22 U.S.C. § 3201 — Congressional declaration of policy

Page 1316 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3201 Sec. 3224a. Studies and agreements by Secretary of En- ergy on multinational or international basis concerning spent fuel storage facili- ties and transportation systems; congres- sional consent; authorization of appropria- tions; limitations on use of funds; excep- tions; special nuclear material for India. SUBCHAPTER II—UNITED STATES INITIATIVES TO STRENGTHEN THE INTERNATIONAL SAFE- GUARDS SYSTEM 3241. Congressional declaration of policy. 3242. Training program. 3243. Negotiations. 3244. Actions to combat international nuclear ter- rorism. SUBCHAPTER III—UNITED STATES ASSISTANCE TO DEVELOPING COUNTRIES 3261. Congressional declaration of policy; Presi- dential report to Congress. 3262. Programs. SUBCHAPTER IV—EXECUTIVE REPORTING 3281. Annual Presidential report to Congress on governmental efforts to prevent prolifera- tion. 3282. Reports by departments and agencies. § 3201. Congressional declaration of policy The Congress finds and declares that the pro- liferation 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 empha- size the urgency of this threat and the impera- tive need to increase the effectiveness of inter- national safeguards and controls on peaceful nu- clear activities to prevent proliferation. Accord- ingly, it is the policy of the United States to— (a) actively pursue through international initiatives mechanisms for fuel supply assur- ances 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 sanc- tions; (b) take such actions as are required to con- firm 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 estab- lishing procedures to facilitate the timely processing of requests for subsequent arrange- ments and export licenses; (c) strongly encourage nations which have not ratified the Treaty on the Non-Prolifera- tion of Nuclear Weapons to do so at the ear- liest possible date; and (d) cooperate with foreign nations in identi- fying and adapting suitable technologies for energy production and, in particular, to iden- tify alternative options to nuclear power in aiding such nations to meet their energy needs, consistent with the economic and mate- rial resources of those nations and environ- mental protection. (Pub. L. 95–242, § 2, Mar. 10, 1978, 92 Stat. 120.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 95–242, title VI, § 603(c), Mar. 10, 1978, 92 Stat. 152, provided that: ‘‘Except where otherwise provided, the provisions of this Act [see Short Title note below] shall take effect immediately upon enactment [Mar. 10, 1978] regardless of any requirement for the promulga- tion of regulations to implement such provisions.’’ SHORT TITLE Pub. L. 95–242, § 1, Mar. 10, 1978, 92 Stat. 120, provided: ‘‘That this Act [enacting this chapter and sections 2139a, 2141, 2153a to 2153e, 2153f, and 2155 to 2160a of Title 42, The Public Health and Welfare, amending sections 2074, 2075, 2077, 2094, 2139, and 2153 of Title 42, and enact- ing provisions set out as notes under sections 3201, 3222, and 3262 of this title and section 2139 of Title 42] may be cited as the ‘Nuclear Non-Proliferation Act of 1978’.’’ NUCLEAR PROLIFERATION PREVENTION; EFFECTIVE AND TERMINATION DATES OF 1994 AMENDMENT Title VIII of Pub. L. 103–236, Apr. 30, 1994, 108 Stat. 507, known as the Nuclear Proliferation Prevention Act of 1994, was amended by Pub. L. 104–164, title I, § 157, July 21, 1996, 110 Stat. 1440. As so amended, title VIII has been primarily transferred to chapter 72 (§ 6301 et seq.) of this title. For complete classification of title VIII to the Code, see Short Title note set out under sec- tion 6301 of this title and Tables. ADVOCACY AND ENCOURAGEMENT BY UNITED STATES OF NONPARTIES TO TREATY ON NON-PROLIFERATION OF NUCLEAR WEAPONS TO BECOME SIGNATORIES; REPORT TO CONGRESS Pub. L. 96–53, title V, § 507, Aug. 14, 1979, 93 Stat. 378, as amended by Pub. L. 97–113, title VII, § 734(a)(3), Dec. 29, 1981, 95 Stat. 1560, provided that: ‘‘(a) In accordance with the Nuclear Non-Prolifera- tion Act of 1978 [see Short Title note above], the Con- gress strongly urges all nations which are not parties to the Treaty on Non-Proliferation of Nuclear Weapons to become parties to that treaty. ‘‘(b) [Repealed. Pub. L. 97–113, title VII, § 734(a)(3), Dec. 29, 1981, 95 Stat. 1560.]’’ Executive Documents EX. ORD. NO. 12058. FUNCTIONS RELATING TO NUCLEAR NON-PROLIFERATION Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, pro- vided: By virtue of the authority vested in me by the Nu- clear Non-Proliferation Act of 1978 (Public Law 95–242, 92 Stat. 120, 22 U.S.C. 3201) [see Short Title note above] and the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.), and Section 301 of Title 3 of the United States Code, and as President of the United States of America, it is hereby ordered as follows: SECTION 1. Department of Energy. The following func- tions vested in the President by the Nuclear Non-Pro- liferation Act of 1978 (92 Stat. 120, 22 U.S.C. 3201), here- inafter referred to as the Act, and by the Atomic En- ergy Act of 1954, as amended (42 U.S.C. 2011 et seq.), hereinafter referred to as the 1954 Act, are delegated or assigned to the Secretary of Energy: (a) That function vested by Section 402(b) of the Act (92 Stat. 145, 42 U.S.C. 2153a). (b) Those functions vested by Sections 131a(2)(G), 131b(1), and 131f(2) of the 1954 Act (92 Stat. 127, 42 U.S.C. 2160). (c) That function vested by Section 131f(1)(A)(ii) of the 1954 Act [42 U.S.C. 2160(f)(1)(A)(ii)], to the extent it relates to the preparation of a detailed generic plan. SEC. 2. Department of State. The Secretary of State shall be responsible for performing the following func- tions vested in the President: (a) Those functions vested by Sections 104(a), 104(d), 105, 403, 404, 407, and 501 of the Act (92 Stat. 122, 123, 123, Page 1317 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3203 1 So in the original. Probably should be ‘‘section 109(b)’’. 