---
kind: "section"
citation: "42 U.S.C. § 2077"
title: "42"
title_heading: "The Public Health and Welfare"
number: "2077"
heading: "Unauthorized dealings in special nuclear material"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/2077"
units:
  - "Chapter 23 — Development and Control of Atomic Energy"
  - "Division A — Atomic Energy"
  - "Subchapter V — Special Nuclear Material"
---

# §2077. Unauthorized dealings in special nuclear material

- (a) **Handling by persons—** Unless authorized by a general or specific license issued by the [Commission](/usc/42/2014.md?p=f), which the [Commission](/usc/42/2014.md?p=f) is authorized to issue pursuant to [section 2073 of this title](/usc/42/2073.md), no [person](/usc/42/2014.md?p=s) 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](/usc/42/2014.md?p=bb) any [special nuclear material](/usc/42/2014.md?p=aa).
- (b) **Engagement or participation in development or production—** It shall be unlawful for any [person](/usc/42/2014.md?p=s) to directly or indirectly engage or participate in the development or production of any [special nuclear material](/usc/42/2014.md?p=aa) outside of the [United States](/usc/42/2014.md?p=bb) except (1) as specifically authorized under an [agreement for cooperation](/usc/42/2014.md?p=b) made pursuant to [section 2153 of this title](/usc/42/2153.md), including a specific authorization in a subsequent arrangement under [section 2160 of this title](/usc/42/2160.md), or (2) upon authorization by the [Secretary](/usc/42/242q–4.md?p=2) of Energy after a determination that such activity will not be inimical to the interest of the [United States](/usc/42/2014.md?p=bb): Provided, That any such determination by the [Secretary](/usc/42/242q–4.md?p=2) of Energy shall be made only with the concurrence of the Department of State and after consultation with the Nuclear Regulatory [Commission](/usc/42/2014.md?p=f), the Department of Commerce, and the Department of Defense. The [Secretary](/usc/42/242q–4.md?p=2) of Energy shall, within ninety days after March 10, 1978, establish orderly and expeditious procedures, including provision for necessary administrative actions and inter-[agency](/usc/42/2231.md?p=a) memoranda of understanding, which are mutually agreeable to the Secretaries of State, Defense, and Commerce, and the Nuclear Regulatory [Commission](/usc/42/2014.md?p=f) 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](/usc/42/2231.md?p=a) (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](/usc/42/2231.md?p=a) and inter-[agency](/usc/42/2231.md?p=a) disagreements and appeals to higher authorities, frequent meetings of inter-[agency](/usc/42/2231.md?p=a) 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](/usc/42/2231.md?p=a)’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](/usc/42/2014.md?p=s) 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)](/usc/42/2014.md) or (cc)(2) of this title shall be governed by sections [2139](/usc/42/2139.md) and [2155](/usc/42/2155.md) of this title: Provided further, That notwithstanding [section 7172(d) of this title](/usc/42/7172.md?p=d), the [Secretary](/usc/42/242q–4.md?p=2) of Energy and not the Federal Energy Regulatory [Commission](/usc/42/2014.md?p=f), shall have sole jurisdiction within the Department of Energy over any matter arising from any function of the [Secretary](/usc/42/242q–4.md?p=2) of Energy in this section, [section 2074(d)](/usc/42/2074.md?p=d), [section 2094](/usc/42/2094.md), or [section 2141(b) of this title](/usc/42/2141.md?p=b).
- (c) **Distribution by Commission—** The [Commission](/usc/42/2014.md?p=f) shall not—
  - (1) distribute any [special nuclear material](/usc/42/2014.md?p=aa) to any [person](/usc/42/2014.md?p=s) for a use which is not under the jurisdiction of the [United States](/usc/42/2014.md?p=bb) except pursuant to the provisions of [section 2074 of this title](/usc/42/2074.md); or
  - (2) distribute any [special nuclear material](/usc/42/2014.md?p=aa) or issue a license pursuant to [section 2073 of this title](/usc/42/2073.md) to any [person](/usc/42/2014.md?p=s) within the [United States](/usc/42/2014.md?p=bb) if the [Commission](/usc/42/2014.md?p=f) finds that the distribution of such [special nuclear material](/usc/42/2014.md?p=aa) or the issuance of such license would be inimical to the [common defense and security](/usc/42/2014.md?p=g) 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](/usc/42/2014.md?p=f) is authorized to establish classes of [special nuclear material](/usc/42/2014.md?p=aa) and to exempt certain classes or quantities of [special nuclear material](/usc/42/2014.md?p=aa) 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](/usc/42/2014.md?p=aa) or such kinds of uses or users would not be inimical to the [common defense and security](/usc/42/2014.md?p=g) 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](/usc/42/2014.md?p=aa), as defined in [section 2014 of this title](/usc/42/2014.md), produced in facilities licensed under section [2133](/usc/42/2133.md) or [2134](/usc/42/2134.md) of this title may not be transferred, reprocessed, used, or otherwise made available by any instrumentality of the [United States](/usc/42/2014.md?p=bb) or any other [person](/usc/42/2014.md?p=s) for nuclear explosive purposes.

