42 USC Sections 2133-2142

§ 2122a

TITLE 42—THE PUBLIC HEALTH AND WELFARE

ment and renumbering of act Aug. 1, 1946, by act Aug.
30, 1954.
AMENDMENTS
2004—Pub. L. 108–458, § 6904(a)(1), designated existing
provisions as subsec. (a).
Pub. L. 108–458, § 6803(b)(2), inserted ‘‘participate in
the development of,’’ after ‘‘interstate or foreign commerce,’’.
Pub. L. 108–458, § 6803(b)(1), inserted ‘‘, inside or outside of the United States,’’ after ‘‘for any person’’.
Subsec. (a). Pub. L. 108–458, § 6904(a)(4), which directed
amendment by striking out ‘‘transfer or receive in
interstate or foreign commerce,’’ before ‘‘manufacture’’, was executed by striking out such phrase before
‘‘participate in the development of, manufacture’’ to
reflect the probable intent of Congress and the intervening amendment by Pub. L. 108–458, § 6803(b)(2). See
above.
Pub. L. 108–458, § 6904(a)(3), (5), (6), inserted ‘‘receive,’’
after ‘‘acquire,’’, struck out ‘‘or’’ before ‘‘export’’, and
inserted ‘‘, or use, or possess and threaten to use,’’ before ‘‘any atomic weapon’’.
Pub. L. 108–458, § 6904(a)(2), which directed amendment by inserting ‘‘knowingly’’ after ‘‘for any person
to’’, was executed by making the insertion after ‘‘for
any person, inside or outside of the United States, to’’
to reflect the probable intent of Congress and the
amendment by Pub. L. 108–458, § 6803(b)(1). See above.
Subsec. (b). Pub. L. 108–458, § 6904(a)(7), added subsec.
(b).
1958—Pub. L. 85–479 included transfers or receipts in
foreign commerce.

§ 2122a. Repealed. Pub. L. 106–65, div. C, title
XXXII, § 3294(e)(1)(A), Oct. 5, 1999, 113 Stat.
970
Section, act Aug. 1, 1946, ch. 724, title I, § 93, as added
Pub. L. 103–160, div. C, title XXXI, § 3156(a), Nov. 30,
1993, 107 Stat. 1953, related to congressional oversight of
special access programs. See section 2426 of Title 50,
War and National Defense.
EFFECTIVE DATE OF REPEAL
Repeal effective Mar. 1, 2000, see section 3299 of Pub.
L. 106–65, set out as an Effective Date note under section 2401 of Title 50, War and National Defense.

§ 2123. Transferred
CODIFICATION
Section, Pub. L. 102–190, div. C, title XXXI, § 3136, Dec.
5, 1991, 105 Stat. 1577; Pub. L. 103–35, title II, § 203(b)(3),
May 31, 1993, 107 Stat. 102, which related to critical
technology partnerships between laboratories of the
Department of Energy and other entities, was renumbered section 4813 of Pub. L. 107–314, the Bob Stump National Defense Authorization Act for Fiscal Year 2003,
by Pub. L. 108–136, div. C, title XXXI, § 3141(k)(8), Nov.
24, 2003, 117 Stat. 1785, and transferred to section 2794 of
Title 50, War and National Defense.

SUBCHAPTER IX—ATOMIC ENERGY
LICENSES
§ 2131. License required
It shall be unlawful, except as provided in section 2121 of this title, for any person within the
United States to transfer or receive in interstate commerce, manufacture, produce, transfer,
acquire, possess, use, import, or export any utilization or production facility except under and
in accordance with a license issued by the Commission pursuant to section 2133 or 2134 of this
title.
(Aug. 1, 1946, ch. 724, title I, § 101, as added Aug.
30, 1954, ch. 1073, § 1, 68 Stat. 936; amended Aug.

Page 4910

6, 1956, ch. 1015, § 11, 70 Stat. 1071; renumbered
title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct.
24, 1992, 106 Stat. 2944.)
PRIOR PROVISIONS
Provisions similar to this section were contained in
section 1807(a) of this title, prior to the general amendment and renumbering of act Aug. 1, 1946, by act Aug.
30, 1954.
AMENDMENTS
1956—Act Aug. 6, 1956, inserted ‘‘use,’’ after ‘‘possess,’’.

