Public Law 119-73 (01/23/2026)

42 U.S.C. § 2077

Unauthorized dealings in special nuclear material

(a)

Handling by persons

section 2073 of this titleUnless authorized by a general or specific license issued by the Commission, which the Commission is authorized to issue pursuant to , no person may transfer or receive in interstate commerce, transfer, deliver, acquire, own, possess, receive possession of or title to, or import into or export from the United States any special nuclear material.

(b)

Engagement or participation in development or production

section 2153 of this titlesection 2160 of this titleProvidedProvided furtherProvided furthersection 7172(d) of this titlesection 2141(b) of this titleIt shall be unlawful for any person to directly or indirectly engage or participate in the development or production of any special nuclear material outside of the United States except (1) as specifically authorized under an agreement for cooperation made pursuant to , including a specific authorization in a subsequent arrangement under , or (2) upon authorization by the Secretary of Energy after a determination that such activity will not be inimical to the interest of the United States: , That any such determination by the Secretary of Energy shall be made only with the concurrence of the Department of State and after consultation with the Nuclear Regulatory Commission, the Department of Commerce, and the Department of Defense. The Secretary of Energy shall, within ninety days after , establish orderly and expeditious procedures, including provision for necessary administrative actions and inter-agency memoranda of understanding, which are mutually agreeable to the Secretaries of State, Defense, and Commerce, and the Nuclear Regulatory Commission for the consideration of requests for authorization under this subsection. Such procedures shall include, at a minimum, explicit direction on the handling of such requests, express deadlines for the solicitation and collection of the views of the consulted agencies (with identified officials responsible for meeting such deadlines), an interagency coordinating authority to monitor the processing of such requests, predetermined procedures for the expeditious handling of intra-agency and inter-agency disagreements and appeals to higher authorities, frequent meetings of inter-agency administrative coordinators to review the status of all pending requests, and similar administrative mechanisms. To the extent practicable, an applicant should be advised of all the information required of the applicant for the entire process for every agency’s needs at the beginning of the process. Potentially controversial requests should be identified as quickly as possible so that any required policy decisions or diplomatic consultations can be initiated in a timely manner. An immediate effort should be undertaken to establish quickly any necessary standards and criteria, including the nature of any required assurances or evidentiary showings, for the decision required under this subsection. The processing of any request proposed and filed as of , shall not be delayed pending the development and establishment of procedures to implement the requirements of this subsection. Any trade secrets or proprietary information submitted by any person seeking an authorization under this subsection shall be afforded the maximum degree of protection allowable by law: , That the export of component parts as defined in section 2014(v)(2) or (cc)(2) of this title shall be governed by sections 2139 and 2155 of this title: , That notwithstanding , the Secretary of Energy and not the Federal Energy Regulatory Commission, shall have sole jurisdiction within the Department of Energy over any matter arising from any function of the Secretary of Energy in this section, section 2074(d), section 2094, or .

(c)

Distribution by Commission

The Commission shall not—
(1)
section 2074 of this title distribute any special nuclear material to any person for a use which is not under the jurisdiction of the United States except pursuant to the provisions of ; or
(2)
section 2073 of this title distribute any special nuclear material or issue a license pursuant to to any person within the United States if the Commission finds that the distribution of such special nuclear material or the issuance of such license would be inimical to the common defense and security or would constitute an unreasonable risk to the health and safety of the public.
(d)

Establishment of classes of special nuclear material; exemption of materials, kinds of uses and users from requirement of license

The Commission is authorized to establish classes of special nuclear material and to exempt certain classes or quantities of special nuclear material or kinds of uses or users from the requirements for a license set forth in this section when it makes a finding that the exemption of such classes or quantities of special nuclear material or such kinds of uses or users would not be inimical to the common defense and security and would not constitute an unreasonable risk to the health and safety of the public.

(e)

Transfer, etc., of special nuclear material

section 2014 of this titleSpecial nuclear material, as defined in , produced in facilities licensed under section 2133 or 2134 of this title may not be transferred, reprocessed, used, or otherwise made available by any instrumentality of the United States or any other person for nuclear explosive purposes.

Aug. 1, 1946, ch. 724Aug. 30, 1954, ch. 1073, § 168 Stat. 932Pub. L. 88–489, § 1278 Stat. 605Pub. L. 93–377, § 388 Stat. 475Pub. L. 95–242, title III, § 30292 Stat. 126Pub. L. 97–415, § 1496 Stat. 2075Pub. L. 102–486, title IX, § 902(a)(8)106 Stat. 2944Pub. L. 105–277, div. G, title XII, § 1225(d)(1)112 Stat. 2681–774Pub. L. 108–458, title VI, § 6803(a)118 Stat. 3768(, title I, § 57, as added , ; amended , , ; , , ; , , ; , , ; renumbered title I, , , ; , , ; , , .)

