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42 U.S.C. § 2139 — Component and other parts of facilities

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2139 — Component and other parts of facilities

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Stable record: federal_law:legal_authorities:record_usc_24d0a1a53b58d29e02e0cf3c
Source file: Laws/federal/codes/united-states-code/title-42/section-2139-component-and-other-parts-of-facilities--bbbf087bea.md
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Source location: Title 42, Chapter 23, § 2139; chapter-023-development-and-control-of-atomic-energy.md

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**(a) Licenses for domestic activities** With respect to those utilization and production facilities which are so determined by the Commission pursuant to section 2014(v)(2) or 2014(cc)(2) of this title the Commission may issue general licenses for domestic activities required to be licensed under [section 2131 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2131&num=0&edition=prelim), if the Commission determines in writing that such general licensing will not constitute an unreasonable risk to the common defense and security. **(b) Export licenses** After consulting with the Secretaries of State, Energy, and Commerce, the Commission is authorized and directed to determine which component parts as defined in section 2014(v)(2) or 2014(cc)(2) of this title 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 2155(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2155/b/2&num=0&edition=prelim), no such component, substance, or item which is so determined by 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 the 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 2155 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2155&num=0&edition=prelim). **(c) Exports inimical to common defense and security of United States** 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 [section 2155(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2155/a&num=0&edition=prelim), that the export would be inimical to the common defense and security of the United States.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 6601 — Reorganization plan and report

**(a) Submission of plan and report** Not later than 60 days after October 21, 1998, the President shall transmit to the appropriate congressional committees a reorganization plan and report regarding— (1) the abolition of the United States Arms Control and Disarmament Agency, the United States Information Agency, and the United States International Development Cooperation Agency in accordance with this chapter; (2) with respect to the Agency for International Development, the consolidation and streamlining of the Agency and the transfer of certain functions of the Agency to the Department in accordance with [section 6581 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section6581&num=0&edition=prelim); (3) the termination of functions of each covered agency as may be necessary to effectuate the reorganization under this chapter, and the termination of the affairs of each agency abolished under this chapter; (4) the transfer to the Department of the functions and personnel of each covered agency consistent with the provisions of this chapter; and (5) the consolidation, reorganization, and streamlining of the Department in connection with the transfer of such functions and personnel in order to carry out such functions. **(b) Covered agencies** The agencies covered by this section are the following: (1) The United States Arms Control and Disarmament Agency. (2) The United States Information Agency. (3) The United States International Development Cooperation Agency. (4) The Agency for International Development. **(c) Plan elements** The plan transmitted under subsection (a) shall contain, consistent with this chapter, such elements as the President deems appropriate, including elements that— (1) identify the functions of eac

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 6601

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2131 — License required

It shall be unlawful, except as provided in [section 2121 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2121&num=0&edition=prelim), for any person within the United States to transfer or receive in interstate commerce, manufacture, produce, transfer, acquire, possess, use, import, or export any utilization or production facility except under and in accordance with a license issued by the Commission pursuant to section 2133 or 2134 of this title.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2131

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3201 — Programs

**(a) Energy development programs** The United States shall initiate a program, consistent with the aims of [section 3261 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3261&num=0&edition=prelim), to cooperate with developing countries for the purpose of— (1) meeting the energy needs required for the development of such countries; (2) reducing the dependence of such countries on petroleum fuels, with emphasis given to utilizing solar and other renewable energy resources; and (3) expanding the energy alternatives available to such countries. **(b) Energy assessments and cooperative projects** Such program shall include cooperation in evaluating the energy alternatives of developing countries, facilitating international trade in energy commodities, developing energy resources, and applying suitable energy technologies. The program shall include both general and country-specific energy assessments and cooperative projects in resource exploration and production, training, research and development. **(c) Exchange of scientists, technicians, and energy experts** As an integral part of such program, the Department of Energy, under the general policy guidance of the Department of State and in cooperation with the Agency for International Development and other Federal agencies as appropriate, shall initiate, as soon as practicable, a program for the exchange of United States scientists, technicians, and energy experts with those of developing countries to implement the purposes of this section. **(d) Authorization of appropriations** For the purposes of carrying out this section, there is authorized to be appropriated such sums as are contained in annual authorization Acts for the Department of Energy, including such sums which h

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3201

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 6511 — Abolition of United States Arms Control and Disarmament Agency

The United States Arms Control and Disarmament Agency is abolished.

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 6511

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2155 — Export licensing procedures

**(a) Executive branch judgment on export applications; criteria governing United States nuclear exports** No license may be issued by the Nuclear Regulatory Commission (the “Commission”) for the export of any production or utilization facility, or any source material or special nuclear material, including distributions of any material by the Department of Energy under section 2074, 2094, or 2112 of this title, for which a license is required or requested, and no exemption from any requirement for such an export license may be granted by the Commission, as the case may be, until— (1) the Commission has been notified by the Secretary of State that it is the judgment of the executive branch that the proposed export or exemption will not be inimical to the common defense and security, or that any export in the category to which the proposed export belongs would not be inimical to the common defense and security because it lacks significance for nuclear explosive purposes. The Secretary of State shall, within ninety days after March 10, 1978, 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 Energy, Defense, and Commerce, and the Nuclear Regulatory Commission, for the preparation of the executive branch judgment on export applications under this section. Such procedures shall include, at a minimum, explicit direction on the handling of such applications, express deadlines for the solicitation and collection of the views of the consulted agencies (with identified officials responsible for meeting such deadlines), an inter-agency coordinating authority to monitor the processing of such applications, predetermined procedures for

