42 USC 2077(a)
Listed by: NARA Registry, DoD Registry, Related authorities
Designation evidence
- NARA authority row: 42 USC 2077(a) | status: Specified | banner: CUI//SP-NUC.
- DoD authority row: 42 USC 2077(a). DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: 42 USC 2077(a) | status: Specified | banner: CUI//SP-NUC
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Specified + Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
- Registry designation for this category is Specified + Basic with banner CUI.
Extracted authority meaning
- Page 4747 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2077
- Registry designation context: Specified + Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
Operating conditions
- NARA category scope used with this authority: Related to protection of information concerning nuclear reactors, materials, or security.
- DoD category scope used with this authority: Information related to protection of information concerning nuclear reactors, materials, or security.
- 42 USC 2077(a) | status: Specified | banner: CUI//SP-NUC
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Specified + Basic. Per-authority NARA status values: Specified, Basic. NARA banner marking evidence: CUI, CUI//SP-NUC. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: Related to protection of information concerning nuclear reactors, materials, or security.
- DoD category scope: Information related to protection of information concerning nuclear reactors, materials, or security.
- Extracted authority condition: Interagency review of applications for the transfer of United States civil nuclear technology (a) Report on transfers to covered foreign coun- tries Not less frequently than every 90 days, the Secretary of Energy shall submit to the appro- priate congressional committees a report that includes— (1) a description of the authorizations under section 2077(b) of this title to transfer United States civil nuclear technology to a covered foreign country during the preceding 90 days; and (2) a statement of whether any agency re- quired to be consulted under that section or pursuant to regulation objected to or sought conditions on each such transfer.
- Extracted authority condition: (2) Notification (A) In general Except as provided in subparagraph (B), not later than 14 days before making an au- thorization under section 2077(b) of this title for the transfer of a technology covered by a determination under paragraph (1) to a cov- ered foreign country, the Secretary of En- ergy shall submit to the appropriate con- gressional committees a report that in- cludes— (i) a notification of the intention of the Secretary to make the authorization for the transfer of such technology; and (ii) a statement of whether any agency required to be consulted under such sec- tion 2077(b) of this title or pursuant to reg- ulation objected to or sought conditions on the transfer.
- Extracted authority condition: Any trade secrets or proprietary in- formation submitted by any person seeking an authorization under this subsection shall be af- forded the maximum degree of protection allow- able by law: Provided further, That the export of component parts as defined in section 2014(v)(2) or (cc)(2) of this title shall be governed by sec- tions 2139 and 2155 of this title: Provided further, That notwithstanding section 7172(d) of this title, the Secretary of Energy and not the Fed- eral Energy Regulatory Commission, shall have sole jurisdiction within the Department of En- ergy over any matter arising from any function of the Secretary of Energy in this section, sec- tion 2074(d), section 2094, or section 2141(b) of this title.
- Extracted authority condition: (e) Transfer, etc., of special nuclear material Special nuclear material, as defined in section 2014 of this title, produced in facilities licensed under section 2133 or 2134 of this title may not be transferred, reprocessed, used, or otherwise made available by any instrumentality of the United States or any other person for nuclear explosive purposes.
Safeguarding and dissemination controls
- NARA registry control evidence: status Specified; banner marking CUI//SP-NUC.
- DoD applicable policies: Hosted by Department of War Information Activity - WEB.mil, ![Image 2: Veterans Crisis Line number. Dial 988 then Press 1
- Nara basic or specified: Specified + Basic
- Nara authority rows: 42 USC 2077(a) | status: Specified | banner: CUI//SP-NUC || 10 CFR 810.8 | status: Basic | banner: CUI | sanctions: 10 CFR 810.15 || 42 USC 2156 | status: Basic | banner: CUI
- Nara banner markings: CUI, CUI//SP-NUC
- Nara sanctions: 10 CFR 810.15
- Dod applicable policies: Hosted by Department of War Information Activity - WEB.mil, ![Image 2: Veterans Crisis Line number. Dial 988 then Press 1
- No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
- Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
- Extracted authority control: (d) Establishment of classes of special nuclear material; exemption of materials, kinds of uses and users from requirement of license The Commission is authorized to establish classes of special nuclear material and to ex- empt certain classes or quantities of special nu- clear material or kinds of uses or users from the requirements for a license set forth in this sec- tion when it makes a finding that the exemption of such classes or quantities of special nuclear material or such kinds of uses or users would not be inimical to the common defense and secu- rity and would not constitute an unreasonable risk to the health and safety of the public.