§ 2132. Utilization and production facilities for
industrial or commercial purposes
(a) Issuance of licenses
Except as provided in subsections (b) and (c),
or otherwise specifically authorized by law, any
license hereafter issued for a utilization or production facility for industrial or commercial
purposes shall be issued pursuant to section 2133
of this title.
(b) Facilities constructed or operated under section 2134(b)
Any license hereafter issued for a utilization
or production facility for industrial or commercial purposes, the construction or operation of
which was licensed pursuant to section 2134(b) of
this title prior to enactment into law of this
subsection, shall be issued under section 2134(b)
of this title.
(c) Cooperative Power Reactor Demonstration
facilities
Any license for a utilization or production facility for industrial or commercial purposes constructed or operated under an arrangement with
the Commission entered into under the Cooperative Power Reactor Demonstration Program
shall, except as otherwise specifically required
by applicable law, be issued under section 2134(b)
of this title.
(Aug. 1, 1946, ch. 724, title I, § 102, as added Aug.
30, 1954, ch. 1073, § 1, 68 Stat. 936; amended Pub.
L. 91–560, § 3, Dec. 19, 1970, 84 Stat. 1472; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8),
Oct. 24, 1992, 106 Stat. 2944.)
AMENDMENTS
1970—Pub. L. 91–560 substituted provisions authorizing Commission to issue licenses for a utilization or
production facility for industrial or commercial purposes under section 2133, except that license may be issued under section 2134(b), for such utilization or production facility, construction or operation of which
was licensed under section 2134(b) before December 19,
1970 or constructed or operated under an arrangement
with Commission entered into under Cooperative
Power Reactor Demonstration Program, for provisions
authorizing Commission to issue licenses pursuant to
section 2133 of this title on a determination that such
utilization or production facility has been sufficiently
developed to be of practical value for industrial or commercial purposes.

§ 2133. Commercial licenses
(a) Conditions
The Commission is authorized to issue licenses
to persons applying therefor to transfer or receive in interstate commerce, manufacture,

Page 4911

TITLE 42—THE PUBLIC HEALTH AND WELFARE

§ 2133

produce, transfer, acquire, possess, use, import,
or export under the terms of an agreement for
cooperation arranged pursuant to section 2153 of
this title, utilization or production facilities for
industrial or commercial purposes. Such licenses shall be issued in accordance with the
provisions of subchapter XV and subject to such
conditions as the Commission may by rule or
regulation establish to effectuate the purposes
and provisions of this chapter.
(b) Nonexclusive basis

ation established by the Commission, the licensee shall immediately so notify the Commission. Violation of the condition prescribed by
this subsection may, in the Commission’s discretion, constitute grounds for license revocation.
In accordance with section 2237 of this title, the
Commission shall promptly amend each license
for a utilization facility issued under this section or section 2134(b) of this title which is in effect on June 30, 1980, to include the provisions
required under this subsection.

The Commission shall issue such licenses on a
nonexclusive basis to persons applying therefor
(1) whose proposed activities will serve a useful
purpose proportionate to the quantities of special nuclear material or source material to be
utilized; (2) who are equipped to observe and who
agree to observe such safety standards to protect health and to minimize danger to life or
property as the Commission may by rule establish; and (3) who agree to make available to the
Commission such technical information and
data concerning activities under such licenses as
the Commission may determine necessary to
promote the common defense and security and
to protect the health and safety of the public.
All such information may be used by the Commission only for the purposes of the common defense and security and to protect the health and
safety of the public.
(c) License period
Each such license shall be issued for a specified period, as determined by the Commission,
depending on the type of activity to be licensed,
but not exceeding forty years from the authorization to commence operations, and may be renewed upon the expiration of such period.
(d) Limitations
No license under this section may be given to
any person for activities which are not under or
within the jurisdiction of the United States, except for the export of production or utilization
facilities under terms of an agreement for cooperation arranged pursuant to section 2153 of
this title, or except under the provisions of section 2139 of this title. No license may be issued
to an alien or any any 1 corporation or other entity if the Commission knows or has reason to
believe it is owned, controlled, or dominated by
an alien, a foreign corporation, or a foreign government. In any event, no license may be issued
to any person within the United States if, in the
opinion of the Commission, the issuance of a license to such person would be inimical to the
common defense and security or to the health
and safety of the public.
(f) 2 Accident notification condition; license revocation; license amendment to include condition
Each license issued for a utilization facility
under this section or section 2134(b) of this title
shall require as a condition thereof that in case
of any accident which could result in an unplanned release of quantities of fission products
in excess of allowable limits for normal oper-

(Aug. 1, 1946, ch. 724, title I, § 103, as added Aug.
30, 1954, ch. 1073, § 1, 68 Stat. 936; amended Aug.
6, 1956, ch. 1015, §§ 12, 13, 70 Stat. 1071; Pub. L.
91–560, § 4, Dec. 19, 1970, 84 Stat. 1472; Pub. L.
96–295, title II, § 201, June 30, 1980, 94 Stat. 786; renumbered title I, Pub. L. 102–486, title IX,
§ 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L.
109–58, title VI, § 621, Aug. 8, 2005, 119 Stat. 782.)

1 So
2 So

in original.
in original. Probably should be ‘‘(e)’’.

REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the
original ‘‘this Act’’, meaning act Aug. 1, 1946, ch. 724, as
added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919,
known as the Atomic Energy Act of 1954, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note
set out under section 2011 of this title and Tables.
AMENDMENTS
2005—Subsec. (c). Pub. L. 109–58 inserted ‘‘from the
authorization to commence operations’’ after ‘‘forty
years’’.
1980—Subsec. (f). Pub. L. 96–295 added subsec. (f).
1970—Subsec. (a). Pub. L. 91–560 struck out requirement of a finding of practical value under section 2132
and substituted ‘‘utilization and production facilities
for industrial or commercial purposes’’ for ‘‘such type
of utilization or production facility’’.
1956—Subsec. (a). Act Aug. 6, 1956, § 12, inserted ‘‘use,’’
after ‘‘possess,’’.
Subsec. (d). Act Aug. 6, 1956, § 13, inserted ‘‘an alien or
any’’ after ‘‘issued to’’.
ADVANCED NUCLEAR REACTOR PROGRAM LICENSING
Pub. L. 115–439, title I, § 103(a), Jan. 14, 2019, 132 Stat.
5571, provided that:
‘‘(1) STAGED LICENSING.—For the purpose of predictable, efficient, and timely reviews, not later than 270
days after the date of enactment of this Act [Jan. 14,
2019], the [Nuclear Regulatory] Commission shall develop and implement, within the existing regulatory
framework, strategies for—
‘‘(A) establishing stages in the licensing process for
commercial advanced nuclear reactors; and
‘‘(B) developing procedures and processes for—
‘‘(i) using a licensing project plan; and
‘‘(ii) optional use of a conceptual design assessment.
‘‘(2) RISK-INFORMED LICENSING.—Not later than 2 years
after the date of enactment of this Act, the Commission shall develop and implement, where appropriate,
strategies for the increased use of risk-informed, performance-based licensing evaluation techniques and
guidance for commercial advanced nuclear reactors
within the existing regulatory framework, including
evaluation techniques and guidance for the resolution
of the following:
‘‘(A) Applicable policy issues identified during the
course of review by the Commission of a commercial
advanced nuclear reactor licensing application.
‘‘(B) The issues described in SECY–93–092 and
SECY–15–077, including—
‘‘(i) licensing basis event selection and evaluation;
‘‘(ii) source terms;

§ 2134

TITLE 42—THE PUBLIC HEALTH AND WELFARE

‘‘(iii) containment performance; and
‘‘(iv) emergency preparedness.
‘‘(3) RESEARCH AND TEST REACTOR LICENSING.—For the
purpose of predictable, efficient, and timely reviews,
not later than 2 years after the date of enactment of
this Act, the Commission shall develop and implement
strategies within the existing regulatory framework for
licensing research and test reactors, including the issuance of guidance.
‘‘(4) TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK.—Not later than December 31, 2027, the Commission shall complete a rulemaking to establish a technology-inclusive, regulatory framework for optional
use by commercial advanced nuclear reactor applicants
for new reactor license applications.
‘‘(5) TRAINING AND EXPERTISE.—As soon as practicable
after the date of enactment of this Act, the Commission shall provide for staff training or the hiring of experts, as necessary—
‘‘(A) to support the activities described in paragraphs (1) through (4); and
‘‘(B) to support preparations—
‘‘(i) to conduct pre-application interactions; and
‘‘(ii) to review commercial advanced nuclear reactor license applications.
‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Commission to carry
out this subsection $14,420,000 for each of fiscal years
2020 through 2024.’’
[For definitions of terms used in section 103(a) of Pub.
L. 115–439, set out above, see section 3 of Pub. L. 115–439,
set out as a note under section 2215 of this title.]

§ 2134. Medical, industrial, and commercial licenses
(a) Medical therapy
The Commission is authorized to issue licenses
to persons applying therefor for utilization facilities for use in medical therapy. In issuing
such licenses the Commission is directed to permit the widest amount of effective medical therapy possible with the amount of special nuclear
material available for such purposes and to impose the minimum amount of regulation consistent with its obligations under this chapter to
promote the common defense and security and
to protect the health and safety of the public.
(b) Industrial and commercial purposes
As provided for in subsection (b) or (c) of section 2132 of this title, or where specifically authorized by law, the Commission is authorized
to issue licenses under this subsection to persons applying therefor for utilization and production facilities for industrial and commercial
purposes. In issuing licenses under this subsection, the Commission shall impose the minimum amount of such regulations and terms of
license as will permit the Commission to fulfill
its obligations under this chapter.
(c) Research and development activities
The Commission is authorized to issue licenses
to persons applying therefor for utilization and
production facilities useful in the conduct of research and development activities of the types
specified in section 2051 of this title. The Commission is directed to impose only such minimum amount of regulation of the licensee as the
Commission finds will permit the Commission to
fulfill its obligations under this chapter to promote the common defense and security and to
protect the health and safety of the public and
will permit the conduct of widespread and diverse research and development. The Commis-

