42 U.S.C. § 2153 — Cooperation with other nations

Page 5434 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2151 ments and medical isotope production to be conducted in the reactor without a large percentage increase in the total cost of oper- ating the reactor; (3) the term ‘‘highly enriched uranium’’ means uranium enriched to 20 percent or more in the isotope U–235; and (4) the term ‘‘medical isotope’’ includes mo- lybdenum-99, iodine-131, xenon-133, and other radioactive materials used to produce a radio- pharmaceutical for diagnostic or therapeutic procedures or for research and development. (Aug. 1, 1946, ch. 724, title I, § 112, as added Pub. L. 112–239, div. C, title XXXI, § 3176(a), Jan. 2, 2013, 126 Stat. 2215; Pub. L. 113–66, div. C, title XXXI, § 3144, Dec. 26, 2013, 127 Stat. 1071.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is clas- sified principally to this chapter. For complete classi- fication of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. AMENDMENTS 2013—Pub. L. 113–66 inserted section designation and catchline. SUBCHAPTER X—INTERNATIONAL ACTIVITIES § 2151. Effect of international arrangements Any provision of this chapter or any action of the Commission to the extent and during the time that it conflicts with the provisions of any international arrangements made after August 30, 1954 shall be deemed to be of no force or ef- fect. (Aug. 1, 1946, ch. 724, title I, § 121, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 939; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. PRIOR PROVISIONS Provisions similar to this section were contained in section 1808(a) of this title, prior to the general amend- ment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954. § 2152. Policies contained in international ar- rangements In the performance of its functions under this chapter, the Commission shall give maximum effect to the policies contained in any inter- national arrangement made after August 30, 1954. (Aug. 1, 1946, ch. 724, title I, § 122, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 939; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. PRIOR PROVISIONS Provisions similar to this section were contained in section 1808(c) of this title, prior to the general amend- ment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954. § 2153. Cooperation with other nations No cooperation with any nation, group of na- tions or regional defense organization pursuant to sections 2073, 2074(a), 2077, 2094, 2112, 2121, 2133, 2134, or 2164 of this title shall be undertaken until— (a) Terms, conditions, duration, nature, scope, and other requirements of proposed agree- ments for cooperation; Presidential exemp- tions; negotiations; Nuclear Proliferation Assessment Statement the proposed agreement for cooperation has been submitted to the President, which pro- posed agreement shall include the terms, con- ditions, duration, nature, and scope of the co- operation; and shall include the following re- quirements: (1) a guaranty by the cooperating party that safeguards as set forth in the agree- ment for cooperation will be maintained with respect to all nuclear materials and equipment transferred pursuant thereto, and with respect to all special nuclear material used in or produced through the use of such nuclear materials and equipment, so long as the material or equipment remains under the jurisdiction or control of the cooper- ating party, irrespective of the duration of other provisions in the agreement or wheth- er the agreement is terminated or suspended for any reason; (2) in the case of non-nuclear-weapon states, a requirement, as a condition of con- tinued United States nuclear supply under the agreement for cooperation, that IAEA safeguards be maintained with respect to all nuclear materials in all peaceful nuclear ac- tivities within the territory of such state, under its jurisdiction, or carried out under its control anywhere; (3) except in the case of those agreements for cooperation arranged pursuant to section 2121(c) of this title, a guaranty by the co- operating party that no nuclear materials and equipment or sensitive nuclear tech- nology to be transferred pursuant to such agreement, and no special nuclear material produced through the use of any nuclear ma- terials and equipment or sensitive nuclear Page 5435 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2153 technology transferred pursuant to such agreement, will be used for any nuclear ex- plosive device, or for research on or develop- ment of any nuclear explosive device, or for any other military purpose; (4) except in the case of those agreements for cooperation arranged pursuant to section 2121(c) of this title and agreements for co- operation with nuclear-weapon states, a stipulation that the United States shall have the right to require the return of any nu- clear materials and equipment transferred pursuant thereto and any special nuclear material produced through the use thereof if the cooperating party detonates a nuclear explosive device or terminates or abrogates an agreement providing for IAEA safe- guards; (5) a guaranty by the cooperating party that any material or any Restricted Data transferred pursuant to the agreement for cooperation and, except in the case of agree- ments arranged pursuant to section 2121(c), 2164(b), 2164(c), or 2164(d) of this title, any production or utilization facility transferred pursuant to the agreement for cooperation or any special nuclear