42 U.S.C. § 2164 — International cooperation

Page 5471 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2164 cordance with the terms and conditions of the agree- ment for cooperation involved: Provided, that no such communication shall be made by the Department of State until the proposed communication has been au- thorized either in accordance with procedures adopted by the Atomic Energy Commission and the Department of Defense and applicable to conduct of programs for cooperation by those agencies, or in accordance with procedures approved by the Atomic Energy Commis- sion and the Department of Defense and applicable to conduct of programs for cooperation by the Depart- ment of State. JOHN F. KENNEDY. MODIFICATION OF EXECUTIVE ORDER NO. 11057 Ex. Ord. No. 11057, Oct. 18, 1962, 27 F.R. 10289, set out above, when referring to functions of the Atomic En- ergy Commission is modified to provide that all such functions shall be exercised by the Secretary of Energy and the Nuclear Regulatory Commission, see section 4(a)(1) of Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957, set out as a note under section 7151 of this title. § 2163. Access to Restricted Data The Commission may authorize any of its em- ployees, or employees of any contractor, pro- spective contractor, licensee or prospective li- censee of the Commission or any other person authorized access to Restricted Data by the Commission under section 2165(b) and (c) of this title to permit any employee of an agency of the Department of Defense or of its contractors, or any member of the Armed Forces to have access to Restricted Data required in the performance of his duties and so certified by the head of the appropriate agency of the Department of De- fense or his designee: Provided, however, That the head of the appropriate agency of the De- partment of Defense or his designee has deter- mined, in accordance with the established per- sonnel security procedures and standards of such agency, that permitting the member or em- ployee to have access to such Restricted Data will not endanger the common defense and secu- rity: And provided further, That the Secretary of Defense finds that the established personnel and other security procedures and standards of such agency are adequate and in reasonable con- formity to the standards established by the Commission under section 2165 of this title. (Aug. 1, 1946, ch. 724, title I, § 143, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 941; amended Aug. 6, 1956, ch. 1015, § 14, 70 Stat. 1071; Pub. L. 87–206, § 5, Sept. 6, 1961, 75 Stat. 476; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes AMENDMENTS 1961—Pub. L. 87–206 inserted reference to subsection (c) of section 2165 of this title. 1956—Act Aug. 6, 1956, inserted ‘‘or any other person authorized access to Restricted Data by the Commis- sion under section 2165(b) of this title’’. § 2164. International cooperation (a) By Commission The President may authorize the Commission to cooperate with another nation and to commu- nicate 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 agree- ment 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 Commis- sion, 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 nec- essary to— (1) the development of defense plans; (2) the training of personnel in the employ- ment of and defense against atomic weapons and other military applications of atomic en- ergy; (3) the evaluation of the capabilities of po- tential 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 pro- posed cooperation and the proposed communica- tion 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 ar- rangement by substantial and material con- tributions to the mutual defense and security: Provided, however, That the cooperation is un- dertaken 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), the President may au- thorize 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 fab- rication capability and provided that nation has made substantial progress in the develop- ment 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 pro- posed cooperation and the communication of the Page 5472 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2165 proposed Restricted Data will promote and will not constitute an unreasonable risk to the com- mon defense and security, while such other na- tion is participating with the United States pur- suant to an international arrangement by sub- stantial and material contributions to the mu- tual 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), the President may, upon making a determination described in paragraph (2), authorize the Department of En- ergy, 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 De- fense, 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 ac- counting 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 coopera- tion and proposed communication referred to in that paragraph— (A) will promote the common defense and se- curity interests of the United States and the nation concerned; and (B) will not constitute an unreasonable risk to such common defense and security inter- ests. (3) Cooperation under this subsection shall be undertaken pursuant to an agreement for co- operation entered into in accordance with sec- tion 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 accord- ance with the terms and conditions of an agree- ment for cooperation arranged pursuant to sub- section (a), (b), (c), or (d), such Restricted Data as is determined to be transmissible under the agreement for cooperation involved. (Aug. 1, 1946, ch. 724, title I, § 144, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 942; amended Pub. L. 85–479, §§ 5–7, July 2, 1958, 72 Stat. 278; renum- bered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 103–337, div. C, title XXXI, § 3155(a), (c)(4), Oct. 5, 1994, 108 Stat. 3091, 3092.) Editorial Notes AMENDMENTS 1994—Subsec. (d). Pub. L. 103–337, § 3155(a)(2), added subsec. (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 103–337, § 3155(c)(4), substituted ‘‘(c), or (d)’’ for ‘‘or (c)’’. Pub. L. 103–337, § 3155(a)(1), redesignated subsec. (d) as (e). 1958—Subsec. (a). Pub. L. 85–479, § 5, substituted ‘‘ci- vilian reactor development’’ for ‘‘reactor development’’ in cl. (2). Subsec. (b). Pub. L. 85–479, § 6, authorized communica- tion 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 pro- hibited communication of data which would reveal im- portant information concerning the design or fabrica- tion of the nuclear components of atomic weapons. Subsecs. (c), (d). Pub. L. 85–479, § 7, added subsecs. (c) and (d). Statutory Notes and Related Subsidiaries PROHIBITION ON INSPECTIONS Pub. L. 104–106, div. C, title XXXI, § 3154(a), Feb. 10, 1996, 110 Stat. 624, which was formerly set out as a note under this section, was renumbered section 4501(a) of Pub. L. 107–314, the Bob Stump National Defense Au- thorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(h)(2)(A)–(C), Nov. 24, 2003, 117 Stat. 1771, and is classified to section 2651(a) of Title 50, War and National Defense. Executive Documents 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 sec- tion 2153 of this title. § 2165. Security restrictions (a) On contractors and licensees No arrangement shall be made under section 2051 of this title, no contract shall be made or continued in effect under section 2061 of this title, and no license shall be issued under sec- tion 2133 or 2134 of this title, unless the person with whom such arrangement is made, the con- tractor or prospective contractor, or the pro- spective licensee agrees in writing not to permit any individual to have access to Restricted Data until the Director of the Office of Personnel Management shall have made an investigation and report to the Commission on the character, associations, and loyalty of such individual, and the Commission shall have determined that per- mitting such person to have access to Restricted Data will not endanger the common defense and security. (b) Employment of personnel; access to Re- stricted Data Except as authorized by the Commission or the General Manager upon a determination by the Commission or General Manager that such action is clearly consistent with the national in- terest, no individual shall be employed by the Commission nor shall the Commission permit any individual to have access to Restricted Data until the Director of the Office of Personnel Management shall have made an investigation and report to the Commission on the character, associations, and loyalty of such individual, and