705 



uted by lease under subsection (a) (1), i2> or (4) 

 of this section and shall make a reasonable charge 

 determined pursuant to this section for the use of 

 special nuclear material licensed and distributed by 

 lease under subsection (aJi3i of this section. The 

 Commission shall establish criteria in writing for 

 the determination of whether special nuclear ma- 

 terial will be distributed by grant and for the deter- 

 mination of whether a charge will be made for the 

 use of special nuclear material licensed and dis- 

 tributed by lease under subsection (a) (1), (2) or 

 (4) of this section, considering, among other things, 

 whether the licensee is a nonprofit or eleemosynary 

 institution and the purposes for which the special 

 nuclear material will be used.' 



(d) Determination of charges. 



In determining the reasonable charge to be made 

 by the Commission for the use of special nuclear 

 material distributed by lease to licensees of utiliza- 

 tion or production facilities licensed pursuant to sec- 

 tion 2133 or 2134 of this title, in addition to consid- 

 eration of the cost thereof, the Commission shall 

 take into consideration — 



(1) the use to be made of the special nuclear 

 material; 



(2) the extent to which the use of the special 

 nuclear material will advance the development of 

 the peaceful uses of atomic energy; 



(3) the energy value of the special nuclear ma- 

 terial in the particular use for which the license 

 is issued; 



(4) whether the special nuclear material is to 

 be used in facilities licensed pursuant to section 

 2133 or 2134 of this title. In this respect, the 

 Commission shall, insofar as practicable, make 

 uniform, nondiscriminatory charges for the use 

 of special nuclear material distributed to facilities 

 licensed pursuant to section 2133 of this title; and 



(5) with respect to special nuclear material 

 consumed in a facility licensed pursuant to section 

 2133 of this title, the Commission shall make a 

 further charge equivalent to the sale price for 

 similar special nuclear material established by the 

 Commission in accordance with subsection (ci (2) 

 of this section, and the Commission may make 

 such a charge with respect to such material con- 

 sumed in a facility licensed pursuant to section 

 2134of this title. 



(e) License conditions. 



Each license issued pursuant to this section shall 

 contain and be subject to the following conditions — 



(1) Repealed. Pub L. 88-489, § 8, Aug. 26, 1964, 

 78 Stat 604. 



(2) no right to the special nuclear material 

 shall be conferred by the license except as defined 

 by the license; 



(3) neither the license nor any right under the 

 license shall be assigned or otherwise transferred 

 in violation of the provisions of this chapter; 



(4) all special nuclear material shall be subject 

 to the right of recapture or control reserved by 

 section 2138 of this title and to all other provisions 

 of this chapter; 



(5) no special nuclear material may be used in 

 any utilization or production facility except in 



accordance with the provisions of this chapter; 



(6) special nuclear material shall be distributed 

 only on terms, as may be established by rule of the 

 Commission, such that no user will be permitted 

 to construct an atomic weapon; 



(7) special nuclear material shall be distributed 

 only pursuant to such safety standards as may be 

 established by rule of the Commission to protect 

 health and to minimize danger to life or property; 

 and 



1 8) except to the extent that the indemnifica- 

 tion and limitation of liability provisions of sec- 

 tion 2210 of this title apply, the licensee will hold 

 the United States and the Commission harmless 

 from any damages resulting from the use or pos- 

 session of special nuclear material by the licensee. 



(f) Distribution for independent research and devel- 

 opment activities. 



The Commission is directed to distribute within 

 the United States sufficient special nuclear material 

 to permit the conduct of widespread independent 

 research and development activities to the maximum 

 extent practicable. In the event that applications for 

 special nuclear material exceed the amount available 

 for distribution, preference shall be given to those 

 activities which are most likely, in the opinion of the 

 Commission, to contribute to 'basic research, to the 

 development of peacetime uses of atomic energy, or 

 to the economic and military strength of the Nation. 

 <Aug. 1. 1946, ch. 724, §53, as added Aug. 30, 1954. 

 ch. 1073, § 1. 68 Stat. 930, and amended Sept. 2, 1957, 

 Pub. L. 85-256, § 2, 71 Stat. 576; Aug. 19, 1958, Pub. 

 L. 85-681. §§ 1, 2, 72 Stat. 632; Aug. 26, 1964, Pub. L. 

 88-489. §§ 5-8. 78 Stat. 603. 604; Dec. 14, 1967. Pub. L. 

 90-190. §§ 9. 10, 81 Stat. 577.) 



Amendments 



1967 — Subsec. (c)(1). Pub. L. 90-190. §10. added "or 

 through the provision of production or enrichment serv- 

 ices " wherever appearing. 



Subsec. (f ) Pub, L. 90-190. § 9. struck out the reference 

 to the limitations on the distribution of special nuclear 

 materials set by the President In determinations made 

 pursuant to section 2061 of this title. 



1964— Subsec (a) . Pub L 88-489. § 5. substituted "(1) 

 to Issue licenses to transfer or receive In Interstate com- 

 merce, transfer, deliver, acquire, possess, own, receive 

 posserslon 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. (11) 

 to make special nuclear material available for the period 

 of the license, and. (Ill)" for "to Issue licenses for the 

 possession of. to make available for the period of the 

 license, and " 



Subsec (c) Pub L 88-489. §6, designated existing 

 provisions as par (4). inserted "by lease" wherever ap- 

 pearing and "special nuclear material will be distributed 

 by grant and for the determination of whether" therein, 

 and added pars. (1) — (3) . 



Subsec (d). Pub L 88-489. §7. inserted "by lease" 

 In the introductory provisions, and In ch (5| substituted 

 "equivalent to the sale price for similar special nuclear 

 material established by the Commission in accordance 

 with subsection (c)(2) of this section, and the Com- 

 mission may make such a charge with respect to such 

 material consumed in a facility licensed pursuant to sec- 

 tion 2134 of this title" for "based on the cost to the 

 Commission, as estimated by the Commission, or the 

 average fair price paid for the production of such special 

 nuclear material as determined by section 2076 of this 

 title, whichever is lower." 



Subsec (e)(1) Pub. L 88-489. §8, deleted par. (1) 

 which provided that title to all special nuclear material 

 shall at all times be in the United States, 



