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42 U.S.C. § 2156 — Criteria governing United States nuclear exports
Federal law — U.S. Code and appendices · legal_authorities
The United States adopts the following criteria which, in addition to other requirements of law, will govern exports for peaceful nuclear uses from the United States of source material, special nuclear material, production or utilization facilities, and any sensitive nuclear technology:
(1) IAEA safeguards as required by Article III(2) of the Treaty will be applied with respect to any such material or facilities proposed to be exported, to any such material or facilities previously exported and subject to the applicable agreement for cooperation, and to any special nuclear material used in or produced through the use thereof.
(2) No such material, facilities, or sensitive nuclear technology proposed to be exported or previously exported and subject to the applicable agreement for cooperation, and no special nuclear material produced through the use of such materials, facilities, or sensitive nuclear technology, will be used for any nuclear explosive device or for research on or development of any nuclear explosive device.
(3) Adequate physical security measures will be maintained with respect to such material or facilities proposed to be exported and to any special nuclear material used in or produced through the use thereof. Following the effective date of any regulations promulgated by the Commission pursuant to [section 2156a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2156a&num=0&edition=prelim), physical security measures shall be deemed adequate if such measures provide a level of protection equivalent to that required by the applicable regulations.
(4) No such materials, facilities, or sensitive nuclear technology proposed to be exported, and no special nuclear material produced through the use of such material,
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Source file: Laws/federal/codes/united-states-code/title-42/section-2156-criteria-governing-united-states-nuclear-exports--07117bef04.md
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Source location: Title 42, Chapter 23, § 2156; chapter-023-development-and-control-of-atomic-energy.md
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The United States adopts the following criteria which, in addition to other requirements of law, will govern exports for peaceful nuclear uses from the United States of source material, special nuclear material, production or utilization facilities, and any sensitive nuclear technology:
(1) IAEA safeguards as required by Article III(2) of the Treaty will be applied with respect to any such material or facilities proposed to be exported, to any such material or facilities previously exported and subject to the applicable agreement for cooperation, and to any special nuclear material used in or produced through the use thereof.
(2) No such material, facilities, or sensitive nuclear technology proposed to be exported or previously exported and subject to the applicable agreement for cooperation, and no special nuclear material produced through the use of such materials, facilities, or sensitive nuclear technology, will be used for any nuclear explosive device or for research on or development of any nuclear explosive device.
(3) Adequate physical security measures will be maintained with respect to such material or facilities proposed to be exported and to any special nuclear material used in or produced through the use thereof. Following the effective date of any regulations promulgated by the Commission pursuant to [section 2156a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2156a&num=0&edition=prelim), physical security measures shall be deemed adequate if such measures provide a level of protection equivalent to that required by the applicable regulations.
(4) No such materials, facilities, or sensitive nuclear technology proposed to be exported, and no special nuclear material produced through the use of such material, will be retransferred to the jurisdiction of any other nation or group of nations unless the prior approval of the United States is obtained for such retransfer. In addition to other requirements of law, the United States may approve such retransfer only if the nation or group of nations designated to receive such retransfer agrees that it shall be subject to the conditions required by this section.
(5) No such material proposed to be exported and no special nuclear material produced through the use of such material will be reprocessed, and no irradiated fuel elements containing such material removed from a reactor shall be altered in form or content, unless the prior approval of the United States is obtained for such reprocessing or alteration.
(6) No such sensitive nuclear technology shall be exported unless the foregoing conditions shall be applied to any nuclear material or equipment which is produced or constructed under the jurisdiction of the recipient nation or group of nations by or through the use of any such exported sensitive nuclear technology.
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Federal law — U.S. Code and appendices · legal_authorities
Within sixty days of March 10, 1978, the Commission shall, in consultation with the Secretary of State, the Secretary of Energy, and the Secretary of Defense, promulgate (and may from time to time amend) regulations establishing the levels of physical security which in its judgement are no less strict than those established by any international guidelines to which the United States subscribes and which in its judgment will provide adequate protection for facilities and material referred to in paragraph (3) of [section 2156 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2156&num=0&edition=prelim) taking into consideration variations in risks to security as appropriate.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2156a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Energy development programs** The United States shall initiate a program, consistent with the aims of [section 3261 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3261&num=0&edition=prelim), to cooperate with developing countries for the purpose of—
(1) meeting the energy needs required for the development of such countries;
(2) reducing the dependence of such countries on petroleum fuels, with emphasis given to utilizing solar and other renewable energy resources; and
(3) expanding the energy alternatives available to such countries.
**(b) Energy assessments and cooperative projects** Such program shall include cooperation in evaluating the energy alternatives of developing countries, facilitating international trade in energy commodities, developing energy resources, and applying suitable energy technologies. The program shall include both general and country-specific energy assessments and cooperative projects in resource exploration and production, training, research and development.