## Source credit

(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.)

## Notes

### Editorial Notes

### Prior Provisions

Provisions similar to this section were contained in section 1805(a)(3) of this title, prior to the general amendment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

### Amendments

2004—Subsec. (b). Pub. L. 108–458 substituted “or participate in the development or production of any special nuclear material” for “in the production of any special nuclear material”.

1998—Subsec. (b). Pub. L. 105–277 struck out “the Arms Control and Disarmament Agency,” after “after consultation with” in first sentence and “the Director of the Arms Control and Disarmament Agency,” after “Defense, and Commerce,” in second sentence.

1983—Subsec. (e). Pub. L. 97–415 added subsec. (e).

1978—Subsec. (b). Pub. L. 95–242 substituted “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” for “except (1) under an agreement for cooperation made pursuant to section 2153 of this title, or (2) upon authorization by the Commission after a determination that such activity will not be inimical to the interest of the United States” in existing provisions and inserted provisos relating to determinations by the Secretary of Energy, the procedures to be followed in processing authorization requests, the export of component parts, and the jurisdiction of the Secretary of Energy.

1974—Subsec. (d). Pub. L. 93–377 added subsec. (d).

1964—Pub. L. 88–489 amended section generally, and among other changes, included all special nuclear materials within the section, struck out condition that such material be “the property of the United States”, included delivery, acquisition, ownership and receiving possession of or title to any special nuclear material within the acts prohibited to persons, prohibited the Commission from issuing a license pursuant to section 2073 of this title if the Commission finds that the issuance would be inimical to the common defense and security or would constitute an unreasonable risk to the health and safety of the public, and extended the power of the Commission to refuse to distribute any special nuclear material if it finds that the distribution would constitute an unreasonable risk to the health and safety of the public.

### Statutory Notes and Related Subsidiaries

### 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 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.

### Process for Review and Amendment of Part 810 Generally Authorized Destinations

Pub. L. 118–67, div. B, title I, § 105, July 9, 2024, 138 Stat. 1454, provided that: Identification and Evaluation of Factors.—Not later than 90 days after the date of enactment of this Act [July 9, 2024], the Secretary of Energy, with the concurrence of the Secretary of State, shall identify and evaluate factors, other than agreements for cooperation entered into in accordance with section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153), that may be used to determine a country’s generally authorized destination status under part 810 of title 10, Code of Federal Regulations, and to list such country as a generally authorized destination in Appendix A to part 810 of title 10, Code of Federal Regulations. Process Update.—The Secretary of Energy shall review and, as appropriate, update the Department of Energy’s process for determining a country’s generally authorized destination status under part 810 of title 10, Code of Federal Regulations, and for listing such country as a generally authorized destination in Appendix A to part 810 of title 10, Code of Federal Regulations, taking into consideration and, as appropriate, incorporating factors identified and evaluated under subsection (a). Revisions to List.—Not later than one year after the date of enactment of this Act, and at least once every 5 years thereafter, the Secretary of Energy shall, in accordance with any process updated pursuant to this section, review the list in Appendix A to part 810 of title 10, Code of Federal Regulations, and amend such list as appropriate.”

### Executive Documents

### 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.