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42 U.S.C. § 2077a — Interagency review of applications for the transfer of United States civil nuclear technology
Federal law — U.S. Code and appendices · legal_authorities
**(a) Annual reports on transfers to covered foreign countries** At the same time as the President submits to Congress the annual budget request under [section 1105 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim) for a fiscal year, the Secretary of Energy shall submit to the appropriate congressional committees a report that includes—
(1) a description of the authorizations under [section 2077(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2077/b&num=0&edition=prelim) to transfer United States civil nuclear technology to a covered foreign country during the preceding year; and
(2) a statement of whether any agency required to be consulted under that section or pursuant to regulation objected to or sought conditions on each such transfer.
**(b) Determination of technologies to be protected**
(1) **In general** — Not later than 90 days after November 25, 2015, and every five years thereafter, the Secretary of Energy shall—
(A) in consultation with the Secretary of State, the Secretary of Commerce, the Secretary of Defense, the Director of National Intelligence, and the Nuclear Regulatory Commission, determine the critical United States civil nuclear technologies that should be protected from diversion to a military program of a covered foreign country, including with respect to a naval propulsion or weapons program; and
(B) notify the appropriate congressional committees with respect to the determination and the technologies covered by the determination.
(2) **Notification**
(A) *In general* — Except as provided in subparagraph (B), not later than 14 days before making an authorization under [section 2077(b) of this title](https://uscode.house.g
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Source file: Laws/federal/codes/united-states-code/title-42/section-2077a-interagency-review-of-applications-for-the-transfer-of-united-states-civ--11fe22bab0.md
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Source location: Title 42, Chapter 23, § 2077a; chapter-023-development-and-control-of-atomic-energy.md
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**(a) Annual reports on transfers to covered foreign countries** At the same time as the President submits to Congress the annual budget request under [section 1105 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim) for a fiscal year, the Secretary of Energy shall submit to the appropriate congressional committees a report that includes—
(1) a description of the authorizations under [section 2077(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2077/b&num=0&edition=prelim) to transfer United States civil nuclear technology to a covered foreign country during the preceding year; and
(2) a statement of whether any agency required to be consulted under that section or pursuant to regulation objected to or sought conditions on each such transfer.
**(b) Determination of technologies to be protected**
(1) **In general** — Not later than 90 days after November 25, 2015, and every five years thereafter, the Secretary of Energy shall—
(A) in consultation with the Secretary of State, the Secretary of Commerce, the Secretary of Defense, the Director of National Intelligence, and the Nuclear Regulatory Commission, determine the critical United States civil nuclear technologies that should be protected from diversion to a military program of a covered foreign country, including with respect to a naval propulsion or weapons program; and
(B) notify the appropriate congressional committees with respect to the determination and the technologies covered by the determination.
(2) **Notification**
(A) *In general* — Except as provided in subparagraph (B), not later than 14 days before making an authorization under [section 2077(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2077/b&num=0&edition=prelim) for the transfer of a technology covered by a determination under paragraph (1) to a covered foreign country, the Secretary of Energy shall submit to the appropriate congressional committees a report that includes—
(i) a notification of the intention of the Secretary to make the authorization for the transfer of such technology; and
(ii) a statement of whether any agency required to be consulted under such [section 2077(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2077/b&num=0&edition=prelim) or pursuant to regulation objected to or sought conditions on the transfer.
(B) *Waiver of deadline* — The Secretary may waive the requirement under subparagraph (A) to submit the report required by that subparagraph not later than 14 days before making an authorization for the transfer of a technology covered by a determination under paragraph (1) to a covered foreign country if the Secretary—
(i) determines that an imminent radiological hazard exists; and
(ii) not later than 7 days after determining that such hazard exists, submits to the appropriate congressional committees—
(I) a certification that the hazard exists;
(II) a justification for the waiver; and
(III) the notification required by clause (i) of subparagraph (A) and the statement required by clause (ii) of that subparagraph.
**(c) Consultations with intelligence community**
(1) **In general** — The Secretary of Energy shall expeditiously revise part 810 of title 10, Code of Federal Regulations, to ensure that the Director of National Intelligence—
(A) is consulted with respect to the views of the intelligence community (as defined in [section 3003(4) of title 50](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3003/4&num=0&edition=prelim)) with respect to each authorization issued under [section 2077(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2077/b&num=0&edition=prelim) for the transfer of United States civil nuclear technology to a covered foreign country before the determination to approve or disapprove the request for the authorization; and
(B) is provided with an opportunity to present the views of the Director and the intelligence community on the national security risks of the transfer, if any.