- Extracted authority control: Unauthorized dealings in special nuclear material (a) Handling by persons Unless authorized by a general or specific li- cense issued by the Commission, which the Com- mission is authorized to issue pursuant to sec- tion 2073 of this title, no person may transfer or receive in interstate commerce, transfer, de- liver, acquire, own, possess, receive possession of or title to, or import into or export from the United States any special nuclear material.
- Extracted authority control: (b) Determination of technologies to be pro- tected (1) In general Not later than 90 days after November 25, 2015, and every five years thereafter, the Sec- retary of Energy shall— (A) in consultation with the Secretary of State, the Secretary of Commerce, the Sec- retary of Defense, the Director of National Intelligence, and the Nuclear Regulatory Commission, determine the critical United States civil nuclear technologies that should be protected from diversion to a military program of a covered foreign country, in- cluding with respect to a naval propulsion or weapons program; and (B) notify the appropriate congressional committees with respect to the determina- tion and the technologies covered by the de- termination.
- Extracted authority control: Guaranteed purchase prices es- tablished under the authority of this section shall not exceed the Commission’s determina- tion of the estimated value of plutonium or ura- nium enriched in the isotope 233 as fuel in nu- clear reactors, and such prices shall be estab- lished on a nondiscriminatory basis: Provided, That the Commission is authorized to establish such guaranteed purchase prices only for such plutonium or uranium enriched in the isotope 233 as the Commission shall determine is pro- duced through the use of special nuclear mate- rial which was leased or sold by the Commission pursuant to section 2073 of this title.
- Extracted authority control: Interagency review of applications for the transfer of United States civil nuclear technology (a) Report on transfers to covered foreign coun- tries Not less frequently than every 90 days, the Secretary of Energy shall submit to the appro- priate congressional committees a report that includes— (1) a description of the authorizations under section 2077(b) of this title to transfer United States civil nuclear technology to a covered foreign country during the preceding 90 days; and (2) a statement of whether any agency re- quired to be consulted under that section or pursuant to regulation objected to or sought conditions on each such transfer.
Authority excerpts
Extracted authority passage 2
(d) Establishment of classes of special nuclear material; exemption of materials, kinds of uses and users from requirement of license The Commission is authorized to establish classes of special nuclear material and to ex- empt certain classes or quantities of special nu- clear material or kinds of uses or users from the requirements for a license set forth in this sec- tion when it makes a finding that the exemption of such classes or quantities of special nuclear material or such kinds of uses or users would not be inimical to the common defense and secu- rity and would not constitute an unreasonable risk to the health and safety of the public.
Extracted authority passage 3
Unauthorized dealings in special nuclear material (a) Handling by persons Unless authorized by a general or specific li- cense issued by the Commission, which the Com- mission is authorized to issue pursuant to sec- tion 2073 of this title, no person may transfer or receive in interstate commerce, transfer, de- liver, acquire, own, possess, receive possession of or title to, or import into or export from the United States any special nuclear material.
Extracted authority passage 4
(b) Determination of technologies to be pro- tected (1) In general Not later than 90 days after November 25, 2015, and every five years thereafter, the Sec- retary of Energy shall— (A) in consultation with the Secretary of State, the Secretary of Commerce, the Sec- retary of Defense, the Director of National Intelligence, and the Nuclear Regulatory Commission, determine the critical United States civil nuclear technologies that should be protected from diversion to a military program of a covered foreign country, in- cluding with respect to a naval propulsion or weapons program; and (B) notify the appropriate congressional committees with respect to the determina- tion and the technologies covered by the de- termination.
