
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC2141]

 
                 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. 2141. Licensing by Nuclear Regulatory Commission of 
        distribution of special nuclear material, source material, and 
        byproduct material by Department of Energy
        
    (a) The Nuclear Regulatory Commission is authorized to license the 
distribution of special nuclear material, source material, and byproduct 
material by the Department of Energy pursuant to section 2074, 2094, and 
2112 of this title, respectively, in accordance with the same procedures 
established by law for the export licensing of such material by any 
person: Provided, That nothing in this section shall require the 
licensing of the distribution of byproduct material by the Department of 
Energy under section 2112 of this title.
    (b) The Department of Energy shall not distribute 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 Department of Defense under 
mutually agreed procedures 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 
information available to the United States Government, that the criteria 
in section 2156 of this title or their equivalent and any applicable 
criteria in section 2157 of this title are met, and that the proposed 
distribution would not be inimical to the common defense and security.

(Aug. 1, 1946, ch. 724, title I, Sec. 111, as added Pub. L. 95-242, 
title III, Sec. 301(c), Mar. 10, 1978, 92 Stat. 125; renumbered title I, 
Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 
2944; amended Pub. L. 105-277, div. G, title XII, Sec. 1225(d)(3), Oct. 
21, 1998, 112 Stat. 2681-774.)


                               Amendments

    1998--Subsec. (b). Pub. L. 105-277 substituted ``the Nuclear 
Regulatory Commission'' for ``the Arms Control and Disarmament Agency, 
the Nuclear Regulatory Commission,''.


                    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

    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.

                          Transfer of Functions

    For transfer of certain functions from Nuclear Regulatory 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 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, 2160 of this title.