Editorial Notes

Prior Provisions

section 1805(a)(3) of this titleProvisions similar to this section were contained in , prior to the general amendment and renumbering of act , by act .

Amendments

Pub. L. 108–4582004—Subsec. (b). substituted “or participate in the development or production of any special nuclear material” for “in the production of any special nuclear material”.

Pub. L. 105–2771998—Subsec. (b). struck out “the Arms Control and Disarmament Agency,” after “after consultation with” in first sentence and “the Director of the Arms Control and Disarmament Agency,” after “Defense, and Commerce,” in second sentence.

Pub. L. 97–4151983—Subsec. (e). added subsec. (e).

Pub. L. 95–242section 2153 of this titlesection 2160 of this titlesection 2153 of this title1978—Subsec. (b). substituted “except (1) as specifically authorized under an agreement for cooperation made pursuant to , including a specific authorization in a subsequent arrangement under , or (2) upon authorization by the Secretary of Energy after a determination that such activity will not be inimical to the interest of the United States” for “except (1) under an agreement for cooperation made pursuant to , or (2) upon authorization by the Commission after a determination that such activity will not be inimical to the interest of the United States” in existing provisions and inserted provisos relating to determinations by the Secretary of Energy, the procedures to be followed in processing authorization requests, the export of component parts, and the jurisdiction of the Secretary of Energy.

Pub. L. 93–3771974—Subsec. (d). added subsec. (d).

Pub. L. 88–489section 2073 of this title1964— amended section generally, and among other changes, included all special nuclear materials within the section, struck out condition that such material be “the property of the United States”, included delivery, acquisition, ownership and receiving possession of or title to any special nuclear material within the acts prohibited to persons, prohibited the Commission from issuing a license pursuant to if the Commission finds that the issuance would be inimical to the common defense and security or would constitute an unreasonable risk to the health and safety of the public, and extended the power of the Commission to refuse to distribute any special nuclear material if it finds that the distribution would constitute an unreasonable risk to the health and safety of the public.

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Pub. L. 105–277section 6601 of Title 22section 1201 of Pub. L. 105–277section 6511 of Title 22Amendment by effective on earlier of , or date of abolition of the United States Arms Control and Disarmament Agency pursuant to reorganization plan described in , Foreign Relations and Intercourse, see , set out as an Effective Date note under .

Effective Date of 1978 Amendment

Pub. L. 95–242section 603(c) of Pub. L. 95–242section 3201 of Title 22Amendment by effective , except as otherwise provided and regardless of any requirement for the promulgation of implementing regulations, see , set out as an Effective Date note under , Foreign Relations and Intercourse.

Process for Review and Amendment of Part 810 Generally Authorized Destinations

Pub. L. 118–67, div. B, title I, § 105138 Stat. 1454

“(a)

Identification and Evaluation of Factors .—

42 U.S.C. 2153Not later than 90 days after the date of enactment of this Act [], the Secretary of Energy, with the concurrence of the Secretary of State, shall identify and evaluate factors, other than agreements for cooperation entered into in accordance with section 123 of the Atomic Energy Act of 1954 (), that may be used to determine a country’s generally authorized destination status under part 810 of title 10, Code of Federal Regulations, and to list such country as a generally authorized destination in Appendix A to part 810 of title 10, Code of Federal Regulations.
“(b)

Process Update .—

The Secretary of Energy shall review and, as appropriate, update the Department of Energy’s process for determining a country’s generally authorized destination status under part 810 of title 10, Code of Federal Regulations, and for listing such country as a generally authorized destination in Appendix A to part 810 of title 10, Code of Federal Regulations, taking into consideration and, as appropriate, incorporating factors identified and evaluated under subsection (a).
“(c)

Revisions to List .—

Not later than one year after the date of enactment of this Act, and at least once every 5 years thereafter, the Secretary of Energy shall, in accordance with any process updated pursuant to this section, review the list in Appendix A to part 810 of title 10, Code of Federal Regulations, and amend such list as appropriate.”
, , , provided that:

Executive Documents

Performance of Functions Pending Development of Procedures

Pub. L. 95–24292 Stat. 120section 3201 of Title 22The performance of functions under this chapter, as amended by the Nuclear Non-Proliferation Act of 1978, , , , 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 , Foreign Relations and Intercourse.