Extracted authority passage 5
Guaranteed purchase prices es- tablished under the authority of this section shall not exceed the Commission’s determina- tion of the estimated value of plutonium or ura- nium enriched in the isotope 233 as fuel in nu- clear reactors, and such prices shall be estab- lished on a nondiscriminatory basis: Provided, That the Commission is authorized to establish such guaranteed purchase prices only for such plutonium or uranium enriched in the isotope 233 as the Commission shall determine is pro- duced through the use of special nuclear mate- rial which was leased or sold by the Commission pursuant to section 2073 of this title.
Extracted authority passage 6
Interagency review of applications for the transfer of United States civil nuclear technology (a) Report on transfers to covered foreign coun- tries Not less frequently than every 90 days, the Secretary of Energy shall submit to the appro- priate congressional committees a report that includes— (1) a description of the authorizations under section 2077(b) of this title to transfer United States civil nuclear technology to a covered foreign country during the preceding 90 days; and (2) a statement of whether any agency re- quired to be consulted under that section or pursuant to regulation objected to or sought conditions on each such transfer.
10 CFR 810.8
Listed by: NARA Registry, DoD Registry, Related authorities
Designation evidence
- NARA authority row: 10 CFR 810.8 | status: Basic | banner: CUI.
- NARA sanctions field: 10 CFR 810.15.
- DoD authority row: 10 CFR 810.8. DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: 10 CFR 810.8 | status: Basic | banner: CUI | sanctions: 10 CFR 810.15
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Specified + Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling.
- Registry designation for this category is Specified + Basic with banner CUI.
Extracted authority meaning
- Department of Energy § 810.9
- Registry designation context: Specified + Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling.
Operating conditions
- NARA category scope used with this authority: Related to protection of information concerning nuclear reactors, materials, or security.
- DoD category scope used with this authority: Information related to protection of information concerning nuclear reactors, materials, or security.
- 10 CFR 810.8 | status: Basic | banner: CUI | sanctions: 10 CFR 810.15
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Specified + Basic. Per-authority NARA status values: Specified, Basic. NARA banner marking evidence: CUI, CUI//SP-NUC. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: Related to protection of information concerning nuclear reactors, materials, or security.
- DoD category scope: Information related to protection of information concerning nuclear reactors, materials, or security.
- Extracted authority condition: A general or specific authorization granted by the Secretary under this part: (a) Is limited to activities involving only unclassified information and does not permit furnishing classified infor- mation; (b) Does not relieve a person from complying with the relevant laws or the regulations of other U.S.
Safeguarding and dissemination controls
- NARA registry control evidence: status Basic; banner marking CUI.
- DoD applicable policies: Hosted by Department of War Information Activity - WEB.mil, ![Image 2: Veterans Crisis Line number. Dial 988 then Press 1
- Nara basic or specified: Specified + Basic
- Nara authority rows: 42 USC 2077(a) | status: Specified | banner: CUI//SP-NUC || 10 CFR 810.8 | status: Basic | banner: CUI | sanctions: 10 CFR 810.15 || 42 USC 2156 | status: Basic | banner: CUI
- Nara banner markings: CUI, CUI//SP-NUC
- Nara sanctions: 10 CFR 810.15
- Dod applicable policies: Hosted by Department of War Information Activity - WEB.mil, ![Image 2: Veterans Crisis Line number. Dial 988 then Press 1
- No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
- Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
- Extracted authority control: In making such a determination, the Sec- retary will take into account the fol- lowing factors: (1) Whether the United States has an agreement for cooperation in force cov- ering exports to the country or entity involved; (2) Whether the country is a party to, or has otherwise adhered to, the NPT; (3) Whether the country is in good standing with its acknowledged non- proliferation commitments; (4) Whether the country is in full compliance with its obligations under the NPT; (5) Whether the country has accepted IAEA safeguards obligations on all nu- clear materials used for peaceful pur- poses and has them in force; (6) Whether other nonproliferation controls or conditions exist on the pro- posed activity, including that the re- cipient is duly authorized by the coun- try to receive and use the technology sought to be transferred; (7) Significance of the assistance or transferred technology relative to the existing nuclear capabilities of the country; (8) Whether the transferred tech- nology is part of an existing coopera- tive enrichment enterprise or the sup- ply chain of such an enterprise; (9) The availability of comparable as- sistance or technology from other sources; and (10) Any other factors that may bear upon the political, economic, competi- tiveness, or security interests of the United States,...
