42 U.S.C. § 2160e — Congressional review and oversight of

Page 5463 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2160e Subsecs. (b), (c). Pub. L. 109–58, § 630(2), (3), added sub- sec. (b) and redesignated former subsec. (b) as (c). § 2160e. Congressional review and oversight of agreements with Iran (a) Transmission to Congress of nuclear agree- ments with Iran and verification assessment with respect to such agreements (1) Transmission of agreements Not later than 5 calendar days after reaching an agreement with Iran relating to the nuclear program of Iran, the President shall transmit to the appropriate congressional committees and leadership— (A) the agreement, as defined in subsection (h)(1), including all related materials and an- nexes; (B) a verification assessment report of the Secretary of State prepared under paragraph (2) with respect to the agreement; and (C) a certification that— (i) the agreement includes the appro- priate terms, conditions, and duration of the agreement’s requirements with respect to Iran’s nuclear activities and provisions describing any sanctions to be waived, sus- pended, or otherwise reduced by the United States, and any other nation or entity, in- cluding the United Nations; and (ii) the President determines the agree- ment meets United States non-prolifera- tion objectives, does not jeopardize the common defense and security, provides an adequate framework to ensure that Iran’s nuclear activities permitted thereunder will not be inimical to or constitute an un- reasonable risk to the common defense and security, and ensures that Iran’s nuclear activities permitted thereunder will not be used to further any nuclear-related mili- tary or nuclear explosive purpose, includ- ing for any research on or development of any nuclear explosive device or any other nuclear-related military purpose. (2) Verification assessment report (A) In general The Secretary of State shall prepare, with respect to an agreement described in para- graph (1), a report assessing— (i) the extent to which the Secretary will be able to verify that Iran is complying with its obligations and commitments under the agreement; (ii) the adequacy of the safeguards and other control mechanisms and other assur- ances contained in the agreement with re- spect to Iran’s nuclear program to ensure Iran’s activities permitted thereunder will not be used to further any nuclear-related military or nuclear explosive purpose, in- cluding for any research on or develop- ment of any nuclear explosive device or any other nuclear-related military pur- pose; and (iii) the capacity and capability of the International Atomic Energy Agency to effectively implement the verification re- gime required by or related to the agree- ment, including whether the International Atomic Energy Agency will have sufficient access to investigate suspicious sites or al- legations of covert nuclear-related activi- ties and whether it has the required fund- ing, manpower, and authority to under- take the verification regime required by or related to the agreement. (B) Assumptions In preparing a report under subparagraph (A) with respect to an agreement described in paragraph (1), the Secretary shall assume that Iran could— (i) use all measures not expressly prohib- ited by the agreement to conceal activities that violate its obligations and commit- ments under the agreement; and (ii) alter or deviate from standard prac- tices in order to impede efforts to verify that Iran is complying with those obliga- tions and commitments. (C) Classified annex A report under subparagraph (A) shall be transmitted in unclassified form, but shall include a classified annex prepared in con- sultation with the Director of National In- telligence, summarizing relevant classified information. (3) Exception (A) In general Neither the requirements of subparagraphs (B) and (C) of paragraph (1), nor subsections (b) through (g) of this section, shall apply to an agreement described in subsection (h)(5) or to the EU-Iran Joint Statement made on April 2, 2015. (B) Additional requirement Notwithstanding subparagraph (A), any agreement as defined in subsection (h)(1) and any related materials, whether concluded before or after May 22, 2015, shall not be sub- ject to the exception in subparagraph (A). (b) Period for review by Congress of nuclear agreements with Iran (1) In general During the 30-calendar day period following transmittal by the President of an agreement pursuant to subsection (a), the Committee on Foreign Relations of the Senate and the Com- mittee on Foreign Affairs of the House of Rep- resentatives shall, as appropriate, hold hear- ings and briefings and otherwise obtain infor- mation in order to fully review such agree- ment. (2) Exception The period for congressional review under paragraph (1) shall be 60 calendar days if an agreement, including all materials required to be transmitted to Congress pursuant to sub- section (a)(1), is transmitted pursuant to sub- section (a) between July 10, 2015, and Sep- tember 7, 2015. (3) Limitation on actions during initial con- gressional review period Notwithstanding any other provision of law, except as provided in paragraph (6), prior to and during the period for transmission of an Page 5464 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2160e agreement in subsection (a)(1) and during