material produced through the use of any such facility or through the use of any material transferred pursuant to the agreement, will not be transferred to unauthorized persons or be- yond the jurisdiction or control of the co- operating party without the consent of the United States; (6) a guaranty by the cooperating party that adequate physical security will be maintained with respect to any nuclear ma- terial transferred pursuant to such agree- ment and with respect to any special nuclear material used in or produced through the use of any material, production facility, or utili- zation facility transferred pursuant to such agreement; (7) except in the case of agreements for co- operation arranged pursuant to section 2121(c), 2164(b), 2164(c), or 2164(d) of this title, a guaranty by the cooperating party that no material transferred pursuant to the agree- ment for cooperation and no material used in or produced through the use of any mate- rial, production facility, or utilization facil- ity transferred pursuant to the agreement for cooperation will be reprocessed, enriched or (in the case of plutonium, uranium 233, or uranium enriched to greater than twenty percent in the isotope 235, or other nuclear materials which have been irradiated) other- wise altered in form or content without the prior approval of the United States; (8) except in the case of agreements for co- operation arranged pursuant to section 2121(c), 2164(b), 2164(c), or 2164(d) of this title, a guaranty by the cooperating party that no plutonium, no uranium 233, and no uranium enriched to greater than twenty percent in the isotope 235, transferred pursuant to the agreement for cooperation, or recovered from any source or special nuclear material so transferred or from any source or special nuclear material used in any production fa- cility or utilization facility transferred pur- suant to the agreement for cooperation, will be stored in any facility that has not been approved in advance by the United States; and (9) except in the case of agreements for co- operation arranged pursuant to section 2121(c), 2164(b), 2164(c), or 2164(d) of this title, a guaranty by the cooperating party that any special nuclear material, production fa- cility, or utilization facility produced or constructed under the jurisdiction of the co- operating party by or through the use of any sensitive nuclear technology transferred pursuant to such agreement for cooperation will be subject to all the requirements speci- fied in this subsection. The President may exempt a proposed agree- ment for cooperation (except an agreement ar- ranged pursuant to section 2121(c), 2164(b), 2164(c), or 2164(d) of this title) from any of the requirements of the foregoing sentence if he determines that inclusion of any such require- ment would be seriously prejudicial to the achievement of United States non-prolifera- tion objectives or otherwise jeopardize the common defense and security. Except in the case of those agreements for cooperation ar- ranged pursuant to section 2121(c), 2164(b), 2164(c), or 2164(d) of this title, any proposed agreement for cooperation shall be negotiated by the Secretary of State, with the technical assistance and concurrence of the Secretary of Energy; and after consultation with the Com- mission shall be submitted to the President jointly by the Secretary of State and the Sec- retary of Energy accompanied by the views and recommendations of the Secretary of State, the Secretary of Energy, and the Nu- clear Regulatory Commission. The Secretary of State shall also provide to the President an unclassified Nuclear Proliferation Assessment Statement (A) which shall analyze the consist- ency of the text of the proposed agreement for cooperation with all the requirements of this chapter, with specific attention to whether the proposed agreement is consistent with each of the criteria set forth in this sub- section, and (B) regarding the adequacy of the safeguards and other control mechanisms and the peaceful use assurances contained in the agreement for cooperation to ensure that any assistance furnished thereunder will not be used to further any military or nuclear explo- sive purpose. Each Nuclear Proliferation As- sessment Statement prepared pursuant to this chapter shall be accompanied by a classified annex, prepared in consultation with the Di- rector of Central Intelligence, summarizing relevant classified information. In the case of those agreements for cooperation arranged pursuant to section 2121(c), 2164(b), 2164(c), or 2164(d) of this title, any proposed agreement for cooperation shall be submitted to the President by the Secretary of Energy or, in the case of those agreements for cooperation arranged pursuant to section 2121(c), 2164(b), or 2164(d) of this title which are to be imple- mented by the Department of Defense, by the Secretary of Defense; Page 5436 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2153 (b) Presidential approval and authorization for execution of proposed agreements for co- operation the President has submitted text of the pro- posed agreement for cooperation (except an agreement arranged pursuant to section 2121(c), 2164(b), 2164(c), or 2164(d) of this title), together with the accompanying unclassified Nuclear Proliferation Assessment Statement, to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, the President has consulted with such Committees for a pe- riod of not less than thirty days of continuous session (as defined in section 2159(g) of this title) concerning the consistency of the terms of the proposed agreement with all the re- quirements of this chapter, and the President has approved and authorized the execution of the proposed agreement for cooperation and has made a determination in writing that the performance of the proposed agreement will promote, and will not constitute an unreason- able risk to, the common defense and security; (c) Submittal of proposed agreements for co- operation to Congressional committees the proposed agreement for cooperation (if not an agreement subject to subsection (d)), together with the approval and determination of the President, has been submitted to the Committee on Foreign Affairs of the House of Representatives and the Committee on For- eign Relations of the Senate for a period of thirty days of continuous session (as defined in section 2159(g) of this title): Provided, how- ever, That these committees, after having re- ceived such agreement for cooperation, may by resolution in writing waive the conditions of all or any portion of such thirty-day period; and (d) Congressional action the proposed agreement for cooperation (if arranged pursuant to section 2121(c), 2164(b), 2164(c), or 2164(d) of this title, or if entailing implementation of section 2073, 2074(a), 2133, or 2134 of this title in relation to a reactor that may be capable of producing more than five thermal megawatts or special nuclear mate- rial for use in connection therewith) has been submitted to the Congress, together with the approval and determination of the President, for a period of sixty days of continuous session (as defined in section 2159(g) of this title) and referred to the Committee on Foreign Affairs of the House of Representatives and the Com- mittee on Foreign Relations of the Senate, and in addition, in the case of a proposed agreement for cooperation arranged pursuant to section 2121(c), 2164(b), 2164(c), or 2164(d) of this title, the Committee on Armed Services of the House of Representatives and the Com- mittee on Armed Services of the Senate, but such proposed agreement for cooperation shall not become effective if during such sixty-day period the Congress adopts, and there is en- acted, a joint 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 Nu- clear Proliferation Assessment Statement pre- pared by the Secretary of State, and any an- nexes thereto, when required by subsection (a), have been submitted to the Congress: Pro- vided further, That an agreement for coopera- tion exempted by the President pursuant to subsection (a) from any requirement contained in that subsection, or an agreement exempted pursuant to section 8003(a)(1) of title 22, shall not become effective unless the Congress adopts, and there is enacted, a joint resolution stating that the Congress does favor such agreement. During the sixty-day period the Committee on Foreign Affairs of the House of Representatives and the Committee on For- eign Relations of the Senate shall each hold hearings on the proposed agreement for co- operation and submit a report to their respec- tive bodies recommending whether it should be approved or disapproved. Any such proposed agreement for cooperation shall be considered pursuant to the procedures set forth in section 2159(i) of this title. Following submission of a proposed agreement for cooperation (except an agreement for co- operation arranged pursuant to section 2121(c), 2164(b), 2164(c), or 2164(d) of this title) to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate, the Nuclear Regulatory Commission, the Department of State, the De- partment of Energy, and the Department of De- fense shall, upon the request of either of those committees, promptly furnish to those commit- tees 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 March 10, 1978, the Congress fails to disapprove a proposed agreement for coopera- tion which exempts the recipient nation from the requirement set forth in subsection (a)(2), such failure to act shall constitute a failure to adopt a resolution of disapproval pursuant to section 2157(b)(3) of this title for purposes of the Commission’s consideration of applications and requests under section 2155(a)(2) of this title and there shall be no congressional review pursuant to section 2157 of this title of any subsequent li- cense 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 re- viewed by the Congress. (e) Congressional committees informed of ini- tiatives or negotiations relating to coopera- tion agreements The President shall keep the Committee on Foreign Affairs of the House of Representa- tives and the Committee on Foreign Relations of the Senate fully and currently informed of any initiative or negotiations relating to a new or amended agreement for peaceful nu- clear cooperation pursuant to this section (ex- cept an agreement arranged pursuant to sec- tion 2121(c), 2164(b), 2164(c), or 2164(d) of this title, or an amendment thereto). Page 5437 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2153 (Aug. 1, 1946, ch. 724, title I, § 123, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 940; amended Pub. L. 85–479, §§ 3, 4, July 2, 1958, 72 Stat. 277; Pub. L. 85–681, § 4, Aug. 19, 1958, 72 Stat. 632; Pub. L. 88–489, § 15, Aug. 26, 1964, 78 Stat. 606; Pub. L. 93–377, § 5, Aug. 17, 1974, 88 Stat. 475; Pub. L. 93–485, § 1, Oct. 26, 1974, 88 Stat. 1460; Pub. L. 95–242, title IV, § 401, Mar. 10, 1978, 92 Stat. 142; Pub. L. 99–64, title III, § 301(a), (b), July 12, 1985, 99 Stat. 159, 160; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 103–337, div. C, title XXXI, § 3155(c)(1), Oct. 5, 1994, 108 Stat. 3092; Pub. L. 103–437, § 15(f)(5), Nov. 2, 1994, 108 Stat. 4592; Pub. L. 104–106, div. A, title XV, § 1505(g), Feb. 10, 1996, 110 Stat. 515; Pub. L. 105–277, div. G, title XII, § 1225(d)(4), Oct. 21, 1998, 112 Stat. 2681–774; Pub. L. 109–401, title I, § 104(e), Dec. 18, 2006, 120 Stat. 2734; Pub. L. 110–369, title II, § 202, Oct. 8, 2008, 122 Stat. 4033.