(a) Review of Government activities; description of progress; assessment of impact of progress; determinations regarding non-nuclear-weapon states; counterproductiveness of policies
The President shall review all activities of Government departments and agencies relating to preventing proliferation and shall make a report to Congress in January of 1979 and annually in January of each year thereafter on the Government’s efforts to prevent proliferation. This report shall include but not be limited to—
(1)a description of the progress made toward—
(A)negotiating the initiatives contemplated in sections
3224 of this title;
(B)negotiating the international arrangements or other mutual undertakings contemplated in section
2153b of title
(C)encouraging non-nuclear-weapon states that are not party to the Treaty to adhere to the Treaty or, pending such adherence, to enter into comparable agreements with respect to safeguards and to foreswear the development of any nuclear explosive devices, and discouraging nuclear exports to non-nuclear-weapon states which have not taken such steps;
(D)strengthening the safeguards of the IAEA as contemplated in section
3241 of this title; and
(E)renegotiating agreements for cooperation as contemplated in section
2153c(a) of title
(2)an assessment of the impact of the progress described in paragraph (1) on the non-proliferation policy of the United States; an explanation of the precise reasons why progress has not been made on any particular point and recommendations with respect to appropriate measures to encourage progress; and a statement of what legislative modifications, if any, are necessary in his judgment to achieve the non-proliferation policy of the United States;
(3)a determination as to which non-nuclear-weapon states with which the United States has an agreement for cooperation in effect or under negotiation, if any, have—
(A)detonated a nuclear device; or
(B)refused to accept the safeguards of the IAEA on all of their peaceful nuclear activities; or
(C)refused to give specific assurances that they will not manufacture or otherwise acquire any nuclear explosive device; or
(D)engaged in activities involving source or special nuclear material and having direct significance for the manufacture or acquisition of nuclear explosive devices;
(4)an assessment of whether any of the policies set forth in this chapter have, on balance, been counterproductive from the standpoint of preventing proliferation;
(5)a description of the progress made toward establishing procedures to facilitate the timely processing of requests for subsequent arrangements and export licenses in order to enhance the reliability of the United States in meeting its commitments to supply nuclear reactors and fuel to nations which adhere to effective non-proliferation policies; 
(6)a description of the implementation of nuclear and nuclear-related dual-use export controls in the preceding calendar year, including a summary by type of commodity and destination of—
(A)all transactions for which—
(i)an export license was issued for any good controlled under section
2139a(c) of title
(ii)an export license was issued under section
2139(b) of title
(iii)approvals were issued under the Export Administration Act of 1979 [50 App. U.S.C. 2401 et seq.], or section
2139(b)(3) of title
42, for the retransfer of any item, technical data, component, or substance; or
(iv)authorizations were made as required by section
2077(b)(2) of title
42 to engage, directly or indirectly, in the production of special nuclear material;
(B)each instance in which—
(i)a sanction has been imposed under section
6301(a) of this title or section
6303 of this title or section
2799aa–1(b)(1) of this title;
(ii)sales or leases have been denied under section
2753(f) of this title or transactions prohibited by reason of acts relating to proliferation of nuclear explosive devices as described in section
2780(d) of this title;
(iii)a sanction has not been imposed by reason of section
6301(c)(2) of this title or the imposition of a sanction has been delayed under section
2799aa–1(b)(4) of this title; or
(iv)a waiver of a sanction has been made under—
6301(f) of this title or section
6303 of this title,
2375(d) of this title, or paragraph (5) or (6)(B) of section
2799aa–1(b) of this title,
2780(g) of this title with respect to the last sentence of section
2780(d) of this title, or
2364 of this title with respect to section
2375 of this title or section
2753(f) of this title, the last sentence of section
2780(d) of this title, or 2799aa–1(b)(1)  of this title; and
(C)the progress of those independent states of the former Soviet Union that are non-nuclear-weapon states and of the Baltic states towards achieving the objective of applying full scope safeguards to all their peaceful nuclear activities.
Portions of the information required by paragraph (6) may be submitted in classified form, as necessary. Any such information that may not be published or disclosed under section 12(c)(1) of the Export Administration Act of 1979 [50 App. U.S.C. 2411(c)(1)] shall be submitted as confidential.
(b) Analysis of civil agreements for cooperation
In the first report required by this section, the President shall analyze each civil agreement for cooperation negotiated pursuant to section
2153 of title
42, and shall discuss the scope and adequacy of the requirements and obligations relating to safeguards and other controls therein.
This chapter, referred to in subsec. (a)(4), was in the original “this Act”, meaning Pub. L. 95–242, Mar. 10, 1978, 92 Stat. 120, known as the Nuclear Non-Proliferation Act of 1978. For complete classification of this Act to the Code, see Short Title note set out under section
3201 of this title and Tables.
The Export Administration Act of 1979, referred to in subsec. (a)(6)(A)(iii), is Pub. L. 96–72, Sept. 29, 1979, 93 Stat. 503, as amended, which is classified principally to section
2401 et seq. of Title 50, Appendix, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section
2401 of Title
50, Appendix, and Tables.
1994—Subsec. (a). Pub. L. 103–236struck out “and” after the semicolon in par. (4), substituted a semicolon for the period in par. (5), and added par. (6) and concluding provisions.
Subchapter effective Mar. 10, 1978, except as otherwise provided and regardless of any requirements for the promulgation of implementing regulations, see section 603(c) ofPub. L. 95–242, set out as a note under section
3201 of this title.
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec. (a) of this section relating to the requirement that the President annually report to Congress on the Government’s efforts to prevent proliferation, see section 3003 ofPub. L. 104–66, as amended, set out as a note under section
1113 of Title
31, Money and Finance, and page 15 of House Document No. 103–7.
Delegation of Functions
For delegation of congressional reporting functions of President under subsec. (a) of this section, see section 1 of Ex. Ord. No. 13313, July 31, 2003, 68 F.R. 46073, set out as a note under section
301 of Title
3, The President.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Description of Change
Statutes at Large
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