Nuclear Antiproliferation Act
PL 95-242 (H.R.8638), enacted 03/10/1978

92 STAT. 120 
PUBLIC LAW 95-242—MAR. 10, 1978 
Public Law 95-242 
95th Congress 
Mar. 10, 1978 
[H.R. 8638] 
Nuclear Non-
Proliferation Act 
of 1978. 
22 use 3201 
note. 
22 use 3201. 
22 use 3202. 
An Act 
To provide for more efficient and effective control over the proliferation of nuclear 
explosive capability. 
Be it enacted hy the Senate and House of Repr-esentatives 
of the 
United States of Arnenca 
in Congress a-ssemhled, That this Act may 
be cited as the "Nuclear Non-Proliferation Act of 1978". 
STATEMENT OF POLICY 
SEC. 2. 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. Eecent events emphasize the 
urgency of this threat and the imperative need to increase the effec-
tiveness 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 mech-
anisms 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 pur-
poses in order to prevent proliferation, including the establish-
ment 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-prolif-
eration 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. 
STATEMENT OF PURPOSE 
SEC. 3. It is the purpose of this Act to promote the policies set forth 
above by— 
(a) establishing a more effective framework for international 
cooperation to meet the energy needs of all nations and to ensure 
that the worldwide development of peaceful nuclear activities and 
the export by any nation of nuclear materials and equipment and 
nuclear technology intended for use in peaceful nuclear activities 
do not contribute to proliferation; 
(b) authorizing the United States to take such actions as are 
required to ensure that it will act reliably in meeting its commit-
PUBLIC LAW 95-242—MAR. 10, 1978 
92 STAT. 121 
ment to supply nuclear reactors and fuel to nations which adhere 
to effective non-proliferation policies; 
(c) providing incentives to the other nations of the world to 
join in such international cooperative efforts and to ratify the 
,, Treaty; and 
(d) ensuring effective controls by the United States over its 
exports of nuclear materials and equipment and of nuclear 
technology. 
DEFINITIONS 
SEC. 4. (a) As used in this Act, the term— 
22 USC 3203. 
(1) "Commission" means the Nuclear Regulatory Commission; 
(2) "Director" means the Director of the Arms Control and 
Disarmament Agency; 
(3) "IAEA" means International Atomic Energy Agency; 
(4) "nuclear materials and equipment" means source material, 
special nuclear material, production facilities, utilization facilities, 
and components, items or substances determined to have signifi-
cance for nuclear explosive purposes pursuant to subsection 109 b. 
of the 1954 Act; 
Post, p. Ul. 
; 
(5) "physical security measures" means measures to reasonably 
ensure that source or special nuclear material Avill only be used 
for authorized purposes and to prevent theft and sabotage; 
(6) "sensitive nuclear technology" means any information 
(including information incorporated in a production or utilization 
facility or important component part thereof) which is not avail-
able to the public and which is important to the design, construc-
tion, 
fabrication, operation or maintenance of a uranium 
enrichment or nuclear fuel reprocessing facility or a facility for 
i,: the production of heavy water, but shall not include Restricted 
• 
Data controlled pursuant to chapter 12 of the 1954 Act; 
t 
(7) "1954 Act' means the Atomic Energy Act of 1954, as 
amended; and 
42 U
S
C 2011 
(8) "the Treaty" means the Treaty on the Non-Proliferation "
°
*
®
" 
of Nuclear Weapons, 
(b) All other terms used in this Act not defined in this section shall 
have the meanings ascribed to them by the 1954 Act, the Energy 
Reorganization Act of 1974, and the Treaty. 
42 USC 5801 
note. 
TITLE I—UNITED STATES INITIATIVES TO PROVIDE 
ADEQUATE NUCLEAR FUEL SUPPLY 
' 
POLICY 
SEC. 101. The United States, as a matter of national policy, shall 22 U
S
C 3221. 
take such actions and institute such measures as may be necessary and 
feasible to assure other nations and groups of nations that may seek 
to utilize the benefits of atomic energy for peaceful purposes that 
it will provide a reliable supply of nuclear fuel to those nations and 
groups of nations which adhere to policies designed to prevent pro-
liferation. Such nuclear fuel shall be provided under agreements 
entered into pursuant to section 161 of the 1954 Act or as otherwise 42 USC 2201. 
authorized by law. The United States shall ensure that it will have 
available the capacity on a long-term basis to enter into new fuel sup-
ply commitments consistent with its non-proliferation policies and 
domestic energy needs. The Commission shall, on a timely basis, 
92 STAT. 122 
PUBLIC LAW 95-242—MAR. 10, 1978 
authorize the export of nuclear materials and equipment when all the 
applicable statutory requirements are met. 
URANIUM ENRICHMENT CAPACITY 
22 use 3222. 
SEC. 102. The Secretary of Energy is directed to initiate construc-
tion planning and design, construction, and operation activities for 
expansion of uranium enrichment capacity, as elsewhere provided by 
law. Further the Secretary as well as the Nuclear Eegulatory Com-
mission, the Secretary of State, and the Director of the Arms Control 
and Disarmament Agency are directed to establish and implement 
procedures which will ensure to the maximum extent feasible, con-
sistent with this Act, orderly processing of subsequent arrangements 
nnd export licenses with minimum time delay. 
Study. 
22 u s e 3222 
note. 
Report to 
eongress. 
REPORT 
SEC. 103. The President shall promptly undertake a study to deter-
mine the need for additional United States enrichment capacity to 
meet domestic and foreign needs and to promote United States non-
proliferation objectives abroad. The President shall report to the Con-
gress on the results of this study within twelve months after the date 
of enactment of this Act. 
Discussions and 
negotiations. 
22 u s e 3223. 
INTERNATIONAL UNDERTAKINGS 
SEC. 104. (a) Consistent with section 105 of this Act, the President 
shall institute prompt discussions with other nations and groups of 
nations, including both supplier and recipient nations, to develop inter-
national approaches for meeting future worldwide nuclear fuel needs. 
In particular, the President is authorized and urged to seek to nego-
tiate as soon as practicable with nations possessing nuclear fuel pro-
duction facilities or source material, and such other nations and groups 
of nations, such as the IAEA, as may be deemed appropriate, with a 
view toward the timely establishment of binding international under-
takings providing for— 
(1) the establishment of an international nuclear fuel author-
ity (INFA) with responsibility for providing agreed upon fuel 
services and allocating agreed upon quantities of fuel resources 
to ensure fuel supply on reasonable terms in accordance with 
agreements between INFA and supplier and recipient nations; 
(2) a set of conditions consistent with subsection (d) under 
which international fuel assurances under INFA auspices will 
be provided to recipient nations, including conditions which will 
ensure that the transferred materials will not be used for nuclear 
explosive devices; 
(3) devising, consistent with the policy goals set forth in sec-
tion 403 of this Act, feasible and environmentally sound ap-
proaches for the siting, development, and management under 
effective international auspices and inspection of facilities for 
the provision of nuclear fuel services, including the storage of 
special nuclear material; 
(4) the establishment of repositories for the storage of spent 
nuclear reactor fuel under effective international auspices and 
inspection; 
(5) the establishment of arrangements under which nations 
placing spent fuel in such repositories would receive appropriate 
PUBLIC LAW 95-242—MAR. 10, 1978 
92 STAT. 123 
compensation for the energy content of such spent fuel if recov-
ery of such energy content is deemed necessary or desirable; and 
(6) sanctions for violation of the provisions of or for abroga-
tion of such binding international undertakings. 
(b) The President shall submit to Congress not later than six 
months after the date of enactment of this Act proposals for initial 
fuel assurances, including creation of an interim stockpile of uranium 
enriched to less than 20 percent in tlie uranium isotope 235 (low-
enriched uranium) to be available for transfer pursuant to a sales 
arrangement to nations which adhere to strict policies designed to 
prevent proliferation when and if necessary to ensure continuity of 
nuclear fuel supply to such nations. Such submission shall include 
proposals for the transfer of low-enriched uranium up to an amount 
sufficient to produce 100,000 MWe years of power from light water 
nuclear reactors, and shall also include proposals for seeking contri-
butions from other supplier nations to such an interim stockpile 
pending the establishment of I N F A. 
(c) The President shall, in the report required by section 103, also 
address the desirability of and options for foreign participation, 
including investment, in new United States uranium enrichment facili-
ties. This report shall also address the arrangements that would be 
required to implement such participation and the commitments that 
would be required as a condition of such participation. This report 
shall be accompanied by any proposed legislation to implement these 
arrangements. 
(d) The fuel assurances contemplated by this section shall l>e for 
the benefit of nations that adhere to policies designed to prevent pro-
liferation. In negotiating the binding international undertakings called 
for in this section, the President shall, in particidar, seek to ensure 
that the benefits of such undertakings are available to non-nuclear-
weapon states only if such states accept I A E A safeguards on all their 
peaceful nuclear activities, do not manufacture or otherwise acquire 
any nuclear explosive device, do not establish any new enrichment or 
reprocessing facilities under their de facto or de jure control, and 
place any such existing facilities under effective international auspices 
and inspection. 
(e) The report required by section 601 shall include information 
on the progress made in any negotiations pursuant to this section. 
(f) (1) The President may not enter into any binding international 
undertaking negotiated pursuant to subsection (a) which is not a 
treaty until such time as such proposed undertaking has been sub-
mitted to the Congress and has been approved by concurrent resolution. 
(2) The proposals prepared pursuant to subsection (b) shall be 
submitted to the Congress as part of an annual authorization Act for 
the Department of Energy. 
Proposals, 
submittal to 
Congress. 
Proposed 
legislation. 
REEVALUATIOX OF NUCLEAR FUEL CYCLE 
SEC. 105. The President shall take immediate initiatives to invite 22 USC 3224. 
all nuclear supplier and recipient nations to reevaluate all aspects of 
the nuclear fuel cycle, with emphasis on alternatives to an economy 
based on the separation of pure plutonium or the presence of high 
enriched uranium, methods to deal with spent fuel storage, and 
methods to improve the safeguards for existing nuclear technology. 
The President shall, in the first report required by section 601, detail 
the progress of such international reevaluation. 
39-194 O-
-pt. 1 
12 : QL3 
92 STAT. 124 
PUBLIC LAW 95-242—MAR. 10, 1978 
TITLE 
II—UNITED 
STATES 
INITIATIVES 
TO 
STRENGTHEN 
THE INTERNATIONAL 
SAFEGUARDS 
SYSTEM 
POLICY 
22 use 3241. 
SEC. 201. The United States is committed to continued strong sup-
port for the principles of the Treaty on the Non-Proliferation of 
Nuclear Weapons, to a strengthened and more effective International 
Atomic Energy Agency and to a comprehensive safeguards system 
administered by the Agency to deter proliferation. Accordingly, the 
United States shall seek to act with other nations to— 
(a) continue to strengthen the safeguards program of the 
IAEA and, in order to implement this section, contribute funds, 
technical resources, and other support to assist the IAEA in effec-
tively implementing safeguards; 
(b) ensure that the IAEA has the resources to carry out the 
provisions of Article XII of the Statute of the IAEA; 
(c) improve the IAEA safeguards system (including account-
ability) to ensure— 
(1) the timely detection of a possible diversion of source or 
special nuclear materials which could be used for nuclear 
explosive devices; 
(2) the timely dissemination of information regarding such 
diversion; and 
(3) the timely implementation of internationally agreed 
procedures in the event of such diversion; 
(d) ensure that the IAEA receives on a timely basis the data 
needed for it to adminster an effective and comprehensive inter-
national safeguards program and that the IAEA provides timely 
notice to the world community of any evidence of a violation of 
any safeguards agreement to which it is a party; and 
(e) encourage the IAEA, to the maximum degree consistent with 
the Statute, to provide nations which supply nuclear materials 
and equipment with the data needed to assure such nations of 
adherence to bilateral commitments applicable to such supply. 
