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

The Congress finds and declares that the proliferation 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 emphasize the urgency of this threat and the imperative need to increase the effectiveness of international safeguards and controls on peaceful nuclear activities to prevent proliferation. Accordingly, it is the policy of the United States to—

(a)

actively pursue through international initiatives mechanisms for fuel supply assurances 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 sanctions;

(b)

take such actions as are required to confirm 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 establishing procedures to facilitate the timely processing of requests for subsequent arrangements and export licenses;

(c)

strongly encourage nations which have not ratified the Treaty on the Non-Proliferation of Nuclear Weapons to do so at the earliest possible date; and

(d)

cooperate with foreign nations in identifying and adapting suitable technologies for energy production and, in particular, to identify alternative options to nuclear power in aiding such nations to meet their energy needs, consistent with the economic and material resources of those nations and environmental protection.

Pub. L. 95–242, § 2Mar. 10, 197892 Stat. 120(, , .)

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 95–242, title VI, § 603(c)Mar. 10, 197892 Stat. 152

Mar. 10, 1978“Except where otherwise provided, the provisions of this Act [see Short Title note below] shall take effect immediately upon enactment [] regardless of any requirement for the promulgation of regulations to implement such provisions.”

, , , provided that:

Short Title

Pub. L. 95–242, § 1Mar. 10, 197892 Stat. 120

section 2139 of Title 42“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 enacting provisions set out as notes under sections 3201, 3222, and 3262 of this title and ] may be cited as the ‘Nuclear Non-Proliferation Act of 1978’.”

, , , provided:

Nuclear Proliferation Prevention; Effective and Termination Dates of 1994 Amendment

Pub. L. 103–236Apr. 30, 1994108 Stat. 507 Pub. L. 104–164, title I, § 157July 21, 1996110 Stat. 1440 section 6301 of this titleTitle VIII of , , , known as the Nuclear Proliferation Prevention Act of 1994, was amended by , , . 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 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, § 507Aug. 14, 197993 Stat. 378 Pub. L. 97–113, title VII, § 734(a)(3)Dec. 29, 198195 Stat. 1560

“(a)

In accordance with the Nuclear Non-Proliferation Act of 1978 [see Short Title note above], the Congress strongly urges all nations which are not parties to the Treaty on Non-Proliferation of Nuclear Weapons to become parties to that treaty.

“(b)

Pub. L. 97–113, title VII, § 734(a)(3)Dec. 29, 198195 Stat. 1560 [Repealed. , , .]

”

, , , as amended by , , , provided that:

Executive Documents

Ex. Ord. No. 12058. Functions Relating to Nuclear Non-Proliferation

May 11, 1978Ex. Ord. No. 12058, , 43 F.R. 20947, provided:

Public Law 95–242 92 Stat. 120 22 U.S.C. 3201 42 U.S.C. 2011 Section 301 of Title 3By virtue of the authority vested in me by the Nuclear Non-Proliferation Act of 1978 (, , ) [see Short Title note above] and the Atomic Energy Act of 1954, as amended ( et seq.), and of the United States Code, and as President of the United States of America, it is hereby ordered as follows:

SectionDepartment of Energy92 Stat. 120 22 U.S.C. 3201 42 U.S.C. 2011 1. . The following functions vested in the President by the Nuclear Non-Proliferation Act of 1978 (, ), hereinafter referred to as the Act, and by the Atomic Energy Act of 1954, as amended ( et seq.), hereinafter referred to as the 1954 Act, are delegated or assigned to the Secretary of Energy:

92 Stat. 145 42 U.S.C. 2153a(a) That function vested by Section 402(b) of the Act (, ).

92 Stat. 127 42 U.S.C. 2160(b) Those functions vested by Sections 131a(2)(G), 131b(1), and 131f(2) of the 1954 Act (, ).

42 U.S.C. 2160(f)(1)(A)(ii)(c) That function vested by Section 131f(1)(A)(ii) of the 1954 Act [], to the extent it relates to the preparation of a detailed generic plan.

SecDepartment of State. 2. . The Secretary of State shall be responsible for performing the following functions vested in the President:

92 Stat. 122 22 U.S.C. 3223(a)42 U.S.C. 2153b 22 U.S.C. 3261(a) Those functions vested by Sections 104(a), 104(d), 105, 403, 404, 407, and 501 of the Act (, 123, 123, 146, 147, 148, and 148, , 3223(d), 3224, and , 2153c, 2153e, and ).

92 Stat. 137 42 U.S.C. 2157(a)(2)(b) That function vested by Section 128a(2) of the 1954 Act (, ).

section 3281 of this title(c) That function vested by Section 601 of the Act [] to the extent it relates to the preparation of an annual report.

92 Stat. 131 42 U.S.C. 2155(d) The preparation of timely information and recommendations related to the President’s functions vested by Sections 126, 128b, and 129 of the 1954 Act (, 137, and 138, , 2157, and 2158).

92 Stat. 129 42 U.S.C. 2160(c)(e) That function vested by Section 131c of the 1954 Act (, ); except that, the Secretary 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.

SecDepartment of Commerce92 Stat. 141 42 U.S.C. 2139a. 3. . The Secretary of Commerce shall be responsible for performing the function vested in the President by Section 309(c) of the Act (, ).

SecCoordination. 4. . In performing the functions assigned 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.

SecGeneral ProvisionsFebruary 2, 1976. 5. . (a) Executive Order No. 11902 of , 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 development 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.