- Extracted authority control: 497 Department of Energy § 810.9 (6) Reprocessing of irradiated nuclear fuel or targets containing special nu- clear material. § 810.8 Restrictions on general and specific authorization.
- Extracted authority control: For the export of sensitive nu- clear technology, in addition to the factors in paragraph (b) of this section, the Secretary will take into account: (1) Whether the country has signed, ratified, and is implementing a com- prehensive safeguards agreement with the IAEA and has in force an Addi- tional Protocol based on the Model Ad- ditional Protocol, or, pending this, in the case of a regional accounting and control arrangement for nuclear mate- rials, is implementing, in cooperation with the IAEA, a safeguards agreement approved by the IAEA Board of Gov- ernors prior to the publication of INFCIRC/540 (September 1997); or alter- natively whether comprehensive safe- guards, including the measures of the
- Extracted authority control: A general or specific authorization granted by the Secretary under this part: (a) Is limited to activities involving only unclassified information and does not permit furnishing classified infor- mation; (b) Does not relieve a person from complying with the relevant laws or the regulations of other U.S.
Authority excerpts
Most relevant extracted authority passage
In making such a determination, the Sec- retary will take into account the fol- lowing factors: (1) Whether the United States has an agreement for cooperation in force cov- ering exports to the country or entity involved; (2) Whether the country is a party to, or has otherwise adhered to, the NPT; (3) Whether the country is in good standing with its acknowledged non- proliferation commitments; (4) Whether the country is in full compliance with its obligations under the NPT; (5) Whether the country has accepted IAEA safeguards obligations on all nu- clear materials used for peaceful pur- poses and has them in force; (6) Whether other nonproliferation controls or conditions exist on the pro- posed activity, including that the re- cipient is duly authorized by the coun- try to receive and use the technology sought to be transferred; (7) Significance of the assistance or transferred technology relative to the existing nuclear capabilities of the country; (8) Whether the transferred tech- nology is part of an existing coopera- tive enrichment enterprise or the sup- ply chain of such an enterprise; (9) The availability of comparable as- sistance or technology from other sources; and (10) Any other factors that may bear upon the political, economic, competi- tiveness, or security interests of the United States,...
Extracted authority passage 2
497 Department of Energy § 810.9 (6) Reprocessing of irradiated nuclear fuel or targets containing special nu- clear material. § 810.8 Restrictions on general and specific authorization.
Extracted authority passage 3
For the export of sensitive nu- clear technology, in addition to the factors in paragraph (b) of this section, the Secretary will take into account: (1) Whether the country has signed, ratified, and is implementing a com- prehensive safeguards agreement with the IAEA and has in force an Addi- tional Protocol based on the Model Ad- ditional Protocol, or, pending this, in the case of a regional accounting and control arrangement for nuclear mate- rials, is implementing, in cooperation with the IAEA, a safeguards agreement approved by the IAEA Board of Gov- ernors prior to the publication of INFCIRC/540 (September 1997); or alter- natively whether comprehensive safe- guards, including the measures of the
Extracted authority passage 4
A general or specific authorization granted by the Secretary under this part: (a) Is limited to activities involving only unclassified information and does not permit furnishing classified infor- mation; (b) Does not relieve a person from complying with the relevant laws or the regulations of other U.S.
42 USC 2156
Listed by: NARA Registry, DoD Registry, Related authorities
Designation evidence
- NARA authority row: 42 USC 2156 | status: Basic | banner: CUI.
- DoD authority row: 42 USC 2156. DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: 42 USC 2156 | status: Basic | banner: CUI
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Specified + Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
- Registry designation for this category is Specified + Basic with banner CUI.
Extracted authority meaning
- Page 4784 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2155a
- Registry designation context: Specified + Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
Operating conditions
- NARA category scope used with this authority: Related to protection of information concerning nuclear reactors, materials, or security.