TRAINING 
PROGRAM 
22 use 3242. 
SEC. 202. The Department of Energy, in consultation with the Com-
mission, shall establish and operate a safeguards and physical security 
training program to be made available to persons from nations and 
groups of nations which have developed or acquired, or may be 
expected to develop or acquire, nuclear materials and equipment for 
use for peaceful purposes. Any such program shall include training in 
the most advanced safeguards and physical security techniques and 
technology, consistent with the national security interests of the United 
States. 
NEGOTIATIONS 
22 use 3243. 
SEC. 203. The United States shall seek to negotiate with other nations 
and groups of nations to— 
(1) adopt general principles and procedures, including common 
international sanctions, to be followed in the event that a nation 
violates any material obligation with respect to the peaceful use 
of nuclear materials and equipment or nuclear technology, or in 
PUBLIC LAW 95-242—MAR. 10, 1978 
92 STAT. 125 
the event that any nation violates the principles of the Treaty, 
including the detonation by a non-nuclear-weapon state of a 
nuclear explosive device; and 
(2) establish international procedures to be followed in the 
event of diversion, theft, or sabotage of nuclear materials or sabo-
tage of nuclear facilities, and for recovering nuclear materials that 
have been lost or stolen, or obtained or used by a nation or by any 
person or group in contravention of the principles of the Treaty. 
TITLE III—EXPOKT ORGANIZATION AND CRITERIA 
GOVERNMENT-TO-GOVERNMENT TRANSFERS 
SEC. 301. (a) Section 54 of the 1954 Act is amended by adding a new Post, p. 131. 
subsection d. thereof as follows: 
"
^
^ U
S
C 2074. 
"d. The authority to distribute special nuclear material under this 
section other than under an export license granted by the Nuclear 
Regulatory Commission shall extend only to the following small 
quantities of special nuclear material (in no event more than five 
hundred grams per year of the uranium isotope 233, the uranium iso-
tope 235, or plutonium contained in special nuclear material to any 
recipient) : 
" (1) which are contained in laboratory samples, medical devices, 
or monitoring or other instruments; or 
"(2) the distribution of which is needed to deal with an emer-
gency situation in which time is of the essence.". 
(b) Section 64 of the 1954 Act is amended by inserting the follow- 42 U
S
C 2094. 
ing immediately after the second sentence thereof: "The authority 
to distribute source material under this section other than under an 
export license granted by the Nuclear Regulatory Commission shall 
in no case extend to quantities of source material in excess of three 
metric tons per year per recipient.". 
(c) Chapter 10 of the 1954 Act is amended by adding a new section 
111 as follows: 
"SEC. 111. a. The Nuclear Regulatory Commission is authorized 42 U
S
C 2141. 
to license the distribution of special nuclear material, source mate-
rial, and byproduct material by the Department of Energy pursuant 
to section 54, 64, and 82 of this Act, respectively, in accordance with Supra. 
the same procedures established by law for the export licensing of 42 U
S
C 2112. 
such material by any person: Provided, That nothing in this section 
shall require the licensing of the distribution of byproduct material 
by the Department of Energy under section 82 of this Act. 
"b. The Department of Energy shall not distribute any special 
nuclear material or source material under section 54 or 64 of this 
Act other than under an export license issued by the Nuclear Regula- 
. , 
tory Commission until (1) the Department has obtained the concur-
rence of the Department of State and has consulted with the Arms 
Control and Disarmament Agency, the Nuclear Regulatory Commis-
sion, and the Department of Defense under mutually agreed proce-
dures which shall be established within not more than ninety days after 
the date of enactment of this provision and (2) the Department finds 
based on a reasonable judgment of the assurances provided and the 
information available to the United States Government, that the 
criteria in section 127 of this Act or their equivalent and any appli- Pos>., p. 136. 
92 STAT. 126 
PUBLIC LAW 95-242—MAR. 10, 1978 
Post, p. 137. 
Special nuclear 
material, 
production. 
Technology 
transfers. 
42 u s e 2077. 
Post, p. 142. 
Post, p. 127. 
Authorization 
requests, 
procedures. 
Standards and 
criteria. 
Trade secrets, 
protection. 
42 u s e 2014. 
Post, pp. 131, 
141. 
42 u s e 7172. 
42 u s e 2074, 
2094. 
Ante, p. 125. 
cable criteria in subsection 128 are met, and that the proposed distri-
bution would not be inimical to the common defense and security.". 
SEC. 302. Subsection 57 b. of the 1954 Act is amended to read as 
follows: 
"b. It shall be unlawful for any person to directly or indirectly 
engage in the production of any special nuclear material outside of 
the United States except (1) as specifically authorized under an agree-
ment for cooperation made pursuant to section 123, including a specific 
authorization in a subsequent arrangement under section 131 of this 
Act, or (2) upon authorization by the Secretary of Energy after a 
determination that such activity will not be inimical to the interest 
of the United States: Provided, That any such determination by the 
Secretary of Energy shall be made only with the concurrence of the 
Department of State and after consultation with the Arms Control 
and Disarmament Agency, the Nuclear Regulatory Commission, the 
Department of Commerce, and the Department of Defense. The Sec-
retary of Energy shall, within ninety days after the enactment of the 
Nuclear Non-Proliferation Act of 1978, establish orderly and ex-
peditious procedures, including provision for necessary administra-
tive actions and inter-agency memoranda of understanding, which are 
mutually agreeable to the Secretaries of State, Defense, and Com-
merce, the Director of the Arms Control and Disarmament Agency, 
and the Nuclear Regulatory Commission for the consideration of 
requests for authorization under this subsection. Such procedures shall 
include, at a minimum, explicit direction on the handling of such 
requests, express deadlines for the solicitation and collection of the 
views of the consulted agencies (with identified officials responsible 
for meeting such deadlines), an interagency coordinating authority 
to monitor the processing of such requests, predetermined procedures 
for the expeditious handling of intra-agency and inter-agency dis-
agreements and appeals to higher authorities, frequent meetings of 
inter-agency administrative coordinators to review the status of all 
pending requests, and similar administrative mechanisms. To the 
extent practicable, an applicant should be advised of all the informa-
tion required of the applicant for the entire process for every agency's 
needs at the beginning of the process. Potentially controversial requests 
should be identified as quickly as possible so that any required policy 
decisions or diplomatic consultations can be initiated in a timely man-
ner. An immediate effort should be undertaken to establish quickly any 
necessary standards and criteria, including the nature of any required 
assurances or evidentiary showings, for the decision required under 
this subsection. The processing of any request proposed and filed as 
of the date of enactment of the Nuclear Non-Proliferation Act of 
1978 shall not be delayed pending the development and establishment 
of procedures to implement the requirements of this subsection. Any 
trade secrets or proprietary information submitted by any person 
seeking an authorization under this subsection shall be afforded the 
maximum degree of protection allowable by law: Provided 
further, 
That the export of component parts as defined in subsection 11 v. (2) 
or 11 cc. (2) shall be governed by sections 109 and 126 of this Act: 
Provided further, That notwithstanding subsection 402(d) of the 
Department of Energy Organization Act (Public Law 95-91), the 
Secretary of Energy and not the Federal Energy Regulatory Commis-
sion, shall have sole jurisdiction within the Department of Energy 
over any matter arising from any function of the Secretary of Energy 
in this section, section 54 d., section 64, or section 111 b.". 
PUBLIC LAW 95-242—MAR. 10, 1978 
92 STAT. 127 
SUBSEQUENT ARRANGEMENTS 
SEC. 303. (a) Chapter 11 of the 1954 Act, as amended by sections 
304, 305, 306, 307, and 308, is further amended by adding at the end 
thereof the following: 
"SEC. 131. SUBSEQUENT ARRANGEMENTS.— 
"a. (1) Prior to entering into any proposed subsequent arrangement 
under an agreement for cooperation (other than an agreement for 
cooperation arranged pursuant to subsection 91 c, 144 b., or 144 c. of 
this Act), the Secretary of Energy shall obtain the concurrence of the 
Secretary of State and shall consult with the Director, the Commission, 
and the Secretary of Defense: Provided^ That the Secretary of State 
shall have the leading role in any negotiations of a policy nature per-
taining to any proposed subsequent arrangement regarding arrange-
ments for the storage or disposition of irradiated fuel elements or 
approvals for the transfer, for which prior approval is required under 
an agreement for cooperation, by a recipient of source or special 
nuclear material, production or utilization facilities, or nuclear tech-
nology. Notice of any proposed subsequent arrangement shall be pub-
lished in the Federal Register, together with the written determination 
of the Secretary of Energy that such arrangement will not be inimical 
to the common defense and security, and such proposed subsequent 
arrangement shall not take effect before fifteen days after publication. 
Whenever the Director declares that he intends to prepare a Nuclear 
Proliferation Assessment Statement pursuant to paragraph (2) of 
this subsection, notice of the proposed subsequent arrangement which 
is the subject of the Director's declaration shall not be published until 
after the receipt by the Secretary of Energy of such Statement or the 
expiration of the time authorized by subsection c. for the preparation 
of such Statement, whichever occurs first. 
"(2) If in the Director's view a proposed subsequent arrangement 
might significantly contribute to proliferation, he may prepare an 
unclassified Nuclear Proliferation Assessment Statement with regard 
to such proposed subsequent arrangement regarding the adequacy of 
the safeguards and other control mechanisms and the application of 
the peaceful use assurances of the relevant agreement to ensure that 
assistance to be furnished pursuant to the subsequent arrangement will 
not be used to further any military or nuclear explosive purpose. For 
the purposes of this section, the term 'subsequent arrangements' means 
arrangements entered into by any agency or department of the United 
States Government with respect to cooperation with any nation or 
group of nations (but not purely private or domestic arrangements) 
involving— 
"(A) contracts for the furnishing of nuclear materials and 
equipment; 
" ( B ) approvals for the transfer, for which prior approval is 
required under an agreement for cooperation, oy a recipient of 
any source or special nuclear material, production or utilization 
facility, or nuclear technology; 
"(C) authorization for the distribution of nuclear materials 
and equipment pursuant to this Act which is not subject to the 
procedures set forth in section 111 b., section 126, or section 
109 b. ; 
" ( D ) arrangements for physical security; 
" ( E ) arrangements for the storage or disposition of irradiated 
fuel elements; 
42 use 2160. 
Consultation. 
42 u s e 2121, 
2164. 
Notice, 
publication in 
Federal Register. 
Nuclear 
Proliferation 
Assessment 
Statement. 
"Subsequent 
arrangements. 
Contracts. 
Ante, p. 125. 
Post, pp. 131, 
141. 
92 STAT. 128 
PUBLIC LAW 95-242—MAR. 10, 1978 
" ( F ) arrangements for the application of safeguards with 
respect to nuclear materials and equipment; or 
"(G) any other arrangement which the President finds to be 
important from the standpoint of preventing proliferation. 
" (3) The United States will give timely consideration to all requests 
for prior approval, when required by this Act, for the reprocessing 
of material proposed to be exported, previously exported and subject 
to the applicable agreement for cooperation, or special nuclear material 
produced through the use of such material or a production or utiliza-
tion facility transferred pursuant to such agreement for cooperation, 
or to the altering of irradiated fuel elements containing such material, 
and additionally, to the maximum extent feasible, will attempt to 
expedite such consideration when the terms and conditions for such 
actions are set forth in such agreement for cooperation or in some 
other international agreement executed by the United States and sub-
ject to congressional review procedures comparable to those set forth 
Post, p. 142. 
in section 123 of this Act. 