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2155

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3221 — Congressional declaration of policy

The Congress finds and declares that the proliferation of nuclear explosive devices or of the direct capability to manufacture or otherwise acquire such devices poses a grave threat to the security interests of the United States and to continued international progress toward world peace and development. Recent events emphasize the urgency of this threat and the imperative need to increase the effectiveness of international safeguards and controls on peaceful nuclear activities to prevent proliferation. Accordingly, it is the policy of the United States to— **(a)** actively pursue through international initiatives mechanisms for fuel supply assurances and the establishment of more effective international controls over the transfer and use of nuclear materials and equipment and nuclear technology for peaceful purposes in order to prevent proliferation, including the establishment of common international sanctions; **(b)** take such actions as are required to confirm the reliability of the United States in meeting its commitments to supply nuclear reactors and fuel to nations which adhere to effective non-proliferation policies by establishing procedures to facilitate the timely processing of requests for subsequent arrangements and export licenses; **(c)** strongly encourage nations which have not ratified the Treaty on the Non-Proliferation of Nuclear Weapons to do so at the earliest possible date; and **(d)** cooperate with foreign nations in identifying and adapting suitable technologies for energy production and, in particular, to identify alternative options to nuclear power in aiding such nations to meet their energy needs, consistent with the economic and material resources of those nations and environmental protection.

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3221

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2133 — Commercial licenses

**(a) Conditions** The Commission is authorized to issue licenses to persons applying therefor to transfer or receive in interstate commerce, manufacture, produce, transfer, acquire, possess, use, import, or export under the terms of an agreement for cooperation arranged pursuant to [section 2153 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2153&num=0&edition=prelim), utilization or production facilities for industrial or commercial purposes. Such licenses shall be issued in accordance with the provisions of subchapter XV and subject to such conditions as the Commission may by rule or regulation establish to effectuate the purposes and provisions of this chapter. **(b) Nonexclusive basis** The Commission shall issue such licenses on a nonexclusive basis to persons applying therefor (1) whose proposed activities will serve a useful purpose proportionate to the quantities of special nuclear material or source material to be utilized; (2) who are equipped to observe and who agree to observe such safety standards to protect health and to minimize danger to life or property as the Commission may by rule establish; and (3) who agree to make available to the Commission such technical information and data concerning activities under such licenses as the Commission may determine necessary to promote the common defense and security and to protect the health and safety of the public. All such information may be used by the Commission only for the purposes of the common defense and security and to protect the health and safety of the public. **(c) License period** Each such license shall be issued for a specified period, as determined by the Commission, depending on the type of activity to be licensed, but not exceeding forty years fr

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2133

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2134 — Medical, industrial, and commercial licenses

**(a) Medical therapy** The Commission is authorized to issue licenses to persons applying therefor for utilization facilities for use in medical therapy. In issuing such licenses the Commission is directed to permit the widest amount of effective medical therapy possible with the amount of special nuclear material available for such purposes and to impose the minimum amount of regulation consistent with its obligations under this chapter to promote the common defense and security and to protect the health and safety of the public. **(b) Industrial and commercial purposes** As provided for in subsection (b) or (c) of [section 2132 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2132&num=0&edition=prelim), or where specifically authorized by law, the Commission is authorized to issue licenses under this subsection to persons applying therefor for utilization and production facilities for industrial and commercial purposes. In issuing licenses under this subsection, the Commission shall impose the minimum amount of such regulations and terms of license as will permit the Commission to fulfill its obligations under this chapter. **(c) Research and development activities** (1) **In general** — Subject to paragraphs (2) and (3), the Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in [section 2051 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2051&num=0&edition=prelim). (2) **Regulation** — The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulf

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2134

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2139a — Regulations implementing requirements relating to licensing for components and other parts of facilities

**(a)** Omitted **(b)** The Commission, not later than one hundred and twenty days after March 10, 1978, shall publish regulations to implement the provisions of subsections (b) and (c) of [section 2139 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2139&num=0&edition=prelim). 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 March 10, 1978, 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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2139a

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5815 — Abolition and transfers

**(a) Abolition of Atomic Energy Commission** The Atomic Energy Commission is hereby abolished. Sections 2031 and 2032 of this title are repealed. **(b) Transfer or lapse of functions of Atomic Energy Commission** All other functions of the Commission, the Chairman and members of the Commission, and the officers and components of the Commission are hereby transferred or allowed to lapse pursuant to the provisions of this chapter. **(c) Functions of Atomic Energy Commission transferred to Administrator** There are hereby transferred to and vested in the Administrator all functions of the Atomic Energy Commission, the Chairman and members of the Commission, and the officers and components of the Commission, except as otherwise provided in this chapter. **(d) Transfer of General Advisory Committee, Patent Compensation Board, and Divisions of Military Application and Naval Reactors to Administration** The General Advisory Committee established pursuant to section 2036 11 See References in Text note below. of this title, the Patent Compensation Board established pursuant to [section 2187 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2187&num=0&edition=prelim), and the Divisions of Military Application and Naval Reactors established pursuant to [section 2035 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2035&num=0&edition=prelim), are transferred to the Energy Research and Development Administration and the functions of the Commission with respect thereto, and with respect to relations with the Military Liaison Committee established by section 2037 1 of this title, are transferred to the Administrator. **(e) Transfer to Administrator of certain functions of Secretary of the Interior

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5815

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