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (b), was in the original ‘‘this Act’’, meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. AMENDMENTS 2008—Subsec. (e). Pub. L. 110–369 added subsec. (e). 2006—Subsec. (d). Pub. L. 109–401, in second proviso, inserted ‘‘, or an agreement exempted pursuant to sec- tion 8003(a)(1) of title 22,’’ after ‘‘that subsection’’. 1998—Pub. L. 105–277, § 1225(d)(4)(C), in first undesig- nated paragraph of concluding provisions, struck out ‘‘the Arms Control and Disarmament Agency,’’ after ‘‘Department of Energy,’’. Subsec. (a). Pub. L. 105–277, § 1225(d)(4)(A), in con- cluding provisions, struck out ‘‘and in consultation with the Director of the Arms Control and Disar- mament Agency (‘the Director’)’’ before ‘‘; and after consultation’’, inserted ‘‘and’’ after ‘‘Secretary of En- ergy,’’, substituted ‘‘Commission. The Secretary of State’’ for ‘‘Commission, and the Director, who’’, and inserted ‘‘Each Nuclear Proliferation Assessment Statement prepared pursuant to this chapter shall be accompanied by a classified annex, prepared in con- sultation with the Director of Central Intelligence, summarizing relevant classified information.’’ after ‘‘nuclear explosive purpose.’’ Subsec. (d). Pub. L. 105–277, § 1225(d)(4)(B), in first pro- viso, substituted ‘‘Nuclear Proliferation Assessment Statement prepared by the Secretary of State, and any annexes thereto,’’ for ‘‘Nuclear Proliferation Assess- ment Statement prepared by the Director of the Arms Control and Disarmament Agency,’’ and substituted ‘‘have been’’ for ‘‘has been’’. 1996—Subsec. (a). Pub. L. 104–106 substituted ‘‘, 2164(b), or 2164(d)’’ for ‘‘2164(b), or 2164(d)’’ in con- cluding provisions. 1994—Pub. L. 103–437 substituted ‘‘Foreign Affairs’’ for ‘‘International Relations’’ in penultimate para- graph. Pub. L. 103–337, § 3155(c)(1)(A), substituted ‘‘2164(c), or 2164(d)’’ for ‘‘or 2164(c)’’ in penultimate paragraph. Subsec. (a). Pub. L. 103–337, § 3155(c)(1)(B), substituted ‘‘2164(b), or 2164(d)’’ for ‘‘or 2164(b)’’ in provisions fol- lowing par. (9). Pub. L. 103–337, § 3155(c)(1)(A), substituted ‘‘2164(c), or 2164(d)’’ for ‘‘or 2164(c)’’ wherever appearing. Subsec. (b). Pub. L. 103–437 substituted ‘‘Foreign Af- fairs’’ for ‘‘International Relations’’. Pub. L. 103–337, § 3155(c)(1)(C), inserted ‘‘(except an agreement arranged pursuant to section 2121(c), 2164(b), 2164(c), or 2164(d) of this title)’’ after ‘‘the President has submitted text of the proposed agreement for coopera- tion’’. Subsec. (c). Pub. L. 103–437 substituted ‘‘Foreign Af- fairs’’ for ‘‘International Relations’’. Subsec. (d). Pub. L. 103–437 substituted ‘‘Foreign Af- fairs’’ for ‘‘International Relations’’ in two places. Pub. L. 103–337, § 3155(c)(1)(A), substituted ‘‘2164(c), or 2164(d)’’ for ‘‘or 2164(c)’’ in two places. 1985—Subsec. (a). Pub. L. 99–64, § 301(a)(1), in provi- sions following par. (9) inserted ‘‘(A) which shall ana- lyze the consistency of the text of the proposed agree- ment for cooperation with all the requirements of this chapter, with specific attention to whether the pro- posed agreement is consistent with each of the criteria set forth in this subsection, and (B)’’ after ‘‘Assessment Statement’’. Subsec. (b). Pub. L. 99–64, § 301(a)(2), inserted ‘‘the President has submitted text of the proposed agree- ment for cooperation, together with the accompanying unclassified Nuclear Proliferation Assessment State- ment, to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, the President has consulted with such Committees for a period of not less than thir- ty days of continuous session (as defined in section 2159(g) of this title) concerning the consistency of the terms of the proposed agreement with all the require- ments of this chapter, and’’. Subsec. (d). Pub. L. 99–64, § 301(a)(3), (b), substituted ‘‘adopts, and there is enacted, a joint resolution’’ for ‘‘adopts a concurrent resolution’’, inserted a further proviso directing that an agreement for cooperation ex- empted by the President pursuant to subsection (a) of this section from any requirement contained in that subsection shall not become effective unless the Con- gress adopts, and there is enacted, a joint resolution stating that the Congress does favor such agreement, inserted sentence directing that during the sixty-day period the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Rela- tions of the Senate shall each hold hearings on the pro- posed agreement for cooperation and submit a report to their respective bodies recommending whether it should be approved or disapproved, and substituted ‘‘section 2159(i) of this title’’ for ‘‘section 2159 of this title for the consideration of Presidential submis- sions’’. 