"(4) All other statutory requirements under other sections of this 
Act for the approval or conduct of any arrangement subject to this 
subsection shall continue to apply and any other such requirements for 
prior approval or conditions for entering such arrangements shall also 
be satisfied before the arrangement takes effect pursuant to subsection 
a. (1). 
"b. With regard to any special nuclear material exported by the 
United States or produced through the use of any nuclear materials 
and equipment or sensitive nuclear technology exported by the United 
States— 
"(1) the Secretary of P^nergy may not enter into any sub-
sequent arrangement for the retransfer of any such material to 
a third country for reprocessing, for the reprocessing of any 
such material, or for the subsequent retransfer of any plutonium 
in quantities greater than 500 grams resulting from the reproc-
essing of any such material, until he has provided the Committee 
on International Relations of the House of Representatives and 
the Committee on Foreign Relations of the Senate with a report 
containing his reasons for entering into such arrangement and 
a period of 15 days of continuous session (as defined in subsec-
Post, p. 139. 
tion 130 ^. of this Act) has elapsed: Provided, 
however. 
That 
if in the view of the President an emergency exists due to unfore-
seen circumstances requiring immediate entry into a subsequent 
arrangement, such period shall consist of fifteen calendar days; 
"(2) the Secretary of Energy may not enter into any subse-
quent arrangement for the reprocessing of any such material in 
a facility which has not processed power reactor fuel assemblies 
or been the subject of a subsequent arrangement therefor prior 
to the date of enactment of the Nuclear Non-Proliferation Act 
of 1978 or for subsequent retransfer to a non-nuclear-weapon 
state of any plutonium in quantities greater than 500 grams 
resulting from such reprocessing, unless m his judgment, and that 
of the Secretary of State, such reprocessing or retransfer will 
not result in a significant increase of the risk of proliferation 
beyond that which exists at the time that approval is requested. 
Among all the factors in making this judgment, foremost con-
sideration will be given to whether or not the reprocessing or 
retransfer will take place under conditions that will ensure 
timely warning to the United States of any diversion well in 
advance of the time at which the non-nuclear-weapon state could 
Report to 
congressional 
committees. 
PUBLIC LAW 95-242—MAR. 10, 1978 
92 STAT. 129 
transform the diverted material into a nuclear explosive device; 
and 
"(3) the Secretary of Energy shall attempt to ensure, in 
entering into any subsequent arrangement for the reprocessing 
of any such material in any facility that has processed power 
reactor fuel assemblies or been the subject of a subsequent 
arrangement therefor prior to the date of enactment of the 
Nuclear Non-Proliferation Act of 1978, or for the subsequent 
retransfer to any non-nuclear-weapon state of any plutonium in 
quantities greater than 500 grams resulting from such reprocess-
ing, that such reprocessing or retransfer shall take place under 
conditions comparable to those which in his view, and that of 
the Secretary of State, satisfy the standards set forth in para-
graph (2). 
"c. The Secretary of Energy shall, within ninety days after the 
enactment of this section, establish orderly and expeditious proce-
dures, including provision for necessary administrative actions and 
inter-agency memoranda of understanding, which are mutually agree-
able to the Secretaries of State, Defense, and Commerce, the Director 
of the Arms Control and Disarmament Agency, and the Nuclear 
Regulatory Commission for the consideration of requests for subse-
quent arrangements under this section. Such procedures shall include, 
at a minimum, explicit direction on the handling of such requests, 
express deadlines for the solicitation and collection of the views of 
the consulted agencies (with identified officials responsible for meeting 
such deadlines), an inter-agency coordinating authority to monitor the 
processing of such requests, predetermined procedures for the expe-
ditious handling of intra-agency and inter-agency disagreements and 
appeals to higher authorities, frequent meetings of inter-agency admin-
istrative coordinators to review the status of all pending requests, and 
similar administrative mechanisms. To the extent practicable, an appli-
cant should be advised of all the information required of the applicant 
for the entire process for every agency's needs at the beginning of the 
process. Potentially controversial requests should be identified as 
quickly as possible so that any required policy decisions or diplomatic 
consultations can be initiated in a timely manner. An immediate effort 
should be undertaken to establish quickly any necessary standards and 
criteria, including the nature of any required assurance or evidentiary 
showings, for the decisions required under this section. Further, such 
procedures shall specify that if he intends to prepare a Nuclear Pro-
liferation Assessment Statement, the Director shall so declare in his 
response to the Department of Energy. If the Director declares that he 
intends to prepare such a Statement, he shall do so within sixty days 
of his receipt of a copy of the proposed subsequent arrangement (dur-
ing which time the Secretary of Energy may not enter into the sub-
sequent arrangement), unless pursuant to the Director's request, the 
President waives the sixty-day requirement and notifies the Committee 
on International Relations of the House of Representatives and the 
Committee on Foreign Relations of the Senate of such waiver and 
the justification therefor. The processing of any subsequent arrange-
ment proposed and filed as of the date of enactment of this section 
shall not be delayed pending the development and establishment of 
procedures to implement the requirements of this section. 
"d. Nothing in this section is intended to prohibit, permanently or 
unconditionally, the reprocessing of spent fuel owned by a foreign 
Nuclear 
materials, 
reprocessing or 
transfer 
procedures. 
Controversial 
requests, 
identification. 
Standards and 
criteria. 
Nuclear 
Proliferation 
Assessment 
Statement. 
Presidential 
waiver. 
Notice to 
congressional 
committees. 
92 STAT. 130 
PUBLIC LAW 95-242—MAR. 10, 1978 
42 u s e 7172. 
Presidential plan, 
submittal to 
Congress. 
Post, p. 139. 
Ante, p. 125. 
Post, p. 131. 
Notice to 
congressional 
committees. 
nation which fuel has been supplied by the United States, to preclude 
the United States from full participation in the International Nuclear 
Fuel Cycle Evaluation provided for in section 105 of the Nuclear 
Non-Proliferation Act of 1978; to in any way limit the presentation 
or consideration in that evaluation of any nuclear fuel cycle by the 
United States or any other participation; nor to prejudice open and 
objective consideration of the results of the evaluation. 
"e. Notwithstanding subsection 402(d) of the Department of Energy 
Organization Act (Public Law 95-91), the Secretary of Energy, and 
not the Federal Energy Regulatory Commission, shall have sole 
jurisdiction within the Department of Energy over any matter arising 
from any function of the Secretary of Energy in this section. 
"f. (1) With regard to any subsequent arrangement under subsec-
tion a. (2) (E) (for the storage or disposition of irradiated fuel ele-
ments), where such arrangement involves a direct or indirect 
commitment of the United States for the storage or other disposition, 
interim or permanent, of any foreign spent nuclear fuel in the United 
States, the Secretary of Energy may not enter into any such subsequent 
arrangement, unless: 
"(A) (i) Such commitment of the United States has been sub-
mitted to the Congress for a period of sixty days of continuous 
session (as defined in subsection 130 g. of this Act) and has been 
referred to the Committee on International Relations of the House 
of Representatives and the Committee on Foreign Relations of the 
Senate, but any such commitment 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 commit-
ment, any such commitment to be considered pursuant to the 
procedures set forth in section 130 of this Act for the consideration 
of Presidential submissions; or (ii) if the President has submitted 
a detailed generic plan for such disposition or storage in the 
United States to the Congress for a period of sixty days of con-
tinuous session (as defined in subsection 130 g. of this Act), which 
plan has been referred to the Committee on International Rela-
tions of the House of Representatives and the Committee on For-
eign Relations of the Senate and has not been disapproved during 
such sixty-day period by the adoption of a concurrent resolution 
stating in substance that Congress does not favor the plan; and 
the commitment is subject to the terms of an effective plan. Any 
such plan shall be considered pursuant to the procedures set forth 
in section 130 of this Act for the consideration of Presidential 
submissions; 
"(B) The Secretary of Energy has complied with subsection 
a.; and 
"(C) The Secretary of Energy has complied, or in the arrange-
ment will comply with all other statutory requirements of this 
Act, under sections 54 and 55 and any other applicable sections, 
and any other requirements of law. 
"(2) Subsection (1) shall not apply to the storage or other disposi-
tion in the United States of limited quantities of foreign spent nuclear 
fuel if the President determines that (A) a commitment under section 
54 or 55 of this Act of the United States for storage or other disposi-
tion of such limited quantities in the United States is required by an 
emergency situation, (B) it is in the national interest to take such 
immediate action, and (C) he notifies the Committees on International 
Relations and Science and Technology of the House of Representatives 
and the Committees on Foreign Relations and Energy and Natural 
PUBLIC LAW 95-242—MAR. 10, 1978 
92 STAT. 131 
Plan, contents. 
"Foreign spent 
nuclear fuel." 
Resources of the Senate of the determination and action, with a detailed 
explanation and justification thereof, as soon as possible, 
"(3) Any plan submitted by the President under subsection f. (1) 
shall include a detailed discussion, with detailed information, and any 
supporting documentation thereof, relating to policy objectives, tech-
nical description, geographic information, cost data and justifications, 
legal and regulatory considerations, environmental impact information 
and any related international agreements, arrangements or under-
standings. 
"(4) For the purposes of this subsection, the term 'foreign spent 
nuclear fuel' shall include any nuclear fuel irradiated in any nuclear 
power reactor located outside of the United States and operated by any 
foreign legal entity, government or nongovernment, regardless of the 
legal ownership or other control of the fuel or the reactor and regard-
less of the origin or licensing of the fuel or reactor, but not including 
fuel irradiated in a research reactor.". 
(b)(1) Section 54 of the 1954 Act is amended by adding new subsec- Ante, p. 125 
tion e. as follows, 
"e. The authority in this section to commit United States funds for 
any activities pursuant to any subsequent arrangement under section 
131 a. (2) (E) shall be subject to the requirements of section 131.". 
(2) Section 55 of the 1954 Act is amended by adding a proviso at the 
end of the section as follows, '"'• 
Providing, 
That the authority in this 
section to commit United States funds for any activities pursuant to 
any subsequent arrangement under section 131 a. (2) (P]) shall be sub-
ject to the requirements of section 131.". 
Ante, p. 127. 
42 u s e 2075. 
EXPORT LICENSING PROCEDURES 
SEC. 304. (a) Chapter 11 of the 1954 Act is amended by adding a new 
section 126 as follows: 
"SEC. 126. EXPORT LICENSING PROCEDURES.— 
"a. No license may be issued by the Nuclear Regulatory Commission 
(the 'Commission') for the export of any production or utilization 
facility, or any source material or special nuclear material, including 
distributions of any material by the Department of Energy under sec-
tion 54, 64, or 82, for which a license is required or requested, and no 
exemption from any requirement for such an export license may be 
granted by the Commission, as the case may be, until— 
"(1) the Commission has been notified by the Secretary of 
State that it is the judgment of the executive branch that the pro-
posed export or exemption will not be inimical to the common 
defense and security, or that any export in the category to which 
the i^roposed export belongs would not be inimical to the common 
defense and security because it lacks significance for nuclear ex-
plosiv'e purposes. The Secretary of State shall, within ninety days 
after the enactment of this section, establish orderly and expedi-
tious procedures, including provision for necessary administra-
tive actions and inter-agency memoranda of understanding, which 
are mutually agreeable to the Secretaries of Energy, Defense, and 
Commerce, the Director of the Arms Control and Disarmament 
Agency, and the Nuclear Regulatory Commission for the prepa-
ration of the executive branch judgment on export applications 
under this section. Such procedures shall include, at a minimum, 
explicit direction on the handling of such applications, express 
deadlines for the solicitation and collection of the views of the 
consulted agencies (with identified officials responsible for meet-
42 u s e 2155. 