- DoD category scope used with this authority: Information related to protection of information concerning nuclear reactors, materials, or security.
- 42 USC 2156 | status: Basic | banner: CUI
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Specified + Basic. Per-authority NARA status values: Specified, Basic. NARA banner marking evidence: CUI, CUI//SP-NUC. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: Related to protection of information concerning nuclear reactors, materials, or security.
- DoD category scope: Information related to protection of information concerning nuclear reactors, materials, or security.
- Extracted authority condition: Regulations establishing Commission procedures covering grant, suspension, rev- ocation, or amendment of nuclear export li- censes or exemptions (a) Omitted (b) Within one hundred and twenty days of March 10, 1978, the Commission shall, after con- sultations with the Secretary of State, promul- gate regulations establishing procedures (1) for the granting, suspending, revoking, or amending of any nuclear export license or exemption pur- suant to its statutory authority; (2) for public participation in nuclear export licensing pro- ceedings when the Commission finds that such participation will be in the public interest and will assist the Commission in making the statu- tory determinations required by the 1954 Act, in- cluding such public hearings and access to infor- mation as the Commission deems appropriate: Provided, That judicial review as to any such finding shall be limited to the determination of whether such finding was arbitrary and capri- cious; (3) for a public written Commission opin- ion accompanied by the dissenting or separate views of any Commissioner, in those proceedings where one or more Commissioners have dissent- ing or separate views on the issuance of an ex- port license; and (4) for public notice of Commis- sion proceedings and decisions, and for recording of minutes and votes of the Commission: Pro- vided further,...
- Extracted authority condition: (c) The procedures to be established pursuant to subsection (b) shall constitute the exclusive basis for hearings in nuclear export licensing proceedings before the Commission and, not- withstanding section 189 a. of the 1954 Act [42 U.S.C. 2239(a)], shall not require the Commission to grant any person an on-the-record hearing in such a proceeding.
- Extracted authority condition: (5) No such material proposed to be exported and no special nuclear material produced through the use of such material will be re- processed, and no irradiated fuel elements con- taining such material removed from a reactor shall be altered in form or content, unless the prior approval of the United States is obtained for such reprocessing or alteration.
- Extracted authority condition: G, title XII, § 1225(e)(3), Oct. 21, 1998, 112 Stat. 2681–775.) REFERENCES INTEXT Commission, referred to in text, is defined as mean- ing the Nuclear Regulatory Commission by section 4(a)(1) of the Nuclear Non-Proliferation Act of 1978, Pub.
Safeguarding and dissemination controls
- NARA registry control evidence: status Basic; banner marking CUI.
- DoD applicable policies: Hosted by Department of War Information Activity - WEB.mil, ![Image 2: Veterans Crisis Line number. Dial 988 then Press 1
- Nara basic or specified: Specified + Basic
- Nara authority rows: 42 USC 2077(a) | status: Specified | banner: CUI//SP-NUC || 10 CFR 810.8 | status: Basic | banner: CUI | sanctions: 10 CFR 810.15 || 42 USC 2156 | status: Basic | banner: CUI
- Nara banner markings: CUI, CUI//SP-NUC
- Nara sanctions: 10 CFR 810.15
- Dod applicable policies: Hosted by Department of War Information Activity - WEB.mil, ![Image 2: Veterans Crisis Line number. Dial 988 then Press 1
- No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
- Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
- Extracted authority control: Regulations establishing Commission procedures covering grant, suspension, rev- ocation, or amendment of nuclear export li- censes or exemptions (a) Omitted (b) Within one hundred and twenty days of March 10, 1978, the Commission shall, after con- sultations with the Secretary of State, promul- gate regulations establishing procedures (1) for the granting, suspending, revoking, or amending of any nuclear export license or exemption pur- suant to its statutory authority; (2) for public participation in nuclear export licensing pro- ceedings when the Commission finds that such participation will be in the public interest and will assist the Commission in making the statu- tory determinations required by the 1954 Act, in- cluding such public hearings and access to infor- mation as the Commission deems appropriate: Provided, That judicial review as to any such finding shall be limited to the determination of whether such finding was arbitrary and capri- cious; (3) for a public written Commission opin- ion accompanied by the dissenting or separate views of any Commissioner, in those proceedings where one or more Commissioners have dissent- ing or separate views on the issuance of an ex- port license; and (4) for public notice of Commis- sion proceedings and decisions, and for recording of minutes and votes of the Commission: Pro- vided further,...
