Title 42The Public Health and WelfareRelease 119-73not60

§2153a Approval for Enrichment After Export of Source or Special Nuclear Material; Export of Major Critical Components of Enrichment Facilities

Title 42 › Chapter 23— DEVELOPMENT AND CONTROL OF ATOMIC ENERGY › Subchapter X— INTERNATIONAL ACTIVITIES › § 2153a

Last updated Apr 5, 2026|Official source

Summary

The United States must give permission before any source or special nuclear material sent from the U.S. can be enriched after it leaves the country, unless a specific cooperation agreement says otherwise. The approval process must follow the same steps as approvals for "subsequent arrangements" under section 2160. Any promises from the recipient that the Secretary of Energy and the Secretary of State think are needed to make sure U.S. approval will actually be obtained before enrichment must be made first and included when the executive branch sends its judgment about the export. Also, no material may be sent for enrichment or reactor fuel to any nation or group that, after March 10, 1978, entered into a new or changed cooperation agreement with the U.S., except under that agreement. Major critical components for uranium enrichment, fuel reprocessing, or heavy water production plants cannot be exported under any cooperation agreement (except agreements under sections 2121(c), 2164(b), or 2164(c)) unless the agreement clearly lists those components as allowed exports. "Major critical component" means a part or group of parts the President decides are essential to running a complete such facility.

Full Legal Text

Title 42, §2153a

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

(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 2160 of this title, and any commitments from the recipient which the Secretary of Energy and the Secretary of State deem necessary to ensure that such approval will be obtained prior to such enrichment 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 March 10, 1978, 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 component of any uranium enrichment, nuclear fuel reprocessing, or heavy water production facility shall be exported under any agreement for cooperation (except an agreement for cooperation pursuant to section 2121(c), 2164(b), or 2164(c) of this title) 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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Nuclear Non-Proliferation Act of 1978, and not as part of the Atomic Energy Act of 1954 which comprises this chapter.

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 Delegation or assignment to Secretary of Energy of function vested in President under subsec. (b) of this section, see section 1(a) 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 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. § 2153a

Title 42The Public Health and Welfare

Last Updated

Apr 5, 2026

Release point: 119-73not60