 of this title taking into consideration variations in risks to security as appropriate. (Pub. L. 95–242, title III, § 304(d), Mar. 10, 1978, 92 Stat. 135; Pub. L. 105–277, div. G, title XII, § 1225(e)(3), Oct. 21, 1998, 112 Stat. 2681–775.) Editorial Notes REFERENCES IN TEXT Commission, referred to in text, is defined as mean- ing the Nuclear Regulatory Commission by section 4(a)(1) of the Nuclear Non-Proliferation Act of 1978, Pub. L. 95–242, which is classified to section 3203(a)(1) of Title 22, Foreign Relations and Intercourse. CODIFICATION Section was enacted as part of the Nuclear Non-Pro- liferation Act of 1978, and not as part of the Atomic En- ergy Act of 1954 which comprises this chapter. AMENDMENTS 1998—Pub. L. 105–277 substituted ‘‘and the Secretary of Defense,’’ for ‘‘the Secretary of Defense, and the Di- rector,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–277 effective on earlier of Apr. 1, 1999, or date of abolition of the United States Arms Control and Disarmament Agency pursuant to re- organization plan described in section 6601 of Title 22, Foreign Relations and Intercourse, see section 1201 of Pub. L. 105–277, set out as an Effective Date note under section 6511 of Title 22. EFFECTIVE DATE Section effective Mar. 10, 1978, except as otherwise provided and regardless of any requirements for the promulgation of implementing regulations, see section 603(c) of Pub. L. 95–242, set out as a note under section 3201 of Title 22, Foreign Relations and Intercourse. Executive Documents PERFORMANCE OF FUNCTIONS PENDING DEVELOPMENT OF PROCEDURES The performance of functions under the Nuclear Non- Proliferation Act of 1978, Pub. L. 95–242, Mar. 10, 1978, 92 Stat. 120, not to be delayed pending development of procedures even though as many as 120 days [after Mar. 10, 1978] are allowed for establishing those procedures, see section 5(b) of Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out under section 3201 of Title 22, For- eign Relations and Intercourse. § 2157. Additional export criterion and proce- dures (a)(1) As a condition of continued United States export of source material, special nuclear material, production or utilization facilities, and any sensitive nuclear technology to non-nu- clear-weapon states, no such export shall be made unless IAEA safeguards are maintained with respect to all peaceful nuclear activities in, under the jurisdiction of, or carried out under the control of such state at the time of the ex- port. (2) The President shall seek to achieve adher- ence to the foregoing criterion by recipient non- nuclear-weapon states. (b) The criterion set forth in subsection (a) shall be applied as an export criterion with re- spect to any application for the export of mate- rials, facilities, or technology specified in sub- section (a) which is filed after eighteen months from March 10, 1978, or for any such application under which the first export would occur at least twenty-four months after March 10, 1978, except as provided in the following paragraphs: (1) If the Commission or the Department of Energy, as the case may be, is notified that the President has determined that failure to approve an export to which this subsection ap- plies because such criterion has not yet been met would be seriously prejudicial to the achievement of United States non-prolifera- tion objectives or otherwise jeopardize the common defense and security, the license or authorization may be issued subject to other applicable requirements of the law: Provided, That no such export of any production or utili- zation facility or of any source or special nu- clear material (intended for use as fuel in any production or utilization facility) which has been licensed or authorized pursuant to this subsection shall be made to any non-nuclear- weapon state which has failed to meet such criterion until the first such license or author- ization with respect to such state is submitted to the Congress (together with a detailed as- sessment of the reasons underlying the Presi- dent’s determination, the judgment of the ex- ecutive branch required under section 2155 of this title, and any Commission opinion and views) for a period of sixty days of continuous session (as defined in section 2159(g) of this title) and referred to the Committee on For- eign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate, but such export shall not occur if during such sixty-day period the Congress adopts a concurrent resolution stating in sub- stance that the Congress does not favor the proposed export. Any such license or author- ization shall be considered pursuant to the procedures set forth in section 2159 of this title for the consideration of Presidential submis- sions. (2) If the Congress adopts a resolution of dis- approval pursuant to paragraph (1), no further export of materials, facilities, or technology specified in subsection (a) shall be permitted for the remainder of that Congress, unless such state meets the criterion or the Presi- dent notifies the Congress that he has deter- mined that significant progress has been