-CITE-

42 USC Sec. 2111 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER VII - BYPRODUCT MATERIALS

-HEAD-

Sec. 2111. Domestic distribution; license; price limitations

-STATUTE-

No person may transfer or receive in interstate commerce,

manufacture, produce, transfer, acquire, own, possess, import, or

export any byproduct material, except to the extent authorized by

this section, section 2112 or section 2114 of this title. The

Commission is authorized to issue general or specific licenses to

applicants seeking to use byproduct material for research or

development purposes, for medical therapy, industrial uses,

agricultural uses, or such other useful applications as may be

developed. The Commission may distribute, sell, loan, or lease such

byproduct material as it owns to qualified applicants with or

without charge: Provided, however, That, for byproduct material to

be distributed by the Commission for a charge, the Commission shall

establish prices on such equitable basis as, in the opinion of the

Commission, (a) will provide reasonable compensation to the

Government for such material, (b) will not discourage the use of

such material or the development of sources of supply of such

material independent of the Commission, and (c) will encourage

research and development. In distributing such material, the

Commission shall give preference to applicants proposing to use

such material either in the conduct of research and development or

in medical therapy. The Commission shall not permit the

distribution of any byproduct material to any licensee, and shall

recall or order the recall of any distributed material from any

licensee, who is not equipped to observe or who fails to observe

such safety standards to protect health as may be established by

the Commission or who uses such material in violation of law or

regulation of the Commission or in a manner other than as disclosed

in the application therefor or approved by the Commission. The

Commission is authorized to establish classes of byproduct material

and to exempt certain classes or quantities of material or kinds of

uses or users from the requirements for a license set forth in this

section when it makes a finding that the exemption of such classes

or quantities of such material or such kinds of uses or users will

not constitute an unreasonable risk to the common defense and

security and to the health and safety of the public.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 81, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 935; amended Pub. L. 93-377, Sec. 4,

Aug. 17, 1974, 88 Stat. 475; Pub. L. 95-604, title II, Sec. 205(b),

Nov. 8, 1978, 92 Stat. 3039; renumbered title I, Pub. L. 102-486,

title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1805(c)(2) of this title, prior to the general amendment and

renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

AMENDMENTS

1978 - Pub. L. 95-604 inserted reference to section 2114 of this

title.

1974 - Pub. L. 93-377 substituted "qualified applicants with or

without charge" for "licensees with or without charge", and struck

out "Licensees of the Commission may distribute byproduct material

only to applicants therefor who are licensed by the Commission to

receive such byproduct material" before "The Commission shall not".

-TRANS-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2113, 2114, 2121, 2183,

2201, 2210, 2282, 2296a of this title.

-End-

-CITE-

42 USC Sec. 2112 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER VII - BYPRODUCT MATERIALS

-HEAD-

Sec. 2112. Foreign distribution of byproduct material

-STATUTE-

(a) Cooperation with other Nations

The Commission is authorized to cooperate with any nation by

distributing byproduct material, and to distribute byproduct

material, pursuant to the terms of an agreement for cooperation to

which such nation is party and which is made in accordance with

section 2153 of this title.

(b) Distribution to individuals

The Commission is also authorized to distribute byproduct

material to any person outside the United States upon application

therefor by such person and demand such charge for such material as

would be charged for the material if it were distributed within the

United States: Provided, however, That the Commission shall not

distribute any such material to any person under this section if,

in its opinion, such distribution would be inimical to the common

defense and security: And provided further, That the Commission may

require such reports regarding the use of material distributed

pursuant to the provisions of this section as it deems necessary.

(c) Distributor's license

The Commission is authorized to license others to distribute

byproduct material to any person outside the United States under

the same conditions, except as to charges, as would be applicable

if the material were distributed by the Commission.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 82, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 935; renumbered title I, Pub. L.

102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-TRANS-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2014, 2111, 2141, 2153,

2154, 2155, 2282 of this title.

-End-

-CITE-

42 USC Sec. 2113 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER VII - BYPRODUCT MATERIALS

-HEAD-

Sec. 2113. Ownership and custody of certain byproduct material and

disposal sites

-STATUTE-

(a) Specific assurances in license for pretermination actions

Any license issued or renewed after the effective date of this

section under section 2092 or section 2111 of this title for any

activity which results in the production of any byproduct material,

as defined in section 2014(e)(2) of this title, shall contain such

terms and conditions as the Commission determines to be necessary

to assure that, prior to termination of such license -

(1) the licensee will comply with decontamination,

decommissioning, and reclamation standards prescribed by the

Commission for sites (A) at which ores were processed primarily

for their source material content and (B) at which such byproduct

material is deposited, and

(2) ownership of any byproduct material, as defined in section

2014(e)(2) of this title, which resulted from such licensed

activity shall be transferred to (A) the United States or (B) in

the State in which such activity occurred if such State exercises

the option under subsection (b)(1) of this section to acquire

land used for the disposal of byproduct material.

Any license which is in effect on the effective date of this

section and which is subsequently terminated without renewal shall

comply with paragraphs (1) and (2) upon termination.

(b) Transfer of title; health and environmental protection through

maintenance of property and materials; use of surface or

subsurface estates: first refusal rights of transferor;

maintenance, monitoring, and emergency measures and other

authorized action; licensee-transferor liability for fraud or

negligence; administrative and legal costs limitation; government

retransfers under section 7914(h) of this title

(1)(A) The Commission shall require by rule, regulation, or order

that prior to the termination of any license which is issued after

the effective date of this section, title to the land, including

any interests therein (other than land owned by the United States

or by a State) which is used for the disposal of any byproduct

material, as defined by section 2014(e)(2) of this title, pursuant

to such license shall be transferred to -

(i) the United States, or

(ii) the State in which such land is located, at the option of

such State,

unless the Commission determines prior to such termination that

transfer of title to such land and such byproduct material is not

necessary or desirable to protect the public health, safety, or

welfare or to minimize or eliminate danger to life or property.

Such determination shall be made in accordance with section 2231 of

this title. Notwithstanding any other provision of law or any such

determination, such property and materials shall be maintained

pursuant to a license issued by the Commission pursuant to section

2111 of this title in such manner as will protect the public

health, safety, and the environment.

(B) If the Commission determines by order that use of the surface

or subsurface estates, or both, of the land transferred to the

United States or to a State under subparagraph (A) would not

endanger the public health, safety, welfare, or environment, the

Commission, pursuant to such regulations as it may prescribe, shall

permit the use of the surface or subsurface estates, or both, of

such land in a manner consistent with the provisions of this

section. If the Commission permits such use of such land, it shall

provide the person who transferred such land with the right of

first refusal with respect to such use of such land.

(2) If transfer to the United States of title to such byproduct

material and such land is required under this section, the

Secretary of Energy or any Federal agency designated by the

President shall, following the Commission's determination of

compliance under subsection (c) of this section, assume title and

custody of such byproduct material and land transferred as provided

in this subsection. Such Secretary or Federal agency shall maintain

such material and land in such manner as will protect the public

health and safety and the environment. Such custody may be

transferred to another officer or instrumentality of the United

States only upon approval of the President.

(3) If transfer to a State of title to such byproduct material is

required in accordance with this subsection, such State shall,

following the Commission's determination of compliance under

subsection (d) of this section, assume title and custody of such

byproduct material and land transferred as provided in this

subsection. Such State shall maintain such material and land in

such manner as will protect the public health, safety, and the

environment.

(4) In the case of any such license under section 2092 of this

title, which was in effect on the effective date of this section,

the Commission may require, before the termination of such license,

such transfer of land and interests therein (as described in

paragraph (1) of this subsection) to the United States or a State

in which such land is located, at the option of such State, as may

be necessary to protect the public health, welfare, and the

environment from any effects associated with such byproduct

material. In exercising the authority of this paragraph, the

Commission shall take into consideration the status of the

ownership of such land and interests therein and the ability of the

licensee to transfer title and custody thereof to the United States

or a State.

(5) The Commission may, pursuant to a license, or by rule or

order, require the Secretary or other Federal agency or State

having custody of such property and materials to undertake such

monitoring, maintenance, and emergency measures as are necessary to

protect the public health and safety and such other actions as the

Commission deems necessary to comply with the standards promulgated

pursuant to section 2114 of this title. The Secretary or such other

Federal agency is authorized to carry out maintenance, monitoring,

and emergency measures, but shall take no other action pursuant to

such license, rule or order, with respect to such property and

materials unless expressly authorized by Congress after November 8,

1978.

(6) The transfer of title to land or byproduct materials, as

defined in section 2014(e)(2) of this title, to a State or the

United States pursuant to this subsection shall not relieve any

licensee of liability for any fraudulent or negligent acts done

prior to such transfer.

(7) Material and land transferred to the United States or a State

in accordance with this subsection shall be transferred without

cost to the United States or a State (other than administrative and

legal costs incurred in carrying out such transfer). Subject to the

provisions of paragraph (1)(B) of this subsection, the United

States or a State shall not transfer title to material or property

acquired under this subsection to any person, unless such transfer

is in the same manner as provided under section 7914(h) of this

title.

(8) The provisions of this subsection respecting transfer of

title and custody to land shall not apply in the case of lands held

in trust by the United States for any Indian tribe or lands owned

by such Indian tribe subject to a restriction against alienation

imposed by the United States. In the case of such lands which are

used for the disposal of byproduct material, as defined in section

2014(e)(2) of this title, the licensee shall be required to enter

into such arrangements with the Commission as may be appropriate to

assure the long-term maintenance and monitoring of such lands by

the United States.

(c) Compliance with applicable standards and license requirements;

determination upon termination of license

Upon termination on (!1) any license to which this section

applies, the Commission shall determine whether or not the licensee

has complied with all applicable standards and requirements under

such license.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 83, as added Pub. L. 95-604,

title II, Sec. 202(a), Nov. 8, 1978, 92 Stat. 3033; amended Pub. L.

96-106, Sec. 22(c), (e), Nov. 9, 1979, 93 Stat. 800; renumbered

title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992,

106 Stat. 2944.)

-REFTEXT-

REFERENCES IN TEXT

Effective date of this section, referred to in subsecs. (a) and

(b)(1)(A), (4), is three years after Nov. 8, 1978, see section

202(b) of Pub. L. 95-604, set out as an Effective Date note below.

-MISC1-

AMENDMENTS

1979 - Subsec. (a). Pub. L. 96-106, Sec. 22(c), substituted "Any

license which is in effect on the effective date of this section

and which is subsequently terminated without renewal shall comply

with paragraphs (1) and (2) upon termination" for "Any license in

effect on November 8, 1978, shall either contain such terms and

conditions on renewal thereof after the effective date of this

section, or comply with paragraphs (1) and (2) upon the termination

of such license, whichever first occurs".

Subsec. (b)(1)(A). Pub. L. 96-106, Sec. 22(e), among other

changes, substituted reference to section 2111 of this title for

reference to section 2114(b) of this title.

EFFECTIVE DATE

Section 202(b) of Pub. L. 95-604 provided that: "This section

[enacting this section] shall be effective three years after the

enactment of this Act [Nov. 8, 1978]."

-TRANS-

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.

-MISC2-

CONSOLIDATION OF LICENSES AND PROCEDURES

Section 209 of Pub. L. 95-604 provided that: "The Nuclear

Regulatory Commission shall consolidate, to the maximum extent

practicable, licenses and licensing procedures under amendments

made by this title [see Effective Date of 1978 Amendment note set

out under section 2014 of this title] with licenses and licensing

procedures under other authorities contained in the Atomic Energy

Act of 1954 [this chapter]."

[Provision effective Nov. 8, 1978, see section 208 of Pub. L.

95-604, set out as an Effective Date of 1978 Amendment note under

section 2014 of this title].

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2021, 2114 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "of".

-End-

-CITE-

42 USC Sec. 2114 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER VII - BYPRODUCT MATERIALS

-HEAD-

Sec. 2114. Authorities of Commission respecting certain byproduct

material

-STATUTE-

(a) Management function

The Commission shall insure that the management of any byproduct

material, as defined in section 2014(e)(2) of this title, is

carried out in such manner as -

(1) the Commission deems appropriate to protect the public

health and safety and the environment from radiological and

non-radiological hazards associated with the processing and with

the possession and transfer of such material, taking into account

the risk to the public health, safety, and the environment, with

due consideration of the economic costs and such other factors as

the Commission determines to be appropriate,,(!1)

(2) conforms with applicable general standards promulgated by

the Administrator of the Environmental Protection Agency under

section 2022 of this title, and

(3) conforms to general requirements established by the

Commission, with the concurrence of the Administrator, which are,

to the maximum extent practicable, at least comparable to

requirements applicable to the possession, transfer, and disposal

of similar hazardous material regulated by the Administrator

under the Solid Waste Disposal Act, as amended [42 U.S.C. 6901 et

seq.].

(b) Rules, regulations, or orders for certain activities; civil

penalty

In carrying out its authority under this section, the Commission

is authorized to -

(1) by rule, regulation, or order require persons, officers, or

instrumentalities exempted from licensing under section 2111 of

this title to conduct monitoring, perform remedial work, and to

comply with such other measures as it may deem necessary or

desirable to protect health or to minimize danger to life or

property, and in connection with the disposal or storage of such

byproduct material; and

(2) make such studies and inspections and to conduct such

monitoring as may be necessary.

Any violation by any person other than the United States or any

officer or employee of the United States or a State of any rule,

regulation, or order or licensing provision, of the Commission

established under this section or section 2113 of this title shall

be subject to a civil penalty in the same manner and in the same

amount as violations subject to a civil penalty under section 2282

of this title. Nothing in this section affects any authority of the

Commission under any other provision of this chapter.

(c) Alternative requirements or proposals

In the case of sites at which ores are processed primarily for

their source material content or which are used for the disposal of

byproduct material as defined in section 2014(e)(2) of this title,

a licensee may propose alternatives to specific requirements

adopted and enforced by the Commission under this chapter. Such

alternative proposals may take into account local or regional

conditions, including geology, topography, hydrology and

meteorology. The Commission may treat such alternatives as

satisfying Commission requirements if the Commission determines

that such alternatives will achieve a level of stabilization and

containment of the sites concerned, and a level of protection for

public health, safety, and the environment from radiological and

nonradiological hazards associated with such sites, which is

equivalent to, to the extent practicable, or more stringent than

the level which would be achieved by standards and requirements

adopted and enforced by the Commission for the same purpose and any

final standards promulgated by the Administrator of the

Environmental Protection Agency in accordance with section 2022 of

this title.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 84, as added Pub. L. 95-604,

title II, Sec. 205(a), Nov. 8, 1978, 92 Stat. 3039; amended Pub. L.

97-415, Secs. 20, 22(a), Jan. 4, 1983, 96 Stat. 2079, 2080;

renumbered title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct.

24, 1992, 106 Stat. 2944.)

-REFTEXT-

REFERENCES IN TEXT

The Solid Waste Disposal Act, as amended, referred to in subsec.

(a)(3), is title II of Pub. L. 89-272, as amended generally by Pub.

L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795, which is

classified generally to chapter 82 (Sec. 6901 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 6901 of this title and

Tables.

-MISC1-

AMENDMENTS

1983 - Subsec. (a)(1). Pub. L. 97-415, Sec. 22(a), inserted

provision that the Commission is to take into account the risk to

the public health, safety, and the environment, with due

consideration of the economic costs and such other factors as the

Commission determines to be appropriate.

Subsec. (c). Pub. L. 97-415, Sec. 20, added subsec. (c).

EFFECTIVE DATE

Section effective Nov. 8, 1978, see section 208 of Pub. L.

95-604, set out as an Effective Date of 1978 Amendment note under

section 2014 of this title.

-TRANS-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2021, 2022, 2111, 2113 of

this title.

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

42 USC SUBCHAPTER VIII - MILITARY APPLICATION OF ATOMIC

ENERGY 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER VIII - MILITARY APPLICATION OF ATOMIC ENERGY

-HEAD-

SUBCHAPTER VIII - MILITARY APPLICATION OF ATOMIC ENERGY

-End-

-CITE-

42 USC Sec. 2121 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER VIII - MILITARY APPLICATION OF ATOMIC ENERGY

-HEAD-

Sec. 2121. Authority of Commission

-STATUTE-

(a) Research and development; weapons production; hazardous wastes;

transfers of technologies

The Commission is authorized to -

(1) conduct experiments and do research and development work in

the military application of atomic energy;

(2) engage in the production of atomic weapons, or atomic

weapon parts, except that such activities shall be carried on

only to the extent that the express consent and direction of the

President of the United States has been obtained, which consent

and direction shall be obtained at least once each year;

(3) provide for safe storage, processing, transportation, and

disposal of hazardous waste (including radioactive waste)

resulting from nuclear materials production, weapons production

and surveillance programs, and naval nuclear propulsion programs;

(4) carry out research on and development of technologies

needed for the effective negotiation and verification of

international agreements on control of special nuclear materials

and nuclear weapons; and

(5) under applicable law (other than this paragraph) and

consistent with other missions of the Department of Energy, make

transfers of federally owned or originated technology to State

and local governments, private industry, and universities or

other nonprofit organizations so that the prospects for

commercialization of such technology are enhanced.

(b) Material for Department of Defense use

The President from time to time may direct the Commission (1) to

deliver such quantities of special nuclear material or atomic

weapons to the Department of Defense for such use as he deems

necessary in the interest of national defense, or (2) to authorize

the Department of Defense to manufacture, produce, or acquire any

atomic weapon or utilization facility for military purposes:

Provided, however, That such authorization shall not extend to the

production of special nuclear material other than that incidental

to the operation of such utilization facilities.

(c) Sale, lease, or loan to other Nations of materials for military

applications

The President may authorize the Commission or the Department of

Defense, with the assistance of the other, to cooperate with

another nation and, notwithstanding the provisions of section 2077,

2092, or 2111 of this title, to transfer by sale, lease, or loan to

that nation, in accordance with terms and conditions of a program

approved by the President -

(1) nonnuclear parts of atomic weapons provided that such

nation has made substantial progress in the development of atomic

weapons, and other nonnuclear parts of atomic weapons systems

involving Restricted Data provided that such transfer will not

contribute significantly to that nation's atomic weapon design,

development, or fabrication capability; for the purpose of

improving that nation's state of training and operational

readiness;

(2) utilization facilities for military applications; and

(3) source, byproduct, or special nuclear material for research

on, development of, production of, or use in utilization

facilities for military applications; and

(4) source, byproduct, or special nuclear material for research

on, development of, or use in atomic weapons: Provided, however,

That the transfer of such material to that nation is necessary to

improve its atomic weapon design, development, or fabrication

capability: And provided further, That such nation has made

substantial progress in the development of atomic weapons,

whenever the President determines that the proposed cooperation and

each proposed transfer arrangement for the nonnuclear parts of

atomic weapons and atomic weapons systems, utilization facilities

or source, byproduct, or special nuclear material will promote and

will not constitute an unreasonable risk to the common defense and

security, while such other nation is participating with the United

States pursuant to an international arrangement by substantial and

material contributions to the mutual defense and security:

Provided, however, That the cooperation is undertaken pursuant to

an agreement entered into in accordance with section 2153 of this

title: And provided further, That if an agreement for cooperation

arranged pursuant to this subsection provides for transfer of

utilization facilities for military applications the Commission, or

the Department of Defense with respect to cooperation it has been

authorized to undertake, may authorize any person to transfer such

utilization facilities for military applications in accordance with

the terms and conditions of this subsection and of the agreement

for cooperation.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 91, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 936; amended Pub. L. 85-479, Sec. 1,

July 2, 1958, 72 Stat. 276; Pub. L. 101-189, div. C, title XXXI,

Sec. 3157, Nov. 29, 1989, 103 Stat. 1684; renumbered title I, Pub.

L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat.

2944.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1806(a) of this title, prior to the general amendment and

renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

AMENDMENTS

1989 - Subsec. (a)(3) to (5). Pub. L. 101-189 added pars. (3) to

(5).

1958 - Subsec. (c). Pub. L. 85-479 added subsec. (c).

-TRANS-

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.

DELEGATION OF FUNCTIONS

Authority vested in President by subsec. (c) of this section

delegated to Secretary of Defense and Secretary of Energy, see

section 2(a)(1) of Ex. Ord. No. 10841, as amended, set out as a

note under section 2153 of this title.

-MISC2-

FORM OF CERTIFICATIONS REGARDING SAFETY OR RELIABILITY OF NUCLEAR

WEAPONS STOCKPILE

Pub. L. 106-398, Sec. 1 [div. C, title XXXI, Sec. 3194], Oct. 30,

2000, 114 Stat. 1654, 1654A-481, provided that: "Any certification

submitted to the President by the Secretary of Defense or the

Secretary of Energy regarding confidence in the safety or

reliability of a nuclear weapon type in the United States nuclear

weapons stockpile shall be submitted in classified form only."

AUTHORITY TO PROVIDE CERTIFICATE OF COMMENDATION TO DEPARTMENT OF

ENERGY AND CONTRACTOR EMPLOYEES FOR EXEMPLARY SERVICE IN STOCKPILE

STEWARDSHIP AND SECURITY

Pub. L. 106-398, Sec. 1 [div. C, title XXXI, Sec. 3195], Oct. 30,

2000, 114 Stat. 1654, 1654A-481, provided that:

"(a) Authority To Present Certificate of Commendation. - The

Secretary of Energy may present a certificate of commendation to

any current or former employee of the Department of Energy, and any

current or former employee of a Department contractor, whose

service to the Department in matters relating to stockpile

stewardship and security assisted the Department in furthering the

national security interests of the United States.

"(b) Certificate. - The certificate of commendation presented to

a current or former employee under subsection (a) shall include an

appropriate citation of the service of the current or former

employee described in that subsection, including a citation for

dedication, intellect, and sacrifice in furthering the national

security interests of the United States by maintaining a strong,

safe, and viable United States nuclear deterrent during the Cold

War or thereafter.

"(c) Department of Energy Defined. - For purposes of this

section, the term 'Department of Energy' includes any predecessor

agency of the Department of Energy."

NUCLEAR WEAPONS STOCKPILE LIFE EXTENSION PROGRAM

Pub. L. 106-65, div. C, title XXXI, Sec. 3133, Oct. 5, 1999, 113

Stat. 926, provided that:

"(a) Program Required. - The Secretary of Energy shall, in

consultation with the Secretary of Defense, carry out a program to

provide for the extension of the effective life of the weapons in

the nuclear weapons stockpile.

"(b) Administrative Responsibility for Program. - (1) The program

under subsection (a) shall be carried out through the element of

the Department of Energy with responsibility for defense programs.

"(2) For each budget submitted by the President to Congress under

section 1105 of title 31, United States Code, the amounts requested

for the program shall be clearly identified in the budget

justification materials submitted to Congress in support of that

budget.

"(c) Program Plan. - As part of the program under subsection (a),

the Secretary shall develop a long-term plan for the extension of

the effective life of the weapons in the nuclear weapons stockpile.

The plan shall include the following:

"(1) Mechanisms to provide for the remanufacture,

refurbishment, and modernization of each weapon design designated

by the Secretary for inclusion in the enduring nuclear weapons

stockpile as of the date of the enactment of this Act [Oct. 5,

1999].

"(2) Mechanisms to expedite the collection of information

necessary for carrying out the program, including information

relating to the aging of materials and components, new

manufacturing techniques, and the replacement or substitution of

materials.

"(3) Mechanisms to ensure the appropriate assignment of roles

and missions for each nuclear weapons laboratory and production

plant of the Department, including mechanisms for allocation of

workload, mechanisms to ensure the carrying out of appropriate

modernization activities, and mechanisms to ensure the retention

of skilled personnel.

"(4) Mechanisms for allocating funds for activities under the

program, including allocations of funds by weapon type and

facility.

"(5) An identification of the funds needed, in the current

fiscal year and in each of the next five fiscal years, to carry

out the program.

"(d) Annual Submittal of Plan. - (1) The Secretary shall submit

to the Committees on Armed Services of the Senate and the House of

Representatives the plan developed under subsection (c) not later

than January 1, 2000. The plan shall contain the maximum level of

detail practicable.

"(2) The Secretary shall submit to the committees referred to in

paragraph (1) each year after 2000, at the same time as the

submission of the budget for the fiscal year beginning in such year

under section 1105 of title 31, United States Code, an update of

the plan submitted under paragraph (1). Each update shall contain

the same level of detail as the plan submitted under paragraph (1).

"(e) GAO Assessment. - Not later than 30 days after the

submission of the plan under subsection (d)(1) or any update of the

plan under subsection (d)(2), the Comptroller General shall submit

to the committees referred to in subsection (d)(1) an assessment of

whether the program can be carried out under the plan or the update

(as applicable) -

"(1) in the current fiscal year, given the budget for that

fiscal year; and

"(2) in future fiscal years.

"(f) Sense of Congress Regarding Funding of Program. - It is the

sense of Congress that the President should include in each budget

for a fiscal year submitted to Congress under section 1105 of title

31, United States Code, sufficient funds to carry out in the fiscal

year covered by such budget the activities under the program under

subsection (a) that are specified in the most current version of

the plan for the program under this section."

REPORT ON STOCKPILE STEWARDSHIP CRITERIA

Pub. L. 105-261, div. C, title XXXI, Sec. 3158, Oct. 17, 1998,

112 Stat. 2257, as amended by Pub. L. 106-65, div. A, title X, Sec.

1067(3), Oct. 5, 1999, 113 Stat. 774, provided that:

"(a) Requirement for Criteria. - The Secretary of Energy shall

develop clear and specific criteria for judging whether the

science-based tools being used by the Department of Energy for

determining the safety and reliability of the nuclear weapons

stockpile are performing in a manner that will provide an adequate

degree of certainty that the stockpile is safe and reliable.

"(b) Coordination With Secretary of Defense. - The Secretary of

Energy, in developing the criteria required by subsection (a),

shall coordinate with the Secretary of Defense.

"(c) Report. - Not later than March 1, 2000, the Secretary of

Energy shall submit to the Committee on Armed Services of the

Senate and the Committee on Armed Services of the House of

Representatives a report on the efforts by the Department of Energy

to develop the criteria required by subsection (a). The report

shall include -

"(1) a description of the information needed to determine that

the nuclear weapons stockpile is safe and reliable and the

relationship of the science-based tools to the collection of that

information; and

"(2) a description of the criteria required by subsection (a)

to the extent they have been developed as of the date of the

submission of the report."

PANEL TO ASSESS THE RELIABILITY, SAFETY, AND SECURITY OF THE UNITED

STATES NUCLEAR STOCKPILE

Pub. L. 105-261, div. C, title XXXI, Sec. 3159, Oct. 17, 1998,

112 Stat. 2258, as amended by Pub. L. 106-65, div. A, title X, Sec.

1067(3), Oct. 5, 1999, 113 Stat. 774; Pub. L. 107-107, div. C,

title XXXI, Sec. 3156, Dec. 28, 2001, 115 Stat. 1379; Pub. L.

107-314, div. C, title XXXI, Sec. 3175, Dec. 2, 2002, 116 Stat.

2745, provided that:

"(a) Requirement for Panel. - The Secretary of Defense, in

consultation with the Secretary of Energy, shall enter into a

contract with a federally funded research and development center to

establish a panel for the assessment of the certification process

for the reliability, safety, and security of the United States

nuclear stockpile.

"(b) Composition and Administration of Panel. - (1) The panel

shall consist of private citizens of the United States with

knowledge and expertise in the technical aspects of design,

manufacture, and maintenance of nuclear weapons.

"(2) The federally funded research and development center shall

be responsible for establishing appropriate procedures for the

panel, including selection of a panel chairman.

"(c) Duties of Panel. - Each year the panel shall review and

assess the following:

"(1) The annual certification process, including the

conclusions and recommendations resulting from the process, for

the safety, security, and reliability of the nuclear weapons

stockpile of the United States, as carried out by the directors

of the national weapons laboratories.

"(2) The long-term adequacy of the process of certifying the

safety, security, and reliability of the nuclear weapons

stockpile of the United States.

"(3) The adequacy of the criteria established by the Secretary

of Energy pursuant to section 3158 [set out as a note above] for

achieving the purposes for which those criteria are established.

"(d) Report. - Not later than October 1 of 1999 and 2000, and not

later than February 1, 2002, the panel shall submit to the

Committee on Armed Services of the Senate and the Committee on

Armed Services of the House of Representatives a report setting

forth its findings and conclusions resulting from the review and

assessment carried out for the year covered by the report. The

report shall be submitted in classified and unclassified form.

"(e) Cooperation of Other Agencies. - (1) The panel may secure

directly from the Department of Energy, the Department of Defense,

or any of the national weapons laboratories or plants or any other

Federal department or agency information that the panel considers

necessary to carry out its duties.

"(2) For carrying out its duties, the panel shall be provided

full and timely cooperation by the Secretary of Energy, the

Secretary of Defense, the Commander of United States Strategic

Command, the Directors of the Los Alamos National Laboratory, the

Lawrence Livermore National Laboratory, the Sandia National

Laboratories, the Savannah River Site, the Y-12 Plant, the Pantex

Facility, and the Kansas City Plant, and any other official of the

United States that the chairman of the panel determines as having

information described in paragraph (1).

"(3) The Secretary of Energy and the Secretary of Defense shall

each designate at least one officer or employee of the Department

of Energy and the Department of Defense, respectively, to serve as

a liaison officer between the department and the panel.

"(f) Funding. - The Secretary of Defense and the Secretary of

Energy shall each contribute 50 percent of the amount of funds that

are necessary for the panel to carry out its duties. Funds

available for the Department of Energy for the National Nuclear

Security Administration shall be available for the Department of

Energy contribution.

"(g) Termination of Panel. - The panel shall terminate April 1,

2003.

"(h) Initial Implementation. - The Secretary of Defense shall

enter into the contract required under subsection (a) not later

than 60 days after the date of the enactment of this Act [Oct. 17,

1998]. The panel shall convene its first meeting not later than 30

days after the date as of which all members of the panel have been

appointed.

"(i) Follow-Up Report. - Not later than February 1, 2003, the

panel shall submit to the Committee on Armed Services of the Senate

and the Committee on Armed Services of the House of Representatives

a follow-up report assessing progress toward meeting the

expectations set forth by the panel for the United States stockpile

stewardship program, and making recommendations for corrective

legislative action where progress has been unsatisfactory."

COMMISSION ON MAINTAINING UNITED STATES NUCLEAR WEAPONS EXPERTISE

Pub. L. 104-201, div. C, title XXXI, Sec. 3162, Sept. 23, 1996,

110 Stat. 2843, as amended by Pub. L. 105-85, div. C, title XXXI,

Sec. 3163, Nov. 18, 1997, 111 Stat. 2049, provided that:

"(a) Establishment. - There is hereby established a commission to

be known as the 'Commission on Maintaining United States Nuclear

Weapons Expertise' (in this section referred to as the

'Commission').

"(b) Organizational Matters. - (1)(A) The Commission shall be

composed of eight members appointed from among individuals in the

public and private sectors who have significant experience in

matters relating to nuclear weapons, as follows:

"(i) Two shall be appointed by the majority leader of the

Senate (in consultation with the minority leader of the Senate).

"(ii) One shall be appointed by the minority leader of the

Senate (in consultation with the majority leader of the Senate).

"(iii) Two shall be appointed by the Speaker of the House of

Representatives (in consultation with the minority leader of the

House of Representatives).

"(iv) One shall be appointed by the minority leader of the

House of Representatives (in consultation with the Speaker of the

House of Representatives).

"(v) Two shall be appointed by the Secretary of Energy.

"(B) Members shall be appointed for the life of the Commission.

Any vacancy in the Commission shall not affect its powers, but

shall be filled in the same manner as the original appointment.

"(C) The chairman of the Commission shall be designated from

among the members of the Commission appointed under subparagraph

(A) by the majority leader of the Senate, in consultation with the

Speaker of the House of Representatives, the minority leader of the

Senate, and the minority leader of the House of Representatives.

The chairman may be designated once five members of the Commission

have been appointed under subparagraph (A).

"(D) Members shall be appointed not later than 60 days after the

date of the enactment of this Act [Sept. 23, 1996].

"(E) The Commission may commence its activities under this

section upon the designation of the chairman of the Commission

under subparagraph (C).

"(2) The members of the Commission shall establish procedures for

the activities of the Commission, including procedures for calling

meetings, requirements for quorums, and the manner of taking votes.

"(c) Duties. - (1) The Commission shall develop a plan for

recruiting and retaining within the Department of Energy nuclear

weapons complex such scientific, engineering, and technical

personnel as the Commission determines appropriate in order to

permit the Department to maintain over the long term a safe and

reliable nuclear weapons stockpile without engaging in underground

testing.

"(2) In developing the plan, the Commission shall -

"(A) identify actions that the Secretary may undertake to

attract qualified scientific, engineering, and technical

personnel to the nuclear weapons complex of the Department; and

"(B) review and recommend improvements to the on-going efforts

of the Department to attract such personnel to the nuclear

weapons complex.

"(d) Report. - Not later than March 15, 1999, the Commission

shall submit to the Secretary and to Congress a report containing

the plan developed under subsection (c). The report may include

recommendations for legislation and administrative action.

"(e) Commission Personnel Matters. - (1) Each member of the

Commission who is not an officer or employee of the Federal

Government shall be compensated at a rate equal to the daily

equivalent of the annual rate of basic pay prescribed for level IV

of the Executive Schedule under section 5315 of title 5, United

States Code, for each day (including travel time) during which such

member is engaged in the performance of the duties of the

Commission. All members of the Commission who are officers or

employees of the United States shall serve without compensation in

addition to that received for their services as officers or

employees of the United States.

"(2) The members of the Commission shall be allowed travel

expenses, including per diem in lieu of subsistence, at rates

authorized for employees of agencies under subchapter I of chapter

57 of title 5, United States Code, while away from their homes or

regular places of business in the performance of services for the

Commission.

"(3) The Commission may, without regard to the civil service laws

and regulations, appoint and terminate such personnel as may be

necessary to enable the Commission to perform its duties. The

Commission may fix the compensation of the personnel of the

Commission without regard to the provisions of chapter 51 and

subchapter III of chapter 53 of title 5, United States Code,

relating to classification of positions and General Schedule pay

rates.

