§ 2077. Unauthorized dealings in special nuclear material
1,804 words·~8 min read·
/usc/title-42/section-2077A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Handling by persons Unless authorized by a general or specific license issued by the Commission, which the Commission is authorized to issue pursuant to section 2073 of this title, no person may transfer or receive in interstate commerce, transfer, deliver, acquire, own, possess, receive possession of or title to, or import into or export from the United States any special nuclear material.
(b)Engagement or participation in development or production It shall be unlawful for any person to directly or indirectly engage or participate in the development or production of any special nuclear material outside of the United States 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: Provided, That any such determination by the Secretary of Energy shall be made only with the concurrence of the Department of State and after consultation with the Nuclear Regulatory Commission, the Department of Commerce, and the Department of Defense. The Secretary of Energy shall, within ninety days after March 10, 1978, establish orderly and expeditious procedures, including provision for necessary administrative actions and inter-agency memoranda of understanding, which are mutually agreeable to the Secretaries of State, Defense, and Commerce, and the Nuclear Regulatory Commission for the consideration of requests for authorization under this subsection. Such procedures shall include, at a minimum, explicit direction on the handling of such requests, express deadlines for the solicitation and collection of the views of the consulted agencies (with identified officials responsible for meeting such deadlines), an interagency coordinating authority to monitor the processing of such requests, predetermined procedures for the expeditious handling of intra-agency and inter-agency disagreements and appeals to higher authorities, frequent meetings of inter-agency administrative coordinators to review the status of all pending requests, and similar administrative mechanisms. To the extent practicable, an applicant should be advised of all the information required of the applicant for the entire process for every agency’s needs at the beginning of the process. Potentially controversial requests should be identified as quickly as possible so that any required policy decisions or diplomatic consultations can be initiated in a timely manner. An immediate effort should be undertaken to establish quickly any necessary standards and criteria, including the nature of any required assurances or evidentiary showings, for the decision required under this subsection. The processing of any request proposed and filed as of March 10, 1978, shall not be delayed pending the development and establishment of procedures to implement the requirements of this subsection. Any trade secrets or proprietary information submitted by any person seeking an authorization under this subsection shall be afforded the maximum degree of protection allowable by law: Provided further, That the export of component parts as defined in section 2014(v)(2) or (cc)(2) of this title shall be governed by sections 2139 and 2155 of this title: Provided further, That notwithstanding section 7172(d) of this title, the Secretary of Energy and not the Federal Energy Regulatory Commission, shall have sole jurisdiction within the Department of Energy over any matter arising from any function of the Secretary of Energy in this section, section 2074(d), section 2094, or section 2141(b) of this title.
(c)Distribution by Commission The Commission shall not—
(1)distribute any special nuclear material to any person for a use which is not under the jurisdiction of the United States except pursuant to the provisions of section 2074 of this title; or
(2)distribute any special nuclear material or issue a license pursuant to section 2073 of this title to any person within the United States if the Commission finds that the distribution of such special nuclear material or the issuance of such license would be inimical to the common defense and security or would constitute an unreasonable risk to the health and safety of the public.
(d)Establishment of classes of special nuclear material; exemption of materials, kinds of uses and users from requirement of license The Commission is authorized to establish classes of special nuclear material and to exempt certain classes or quantities of special nuclear material or kinds of uses or users from the requirements for a license set forth in this section when it makes a finding that the exemption of such classes or quantities of special nuclear material or such kinds of uses or users would not be inimical to the common defense and security and would not constitute an unreasonable risk to the health and safety of the public.
(e)Transfer, etc., of special nuclear material Special nuclear material, as defined in section 2014 of this title, produced in facilities licensed under section 2133 or 2134 of this title may not be transferred, reprocessed, used, or otherwise made available by any instrumentality of the United States or any other person for nuclear explosive purposes.
(Aug. 1, 1946, ch. 724, title I, § 57, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 932; amended Pub. L. 88–489, § 12, Aug. 26, 1964, 78 Stat. 605; Pub. L. 93–377, § 3, Aug. 17, 1974, 88 Stat. 475; Pub. L. 95–242, title III, § 302, Mar. 10, 1978, 92 Stat. 126; Pub. L. 97–415, § 14, Jan. 4, 1983, 96 Stat. 2075; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 105–277, div. G, title XII, § 1225(d)(1), Oct. 21, 1998, 112 Stat. 2681–774; Pub. L. 108–458, title VI, § 6803(a), Dec. 17, 2004, 118 Stat. 3768.)