Exemption. 
Ante, p. 125. 
Supra. 
42 use 2112. 
Executive brancli 
judgement, notice 
to Commission. 
Procedures. 
eontents. 
92 STAT. 132 
PUBLIC LAW 95-242—MAR. 10, 1978 
Standards and 
criteria. 
Notice to 
congressional 
committees. 
Post, p. 146, 
147. 
Post, p. 136. 
Data and 
recommendations. 
ing such deadlines), an inter-agency coordinating authority to 
monitor the processing of such applications, predetermined pro-
cedures for the expeditious handling of intra-agency and inter-
agency disagreements and appeals to higher authorities, frequent 
meetings of inter-agency administrative coordinators to review 
the status of all pending applications, and similar administrative 
mechanisms. To the extent practicable, an applicant should be 
advised of all the information required of the applicant for the 
entire process for every agency's needs at the beginning of the 
process. Potentially controversial applications should be identified 
as quickly as possible so that any required policy decisions or 
diplomatic consultations con be initiated in a timely manner. An 
immediate effort should be undertaken to establish quickly anj' 
necessary standards and criteria, including the nature of any 
required assurances or evidentiary showings, for the decisions 
required under this section. The processing of any export applica-
tion proposed and filed as of the date of enactment of this section 
shall not be delayed pending the development and establishment 
of procedures to implement the requirements of this section. The 
executive branch judgment shall be completed in not more than 
sixty days from receipt of the application or request, unless the 
Secretary of State in his discretion specifically authorizes addi-
tional time for consideration of the application or request because 
it is in the national interest to allow such additional time. The 
Secretary shall notify the Committee on Foreign Relations of 
the Senate and the Committee on International Relations of the 
House of Representatives of any such authorization. In submitting 
any such judgment, the Secretary of State shall specifically 
address the extent to which the export criteria then in effect are 
met and the extent to which the cooperating party has adhered to 
the provisions of the applicable agreement for cooperation. In 
the event he considers it warranted, the Secretary may also address 
the following additional factors, among others: 
"(A) whether issuing the license or granting the exemption 
will materially advance the non-proliferation policy of the 
United States by encouraging the recipient nation to adhere 
to the Treaty, or to participate in the undertakings con-
templated by section 403 or 404(a) of the Nuclear Non-
Proliferation Act of 1978; 
"(B) whether failure to issue the license or grant the ex-
emption would otherwise be seriously prejudicial to the non-
proliferation objectives of the United States; and 
"(C) whether the recipient nation or group of nations has 
agreed that conditions substantially identical to the export 
' criteria set forth in section 127 of this Act will be applied by 
another nuclear supplier nation or group of nations to the 
proposed United States export, and whether in the Secre-
tary's judgment those conditions will be implemented in a 
manner acceptable to the United States. 
The Secretary of State shall provide appropriate data and recom-
mendations, subject to requests for additional data and recom-
mendations, as required by the Commission or the Secretary of 
Energy, as the case may be; and 
"(2) the Commission finds, based on a reasonable judgment of 
the assurances provided and other information available to the 
Federal Government, including the Commission, that the criteria 
PUBLIC LAW 95-242—MAR. 10, 1978 
92 STAT. 133 
in section 127 of this Act or their equivalent, and any other appli-
cable statutory requirements, are met: Provided^ That continued 
cooperation under an agreement for cooperation as authorized in 
accordance witli section 124 of this Act shall not be prevented by 
failure to meet the provisions of paragraph (4) or {p) of section 
127 for a period of thirty days after enactment of this section, and 
for a period of twenty-three months thereafter if the Secretary of 
State notifies the Commission that the nation or group of nations 
bound by the relevant agreement has agreed to negotiations as 
called for in section 404(a) of the Nuclear Non-Proliferation Act 
of 1978; however, nothing in this subsection shall be deemed to 
relinquish any rights which the United States may have under 
agreements for cooperation in force on the date of enactment of 
this section,: Provided further, That if, upon the expiration of 
such twenty-four month period, the President determines that 
failure to continue cooperation with any group of nations which 
has been exempted pursuant to the above proviso from the provi-
sions of paragraph (4) or (5) of section 127 of this Act, but which 
has not yet agreed to comply with those provisions would be seri-
ously prejudicial to the achievement of United States non-pro-
liferation objectives or otherwise jeopardize the common defense 
and security, he may, after notifying the Congress of his determi-
nation, extend by Executive order the duration of the above 
proviso for a period of twelve months, and may further extend 
the duration of such proviso by one year increments annually 
thereafter if he again makes such determination and so notifies 
the Congress. In the event that the Committee on International 
Relations of the House of Representatives or the Committee on 
Foreign Relations of the Senate reports a joint resolution to take 
any action with respect to any such extension, such joint reso-
lution will be considered in the House or Senate, as the case may 
be, under procedures identical to those provided for the con-
sideration of resolutions pursuant to section 130 of this Act: 
And additionally provided, That the Commission is authorized 
to (A) make a single finding under this subsection for more 
than a single application or request, where the applications or 
requests involve exports to the same country, in the same gen-
eral time frame, of similar significance for nuclear explosive pur-
poses and under reasonably similar circumstances and (B) make 
a finding under this subsection that there is no material changed 
circumstance associated with a new application or request from 
those existing at the time of the last application or request for an 
export to the same country, where the prior application or request 
was approved by the Commission using all applicable procedures 
of this section, and such finding of no material changed circum-
stance shall be deemed to satisfy the requirement of this para-
graph for findings of the Commission. The decision not to make 
any such finding in lieu of the findings which would otherwise 
be required to be made under this paragraph shall not be subject 
to judicial review: And provided further, That nothing contained 
in this section is intended to require the Commission inde-
pendently to conduct or prohibit the Commission from, in-
dependently conducting country or site specific visitations in 
the Commission's consideration of the application of IAEA 
safeguards. 
Post, p. 136. 
42 u s e 2154. 
Post, p. 147. 
Extension, notice 
to Congress. 
Post, p. 139. 
Findings. 
Judicial review, 
exception. 
92 STAT. 134 
PUBLIC LAW 95-242—MAR. 10, 1978 
Presidential 
Report to 
Congress and 
congressional 
committees. 
Post, p. 139. 
Review. 
Concerns and 
requests, 
transmittal to 
executive branch. 
"b. (1) Timely consideration shall be given by the Commission to 
requests for export licenses and exemptions and such requests shall be 
granted upon a determination that all applicable statutory require-
ments have been met. 
"(2) If, after receiving the executive branch judgment that the 
issuance of a proposed export license will not be inimical to the common 
defense and security, the Commission does not issue the proposed 
license on a timely basis because it is unable to make the statutory 
determinations required under this Act, the Commission shall publicly 
issue its decision to that effect, and shall submit the license application 
to the President. The Commission's decision shall include an explana-
tion of the basis for the decision and any dissenting or separate views. 
If, after receiving the proposed license application and reviewing the 
Commission's decision, the President determines that withholding the 
proposed export would be seriously prejudicial to the achievement of 
United States non-proliferation objectives, or would otherwise jeop-
ardize the common defense and security, the proposed export may be 
authorized by Executive order: Provided^ That prior to any such 
export, the President shall submit the Executive order, together with 
his explanation of why, in light of the Commission's decision, the 
export should nonetheless be made, to the Congress for a period of 
sixty days of continuous session (as defined in subsection 130 g.) and 
shall be referred to the Committee on International Relations of the 
House of Kepresentatives and the Committee on Foreign Relations of 
the Senate, but any such proposed export shall not occur if during such 
sixty-day period the Congress adopts a concurrent resolution stating in 
substance that it does not favor the proposed export. Any such Execu-
tive order shall be considered pursuant to the procedures set forth in 
Section 130 of this Act for the consideration of Presidential submis-
sions : And provided further^ That the procedures established pursuant 
to subsection (b) of section 304 of the Nuclear Non-Proliferation Act 
of 1978 shall provide that the Commission shall immediately initiate 
review of any application for a license under this section and to the 
maximum extent feasible shall expeditiously process the application 
concurrently with the executive branch review, while awaiting the final 
executive branch judgment. In initiating its review, the Commission 
may identify a set of concerns and requests for information associated 
with the projected issuance of such license and shall transmit such con-
cerns and requests to the executive branch which shall address such 
concerns and requests in its written communications with the Commis-
sion. Such procedures shall also provide that if the Commission has not 
completed action on the application within sixty days after the receipt 
of an executive branch judgment that the proposed export or exemp-
tion is not inimical to the common defense and security or that any 
export in the category to which the proposed export belongs would not 
be inimical to the common defense and security because it lacks signif-
icance for nuclear explosive purposes, the Commission shall inform the 
applicant in writing of the reason for delay and provide follow-up 
reports as appropriate. If the Commission has not completed action by 
the end of an additional sixty days (a total of one hundred and twenty 
days from receipt of the executive branch judgment), the President 
may authorize the proposed export by Executive order, upon a finding 
that further delay would be excessive and upon making the findings 
required for such Presidential authorizations under this subsection, 
and subject to the Congressional review procedures set forth herein. 
However, if the Commission has commenced procedures for public 
PUBLIC LAW 95-242—MAR. 10, 1978 
92 STAT. 135 
participation regarding the proposed export under regulations promul-
gated pursuant to subsection (b) of section 304 of the Nuclear Non-
Proliferation Act of 1978, or—within sixty days after receipt of the 
executive branch judgment on the proposed export—the Commission 
has identified and transmitted to the executive branch a set of addi-
tional concerns or requests for information, the President may not 
authorize the proposed export until sixty days after public proceedings 
are completed or sixty days after a full executive branch response to 
the Commission's additional concerns or requests has been made con-
sistent with subsection a. (1) of this section: Provided further, That 
nothing in this section shall affect the right of the Commission to 
obtain data and recommendations from the Secretary of State at any 
time as provided in subsection a. (1) of this section. 
"c. In the event that the House of Kepresentatives or the Senate 
passes a joint resolution which would adopt one or more additional 
export criteria, or would modify any existing export criteria under this 
Act, any such joint resolution shall be referred in the other House 
to the Committee on Foreign Kelations of the Senate or the Committee 
on International Relations of the House of Representatives, as the case 
may be, and shall be considered by the other House under applicable 
procedures provided for the consideration of resolutions pursuant to 
section 130 of this Act". 
(b) Within one hundred and twenty days of the date of enactment 
of this Act, the Commission shall, after consultations with the Secre-
tary of State, promulgate regulations establishing procedures (1) for 
the granting, suspending, revoking, or amending of any nuclear export 
license or exemption pursuant to its statutory authority; (2) for public 
participation in nuclear export licensing proceedings when the Com-
mission finds that such participation Avill be in the public interest and 
will assist the Commission in making the statutory determinations 
required by the 1954 Act, including such public hearings and access 
to information as the Commission deems appropriate: Provided, That 
judicial review as to any such finding shall be limited to the determina-
tion of whether such finding was arbitrary and capricious; (3) for a 
public written Commission opinion accompanied by the dissenting or 
separate views of any Commissioner, in those proceedings where one 
or more Commissioners have dissenting or separate views on the issu-
ance of an export license; and (4) for public notice of Commission 
proceedings and decisions, and for recording of minutes and votes of 
the Commission: Provided further, That until the regulations required 
by this subsection have been promulgated, the Commission shall imple-
ment the provisions of this Act under temporary procedures estab-
lished by the Commission. 
(c) The procedures to be established pursuant to subsection (b) 
shall constitute the exclusive basis for hearings in nuclear export 
licensing proceedings before the Commission and, notwithstanding 
section 189 a. of the 1954 Act, shall not require the Commission to 
grant any person an on-the-record hearing in such a proceeding. 