the period for congressional review provided in paragraph (1), including any additional period as applicable under the exception provided in paragraph (2), the President may not waive, suspend, reduce, provide relief from, or other- wise limit the application of statutory sanc- tions with respect to Iran under any provision of law or refrain from applying any such sanc- tions pursuant to an agreement described in subsection (a). (4) Limitation on actions during presidential consideration of a joint resolution of dis- approval Notwithstanding any other provision of law, except as provided in paragraph (6), if a joint resolution of disapproval described in sub- section (c)(2)(B) passes both Houses of Con- gress, the President may not waive, suspend, reduce, provide relief from, or otherwise limit the application of statutory sanctions with re- spect to Iran under any provision of law or re- frain from applying any such sanctions pursu- ant to an agreement described in subsection (a) for a period of 12 calendar days following the date of such passage. (5) Limitation on actions during congressional reconsideration of a joint resolution of dis- approval Notwithstanding any other provision of law, except as provided in paragraph (6), if a joint resolution of disapproval described in sub- section (c)(2)(B) passes both Houses of Con- gress, and the President vetoes such joint res- olution, the President may not waive, suspend, reduce, provide relief from, or otherwise limit the application of statutory sanctions with re- spect to Iran under any provision of law or re- frain from applying any such sanctions pursu- ant to an agreement described in subsection (a) for a period of 10 calendar days following the date of the President’s veto. (6) Exception The prohibitions under paragraphs (3) through (5) do not apply to any new deferral, waiver, or other suspension of statutory sanc- tions pursuant to the Joint Plan of Action if that deferral, waiver, or other suspension is made— (A) consistent with the law in effect on May 22, 2015; and (B) not later than 45 calendar days before the transmission by the President of an agreement, assessment report, and certifi- cation under subsection (a). (7) Definition In the House of Representatives, for pur- poses of this subsection, the terms ‘‘trans- mittal,’’ ‘‘transmitted,’’ and ‘‘transmission’’ mean transmittal, transmitted, and trans- mission, respectively, to the Speaker of the House of Representatives. (c) Effect of congressional action with respect to nuclear agreements with Iran (1) Sense of Congress It is the sense of Congress that— (A) the sanctions regime imposed on Iran by Congress is primarily responsible for bringing Iran to the table to negotiate on its nuclear program; (B) these negotiations are a critically im- portant matter of national security and for- eign policy for the United States and its closest allies; (C) this section does not require a vote by Congress for the agreement to commence; (D) this section provides for congressional review, including, as appropriate, for ap- proval, disapproval, or no action on statu- tory sanctions relief under an agreement; and (E) even though the agreement may com- mence, because the sanctions regime was imposed by Congress and only Congress can permanently modify or eliminate that re- gime, it is critically important that Con- gress have the opportunity, in an orderly and deliberative manner, to consider and, as appropriate, take action affecting the statu- tory sanctions regime imposed by Congress. (2) In general Notwithstanding any other provision of law, action involving any measure of statutory sanctions relief by the United States pursuant to an agreement subject to subsection (a) or the Joint Plan of Action— (A) may be taken, consistent with existing statutory requirements for such action, if, during the period for review provided in sub- section (b), there is enacted a joint resolu- tion stating in substance that the Congress does favor the agreement; (B) may not be taken if, during the period for review provided in subsection (b), there is enacted a joint resolution stating in sub- stance that the Congress does not favor the agreement; or (C) may be taken, consistent with existing statutory requirements for such action, if, following the period for review provided in subsection (b), there is not enacted any such joint resolution. (3) Definition For the purposes of this subsection, the phrase ‘‘action involving any measure of stat- utory sanctions relief by the United States’’ shall include waiver, suspension, reduction, or other effort to provide relief from, or other- wise limit the application of statutory sanc- tions with respect to, Iran under any provision of law or any other effort to refrain from ap- plying any such sanctions. (d) Congressional oversight of Iranian compli- ance with nuclear agreements (1) In general The President shall keep the appropriate congressional committees and leadership fully and currently informed of all aspects of Ira- nian compliance with respect to an agreement subject to subsection (a). (2) Potentially significant breaches and compli- ance incidents The President shall, within 10 calendar days of receiving credible and accurate information relating to a potentially significant breach or compliance incident by Iran with respect to an Page 5465 