42 U.S.C. § 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)

section 2121(c) of this title except in the case of those agreements for cooperation arranged pursuant to , 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)

section 2121(c) of this title except in the case of those agreements for cooperation arranged pursuant to 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

section 2159(g) of this titlethe 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 ) 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

section 2159(g) of this titleProvided, howeverthe proposed agreement for cooperation (if not an agreement subject to subsection (d)), 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 ): , 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

section 2159(g) of this titleProvidedProvided furthersection 8003(a)(1) of title 22 section 2159(i) of this titlethe 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 ) 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: , 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), have been submitted to the Congress: , That an agreement for cooperation exempted by the President pursuant to subsection (a) from any requirement contained in that subsection, or an agreement exempted pursuant to , 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 .

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.

March 10, 1978section 2157(b)(3) of this title section 2155(a)(2) of this title section 2157 of this titleIf, after , the Congress fails to disapprove a proposed agreement for cooperation which exempts the recipient nation from the requirement set forth in subsection (a)(2), such failure to act shall constitute a failure to adopt a resolution of disapproval pursuant to for purposes of the Commission’s consideration of applications and requests under and there shall be no congressional review pursuant to 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.

(e)

Congressional committees informed of initiatives or negotiations relating to cooperation agreements

The President shall keep the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate fully and currently informed of any initiative or negotiations relating to a new or amended agreement for peaceful nuclear cooperation pursuant to this section (except an agreement arranged pursuant to section 2121(c), 2164(b), 2164(c), or 2164(d) of this title, or an amendment thereto).

Aug. 1, 1946, ch. 724 Aug. 30, 1954, ch. 1073, § 1 68 Stat. 940 Pub. L. 85–479July 2, 195872 Stat. 277 Pub. L. 85–681, § 4Aug. 19, 195872 Stat. 632 Pub. L. 88–489, § 15Aug. 26, 196478 Stat. 606 Pub. L. 93–377, § 5Aug. 17, 197488 Stat. 475 Pub. L. 93–485, § 1Oct. 26, 197488 Stat. 1460 Pub. L. 95–242, title IV, § 401Mar. 10, 197892 Stat. 142 Pub. L. 99–64, title III, § 301(a)July 12, 198599 Stat. 159 Pub. L. 102–486, title IX, § 902(a)(8)Oct. 24, 1992106 Stat. 2944 Pub. L. 103–337, div. C, title XXXI, § 3155(c)(1)Oct. 5, 1994108 Stat. 3092 Pub. L. 103–437, § 15(f)(5)Nov. 2, 1994108 Stat. 4592 Pub. L. 104–106, div. A, title XV, § 1505(g)Feb. 10, 1996110 Stat. 515 Pub. L. 105–277, div. G, title XII, § 1225(d)(4)Oct. 21, 1998112 Stat. 2681–774 Pub. L. 109–401, title I, § 104(e)Dec. 18, 2006120 Stat. 2734 Pub. L. 110–369, title II, § 202Oct. 8, 2008122 Stat. 4033(, title I, § 123, as added , ; amended , §§ 3, 4, , ; , , ; , , ; , , ; , , ; , , ; , (b), , , 160; renumbered title I, , , ; , , ; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

act Aug. 1, 1946, ch. 724 act Aug. 30, 1954, ch. 1073, § 1 68 Stat. 919 section 2011 of this titleThis chapter, referred to in subsecs. (a) and (b), was in the original “this Act”, meaning , as added by , , known as the Atomic Energy Act of 1954, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Amendments

Pub. L. 110–3692008—Subsec. (e). added subsec. (e).

Pub. L. 109–401 section 8003(a)(1) of title 222006—Subsec. (d). , in second proviso, inserted “, or an agreement exempted pursuant to ,” after “that subsection”.

Pub. L. 105–277, § 1225(d)(4)(A)Subsec. (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.”

Pub. L. 105–277, § 1225(d)(4)(B)Subsec. (d). , 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”.

Pub. L. 104–1061996—Subsec. (a). substituted “, 2164(b), or 2164(d)” for “2164(b), or 2164(d)” in concluding provisions.

Pub. L. 103–4371994— substituted “Foreign Affairs” for “International Relations” in penultimate paragraph.

Pub. L. 103–337, § 3155(c)(1)(A), substituted “2164(c), or 2164(d)” for “or 2164(c)” in penultimate paragraph.

Pub. L. 103–337, § 3155(c)(1)(B)Subsec. (a). , substituted “2164(b), or 2164(d)” for “or 2164(b)” in provisions following par. (9).

Pub. L. 103–337, § 3155(c)(1)(A), substituted “2164(c), or 2164(d)” for “or 2164(c)” wherever appearing.

Pub. L. 103–437Subsec. (b). substituted “Foreign Affairs” for “International Relations”.

Pub. L. 103–337, § 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”.

Pub. L. 103–437Subsec. (c). substituted “Foreign Affairs” for “International Relations”.

Pub. L. 103–437Subsec. (d). substituted “Foreign Affairs” for “International Relations” in two places.

Pub. L. 103–337, § 3155(c)(1)(A), substituted “2164(c), or 2164(d)” for “or 2164(c)” in two places.

