
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC2153]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
          CHAPTER 23--DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
 
                        Division A--Atomic Energy
 
                 SUBCHAPTER X--INTERNATIONAL ACTIVITIES
 
Sec. 2153. Cooperation with other nations

    No cooperation with any nation, group of nations 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 agreements for cooperation; 
               Presidential exemptions; negotiations; Nuclear 
                     Proliferation Assessment Statement

        the proposed agreement for cooperation has been submitted to the 
    President, which proposed agreement shall include the terms, 
    conditions, duration, nature, and scope of the cooperation; and 
    shall include the following requirements:
            (1) a guaranty by the cooperating party that safeguards as 
        set forth in the agreement 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 cooperating 
        party, irrespective of the duration of other provisions in the 
        agreement or whether the agreement is terminated or suspended 
        for any reason;
            (2) in the case of non-nuclear-weapon states, a requirement, 
        as a condition of continued United States nuclear supply under 
        the agreement for cooperation, that IAEA safeguards be 
        maintained with respect to all nuclear materials in all peaceful 
        nuclear activities 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 cooperating party that no nuclear materials and equipment 
        or sensitive nuclear technology to be transferred pursuant to 
        such agreement, and no special nuclear material produced through 
        the use of any nuclear materials and equipment or sensitive 
        nuclear technology transferred pursuant to such agreement, will 
        be used for any nuclear explosive device, or for research on or 
        development 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 cooperation with nuclear-weapon states, a 
        stipulation that the United States shall have the right to 
        require the return of any nuclear 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 safeguards;
            (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 agreements 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 
        beyond the jurisdiction or control of the cooperating 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 
        material transferred pursuant to such agreement and with respect 
        to any special nuclear material used in or produced through the 
        use of any material, production facility, or utilization 
        facility transferred pursuant to such agreement;
            (7) except in the case of agreements for cooperation 
        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 agreement for 
        cooperation and no material used in or produced through the use 
        of any material, production facility, or utilization facility 
        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) otherwise altered in form or content without the 
        prior approval of the United States;
            (8) except in the case of agreements for cooperation 
        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 facility or 
        utilization facility transferred pursuant 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 cooperation 
        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 facility, or 
        utilization facility produced or constructed under the 
        jurisdiction of the cooperating 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 specified in this subsection.

    The President may exempt a proposed agreement for cooperation 
    (except an agreement arranged 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 
    requirement would be seriously prejudicial to the achievement of 
    United States non-proliferation objectives or otherwise jeopardize 
    the common defense and security. Except 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 negotiated by the Secretary of State, with 
    the technical assistance and concurrence of the Secretary of Energy; 
    and after consultation with the Commission shall be submitted to the 
    President jointly by the Secretary of State and the Secretary of 
    Energy accompanied by the views and recommendations of the Secretary 
    of State, the Secretary of Energy, and the Nuclear Regulatory 
    Commission. The Secretary of State shall also provide to the 
    President an unclassified Nuclear Proliferation Assessment Statement 
    (A) which shall analyze the consistency 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 subsection, 
    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 
    explosive purpose. Each Nuclear Proliferation Assessment Statement 
    prepared pursuant to this chapter shall be accompanied by a 
    classified annex, prepared in consultation with the Director 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 implemented by the 
    Department of Defense, by the Secretary of Defense;

    (b) Presidential approval and authorization for execution of 
                     proposed agreements for cooperation

        the President has submitted text of the proposed 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 period 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 requirements 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 unreasonable risk to, the common defense 
    and security;

      (c) Submittal of proposed agreements for cooperation to 
                          Congressional committees

        the proposed agreement for cooperation (if not an agreement 
    subject to subsection (d) of this section), 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 Foreign Relations of the Senate for a period of 
    thirty days of continuous session (as defined in section 2159(g) of 
    this title): Provided, however, That these committees, after having 
    received 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 material 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 Committee 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 Committee 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 enacted, 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 Nuclear Proliferation Assessment Statement prepared by the 
    Secretary of State, and any annexes thereto, when required by 
    subsection (a) of this section, have been submitted to the Congress: 
    Provided further, That an agreement for cooperation exempted by the 
    President pursuant to subsection (a) of this section from any 
    requirement contained in that subsection 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 Foreign Relations of the Senate 
    shall each hold hearings on the proposed agreement for cooperation 
    and submit a report to their respective 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 cooperation 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 Department of Energy, and the Department of 
Defense shall, upon the request of either of those committees, promptly 
furnish to those committees 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 cooperation which exempts the recipient nation 
from the requirement set forth in subsection (a)(2) of this section, 
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 license 
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 reviewed by the Congress.