"(4) Any Federal Government employee may be detailed to the

Commission without reimbursement, and such detail shall be without

interruption or loss of civil service status or privilege.

"(f) Termination. - The Commission shall terminate 30 days after

the date on which the Commission submits its report under

subsection (d).

"(g) Applicability of FACA. - The provisions of the Federal

Advisory Committee Act (5 U.S.C. App.) shall not apply to the

activities of the Commission.

"(h) Funding. - Of the amounts authorized to be appropriated

pursuant to section 3101 [110 Stat. 2820], not more than $1,000,000

shall be available for the activities of the Commission under this

section. Funds made available to the Commission under this section

shall remain available until expended."

[Section 3163(a) of Pub. L. 105-85 provided that the amendment

made by that section to section 3162(b)(1) of Pub. L. 104-201, set

out above, is effective Jan. 1, 1998.]

TRITIUM PRODUCTION PROGRAM

Pub. L. 104-106, div. C, title XXXI, Sec. 3133, Feb. 10, 1996,

110 Stat. 618, provided that:

"(a) Establishment of Program. - The Secretary of Energy shall

establish a tritium production program that is capable of meeting

the tritium requirements of the United States for nuclear weapons.

In carrying out the tritium production program, the Secretary shall

-

"(1) complete the tritium supply and recycling environmental

impact statement in preparation by the Secretary as of the date

of the enactment of this Act [Feb. 10, 1996]; and

"(2) assess alternative means for tritium production, including

production through -

"(A) types of new and existing reactors, including

multipurpose reactors (such as advanced light water reactors

and gas turbine gas-cooled reactors) capable of meeting both

the tritium production requirements and the plutonium

disposition requirements of the United States for nuclear

weapons;

"(B) an accelerator; and

"(C) multipurpose reactor projects carried out by the private

sector and the Government.

"(b) Funding. - Of funds authorized to be appropriated to the

Department of Energy pursuant to section 3101 [110 Stat. 608], not

more than $50,000,000 shall be available for the tritium production

program established pursuant to subsection (a).

"(c) Location of Tritium Production Facility. - The Secretary

shall locate any new tritium production facility of the Department

of Energy at the Savannah River Site, South Carolina.

"(d) Cost-Benefit Analysis. - (1) The Secretary shall include in

the statements referred to in paragraph (2) a comparison of the

costs and benefits of carrying out two projects for the separate

performance of the tritium production mission of the Department and

the plutonium disposition mission of the Department with the costs

and benefits of carrying out one multipurpose project for the

performance of both such missions.

"(2) The statements referred to in paragraph (1) are -

"(A) the environmental impact statement referred to in

subsection (a)(1);

"(B) the plutonium disposition environmental impact statement

in preparation by the Secretary as of the date of the enactment

of this Act [Feb. 10, 1996]; and

"(C) assessments related to the environmental impact statements

referred to in subparagraphs (A) and (B).

"(e) Report. - Not later than 45 days after the date of the

enactment of this Act [Feb. 10, 1996], the Secretary shall submit

to the Committee on Armed Services of the Senate and the Committee

on National Security of the House of Representatives [now Committee

on Armed Services of the House of Representatives] a report on the

tritium production program established pursuant to subsection (a).

The report shall include a specification of -

"(1) the planned expenditures of the Department during fiscal

year 1996 for any of the alternative means for tritium production

assessed under subsection (a)(2);

"(2) the amount of funds required to be expended by the

Department, and the program milestones (including feasibility

demonstrations) required to be met, during fiscal years 1997

through 2001 to ensure tritium production beginning not later

than 2005 that is adequate to meet the tritium requirements of

the United States for nuclear weapons; and

"(3) the amount of such funds to be expended and such program

milestones to be met during such fiscal years to ensure such

tritium production beginning not later than 2011.

"(f) Tritium Targets. - Of the funds made available pursuant to

subsection (b), not more than $5,000,000 shall be available for the

Idaho National Engineering Laboratory for the test and development

of nuclear reactor tritium targets for the types of reactors

assessed under subsection (a)(2)(A)."

MANUFACTURING INFRASTRUCTURE FOR REFABRICATION AND CERTIFICATION OF

NUCLEAR WEAPONS STOCKPILE

Pub. L. 104-106, div. C, title XXXI, Sec. 3137, Feb. 10, 1996,

110 Stat. 620, as amended by Pub. L. 104-201, div. C, title XXXI,

Sec. 3132(a), (b), Sept. 23, 1996, 110 Stat. 2829, provided that:

"(a) Manufacturing Program. - (1) The Secretary of Energy shall

carry out a program for purposes of establishing within the

Government a manufacturing infrastructure that has the capabilities

of meeting the following objectives as specified in the Nuclear

Posture Review:

"(A) To provide a stockpile surveillance engineering base.

"(B) To refabricate and certify weapon components and types in

the enduring nuclear weapons stockpile, as necessary.

"(C) To fabricate and certify new nuclear warheads, as

necessary.

"(D) To support nuclear weapons.

"(E) To supply sufficient tritium in support of nuclear weapons

to ensure an upload hedge in the event circumstances require.

"(2) The purpose of the program carried out under paragraph (1)

shall also be to develop manufacturing capabilities and capacities

necessary to meet the requirements specified in the annual Nuclear

Weapons Stockpile Review.

"(b) Required Capabilities. - The manufacturing infrastructure

established under the program under subsection (a) shall include

the following capabilities (modernized to attain the objectives

referred to in that subsection):

"(1) The weapons assembly capabilities of the Pantex Plant.

"(2) The weapon secondary fabrication capabilities of the Y-12

Plant, Oak Ridge, Tennessee.

"(3) The capabilities of the Savannah River Site relating to

tritium recycling and fissile materials components processing and

fabrication.

"(4) The non-nuclear component capabilities of the Kansas City

Plant.

"(c) Nuclear Posture Review. - For purposes of subsection (a),

the term 'Nuclear Posture Review' means the Department of Defense

Nuclear Posture Review as contained in the Report of the Secretary

of Defense to the President and the Congress dated February 19,

1995, or subsequent such reports.

"(d) Funding. - Of the funds authorized to be appropriated under

section 3101(b) [110 Stat. 609], $143,000,000 shall be available

for carrying out the program required under this section, of which

-

"(1) $35,000,000 shall be available for activities at the

Pantex Plant;

"(2) $30,000,000 shall be available for activities at the Y-12

Plant, Oak Ridge, Tennessee;

"(3) $35,000,000 shall be available for activities at the

Savannah River Site; and

"(4) $43,000,000 shall be available for activities at the

Kansas City Plant.

"(e) Plan and Report. - The Secretary shall develop a plan for

the implementation of this section. Not later than March 1, 1996,

the Secretary shall submit to Congress a report on the obligations

the Secretary has incurred, and plans to incur, during fiscal year

1996 for the program referred to in subsection (a)."

FELLOWSHIP PROGRAM FOR DEVELOPMENT OF SKILLS CRITICAL TO DEPARTMENT

OF ENERGY NUCLEAR WEAPONS COMPLEX

Pub. L. 104-106, div. C, title XXXI, Sec. 3140, Feb. 10, 1996,

110 Stat. 621, as amended by Pub. L. 106-65, div. C, title XXXI,

Sec. 3162(a)-(d), Oct. 5, 1999, 113 Stat. 943, provided that:

"(a) In General. - The Secretary of Energy shall conduct a

fellowship program for the development of skills critical to the

ongoing mission of the Department of Energy nuclear weapons

complex. Under the fellowship program, the Secretary shall provide

educational assistance and research assistance to eligible

individuals to facilitate the development by such individuals of

skills critical to maintaining the ongoing mission of the

Department of Energy nuclear weapons complex.

"(b) Eligible Individuals. - Individuals eligible for

participation in the fellowship program are United States citizens

who are the following:

"(1) Students pursuing graduate degrees in fields of science or

engineering that are related to nuclear weapons engineering or to

the science and technology base of the Department of Energy.

"(2) Individuals engaged in postdoctoral studies in such

fields.

"(c) Covered Facilities. - The Secretary shall carry out the

fellowship program at or in connection with the following

facilities:

"(1) The Kansas City Plant, Kansas City, Missouri.

"(2) The Pantex Plant, Amarillo, Texas.

"(3) The Y-12 Plant, Oak Ridge, Tennessee.

"(4) The Savannah River Site, Aiken, South Carolina.

"(5) The Lawrence Livermore National Laboratory, Livermore,

California.

"(6) The Los Alamos National Laboratory, Los Alamos, New

Mexico.

"(7) The Sandia National Laboratories, Albuquerque, New Mexico,

and Livermore, California.

"(d) Administration. - The Secretary shall carry out the

fellowship program at a facility referred to in subsection (c)

through the stockpile manager of the facility.

"(e) Allocation of Funds. - The Secretary shall, in consultation

with the Assistant Secretary of Energy for Defense Programs,

allocate funds available for the fellowship program under

subsection (f) among the facilities referred to in subsection (c).

The Secretary shall make the allocation after evaluating an

assessment by the weapons program director of each such facility of

the personnel and critical skills necessary at the facility for

carrying out the ongoing mission of the facility.

"(f) Agreement. - (1) The Secretary may allow an individual to

participate in the program only if the individual signs an

agreement described in paragraph (2).

"(2) An agreement referred to in paragraph (1) shall be in

writing, shall be signed by the participant, and shall include the

participant's agreement to serve, after completion of the course of

study for which the assistance was provided, as a full-time

employee in a position in the Department of Energy for a period of

time to be established by the Secretary of Energy of not less than

one year, if such a position is offered to the participant."

STUDY ON NUCLEAR TEST READINESS POSTURES

Pub. L. 104-106, div. C, title XXXI, Sec. 3152, Feb. 10, 1996,

110 Stat. 623, as amended by Pub. L. 106-398, Sec. 1 [div. C, title

XXXI, Sec. 3192], Oct. 30, 2000, 114 Stat. 1654, 1654A-480,

provided that:

"(a) Report. - Not later than February 15, 1996, the Secretary of

Energy shall submit to Congress a report on the costs, programmatic

issues, and other issues associated with sustaining the capability

of the Department of Energy -

"(1) to conduct an underground nuclear test 6 months after the

date on which the President determines that such a test is

necessary to ensure the national security of the United States;

"(2) to conduct such a test 18 months after such date; and

"(3) to conduct such a test 36 months after such date.

"(b) Biennial Update Report. - (1) Not later than February 15 of

each odd-numbered year, the Secretary shall submit to the

congressional defense committees [Committees on Armed Services and

Appropriations of the Senate and the House of Representatives] a

report containing an update of the report required under subsection

(a), as updated by any report previously submitted under this

paragraph.

"(2) Each report under paragraph (1) shall include, as of the

date of such report, the following:

"(A) A list and description of the workforce skills and

capabilities that are essential to carry out underground nuclear

tests at the Nevada Test Site.

"(B) A list and description of the infrastructure and physical

plant that are essential to carry out underground nuclear tests

at the Nevada Test Site.

"(C) A description of the readiness status of the skills and

capabilities described in subparagraph (A) and of the

infrastructure and physical plant described in subparagraph (B).

"(3) Each report under paragraph (1) shall be submitted in

unclassified form, but may include a classified annex."

PLAN FOR STEWARDSHIP, MANAGEMENT, AND CERTIFICATION OF WARHEADS IN

THE NUCLEAR WEAPONS STOCKPILE

Pub. L. 105-85, div. C, title XXXI, Sec. 3151, Nov. 18, 1997, 111

Stat. 2041, provided that:

"(a) Plan Requirement. - The Secretary of Energy shall develop

and annually update a plan for maintaining the nuclear weapons

stockpile. The plan shall cover, at a minimum, stockpile

stewardship, stockpile management, and program direction and shall

be consistent with the programmatic and technical requirements of

the most recent annual Nuclear Weapons Stockpile Memorandum.

"(b) Plan Elements. - The plan and each update of the plan shall

set forth the following:

"(1) The number of warheads (including active and inactive

warheads) for each warhead type in the nuclear weapons stockpile.

"(2) The current age of each warhead type, and any plans for

stockpile lifetime extensions and modifications or replacement of

each warhead type.

"(3) The process by which the Secretary of Energy is assessing

the lifetime, and requirements for lifetime extension or

replacement, of the nuclear and nonnuclear components of the

warheads (including active and inactive warheads) in the nuclear

weapons stockpile.

"(4) The process used in recertifying the safety, security, and

reliability of each warhead type in the nuclear weapons

stockpile.

"(5) Any concerns which would affect the ability of the

Secretary of Energy to recertify the safety, security, or

reliability of warheads in the nuclear weapons stockpile

(including active and inactive warheads).

"(c) Annual Submission of Plan to Congress. - The Secretary of

Energy shall submit to Congress the plan developed under subsection

(a) not later than March 15, 1998, and shall submit an updated

version of the plan not later than March 15 of each year

thereafter. The plan shall be submitted in both classified and

unclassified form."

Similar provisions were contained in the following prior

authorization act:

Pub. L. 104-106, div. C, title XXXI, Sec. 3153, Feb. 10, 1996,

110 Stat. 624; repealed Pub. L. 105-85, div. C, title XXXI, Sec.

3152(c), Nov. 18, 1997, 111 Stat. 2042.

REPORT ON WASTE STREAMS GENERATED BY NUCLEAR WEAPONS PRODUCTION

CYCLE

Pub. L. 103-337, div. C, title XXXI, Sec. 3154, Oct. 5, 1994, 108

Stat. 3091, directed Secretary of Energy, not later than Mar. 31,

1996, to submit to Congress report containing description of all

waste streams generated before 1992 during each step of complete

cycle of production and disposition of nuclear weapon components by

Department of Energy, with description for each such step to be

based on unit of analysis appropriate for that step, and to include

estimate of volume of waste generated per unit of analysis and

analysis of characteristics of each waste stream.

PROHIBITION ON RESEARCH AND DEVELOPMENT OF LOW-YIELD NUCLEAR

WEAPONS

Pub. L. 103-160, div. C, title XXXI, Sec. 3136, Nov. 30, 1993,

107 Stat. 1946, provided that:

"(a) United States Policy. - It shall be the policy of the United

States not to conduct research and development which could lead to

the production by the United States of a new low-yield nuclear

weapon, including a precision low-yield warhead.

"(b) Limitation. - The Secretary of Energy may not conduct, or

provide for the conduct of, research and development which could

lead to the production by the United States of a low-yield nuclear

weapon which, as of the date of the enactment of this Act [Nov. 30,

1993], has not entered production.

"(c) Effect on Other Research and Development. - Nothing in this

section shall prohibit the Secretary of Energy from conducting, or

providing for the conduct of, research and development necessary -

"(1) to design a testing device that has a yield of less than

five kilotons;

"(2) to modify an existing weapon for the purpose of addressing

safety and reliability concerns; or

"(3) to address proliferation concerns.

"(d) Definition. - In this section, the term 'low-yield nuclear

weapon' means a nuclear weapon that has a yield of less than five

kilotons."

STOCKPILE STEWARDSHIP PROGRAM

Pub. L. 105-85, div. C, title XXXI, Sec. 3156, Nov. 18, 1997, 111

Stat. 2045, expressed findings of Congress and policy of United

States about the direction and conduct of the stockpile stewardship

program, prior to repeal by Pub. L. 105-261, div. C, title XXXI,

Sec. 3157, Oct. 17, 1998, 112 Stat. 2257.

Pub. L. 103-160, div. C, title XXXI, Sec. 3138, Nov. 30, 1993,

107 Stat. 1946, as amended by Pub. L. 105-85, div. C, title XXXI,

Sec. 3152(e), Nov. 18, 1997, 111 Stat. 2042, provided that:

"(a) Establishment. - The Secretary of Energy shall establish a

stewardship program to ensure the preservation of the core

intellectual and technical competencies of the United States in

nuclear weapons, including weapons design, system integration,

manufacturing, security, use control, reliability assessment, and

certification.

"(b) Program Elements. - The program shall include the following:

"(1) An increased level of effort for advanced computational

capabilities to enhance the simulation and modeling capabilities

of the United States with respect to the detonation of nuclear

weapons.

"(2) An increased level of effort for above-ground experimental

programs, such as hydrotesting, high-energy lasers, inertial

confinement fusion, plasma physics, and materials research.

"(3) Support for new facilities construction projects that

contribute to the experimental capabilities of the United States,

such as an advanced hydrodynamics facility, the National Ignition

Facility, and other facilities for above-ground experiments to

assess nuclear weapons effects.

"(c) Authorization of Appropriations. - Of funds authorized to be

appropriated to the Secretary of Energy for fiscal year 1994 for

weapons activities, $157,400,000 shall be available for the

stewardship program established under subsection (a).

"[(d) Repealed. Pub. L. 105-85, div. C, title XXXI, Sec. 3152(e),

Nov. 18, 1997, 111 Stat. 2042.]"

[Section 3152(e) of Pub. L. 105-85, which directed amendment of

section 3138 of Pub. L. 103-160, set out above, by striking out

subsecs. (d) and (e), redesignating subsecs. (f) to (h) as (d) to

(f), respectively, and striking out "and the 60-day period referred

to in subsection (e)(2)(A)(ii)" in subsec. (e), as so redesignated,

was executed by striking out subsec. (d) because section 3138 of

Pub. L. 103-160 did not contain subsecs. (e) to (g).]

LIMITATIONS ON UNITED STATES NUCLEAR WEAPONS TESTING

Pub. L. 103-160, div. A, title II, Sec. 261, Nov. 30, 1993, 107

Stat. 1608, provided that:

"(a) Limitation on Obligation of Funds. - The Secretary of

Defense may not obligate funds in preparation for any activity of

the Department of Defense, including the so-called 'Mighty Uncle'

test, to study the effects of a nuclear weapon explosion through

underground nuclear weapons testing unless that test is permitted

in accordance with the provisions of section 507 of Public Law

102-377 [set out below] (106 Stat. 1343).

"(b) Certain Actions Not Prohibited. - Subsection (a) does not

preclude the Secretary of Defense, acting through the Director of

the Defense Nuclear Agency, from -

"(1) proceeding with underground nuclear test tunnel

deactivation and environmental cleanup; or

"(2) expending funds for infrastructure activities not covered

by the limitation in subsection (a).

"(c) Funding. - Of the funds authorized to be appropriated

pursuant to section 201 [107 Stat. 1583] for Defense-wide

activities, not more than $38,000,000 may be used for activities

described in subsection (b)."

Pub. L. 103-160, div. C, title XXXI, Sec. 3137, Nov. 30, 1993,

107 Stat. 1946, provided that:

"(a) In General. - Of the funds authorized to be appropriated

under section 3101(a)(2) [107 Stat. 1936] for the Department of

Energy for fiscal year 1994 for weapons testing, $211,326,000 shall

be available for infrastructure maintenance at the Nevada Test

Site, and for maintaining the technical capability to resume

underground nuclear testing at the Nevada Test Site.

"(b) Atmospheric Testing of Nuclear Weapons. - None of the funds

appropriated pursuant to this Act or any other Act for any fiscal

year may be available to maintain the capability of the United

States to conduct atmospheric testing of a nuclear weapon."

Pub. L. 102-377, title V, Sec. 507, Oct. 2, 1992, 106 Stat. 1343,

provided that:

"(a) Hereafter, funds made available by this Act or any other Act

for fiscal year 1993 or for any other fiscal year may be available

for conducting a test of a nuclear explosive device only if the

conduct of that test is permitted in accordance with the provisions

of this section.

"(b) No underground test of a nuclear weapon may be conducted by

the United States after September 30, 1992, and before July 1,

1993.

"(c) On and after July 1, 1993, and before January 1, 1997, an

underground test of a nuclear weapon may be conducted by the United

States -

"(1) only if -

"(A) the President has submitted the annual report required

under subsection (d);

"(B) 90 days have elapsed after the submittal of that report

in accordance with that subsection; and

"(C) Congress has not agreed to a joint resolution described

in subsection (d)(3) within that 90-day period; and

"(2) only if the test is conducted during the period covered by

the report.

"(d)(1) Not later than March 1, of each year beginning after

1992, the President shall submit to the Committees on Armed

Services and Appropriations of the Senate and the House of

Representatives, in classified and unclassified forms, a report

containing the following matters:

"(A) A schedule for resumption of the Nuclear Testing Talks

with Russia.

"(B) A plan for achieving a multilateral comprehensive ban on

the testing of nuclear weapons on or before September 30, 1996.

"(C) An assessment of the number and type of nuclear warheads

that will remain in the United States stockpile of active nuclear

weapons on September 30, 1996.

"(D) For each fiscal year after fiscal year 1992, an assessment

of the number and type of nuclear warheads that will remain in

the United States stockpile of nuclear weapons and that -

"(i) will not be in the United States stockpile of active

nuclear weapons;

"(ii) will remain under the control of the Department of

Defense; and

"(iii) will not be transferred to the Department of Energy

for dismantlement.

"(E) A description of the safety features of each warhead that

is covered by an assessment referred to in subparagraph (C) or

(D).

"(F) A plan for installing one or more modern safety features

in each warhead identified in the assessment referred to in

subparagraph (C), as determined after an analysis of the costs

and benefits of installing such feature or features in the

warhead, should have one or more of such features.

"(G) An assessment of the number and type of nuclear weapons

tests, not to exceed 5 tests in any period covered by an annual

report under this paragraph and a total of 15 tests in the

4-fiscal year period beginning with fiscal year 1993, that are

necessary in order to ensure the safety of each nuclear warhead

in which one or more modern safety features are installed

pursuant to the plan referred to in subparagraph (F).

"(H) A schedule, in accordance with subparagraph (G), for

conducting at the Nevada test site, each of the tests enumerated

in the assessment pursuant to subparagraph (G).

"(2) The first annual report shall cover the period beginning on

the date on which a resumption of testing of nuclear weapons is

permitted under subsection (c) and ending on September 30, 1994.

Each annual report thereafter shall cover the fiscal year following

the fiscal year in which the report is submitted.

"(3) For the purposes of paragraph (1), 'joint resolution' means

only a joint resolution introduced after the date on which the

Committees referred to in that paragraph receive the report

required by that paragraph the matter after the resolving clause of

which is as follows: 'The Congress disapproves the report of the

President on nuclear weapons testing, dated .' (the blank

space being appropriately filled in).

"(4) No report is required under this subsection after 1996.

"(e)(1) Except as provided in paragraphs (2) and (3), during a

period covered by an annual report submitted pursuant to subsection

(d), nuclear weapons may be tested only as follows:

"(A) Only those nuclear explosive devices in which modern

safety features have been installed pursuant to the plan referred

to in subsection (d)(1)(F) may be tested.

"(B) Only the number and types of tests specified in the report

pursuant to subsection (d)(1)(G) may be conducted.

"(2)(A) One test of the reliability of a nuclear weapon other

than one referred to in paragraph (1)(A) may be conducted during

any period covered by an annual report, but only if -

"(i) within the first 60 days after the beginning of that

period, the President certifies to Congress that it is vital to

the national security interests of the United States to test the

reliability of such a nuclear weapon; and

"(ii) within the 60-day period beginning on the date that

Congress receives the certification, Congress does not agree to a

joint resolution described in subparagraph (B).

"(B) For the purposes of subparagraph (A), 'joint resolution'

means only a joint resolution introduced after the date on which

the Congress receives the certification referred to in that

subparagraph the matter after the resolving clause of which is as

follows: 'The Congress disapproves the testing of a nuclear weapon

covered by the certification of the President dated .'

(the blank space being appropriately filled in).

"(3) The President may authorize the United Kingdom to conduct in

the United States, within a period covered by an annual report, one

test of a nuclear weapon if the President determines that it is in

the national interests of the United States to do so. Such a test

shall be considered as one of the tests within the maximum number

of tests that the United States is permitted to conduct during that

period under paragraph (1)(B).

"(f) No underground test of nuclear weapons may be conducted by

the United States after September 30, 1996, unless a foreign state

conducts a nuclear test after this date, at which time the

prohibition on United States nuclear testing is lifted.

"(g) In the computation of the 90-day period referred to in

subsection (c)(1) and the 60-day period referred to in subsection

(e)(2)(A)(ii), the days on which either House is not in session

because of an adjournment of more than 3 days to a day certain

shall be excluded.

"(h) In this section, the term 'modern safety feature' means any

of the following features:

"(1) An insensitive high explosive (IHE).

"(2) Fire resistant pits (FRP).

"(3) An enhanced detonation safety (ENDS) system."

NUCLEAR TEST BAN READINESS PROGRAM

Pub. L. 100-456, div. A, title XIV, Sec. 1436, Sept. 29, 1988,

102 Stat. 2075, as amended by Pub. L. 105-85, div. C, title XXXI,

Sec. 3152(i), Nov. 18, 1997, 111 Stat. 2042, provided that:

"(a) Findings. - The Congress makes the following findings:

"(1) On September 17, 1987, the United States and the Soviet

Union announced that they would resume full-scale, stage-by-stage

negotiations on issues relating to nuclear testing, including

further intermediate limitations on nuclear testing leading to

the ultimate objective of a comprehensive nuclear test ban.

"(2) It was agreed that the first step in these negotiations

would be to reach agreement on verification measures that will

make possible the ratification of the Threshold Test Ban Treaty

of 1974 and the Peaceful Nuclear Explosions Treaty of 1976.

"(3) To achieve the agreement on verification measures, the

United States and the Soviet Union have agreed to design and

conduct a Joint Verification Experiment at the test sites of each

country during the summer of 1988.

"(4) At the Moscow summit in May 1988, President Reagan and

General Secretary Gorbachev reaffirmed their commitment to

negotiations on 'effective verification measures which will make

it possible to ratify the Threshold Test Ban Treaty of 1974 and

Peaceful Nuclear Explosions Treaty of 1976, and proceed to

negotiating further intermediate limitations on nuclear testing

leading to the ultimate objective of the complete cessation of

nuclear testing as part of an effective disarmament process'.

"(b) Establishment of Program. - The Secretary of Energy shall

establish and support a program to assure that the United States is

in a position to maintain the reliability, safety, and continued

deterrent effect of its stockpile of existing nuclear weapons

designs in the event that a low-threshold or comprehensive ban on

nuclear explosives testing is negotiated and ratified within the

framework agreed to by the United States and the Soviet Union.

"(c) Purposes of Program. - The purposes of the program under

subsection (b) shall be the following:

"(1) To assure that the United States maintains a vigorous

program of stockpile inspection and non-explosive testing so

that, if a low-threshold or comprehensive test ban is entered

into, the United States remains able to detect and identify

potential problems in stockpile reliability and safety in

existing designs of nuclear weapons.

"(2) To assure that the specific materials, components,

processes, and personnel needed for the remanufacture of existing

nuclear weapons or the substitution of alternative nuclear

warheads are available to support such remanufacture or

substitution if such action becomes necessary in order to satisfy

reliability and safety requirements under a low-threshold or

comprehensive test ban agreement.

"(3) To assure that a vigorous program of research in areas

related to nuclear weapons science and engineering is supported

so that, if a low-threshold or comprehensive test ban agreement

is entered into, the United States is able to maintain a base of

technical knowledge about nuclear weapons design and nuclear

weapons effects.

"(d) Conduct of Program. - The Secretary of Energy shall carry

out the program provided for in subsection (b). The program shall

be carried out with the participation of representatives of the

Department of Defense, the nuclear weapons production facilities,

and the national nuclear weapons laboratories."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2014, 2122, 2131, 2140,

2153, 2153a, 2153f, 2159, 2160, 2286d of this title.

-End-

-CITE-

42 USC Sec. 2122 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER VIII - MILITARY APPLICATION OF ATOMIC ENERGY

-HEAD-

Sec. 2122. Prohibitions governing atomic weapons

-STATUTE-

It shall be unlawful, except as provided in section 2121 of this

title, for any person to transfer or receive in interstate or

foreign commerce, manufacture, produce, transfer, acquire, possess,

import, or export any atomic weapon. Nothing in this section shall

be deemed to modify the provisions of section 2051(a) or 2131 of

this title.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 92, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 936; amended Pub. L. 85-479, Sec. 2,

July 2, 1958, 72 Stat. 277; renumbered title I, Pub. L. 102-486,

title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1806(b) of this title, prior to the general amendment and

renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

AMENDMENTS

1958 - Pub. L. 85-479 included transfers or receipts in foreign

commerce.

-TRANS-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2272 of this title; title

22 section 2778.

-End-

-CITE-

42 USC Sec. 2122a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER VIII - MILITARY APPLICATION OF ATOMIC ENERGY

-HEAD-

Sec. 2122a. Repealed. Pub. L. 106-65, div. C, title XXXII, Sec.

3294(e)(1)(A), Oct. 5, 1999, 113 Stat. 970

-MISC1-

Section, act Aug. 1, 1946, ch. 724, title I, Sec. 93, as added

Pub. L. 103-160, div. C, title XXXI, Sec. 3156(a), Nov. 30, 1993,

107 Stat. 1953, related to congressional oversight of special

access programs. See section 2426 of Title 50, War and National

Defense.

EFFECTIVE DATE OF REPEAL

Repeal effective Mar. 1, 2000, see section 3299 of Pub. L.

106-65, set out as an Effective Date note under section 2401 of

Title 50, War and National Defense.

-End-

-CITE-

42 USC Sec. 2123 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER VIII - MILITARY APPLICATION OF ATOMIC ENERGY

-HEAD-

Sec. 2123. Critical technology partnerships

-STATUTE-

(a) Partnerships

For the purpose of facilitating the transfer of technology, the

Secretary of Energy shall ensure, to the maximum extent

practicable, that atomic energy defense activities research on, and

development of, any dual-use critical technology is conducted

through cooperative research and development agreements, or other

arrangements, that involve laboratories of the Department of Energy

and other entities.

(b) Definitions

In this section:

(1) The term "dual-use critical technology" means a technology

-

(A) that is critical to atomic energy defense activities, as

determined by the Secretary of Energy;

(B) that has military applications and nonmilitary

applications; and

(C) that either -

(i)(I) appears on the list of national critical

technologies contained in a biennial report on national

critical technologies submitted to Congress by the President

pursuant to section 6683(d) (!1) of this title; and

(II) has not been expressly deleted from such list by such

a report subsequently submitted to Congress by the President;

or

(ii)(I) appears on the list of critical technologies

contained in an annual defense critical technologies plan

submitted to Congress by the Secretary of Defense pursuant to

section 2506 (!1) of title 10; and

(II) has not been expressly deleted from such list by such

a plan subsequently submitted to Congress by the Secretary.

(2) The term "cooperative research and development agreement"

has the meaning given that term by section 3710a(d) of title 15.

(3) The term "other entities" means -

(A) firms, or a consortium of firms, that are eligible to

participate in a partnership or other arrangement with a

laboratory of the Department of Energy, as determined in

accordance with applicable law and regulations; or

(B) firms, or a consortium of firms, described in

subparagraph (A) in combination with one or more of the

following:

(i) Institutions of higher education in the United States.

(ii) Departments and agencies of the Federal Government

other than the Department of Energy.

(iii) Agencies of State Governments.

(iv) Any other persons or entities that may be eligible and

appropriate, as determined in accordance with applicable laws

and regulations.

(4) The term "atomic energy defense activities" does not

include activities covered by Executive Order No. 12344, dated

February 1, 1982, pertaining to the Naval nuclear propulsion

program.

-SOURCE-

(Pub. L. 102-190, div. C, title XXXI, Sec. 3136, Dec. 5, 1991, 105

Stat. 1577; Pub. L. 103-35, title II, Sec. 203(b)(3), May 31, 1993,

107 Stat. 102.)

-REFTEXT-

REFERENCES IN TEXT

Section 6683 of this title, referred to in subsec.

(b)(1)(C)(i)(I), was omitted from the Code.

Section 2506 of title 10, referred to in subsec.

(b)(1)(C)(ii)(I), was amended generally by Pub. L. 104-201, div. A,

title VIII, Sec. 829(d), Sept. 23, 1996, 110 Stat. 2613, and, as so

amended, no longer relates to submission of a plan to Congress.

Executive Order No. 12344, dated February 1, 1982, referred to in

subsec. (b)(4), is set out as a note under section 7158 of this

title.

-COD-

CODIFICATION

Section was enacted as part of the National Defense Authorization

Act for Fiscal Years 1992 and 1993, and not as part of the Atomic

Energy Act of 1954 which comprises this chapter.

-MISC1-

AMENDMENTS

1993 - Subsec. (b)(1)(C)(ii)(I). Pub. L. 103-35 substituted

"section 2506 of title 10" for "section 2522 of title 10".

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC SUBCHAPTER IX - ATOMIC ENERGY LICENSES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER IX - ATOMIC ENERGY LICENSES

-HEAD-

SUBCHAPTER IX - ATOMIC ENERGY LICENSES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 2014, 5842 of this

title.

-End-

-CITE-

42 USC Sec. 2131 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER IX - ATOMIC ENERGY LICENSES

-HEAD-

Sec. 2131. License required

-STATUTE-

It shall be unlawful, except as provided in section 2121 of this

title, for any person within the United States to transfer or

receive in interstate commerce, manufacture, produce, transfer,

acquire, possess, use, import, or export any utilization or

production facility except under and in accordance with a license

issued by the Commission pursuant to section 2133 or 2134 of this

title.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 101, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 936; amended Aug. 6, 1956, ch. 1015,

Sec. 11, 70 Stat. 1071; renumbered title I, Pub. L. 102-486, title

IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1807(a) of this title, prior to the general amendment and

renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

AMENDMENTS

1956 - Act Aug. 6, 1956, inserted "use," after "possess,".

-TRANS-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2122, 2139, 2272, 2282 of

this title; title 22 section 2778.

-End-

-CITE-

42 USC Sec. 2132 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER IX - ATOMIC ENERGY LICENSES

-HEAD-

Sec. 2132. Utilization and production facilities for industrial or

commercial purposes

-STATUTE-

(a) Issuance of licenses

Except as provided in subsections (b) and (c) of this section, or

otherwise specifically authorized by law, any license hereafter

issued for a utilization or production facility for industrial or

commercial purposes shall be issued pursuant to section 2133 of

this title.

