Section 3201 · Congressional declaration of policy

Effective Date

Section 603(c) of Pub. L. 95–242 provided that: “Except where otherwise provided, the provisions of this Act [see Short Title note below] shall take effect immediately upon enactment [Mar. 10, 1978] regardless of any requirement for the promulgation of regulations to implement such provisions.”

Short Title

Section 1 of Pub. L. 95–242 provided: “That this Act [enacting this chapter and sections 2139a, 2141, 2153a to 2153e, 2153f, and 2155 to 2160a of Title 42, The Public Health and Welfare, amending sections 2074, 2075, 2077, 2094, 2139, and 2153 of Title 42, and enacting provisions set out as notes under sections 3201, 3222, and 3262 of this title and section 2139 of Title 42] may be cited as the ‘Nuclear Non-Proliferation Act of 1978’.”

Nuclear Proliferation Prevention; Effective and Termination Dates of 1994 Amendment

Pub. L. 103–236, title VIII, Apr. 30, 1994, 108 Stat. 507, provided that:

“SEC. 801. SHORT TITLE.

“This title may be cited as the ‘Nuclear Proliferation Prevention Act of 1994’.

“part a—reporting on nuclear exports

“SEC. 811. REPORTS TO CONGRESS.

“[Amended section 3281 of this title.]

“part b—sanctions for nuclear proliferation

“SEC. 821. IMPOSITION OF PROCUREMENT SANCTION ON PERSONS ENGAGING IN EXPORT ACTIVITIES THAT CONTRIBUTE TO PROLIFERATION.

“(a) Determination by the President.—

“(1) In general.—Except as provided in subsection (b)(2), the President shall impose the sanction described in subsection (c) if the President determines in writing that, on or after the effective date of this part, a foreign person or a United States person has materially and with requisite knowledge contributed, through the export from the United States or any other country of any goods or technology (as defined in section 830(2)), to the efforts by any individual, group, or non-nuclear-weapon state to acquire unsafeguarded special nuclear material or to use, develop, produce, stockpile, or otherwise acquire any nuclear explosive device.

“(2) Persons against which the sanction is to be imposed.—The sanction shall be imposed pursuant to paragraph (1) on—

“(A) the foreign person or United States person with respect to which the President makes the determination described in that paragraph;

“(B) any successor entity to that foreign person or United States person;

“(C) any foreign person or United States person that is a parent or subsidiary of that person if that parent or subsidiary materially and with requisite knowledge assisted in the activities which were the basis of that determination; and

“(D) any foreign person or United States person that is an affiliate of that person if that affiliate materially and with requisite knowledge assisted in the activities which were the basis of that determination and if that affiliate is controlled in fact by that person.

“(3) Other sanctions available.—The sanction which is required to be imposed for activities described in this subsection is in addition to any other sanction which may be imposed for the same activities under any other provision of law.

“(4) Definition.—For purposes of this subsection, the term ‘requisite knowledge’ means situations in which a person ‘knows’, as ‘knowing’ is defined in section 104 of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd–2).

“(b) Consultation With and Actions by Foreign Government of Jurisdiction.—

“(1) Consultations.—If the President makes a determination described in subsection (a)(1) with respect to a foreign person, the Congress urges the President to initiate consultations immediately with the government with primary jurisdiction over that foreign person with respect to the imposition of the sanction pursuant to this section.

“(2) Actions by government of jurisdiction.—In order to pursue such consultations with that government, the President may delay imposition of the sanction pursuant to this section for up to 90 days. Following these consultations, the President shall impose the sanction unless the President determines and certifies in writing to the Congress that that government has taken specific and effective actions, including appropriate penalties, to terminate the involvement of the foreign person in the activities described in subsection (a)(1). The President may delay the imposition of the sanction for up to an additional 90 days if the President determines and certifies in writing to the Congress that that government is in the process of taking the actions described in the preceding sentence.