Page 4912

sion is authorized to issue licenses under this
section for utilization facilities useful in the
conduct of research and development activities
of the types specified in section 2051 of this title
in which the licensee sells research and testing
services and energy to others, subject to the
condition that the licensee shall recover not
more than 75 percent of the annual costs to the
licensee of owning and operating the facility
through sales of nonenergy services, energy, or
both, other than research and development or
education and training, of which not more than
50 percent may be through sales of energy.
(d) Limitations
No license under this section may be given to
any person for activities which are not under or
within the jurisdiction of the United States, except for the export of production or utilization
facilities under terms of an agreement for cooperation arranged pursuant to section 2153 of
this title or except under the provisions of section 2139 of this title. No license may be issued
to any corporation or other entity if the Commission knows or has reason to believe it is
owned, controlled, or dominated by an alien, a
foreign corporation, or a foreign government. In
any event, no license may be issued to any person within the United States if, in the opinion of
the Commission, the issuance of a license to
such person would be inimical to the common
defense and security or to the health and safety
of the public.
(Aug. 1, 1946, ch. 724, title I, § 104, as added Aug.
30, 1954, ch. 1073, § 1, 68 Stat. 937; amended Pub.
L. 91–560, § 5, Dec. 19, 1970, 84 Stat. 1472; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8),
Oct. 24, 1992, 106 Stat. 2944; Pub. L. 115–439, title
I, § 106(b), Jan. 14, 2019, 132 Stat. 5577.)
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a) to (c), was in
the original ‘‘this Act’’, meaning act Aug. 1, 1946, ch.
724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat.
919, known as the Atomic Energy Act of 1954, which is
classified principally to this chapter. For complete
classification of this Act to the Code, see Short Title
note set out under section 2011 of this title and Tables.
AMENDMENTS
2019—Subsec. (c). Pub. L. 115–439 struck out ‘‘and
which are not facilities of the type specified in subsection (b)’’ after ‘‘section 2051 of this title’’ and inserted at end ‘‘The Commission is authorized to issue
licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 2051 of this title in
which the licensee sells research and testing services
and energy to others, subject to the condition that the
licensee shall recover not more than 75 percent of the
annual costs to the licensee of owning and operating
the facility through sales of nonenergy services, energy, or both, other than research and development or
education and training, of which not more than 50 percent may be through sales of energy.’’
1970—Subsec. (b). Pub. L. 91–560 substituted provisions authorizing the issue of licenses for utilization or
production facilities for industrial or commercial purposes (i) where specifically authorized by law or (ii)
where the facility was constructed or operated under
an arrangement with the Commission entered into
under the cooperative power reactor demonstration
program, and the applicable statutory authorization
does not require licensing under section 2133, or (iii)

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

where the facility was theretofore licensed under section 2134(b), for provisions authorizing the issue of licenses for utilization and production facilities involved
in the conduct of research and development activities
leading to the demonstration of the practical value of
such facilities for industrial and commercial purposes.
ENCOURAGING PRIVATE INVESTMENT IN RESEARCH AND
TEST REACTORS
Pub. L. 115–439, title I, § 106(a), Jan. 14, 2019, 132 Stat.
5577, provided that: ‘‘The purpose of this section
[amending this section] is to encourage private investment in research and test reactors.’’

§ 2135. Antitrust provisions governing licenses
(a) Violations of antitrust laws
Nothing contained in this chapter shall relieve
any person from the operation of the following
Acts, as amended, ‘‘An Act to protect trade and
commerce against unlawful restraints and monopolies’’ approved July second, eighteen hundred and ninety; sections seventy-three to seventy-six, inclusive, of an Act entitled ‘‘An Act
to reduce taxation, to provide revenue for the
Government, and for other purposes’’ approved
August twenty-seven, eighteen hundred and
ninety-four; ‘‘An Act to supplement existing
laws against unlawful restraints and monopolies, and for other purposes’’ approved October
fifteen, nineteen hundred and fourteen; and ‘‘An
Act to create a Federal Trade Commission, to
defined its powers and duties, and for other purposes’’ approved September twenty-six, nineteen
hundred and fourteen. In the event a licensee is
found by a court of competent jurisdiction, either in an original action in that court or in a
proceeding to enforce or review the findings or
orders of any Government agency having jurisdiction under the laws cited above, to have violated any of the provisions of such laws in the
conduct of the licensed activity, the Commission may suspend, revoke, or take such other action as it may deem necessary with respect to
any license issued by the Commission under the
provisions of this chapter.
(b) Reports to Attorney General
The Commission shall report promptly to the
Attorney General any information it may have
with respect to any utilization of special nuclear
material or atomic energy which appears to violate or to tend toward the violation of any of the
foregoing Acts, or to restrict free competition in
private enterprise.
(c) Transmissions to Attorney General of copies
of license applications; publication of advice;
factors considered; exceptions
(1) The Commission shall promptly transmit
to the Attorney General a copy of any license
application provided for in paragraph (2) of this
subsection, and a copy of any written request
provided for in paragraph (3) of this subsection;
and the Attorney General shall, within a reasonable time, but in no event to exceed 180 days
after receiving a copy of such application or
written request, render such advice to the Commission as he determines to be appropriate in
regard to the finding to be made by the Commission pursuant to paragraph (5) of this subsection. Such advice shall include an explanatory statement as to the reasons or basis therefor.