Connections199 cite this · traces to 10
Cited by 199 sections · top 60
U.S. Code
- § 1701Unusual and extraordinary threat; declaration of national emergency; exercise of Presidential authorities
- § 2151Congressional findings and declaration of policy
- § 2778Control of arms exports and imports
- § 2282Civil penalties
- § 2074Foreign distribution of special nuclear material
- § 5814Abolition and transfers
- § 2077aInteragency review of applications for the transfer of United States civil nuclear technology
- § 3632Development of risk and needs assessment system
- § 2158Conduct resulting in termination of nuclear exports
- § 6305Definitions
- § 3281Annual Presidential report to Congress on governmental efforts to prevent proliferation
- § 8003
public-private-law
statutes-at-large
- Public Law 93–375To amend the Act of August 9, 1955, relating to school fare subsidy for transportation of schoolchildren within the District of Columbia
- Public Law 88–486to authorize the Commissioners of the District of Columbia to remove dangerous or unsafe buildings and parts thereof, and for other purposes”, approved March 1, 1899, as amended
- Public Law 97–415To authorize appropriations to the Nuclear Regulatory Commission in accordance with section 261 of the Atomic Energy Act of 1954, as amended, and section 305 of the Energy Reorganization Act of 1974, as amended, and for other purposes
- Public Law 108–458To reform the intelligence community and the intelligence and intelligence-related activities of the United States Government, and for other purposes
- Public Law 100–204To authorize appropriations for fiscal years 1988 and 1989 for the Department of State, the United States Information Agency, the Voice of America, the Board for International Broadcasting, and for other purposes
- Public Law 109–401To exempt from certain requirements of the Atomic Energy Act of 1954 a proposed nuclear agreement for cooperation with India
- Public Law 114–92To authorize appropriations for fiscal year 2016 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
register
- NoticesConfirmation of regulations
- UnknownFinal rule
- UnknownFinal rule
- NoticesDirect final rule
- UnknownFinal rule
- Proposed RulesSupplemental notice of proposed rulemaking and public meetings
- NoticesFinal rule
- UnknownFinal rule
- Rules and RegulationsInterim final rule
- NoticesNotice
- NoticesFinal rule
- UnknownCorrecting amendments
- Proposed RulesProposed rule
- Presidential DocumentsFinal rule
- UnknownInterim rule with request for comments
- UnknownFinal rule
- Rules and RegulationsFinal rule
- NoticesNotice of (A) proposed temporary, emergency amendments to sentencing guidelines, policy statements, and commentary; (B) proposed permanent, non-emergency amendments to sentencing guidelines, policy statements, and commentary
- NoticesDirect final rule
- NoticesProposed rule
- Proposed RulesProposed rule
- Rules and RegulationsInterim final rule
- UnknownFinal rule
- Presidential DocumentsNotice of: (A) promulgation of temporary, emergency amendments, effective May 1, 2001, for (1) offenses involving the manufacture, importation, exportation, or trafficking of “Ecstasy”; (2) offenses involving the manufacture, importation, or trafficking of amphetamine; (3) offenses involving the trafficking of certain List I chemicals that are used in the manufacture of methamphetamine; and (4) offenses involving peonage and human trafficking; and (B) submission to Congress of additional non-emergency amendments to the sentencing guidelines, effective November 1, 2001
- UnknownFinal Rule
- UnknownFinal rule
- Rules and RegulationsFinal rule
- Rules and RegulationsFinal rule
- UnknownDirect final rule
- Rules and RegulationsFinal rule
- Proposed RulesNotice of proposed amendments; request for public comment; notice of public hearings
- NoticesFinal rule
- Rules and RegulationsProposed rule
- UnknownFinal rule
- Rules and RegulationsFinal rule
Traces to 10 documents
U.S. Code
- Domestic distribution of special nuclear material§ 2073
- Cooperation with other nations§ 2153
- Subsequent arrangements§ 2160
- Jurisdiction of Commission§ 7172
- Licensing by Nuclear Regulatory Commission of distribution of special nuclear material, source material, and byproduct material by Department of Energy§ 2141
- Foreign distribution of special nuclear material§ 2074
- Definitions§ 2014
- Reorganization plan and report§ 6601
- Abolition of United States Arms Control and Disarmament Agency§ 6511
- Congressional declaration of policy§ 3201
29 references not yet in our index
- Aug. 1, 1946, ch. 724
- Aug. 30, 1954, ch. 1073, § 1
- 68 Stat. 932
- Pub. L. 88–489, § 12
- 78 Stat. 605
- Pub. L. 93–377, § 3
- 88 Stat. 475
- Pub. L. 95–242, title III, § 302
- 92 Stat. 126
- Pub. L. 97–415, § 14
- 96 Stat. 2075
- Pub. L. 102–486, title IX, § 902(a)(8)
- 106 Stat. 2944
- Pub. L. 105–277, div. G, title XII, § 1225(d)(1)
- 112 Stat. 2681–774
- Pub. L. 108–458, title VI, § 6803(a)
- 118 Stat. 3768
- section 1805(a)(3) of this title
- Pub. L. 108–458
- Pub. L. 105–277
- Pub. L. 97–415
- Pub. L. 95–242
- Pub. L. 93–377
- Pub. L. 88–489
- section 1201 of Pub. L. 105–277
- section 603(c) of Pub. L. 95–242
- Pub. L. 118–67, div. B, title I, § 105
- 138 Stat. 1454
- 92 Stat. 120
Citation graph
cites case law
§ 2077
Unauthorized dealings in special nuclear material
Fed. Reg.×78
Bills×55
U.S.C.×24
Stat.×19
Stat. Comp.×13
Pub. L.×9
C.F.R.×1
ActAug. 1, 1946, ch. 724
ActAug. 30, 1954, ch. 1073, § 1
Stat.68 Stat. 932
Cites 39 · showing 12Cited by 199 across 7 sources