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Nuclear Non-Proliferation Act of 1978

Public Law 95-242 · H.R. 8638 · 95th Congress · began in the House

Signed by Jimmy Carter (D) on Mar 10, 1978 · International Affairs

Sponsor: Rep. Jonathan Bingham (D-NY-22)

Cosponsors (8): Rep. Clement Zablocki,

Passage votesYeaNay

  • HouseMethod not stated
  • SenateRecorded vote: 88 yea, 3 nay88–3
Data notes

The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.

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Summary

The Congressional Research Service’s plain-language summary of what the law does.

(Measure passed Senate, amended, in lieu of S. 897, roll call #30 (88-3))

Nuclear Non-Proliferation Act - Declares it United States policy: (1) to pursue the establishment of international controls of nuclear equipment, material, and technology, (2) to enhance the reliability of the United States as a supplier of nuclear reactors and fuels, (3) to encourage ratification of the Treaty on the Non-Proliferation of Nuclear Weapons, and (4) to aid other nations in identification and adaptation of appropriate energy production technology.

=Title I: United States Initiatives to Provide Adequate Nuclear Fuel Supply= - Declares that the United States shall furnish a reliable supply of nuclear fuel to nations adhering to policies of non-proliferation of nuclear explosive devices. Directs the President to report to Congress on the need for additional uranium enrichment capacity.

Directs the President to institute discussions with other nations to develop international approaches for meeting future nuclear fuel needs. Authorizes the President to negotiate with such nations concerning the establishment of an International Nuclear Fuel Authority. (INFA)

=Title II: United States Initiatives to Strengthen the International Safeguard System= - Affirms the U.S. commitment to continued strong support for the principles of the Treaty on the Non-Proliferation of Nuclear Weapons, and to a strengthened and more effective International Atomic Energy Agency (IAEA).

Declares that the United States shall establish a nuclear safeguards training program for foreign countries.

=Title III: Export Organization and Criteria= - Limits the authority of the Department of Energy to distribute source and special material without having obtained a license from the Nuclear Regulatory Commission.

Designates the Secretary of Energy as the principal negotiator and executor of subsequent arrangements pursuant to agreements for cooperation. Sets forth new procedures and guidelines to be followed in the consideration of such arrangements involving reprocessing.

Sets forth procedures to be followed by the Nuclear Regulatory Commission in the granting of export licenses and exemptions from licensing requirements, and by the Secretary of Energy in the distribution of nuclear materials. Forbids the approval of any license, exemption or distribution unless the Commission or Department is notified by the State Department that the proposed export will not be inimical to the common defense and security. Provides for Presidential review of license applications under certain circumstances.

Sets forth licensing criteria which will govern peaceful nuclear exports by the U.S., including: (1) a requirement of IAEA safeguards; (2) the prohibition of U.S. assistance for nuclear explosives; (3) a requirement of prior U.S. approval for re-transfers and reprocessing; and (4) an application of such criteria to anything produced using exported nuclear technology. Exempts the European community, Mexico and Yugoslavia from the retransfer and reprocessing requirement.

Requires that, 18 months after enactment of this Act, IAEA safeguards be maintained with respect to all peaceful nuclear activities under the jurisdiction of the recipient country. Sets forth a procedure by which a country may be exempted from the above requirement.

Sets forth several types of conduct which would result in a termination of nuclear exports from the U. u. to a non-nuclear weapon state, including: (1) detonation of a nuclear device; (2) termination, abrogation or violation of IAEA safeguards; or (3) engaging in activities involving nuclear material which has significance in the manufacture of nuclear explosive devices. Sets forth additional prohibited acts which apply to all nations, including: (1) violation of a guarantee the nation has given under a cooperation agreement with the U.S.; (2) assisting a non-nuclear weapon state in activities involving nuclear material which has significance in the manufacture or acquisition of a nuclear explosive device; or (3) enriching, after export, and source or special nuclear fuel without the permission of the United States.

Sets forth procedures to be followed by Congress during the consideration of Presidential submissions required by this Act.

Revises the provisions of law concerning licensing procedures for component parts of nuclear facilities.