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2160e agreement subject to subsection (a), submit such information to the appropriate congres- sional committees and leadership. (3) Material breach report Not later than 30 calendar days after submit- ting information about a potentially signifi- cant breach or compliance incident pursuant to paragraph (2), the President shall make a determination whether such potentially sig- nificant breach or compliance issue con- stitutes a material breach and, if there is such a material breach, whether Iran has cured such material breach, and shall submit to the appropriate congressional committees and leadership such determination, accompanied by, as appropriate, a report on the action or failure to act by Iran that led to the material breach, actions necessary for Iran to cure the breach, and the status of Iran’s efforts to cure the breach. (4) Semi-annual report Not later than 180 calendar days after enter- ing into an agreement described in subsection (a), and not less frequently than once every 180 calendar days thereafter, the President shall submit to the appropriate congressional com- mittees and leadership a report on Iran’s nu- clear program and the compliance of Iran with the agreement during the period covered by the report, including the following elements: (A) Any action or failure to act by Iran that breached the agreement or is in non- compliance with the terms of the agreement. (B) Any delay by Iran of more than one week in providing inspectors access to facili- ties, people, and documents in Iran as re- quired by the agreement. (C) Any progress made by Iran to resolve concerns by the International Atomic En- ergy Agency about possible military dimen- sions of Iran’s nuclear program. (D) Any procurement by Iran of materials in violation of the agreement or which could otherwise significantly advance Iran’s abil- ity to obtain a nuclear weapon. (E) Any centrifuge research and develop- ment conducted by Iran that— (i) is not in compliance with the agree- ment; or (ii) may substantially reduce the break- out time of acquisition of a nuclear weap- on by Iran, if deployed. (F) Any diversion by Iran of uranium, car- bon-fiber, or other materials for use in Iran’s nuclear program in violation of the agree- ment. (G) Any covert nuclear activities under- taken by Iran, including any covert nuclear weapons-related or covert fissile material activities or research and development. (H) An assessment of whether any Iranian financial institutions are engaged in money laundering or terrorist finance activities, in- cluding names of specific financial institu- tions if applicable. (I) Iran’s advances in its ballistic missile program, including developments related to its long-range and inter-continental ballistic missile programs. (J) An assessment of— (i) whether Iran directly supported, fi- nanced, planned, or carried out an act of terrorism against the United States or a United States person anywhere in the world; (ii) whether, and the extent to which, Iran supported acts of terrorism, including acts of terrorism against the United States or a United States person anywhere in the world; (iii) all actions, including in inter- national fora, being taken by the United States to stop, counter, and condemn acts by Iran to directly or indirectly carry out acts of terrorism against the United States and United States persons; (iv) the impact on the national security of the United States and the safety of United States citizens as a result of any Iranian actions reported under this para- graph; and (v) all of the sanctions relief provided to Iran, pursuant to the agreement, and a de- scription of the relationship between each sanction waived, suspended, or deferred and Iran’s nuclear weapon’s program. (K) An assessment of whether violations of internationally recognized human rights in Iran have changed, increased, or decreased, as compared to the prior 180-day period. (5) Additional reports and information (A) Agency reports Following submission of an agreement pursuant to subsection (a) to the appropriate congressional committees and leadership, the Department of State, the Department of Energy, and the Department of Defense shall, upon the request of any of those com- mittees or leadership, promptly furnish to those committees or leadership their views as to whether the safeguards and other con- trols contained in the agreement with re- spect to Iran’s nuclear program provide an adequate framework to ensure that Iran’s activities permitted thereunder will not be inimical to or constitute an unreasonable risk to the common defense and security. (B) Provision of information on nuclear ini- tiatives with Iran The President shall keep the appropriate congressional committees and leadership fully and currently informed of any initia- tive or negotiations with Iran relating to Iran’s nuclear program, including any new or amended agreement. (6) Compliance certification After the review period provided in sub- section (b), the President shall, not less than every 90 calendar days— (A) determine whether the President is able to certify that— (i) Iran is transparently, verifiably, and fully implementing the agreement, includ- ing all related technical or additional agreements; (ii) Iran has not committed a material breach with respect to the agreement or, if Page 5466 