42 U.S.C. § 2153b — Export policies relating to peaceful nu-

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 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 proce- dures governing such approvals shall be iden- tical to those set forth for the approval of pro- posed subsequent arrangements under section 2160 of this title, 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 sub- mission of the executive branch judgment re- garding 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 re- actor 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 en- richment, 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 des- ignates 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 Presi- dent determines to be essential to the operation of a complete uranium enrichment, nuclear fuel reprocessing, or heavy water production facility. (Pub. L. 95–242, title IV, § 402, Mar. 10, 1978, 92 Stat. 145.) Editorial Notes 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. 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 Delegation or assignment to Secretary of Energy of function vested in President under subsec. (b) of this section, see section 1(a) of Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out under section 3201 of Title 22, Foreign Relations and Intercourse. 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. § 2153b. Export policies relating to peaceful nu- clear activities and international nuclear trade The President shall take immediate and vig- orous steps to seek agreement from all nations and groups of nations to commit themselves to adhere to the following export policies with re- spect 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 terri- tory 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 com- mits 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 jurisdic- tion of, or under the control of any non-nu- clear-weapon state, shall be used for nuclear explosive devices for any purpose or for re- search 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 juris- Page 5441 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2153c diction of, or under the control of any non-nu- clear-weapon state; (3) adequate physical security measures will be established and maintained by any nation or group of nations on all of its nuclear activi- ties; (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 ma- terial only under effective international aus- pices and inspection (1) No source or special nuclear material with- in the territory of any nation or group of na- tions, under its jurisdiction, or under its control anywhere will be enriched (as described in sec- tion 2014(aa)(2) of this title) or reprocessed, no irradiated fuel elements containing such mate- rial 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 per- cent in the isotope 235 shall be performed except in a facility under effective international aus- pices and inspection, and any such irradiated fuel elements shall be transferred to such a fa- cility 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 pro- liferation 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 jurisdic- tion, or under its control anywhere for the nec- essary short-term storage of fuel elements con- taining plutonium, uranium 233, or uranium en- riched to greater than 20 percent in the isotope 235 prior to placement in a reactor or of irradi- ated fuel elements prior to transfer as required in subparagraph (1) shall be placed under effec- tive 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 jurisdic- tion, or under its control anywhere, and with re- spect to any international shipment of signifi- cant quantities of source or special nuclear ma- terial or irradiated source or special nuclear ma- terial, 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. (Pub. L. 95–242, title IV, § 403, Mar. 10, 1978, 92 Stat. 146.) Editorial Notes 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. 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- tions vested in President under this section, see section 2(a) of Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out under section 3201 of Title 22, Foreign Relations and Intercourse. 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. § 2153c. Renegotiation of agreements for coopera- tion (a) Application to existing agreements of under- takings required of new agreements after March 10, 1978 The President shall initiate a program imme- diately to renegotiate agreements for coopera- tion in effect on March 10, 1978, or otherwise to obtain the agreement of parties to such agree- ments 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 equiva- lent to any or all of the criteria set forth in sec- tion 127 of the 1954 Act [42 U.S.C. 2156] with re- spect 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 mate- rials 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 equip- ment which have previously been transferred under an agreement for cooperation with the United States and which are under the jurisdic- tion or control of the cooperating party and with respect to any special nuclear material which is used in or produced through the use