
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC2155]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
          CHAPTER 23--DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
 
                        Division A--Atomic Energy
 
                 SUBCHAPTER X--INTERNATIONAL ACTIVITIES
 
Sec. 2155. Export licensing procedures


(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:
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    \1\ So in original. Probably should be ``can''.
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            (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.

(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.)


                               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 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.


                    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.

                          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.


                  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.

     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.

   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.

                  Section Referred to in Other Sections

    This section is referred to in sections 2077, 2139, 2153, 2157, 
2159, 2160 of this title.