“(3) Report to congress.—Not later than 90 days after making a determination under subsection (a)(1), the President shall submit to the Committee on Foreign Relations and the Committee on Governmental Affairs of the Senate and the Committee on Foreign Affairs [now Committee on International Relations] of the House of Representatives a report on the status of consultations with the appropriate government under this subsection, and the basis for any determination under paragraph (2) of this subsection that such government has taken specific corrective actions.

“(c) Sanction.—

“(1) Description of sanction.—The sanction to be imposed pursuant to subsection (a)(1) is, except as provided in paragraph (2) of this subsection, that the United States Government shall not procure, or enter into any contract for the procurement of, any goods or services from any person described in subsection (a)(2).

“(2) Exceptions.—The President shall not be required to apply or maintain the sanction under this section—

“(A) in the case of procurement of defense articles or defense services—

“(i) under existing contracts or subcontracts, including the exercise of options for production quantities to satisfy requirements essential to the national security of the United States;

“(ii) if the President determines in writing that the person or other entity to which the sanction would otherwise be applied is a sole source supplier of the defense articles or services, that the defense articles or services are essential, and that alternative sources are not readily or reasonably available; or

“(iii) if the President determines in writing that such articles or services are essential to the national security under defense coproduction agreements;

“(B) to products or services provided under contracts entered into before the date on which the President publishes his intention to impose the sanction;

“(C) to—

“(i) spare parts which are essential to United States products or production;

“(ii) component parts, but not finished products, essential to United States products or production; or

“(iii) routine servicing and maintenance of products, to the extent that alternative sources are not readily or reasonably available;

“(D) to information and technology essential to United States products or production; or

“(E) to medical or other humanitarian items.

“(d) Advisory Opinions.—Upon the request of any person, the Secretary of State may, in consultation with the Secretary of Defense, issue in writing an advisory opinion to that person as to whether a proposed activity by that person would subject that person to the sanction under this section. Any person who relies in good faith on such an advisory opinion which states that the proposed activity would not subject a person to such sanction, and any person who thereafter engages in such activity, may not be made subject to such sanction on account of such activity.

“(e) Termination of the Sanction.—The sanction imposed pursuant to this section shall apply for a period of at least 12 months following the imposition of the sanction and shall cease to apply thereafter only if the President determines and certifies in writing to the Congress that—

“(1) reliable information indicates that the foreign person or United States person with respect to which the determination was made under subsection (a)(1) has ceased to aid or abet any individual, group, or non-nuclear-weapon state in its efforts to acquire unsafeguarded special nuclear material or any nuclear explosive device, as described in that subsection; and

“(2) the President has received reliable assurances from the foreign person or United States person, as the case may be, that such person will not, in the future, aid or abet any individual, group, or non-nuclear-weapon state in its efforts to acquire unsafeguarded special nuclear material or any nuclear explosive device, as described in subsection (a)(1).

“(f) Waiver.—

“(1) Criterion for waiver.—The President may waive the application of the sanction imposed on any person pursuant to this section, after the end of the 12-month period beginning on the date on which that sanction was imposed on that person, if the President determines and certifies in writing to the Congress that the continued imposition of the sanction would have a serious adverse effect on vital United States interests.

“(2) Notification of and report to congress.—If the President decides to exercise the waiver authority provided in paragraph (1), the President shall so notify the Congress not less than 20 days before the waiver takes effect. Such notification shall include a report fully articulating the rationale and circumstances which led the President to exercise the waiver authority.

“SEC. 822. ELIGIBILITY FOR ASSISTANCE.

“(a) Amendments to the arms export control act.—

“(1) Prohibition.—[Amended section 2753 of this title.]

“(2) Definition of support for international terrorism.—[Amended section 2780 of this title.]

“(b) Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.].—

“(1) Presidential determination 82–7.—Notwithstanding any other provision of law, Presidential Determination No. 82–7 of February 10, 1982, made pursuant to section 670(a)(2) of the Foreign Assistance Act of 1961 [22 U.S.C. 2429a(a)(2)], shall have no force or effect with respect to any grounds for the prohibition of assistance under section 102(a)(1) of the Arms Export Control Act [22 U.S.C. 2799aa–1(a)(1)] arising on or after the effective date of this part.