=Title IV: Negotiation of Further Export Controls= - Revises the conditions which are currently required to be included in agreements for cooperation, and adds certain new conditions, including: (1) the maintenance of all safeguards specified in the agreement; (2) a guaranty that no transferred material or technology will be used for any nuclear explosive device; (3) a condition permitting the U.S. to require the return of any materials or equipment transferred if the other nation detonates a nuclear explosive device; (4) a guaranty that no technology or material will be transferred by the other nation to unauthorized persons; (5) a guaranty that no material transferred will be reprocessed; and (6) a guaranty that any nuclear material or production facility produced or constructed by the other nation will be subject to such conditions.

Proposes criteria to be followed by all nuclear supplier nations in their export of nuclear materials, facilities, and technology. Calls for the concentration of all enrichment, reprocessing, fabrication and stockpiling of plutonium and enriched uranium in facilities operating under international supervision.

Calls for the President to initiate a program to renegotiate existing U.S. agreements for cooperation to obtain the agreement of recipient nations to the new required conditions enumerated in this Act.

Encourages the President to provide, in any agreement, for cooperation between the parties in protecting the international environment from radioactive contamination.

States that no court or regulatory body shall have jurisdiction to compel the performance of, or the review the adequacy of, any Nuclear Proliferation Assessment Statement.

=Title V: United States Assistance to Developing Countires= - Directs the U.S. to work with developing countries in meeting their energy needs through alternative resources consistent with their economic factors, material resources, and with environmental protection. Mandates the initiation of a program to cooperate with such countries for the purpose of meeting their energy needs, reducing their dependence on petroleum fuels, and expanding their energy alternatives. Requires the President to report on the feasibility of expanding these cooperative activities to include a "scientific peace corps.

=Title VI: Executive Reporting= - Requires the President to report to Congress annually on: (1) the progress made towards negotiating the various international undertakings called for in this Act; (2) the progress made toward strengthening IAEA safeguards; (3) renegotiating existing agreements for cooperation; and (4) whether certain policies set forth in this Act have been counterproductive from the standpoint of preventing proliferation.

Directs the Comptroller General to report to Congress on the operations and impact of this Act three years after its enactment.

Who voted for it

Every senator of the 95th Congress on the ideology compass. Highlighted: the 91 who voted yea on final passage. Faded: everyone else, including those who voted nay, did not vote, or had not yet taken office.

91 yea3 nay6 present or did not vote

Dimension 2
Economic left–right
More liberalMore conservative

Democrats who voted yea(59)

  • Sen. William ProxmireD-WI
  • Sen. Ted KennedyD-MA
  • Sen. Dick ClarkD-IA
  • Sen. Howard MetzenbaumD-OH
  • Sen. John CulverD-IA
  • Sen. Gaylord NelsonD-WI
  • Sen. Donald RiegleD-MI
  • Sen. John DurkinD-NH
  • Sen. Wendell AndersonD-MN
  • Sen. William HathawayD-ME
  • Sen. Muriel HumphreyD-MN
  • Sen. Paul SarbanesD-MD
  • Sen. Gary HartD-CO
  • Sen. Edmund MuskieD-ME
  • Sen. Joseph BidenD-DE
  • Sen. Fritz HollingsD-SC
  • Sen. Floyd HaskellD-CO
  • Sen. Dale BumpersD-AR
  • Sen. Kaneaster HodgesD-AR
  • Sen. Scoop JacksonD-WA
  • Sen. Warren MagnusonD-WA
  • Sen. Alan CranstonD-CA
  • Sen. Thomas McIntyreD-NH
  • Sen. Frank ChurchD-ID
  • Sen. James SasserD-TN
  • Sen. Daniel InouyeD-HI
  • Sen. Abraham RibicoffD-CT
  • Sen. Patrick LeahyD-VT
  • Sen. Paul HatfieldD-MT
  • Sen. Spark MatsunagaD-HI
  • Sen. Robert ByrdD-WV
  • Sen. Harrison WilliamsD-NJ
  • Sen. Thomas EagletonD-MO
  • Sen. Claiborne PellD-RI
  • Sen. Dee HuddlestonD-KY
  • Sen. Daniel MoynihanD-NY
  • Sen. Adlai StevensonD-IL
  • Sen. Robert MorganD-NC
  • Sen. Quentin BurdickD-ND
  • Sen. John MelcherD-MT
  • Sen. John SparkmanD-AL
  • Sen. Dennis DeConciniD-AZ
  • Sen. Howard CannonD-NV
  • Sen. Jennings RandolphD-WV
  • Sen. John GlennD-OH
  • Sen. Herman TalmadgeD-GA
  • Sen. Russell LongD-LA
  • Sen. Edward ZorinskyD-NE
  • Sen. Lawton ChilesD-FL
  • Sen. Wendell FordD-KY
  • Sen. John JohnstonD-LA
  • Sen. Mike GravelD-AK
  • Sen. Samuel NunnD-GA
  • Sen. Lloyd BentsenD-TX
  • Sen. Dick StoneD-FL
  • Sen. John StennisD-MS
  • Sen. James EastlandD-MS
  • Sen. James AllenD-AL
  • Sen. Harry ByrdD-VA