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2160e Iran has committed a material breach, Iran has cured the material breach; (iii) Iran has not taken any action, in- cluding covert activities, that could sig- nificantly advance its nuclear weapons program; and (iv) suspension of sanctions related to Iran pursuant to the agreement is— (I) appropriate and proportionate to the specific and verifiable measures taken by Iran with respect to termi- nating its illicit nuclear program; and (II) vital to the national security in- terests of the United States; and (B) if the President determines he is able to make the certification described in sub- paragraph (A), make such certification to the appropriate congressional committees and leadership. (7) Sense of Congress It is the sense of Congress that— (A) United States sanctions on Iran for terrorism, human rights abuses, and bal- listic missiles will remain in place under an agreement, as defined in subsection (h)(1); (B) issues not addressed by an agreement on the nuclear program of Iran, including fair and appropriate compensation for Amer- icans who were terrorized and subjected to torture while held in captivity for 444 days after the seizure of the United States Em- bassy in Tehran, Iran, in 1979 and their fami- lies, the freedom of Americans held in Iran, the human rights abuses of the Government of Iran against its own people, and the con- tinued support of terrorism worldwide by the Government of Iran, are matters critical to ensure justice and the national security of the United States, and should be expedi- tiously addressed; (C) the President should determine the agreement in no way compromises the com- mitment of the United States to Israel’s se- curity, nor its support for Israel’s right to exist; and (D) in order to responsibly implement any long-term agreement reached between the P5+1 countries and Iran, it is critically im- portant that Congress have the opportunity to review any agreement and, as necessary, take action to modify the statutory sanc- tions regime imposed by Congress. (e) Expedited consideration of legislation (1) Initiation (A) In general In the event the President does not submit a certification pursuant to subsection (d)(6) during each 90-day period following the re- view period provided in subsection (b), or submits a determination pursuant to sub- section (d)(3) that Iran has materially breached an agreement subject to subsection (a) and the material breach has not been cured, qualifying legislation introduced within 60 calendar days of such event shall be entitled to expedited consideration pursu- ant to this subsection. (B) Definition In the House of Representatives, for pur- poses of this paragraph, the terms ‘‘submit’’ and ‘‘submits’’ mean submit and submits, re- spectively, to the Speaker of the House of Representatives. (2) Qualifying legislation defined For purposes of this subsection, the term ‘‘qualifying legislation’’ means only a bill of either House of Congress— (A) the title of which is as follows: ‘‘A bill reinstating statutory sanctions imposed with respect to Iran.’’; and (B) the matter after the enacting clause of which is: ‘‘Any statutory sanctions imposed with respect to Iran pursuant to llllll that were waived, suspended, reduced, or otherwise relieved pursuant to an agreement submitted pursuant to section 135(a) of the Atomic Energy Act of 1954 are hereby rein- stated and any action by the United States Government to facilitate the release of funds or assets to Iran pursuant to such agree- ment, or provide any further waiver, suspen- sion, reduction, or other relief pursuant to such agreement is hereby prohibited.’’, with the blank space being filled in with the law or laws under which sanctions are to be rein- stated. (3) Introduction During the 60-calendar day period provided for in paragraph (1), qualifying legislation may be introduced— (A) in the House of Representatives, by the majority leader or the minority leader; and (B) in the Senate, by the majority leader (or the majority leader’s designee) or the mi- nority leader (or the minority leader’s des- ignee). (4) Floor consideration in House of Represent- atives (A) Reporting and discharge If a committee of the House to which qualifying legislation has been referred has not reported such qualifying legislation within 10 legislative days after the date of referral, that committee shall be discharged from further consideration thereof. (B) Proceeding to consideration Beginning on the third legislative day after each committee to which qualifying legislation has been referred reports it to the House or has been discharged from fur- ther consideration thereof, it shall be in order to move to proceed to consider the qualifying legislation in the House. All points of order against the motion are waived. Such a motion shall not be in order after the House has disposed of a motion to proceed on the qualifying legislation with regard to the same agreement. The previous question shall be considered as ordered on the motion to its adoption without inter- vening motion. The motion shall not be de- batable. A motion to reconsider the vote by which the motion is disposed of shall not be in order. (C) Consideration The qualifying legislation shall be consid- ered as read. All points of order against the Page 5467 