“(2) Amendment.—[Amended section 2375 of this title.]

“SEC. 823. ROLE OF INTERNATIONAL FINANCIAL INSTITUTIONS.

“(a) In General.—The Secretary of the Treasury shall instruct the United States executive director to each of the international financial institutions described in section 701(a) of the International Financial Institutions Act (22 U.S.C. 262d(a)) to use the voice and vote of the United States to oppose any use of the institution's funds to promote the acquisition of unsafeguarded special nuclear material or the development, stockpiling, or use of any nuclear explosive device by any non-nuclear-weapon state.

“(b) Duties of United States Executive Directors.—[Amended section 262d of this title.]

“SEC. 824. PROHIBITION ON ASSISTING NUCLEAR PROLIFERATION THROUGH THE PROVISION OF FINANCING.

“(a) Prohibited Activity Defined.—For purposes of this section, the term ‘prohibited activity’ means the act of knowingly, materially, and directly contributing or attempting to contribute, through the provision of financing, to—

“(1) the acquisition of unsafeguarded special nuclear material; or

“(2) the use, development, production, stockpiling, or other acquisition of any nuclear explosive device,

by any individual, group, or non-nuclear-weapon state.

“(b) Prohibition.—To the extent that the United States has jurisdiction to prohibit such activity by such person, no United States person and no foreign person may engage in any prohibited activity.

“(c) Presidential Determination and Order With Respect to United States and Foreign Persons.—If the President determines, in writing after opportunity for a hearing on the record, that a United States person or a foreign person has engaged in a prohibited activity (without regard to whether subsection (b) applies), the President shall, by order, impose the sanctions described in subsection (d) on such person.

“(d) Sanctions.—The following sanctions shall be imposed pursuant to any order issued under subsection (c) with respect to any United States person or any foreign person:

“(1) Ban on dealings in government finance.—

“(A) Designation as primary dealer.—Neither the Board of Governors of the Federal Reserve System nor the Federal Reserve Bank of New York may designate, or permit the continuation of any prior designation of, the person as a primary dealer in United States Government debt instruments.

“(B) Service as depositary.—The person may not serve as a depositary for United States Government funds.

“(2) Restrictions on operations.—The person may not, directly or indirectly—

“(A) commence any line of business in the United States in which the person was not engaged as of the date of the order; or

“(B) conduct business from any location in the United States at which the person did not conduct business as of the date of the order.

“(e) Judicial Review.—Any determination of the President under subsection (c) shall be subject to judicial review in accordance with chapter 7 of part I of title 5, United States Code.

“(f) Consultation With and Actions by Foreign Government of Jurisdiction.—

“(1) Consultations.—If the President makes a determination under subsection (c) with respect to a foreign person, the Congress urges the President to initiate consultations immediately with any appropriate foreign government with respect to the imposition of any sanction pursuant to this section.

“(2) Actions by government of jurisdiction.—

“(A) Suspension of period for imposing sanctions.—In order to pursue consultations described in paragraph (1) with any government referred to in such paragraph, the President may delay, for up to 90 days, the effective date of an order under subsection (c) imposing any sanction.

“(B) Coordination with activities of foreign government.—Following consultations described in paragraph (1), the order issued by the President under subsection (c) imposing any sanction on a foreign person shall take effect unless the President determines, and certifies in writing to the Congress, that the government referred to in paragraph (1) has taken specific and effective actions, including the imposition of appropriate penalties, to terminate the involvement of the foreign person in any prohibited activity.

“(C) Extension of period.—After the end of the period described in subparagraph (A), the President may delay, for up to an additional 90 days, the effective date of an order issued under subsection (b) imposing any sanction on a foreign person if the President determines, and certifies in writing to the Congress, that the appropriate foreign government is in the process of taking actions described in subparagraph (B).

