Page:United States Statutes at Large Volume 92 Part 1.djvu/199

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PUBLIC LAW 95-000—MMMM. DD, 1978

PUBLIC LAW 95-242—MAR. 10, 1978

92 STAT. 145

effective if during such sixty-day period the Congress adopts a concurrent resolution stating in substance that the Congress does not favor the proposed agreement for cooperation: Provided, That the sixty-day period shall not begin until a Nuclear Proliferation Assessment Statement prepared by the Director of the Arms Control and Disarmament Agency, when required by subsection 123 a., has been submitted to the Congress. Any such proposed agreement for cooperation shall be considered pursuant to the procedures set forth in section 130 of this Act for the consideration of Presidential submissions. "Following submission of a proposed agreement for cooperation (except an agreement for cooperation arranged pursuant to subsection 91 c, 144 b., or 144 c.) to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate, the Nuclear Regulatory Commission, the Department of State, the Department of Energy, the Arms Control and Disarmament Agency, and the Department of Defense shall, upon the request of either of those committees, promptly furnish to those committees their views as to whether the safeguards and other controls contained therein provide an adequate framework to ensure that any exports as contemplated by such agreement will not be inimical to or constitute an unreasonable risk to the common defense and security. "If, after the date of enactment of the Nuclear Non-Proliferation Act of 1978, the Congress fails to disapprove a proposed agreement for cooperation which exempts the recipient nation from the requirement set forth in subsection 123 a. (2), such failure to act shall constitute a failure to adopt a resolution of disapproval pursuant to subsection 128 b. (3) for purposes of the Commission's consideration of applications and requests under section 126 a. (2) and there shall be no congressional review pursuant to section 128 of any subsequent license or authorization with respect to that state until the first such license or authorization which is issued after twelve months from the elapse of the sixty-day period in which the agreement for cooperation in question is reviewed by the Congress.".

Ante, p. 142. Ante, p. 139. Agency views to congressional committees. 42 USC 2121, 2164.

Ante, p. 137. Ante, p. 131.

ADDrriONAL REQUIREMENTS

SEC. 402. (a) Except as specifically provided in any agreement for Nuclear material cooperation, no source or special nuclear material hereafter exported enrichment, from the United States may be enriched after export without the prior approval. approval of the United States for such enrichment: Provided, That 42 USC 2153a. the procedures governing such approvals shall be identical to those set forth for the approval of proposed subsequent arrangements under section 131 of the 1954 Act, and any commitments from the recipient Ante, p. 127. which the Secretary of Energy and the Secretary of State deem necessary to ensure that such approval will be obtained prior to such enrich•. • • ment 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 the date of enactment of this Act, 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 com- Enrichment ponent of any uranium enrichment, nuclear fuel reprocessing, or heavy facility '

components, export prohibition.