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 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