§3201 Congressional declaration of policy

Pub. L. 95–242, title VI, § 603(c), Mar. 10, 1978, 92 Stat. 152, provided that: “Except where otherwise provided, the provisions of this Act [see

note below] shall take effect immediately upon enactment [Mar. 10, 1978] regardless of any requirement for the promulgation of

to implement such provisions.”

Pub. L. 95–242, § 1, Mar. 10, 1978, 92 Stat. 120, provided: “That this Act [enacting this chapter and section 2139a, 2141, 2153a to 2153e, 2153f, and 2155 to 2160a of Title 42, The Public Health and Welfare, amending section 2074, 2075, 2077, 2094, 2139, and 2153 of Title 42, and enacting provisions set out as notes under section 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 AmendmentTitle 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, § 157, July 21, 1996, 110 Stat. 1440. As so amended, title VIII has been primarily transferred to chapter 72 (§ 6301 et seq.) of this title. For complete classification of title VIII to the Code, see

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, § 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

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 “(b) [Repealed.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

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 section 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 section 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 section 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

of the Act. Jimmy Carter.