§2071 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Commission can add other materials to the special nuclear material list only if it finds they can release substantial quantities of atomic energy and that the change serves the common defense and security, and only after the President gives written assent. The Commission must send the decision and the President’s assent to the Energy Committees and wait 30 days while Congress is in session (excluding adjournments over three days) before it takes effect, unless the Energy Committees waive some or all of the 30‑day wait by written resolution.

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.

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.

§2071 Determination of Other Material as Special Nuclear Material; Presidential Assent; Effective Date