Section 129 of the Atomic Energy Act (AEA) of 1954

Section 129 of the Atomic Energy Act (AEA) of 1954 [42 USC 2158]

SEC. 129. CONDUCT RESULTING IN TERMINATION OF NUCLEAR EXPORTS.--

No nuclear materials and equipment or sensitive nuclear technology shall be exported to--

(1) any non-nuclear-weapon state that is found by the President to have, at any time after the effective date of this section, [Note 1]

(B) terminated or abrogated IAEA safeguards; or

(D) engaged in activities involving source or special nuclear material and having direct significance for the manufacture or acquisition of nuclear explosive devices, and has failed to take steps which, in the President's judgement, represent sufficient progress toward terminating such activities; or

(2) any nation or group of nations that is found by the President to have, at any time after the effective date of this section, [Note 2]

(B) assisted, encouraged, or induced any non-nuclear-weapon state to engage in activities involving source or special nuclear material and having direct significance for the manufacture or acquisition of nuclear explosive devices, and has failed to take steps which, in the President's judgment, represent sufficient progress toward terminating such assistance, encouragement, or inducement; or

(C) entered into an agreement after the date of enactment of this section [Note 2] for the transfer of reprocessing equipment, materials, or technology to the sovereign control of a non-nuclear-weapon state except in connection with an international fuel cycle evaluation in which the United States is a participant or pursuant to a subsequent international agreement or understanding to which the United States subscribes;

unless the President determines that cessation of such exports would be seriously prejudicial to the achievment of United States non-proliferation objectives or otherwise jeopardize the common defense and security: Provided, That prior to the effective date of any such determination, the President's determination, together with a report containing the reasons for his determination, shall be submitted to the Congress and referred to the Committee on International Relations of the House of Representatives [Note 3] and the Committee on Foreign Relations of the Senate for a period of sixty days of continuous session (as defined in subsection 130 g. of this Act), but any such determination shall not become effective if during such sixty-day period the Congress adopts a concurrent resolution stating in substance that is does not favor the determination. Any such determination shall be considered pursuant to the procedures set forth in section 130 of this Act for the consideration of Presidential submissions.

[Note 1] The effective date was March 10, 1978.
[Note 2] The date of enactment was March 10, 1978.
[Note 3] The name of the Committee on International Relations of the House of Representatives was changed to Committee on Foreign Affairs on Feb. 5, 1979, by House Resolution 89, 96th Congress.

This material is produced independently for NTI by the James Martin Center for Nonproliferation Studies at the Monterey Institute of International Studies and does not necessarily reflect the opinions of and has not been independently verified by NTI or its directors, officers, employees, agents. Copyright © 2007 by MIIS.