§ 2135

(2) Paragraph (1) of this subsection shall apply
to an application for a license to construct or
operate a utilization or production facility
under section 2133 of this title: Provided, however, That paragraph (1) shall not apply to an application for a license to operate a utilization or
production facility for which a construction permit was issued under section 2133 of this title
unless the Commission determines such review
is advisable on the ground that significant
changes in the licensee’s activities or proposed
activities have occurred subsequent to the previous review by the Attorney General and the
Commission under this subsection in connection
with the construction permit for the facility.
(3) With respect to any Commission permit for
the construction of a utilization or production
facility issued pursuant to subsection (b) of section 2134 of this title prior to December 19, 1970,
any person who intervened or who sought by
timely written notice to the Commission to intervene in the construction permit proceeding
for the facility to obtain a determination of
antitrust considerations or to advance a jurisdictional basis for such determination shall
have the right, upon a written request to the
Commission, to obtain an antitrust review
under this section of the application for an operating license. Such written request shall be
made within 25 days after the date of initial
Commission publication in the Federal Register
of notice of the filing of an application for an
operating license for the facility or December 19,
1970, whichever is later.
(4) Upon the request of the Attorney General,
the Commission shall furnish or cause to be furnished such information as the Attorney General determines to be appropriate for the advice
called for in paragraph (1) of this subsection.
(5) Promptly upon receipt of the Attorney
General’s advice, the Commission shall publish
the advice in the Federal Register. Where the
Attorney General advises that there may be adverse antitrust aspects and recommends that
there be a hearing, the Attorney General or his
designee may participate as a party in the proceedings thereafter held by the Commission on
such licensing matter in connection with the
subject matter of his advice. The Commission
shall give due consideration to the advice received from the Attorney General and to such
evidence as may be provided during the proceedings in connection with such subject matter, and
shall make a finding as to whether the activities
under the license would create or maintain a situation inconsistent with the antitrust laws as
specified in subsection (a).
(6) In the event the Commission’s finding
under paragraph (5) is in the affirmative, the
Commission shall also consider, in determining
whether the license should be issued or continued, such other factors, including the need
for power in the affected area, as the Commission in its judgment deems necessary to protect
the public interest. On the basis of its findings,
the Commission shall have the authority to
issue or continue a license as applied for, to
refuse to issue a license, to rescind a license or
amend it, and to issue a license with such conditions as it deems appropriate.
(7) The Commission, with the approval of the
Attorney General, may except from any of the

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

requirements of this subsection such classes or
types of licenses as the Commission may determine would not significantly affect the applicant’s activities under the antitrust laws as
specified in subsection (a).
(8) With respect to any application for a construction permit on file at the time of enactment into law of this subsection, which permit
would be for issuance under section 2133 of this
title, and with respect to any application for an
operating license in connection with which a
written request for an antitrust review is made
as provided for in paragraph (3), the Commission, after consultation with the Attorney General, may, upon determination that such action
is necessary in the public interest to avoid unnecessary delay, establish by rule or order periods for Commission notification and receipt of
advice differing from those set forth above and
may issue a construction permit or operating license in advance of consideration of and findings
with respect to the matters covered in this subsection: Provided, That any construction permit
or operating license so issued shall contain such
conditions as the Commission deems appropriate
to assure that any subsequent findings and orders of the Commission with respect to such
matters will be given full force and effect.
(9) APPLICABILITY.—This subsection does not
apply to an application for a license to construct or operate a utilization facility or production facility under section 2133 or 2134(b) of
this title that is filed on or after August 8, 2005.
(Aug. 1, 1946, ch. 724, title I, § 105, as added Aug.
30, 1954, ch. 1073, § 1, 68 Stat. 938; amended Pub.
L. 88–489, § 14, Aug. 26, 1964, 78 Stat. 606; Pub. L.
91–560, § 6, Dec. 19, 1970, 84 Stat. 1473; renumbered
title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct.
24, 1992, 106 Stat. 2944; Pub. L. 107–273, div. C,
title IV, § 14102(c)(2)(D), Nov. 2, 2002, 116 Stat.
1921; Pub. L. 109–58, title VI, § 625, Aug. 8, 2005,
119 Stat. 784.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the
original ‘‘this Act’’, meaning act Aug. 1, 1946, ch. 724, as
added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919,
known as the Atomic Energy Act of 1954, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note
set out under section 2011 of this title and Tables.
The act to protect trade and commerce against unlawful restraints and monopolies, referred to in subsec.
(a), is act July 2, 1890, ch. 647, 26 Stat. 209, known as the
Sherman Act, which is classified to sections 1 to 7 of
Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set
out under section 1 of Title 15 and Tables.
Sections seventy-three to seventy-six, inclusive, of an
act entitled ‘‘An Act to reduce taxation, to provide revenue for the Government, and for other purposes’’, referred to in subsec. (a), are sections 73 to 76 of act Aug.
27, 1894, ch. 349, 28 Stat. 570, known as the Wilson Tariff
Act, which are classified to sections 8 to 11, respectively, of Title 15. For complete classification of this
Act to the Code, see Short Title note set out under section 8 of Title 15 and Tables.
‘‘An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes’’
approved October fifteen, nineteen hundred and fourteen, referred to in subsec. (a), is act Oct. 15, 1914, ch.
323, 38 Stat. 730, known as the Clayton Act, which is
classified generally to sections 12, 13, 14 to 19, 21, and
22 to 27 of Title 15, and sections 52 and 53 of Title 29,