“(3) Report to congress.—Before the end of the 90-day period beginning on the date on which an order is issued under subsection (c), the President shall submit to the Congress a report on—

“(A) the status of consultations under this subsection with the government referred to in paragraph (1); and

“(B) the basis for any determination under paragraph (2) that such government has taken specific corrective actions.

“(g) Termination of the Sanctions.—Any sanction imposed on any person pursuant to an order issued under subsection (c) shall—

“(1) remain in effect for a period of not less than 12 months; and

“(2) cease to apply after the end of such 12-month period only if the President determines, and certifies in writing to the Congress, that—

“(A) the person has ceased to engage in any prohibited activity; and

“(B) the President has received reliable assurances from such person that the person will not, in the future, engage in any prohibited activity.

“(h) Waiver.—The President may waive the continued application of any sanction imposed on any person pursuant to an order issued under subsection (c) if the President determines, and certifies in writing to the Congress, that the continued imposition of the sanction would have a serious adverse effect on the safety and soundness of the domestic or international financial system or on domestic or international payments systems.

“(i) Enforcement Action.—The Attorney General may bring an action in an appropriate district court of the United States for injunctive and other appropriate relief with respect to—

“(1) any violation of subsection (b); or

“(2) any order issued pursuant to subsection (c).

“(j) Knowingly Defined.—

“(1) In general.—For purposes of this section, the term ‘knowingly’ means the state of mind of a person with respect to conduct, a circumstance, or a result in which—

“(A) such person is aware that such person is engaging in such conduct, that such circumstance exists, or that such result is substantially certain to occur; or

“(B) such person has a firm belief that such circumstance exists or that such result is substantially certain to occur.

“(2) Knowledge of the existence of a particular circumstance.—If knowledge of the existence of a particular circumstance is required for an offense, such knowledge is established if a person is aware of a high probability of the existence of such circumstance, unless the person actually believes that such circumstance does not exist.

“(k) Scope of Application.—This section shall apply with respect to prohibited activities which occur on or after the date this part takes effect.

“SEC. 825. EXPORT-IMPORT BANK.

“[Amended section 635 of Title 12, Banks and Banking.]

“SEC. 826. AMENDMENT TO THE ARMS EXPORT CONTROL ACT.

“(a) In General.—[Enacted subchapter X (§2799aa et seq.) of chapter 39 of this title.]

“(b) Repeals.—[Repealed sections 2429 and 2429a of this title.]

“(c) References in Law.—Any reference in law as of the date of enactment of this Act [Apr. 30, 1994] to section 669 or 670 of the Foreign Assistance Act of 1961 [22 U.S.C. 2429, 2429a] shall, after such date, be deemed to be a reference to section 101 or 102, as the case may be, of the Arms Export Control Act [22 U.S.C. 2799aa, 2799aa–1].

“SEC. 827. REWARD.

“[Amended section 2708 of this title.]

“SEC. 828. REPORTS.

“(a) Content of ACDA Annual Report.—[Amended section 2593a of this title.]

“(b) Reporting on Demarches.—(1) It is the sense of the Congress that the Department of State should, in the course of implementing its reporting responsibilities under section 602(c) of the Nuclear Non-Proliferation Act of 1978 [22 U.S.C. 3282(c)], include a summary of demarches that the United States has issued or received from foreign governments with respect to activities which are of significance from the proliferation standpoint.

“(2) For purposes of this section, the term ‘demarche’ means any official communication by one government to another, by written or oral means, intended by the originating government to express—

“(A) a concern over a past, present, or possible future action or activity of the recipient government, or of a person within the jurisdiction of that government, contributing to the global spread of unsafeguarded special nuclear material or of nuclear explosive devices;

“(B) a request for the recipient government to counter such action or activity; or

“(C) both the concern and request described in subparagraphs (A) and (B).

“SEC. 829. TECHNICAL CORRECTION.

“[Amended section 2160c of Title 42, The Public Health and Welfare.]

“SEC. 830. DEFINITIONS.