1978—Pub. L. 95–242 added unlettered paragraphs fol- lowing subsec. (d) relating to the submission of agency views to Congressional committees and the failure of the Congress to act on agreements which exempt the recipient nation from the requirements of subsec. (a)(2). Subsec. (a). Pub. L. 95–242 amended and carried for- ward into pars. (3), (5), and (6) the existing provisions relating to the terms and conditions required for inclu- sion in all new agreements for cooperation, inserted new terms and conditions set out in pars. (1), (2), (4), (7), (8), and (9), inserted provisions empowering the President to exempt proposed agreements from any of the requirements if he determines that inclusion of the requirement would be seriously prejudicial to the achievement of United States nonproliferation objec- tives or jeopardize the common defense and security for any other reason, provided for Congressional rejection of any such Presidential exemption, and provided that agreements be negotiated by the Department of State, with an exception for defense related agreements. Subsec. (b). Pub. L. 95–242 reenacted existing provi- sions with only minor changes in punctuation. Subsec. (c). Pub. L. 95–242 inserted ‘‘(if not an agree- ment subject to subsection (d))’’ after ‘‘the proposed agreement for cooperation’’, substituted ‘‘submitted to the Committee on International Relations of the House of Representatives and the Committee on Foreign Rela- tions for a period of thirty days of continuous session (as defined in section 2159(g) of this title)’’ for ‘‘sub- mitted to the Joint Committee and a period of thirty days has elapsed while Congress is in session (in com- Page 5438 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2153 puting such thirty days, there shall be excluded the days on which either House is not in session because of the adjournment of more than three days)’’, and sub- stituted reference to ‘‘these committees’’ for reference to ‘‘the Joint Committee’’ in proviso. Subsec. (d). Pub. L. 95–242 provided that proposed agreements be laid before the Committees on Inter- national Relations and Foreign Relations rather than the Joint Committee on Atomic Energy and that for major agreements the Nuclear Proliferation Assess- ment Statement, if any, prepared in conjunction with the President’s review of the proposed agreement, also be submitted to the committees. 1974—Pub. L. 93–377 substituted reference to section 2074(a) of this title for reference to section 2074 of this title in opening par. Subsec. (d). Pub. L. 93–485 inserted reference to pro- posed agreements entailing implementation of sections 2073, 2074, 2133, or 2134 of this title, or in relation to re- actors capable of producing more than five thermal megawatts or special nuclear material in connection therewith, inserted provision requiring the Joint Com- mittee to submit a report to Congress of its views and recommendations respecting the proposed agreement and an accompanying proposed concurrent resolution favoring or otherwise of such agreement within the first thirty days of the sixty day period and providing that such concurrent resolution so reported shall be- come the pending business of the House in question within twenty-five days and shall be voted on within five days thereafter unless such House determined oth- erwise, and struck out the proviso that during the 85th Congress the waiting period shall be thirty days. 1964—Pub. L. 88–489 inserted reference to section 2073 in opening par. 1958—Pub. L. 85–479, § 3, inserted reference to section 2121 in opening par. Subsec. (a). Pub. L. 85–479, § 3, included agreements for cooperation arranged pursuant to section 2121(c) of this title, and inserted in cl. (3) the exception in the case of agreements arranged pursuant to section 2121(c) of this title. Subsec. (c). Pub. L. 85–681 inserted proviso clause re- lating to waiver waiting period. Subsec. (d). Pub. L. 85–479, § 4, added subsec. (d). Statutory Notes and Related Subsidiaries CHANGE OF NAME Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence com- munity deemed to be a reference to the Director of Na- tional Intelligence. Reference to the Director of Cen- tral Intelligence or the Director of the Central Intel- ligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a ref- erence to the Director of the Central Intelligence Agen- cy. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of Title 50, War and National Defense. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–277 effective on earlier of Apr. 1, 1999, or date of abolition of the United States Arms Control and Disarmament Agency pursuant to re- organization plan described in section 6601 of Title 22, Foreign Relations and Intercourse, see section 1201 of Pub. L. 105–277, set out as an Effective Date note under section 6511 of Title 22. EFFECTIVE DATE OF 1985 AMENDMENT Pub. L. 99–64, title III, § 301(d), July 12, 1985, 99 Stat. 162, provided that: ‘‘The amendments made by this sec- tion [amending this section and section 2159 of this title] shall apply to any agreement for cooperation which is entered into after the date of the enactment of this Act [July 12, 1985].’’ EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–242 effective Mar. 10, 1978, except as otherwise provided and regardless of any re- quirement for the promulgation of implementing regu- lations, see section 603(c) of Pub. L. 95–242, set out as an Effective Date note under section 3201 of Title 22, For- eign Relations and Intercourse. EFFECTIVE DATE OF 1974 AMENDMENT Pub. L. 93–485, § 2, Oct. 26, 1974, 88 Stat. 1460, provided that: ‘‘This Act [amending this section] shall apply to proposed agreements for cooperation and to proposed amendments to agreements for cooperation hereafter [Oct. 26, 1974] submitted to the Congress.’’ LIMITATION ON PRODUCTION OF NUCLEAR PROLIFERATION ASSESSMENT STATEMENTS Pub. L. 116–92, div. A, title XII, § 1264, Dec. 20, 2019, 133 Stat. 1692, provided that: ‘‘(a) LIMITATION.—The Secretary of State may not provide to the President, and the President may not submit to Congress, a Nuclear Proliferation Assess- ment Statement described in subsection a. of section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) with respect to a proposed cooperation agreement with any country that has not signed and implemented an Additional Protocol with the International Atomic En- ergy Agency, other than a country with which, as of June 19, 2019, there is in effect a civilian nuclear co- operation agreement pursuant to such section 123. ‘‘(b) WAIVER.—The limitation under subsection (a) shall be waived with respect to a particular country be- ginning on the date that is 90 days after the date on which the President submits to the appropriate con- gressional committees a report describing the manner in which such agreement would advance the national security and defense interests of the United States and not contribute to the proliferation of nuclear weapons. ‘‘(c) FORM.—The report described in subsection (b) shall be submitted in unclassified form but may include a classified annex. ‘‘(d) APPROPRIATE CONGRESSIONAL COMMITTEES DE- FINED.—In this section, the term ‘appropriate congres- sional committees’ means— ‘‘(1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and ‘‘(2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Rep- resentatives.’’ SUPPORT FOR UNITED STATES-REPUBLIC OF KOREA CIVIL NUCLEAR COOPERATION Pub. L. 113–81, Feb. 12, 2014, 128 Stat. 1007, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Support for United States-Republic of Korea Civil Nuclear Cooperation Act’. ‘‘SEC. 2. FINDINGS. ‘‘Congress makes the following findings: ‘‘(1) In the 60th year of the alliance, the relation- ship between the United States and the Republic of Korea could not be stronger. It is based on mutual sacrifice, mutual respect, shared interests, and shared responsibility to promote peace and security in the Asia-Pacific region and throughout the world. ‘‘(2) North Korea’s nuclear weapons programs, in- cluding uranium enrichment and plutonium reproc- essing technologies, undermine security on the Ko- rean Peninsula. The United States and the Republic of Korea have a shared interest in preventing further proliferation, including through the implementation of the 2005 Joint Statement of the Six-Party Talks. ‘‘(3) Both the United States and Republic of Korea have a shared objective in strengthening the Treaty on the Non-Proliferation of Nuclear Weapons, done at London, Moscow, and Washington July 1, 1968, and a Page 5439 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2153 political and a commercial interest in working col- laboratively to address challenges to their respective peaceful civil nuclear programs. ‘‘(4) The nuclear energy agreement referred to in section 3 is scheduled to expire on March 19, 2014. In order to maintain healthy and uninterrupted co- operation in this area between the two countries while a new agreement is being negotiated, Congress should authorize the President to extend the duration of the current agreement until March 19, 2016. ‘‘SEC. 3. EXTENSION OF NUCLEAR ENERGY AGREE- MENT WITH THE REPUBLIC OF KOREA. ‘‘Notwithstanding section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153), the President is authorized to take such actions as may be required to extend the term of the Agreement for Cooperation between the Government of the United States of America and the Government of the Republic of Korea Concerning Civil Uses of Atomic Energy, done at Washington November 24, 1972 (24 UST 775; TIAS 7583), and amended on May 15, 1974 (25 UST 1102; TIAS 7842), to a date that is not later than March 19, 2016. ‘‘SEC. 4. REPORT TO CONGRESS ON PROGRESS OF NEGOTIATIONS BETWEEN THE UNITED STATES AND REPUBLIC OF KOREA. ‘‘Not later than 180 days after the date of the enact- ment of this Act [Feb. 12, 2014], and every 180 days thereafter until a new Agreement for Cooperation be- tween the Government of the United States of America and the Government of the Republic of Korea Con- cerning Civil Uses of Nuclear Energy is submitted to Congress, the President shall provide to the Committee on Foreign Relations and the Committee on Appropria- tions of the Senate and the Committee on Foreign Af- fairs and the Committee on Appropriations of the House of Representatives a report on the progress of negotiations on a new civil nuclear cooperation agree- ment.’’ [Memorandum of President of the United States, July 11, 2014, 79 F.R. 43917, delegated to the Secretary of State the reporting functions under section 4 of Pub. L. 113–81, set out above.] APPLICABILITY OF NOTICE AND WAIT PROVISIONS Pub. L. 103–337, div. C, title XXXI, § 3155(b), Oct. 5, 1994, 108 Stat. 3092, as amended by Pub. L. 104–201, div. C, title XXXI, § 3160, Sept. 23, 1996, 110 Stat. 2843; Pub. L. 107–314, div. D, title XLV, § 4501(b), formerly Pub. L. 104–106, div. C, title XXXI, § 3154(b), Feb. 10, 1996, 110 Stat. 624, renumbered § 4501(b) of Pub. L. 107–314 by Pub. L. 108–136, div. C, title XXXI, § 3141(h)(2)(A)–(C), Nov. 24, 2003, 117 Stat. 1771, provided that: ‘‘Section 123 d. of the Atomic Energy Act of 1954 (42 U.S.C. 2153(d)), as amend- ed by subsection (c), shall not apply to a proposed agreement for cooperation under section 144 d. of such Act [42 U.S.C. 2164(d)], as inserted by subsection (a), until October 1, 1997.’’ FUEL CYCLE EVALUATIONS; REPORT TO CONGRESS Pub. L. 95–601, § 9, Nov. 6, 1978, 92 Stat. 2951, directed Commission to monitor and assist, as requested, Inter- national Fuel Cycle Evaluation and studies and evalua- tions of various nuclear fuel cycle systems by Depart- ment of Energy in progress as of Nov. 6, 1978, and report to Congress semiannually through calendar year 1980 and annually through calendar year 1982 on status of domestic and international evaluations of nuclear fuel cycle systems, with report to include a summary of in- formation developed by and available to Commission on health, safety, and safeguards implications of lead- ing fuel cycle technologies. ADEQUACY OF LAWS AND REGULATIONS GOVERNING EX- PORT AND RE-EXPORT OF NUCLEAR MATERIALS, ETC., AND SAFEGUARDS PREVENTING PROLIFERATION OF NU- CLEAR MATERIALS Pub. L. 93–500, § 14, Oct. 29, 1974, 88 Stat. 1557, directed President to review and report to Congress within six months after Oct. 29, 1974, on all laws and pertinent regulations issued thereunder, governing the export and re-export of nuclear materials and information re- lating to the design and development thereof, in order to curb further domestic and international nuclear pro- liferation, diversion, or theft of nuclear materials. COOPERATION WITH BERLIN Act Aug. 1, 1946, ch. 724, title I, § 125, as added by Apr. 12, 1957, Pub. L. 85–14, 71 Stat. 11; amended by Aug. 17, 1974, Pub. L. 93–377, § 5, 88 Stat. 475; renumbered title I, Oct. 24, 1992, Pub. L. 102–486, title IX, § 902(a)(8), 106 Stat. 2944, provided that the President could authorize the Commission to enter into agreements for coopera- tion with the Federal Republic of Germany in accord- ance with this section, on behalf of Berlin, which for the purposes of this chapter comprised those areas over which the Berlin Senate exercised jurisdiction (the United States, British, and French sectors) and the Commission could thereafter cooperate with Berlin pursuant to section 2074(a), 2077, 2094, 2112, 2133, or 2134 of this title, with provision that the guaranties re- quired by this section were to be made by Berlin with the approval of the allied commandants. Executive Documents PERFORMANCE OF FUNCTIONS PENDING DEVELOPMENT OF PROCEDURES The performance of functions under this chapter, as amended by the Nuclear Non-Proliferation Act of 1978, Pub. L. 95–242, Mar. 10, 1978, 92 Stat. 120, not to be de- layed pending development of procedures even though as many as 120 days [after Mar. 10, 1978] are allowed for establishing those procedures, see section 5(b) of Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out under section 3201 of Title 22, Foreign Relations and Inter- course. EX. ORD. NO. 10841. INTERNATIONAL COOPERATION Ex. Ord. No. 10841, eff. Sept. 30, 1959, 24 F.R. 7941, as amended by Ex. Ord. No. 10956, eff. Aug. 10, 1961, 26 F.R. 7315; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, pro- vided: SECTION 1. Whenever the President, pursuant to sec- tion 123 of the Act [this section], has approved and au- thorized the execution of a proposed agreement pro- viding for cooperation pursuant to section 91c, 144a, 144b, or 144c of the Act [sections 2121(c), 2164(a), 2164(b), 2164 (c) of this title], such approval and authorization by the President shall constitute his authorization to cooperate to the extent provided for in the agreement and in the manner provided for in section 91c, 144a, 144b, or 144c [sections 2121(c), 2164(a), 2164(b), or 2164(c) of this title], as pertinent. In respect of sections 91c, 144b, and 144c [sections 2121(c), 2164(b), and 2164(c) of this title], authorizations by the President to cooperate shall be subject to the requirements of sections 123d of the Act [subsec. (d) of this section] and shall also be subject to appropriate determinations made pursuant to section 2 of this order. SEC. 2. (a) The Secretary of Defense and the Sec- retary of Energy are hereby designated and empowered to exercise jointly, after consultation with executive agencies as may be appropriate, the following-described authority without the approval, ratification, or other action of the President: (1) The authority vested in the President by section 91c of the Act [section 2121(c) of this title] to determine that the proposed cooperation and each proposed trans- fer arrangement referred to in that section will pro- mote and will not constitute an unreasonable risk to the common defense and security. (2) The authority vested in the President by section 144b of the Act [section 2164(b) of this title] to deter- mine that the proposed cooperation and the proposed communication of Restricted Data referred to in that section will promote and will not constitute an unrea- sonable risk to the common defense and security: Pro- Page 5440 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2153a vided, That each determination made under this para- graph shall be referred to the President and, unless dis- approved by him, shall become effective fifteen days after such referral or at such later time as may be spec- ified in the determination. (3) The authority vested in the President by section 144c of the Act [section 2164(c) of this title] to deter- mine that the proposed cooperation and the commu- nication of the proposed Restricted Data