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42 U.S.C. § 2157 — Additional export criterion and procedures

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

42 U.S.C. § 2157 — Additional export criterion and procedures

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Source file: Laws/federal/codes/united-states-code/title-42/section-2157-additional-export-criterion-and-procedures--720a4093da.md
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Source location: Title 42, Chapter 23, § 2157; chapter-023-development-and-control-of-atomic-energy.md

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**(a)** (1) As a condition of continued United States export of source material, special nuclear material, production or utilization facilities, and any sensitive nuclear technology to non-nuclear-weapon states, no such export shall be made unless IAEA safeguards are maintained with respect to all peaceful nuclear activities in, under the jurisdiction of, or carried out under the control of such state at the time of the export. (2) The President shall seek to achieve adherence to the foregoing criterion by recipient non-nuclear-weapon states. **(b)** The criterion set forth in subsection (a) shall be applied as an export criterion with respect to any application for the export of materials, facilities, or technology specified in subsection (a) which is filed after eighteen months from March 10, 1978, or for any such application under which the first export would occur at least twenty-four months after March 10, 1978, except as provided in the following paragraphs: (1) If the Commission or the Department of Energy, as the case may be, is notified that the President has determined that failure to approve an export to which this subsection applies because such criterion has not yet been met would be seriously prejudicial to the achievement of United States non-proliferation objectives or otherwise jeopardize the common defense and security, the license or authorization may be issued subject to other applicable requirements of the law: Provided, That no such export of any production or utilization facility or of any source or special nuclear material (intended for use as fuel in any production or utilization facility) which has been licensed or authorized pursuant to this subsection shall be made to any non-nuclear-weapon state which has failed to meet such criterion until the first such license or authorization with respect to such state is submitted to the Congress (together with a detailed assessment of the reasons underlying the President’s determination, the judgment of the executive branch required under [section 2155 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2155&num=0&edition=prelim), and any Commission opinion and views) for a period of sixty days of continuous session (as defined in [section 2159(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2159/g&num=0&edition=prelim)) and referred to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate, but such export shall not occur if during such sixty-day period the Congress adopts a concurrent resolution stating in substance that the Congress does not favor the proposed export. Any such license or authorization shall be considered pursuant to the procedures set forth in [section 2159 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2159&num=0&edition=prelim) for the consideration of Presidential submissions. (2) If the Congress adopts a resolution of disapproval pursuant to paragraph (1), no further export of materials, facilities, or technology specified in subsection (a) shall be permitted for the remainder of that Congress, unless such state meets the criterion or the President notifies the Congress that he has determined that significant progress has been made in achieving adherence to such criterion by such state or that United States foreign policy interests dictate reconsideration and the Congress, pursuant to the procedure of paragraph (1), does not adopt a concurrent resolution stating in substance that it disagrees with the President’s determination. (3) If the Congress does not adopt a resolution of disapproval with respect to a license or authorization submitted pursuant to paragraph (1), the criterion set forth in subsection (a) shall not be applied as an export criterion with respect to exports of materials, facilities and technology specified in subsection (a) to that state: Provided, That the first license or authorization with respect to that state which is issued pursuant to this paragraph after twelve months from the elapse of the sixty-day period specified in paragraph (1), and the first such license or authorization which is issued after each twelve-month period thereafter, shall be submitted to the Congress for review pursuant to the procedures specified in paragraph (1): Provided further, That if the Congress adopts a resolution of disapproval during any review period provided for by this paragraph, the provisions of paragraph (2) shall apply with respect to further exports to such state.

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

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

42 U.S.C. § 2159 — Congressional review procedures

**(a) Committee consideration of Presidential submissions; reports** Not later than forty-five days of continuous session of Congress after the date of transmittal to the Congress of any submission of the President required by section 2155(a)(2), 2155(b)(2), 2157(b), 2158, 2160(a)(3), or 2160(f)(1)(A) of this title, the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives shall each submit a report to its respective House on its views and recommendations respecting such Presidential submission together with a resolution, as defined in subsection (f), stating in substance that the Congress approves or disapproves such submission, as the case may be: Provided, That if any such committee has not reported such a resolution at the end of such forty-five day period, such committee shall be deemed to be discharged from further consideration of such submission. If no such resolution has been reported at the end of such period, the first resolution, as defined in subsection (f), which is introduced within five days thereafter within such House shall be placed on the appropriate calendar of such House. **(b) Consideration of resolution by respective Houses of Congress** When the relevant committee or committees have reported such a resolution (or have been discharged from further consideration of such a resolution pursuant to subsection (a)) or when a resolution has been introduced and placed on the appropriate calendar pursuant to subsection (a), as the case may be, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution. The motion is highly privileged and is not deba