(b) Facilities constructed or operated under section 2134(b)

Any license hereafter issued for a utilization or production

facility for industrial or commercial purposes, the construction or

operation of which was licensed pursuant to section 2134(b) of this

title prior to enactment into law of this subsection, shall be

issued under section 2134(b) of this title.

(c) Cooperative Power Reactor Demonstration facilities

Any license for a utilization or production facility for

industrial or commercial purposes constructed or operated under an

arrangement with the Commission entered into under the Cooperative

Power Reactor Demonstration Program shall, except as otherwise

specifically required by applicable law, be issued under section

2134(b) of this title.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 102, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 936; amended Pub. L. 91-560, Sec. 3,

Dec. 19, 1970, 84 Stat. 1472; renumbered title I, Pub. L. 102-486,

title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-

AMENDMENTS

1970 - Pub. L. 91-560 substituted provisions authorizing

Commission to issue licenses for a utilization or production

facility for industrial or commercial purposes under section 2133,

except that license may be issued under section 2134(b), for such

utilization or production facility, construction or operation of

which was licensed under section 2134(b) before December 19, 1970

or constructed or operated under an arrangement with Commission

entered into under Cooperative Power Reactor Demonstration Program,

for provisions authorizing Commission to issue licenses pursuant to

section 2133 of this title on a determination that such utilization

or production facility has been sufficiently developed to be of

practical value for industrial or commercial purposes.

-TRANS-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2134 of this title.

-End-

-CITE-

42 USC Sec. 2133 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER IX - ATOMIC ENERGY LICENSES

-HEAD-

Sec. 2133. Commercial licenses

-STATUTE-

(a) Conditions

The Commission is authorized to issue licenses to persons

applying therefor to transfer or receive in interstate commerce,

manufacture, produce, transfer, acquire, possess, use, import, or

export under the terms of an agreement for cooperation arranged

pursuant to section 2153 of this title, utilization or production

facilities for industrial or commercial purposes. Such licenses

shall be issued in accordance with the provisions of subchapter XV

of this division and subject to such conditions as the Commission

may by rule or regulation establish to effectuate the purposes and

provisions of this chapter.

(b) Nonexclusive basis

The Commission shall issue such licenses on a nonexclusive basis

to persons applying therefor (1) whose proposed activities will

serve a useful purpose proportionate to the quantities of special

nuclear material or source material to be utilized; (2) who are

equipped to observe and who agree to observe such safety standards

to protect health and to minimize danger to life or property as the

Commission may by rule establish; and (3) who agree to make

available to the Commission such technical information and data

concerning activities under such licenses as the Commission may

determine necessary to promote the common defense and security and

to protect the health and safety of the public. All such

information may be used by the Commission only for the purposes of

the common defense and security and to protect the health and

safety of the public.

(c) License period

Each such license shall be issued for a specified period, as

determined by the Commission, depending on the type of activity to

be licensed, but not exceeding forty years, and may be renewed upon

the expiration of such period.

(d) Limitations

No license under this section may be given to any person for

activities which are not under or within the jurisdiction of the

United States, except for the export of production or utilization

facilities under terms of an agreement for cooperation arranged

pursuant to section 2153 of this title, or except under the

provisions of section 2139 of this title. No license may be issued

to an alien or any any (!1) corporation or other entity if the

Commission knows or has reason to believe it is owned, controlled,

or dominated by an alien, a foreign corporation, or a foreign

government. In any event, no license may be issued to any person

within the United States if, in the opinion of the Commission, the

issuance of a license to such person would be inimical to the

common defense and security or to the health and safety of the

public.

(f) (!2) Accident notification condition; license revocation;

license amendment to include condition

Each license issued for a utilization facility under this section

or section 2134(b) of this title shall require as a condition

thereof that in case of any accident which could result in an

unplanned release of quantities of fission products in excess of

allowable limits for normal operation established by the

Commission, the licensee shall immediately so notify the

Commission. Violation of the condition prescribed by this

subsection may, in the Commission's discretion, constitute grounds

for license revocation. In accordance with section 2237 of this

title, the Commission shall promptly amend each license for a

utilization facility issued under this section or section 2134(b)

of this title which is in effect on June 30, 1980, to include the

provisions required under this subsection.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 103, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 936; amended Aug. 6, 1956, ch. 1015,

Secs. 12, 13, 70 Stat. 1071; Pub. L. 91-560, Sec. 4, Dec. 19, 1970,

84 Stat. 1472; Pub. L. 96-295, title II, Sec. 201, June 30, 1980,

94 Stat. 786; renumbered title I, Pub. L. 102-486, title IX, Sec.

902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-

AMENDMENTS

1980 - Subsec. (f). Pub. L. 96-295 added subsec. (f).

1970 - Subsec. (a). Pub. L. 91-560 struck out requirement of a

finding of practical value under section 2132 and substituted

"utilization and production facilities for industrial or commercial

purposes" for "such type of utilization or production facility".

1956 - Subsec. (a). Act Aug. 6, 1956, Sec. 12, inserted "use,"

after "possess,".

Subsec. (d). Act Aug. 6, 1956, Sec. 13, inserted "an alien or

any" after "issued to".

-TRANS-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2014, 2019, 2020, 2073,

2076, 2077, 2093, 2021b, 2131, 2132, 2135, 2136, 2138, 2153, 2154,

2165, 2169, 2183, 2201, 2209, 2210, 2232, 2239, 2242, 2273, 2282,

2283, 10101, 10222 of this title.

-FOOTNOTE-

(!1) So in original.

(!2) So in original. Probably should be "(e)".

-End-

-CITE-

42 USC Sec. 2134 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER IX - ATOMIC ENERGY LICENSES

-HEAD-

Sec. 2134. Medical, industrial, and commercial licenses

-STATUTE-

(a) Medical therapy

The Commission is authorized to issue licenses to persons

applying therefor for utilization facilities for use in medical

therapy. In issuing such licenses the Commission is directed to

permit the widest amount of effective medical therapy possible with

the amount of special nuclear material available for such purposes

and to impose the minimum amount of regulation consistent with its

obligations under this chapter to promote the common defense and

security and to protect the health and safety of the public.

(b) Industrial and commercial purposes

As provided for in subsection (b) or (c) of section 2132 of this

title, or where specifically authorized by law, the Commission is

authorized to issue licenses under this subsection to persons

applying therefor for utilization and production facilities for

industrial and commercial purposes. In issuing licenses under this

subsection, the Commission shall impose the minimum amount of such

regulations and terms of license as will permit the Commission to

fulfill its obligations under this chapter.

(c) Research and development activities

The Commission is authorized to issue licenses to persons

applying therefor for utilization and production facilities useful

in the conduct of research and development activities of the types

specified in section 2051 of this title and which are not

facilities of the type specified in subsection (b) of this section.

The Commission is directed to impose only such minimum amount of

regulation of the licensee as the Commission finds will permit the

Commission to fulfill its obligations under this chapter to promote

the common defense and security and to protect the health and

safety of the public and will permit the conduct of widespread and

diverse research and development.

(d) Limitations

No license under this section may be given to any person for

activities which are not under or within the jurisdiction of the

United States, except for the export of production or utilization

facilities under terms of an agreement for cooperation arranged

pursuant to section 2153 of this title or except under the

provisions of section 2139 of this title. No license may be issued

to any corporation or other entity if the Commission knows or has

reason to believe it is owned, controlled, or dominated by an

alien, a foreign corporation, or a foreign government. In any

event, no license may be issued to any person within the United

States if, in the opinion of the Commission, the issuance of a

license to such person would be inimical to the common defense and

security or to the health and safety of the public.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 104, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 937; amended Pub. L. 91-560, Sec. 5,

Dec. 19, 1970, 84 Stat. 1472; renumbered title I, Pub. L. 102-486,

title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-

AMENDMENTS

1970 - Subsec. (b). Pub. L. 91-560 substituted provisions

authorizing the issue of licenses for utilization or production

facilities for industrial or commercial purposes (i) where

specifically authorized by law or (ii) where the facility was

constructed or operated under an arrangement with the Commission

entered into under the cooperative power reactor demonstration

program, and the applicable statutory authorization does not

require licensing under section 2133, or (iii) where the facility

was theretofore licensed under section 2134(b), for provisions

authorizing the issue of licenses for utilization and production

facilities involved in the conduct of research and development

activities leading to the demonstration of the practical value of

such facilities for industrial and commercial purposes.

-TRANS-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2014, 2073, 2074, 2076,

2077, 2093, 2021b, 2131, 2132, 2133, 2136, 2138, 2153, 2154, 2165,

2169, 2183, 2201, 2209, 2210, 2214, 2232, 2239, 2242, 2273, 2282,

2283, 10101, 10222 of this title; title 22 section 2778.

-End-

-CITE-

42 USC Sec. 2135 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER IX - ATOMIC ENERGY LICENSES

-HEAD-

Sec. 2135. Antitrust provisions governing licenses

-STATUTE-

(a) Violations of antitrust laws

Nothing contained in this chapter shall relieve any person from

the operation of the following Acts, as amended, "An Act to protect

trade and commerce against unlawful restraints and monopolies"

approved July second, eighteen hundred and ninety; sections

seventy-three to seventy-six, inclusive, of an Act entitled "An Act

to reduce taxation, to provide revenue for the Government, and for

other purposes" approved August twenty-seven, eighteen hundred and

ninety-four; "An Act to supplement existing laws against unlawful

restraints and monopolies, and for other purposes" approved October

fifteen, nineteen hundred and fourteen; and "An Act to create a

Federal Trade Commission, to defined its powers and duties, and for

other purposes" approved September twenty-six, nineteen hundred and

fourteen. In the event a licensee is found by a court of competent

jurisdiction, either in an original action in that court or in a

proceeding to enforce or review the findings or orders of any

Government agency having jurisdiction under the laws cited above,

to have violated any of the provisions of such laws in the conduct

of the licensed activity, the Commission may suspend, revoke, or

take such other action as it may deem necessary with respect to any

license issued by the Commission under the provisions of this

chapter.

(b) Reports to Attorney General

The Commission shall report promptly to the Attorney General any

information it may have with respect to any utilization of special

nuclear material or atomic energy which appears to violate or to

tend toward the violation of any of the foregoing Acts, or to

restrict free competition in private enterprise.

(c) Transmissions to Attorney General of copies of license

applications; publication of advice; factors considered;

exceptions

(1) The Commission shall promptly transmit to the Attorney

General a copy of any license application provided for in paragraph

(2) of this subsection, and a copy of any written request provided

for in paragraph (3) of this subsection; and the Attorney General

shall, within a reasonable time, but in no event to exceed 180 days

after receiving a copy of such application or written request,

render such advice to the Commission as he determines to be

appropriate in regard to the finding to be made by the Commission

pursuant to paragraph (5) of this subsection. Such advice shall

include an explanatory statement as to the reasons or basis

therefor.

(2) Paragraph (1) of this subsection shall apply to an

application for a license to construct or operate a utilization or

production facility under section 2133 of this title: Provided,

however, That paragraph (1) shall not apply to an application for a

license to operate a utilization or production facility for which a

construction permit was issued under section 2133 of this title

unless the Commission determines such review is advisable on the

ground that significant changes in the licensee's activities or

proposed activities have occurred subsequent to the previous review

by the Attorney General and the Commission under this subsection in

connection with the construction permit for the facility.

(3) With respect to any Commission permit for the construction of

a utilization or production facility issued pursuant to subsection

(b) of section 2134 of this title prior to December 19, 1970, any

person who intervened or who sought by timely written notice to the

Commission to intervene in the construction permit proceeding for

the facility to obtain a determination of antitrust considerations

or to advance a jurisdictional basis for such determination shall

have the right, upon a written request to the Commission, to obtain

an antitrust review under this section of the application for an

operating license. Such written request shall be made within 25

days after the date of initial Commission publication in the

Federal Register of notice of the filing of an application for an

operating license for the facility or December 19, 1970, whichever

is later.

(4) Upon the request of the Attorney General, the Commission

shall furnish or cause to be furnished such information as the

Attorney General determines to be appropriate for the advice called

for in paragraph (1) of this subsection.

(5) Promptly upon receipt of the Attorney General's advice, the

Commission shall publish the advice in the Federal Register. Where

the Attorney General advises that there may be adverse antitrust

aspects and recommends that there be a hearing, the Attorney

General or his designee may participate as a party in the

proceedings thereafter held by the Commission on such licensing

matter in connection with the subject matter of his advice. The

Commission shall give due consideration to the advice received from

the Attorney General and to such evidence as may be provided during

the proceedings in connection with such subject matter, and shall

make a finding as to whether the activities under the license would

create or maintain a situation inconsistent with the antitrust laws

as specified in subsection (a) of this section.

(6) In the event the Commission's finding under paragraph (5) is

in the affirmative, the Commission shall also consider, in

determining whether the license should be issued or continued, such

other factors, including the need for power in the affected area,

as the Commission in its judgment deems necessary to protect the

public interest. On the basis of its findings, the Commission shall

have the authority to issue or continue a license as applied for,

to refuse to issue a license, to rescind a license or amend it, and

to issue a license with such conditions as it deems appropriate.

(7) The Commission, with the approval of the Attorney General,

may except from any of the requirements of this subsection such

classes or types of licenses as the Commission may determine would

not significantly affect the applicant's activities under the

antitrust laws as specified in subsection (a) of this section.

(8) With respect to any application for a construction permit on

file at the time of enactment into law of this subsection, which

permit would be for issuance under section 2133 of this title, and

with respect to any application for an operating license in

connection with which a written request for an antitrust review is

made as provided for in paragraph (3), the Commission, after

consultation with the Attorney General, may, upon determination

that such action is necessary in the public interest to avoid

unnecessary delay, establish by rule or order periods for

Commission notification and receipt of advice differing from those

set forth above and may issue a construction permit or operating

license in advance of consideration of and findings with respect to

the matters covered in this subsection: Provided, That any

construction permit or operating license so issued shall contain

such conditions as the Commission deems appropriate to assure that

any subsequent findings and orders of the Commission with respect

to such matters will be given full force and effect.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 105, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 938; amended Pub. L. 88-489, Sec. 14,

Aug. 26, 1964, 78 Stat. 606; Pub. L. 91-560, Sec. 6, Dec. 19, 1970,

84 Stat. 1473; renumbered title I, Pub. L. 102-486, title IX, Sec.

902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 107-273, div. C,

title IV, Sec. 14102(c)(2)(D), Nov. 2, 2002, 116 Stat. 1921.)

-REFTEXT-

REFERENCES IN TEXT

The act to protect trade and commerce against unlawful restraints

and monopolies, referred to in subsec. (a), is act July 2, 1890,

ch. 647, 26 Stat. 209, as amended, known as the Sherman Act, which

is classified to sections 1 to 7 of Title 15, Commerce and Trade.

For complete classification of this Act to the Code, see Short

Title note set out under section 1 of Title 15 and Tables.

Sections seventy-three to seventy-six, inclusive, of an act

entitled "An Act to reduce taxation, to provide revenue for the

Government, and for other purposes", referred to in subsec. (a),

are sections 73 to 76 of act Aug. 27, 1894, ch. 349, 28 Stat. 570,

as amended, known as the Wilson Tariff Act, which are classified to

sections 8 to 11, respectively, of Title 15. For complete

classification of this Act to the Code, see Short Title note set

out under section 8 of Title 15 and Tables.

"An Act to supplement existing laws against unlawful restraints

and monopolies, and for other purposes" approved October fifteen,

nineteen hundred and fourteen, referred to in subsec. (a), is act

Oct. 15, 1914, ch. 323, 38 Stat. 730, as amended, known as the

Clayton Act, which is classified generally to sections 12, 13, 14

to 19, 20, 21, and 22 to 27 of Title 15, and sections 52 and 53 of

Title 29, Labor. For further details and complete classification of

this Act to the Code, see References in Text note set out under

section 12 of Title 15 and Tables.

The act to create a Federal Trade Commission, to define its

powers and duties, and for other purposes, referred to in subsec.

(a), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended,

known as the Federal Trade Commission Act, which is classified

generally to subchapter I (Sec. 41 et seq.) of chapter 2 of Title

15. For complete classification of this Act to the Code, see

section 58 of Title 15 and Tables.

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1807(c) of this title, prior to the general amendment and

renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-273 substituted "seventy-six" for

"seventy-seven".

1970 - Subsec. (c). Pub. L. 91-560 designated existing provisions

as pars. (1), (2), (4), and (5) and amended such provisions by

extending the time for the Attorney General to give advice from 90

to 180 days and provided for review of licenses once granted under

section 2133 of this title, and when the Attorney General

recommends that there be a hearing, authorized the Commission to

hold hearings and permit the Attorney General to appear as a party

and to make a finding as to whether the activities under the

license would be inconsistent with the antitrust laws, and in par.

(3), provided for a review of the permit issued under section

2134(b) of this title, and added pars. (6) to (8).

1964 - Subsec. (a). Pub. L. 88-489 struck out ", including the

provisions which vest title to all special nuclear material in the

United States," before "shall relieve any person".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-273 effective Nov. 2, 2002, and

applicable only with respect to cases commenced on or after Nov. 2,

2002, see section 14103 of Pub. L. 107-273, set out as a note under

section 3 of Title 15, Commerce and Trade.

-TRANS-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2188, 2201 of this title.

-End-

-CITE-

42 USC Sec. 2136 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER IX - ATOMIC ENERGY LICENSES

-HEAD-

Sec. 2136. Classes of facilities

-STATUTE-

The Commission may -

(a) group the facilities licensed either under section 2133 or

2134 of this title into classes which may include either

production or utilization facilities or both, upon the basis of

the similarity of operating and technical characteristics of the

facilities;

(b) define the various activities to be carried on at each such

class of facility; and

(c) designate the amounts of special nuclear material available

for use by each such facility.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 106, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 938; renumbered title I, Pub. L.

102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-TRANS-

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.

-End-

-CITE-

42 USC Sec. 2137 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER IX - ATOMIC ENERGY LICENSES

-HEAD-

Sec. 2137. Operators' licenses

-STATUTE-

The Commission shall -

(a) prescribe uniform conditions for licensing individuals as

operators of any of the various classes of production and

utilization facilities licensed in this chapter;

(b) determine the qualifications of such individuals;

(c) issue licenses to such individuals in such form as the

Commission may prescribe; and

(d) suspend such licenses for violations of any provision of

this chapter or any rule or regulation issued thereunder whenever

the Commission deems such action desirable.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 107, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 939; renumbered title I, Pub. L.

102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-TRANS-

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.

-MISC1-

TECHNICAL CAPABILITY OF LICENSEE PERSONNEL IMPROVEMENT PLAN; STUDY

OF LICENSE REQUIREMENT FOR PLANT MANAGERS AND SENIOR LICENSEE

OFFICERS; REPORT TO CONGRESS

Pub. L. 96-395, title III, Sec. 307, June 30, 1980, 94 Stat. 791,

provided that:

"(a) The Commission is authorized and directed to prepare a plan

for improving the technical capability of licensee personnel to

safely operate utilization facilities licensed under section 103 or

104b. of the Atomic Energy Act of 1954 [sections 2133 and 2134(b)

of this title]. In proposing such plan, the Commission shall

consider the feasibility of requiring standard mandatory training

programs for nuclear facility operators, including classroom study,

apprenticeships at the facility, and emergency simulator training.

Such plan shall include specific criteria for more intensive

training and retraining of operator personnel licensed under

section 107 of the Atomic Energy Act of 1954 [this section], and

for the licensing of such personnel, to assure -

"(1) conformity with all conditions and requirements of the

operating license;

"(2) early identification of accidents, events, or event

sequences which may significantly increase the likelihood of an

accident; and

"(3) effective response to any such event or sequence.

Such plan shall include provision for Commission review and

approval of the qualifications of personnel conducting any required

training and retraining program. The plan shall also include

requirements for the renewal of operator licenses including, to the

extent practicable, requirements that the operator -

"(A) has been actively and extensively engaged in the duties

listed in such license,

"(B) has discharged such duties safely to the satisfaction of

the Commission,

"(C) is capable of continuing such duties, and

"(D) has participated in a requalification training program.

Such plan shall include criteria for suspending or revoking

operator licenses. In addition, the Commission shall also consider

the feasibility of requiring such licensed operator to pass a

requalification test every six months including -

"(i) written questions, and

"(ii) emergency simulator exams.

The Commission shall transmit to the Congress the plan required by

this subsection within six months after the date of the enactment

of this Act [June 30, 1980], and shall implement as expeditiously

as practicable each element thereof not requiring legislative

enactment.

"(b) The Nuclear Regulatory Commission is authorized and directed

to undertake a study of the feasibility and value of licensing,

under section 107 of the Atomic Energy Act of 1954 [this section],

plant managers of utilization facilities and senior licensee

officers responsible for operation of such facilities. The

Commission shall report to the Congress within six months of the

date of enactment of this Act [June 30, 1980] on the findings and

recommendations of the study required by this subsection, and shall

expeditiously implement each such recommendation not requiring

legislative enactment."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2282 of this title.

-End-

-CITE-

42 USC Sec. 2138 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER IX - ATOMIC ENERGY LICENSES

-HEAD-

Sec. 2138. Suspension of licenses during war or national emergency

-STATUTE-

Whenever the Congress declares that a state of war or national

emergency exists, the Commission is authorized to suspend any

licenses granted under this chapter if in its judgment such action

is necessary to the common defense and security. The Commission is

authorized during such period, if the Commission finds it necessary

to the common defense and security, to order the recapture of any

special nuclear material or to order the operation of any facility

licensed under section 2133 or 2134 of this title, and is

authorized to order the entry into any plant or facility in order

to recapture such material, or to operate such facility. Just

compensation shall be paid for any damages caused by the recapture

of any special nuclear material or by the operation of any such

facility.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 108, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 939; amended Pub. L. 86-373, Sec. 2,

Sept. 23, 1959, 73 Stat. 691; renumbered title I, Pub. L. 102-486,

title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-

AMENDMENTS

1959 - Pub. L. 86-373 struck out "distributed under the

provisions of section 2073(a) of this title," before "or to order".

-TRANS-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2073, 2201, 2221, 2233,

2272 of this title.

-End-

-CITE-

42 USC Sec. 2139 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER IX - ATOMIC ENERGY LICENSES

-HEAD-

Sec. 2139. Component and other parts of facilities

-STATUTE-

(a) Licenses for domestic activities

With respect to those utilization and production facilities which

are so determined by the Commission pursuant to section 2014(v)(2)

or 2014(cc)(2) of this title the Commission may issue general

licenses for domestic activities required to be licensed under

section 2131 of this title, if the Commission determines in writing

that such general licensing will not constitute an unreasonable

risk to the common defense and security.

(b) Export licenses

After consulting with the Secretaries of State, Energy, and

Commerce, the Commission is authorized and directed to determine

which component parts as defined in section 2014(v)(2) or

2014(cc)(2) of this title and which other items or substances are

especially relevant from the standpoint of export control because

of their significance for nuclear explosive purposes. Except as

provided in section 2155(b)(2) of this title, no such component,

substance, or item which is so determined by the Commission shall

be exported unless the Commission issues a general or specific

license for its export after finding, based on a reasonable

judgment of the assurances provided and other information available

to the Federal Government, including the Commission, that the

following criteria or their equivalent are met: (1) IAEA safeguards

as required by Article III (2) of the Treaty will be applied with

respect to such component, substance, or item; (2) no such

component, substance, or item will be used for any nuclear

explosive device or for research on or development of any nuclear

explosive device; and (3) no such component, substance, or item

will be retransferred to the jurisdiction of any other nation or

group of nations unless the prior consent of the United States is

obtained for such retransfer; and after determining in writing that

the issuance of each such general or specific license or category

of licenses will not be inimical to the common defense and

security: Provided, That a specific license shall not be required

for an export pursuant to this section if the component, item or

substance is covered by a facility license issued pursuant to

section 2155 of this title.

(c) Exports inimical to common defense and security of United

States

The Commission shall not issue an export license under the

authority of subsection (b) of this section if it is advised by the

executive branch, in accordance with the procedures established

under section 2155(a) of this title, that the export would be

inimical to the common defense and security of the United States.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 109, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 939; amended Pub. L. 87-615, Sec. 9,

Aug. 29, 1962, 76 Stat. 411; Pub. L. 89-645, Sec. 1(b), Oct. 13,

1966, 80 Stat. 891; Pub. L. 95-242, title III, Sec. 309(a), Mar.

10, 1978, 92 Stat. 141; renumbered title I, Pub. L. 102-486, title

IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 105-277,

div. G, title XII, Sec. 1225(d)(2), Oct. 21, 1998, 112 Stat.

2681-774.)

-MISC1-

AMENDMENTS

1998 - Subsec. (b). Pub. L. 105-277 struck out "and the Director"

after "Energy, and Commerce".

1978 - Subsec. (a). Pub. L. 95-242 designated existing provisions

as subsec. (a) and substituted "the Commission may issue general

licenses for domestic activities required to be licensed under

section 2131 of this title, if the Commission determines in writing

that such general licensing will not constitute an unreasonable

risk to the common defense and security" for "the Commission may

(a) issue general licenses for activities required to be licensed

under section 2131 of this title, if the Commission determines in

writing that such general licensing will not constitute an

unreasonable risk to the common defense and security, and (b) issue

licenses for the export of such facilities, if the Commission

determines in writing that each export will not constitute an

unreasonable risk to the common defense and security".

Subsecs. (b), (c). Pub. L. 95-242 added subsecs. (b) and (c).

1966 - Pub. L. 89-645 substituted "section 2014(v)(2) or 2014

(cc)(2)" for "section 2014(t)(2) or 2014(aa)(2)".

1962 - Pub. L. 87-615 substituted "section 2014(t)(2) or

2014(aa)(2)" for "section 2014(p)(2) or 2014(v)(2)".

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 reorganization 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 OF 1978 AMENDMENT

Amendment by Pub. L. 95-242 effective Mar. 10, 1978, except as

otherwise provided and regardless of any requirement for the

promulgation of implementing regulations, see section 603(c) of

Pub. L. 95-242, set out as an Effective Date note under section

3201 of Title 22, Foreign Relations and Intercourse.

-TRANS-

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.

-MISC2-

EXPORTS CONTRACTED FOR PRIOR TO NOV. 1, 1977, MADE WITHIN ONE YEAR

OF MAR. 10, 1978; SAVINGS PROVISION

Section 309(d) of Pub. L. 95-242 provided that: "The amendments

to section 109 of the 1954 Act [this section] made by this section

shall not affect the approval of exports contracted for prior to

November 1, 1977, which are made within one year of the date of

enactment of such amendments [Mar. 10, 1978]."

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 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, Foreign Relations and Intercourse.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2077, 2133, 2134, 2139a,

2160, 2282 of this title; title 22 sections 3203, 3281.

-End-

-CITE-

42 USC Sec. 2139a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER IX - ATOMIC ENERGY LICENSES

-HEAD-

Sec. 2139a. Regulations implementing requirements relating to

licensing for components and other parts of facilities

-STATUTE-

(a) Omitted

(b) The Commission, not later than one hundred and twenty days

after March 10, 1978, shall publish regulations to implement the

provisions of subsections (b) and (c) of section 2139 of this

title. Among other things, these regulations shall provide for the

prior consultation by the Commission with the Department of State,

the Department of Energy, the Department of Defense, and the

Department of Commerce.

(c) The President, within not more than one hundred and twenty

days after March 10, 1978, shall publish procedures regarding the

control by the Department of Commerce over all export items, other

than those licensed by the Commission, which could be, if used for

purposes other than those for which the export is intended, of

significance for nuclear explosive purposes. Among other things,

these procedures shall provide for prior consultations by the

Department of Commerce with the Department of State, the

Commission, the Department of Energy, and the Department of

Defense.

-SOURCE-

(Pub. L. 95-242, title III, Sec. 309(b), (c), Mar. 10, 1978, 92

Stat. 141; Pub. L. 103-236, title VII, Sec. 714(b), Apr. 30, 1994,

108 Stat. 498; Pub. L. 105-277, div. G, title XII, Sec. 1225(e)(4),

Oct. 21, 1998, 112 Stat. 2681-775.)

-REFTEXT-

REFERENCES IN TEXT

Commission, referred to in text, is defined as meaning 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.

-COD-

CODIFICATION

Section was enacted as part of the Nuclear Non-Proliferation Act

of 1978, and not as part of the Atomic Energy Act of 1954 which

comprises this chapter.

Section is based on subsecs. (b) and (c) of Pub. L. 95-242.

Subsec. (a) of Pub. L. 95-242 amended section 2139 of this title,

and subsec. (d) is set out as a note under section 2139 of this

title.

-MISC1-

AMENDMENTS

1998 - Subsec. (b). Pub. L. 105-277, Sec. 1225(e)(4)(A),

substituted "and the Department of Commerce" for "the Department of

Commerce, and the Arms Control and Disarmament Agency".

Subsec. (c). Pub. L. 105-277, Sec. 1225(e)(4)(B), struck out "the

Arms Control and Disarmament Agency," after "Department of State,".

1994 - Subsec. (c). Pub. L. 103-236 struck out ", as required,"

after "prior consultations" in last sentence.

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 reorganization 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.

-TRANS-

DELEGATION OF FUNCTIONS

Secretary of Commerce to be responsible for performing function

vested in President by subsec. (c) of this section, see section 3

of Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out under

section 3201 of Title 22, Foreign Relations and Intercourse.

-MISC2-

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, Foreign

Relations and Intercourse.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 sections 3281, 6305;

title 50 section 2332; title 50 App. sections 2170, 2416.

-End-

-CITE-

42 USC Sec. 2140 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER IX - ATOMIC ENERGY LICENSES

-HEAD-

Sec. 2140. Exclusions from license requirement

-STATUTE-

Nothing in this subchapter shall be deemed -

(a) to require a license for (1) the processing, fabricating,

or refining of special nuclear material, or the separation of

special nuclear material, or the separation of special nuclear

material from other substances, under contract with and for the

account of the Commission; or (2) the construction or operation

of facilities under contract with and for the account of the

Commission; or

(b) to require a license for the manufacture, production, or

acquisition by the Department of Defense of any utilization

facility authorized pursuant to section 2121 of this title, or

for the use of such facility by the Department of Defense or a

contractor thereof.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 110, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 939; renumbered title I, Pub. L.

102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-TRANS-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5842 of this title.

-End-

-CITE-

42 USC Sec. 2141 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER IX - ATOMIC ENERGY LICENSES

-HEAD-

Sec. 2141. Licensing by Nuclear Regulatory Commission of

distribution of special nuclear material, source material, and

byproduct material by Department of Energy

-STATUTE-

(a) The Nuclear Regulatory Commission is authorized to license

the distribution of special nuclear material, source material, and

byproduct material by the Department of Energy pursuant to section

2074, 2094, and 2112 of this title, respectively, in accordance

with the same procedures established by law for the export

licensing of such material by any person: Provided, That nothing in

this section shall require the licensing of the distribution of

byproduct material by the Department of Energy under section 2112

of this title.

(b) The Department of Energy shall not distribute any special

nuclear material or source material under section 2074 or 2094 of

this title other than under an export license issued by the Nuclear

Regulatory Commission until (1) the Department has obtained the

concurrence of the Department of State and has consulted with the

Nuclear Regulatory Commission and the Department of Defense under

mutually agreed procedures which shall be established within not

more than ninety days after March 10, 1978, and (2) the Department

finds based on a reasonable judgment of the assurances provided and

the information available to the United States Government, that the

criteria in section 2156 of this title or their equivalent and any

applicable criteria in section 2157 of this title are met, and that

the proposed distribution would not be inimical to the common

defense and security.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 111, as added Pub. L. 95-242,

title III, Sec. 301(c), Mar. 10, 1978, 92 Stat. 125; renumbered

title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992,

106 Stat. 2944; amended Pub. L. 105-277, div. G, title XII, Sec.

1225(d)(3), Oct. 21, 1998, 112 Stat. 2681-774.)

-MISC1-

AMENDMENTS

1998 - Subsec. (b). Pub. L. 105-277 substituted "the Nuclear

Regulatory Commission" for "the Arms Control and Disarmament

Agency, the Nuclear Regulatory Commission,".

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 reorganization 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.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain functions from Nuclear Regulatory

Commission to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45

F.R. 40561, 94 Stat. 3585, set out as a note under section 5841 of

this title.

-MISC2-

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 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, Foreign Relations and Intercourse.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2077, 2160 of this title.

-End-

-CITE-

42 USC SUBCHAPTER X - INTERNATIONAL ACTIVITIES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER X - INTERNATIONAL ACTIVITIES

-HEAD-

SUBCHAPTER X - INTERNATIONAL ACTIVITIES

-End-

-CITE-

42 USC Sec. 2151 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER X - INTERNATIONAL ACTIVITIES

-HEAD-

Sec. 2151. Effect of international arrangements

-STATUTE-

Any provision of this chapter or any action of the Commission to

the extent and during the time that it conflicts with the

provisions of any international arrangements made after August 30,

1954 shall be deemed to be of no force or effect.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 121, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 939; renumbered title I, Pub. L.

102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1808(a) of this title, prior to the general amendment and

renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

-TRANS-

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.

-End-

-CITE-

42 USC Sec. 2152 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER X - INTERNATIONAL ACTIVITIES

-HEAD-

Sec. 2152. Policies contained in international arrangements

-STATUTE-

In the performance of its functions under this chapter, the

Commission shall give maximum effect to the policies contained in

any international arrangement made after August 30, 1954.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 122, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 939; renumbered title I, Pub. L.

102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1808(c) of this title, prior to the general amendment and

renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

-TRANS-

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.