Pub. L. 99–64, § 301(a)(1)1985—Subsec. (a). , 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”.

Pub. L. 99–64, § 301(a)(2)section 2159(g) of this titleSubsec. (b). , 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 ) concerning the consistency of the terms of the proposed agreement with all the requirements of this chapter, and”.

Pub. L. 99–64, § 301(a)(3)section 2159(i) of this title section 2159 of this titleSubsec. (d). , (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 “” for “ for the consideration of Presidential submissions”.

Pub. L. 95–2421978— 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).

Pub. L. 95–242Subsec. (a). 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.

Pub. L. 95–242Subsec. (b). reenacted existing provisions with only minor changes in punctuation.

Pub. L. 95–242 section 2159(g) of this titleSubsec. (c). inserted “(if not an agreement subject to subsection (d))” 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 )” 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.

Pub. L. 95–242Subsec. (d). 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.

Pub. L. 93–377 section 2074(a) of this title section 2074 of this title1974— substituted reference to for reference to in opening par.

Pub. L. 93–485Subsec. (d). 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.

Pub. L. 88–4891964— inserted reference to section 2073 in opening par.

Pub. L. 85–479, § 31958—, inserted reference to section 2121 in opening par.

Pub. L. 85–479, § 3 section 2121(c) of this title section 2121(c) of this titleSubsec. (a). , included agreements for cooperation arranged pursuant to , and inserted in cl. (3) the exception in the case of agreements arranged pursuant to .

Pub. L. 85–681Subsec. (c). inserted proviso clause relating to waiver waiting period.

Pub. L. 85–479, § 4Subsec. (d). , added subsec. (d).

Statutory Notes and Related Subsidiaries

Change of Name

Pub. L. 108–458 section 3001 of Title 50Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of , set out as a note under , War and National Defense.

Effective Date of 1998 Amendment

Pub. L. 105–277Apr. 1, 1999section 6601 of Title 22 section 1201 of Pub. L. 105–277 section 6511 of Title 22Amendment by effective on earlier of , or date of abolition of the United States Arms Control and Disarmament Agency pursuant to reorganization plan described in , Foreign Relations and Intercourse, see , set out as an Effective Date note under .

Effective Date of 1985 Amendment

Pub. L. 99–64, title III, § 301(d)July 12, 198599 Stat. 162

section 2159 of this titleJuly 12, 1985“The amendments made by this section [amending this section and ] shall apply to any agreement for cooperation which is entered into after the date of the enactment of this Act [].”

, , , provided that:

Effective Date of 1978 Amendment

Pub. L. 95–242Mar. 10, 1978section 603(c) of Pub. L. 95–242 section 3201 of Title 22Amendment by effective , except as otherwise provided and regardless of any requirement for the promulgation of implementing regulations, see , set out as an Effective Date note under , Foreign Relations and Intercourse.

Effective Date of 1974 Amendment

Pub. L. 93–485, § 2Oct. 26, 197488 Stat. 1460

Oct. 26, 1974“This Act [amending this section] shall apply to proposed agreements for cooperation and to proposed amendments to agreements for cooperation hereafter [] submitted to the Congress.”

, , , provided that:

Limitation on Production of Nuclear Proliferation Assessment Statements

Pub. L. 116–92, div. A, title XII, § 1264Dec. 20, 2019133 Stat. 1692

“(a)

Limitation .—

42 U.S.C. 2153June 19, 2019The Secretary of State may not provide to the President, and the President may not submit to Congress, a Nuclear Proliferation Assessment Statement described in subsection a. of section 123 of the Atomic Energy Act of 1954 () with respect to a proposed cooperation agreement with any country that has not signed and implemented an Additional Protocol with the International Atomic Energy Agency, other than a country with which, as of , there is in effect a civilian nuclear cooperation agreement pursuant to such section 123.

“(b)

Waiver .—

The limitation under subsection (a) shall be waived with respect to a particular country beginning on the date that is 90 days after the date on which the President submits to the appropriate congressional committees a report describing the manner in which such agreement would advance the national security and defense interests of the United States and not contribute to the proliferation of nuclear weapons.

“(c)

Form .—

The report described in subsection (b) shall be submitted in unclassified form but may include a classified annex.

“(d)

Appropriate Congressional Committees Defined .—

In this section, the term ‘appropriate congressional committees’ means—

“(1)

the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and

“(2)

the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.”

, , , provided that:

Support for United States-Republic of Korea Civil Nuclear Cooperation

Pub. L. 113–81Feb. 12, 2014128 Stat. 1007

“SECTION 1.

SHORT TITLE.

“This Act may be cited as the ‘Support for United States-Republic of Korea Civil Nuclear Cooperation Act’.

“SEC. 2.

FINDINGS.

“Congress makes the following findings:

“(1)

In the 60th year of the alliance, the relationship between the United States and the Republic of Korea could not be stronger. It is based on mutual sacrifice, mutual respect, shared interests, and shared responsibility to promote peace and security in the Asia-Pacific region and throughout the world.

