US Code

Public Law 119-73 (01/23/2026)

22 U.S.C. § 3281

Annual Presidential report to Congress on governmental efforts to prevent proliferation

(a)

Review of Government activities; description of progress; assessment of impact of prog­ress; determinations regarding non-nuclear-weapon states; counterproductiveness of policies

The President shall review all activities of Government departments and agencies relating to preventing proliferation and shall make a report to Congress in January of 1979 and annually in January of each year thereafter on the Government’s efforts to prevent proliferation. This report shall include but not be limited to—
(1)
a description of the progress made toward—
(A)
negotiating the initiatives contemplated in sections 3223 and 3224 of this title;
(B)
section 2153b of title 42 negotiating the international arrangements or other mutual undertakings contemplated in ;
(C)
encouraging non-nuclear-weapon states that are not party to the Treaty to adhere to the Treaty or, pending such adherence, to enter into comparable agreements with respect to safeguards and to foreswear the development of any nuclear explosive devices, and discouraging nuclear exports to non-nuclear-weapon states which have not taken such steps;
(D)
section 3241 of this title strengthening the safeguards of the IAEA as contemplated in ; and
(E)
section 2153c(a) of title 42 renegotiating agreements for cooperation as contemplated in ;
(2)
an assessment of the impact of the progress described in paragraph (1) on the non-proliferation policy of the United States; an explanation of the precise reasons why progress has not been made on any particular point and recommendations with respect to appropriate measures to encourage progress; and a statement of what legislative modifications, if any, are necessary in his judgment to achieve the non-proliferation policy of the United States;
(3)
a determination as to which non-nuclear-weapon states with which the United States has an agreement for cooperation in effect or under negotiation, if any, have—
(A)
detonated a nuclear device; or
(B)
refused to accept the safeguards of the IAEA on all of their peaceful nuclear activities; or
(C)
refused to give specific assurances that they will not manufacture or otherwise acquire any nuclear explosive device; or
(D)
engaged in activities involving source or special nuclear material and having direct significance for the manufacture or acquisition of nuclear explosive devices;
(4)
an assessment of whether any of the policies set forth in this chapter have, on balance, been counterproductive from the standpoint of preventing proliferation;
(5)
1
1 So in original. Probably should be “; and”.
a description of the progress made toward establishing procedures to facilitate the timely processing of requests for subsequent arrangements and export licenses in order to enhance 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; 
(6)
a description of the implementation of nuclear and nuclear-related dual-use export controls in the preceding calendar year, including a summary by type of commodity and destination of—
(A)
all transactions for which—
(i)
section 2139a(c) of title 42 an export license was issued for any good controlled under ;
(ii)
section 2139(b) of title 42 an export license was issued under ;
(iii)
section 2139(b)(3) of title 42 approvals were issued under the Export Administration Act of 1979, or , for the retransfer of any item, technical data, component, or substance; or
(iv)
section 2077(b)(2) of title 42 authorizations were made as required by to engage, directly or indirectly, in the production of special nuclear material;
(B)
each instance in which—
(i)
section 6301(a) of this titlesection 6303 of this titlesection 2799aa–1(b)(1) of this title a sanction has been imposed under or or ;
(ii)
section 2753(f) of this titlesection 2780(d) of this title sales or leases have been denied under or transactions prohibited by reason of acts relating to proliferation of nuclear explosive devices as described in ;
(iii)
section 6301(c)(2) of this titlesection 2799aa–1(b)(4) of this title a sanction has not been imposed by reason of or the imposition of a sanction has been delayed under ; or
(iv)
a waiver of a sanction has been made under—
(I)
section 6301(f) of this titlesection 6303 of this title or ,
(II)
section 2375(d) of this titlesection 2799aa–1(b) of this title , or paragraph (5) or (6)(B) of ,
(III)
section 2780(g) of this titlesection 2780(d) of this title with respect to the last sentence of , or
(IV)
section 2364 of this titlesection 2375 of this titlesection 2753(f) of this titlesection 2780(d) of this title2
2 So in original. Probably should be preceded by “section”.
with respect to or , the last sentence of , or 2799aa–1(b)(1)  of this title; and
(C)
the progress of those independent states of the former Soviet Union that are non-nuclear-weapon states and of the Baltic states towards achieving the objective of applying full scope safeguards to all their peaceful nuclear activities.
3
3 See References in Text note below.
Portions of the information required by paragraph (6) may be submitted in classified form, as necessary. Any such information that may not be published or disclosed under section 12(c)(1)  of the Export Administration Act of 1979 shall be submitted as confidential.
(b)

Analysis of civil agreements for cooperation

section 2153 of title 42In the first report required by this section, the President shall analyze each civil agreement for cooperation negotiated pursuant to , and shall discuss the scope and adequacy of the requirements and obligations relating to safeguards and other controls therein.

Pub. L. 95–242, title VI, § 60192 Stat. 150Pub. L. 103–236, title VIII, § 811108 Stat. 507(, , ; , , .)

Editorial Notes

References in Text

Pub. L. 95–24292 Stat. 120section 3201 of this titleThis chapter, referred to in subsec. (a)(4), was in the original “this Act”, meaning , , , known as the Nuclear Non-Proliferation Act of 1978. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 96–7293 Stat. 503Pub. L. 115–232, div. A, title XVII, § 1766(a)132 Stat. 223250 U.S.C. 4611section 4614 of Title 50The Export Administration Act of 1979, referred to in subsec. (a), is , , , which was classified principally to chapter 56 (§ 4601 et seq.) of Title 50, War and National Defense, prior to repeal by , , , except for sections 11A, 11B, and 11C thereof (, 4612, 4613). Section 12 of the Act was classified to prior to repeal.

Amendments

Pub. L. 103–2361994—Subsec. (a). struck out “and” after the semicolon in par. (4), substituted a semicolon for the period in par. (5), and added par. (6) and concluding provisions.

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Pub. L. 103–236section 831 of Pub. L. 103–236section 6301 of this titleAmendment by effective 60 days after , see , set out as an Effective Date note under .

Effective Date

section 603(c) of Pub. L. 95–242section 3201 of this titleSection effective , except as otherwise provided and regardless of any requirements for the promulgation of implementing regulations, see , set out as a note under .

Termination of Reporting Requirements

section 3003 of Pub. L. 104–66section 1113 of Title 31For termination, effective , of provisions in subsec. (a) of this section relating to the requirement that the President annually report to Congress on the Government’s efforts to prevent proliferation, see , as amended, set out as a note under , Money and Finance, and page 15 of House Document No. 103–7.

Executive Documents

Delegation of Functions

section 301 of Title 3For delegation of congressional reporting functions of President under subsec. (a) of this section, see section 1 of Ex. Ord. No. 13313, , 68 F.R. 46073, set out as a note under , The President.