(2) **Submission to Congress** — The Secretary of Energy, jointly with the Director of National Intelligence, shall include the results of consultations conducted under paragraph (1) in each report under subsection (a) and each notification under subsection (b)(2).
**(d) Report on compliance of covered foreign countries and end-users** Not less frequently than annually, the Secretary of Energy shall submit to the appropriate congressional committees a report that includes—
(1) an assessment of whether each covered foreign country is in compliance with its obligations under any authorization for the transfer of United States civil nuclear technology under [section 2077(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2077/b&num=0&edition=prelim);
(2) with respect to any covered foreign country that is not in compliance with such obligations—
(A) a description the efforts of the United States to bring the country into compliance;
(B) an evaluation of the result of such efforts; and
(C) an assessment of the options available to the Secretary as a result of the country not being in compliance;
(3) an assessment of whether each end-user to which United States civil nuclear technology is transferred pursuant to an authorization under such [section 2077(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2077/b&num=0&edition=prelim) is in compliance with the obligations of the end-user under that authorization; and
(4) a description of any consequences for the end-user or the exporter of the technology if the end-user is not in compliance with such obligations.
**(e) Report on transfers to all foreign countries**
(1) **In general** — Concurrent with the submission to Congress of the budget of the President for a fiscal year under [section 1105(a) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/a&num=0&edition=prelim), the Secretary of Energy shall submit to the appropriate congressional committees a report on the activities of the Department of Energy associated with the review of applications for authorization under [section 2077(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2077/b&num=0&edition=prelim) to transfer United States civil nuclear technology to any foreign country.
(2) **Elements** — The report required by paragraph (1) shall include—
(A) the number of applications for authorization under [section 2077(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2077/b&num=0&edition=prelim) to transfer United States civil nuclear technology to a foreign country submitted during the year preceding the submission of the report;
(B) the length of time each such application was under review;
(C) for each such application, an identification of any officer to which the authorization under such [section 2077(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2077/b&num=0&edition=prelim) was delegated pursuant to [section 2201(n) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2201/n&num=0&edition=prelim);
(D) the number of such applications that were granted; and
(E) a description of efforts to streamline the review of such applications, taking into account the proliferation and diversion potential of end-users in the country to which United States civil nuclear technology would be transferred pursuant to such applications.
**(f) Notifications of potential diversions** The Director of National Intelligence shall notify the Department of Energy and the appropriate congressional committees not later than 30 days after the date on which the Director determines that there is credible intelligence that United States civil nuclear technology is being or has been diverted—
(1) to a military program in a foreign country to which the transfer of the technology was authorized under [section 2077(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2077/b&num=0&edition=prelim); or
(2) to a foreign country to which the transfer of the technology was not so authorized.
**(g) Guidelines** Not later than 60 days after November 25, 2015, the Secretary of Energy shall issue guidance with respect to the use of the clear and intended authority of the Secretary under [section 2282 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2282&num=0&edition=prelim) to impose civil penalties, including fines and debarment, and to make referrals to the Attorney General for prosecution, for violations of the terms of authorizations for the transfer of United States civil nuclear technology issued under [section 2077(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2077/b&num=0&edition=prelim).
**(h) Report on transfer of sensitive items**
(1) **In general** — Not later than 180 days after November 25, 2015, and annually thereafter, the President shall submit to the appropriate congressional committees a report—
(A) describing the efforts of covered foreign countries to prevent the transfer of sensitive items, including efforts to improve the prevention of the transfer of such items; and
(B) assessing the adequacy of such efforts.
(2) **Sensitive items defined** — In this subsection, the term “sensitive items” means goods, services, and technologies described in section 2(a) of the Iran, North Korea, and Syria Nonproliferation Act (Public Law 106–178; [50 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1701&num=0&edition=prelim) note).
**(i) Combination of reports** The Secretary of Energy may submit the annual reports required by subsections (a), (d), and (e) as a single annual report, including by providing portions of the information so required as an annex to the single annual report.
