
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: 42USC2164]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
          CHAPTER 23--DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
 
                        Division A--Atomic Energy
 
                  SUBCHAPTER XI--CONTROL OF INFORMATION
 
Sec. 2164. International cooperation


(a) By Commission

    The President may authorize the Commission to cooperate with another 
nation and to communicate to that nation Restricted Data on--
        (1) refining, purification, and subsequent treatment of source 
    material;
        (2) civilian reactor development;
        (3) production of special nuclear material;
        (4) health and safety;
        (5) industrial and other applications of atomic energy for 
    peaceful purposes; and
        (6) research and development relating to the foregoing:

Provided, however, That no such cooperation shall involve the 
communication of Restricted Data relating to the design or fabrication 
of atomic weapons: And provided further, That the cooperation is 
undertaken pursuant to an agreement for cooperation entered into in 
accordance with section 2153 of this title, or is undertaken pursuant to 
an agreement existing on August 30, 1954.

(b) By Department of Defense

    The President may authorize the Department of Defense, with the 
assistance of the Commission, to cooperate with another nation or with a 
regional defense organization to which the United States is a party, and 
to communicate to that nation or organization such Restricted Data 
(including design information) as is necessary to--
        (1) the development of defense plans;
        (2) the training of personnel in the employment of and defense 
    against atomic weapons and other military applications of atomic 
    energy;
        (3) the evaluation of the capabilities of potential enemies in 
    the employment of atomic weapons and other military applications of 
    atomic energy; and
        (4) the development of compatible delivery systems for atomic 
    weapons;

whenever the President determines that the proposed cooperation and the 
proposed communication of the Restricted Data will promote and will not 
constitute an unreasonable risk to the common defense and security, 
while such other nation or organization is participating with the United 
States pursuant to an international arrangement by substantial and 
material contributions to the mutual defense and security: Provided, 
however, That the cooperation is undertaken pursuant to an agreement 
entered into in accordance with section 2153 of this title.

(c) Exchange of information concerning atomic weapons; research, 
        development, or design, of military reactors

    In addition to the cooperation authorized in subsections (a) and (b) 
of this section, the President may authorize the Commission, with the 
assistance of the Department of Defense, to cooperate with another 
nation and--
        (1) to exchange with that nation Restricted Data concerning 
    atomic weapons: Provided, That communication of such Restricted Data 
    to that nation is necessary to improve its atomic weapon design, 
    development, or fabrication capability and provided that nation has 
    made substantial progress in the development of atomic weapons; and
        (2) to communicate or exchange with that nation Restricted Data 
    concerning research, development, or design, of military reactors,

whenever the President determines that the proposed cooperation and the 
communication of the proposed Restricted Data will promote and will not 
constitute an unreasonable risk to the common defense and security, 
while such other nation is participating with the United States pursuant 
to an international arrangement by substantial and material 
contributions to the mutual defense and security: Provided, however, 
That the cooperation is undertaken pursuant to an agreement entered into 
in accordance with section 2153 of this title.

(d) By Department of Energy

    (1) In addition to the cooperation authorized in subsections (a), 
(b), and (c) of this section, the President may, upon making a 
determination described in paragraph (2), authorize the Department of 
Energy, with the assistance of the Department of Defense, to cooperate 
with another nation to communicate to that nation such Restricted Data, 
and the President may, upon making such determination, authorize the 
Department of Defense, with the assistance of the Department of Energy, 
to cooperate with another nation to communicate to that nation such data 
removed from the Restricted Data category under section 2162 of this 
title, as is necessary for--
        (A) the support of a program for the control of and accounting 
    for fissile material and other weapons material;
        (B) the support of the control of and accounting for atomic 
    weapons;
        (C) the verification of a treaty; and
        (D) the establishment of international standards for the 
    classification of data on atomic weapons, data on fissile material, 
    and related data.

    (2) A determination referred to in paragraph (1) is a determination 
that the proposed cooperation and proposed communication referred to in 
that paragraph--
        (A) will promote the common defense and security interests of 
    the United States and the nation concerned; and
        (B) will not constitute an unreasonable risk to such common 
    defense and security interests.

    (3) Cooperation under this subsection shall be undertaken pursuant 
to an agreement for cooperation entered into in accordance with section 
2153 of this title.

(e) Communication of data by other Government agencies

    The President may authorize any agency of the United States to 
communicate in accordance with the terms and conditions of an agreement 
for cooperation arranged pursuant to subsection (a), (b), (c), or (d) of 
this section, such Restricted Data as is determined to be transmissible 
under the agreement for cooperation involved.

(Aug. 1, 1946, ch. 724, title I, Sec. 144, as added Aug. 30, 1954, ch. 
1073, Sec. 1, 68 Stat. 942; amended Pub. L. 85-479, Secs. 5-7, July 2, 
1958, 72 Stat. 278; 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(a), (c)(4), Oct. 5, 1994, 108 Stat. 3091, 3092.)


                               Amendments

    1994--Subsec. (d). Pub. L. 103-337, Sec. 3155(a)(2), added subsec. 
(d). Former subsec. (d) redesignated (e).
    Subsec. (e). Pub. L. 103-337, Sec. 3155(c)(4), substituted ``(c), or 
(d)'' for ``or (c)''.
    Pub. L. 103-337, Sec. 3155(a)(1), redesignated subsec. (d) as (e).
    1958--Subsec. (a). Pub. L. 85-479, Sec. 5, substituted ``civilian 
reactor development'' for ``reactor development'' in cl. (2).
    Subsec. (b). Pub. L. 85-479, Sec. 6, authorized communication of 
design information, of data concerning other military applications of 
atomic energy necessary for the training of personnel or for the 
evaluation of the capabilities of potential enemies, and of data 
necessary to the development of compatible delivery systems for atomic 
weapons, and struck out provisions which prohibited communication of 
data which would reveal important information concerning the design or 
fabrication of the nuclear components of atomic weapons.
    Subsecs. (c), (d). Pub. L. 85-479, Sec. 7, added subsecs. (c) and 
(d).

                          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.

                         Delegation of Functions

    Authority vested in President by subsecs. (b) and (c) of this 
section delegated to Secretary of Defense and Secretary of Energy, see 
section 2(a)(2) and (3) of Ex. Ord. No. 10841, as amended, set out as a 
note under section 2153 of this title.


                       Prohibition on Inspections

    Pub. L. 104-106, div. C, title XXXI, Sec. 3154(a), Feb. 10, 1996, 
110 Stat. 624, provided that:
    ``(1) The Secretary of Energy may not allow an inspection of a 
nuclear weapons facility by the International Atomic Energy Agency until 
the Secretary certifies to Congress that no restricted data will be 
revealed during such inspection.
    ``(2) For purposes of paragraph (1), the term `restricted data' has 
the meaning provided by section 11 y. of the Atomic Energy Act of 1954 
(42 U.S.C. 2014(y)).''

                  Section Referred to in Other Sections

    This section is referred to in sections 2014, 2153, 2153a, 2153f, 
2154, 2159, 2160 of this title; title 10 section 2536.