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2160e qualifying legislation and against its consid- eration are waived. The previous question shall be considered as ordered on the quali- fying legislation to final passage without in- tervening motion except two hours of debate equally divided and controlled by the spon- sor of the qualifying legislation (or a des- ignee) and an opponent. A motion to recon- sider the vote on passage of the qualifying legislation shall not be in order. (5) Consideration in the Senate (A) Committee referral Qualifying legislation introduced in the Senate shall be referred to the Committee on Foreign Relations. (B) Reporting and discharge If the Committee on Foreign Relations has not reported such qualifying legislation within 10 session days after the date of refer- ral of such legislation, that committee shall be discharged from further consideration of such legislation and the qualifying legisla- tion shall be placed on the appropriate cal- endar. (C) Proceeding to consideration Notwithstanding Rule XXII of the Stand- ing Rules of the Senate, it is in order at any time after the committee authorized to con- sider qualifying legislation reports it to the Senate or has been discharged from its con- sideration (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of qualifying legislation, and all points of order against qualifying legislation (and against consideration of the qualifying legislation) are waived. The motion to proceed is not de- batable. The motion is not subject to a mo- tion to postpone. A motion to reconsider the vote by which the motion is agreed to or dis- agreed to shall not be in order. If a motion to proceed to the consideration of the quali- fying legislation is agreed to, the qualifying legislation shall remain the unfinished busi- ness until disposed of. (D) Debate Debate on qualifying legislation, and on all debatable motions and appeals in connec- tion therewith, shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority leaders or their designees. A motion to further limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the qualifying legislation is not in order. (E) Vote on passage The vote on passage shall occur imme- diately following the conclusion of the de- bate on the qualifying legislation and a sin- gle quorum call at the conclusion of the de- bate, if requested in accordance with the rules of the Senate. (F) Rulings of the Chair on procedure Appeals from the decisions of the Chair re- lating to the application of the rules of the Senate, as the case may be, to the procedure relating to qualifying legislation shall be de- cided without debate. (G) Consideration of veto messages Debate in the Senate of any veto message with respect to qualifying legislation, in- cluding all debatable motions and appeals in connection with such qualifying legislation, shall be limited to 10 hours, to be equally di- vided between, and controlled by, the major- ity leader and the minority leader or their designees. (6) Rules relating to Senate and House of Rep- resentatives (A) Coordination with action by other House If, before the passage by one House of qualifying legislation of that House, that House receives qualifying legislation from the other House, then the following proce- dures shall apply: (i) The qualifying legislation of the other House shall not be referred to a com- mittee. (ii) With respect to qualifying legislation of the House receiving the legislation— (I) the procedure in that House shall be the same as if no qualifying legislation had been received from the other House; but (II) the vote on passage shall be on the qualifying legislation of the other House. (B) Treatment of a bill of other House If one House fails to introduce qualifying legislation under this section, the qualifying legislation of the other House shall be enti- tled to expedited floor procedures under this section. (C) Treatment of companion measures If, following passage of the qualifying leg- islation in the Senate, the Senate then re- ceives a companion measure from the House of Representatives, the companion measure shall not be debatable. (D) Application to revenue measures The provisions of this paragraph shall not apply in the House of Representatives to qualifying legislation which is a revenue measure. (f) Rules of House of Representatives and Senate Subsection (e) is enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such are deemed a part of the rules of each House, respectively, but ap- plicable only with respect to the procedure to be followed in that House in the case of legis- lation described in those sections, and super- sede other rules only to the extent that they are inconsistent with such rules; and (2) with full recognition of the constitu- tional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. (g) Rules of construction Nothing in the section shall be construed as— Page 5468 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2160e (1) modifying, or having any other impact on, the President’s authority to negotiate, enter into, or implement appropriate execu- tive agreements, other than the restrictions on implementation of the agreements specifi- cally covered by this section; (2) allowing any new waiver, suspension, re- duction, or other relief from statutory sanc- tions with respect to Iran under any provision of law, or allowing