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Title 42 — The Public Health and Welfare

Chapter 23 — Development and Control of Atomic Energy

§ 2141. Licensing by Nuclear Regulatory Commission of distribution of special nuclear material, source material, and byproduct material by Department of Energy

Statutory text

(a)

The Nuclear Regulatory Commission is authorized to license the distribution of special nuclear material, source material, and byproduct material by the Department of Energy pursuant to section 2074, 2094, and 2112 of this title, respectively, in accordance with the same procedures established by law for the export licensing of such material by any person: Provided, That nothing in this section shall require the licensing of the distribution of byproduct material by the Department of Energy under section 2112 of this title.

(b)

The Department of Energy shall not distribute any special nuclear material or source material under section 2074 or 2094 of this title other than under an export license issued by the Nuclear Regulatory Commission until (1) the Department has obtained the concurrence of the Department of State and has consulted with the Nuclear Regulatory Commission and the Department of Defense under mutually agreed procedures which shall be established within not more than ninety days after , and (2) the Department finds based on a reasonable judgment of the assurances provided and the information available to the United States Government, that the criteria in section 2156 of this title or their equivalent and any applicable criteria in section 2157 of this title are met, and that the proposed distribution would not be inimical to the common defense and security.

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 § 301(c) · 92 Stat. 120

    Enacted · 42 U.S.C. § 2141

    Aug. 1, 1946, ch. 724, title I, § 111, as added Pub. L. 95–242, title III, § 301(c), Mar. 10, 1978, 92 Stat. 125

    Source evidence

    Code source credit
    Aug. 1, 1946, ch. 724, title I, § 111, as added Pub. L. 95–242, title III, § 301(c), Mar. 10, 1978, 92 Stat. 125

    Enacted provision · exact public law section
    (c) Chapter 10 of the 1954 Act is amended by adding a new section 111 as follows: “Sec. 111. a. The Nuclear Regulatory Commission is authorized 42 USC 2141. to license the distribution of special nuclear material, source material, and byproduct material by the Department of Energy pursuant to section 54, 64, and 82 of this Act, respectively, in accordance with Supra. 42 USC 2112. the same procedures established by law for the export licensing of such material by any person: Provided, That nothing in this section shall require the licensing of the distribution of byproduct material by the Department of Energy under section 82 of tins Act. b. The Department of Energy shall not distribute any special nuclear material or source material under section 54 or 64 of this Act other than under an export license issued by the Nuclear Regulatory Commission until (1) the Department has obtained the concurrence of the Department of State and has consulted with the Arms Control and Disarmament Agency, the Nuclear Regulatory Commission, and the Department of Defense under mutually agreed procedures which shall be established within not more than ninety days after the date of enactment of this provision and (2) the Department finds based on a reasonable judgment of the assurances provided and the information available to the United States Government, that the criteria in section 127 of this Act or their equivalent and any appli- Post, p. 136. Post, p. 137. cable criteria in subsection 128 arc met, and that the proposed distribution would not be inimical to the common defense and security.”.

  2. Pub. L. 105–277 div. G title XII § 1225(d)(3) · 112 Stat. 2681

    Substituted · 42 U.S.C. § 2141(b)

    Pub. L. 105–277 substituted “the Nuclear Regulatory Commission” for “the Arms Control and Disarmament Agency, the Nuclear Regulatory Commission,”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 105–277 substituted “the Nuclear Regulatory Commission” for “the Arms Control and Disarmament Agency, the Nuclear Regulatory Commission,”.

    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.

1 of 2 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments

1998—Subsec. (b). Pub. L. 105–277 substituted “the Nuclear Regulatory Commission” for “the Arms Control and Disarmament Agency, the Nuclear Regulatory Commission,”.

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

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.

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, , 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

1946–1998 · 3 acts
  1. 1946Aug. 1, 1946, ch. 724, title I, § 111, as added Pub. L. 95–242, title III, § 301(c), , 92 Stat. 125
  2. 1992renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), , 106 Stat. 2944
  3. 1998amended Pub. L. 105–277, div. G, title XII, § 1225(d)(3), , 112 Stat. 2681–774.
Show as published

(Aug. 1, 1946, ch. 724, title I, § 111, as added Pub. L. 95–242, title III, § 301(c), , 92 Stat. 125; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), , 106 Stat. 2944; amended Pub. L. 105–277, div. G, title XII, § 1225(d)(3), , 112 Stat. 2681–774.)

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