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Title 42, The Public Health and WelfareRelease 119-102

§2141 Licensing by Nuclear Regulatory Commission of Distribution of Special Nuclear Material, Source Material, and Byproduct Material by Department of Energy

Title 42 › CHAPTER 23 — DEVELOPMENT AND CONTROL OF ATOMIC ENERGY › SUBCHAPTER IX — ATOMIC ENERGY LICENSES › § 2141

Last updated Aug 21, 2026|Official source

Summary

The Nuclear Regulatory Commission can issue licenses letting the Department of Energy distribute special nuclear material, source material, and byproduct material under sections 2074, 2094, and 2112. The NRC must use the same export-license rules that apply to private parties. The law does not force the NRC to license DOE distributions of byproduct material under section 2112. The Department of Energy cannot distribute special nuclear or source material under sections 2074 or 2094 without an NRC export license until it gets the Department of State’s agreement, consults with the NRC and the Department of Defense under procedures set within 90 days after March 10, 1978, and reasonably finds that the criteria in section 2156 (or equivalent) and any in section 2157 are met and the distribution would not harm the common defense and security.

Full Legal Text

Title 42, §2141

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

(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1998—Subsec. (b). Pub. L. 105–277 substituted “the Nuclear Regulatory Commission” for “the Arms Control and Disarmament Agency, the Nuclear Regulatory Commission,”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1998 AmendmentAmendment 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.

Executive Documents

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 ProceduresThe 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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 2141

Title 42, The Public Health and Welfare

Last Updated

Aug 21, 2026

Release point: 119-102