the President to refrain from applying any such sanctions pursuant to an agreement described in subsection (a) dur- ing the period for review provided in sub- section (b); (3) revoking or terminating any statutory sanctions imposed on Iran; or (4) authorizing the use of military force against Iran. (h) Definitions In this section: (1) Agreement The term ‘‘agreement’’ means an agreement related to the nuclear program of Iran that in- cludes the United States, commits the United States to take action, or pursuant to which the United States commits or otherwise agrees to take action, regardless of the form it takes, whether a political commitment or oth- erwise, and regardless of whether it is legally binding or not, including any joint comprehen- sive plan of action entered into or made be- tween Iran and any other parties, and any ad- ditional materials related thereto, including annexes, appendices, codicils, side agreements, implementing materials, documents, and guid- ance, technical or other understandings, and any related agreements, whether entered into or implemented prior to the agreement or to be entered into or implemented in the future. (2) Appropriate congressional committees The term ‘‘appropriate congressional com- mittees’’ means the Committee on Finance, the Committee on Banking, Housing, and Urban Affairs, the Select Committee on Intel- ligence, and the Committee on Foreign Rela- tions of the Senate and the Committee on Ways and Means, the Committee on Financial Services, the Permanent Select Committee on Intelligence, and the Committee on Foreign Affairs of the House of Representatives. (3) Appropriate congressional committees and leadership The term ‘‘appropriate congressional com- mittees and leadership’’ means the Committee on Finance, the Committee on Banking, Hous- ing, and Urban Affairs, the Select Committee on Intelligence, and the Committee on Foreign Relations, and the Majority and Minority Leaders of the Senate and the Committee on Ways and Means, the Committee on Financial Services, the Permanent Select Committee on Intelligence, and the Committee on Foreign Affairs, and the Speaker, Majority Leader, and Minority Leader of the House of Representa- tives. (4) Iranian financial institution The term ‘‘Iranian financial institution’’ has the meaning given the term in section 8513b(d) of title 22. (5) Joint Plan of Action The term ‘‘Joint Plan of Action’’ means the Joint Plan of Action, signed at Geneva No- vember 24, 2013, by Iran and by France, Ger- many, the Russian Federation, the People’s Republic of China, the United Kingdom, and the United States, and all implementing mate- rials and agreements related to the Joint Plan of Action, including the technical under- standings reached on January 12, 2014, the ex- tension thereto agreed to on July 18, 2014, the extension agreed to on November 24, 2014, and any materially identical extension that is agreed to on or after May 22, 2015. (6) EU-Iran Joint Statement The term ‘‘EU-Iran Joint Statement’’ means only the Joint Statement by EU High Rep- resentative Federica Mogherini and Iranian Foreign Minister Javad Zarif made on April 2, 2015, at Lausanne, Switzerland. (7) Material breach The term ‘‘material breach’’ means, with re- spect to an agreement described in subsection (a), any breach of the agreement, or in the case of non-binding commitments, any failure to perform those commitments, that substan- tially— (A) benefits Iran’s nuclear program; (B) decreases the amount of time required by Iran to achieve a nuclear weapon; or (C) deviates from or undermines the pur- poses of such agreement. (8) Noncompliance defined The term ‘‘noncompliance’’ means any de- parture from the terms of an agreement de- scribed in subsection (a) that is not a material breach. (9) P5+1 countries The term ‘‘P5+1 countries’’ means the United States, France, the Russian Federa- tion, the People’s Republic of China, the United Kingdom, and Germany. (10) United States person The term ‘‘United States person’’ has the meaning given that term in section 8511 of title 22. (Aug. 1, 1946, ch. 724, title I, § 135, as added Pub. L. 114–17, § 2, May 22, 2015, 129 Stat. 201.) Executive Documents DELEGATION OF CERTAIN FUNCTIONS AND AUTHORITIES UNDER SECTION 135 OF THE ATOMIC ENERGY ACT OF 1954 (42 U.S.C. 2011 ET SEQ.), AS AMENDED BY THE IRAN NU- CLEAR AGREEMENT REVIEW ACT OF 2015 Memorandum of President of the United States, July 17, 2015, 80 F.R. 43909, provided: Memorandum for the Secretary of State [and] the Secretary of the Treasury By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3 of the United States Code, I hereby order as follows: I hereby delegate the functions and authorities vest- ed in the President by the following provisions of sec- tion 135 of the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), as amended by the Iran Nuclear Agreement Re- view Act of 2015, as follows: • Section 135(a)(1) to the Secretary of State, in con- sultation with the Secretary of the Treasury as appro- priate; Page 5469 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2162 • Sections 135(d)(1)–(d)(3), (d)(5)(B), and (d)(6) to the Secretary of State, in consultation with other relevant agencies as appropriate; • Section 135(d)(4) to the Secretary of State, in con- sultation with the Secretary of the Treasury as appro- priate, with respect to the