-End-

-CITE-

42 USC Sec. 2153 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER X - INTERNATIONAL ACTIVITIES

-HEAD-

Sec. 2153. Cooperation with other nations

-STATUTE-

No cooperation with any nation, group of nations or regional

defense organization pursuant to sections 2073, 2074(a), 2077,

2094, 2112, 2121, 2133, 2134, or 2164 of this title shall be

undertaken until -

(a) Terms, conditions, duration, nature, scope, and other

requirements of proposed agreements for cooperation;

Presidential exemptions; negotiations; Nuclear Proliferation

Assessment Statement

the proposed agreement for cooperation has been submitted to

the President, which proposed agreement shall include the terms,

conditions, duration, nature, and scope of the cooperation; and

shall include the following requirements:

(1) a guaranty by the cooperating party that safeguards as

set forth in the agreement for cooperation will be maintained

with respect to all nuclear materials and equipment transferred

pursuant thereto, and with respect to all special nuclear

material used in or produced through the use of such nuclear

materials and equipment, so long as the material or equipment

remains under the jurisdiction or control of the cooperating

party, irrespective of the duration of other provisions in the

agreement or whether the agreement is terminated or suspended

for any reason;

(2) in the case of non-nuclear-weapon states, a requirement,

as a condition of continued United States nuclear supply under

the agreement for cooperation, that IAEA safeguards be

maintained with respect to all nuclear materials in all

peaceful nuclear activities within the territory of such state,

under its jurisdiction, or carried out under its control

anywhere;

(3) except in the case of those agreements for cooperation

arranged pursuant to section 2121(c) of this title, a guaranty

by the cooperating party that no nuclear materials and

equipment or sensitive nuclear technology to be transferred

pursuant to such agreement, and no special nuclear material

produced through the use of any nuclear materials and equipment

or sensitive nuclear technology transferred pursuant to such

agreement, will be used for any nuclear explosive device, or

for research on or development of any nuclear explosive device,

or for any other military purpose;

(4) except in the case of those agreements for cooperation

arranged pursuant to section 2121(c) of this title and

agreements for cooperation with nuclear-weapon states, a

stipulation that the United States shall have the right to

require the return of any nuclear materials and equipment

transferred pursuant thereto and any special nuclear material

produced through the use thereof if the cooperating party

detonates a nuclear explosive device or terminates or abrogates

an agreement providing for IAEA safeguards;

(5) a guaranty by the cooperating party that any material or

any Restricted Data transferred pursuant to the agreement for

cooperation and, except in the case of agreements arranged

pursuant to section 2121(c), 2164(b), 2164(c), or 2164(d) of

this title, any production or utilization facility transferred

pursuant to the agreement for cooperation or any special

nuclear material produced through the use of any such facility

or through the use of any material transferred pursuant to the

agreement, will not be transferred to unauthorized persons or

beyond the jurisdiction or control of the cooperating party

without the consent of the United States;

(6) a guaranty by the cooperating party that adequate

physical security will be maintained with respect to any

nuclear material transferred pursuant to such agreement and

with respect to any special nuclear material used in or

produced through the use of any material, production facility,

or utilization facility transferred pursuant to such agreement;

(7) except in the case of agreements for cooperation arranged

pursuant to section 2121(c), 2164(b), 2164(c), or 2164(d) of

this title, a guaranty by the cooperating party that no

material transferred pursuant to the agreement for cooperation

and no material used in or produced through the use of any

material, production facility, or utilization facility

transferred pursuant to the agreement for cooperation will be

reprocessed, enriched or (in the case of plutonium, uranium

233, or uranium enriched to greater than twenty percent in the

isotope 235, or other nuclear materials which have been

irradiated) otherwise altered in form or content without the

prior approval of the United States;

(8) except in the case of agreements for cooperation arranged

pursuant to section 2121(c), 2164(b), 2164(c), or 2164(d) of

this title, a guaranty by the cooperating party that no

plutonium, no uranium 233, and no uranium enriched to greater

than twenty percent in the isotope 235, transferred pursuant to

the agreement for cooperation, or recovered from any source or

special nuclear material so transferred or from any source or

special nuclear material used in any production facility or

utilization facility transferred pursuant to the agreement for

cooperation, will be stored in any facility that has not been

approved in advance by the United States; and

(9) except in the case of agreements for cooperation arranged

pursuant to section 2121(c), 2164(b), 2164(c), or 2164(d) of

this title, a guaranty by the cooperating party that any

special nuclear material, production facility, or utilization

facility produced or constructed under the jurisdiction of the

cooperating party by or through the use of any sensitive

nuclear technology transferred pursuant to such agreement for

cooperation will be subject to all the requirements specified

in this subsection.

The President may exempt a proposed agreement for cooperation

(except an agreement arranged pursuant to section 2121(c),

2164(b), 2164(c), or 2164(d) of this title) from any of the

requirements of the foregoing sentence if he determines that

inclusion of any such requirement would be seriously prejudicial

to the achievement of United States non-proliferation objectives

or otherwise jeopardize the common defense and security. Except

in the case of those agreements for cooperation arranged pursuant

to section 2121(c), 2164(b), 2164(c), or 2164(d) of this title,

any proposed agreement for cooperation shall be negotiated by the

Secretary of State, with the technical assistance and concurrence

of the Secretary of Energy; and after consultation with the

Commission shall be submitted to the President jointly by the

Secretary of State and the Secretary of Energy accompanied by the

views and recommendations of the Secretary of State, the

Secretary of Energy, and the Nuclear Regulatory Commission. The

Secretary of State shall also provide to the President an

unclassified Nuclear Proliferation Assessment Statement (A) which

shall analyze the consistency of the text of the proposed

agreement for cooperation with all the requirements of this

chapter, with specific attention to whether the proposed

agreement is consistent with each of the criteria set forth in

this subsection, and (B) regarding the adequacy of the safeguards

and other control mechanisms and the peaceful use assurances

contained in the agreement for cooperation to ensure that any

assistance furnished thereunder will not be used to further any

military or nuclear explosive purpose. Each Nuclear Proliferation

Assessment Statement prepared pursuant to this chapter shall be

accompanied by a classified annex, prepared in consultation with

the Director of Central Intelligence, summarizing relevant

classified information. In the case of those agreements for

cooperation arranged pursuant to section 2121(c), 2164(b),

2164(c), or 2164(d) of this title, any proposed agreement for

cooperation shall be submitted to the President by the Secretary

of Energy or, in the case of those agreements for cooperation

arranged pursuant to section 2121(c), 2164(b), or 2164(d) of this

title which are to be implemented by the Department of Defense,

by the Secretary of Defense;

(b) Presidential approval and authorization for execution of

proposed agreements for cooperation

the President has submitted text of the proposed agreement for

cooperation (except an agreement arranged pursuant to section

2121(c), 2164(b), 2164(c), or 2164(d) of this title), together

with the accompanying unclassified Nuclear Proliferation

Assessment Statement, to the Committee on Foreign Relations of

the Senate and the Committee on Foreign Affairs of the House of

Representatives, the President has consulted with such Committees

for a period of not less than thirty days of continuous session

(as defined in section 2159(g) of this title) concerning the

consistency of the terms of the proposed agreement with all the

requirements of this chapter, and the President has approved and

authorized the execution of the proposed agreement for

cooperation and has made a determination in writing that the

performance of the proposed agreement will promote, and will not

constitute an unreasonable risk to, the common defense and

security;

(c) Submittal of proposed agreements for cooperation to

Congressional committees

the proposed agreement for cooperation (if not an agreement

subject to subsection (d) of this section), together with the

approval and determination of the President, has been submitted

to the Committee on Foreign Affairs of the House of

Representatives and the Committee on Foreign Relations of the

Senate for a period of thirty days of continuous session (as

defined in section 2159(g) of this title): Provided, however,

That these committees, after having received such agreement for

cooperation, may by resolution in writing waive the conditions of

all or any portion of such thirty-day period; and

(d) Congressional action

the proposed agreement for cooperation (if arranged pursuant to

section 2121(c), 2164(b), 2164(c), or 2164(d) of this title, or

if entailing implementation of section 2073, 2074(a), 2133, or

2134 of this title in relation to a reactor that may be capable

of producing more than five thermal megawatts or special nuclear

material for use in connection therewith) has been submitted to

the Congress, together with the approval and determination of the

President, for a period of sixty days of continuous session (as

defined in section 2159(g) of this title) and referred to the

Committee on Foreign Affairs of the House of Representatives and

the Committee on Foreign Relations of the Senate, and in

addition, in the case of a proposed agreement for cooperation

arranged pursuant to section 2121(c), 2164(b), 2164(c), or

2164(d) of this title, the Committee on Armed Services of the

House of Representatives and the Committee on Armed Services of

the Senate, but such proposed agreement for cooperation shall not

become effective if during such sixty-day period the Congress

adopts, and there is enacted, a joint resolution stating in

substance that the Congress does not favor the proposed agreement

for cooperation: Provided, That the sixty-day period shall not

begin until a Nuclear Proliferation Assessment Statement prepared

by the Secretary of State, and any annexes thereto, when required

by subsection (a) of this section, have been submitted to the

Congress: Provided further, That an agreement for cooperation

exempted by the President pursuant to subsection (a) of this

section from any requirement contained in that subsection shall

not become effective unless the Congress adopts, and there is

enacted, a joint resolution stating that the Congress does favor

such agreement. During the sixty-day period the Committee on

Foreign Affairs of the House of Representatives and the Committee

on Foreign Relations of the Senate shall each hold hearings on

the proposed agreement for cooperation and submit a report to

their respective bodies recommending whether it should be

approved or disapproved. Any such proposed agreement for

cooperation shall be considered pursuant to the procedures set

forth in section 2159(i) of this title.

Following submission of a proposed agreement for cooperation

(except an agreement for cooperation arranged pursuant to section

2121(c), 2164(b), 2164(c), or 2164(d) of this title) to the

Committee on Foreign Affairs of the House of Representatives and

the Committee on Foreign Relations of the Senate, the Nuclear

Regulatory Commission, the Department of State, the Department of

Energy, and the Department of Defense shall, upon the request of

either of those committees, promptly furnish to those committees

their views as to whether the safeguards and other controls

contained therein provide an adequate framework to ensure that any

exports as contemplated by such agreement will not be inimical to

or constitute an unreasonable risk to the common defense and

security.

If, after March 10, 1978, the Congress fails to disapprove a

proposed agreement for cooperation which exempts the recipient

nation from the requirement set forth in subsection (a)(2) of this

section, such failure to act shall constitute a failure to adopt a

resolution of disapproval pursuant to section 2157(b)(3) of this

title for purposes of the Commission's consideration of

applications and requests under section 2155(a)(2) of this title

and there shall be no congressional review pursuant to section 2157

of this title of any subsequent license or authorization with

respect to that state until the first such license or authorization

which is issued after twelve months from the elapse of the

sixty-day period in which the agreement for cooperation in question

is reviewed by the Congress.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 123, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 940; amended Pub. L. 85-479, Secs. 3, 4,

July 2, 1958, 72 Stat. 277; Pub. L. 85-681, Sec. 4, Aug. 19, 1958,

72 Stat. 632; Pub. L. 88-489, Sec. 15, Aug. 26, 1964, 78 Stat. 606;

Pub. L. 93-377, Sec. 5, Aug. 17, 1974, 88 Stat. 475; Pub. L.

93-485, Sec. 1, Oct. 26, 1974, 88 Stat. 1460; Pub. L. 95-242, title

IV, Sec. 401, Mar. 10, 1978, 92 Stat. 142; Pub. L. 99-64, title

III, Sec. 301(a), (b), July 12, 1985, 99 Stat. 159, 160; renumbered

title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992,

106 Stat. 2944; Pub. L. 103-337, div. C, title XXXI, Sec.

3155(c)(1), Oct. 5, 1994, 108 Stat. 3092; Pub. L. 103-437, Sec.

15(f)(5), Nov. 2, 1994, 108 Stat. 4592; Pub. L. 104-106, div. A,

title XV, Sec. 1505(g), Feb. 10, 1996, 110 Stat. 515; Pub. L.

105-277, div. G, title XII, Sec. 1225(d)(4), Oct. 21, 1998, 112

Stat. 2681-774.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-277, Sec. 1225(d)(4)(C), in first undesignated

paragraph of concluding provisions, struck out "the Arms Control

and Disarmament Agency," after "Department of Energy,".

Subsec. (a). Pub. L. 105-277, Sec. 1225(d)(4)(A), in concluding

provisions, struck out "and in consultation with the Director of

the Arms Control and Disarmament Agency ('the Director')" before ";

and after consultation", inserted "and" after "Secretary of

Energy,", substituted "Commission. The Secretary of State" for

"Commission, and the Director, who", and inserted "Each Nuclear

Proliferation Assessment Statement prepared pursuant to this

chapter shall be accompanied by a classified annex, prepared in

consultation with the Director of Central Intelligence, summarizing

relevant classified information." after "nuclear explosive

purpose."

Subsec. (d). Pub. L. 105-277, Sec. 1225(d)(4)(B), in first

proviso, substituted "Nuclear Proliferation Assessment Statement

prepared by the Secretary of State, and any annexes thereto," for

"Nuclear Proliferation Assessment Statement prepared by the

Director of the Arms Control and Disarmament Agency," and

substituted "have been" for "has been".

1996 - Subsec. (a). Pub. L. 104-106 substituted ", 2164(b), or

2164(d)" for "2164(b), or 2164(d)" in concluding provisions.

1994 - Pub. L. 103-437 substituted "Foreign Affairs" for

"International Relations" in penultimate paragraph.

Pub. L. 103-337, Sec. 3155(c)(1)(A), substituted "2164(c), or

2164(d)" for "or 2164(c)" in penultimate paragraph.

Subsec. (a). Pub. L. 103-337, Sec. 3155(c)(1)(B), substituted

"2164(b), or 2164(d)" for "or 2164(b)" in provisions following par.

(9).

Pub. L. 103-337, Sec. 3155(c)(1)(A), substituted "2164(c), or

2164(d)" for "or 2164(c)" wherever appearing.

Subsec. (b). Pub. L. 103-437 substituted "Foreign Affairs" for

"International Relations".

Pub. L. 103-337, Sec. 3155(c)(1)(C), inserted "(except an

agreement arranged pursuant to section 2121(c), 2164(b), 2164(c),

or 2164(d) of this title)" after "the President has submitted text

of the proposed agreement for cooperation".

Subsec. (c). Pub. L. 103-437 substituted "Foreign Affairs" for

"International Relations".

Subsec. (d). Pub. L. 103-437 substituted "Foreign Affairs" for

"International Relations" in two places.

Pub. L. 103-337, Sec. 3155(c)(1)(A), substituted "2164(c), or

2164(d)" for "or 2164(c)" in two places.

1985 - Subsec. (a). Pub. L. 99-64, Sec. 301(a)(1), in provisions

following par. (9) inserted "(A) which shall analyze the

consistency of the text of the proposed agreement for cooperation

with all the requirements of this chapter, with specific attention

to whether the proposed agreement is consistent with each of the

criteria set forth in this subsection, and (B)" after "Assessment

Statement".

Subsec. (b). Pub. L. 99-64, Sec. 301(a)(2), inserted "the

President has submitted text of the proposed agreement for

cooperation, together with the accompanying unclassified Nuclear

Proliferation Assessment Statement, to the Committee on Foreign

Relations of the Senate and the Committee on Foreign Affairs of the

House of Representatives, the President has consulted with such

Committees for a period of not less than thirty days of continuous

session (as defined in section 2159(g) of this title) concerning

the consistency of the terms of the proposed agreement with all the

requirements of this chapter, and".

Subsec. (d). Pub. L. 99-64, Sec. 301(a)(3), (b), substituted

"adopts, and there is enacted, a joint resolution" for "adopts a

concurrent resolution", inserted a further proviso directing that

an agreement for cooperation exempted by the President pursuant to

subsection (a) of this section from any requirement contained in

that subsection shall not become effective unless the Congress

adopts, and there is enacted, a joint resolution stating that the

Congress does favor such agreement, inserted sentence directing

that during the sixty-day period the Committee on Foreign Affairs

of the House of Representatives and the Committee on Foreign

Relations of the Senate shall each hold hearings on the proposed

agreement for cooperation and submit a report to their respective

bodies recommending whether it should be approved or disapproved,

and substituted "section 2159(i) of this title" for "section 2159

of this title for the consideration of Presidential submissions".

1978 - Subsec. (a). Pub. L. 95-242 amended and carried forward

into pars. (3), (5), and (6) the existing provisions relating to

the terms and conditions required for inclusion in all new

agreements for cooperation, inserted new terms and conditions set

out in pars. (1), (2), (4), (7), (8), and (9), inserted provisions

empowering the President to exempt proposed agreements from any of

the requirements if he determines that inclusion of the requirement

would be seriously prejudicial to the achievement of United States

nonproliferation objectives or jeopardize the common defense and

security for any other reason, provided for Congressional rejection

of any such Presidential exemption, and provided that agreements be

negotiated by the Department of State, with an exception for

defense related agreements.

Subsec. (b). Pub. L. 95-242 reenacted existing provisions with

only minor changes in punctuation.

Subsec. (c). Pub. L. 95-242 inserted "(if not an agreement

subject to subsection (d) of this section)" after "the proposed

agreement for cooperation", substituted "submitted to the Committee

on International Relations of the House of Representatives and the

Committee on Foreign Relations for a period of thirty days of

continuous session (as defined in section 2159(g) of this title)"

for "submitted to the Joint Committee and a period of thirty days

has elapsed while Congress is in session (in computing such thirty

days, there shall be excluded the days on which either House is not

in session because of the adjournment of more than three days)",

and substituted reference to "these committees" for reference to

"the Joint Committee" in proviso.

Subsec. (d). Pub. L. 95-242 provided that proposed agreements be

laid before the Committees on International Relations and Foreign

Relations rather than the Joint Committee on Atomic Energy and that

for major agreements the Nuclear Proliferation Assessment

Statement, if any, prepared in conjunction with the President's

review of the proposed agreement, also be submitted to the

committees, and added unlettered paragraphs following subsec. (d)

relating to the submission of agency views to Congressional

committees and the failure of the Congress to act on agreements

which exempt the recipient nation from the requirements of subsec.

(a)(2).

1974 - Pub. L. 93-377 substituted reference to section 2074(a) of

this title for reference to section 2074 of this title in opening

par.

Subsec. (d). Pub. L. 93-485 inserted reference to proposed

agreements entailing implementation of sections 2073, 2074, 2133,

or 2134 of this title, or in relation to reactors capable of

producing more than five thermal megawatts or special nuclear

material in connection therewith, inserted provision requiring the

Joint Committee to submit a report to Congress of its views and

recommendations respecting the proposed agreement and an

accompanying proposed concurrent resolution favoring or otherwise

of such agreement within the first thirty days of the sixty day

period and providing that such concurrent resolution so reported

shall become the pending business of the House in question within

twenty-five days and shall be voted on within five days thereafter

unless such House determined otherwise, and struck out the proviso

that during the 85th Congress the waiting period shall be thirty

days.

1964 - Pub. L. 88-489 inserted reference to section 2073 in

opening par.

1958 - Pub. L. 85-479, Sec. 3, inserted reference to section 2121

in opening par.

Subsec. (a). Pub. L. 85-479, Sec. 3, included agreements for

cooperation arranged pursuant to section 2121(c) of this title, and

inserted in cl. (3) the exception in the case of agreements

arranged pursuant to section 2121(c) of this title.

Subsec. (c). Pub. L. 85-681 inserted proviso clause relating to

waiver waiting period.

Subsec. (d). Pub. L. 85-479, Sec. 4, added subsec. (d).

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-MISC2-

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 reorganization 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 OF 1985 AMENDMENT

Section 301(d) of Pub. L. 99-64 provided that: "The amendments

made by this section [amending this section and section 2159 of

this title] shall apply to any agreement for cooperation which is

entered into after the date of the enactment of this Act [July 12,

1985]."

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-242 effective Mar. 10, 1978, except as

otherwise provided and regardless of any requirement for the

promulgation of implementing regulations, see section 603(c) of

Pub. L. 95-242, set out as an Effective Date note under section

3201 of Title 22, Foreign Relations and Intercourse.

EFFECTIVE DATE OF 1974 AMENDMENT

Section 2 of Pub. L. 93-485 provided that: "This Act [amending

this section] shall apply to proposed agreements for cooperation

and to proposed amendments to agreements for cooperation hereafter

[Oct. 26, 1974] submitted to the Congress."

-TRANS-

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.

-MISC3-

APPLICABILITY OF NOTICE AND WAIT PROVISIONS

Section 3155(b) of Pub. L. 103-337, as amended by Pub. L.

104-106, div. C, title XXXI, Sec. 3154(b), Feb. 10, 1996, 110 Stat.

624; Pub. L. 104-201, div. C, title XXXI, Sec. 3160, Sept. 23,

1996, 110 Stat. 2843, provided that: "Section 123 d. of the Atomic

Energy Act of 1954 (42 U.S.C. 2153(d)), as amended by subsection

(c), shall not apply to a proposed agreement for cooperation under

section 144 d. of such Act [42 U.S.C. 2164(d)], as inserted by

subsection (a), until October 1, 1997."

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 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, Foreign Relations and Intercourse.

FUEL CYCLE EVALUATIONS; REPORT TO CONGRESS

Pub. L. 95-601, Sec. 9, Nov. 6, 1978, 92 Stat. 2951, directed

Commission to monitor and assist, as requested, International Fuel

Cycle Evaluation and studies and evaluations of various nuclear

fuel cycle systems by Department of Energy in progress as of Nov.

6, 1978, and report to Congress semiannually through calendar year

1980 and annually through calendar year 1982 on status of domestic

and international evaluations of nuclear fuel cycle systems, with

report to include a summary of information developed by and

available to Commission on health, safety, and safeguards

implications of leading fuel cycle technologies.

ADEQUACY OF LAWS AND REGULATIONS GOVERNING EXPORT AND RE-EXPORT OF

NUCLEAR MATERIALS, ETC., AND SAFEGUARDS PREVENTING PROLIFERATION OF

NUCLEAR MATERIALS

Pub. L. 93-500, Sec. 14, Oct. 29, 1974, 88 Stat. 1557, directed

President to review and report to Congress within six months after

Oct. 29, 1974, on all laws and pertinent regulations issued

thereunder, governing the export and re-export of nuclear materials

and information relating to the design and development thereof, in

order to curb further domestic and international nuclear

proliferation, diversion, or theft of nuclear materials.

COOPERATION WITH BERLIN

Act Aug. 1, 1946, ch. 724, title I, Sec. 125, as added by Apr.

12, 1957, Pub. L. 85-14, 71 Stat. 11; amended by Aug. 17, 1974,

Pub. L. 93-377, Sec. 5, 88 Stat. 475; renumbered title I, Oct. 24,

1992, Pub. L. 102-486, title IX, Sec. 902(a)(8), 106 Stat. 2944,

provided that the President could authorize the Commission to enter

into agreements for cooperation with the Federal Republic of

Germany in accordance with this section, on behalf of Berlin, which

for the purposes of this chapter comprised those areas over which

the Berlin Senate exercised jurisdiction (the United States,

British, and French sectors) and the Commission could thereafter

cooperate with Berlin pursuant to section 2074(a), 2077, 2094,

2112, 2133, or 2134 of this title, with provision that the

guaranties required by this section were to be made by Berlin with

the approval of the allied commandants.

-EXEC-

EX. ORD. NO. 10841. INTERNATIONAL COOPERATION

Ex. Ord. No. 10841, eff. Sept. 30, 1959, 24 F.R. 7941, as amended

by Ex. Ord. No. 10956, eff. Aug. 10, 1961, 26 F.R. 7315; Ex. Ord.

No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:

Section 1. Whenever the President, pursuant to section 123 of the

Act [this section], has approved and authorized the execution of a

proposed agreement providing for cooperation pursuant to section

91c, 144a, 144b, or 144c of the Act [sections 2121(c), 2164(a),

2164(b), 2164 (c) of this title], such approval and authorization

by the President shall constitute his authorization to cooperate to

the extent provided for in the agreement and in the manner provided

for in section 91c, 144a, 144b, or 144c [sections 2121(c), 2164(a),

2164(b), or 2164(c) of this title], as pertinent. In respect of

sections 91c, 144b, and 144c [sections 2121(c), 2164(b), and

2164(c) of this title], authorizations by the President to

cooperate shall be subject to the requirements of sections 123d of

the Act [subsec. (d) of this section] and shall also be subject to

appropriate determinations made pursuant to section 2 of this

order.

Sec. 2. (a) The Secretary of Defense and the Secretary of Energy

are hereby designated and empowered to exercise jointly, after

consultation with executive agencies as may be appropriate, the

following-described authority without the approval, ratification,

or other action of the President:

(1) The authority vested in the President by section 91c of the

Act [section 2121(c) of this title] to determine that the proposed

cooperation and each proposed transfer arrangement referred to in

that section will promote and will not constitute an unreasonable

risk to the common defense and security.

(2) The authority vested in the President by section 144b of the

Act [section 2164(b) of this title] to determine that the proposed

cooperation and the proposed communication of Restricted Data

referred to in that section will promote and will not constitute an

unreasonable risk to the common defense and security: Provided,

That each determination made under this paragraph shall be referred

to the President and, unless disapproved by him, shall become

effective fifteen days after such referral or at such later time as

may be specified in the determination.

(3) The authority vested in the President by section 144c of the

Act [section 2164(c) of this title] to determine that the proposed

cooperation and the communication of the proposed Restricted Data

referred to in that section will promote and will not constitute an

unreasonable risk to the common defense and security.

(b) Whenever the Secretary of Defense and the Secretary of Energy

are unable to agree upon a joint determination under the provisions

of subsection (a) of this section, the recommendations of each of

them, together with the recommendations of other agencies

concerned, shall be referred to the President, and the

determination shall be made by the President.

Sec. 3. This order shall not be construed as delegating the

function vested in the President by section 91c of the Act [section

2121(c) of this title] of approving programs proposed under that

section.

Sec. 4. (a) The functions of negotiating and entering into

international agreements under the Act [this chapter] shall be

performed by or under the authority of the Secretary of State.

(b) International cooperation under the Act [this chapter] shall

be subject to the responsibilities of the Secretary of State with

respect to the foreign policy of the United States pertinent

thereto.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2014, 2073, 2074, 2077,

2094, 2112, 2121, 2133, 2134, 2153c, 2153d, 2153e, 2154, 2159,

2160, 2164, 2201, 2291, 2294, 2295 of this title; title 22 section

3281.

-End-

-CITE-

42 USC Sec. 2153a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER X - INTERNATIONAL ACTIVITIES

-HEAD-

Sec. 2153a. Approval for enrichment after export of source or

special nuclear material; export of major critical components of

enrichment facilities

-STATUTE-

(a) Except as specifically provided in any agreement for

cooperation, no source or special nuclear material hereafter

exported from the United States may be enriched after export

without the prior approval of the United States for such

enrichment: Provided, That the procedures governing such approvals

shall be identical to those set forth for the approval of proposed

subsequent arrangements under section 2160 of this title, and any

commitments from the recipient which the Secretary of Energy and

the Secretary of State deem necessary to ensure that such approval

will be obtained prior to such enrichment shall be obtained prior

to the submission of the executive branch judgment regarding the

export in question and shall be set forth in such submission: And

provided further, That no source or special nuclear material shall

be exported for the purpose of enrichment or reactor fueling to any

nation or group of nations which has, after March 10, 1978, entered

into a new or amended agreement for cooperation with the United

States, except pursuant to such agreement.

(b) In addition to other requirements of law, no major critical

component of any uranium enrichment, nuclear fuel reprocessing, or

heavy water production facility shall be exported under any

agreement for cooperation (except an agreement for cooperation

pursuant to section 2121(c), 2164(b), or 2164(c) of this title)

unless such agreement for cooperation specifically designates such

components as items to be exported pursuant to the agreement for

cooperation. For purposes of this subsection, the term "major

critical component" means any component part or group of component

parts which the President determines to be essential to the

operation of a complete uranium enrichment, nuclear fuel

reprocessing, or heavy water production facility.

-SOURCE-

(Pub. L. 95-242, title IV, Sec. 402, Mar. 10, 1978, 92 Stat. 145.)

-COD-

CODIFICATION

Section was enacted as part of the Nuclear Non-Proliferation Act

of 1978, and not as part of the Atomic Energy Act of 1954 which

comprises this chapter.

-MISC1-

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.

-TRANS-

DELEGATION OF FUNCTIONS

Delegation or assignment to Secretary of Energy of function

vested in President under subsec. (b) of this section, see section

1(a) of Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out

under section 3201 of Title 22, Foreign Relations and Intercourse.

-MISC2-

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, Foreign

Relations and Intercourse.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2158 of this title.

-End-

-CITE-

42 USC Sec. 2153b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER X - INTERNATIONAL ACTIVITIES

-HEAD-

Sec. 2153b. Export policies relating to peaceful nuclear activities

and international nuclear trade

-STATUTE-

The President shall take immediate and vigorous steps to seek

agreement from all nations and groups of nations to commit

themselves to adhere to the following export policies with respect

to their peaceful nuclear activities and their participation in

international nuclear trade:

(a) Undertakings by transferee nations receiving nuclear material

and equipment or sensitive nuclear technology

No nuclear materials and equipment and no sensitive nuclear

technology within the territory of any nation or group of nations,

under its jurisdiction, or under its control anywhere will be

transferred to the jurisdiction of any other nation or group of

nations unless the nation or group of nations receiving such

transfer commits itself to strict undertakings including, but not

limited to, provisions sufficient to ensure that -

(1) no nuclear materials and equipment and no nuclear

technology in, under the jurisdiction of, or under the control of

any non-nuclear-weapon state, shall be used for nuclear explosive

devices for any purpose or for research on or development of

nuclear explosive devices for any purpose, except as permitted by

Article V, the Treaty;

(2) IAEA safeguards will be applied to all peaceful nuclear

activities in, under the jurisdiction of, or under the control of

any non-nuclear-weapon state;

(3) adequate physical security measures will be established and

maintained by any nation or group of nations on all of its

nuclear activities;

(4) no nuclear materials and equipment and no nuclear

technology intended for peaceful purposes in, under the

jurisdiction of, or under the control of any nation or group of

nations shall be transferred to the jurisdiction of any other

nation or group of nations which does not agree to stringent

undertakings meeting the objectives of this section; and

(5) no nation or group of nations will assist, encourage, or

induce any non-nuclear-weapon state to manufacture or otherwise

acquire any nuclear explosive device.

(b) Enrichment of source or special nuclear material only under

effective international auspices and inspection

(1) No source or special nuclear material within the territory of

any nation or group of nations, under its jurisdiction, or under

its control anywhere will be enriched (as described in section

2014(aa)(2) of this title) or reprocessed, no irradiated fuel

elements containing such material which are to be removed from a

reactor will be altered in form or content, and no fabrication or

stockpiling involving plutonium, uranium 233, or uranium enriched

to greater than 20 percent in the isotope 235 shall be performed

except in a facility under effective international auspices and

inspection, and any such irradiated fuel elements shall be

transferred to such a facility as soon as practicable after removal

from a reactor consistent with safety requirements. Such facilities

shall be limited in number to the greatest extent feasible and

shall be carefully sited and managed so as to minimize the

proliferation and environmental risks associated with such

facilities. In addition, there shall be conditions to limit the

access of non-nuclear-weapon states other than the host country to

sensitive nuclear technology associated with such facilities.

(2) Any facilities within the territory of any nation or group of

nations, under its jurisdiction, or under its control anywhere for

the necessary short-term storage of fuel elements containing

plutonium, uranium 233, or uranium enriched to greater than 20

percent in the isotope 235 prior to placement in a reactor or of

irradiated fuel elements prior to transfer as required in

subparagraph (1) shall be placed under effective international

auspices and inspection.

(c) Establishment of physical security measures

Adequate physical security measures will be established and

maintained with respect to all nuclear activities within the

territory of each nation and group of nations, under its

jurisdiction, or under its control anywhere, and with respect to

any international shipment of significant quantities of source or

special nuclear material or irradiated source or special nuclear

material, which shall also be conducted under international

safeguards.

(d) United States military activities

Nothing in this section shall be interpreted to require

international control or supervision of any United States military

activities.

-SOURCE-

(Pub. L. 95-242, title IV, Sec. 403, Mar. 10, 1978, 92 Stat. 146.)

-COD-

CODIFICATION

Section was enacted as part of the Nuclear Non-Proliferation Act

of 1978, and not as part of the Atomic Energy Act of 1954 which

comprises this chapter.

-MISC1-

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.

-TRANS-

DELEGATION OF FUNCTIONS

Secretary of State responsible for performing functions vested in

President under this section, see section 2(a) of Ex. Ord. No.

12058, May 11, 1978, 43 F.R. 20947, set out under section 3201 of

Title 22, Foreign Relations and Intercourse.

-MISC2-

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, Foreign

Relations and Intercourse.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2153c, 2155 of this

title; title 22 sections 3223, 3281.

-End-

-CITE-

42 USC Sec. 2153c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER X - INTERNATIONAL ACTIVITIES

-HEAD-

Sec. 2153c. Renegotiation of agreements for cooperation

-STATUTE-

(a) Application to existing agreements of undertakings required of

new agreements after March 10, 1978

The President shall initiate a program immediately to renegotiate

agreements for cooperation in effect on March 10, 1978, or

otherwise to obtain the agreement of parties to such agreements for

cooperation to the undertakings that would be required for new

agreements under this chapter. To the extent that an agreement for

cooperation in effect on March 10, 1978, with a cooperating party

contains provisions equivalent to any or all of the criteria set

forth in section 2156 of this title with respect to materials and

equipment transferred pursuant thereto or with respect to any

special nuclear material used in or produced through the use of any

such material or equipment, any renegotiated agreement with that

cooperating party shall continue to contain an equivalent provision

with respect to such transferred materials and equipment and such

special nuclear material. To the extent that an agreement for

cooperation in effect on March 10, 1978, with a cooperating party

does not contain provisions with respect to any nuclear materials

and equipment which have previously been transferred under an

agreement for cooperation with the United States and which are

under the jurisdiction or control of the cooperating party and with

respect to any special nuclear material which is used in or

produced through the use thereof and which is under the

jurisdiction or control of the cooperating party, which are

equivalent to any or all of those required for new and amended

agreements for cooperation under section 2153(a) of this title, the

President shall vigorously seek to obtain the application of such

provisions with respect to such nuclear materials and equipment and

such special nuclear material. Nothing in this Act or in this

chapter shall be deemed to relinquish any rights which the United

States may have under any agreement for cooperation in force on

March 10, 1978.

