§ 3201. — Congressional declaration of policy.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC3201]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 47--NUCLEAR NON-PROLIFERATION
Sec. 3201. Congressional declaration of policy
The Congress finds and declares that the proliferation of nuclear
explosive devices or of the direct capability to manufacture or
otherwise acquire such devices poses a grave threat to the security
interests of the United States and to continued international progress
toward world peace and development. Recent events emphasize the urgency
of this threat and the imperative need to increase the effectiveness of
international safeguards and controls on peaceful nuclear activities to
prevent proliferation. Accordingly, it is the policy of the United
States to--
(a) actively pursue through international initiatives mechanisms
for fuel supply assurances and the establishment of more effective
international controls over the transfer and use of nuclear
materials and equipment and nuclear technology for peaceful purposes
in order to prevent proliferation, including the establishment of
common international sanctions;
(b) take such actions as are required to confirm the reliability
of the United States in meeting its commitments to supply nuclear
reactors and fuel to nations which adhere to effective non-
proliferation policies by establishing procedures to facilitate the
timely processing of requests for subsequent arrangements and export
licenses;
(c) strongly encourage nations which have not ratified the
Treaty on the Non-Proliferation of Nuclear Weapons to do so at the
earliest possible date; and
(d) cooperate with foreign nations in identifying and adapting
suitable technologies for energy production and, in particular, to
identify alternative options to nuclear power in aiding such nations
to meet their energy needs, consistent with the economic and
material resources of those nations and environmental protection.
(Pub. L. 95-242, Sec. 2, Mar. 10, 1978, 92 Stat. 120.)
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
Title VIII of Pub. L. 103-236, Apr. 30, 1994, 108 Stat. 507, known
as the Nuclear Proliferation Prevention Act of 1994, was amended by Pub.
L. 104-164, title I, Sec. 157, July 21, 1996, 110 Stat. 1440. As so
amended, title VIII has been primarily transferred to chapter 72
(Sec. 6301 et seq.) of this title. For complete classification of title
VIII to the Code, see Short Title note set out under section 6301 of
this title and Tables.
Advocacy and Encouragement by United States of Nonparties to Treaty on
Non-Proliferation of Nuclear Weapons To Become Signatories; Report to
Congress
Pub. L. 96-53, title V, Sec. 507, Aug. 14, 1979, 93 Stat. 378, as
amended by Pub. L. 97-113, title VII, Sec. 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, Sec. 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.
