42 U.S.C. § 2156a — Regulations establishing levels of phys-

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 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) 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 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. § 2157. Additional export criterion and proce- dures (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-nu- clear-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 ex- port. (2) The President shall seek to achieve adher- ence 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 re- spect to any application for the export of mate- rials, facilities, or technology specified in sub- section (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 ap- plies because such criterion has not yet been met would be seriously prejudicial to the achievement of United States non-prolifera- tion 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 utili- zation facility or of any source or special nu- clear 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 author- ization with respect to such state is submitted to the Congress (together with a detailed as- sessment of the reasons underlying the Presi- dent’s determination, the judgment of the ex- ecutive branch required under section 2155 of this title, and any Commission opinion and views) for a period of sixty days of continuous session (as defined in section 2159(g) of this title) and referred to the Committee on For- eign 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 sub- stance that the Congress does not favor the proposed export. Any such license or author- ization shall be considered pursuant to the procedures set forth in section 2159 of this title for the consideration of Presidential submis- sions. (2) If the Congress adopts a resolution of dis- approval 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 Presi- dent notifies the Congress that he has deter- mined 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 Con- gress, 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 resolu- tion of disapproval with respect to a license or authorization submitted pursuant to para- graph (1), the criterion set forth in subsection (a) shall not be applied as an export criterion