- Extracted authority control: 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.
- Extracted authority control: Regulations establishing levels of phys- ical security to protect facilities and material Within sixty days of March 10, 1978, the Com- mission shall, in consultation with the Sec- retary of State, the Secretary of Energy, and the Secretary of Defense, promulgate (and may from time to time amend) regulations establish- ing the levels of physical security which in its judgement are no less strict than those estab- lished 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 con- sideration variations in risks to security as ap- propriate.
- Extracted authority control: Criteria governing United States nuclear exports The United States adopts the following cri- teria which, in addition to other requirements of law, will govern exports for peaceful nuclear uses from the United States of source material, special nuclear material, production or utiliza- tion facilities, and any sensitive nuclear tech- nology: (1) IAEA safeguards as required by Article III(2) of the Treaty will be applied with respect to any such material or facilities proposed to be exported, to any such material or facilities previously exported and subject to the applica- ble agreement for cooperation, and to any spe- cial nuclear material used in or produced through the use thereof.
- Extracted authority control: G, title XII, § 1225(e)(3), Oct. 21, 1998, 112 Stat. 2681–775.) REFERENCES INTEXT Commission, referred to in text, is defined as mean- ing the Nuclear Regulatory Commission by section 4(a)(1) of the Nuclear Non-Proliferation Act of 1978, Pub.
Authority excerpts
Most relevant extracted authority passage
Regulations establishing Commission procedures covering grant, suspension, rev- ocation, or amendment of nuclear export li- censes or exemptions (a) Omitted (b) Within one hundred and twenty days of March 10, 1978, the Commission shall, after con- sultations with the Secretary of State, promul- gate regulations establishing procedures (1) for the granting, suspending, revoking, or amending of any nuclear export license or exemption pur- suant to its statutory authority; (2) for public participation in nuclear export licensing pro- ceedings when the Commission finds that such participation will be in the public interest and will assist the Commission in making the statu- tory determinations required by the 1954 Act, in- cluding such public hearings and access to infor- mation as the Commission deems appropriate: Provided, That judicial review as to any such finding shall be limited to the determination of whether such finding was arbitrary and capri- cious; (3) for a public written Commission opin- ion accompanied by the dissenting or separate views of any Commissioner, in those proceedings where one or more Commissioners have dissent- ing or separate views on the issuance of an ex- port license; and (4) for public notice of Commis- sion proceedings and decisions, and for recording of minutes and votes of the Commission: Pro- vided further,...
Extracted authority passage 2
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.
Extracted authority passage 3
Regulations establishing levels of phys- ical security to protect facilities and material Within sixty days of March 10, 1978, the Com- mission shall, in consultation with the Sec- retary of State, the Secretary of Energy, and the Secretary of Defense, promulgate (and may from time to time amend) regulations establish- ing the levels of physical security which in its judgement are no less strict than those estab- lished 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 con- sideration variations in risks to security as ap- propriate.
Extracted authority passage 5
Criteria governing United States nuclear exports The United States adopts the following cri- teria which, in addition to other requirements of law, will govern exports for peaceful nuclear uses from the United States of source material, special nuclear material, production or utiliza- tion facilities, and any sensitive nuclear tech- nology: (1) IAEA safeguards as required by Article III(2) of the Treaty will be applied with respect to any such material or facilities proposed to be exported, to any such material or facilities previously exported and subject to the applica- ble agreement for cooperation, and to any spe- cial nuclear material used in or produced through the use thereof.
Extracted authority passage 6
(c) The procedures to be established pursuant to subsection (b) shall constitute the exclusive basis for hearings in nuclear export licensing proceedings before the Commission and, not- withstanding section 189 a. of the 1954 Act [42 U.S.C. 2239(a)], shall not require the Commission to grant any person an on-the-record hearing in such a proceeding.