42 U.S.C. § 2153c — Renegotiation of agreements for coopera-

Page 5441 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2153c diction of, or under the control of any non-nu- clear-weapon state; (3) adequate physical security measures will be established and maintained by any nation or group of nations on all of its nuclear activi- ties; (4) no nuclear materials and equipment and no nuclear technology intended for peaceful purposes in, under the jurisdiction of, or under the control of any nation or group of nations shall be transferred to the jurisdiction of any other nation or group of nations which does not agree to stringent undertakings meeting the objectives of this section; and (5) no nation or group of nations will assist, encourage, or induce any non-nuclear-weapon state to manufacture or otherwise acquire any nuclear explosive device. (b) Enrichment of source or special nuclear ma- terial only under effective international aus- pices and inspection (1) No source or special nuclear material with- in the territory of any nation or group of na- tions, under its jurisdiction, or under its control anywhere will be enriched (as described in sec- tion 2014(aa)(2) of this title) or reprocessed, no irradiated fuel elements containing such mate- rial which are to be removed from a reactor will be altered in form or content, and no fabrication or stockpiling involving plutonium, uranium 233, or uranium enriched to greater than 20 per- cent in the isotope 235 shall be performed except in a facility under effective international aus- pices and inspection, and any such irradiated fuel elements shall be transferred to such a fa- cility as soon as practicable after removal from a reactor consistent with safety requirements. Such facilities shall be limited in number to the greatest extent feasible and shall be carefully sited and managed so as to minimize the pro- liferation and environmental risks associated with such facilities. In addition, there shall be conditions to limit the access of non-nuclear- weapon states other than the host country to sensitive nuclear technology associated with such facilities. (2) Any facilities within the territory of any nation or group of nations, under its jurisdic- tion, or under its control anywhere for the nec- essary short-term storage of fuel elements con- taining plutonium, uranium 233, or uranium en- riched to greater than 20 percent in the isotope 235 prior to placement in a reactor or of irradi- ated fuel elements prior to transfer as required in subparagraph (1) shall be placed under effec- tive international auspices and inspection. (c) Establishment of physical security measures Adequate physical security measures will be established and maintained with respect to all nuclear activities within the territory of each nation and group of nations, under its jurisdic- tion, or under its control anywhere, and with re- spect to any international shipment of signifi- cant quantities of source or special nuclear ma- terial or irradiated source or special nuclear ma- terial, which shall also be conducted under international safeguards. (d) United States military activities Nothing in this section shall be interpreted to require international control or supervision of any United States military activities. (Pub. L. 95–242, title IV, § 403, Mar. 10, 1978, 92 Stat. 146.) 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 Secretary of State responsible for performing func- tions vested in President under this section, see section 2(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. § 2153c. Renegotiation of agreements for coopera- tion (a) Application to existing agreements of under- takings required of new agreements after March 10, 1978 The President shall initiate a program imme- diately to renegotiate agreements for coopera- tion in effect on March 10, 1978, or otherwise to obtain the agreement of parties to such agree- ments for cooperation to the undertakings that would be required for new agreements under the 1954 Act. To the extent that an agreement for cooperation in effect on March 10, 1978, with a cooperating party contains provisions equiva- lent to any or all of the criteria set forth in sec- tion 127 of the 1954 Act [42 U.S.C. 2156] with re- spect to materials and equipment transferred pursuant thereto or with respect to any special nuclear material used in or produced through the use of any such material or equipment, any renegotiated agreement with that cooperating party shall continue to contain an equivalent provision with respect to such transferred mate- rials and equipment and such special nuclear material. To the extent that an agreement for cooperation in effect on March 10, 1978, with a cooperating party does not contain provisions with respect to any nuclear materials and equip- ment which have previously been transferred under an agreement for cooperation with the United States and which are under the jurisdic- tion or control of the cooperating party and with respect to any special