(d) Within sixty days of the date of enactment of this Act, the 
Commission shall, in consultation with the Secretary of State, the 
Secretary of Energy, the Secretary of Defense, and the Director, 
promulgate (and may from time to time amend) regulations estab-
lishing the levels of physical security which in its judgment are no less 
strict than those established by any international guidelines to which 
the United States subscribes and which in its judgment will provide 
adequate protection for facilities and material referred to in para-
graph (3) of section 127 of the 1954 Act taking into consideration 
variations in risks to security as appropriate. 
Referral to 
congressional 
committees. 
Post, p. 139. 
Regulations. 
42 u s e 2155a. 
Hearings. 
42 u s e 2155a. 
42 u s e 2239. 
Regulations. 
42 u s e 2156a. 
Post, p. 136. 
92 STAT. 136 
PUBLIC LAW 95-242—MAR. 10, 1978 
CRITERIA GOVERNING UNITED STATES NUCLEAR EXPORTS 
SEC. 305. Chapter 11 of the 1954 Act, as amended by section 304, is 
furtlier amended by adding at the end thereof the following: 
42 use 2156. 
"SEC. 127. CRITERIA GOVERNING UNITED STATES NUCLEAR EXPORTS.— 
"The United States adopts the following criteria which, in addition 
to other requirements of law, will govern exports for peaceful nuclear 
uses from the United States of source material, special nuclear material, 
production or utilization facilities, and any sensitive nuclear 
technology: 
"(1) IAEA safeguards as required by Article 111(2) of the 
Treaty will be applied with respect to any such material or facili-
ties proposed to be exported, to any such material or facilities 
; 
previously exported and subject to the applicable agreement for 
cooperation, and to any special nuclear material used in or pro-
- 
. 
duced through the use thereof. 
"(2) No such material, facilities, or sensitive nuclear tech-
nology proposed to be exported or previously exported and subject 
to the applicable agreement for cooperation, and no special 
nuclear material produced through the use of such materials, 
facilities, or sensitive nuclear technology, will be used for any 
nuclear explosive device or for research on or development of 
.^,, 
• . any nuclear explosive device. 
"(3) Adequate physical security measures will be maintained 
with respect to such material or facilities proposed to be exported 
.. and to any special nuclear material used in or produced through 
the use thereof. Following the effective date of any regulations 
: ; promulgated by the Commission pursuant to section 304(d) of 
Ante, p. 131. 
the Nuclear Non-Proliferation Act of 1978, physical security 
. measures shall be deemed adequate if such measures provide a 
. .; level of protection equivalent to that required by the applicable 
i(, r regulations. 
"(4) No such materials, facilities, or sensitive nuclear tech-
; . nology proposed to be exported, and no special nuclear material 
produced through the use of such material, will be retransferred 
: 
to the jurisdiction of any other nation or group of nations unless 
the prior approval of the United States is obtained for such 
</ ; retransfer! In addition to other requirements of law, the United 
! 
States may approve such retransfer only if the nation or group 
I ; of nations designated to receive such retransf 
er agrees that it 
shall be subject to the conditions required by this section. 
"(5) No such material proposed to be exported and no special 
nuclear material produced through the use of such material will 
• " • > 
be reprocessed, and no irradiated fuel elements containing such 
material removed from a reactor shall be altered in form or 
content, unless the prior approval of the United States is obtained 
' 
for such reprocessing or alteration. 
"(6) No such sensitive nuclear technology shall be exported 
' 
/ ' 
.. 
unless the foregoing conditions shall be applied to any nuclear 
• 
' '•'; 
material or equipment which is produced or constructed under the 
jurisdiction of the recipient nation or group of nations by or 
through the use of any such exported sensitive nuclear 
technology,". 
PUBLIC LAW 95-242—MAR. 10, 1978 
92 STAT. 137 
ADDITIONAL EXPORT CRITERION AND PROCEDURES 
SEC. 306. Chapter 11 of the 1954 Act, as amended by sections 304 and 
305, is further amended by adding at the end thereof the following: 
"SEC. 128. ADDITIONAL EXPORT CRITERION AND PROCEDURES.— 
"a. (1) As a condition of continued United States export of source 
material, special nuclear material, production or utilization facilities, 
and any sensitive nuclear technology to non-nuclear-weapon states, 
no such export shall be made unless I A E A safeguards are maintained 
with respect to all peaceful nuclear activities in, under the jurisdiction 
of, or carried out under the control of such state at the time of the 
export. 
"(2) The President shall seek to achieve adherence to the foregoing 
criterion by recipient non-nuclear-weapon states. 
"b. The criterion set forth in subsection a. shall be applied as an 
export criterion with respect to any application for the export of 
materials, facilities, or technology specified in subsection a. which 
is filed after eighteen months from the date of enactment of this 
section, or for any such application under which the first export would 
occur at least twenty-four months after the date of enactment of this 
section, except as provided in the following paragraphs: 
"(1) If the Commission or the Department of Energy, as the 
case may be, is notified that the President has determined that 
failure to approve an export to which this subsection applies 
because such criterion has not yet been met would be seriously 
prejudicial to the achievement of United States non-proliferation 
objectives or otherwise jeopardize the common defense and secu-
rity, the license or authorization may be issued subject to other 
applicable requirements of law: Provided^ That no such export of 
any production or utilization facility or of any source or special 
nuclear material (intended for use as fuel in any production or 
utilization facility) which has been licensed or authorized pur-
suant to this subsection shall be made to any non-nuclear-weapon 
state which has failed to meet such criterion until the first such 
license or authorization with respect to such state is submitted to 
the Congress (together with a detailed assessment of the reasons 
underlying the President's determination, the judgment of the 
executive branch required under section 126 of this Act, and any 
Commission opinion and views) for a period of sixty days of 
continuous session (as defined in subsection 130 g. of this Act) and 
referred to the Committee on International Relations of the House 
of Representatives and the Committee on Foreign Relations of 
i 
the Senate, but such export shall not occur if during such sixty-
day period the Congress adopts a concurrent resolution stating in 
substance that the Congress does not favor the proposed export. 
1 
Any such license or authorization shall be considered pursuant 
to the procedures set forth in section 130 of this Act for the con-
i 
sideration of Presidential submissions. 
"(2) If the Congress adopts a resolution of disapproval pursu-
ant to paragraph (1), no further export of materials, facilities, 
or technology specified in subsection a. shall be permitted for the 
remainder of that Congress, unless such state meets the criterion 
or the President notifies the Congress that he has determined that 
significant progress has been made in achieving adherence to such 
,i 
criterion by such state or that United States foreign policy inter-
ests dictate reconsideration and the Congress, pursuant to the 
procedure of paragraph (1), does not adopt a concurrent resolu-
42 use 2157. 
Export 
applications, 
criterion 
enforcement. 
Report to 
congressional 
committees. 
Ante, p. 131. 
Post, p. 139. 
Congressional 
disapproval, 
resolution. 
92 STAT. 138 
PUBLIC LAW 95-242—MAR. 10, 1978 
Export 
authorizations, 
congressional 
review. 
tion stating in substance that it disagrees with the President's 
determination. 
"(3) If the Cyongress does not adopt a resolution of disapproval 
with respect to a license or authorization submitted pursuant to 
paragraph (1), the criterion set forth in subsection a. shall not 
be applied as an export criterion with respect to exports of 
materials, facilities and technology specified in subsection a. to 
that state: Provided^ That the fii-st license or authorization with 
respect to that state which is issued pursuant to this paragraph 
after twelve months from the elapse of the sixty-day period spec-
ified in paragraph (1), and the first such license or authorization 
which is issued after each twelve-month period thereafter, shall 
be submitted to the Congress for review pursuant to the proce-
dures specified in paragraph (1) : Provided 
further, 
That if the 
Congress adopts a resolution of disapproval during any review 
period provided for by this paragraph, the provisions of para-
graph (2) shall apply with respect to further exports to such 
state.". 
Export 
terminations, 
criterion. 
42 u s e 2158. 
Post, p. 145. 
coNDUcrr RESULTING IN TKRMI NATION OF NUCLEAR EXPORTS 
SEC. 307. Chapter 11 of the 1954 Act, as amended by sections 304, 
305, and 306, is further amended by adding at the end thereof: 
"SEC. 
129. 
CONDUCT RESULTING IN 
TERMINATION or 
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 Presi-
dent to have, at any time after the effective date of this section, 
" (A) detonated a nuclear explosive device; or 
" ( B ) terminated or abrogated I A E A safeguards; or 
"(C) materially violated an I A E A safeguards agreement; 
or 
" ( D ) engaged in activities involving source or special 
nuclear material and having direct significance for the manu-
facture or acquisition of nuclear explosive devices, and has 
failed to take steps which, in the President's judgment, rep-
resent sufficient progress toward terminating such activities; 
or 
"(2) any nation or group of nations that is found by the Presi-
dent to have, at any time after the effective date of this section, 
" ( A ) materially violated an agreement for cooperation 
with the United States, or, with respect to material or equip-
ment not supplied under an agreement for cooperation, mate-
rially violated the terms under which such materia] or 
equipment was supplied or the terms of any commitments 
obtained with respect thereto pursuant to section 402(a) of 
the Nuclear Non-Proliferation Act of 1978; 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 judg-
ment, represent sufficient progress toward terminating such 
assistance, encouragement, or inducement; or 
PUBLIC LAW 95-242—MAR. 10, 1978 
92 STAT. 139 
"(C) entered into an agreement after the date of enactment 
of this section for the transfer of reprocessing equipment, 
materials, or technology to the sovereign control of a non-
nuclear-weapon state except in connection with an interna-
tional fuel cycle evaluation in which the United States is 
a participant or pursuant to a subsequent international agree-
ment 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-pro-
liferation objectives or otherwise jeopardize the common defense and 
security: Provided^ That prior to the effective date of any such deter-
mination, the President's determination, together with a report con-
taining the reasons for his determination, shall be submitted to the 
Congress and referred to the Committee on International Kelations 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 subsection 130 g. of this Act), 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 130 of this Act for the 
consideration of Presidential submissions.". 
Report to 
Congress. 
Infra. 
CONGRESSIONAL REVIEW PROCEDURES 
SEC. 308. Chapter 11 of the 1954 Act, as amended by sections 304, 
305, 306, and 307, is further amended by adding at the end thereof 
the following: 
"SEC. 130. CONGRESSIONAL REVIEW PROCEDURES.— 
"a. Not later than forty-five days of continuous session of Congress 
after the date of transmittal to the Congress of any submission of the 
President required by subsection 123 d., 126 a. (2), 126 b. (2), 128 b., 
129,131 a. (3), or 131 f. (1) (A) of this Act, the Committee on Foreign 
Relations of the Senate and the Committee on International Relations 
of the House of Representatives, and in addition, in the case of a pro-
posed agreement for cooperation arranged pursuant to subsection 91 c, 
144 b., or 144 c, the Committee on Armed Services of the House of 
Representatives and the Committee on Armed Services of the Senate, 
shall each submit a report to its respective House on its views and 
recommendations respecting such Presidential submission together 
with a resolution, as defined in subsection f., stating in substance that 
the Congress approves or disapproves such submission, as the case may 
be: Provided^ That if any such committee has not reported such a 
resolution at the end of such forty-five day period, such committee 
shall be deemed to be discharged from further consideration of such 
submission and if, in the case of a proposed agreement for cooperation 
arranged pursuant to subsection 91 c, 144 b., or 144 c. of this Act, the 
other relevant committee of that House has reported such a resolution, 
such committee shall be deemed discharged from further consideration 
of that resolution. If no such resolution has been reported at the end 
of such period, the first resolution, as defined in subsection f., which is 
introduced within five days thereafter within such House shall be 
placed on the appropriate calendar of such House. 