Page 4914

Labor. For further details and complete classification
of this Act to the Code, see References in Text note set
out under section 12 of Title 15 and Tables.
The act to create a Federal Trade Commission, to define its powers and duties, and for other purposes, referred to in subsec. (a), is act Sept. 26, 1914, ch. 311, 38
Stat. 717, known as the Federal Trade Commission Act,
which is classified generally to subchapter I (§ 41 et
seq.) of chapter 2 of Title 15. For complete classification of this Act to the Code, see section 58 of Title 15
and Tables.
PRIOR PROVISIONS
Provisions similar to this section were contained in
section 1807(c) of this title, prior to the general amendment and renumbering of act Aug. 1, 1946, by act Aug.
30, 1954.
AMENDMENTS
2005—Subsec. (c)(9). Pub. L. 109–58 added par. (9).
2002—Subsec. (a). Pub. L. 107–273 substituted ‘‘seventy-six’’ for ‘‘seventy-seven’’.
1970—Subsec. (c). Pub. L. 91–560 designated existing
provisions as pars. (1), (2), (4), and (5) and amended such
provisions by extending the time for the Attorney General to give advice from 90 to 180 days and provided for
review of licenses once granted under section 2133 of
this title, and when the Attorney General recommends
that there be a hearing, authorized the Commission to
hold hearings and permit the Attorney General to appear as a party and to make a finding as to whether the
activities under the license would be inconsistent with
the antitrust laws, and in par. (3), provided for a review
of the permit issued under section 2134(b) of this title,
and added pars. (6) to (8).
1964—Subsec. (a). Pub. L. 88–489 struck out
‘‘, including the provisions which vest title to all special nuclear material in the United States,’’ before
‘‘shall relieve any person’’.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–273 effective Nov. 2, 2002,
and applicable only with respect to cases commenced
on or after Nov. 2, 2002, see section 14103 of Pub. L.
107–273, set out as a note under section 3 of Title 15,
Commerce and Trade.

§ 2136. Classes of facilities
The Commission may—
(a) group the facilities licensed either under
section 2133 or 2134 of this title into classes
which may include either production or utilization facilities or both, upon the basis of the
similarity of operating and technical characteristics of the facilities;
(b) define the various activities to be carried
on at each such class of facility; and
(c) designate the amounts of special nuclear
material available for use by each such facility.
(Aug. 1, 1946, ch. 724, title I, § 106, as added Aug.
30, 1954, ch. 1073, § 1, 68 Stat. 938; renumbered
title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct.
24, 1992, 106 Stat. 2944.)
§ 2137. Operators’ licenses
The Commission shall—
(a) prescribe uniform conditions for licensing individuals as operators of any of the various classes of production and utilization facilities licensed in this chapter;
(b) determine the qualifications of such individuals;
(c) issue licenses to such individuals in such
form as the Commission may prescribe; and

Page 4915

TITLE 42—THE PUBLIC HEALTH AND WELFARE

§ 2139

(d) suspend such licenses for violations of
any provision of this chapter or any rule or
regulation issued thereunder whenever the
Commission deems such action desirable.

date of enactment of this Act [June 30, 1980] on the
findings and recommendations of the study required by
this subsection, and shall expeditiously implement
each such recommendation not requiring legislative enactment.’’

(Aug. 1, 1946, ch. 724, title I, § 107, as added Aug.
30, 1954, ch. 1073, § 1, 68 Stat. 939; renumbered
title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct.
24, 1992, 106 Stat. 2944.)