(b) Presidential review of export agreement conditions and policy

goals

The President shall annually review each of requirements (1)

through (9) set forth for inclusion in agreements for cooperation

under section 2153(a) of this title and the export policy goals set

forth in section 2153b of this title to determine whether it is in

the interest of United States non-proliferation objectives for any

such requirements or export policies which are not already being

applied as export criteria to be enacted as additional export

criteria.

(c) Presidential proposals for additional export criteria

If the President proposes enactment of any such requirements or

export policies as additional export criteria or to take any other

action with respect to such requirements or export policy goals for

the purpose of encouraging adherence by nations and groups of

nations to such requirements and policies, he shall submit such a

proposal together with an explanation thereof to the Congress.

(d) Congressional action

If the Committee on Foreign Relations of the Senate or the

Committee on Foreign Affairs of the House of Representatives, after

reviewing the President's annual report or any proposed

legislation, determines that it is in the interest of United States

non-proliferation objectives to take any action with respect to

such requirements or export policy goals, it shall report a joint

resolution to implement such determination. Any joint resolution so

reported shall be considered in the Senate and the House of

Representatives, respectively, under applicable procedures provided

for the consideration of resolutions pursuant to section 2159(b)

through (g) of this title.

-SOURCE-

(Pub. L. 95-242, title IV, Sec. 404, Mar. 10, 1978, 92 Stat. 147;

Pub. L. 103-437, Sec. 15(g), Nov. 2, 1994, 108 Stat. 4593.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (a), 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 (Sec. 3201

et seq.) of Title 22, Foreign Relations and Intercourse. For

complete classification of this Act to the Code, see Short Title

note set out under section 3201 of Title 22 and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Nuclear Non-Proliferation Act

of 1978, and not as part of the Atomic Energy Act of 1954 which

comprises this chapter.

Section 2153b of this title, referred to in subsec. (b), was in

the original "section 401", meaning section 401 of Pub. L. 95-242,

which amended section 2153 of this title. Section 401 has been

translated as section 2153b of this title, which was enacted by

section 403 of Pub. L. 95-242, to reflect the probable intent of

Congress in view of the reference to the export policy goals which

are set forth in section 2153b of this title.

-MISC1-

AMENDMENTS

1994 - Subsec. (d). Pub. L. 103-437 substituted "Foreign Affairs"

for "International Relations".

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-MISC2-

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.

-TRANS-

DELEGATION OF FUNCTIONS

Secretary of State responsible for performing functions vested in

President under this section, see section 2(a) of Ex. Ord. No.

12058, May 11, 1978, 43 F.R. 20947, set out under section 3201 of

Title 22, Foreign Relations and Intercourse.

-MISC3-

SUPPLY OF ADDITIONAL LOW-ENRICHED URANIUM UNDER INTERNATIONAL

AGREEMENTS FOR COOPERATION IN CIVIL USES OF NUCLEAR ENERGY

Pub. L. 96-280, June 18, 1980, 94 Stat. 550, provided that:

"Section 1. Limits contained in agreements for cooperation on the

amount of low-enriched uranium which may be transferred by or

exported from the United States pursuant thereto shall not be

construed to preclude transfer or export of amounts of low-enriched

uranium in excess of such limits to nations which are parties to

the Treaty on the Non-Proliferation of Nuclear Weapons.

"Sec. 2. (a) The terms used in this joint resolution shall have

the meanings ascribed to them by the Atomic Energy Act of 1954

[this chapter] and by the Nuclear Non-Proliferation Act of 1978 [22

U.S.C. 3201 et seq.].

"(b) The term 'low-enriched uranium' means uranium enriched to

less than 20 per centum in the isotope 235."

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, Foreign

Relations and Intercourse.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2155 of this title; title

22 section 3281.

-End-

-CITE-

42 USC Sec. 2153d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER X - INTERNATIONAL ACTIVITIES

-HEAD-

Sec. 2153d. Authority to continue agreements for cooperation

entered into prior to March 10, 1978

-STATUTE-

(a) The amendments to section 2153 of this title made by this Act

shall not affect the authority to continue cooperation pursuant to

agreements for cooperation entered into prior to March 10, 1978.

(b) Nothing in this Act shall affect the authority to include

dispute settlement provisions, including arbitration, in any

agreement made pursuant to an Agreement for Cooperation.

-SOURCE-

(Pub. L. 95-242, title IV, Sec. 405, Mar. 10, 1978, 92 Stat. 148.)

-REFTEXT-

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 (Sec. 3201

et seq.) of Title 22, Foreign Relations and Intercourse. For

complete classification of this Act to the Code, see Short Title

note set out under section 3201 of Title 22 and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Nuclear Non-Proliferation Act

of 1978, and not as part of the Atomic Energy Act of 1954 which

comprises this chapter.

-MISC1-

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.

-End-

-CITE-

42 USC Sec. 2153e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER X - INTERNATIONAL ACTIVITIES

-HEAD-

Sec. 2153e. Protection of environment

-STATUTE-

The President shall endeavor to provide in any agreement entered

into pursuant to section 2153 of this title for cooperation between

the parties in protecting the international environment from

radioactive, chemical or thermal contamination arising from

peaceful nuclear activities.

-SOURCE-

(Pub. L. 95-242, title IV, Sec. 407, Mar. 10, 1978, 92 Stat. 148.)

-COD-

CODIFICATION

Section was enacted as part of the Nuclear Non-Proliferation Act

of 1978, and not as part of the Atomic Energy Act of 1954 which

comprises this chapter.

-MISC1-

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.

-TRANS-

DELEGATION OF FUNCTIONS

Secretary of State responsible for performing functions vested in

President under this section, see section 2(a) of Ex. Ord. No.

12058, May 11, 1978, 43 F.R. 20947, set out under section 3201 of

Title 22, Foreign Relations and Intercourse.

-MISC2-

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, Foreign

Relations and Intercourse.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2153e-1 of this title.

-End-

-CITE-

42 USC Sec. 2153e-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER X - INTERNATIONAL ACTIVITIES

-HEAD-

Sec. 2153e-1. Effectiveness of rule, regulation, or procedure with

regard to exports subject to Nuclear Non-Proliferation Act of

1978

-STATUTE-

No environmental rule, regulation, or procedure shall become

effective with regard to exports subject to the provisions of 22

U.S.C. 3201 et seq., the Nuclear Non-Proliferation Act of 1978,

until such time as the President has reported to Congress on the

progress achieved pursuant to section 407 of the Act (42 U.S.C.

2153e) entitled "Protection of the Environment" which requires the

President to seek to provide, in agreements required under the Act,

for cooperation between the parties in protecting the environment

from radioactive, chemical or thermal contaminations arising from

peaceful nuclear activities.

-SOURCE-

(Pub. L. 95-630, title XIX, Sec. 1913, Nov. 10, 1978, 92 Stat.

3727.)

-REFTEXT-

REFERENCES IN TEXT

The Nuclear Non-Proliferation Act of 1978, referred to in text,

is Pub. L. 95-242, Mar. 10, 1978, 92 Stat. 120, which is classified

principally to chapter 47 (Sec. 3201 et seq.) of Title 22, Foreign

Relations and Intercourse. For complete classification of this Act

to the Code, see Short Title note set out under section 3201 of

Title 22 and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Export-Import Bank Act

Amendments of 1978, and not as part of the Atomic Energy Act of

1954 which comprises this chapter.

-MISC1-

EFFECTIVE DATE

Section effective Nov. 10, 1978, see section 1917 of Pub. L.

95-630, set out as an Effective Date of 1978 Amendment note under

section 635 of Title 12, Banks and Banking.

-End-

-CITE-

42 USC Sec. 2153f 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER X - INTERNATIONAL ACTIVITIES

-HEAD-

Sec. 2153f. Savings clause; Nuclear Non-Proliferation Act of 1978

-STATUTE-

(a) All orders, determinations, rules, regulations, permits,

contracts, agreements, certificates, licenses, and privileges -

(1) which have been issued, made, granted, or allowed to become

effective in the exercise of functions which are the subject of

this Act, by (i) any agency or officer, or part thereof, in

exercising the functions which are affected by this Act, or (ii)

any court of competent jurisdiction, and

(2) which are in effect at the time this Act takes effect,

shall continue in effect according to their terms until modified,

terminated, superseded, set aside, or repealed as the case may be,

by the parties thereto or by any court of competent jurisdiction.

(b) Nothing in this Act shall affect the procedures or

requirements applicable to agreements for cooperation entered into

pursuant to sections 2121(c), 2164(b), or 2164(c) of this title or

arrangements pursuant thereto as it was in effect immediately prior

to March 10, 1978.

-SOURCE-

(Pub. L. 95-242, title VI, Sec. 603(a), (b), Mar. 10, 1978, 92

Stat. 152.)

-REFTEXT-

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 (Sec. 3201

et seq.) of Title 22, Foreign Relations and Intercourse. For

complete classification of this Act to the Code, see Short Title

note set out under section 3201 of Title 22 and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Nuclear Non-Proliferation Act

of 1978, and not as part of the Atomic Energy Act of 1954 which

comprises this chapter.

-MISC1-

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.

PERFORMANCE OF FUNCTIONS PENDING DEVELOPMENT OF PROCEDURES

The performance of functions 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, Foreign

Relations and Intercourse.

-End-

-CITE-

42 USC Sec. 2154 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER X - INTERNATIONAL ACTIVITIES

-HEAD-

Sec. 2154. International atomic pool

-STATUTE-

The President is authorized to enter into an international

arrangement with a group of nations 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 undertaken

pursuant to an agreement for cooperation entered into in accordance

with section 2153 of this title.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 124, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 940; amended Pub. L. 93-377, Sec. 5,

Aug. 17, 1974, 88 Stat. 475; renumbered title I, Pub. L. 102-486,

title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-

AMENDMENTS

1974 - Pub. L. 93-377 substituted reference to section 2074(a) of

this title for reference to section 2074 of this title.

-TRANS-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2074, 2155 of this title.

-End-

-CITE-

42 USC Sec. 2155 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER X - INTERNATIONAL ACTIVITIES

-HEAD-

Sec. 2155. Export licensing procedures

-STATUTE-

(a) Executive branch judgment on export applications; criteria

governing United States nuclear exports

No license may be issued by the Nuclear Regulatory Commission

(the "Commission") for the export of any production or utilization

facility, or any source material or special nuclear material,

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 common 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 significance for nuclear

explosive purposes. The Secretary of State shall, within ninety

days after March 10, 1978, establish orderly and expeditious

procedures, including provision for necessary administrative

actions and inter-agency memoranda of understanding, which are

mutually agreeable to the Secretaries of Energy, Defense, and

Commerce, and the Nuclear Regulatory Commission, for the

preparation of the executive branch judgment on export

applications 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

identified officials responsible for meeting such deadlines), an

inter-agency coordinating authority to monitor the processing of

such applications, 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

extent practicable, an applicant should be advised of all the

information required of the applicant for the entire process for

every agency's needs at the beginning of the process. Potentially

controversial applications should be identified as quickly as

possible so that any required policy decisions or diplomatic

consultations con (!1) be initiated in a timely manner. An

immediate effort should be undertaken 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

application proposed and filed as of March 10, 1978, shall not be

delayed pending the development and establishment of procedures

to implement the requirements of this section. The executive

branch judgment shall be completed in not more than sixty days

from receipt of the application or request, unless the Secretary

of State in his discretion specifically authorizes additional

time for consideration of the application or request because it

is in the national interest to allow such additional time. The

Secretary shall notify the Committee on Foreign Relations of the

Senate and the Committee on Foreign Affairs of the House of

Representatives of any such authorization. In submitting any such

judgment, the Secretary of State shall specifically address the

extent to which the export criteria then in effect are met and

the extent to which the cooperating party has adhered to the

provisions of the applicable agreement for cooperation. In the

event he considers it warranted, the Secretary may also address

the following additional factors, among others:

(A) whether issuing the license or granting the exemption

will materially advance the non-proliferation policy of the

United States by encouraging the recipient nation to adhere to

the Treaty, or to participate in the undertakings contemplated

by section 2153b or 2153c(a) of this title;

(B) whether failure to issue the license or grant the

exemption would otherwise be seriously prejudicial to the

non-proliferation objectives of the United States; and

(C) whether the recipient nation or group of nations has

agreed that conditions substantially identical to the export

criteria set forth in section 2156 of this title will be

applied by another nuclear supplier nation or group of nations

to the proposed United States export, and whether in the

Secretary's judgment those conditions will be implemented in a

manner acceptable to the United States.

The Secretary of State shall provide appropriate data and

recommendations, subject to requests for additional data and

recommendations, as required by the Commission or the Secretary

of Energy, as the case may be; and

(2) the Commission finds, based on a reasonable judgment of the

assurances provided and other information available to the

Federal Government, including the Commission, that the criteria

in section 2156 of this title or their equivalent, and any other

applicable statutory requirements, are met: Provided, That

continued cooperation under an agreement for cooperation as

authorized in accordance with section 2154 of this title shall

not be prevented by failure to meet the provisions of paragraph

(4) or (5) of section 2156 of this title for a period of thirty

days after March 10, 1978, and for a period of twenty-three

months thereafter if the Secretary of State notifies the

Commission that the nation or group of nations bound by the

relevant agreement has agreed to negotiations as called for in

section 2153c(a) of this title; however, nothing in this

subsection shall be deemed to relinquish any rights which the

United States may have under agreements for cooperation in force

on March 10, 1978: Provided further, That if, upon the expiration

of such twenty-four month period, the President determines that

failure to continue cooperation with any group of nations which

has been exempted pursuant to the above proviso from the

provisions of paragraph (4) or (5) of section 2156 of this title,

but which has not yet agreed to comply with those provisions

would be seriously prejudicial to the achievement of United

States non-proliferation objectives or otherwise jeopardize the

common defense and security, he may, after notifying the Congress

of his determination, extend by Executive order the duration of

the above proviso for a period of twelve months, and may further

extend the duration of such proviso by one year increments

annually thereafter if he again makes such determination and so

notifies the Congress. In the event that the Committee on Foreign

Affairs of the House of Representatives or the Committee on

Foreign Relations of the Senate reports a joint resolution to

take any action with respect to any such extension, such joint

resolution will be considered in the House or Senate, as the case

may be, under procedures identical to those provided for the

consideration of resolutions pursuant to section 2159 of this

title: And additionally provided, That the Commission is

authorized to (A) make a single finding under this subsection for

more than a single application or request, where the applications

or requests involve exports to the same country, in the same

general time frame, of similar significance for nuclear explosive

purposes and under reasonably similar circumstances and (B) make

a finding under this subsection that there is no material changed

circumstance associated with a new application or request from

those existing at the time of the last application or request for

an export to the same country, where the prior application or

request was approved by the Commission using all applicable

procedures of this section, and such finding of no material

changed circumstance shall be deemed to satisfy the requirement

of this paragraph for findings of the Commission. The decision

not to make any such finding in lieu of the findings which would

otherwise be required to be made under this paragraph shall not

be subject to judicial review: And provided further, That nothing

contained in this section is intended to require the Commission

independently to conduct or prohibit the Commission from

independently conducting country or site specific visitations in

the Commission's consideration of the application of IAEA

safeguards.

(b) Requests to be given timely consideration; Presidential review

if Commission is unable to make required statutory

determinations; Commission review

(1) Timely consideration shall be given by the Commission to

requests for export licenses and exemptions and such requests shall

be granted upon a determination that all applicable statutory

requirements have been met.

(2) If, after receiving the executive branch judgment that the

issuance of a proposed export license will not be inimical to the

common defense and security, the Commission does not issue the

proposed license on a timely basis because it is unable to make the

statutory determinations required under this chapter, the

Commission shall publicly issue its decision to that effect, and

shall submit the license application to the President. The

Commission's decision shall include an explanation of the basis for

the decision and any dissenting or separate views. If, after

receiving the proposed license application and reviewing the

Commission's decision, the President determines that withholding

the proposed export would be seriously prejudicial to the

achievement of United States non-proliferation objectives, or would

otherwise jeopardize the common defense and security, the proposed

export may be authorized by Executive order: Provided, That prior

to any such export, the President shall submit the Executive order,

together with his explanation of why, in light of the Commission's

decision, the export should nonetheless be made, to the Congress

for a period of sixty days of continuous session (as defined in

section 2159(g) of this title) and shall be referred to the

Committee on Foreign Affairs of the House of Representatives and

the Committee on Foreign Relations of the Senate, but any such

proposed export shall not occur if during such sixty-day period the

Congress adopts a concurrent resolution stating in substance that

it does not favor the proposed export. Any such Executive order

shall be considered pursuant to the procedures set forth in section

2159 of this title for the consideration of Presidential

submissions: And provided further, That the procedures established

pursuant to subsection (b) of section 2155a of this title shall

provide that the Commission shall immediately initiate review of

any application for a license under this section and to the maximum

extent feasible shall expeditiously process the application

concurrently with the executive branch review, while awaiting the

final executive branch judgment. In initiating its review, the

Commission may identify a set of concerns and requests for

information associated with the projected issuance of such license

and shall transmit such concerns and requests to the executive

branch which shall address such concerns and requests in its

written communications with the Commission. Such procedures shall

also provide that if the Commission has not completed action on the

application within sixty days after the receipt of an executive

branch judgment that the proposed export or exemption is not

inimical to the common 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

significance for nuclear explosive purposes, the Commission shall

inform the applicant in writing of the reason for delay and provide

follow-up reports as appropriate. If the Commission has not

completed action by the end of an additional sixty days (a total of

one hundred and twenty days from receipt of the executive branch

judgment), the President may authorize the proposed export by

Executive order, upon a finding that further delay would be

excessive and upon making the findings required for such

Presidential authorizations under this subsection, and subject to

the Congressional review procedures set forth herein. However, if

the Commission has commenced procedures for public participation

regarding the proposed export under regulations promulgated

pursuant to subsection (b) of section 2155a of this title, or -

within sixty days after receipt of the executive branch judgment on

the proposed export - the Commission has identified and transmitted

to the executive branch a set of additional concerns or requests

for information, the President may not authorize the proposed

export until sixty days after public proceedings are completed or

sixty days after a full executive branch response to the

Commission's additional concerns or requests has been made

consistent with subsection (a)(1) of this section: Provided

further, That nothing in this section shall affect the right of the

Commission to obtain data and recommendations from the Secretary of

State at any time as provided in subsection (a)(1) of this section.

(c) Additional export criteria

In the event that the House of Representatives or the Senate

passes a joint resolution which would adopt one or more additional

export criteria, or would modify any existing export criteria under

this chapter, any such joint resolution shall be referred in the

other House to the Committee on Foreign Relations of the Senate or

the Committee on Foreign Affairs of the House of Representatives,

as the case may be, and shall be considered by the other House

under applicable procedures provided for the consideration of

resolutions pursuant to section 2159 of this title.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 126, as added Pub. L. 95-242,

title III, Sec. 304(a), Mar. 10, 1978, 92 Stat. 131; renumbered

title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992,

106 Stat. 2944; amended Pub. L. 103-437, Sec. 15(f)(5), Nov. 2,

1994, 108 Stat. 4592; Pub. L. 105-277, div. G, title XII, Sec.

1225(d)(5), Oct. 21, 1998, 112 Stat. 2681-774.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a)(1). Pub. L. 105-277 substituted "and the

Nuclear Regulatory Commission," for "the Director of the Arms

Control and Disarmament Agency, and the Nuclear Regulatory

Commission".

1994 - Pub. L. 103-437 substituted "Foreign Affairs" for

"International Relations" wherever appearing.

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-MISC2-

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 reorganization 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.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain functions from Nuclear Regulatory

Commission to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45

F.R. 40561, 94 Stat. 3585, set out as a note under section 5841 of

this title.

DELEGATION OF FUNCTIONS

Secretary of State responsible for preparation of timely

information and recommendations related to the functions vested in

President by this section, see section 2(d) of Ex. Ord. No. 12058,

May 11, 1978, 43 F.R. 20947, set out under section 3201 of Title

22, Foreign Relations and Intercourse.

-MISC3-

NUCLEAR EXPORT REPORTING REQUIREMENT

Pub. L. 105-261, div. A, title XV, Sec. 1523, Oct. 17, 1998, 112

Stat. 2180, as amended by Pub. L. 106-113, div. B, Sec. 1000(a)(7)

[div. B, title XI, Sec. 1135], Nov. 29, 1999, 113 Stat. 1536,

1501A-494, provided that:

"(a) Notification of Congress. - The President shall notify the

Committee on Foreign Relations of the Senate and the Committee on

International Relations of the House of Representatives upon the

granting of a license by the Nuclear Regulatory Commission for the

export or reexport of any nuclear-related technology or equipment,

including source material, special nuclear material, or equipment

or material especially designed or prepared for the processing,

use, or production of special nuclear material.

"(b) Applicability. - The requirements of this section shall

apply only to an export or reexport to a country that -

"(1) the President has determined is a country that has

detonated a nuclear explosive device; and

"(2) is not a member of the North Atlantic Treaty Organization.

"(c) Content of Notification. - The notification required

pursuant to this section shall include -

"(1) a detailed description of the articles or services to be

exported or reexported, including a brief description of the

capabilities of any article to be exported or reexported;

"(2) an estimate of the number of officers and employees of the

United States Government and of United States Government civilian

contract personnel expected to be required in such country to

carry out the proposed export or reexport;

"(3) the name of each licensee expected to provide the article

or service proposed to be sold and a description from the

licensee of any offset agreements proposed to be entered into in

connection with such sale (if known on the date of transmittal of

such statement);

"(4) the projected delivery dates of the articles or services

to be exported or reexported; and

"(5) the extent to which the recipient country in the previous

two years has engaged in any of the actions specified in

subparagraph (A), (B), or (C) of section 129(2) of the Atomic

Energy Act of 1954 [42 U.S.C. 2158(2)(A), (B), (C)]."

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 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, Foreign Relations and Intercourse.

-EXEC-

EX. ORD. NO. 12055. EXPORT OF SPECIAL NUCLEAR MATERIAL TO INDIA

Ex. Ord. No. 12055, Apr. 27, 1978, 43 F.R. 18157, provided:

By virtue of the authority vested in me as President by the

Constitution of the United States of America and by Section 126b(2)

of the Atomic Energy Act of 1954 (42 U.S.C. 2155), as amended by

Section 304(a) of the Nuclear Non-Proliferation Act of 1978 (Public

Law 95-242, 92 Stat. 131) [subsec. (b)(2) of this section], and

having determined that withholding the export proposed pursuant to

Nuclear Regulatory Commission export license application XSNM-1060

would be seriously prejudicial to the achievement of the United

States non-proliferation objectives, that export to India is

authorized; however, such export shall not occur for a period of 60

days as defined by Section 130g of the Atomic Energy Act of 1954,

as amended [section 2159(g) of this title].

Jimmy Carter.

EXECUTIVE ORDER NO. 12193

Ex. Ord. No. 12193, Feb. 12, 1980, 45 F.R. 9885, which extended

the period of nuclear cooperation with the European Atomic Energy

Community to Mar. 10, 1981, was revoked by Ex. Ord. No. 12553, Feb.

25, 1986, 51 F.R. 7237. See notes below.

EX. ORD. NO. 12218. EXPORT OF SPECIAL NUCLEAR MATERIAL TO INDIA

Ex. Ord. No. 12218, June 19, 1980, 45 F.R. 41625, provided:

By the authority vested in me as President by the Constitution

and statutes of the United States of America, including Section

126b. (2) of the Atomic Energy Act of 1954, as amended (42 U.S.C.

2155(b)(2)), and having determined that withholding the exports

proposed pursuant to Nuclear Regulatory Commission export license

applications XSNM-1379, XSNM-1569, XCOM-0240, XCOM-0250, XCOM-0376,

XCOM-0381 and XCOM-0395, would be seriously prejudicial to the

achievement of United States non-proliferation objectives and would

otherwise jeopardize the common defense and security, those exports

to India are authorized; however, such exports shall not occur for

a period of 60 days as defined by Section 130 g. of the Atomic

Energy Act of 1954, as amended (42 U.S.C. 2159(g)).

Jimmy Carter.

EXECUTIVE ORDER NO. 12295

Ex. Ord. No. 12295, Feb. 24, 1981, 46 F.R. 14113, which extended

the period of nuclear cooperation with the European Atomic Energy

Community to Mar. 10, 1982, was revoked by Ex. Ord. No. 12608,

Sept. 9, 1987, 52 F.R. 34617. See notes below.

EXECUTIVE ORDER NO. 12351

Ex. Ord. No. 12351, Mar. 9, 1982, 47 F.R. 10505, which extended

the period of nuclear cooperation with the European Atomic Energy

Community to Mar. 10, 1983, was revoked by Ex. Ord. No. 12553, Feb.

25, 1986, 51 F.R. 7237. See notes below.

EXECUTIVE ORDER NO. 12409

Ex. Ord. No. 12409, Mar. 7, 1983, 48 F.R. 9829, which extended

the period of nuclear cooperation with the European Atomic Energy

Community to Mar. 10, 1984, was revoked by Ex. Ord. No. 12553, Feb.

25, 1986, 51 F.R. 7237. See notes below.

EXECUTIVE ORDER NO. 12463

Ex. Ord. No. 12463, Feb. 23, 1984, 49 F.R. 7097, which extended

the period of nuclear cooperation with the European Atomic Energy

Community to Mar. 10, 1985, was revoked by Ex. Ord. No. 12553, Feb.

25, 1986, 51 F.R. 7237. See notes below.

EXECUTIVE ORDER NO. 12506

Ex. Ord. No. 12506, Mar. 4, 1985, 50 F.R. 8991, extended the

period of nuclear cooperation with the European Atomic Energy

Community to Mar. 10, 1986. See notes below.

EXECUTIVE ORDER NO. 12554

Ex. Ord. No. 12554, Feb. 28, 1986, 51 F.R. 7423, extended the

period of nuclear cooperation with the European Atomic Energy

Community to Mar. 10, 1987. See notes below.

EXECUTIVE ORDER NO. 12587

Ex. Ord. No. 12587, Mar. 9, 1987, 52 F.R. 7397, which extended

the period of nuclear cooperation with the European Atomic Energy

Community to Mar. 10, 1988, was superseded by Ex. Ord. No. 12629,

Mar. 9, 1988, 53 F.R. 7875. See notes below.

EXECUTIVE ORDER NO. 12629

Ex. Ord. No. 12629, Mar. 9, 1988, 53 F.R. 7875, extended the

period of nuclear cooperation with the European Atomic Energy

Community to Mar. 10, 1989. See notes below.

EXECUTIVE ORDER NO. 12670

Ex. Ord. No. 12670, Mar. 9, 1989, 54 F.R. 10267, which extended

the period of nuclear cooperation with the European Atomic Energy

Community to Mar. 10, 1990, was superseded by Ex. Ord. No. 12706,

Mar. 9, 1990, 55 F.R. 9313. See notes below.

EXECUTIVE ORDER NO. 12706

Ex. Ord. No. 12706, Mar. 9, 1990, 55 F.R. 9313, which extended

the period of nuclear cooperation with the European Atomic Energy

Community to Mar. 10, 1991, was superseded by Ex. Ord. No. 12753,

Mar. 8, 1991, 56 F.R. 10501. See notes below.

EXECUTIVE ORDER NO. 12753

Ex. Ord. No. 12753, Mar. 8, 1991, 56 F.R. 10501, which extended

the period of nuclear cooperation with the European Atomic Energy

Community to Mar. 10, 1992, was superseded by Ex. Ord. No. 12791,

Mar. 9, 1992, 57 F.R. 8717. See notes below.

EXECUTIVE ORDER NO. 12791

Ex. Ord. No. 12791, Mar. 9, 1992, 57 F.R. 8717, which extended

the period of nuclear cooperation with the European Atomic Energy

Community to Mar. 10, 1993, was superseded by Ex. Ord. No. 12840,

Mar. 9, 1993, 58 F.R. 13401. See notes below.

EXECUTIVE ORDER NO. 12840

Ex. Ord. No. 12840, Mar. 9, 1993, 58 F.R. 13401, which extended

the period of nuclear cooperation with the European Atomic Energy

Community to Mar. 10, 1994, was superseded by Ex. Ord. No. 12903,

Mar. 9, 1994, 59 F.R. 11473. See notes below.

EXECUTIVE ORDER NO. 12903

Ex. Ord. No. 12903, Mar. 9, 1994, 59 F.R. 11473, which extended

the period of nuclear cooperation with the European Atomic Energy

Community to Mar. 10, 1995, was superseded by Ex. Ord. No. 12955,

Mar. 9, 1995, 60 F.R. 13365. See note below.

EX. ORD. NO. 12955. NUCLEAR COOPERATION WITH EUROPEAN ATOMIC ENERGY

COMMUNITY

Ex. Ord. No. 12955, Mar. 9, 1995, 60 F.R. 13365, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including section

126a(2) of the Atomic Energy Act of 1954, as amended (42 U.S.C.

2155(a)(2)), and having determined that, upon the expiration of the

period specified in the first proviso to section 126a(2) of such

Act and extended for 12-month periods by Executive Order Nos.

12193, 12295, 12351, 12409, 12463, 12506, 12554, 12587, 12629,

12670, 12706, 12753, 12791, 12840, and 12903 [see notes above],

failure to continue peaceful nuclear cooperation with the European

Atomic Energy Community would be seriously prejudicial to the

achievement of United States nonproliferation objectives and would

otherwise jeopardize the common defense and security of the United

States, and having notified the Congress of this determination, I

hereby extend the duration of that period to December 31, 1995.

Executive Order No. 12903 shall be superseded on the effective date

of this Executive order.

William J. Clinton.

-TRANS-

DELEGATION OF FUNCTIONS REGARDING DETERMINATION OF TIME, TERMS AND

CONDITIONS OF NUCLEAR EXPORTS

Memorandum of the President of the United States, dated Oct. 3,

1980, provided:

By the authority vested in me by Title 3, United States Code,

Section 301, you are hereby authorized to perform the following

functions on my behalf:

1. Determination of the time, terms and conditions of exports

made pursuant to any Executive Order heretofore or hereafter issued

under Section 126(b)(2) of the Atomic Energy Act of 1954, as

amended (42 U.S.C. Sec. 2155(b)(2)).

2. Issuance of such rules, regulations and procedures as you may

from time to time deem necessary or desirable for the exercise of

functions delegated by paragraph 1.

This memorandum shall be published in the Federal Register.

Jimmy Carter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2077, 2139, 2153, 2157,

2159, 2160 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "can".

-End-

-CITE-

42 USC Sec. 2155a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER X - INTERNATIONAL ACTIVITIES

-HEAD-

Sec. 2155a. Regulations establishing Commission procedures covering

grant, suspension, revocation, or amendment of nuclear export

licenses or exemptions

-STATUTE-

(a) Omitted

(b) Within one hundred and twenty days of March 10, 1978, the

Commission shall, after consultations with the Secretary of State,

promulgate regulations establishing procedures (1) for the

granting, suspending, revoking, or amending of any nuclear export

license or exemption pursuant to its statutory authority; (2) for

public participation in nuclear export licensing proceedings when

the Commission finds that such participation will be in the public

interest and will assist the Commission in making the statutory

determinations required by this chapter, including such public

hearings and access to information 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 capricious; (3) for a public written Commission

opinion accompanied by the dissenting or separate views of any

Commissioner, in those proceedings where one or more Commissioners

have dissenting or separate views on the issuance of an export

license; and (4) for public notice of Commission proceedings and

decisions, and for recording of minutes and votes of the

Commission: Provided further, That until the regulations required

by this subsection have been promulgated, the Commission shall

implement the provisions of this Act under temporary procedures

established by the Commission.

(c) The procedures to be established pursuant to subsection (b)

of this section shall constitute the exclusive basis for hearings

in nuclear export licensing proceedings before the Commission and,

notwithstanding section 2239(a) of this title, shall not require

the Commission to grant any person an on-the-record hearing in such

a proceeding.

-SOURCE-

(Pub. L. 95-242, title III, Sec. 304(b), (c), Mar. 10, 1978, 92

Stat. 135.)

-REFTEXT-

REFERENCES IN TEXT

Commission, referred to in text, is defined as meaning 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.

This Act, referred to in subsec. (b), 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 (Sec. 3201

et seq.) of Title 22. For complete classification of this Act to

the Code, see Short Title note set out under section 3201 of Title

22 and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Nuclear Non-Proliferation Act

of 1978, and not as part of the Atomic Energy 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 sections 2155 and

2156a, respectively, of this title.

-MISC1-

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.

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, Foreign

Relations and Intercourse.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2155 of this title.

-End-

-CITE-

42 USC Sec. 2156 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER X - INTERNATIONAL ACTIVITIES

-HEAD-

Sec. 2156. Criteria governing United States nuclear exports

-STATUTE-

The United States adopts the following criteria 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 utilization facilities, and

any sensitive nuclear technology:

(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 applicable agreement for

cooperation, and to any special 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 applicable 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 explosive 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 produced 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

retransferred to the jurisdiction of any other nation or group of

nations unless the prior approval of the United States is

obtained for such retransfer. In addition to other requirements

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 conditions 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 reprocessed, and no irradiated fuel elements containing 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 conditions 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

technology.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 127, as added Pub. L. 95-242,

title III, Sec. 305, Mar. 10, 1978, 92 Stat. 136; renumbered title

I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106

Stat. 2944.)

-MISC1-

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.

-TRANS-

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.

-MISC2-

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 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, Foreign Relations and Intercourse.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2141, 2153c, 2155, 2156a

of this title.

