42 U.S.C. § 2153c | Renegotiation of agreements for cooperation

(a)

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

March 10, 1978March 10, 197842 U.S.C. 2156March 10, 197842 U.S.C. 2153(a)March 10, 1978The President shall initiate a program immediately to renegotiate agreements for cooperation in effect on , or otherwise to obtain the agreement of parties to such agreements for cooperation to the undertakings that would be required for new agreements under the 1954 Act. To the extent that an agreement for cooperation in effect on , with a cooperating party contains provisions equivalent to any or all of the criteria set forth in section 127 of the 1954 Act [] 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 , 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 123 a. of the 1954 Act [], 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 the 1954 Act shall be deemed to relinquish any rights which the United States may have under any agreement for cooperation in force on .

(b)

Presidential review of export agreement conditions and policy goals

42 U.S.C. 2153(a)section 2153b of this titleThe President shall annually review each of requirements (1) through (9) set forth for inclusion in agreements for cooperation under section 123 a. of the 1954 Act [] and the export policy goals set forth in 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

1 So in original.

42 U.S.C. 2159(b)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 subsection  130 b. through g. of the 1954 Act [ through (g)].

Pub. L. 95–242, title IV, § 404Mar. 10, 197892 Stat. 147 Pub. L. 103–437, § 15(g)Nov. 2, 1994108 Stat. 4593(, , ; , , .)

Editorial Notes

References in Text

Pub. L. 95–242Mar. 10, 197892 Stat. 120 section 3201 of Title 22This Act, referred to in subsec. (a), means the Nuclear Non-Proliferation Act of 1978, , , , which is classified principally to chapter 47 (§ 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 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 section 401 of Pub. L. 95–242 section 2153 of this title section 2153b of this title section 403 of Pub. L. 95–242 section 2153b of this title, referred to in subsec. (b), was in the original “section 401”, meaning , which amended . Section 401 has been translated as , which was enacted by , to reflect the probable intent of Congress in view of the reference to the export policy goals which are set forth in .

Amendments

Pub. L. 103–4371994—Subsec. (d). substituted “Foreign Affairs” for “International Relations”.

Statutory Notes and Related Subsidiaries

Effective Date

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

Supply of Additional Low-Enriched Uranium Under International Agreements for Cooperation in Civil Uses of Nuclear Energy

Pub. L. 96–280June 18, 198094 Stat. 550

“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)

22 U.S.C. 3201 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 [ et seq.].

“(b)

The term ‘low-enriched uranium’ means uranium enriched to less than 20 per centum in the isotope 235.”

, , , provided that:

Definitions

section 3203 of Title 22For definitions of terms used in this section, see , Foreign Relations and Intercourse.

Executive Documents

Delegation of Functions

May 11, 1978section 3201 of Title 22Secretary of State responsible for performing functions vested in President under this section, see section 2(a) of Ex. Ord. No. 12058, , 43 F.R. 20947, set out under , Foreign Relations and Intercourse.

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 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.