
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC2158]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
          CHAPTER 23--DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
 
                        Division A--Atomic Energy
 
                 SUBCHAPTER X--INTERNATIONAL ACTIVITIES
 
Sec. 2158. Conduct resulting in termination of nuclear exports

    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 safeguards; or
            (C) materially violated an IAEA safeguards agreement; or
            (D) engaged in activities 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 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 
        supplied 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 activities 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 terminating 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 international fuel cycle evaluation in which 
        the United States is a participant or pursuant to a subsequent 
        international agreement or understanding to which the United 
        States subscribes;

unless the President determines that cessation of such exports would be 
seriously prejudicial to the achievement of United States non-
proliferation objectives or otherwise jeopardize the common 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 determination, shall be submitted to the 
Congress and referred to the Committee on Foreign Affairs of the House 
of Representatives and the Committee on Foreign Relations of the Senate 
for a period of sixty days of continuous session (as defined in section 
2159(g) of this title), but any such determination shall not become 
effective if during such sixty-day period the Congress adopts a 
concurrent 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.

(Aug. 1, 1946, ch. 724, title I, Sec. 129, as added Pub. L. 95-242, 
title III, Sec. 307, Mar. 10, 1978, 92 Stat. 138; renumbered title I, 
Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 
2944; amended Pub. L. 103-437, Sec. 15(f)(5), Nov. 2, 1994, 108 Stat. 
4592.)


                               Amendments

    1994--Pub. L. 103-437 substituted ``Foreign Affairs'' for 
``International Relations'' in closing provisions.

                         Change of Name

    Committee on Foreign Affairs of House of Representatives treated as 
referring to Committee on International Relations of House of 
Representatives by section 1(a) of Pub. L. 104-14, set out as a note 
preceding section 21 of Title 2, The Congress.


                             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 preparation of timely information 
and recommendations related to functions vested in President by this 
section, see section 2(d) 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 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 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 section 2159 of this title.