referred to in that section will promote and will not constitute an unreasonable risk to the common defense and security. (b) Whenever the Secretary of Defense and the Sec- retary of Energy are unable to agree upon a joint deter- mination under the provisions of subsection (a) of this section, the recommendations of each of them, to- gether with the recommendations of other agencies concerned, shall be referred to the President, and the determination shall be made by the President. SEC. 3. This order shall not be construed as delegating the function vested in the President by section 91c of the Act [section 2121(c) of this title] of approving pro- grams proposed under that section. SEC. 4. (a) The functions of negotiating and entering into international agreements under the Act [this chapter] shall be performed by or under the authority of the Secretary of State. (b) International cooperation under the Act [this chapter] shall be subject to the responsibilities of the Secretary of State with respect to the foreign policy of the United States pertinent thereto. § 2153a. Approval for enrichment after export of source or special nuclear material; export of major critical components of enrichment fa- cilities (a) Except as specifically provided in any agreement for cooperation, no source or special nuclear material hereafter exported from the United States may be enriched after export without the prior approval of the United States for such enrichment: Provided, That the proce- dures governing such approvals shall be iden- tical to those set forth for the approval of pro- posed subsequent arrangements under section 2160 of this title, and any commitments from the recipient which the Secretary of Energy and the Secretary of State deem necessary to ensure that such approval will be obtained prior to such enrichment shall be obtained prior to the sub- mission of the executive branch judgment re- garding 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 re- actor fueling to any nation or group of nations which has, after March 10, 1978, 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 component of any uranium en- richment, nuclear fuel reprocessing, or heavy water production facility shall be exported under any agreement for cooperation (except an agreement for cooperation pursuant to section 2121(c), 2164(b), or 2164(c) of this title) unless such agreement for cooperation specifically des- ignates such components as items to be exported pursuant to the agreement for cooperation. For purposes of this subsection, the term ‘‘major critical component’’ means any component part or group of component parts which the Presi- dent determines to be essential to the operation of a complete uranium enrichment, nuclear fuel reprocessing, or heavy water production facility. (Pub. L. 95–242, title IV, § 402, Mar. 10, 1978, 92 Stat. 145.) Editorial Notes CODIFICATION Section was enacted as part of the Nuclear Non-Pro- liferation Act of 1978, and not as part of the Atomic En- ergy Act of 1954 which comprises this chapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Mar. 10, 1978, except as otherwise provided and regardless of any requirements for the promulgation of implementing regulations, see section 603(c) of Pub. L. 95–242, set out as a note under section 3201 of Title 22, Foreign Relations and Intercourse. Executive Documents DELEGATION OF FUNCTIONS Delegation or assignment to Secretary of Energy of function vested in President under subsec. (b) of this section, see section 1(a) of Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out under section 3201 of Title 22, Foreign Relations and Intercourse. PERFORMANCE OF FUNCTIONS PENDING DEVELOPMENT OF PROCEDURES The performance of functions under the Nuclear Non- Proliferation Act of 1978, Pub. L. 95–242, Mar. 10, 1978, 92 Stat. 120, not to be delayed pending development of procedures even though as many as 120 days [after Mar. 10, 1978] are allowed for establishing those procedures, see section 5(b) of Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out under section 3201 of Title 22, For- eign Relations and Intercourse. § 2153b. Export policies relating to peaceful nu- clear activities and international nuclear trade The President shall take immediate and vig- orous steps to seek agreement from all nations and groups of nations to commit themselves to adhere to the following export policies with re- spect to their peaceful nuclear activities and their participation in international nuclear trade: (a) Undertakings by transferee nations receiving nuclear material and equipment or sensitive nuclear technology No nuclear materials and equipment and no sensitive nuclear technology within the terri- tory of any nation or group of nations, under its jurisdiction, or under its control anywhere will be transferred to the jurisdiction of any other nation or group of nations unless the nation or group of nations receiving such transfer com- mits itself to strict undertakings including, but not limited to, provisions sufficient to ensure that— (1) no nuclear materials and equipment and no nuclear technology in, under the jurisdic- tion of, or under the control of any non-nu- clear-weapon state, shall be used for nuclear explosive devices for any purpose or for re- search on or development of nuclear explosive devices for any purpose, except as permitted by Article V, the Treaty; (2) IAEA safeguards will be applied to all peaceful nuclear activities in, under the juris-