§ 2139. Component and other parts of facilities

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1946

   Pub. L. 83–724 · 68 Stat. 998

   Enacted · 42 U.S.C. § 2139

   Aug. 1, 1946, ch. 724, title I, § 109, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 939

   Source evidence

   Code source credit
   Aug. 1, 1946, ch. 724, title I, § 109, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 939

2. 1962

   Pub. L. 87–615 § 9 · 76 Stat. 409

   Substituted · 42 U.S.C. § 2139

   Pub. L. 87–615 substituted “section 2014(t)(2) or 2014(aa)(2)” for “section 2014(p)(2) or 2014(v)(2)”

   Source evidence

   Code amendment note
   Pub. L. 87–615 substituted “section 2014(t)(2) or 2014(aa)(2)” for “section 2014(p)(2) or 2014(v)(2)”.

   Enacted provision · exact public law section
   Sec. 9. Section 109 of the Atomic Enery Act of 1954 is amended by striking out the words “11p.(2) or 11v.(2)” and substituting therefor the words “11t.(2) or 11aa.(2)”.

3. 1966

   Pub. L. 89–645 § 1(b) · 80 Stat. 891

   Substituted · 42 U.S.C. § 2139

   Pub. L. 89–645 substituted “section 2014(v)(2) or 2014 (cc)(2)” for “section 2014(t)(2) or 2014(aa)(2)”

   Source evidence

   Code amendment note
   Pub. L. 89–645 substituted “section 2014(v)(2) or 2014 (cc)(2)” for “section 2014(t)(2) or 2014(aa)(2)”.

   Enacted provision · exact public law section
   (1) by redesignating subsections i. and k. as subsections k. and 1., respectively, and by redesignating subsections 1, through aa. as subsections n. through cc., respectively;

4. 1978

   Nuclear Non-Proliferation Act of 1978

   Pub. L. 95–242 title III § 309(a) · 92 Stat. 120

   1. Amended · 42 U.S.C. § 2139(a)

      Pub. L. 95–242 designated existing provisions as subsec. (a)

   2. Substituted · 42 U.S.C. § 2139(a)

      Pub. L. 95–242 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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (a) Section 109 of the 1954 Act is amended to read as 42 USC 2139. follows: “Sec. 109. Component and Other Parts of Facilities— “a. With respect to those utilization and production facilities which Domestic activities licenses, issuance authorization. 42 USC 2139. are so determined by the Commission pursuant to subsection 11 v. (2) or 11 cc. (2) the Commission may issue general licenses for domestic activities required to be licensed under section 101, if the Commission determines in writing that such general licensing will not constitute an unreasonable risk to the common defense and security. “b. After consulting with the Secretaries of State, Energy, and Export licenses. Commerce and the Director, the Commission is authorized and directed to determine which component parts as defined in subsection 11 v. (2) or 11 cc. (2) 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 126 b. (2), no such component, substance, or item which is so determined by Ante, p. 131. 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 tile 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 126 of this Act. “c. The Commission shall not issue an export license under the authority of subsection b. if it is advised by the executive branch, in accordance with the procedures established under subsection 126 a., that the export would be inimical to the common defense and security of the United States.”.

5. 1978

   Nuclear Non-Proliferation Act of 1978

   Pub. L. 95–242 title III § 309(a) · 92 Stat. 120

   Added · 42 U.S.C. § 2139(b); 42 U.S.C. § 2139(c)

   Pub. L. 95–242 added subsecs. (b) and (c)

   Source evidence

   Code amendment note
   Subsecs. (b), (c). Pub. L. 95–242 added subsecs. (b) and (c).

   Enacted provision · exact public law section
   (a) Section 109 of the 1954 Act is amended to read as 42 USC 2139. follows: “Sec. 109. Component and Other Parts of Facilities— “a. With respect to those utilization and production facilities which Domestic activities licenses, issuance authorization. 42 USC 2139. are so determined by the Commission pursuant to subsection 11 v. (2) or 11 cc. (2) the Commission may issue general licenses for domestic activities required to be licensed under section 101, if the Commission determines in writing that such general licensing will not constitute an unreasonable risk to the common defense and security. “b. After consulting with the Secretaries of State, Energy, and Export licenses. Commerce and the Director, the Commission is authorized and directed to determine which component parts as defined in subsection 11 v. (2) or 11 cc. (2) 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 126 b. (2), no such component, substance, or item which is so determined by Ante, p. 131. 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 tile 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 126 of this Act. “c. The Commission shall not issue an export license under the authority of subsection b. if it is advised by the executive branch, in accordance with the procedures established under subsection 126 a., that the export would be inimical to the common defense and security of the United States.”.

6. 1998

   Pub. L. 105–277 div. G title XII § 1225(d)(2) · 112 Stat. 2681

   Struck · 42 U.S.C. § 2139(b)

   Pub. L. 105–277 struck out “and the Director” after “Energy, and Commerce”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 105–277 struck out “and the Director” after “Energy, and Commerce”.

   Effective date note
   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.

5 of 7 references resolved to an enrolled provision · 2 partial