42 U.S.C. § 2158 — Conduct resulting in termination of nu-

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 Page 5453 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2159 1 See References in Text note below. sensitive nuclear technology, including items and assistance authorized by section 2077(b) of this title and regulated under part 810 of title 10, Code of Federal Regulations, and nuclear-re- lated items on the Commerce Control List main- tained under part 774 of title 15 of the Code of Federal Regulations, shall be exported or reex- ported, or transferred or retransferred whether directly or indirectly, and no Federal agency shall issue any license, approval, or authoriza- tion for the export or reexport, or transfer, or retransfer, whether directly or indirectly, of these items or assistance (as defined in this paragraph) to any country whose government has been identified by the Secretary of State as engaged in state sponsorship of terrorist activi- ties (specifically including any country the gov- ernment of which has been determined by the Secretary of State under section 2371(a) of title 22, section 4605(j)(1) 1 of title 50, or section 2780(d) of title 22 to have repeatedly provided support for acts of international terrorism). (2) This subsection shall not apply to exports, reexports, transfers, or retransfers of radiation monitoring technologies, surveillance equip- ment, seals, cameras, tamper-indication devices, nuclear detectors, monitoring systems, or equip- ment necessary to safely store, transport, or re- move hazardous materials, whether such items, services, or information are regulated by the De- partment of Energy, the Department of Com- merce, or the Commission, except to the extent that such technologies, equipment, seals, cam- eras, devices, detectors, or systems are available for use in the design or construction of nuclear reactors or nuclear weapons. (3) The President may waive the application of paragraph (1) to a country if the President de- termines and certifies to Congress that the waiver will not result in any increased risk that the country receiving the waiver will acquire nuclear weapons, nuclear reactors, or any mate- rials or components of nuclear weapons and— (A) the government of such country has not within the preceding 12-month period willfully aided or abetted the international prolifera- tion of nuclear explosive devices to individuals or groups or willfully aided and abetted an in- dividual or groups in acquiring unsafeguarded nuclear materials; (B) in the judgment of the President, the government of such country has provided ade- quate, verifiable assurances that it will cease its support for acts of international terrorism; (C) the waiver of that paragraph is in the vital national security interest of the United States; or (D) such a waiver is essential to prevent or respond to a serious radiological hazard in the country receiving the waiver that may or does threaten public health and safety. (Aug. 1, 1946, ch. 724, title I, § 129, as added Pub. L. 95–242, title III, § 307, Mar. 10, 1978, 92 Stat. 138; 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; Pub. L. 109–58, title VI, § 632(a), Aug. 8, 2005, 119 Stat. 788; Pub. L. 110–369, title II, § 203, Oct. 8, 2008, 122 Stat. 4033.) Editorial Notes REFERENCES IN TEXT Section 4605(j)(1) of title 50, referred to in subsec. (b)(1), was repealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. AMENDMENTS 2008—Subsec. (a). Pub. L. 110–369 substituted ‘‘Con- gress adopts, and there is enacted, a joint resolution’’ for ‘‘Congress adopts a concurrent resolution’’ in con- cluding provisions. 2005—Pub. L. 109–58 designated existing provisions as subsec. (a) and added subsec. (b). 1994—Pub. L. 103–437 substituted ‘‘Foreign Affairs’’ for ‘‘International Relations’’ in closing provisions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2005 AMENDMENT Pub. L. 109–58, title VI, § 632(b), Aug. 8, 2005, 119 Stat. 789, provided that: ‘‘Subsection b. of section 129 of Atomic Energy Act of 1954 [42 U.S.C. 2158(b)], as added by subsection (a) of this section, shall apply with re- spect to exports that have been approved for transfer as of the date of the enactment of this Act [Aug. 8, 2005] but have not yet been transferred as of that date.’’ 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 preparation of timely information and recommendations related to functions vested in President by this section, see sec- tion 2(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. § 2159. Congressional review procedures (a) Committee consideration of Presidential sub- missions; 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 Presi- dent 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 de- fined in subsection (f), stating in substance that the Congress approves or disapproves such sub- mission, as the case may be: Provided, That if any such committee has not reported such a res-