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Title 42 — The Public Health and Welfare

Chapter 23 — Development and Control of Atomic Energy

§ 2139a. Regulations implementing requirements relating to licensing for components and other parts of facilities

Statutory text

(a)

Omitted

(b)

The Commission, not later than one hundred and twenty days after , shall publish regulations to implement the provisions of subsections (b) and (c) of section 2139 of this title. Among other things, these regulations shall provide for the prior consultation by the Commission with the Department of State, the Department of Energy, the Department of Defense, and the Department of Commerce.

(c)

The President, within not more than one hundred and twenty days after , shall publish procedures regarding the control by the Department of Commerce over all export items, other than those licensed by the Commission, which could be, if used for purposes other than those for which the export is intended, of significance for nuclear explosive purposes. Among other things, these procedures shall provide for prior consultations by the Department of Commerce with the Department of State, the Commission, the Department of Energy, and the Department of Defense.

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. Nuclear Non-Proliferation Act of 1978

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

    Enacted · 42 U.S.C. § 2139a

    Pub. L. 95–242, title III, § 309(b), (c), Mar. 10, 1978, 92 Stat. 141

    Source evidence

    Code source credit
    Pub. L. 95–242, title III, § 309(b), (c), Mar. 10, 1978, 92 Stat. 141

    Enacted provision · exact public law section
    (b) The Commission, not later than one hundred and twenty days Regulations. 42 USC 2139a. after the date of the enactment of this Act, shall publish regulations to implement the provisions of subsections b. and c. of section 109 of the 1954 Act, Among other things, these regulations shall provide for the Supra. prior consultation by the Commission with the Department of State, the Department of Energy, the Department of Defense, the Department of Commerce, and the Arms Control and Disarmament Agency.

  2. Arms Control and Nonproliferation Act of 1994

    Pub. L. 103–236 title VII § 714(b) · 108 Stat. 382

    Struck · 42 U.S.C. § 2139a(c)

    Pub. L. 103–236 struck out “, as required,” after “prior consultations” in last sentence

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 103–236 struck out “, as required,” after “prior consultations” in last sentence.

    Enacted provision · exact public law section
    (b) Amendment to the Nuclear Non-Proliferation Act.— Section 309(c) of the Nuclear Non-Proliferation Act of 1978 (42 U.S.C. 2139a(c)) is amended in the second sentence by striking out “, as required,”

  3. Pub. L. 105–277 § 1225(e)(4)(A) · 112 Stat. 2681

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

    Pub. L. 105–277, § 1225(e)(4)(A), substituted “and the Department of Commerce” for “the Department of Commerce, and the Arms Control and Disarmament Agency”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 105–277, § 1225(e)(4)(A), substituted “and the Department of Commerce” for “the Department of Commerce, and the Arms Control and Disarmament Agency”.

    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.

  4. Pub. L. 105–277 § 1225(e)(4)(B) · 112 Stat. 2681

    Struck · 42 U.S.C. § 2139a(c)

    Pub. L. 105–277, § 1225(e)(4)(B), struck out “the Arms Control and Disarmament Agency,” after “Department of State,”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 105–277, § 1225(e)(4)(B), struck out “the Arms Control and Disarmament Agency,” after “Department of State,”.

    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.

2 of 4 references resolved to an enrolled provision · 2 partial

Editorial Notes

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.

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. Subsec. (a) of Pub. L. 95–242 amended section 2139 of this title, and subsec. (d) is set out as a note under section 2139 of this title.

Amendments1994–1998 · 2 rounds

1998

Subsec. (b). Pub. L. 105–277, § 1225(e)(4)(A), substituted “and the Department of Commerce” for “the Department of Commerce, and the Arms Control and Disarmament Agency”.

Subsec. (c). Pub. L. 105–277, § 1225(e)(4)(B), struck out “the Arms Control and Disarmament Agency,” after “Department of State,”.

1994

Subsec. (c). Pub. L. 103–236 struck out “, as required,” after “prior consultations” in last sentence.

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–277 effective on earlier of , 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 , 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.

Executive Documents

Delegation of Functions

Secretary of Commerce to be responsible for performing function vested in President by subsec. (c) of this section, see section 3 of Ex. Ord. No. 12058, , 43 F.R. 20947, set out 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, , 92 Stat. 120, not to be delayed pending development of procedures even though as many as 120 days [after ] are allowed for establishing those procedures, see section 5(b) of Ex. Ord. No. 12058, , 43 F.R. 20947, set out under section 3201 of Title 22, Foreign Relations and Intercourse.

Credits

1978–1998 · 3 acts
  1. 1978Pub. L. 95–242, title III, § 309(b), (c), , 92 Stat. 141
  2. 1994Pub. L. 103–236, title VII, § 714(b), , 108 Stat. 498
  3. 1998Pub. L. 105–277, div. G, title XII, § 1225(e)(4), , 112 Stat. 2681–775.
Show as published

(Pub. L. 95–242, title III, § 309(b), (c), , 92 Stat. 141; Pub. L. 103–236, title VII, § 714(b), , 108 Stat. 498; Pub. L. 105–277, div. G, title XII, § 1225(e)(4), , 112 Stat. 2681–775.)

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