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2159

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

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

22 U.S.C. § 8003 — Waiver authority and congressional approval

**(a) In general** If the President makes the determination described in subsection (b), the President may— (1) exempt a proposed agreement for cooperation with India arranged pursuant to [section 2153 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2153&num=0&edition=prelim) from the requirement of subsection (a)(2) of such section; (2) waive the application of [section 2157 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2157&num=0&edition=prelim) with respect to exports to India; and (3) waive with respect to India the application of— (A) [section 2158(a)(1)(D) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2158/a/1/D&num=0&edition=prelim); and (B) [section 2158 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2158&num=0&edition=prelim) regarding any actions that occurred before July 18, 2005. **(b) Determination by the President** The determination referred to in subsection (a) is a determination by the President that the following actions have occurred: (1) India has provided the United States and the IAEA with a credible plan to separate civil and military nuclear facilities, materials, and programs, and has filed a declaration regarding its civil facilities and materials with the IAEA. (2) India and the IAEA have concluded all legal steps required prior to signature by the parties of an agreement requiring the application of IAEA safeguards in perpetuity in accordance with IAEA standards, principles, and practices (including IAEA Board of Governors Document GOV/1621 (1973)) to India’s civil nuclear facilities, materials, and programs as declared in the plan described in paragraph (1), inclu

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 8003

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

42 U.S.C. § 2141 — Licensing by Nuclear Regulatory Commission of distribution of special nuclear material, source material, and byproduct material by Department of Energy

**(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.

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

42 U.S.C. § 2153 — Cooperation with other nations

No cooperation with any nation, group of nations or regional defense organization pursuant to sections 2073, 2074(a), 2077, 2094, 2112, 2121, 2133, 2134, or 2164 of this title shall be undertaken until— **(a) Terms, conditions, duration, nature, scope, and other requirements of proposed agreements for cooperation; Presidential exemptions; negotiations; Nuclear Proliferation Assessment Statement** the proposed agreement for cooperation has been submitted to the President, which proposed agreement shall include the terms, conditions, duration, nature, and scope of the cooperation; and shall include the following requirements: (1) a guaranty by the cooperating party that safeguards as set forth in the agreement for cooperation will be maintained with respect to all nuclear materials and equipment transferred pursuant thereto, and with respect to all special nuclear material used in or produced through the use of such nuclear materials and equipment, so long as the material or equipment remains under the jurisdiction or control of the cooperating party, irrespective of the duration of other provisions in the agreement or whether the agreement is terminated or suspended for any reason; (2) in the case of non-nuclear-weapon states, a requirement, as a condition of continued United States nuclear supply under the agreement for cooperation, that IAEA safeguards be maintained with respect to all nuclear materials in all peaceful nuclear activities within the territory of such state, under its jurisdiction, or carried out under its control anywhere; (3) except in the case of those agreements for cooperation arranged pursuant to [section 2121(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2121/c&num=0&edition=prelim), a guaranty b

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

42 U.S.C. § 2157 — Additional export criterion and proce-

Page 5451 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2157 its judgement are no less strict than those es- tablished 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 para- graph (3) of section 2156 of this title taking into consideration variations in risks to security as appropriate. (Pub. L. 95–242, title III, § 304(d), Mar. 10, 1978, 92 Stat. 135; Pub. L. 105–277, div. G, title XII, § 1225(e)(3), Oct. 21, 1998, 112 Stat. 2681–775.) Editorial Notes REFERENCES IN TEXT Commission, referred to in text, is defined as mean- ing the Nuclear Regulatory Commission by section 4(a)(1) of the Nuclear Non-Proliferation Act of 1978, Pub. L. 95–242, which is classified to section 3203(a)(1) of Title 22, Foreign Relations and Intercourse. CODIFICATION Section was enacted as part of the Nuclear Non-Pro- liferation Act of 1978, and not as part of the Atomic En- ergy Act of 1954 which comprises this chapter. AMENDMENTS 1998—Pub. L. 105–277 substituted ‘‘and the Secretary of Defense,’’ for ‘‘the Secretary of Defense, and the Di- rector,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–277 effective on earlier of Apr. 1, 1999, or date of abolition of the United States Arms Control and Disarmament Agency pursuant to re- organization plan described in section 6601 of Title 22, Foreign Relations and Intercourse, see section 1201 of Pub. L. 105–277, set out as an Effective Date note under section 6511 of Title 22. 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)

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