Atomic Energy Act of 1954 [As Amended Through P.L. 105-394, November 13, 1998]: An Act for the development and control of atomic energy Page: 58
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Q: \COMP\NUKE \ATOMIC54
Sec. 127 ATOMIC ENERGY ACT OF 1954 58
obtain data and recommendations from the Secretary of State at
any time as provided in subsection a. (1) of this section.
c. In the event that the House of Representatives or the Senate
passes a joint resolution which would adopt one or more additional
export criteria, or would modify any existing export criteria under
this Act, any such joint resolution shall be referred in the other
House to the Committee on Foreign Relations of the Senate or the
Committee on Foreign Affairs of the House of Representatives,' as
the case may be, and shall be considered by the other House under
applicable procedures provided for the consideration of resolutions
pursuant to section 130 of this Act.
[42 U.S.C. 2155]
SEC. 127. CRITERIA GOVERNING UNITED STATES NUCLEAR Ex-
PORTS.-
The United States adopts the following criteria which, in addi-
tion to other requirements of law, will govern exports for peaceful
nuclear uses from the United States of source material, special nu-
clear material, production or utilization facilities, and any sensitive
nuclear technology:
(1) IAEA safeguards as required by Article 111(2) of the
Treaty will be applied with respect to any such material or fa-
cilities proposed to be exported, to any such material or facili-
ties previously exported and subject to the applicable agree-
ment for cooperation, and to any special nuclear material used
in or produced through the use thereof.
(2) No such material, facilities, or sensitive nuclear tech-
nology proposed to be exported or previously exported and sub-
ject to the applicable agreement for cooperation, and no special
nuclear material produced through the use of such materials,
facilities, or sensitive nuclear technology, will be used for any
nuclear explosive device or for research on or development of
any nuclear explosive device.
(3) Adequate physical security measures will be main-
tained with respect to such material or facilities proposed to be
exported and to any special nuclear material used in or pro-
duced through the use thereof. Following the effective date of
any regulations promulgated by the Commission pursuant to
section 304(d) of the Nuclear Non-Proliferation Act of 1978,
physical security measures shall be deemed adequate if such
measures provide a level of protection equivalent to that re-
quired by the applicable regulations.
(4) No such materials, facilities, or sensitive nuclear tech-
nology proposed to be exported, and no special nuclear material
produced through the use of such material, will be retrans-
ferred to the jurisdiction of any other nation or group of na-
tions unless the prior approval of the United States is obtained
for such retransfer. In addition to other requirements of law,
the United States may approve such retransfer only if the na-
tion or group of nations designated to receive such retransfer
1The 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 Con-
gress. The name was also changed to the Committee on International Relations at the beginning
of the 104th Congress.
November 13, 1998
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United States. Congress. Atomic Energy Act of 1954 [As Amended Through P.L. 105-394, November 13, 1998]: An Act for the development and control of atomic energy, text, November 13, 1998; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc11950/m1/58/: accessed April 23, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; .