42 U.S.C. § 2140 — Exclusions from license requirement

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— Page 5433 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2142 (a) to require a license for (1) the processing, fabricating, or refining of special nuclear ma- terial, or the separation of special nuclear ma- terial, or the separation of special nuclear ma- terial from other substances, under contract with and for the account of the Commission; or (2) the construction or operation of facili- ties under contract with and for the account of the Commission; or (b) to require a license for the manufacture, production, or acquisition by the Department of Defense of any utilization facility author- ized pursuant to section 2121 of this title, or for the use of such facility by the Department of Defense or a contractor thereof. (Aug. 1, 1946, ch. 724, title I, § 110, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 939; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) § 2141. Licensing by Nuclear Regulatory Commis- sion of distribution of special nuclear mate- rial, source material, and byproduct material by Department of Energy (a) The Nuclear Regulatory Commission is au- thorized to license the distribution of special nuclear material, source material, and byprod- uct material by the Department of Energy pur- suant to section 2074, 2094, and 2112 of this title, respectively, in accordance with the same proce- dures established by law for the export licensing of such material by any person: Provided, That nothing in this section shall require the licens- ing of the distribution of byproduct material by the Department of Energy under section 2112 of this title. (b) The Department of Energy shall not dis- tribute 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 Depart- ment of Defense under mutually agreed proce- dures which shall be established within not more than ninety days after March 10, 1978, and (2) the Department finds based on a reasonable judgment of the assurances provided and the in- formation available to the United States Gov- ernment, that the criteria in section 2156 of this title or their equivalent and any applicable cri- teria in section 2157 of this title are met, and that the proposed distribution would not be in- imical to the common defense and security. (Aug. 1, 1946, ch. 724, title I, § 111, as added Pub. L. 95–242, title III, § 301(c), Mar. 10, 1978, 92 Stat. 125; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; amended Pub. L. 105–277, div. G, title XII, § 1225(d)(3), Oct. 21, 1998, 112 Stat. 2681–774.) Editorial Notes AMENDMENTS 1998—Subsec. (b). Pub. L. 105–277 substituted ‘‘the Nu- clear 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 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 TRANSFER OF FUNCTIONS For transfer of certain functions from Nuclear Regu- latory 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, 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. § 2142. Domestic medical isotope production (a) The Commission may issue a license, or grant an amendment to an existing license, for the use in the United States of highly enriched uranium as a target for medical isotope produc- tion in a nuclear reactor, only if, in addition to any other requirement of this chapter— (1) the Commission determines that— (A) there is no alternative medical isotope production target that can be used in that reactor; and (B) the proposed recipient of the medical isotope production target has provided as- surances that, whenever an alternative med- ical isotope production target can be used in that reactor, it will use that alternative in lieu of highly enriched uranium; and (2) the Secretary of Energy has certified that the United States Government is actively supporting the development of an alternative medical isotope production target that can be used in that reactor. (b) As used in this section— (1) the term ‘‘alternative medical isotope production target’’ means a nuclear reactor target which is enriched to less than 20 per- cent of the isotope U–235; (2) a target ‘‘can be used’’ in a nuclear re- search or test reactor if— (A) the target has been qualified by the Reduced Enrichment Research and Test Re- actor Program of the Department of Energy; and (B) use of the target will permit the large majority of ongoing and planned experi-