(Aug. 1, 1946, ch. 724, title I, Sec. 123, as added Aug. 30, 1954, ch. 
1073, Sec. 1, 68 Stat. 940; amended Pub. L. 85-479, Secs. 3, 4, July 2, 
1958, 72 Stat. 277; Pub. L. 85-681, Sec. 4, Aug. 19, 1958, 72 Stat. 632; 
Pub. L. 88-489, Sec. 15, Aug. 26, 1964, 78 Stat. 606; Pub. L. 93-377, 
Sec. 5, Aug. 17, 1974, 88 Stat. 475; Pub. L. 93-485, Sec. 1, Oct. 26, 
1974, 88 Stat. 1460; Pub. L. 95-242, title IV, Sec. 401, Mar. 10, 1978, 
92 Stat. 142; Pub. L. 99-64, title III, Sec. 301(a), (b), July 12, 1985, 
99 Stat. 159, 160; renumbered title I, Pub. L. 102-486, title IX, 
Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 103-337, div. C, 
title XXXI, Sec. 3155(c)(1), Oct. 5, 1994, 108 Stat. 3092; Pub. L. 103-
437, Sec. 15(f)(5), Nov. 2, 1994, 108 Stat. 4592; Pub. L. 104-106, div. 
A, title XV, Sec. 1505(g), Feb. 10, 1996, 110 Stat. 515; Pub. L. 105-
277, div. G, title XII, Sec. 1225(d)(4), Oct. 21, 1998, 112 Stat. 2681-
774.)


                               Amendments

    1998--Pub. L. 105-277, Sec. 1225(d)(4)(C), in first undesignated 
paragraph of concluding provisions, struck out ``the Arms Control and 
Disarmament Agency,'' after ``Department of Energy,''.
    Subsec. (a). Pub. L. 105-277, Sec. 1225(d)(4)(A), in concluding 
provisions, struck out ``and in consultation with the Director of the 
Arms Control and Disarmament Agency (`the Director')'' before ``; and 
after consultation'', inserted ``and'' after ``Secretary of Energy,'', 
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 consultation with the 
Director of Central Intelligence, summarizing relevant classified 
information.'' after ``nuclear explosive purpose.''
    Subsec. (d). Pub. L. 105-277, Sec. 1225(d)(4)(B), in first proviso, 
substituted ``Nuclear Proliferation Assessment Statement prepared by the 
Secretary of State, and any annexes thereto,'' for ``Nuclear 
Proliferation Assessment 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 concluding provisions.
    1994--Pub. L. 103-437 substituted ``Foreign Affairs'' for 
``International Relations'' in penultimate paragraph.
    Pub. L. 103-337, Sec. 3155(c)(1)(A), substituted ``2164(c), or 
2164(d)'' for ``or 2164(c)'' in penultimate paragraph.
    Subsec. (a). Pub. L. 103-337, Sec. 3155(c)(1)(B), substituted 
``2164(b), or 2164(d)'' for ``or 2164(b)'' in provisions following par. 
(9).
    Pub. L. 103-337, Sec. 3155(c)(1)(A), substituted ``2164(c), or 
2164(d)'' for ``or 2164(c)'' wherever appearing.
    Subsec. (b). Pub. L. 103-437 substituted ``Foreign Affairs'' for 
``International Relations''.
    Pub. L. 103-337, Sec. 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 cooperation''.
    Subsec. (c). Pub. L. 103-437 substituted ``Foreign Affairs'' for 
``International Relations''.
    Subsec. (d). Pub. L. 103-437 substituted ``Foreign Affairs'' for 
``International Relations'' in two places.
    Pub. L. 103-337, Sec. 3155(c)(1)(A), substituted ``2164(c), or 
2164(d)'' for ``or 2164(c)'' in two places.
    1985--Subsec. (a). Pub. L. 99-64, Sec. 301(a)(1), in provisions 
following par. (9) inserted ``(A) which shall analyze the consistency 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 subsection, and (B)'' after ``Assessment Statement''.
    Subsec. (b). Pub. L. 99-64, Sec. 301(a)(2), inserted ``the President 
has submitted text of the proposed agreement for cooperation, 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 period 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 requirements of this chapter, and''.
    Subsec. (d). Pub. L. 99-64, Sec. 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 exempted by the President pursuant to 
subsection (a) of this section from any requirement contained in that 
subsection shall not become effective unless the Congress 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 Relations of the Senate 
shall each hold hearings on the proposed 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 submissions''.
    1978--Subsec. (a). Pub. L. 95-242 amended and carried forward into 
pars. (3), (5), and (6) the existing provisions relating to the terms 
and conditions required for inclusion 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 
objectives 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 provisions with only 
minor changes in punctuation.
    Subsec. (c). Pub. L. 95-242 inserted ``(if not an agreement subject 
to subsection (d) of this section)'' after ``the proposed agreement for 
cooperation'', substituted ``submitted to the Committee on International 
Relations of the House of Representatives and the Committee on Foreign 
Relations for a period of thirty days of continuous session (as defined 
in section 2159(g) of this title)'' for ``submitted to the Joint 
Committee and a period of thirty days has elapsed while Congress is in 
session (in computing 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 substituted 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 International Relations and Foreign 
Relations rather than the Joint Committee on Atomic Energy and that for 
major agreements the Nuclear Proliferation Assessment Statement, if any, 
prepared in conjunction with the President's review of the proposed 
agreement, also be submitted to the committees, and added unlettered 
paragraphs following 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).
    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 proposed 
agreements entailing implementation of sections 2073, 2074, 2133, or 
2134 of this title, or in relation to reactors capable of producing more 
than five thermal megawatts or special nuclear material in connection 
therewith, inserted provision requiring the Joint Committee 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 become 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 otherwise, 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, Sec. 3, inserted reference to section 2121 in 
opening par.
    Subsec. (a). Pub. L. 85-479, Sec. 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 relating to 
waiver waiting period.
    Subsec. (d). Pub. L. 85-479, Sec. 4, added subsec. (d).

