§2155a — Title 42 The Public Health and Welfare | U.S. Code

Summary

Within 120 days of March 10, 1978, after talking with the Secretary of State, the Commission must make rules about how it will grant, suspend, revoke, or change any nuclear export license or exemption. The rules must say when the public can take part in licensing (if the Commission decides it will help and is in the public interest), require a public written decision that shows any Commissioners’ dissenting views, and require public notice and recorded minutes and votes. If a court reviews the decision to allow public participation, it may only overturn that decision if it was arbitrary and capricious. Until those rules are made, the Commission will use temporary procedures. Those rules will be the only way hearings on nuclear export licensing are held, and the Commission does not have to give anyone an on-the-record hearing.

Title 42, §2155a

The Public Health and Welfare — Source: USLM XML via OLRC

(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 the 1954 Act, 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) shall constitute the exclusive basis for hearings in nuclear export licensing proceedings before the Commission and, notwithstanding 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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

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 (§ 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 section 2155 and 2156a, respectively, of this title.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Mar. 10, 1978, except as otherwise provided and regardless of any requirements for the promulgation of implementing

Regulations

, see section 603(c) of Pub. L. 95–242, set out as a note under section 3201 of Title 22, Foreign Relations and Intercourse. Definitions For definitions of terms used in this section, see section 3203 of Title 22, Foreign Relations and Intercourse.

Executive Documents

Performance of Functions Pending Development of ProceduresThe 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.

§2155a Regulations Establishing Commission Procedures Covering Grant, Suspension, Revocation, or Amendment of Nuclear Export Licenses or Exemptions