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Nuclear Non-Proliferation Act of 1978
Great Seal of the United States
Other short titles Nuclear Antiproliferation Act
Long title An Act to provide for more efficient and effective control over the proliferation of nuclear explosive capability.
Acronyms (colloquial) NNPA, NAPA
Enacted by the 95th United States Congress
Effective March 10, 1978
Citations
Public law 95-242
Statutes at Large 92 Stat. 120
Codification
Titles amended 22 U.S.C.: Foreign Relations and Intercourse
U.S.C. sections created 22 U.S.C. ch. 47 § 3201 et seq.
Legislative history
  • Introduced in the House as H.R. 8638 by Jonathan B. Bingham (D-NY) on July 29, 1977
  • Committee consideration by House International Relations, Senate Foreign Relations
  • Passed the House on September 28, 1977 (411–0)
  • Passed the Senate on February 7, 1978 (88–3, in lieu of S. 897) with amendment
  • House agreed to Senate amendment on February 9, 1978 (passed/agreed)
  • Signed into law by President Jimmy Carter on March 10, 1978

The Nuclear Non-Proliferation Act of 1978 is a U.S. federal law. It states that nuclear weapons are a serious danger. They threaten the safety of the United States and global peace. This law aims to stop the spread of nuclear explosive power.

The U.S. Congress passed this law. President Jimmy Carter signed it on March 10, 1978. It is also known as 22 U.S.C. § 3201.

What the Act Does

The Nuclear Non-Proliferation Act (NNPA) set up rules to control nuclear technology. Its main goals are:

  • To help developing countries get fuel supply without nuclear weapons. This means working with other countries to control nuclear materials. It also includes setting up international rules.
  • To make sure the U.S. keeps its promises to supply nuclear reactors and fuel. This is for countries that follow rules against nuclear weapons.
  • To encourage countries to sign the Treaty on the Non-Proliferation of Nuclear Weapons. This treaty aims to stop the spread of nuclear weapons.
  • To help other countries find energy options besides nuclear power. This includes looking at different technologies. These options should fit their resources and protect the environment.

Key Parts of the Act

The NNPA is divided into different sections, called "Titles." These titles explain how the U.S. plans to achieve its goals.

Helping with Nuclear Fuel Supply

The U.S. wants to be a reliable source of nuclear fuel. This is for nations that agree to prevent nuclear weapons from spreading. The goal is to make sure these nations have enough fuel for peaceful uses.

The Secretary of Energy is in charge of increasing uranium enrichment capacity. This helps meet energy needs at home and abroad. It also supports the goal of stopping nuclear weapons from spreading.

The President was asked to study the need for more uranium enrichment. This study would help the U.S. meet its own needs and help other countries.

The President was also urged to talk with other nations. The goal was to create international plans for nuclear fuel. This includes setting up a temporary supply of low-enriched uranium. This supply would be for countries that follow strict non-proliferation rules.

The Act also asked for a fresh look at the nuclear fuel cycle. This means exploring ways to avoid using pure plutonium. It also looked at how to store spent fuel safely.

Strengthening International Safeguards

The U.S. strongly supports the Treaty on the Non-Proliferation of Nuclear Weapons. It also supports the International Atomic Energy Agency (IAEA). The IAEA is a group that helps make sure nuclear materials are used peacefully.

The U.S. aims to:

  • Help the IAEA with money and technical support. This allows the IAEA to check nuclear activities.
  • Make sure the IAEA has the resources to do its job.
  • Improve the IAEA safeguards system. This helps quickly find out if nuclear materials are being used for weapons. It also helps share this information fast.
  • Ensure the IAEA gets the data it needs. This helps them run a strong international program.
  • Encourage the IAEA to share data with countries that supply nuclear materials. This helps ensure rules are followed.

The Department of Energy also created a training program. This program teaches people from other countries about nuclear safety. It covers advanced ways to protect nuclear materials.

The U.S. also seeks to make agreements with other nations. These agreements would set common rules. They would also decide what actions to take if a country breaks nuclear agreements. This includes rules for dealing with stolen nuclear materials.

