42 U.S.C. § 2154 — International atomic pool

Page 5444 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2154 1 So in original. Probably should be ‘‘can’’. for cooperation entered into pursuant to sec- tions 2121(c), 2164(b), or 2164(c) of this title or ar- rangements pursuant thereto as it was in effect immediately prior to March 10, 1978. (Pub. L. 95–242, title VI, § 603(a), (b), Mar. 10, 1978, 92 Stat. 152.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, means the Nuclear 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, Foreign Relations and Inter- course. For complete classification 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. 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 the Nuclear Non-Pro- liferation Act of 1978, Pub. L. 95–242, Mar. 10, 1978, 92 Stat. 120, not to be delayed pending development of pro- cedures 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 Re- lations and Intercourse. § 2154. International atomic pool The President is authorized to enter into an international arrangement with a group of na- tions providing for international cooperation in the nonmilitary applications of atomic energy and he may thereafter cooperate with that group of nations pursuant to sections 2074(a), 2077, 2094, 2112, 2133, 2134, or 2164(a) of this title: Provided, however, That the cooperation is un- dertaken pursuant to an agreement for coopera- tion entered into in accordance with section 2153 of this title. (Aug. 1, 1946, ch. 724, title I, § 124, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 940; amended Pub. L. 93–377, § 5, Aug. 17, 1974, 88 Stat. 475; renum- bered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes AMENDMENTS 1974—Pub. L. 93–377 substituted reference to section 2074(a) of this title for reference to section 2074 of this title. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of this title. See also Transfer of Functions notes set out under those sections. § 2155. Export licensing procedures (a) Executive branch judgment on export appli- cations; criteria governing United States nu- clear exports No license may be issued by the Nuclear Regu- latory Commission (the ‘‘Commission’’) for the export of any production or utilization facility, or any source material or special nuclear mate- rial, 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 com- mon 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 signifi- cance for nuclear explosive purposes. The Sec- retary of State shall, within ninety days after March 10, 1978, establish orderly and expedi- tious procedures, including provision for nec- essary administrative actions and inter-agen- cy memoranda of understanding, which are mutually agreeable to the Secretaries of En- ergy, Defense, and Commerce, and the Nuclear Regulatory Commission, for the preparation of the executive branch judgment on export ap- plications 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 iden- tified officials responsible for meeting such deadlines), an inter-agency coordinating au- thority to monitor the processing of such ap- plications, predetermined procedures for the expeditious handling of intra-agency and inter-agency disagreements and appeals to higher authorities, frequent meetings of inter- agency administrative coordinators to review the status of all pending applications, and similar administrative mechanisms. To the ex- tent practicable, an applicant should be ad- vised of all the information required of the ap- plicant for the entire process for every agen- cy’s needs at the beginning of the process. Po- tentially controversial applications should be identified as quickly as possible so that any required policy decisions or diplomatic con- sultations con 1 be initiated in a timely man- ner. An immediate effort should be under- taken to establish quickly any necessary standards and criteria, including the nature of any required assurances or evidentiary showings, for the decisions required under this section. The processing of any export applica- tion proposed and filed as of March 10, 1978, shall not be delayed pending the development and establishment of procedures to implement