Title 42The Public Health and WelfareRelease 119-73

§2071 Determination of other material as special nuclear material; Presidential assent; effective date

Title 42 › Chapter CHAPTER 23— - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY › Subchapter SUBCHAPTER V— - SPECIAL NUCLEAR MATERIAL › § 2071

Last updated Apr 6, 2026|Official source

Summary

Commission can add materials to the special nuclear material list if it finds the material can release large amounts of atomic energy and that adding it serves defense and security. The President must give written approval. It must notify the Energy Committees and wait 30 days while Congress is in session, excluding breaks over three days, unless the Committees waive part or all of the wait in writing.

Full Legal Text

Title 42, §2071

The Public Health and Welfare — Source: USLM XML via OLRC

The Commission may determine from time to time that other material is special nuclear material in addition to that specified in the definition as special nuclear material. Before making any such determination, the Commission must find that such material is capable of releasing substantial quantities of atomic energy and must find that the determination that such material is special nuclear material is in the interest of the common defense and security, and the President must have expressly assented in writing to the determination. The Commission’s determination, together with the assent of the President, shall be submitted to the Energy Committees and a period of thirty days shall elapse while Congress is in session (in computing such thirty days, there shall be excluded the days on which either House is not in session because of an adjournment for more than three days) before the determination of the Commission may become effective: Provided, however, That the Energy Committees, after having received such determination, may by resolution in writing, waive the conditions of or all or any portion of such thirty-day period.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

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

Amendments

1994—Pub. L. 103–437 substituted “Energy Committees” for “Joint Committee” in two places.

Reference

Citations & Metadata

Citation

42 U.S.C. § 2071

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73