“For purposes of this part—

“(1) the term ‘foreign person’ means—

“(A) an individual who is not a citizen of the United States or an alien admitted for permanent residence to the United States; or

“(B) a corporation, partnership, or other nongovernment entity which is created or organized under the laws of a foreign country or which has its principal place of business outside the United States;

“(2) the term ‘goods or technology’ means—

“(A) nuclear materials and equipment and sensitive nuclear technology (as such terms are defined in section 4 of the Nuclear Non-Proliferation Act of 1978 [22 U.S.C. 3203]), all export items designated by the President pursuant to section 309(c) of the Nuclear Non-Proliferation Act of 1978 [42 U.S.C. 2139a(c)], and all technical assistance requiring authorization under section 57 b. of the Atomic Energy Act of 1954 [42 U.S.C. 2077(b)], and

“(B) in the case of exports from a country other than the United States, any goods or technology that, if exported from the United States, would be goods or technology described in subparagraph (A);

“(3) the term ‘IAEA safeguards’ means the safeguards set forth in an agreement between a country and the International Atomic Energy Agency, as authorized by Article III(A)(5) of the Statute of the International Atomic Energy Agency;

“(4) the term ‘nuclear explosive device’ means any device, whether assembled or disassembled, that is designed to produce an instantaneous release of an amount of nuclear energy from special nuclear material that is greater than the amount of energy that would be released from the detonation of one pound of trinitrotoluene (TNT);

“(5) the term ‘non-nuclear-weapon state’ means any country which is not a nuclear-weapon state, as defined by Article IX (3) of the Treaty on the Non-Proliferation of Nuclear Weapons, signed at Washington, London, and Moscow on July 1, 1968;

“(6) the term ‘special nuclear material’ has the meaning given that term in section 11 aa. of the Atomic Energy Act of 1954 (42 U.S.C. 2014aa; [42 U.S.C. 2014(aa)]);

“(7) the term ‘United States person’ means—

“(A) an individual who is a citizen of the United States or an alien admitted for permanent residence to the United States; or

“(B) a corporation, partnership, or other nongovernment entity which is not a foreign person; and

“(8) the term ‘unsafeguarded special nuclear material’ means special nuclear material which is held in violation of IAEA safeguards or not subject to IAEA safeguards (excluding any quantity of material that could, if it were exported from the United States, be exported under a general license issued by the Nuclear Regulatory Commission).

“SEC. 831. EFFECTIVE DATE.

“The provisions of this part, and the amendments made by this part, shall take effect 60 days after the date of the enactment of this Act [Apr. 30, 1994].

“part c—international atomic energy agency

“SEC. 841. BILATERAL AND MULTILATERAL INITIATIVES.

“It is the sense of the Congress that in order to maintain and enhance international confidence in the effectiveness of IAEA safeguards and in other multilateral undertakings to halt the global proliferation of nuclear weapons, the United States should seek to negotiate with other nations and groups of nations, including the IAEA Board of Governors and the Nuclear Suppliers Group, to—

“(1) build international support for the principle that nuclear supply relationships must require purchasing nations to agree to full-scope international safeguards;

“(2) encourage each nuclear-weapon state within the meaning of the Treaty to undertake a comprehensive review of its own procedures for declassifying information relating to the design or production of nuclear explosive devices and to investigate any measures that would reduce the risk of such information contributing to nuclear weapons proliferation;

“(3) encourage the deferral of efforts to produce weapons-grade nuclear material for large-scale commercial uses until such time as safeguards are developed that can detect, on a timely and reliable basis, the diversion of significant quantities of such material for nuclear explosive purposes;

“(4) pursue greater financial support for the implementation and improvement of safeguards from all IAEA member nations with significant nuclear programs, particularly from those nations that are currently using or planning to use weapons-grade nuclear material for commercial purposes;

“(5) arrange for the timely payment of annual financial contributions by all members of the IAEA, including the United States;

“(6) pursue the elimination of international commerce in highly enriched uranium for use in research reactors while encouraging multilateral cooperation to develop and to use low-enriched alternative nuclear fuels;