-End-

-CITE-

42 USC Sec. 2156a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER X - INTERNATIONAL ACTIVITIES

-HEAD-

Sec. 2156a. Regulations establishing levels of physical security to

protect facilities and material

-STATUTE-

Within sixty days of March 10, 1978, the Commission shall, in

consultation with the Secretary of State, the Secretary of Energy,

and the Secretary of Defense, promulgate (and may from time to time

amend) regulations establishing the levels of physical security

which in its judgement are no less strict than those established 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 paragraph (3) of section

2156 of this title taking into consideration variations in risks to

security as appropriate.

-SOURCE-

(Pub. L. 95-242, title III, Sec. 304(d), Mar. 10, 1978, 92 Stat.

135; Pub. L. 105-277, div. G, title XII, Sec. 1225(e)(3), Oct. 21,

1998, 112 Stat. 2681-775.)

-REFTEXT-

REFERENCES IN TEXT

Commission, referred to in text, is defined as meaning 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.

-COD-

CODIFICATION

Section was enacted as part of the Nuclear Non-Proliferation Act

of 1978, and not as part of the Atomic Energy Act of 1954 which

comprises this chapter.

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-277 substituted "and the Secretary of

Defense," for "the Secretary of Defense, and the Director,".

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 reorganization 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.

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, Foreign

Relations and Intercourse.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2156 of this title.

-End-

-CITE-

42 USC Sec. 2157 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER X - INTERNATIONAL ACTIVITIES

-HEAD-

Sec. 2157. Additional export criterion and procedures

-STATUTE-

(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-nuclear-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 export.

(2) The President shall seek to achieve adherence to the

foregoing criterion by recipient non-nuclear-weapon states.

(b) The criterion set forth in subsection (a) of this section

shall be applied as an export criterion with respect to any

application for the export of materials, facilities, or technology

specified in subsection (a) of this section 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 applies

because such criterion has not yet been met would be seriously

prejudicial to the achievement of United States non-proliferation

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 utilization facility or of any source

or special nuclear 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 authorization with respect to

such state is submitted to the Congress (together with a detailed

assessment of the reasons underlying the President's

determination, the judgment of the executive 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 Foreign 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 substance that the

Congress does not favor the proposed export. Any such license or

authorization shall be considered pursuant to the procedures set

forth in section 2159 of this title for the consideration of

Presidential submissions.

(2) If the Congress adopts a resolution of disapproval pursuant

to paragraph (1), no further export of materials, facilities, or

technology specified in subsection (a) of this section shall be

permitted for the remainder of that Congress, unless such state

meets the criterion or the President notifies the Congress that

he has determined 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 Congress, 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 resolution of disapproval

with respect to a license or authorization submitted pursuant to

paragraph (1), the criterion set forth in subsection (a) of this

section shall not be applied as an export criterion with respect

to exports of materials, facilities and technology specified in

subsection (a) of this section to that state: Provided, That the

first license or authorization with respect to that state which

is issued pursuant to this paragraph after twelve months from the

elapse of the sixty-day period specified in paragraph (1), and

the first such license or authorization which is issued after

each twelve-month period thereafter, shall be submitted to the

Congress for review pursuant to the procedures specified in

paragraph (1): Provided further, That if the Congress adopts a

resolution of disapproval during any review period provided for

by this paragraph, the provisions of paragraph (2) shall apply

with respect to further exports to such state.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 128, as added Pub. L. 95-242,

title III, Sec. 306, Mar. 10, 1978, 92 Stat. 137; renumbered title

I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106

Stat. 2944; amended Pub. L. 103-437, Sec. 15(f)(5), Nov. 2, 1994,

108 Stat. 4592.)

-MISC1-

AMENDMENTS

1994 - Subsec. (b)(1). Pub. L. 103-437 substituted "Foreign

Affairs" for "International Relations".

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-MISC2-

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.

-TRANS-

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.

DELEGATION OF FUNCTIONS

Secretary of State responsible for performing function vested in

President under subsec. (a)(2) of this section and responsible for

preparation of timely information and recommendations related to

functions vested in President under subsec. (b) of this section,

see section 2(b), (d) of Ex. Ord. No. 12058, May 11, 1978, 43 F.R.

20947, set out under section 3201 of Title 22, Foreign Relations

and Intercourse.

-MISC3-

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 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, Foreign Relations and Intercourse.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2141, 2153, 2159 of this

title.

-End-

-CITE-

42 USC Sec. 2158 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER X - INTERNATIONAL ACTIVITIES

-HEAD-

Sec. 2158. Conduct resulting in termination of nuclear exports

-STATUTE-

No nuclear materials and equipment or sensitive nuclear

technology shall be exported to -

(1) any non-nuclear-weapon state that is found by the President

to have, at any time after March 10, 1978,

(A) detonated a nuclear explosive device; or

(B) terminated or abrogated IAEA safeguards; or

(C) materially violated an IAEA safeguards agreement; or

(D) engaged in activities involving source or special nuclear

material and having direct significance for the manufacture or

acquisition of nuclear explosive devices, and has failed to

take steps which, in the President's judgment, represent

sufficient progress toward terminating such activities; or

(2) any nation or group of nations that is found by the

President to have, at any time after March 10, 1978,

(A) materially violated an agreement for cooperation with the

United States, or, with respect to material or equipment not

supplied under an agreement for cooperation, materially

violated the terms under which such material or equipment was

supplied or the terms of any commitments obtained with respect

thereto pursuant to section 2153a(a) of this title; or

(B) assisted, encouraged, or induced any non-nuclear-weapon

state to engage in activities involving source or special

nuclear material and having direct significance for the

manufacture or acquisition of nuclear explosive devices, and

has failed to take steps which, in the President's judgment,

represent sufficient progress toward terminating such

assistance, encouragement, or inducement; or

(C) entered into an agreement after March 10, 1978, for the

transfer of reprocessing equipment, materials, or technology to

the sovereign control of a non-nuclear-weapon state except in

connection with an international fuel cycle evaluation in which

the United States is a participant or pursuant to a subsequent

international agreement or understanding to which the United

States subscribes;

unless the President determines that cessation of such exports

would be seriously prejudicial to the achievement of United States

non-proliferation objectives or otherwise jeopardize the common

defense and security: Provided, That prior to the effective date of

any such determination, the President's determination, together

with a report containing the reasons for his determination, shall

be submitted to the Congress and referred to the Committee on

Foreign Affairs of the House of Representatives and the Committee

on Foreign Relations of the Senate for a period of sixty days of

continuous session (as defined in section 2159(g) of this title),

but any such determination shall not become effective if during

such sixty-day period the Congress adopts a concurrent resolution

stating in substance that it does not favor the determination. Any

such determination shall be considered pursuant to the procedures

set forth in section 2159 of this title for the consideration of

Presidential submissions.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 129, as added Pub. L. 95-242,

title III, Sec. 307, Mar. 10, 1978, 92 Stat. 138; renumbered title

I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106

Stat. 2944; amended Pub. L. 103-437, Sec. 15(f)(5), Nov. 2, 1994,

108 Stat. 4592.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-437 substituted "Foreign Affairs" for

"International Relations" in closing provisions.

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-MISC2-

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.

-TRANS-

DELEGATION OF FUNCTIONS

Secretary of State responsible for preparation of timely

information and recommendations related to functions vested in

President by this section, see section 2(d) of Ex. Ord. No. 12058,

May 11, 1978, 43 F.R. 20947, set out under section 3201 of Title

22, Foreign Relations and Intercourse.

-MISC3-

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 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, Foreign Relations and Intercourse.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2159 of this title.

-End-

-CITE-

42 USC Sec. 2159 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER X - INTERNATIONAL ACTIVITIES

-HEAD-

Sec. 2159. Congressional review procedures

-STATUTE-

(a) Committee consideration of Presidential submissions; reports

Not later than forty-five days of continuous session of Congress

after the date of transmittal to the Congress of any submission of

the President required by section 2155(a)(2), 2155(b)(2), 2157(b),

2158, 2160(a)(3), or 2160(f)(1)(A) of this title, the Committee on

Foreign Relations of the Senate and the Committee on Foreign

Affairs of the House of Representatives shall each submit a report

to its respective House on its views and recommendations respecting

such Presidential submission together with a resolution, as defined

in subsection (f) of this section, stating in substance that the

Congress approves or disapproves such submission, as the case may

be: Provided, That if any such committee has not reported such a

resolution at the end of such forty-five day period, such committee

shall be deemed to be discharged from further consideration of such

submission. If no such resolution has been reported at the end of

such period, the first resolution, as defined in subsection (f) of

this section, which is introduced within five days thereafter

within such House shall be placed on the appropriate calendar of

such House.

(b) Consideration of resolution by respective Houses of Congress

When the relevant committee or committees have reported such a

resolution (or have been discharged from further consideration of

such a resolution pursuant to subsection (a) of this section) or

when a resolution has been introduced and placed on the appropriate

calendar pursuant to subsection (a) of this section, as the case

may be, it is at any time thereafter in order (even though a

previous motion to the same effect has been disagreed to) for any

Member of the respective House to move to proceed to the

consideration of the resolution. The motion is highly privileged

and is not debatable. The motion shall not be subject to amendment,

or to a motion to postpone, or to a motion to proceed to the

consideration of other business. A motion to reconsider the vote by

which the motion is agreed to or disagreed to shall not be in

order. If a motion to proceed to the consideration of the

resolution is agreed to, the resolution shall remain the unfinished

business of the respective House until disposed of.

(c) Debate

Debate on the resolution, and on all debatable motions and

appeals in connection therewith, shall be limited to not more than

ten hours, which shall be divided equally between individuals

favoring and individuals opposing the resolution. A motion further

to limit debate is in order and not debatable. An amendment to a

motion to postpone, or a motion to recommit the resolution, or a

motion to proceed to the consideration of other business is not in

order. A motion to reconsider the vote by which the resolution is

agreed to or disagreed to shall not be in order. No amendment to

any concurrent resolution pursuant to the procedures of this

section is in order except as provided in subsection (d) of this

section.

(d) Vote on final approval

Immediately following (1) the conclusion of the debate on such

concurrent resolution, (2) a single quorum call at the conclusion

of debate if requested in accordance with the rules of the

appropriate House, and (3) the consideration of an amendment

introduced by the Majority Leader or his designee to insert the

phrase, "does not" in lieu of the word "does" if the resolution

under consideration is a concurrent resolution of approval, the

vote on final approval of the resolution shall occur.

(e) Appeals from decisions of Chair

Appeals from the decisions of the Chair relating to the

application of the rules of the Senate or the House of

Representatives, as the case may be, to the procedure relating to

such a resolution shall be decided without debate.

(f) Resolution

For the purposes of subsections (a) through (e) of this section,

the term "resolution" means a concurrent resolution of the

Congress, the matter after the resolving clause of which is as

follows: "That the Congress (does or does not) favor the

transmitted to the Congress by the President on , .", the

blank spaces therein to be appropriately filled, and the

affirmative or negative phrase within the parenthetical to be

appropriately selected.

(g) Continuity of Congressional sessions; computation of time

(1) Except as provided in paragraph (2), for the purposes of this

section -

(A) continuity of session is broken only by an adjournment of

Congress sine die; and

(B) the days on which either House is not in session because of

an adjournment of more than three days to a day certain are

excluded in the computation of any period of time in which

Congress is in continuous session.

(2) For purposes of this section insofar as it applies to section

2153 of this title -

(A) continuity of session is broken only by an adjournment of

Congress sine die at the end of a Congress; and

(B) the days on which either House is not in session because of

an adjournment of more than three days are excluded in the

computation of any period of time in which Congress is in

continuous session.

(h) Supersedure or change in rules

This section is enacted by Congress -

(1) as an exercise of the rulemaking power of the Senate and

the House of Representatives, respectively, and as such they are

deemed a part of the rules of each House, respectively, but

applicable only with respect to the procedure to be followed in

that House in the case of resolutions described by subsection (f)

of this section; and they supersede other rules only to the

extent that they are inconsistent therewith; and

(2) with full recognition of the constitutional right of either

House to change the rules (so far as relating to the procedure of

that House) at any time, in the same manner and to the same

extent as in the case of any other rule of that House.

(i) Joint resolutions

(1) For the purposes of this subsection, the term "joint

resolution" means a joint resolution, the matter after the

resolving clause of which is as follows: "That the Congress (does

or does not) favor the proposed agreement for cooperation

transmitted to the Congress by the President on .", with the

date of the transmission of the proposed agreement for cooperation

inserted in the blank, and the affirmative or negative phrase

within the parenthetical appropriately selected.

(2) On the day on which a proposed agreement for cooperation is

submitted to the House of Representatives and the Senate under

section 2153(d) of this title, a joint resolution with respect to

such agreement for cooperation shall be introduced (by request) in

the House by the chairman of the Committee on Foreign Affairs, for

himself and the ranking minority member of the Committee, or by

Members of the House designated by the chairman and ranking

minority member; and shall be introduced (by request) in the Senate

by the majority leader of the Senate, for himself and the minority

leader of the Senate, or by Members of the Senate designated by the

majority leader and minority leader of the Senate. If either House

is not in session on the day on which such an agreement for

cooperation is submitted, the joint resolution shall be introduced

in that House, as provided in the preceding sentence, on the first

day thereafter on which that House is in session.

(3) All joint resolutions introduced in the House of

Representatives shall be referred to the appropriate committee or

committees, and all joint resolutions introduced in the Senate

shall be referred to the Committee on Foreign Relations and in

addition, in the case of a proposed agreement for cooperation

arranged pursuant to section 2121(c), 2164(b), or 2164(c) of this

title, the Committee on Armed Services.

(4) If the committee of either House to which a joint resolution

has been referred has not reported it at the end of 45 days after

its introduction, the committee shall be discharged from further

consideration of the joint resolution or of any other joint

resolution introduced with respect to the same matter; except that,

in the case of a joint resolution which has been referred to more

than one committee, if before the end of that 45-day period one

such committee has reported the joint resolution, any other

committee to which the joint resolution was referred shall be

discharged from further consideration of the joint resolution or of

any other joint resolution introduced with respect to the same

matter.

(5) A joint resolution under this subsection shall be considered

in the Senate in accordance with the provisions of section

601(b)(4) of the International Security Assistance and Arms Export

Control Act of 1976. For the purpose of expediting the

consideration and passage of joint resolutions reported or

discharged pursuant to the provisions of this subsection, it shall

be in order for the Committee on Rules of the House of

Representatives to present for consideration a resolution of the

House of Representatives providing procedures for the immediate

consideration of a joint resolution under this subsection which may

be similar, if applicable, to the procedures set forth in section

601(b)(4) of the International Security Assistance and Arms Export

Control Act of 1976.

(6) In the case of a joint resolution described in paragraph (1),

if prior to the passage by one House of a joint resolution of that

House, that House receives a joint resolution with respect to the

same matter from the other House, then -

(A) the procedure in that House shall be the same as if no

joint resolution had been received from the other House; but

(B) the vote on final passage shall be on the joint resolution

of the other House.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 130, as added Pub. L. 95-242,

title III, Sec. 308, Mar. 10, 1978, 92 Stat. 139; amended Pub. L.

99-64, title III, Sec. 301(c), July 12, 1985, 99 Stat. 160;

renumbered title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct.

24, 1992, 106 Stat. 2944; Pub. L. 103-437, Sec. 15(f)(5), Nov. 2,

1994, 108 Stat. 4592.)

-REFTEXT-

REFERENCES IN TEXT

Section 601(b)(4) of the International Security Assistance and

Arms Export Control Act of 1976, referred to in subsec. (i)(5), is

section 601(b)(4) of Pub. L. 94-329, June 30, 1976, 90 Stat. 729,

which made provision for expedited procedures in the Senate, and is

not classified to the Code.

-MISC1-

AMENDMENTS

1994 - Subsecs. (a), (i)(2). Pub. L. 103-437 substituted "Foreign

Affairs" for "International Relations".

1985 - Subsec. (a). Pub. L. 99-64, Sec. 301(c)(1), struck out

"2153(d)," after "submission of the President required by section",

struck out ", and in addition, in the case of a proposed agreement

for cooperation arranged pursuant to section 2121(c), 2164(b), or

2164(c) of this title, the Committee on Armed Services of the House

of Representatives and the Committee on Armed Services of the

Senate," after "Committee on Foreign Affairs of the House of

Representatives", and struck out in proviso "and if, in the case of

a proposed agreement for cooperation arranged pursuant to section

2121(c), 2164(b), or 2164(c) of this title, the other relevant

committee of that House has reported such a resolution, such

committee shall be deemed discharged from further consideration of

that resolution" after "consideration of such submission".

Subsec. (g). Pub. L. 99-64, Sec. 301(c)(2), designated existing

provisions of subsec. (g) as par. (1), substituted "Except as

provided in paragraph (2), for" for "For", redesignated former

pars. (1) and (2) as subpars. (A) and (B), respectively, and added

par. (2).

Subsec. (i). Pub. L. 99-64, Sec. 301(c)(2)(B), added subsec. (i).

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-MISC2-

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-64 applicable to any agreement for

cooperation entered into after July 12, 1985, see section 301(d) of

Pub. L. 99-64, set out as a note under section 2153 of this title.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2153, 2153c, 2155, 2157,

2158, 2160 of this title.

-End-

-CITE-

42 USC Sec. 2160 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER X - INTERNATIONAL ACTIVITIES

-HEAD-

Sec. 2160. Subsequent arrangements

-STATUTE-

(a) Consultation and concurrence; negotiations of a policy nature;

notice of proposed subsequent arrangements; Nuclear Proliferation

Assessment Statement; reprocessing of material

(1) Prior to entering into any proposed subsequent arrangement

under an agreement for cooperation (other than an agreement for

cooperation arranged pursuant to section 2121(c), 2164(b), or

2164(c) of this title), the Secretary of Energy shall obtain the

concurrence of the Secretary of State and shall consult with the

Commission, and the Secretary of Defense: Provided, That the

Secretary of State shall have the leading role in any negotiations

of a policy nature pertaining to any proposed subsequent

arrangement regarding arrangements for the storage or disposition

of irradiated fuel elements or approvals for the transfer, for

which prior approval is required under an agreement for

cooperation, by a recipient of source or special nuclear material,

production or utilization facilities, or nuclear technology. Notice

of any proposed subsequent arrangement shall be published in the

Federal Register, together with the written determination of the

Secretary of Energy that such arrangement will not be inimical to

the common defense and security, and such proposed subsequent

arrangement shall not take effect before fifteen days after

publication. Whenever the Secretary of State is required to prepare

a Nuclear Proliferation Assessment Statement pursuant to paragraph

(2) of this subsection, notice of the proposed subsequent

arrangement which is the subject of the requirement to prepare a

Nuclear Proliferation Assessment Statement shall not be published

until after the receipt by the Secretary of Energy of such

Statement or the expiration of the time authorized by subsection

(c) of this section for the preparation of such Statement,

whichever occurs first.

(2) If in the view of the Secretary of State, Secretary of

Energy, Secretary of Defense, or the Commission a proposed

subsequent arrangement might significantly contribute to

proliferation, the Secretary of State, in consultation with such

Secretary or the Commission, shall prepare an unclassified Nuclear

Proliferation Assessment Statement with regard to such proposed

subsequent arrangement regarding the adequacy of the safeguards and

other control mechanisms and the application of the peaceful use

assurances of the relevant agreement to ensure that assistance to

be furnished pursuant to the subsequent arrangement will not be

used to further any military or nuclear explosive purpose. For the

purposes of this section, the term "subsequent arrangements" means

arrangements entered into by any agency or department of the United

States Government with respect to cooperation with any nation or

group of nations (but not purely private or domestic arrangements)

involving -

(A) contracts for the furnishing of nuclear materials and

equipment;

(B) approvals for the transfer, for which prior approval is

required under an agreement for cooperation, by a recipient of

any source or special nuclear material, production or utilization

facility, or nuclear technology;

(C) authorization for the distribution of nuclear materials and

equipment pursuant to this chapter which is not subject to the

procedures set forth in section 2141(b), section 2155, or section

2139(b) of this title;

(D) arrangements for physical security;

(E) arrangements for the storage or disposition of irradiated

fuel elements;

(F) arrangements for the application of safeguards with respect

to nuclear materials and equipment; or

(G) any other arrangement which the President finds to be

important from the standpoint of preventing proliferation.

(3) The United States will give timely consideration to all

requests for prior approval, when required by this chapter, for the

reprocessing of material proposed to be exported, previously

exported and subject to the applicable agreement for cooperation,

or special nuclear material produced through the use of such

material or a production or utilization facility transferred

pursuant to such agreement for cooperation, or to the altering of

irradiated fuel elements containing such material, and

additionally, to the maximum extent feasible, will attempt to

expedite such consideration when the terms and conditions for such

actions are set forth in such agreement for cooperation or in some

other international agreement executed by the United States and

subject to congressional review procedures comparable to those set

forth in section 2153 of this title.

(4) All other statutory requirements under other sections of this

chapter for the approval or conduct of any arrangement subject to

this subsection shall continue to apply and any other such

requirements for prior approval or conditions for entering such

arrangements shall also be satisfied before the arrangement takes

effect pursuant to paragraph (1).

(b) Reports to Congressional committees; increase in risk of

proliferation

With regard to any special nuclear material exported by the

United States or produced through the use of any nuclear materials

and equipment or sensitive nuclear technology exported by the

United States -

(1) the Secretary of Energy may not enter into any subsequent

arrangement for the retransfer of any such material to a third

country for reprocessing, for the reprocessing of any such

material, or for the subsequent retransfer of any plutonium in

quantities greater than 500 grams resulting from the reprocessing

of any such material, until he has provided the Committee on

Foreign Affairs of the House of Representatives and the Committee

on Foreign Relations of the Senate with a report containing his

reasons for entering into such arrangement and a period of 15

days of continuous session (as defined in section 2159(g) of this

title) has elapsed: Provided, however, That if in the view of the

President an emergency exists due to unforeseen circumstances

requiring immediate entry into a subsequent arrangement, such

period shall consist of fifteen calendar days;

(2) the Secretary of Energy may not enter into any subsequent

arrangement for the reprocessing of any such material in a

facility which has not processed power reactor fuel assemblies or

been the subject of a subsequent arrangement therefor prior to

March 10, 1978, or for subsequent retransfer to a

non-nuclear-weapon state of any plutonium in quantities greater

than 500 grams resulting from such reprocessing, unless in his

judgment, and that of the Secretary of State, such reprocessing

or retransfer will not result in a significant increase of the

risk of proliferation beyond that which exists at the time that

approval is requested. Among all the factors in making this

judgment, foremost consideration will be given to whether or not

the reprocessing or retransfer will take place under conditions

that will ensure timely warning to the United States of any

diversion well in advance of the time at which the

non-nuclear-weapon state could transform the diverted material

into a nuclear explosive device; and

(3) the Secretary of Energy shall attempt to ensure, in

entering into any subsequent arrangement for the reprocessing of

any such material in any facility that has processed power

reactor fuel assemblies or been the subject of a subsequent

arrangement therefor prior to March 10, 1978, or for the

subsequent retransfer to any non-nuclear-weapon state of any

plutonium in quantities greater than 500 grams resulting from

such reprocessing, that such reprocessing or retransfer shall

take place under conditions comparable to those which in his

view, and that of the Secretary of State, satisfy the standards

set forth in paragraph (2).

(c) Procedures for consideration of requests for subsequent

arrangements

The Secretary of Energy shall, within ninety days after March 10,

1978, establish orderly and expeditious procedures, including

provision for necessary administrative actions and inter-agency

memoranda of understanding, which are mutually agreeable to the

Secretaries of State, Defense, and Commerce and the Nuclear

Regulatory Commission for the consideration of requests for

subsequent arrangements under this section. Such procedures shall

include, at a minimum, explicit direction on the handling of such

requests, express deadlines for the solicitation and collection of

the views of the consulted agencies (with identified officials

responsible for meeting such deadlines), an inter-agency

coordinating authority to monitor the processing of such requests,

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 requests, and

similar administrative mechanisms. To the extent practicable, an

applicant should be advised of all the information required of the

applicant for the entire process for every agency's needs at the

beginning of the process. Potentially controversial requests should

be identified as quickly as possible so that any required policy

decisions or diplomatic consultations can be initiated in a timely

manner. An immediate effort should be undertaken to establish

quickly any necessary standards and criteria, including the nature

of any required assurance or evidentiary showings, for the

decisions required under this section. Further, such procedures

shall specify that if he intends to prepare a Nuclear Proliferation

Assessment Statement, the Secretary of State shall so declare in

his response to the Department of Energy. If the Secretary of State

declares that he intends to prepare such a Statement, he shall do

so within sixty days of his receipt of a copy of the proposed

subsequent arrangement (during which time the Secretary of Energy

may not enter into the subsequent arrangement), unless pursuant to

the Secretary of State's request, the President waives the

sixty-day requirement and notifies the Committee on Foreign Affairs

of the House of Representatives and the Committee on Foreign

Relations of the Senate of such waiver and the justification

therefor. The processing of any subsequent arrangement proposed and

filed as of March 10, 1978, shall not be delayed pending the

development and establishment of procedures to implement the

requirements of this section.

(d) Activities not prohibited, precluded, or limited

Nothing in this section is intended to prohibit, permanently or

unconditionally, the reprocessing of spent fuel owned by a foreign

nation which fuel has been supplied by the United States, to

preclude the United States from full participation in the

International Nuclear Fuel Cycle Evaluation provided for in section

3224 of title 22; to in any way limit the presentation or

consideration in that evaluation of any nuclear fuel cycle by the

United States or any other participation; nor to prejudice open and

objective consideration of the results of the evaluation.

(e) Jurisdiction of Secretary of Energy

Notwithstanding section 7172(d) of this title, the Secretary of

Energy, and not the Federal Energy Regulatory Commission, shall

have sole jurisdiction within the Department of Energy over any

matter arising from any function of the Secretary of Energy in this

section.

(f) Subsequent arrangements involving direct or indirect commitment

of United States for storage or other disposition of foreign

spent nuclear fuel in United States

(1) With regard to any subsequent arrangement under subsection

(a)(2)(E) of this section (for the storage or disposition of

irradiated fuel elements), where such arrangement involves a direct

or indirect commitment of the United States for the storage or

other disposition, interim or permanent, of any foreign spent

nuclear fuel in the United States, the Secretary of Energy may not

enter into any such subsequent arrangement, unless:

(A)(i) Such commitment of the United States has been submitted

to the Congress for a period of sixty days of continuous session

(as defined in section 2159(g) of this title) and has been

referred to the Committee on Foreign Affairs of the House of

Representatives and the Committee on Foreign Relations of the

Senate, but any such commitment shall not become effective if

during such sixty-day period the Congress adopts a concurrent

resolution stating in substance that it does not favor the

commitment, any such commitment to be considered pursuant to the

procedures set forth in section 2159 of this title for the

consideration of Presidential submissions; or (ii) if the

President has submitted a detailed generic plan for such

disposition or storage in the United States to the Congress for a

period of sixty days of continuous session (as defined in section

2159(g) of this title), which plan has been referred to the

Committee on Foreign Affairs of the House of Representatives and

the Committee on Foreign Relations of the Senate and has not been

disapproved during such sixty-day period by the adoption of a

concurrent resolution stating in substance that Congress does not

favor the plan; and the commitment is subject to the terms of an

effective plan. Any such plan shall be considered pursuant to the

procedures set forth in section 2159 of this title for the

consideration of Presidential submissions;

(B) The Secretary of Energy has complied with subsection (a) of

this section; and

(C) The Secretary of Energy has complied, or in the arrangement

will comply with all other statutory requirements of this

chapter, under sections 2074 and 2075 of this title and any other

applicable sections, and any other requirements of law.

(2) Paragraph (1) shall not apply to the storage or other

disposition in the United States of limited quantities of foreign

spent nuclear fuel if the President determines that (A) a

commitment under section 2074 or 2075 of this title of the United

States for storage or other disposition of such limited quantities

in the United States is required by an emergency situation, (B) it

is in the national interest to take such immediate action, and (C)

he notifies the Committees on Foreign Affairs and Science, Space,

and Technology of the House of Representatives and the Committees

on Foreign Relations and Energy and Natural Resources of the Senate

of the determination and action, with a detailed explanation and

justification thereof, as soon as possible.

(3) Any plan submitted by the President under paragraph (1) shall

include a detailed discussion, with detailed information, and any

supporting documentation thereof, relating to policy objectives,

technical description, geographic information, cost data and

justifications, legal and regulatory considerations, environmental

impact information and any related international agreements,

arrangements or understandings.

(4) For the purposes of this subsection, the term "foreign spent

nuclear fuel" shall include any nuclear fuel irradiated in any

nuclear power reactor located outside of the United States and

operated by any foreign legal entity, government or nongovernment,

regardless of the legal ownership or other control of the fuel or

reactor and regardless of the origin or licensing of the fuel or

reactor, but not including fuel irradiated in a research reactor.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 131, as added Pub. L. 95-242,

title III, Sec. 303(a), Mar. 10, 1978, 92 Stat. 127; renumbered

title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992,

106 Stat. 2944; amended Pub. L. 103-437, Sec. 15(f)(6), Nov. 2,

1994, 108 Stat. 4592; Pub. L. 105-277, div. G, title XII, Sec.

1225(d)(6), (7), Oct. 21, 1998, 112 Stat. 2681-774.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a)(1). Pub. L. 105-277, Sec. 1225(d)(6)(A), in

first sentence, struck out "the Director," after "shall consult

with" and, in third sentence, substituted "the Secretary of State

is required" for "the Director declares that he intends" and "the

requirement to prepare a Nuclear Proliferation Assessment

Statement" for "the Director's declaration".

Subsec. (a)(2). Pub. L. 105-277, Sec. 1225(d)(6)(B), substituted

"view of the Secretary of State, Secretary of Energy, Secretary of

Defense, or the Commission" for "Director's view" and "the

Secretary of State, in consultation with such Secretary or the

Commission, shall prepare" for "he may prepare".

Subsec. (c). Pub. L. 105-277, Sec. 1225(d)(7), struck out ", the

Director of the Arms Control and Disarmament Agency," before "and

the Nuclear" in first sentence and substituted "Secretary of State"

for "Director" in sixth and seventh sentences and "Secretary of

State's" for "Director's" in seventh sentence.

1994 - Subsecs. (b)(1), (c), (f)(1)(A). Pub. L. 103-437, Sec.

15(f)(6)(A), substituted "Foreign Affairs" for "International

Relations" wherever appearing.

Subsec. (f)(2). Pub. L. 103-437 substituted "Foreign Affairs and

Science, Space, and Technology" for "International Relations and

Science and Technology".

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives and Committee on Science, Space, and Technology of

House of Representatives treated as referring to Committee on

Science of House of Representatives by section 1(a) of Pub. L.

104-14, set out as a note preceding section 21 of Title 2, The

Congress.

-MISC2-

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 reorganization 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.

-TRANS-

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.

DELEGATION OF FUNCTIONS

Delegation or assignment to Secretary of Energy of functions

vested in President under subsecs. (a)(2)(G), (b)(1), and (f)(2) of

this section, and of function vested in President under subsec.

(f)(1)(A)(ii) of this section to extent that such function relates

to preparation of a detailed generic plan, see section 1(b) and (c)

of Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out under

section 3201 of Title 22, Foreign Relations and Intercourse.

Secretary of State responsible for performing function vested in

President under subsec. (c) of this section, except that Secretary

of State may not waive 60-day requirement for preparation of a

Nuclear Non-Proliferation Assessment Statement for more than 60

days without approval of President, see section 2(e) of Ex. Ord.

No. 12058, May 11, 1978, 43 F.R. 20947, set out under section 3201

of Title 22.

-MISC3-

LIMITATIONS ON RECEIPT AND STORAGE OF SPENT NUCLEAR FUEL FROM

FOREIGN RESEARCH REACTORS

Pub. L. 103-160, div. C, title XXXI, Sec. 3151, Nov. 30, 1993,

107 Stat. 1949, provided that:

"(a) Purpose. - It is the purpose of this section to regulate the

receipt and storage of spent nuclear fuel at the Department of

Energy defense nuclear facility located at the Savannah River Site,

South Carolina (in this section referred to as the 'Savannah River

Site').

"(b) Receipt in Emergency Circumstances. - When the Secretary of

Energy determines that emergency circumstances make it necessary to

receive spent nuclear fuel, the Secretary shall submit a

notification of that determination to the Congress. The Secretary

may not receive spent nuclear fuel at the Savannah River Site until

the expiration of the 30-day period beginning on the date on which

the Congress receives the notification.

"(c) Limitation on Storage in Non-emergency Circumstances. - The

Secretary of Energy may not, under other than emergency

circumstances, receive and store at the Savannah River Site any

spent nuclear fuel in excess of the amount that (as of the date of

the enactment of this Act [Nov. 30, 1993]) the Savannah River Site

is capable of receiving and storing, until, with respect to the

receipt and storage of any such spent nuclear fuel -

"(1) the completion of an environmental impact statement under

section 102(2)(C) of the National Environmental Policy Act of

1969 (42 U.S.C. 4332(2)(C));

"(2) the expiration of the 90-day period (as prescribed by

regulation pursuant to such Act [42 U.S.C. 4321 et seq.])

beginning on the date of such completion; and

"(3) the signing by the Secretary of a record of decision

following such completion.

"(d) Limitations on Receipt. - The Secretary of Energy may not,

under emergency or non-emergency circumstances, receive spent

nuclear fuel if the spent nuclear fuel -

"(1) cannot be transferred in an expeditious manner from its

port of entry in the United States to a storage facility that is

located at a Department of Energy facility and is capable of

receiving and storing the spent nuclear fuel; or

"(2) will remain on a vessel in the port of entry for a period

that exceeds the period necessary to unload the fuel from the

vessel pursuant to routine unloading procedures.

"(e) Criteria for Port of Entry. - The Secretary of Energy shall,

if economically feasible and to the maximum extent practicable,

provide for the receipt of spent nuclear fuel under this section at

a port of entry in the United States which, as determined by the

Secretary and compared to each other port of entry in the United

States that is capable of receiving the spent nuclear fuel -

"(1) has the lowest human population in the area surrounding

the port of entry;

"(2) is closest in proximity to the facility which will store

the spent nuclear fuel; and

"(3) has the most appropriate facilities for, and experience

in, receiving spent nuclear fuel.

