42 U.S.C. § 2139a — Regulations implementing requirements

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—