nuclear material which is used in or produced through the use Page 5442 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2153d 1 So in original. thereof and which is under the jurisdiction or control of the cooperating party, which are equivalent to any or all of those required for new and amended agreements for cooperation under section 123 a. of the 1954 Act [42 U.S.C. 2153(a)], the President shall vigorously seek to obtain the application of such provisions with respect to such nuclear materials and equipment and such special nuclear material. Nothing in this Act or in the 1954 Act shall be deemed to re- linquish any rights which the United States may have under any agreement for cooperation in force on March 10, 1978. (b) Presidential review of export agreement con- ditions and policy goals The President shall annually review each of requirements (1) through (9) set forth for inclu- sion in agreements for cooperation under sec- tion 123 a. of the 1954 Act [42 U.S.C. 2153(a)] and the export policy goals set forth in section 2153b of this title to determine whether it is in the in- terest of United States non-proliferation objec- tives for any such requirements or export poli- cies which are not already being applied as ex- port criteria to be enacted as additional export criteria. (c) Presidential proposals for additional export criteria If the President proposes enactment of any such requirements or export policies as addi- tional export criteria or to take any other ac- tion with respect to such requirements or export policy goals for the purpose of encouraging ad- herence by nations and groups of nations to such requirements and policies, he shall submit such a proposal together with an explanation thereof to the Congress. (d) Congressional action If the Committee on Foreign Relations of the Senate or the Committee on Foreign Affairs of the House of Representatives, after reviewing the President’s annual report or any proposed legislation, determines that it is in the interest of United States non-proliferation objectives to take any action with respect to such require- ments or export policy goals, it shall report a joint resolution to implement such determina- tion. Any joint resolution so reported shall be considered in the Senate and the House of Rep- resentatives, respectively, under applicable pro- cedures provided for the consideration of resolu- tions pursuant to subsection 1 130 b. through g. of the 1954 Act [42 U.S.C. 2159(b) through (g)]. (Pub. L. 95–242, title IV, § 404, Mar. 10, 1978, 92 Stat. 147; Pub. L. 103–437, § 15(g), Nov. 2, 1994, 108 Stat. 4593.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (a), means the Nu- clear Non-Proliferation Act of 1978, Pub. L. 95–242, Mar. 10, 1978, 92 Stat. 120, which is classified principally to chapter 47 (§ 3201 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 3201 of Title 22 and Tables. 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. Section 2153b of this title, referred to in subsec. (b), was in the original ‘‘section 401’’, meaning section 401 of Pub. L. 95–242, which amended section 2153 of this title. Section 401 has been translated as section 2153b of this title, which was enacted by section 403 of Pub. L. 95–242, to reflect the probable intent of Congress in view of the reference to the export policy goals which are set forth in section 2153b of this title. AMENDMENTS 1994—Subsec. (d). Pub. L. 103–437 substituted ‘‘Foreign Affairs’’ for ‘‘International Relations’’. 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. SUPPLY OF ADDITIONAL LOW-ENRICHED URANIUM UNDER INTERNATIONAL AGREEMENTS FOR COOPERATION IN CIVIL USES OF NUCLEAR ENERGY Pub. L. 96–280, June 18, 1980, 94 Stat. 550, provided that: ‘‘SECTION 1. Limits contained in agreements for co- operation on the amount of low-enriched uranium which may be transferred by or exported from the United States pursuant thereto shall not be construed to preclude transfer or export of amounts of low-en- riched uranium in excess of such limits to nations which are parties to the Treaty on the Non-Prolifera- tion of Nuclear Weapons. ‘‘SEC. 2. (a) The terms used in this joint resolution shall have the meanings ascribed to them by the Atom- ic Energy Act of 1954 [this chapter] and by the Nuclear Non-Proliferation Act of 1978 [22 U.S.C. 3201 et seq.]. ‘‘(b) The term ‘low-enriched uranium’ means uranium enriched to less than 20 per centum in the isotope 235.’’ DEFINITIONS For definitions of terms used in this section, see sec- tion 3203 of Title 22, Foreign Relations and Intercourse. Executive Documents DELEGATION OF FUNCTIONS Secretary of State responsible for performing func- tions vested in President under this section, see section 2(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. § 2153d. Authority to continue agreements for co- operation entered into prior to March 10, 1978 (a) The amendments to section 2153 of this title made by this Act shall not affect the au- thority to continue cooperation pursuant to