§ 2164. International cooperation

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1946

   Pub. L. 83–724 · 68 Stat. 998

   Enacted · 42 U.S.C. § 2164

   Aug. 1, 1946, ch. 724, title I, § 144, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 942

   Source evidence

   Code source credit
   Aug. 1, 1946, ch. 724, title I, § 144, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 942

2. 1958

   Pub. L. 85–479 § 5 · 72 Stat. 276

   Substituted · 42 U.S.C. § 2164(a)

   Pub. L. 85–479, § 5, substituted “civilian reactor development” for “reactor development” in cl. (2)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 85–479, § 5, substituted “civilian reactor development” for “reactor development” in cl. (2).

   Enacted provision · exact public law section
   Sec. 5. Section 144a of the Atomic Energy Act of 1954, as amended, is amended to read as follows: “a. 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: Restriction. 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 123, or is undertaken pursuant to an agreement existing on the effective date of this Act.”

3. 1958

   Pub. L. 85–479 § 6 · 72 Stat. 276

   Struck · 42 U.S.C. § 2164(b)

   Pub. L. 85–479, § 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

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 85–479, § 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.

   Enacted provision · exact public law section
   Sec. 6. Section 144 b. of the Atomic Energy Act of 1954, as amended, is amended to read as follows: “b. 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 123.”

4. 1958

   Pub. L. 85–479 § 7 · 72 Stat. 276

   Added · 42 U.S.C. § 2164(c); 42 U.S.C. § 2164(d)

   Pub. L. 85–479, § 7, added subsecs. (c) and (d)

   Source evidence

   Code amendment note
   Subsecs. (c), (d). Pub. L. 85–479, § 7, added subsecs. (c) and (d).

   Enacted provision · exact public law section
   Sec. 7. Section 144 of the Atomic Energy Act of 1954, as amended, is amended by adding at the end thereof the following new subsections: “c. In addition to the cooperation authorized in subsections 144 a. and 144 b., 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 123. “d. 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 144 a., b., or c., such Restricted Data as is determined to be transmissible under the agreement for cooperation involved.”

5. 1994

   National Defense Authorization Act for Fiscal Year 1995

   Pub. L. 103–337 § 3155(a)(2) · 108 Stat. 2663

   Redesignated · 42 U.S.C. § 2164(d)

   Pub. L. 103–337, § 3155(a)(2), added subsec. (d). Former subsec. (d) redesignated (e)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 103–337, § 3155(a)(2), added subsec. (d). Former subsec. (d) redesignated (e).

   Enacted provision · exact public law section
   (2) by inserting after subsection c. the following new subsection d.: “d. (1) In addition to the cooperation authorized in subsections a., b., and c., 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 142, 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 123.”.

6. 1994

   National Defense Authorization Act for Fiscal Year 1995

   Pub. L. 103–337 § 3155(c)(4) · 108 Stat. 2663

   Substituted · 42 U.S.C. § 2164(e)

   Pub. L. 103–337, § 3155(c)(4), substituted “(c), or (d)” for “or (c)”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 103–337, § 3155(c)(4), substituted “(c), or (d)” for “or (c)”.

   Enacted provision · exact public law section
   (4) 42 USC 2164. Section 144 e., as redesignated by subsection (a)(1), is amended by striking out “or c.” and inserting in lieu thereof “c., or d.”.

7. 1994

   National Defense Authorization Act for Fiscal Year 1995

   Pub. L. 103–337 § 3155(a)(1) · 108 Stat. 2663

   Redesignated · 42 U.S.C. § 2164(e)

   Pub. L. 103–337, § 3155(a)(1), redesignated subsec. (d) as (e)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 103–337, § 3155(a)(1), redesignated subsec. (d) as (e).

   Enacted provision · exact public law section
   (1) by redesignating subsection d. as subsection e.; and

6 of 7 references resolved to an enrolled provision · 1 partial