**(c) Exchange of scientists, technicians, and energy experts** As an integral part of such program, the Department of Energy, under the general policy guidance of the Department of State and in cooperation with the Agency for International Development and other Federal agencies as appropriate, shall initiate, as soon as practicable, a program for the exchange of United States scientists, technicians, and energy experts with those of developing countries to implement the purposes of this section.
**(d) Authorization of appropriations** For the purposes of carrying out this section, there is authorized to be appropriated such sums as are contained in annual authorization Acts for the Department of Energy, including such sums which h
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3201
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Nuclear Regulatory Commission is authorized to license the distribution of special nuclear material, source material, and byproduct material by the Department of Energy pursuant to section 2074, 2094, and 2112 of this title, respectively, in accordance with the same procedures established by law for the export licensing of such material by any person: Provided, That nothing in this section shall require the licensing of the distribution of byproduct material by the Department of Energy under [section 2112 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2112&num=0&edition=prelim).
**(b)** The Department of Energy shall not distribute any special nuclear material or source material under section 2074 or 2094 of this title other than under an export license issued by the Nuclear Regulatory Commission until (1) the Department has obtained the concurrence of the Department of State and has consulted with the Nuclear Regulatory Commission and the Department of Defense under mutually agreed procedures which shall be established within not more than ninety days after March 10, 1978, and (2) the Department finds based on a reasonable judgment of the assurances provided and the information available to the United States Government, that the criteria in [section 2156 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2156&num=0&edition=prelim) or their equivalent and any applicable criteria in [section 2157 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2157&num=0&edition=prelim) are met, and that the proposed distribution would not be inimical to the common defense and security.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2141
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2156&num=0&edition=prelim)] 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)](https://us
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2153c
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Executive branch judgment on export applications; criteria governing United States nuclear exports** No license may be issued by the Nuclear Regulatory Commission (the “Commission”) for the export of any production or utilization facility, or any source material or special nuclear material, including distributions of any material by the Department of Energy under section 2074, 2094, or 2112 of this title, for which a license is required or requested, and no exemption from any requirement for such an export license may be granted by the Commission, as the case may be, until—
(1) the Commission has been notified by the Secretary of State that it is the judgment of the executive branch that the proposed export or exemption will not be inimical to the common defense and security, or that any export in the category to which the proposed export belongs would not be inimical to the common defense and security because it lacks significance for nuclear explosive purposes. The Secretary of State shall, within ninety days after March 10, 1978, establish orderly and expeditious procedures, including provision for necessary administrative actions and inter-agency memoranda of understanding, which are mutually agreeable to the Secretaries of Energy, Defense, and Commerce, and the Nuclear Regulatory Commission, for the preparation of the executive branch judgment on export applications under this section. Such procedures shall include, at a minimum, explicit direction on the handling of such applications, express deadlines for the solicitation and collection of the views of the consulted agencies (with identified officials responsible for meeting such deadlines), an inter-agency coordinating authority to monitor the processing of such applications, predetermined procedures for
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2155
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Federal law — U.S. Code and appendices · legal_authorities
Page 5450
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 2156
known as the ‘‘International Nuclear Export and
Innovation Branch’’, to carry out the inter-
national nuclear export and innovation activi-
ties described in subsection (a) as the Commis-
sion determines to be appropriate and within
the mission of the Commission.
(c) Omitted
(d) Interagency coordination
The Commission shall coordinate all inter-
national activities under this section with the
Secretary of State, the Secretary of Energy, and
other applicable agencies, as appropriate.
(e) Savings clause
Nothing in this section alters the authority of
the Commission to license and regulate the ci-
vilian use of radioactive materials.
(Pub. L. 118–67, div. B, title I, § 101, July 9, 2024,
138 Stat. 1450.)
Editorial Notes
CODIFICATION
Section was enacted as part of the Accelerating De-
ployment of Versatile, Advanced Nuclear for Clean En-
ergy Act of 2024, also known as the ADVANCE Act of
2024, and not as part of the Atomic Energy Act of 1954
which comprises this chapter.
Section is comprised of section 101 of div. B of Pub.
L. 118–67. Subsec. (c) of section 101 of div. B of Pub. L.
118–67 amended section 2215 of this title and enacted
provisions set out as a note under section 2215 of this
title.
Statutory Notes and Related Subsidiaries
DEFINITIONS
For definitions of terms used in this section, see sec-
tion 2 of div. B of Pub. L. 118–67, set out as a note under
section 2011 of this title.
§ 2156. Criteria governing United States nuclear
exports
The United States adopts the following cri-
teria which, in addition to other requirements of
law, will govern exports for peaceful nuclear
uses from the United States of source material,
special nuclear material, production or utiliza-
tion facili
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2156
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