§ 2138. Suspension of licenses during war or national emergency

REFERENCES IN TEXT
This chapter, referred to in subsecs. (a) and (d), was
in the original ‘‘this Act’’, meaning act Aug. 1, 1946, ch.
724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat.
919, known as the Atomic Energy Act of 1954, which is
classified principally to this chapter. For complete
classification of this Act to the Code, see Short Title
note set out under section 2011 of this title and Tables.
TECHNICAL CAPABILITY OF LICENSEE PERSONNEL IMPROVEMENT PLAN; STUDY OF LICENSE REQUIREMENT
FOR PLANT MANAGERS AND SENIOR LICENSEE OFFICERS; REPORT TO CONGRESS
Pub. L. 96–395, title III, § 307, June 30, 1980, 94 Stat.
791, provided that:
‘‘(a) The Commission is authorized and directed to
prepare a plan for improving the technical capability of
licensee personnel to safely operate utilization facilities licensed under section 103 or 104b. of the Atomic
Energy Act of 1954 [sections 2133 and 2134(b) of this
title]. In proposing such plan, the Commission shall
consider the feasibility of requiring standard mandatory training programs for nuclear facility operators,
including classroom study, apprenticeships at the facility, and emergency simulator training. Such plan shall
include specific criteria for more intensive training and
retraining of operator personnel licensed under section
107 of the Atomic Energy Act of 1954 [this section], and
for the licensing of such personnel, to assure—
‘‘(1) conformity with all conditions and requirements of the operating license;
‘‘(2) early identification of accidents, events, or
event sequences which may significantly increase the
likelihood of an accident; and
‘‘(3) effective response to any such event or sequence.
Such plan shall include provision for Commission review and approval of the qualifications of personnel
conducting any required training and retraining program. The plan shall also include requirements for the
renewal of operator licenses including, to the extent
practicable, requirements that the operator—
‘‘(A) has been actively and extensively engaged in
the duties listed in such license,
‘‘(B) has discharged such duties safely to the satisfaction of the Commission,
‘‘(C) is capable of continuing such duties, and
‘‘(D) has participated in a requalification training
program.
Such plan shall include criteria for suspending or revoking operator licenses. In addition, the Commission
shall also consider the feasibility of requiring such licensed operator to pass a requalification test every six
months including—
‘‘(i) written questions, and
‘‘(ii) emergency simulator exams.
The Commission shall transmit to the Congress the
plan required by this subsection within six months
after the date of the enactment of this Act [June 30,
1980], and shall implement as expeditiously as practicable each element thereof not requiring legislative
enactment.
‘‘(b) The Nuclear Regulatory Commission is authorized and directed to undertake a study of the feasibility
and value of licensing, under section 107 of the Atomic
Energy Act of 1954 [this section], plant managers of utilization facilities and senior licensee officers responsible for operation of such facilities. The Commission
shall report to the Congress within six months of the

Whenever the Congress declares that a state of
war or national emergency exists, the Commission is authorized to suspend any licenses granted under this chapter if in its judgment such action is necessary to the common defense and security. The Commission is authorized during
such period, if the Commission finds it necessary to the common defense and security, to
order the recapture of any special nuclear material or to order the operation of any facility licensed under section 2133 or 2134 of this title,
and is authorized to order the entry into any
plant or facility in order to recapture such material, or to operate such facility. Just compensation shall be paid for any damages caused
by the recapture of any special nuclear material
or by the operation of any such facility.
(Aug. 1, 1946, ch. 724, title I, § 108, as added Aug.
30, 1954, ch. 1073, § 1, 68 Stat. 939; amended Pub.
L. 86–373, § 2, Sept. 23, 1959, 73 Stat. 691; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8),
Oct. 24, 1992, 106 Stat. 2944.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning act Aug. 1, 1946, ch. 724, as added
by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as
the Atomic Energy Act of 1954, which is classified principally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under
section 2011 of this title and Tables.
AMENDMENTS
1959—Pub. L. 86–373 struck out ‘‘distributed under the
provisions of section 2073(a) of this title,’’ before ‘‘or to
order’’.

§ 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,

§ 2139a

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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) 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, § 109, as added Aug.
30, 1954, ch. 1073, § 1, 68 Stat. 939; amended Pub.
L. 87–615, § 9, Aug. 29, 1962, 76 Stat. 411; Pub. L.
89–645, § 1(b), Oct. 13, 1966, 80 Stat. 891; Pub. L.
95–242, title III, § 309(a), Mar. 10, 1978, 92 Stat. 141;
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)(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,

Page 4916

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.
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].’’
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.

§ 2139a. Regulations implementing requirements
relating to licensing for components and
other parts of facilities
(a) Omitted
(b) The Commission, not later than one hundred 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 Defense, 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 Commission, 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 provide 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.)
REFERENCES IN TEXT
Commission, referred to in text, is defined as meaning 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.

Page 4917

TITLE 42—THE PUBLIC HEALTH AND WELFARE
CODIFICATION

Section was enacted as part of the Nuclear Non-Proliferation Act of 1978, and not as part of the Atomic Energy 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), substituted ‘‘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 required,’’ after ‘‘prior consultations’’ in last sentence.
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.
DELEGATION OF FUNCTIONS
Secretary of Commerce to be responsible for performing 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 NonProliferation 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.

§ 2140. Exclusions from license requirement
Nothing in this subchapter shall be deemed—
(a) to require a license for (1) the processing,
fabricating, or refining of special nuclear material, or the separation of special nuclear material, or the separation of special nuclear material from other substances, under contract
with and for the account of the Commission;
or (2) the construction or operation of facilities under contract with and for the account of
the Commission; or
(b) to require a license for the manufacture,
production, or acquisition by the Department
of Defense of any utilization facility authorized pursuant to section 2121 of this title, or
for the use of such facility by the Department
of Defense or a contractor thereof.
(Aug. 1, 1946, ch. 724, title I, § 110, as added Aug.
30, 1954, ch. 1073, § 1, 68 Stat. 939; renumbered
title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct.
24, 1992, 106 Stat. 2944.)

