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42 U.S.C. § 2155a — Regulations establishing Commission procedures covering grant, suspension, revocation, or amendment of nuclear export licenses or exemptions

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2155a — Regulations establishing Commission procedures covering grant, suspension, revocation, or amendment of nuclear export licenses or exemptions

**(a)** Omitted **(b)** Within one hundred and twenty days of March 10, 1978, the Commission shall, after consultations with the Secretary of State, promulgate regulations establishing procedures (1) for the granting, suspending, revoking, or amending of any nuclear export license or exemption pursuant to its statutory authority; (2) for public participation in nuclear export licensing proceedings when the Commission finds that such participation will be in the public interest and will assist the Commission in making the statutory determinations required by the 1954 Act, including such public hearings and access to information as the Commission deems appropriate: Provided, That judicial review as to any such finding shall be limited to the determination of whether such finding was arbitrary and capricious; (3) for a public written Commission opinion accompanied by the dissenting or separate views of any Commissioner, in those proceedings where one or more Commissioners have dissenting or separate views on the issuance of an export license; and (4) for public notice of Commission proceedings and decisions, and for recording of minutes and votes of the Commission: Provided further, That until the regulations required by this subsection have been promulgated, the Commission shall implement the provisions of this Act under temporary procedures established by the Commission. **(c)** The procedures to be established pursuant to subsection (b) shall constitute the exclusive basis for hearings in nuclear export licensing proceedings before the Commission and, notwithstanding section 189 a. of the 1954 Act [[42 U.S.C. 2239(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2239/a&num=0&edition=prelim)], shall not require the Commission to grant any

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Source location: Title 42, Chapter 23, § 2155a; chapter-023-development-and-control-of-atomic-energy.md

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3203 — Reports by departments and agencies

**(a) Reports by Nuclear Regulatory Commission and Department of Energy** The annual reports to the Congress by the Commission and the Department of Energy which are otherwise required by law shall also include views and recommendations regarding the policies and actions of the United States to prevent proliferation which are the statutory responsibility of those agencies. The Department’s report shall include a detailed analysis of the proliferation implications of advanced enrichment and reprocessing techniques, advanced reactors, and alternative nuclear fuel cycles. This part of the report shall include a comprehensive version which includes any relevant classified information and a summary unclassified version. **(b) Additional reporting requirements** The reporting requirements of this subchapter are in addition to and not in lieu of any other reporting requirements under applicable law. **(c) Committees on Foreign Relations and Governmental Affairs of Senate and Committee on International Relations of House of Representatives to be kept informed** (1) The Department of State, the Department of Defense, the Department of Commerce, the Department of Energy, the Commission, and, with regard to subparagraph (B), the Director of Central Intelligence, shall keep the Committees on Foreign Relations and Governmental Affairs of the Senate and the Committee on International Relations of the House of Representatives fully and currently informed with respect to— (A) their activities to carry out the purposes and policies of this chapter and to otherwise prevent proliferation, including the proliferation of nuclear, chemical, or biological weapons, or their means of delivery; and (B) the current activities of foreign nations which are of significance from the prolifer

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22 U.S.C. § 3201 — Programs

**(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

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42 U.S.C. § 2155 — Export licensing procedures

**(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

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2155a — Regulations establishing Commission

Page 5449 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2155b This memorandum shall be published in the Federal Register. JIMMY CARTER. § 2155a. Regulations establishing Commission procedures covering grant, suspension, rev- ocation, or amendment of nuclear export li- censes or exemptions (a) Omitted (b) Within one hundred and twenty days of March 10, 1978, the Commission shall, after con- sultations with the Secretary of State, promul- gate regulations establishing procedures (1) for the granting, suspending, revoking, or amending of any nuclear export license or exemption pur- suant to its statutory authority; (2) for public participation in nuclear export licensing pro- ceedings when the Commission finds that such participation will be in the public interest and will assist the Commission in making the statu- tory determinations required by the 1954 Act, in- cluding such public hearings and access to infor- mation as the Commission deems appropriate: Provided, That judicial review as to any such finding shall be limited to the determination of whether such finding was arbitrary and capri- cious; (3) for a public written Commission opin- ion accompanied by the dissenting or separate views of any Commissioner, in those proceedings where one or more Commissioners have dis- senting or separate views on the issuance of an export license; and (4) for public notice of Com- mission proceedings and decisions, and for re- cording of minutes and votes of the Commission: Provided further, That until the regulations re- quired by this subsection have been promul- gated, the Commission shall implement the pro- visions of this Act under temporary procedures established by the Commission. (c) The procedures to be established pursuant to subsection (b) shall constit

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2239 — Hearings and judicial review

**(a)** (1) (A) In any proceeding under this chapter, for the granting, suspending, revoking, or amending of any license or construction permit, or application to transfer control, and in any proceeding for the issuance or modification of rules and regulations dealing with the activities of licensees, and in any proceeding for the payment of compensation, an award or royalties under sections 11 So in original. Probably should be “section”. 2183, 2187, 2236(c) or 2238 of this title, the Commission shall grant a hearing upon the request of any person whose interest may be affected by the proceeding, and shall admit any such person as a party to such proceeding. The Commission shall hold a hearing after thirty days’ notice and publication once in the Federal Register, on each application under section 2133 or 2134(b) of this title for a construction permit for a facility, and on any application under [section 2134(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2134/c&num=0&edition=prelim) for a construction permit for a testing facility. In cases where such a construction permit has been issued following the holding of such a hearing, the Commission may, in the absence of a request therefor by any person whose interest may be affected, issue an operating license or an amendment to a construction permit or an amendment to an operating license without a hearing, but upon thirty days’ notice and publication once in the Federal Register of its intent to do so. The Commission may dispense with such thirty days’ notice and publication with respect to any application for an amendment to a construction permit or an amendment to an operating license upon a determination by the Commission that the amendment involves no significant h

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2239 — Hearings and judicial review

Page 5530 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2237 1 So in original. Probably should be ‘‘section’’. observe any of the terms and provisions of this chapter or of any regulation of the Commission. (b) Procedure The Commission shall follow the provisions of section 558(c) of title 5 in revoking any license. (c) Repossession of material Upon revocation of the license, the Commis- sion may immediately retake possession of all special nuclear material held by the licensee. In cases found by the Commission to be of extreme importance to the national defense and security or to the health and safety of the public, the Commission may recapture any special nuclear material held by the licensee or may enter upon and operate the facility prior to any of the pro- cedures provided under subchapter II of chapter 5 and chapter 7 of title 5. Just compensation shall be paid for the use of the facility. (Aug. 1, 1946, ch. 724, title I, § 186, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 955; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is clas- sified principally to this chapter. For complete classi- fication of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. CODIFICATION In subsecs. (b) and (c), ‘‘section 558(c) of title 5’’ and ‘‘subchapter II of chapter 5 and chapter 7 of title 5’’ substituted for ‘‘section 9(b) of the Administrative Pro- cedure Act [5 U.S.C. 1008(b)]’’ and ‘‘the Administration Procedure A

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