made in achieving adherence to such criterion by such state or that United States foreign policy interests dictate reconsideration and the Con- gress, pursuant to the procedure of paragraph (1), does not adopt a concurrent resolution stating in substance that it disagrees with the President’s determination. (3) If the Congress does not adopt a resolu- tion of disapproval with respect to a license or authorization submitted pursuant to para- graph (1), the criterion set forth in subsection (a) shall not be applied as an export criterion Page 5452 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2158 with respect to exports of materials, facilities and technology specified in subsection (a) to that state: Provided, That the first license or authorization with respect to that state which is issued pursuant to this paragraph after twelve months from the elapse of the sixty- day period specified in paragraph (1), and the first such license or authorization which is issued after each twelve-month period there- after, shall be submitted to the Congress for review pursuant to the procedures specified in paragraph (1): Provided further, That if the Congress adopts a resolution of disapproval during any review period provided for by this paragraph, the provisions of paragraph (2) shall apply with respect to further exports to such state. (Aug. 1, 1946, ch. 724, title I, § 128, as added Pub. L. 95–242, title III, § 306, Mar. 10, 1978, 92 Stat. 137; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; amended Pub. L. 103–437, § 15(f)(5), Nov. 2, 1994, 108 Stat. 4592.) Editorial Notes AMENDMENTS 1994—Subsec. (b)(1). Pub. L. 103–437 substituted ‘‘For- eign Affairs’’ for ‘‘International Relations’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Mar. 10, 1978, except as otherwise provided and regardless of any requirements for the promulgation of implementing regulations, see section 603(c) of Pub. L. 95–242, set out as a note under section 3201 of Title 22, Foreign Relations and Intercourse. Executive Documents DELEGATION OF FUNCTIONS Secretary of State responsible for performing func- tion vested in President under subsec. (a)(2) of this sec- tion and responsible for preparation of timely informa- tion and recommendations related to functions vested in President under subsec. (b) of this section, see sec- tion 2(b), (d) of Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out under section 3201 of Title 22, Foreign Re- lations and Intercourse. PERFORMANCE OF FUNCTIONS PENDING DEVELOPMENT OF PROCEDURES The performance of functions under this chapter, as amended by the Nuclear Non-Proliferation Act of 1978, Pub. L. 95–242, Mar. 10, 1978, 92 Stat. 120, not to be de- layed pending development of procedures even though as many as 120 days [after Mar. 10, 1978] are allowed for establishing those procedures, see section 5(b) of Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out under section 3201 of Title 22, Foreign Relations and Inter- course. § 2158. Conduct resulting in termination of nu- clear exports (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 safe- guards; or (C) materially violated an IAEA safe- guards agreement; or (D) engaged in activities involving source or special nuclear material and having di- rect significance for the manufacture or ac- quisition of nuclear explosive devices, and has failed to take steps which, in the Presi- dent’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 sup- plied 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; or (B) assisted, encouraged, or induced any non-nuclear-weapon state to engage in ac- tivities 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 termi- nating 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 non-nuclear-weapon state except in connection with an inter- national fuel cycle evaluation in which the United States is a participant or pursuant to a subsequent international agreement or un- derstanding to which the United States sub- scribes; unless the President determines that cessation of such exports would be seriously prejudicial to the achievement of United States non-prolifera- tion objectives or otherwise jeopardize the com- mon defense and security: Provided, That prior to the effective date of any such determination, the President’s determination, together with a report containing the reasons for his determina- tion, shall be submitted to the Congress and re- ferred to the Committee on Foreign Affairs of the House of Representatives and the Com- mittee on Foreign Relations of the Senate for a period of sixty days of continuous session (as de- fined in section 2159(g) of this title), but any such determination shall not become effective if during such sixty-day period the Congress adopts, and there is enacted, a joint 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 2159 of this title for the consideration of Presidential submissions. (b)(1) Notwithstanding any other provision of law, including specifically section 2151 of this title, and except as provided in paragraphs (2) and (3), no nuclear materials and equipment or