704 



SUBCHAPTER V.— SPECIAL NUCLEAR 



MATERIAL 



Prior Provisions 



Provisions similar to those comprising this subchapter 

 were contained In section 5 of act Aug. I. 1946, ch. 724, 

 60 Stat. 760 (formerly classified to section 1805 of this 

 title) prior to the complete amendment and renumbering 

 of act Aug. 1. 1946 by act Aug. 30, 1954, ch. 1073, 68 Stat. 

 921. 



Cross References 



Agreements with States for discontinuance of Com- 

 mission regulation of certain materials under this sub- 

 chapter and exemptions from licensing requirements 

 therein contained, see section 2021 (b) and (f) of this 

 title. 



Subchapter Referred to in Other Sections 



This subchapter Is referred to In section 2021 of this 

 title. 



§2071. Determination of other material as special 

 nuclear material; Presidential assent; effective 

 date. 



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 quan- 

 tities of atomic energy and niust 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 Com- 

 mission's determination, together with the assent of 

 the President, shall be submitted to the Joint Com- 

 mittee 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 adjourn- 

 ment for more than three days) before the deter- 

 mination of the Commission may become effective: 

 Prcvided, however. That the Joint Committee, after 

 having received such determination, may by resolu- 

 tion in writing, waive the conditions of or all or any 

 portion of such thirty-day period. (Aug. 1, 1946, 

 ch. 724, § 51, as added Aug. 30. 1954, ch. 1073, § 1, 

 68 Stat. 929.) 



Section Referred to in Other Sections 



This section Is referred to In sections 2014. 2201 of this 

 UUe. 



§ 2073. Domestic distribution of special nuclear ma- 

 terial. 



(a) Licenses. 



The Commission is authorized ( i ) to issue licenses 

 to transfer or receive in interstate commerce, trans- 

 fer, deliver, acquire, possess, own, receive pyossession 

 of or title to, import, or export under the terms of 

 an agreement for cooperation arranged pursuant to 

 section 2153 of this title, special nuclear material, 

 (ii) to make special nuclear material available for 

 the period of the license, and, (iii) to distribute 

 special nuclear material within the United States 

 to qualified applicants requesting such material — 

 (1) for the conduct of research and develop- 

 ment activities of the types specified in section 

 2051 of this title; 



(21 for use in the conduct of rerearch and de- 

 velopment activities or in medical therapy under 

 a license issued pursuant to section 2134 of this 

 title; 



(3) for use under a license issued pursuant to 

 section 2133 of this title; 



(4) for such other uses as the Commission 

 determines to be appropriate to carry out the 

 purposes of this chapter. 



(b) Minimum criteria for licenses. 



The Commission shall establish, by rule, mini- 

 mum criteria for the issuance of specific or general 

 licenses for the distribution of special nuclear ma- 

 terial depending upon the degree of importance to 

 the common defense and security or to the health 

 and safety of the public of — 



il) the physical characteristics of the special 



nuclear material to be distributed; 



(2) the quantities of special nuclear material 

 to be distributed; and 



(3) the intended use of the special nuclear ma- 

 terial to be distributed. 



(c) Manner of distribution; charges for material sold; 

 agreements; charges for material leased. 



(1) The Commission may distribute special nu- 

 clear material Ucensed under this section by sale, 

 lease, lease with option to buy, grant, or through the 

 provision of production or enrichment services: 

 Provided, however, That unless otherwise authorized 

 by law, the Commission shall not after December 31, 

 1970, distribute special nuclear material except by 

 sale or through the provision of production or en- 

 ricliment services to any person who possesses or 

 operates a utilization facility under a license issued 

 pursuant to section 2133 or 2134(bi of this title for 

 use m the course of activities under such license; 

 nor shall the Commission permit any such person 

 after June 30, 1973, to continue leasing for use in the 

 course of such activities special nuclear material 

 previously leased to such person by the Commission. 



i2i The Commission shall establish reasonable 

 sales prices for the special nuclear material licensed 

 and distributed by sale under this section. Such 

 sales prices shall be established on a nondiscrimina- 

 tory basis which, in the opinion of the Commission, 

 will provide reasonable compensation to the Govern- 

 ment for such special nuclear material. 



(3) The Commission is authorized to enter into 

 agreements with licensees for such period of time 

 as the Commission may deem necessary or desirable 

 to distribute to such licensees such quantities of spe- 

 cial nuclear material as may be necessary for the 

 conduct of the Licensed activity. In such agree- 

 ments, the Commission may agree to repurchase any 

 special nuclear material licensed and distributed by 

 sale which is not consumed in the course of the 

 licensed activity, or any uranium remaining after 

 irradiation of such special nuclear material, at a 

 repurchase price not to exceed the Commission's 

 sale price for comparable special nuclear material 

 or uranium in effect at the time of delivery of such 

 material to the Commission. 



(41 The Commission may make a' reasonable 

 charge, determined pursuant to this section, for the 

 use of special nuclear material licensed and distrib- 