“(7) oppose efforts by non-nuclear-weapon states to develop or use unsafeguarded nuclear fuels for purposes of naval propulsion;

“(8) pursue an international open skies arrangement that would authorize the IAEA to operate surveillance aircraft and would facilitate IAEA access to satellite information for safeguards verification purposes;

“(9) develop an institutional means for IAEA member nations to share intelligence material with the IAEA on possible safeguards violations without compromising national security or intelligence sources or methods;

“(10) require any exporter of a sensitive nuclear facility or sensitive nuclear technology to a non-nuclear-weapon state to notify the IAEA prior to export and to require safeguards over that facility or technology, regardless of its destination; and

“(11) seek agreement among the parties to the Treaty to apply IAEA safeguards in perpetuity and to establish new limits on the right to withdraw from the Treaty.

“SEC. 842. IAEA INTERNAL REFORMS.

“In order to promote the early adoption of reforms in the implementation of the safeguards responsibilities of the IAEA, the Congress urges the President to negotiate with other nations and groups of nations, including the IAEA Board of Governors and the Nuclear Suppliers Group, to—

“(1) improve the access of the IAEA within nuclear facilities that are capable of producing, processing, or fabricating special nuclear material suitable for use in a nuclear explosive device;

“(2)(A) facilitate the IAEA's efforts to meet and to maintain its own goals for detecting the diversion of nuclear materials and equipment, giving particular attention to facilities in which there are bulk quantities of plutonium; and

“(B) if it is not technically feasible for the IAEA to meet those detection goals in a particular facility, require the IAEA to declare publicly that it is unable to do so;

“(3) enable the IAEA to issue fines for violations of safeguards procedures, to pay rewards for information on possible safeguards violations, and to establish a ‘hot line’ for the reporting of such violations and other illicit uses of weapons-grade nuclear material;

“(4) establish safeguards at facilities engaged in the manufacture of equipment or material that is especially designated or prepared for the processing, use, or production of special fissionable material or, in the case of non-nuclear-weapon states, of any nuclear explosive device;

“(5) establish safeguards over nuclear research and development activities and facilities;

“(6) implement special inspections of undeclared nuclear facilities, as provided for under existing safeguards procedures, and seek authority for the IAEA to conduct challenge inspections on demand at suspected nuclear sites;

“(7) expand the scope of safeguards to include tritium, uranium concentrates, and nuclear waste containing special fissionable material, and increase the scope of such safeguards on heavy water;

“(8) revise downward the IAEA's official minimum amounts of nuclear material (‘significant quantity’) needed to make a nuclear explosive device and establish these amounts as national rather than facility standards;

“(9) expand the use of full-time resident IAEA inspectors at sensitive fuel cycle facilities;

“(10) promote the use of near real time material accountancy in the conduct of safeguards at facilities that use, produce, or store significant quantities of special fissionable material;

“(11) develop with other IAEA member nations an agreement on procedures to expedite approvals of visa applications by IAEA inspectors;

“(12) provide the IAEA the additional funds, technical assistance, and political support necessary to carry out the goals set forth in this subsection; and

“(13) make public the annual safeguards implementation report of the IAEA, establishing a public registry of commodities in international nuclear commerce, including dual-use goods, and creating a public repository of current nuclear trade control laws, agreements, regulations, and enforcement and judicial actions by IAEA member nations.

“SEC. 843. REPORTING REQUIREMENT.

“(a) Report Required.—The President shall, in the report required by section 601(a) of the Nuclear Non-Proliferation Act of 1978 [22 U.S.C. 3281(a)], describe—

“(1) the steps he has taken to implement sections 841 and 842, and

“(2) the progress that has been made and the obstacles that have been encountered in seeking to meet the objectives set forth in sections 841 and 842.