requirement to submit the report described in that provision and to prepare each of the required elements of the report, with the excep- tion of the required assessment related to money laun- dering or terrorist finance activities in section 135(d)(4)(H); • Section 135(d)(4)(H) to the Secretary of the Treas- ury, in consultation with the Secretary of State, with respect to preparation of the assessment described in that provision for inclusion in the report required by section 135(d)(4). Any reference in this memorandum to provisions of any act related to the subject of this memorandum shall be deemed to include references to any hereafter enacted provisions of law that are the same or substan- tially the same as such provisions. The Secretary of State is authorized and directed to publish this memorandum in the Federal Register. BARACK OBAMA. SUBCHAPTER XI—CONTROL OF INFORMATION § 2161. Policy of Commission It shall be the policy of the Commission to control the dissemination and declassification of Restricted Data in such a manner as to assure the common defense and security. Consistent with such policy, the Commission shall be guid- ed by the following principles: (a) Until effective and enforceable inter- national safeguards against the use of atomic energy for destructive purposes have been estab- lished by an international arrangement, there shall be no exchange of Restricted Data with other nations except as authorized by section 2164 of this title; and (b) The dissemination of scientific and tech- nical information relating to atomic energy should be permitted and encouraged so as to provide that free interchange of ideas and criti- cism which is essential to scientific and indus- trial progress and public understanding and to enlarge the fund of technical information. (Aug. 1, 1946, ch. 724, title I, § 141, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 940; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in section 1810(a) of this title, prior to the general amend- ment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954. § 2162. Classification and declassification of Re- stricted Data (a) Periodic determination The Commission shall from time to time de- termine the data, within the definition of Re- stricted Data, which can be published without undue risk to the common defense and security and shall thereupon cause such data to be de- classified and removed from the category of Re- stricted Data. (b) Continuous review The Commission shall maintain a continuous review of Restricted Data and of any Classifica- tion Guides issued for the guidance of those in the atomic energy program with respect to the areas of Restricted Data which have been declas- sified in order to determine which information may be declassified and removed from the cat- egory of Restricted Data without undue risk to the common defense and security. (c) Joint determination on atomic weapons; Pres- idential determination on disagreement In the case of Restricted Data which the Com- mission and the Department of Defense jointly determine to relate primarily to the military utilization of atomic weapons, the determina- tion that such data may be published without constituting an unreasonable risk to the com- mon defense and security shall be made by the Commission and the Department of Defense jointly, and if the Commission and the Depart- ment of Defense do not agree, the determination shall be made by the President. (d) Removal from Restricted Data category (1) The Commission shall remove from the Re- stricted Data category such data as the Com- mission and the Department of Defense jointly determine relates primarily to the military uti- lization of atomic weapons and which the Com- mission and Department of Defense jointly de- termine can be adequately safeguarded as de- fense information: Provided, however, That no such data so removed from the Restricted Data category shall be transmitted or otherwise made available to any nation or regional defense orga- nization, while such data remains defense infor- mation, except pursuant to an agreement for co- operation entered into in accordance with sub- section (b) or (d) of section 2164 of this title. (2) The Commission may restore to the Re- stricted Data category any information related to the design of nuclear weapons removed under paragraph (1) if the Commission and the Depart- ment of Defense jointly determine that— (A) the programmatic requirements that caused the information to be removed from the Restricted Data category are no longer ap- plicable or have diminished; (B) the information would be more appro- priately protected as Restricted Data; and (C) restoring the information to the Re- stricted Data category is in the interest of na- tional security. (3) In carrying out paragraph (2), information related to the design of nuclear weapons shall be restored to the Restricted Data category in ac- cordance with regulations prescribed for pur- poses of such paragraph. (e) Joint determination on atomic energy pro- grams (1) The Commission shall remove from the Re- stricted Data category such information con- cerning the atomic energy programs of other na- tions as the Commission and the Director of Na- tional Intelligence jointly determine to be nec- essary to carry out the provisions of section 102(d) of the National Security Act of 1947, as