
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: 42USC2155a]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
          CHAPTER 23--DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
 
                        Division A--Atomic Energy
 
                 SUBCHAPTER X--INTERNATIONAL ACTIVITIES
 
Sec. 2155a. Regulations establishing Commission procedures 
        covering grant, suspension, revocation, or amendment of nuclear 
        export licenses or exemptions
        
    (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.

(Pub. L. 95-242, title III, Sec. 304(b), (c), Mar. 10, 1978, 92 Stat. 
135.)

                       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.

                          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.


                             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.

                  Section Referred to in Other Sections

    This section is referred to in section 2155 of this title.
