
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC2153b]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
          CHAPTER 23--DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
 
                        Division A--Atomic Energy
 
                 SUBCHAPTER X--INTERNATIONAL ACTIVITIES
 
Sec. 2153b. Export policies relating to peaceful nuclear 
        activities and international nuclear trade
        
    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) 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.

(Pub. L. 95-242, title IV, Sec. 403, Mar. 10, 1978, 92 Stat. 146.)

                          Codification

    Section was enacted as part of the Nuclear Non-Proliferation Act of 
1978, and not as part of the Atomic Energy Act of 1954 which comprises 
this chapter.


                             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.

                         Delegation of Functions

    Secretary of State responsible for performing functions 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, Foreign Relations and Intercourse.

                  Section Referred to in Other Sections

    This section is referred to in sections 2153c, 2155 of this title; 
title 22 sections 3223, 3281.
