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

Page 5431 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2139 ‘‘(b) The Nuclear Regulatory Commission is author- ized and directed to undertake a study of the feasibility and value of licensing, under section 107 of the Atomic Energy Act of 1954 [this section], plant managers of uti- lization facilities and senior licensee officers respon- sible for operation of such facilities. The Commission shall report to the Congress within six months of the date of enactment of this Act [June 30, 1980] on the findings and recommendations of the study required by this subsection, and shall expeditiously implement each such recommendation not requiring legislative en- actment.’’ § 2138. Suspension of licenses during war or na- tional emergency Whenever the Congress declares that a state of war or national emergency exists, the Commis- sion is authorized to suspend any licenses grant- ed under this chapter if in its judgment such ac- tion is necessary to the common defense and se- curity. The Commission is authorized during such period, if the Commission finds it nec- essary to the common defense and security, to order the recapture of any special nuclear mate- rial or to order the operation of any facility li- censed under section 2133 or 2134 of this title, and is authorized to order the entry into any plant or facility in order to recapture such ma- terial, or to operate such facility. Just com- pensation shall be paid for any damages caused by the recapture of any special nuclear material or by the operation of any such facility. (Aug. 1, 1946, ch. 724, title I, § 108, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 939; amended Pub. L. 86–373, § 2, Sept. 23, 1959, 73 Stat. 691; renum- bered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. AMENDMENTS 1959—Pub. L. 86–373 struck out ‘‘distributed under the provisions of section 2073(a) of this title,’’ before ‘‘or to order’’. § 2139. Component and other parts of facilities (a) Licenses for domestic activities With respect to those utilization and produc- tion 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 re- quired to be licensed under section 2131 of this title, 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 au- thorized and directed to determine which com- ponent 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. Ex- cept as provided in section 2155(b)(2) of this title, no such component, substance, or item which is so determined by the Commission shall be ex- ported unless the Commission issues a general or specific license for its export after finding, based on a reasonable judgment of the assur- ances provided and other information available to the Federal Government, including the Com- mission, that the following criteria or their equivalent are met: (1) IAEA safeguards as re- quired by Article III (2) of the Treaty will be ap- plied with respect to such component, sub- stance, or item; (2) no such component, sub- stance, or item will be used for any nuclear ex- plosive device or for research on or development of any nuclear explosive device; and (3) no such component, substance, or item will be retrans- ferred 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 compo- nent, item or substance is covered by a facility license issued pursuant to section 2155 of this title. (c) Exports inimical to common defense and se- curity of United States The Commission shall not issue an export li- cense under the authority of subsection (b) if it is advised by the executive branch, in accord- ance with the procedures established under sec- tion 2155(a) of this title, that the export would be inimical to the common defense and security of the United States. (Aug. 1, 1946, ch. 724, title I, § 109, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 939; amended Pub. L. 87–615, § 9, Aug. 29, 1962, 76 Stat. 411; Pub. L. 89–645, § 1(b), Oct. 13, 1966, 80 Stat. 891; Pub. L. 95–242, title III, § 309(a), Mar. 10, 1978, 92 Stat. 141; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 105–277, div. G, title XII, § 1225(d)(2), Oct. 21, 1998, 112 Stat. 2681–774.) Editorial Notes AMENDMENTS 1998—Subsec. (b). Pub. L. 105–277 struck out ‘‘and the Director’’ after ‘‘Energy, and Commerce’’. 1978—Subsec. (a). Pub. L. 95–242 designated existing provisions as subsec. (a) and substituted ‘‘the Commis- sion may issue general licenses for domestic activities required to be licensed under section 2131 of this title, if the Commission determines in writing that such gen- eral licensing will not constitute an unreasonable risk to the common defense and security’’ for ‘‘the Commis- sion may (a) issue general licenses for activities re- quired to be licensed under section 2131 of this title, if the Commission determines in writing that such gen- eral licensing will not constitute an unreasonable risk to the common defense and security, and (b) issue li- censes for the export of such facilities, if the Commis- sion determines in writing that each export will not constitute an unreasonable risk to the common defense and security’’. Page 5432 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2139a Subsecs. (b), (c). Pub. L. 95–242 added subsecs. (b) and (c). 1966—Pub. L. 89–645 substituted ‘‘section 2014(v)(2) or 2014 (cc)(2)’’ for ‘‘section 2014(t)(2) or 2014(aa)(2)’’. 1962—Pub. L. 87–615 substituted ‘‘section 2014(t)(2) or 2014(aa)(2)’’ for ‘‘section 2014(p)(2) or 2014(v)(2)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT 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 re- organization 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 OF 1978 AMENDMENT Amendment by Pub. L. 95–242 effective Mar. 10, 1978, except as otherwise provided and regardless of any re- quirement for the promulgation of implementing regu- lations, see section 603(c) of Pub. L. 95–242, set out as an Effective Date note under section 3201 of Title 22, For- eign Relations and Intercourse. EXPORTS CONTRACTED FOR PRIOR TO NOV. 1, 1977, MADE WITHIN ONE YEAR OF MAR. 10, 1978; SAVINGS PROVISION Pub. L. 95–242, title III, § 309(d), Mar. 10, 1978, 92 Stat. 142, provided that: ‘‘The amendments to section 109 of the 1954 Act [42 U.S.C. 2139] made by this section shall not affect the approval of exports contracted for prior to November 1, 1977, which are made within one year of the date of enactment of such amendments [Mar. 10, 1978].’’ Executive Documents 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, Mar. 10, 1978, 92 Stat. 120, not to be de- layed pending development of procedures even though as many as 120 days [after Mar. 10, 1978] are allowed for establishing those procedures, see section 5(b) of Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out under section 3201 of Title 22, Foreign Relations and Inter- course. § 2139a. Regulations implementing requirements relating to licensing for components and other parts of facilities (a) Omitted (b) The Commission, not later than one hun- dred 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. 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 De- fense, 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 Commis- sion, 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 pro- vide for prior consultations by the Department of Commerce with the Department of State, the Commission, the Department of Energy, and the Department of Defense. (Pub. L. 95–242, title III, § 309(b), (c), Mar. 10, 1978, 92 Stat. 141; Pub. L. 103–236, title VII, § 714(b), Apr. 30, 1994, 108 Stat. 498; Pub. L. 105–277, div. G, title XII, § 1225(e)(4), Oct. 21, 1998, 112 Stat. 2681–775.) Editorial Notes REFERENCES IN TEXT Commission, referred to in text, is defined as mean- ing 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-Pro- liferation Act of 1978, and not as part of the Atomic En- ergy 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. AMENDMENTS 1998—Subsec. (b). Pub. L. 105–277, § 1225(e)(4)(A), sub- stituted ‘‘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 re- quired,’’ 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 Apr. 1, 1999, or date of abolition of the United States Arms Control and Disarmament Agency pursuant to re- organization 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 Mar. 10, 1978, 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 per- forming function vested in President by subsec. (c) of this section, see section 3 of Ex. Ord. No. 12058, May 11, 1978, 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, Mar. 10, 1978, 92 Stat. 120, not to be delayed pending development of procedures even though as many as 120 days [after Mar. 10, 1978] are allowed for establishing those procedures, see section 5(b) of Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out under section 3201 of Title 22, For- eign Relations and Intercourse. § 2140. Exclusions from license requirement Nothing in this subchapter shall be deemed—