"(f) Definition. - In this section, the term 'spent nuclear fuel'

means nuclear fuel that -

"(1) was originally exported to a foreign country from the

United States in the form of highly enriched uranium; and

"(2) was used in a research reactor by the Government of a

foreign country or by a foreign-owned or foreign-controlled

entity."

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 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, Foreign Relations and Intercourse.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2074, 2075, 2077, 2153a,

2159, 2160c of this title.

-End-

-CITE-

42 USC Sec. 2160a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER X - INTERNATIONAL ACTIVITIES

-HEAD-

Sec. 2160a. Review of Nuclear Proliferation Assessment Statements

-STATUTE-

No court or regulatory body shall have any jurisdiction under any

law to compel the performance of or to review the adequacy of the

performance of any Nuclear Proliferation Assessment Statement, or

any annexes thereto, called for in this Act or in this chapter.

-SOURCE-

(Pub. L. 95-242, title IV, Sec. 406, Mar. 10, 1978, 92 Stat. 148;

Pub. L. 105-277, div. G, title XII, Sec. 1225(e)(5), Oct. 21, 1998,

112 Stat. 2681-775.)

-REFTEXT-

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 (Sec. 3201

et seq.) of Title 22, Foreign Relations and Intercourse. For

complete classification of this Act to the Code, see Short Title

note set out under section 3201 of Title 22 and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Nuclear Non-Proliferation Act

of 1978, and not as part of the Atomic Energy Act of 1954 which

comprises this chapter.

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-277 inserted ", or any annexes thereto,"

before "called for in".

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 reorganization 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.

-End-

-CITE-

42 USC Sec. 2160b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER X - INTERNATIONAL ACTIVITIES

-HEAD-

Sec. 2160b. Authority to suspend nuclear cooperation with nations

which have not ratified the Convention on the Physical Security

of Nuclear Materials

-STATUTE-

The President may suspend nuclear cooperation under this chapter

with any nation or group of nations which has not ratified the

Convention on the Physical Security of Nuclear Material.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 132, as added Pub. L. 99-399,

title VI, Sec. 602, Aug. 27, 1986, 100 Stat. 875; renumbered title

I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106

Stat. 2944.)

-End-

-CITE-

42 USC Sec. 2160c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER X - INTERNATIONAL ACTIVITIES

-HEAD-

Sec. 2160c. Consultation with Department of Defense concerning

certain exports and subsequent arrangements

-STATUTE-

(a) In addition to other applicable requirements -

(1) a license may be issued by the Nuclear Regulatory

Commission under this chapter for the export of special nuclear

material described in subsection (b) of this section; and

(2) approval may be granted by the Secretary of Energy under

section 2160 of this title for the transfer of special nuclear

material described in subsection (b) of this section;

only after the Secretary of Defense has been consulted on whether

the physical protection of that material during the export or

transfer will be adequate to deter theft, sabotage, and other acts

of international terrorism which would result in the diversion of

that material. If, in the view of the Secretary of Defense based on

all available intelligence information, the export or transfer

might be subject to a genuine terrorist threat, the Secretary shall

provide to the Nuclear Regulatory Commission or the Secretary of

Energy, as appropriate, his written assessment of the risk and a

description of the actions the Secretary of Defense considers

necessary to upgrade physical protection measures.

(b) Subsection (a) of this section applies to the export or

transfer of more than 2 kilograms of plutonium or more than 5

kilograms of uranium enriched to more than 20 percent in the

isotope 233 or the isotope 235.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 133, as added Pub. L. 99-399,

title VI, Sec. 603, Aug. 27, 1986, 100 Stat. 875; renumbered title

I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106

Stat. 2944; amended Pub. L. 103-236, title VIII, Sec. 829, Apr. 30,

1994, 108 Stat. 521.)

-MISC1-

AMENDMENTS

1994 - Subsec. (b). Pub. L. 103-236 substituted "5 kilograms" for

"20 kilograms".

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-236 effective 60 days after Apr. 30,

1994, see section 831 of Pub. L. 103-236, set out as an Effective

Date note under section 6301 of Title 22, Foreign Relations and

Intercourse.

-End-

-CITE-

42 USC Sec. 2160d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER X - INTERNATIONAL ACTIVITIES

-HEAD-

Sec. 2160d. Further restrictions on exports

-STATUTE-

(a) The Commission may issue a license for the export of highly

enriched uranium to be used as a fuel or target in a nuclear

research or test reactor only if, in addition to any other

requirement of this chapter, the Commission determines that -

(1) there is no alternative nuclear reactor fuel or target

enriched in the isotope 235 to a lesser percent than the proposed

export, that can be used in that reactor;

(2) the proposed recipient of that uranium has provided

assurances that, whenever an alternative nuclear reactor fuel or

target can be used in that reactor, it will use that alternative

in lieu of highly enriched uranium; and

(3) the United States Government is actively developing an

alternative nuclear reactor fuel or target that can be used in

that reactor.

(b) As used in this section -

(1) the term "alternative nuclear reactor fuel or target" means

a nuclear reactor fuel or target which is enriched to less than

20 percent in the isotope U-235;

(2) the term "highly enriched uranium" means uranium enriched

to 20 percent or more in the isotope U-235; and

(3) a fuel or target "can be used" in a nuclear research or

test reactor if -

(A) the fuel or target has been qualified by the Reduced

Enrichment Research and Test Reactor Program of the Department

of Energy, and

(B) use of the fuel or target will permit the large majority

of ongoing and planned experiments and isotope production to be

conducted in the reactor without a large percentage increase in

the total cost of operating the reactor.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 134, as added Pub. L.

102-486, title IX, Sec. 903(a)(1), Oct. 24, 1992, 106 Stat. 2944.)

-End-

-CITE-

42 USC SUBCHAPTER XI - CONTROL OF INFORMATION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER XI - CONTROL OF INFORMATION

-HEAD-

SUBCHAPTER XI - CONTROL OF INFORMATION

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 5817 of this title;

title 22 section 3203.

-End-

-CITE-

42 USC Sec. 2161 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER XI - CONTROL OF INFORMATION

-HEAD-

Sec. 2161. Policy of Commission

-STATUTE-

It shall be the policy of the Commission to control the

dissemination and declassification of Restricted Data in such a

manner as to assure the common defense and security. Consistent

with such policy, the Commission shall be guided by the following

principles:

(a) Until effective and enforceable international safeguards

against the use of atomic energy for destructive purposes have been

established by an international arrangement, there shall be no

exchange of Restricted Data with other nations except as authorized

by section 2164 of this title; and

(b) The dissemination of scientific and technical information

relating to atomic energy should be permitted and encouraged so as

to provide that free interchange of ideas and criticism which is

essential to scientific and industrial progress and public

understanding and to enlarge the fund of technical information.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 141, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 940; renumbered title I, Pub. L.

102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1810(a) of this title, prior to the general amendment and

renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

-TRANS-

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.

-End-

-CITE-

42 USC Sec. 2162 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER XI - CONTROL OF INFORMATION

-HEAD-

Sec. 2162. Classification and declassification of Restricted Data

-STATUTE-

(a) Periodic determination

The Commission shall from time to time determine the data, within

the definition of Restricted Data, which can be published without

undue risk to the common defense and security and shall thereupon

cause such data to be declassified and removed from the category of

Restricted Data.

(b) Continuous review

The Commission shall maintain a continuous review of Restricted

Data and of any Classification Guides issued for the guidance of

those in the atomic energy program with respect to the areas of

Restricted Data which have been declassified in order to determine

which information may be declassified and removed from the category

of Restricted Data without undue risk to the common defense and

security.

(c) Joint determination on atomic weapons; Presidential

determination on disagreement

In the case of Restricted Data which the Commission and the

Department of Defense jointly determine to relate primarily to the

military utilization of atomic weapons, the determination that such

data may be published without constituting an unreasonable risk to

the common defense and security shall be made by the Commission and

the Department of Defense jointly, and if the Commission and the

Department of Defense do not agree, the determination shall be made

by the President.

(d) Removal from Restricted Data category

The Commission shall remove from the Restricted Data category

such data as the Commission and the Department of Defense jointly

determine relates primarily to the military utilization of atomic

weapons and which the Commission and Department of Defense jointly

determine can be adequately safeguarded as defense information:

Provided, however, That no such data so removed from the Restricted

Data category shall be transmitted or otherwise made available to

any nation or regional defense organization, while such data

remains defense information, except pursuant to an agreement for

cooperation entered into in accordance with subsection (b) or (d)

of section 2164 of this title.

(e) Joint determination on atomic energy programs

The Commission shall remove from the Restricted Data category

such information concerning the atomic energy programs of other

nations as the Commission and the Director of Central Intelligence

jointly determine to be necessary to carry out the provisions of

section 403(d) (!1) of title 50 and can be adequately safeguarded

as defense information.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 142, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 941; amended Pub. L. 102-484, div. C,

title XXXI, Sec. 3152, Oct. 23, 1992, 106 Stat. 2644; renumbered

title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992,

106 Stat. 2944; Pub. L. 103-337, div. A, title XXXI, Sec.

3155(c)(2), (3), Oct. 5, 1994, 108 Stat. 3092.)

-REFTEXT-

REFERENCES IN TEXT

Section 403(d) of title 50, referred to in subsec. (e), was

struck out and a new subsec. (d) of section 403 of Title 50, War

and National Defense, was added by Pub. L. 102-496, title VII, Sec.

704(3), Oct. 24, 1992, 106 Stat. 3189. Subsequently, section 403

was repealed and a new section 403 enacted by Pub. L. 104-293,

title VIII, Sec. 805(a), Oct. 11, 1996, 110 Stat. 3477. See section

403-3 of Title 50.

-MISC1-

AMENDMENTS

1994 - Subsec. (d). Pub. L. 103-337, Sec. 3155(c)(2), substituted

"subsection (b) or (d) of section 2164 of this title" for "section

2164(b) of this title".

Subsec. (f). Pub. L. 103-337, Sec. 3155(c)(3), struck out subsec.

(f) which read as follows: "Notwithstanding any other law, the

President may publicly release Restricted Data regarding the

nuclear weapons stockpile of the United States if the United States

and member states of the Commonwealth of Independent States reach

reciprocal agreement on the release of such data."

1992 - Subsec. (f). Pub. L. 102-484 added subsec. (f).

-TRANS-

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.

-MISC2-

REVIEW OF CERTAIN DOCUMENTS BEFORE DECLASSIFICATION AND RELEASE

Pub. L. 104-106, div. C, title XXXI, Sec. 3155, Feb. 10, 1996,

110 Stat. 625, provided that:

"(a) In General. - The Secretary of Energy shall ensure that,

before a document of the Department of Energy that contains

national security information is released or declassified, such

document is reviewed to determine whether it contains restricted

data.

"(b) Limitation on Declassification. - The Secretary may not

implement the automatic declassification provisions of Executive

Order 12958 [set out as a note under section 435 of Title 50, War

and National Defense] if the Secretary determines that such

implementation could result in the automatic declassification and

release of documents containing restricted data.

"(c) Restricted Data Defined. - In this section, the term

'restricted data' has the meaning provided by section 11 y. of the

Atomic Energy Act of 1954 (42 U.S.C. 2014(y))."

-EXEC-

EX. ORD. NO. 10899. COMMUNICATION OF RESTRICTED DATA BY CENTRAL

INTELLIGENCE AGENCY

Ex. Ord. No. 10899, eff. Dec. 9, 1960, 25 F.R. 12729, provided:

By virtue of the authority vested in me by the Atomic Energy Act

of 1954, as amended (hereinafter referred to as the Act; 42 U.S.C.

2011 et seq.), and as President of the United States, it is ordered

as follows:

The Central Intelligence Agency is hereby authorized to

communicate for intelligence purposes, in accordance with the terms

and conditions of any agreement for cooperation arranged pursuant

to subsections 144a, b, or c of the act (42 U.S.C. 2162 (a), (b),

or (c)), such restricted data and data removed from the restricted

data category under subsection 142d of the Act (42 U.S.C. 2162(d))

as is determined

(i) by the President, pursuant to the provisions of the Act, or

(ii) by the Atomic Energy Commission and the Department of

Defense, jointly pursuant to the provisions of Executive Order No.

10841 [set out as a note under section 2153 of this title], to be

transmissible under the agreement for cooperation involved. Such

communications shall be effected through mechanisms established by

the Central Intelligence Agency in accordance with the terms and

conditions of the agreement for cooperation involved: Provided,

that no such communication shall be made by the Central

Intelligence Agency until the proposed communication has been

authorized either in accordance with procedures adopted by the

Atomic Energy Commission and the Department of Defense and

applicable to conduct of programs for cooperation by those

agencies, or in accordance with procedures approved by the Atomic

Energy Commission and the Department of Defense and applicable to

conduct of programs for cooperation by the Central Intelligence

Agency.

Dwight D. Eisenhower.

MODIFICATION OF EXECUTIVE ORDER NO. 10899

Ex. Ord. No. 10899, Dec. 9, 1960, 25 F.R. 12729, set out above,

when referring to functions of the Atomic Energy Commission is

modified to provide that all such functions shall be exercised by

the Secretary of Energy and the Nuclear Regulatory Commission, see

section 4(a)(1) of Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957,

set out as a note under section 7151 of this title.

EX. ORD. NO. 11057. COMMUNICATION OF RESTRICTED DATA BY DEPARTMENT

OF STATE

Ex. Ord. No. 11057, eff. Oct. 18, 1962, 27 F.R. 10289, provided:

By virtue of the authority vested in me by the Atomic Energy Act

of 1954, as amended (hereinafter referred to as the Act; 42 U.S.C.

2011 et seq.), and as President of the United States, it is ordered

as follows:

The Department of State is hereby authorized to communicate, in

accordance with the terms and conditions of any agreement for

cooperation arranged pursuant to subsection 144b of the act (42

U.S.C. 2164(b)), such restricted data and data removed from the

restricted data category under subsection 142d of the act (42

U.S.C. 2162(d)) as is determined

(i) by the President, pursuant to the provisions of the Act, or

(ii) by the Atomic Energy Commission and the Department of

Defense, jointly pursuant to the provisions of Executive Order No.

10841, as amended [set out as a note under section 2153 of this

title], to be transmissible under the agreement for cooperation

involved. Such communications shall be effected through mechanisms

established by the Department of State in accordance with the terms

and conditions of the agreement for cooperation involved: Provided,

that no such communication shall be made by the Department of State

until the proposed communication has been authorized either in

accordance with procedures adopted by the Atomic Energy Commission

and the Department of Defense and applicable to conduct of programs

for cooperation by those agencies, or in accordance with procedures

approved by the Atomic Energy Commission and the Department of

Defense and applicable to conduct of programs for cooperation by

the Department of State.

John F. Kennedy.

MODIFICATION OF EXECUTIVE ORDER NO. 11057

Ex. Ord. No. 11057, Oct. 18, 1962, 27 F.R. 10289, set out above,

when referring to functions of the Atomic Energy Commission is

modified to provide that all such functions shall be exercised by

the Secretary of Energy and the Nuclear Regulatory Commission, see

section 4(a)(1) of Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957,

set out as a note under section 7151 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2164, 2168 of this title;

title 15 section 6204.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 2163 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER XI - CONTROL OF INFORMATION

-HEAD-

Sec. 2163. Access to Restricted Data

-STATUTE-

The Commission may authorize any of its employees, or employees

of any contractor, prospective contractor, licensee or prospective

licensee of the Commission or any other person authorized access to

Restricted Data by the Commission under section 2165(b) and (c) of

this title to permit any employee of an agency of the Department of

Defense or of its contractors, or any member of the Armed Forces to

have access to Restricted Data required in the performance of his

duties and so certified by the head of the appropriate agency of

the Department of Defense or his designee: Provided, however, That

the head of the appropriate agency of the Department of Defense or

his designee has determined, in accordance with the established

personnel security procedures and standards of such agency, that

permitting the member or employee to have access to such Restricted

Data will not endanger the common defense and security: And

provided further, That the Secretary of Defense finds that the

established personnel and other security procedures and standards

of such agency are adequate and in reasonable conformity to the

standards established by the Commission under section 2165 of this

title.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 143, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 941; amended Aug. 6, 1956, ch. 1015,

Sec. 14, 70 Stat. 1071; Pub. L. 87-206, Sec. 5, Sept. 6, 1961, 75

Stat. 476; renumbered title I, Pub. L. 102-486, title IX, Sec.

902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-

AMENDMENTS

1961 - Pub. L. 87-206 inserted reference to subsection (c) of

section 2165 of this title.

1956 - Act Aug. 6, 1956, inserted "or any other person authorized

access to Restricted Data by the Commission under section 2165(b)

of this title".

-TRANS-

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.

-End-

-CITE-

42 USC Sec. 2164 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER XI - CONTROL OF INFORMATION

-HEAD-

Sec. 2164. International cooperation

-STATUTE-

(a) By Commission

The President may authorize the Commission to cooperate with

another nation and to communicate to that nation Restricted Data on

-

(1) refining, purification, and subsequent treatment of source

material;

(2) civilian reactor development;

(3) production of special nuclear material;

(4) health and safety;

(5) industrial and other applications of atomic energy for

peaceful purposes; and

(6) research and development relating to the foregoing:

Provided, however, That no such cooperation shall involve the

communication of Restricted Data relating to the design or

fabrication of atomic weapons: And provided further, That the

cooperation is undertaken pursuant to an agreement for cooperation

entered into in accordance with section 2153 of this title, or is

undertaken pursuant to an agreement existing on August 30, 1954.

(b) By Department of Defense

The President may authorize the Department of Defense, with the

assistance of the Commission, to cooperate with another nation or

with a regional defense organization to which the United States is

a party, and to communicate to that nation or organization such

Restricted Data (including design information) as is necessary to -

(1) the development of defense plans;

(2) the training of personnel in the employment of and defense

against atomic weapons and other military applications of atomic

energy;

(3) the evaluation of the capabilities of potential enemies in

the employment of atomic weapons and other military applications

of atomic energy; and

(4) the development of compatible delivery systems for atomic

weapons;

whenever the President determines that the proposed cooperation and

the proposed communication of the Restricted Data will promote and

will not constitute an unreasonable risk to the common defense and

security, while such other nation or organization is participating

with the United States pursuant to an international arrangement by

substantial and material contributions to the mutual defense and

security: Provided, however, That the cooperation is undertaken

pursuant to an agreement entered into in accordance with section

2153 of this title.

(c) Exchange of information concerning atomic weapons; research,

development, or design, of military reactors

In addition to the cooperation authorized in subsections (a) and

(b) of this section, the President may authorize the Commission,

with the assistance of the Department of Defense, to cooperate with

another nation and -

(1) to exchange with that nation Restricted Data concerning

atomic weapons: Provided, That communication of such Restricted

Data to that nation is necessary to improve its atomic weapon

design, development, or fabrication capability and provided that

nation has made substantial progress in the development of atomic

weapons; and

(2) to communicate or exchange with that nation Restricted Data

concerning research, development, or design, of military

reactors,

whenever the President determines that the proposed cooperation and

the communication of the proposed Restricted Data will promote and

will not constitute an unreasonable risk to the common defense and

security, while such other nation is participating with the United

States pursuant to an international arrangement by substantial and

material contributions to the mutual defense and security:

Provided, however, That the cooperation is undertaken pursuant to

an agreement entered into in accordance with section 2153 of this

title.

(d) By Department of Energy

(1) In addition to the cooperation authorized in subsections (a),

(b), and (c) of this section, the President may, upon making a

determination described in paragraph (2), authorize the Department

of Energy, with the assistance of the Department of Defense, to

cooperate with another nation to communicate to that nation such

Restricted Data, and the President may, upon making such

determination, authorize the Department of Defense, with the

assistance of the Department of Energy, to cooperate with another

nation to communicate to that nation such data removed from the

Restricted Data category under section 2162 of this title, as is

necessary for -

(A) the support of a program for the control of and accounting

for fissile material and other weapons material;

(B) the support of the control of and accounting for atomic

weapons;

(C) the verification of a treaty; and

(D) the establishment of international standards for the

classification of data on atomic weapons, data on fissile

material, and related data.

(2) A determination referred to in paragraph (1) is a

determination that the proposed cooperation and proposed

communication referred to in that paragraph -

(A) will promote the common defense and security interests of

the United States and the nation concerned; and

(B) will not constitute an unreasonable risk to such common

defense and security interests.

(3) Cooperation under this subsection shall be undertaken

pursuant to an agreement for cooperation entered into in accordance

with section 2153 of this title.

(e) Communication of data by other Government agencies

The President may authorize any agency of the United States to

communicate in accordance with the terms and conditions of an

agreement for cooperation arranged pursuant to subsection (a), (b),

(c), or (d) of this section, such Restricted Data as is determined

to be transmissible under the agreement for cooperation involved.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 144, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 942; amended Pub. L. 85-479, Secs. 5-7,

July 2, 1958, 72 Stat. 278; renumbered title I, Pub. L. 102-486,

title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L.

103-337, div. C, title XXXI, Sec. 3155(a), (c)(4), Oct. 5, 1994,

108 Stat. 3091, 3092.)

-MISC1-

AMENDMENTS

1994 - Subsec. (d). Pub. L. 103-337, Sec. 3155(a)(2), added

subsec. (d). Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 103-337, Sec. 3155(c)(4), substituted "(c),

or (d)" for "or (c)".

Pub. L. 103-337, Sec. 3155(a)(1), redesignated subsec. (d) as

(e).

1958 - Subsec. (a). Pub. L. 85-479, Sec. 5, substituted "civilian

reactor development" for "reactor development" in cl. (2).

Subsec. (b). Pub. L. 85-479, Sec. 6, authorized communication of

design information, of data concerning other military applications

of atomic energy necessary for the training of personnel or for the

evaluation of the capabilities of potential enemies, and of data

necessary to the development of compatible delivery systems for

atomic weapons, and struck out provisions which prohibited

communication of data which would reveal important information

concerning the design or fabrication of the nuclear components of

atomic weapons.

Subsecs. (c), (d). Pub. L. 85-479, Sec. 7, added subsecs. (c) and

(d).

-TRANS-

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.

DELEGATION OF FUNCTIONS

Authority vested in President by subsecs. (b) and (c) of this

section delegated to Secretary of Defense and Secretary of Energy,

see section 2(a)(2) and (3) of Ex. Ord. No. 10841, as amended, set

out as a note under section 2153 of this title.

-MISC2-

PROHIBITION ON INSPECTIONS

Pub. L. 104-106, div. C, title XXXI, Sec. 3154(a), Feb. 10, 1996,

110 Stat. 624, provided that:

"(1) The Secretary of Energy may not allow an inspection of a

nuclear weapons facility by the International Atomic Energy Agency

until the Secretary certifies to Congress that no restricted data

will be revealed during such inspection.

"(2) For purposes of paragraph (1), the term 'restricted data'

has the meaning provided by section 11 y. of the Atomic Energy Act

of 1954 (42 U.S.C. 2014(y))."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2014, 2153, 2153a, 2153f,

2154, 2159, 2160 of this title; title 10 section 2536.

-End-

-CITE-

42 USC Sec. 2165 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER XI - CONTROL OF INFORMATION

-HEAD-

Sec. 2165. Security restrictions

-STATUTE-

(a) On contractors and licensees

No arrangement shall be made under section 2051 of this title, no

contract shall be made or continued in effect under section 2061 of

this title, and no license shall be issued under section 2133 or

2134 of this title, unless the person with whom such arrangement is

made, the contractor or prospective contractor, or the prospective

licensee agrees in writing not to permit any individual to have

access to Restricted Data until the Director of the Office of

Personnel Management shall have made an investigation and report to

the Commission on the character, associations, and loyalty of such

individual, and the Commission shall have determined that

permitting such person to have access to Restricted Data will not

endanger the common defense and security.

(b) Employment of personnel; access to Restricted Data

Except as authorized by the Commission or the General Manager

upon a determination by the Commission or General Manager that such

action is clearly consistent with the national interest, no

individual shall be employed by the Commission nor shall the

Commission permit any individual to have access to Restricted Data

until the Director of the Office of Personnel Management shall have

made an investigation and report to the Commission on the

character, associations, and loyalty of such individual, and the

Commission shall have determined that permitting such person to

have access to Restricted Data will not endanger the common defense

and security.

(c) Acceptance of investigation and clearance granted by other

Government agencies

In lieu of the investigation and report to be made by the

Director of the Office of Personnel Management pursuant to

subsection (b) of this section, the Commission may accept an

investigation and report on the character, associations, and

loyalty of an individual made by another Government agency which

conducts personnel security investigations, provided that a

security clearance has been granted to such individual by another

Government agency based on such investigation and report.

(d) Investigations by FBI

In the event an investigation made pursuant to subsections (a)

and (b) of this section develops any data reflecting that the

individual who is the subject of the investigation is of

questionable loyalty, the Director of the Office of Personnel

Management shall refer the matter to the Federal Bureau of

Investigation for the conduct of a full field investigation, the

results of which shall be furnished to the Director of the Office

of Personnel Management for his information and appropriate action.

(e) Presidential investigation

(1) If the President deems it to be in the national interest he

may from time to time determine that investigations of any group or

class which are required by subsections (a), (b), and (c) of this

section be made by the Federal Bureau of Investigation.

(2) In the case of an individual employed in a program known as a

Special Access Program or a Personnel Security and Assurance

Program, any investigation required by subsections (a), (b), and

(c) of this section shall be made by the Federal Bureau of

Investigation.

(f) Certification of specific positions for investigation by FBI

Notwithstanding the provisions of subsections (a), (b), and (c)

of this section, a majority of the members of the Commission shall

certify those specific positions which are of a high degree of

importance or sensitivity, and upon such certification, the

investigation and reports required by such provisions shall be made

by the Federal Bureau of Investigation.

(g) Investigation standards

The Commission shall establish standards and specifications in

writing as to the scope and extent of investigations, the reports

of which will be utilized by the Commission in making the

determination, pursuant to subsections (a), (b), and (c) of this

section, that permitting a person access to restricted data will

not endanger the common defense and security. Such standards and

specifications shall be based on the location and class or kind of

work to be done, and shall, among other considerations, take into

account the degree of importance to the common defense and security

of the restricted data to which access will be permitted.

(h) War time clearance

Whenever the Congress declares that a state of war exists, or in

the event of a national disaster due to enemy attack, the

Commission is authorized during the state of war or period of

national disaster due to enemy attack to employ individuals and to

permit individuals access to Restricted Data pending the

investigation report, and determination required by subsection (b)

of this section, to the extent that and so long as the Commission

finds that such action is required to prevent impairment of its

activities in furtherance of the common defense and security.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 145, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 942; amended Pub. L. 85-681, Sec. 5,

Aug. 19, 1958, 72 Stat. 633; Pub. L. 87-206, Sec. 6, Sept. 6, 1961,

75 Stat. 476; Pub. L. 87-615, Sec. 10, Aug. 29, 1962, 76 Stat. 411;

1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037,

92 Stat. 3783; renumbered title I, Pub. L. 102-486, title IX, Sec.

902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 106-65, div. C,

title XXXI, Sec. 3144(a), Oct. 5, 1999, 113 Stat. 934.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1810(b)(5) of this title, prior to the general amendment and

renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

AMENDMENTS

1999 - Subsec. (e). Pub. L. 106-65 designated existing provisions

as par. (1) and added par. (2).

1962 - Subsec. (f). Pub. L. 87-615 struck out the comma after

"investigation".

1961 - Subsecs. (c), (d). Pub. L. 87-206 added subsec. (c) and

redesignated former subsecs. (c) and (d) as (d) and (e),

respectively.

Subsec. (e). Pub. L. 87-206 redesignated former subsec. (d) as

(e) and amended provisions by substituting "determine that" for

"cause investigations", inserting reference to subsection (c) of

this section and striking out "instead of by the Civil Service

Commission" after "Federal Bureau of Investigation". Former subsec.

(e) redesignated (f).

Subsec. (f). Pub. L. 87-206 redesignated former subsec. (e) as

(f) and amended provisions by inserting reference to subsection (c)

of this section and striking out "instead of by the Civil Service

Commission" after "Federal Bureau of Investigation". Former subsec.

(f) redesignated (g).

Subsecs. (g), (h). Pub. L. 87-206 redesignated former subsec. (f)

as (g) and amended provisions by substituting ", the reports of

which will be utilized by the Commission in making the

determination, pursuant to subsections (a), (b), and (c) of this

section, that permitting a person access to restricted data will

not endanger the common defense and security" for "to be made by

the Civil Service Commission pursuant to subsections (a) and (b) of

this section." Former subsec. (g) redesignated (h).

1958 - Subsec. (g). Pub. L. 85-681 added subsec. (g).

IMPLEMENTATION OF SUBSECTION (E)(2)

Pub. L. 106-65, div. C, title XXXI, Sec. 3144(b), (c), Oct. 5,

1999, 113 Stat. 934, provided that:

"(b) Compliance. - The Director of the Federal Bureau of

Investigation shall have 18 months from the date of the enactment

of this Act [Oct. 5, 1999] to meet the responsibilities of the

Bureau under subsection e.(2) of section 145 of the Atomic Energy

Act of 1954 [42 U.S.C. 2165(e)(2)], as added by subsection (a).

"(c) Report. - (1) Not later than six months after the date of

the enactment of this Act, the Director of the Federal Bureau of

Investigation shall submit to the committees specified in paragraph

(2) a report on the implementation of the responsibilities of the

Bureau under subsection e.(2) of that section. That report shall

include the following:

"(A) An assessment of the capability of the Bureau to execute

the additional clearance requirements, to include additional

post-initial investigations.

"(B) An estimate of the additional resources required, to

include funding, to support the expanded use of the Bureau to

conduct the additional investigations.

"(C) The extent to which contractor personnel are and would be

used in the clearance process.

"(2) The committees referred to in paragraph (1) are the

following:

"(A) The Committee on Armed Services and the Select Committee

on Intelligence of the Senate.

"(B) The Committee on Armed Services and the Permanent Select

Committee on Intelligence of the House of Representatives."

-TRANS-

TRANSFER OF FUNCTIONS

"Director of the Office of Personnel Management" and "his"

substituted for "Civil Service Commission" and "its", respectively,

in subsecs. (a) to (d), pursuant to Reorg. Plan No. 2 of 1978, Sec.

102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of

Title 5, Government Organization and Employees, which transferred

all functions vested by statute in United States Civil Service

Commission to Director of Office of Personnel Management (except as

otherwise specified), effective Jan. 1, 1979, as provided by

section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055,

set out under section 1101 of Title 5.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2163, 2166, 2201, 2455,

7383a of this title.

-End-

-CITE-

42 USC Sec. 2166 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER XI - CONTROL OF INFORMATION

-HEAD-

Sec. 2166. Applicability of other laws

-STATUTE-

(a) Sections 2161 to 2165 of this title shall not exclude the

applicable provisions of any other laws, except that no Government

agency shall take any action under such other laws inconsistent

with the provisions of those sections.

(b) The Commission shall have no power to control or restrict the

dissemination of information other than as granted by this or any

other law.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 146, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 943; renumbered title I, Pub. L.

102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1810(b)(6) of this title, prior to the general amendment and

renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

-TRANS-

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.

-End-

-CITE-

42 USC Sec. 2167 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER XI - CONTROL OF INFORMATION

-HEAD-

Sec. 2167. Safeguards information

-STATUTE-

(a) Confidentiality of certain types of information; issuance of

regulations and orders; considerations for exercise of

Commission's authority; disclosure of routes and quantities of

shipment; civil penalties; withholding of information from

Congressional committees

In addition to any other authority or requirement regarding

protection from disclosure of information, and subject to

subsection (b)(3) of section 552 of title 5, the Commission shall

prescribe such regulations, after notice and opportunity for public

comment, or issue such orders, as necessary to prohibit the

unauthorized disclosure of safeguards information which

specifically identifies a licensee's or applicant's detailed -

(1) control and accounting procedures or security measures

(including security plans, procedures, and equipment) for the

physical protection of special nuclear material, by whomever

possessed, whether in transit or at fixed sites, in quantities

determined by the Commission to be significant to the public

health and safety or the common defense and security;

(2) security measures (including security plans, procedures,

and equipment) for the physical protection of source material or

byproduct material, by whomever possessed, whether in transit or

at fixed sites, in quantities determined by the Commission to be

significant to the public health and safety or the common defense

and security; or

(3) security measures (including security plans, procedures,

and equipment) for the physical protection of and the location of

certain plant equipment vital to the safety of production or

utilization facilities involving nuclear materials covered by

paragraphs (1) and (2) (!1)

if the unauthorized disclosure of such information could reasonably

be expected to have a significant adverse effect on the health and

safety of the public or the common defense and security by

significantly increasing the likelihood of theft, diversion, or

sabotage of such material or such facility. The Commission shall

exercise the authority of this subsection -

(A) so as to apply the minimum restrictions needed to protect

the health and safety of the public or the common defense and

security, and

(B) upon a determination that the unauthorized disclosure of

such information could reasonably be expected to have a

significant adverse effect on the health and safety of the public

or the common defense and security by significantly increasing

the likelihood of theft, diversion, or sabotage of such material

or such facility.

Nothing in this chapter shall authorize the Commission to prohibit

the public disclosure of information pertaining to the routes and

quantities of shipments of source material, by-product material,

high level nuclear waste, or irradiated nuclear reactor fuel. Any

person, whether or not a licensee of the Commission, who violates

any regulation adopted under this section shall be subject to the

civil monetary penalties of section 2282 of this title. Nothing in

this section shall be construed to authorize the withholding of

information from the duly authorized committees of the Congress.

(b) Regulations or orders issued under this section and section

2201(b) of this title for purposes of section 2273 of this title

For the purposes of section 2273 of this title, any regulations

or orders prescribed or issued by the Commission under this section

shall also be deemed to be prescribed or issued under section

2201(b) of this title.