146, 147, 148, and 148, 22 U.S.C. 3223(a), 3223(d), 3224, and 42 U.S.C. 2153b, 2153c, 2153e, and 22 U.S.C. 3261). (b) That function vested by Section 128a(2) of the 1954 Act (92 Stat. 137, 42 U.S.C. 2157(a)(2)). (c) That function vested by Section 601 of the Act [section 3281 of this title] to the extent it relates to the preparation of an annual report. (d) The preparation of timely information and rec- ommendations related to the President’s functions vested by Sections 126, 128b, and 129 of the 1954 Act (92 Stat. 131, 137, and 138, 42 U.S.C. 2155, 2157, and 2158). (e) That function vested by Section 131c of the 1954 Act (92 Stat. 129, 42 U.S.C. 2160(c)); except that, the Sec- retary shall not waive the 60-day requirement for the preparation of a Nuclear Non-Proliferation Assessment Statement for more than 60 days without the approval of the President. SEC. 3. Department of Commerce. The Secretary of Commerce shall be responsible for performing the func- tion vested in the President by Section 309(c) of the Act (92 Stat. 141, 42 U.S.C. 2139a). SEC. 4. Coordination. In performing the functions as- signed to them by this Order, the Secretary of Energy and the Secretary of State shall consult and coordinate their actions with each other and with the heads of other concerned agencies. SEC. 5. General Provisions. (a) Executive Order No. 11902 of February 2, 1976, entitled ‘‘Procedures for an Export Licensing Policy as to Nuclear Materials and Equipment,’’ is revoked. (b) The performance of functions under either the Act or the 1954 Act shall not be delayed pending the devel- opment of procedures, even though as many as 120 days are allowed for establishing them. Except where it would be inconsistent to do so, such functions shall be carried out in accordance with procedures similar to those in effect immediately prior to the effective date of the Act. JIMMY CARTER. § 3202. Congressional statement of purpose It is the purpose of this chapter to promote the policies set forth above by— (a) establishing a more effective framework for international cooperation to meet the en- ergy needs of all nations and to ensure that the worldwide development of peaceful nuclear activities and the export by any nation of nu- clear materials and equipment and nuclear technology intended for use in peaceful nu- clear activities do not contribute to prolifera- tion; (b) authorizing the United States to take such actions as are required to ensure that it will act reliably in meeting its commitment to supply nuclear reactors and fuel to nations which adhere to effective non-proliferation policies; (c) providing incentives to the other nations of the world to join in such international co- operative efforts and to ratify the Treaty; and (d) ensuring effective controls by the United States over its exports of nuclear materials and equipment and of nuclear technology. (Pub. L. 95–242, § 3, Mar. 10, 1978, 92 Stat. 120.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 95–242, Mar. 10, 1978, 92 Stat. 120, known as the Nuclear Non-Proliferation Act of 1978. For complete classification of this Act to the Code, see Short Title note set out under section 3201 of this title and Tables. 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 this title. § 3203. Definitions (a) As used in this chapter, the term— (1) ‘‘Commission’’ means the Nuclear Regu- latory Commission; (2) ‘‘IAEA’’ means International Atomic En- ergy Agency; (3) ‘‘nuclear materials and equipment’’ means source material, special nuclear mate- rial, production facilities, utilization facili- ties, and components, items or substances de- termined to have significance for nuclear ex- plosive purposes pursuant to subsection 109b 1 of the 1954 Act [42 U.S.C. 2139(b)]; (4) ‘‘physical security measures’’ means measures to reasonably ensure that source or special nuclear material will only be used for authorized purposes and to prevent theft and sabotage; (5) ‘‘sensitive nuclear technology’’ means any information (including information incor- porated in a production or utilization facility or important component part thereof) which is not available to the public and which is impor- tant to the design, construction, fabrication, operation or maintenance of a uranium en- richment or nuclear fuel reprocessing facility or a facility for the production of heavy water, but shall not include Restricted Data con- trolled pursuant to chapter 12 of the 1954 Act [42 U.S.C. 2161 et seq.]; (6) ‘‘1954 Act’’ means the Atomic Energy Act of 1954, as amended [42 U.S.C. 2011 et seq.]; and (7) ‘‘the Treaty’’ means the Treaty on the Non-Proliferation of Nuclear Weapons. (b) All other terms used in this chapter not de- fined in this section shall have the meanings as- cribed to them by the 1954 Act, the Energy Reor- ganization Act of 1974 [42 U.S.C. 5801 et seq.], and the Treaty. (Pub. L. 95–242, § 4, Mar. 10, 1978, 92 Stat. 121; Pub. L. 105–277, div. G, subdiv. A, title XII, § 1225(e)(1), Oct. 21, 1998, 112 Stat. 2681–775.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 95–242, Mar. 10, 1978, 92 Stat. 120, known as the Nuclear Non-Proliferation Act of 1978. For complete classification of this Act to the Code, see Short Title note set out under section 3201 of this title and Tables. The Atomic Energy Act of 1954, as amended, referred to in subsec. (a)(5), (6), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of Title 42, The Public Health and Welfare. Chap- ter 12 of the 1954 Act is classified generally to sub- chapter XI (§ 2161 et seq.) of division A of chapter 23 of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 42 and Tables.