"b. When the relevant committee or committees have reported such 
a resolution (or have been discharged from further consideration of 
such a resolution pursuant to subsection a.) or when a resolution has 
42 use 2159. 
Congressional 
committee 
reports. 
Post, p. 142. 
Ante, pp. 131, 
137, 138, 127. 
42 u s e 2121, 
2164. 
39-194 O—80—pt. 1 
13 : QL3 
92 STAT. 140 
PUBLIC LAW 95-242—MAR. 10, 1978 
'Resolution.' 
Continuous 
sessions of 
Congress, 
computation. 
been introduced and placed on the appropriate calendar pursuant to 
subsection a., as the case may be, it is at any time thereafter in order 
(even though a previous motion to the same effect has been disagreed 
to) for any Member of the respective House to move to proceed to the 
consideration of the resolution. The motion is highly privileged and is 
not debatable. The motion shall not be subject to amendment, or to a 
motion to postpone, or to a motion to proceed to the consideration of 
other business. A motion to reconsider the vote by which the motion is 
agreed to or disagreed to shall not be in order. If a motion to proceed to 
the consideration of the resolution is agreed to, the resolution shall 
remain the unfinished business of the respective House until disposed 
of. 
"c. Debate on the resolution, and on all debatable motions and 
appeals in connection therewith, shall be limited to not more than ten 
hours, which shall be divided equally betw^een individuals favoring 
and individuals opposing the resolution. A motion further to limit 
debate is in order and not debatable. An amendment to a motion to 
postpone, or a motion to reconnnit the resolution, or a motion to pro-
ceed to the consideration of other business is not in order. A motion to 
reconsider the vote by which the resolution is agreed to or disagreed 
to shall not be in order. No amendment to any concurrent resolution 
pursuant to the ])rocedures of this section is in order except as provided 
in subsection d. 
"d. Immediately following (1) the conclusion of the debate on such 
concurrent resolution, (2) a single quorum call at the conclusion of 
debate if requested in accordance with the rules of the appropriate 
House, and (3) the consideration of an amendment introduced by the 
Majority Leader or his designee to insert the phrase, 'does not' in lieu 
of the word 'does' if the resolution under consideration is a concurrent 
resolution of approval, the vote on final approval of the resolution shall 
occur. 
"e. Appeals from the decisions of the Chair relating to the applica-
tion of the rules of the Senate or the House of Representatives, as the 
case may be, to the procedure relating to such a resolution shall be 
decided without debate. 
"f. For the purposes of subsections a. through e. of this section, the 
term 'resolution' means a concurrent resolution of the Congress, the 
matter after the resolving clause of which is as follows: 'That the 
Congress (does or does not) favor the 
. •; , 
transmitted to 
the Congress by the President on 
, 
.', the blank 
spaces therein to be appropriately filled, and the affirmative or negative 
phrase within the parenthetical to be appropriately selected. 
"g. For the purposes of this section— 
"(1) continuity of session is broken only by an adjournment 
of Congress sine die; and 
,., 
" (2) the days on which either House is not in session because of 
an adjournment of more than three days to a day certain are 
excluded in the computation of any period of time in which Con-
gress is in continuous session. 
"h. This section is enacted by Congress— 
"(1) as an exercise of the rulemaking power of the Senate and 
~
^
j the House of Representatives, respectively, and as such they are 
deemed a part of the rules of each House, respectively, but appli-
,
f
,
^ cable only with respect to the procedure to be followed in that 
•*J. House in the case of resolutions described by subsection f. of this 
* ' section; and they supersede other rules only to the extent that they 
are inconsistent therewith; and 
PUBLIC LAW 95-242—MAR. 10, 1978 
92 STAT. 141 
"(2) with full recognition of the constitutional right of either 
House to change the rules (so far as relating to the procedure 
of that House) at any time, in the same manner and to the same 
extent as in the case of any other rule of that House.". 
COMPONENT AND OTHER PARTS OP FACILITIES 
SEC. 309. (a) Section 109 of the 1954 Act is amended to read as 
follows: 
"SEC. 109. COMPONENT AND OTHER PARTS OF FACILITIES.— 
"a. With respect to those utilization and production facilities which 
are so determined by the Commission pursuant to subsection 11 v. (2) 
or 11 cc. (2) the Commission may issue general licenses for domestic 
activities required to be licensed under section 101, if the Commission 
determines in writing that such general licensing will not constitute 
an unreasonable risk to the common defense and security. 
"b. After consulting with the Secretaries of State, Energy, and 
Commerce and the Director, the Commission is authorized and directed 
to determine which component parts as defined in subsection 11 v. (2) 
or 11 cc. (2) and which other items or substances are especially rele-
vant from the standpoint of export control because of their significance 
for nuclear explosive purposes. Except as provided in section 126 b. 
(2), no such component, substance, or item which is so determined by 
the Commission shall be exported unless the Commission issues a 
general or specific license for its export after finding, based on a 
reasonable judgment of the assurances provided and other informa-
tion available to the Federal Government, including the Commission, 
that the following criteria or their equivalent are met: (1) IAEA 
safeguards as required by Article III (2) of the Treaty will be applied 
with respect to such component, sulsstance, or item; (2) no such 
component, substance, or item will be used for any nuclear explosive 
device or for research on or development of any nuclear explosive 
device; and (3) no such component, substance, or item will be retrans-
ferred to the jurisdiction of any other nation or group of nations 
unless the prior consent of the United States is obtained for such 
retransfer; and after determining in writing that the issuance of 
each such general or specific license or category of licenses will not be 
inimical to the common defense and security: Provided^ That a specific 
license shall not be required for an export pursuant to this section if 
the component, item or substance is covered by a facility license issued 
pursuant to section 126 of this Act. 
"c. The Commission shall not issue an export license under the 
authority of subsection b. if it is advised by the executive branch, in 
accordance with the procedures established under subsection 126 a., 
that the export would be inimical to the common defense and security 
of the United States.". 
(b) The Commission, not later than one hundred and twenty days 
after the date of the enactment of this Act, shall publish regulations to 
implement the provisions of subsections b. and c. of section 109 of the 
1954 Act. Among other things, these regulations shall provide for the 
prior consultation by the Commission with the Department of State, 
the Department of iEnergy, the Department of Defense, the Depart-
ment of Commerce, and the Arms Control and Disarmament Agency. 
(c) The President, within not more than one hundred and twenty 
days after the date of enactment of this Act, shall publish procedures 
regarding the control by the Department of Commerce over all 
export items, other than those licensed by the Commission, which could 
42 use 2139. 
Domestic 
activities 
licenses, issuance 
authorization. 
42 use 2139. 
Export licenses. 
Ante, p. 131. 
Regulations. 
42 u s e 2139a. 
Supra. 
Export control 
procedures. 
Presidential 
publications. 
42 u s e 2139a. 
92 STAT. 142 
PUBLIC LAW 95-242—MAR. 10, 1978 
Savings 
provision. 
42 use 2139 
note. 
Ante, p. 141. 
be, if used for purposes other than those for which the export is 
intended, of significance for nuclear explosive purposes. Among other 
things, these procedures shall provide for prior consultations, as 
required, by the Department of Commerce with the Department of 
State, the Arms Control and Disarmament Agency, the Commission, 
the Department of Energy, and the Department of Defense. 
(d) The amendments to section 109 of the 1954 Act made by this 
section shall not affect the approval of exports contracted for prior to 
November 1,1977, which are made within one year of the date of enact-
ment of such amendments. 
T I T L E I V — N E G O T I A T I O N O F F U R T H E R E X P O R T 
CONTROLS 
42 use 2153. 
42 use 2073, 
2074, 2077, 
2094, 2112, 
2121, 2133, 
2134, 2164. 
Cooperative 
agreements, 
submittal to 
President. 
Contents. 
COOPERATION WITH OTHER NATIONS 
SEC. 401. Section 123 of the 1954 Act is amended to read as follows: 
"SEC. 123. COOPERATION W I T H OTHER NATIONS.— 
"No cooperation with any nation, group of nations or regional de-
fense organization pursuant to section 53, 54 a., 57, 64, 82, 91,103,104, 
or 144 shall be undertaken until— 
"a. the proposed agreement for cooperation has been submitted 
to the President, which proposed agreement shall include the 
terms, conditions, duration, nature, and scope of the cooperation; 
and shall include the following requirements: 
"(1) a guaranty by the cooperating party that safeguards 
as set forth in the agreement for cooperation will be main-
tained with respect to all nuclear materials and equipment 
transferred pursuant thereto, and with respect to all special 
nuclear material used in or produced through the use of such 
nuclear materials and equipment, so long as the material or 
equipment remains under the jurisdiction or control of the 
cooperating party, irrespective of the duration of other provi-
sions in the agreement or whether the agreement is termi-
nated or suspended for any reason; 
"(2) in the case of non-nuclear-weapon states, a require-
ment, as a condition of continued United States nuclear 
supply under the agreement for cooperation, that I A E A safe-
guards be maintained with respect to all nuclear materials 
in all peaceful nuclear activities within the territory of such 
state, under its jurisdiction, or carried out under its control 
anywhere; 
" (3) except in the case of those agreements for cooperation 
arranged pursuant to subsection 91 c, a guaranty by the 
cooperating party that no nuclear materials and equipment 
or sensitive nuclear technology to be transferred pursuant to 
such agreement, and no special nuclear material produced 
through the use of any nuclear materials and equipment or 
sensitive nuclear technology transferred pursuant to such 
agreement, will be used for any nuclear explosive device, or 
for research on or development of any nuclear explosive 
device, or for any other military purpose; 
"(4) except in the case of those agreements for cooperation 
arranged pursuant to subsection 91 c. and agreements for 
cooperation with nuclear-weapon states, a stipulation that 
the United States shall have the right to require the return 
PUBLIC LAW 95-242—MAR. 10, 1978 
92 STAT. 143 
of any nuclear materials and equipment transferred pursuant 
thereto and any special nuclear material produced through 
the use thereof if the cooperating party detonates a nuclear 
explosive device or terminates or abrogates an agreement 
providing for IAEA safeguards; 
" (5) a guaranty by the cooperating party that any material 
or any Eestricted Data transferred pursuant to the agree-
ment for cooperation and, except in the case of agreements 
arranged pursuant to subsection 91 c, 144 b. or 144 c, any 42 USC 2121, 
production or utilization facility transferred pursuant to the 2164. 
agreement for cooperation or any special nuclear material 
produced through the use of any such facility or through 
the use of any material transferred pursuant to the agree-
ment, will not be transferred to unauthorized persons or 
beyond the jurisdiction or control of the cooperating party 
without the consent of the United States ; 
"(6) a guaranty by the cooperating party that adequate 
physical security will be maintained with respect to any 
nuclear material transferred pursuant to such agreement and 
with respect to any special nuclear material used in or pro-
duced through the use of any material, production facility, or 
utilization facility transferred pursuant to such agreement; 
"(7) except in the case of agreements for cooperation 
arranged pursuant to subsection 91 c, 144 b., or 144 c, a guar-
anty by the cooperating party that no material transferred 
pursuant to the agreement for cooperation and no material 
used in or produced through the use of any material, produc-
tion facility, or utilization facility transferred pursuant to 
the agreement for cooperation will be reprocessed, enriched or 
(in the case of plutonium, uranium 233, or uranium enriched 
to greater than twenty percent in the isotope 235, or other 
nuclear materials which have been irradiated) otherwise 
altered in form or content without the prior approval of the 
United States; 
"(8) except in the case of agreements for cooperation 
arranged pursuant to subsection 91 c, 144 b., or 144 c, a guar-
anty by the cooperating party that no plutonium, no uranium 
233, and no uranium enriched to greater than twenty percent 
in the isotope 235, transferred pursuant to the agreement for 
cooperation, or recovered from any source or special nuclear 
material so transferred or from any source or special nuclear 
material used in any production facility or utilization facility 
transferred pursuant to the agreement for cooperation, will 
be stored in any facility that has not been approved in advance 
by the United States; and 
"(9) except in the case of agreements for cooperation 
arranged pursuant to subsection 91 c, 144 b. or 144 c, a 
guaranty by the cooperating party that any special nuclear 
material, production facility, or utilization facility produced 
or constructed under the jurisdiction of the cooperating party 
by or through the use of any sensitive nuclear technology 
transferred pursuant to such agreement for cooperation will 
be subject to all the requirements specified in this subsection. 