“(2)

North Korea’s nuclear weapons programs, including uranium enrichment and plutonium reprocessing technologies, undermine security on the Korean Peninsula. The United States and the Republic of Korea have a shared interest in preventing further proliferation, including through the implementation of the 2005 Joint Statement of the Six-Party Talks.

“(3)

July 1, 1968 Both the United States and Republic of Korea have a shared objective in strengthening the Treaty on the Non-Proliferation of Nuclear Weapons, done at London, Moscow, and Washington , and a political and a commercial interest in working collaboratively to address challenges to their respective peaceful civil nuclear programs.

“(4)

March 19, 2014March 19, 2016 The nuclear energy agreement referred to in section 3 is scheduled to expire on . In order to maintain healthy and uninterrupted cooperation in this area between the two countries while a new agreement is being negotiated, Congress should authorize the President to extend the duration of the current agreement until .

“SEC. 3.

EXTENSION OF NUCLEAR ENERGY AGREEMENT WITH THE REPUBLIC OF KOREA.

42 U.S.C. 2153November 24, 1972May 15, 1974March 19, 2016“Notwithstanding section 123 of the Atomic Energy Act of 1954 (), the President is authorized to take such actions as may be required to extend the term of the Agreement for Cooperation between the Government of the United States of America and the Government of the Republic of Korea Concerning Civil Uses of Atomic Energy, done at Washington (24 UST 775; TIAS 7583), and amended on (25 UST 1102; TIAS 7842), to a date that is not later than .

“SEC. 4.

REPORT TO CONGRESS ON PROGRESS OF NEGOTIATIONS BETWEEN THE UNITED STATES AND REPUBLIC OF KOREA.

Feb. 12, 2014“Not later than 180 days after the date of the enactment of this Act [], and every 180 days thereafter until a new Agreement for Cooperation between the Government of the United States of America and the Government of the Republic of Korea Concerning Civil Uses of Nuclear Energy is submitted to Congress, the President shall provide to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives a report on the progress of negotiations on a new civil nuclear cooperation agreement.”

, , , provided that:

July 11, 2014section 4 of Pub. L. 113–81[Memorandum of President of the United States, , 79 F.R. 43917, delegated to the Secretary of State the reporting functions under , set out above.]

Applicability of Notice and Wait Provisions

Pub. L. 103–337, div. C, title XXXI, § 3155(b)Oct. 5, 1994108 Stat. 3092 Pub. L. 104–201, div. C, title XXXI, § 3160Sept. 23, 1996110 Stat. 2843 Pub. L. 107–314, div. D, title XLV, § 4501(b)Pub. L. 104–106, div. C, title XXXI, § 3154(b)Feb. 10, 1996110 Stat. 624 § 4501(b) of Pub. L. 107–314 Pub. L. 108–136, div. C, title XXXI, § 3141(h)(2)(A)Nov. 24, 2003117 Stat. 1771

42 U.S.C. 2153(d)42 U.S.C. 2164(d)October 1, 1997“Section 123 d. of the Atomic Energy Act of 1954 (), as amended by subsection (c), shall not apply to a proposed agreement for cooperation under section 144 d. of such Act [], as inserted by subsection (a), until .”

, , , as amended by , , ; , formerly , , , renumbered by –(C), , , provided that:

Fuel Cycle Evaluations; Report to Congress

Pub. L. 95–601, § 9Nov. 6, 197892 Stat. 2951Nov. 6, 1978, , , 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 , 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, § 14Oct. 29, 197488 Stat. 1557Oct. 29, 1974, , , directed President to review and report to Congress within six months after , 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, § 125Apr. 12, 1957Pub. L. 85–14 71 Stat. 11Aug. 17, 1974Pub. L. 93–377, § 5 88 Stat. 475Oct. 24, 1992Pub. L. 102–486, title IX, § 902(a)(8)106 Stat. 2944, as added by , , ; amended by , , ; renumbered title I, , , , 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.

Executive Documents

Performance of Functions Pending Development of Procedures

Pub. L. 95–242Mar. 10, 197892 Stat. 120Mar. 10, 1978May 11, 1978section 3201 of Title 22The performance of functions under this chapter, as amended by the Nuclear Non-Proliferation Act of 1978, , , , not to be delayed pending development of procedures even though as many as 120 days [after ] are allowed for establishing those procedures, see section 5(b) of Ex. Ord. No. 12058, , 43 F.R. 20947, set out under , Foreign Relations and Intercourse.

Ex. Ord. No. 10841. International Cooperation

Sept. 30, 1959Aug. 10, 1961Sept. 9, 1987Ex. Ord. No. 10841, eff. , 24 F.R. 7941, as amended by Ex. Ord. No. 10956, eff. , 26 F.R. 7315; Ex. Ord. No. 12608, , 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:

section 2121(c) of this title(1) The authority vested in the President by section 91c of the Act [] 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.

section 2164(b) of this titleProvided(2) The authority vested in the President by section 144b of the Act [] 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: , 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.

section 2164(c) of this title(3) The authority vested in the President by section 144c of the Act [] 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.

Secsection 2121(c) of this title. 3. This order shall not be construed as delegating the function vested in the President by section 91c of the Act [] 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.