§ 2141

§ 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, § 111, as added Pub.
L. 95–242, title III, § 301(c), Mar. 10, 1978, 92 Stat.
125; renumbered title I, Pub. L. 102–486, title IX,
§ 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; amended
Pub. L. 105–277, div. G, title XII, § 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,

§ 2142

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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.

§ 2142. Domestic medical isotope production
(a) The Commission may issue a license, or
grant an amendment to an existing license, for
the use in the United States of highly enriched
uranium as a target for medical isotope production in a nuclear reactor, only if, in addition to
any other requirement of this chapter—
(1) the Commission determines that—
(A) there is no alternative medical isotope
production target that can be used in that
reactor; and
(B) the proposed recipient of the medical
isotope production target has provided assurances that, whenever an alternative medical isotope production target can be used in
that reactor, it will use that alternative in
lieu of highly enriched uranium; and
(2) the Secretary of Energy has certified
that the United States Government is actively
supporting the development of an alternative
medical isotope production target that can be
used in that reactor.
(b) As used in this section—
(1) the term ‘‘alternative medical isotope
production target’’ means a nuclear reactor
target which is enriched to less than 20 percent of the isotope U–235;
(2) a target ‘‘can be used’’ in a nuclear research or test reactor if—
(A) the target has been qualified by the
Reduced Enrichment Research and Test Reactor Program of the Department of Energy;
and
(B) use of the target will permit the large
majority of ongoing and planned experiments and medical isotope production to be
conducted in the reactor without a large
percentage increase in the total cost of operating the reactor;
(3) the term ‘‘highly enriched uranium’’
means uranium enriched to 20 percent or more
in the isotope U–235; and
(4) the term ‘‘medical isotope’’ includes molybdenum-99, iodine-131, xenon-133, and other
radioactive materials used to produce a radiopharmaceutical for diagnostic or therapeutic
procedures or for research and development.
(Aug. 1, 1946, ch. 724, title I, § 112, as added Pub.
L. 112–239, div. C, title XXXI, § 3176(a), Jan. 2,
2013, 126 Stat. 2215; Pub. L. 113–66, div. C, title
XXXI, § 3144, Dec. 26, 2013, 127 Stat. 1071.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the
original ‘‘this Act’’, meaning act Aug. 1, 1946, ch. 724, as
added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919,
known as the Atomic Energy Act of 1954, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note
set out under section 2011 of this title and Tables.
AMENDMENTS
2013—Pub. L. 113–66 inserted section designation and
catchline.

Page 4918

SUBCHAPTER X—INTERNATIONAL
ACTIVITIES
§ 2151. Effect of international arrangements
Any provision of this chapter or any action of
the Commission to the extent and during the
time that it conflicts with the provisions of any
international arrangements made after August
30, 1954 shall be deemed to be of no force or effect.
(Aug. 1, 1946, ch. 724, title I, § 121, as added Aug.
30, 1954, ch. 1073, § 1, 68 Stat. 939; renumbered
title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct.
24, 1992, 106 Stat. 2944.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning act Aug. 1, 1946, ch. 724, as added
by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as
the Atomic Energy Act of 1954, which is classified principally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under
section 2011 of this title and Tables.
PRIOR PROVISIONS
Provisions similar to this section were contained in
section 1808(a) of this title, prior to the general amendment and renumbering of act Aug. 1, 1946, by act Aug.
30, 1954.

§ 2152. Policies contained in international arrangements
In the performance of its functions under this
chapter, the Commission shall give maximum
effect to the policies contained in any international arrangement made after August 30,
1954.
(Aug. 1, 1946, ch. 724, title I, § 122, as added Aug.
30, 1954, ch. 1073, § 1, 68 Stat. 939; renumbered
title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct.
24, 1992, 106 Stat. 2944.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning act Aug. 1, 1946, ch. 724, as added
by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as
the Atomic Energy Act of 1954, which is classified principally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under
section 2011 of this title and Tables.
PRIOR PROVISIONS
Provisions similar to this section were contained in
section 1808(c) of this title, prior to the general amendment and renumbering of act Aug. 1, 1946, by act Aug.
30, 1954.

§ 2153. Cooperation with other nations
No cooperation with any nation, group of nations or regional defense organization pursuant
to sections 2073, 2074(a), 2077, 2094, 2112, 2121, 2133,
2134, or 2164 of this title shall be undertaken
until—
(a) Terms, conditions, duration, nature, scope,
and other requirements of proposed agreements for cooperation; Presidential exemptions; negotiations; Nuclear Proliferation
Assessment Statement
the proposed agreement for cooperation has
been submitted to the President, which proposed agreement shall include the terms, con-