**(j) Definitions** In this section:
(1) **Appropriate congressional committees** — The term “appropriate congressional committees” means—
(A) the congressional defense committees;
(B) the Committee on Energy and Natural Resources, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and
(C) the Committee on Energy and Commerce, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.
(2) **Covered foreign country** — The term “covered foreign country” means a foreign country that is a nuclear-weapon state, as defined by Article IX(3) of the Treaty on the Non-Proliferation of Nuclear Weapons, signed at Washington, London, and Moscow July 1, 1968, but does not include the United States, the United Kingdom, or France.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Any authority granted to the President by [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) may be exercised to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat.
**(b)** The authorities granted to the President by [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) may only be exercised to deal with an unusual and extraordinary threat with respect to which a national emergency has been declared for purposes of this chapter and may not be exercised for any other purpose. Any exercise of such authorities to deal with any new threat shall be based on a new declaration of national emergency which must be with respect to such threat.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Violations of licensing requirements** Any person who (1) violates any licensing or certification provision of section 2073, 2092, 2093, 2111, 2112, 2131, 2133, 2134, 2137, 2139, or 2297f of this title or any rule, regulation, or order issued thereunder, or any term, condition, or limitation of any license or certification issued thereunder, (2) violates any provision of [section 2077 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2077&num=0&edition=prelim), or (3) commits any violation for which a license may be revoked under [section 2236 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2236&num=0&edition=prelim), shall be subject to a civil penalty, to be imposed by the Commission, of not to exceed $100,000 for each such violation. If any violation is a continuing one, each day of such violation shall constitute a separate violation for the purpose of computing the applicable civil penalty. The Commission shall have the power to compromise, mitigate, or remit such penalties.
**(b) Notice** Whenever the Commission has reason to believe that a person has become subject to the imposition of a civil penalty under the provisions of this section, it shall notify such person in writing (1) setting forth the date, facts, and nature of each act or omission with which the person is charged, (2) specifically identifying the particular provision or provisions of the section, rule, regulation, order, or license involved in the violation, and (3) advising of each penalty which the Commission proposes to impose and its amount. Such written notice shall be sent by registered or certified mail by the Commission to the last known address of such person. The person so notified shall be granted
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Federal law — U.S. Code and appendices · legal_authorities
The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** On or after the first Monday in January but not later than the first Monday in February of each year, the President shall submit a budget of the United States Government for the following fiscal year. Each budget shall include a budget message and summary and supporting information. The President shall include in each budget the following:
(1) information on activities and functions of the Government.
(2) when practicable, information on costs and achievements of Government programs.
(3) other desirable classifications of information.
(4) a reconciliation of the summary information on expenditures with proposed appropriations.
(5) except as provided in subsection (b) of this section, estimated expenditures and proposed appropriations the President decides are necessary to support the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year.
(6) estimated receipts of the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year under—
(A) laws in effect when the budget is submitted; and
(B) proposals in the budget to increase revenues.
(7) appropriations, expenditures, and receipts of the Government in the prior fiscal year.
(8) estimated expenditures and receipts, and appropriations and proposed appropriations, of the Government for the current fiscal year.
(9) balanced statements of the—
(A) condition of the Treasury at the end of the prior fiscal year;
(B) estimated condition of the Treasury at the end of the current fiscal year; and
(C) estimated condition of the Treasury at the end of the fiscal year for which the budget is submitted if financial proposals in the budget are adopted.
(10) essential information about the debt of the Government.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The following definitions apply in this title:
(1) The term “United States”, in a geographic sense, means the States and the District of Columbia.
(2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.]
(3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth.
(4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
(5) The term “uniformed services” means—
(A) the armed forces;
(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and
(C) the commissioned corps of the Public Health Service.
(6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments.
(7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government.
