Title 42The Public Health and WelfareRelease 119-73

§2157 Additional export criterion and procedures

Title 42 › Chapter CHAPTER 23— - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY › Subchapter SUBCHAPTER X— - INTERNATIONAL ACTIVITIES › § 2157

Last updated Apr 6, 2026|Official source

Summary

The United States can keep exporting source material, special nuclear material, production or use facilities, and sensitive nuclear technology to countries that do not have nuclear weapons only if those countries keep IAEA safeguards on all their peaceful nuclear activities that are under their control when the export happens. The President must try to get those countries to follow this rule. That rule applies to export requests filed after eighteen months from March 10, 1978, or when the first export would happen at least twenty-four months after March 10, 1978. There is an exception if the President says refusing the export would seriously harm U.S. nonproliferation goals or security. In that case a license can be issued, but exports of facilities or fuel for them cannot occur until the first such license is sent to Congress with a full explanation and given sixty days of continuous session for review and sent to the House and Senate foreign affairs committees. If Congress passes a concurrent resolution opposing the export in that 60-day period, the export is blocked. If Congress does not oppose it, the safeguard rule is relaxed for that country, but the first license after twelve months from the end of the 60-day review and the first license each year after must be sent to Congress for review. If Congress later disapproves during any review, exports are stopped under the earlier rules for the rest of that Congress unless the country meets the safeguards or the President says there has been significant progress or foreign policy reasons require reconsideration and Congress does not object.

Full Legal Text

Title 42, §2157

The Public Health and Welfare — Source: USLM XML via OLRC

(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 IAEA 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 March 10, 1978, or for any such application under which the first export would occur at least twenty-four months after March 10, 1978, 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 security, the license or authorization may be issued subject to other applicable requirements of the 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 pursuant 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 2155 of this title, and any Commission opinion and views) for a period of sixty days of continuous session (as defined in section 2159(g) of this title) and referred to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of 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. Any such license or authorization shall be considered pursuant to the procedures set forth in section 2159 of this title for the consideration of Presidential submissions.
(2)If the Congress adopts a resolution of disapproval pursuant 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 criterion by such state or that United States foreign policy interests dictate reconsideration and the Congress, pursuant to the procedure of paragraph (1), does not adopt a concurrent resolution stating in substance that it disagrees with the President’s determination.
(3)If the Congress 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 first 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 specified 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 procedures 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 paragraph (2) shall apply with respect to further exports to such state.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1994—Subsec. (b)(1). Pub. L. 103–437 substituted “Foreign Affairs” for “International Relations”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Mar. 10, 1978, except as otherwise provided and regardless of any requirements for the promulgation of implementing

Regulations

, see section 603(c) of Pub. L. 95–242, set out as a note under section 3201 of Title 22, Foreign Relations and Intercourse.

Executive Documents

Delegation of Functions Secretary of State responsible for performing function vested in President under subsec. (a)(2) of this section and responsible for preparation of timely information and recommendations related to functions vested in President under subsec. (b) of this section, see section 2(b), (d) of Ex. Ord. No. 12058,
May 11, 1978, 43 F.R. 20947, set out under section 3201 of Title 22, Foreign Relations and Intercourse. Performance of Functions Pending Development of ProceduresThe performance of functions under this chapter, as amended by the Nuclear Non-Proliferation Act of 1978, Pub. L. 95–242, Mar. 10, 1978, 92 Stat. 120, not to be delayed pending development of procedures even though as many as 120 days [after Mar. 10, 1978] are allowed for establishing those procedures, see section 5(b) of Ex. Ord. No. 12058,
May 11, 1978, 43 F.R. 20947, set out under section 3201 of Title 22, Foreign Relations and Intercourse.

Reference

Citations & Metadata

Citation

42 U.S.C. § 2157

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73