The President may exempt a proposed agreement for cooperation Agreement 
(except an agreement arranged pursuant to subsection 91 c, 144 requirements, 
b., or 144 c.) from any of the requirements of the foregoing sen- Presidential 
exemptions. 
92 STAT. 144 
PUBLIC LAW 95-242—MAR. 10, 1978 
Proposed 
cooperation 
agreements, 
submittal to 
President. 
Nuclear 
Proliferation 
Assessment 
Statement, 
submittal to 
President. 
42 u s e 2121, 
2164. 
Submittal to 
congressional 
committees. 
Ante, p. 139. 
42 u s e 2073, 
2074, 2133, 
2134. 
tence if he determines that inclusion of any such requirement 
would be seriously prejudicial to the achievement of United 
States non-proliferation objectives or otherwise jeopardize the 
common defense and security. Except in the case of those agree-
ments for cooperation arranged pursuant to subsection 91 c, 
144 b.j or 144 c, any proposed agreement for cooperation shall 
be negotiated by the Secretary of State, with the technical assist-
ance and concurrence of the Secretary of Energy and in con-
sultation with the Director of the Arms Control and Disarma-
ment Agency ('the Director'); and after consultation with the 
Commission shall be submitted to the President jointly by the 
Secretary of State and the Secretary of Energy accompanied by 
the views and recommendations of the Secretary of State, the 
Secretary of Energy, the Nuclear Eegulatory Commission, and 
the Director, who shall also provide to the President an unclassi-
fied Nuclear Proliferation Assessment Statement regarding the 
adequacy of the safeguards and other control mechanisms and 
the peaceful use assurances contained in the agreement for cooper-
ation to ensure that any assistance furnished thereunder will not 
be used to further any military or nuclear explosive purpose. In 
the case of those agreements for cooperation arranged pursuant 
to subsection 91 c, 144 b., or 144 c, any proposed agreement for 
cooperation shall be submitted to the President by the Secretary 
of Energy or, in the case of those agreements for cooperation ar-
ranged pursuant to subsection 91 c. or 144 b. which are to 
be implemented by the Department of Defense, by the Secretary 
of Defense; 
"b. the President has approved and authorized the execution of 
the proposed agreement for cooperation and has made a determi-
nation in writing that the performance of the proposed agreement 
will promote, and will not constitute an unreasonable risk to, the 
common defense and security; 
"c. the proposed agreement for cooperation (if not an agree-
ment subject to subsection d.), together with the approval and 
determination of the President, has been submitted to the Com-
mittee on International Relations of the House of Representatives 
and the Committee on Foreign Relations of the Senate for a 
period of thirty days of continuous session (as defined in sub-
section 130 g.) : Provided, however, That these committees, after 
having received such agreement for cooperation, may by resolu-
tion in writing waive the conditions of all or any portion of such 
thirty-day period; and 
"d. the proposed agreement for cooperation (if arranged pur-
suant to subsection 91c., 144 b., or 144 c, or if entailing implemen-
tation of section 53, 54 a., 103, or 104 in relation to a reactor that 
may be capable of producing more than five thermal megawatts 
or special nuclear material for use in connection therewith) has 
been submitted to the Congress, together with the approval and 
determination of the President, for a period of sixty days of con-
tinuous session (as defined in subsection 130 g, of this Act) and 
referred to the Committee on International Relations of the House 
of Representatives and the Committee on Foreign Relations of 
the Senate, and in addition, in the case of a proposed agreement 
for cooperation arranged pursuant to subsection 91 c, 144 b., or 
144 c, the Committee on Armed Services of the House of Rep-
resentatives and the Committee on Armed Services of the Senatfe, 
but such proposed agreement for cooperation shall not becotne 
PUBLIC LAW 95-242—MAR. 10, 1978 
92 STAT. 145 
effective if during such sixty-day period the Congress adopts a 
concurrent resolution stating in substance that the Congress does 
not favor the proposed agreement for cooperation: Provided, 
That the sixty-day period shall not begin until a Nuclear Pro-
liferation Assessment Statement prepared by the Director of the 
Arms Control and Disarmament Agency, when required by sub-
section 123 a., has been submitted to the Congress. Any such pro-
posed agreement for cooperation shall be considered pursuant 
to the procedures set forth in section 130 of this Act for the 
consideration of Presidential submissions. 
"Following submission of a proposed agreement for cooperation 
(except an agreement for cooperation arranged pursuant to subsection 
91 c, 144 b., or 144 c.) to the Committee on International Relations of 
the House of Representatives and the Committee on Foreign Relations 
of the Senate, the Nuclear Regulatory Commission, the Department of 
State, the Department of Energy, the Arms Control and Disarmament 
Agency, and the Department of Defense shall, upon the request of 
either of those committees, promptly furnish to those committees their 
views as to whether the safeguards and other controls contained therein 
provide an adequate framework to ensure that any exports as contem-
plated by such agreement will not be inimical to or constitute an unrea-
sonable risk to the common defense and security. 
"If, after the date of enactment of the Nuclear Non-Proliferation 
Act of 1978, the Congress fails to disapprove a proposed agreement for 
cooperation which exempts the recipient nation from the requirement 
set forth in subsection 123 a. (2), such failure to act shall constitute a 
failure to adopt a resolution of disapproval pursuant to subsection 
128 b. (3) for purposes of the Commission's consideration of applica-
tions and requests under section 126 a. (2) and there shall be no con-
gressional review pursuant to section 128 of any subsequent license or 
authorization with respect to that state until the first such license 
or authorization which is issued after twelve months from the elapse 
of the sixty-day period in which the agreement for cooperation in 
question is reviewed by the Congress.". 
Ante, p. 142. 
Ante, p. 139. 
Agency views to 
congressional 
committees. 
42 u s e 2121, 
2164. 
Ante, p. 137. 
Ante, p. 131. 
ADDrriONAL REQUIREMENTS 
Nuclear material 
enrichment, 
approval. 
42 u s e 2153a. 
SEC. 402. (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 procedures governing such approvals shall be identical to those 
set forth for the approval of proposed subsequent arrangements under 
section 131 of the 1954 Act, and any commitments from the recipient Ante, p. 127. 
which the Secretary of Energy and the Secretary of State deem neces-
sary to ensure that such approval will be obtained prior to such enrich- 
• . • • 
ment shall be obtained prior to the submission of the executive branch 
» ' ' 
judgment regarding 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 reactor 
fueling to any nation or group of nations which has, after the date of 
enactment of this Act, 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 com- Enrichment 
ponent of any uranium enrichment, nuclear fuel reprocessing, or heavy facility 
components, 
' 
export 
prohibition. 
92 STAT. 146 
PUBLIC LAW 95-242—MAR. 10, 1978 
42 u s e 2121, 
2164. 
"Major critical 
component." 
Export policies. 
42 u s e 2153b. 
Enriched nuclear 
material and 
sources, 
prohibition. 
Proposed 
international 
agreements. 
42 u s e 2014. 
water production facility shall be exported under any agreement for 
cooperation (except an agreement for cooperation pursuant to subsec-
tion 91 c, 144 b., or 144 c. of the 1954 Act) unless such agreement for 
cooperation specifically designates 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 President 
determines to be essential to the operation of a complete uranium 
enrichment, nuclear fuel reprocessing, or heavy water production 
facility. 
PEACEFUL NUCLEAR ACTIVrriES 
SEC. 403. 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 interna-
tional nuclear trade: 
(a) No nuclear materials and equipment and no sensitive nu-
clear 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 de-
velopment of nvieiear explosive devices for any purpose, ex-
cept as permitted by Article V, the Treaty; 
(2) IAEA safeguards will be applied to all peaceful nu-
clear activities in, under the jurisdiction of, or under the 
control of any^on-nuclear-weapon state; 
(3) adequate physical security measures will be established 
and maintained oy 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 other-
wise acquire any nuclear explosive device. 
(b) (1) No source or special nuclear material within the terri-
tory of any nation or group of nations, under its jurisdiction, or 
under its control anywhere will be enriched (as described in para-
graph aa. (2) of section 11 of the 1954 Act) 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 interna-
tional auspices and inspection, and any such irradiated fuel ele-
ments shall be transferred to such a facility as soon as practicable 
PUBLIC LAW 95-242—MAR. 10, 1978 
92 STAT. 147 
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 mini-
mize 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 sub-
paragraph (1) shall be placed under effective international 
auspices and inspection. 
(c) 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 respect to any 
international shipment of significant quantities of source or spe-
cial nuclear material or irradiated source or special nuclear 
material, which shall also be conducted under international 
safeguards, 
(d) Nothing in this section shall be interpreted to require interna-
tional control or supervision of any United States military activities. 
Enriched nuclear 
material, short-
term storage. 
International 
inspection. 
> 
RENEGOTIATION OF AGREEMENTS FOR COOPERATION 
42 u s e 2153c. 
SEC. 404. (a) The President shall initiate a program immediately to 
renegotiate agreements for cooperation in effect on the date of enact-
ment of this Act, or otherwise to obtain the agreement of parties to 
such agreements 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 the date of enactment of 
this Act with a cooperating party contains provisions equivalent to 
any or all of the criteria set forth in section 127 of the 1954 Act with ^nte, p. 136 
respect 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 materials and 
equipment and such special nuclear material. To the extent that an 
agreement for cooperation in effect on the date of enactment of this 
Act with a cooperating party does not contain provisions with respect 
to any nuclear materials and equipment which have previously been 
transferred under an agreement for cooperation with the United States 
and which are under the jurisdiction or control of the cooperating 
party and with respect to any special nuclear material which is used 
in or produced through the use thereof and which is under the jurisdic-
tion or control of the cooperating party, which are equivalent to any 
or all of those required for new and amended agreements for coopera-
tion under section 123 a. of the 1954 Act, the President shall vigorously ^«^e, p. 142 
seek to obtain the application of such provisions with respect to such 
nuclear materials and equipment and such special nuclear material. 
Nothing in this Act or in the 1954 Act shall be deemed to relinquish 
%.!-
^'>.J 
9? STAT. 148 
PUBLIC LAW 95-242—MAR. 10, 1978 
Export agreement 
cen^itions and 
H k y goals, 
firfftidential 
review. 
4^, 
p. 142. 
P^idential 
export criteria 
proposals, 
fumnittal to 
Congress. 
4iHe, p. 139. 
Savings 
provision. 
42 u s e 2153cl. 
any rights which the United States may have under any agreement 
for cooperation in force on the date of enactment of this Act. 
(b) The President shall annually review each of requirements (1) 
through (9) set forth for inclusion in agreements for cooperation 
under section 123 a. of the 1954 Act and the export policy goals set 
forth in section 401 to determine whether it is in the interest of United 
States non-proliferation objectives for any such requirements or export 
policies which are not already being applied as export criteria to be 
enacted as additional export criteria. 