Republicans who voted yea(32)

  • Sen. Clifford CaseR-NJ
  • Sen. Jacob JavitsR-NY
  • Sen. Edward BrookeR-MA
  • Sen. Charles MathiasR-MD
  • Sen. Robert StaffordR-VT
  • Sen. Charles PercyR-IL
  • Sen. Henry HeinzR-PA
  • Sen. James PearsonR-KS
  • Sen. Mark HatfieldR-OR
  • Sen. Lowell WeickerR-CT
  • Sen. John ChafeeR-RI
  • Sen. John DanforthR-MO
  • Sen. Milton YoungR-ND
  • Sen. Richard SchweikerR-PA
  • Sen. Howard BakerR-TN
  • Sen. Pete DomeniciR-NM
  • Sen. Ted StevensR-AK
  • Sen. Robert DoleR-KS
  • Sen. Henry BellmonR-OK
  • Sen. Robert GriffinR-MI
  • Sen. Richard LugarR-IN
  • Sen. Samuel HayakawaR-CA
  • Sen. Harrison SchmittR-NM
  • Sen. John TowerR-TX
  • Sen. Dewey BartlettR-OK
  • Sen. Malcolm WallopR-WY
  • Sen. Clifford HansenR-WY
  • Sen. Orrin HatchR-UT
  • Sen. Jake GarnR-UT
  • Sen. James McClureR-ID
  • Sen. Paul LaxaltR-NV
  • Sen. Barry GoldwaterR-AZ
Data notes

The Senate’s recorded vote on the final version of the law (roll call 666 in Voteview), matched to the vote the record cites and checked against its totals. Positions are each member’s DW-NOMINATE score for that Congress, as on the Ideology page; left to right is more liberal to more conservative. Paired and announced yea votes count as yea. Lists follow the compass, most liberal first. A name links to a profile only for members of the current Congress. A law passed by voice vote or unanimous consent has no member list, and neither does a vote Voteview has not yet recorded.

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Committees

The committees the bill was sent to, and what each did with it.

Data notes

A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.

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Timeline

From introduction to signing, newest first: the committees, the floor and the president. 14 actions.

  1. Mar 10, 1978Became lawBecame law · Signed by President.
  2. PresidentPresident · Public Law 95-242.
  3. Feb 28, 1978PresidentPresident · Measure presented to President.
  4. PresidentPresident · Measure enrolled in Senate.
  5. PresidentPresident · Measure enrolled in House.
  6. Feb 9, 1978Resolving differencesResolving differences · House agreed to Senate amendment.
  7. Feb 7, 1978Resolving differencesResolving differences · Conference scheduled in Senate.
  8. FloorFloor · Measure passed Senate, amended, in lieu of S. 897, roll call #30 (88-3).Senate roll call 30
  9. FloorFloor · Measure called up by unanimous consent in Senate.
  10. Feb 6, 1978CommitteeCommittee · Discharged from Senate Foreign Relations Committee
  11. Sep 28, 1977FloorFloor · Measure passed House, amended, roll call #605 (411-0).House roll call 605
  12. Aug 5, 1977CommitteeCommittee · Reported by House Foreign Affairs Committee
  13. Jul 29, 1977CommitteeCommittee · Referred to House Foreign Affairs Committee
  14. IntroducedIntroduced · Introduced in the House
Data notes

Shows the introduction, each committee and subcommittee step the source dates (referral, hearings, markup, report, discharge), and the floor, conference, presidential and became-law steps. Calendar placements, messages between the chambers, amendments and committee report numbers are not shown for laws before the 108th Congress. Two entries the source lists twice are shown once.

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Official record

The bill’s full text and every action, including introduction and committee steps, are on Congress.gov. Data through Oct 7, 2026.