42 U.S.C. § 2141 | Licensing by Nuclear Regulatory Commission of distribution of special nuclear material, source material, and byproduct material by Department of Energy

(a)

Providedsection 2112 of this title 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: , That nothing in this section shall require the licensing of the distribution of byproduct material by the Department of Energy under .

(b)

March 10, 1978section 2156 of this title section 2157 of this title 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 or their equivalent and any applicable criteria in are met, and that the proposed distribution would not be inimical to the common defense and security.

Aug. 1, 1946, ch. 724 Pub. L. 95–242, title III, § 301(c)Mar. 10, 197892 Stat. 125 Pub. L. 102–486, title IX, § 902(a)(8)Oct. 24, 1992106 Stat. 2944 Pub. L. 105–277, div. G, title XII, § 1225(d)(3)Oct. 21, 1998112 Stat. 2681–774(, title I, § 111, as added , , ; renumbered title I, , , ; amended , , .)

Editorial Notes

Amendments

Pub. L. 105–2771998—Subsec. (b). 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

Pub. L. 105–277Apr. 1, 1999section 6601 of Title 22 section 1201 of Pub. L. 105–277 section 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

Mar. 10, 1978section 603(c) of Pub. L. 95–242 section 3201 of Title 22Section effective , except as otherwise provided and regardless of any requirements for the promulgation of implementing regulations, see , set out as a note under , Foreign Relations and Intercourse.

Executive Documents

Transfer of Functions

94 Stat. 3585 section 5841 of this titleFor transfer of certain functions from Nuclear Regulatory Commission to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45 F.R. 40561, , set out as a note under .

Performance of Functions Pending Development of Procedures

Pub. L. 95–242Mar. 10, 197892 Stat. 120Mar. 10, 1978May 11, 1978section 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.