Rules for Nuclear Exports

The Act sets strict rules for exporting nuclear materials and technology. No license for export can be given until the Secretary of State agrees. The Secretary must confirm that the export will not harm U.S. safety.

The U.S. has specific rules for peaceful nuclear exports:

  • IAEA safeguards must be applied to all exported materials and facilities. This ensures they are used only for peaceful purposes.
  • No exported material or technology can be used for nuclear explosive devices. This also applies to research on such devices.
  • Strong physical security measures must be in place. This protects exported materials and facilities.
  • Exported materials cannot be sent to another country without U.S. approval. The new country must also agree to the same strict conditions.
  • Exported materials cannot be changed or reprocessed without U.S. approval. This includes altering spent fuel from reactors.
  • If sensitive nuclear technology is exported, the same rules apply. This ensures any nuclear material made with that technology is also controlled.

The Act also states that nuclear exports will stop for non-nuclear weapon states that:

  • Have set off a nuclear explosive device.
  • Have stopped following IAEA safeguards.
  • Have seriously broken an IAEA safeguards agreement.
  • Are involved in activities that could lead to making nuclear weapons.

Working with Other Nations

The U.S. will not work with other nations on nuclear matters until certain conditions are met. Any agreement must include:

  • A promise that safeguards will be kept on all nuclear materials. This applies as long as the material is under that country's control.
  • For non-nuclear weapon states, IAEA safeguards must apply to all their peaceful nuclear activities.
  • A guarantee that nuclear materials will not be used for weapons or military purposes.
  • The U.S. can demand the return of nuclear materials if a country sets off a nuclear device.
  • Nuclear materials cannot be transferred to unauthorized people.
  • Good physical security must be maintained for all nuclear materials.
  • Materials cannot be reprocessed or changed without U.S. approval.
  • Certain nuclear materials (like plutonium) must be stored in U.S.-approved facilities.
  • Any new nuclear facilities built with U.S. technology must follow all these rules.

The President must also work to get all nations to agree to these export policies. This includes ensuring that nuclear materials are not enriched or reprocessed unless it's under international control.

The Act also asks the President to renegotiate existing agreements. This is to make sure they meet the new, stricter rules.

Helping Developing Countries

The U.S. wants to help developing countries with their energy needs. This includes working with other nations and organizations. The goal is to help these countries find non-nuclear energy sources. This means focusing on solar and other renewable energy options.

The U.S. will also encourage other developed nations to help. The President reports yearly on how much other countries are helping. Countries that have signed the Non-Proliferation Treaty get priority for this help.

The program includes:

  • Helping countries figure out their energy options.
  • Making it easier to trade energy resources.
  • Developing new energy sources.
  • Applying suitable energy technologies.

The Department of Energy also started a program to exchange scientists and experts. This helps developing countries meet their energy needs.

Reporting to Congress

The President must report to the U.S. Congress every January. This report describes the government's efforts to prevent nuclear weapons from spreading. It includes updates on negotiations and agreements. It also assesses if the policies are working.

Other government agencies, like the Nuclear Regulatory Commission, also report. They share their views on preventing nuclear proliferation. These reports also include details on advanced nuclear technologies.

The goal of these reports is to keep Congress informed. This helps ensure that the U.S. continues to work towards stopping the spread of nuclear weapons.

Amendments to the Act

The Nuclear Non-Proliferation Act of 1978 has been updated over the years. Here are some key changes:

Date of Change Public Law Number U.S. Statute Citation U.S. Bill U.S. President
August 14, 1979 P.L. 96-53 93 Stat. 359 H.R. 3324 Jimmy E. Carter
October 23, 1992 P.L. 102-484 106 Stat. 2315 H.R. 5006 George H.W. Bush
April 30, 1994 P.L. 103-236 108 Stat. 382 H.R. 2333 William J. Clinton

International Agreement on Nuclear Material Protection

The Convention on the Physical Protection of Nuclear Material is an international agreement. Many countries worked with the International Atomic Energy Agency (IAEA) to create it. This agreement sets rules for protecting nuclear materials. It covers materials used for both military and peaceful energy purposes.

The U.S. Congress passed a law (Public Law 97-351) that supported this agreement. President Ronald Reagan signed it on October 18, 1982. This made the international rules part of U.S. law.

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