
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: 42USC2153c]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
          CHAPTER 23--DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
 
                        Division A--Atomic Energy
 
                 SUBCHAPTER X--INTERNATIONAL ACTIVITIES
 
Sec. 2153c. Renegotiation of agreements for cooperation


(a) Application to existing agreements of undertakings required of new 
        agreements after March 10, 1978

    The President shall initiate a program immediately to renegotiate 
agreements for cooperation in effect on March 10, 1978, or otherwise to 
obtain the agreement of parties to such agreements for cooperation to 
the undertakings that would be required for new agreements under this 
chapter. To the extent that an agreement for cooperation in effect on 
March 10, 1978, with a cooperating party contains provisions equivalent 
to any or all of the criteria set forth in section 2156 of this title 
with respect 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 materials 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 
equipment which have previously been transferred under an agreement for 
cooperation with the United States and which are under the jurisdiction 
or control of the cooperating party and with respect to any special 
nuclear material which is used in or produced through the use 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 2153(a) of this title, 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 this chapter shall 
be deemed to relinquish 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 conditions and policy goals

    The President shall annually review each of requirements (1) through 
(9) set forth for inclusion in agreements for cooperation under section 
2153(a) of this title and the export policy goals set forth in section 
2153b of this title to determine whether it is in the interest of United 
States non-proliferation objectives for any such requirements or export 
policies which are not already being applied as export 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 additional export criteria or to take any other 
action with respect to such requirements or export policy goals for the 
purpose of encouraging adherence 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 requirements or export policy 
goals, it shall report a joint resolution to implement such 
determination. Any joint resolution so reported shall be considered in 
the Senate and the House of Representatives, respectively, under 
applicable procedures provided for the consideration of resolutions 
pursuant to section 2159(b) through (g) of this title.

(Pub. L. 95-242, title IV, Sec. 404, Mar. 10, 1978, 92 Stat. 147; Pub. 
L. 103-437, Sec. 15(g), Nov. 2, 1994, 108 Stat. 4593.)

                       References in Text

    This Act, referred to in subsec. (a), means the Nuclear Non-
Proliferation Act of 1978, Pub. L. 95-242, Mar. 10, 1978, 92 Stat. 120, 
which is classified principally to chapter 47 (Sec. 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-Proliferation Act of 
1978, and not as part of the Atomic Energy 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''.

                         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

    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.

                         Delegation of Functions

    Secretary of State responsible for performing functions 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.


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 cooperation 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-enriched uranium in excess 
of such limits to nations which are parties to the Treaty on the Non-
Proliferation of Nuclear Weapons.
    ``Sec. 2. (a) The terms used in this joint resolution shall have the 
meanings ascribed to them by the Atomic 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.''


       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, Foreign Relations and Intercourse.

                  Section Referred to in Other Sections

    This section is referred to in section 2155 of this title; title 22 
section 3281.
