42 U.S.C. § 2155b — International nuclear export and innova-

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 constitute the exclusive basis for hearings in nuclear export licensing proceedings before the Commission and, not- withstanding section 189 a. of the 1954 Act [42 U.S.C. 2239(a)], shall not require the Commission to grant any person an on-the-record hearing in such a proceeding. (Pub. L. 95–242, title III, § 304(b), (c), Mar. 10, 1978, 92 Stat. 135.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (b), means the Nu- clear Non-Proliferation Act of 1978, Pub. L. 95–242, Mar. 10, 1978, 92 Stat. 120, which is classified principally to chapter 47 (§ 3201 et seq.) of Title 22. For complete clas- sification of this Act to the Code, see Short Title note set out under section 3201 of Title 22 and Tables. 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. Section is based on subsecs. (b) and (c) of Pub. L. 95–242. Subsecs. (a) and (d) of Pub. L. 95–242 enacted sec- tions 2155 and 2156a, respectively, of this title. Statutory Notes and Related Subsidiaries 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) of Pub. L. 95–242, set out as a note under section 3201 of Title 22, Foreign Relations and Intercourse. DEFINITIONS For definitions of terms used in this section, see sec- tion 3203 of Title 22, Foreign Relations and Intercourse. Executive Documents PERFORMANCE OF FUNCTIONS PENDING DEVELOPMENT OF PROCEDURES The performance of functions under the Nuclear Non- Proliferation Act of 1978, Pub. L. 95–242, Mar. 10, 1978, 92 Stat. 120, not to be delayed 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, For- eign Relations and Intercourse. § 2155b. International nuclear export and innova- tion activities (a) Commission coordination (1) In general The Commission shall— (A) coordinate all work of the Commission relating to— (i) import and export licensing for nu- clear reactors and radioactive materials; and (ii) international regulatory cooperation and assistance relating to nuclear reactors and radioactive materials, including with countries that are members of— (I) the Organisation for Economic Co- operation and Development; or (II) the Nuclear Energy Agency; and (B) support interagency and international coordination with respect to— (i) the consideration of international technical standards to establish the licens- ing and regulatory basis to assist the de- sign, construction, and operation of nu- clear reactors and use of radioactive mate- rials; (ii) efforts to help build competent nu- clear regulatory organizations and legal frameworks in foreign countries that are seeking to develop civil nuclear industries; and (iii) exchange programs and training pro- vided, in coordination with the Secretary of State, to foreign countries relating to civil nuclear licensing and oversight to im- prove the regulation of nuclear reactors and radioactive materials, in accordance with paragraph (2). (2) Exchange programs and training With respect to the exchange programs and training described in paragraph (1)(B)(iii), the Commission shall coordinate, as applicable, with— (A) the Secretary of Energy; (B) the Secretary of State; (C) the National Laboratories; (D) the private sector; and (E) institutions of higher education. (b) Authority to establish branch The Commission may establish within the Of- fice of International Programs a branch, to be 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 facilities, and any sensitive nuclear tech- nology: (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 applica- ble agreement for cooperation, and to any spe- cial 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 applica- ble 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 explo- sive 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 pro- duced through the use thereof. Following the effective date of any regulations promulgated by the Commission pursuant to section 2156a of this title, 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 re- transferred to the jurisdiction of any other na- tion or group of nations unless the prior ap- proval of the United States is obtained for such retransfer. In addition to other require- ments 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 condi- tions 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 re- processed, and no irradiated fuel elements con- taining 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 condi- tions 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 tech- nology. (Aug. 1, 1946, ch. 724, title I, § 127, as added Pub. L. 95–242, title III, § 305, Mar. 10, 1978, 92 Stat. 136; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Statutory Notes and Related Subsidiaries 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) of Pub. L. 95–242, set out as a note under section 3201 of Title 22, Foreign Relations and Intercourse. 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. § 2156a. Regulations establishing levels of phys- ical security to protect facilities and material Within sixty days of March 10, 1978, the Com- mission shall, in consultation with the Sec- retary of State, the Secretary of Energy, and the Secretary of Defense, promulgate (and may from time to time amend) regulations estab- lishing the levels of physical security which in