(8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
(9) The term
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Federal law — U.S. Code and appendices · legal_authorities
In the performance of its functions the Commission is authorized to—
**(a) Establishment of advisory boards** establish advisory boards to advise with and make recommendations to the Commission on legislation, policies, administration, research, and other matters, provided that the Commission issues regulations setting forth the scope, procedure, and limitations of the authority of each such board;
**(b) Standards governing use and possession of material** establish by rule, regulation, or order, such standards and instructions to govern the possession and use of special nuclear material, source material, and byproduct material as the Commission may deem necessary or desirable to promote the common defense and security or to protect health or to minimize danger to life or property; in addition, the Commission shall prescribe such regulations or orders as may be necessary or desirable to promote the Nation’s common defense and security with regard to control, ownership, or possession of any equipment or device, or important component part especially designed for such equipment or device, capable of separating the isotopes of uranium or enriching uranium in the isotope 235;
**(c) Studies and investigations** make such studies and investigations, obtain such information, and hold such meetings or hearings as the Commission may deem necessary or proper to assist it in exercising any authority provided in this chapter, or in the administration or enforcement of this chapter, or any regulations or orders issued thereunder. For such purposes the Commission is authorized to administer oaths and affirmations, and by subpena to require any person to appear and testify, or to appear and produce documents, or both, at any designated place. Witnesses subpenaed under this subsecti
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Federal law — U.S. Code and appendices · legal_authorities
Page 5409
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 2077a
Energy’s process for determining a country’s generally
authorized destination status under part 810 of title 10,
Code of Federal Regulations, and for listing such coun-
try as a generally authorized destination in Appendix A
to part 810 of title 10, Code of Federal Regulations, tak-
ing into consideration and, as appropriate, incor-
porating factors identified and evaluated under sub-
section (a).
‘‘(c) REVISIONS
TO LIST.—Not later than one year
after the date of enactment of this Act, and at least
once every 5 years thereafter, the Secretary of Energy
shall, in accordance with any process updated pursuant
to this section, review the list in Appendix A to part 810
of title 10, Code of Federal Regulations, and amend
such list as appropriate.’’
Executive Documents
PERFORMANCE OF FUNCTIONS PENDING DEVELOPMENT
OF PROCEDURES
The performance of functions under this chapter, as
amended by the Nuclear Non-Proliferation Act of 1978,
Pub. L. 95–242, Mar. 10, 1978, 92 Stat. 120, not to be de-
layed pending development of procedures even though
as many as 120 days [after Mar. 10, 1978] are allowed for
establishing those procedures, see section 5(b) of Ex.
Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out under
section 3201 of Title 22, Foreign Relations and Inter-
course.
§ 2077a. Interagency review of applications for
the transfer of United States civil nuclear
technology
(a) Annual reports on transfers to covered for-
eign countries
At the same time as the President submits to
Congress the annual budget request under sec-
tion 1105 of title 31 for a fiscal year, the Sec-
retary of Energy shall submit to the appropriate
congressional committees a report that in-
cludes—
(1) a description of the
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2077a
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Federal law — U.S. Code and appendices · legal_authorities
Page 151
TITLE 50—WAR AND NATIONAL DEFENSE
§ 1701
CHAPTER 35—INTERNATIONAL EMERGENCY
ECONOMIC POWERS
Sec.
1701.
Unusual and extraordinary threat; declara-
tion of national emergency; exercise of
Presidential authorities.
1702.
Presidential authorities.
1703.
Consultation and reports.
1704.
Authority to issue regulations.
1705.
Penalties.
1706.
Savings provisions.
1707.
Multinational economic embargoes against
governments in armed conflict with the
United States.
1708.
Actions to address economic or industrial es-
pionage in cyberspace.
1709.
Imposition of sanctions with respect to theft
of trade secrets of United States persons.
1710.
Confronting asymmetric and malicious cyber
activities.
§ 1701. Unusual and extraordinary threat; dec-
laration of national emergency; exercise of
Presidential authorities
(a) Any authority granted to the President by
section 1702 of this title may be exercised to deal
with any unusual and extraordinary threat,
which has its source in whole or substantial part
outside the United States, to the national secu-
rity, foreign policy, or economy of the United
States, if the President declares a national
emergency with respect to such threat.
(b) The authorities granted to the President
by section 1702 of this title may only be exer-
cised to deal with an unusual and extraordinary
threat with respect to which a national emer-
gency has been declared for purposes of this
chapter and may not be exercised for any other
purpose. Any exercise of such authorities to deal
with any new threat shall be based on a new dec-
laration of national emergency which must be
with respect to such threat.
(Pub. L. 95–223, title II, § 202, Dec. 28, 1977, 91
Stat. 1626.)
Statutory Notes and Related Subsidiaries
SHORT TITLE
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 1701
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