(c) Judicial review

Any determination by the Commission concerning the applicability

of this section shall be subject to judicial review pursuant to

subsection (a)(4)(B) of section 552 of title 5.

(d) Reports to Congress; contents

Upon prescribing or issuing any regulation or order under

subsection (a) of this section, the Commission shall submit to

Congress a report that:

(1) specifically identifies the type of information the

Commission intends to protect from disclosure under the

regulation or order;

(2) specifically states the Commission's justification for

determining that unauthorized disclosure of the information to be

protected from disclosure under the regulation or order could

reasonably be expected to have a significant adverse effect on

the health and safety of the public or the common defense and

security by significantly increasing the likelihood of theft,

diversion, or sabotage of such material or such facility, as

specified under subsection (a) of this section; and

(3) provides justification, including proposed alternative

regulations or orders, that the regulation or order applies only

the minimum restrictions needed to protect the health and safety

of the public or the common defense and security.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 147, as added Pub. L. 96-295,

title II, Sec. 207(a)(1), June 30, 1980, 94 Stat. 788; renumbered

title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992,

106 Stat. 2944.)

-COD-

CODIFICATION

Subsection (e) of this section, which required the Commission to

submit to Congress on a quarterly basis a report detailing the

Commission's application during that period of every regulation or

order prescribed or issued under this section, terminated,

effective May 15, 2000, pursuant to section 3003 of Pub. L. 104-66,

as amended, set out as a note under section 1113 of Title 31, Money

and Finance. See, also, item 7 on page 186 of House Document No.

103-7.

-TRANS-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2169, 2231, 2286b, 2297f

of this title.

-FOOTNOTE-

(!1) So in original. Probably should be followed by a semicolon.

-End-

-CITE-

42 USC Sec. 2168 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER XI - CONTROL OF INFORMATION

-HEAD-

Sec. 2168. Dissemination of unclassified information

-STATUTE-

(a) Dissemination prohibited; rules and regulations; determinations

of Secretary prerequisite to issuance of prohibiting regulations

or orders; criteria

(1) In addition to any other authority or requirement regarding

protection from dissemination of information, and subject to

section 552(b)(3) of title 5, the Secretary of Energy (hereinafter

in this section referred to as the "Secretary"), with respect to

atomic energy defense programs, shall prescribe such regulations,

after notice and opportunity for public comment thereon, or issue

such orders as may be necessary to prohibit the unauthorized

dissemination of unclassified information pertaining to -

(A) the design of production facilities or utilization

facilities;

(B) security measures (including security plans, procedures,

and equipment) for the physical protection of (i) production or

utilization facilities, (ii) nuclear material contained in such

facilities, or (iii) nuclear material in transit; or

(C) the design, manufacture, or utilization of any atomic

weapon or component if the design, manufacture, or utilization of

such weapon or component was contained in any information

declassified or removed from the Restricted Data category by the

Secretary (or the head of the predecessor agency of the

Department of Energy) pursuant to section 2162 of this title.

(2) The Secretary may prescribe regulations or issue orders under

paragraph (1) to prohibit the dissemination of any information

described in such paragraph only if and to the extent that the

Secretary determines that the unauthorized dissemination of such

information could reasonably be expected to have a significant

adverse effect on the health and safety of the public or the common

defense and security by significantly increasing the likelihood of

(A) illegal production of nuclear weapons, or (B) theft, diversion,

or sabotage of nuclear materials, equipment, or facilities.

(3) In making a determination under paragraph (2), the Secretary

may consider what the likelihood of an illegal production, theft,

diversion, or sabotage referred to in such paragraph would be if

the information proposed to be prohibited from dissemination under

this section were at no time available for dissemination.

(4) The Secretary shall exercise his authority under this

subsection to prohibit the dissemination of any information

described in paragraph (1) of this subsection -

(A) so as to apply the minimum restrictions needed to protect

the health and safety of the public or the common defense and

security; and

(B) upon a determination that the unauthorized dissemination of

such information could reasonably be expected to result in a

significant adverse effect on the health and safety of the public

or the common defense and security by significantly increasing

the likelihood of (i) illegal production of nuclear weapons, or

(ii) theft, diversion, or sabotage of nuclear materials,

equipment, or facilities.

(5) Nothing in this section shall be construed to authorize the

Secretary to authorize the withholding of information from the

appropriate committees of the Congress.

(b) Civil penalties

(1) Any person who violates any regulation or order of the

Secretary issued under this section with respect to the

unauthorized dissemination of information shall be subject to a

civil penalty, to be imposed by the Secretary, of not to exceed

$100,000 for each such violation. The Secretary may compromise,

mitigate, or remit any penalty imposed under this subsection.

(2) The provisions of subsections (b) and (c) of section 2282 of

this title, shall be applicable with respect to the imposition of

civil penalties by the Secretary under this section in the same

manner that such provisions are applicable to the imposition of

civil penalties by the Commission under subsection (a) of such

section.

(c) Criminal penalties

For the purposes of section 2273 of this title, any regulation

prescribed or order issued by the Secretary under this section

shall also be deemed to be prescribed or issued under section

2201(b) of this title.

(d) Judicial review

Any determination by the Secretary concerning the applicability

of this section shall be subject to judicial review pursuant to

section 552(a)(4)(B) of title 5.

(e) Quarterly reports for interested persons; contents

The Secretary shall prepare on a quarterly basis a report to be

made available upon the request of any interested person, detailing

the Secretary's application during that period of each regulation

or order prescribed or issued under this section. In particular,

such report shall -

(1) identify any information protected from disclosure pursuant

to such regulation or order;

(2) specifically state the Secretary's justification for

determining that unauthorized dissemination of the information

protected from disclosure under such regulation or order could

reasonably be expected to have a significant adverse effect on

the health and safety of the public or the common defense and

security by significantly increasing the likelihood of illegal

production of nuclear weapons, or theft, diversion, or sabotage

of nuclear materials, equipment, or facilities, as specified

under subsection (a) of this section; and

(3) provide justification that the Secretary has applied such

regulation or order so as to protect from disclosure only the

minimum amount of information necessary to protect the health and

safety of the public or the common defense and security.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 148, as added Pub. L. 97-90,

title II, Sec. 210(a)(1), Dec. 4, 1981, 95 Stat. 1169; amended Pub.

L. 97-415, Sec. 17, Jan. 4, 1983, 96 Stat. 2076; renumbered title

I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106

Stat. 2944.)

-MISC1-

AMENDMENTS

1983 - Subsec. (a)(1). Pub. L. 97-415, Sec. 17(a), inserted ",

with respect to atomic energy defense programs," after

"(hereinafter in this section referred to as the 'Secretary')".

Subsecs. (d), (e). Pub. L. 97-415, Sec. 17(b), added subsecs. (d)

and (e).

-TRANS-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2231, 2286b of this

title.

-End-

-CITE-

42 USC Sec. 2169 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER XI - CONTROL OF INFORMATION

-HEAD-

Sec. 2169. Fingerprinting for criminal history record checks

-STATUTE-

(a) Persons subject to fingerprinting; submission of fingerprints

to Attorney General; costs; results of check

The Nuclear Regulatory Commission (in this section referred to as

the "Commission") shall require each licensee or applicant for a

license to operate a utilization facility under section 2133 or

2134(b) of this title to fingerprint each individual who is

permitted unescorted access to the facility or is permitted access

to safeguards information under section 2167 of this title. All

fingerprints obtained by a licensee or applicant as required in the

preceding sentence shall be submitted to the Attorney General of

the United States through the Commission for identification and a

criminal history records check. The costs of any identification and

records check conducted pursuant to the preceding sentence shall be

paid by the licensee or applicant. Notwithstanding any other

provision of law, the Attorney General may provide all the results

of the search to the Commission, and, in accordance with

regulations prescribed under this section, the Commission may

provide such results to the licensee or applicant submitting such

fingerprints.

(b) Waiver

The Commission, by rule, may relieve persons from the obligations

imposed by this section, upon specified terms, conditions, and

periods, if the Commission finds that such action is consistent

with its obligations to promote the common defense and security and

to protect the health and safety of the public.

(c) Regulations

For purposes of administering this section, the Commission shall

prescribe, subject to public notice and comment, regulations -

(1) to implement procedures for the taking of fingerprints;

(2) to establish the conditions for use of information received

from the Attorney General, in order -

(A) to limit the redissemination of such information;

(B) to ensure that such information is used solely for the

purpose of determining whether an individual shall be permitted

unescorted access to the facility of a licensee or applicant or

shall be permitted access to safeguards information under

section 2167 of this title;

(C) to ensure that no final determination may be made solely

on the basis of information provided under this section

involving -

(i) an arrest more than 1 year old for which there is no

information of the disposition of the case; or

(ii) an arrest that resulted in dismissal of the charge or

an acquittal; and

(D) to protect individuals subject to fingerprinting under

this section from misuse of the criminal history records; and

(3) to provide each individual subject to fingerprinting under

this section with the right to complete, correct, and explain

information contained in the criminal history records prior to

any final adverse determination.

(d) Processing fees; use of amounts collected

(1) The Commission may establish and collect fees to process

fingerprints and criminal history records under this section.

(2) Notwithstanding section 3302(b) of title 31, and to the

extent approved in appropriation Acts -

(A) a portion of the amounts collected under this subsection in

any fiscal year may be retained and used by the Commission to

carry out this section; and

(B) the remaining portion of the amounts collected under this

subsection in such fiscal year may be transferred periodically to

the Attorney General and used by the Attorney General to carry

out this section.

(3) Any amount made available for use under paragraph (2) shall

remain available until expended.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 149, as added Pub. L. 99-399,

title VI, Sec. 606(a), Aug. 27, 1986, 100 Stat. 876; renumbered

title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992,

106 Stat. 2944.)

-MISC1-

EFFECTIVE DATE

Section 606(b) of Pub. L. 99-399 provided that: "The provisions

of subsection a. of section 149 of the Atomic Energy Act of 1954

[subsec. (a) of this section], as added by this Act, shall take

effect upon the promulgation of regulations by the Nuclear

Regulatory Commission as set forth in subsection c. of such section

[subsec. (c) of this section]. Such regulations shall be

promulgated not later than 6 months after the date of the enactment

of this Act [Aug. 27, 1986]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5852 of this title.

-End-

-CITE-

42 USC SUBCHAPTER XII - PATENTS AND INVENTIONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER XII - PATENTS AND INVENTIONS

-HEAD-

SUBCHAPTER XII - PATENTS AND INVENTIONS

-End-

-CITE-

42 USC Sec. 2181 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER XII - PATENTS AND INVENTIONS

-HEAD-

Sec. 2181. Inventions relating to atomic weapons, and filing of

reports

-STATUTE-

(a) Denial of patent; revocation of prior patents

No patent shall hereafter be granted for any invention or

discovery which is useful solely in the utilization of special

nuclear material or atomic energy in an atomic weapon. Any patent

granted for any such invention or discovery is revoked, and just

compensation shall be made therefor.

(b) Denial of rights; revocation of prior rights

No patent hereafter granted shall confer any rights with respect

to any invention or discovery to the extent that such invention or

discovery is used in the utilization of special nuclear material or

atomic energy in atomic weapons. Any rights conferred by any patent

heretofore granted for any invention or discovery are revoked to

the extent that such invention or discovery is so used, and just

compensation shall be made therefor.

(c) Report of invention to Under Secretary of Commerce for

Intellectual Property and Director of the United States Patent

and Trademark Office

Any person who has made or hereafter makes any invention or

discovery useful in the production or utilization of special

nuclear material or atomic energy, shall file with the Commission a

report containing a complete description thereof unless such

invention or discovery is described in an application for a patent

filed with the Under Secretary of Commerce for Intellectual

Property and Director of the United States Patent and Trademark

Office by such person within the time required for the filing of

such report. The report covering any such invention or discovery

shall be filed on or before the one hundred and eightieth day after

such person first discovers or first has reason to believe that

such invention or discovery is useful in such production or

utilization.

(d) Report to Commission by Under Secretary of Commerce for

Intellectual Property and Director of the United States Patent

and Trademark Office

The Under Secretary of Commerce for Intellectual Property and

Director of the United States Patent and Trademark Office shall

notify the Commission of all applications for patents heretofore or

hereafter filed which, in his opinion, disclose inventions or

discoveries required to be reported under subsection (c) of this

section, and shall provide the Commission access to all such

applications.

(e) Confidential information; circumstances permitting disclosure

Reports filed pursuant to subsection (c) of this section, and

applications to which access is provided under subsection (d) of

this section, shall be kept in confidence by the Commission, and no

information concerning the same given without authority of the

inventor or owner unless necessary to carry out the provisions of

any Act of Congress or in such special circumstances as may be

determined by the Commission.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 151, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 943; amended Pub. L. 87-206, Secs. 7-9,

Sept. 6, 1961, 75 Stat. 477; renumbered title I, Pub. L. 102-486,

title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L.

106-113, div. B, Sec. 1000(a)(9) [title IV, Sec. 4732(b)(18)], Nov.

29, 1999, 113 Stat. 1536, 1501A-585.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1811(a) of this title, prior to the general amendment and

renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

AMENDMENTS

1999 - Subsecs. (c), (d). Pub. L. 106-113 substituted "Under

Secretary of Commerce for Intellectual Property and Director of the

United States Patent and Trademark Office" for "Commissioner of

Patents".

1961 - Pub. L. 87-206, Sec. 7, substituted provision concerning

inventions relating to atomic weapons and filing of reports for

provision relating to military utilization in section catchline.

Subsec. (c). Pub. L. 87-206, Sec. 8, struck out designation as

cl. (1) of provision relating to production or utilization of

special nuclear material or atomic energy and cls. (2) and (3)

relating to utilization of special nuclear material in an atomic

weapon and utilization of atomic energy in an atomic weapon,

respectively, and substituted "the one hundred and eightieth day"

for "whichever of the following is the later: either the ninetieth

day after completion of such invention or discovery; or the

ninetieth day".

Subsec. (e). Pub. L. 87-206, Sec. 9, added subsec. (e).

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,

1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L.

106-113, set out as a note under section 1 of Title 35, Patents.

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See, also, notes set out

under those sections.

-MISC2-

EMERGENCY RELIEF FROM POSTAL SITUATION AFFECTING ATOMIC ENERGY

CASES

Excusal of delayed fees or actions affected by postal situation

beginning on Mar. 18, 1970, and ending on or about Mar. 30, 1970,

see note set out under section 111 of Title 35, Patents.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2187, 2190 of this title.

-End-

-CITE-

42 USC Sec. 2182 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER XII - PATENTS AND INVENTIONS

-HEAD-

Sec. 2182. Inventions conceived during Commission contracts;

ownership; waiver; hearings

-STATUTE-

Any invention or discovery, useful in the production or

utilization of special nuclear material or atomic energy, made or

conceived in the course of or under any contract, subcontract, or

arrangement entered into with or for the benefit of the Commission,

regardless of whether the contract, subcontract, or arrangement

involved the expenditure of funds by the Commission, shall be

vested in, and be the property of, the Commission, except that the

Commission may waive its claim to any such invention or discovery

under such circumstances as the Commission may deem appropriate,

consistent with the policy of this section. No patent for any

invention or discovery, useful in the production or utilization of

special nuclear material or atomic energy, shall be issued unless

the applicant files with the application, or within thirty days

after request therefor by the Under Secretary of Commerce for

Intellectual Property and Director of the United States Patent and

Trademark Office (unless the Commission advises the Under Secretary

of Commerce for Intellectual Property and Director of the United

States Patent and Trademark Office that its rights have been

determined and that accordingly no statement is necessary) a

statement under oath setting forth the full facts surrounding the

making or conception of the invention or discovery described in the

application and whether the invention or discovery was made or

conceived in the course of or under any contract, subcontract, or

arrangement entered into with or for the benefit of the Commission,

regardless of whether the contract, subcontract, or arrangement

involved the expenditure of funds by the Commission. The Under

Secretary of Commerce for Intellectual Property and Director of the

United States Patent and Trademark Office shall as soon as the

application is otherwise in condition for allowance forward copies

of the application and the statement to the Commission.

The Under Secretary of Commerce for Intellectual Property and

Director of the United States Patent and Trademark Office may

proceed with the application and issue the patent to the applicant

(if the invention or discovery is otherwise patentable) unless the

Commission, within 90 days after receipt of copies of the

application and statement, directs the Under Secretary of Commerce

for Intellectual Property and Director of the United States Patent

and Trademark Office to issue the patent to the Commission (if the

invention or discovery is otherwise patentable) to be held by the

Commission as the agent of and on behalf of the United States.

If the Commission files such a direction with the Under Secretary

of Commerce for Intellectual Property and Director of the United

States Patent and Trademark Office, and if the applicant's

statement claims, and the applicant still believes, that the

invention or discovery was not made or conceived in the course of

or under any contract, subcontract or arrangement entered into with

or for the benefit of the Commission entitling the Commission to

the title to the application or the patent the applicant may,

within 30 days after notification of the filing of such a

direction, request a hearing before the Board of Patent Appeals and

Interferences. The Board shall have the power to hear and determine

whether the Commission was entitled to the direction filed with the

Under Secretary of Commerce for Intellectual Property and Director

of the United States Patent and Trademark Office. The Board shall

follow the rules and procedures established for interference cases

and an appeal may be taken by either the applicant or the

Commission from the final order of the Board to the United States

Court of Appeals for the Federal Circuit in accordance with the

procedures governing the appeals from the Board of Patent Appeals

and Interferences.

If the statement filed by the applicant should thereafter be

found to contain false material statements any notification by the

Commission that it has no objections to the issuance of a patent to

the applicant shall not be deemed in any respect to constitute a

waiver of the provisions of this section or of any applicable civil

or criminal statute, and the Commission may have the title to the

patent transferred to the Commission on the records of the Under

Secretary of Commerce for Intellectual Property and Director of the

United States Patent and Trademark Office in accordance with the

provisions of this section. A determination of rights by the

Commission pursuant to a contractual provision or other arrangement

prior to the request of the Under Secretary of Commerce for

Intellectual Property and Director of the United States Patent and

Trademark Office for the statement, shall be final in the absence

of false material statements or nondisclosure of material facts by

the applicant.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 152, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 944; amended Pub. L. 87-206, Sec. 10,

Sept. 6, 1961, 75 Stat. 477; Pub. L. 87-615, Sec. 11, Aug. 29,

1962, 76 Stat. 411; Pub. L. 97-164, title I, Sec. 162(2), Apr. 2,

1982, 96 Stat. 49; Pub. L. 98-622, title II, Sec. 205(b), Nov. 8,

1984, 98 Stat. 3388; renumbered title I, Pub. L. 102-486, title IX,

Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 106-113,

div. B, Sec. 1000(a)(9) [title IV, Sec. 4732(b)(19)], Nov. 29,

1999, 113 Stat. 1536, 1501A-585.)

-MISC1-

AMENDMENTS

1999 - Pub. L. 106-113 substituted "Under Secretary of Commerce

for Intellectual Property and Director of the United States Patent

and Trademark Office" for "Commissioner of Patents" wherever

appearing.

1984 - Pub. L. 98-622, in third par., substituted "the Board of

Patent Appeals and Interferences" for "a Board of Patent

Interferences" and "the Board of Patent Interferences".

1982 - Pub. L. 97-164 substituted "United States Court of Appeals

for the Federal Circuit" for "Court of Customs and Patent Appeals"

in third par.

1962 - Pub. L. 87-615 substituted "allowance" for "allowances"

before "forward copies of the application" in first par.

1961 - Pub. L. 87-206 clarified language concerning Commission's

patent rights on inventions made or conceived under contract,

subcontract, or arrangement with Commission, striking out language

extending Commission's patent rights to other relationships and

activities in connection with Commission contracts, provided for

waiver of patent rights consistent with the policy of this section

and for finality of determinations of Commission, and dispensed

with need for statement to Commissioner of Patents under certain

circumstances.

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,

1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L.

106-113, set out as a note under section 1 of Title 35, Patents.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-622, effective three months after Nov. 8,

1984, see section 207 of Pub. L. 98-622, set out as a note under

section 41 of Title 35, Patents.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section

402 of Pub. L. 97-164, set out as a note under section 171 of Title

28, Judiciary and Judicial Procedure.

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See, also, notes set out

under those sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7261a of this title; title

35 section 210.

-End-

-CITE-

42 USC Sec. 2183 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER XII - PATENTS AND INVENTIONS

-HEAD-

Sec. 2183. Nonmilitary utilization

-STATUTE-

(a) Declaration of public interest

The Commission may, after giving the patent owner an opportunity

for a hearing, declare any patent to be affected with the public

interest if (1) the invention or discovery covered by the patent is

of primary importance in the production or utilization of special

nuclear material or atomic energy; and (2) the licensing of such

invention or discovery under this section is of primary importance

to effectuate the policies and purposes of this chapter.

(b) Action by Commission

Whenever any patent has been declared affected with the public

interest, pursuant to subsection (a) of this section -

(1) the Commission is licensed to use the invention or

discovery covered by such patent in performing any of its powers

under this chapter; and

(2) any person may apply to the Commission for a nonexclusive

patent license to use the invention or discovery covered by such

patent, and the Commission shall grant such patent license to the

extent that it finds that the use of the invention or discovery

is of primary importance to the conduct of an activity by such

person authorized under this chapter.

(c) Application for patent

Any person -

(1) who has made application to the Commission for a license

under sections 2073, 2092, 2093, 2111, 2133 or 2134 of this

title, or a permit or lease under section 2097 of this title;

(2) to whom such license, permit, or lease has been issued by

the Commission;

(3) who is authorized to conduct such activities as such

applicant is conducting or proposes to conduct under a general

license issued by the Commission under sections 2092 or 2111 of

this title; or

(4) whose activities or proposed activities are authorized

under section 2051 of this title,

may at any time make application to the Commission for a patent

license for the use of an invention or discovery useful in the

production or utilization of special nuclear material or atomic

energy covered by a patent. Each such application shall set forth

the nature and purpose of the use which the applicant intends to

make of the patent license, the steps taken by the applicant to

obtain a patent license from the owner of the patent, and a

statement of the effects, as estimated by the applicant, on the

authorized activities which will result from failure to obtain such

patent license and which will result from the granting of such

patent license.

(d) Hearings

Whenever any person has made an application to the Commission for

a patent license pursuant to subsection (c) of this section -

(1) the Commission, within 30 days after the filing of such

application, shall make available to the owner of the patent all

of the information contained in such application, and shall

notify the owner of the patent of the time and place at which a

hearing will be held by the Commission;

(2) the Commission shall hold a hearing within 60 days after

the filing of such application at a time and place designated by

the Commission; and

(3) in the event an applicant applies for two or more patent

licenses, the Commission may, in its discretion, order the

consolidation of such applications, and if the patents are owned

by more than one owner, such owners may be made parties to one

hearing.

(e) Commission's findings

If, after any hearing conducted pursuant to subsection (d) of

this section, the Commission finds that -

(1) the invention or discovery covered by the patent is of

primary importance in the production or utilization of special

nuclear material or atomic energy;

(2) the licensing of such invention or discovery is of primary

importance to the conduct of the activities of the applicant;

(3) the activities to which the patent license are proposed to

be applied by such applicant are of primary importance to the

furtherance of policies and purposes of this chapter; and

(4) such applicant cannot otherwise obtain a patent license

from the owner of the patent on terms which the Commission deems

to be reasonable for the intended use of the patent to be made by

such applicant,

the Commission shall license the applicant to use the invention or

discovery covered by the patent for the purposes stated in such

application on terms deemed equitable by the Commission and

generally not less fair than those granted by the patentee or by

the Commission to similar licensees for comparable use.

(f) Limitations on issuance of patent

The Commission shall not grant any patent license pursuant to

subsection (e) of this section for any other purpose than that

stated in the application. Nor shall the Commission grant any

patent license to any other applicant for a patent license on the

same patent without an application being made by such applicant

pursuant to subsection (c) of this section, and without separate

notification and hearing as provided in subsection (d) of this

section, and without a separate finding as provided in subsection

(e) of this section.

(g) Royalty fees

The owner of the patent affected by a declaration or a finding

made by the Commission pursuant to subsection (b) or (e) of this

section shall be entitled to a reasonable royalty fee from the

licensee for any use of an invention or discovery licensed by this

section. Such royalty fee may be agreed upon by such owner and the

patent licensee, or in the absence of such agreement shall be

determined for each patent license by the Commission pursuant to

section 2187(c) of this title.

(h) Effective period

The provisions of this section shall apply to any patent the

application for which shall have been filed before September 1,

1979.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 153, as added Aug. 20, 1954,

ch. 1073, Sec. 1, 68 Stat. 945; amended Pub. L. 86-50, Sec. 114,

June 23, 1959, 73 Stat. 87; Pub. L. 88-394, Sec. 1, Aug. 1, 1964,

78 Stat. 376; Pub. L. 91-161, Sec. 1, Dec. 24, 1969, 83 Stat. 444;

Pub. L. 93-377, Sec. 6, Aug. 17, 1974, 88 Stat. 475; renumbered

title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992,

106 Stat. 2944.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1811(c)(1), (2) of this title, prior to the general amendment and

renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

AMENDMENTS

1974 - Subsec. (h). Pub. L. 93-377 substituted "September 1,

1979" for "September 1, 1974".

1969 - Subsec. (h). Pub. L. 91-161 substituted "September 1,

1974" for "September 1, 1969".

1964 - Subsec. (h). Pub. L. 88-394 substituted "September 1,

1969" for "September 1, 1964".

1959 - Subsec. (h). Pub. L. 86-50 substituted "September 1, 1964"

for "September 1, 1959".

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See, also, notes set out

under those sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2184, 2186, 2187, 2239 of

this title.

-End-

-CITE-

42 USC Sec. 2184 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER XII - PATENTS AND INVENTIONS

-HEAD-

Sec. 2184. Injunctions; measure of damages

-STATUTE-

No court shall have jurisdiction or power to stay, restrain, or

otherwise enjoin the use of any invention or discovery by a patent

licensee, to the extent that such use is licensed by section

2183(b) or 2183(e) of this title. If, in any action against such

patent licensee, the court shall determine that the defendant is

exercising such license, the measure of damages shall be the

royalty fee determined pursuant to section 2187(c) of this title,

together with such costs, interest, and reasonable attorney's fees

as may be fixed by the court. If no royalty fee has been

determined, the court shall stay the proceeding until the royalty

fee is determined pursuant to section 2187(c) of this title. If any

such patent licensee shall fail to pay such royalty fee, the

patentee may bring an action in any court of competent jurisdiction

for such royalty fee, together with such costs, interest, and

reasonable attorney's fees as may be fixed by the court.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 154, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 946; renumbered title I, Pub. L.

102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1811(c)(3) of this title, prior to the general amendment and

renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See, also, notes set out

under those sections.

-End-

-CITE-

42 USC Sec. 2185 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER XII - PATENTS AND INVENTIONS

-HEAD-

Sec. 2185. Prior art

-STATUTE-

In connection with applications for patents covered by this

subchapter, the fact that the invention or discovery was known or

used before shall be a bar to the patenting of such invention or

discovery even though such prior knowledge or use was under secrecy

within the atomic energy program of the United States.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 155, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 947; renumbered title I, Pub. L.

102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See, also, notes set out

under those sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2190 of this title.

-End-

-CITE-

42 USC Sec. 2186 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER XII - PATENTS AND INVENTIONS

-HEAD-

Sec. 2186. Commission patent licenses

-STATUTE-

The Commission shall establish standard specifications upon which

it may grant a patent license to use any patent declared to be

affected with the public interest pursuant to section 2183(a) of

this title. Such a patent license shall not waive any of the other

provisions of this chapter.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 156, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 947; amended Pub. L. 96-517, Sec. 7(a),

Dec. 12, 1980, 94 Stat. 3027; renumbered title I, Pub. L. 102-486,

title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-

AMENDMENTS

1980 - Pub. L. 96-517 substituted "patent declared to be

affected" for "patent held by the Commission or declared to be

affected".

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-517 effective July 1, 1981, but

implementing regulations authorized to be issued earlier, see

section 8(f) of Pub. L. 96-517, set out as a note under section 41

of Title 35, Patents.

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See, also, notes set out

under those sections.

-End-

-CITE-

42 USC Sec. 2187 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER XII - PATENTS AND INVENTIONS

-HEAD-

Sec. 2187. Compensation, awards, and royalties

-STATUTE-

(a) Patent Compensation Board

The Commission shall designate a Patent Compensation Board to

consider applications under this section. The members of the Board

shall receive a per diem compensation for each day spent in

meetings or conferences, and all members shall receive their

necessary traveling or other expenses while engaged in the work of

the Board. The members of the Board may serve as such without

regard to the provisions of sections 281, 283, or 284 (!1) of title

18, except in so far as such sections may prohibit any such member

from receiving compensation in respect of any particular matter

which directly involves the Commission or in which the Commission

is directly interested.

(b) Eligibility

(1) Any owner of a patent licensed under section 2188 or 2183(b)

or 2183(e) of this title, or any patent licensee thereunder may

make application to the Commission for the determination of a

reasonable royalty fee in accordance with such procedures as the

Commission by regulation may establish.

(2) Any person seeking to obtain the just compensation provided

in section 2181 of this title shall make application therefor to

the Commission in accordance with such procedures as the Commission

may by regulation establish.

(3) Any person making any invention or discovery useful in the

production or utilization of special nuclear material or atomic

energy, who is not entitled to compensation or a royalty therefor

under this chapter and who has complied with the provisions of

section 2181(c) of this title may make application to the

Commission for, and the Commission may grant, an award. The

Commission may also, after consultation with the General Advisory

Committee, and with the approval of the President, grant an award

for any especially meritorious contribution to the development,

use, or control of atomic energy.

(c) Standards

(1) In determining a reasonable royalty fee as provided for in

section 2183(b) or 2183(e) of this title, the Commission shall take

into consideration (A) the advice of the Patent Compensation Board;

(B) any defense, general or special, that might be pleaded by a

defendant in an action for infringement; (C) the extent to which,

if any, such patent was developed through federally financed

research; and (D) the degree of utility, novelty, and importance of

the invention or discovery, and may consider the cost to the owner

of the patent of developing such invention or discovery or

acquiring such patent.

(2) In determining what constitutes just compensation as provided

for in section 2181 of this title, or in determining the amount of

any award under subsection (b)(3) of this section, the Commission

shall take into account the considerations set forth in paragraph

(1) of this subsection and the actual use of such invention or

discovery. Such compensation may be paid by the Commission in

periodic payments or in a lump sum.

(d) Limitations

Every application under this section shall be barred unless filed

within six years after the date on which first accrues the right to

such reasonable royalty fee, just compensation, or award for which

such application is filed.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 157, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 947; amended Pub. L. 87-206, Sec. 11,

Sept. 6, 1961, 75 Stat. 478; Pub. L. 93-276, title II, Sec. 201,

May 10, 1974, 88 Stat. 119; renumbered title I, Pub. L. 102-486,

title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-REFTEXT-

REFERENCES IN TEXT

Sections 281, 283, and 284 of title 18, referred to in subsec.

(a), were repealed by Pub. L. 87-849, Sec. 2, Oct. 23, 1962, 76

Stat. 1126, except as sections 281 and 283 apply to retired

officers of the Armed Forces of the United States, and were

supplanted by sections 203, 205, and 207, respectively, of Title

18, Crimes and Criminal Procedures. For further details, see

"Exemptions" note set out under section 203 of Title 18.

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1811(e)(1) to (3) of this title, prior to the general amendment and

renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

AMENDMENTS

1974 - Subsec. (b)(3). Pub. L. 93-276 substituted "after

consultation with the General Advisory Committee" for "upon the

recommendation of the General Advisory Committee".

1961 - Subsec. (d). Pub. L. 87-206 added subsec. (d).

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. Patent Compensation Board

established by this section transferred to Energy Research and

Development Administration and functions of Atomic Energy

Commission with respect thereto transferred to Administrator by

section 5814(d) of this title. See, also, notes set out under

sections 5814 and 5841 of this title. Energy Research and

Development Administration terminated and functions vested by law

in Administrator thereof transferred to Secretary of Energy (unless

otherwise specifically provided) by sections 7151(a) and 7293 of

this title.

-MISC2-

TERMINATION OF ADVISORY COMMITTEES

Advisory committees in existence on Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period following Jan.

5, 1973, unless, in the case of a committee established by the

President or an officer of the Federal Government, such committee

is renewed by appropriate action prior to the expiration of such

2-year period, or in the case of a committee established by the

Congress, its duration is otherwise provided for by law. See

section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out

in the Appendix to Title 5, Government Organization and Employees.

-EXEC-

EX. ORD. NO. 11477. AWARDS BY COMMISSION WITHOUT APPROVAL OF

PRESIDENT

Ex. Ord. No. 11477, eff. Aug. 7, 1969, 34 F.R. 12937, provided:

By virtue of the authority vested in me by section 301 of title 3

of the United States Code, and as President of the United States,

it is ordered as follows:

The Atomic Energy Commission is hereby designated and empowered,

without approval, ratification, or other action by the President,

to grant by the unanimous affirmative vote of all of its members

not more than five awards in any calendar year, not exceeding the

sum of $5,000 each, pursuant to the last sentence of section

157b(3) of the Atomic Energy Act of 1954 (42 U.S.C. 2187(b)(3))

which authorizes the Commission to grant awards for especially

meritorious contributions to the development, use, or control of

atomic energy.

Richard Nixon.

MODIFICATION OF EXECUTIVE ORDER NO. 11477

Ex. Ord. No. 11477, Aug. 7, 1969, 34 F.R. 12937, set out as a

note above, when referring to functions of the Atomic Energy

Commission is modified to provide that all such functions shall be

exercised by the Secretary of Energy and the Nuclear Regulatory

Commission, see section 4(a)(1) of Ex. Ord. No. 12038, Feb. 3,

1978, 43 F.R. 4957, set out as a note under section 7151 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2183, 2184, 2239,

2297h-12, 5814 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-