(c) If the President proposes enactment of any such requirements 
or export policies as additional export criteria or to take any other 
action with respect to such requirements or export policy goals for the 
purpose of encouraging adherence by nations and groups of nations 
to such requirements and policies, he shall submit such a proposal 
together with an explanation thereof to the Congress. 
(d) If the Conuiiittee on Foreign Relations of the Senate or the 
Committee on International Relations of the House of Representa-
tives, after reviewing the President's annual report or any proposed 
legislation, determines that it is in the interest of United States non-
proliferation objectives to take any action with r^espect to such 
requirements or export policy goals, it shall report a joint resolution 
to implement such determination. Any joint resolution so reported 
shall be considered in the Senate and the House of Representatives, 
respectively, under applicable procedures provided for the considera-
tion of resolutions pursuant to subsection 130 b. through g. of the 
1954 Act. 
AUTHORITY TO CONTINUE AGREEMENTS 
SEC. 405. (a) The amendments to section 123 of the 1954 Act made 
by this Act shall not affect the authority to continue cooperation pur-
suant to agreements for cooperation entered into prior to the date of 
enactment of this Act. 
(b) Nothing in this Act shall affect the authority to include dispute 
settlement provisions, including arbitration, in any agreement made 
pursuant to an Agreement for Cooperation. 
REVIEW 
42 use 2160a. 
SEC. 406. No court or regulatory body shall have any jurisdiction 
under any law to compel the performance of or to review the adequacy 
of the performance of any Nuclear Proliferation Assessment Statement 
called for in this Act or in the 1954 Act. 
PROTECTION OF THE ENVIRONMENT 
4^ use 2153e. 
SEC. 407. The President shall endeavor to provide in any agree-
ment entered into pursuant to section 123 of the 1954 Act for coopera-
tion between the parties in protecting the international environment 
from radioactive, chemical or thermal contamination arising from 
peaceful nuclear activities. 
TITLE V—UNITED STATES ASSISTANCE TO 
I 
V 
DEVELOPING COUNTRIES 
Nuclear and non-
nuclear energy, 
re. ource 
development. 
22 use 3261. 
POLICY: REPORT 
SEC. 501. The United States shall endeavor to cooperate with other 
nations, international institutions, and private organizations in estab-
PUBLIC LAW 95-242—MAR. 10, 1978 
92 STAt. 1149 
lishing programs to assist in the development of non-nuclear energy 
resources, to cooperate with both developing and industrialized 
nations in protecting the international environment from contamina-
tion arising from both nuclear and non-nuclear energy activities, and 
s'hall seek to cooperate with and aid developing countries in meeting 
their energy needs through the development of such resources and 
the application of non-nuclear technologies consistent with the eco-
nomic factors, the material resources of those countries, and environ-
mental protection. The United States shall additionally seek to 
encourage other industrialized nations and groups of nations to make 
commitments for similar cooperation and aid to developing countries. 
The President shall report annually to Congress on the level of other 
nations' and groups of nations' commitments under such program and 
the relation of any such commitments to United States efforts under 
this title. In cooperating with and providing such assistance to devel-
oping countries, the United States shall give priority to parties to 
the Treaty. 
P R O G R A M S 
"1 
• 
SEC. 502. (a) The United States shall initiate a program, consistent 
with the aims of section 501, to cooperate with developing countries for 
the purpose of— 
(1) meeting the energy needs required for the development of 
such countries; 
(2) reducing the dependence of such countries on petroleum 
fuels, with emphasis given to utilizing solar and other renewable 
energy resources; and 
(3) expanding the energy alternatives available to such 
countries. 
(b) Such program shall include cooperation in evaluating the 
energy alternatives of developing countries, facilitating international 
trade in energy commodities, developing energy resources, and apply-
ing suitable energy technologies. The program shall include both gen-
eral and country-specific enei-gy assessments and cooperative projects 
in resource exploration and production, training, research and 
development. 
(c) As an integral part of such program, the Department of Energy, 
under the general policy guidance of the Department of State and in 
cooperation with the Agency for International Development and other 
P'ederal agencies as appropriate, shall initiate, as soon as practicable, a 
program for the exchange of United States scientists, technicians, and 
energy experts with those of developing countries to implement the 
purposes of this section. 
(d) For the purposes of carrying out this section, there is authorized 
to be appropriated such sums as are contained in annual authoriza-
tion Acts for the Department of Energy, including such sums which 
have been authorized for such purposes under previous legislation. 
(e) Under the direction of the President, the Secretary of State 
shall ensure the coordination of the activities authorized by this title 
with other related activities of the United States conducted abroad, 
including the programs authorized by sections 103(c), 106(a) (2), and 
119of the Foreign Assistance Act of 1961. 
. * . . - , 
REPORT 
SEC. 503. Not later than twelve months after the date of enactment of 
this Act, the President shall report to the Congress on the feasibility 
of expanding the cooperative activities established pursuant to section 
Presidential 
report to 
Congress. 
Developing 
countries, ent^rgy 
development 
programs. 
22 use 32621. 
Assessment and 
cooperative 
projects. 
Experts, 
exchange. 
Appropriation 
authorization. 
22 u s e 2151a, 
2151d, 2l51q. 
Presidential 
report to 
Congress. 
22 u s e 3262 
note. 
92 STAT. 150 
PUBLIC LAW 95-242—MAR. 10, 1978 
502(c) into an international cooperative effort to include a scientific 
peace corps designed to encourage large numbers of technically trained 
volunteers to live and work in developing countries for varying periods 
of time for the purpose of engaging in projects to aid in meeting the 
energy needs of such countries through the search for and utilization 
of indigenous energy resources and the application of suitable technol-
ogy, including the widespread utilization of renewable and unconven-
tional energy technologies. Such report shall also include a discussion 
of other mechanisms to conduct a coordinated international effort to 
develop, demonstrate, and encourage the utilization of such technol-
ogies in developing countries. 
TITLE VI—EXECUTIVE REPORTING 
Governmental 
nuclear non-
proliferation 
activities. 
22 use 3281. 
i..?* 
.{'••-: 
REPORTS OF THE 
PRESIDENT 
SEC. 601. (a) The President shall review all activities of Govern-
ment 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 
104 and 105 of this Act; 
(B) negotiating the international arrangements or other 
mutual undertakings contemplated in section 403 of this Act; 
.ii:i'-' 
^Q^ 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) strengthening the safeguards of the IAEA as contem-
plated in section 201 of this Act; and 
' 
(E) renegotiating agreements for cooperation as contem-
plated in section 404 (a) of this Act; 
' 
(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 
J' 
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 
I 
(B) refused to accept the safeguards of the IAEA on all 
i
* 
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 
£«t\-
PUBLIC LAW 95-242—MAR. 10, 1978 
92 STAT. 151 
(D) engaged in activities involving source or special 
nuclear material and having direct significance for the manu-
facture or acquisition of nuclear explosive devices; 
(4) an assessment of whether any of the policies set forth in 
this Act have, on balance, been counterproductive from the stand-
point of preventing proliferation; and 
(5) a description of the progress made toward establishing 
procedures to facilitate the timely processing of requests for subse-
quent 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 effec-
tive non-proliferation policies. 
(b) In the first report required by this section, the President shall 
analyze each civil agreement for cooperation negotiated pureuant to 
section 123 of the 1954 Act, and shall discuss the scope and adequacy 
of the requirements and obligations relating to safeguards and other 
controls therein. 
ADOniONAL REPORTS 
tsi-
Current civil 
agreements, 
analysis. 
Ante, p. 142. 
.•sr»ifWJf 
SEC. 602. (a) The annual reports to the Congress by the Commission 
and the Department of Energy which are otherwise required by law 
shall also include views and recommendations regarding the policies 
and actions of the United States to prevent proliferation which are the 
statutory responsibility of those agencies. The Department's report 
shall include a detailed analysis of the proliferation implications of 
advanced enrichment and reprocessing techniques, advanced reactors, 
and alternative nuclear fuel cycles. This part of the report shall 
include a comprehensive version which includes any relevant classified 
information and a summary unclassified version. 
(b) The reporting requirements of this title are in addition to 
and not in lieu of any other reporting requirements under applicable 
law. 
(c) The Department of State, the Arms Control and Disarmament 
Agency, the Department of Commerce, the Department of Energy, 
and the Commission shall keep the Committees on Foreign Relations 
and Governmental Affairs of the Senate and the Committee on Inter-
national Relations of the House of Representatives fully and currently 
informed with respect to their activities to carry out the purposes ana 
policies of this Act and to otherwise prevent proliferation, and with 
respect to the current activities of foreign nations which are of signifi-
cance from the proliferation standpoint. 
(d) Any classified portions of the reports required by this Act shall 
be submitted to the Senate Foreign Relations Committee and the 
House International Relations Committee. 
(e) Throe years after enactment of this Act, the Comptroller Gen-
eral shall complete a study and report to the Congress on the imple-
mentation and impact of this Act on the nuclear non-proliferation 
policies, purposes, and objectives of this Act. The Secretaries of State, 
Energy, Defense, and Commerce and the Commission and the Director 
shall cooperate with the Comptroller General in the conduct of the 
study. The report shall contain such recommendations as the Comp-
troller General deems necessary to support the nuclear non-prolifera-
tion policies, purposes, and objectives of this Act. 
Reports to 
Congress. 
Governmental 
nuclear non-
proliferation 
activities. 
22 use 3282. 
Report to 
Congress. 
Nuclear non-
proliferation 
policies, study. 
^ STAT. 152 
PUBLIC LAW 95-242—MAR. 10, 1978 
SAVING CLAUSE 
4? use 2153f. 
SEC. 603. (a) All orders, determinations, rules, regulations, permits, 
contracts, agreements, certificates, licenses, and privileges— 
(1) which have been issued, made, granted, or allowed to become 
effective in the exercise of functions which are the subject 
of this Act, by (i) any agency or officer, or part thereof, in exer-
2 
cising the functions which are affected by this Act, or (ii) any 
court of competent jurisdiction, and 
(2) which are in effect at the time this Act takes effect, 
shall continue in effect according to their terms until modified, termi-
nated, superseded, set aside, or repealed as the case may be, by the 
parties thereto or by any court of competent jurisdiction. 
4? use 2153f. 
(b) Nothing in this Act shall affect the procedures or requirements 
applicable to agreements for cooperation entered into pursuant to sec-
42 use 2121, 
tions 91 c, 144 b., or 144 c. of the 1954 Act or arrangements pursuant 
ZiM. • 
r 
thereto as it was in effect immediately prior to the date of enactment 
of this Act. 
£ir«ctive date. 
(c) Except where otherwise provided, the provisions of this Act 
22 use 3201 
shall take effect immediately upon enactment regardless of any require-
••••• 
. x| 
ment for the promulgation of regulations to implement such provisions. 
Approved March 10, 1978. 
. 
.. ,-
LEGISLATIVE HISTORY: 
, 
, 
HOUSE REPORT No. 95-587 (Comm. on International Relations). 
SENATE REPORT No. 95-467 accompanying S. 897 (Comms. on Governmental 
Affairs, Energy and Natural Resources, and Foreign Relations). 
CONGRESSIONAL RECORD: 
Vol. 123 (1977): Aug. 5, S. 897 considered in Senate. 
•'•' 
^ 
Sept. 22, 28, considered and passed House. 
''^•'I 
Nov. 2, S. 897 considered in Senate. 
r"'-/' Vol. 124 (1978): Feb. 2, 7, considered and passed Senate, amended, in lieu of S. 
897. 
Feb. 9, House concurred in Senate amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: 
Vol. 14, No. 10 (1978): Mar. 10, Presidential statement.