“(b) Contents of Report.—Each report under paragraph (1) shall describe—

“(1) the bilateral and multilateral initiatives that the President has taken during the period since the enactment of this Act [Apr. 30, 1994] in pursuit of each of the objectives set forth in sections 841 and 842;

“(2) any obstacles that have been encountered in the pursuit of those initiatives;

“(3) any additional initiatives that have been proposed by other countries or international organizations to strengthen the implementation of IAEA safeguards;

“(4) all activities of the Federal Government in support of the objectives set forth in sections 841 and 842;

“(5) any recommendations of the President on additional measures to enhance the effectiveness of IAEA safeguards; and

“(6) any initiatives that the President plans to take in support of each of the objectives set forth in sections 841 and 842.

“SEC. 844. DEFINITIONS.

“As used in this part—

“(1) the term ‘highly enriched uranium’ means uranium enriched to 20 percent or more in the isotope U–235;

“(2) the term ‘IAEA’ means the International Atomic Energy Agency;

“(3) the term ‘near real time material accountancy’ means a method of accounting for the location, quantity, and disposition of special fissionable material at facilities that store or process such material, in which verification of peaceful use is continuously achieved by means of frequent physical inventories and the use of in-process instrumentation;

“(4) the term ‘special fissionable material’ has the meaning given that term by Article XX(1) of the Statute of the International Atomic Energy Agency, done at the Headquarters of the United Nations on October 26, 1956;

“(5) the term ‘the Treaty’ means the Treaty on the Non-Proliferation of Nuclear Weapons, signed at Washington, London, and Moscow on July 1, 1968; and

“(6) the terms ‘IAEA safeguards’, ‘non-nuclear-weapon state’, ‘nuclear explosive device’, and ‘special nuclear material’ have the meanings given those terms in section 830 of this Act.

“part d—termination

“SEC. 851. TERMINATION UPON ENACTMENT OF NEXT FOREIGN RELATIONS ACT.

“On the date of enactment of the first Foreign Relations Authorization Act that is enacted after the enactment of this Act [Apr. 30, 1994], the provisions of parts A and B of this title shall cease to be effective, the amendments made by those parts shall be repealed, and any provision of law repealed by those parts shall be reenacted.”

Advocacy and Encouragement by United States of Nonparties to Treaty on Non-Proliferation of Nuclear Weapons To Become Signatories; Report to Congress

Pub. L. 96–53, title V, §507, Aug. 14, 1979, 93 Stat. 378, as amended by Pub. L. 97–113, title VII, §734(a)(3), Dec. 29, 1981, 95 Stat. 1560, provided that:

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

“(b) [Repealed. Pub. L. 97–113, title VII, §734(a)(3), Dec. 29, 1981, 95 Stat. 1560.]”

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

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

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

Section 1. Department of Energy. The following functions vested in the President by the Nuclear Non-Proliferation Act of 1978 (92 Stat. 120, 22 U.S.C. 3201), hereinafter referred to as the Act, and by the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.), hereinafter referred to as the 1954 Act, are delegated or assigned to the Secretary of Energy:

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

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

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

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

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

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

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

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

(e) That function vested by Section 131c of the 1954 Act (92 Stat. 129, 42 U.S.C. 2160(c)); except that, the Secretary shall not waive the 60-day requirement for the preparation of a Nuclear Non-Proliferation Assessment Statement for more than 60 days without the approval of the President.

Sec. 3. Department of Commerce. The Secretary of Commerce shall be responsible for performing the function vested in the President by Section 309(c) of the Act (92 Stat. 141, 42 U.S.C. 2139a).

Sec. 4. Coordination. In performing the functions assigned to them by this Order, the Secretary of Energy and the Secretary of State shall consult and coordinate their actions with each other and with the heads of other concerned agencies.

Sec. 5. General Provisions. (a) Executive Order No. 11902 of February 2, 1976, entitled “Procedures for an Export Licensing Policy as to Nuclear Materials and Equipment,” is revoked.

(b) The performance of functions under either the Act or the 1954 Act shall not be delayed pending the development of procedures, even though as many as 120 days are allowed for establishing them. Except where it would be inconsistent to do so, such functions shall be carried out in accordance with procedures similar to those in effect immediately prior to the effective date of the Act.

Jimmy Carter.