
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC2139]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
          CHAPTER 23--DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
 
                        Division A--Atomic Energy
 
                  SUBCHAPTER IX--ATOMIC ENERGY LICENSES
 
Sec. 2139. Component and other parts of facilities


(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, 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, 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.

(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) of this section if it is advised by the executive 
branch, in accordance with the procedures established under section 
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, Sec. 109, as added Aug. 30, 1954, ch. 
1073, Sec. 1, 68 Stat. 939; amended Pub. L. 87-615, Sec. 9, Aug. 29, 
1962, 76 Stat. 411; Pub. L. 89-645, Sec. 1(b), Oct. 13, 1966, 80 Stat. 
891; Pub. L. 95-242, title III, Sec. 309(a), Mar. 10, 1978, 92 Stat. 
141; renumbered title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 
24, 1992, 106 Stat. 2944; Pub. L. 105-277, div. G, title XII, 
Sec. 1225(d)(2), Oct. 21, 1998, 112 Stat. 2681-774.)


                               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 Commission 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 general 
licensing will not constitute an unreasonable risk to the common defense 
and security'' for ``the Commission may (a) issue general licenses for 
activities required 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, 
and (b) issue licenses for the export of such facilities, if the 
Commission determines in writing that each export will not constitute an 
unreasonable risk to the common defense and security''.
    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)''.


                    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 reorganization 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 requirement for the 
promulgation of implementing regulations, see section 603(c) of Pub. L. 
95-242, set out as an Effective Date note under section 3201 of Title 
22, Foreign Relations and Intercourse.

                          Transfer of Functions

    Atomic Energy Commission abolished and functions transferred by 
sections 5814 and 5841 of this title. See also Transfer of Functions 
notes set out under those sections.


 Exports Contracted for Prior to Nov. 1, 1977, Made Within One Year of 
                    Mar. 10, 1978; Savings Provision

    Section 309(d) of Pub. L. 95-242 provided that: ``The amendments to 
section 109 of the 1954 Act [this section] 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].''


       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 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, 
Foreign Relations and Intercourse.

                  Section Referred to in Other Sections

    This section is referred to in sections 2077, 2133, 2134, 2139a, 
2160, 2282 of this title; title 22 sections 3203, 3281.
