PRIA, Government Policy, Made Personal

Summary

The President must start a program right away to renegotiate U.S. nuclear cooperation agreements that were in effect on March 10, 1978, or to get the other parties to agree to the same promises required for new agreements. If an old agreement already has protections like those needed for transferred materials, equipment, or special nuclear material, the renegotiated deal must keep similar protections. If an old agreement does not have those protections for materials or equipment already sent and now under the partner’s control, the President must try hard to get those protections added. Nothing in the law gives up any U.S. rights under agreements that were in force on March 10, 1978. The President must also review every year the nine requirements (1) through (9) used for new agreements and the stated export policy goals to see if any should become official export criteria. If the President wants to add any, he must send a proposal and an explanation to Congress. After that, the Senate Foreign Relations Committee or the House Foreign Affairs Committee can report a joint resolution to act, and Congress will consider that resolution under the usual procedures.

Title 42, §2153c

The Public Health and Welfare, Source: USLM XML via OLRC

(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 the 1954 Act. 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 127 of the 1954 Act [42 U.S.C. 2156] 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 123 a. of the 1954 Act [42 U.S.C. 2153(a)], 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 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 123 a. of the 1954 Act [42 U.S.C. 2153(a)] 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 subsection 130 b. through g. of the 1954 Act [42 U.S.C. 2159(b) through (g)].

Notes & Related Subsidiaries

Editorial Notes

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 (§ 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”.

Statutory Notes and Related Subsidiaries

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

Executive Documents

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. Performance of Functions Pending Development of ProceduresThe 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.

§2153c Renegotiation of Agreements for Cooperation