                         Change of Name

    Committee on Foreign Affairs of House of Representatives treated as 
referring to Committee on International Relations of House of 
Representatives by section 1(a) of Pub. L. 104-14, set out as a note 
preceding section 21 of Title 2, The Congress.


                    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 reorganization 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

    Section 301(d) of Pub. L. 99-64 provided that: ``The amendments made 
by this section [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 requirement for the 
promulgation of implementing regulations, see section 603(c) of Pub. L. 
95-242, set out as an Effective Date note under section 3201 of Title 
22, Foreign Relations and Intercourse.


                    Effective Date of 1974 Amendment

    Section 2 of Pub. L. 93-485 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.''

                          Transfer of Functions

    Atomic Energy Commission abolished and functions transferred by 
sections 5814 and 5841 of this title. See also Transfer of Functions 
notes set out under those sections.


               Applicability of Notice and Wait Provisions

    Section 3155(b) of Pub. L. 103-337, as amended by Pub. L. 104-106, 
div. C, title XXXI, Sec. 3154(b), Feb. 10, 1996, 110 Stat. 624; Pub. L. 
104-201, div. C, title XXXI, Sec. 3160, Sept. 23, 1996, 110 Stat. 2843, 
provided that: ``Section 123 d. of the Atomic Energy Act of 1954 (42 
U.S.C. 2153(d)), as amended 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.''


       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 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, 
Foreign Relations and Intercourse.


               Fuel Cycle Evaluations; Report to Congress

    Pub. L. 95-601, Sec. 9, Nov. 6, 1978, 92 Stat. 2951, directed 
Commission to monitor and assist, as requested, International Fuel Cycle 
Evaluation and studies and evaluations of various nuclear fuel cycle 
systems by Department 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 information developed by and available to Commission on 
health, safety, and safeguards implications of leading fuel cycle 
technologies.


   Adequacy of Laws and Regulations Governing Export and Re-Export of 
  Nuclear Materials, etc., and Safeguards Preventing Proliferation of 
                            Nuclear Materials

    Pub. L. 93-500, Sec. 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 
relating to the design and development thereof, in order to curb further 
domestic and international nuclear proliferation, diversion, or theft of 
nuclear materials.


                         Cooperation With Berlin

    Act Aug. 1, 1946, ch. 724, title I, Sec. 125, as added by Apr. 12, 
1957, Pub. L. 85-14, 71 Stat. 11; amended by Aug. 17, 1974, Pub. L. 93-
377, Sec. 5, 88 Stat. 475; renumbered title I, Oct. 24, 1992, Pub. L. 
102-486, title IX, Sec. 902(a)(8), 106 Stat. 2944, provided that the 
President could authorize the Commission to enter into agreements for 
cooperation with the Federal Republic of Germany in accordance 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 required by this section were to be made by Berlin 
with the approval of the allied commandants.

              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, provided:
    Section 1. Whenever the President, pursuant to section 123 of the 
Act [this section], has approved and authorized the execution of a 
proposed agreement providing 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 Secretary 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 transfer arrangement referred to in that 
section will promote 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 determine that the proposed 
cooperation and the proposed communication of Restricted Data referred 
to in that section will promote and will not constitute an unreasonable 
risk to the common defense and security: Provided, That each 
determination made under this paragraph shall be referred to the 
President and, unless disapproved by him, shall become effective fifteen 
days after such referral or at such later time as may be specified in 
the determination.
    (3) The authority vested in the President by section 144c of the Act 
[section 2164(c) of this title] to determine that the proposed 
cooperation and the communication 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 Secretary of Energy 
are unable to agree upon a joint determination under the provisions of 
subsection (a) of this section, the recommendations of each of them, 
together 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 programs 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 2014, 2073, 2074, 2077, 
2094, 2112, 2121, 2133, 2134, 2153c, 2153d, 2153e, 2154, 2159, 2160, 
2164, 2201, 2291, 2294, 2295 of this title; title 22 section 3281.
