42 USC 2077 - Unauthorized dealings in special nuclear material

Editorial Notes

Prior Provisions

Provisions similar to this section were contained in section 1805(a)(3) of this title, prior to the general amendment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

Amendments

2004—Subsec. (span). Puspan. L. 108–458 substituted “or participate in the development or production of any special nuclear material” for “in the production of any special nuclear material”.

1998—Subsec. (span). Puspan. L. 105–277 struck out “the Arms Control and Disarmament Agency,” after “after consultation with” in first sentence and “the Director of the Arms Control and Disarmament Agency,” after “Defense, and Commerce,” in second sentence.

1983—Subsec. (e). Puspan. L. 97–415 added subsec. (e).

1978—Subsec. (span). Puspan. L. 95–242 substituted “except (1) as specifically authorized under an agreement for cooperation made pursuant to section 2153 of this title, including a specific authorization in a subsequent arrangement under section 2160 of this title, or (2) upon authorization by the Secretary of Energy after a determination that such activity will not be inimical to the interest of the United States” for “except (1) under an agreement for cooperation made pursuant to section 2153 of this title, or (2) upon authorization by the Commission after a determination that such activity will not be inimical to the interest of the United States” in existing provisions and inserted provisos relating to determinations by the Secretary of Energy, the procedures to be followed in processing authorization requests, the export of component parts, and the jurisdiction of the Secretary of Energy.

1974—Subsec. (d). Puspan. L. 93–377 added subsec. (d).

1964—Puspan. L. 88–489 amended section generally, and among other changes, included all special nuclear materials within the section, struck out condition that such material be “the property of the United States”, included delivery, acquisition, ownership and receiving possession of or title to any special nuclear material within the acts prohibited to persons, prohibited the Commission from issuing a license pursuant to section 2073 of this title if the Commission finds that the issuance would be inimical to the common defense and security or would constitute an unreasonable risk to the health and safety of the public, and extended the power of the Commission to refuse to distribute any special nuclear material if it finds that the distribution would constitute an unreasonable risk to the health and safety of the public.

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Amendment by Puspan. 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 Puspan. L. 105–277, set out as an Effective Date note under section 6511 of Title 22.

Effective Date of 1978 Amendment

Amendment by Puspan. 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 Puspan. L. 95–242, set out as an Effective Date note under section 3201 of Title 22, Foreign Relations and Intercourse.

Process for Review and Amendment of Part 810 Generally Authorized Destinations

Puspan. L. 118–67, div. B, title I, § 105, July 9, 2024, 138 Stat. 1454, provided that:

“(a)Identification and Evaluation of Factors.—Not later than 90 days after the date of enactment of this Act [July 9, 2024], the Secretary of Energy, with the concurrence of the Secretary of State, shall identify and evaluate factors, other than agreements for cooperation entered into in accordance with section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153), that may be used to determine a country’s generally authorized destination status under part 810 of title 10, Code of Federal Regulations, and to list such country as a generally authorized destination in Appendix A to part 810 of title 10, Code of Federal Regulations.

“(span)Process Update.—The Secretary of Energy shall review and, as appropriate, update the Department of Energy’s process for determining a country’s generally authorized destination status under part 810 of title 10, Code of Federal Regulations, and for listing such country as a generally authorized destination in Appendix A to part 810 of title 10, Code of Federal Regulations, taking into consideration and, as appropriate, incorporating factors identified and evaluated under subsection (a).

“(c)Revisions to List.—Not later than one year after the date of enactment of this Act, and at least once every 5 years thereafter, the Secretary of Energy shall, in accordance with any process updated pursuant to this section, review the list in Appendix A to part 810 of title 10, Code of Federal Regulations, and amend such list as appropriate.”

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, Puspan. 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(span) of Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out under section 3201 of Title 22, Foreign Relations and Intercourse.