706 



1958 — Subsec. (a) (4) . Pub. L. 85-681, § 1 added subsec. 

 (a)(4). 



Subsec. (c). Pub. L. 85-681, §2, substituted "subsec- 

 tions (a) (1), (2) or (4)" for "subsection (a)(1) or (a) 

 (2)". 



1957 — Subsec. (e)(8). Pub. L. 85-256 Inserted "except 

 to the extent that the Indemnification and limitation ot 

 liability provisions of section 2210 of this title apply,".. 



Cross References 

 Nonprofit educational Institution exempt from fi- 

 nancial protection requirement, see section 2210 (k) of 

 thU title. 



Section Referred to in Other Sections 

 This section Is referred to In sections 2021, 2076, 2077. 

 2078, 2153, 2183, 2201, 2210, 2282 of this title. 



§2077. Unauthorized dealings in special nuclear 

 material. 



(a) Handling by persons. 



Unless authorized by a general or specific license 

 Issued by the Commission, which the Commission is 

 authorized to issue pursuant to section 2073 of this 

 title, no person may transfer or receive in interstate 

 commerce, transfer, deUver, acquire, own, possess, 

 receive possession of or title to, or import into or 

 export from the United States any special nuclear 

 material. 



(b) Production by persons. 



It shall be unlawful for any person to directly or 

 Indirectly engage in the production of any special 

 nuclear material outside of the United States except 

 (1) under an agreement for cooperation made pur- 

 suant to section 2153 of this title, or (2) upon au- 

 thorization by the Commission after a determination 

 that such activity will not be Inimical to the interest 

 of the United States. 



(c) Distribution by Commission. 



The Commission shall not — 



(1) distribute any special nuclear material to 

 any person for a use which is not under the juris- 

 diction of the United States except pursuant to 

 the provisions of section 2074 of this title; or 



(2) distribute any special nuclear material or 

 Issue a license pursuant to section 2073 of this title 

 to any person within the United States If the Com- 

 mission finds that the distribution of such special 

 nuclear mater'al or the Issuance of such license 

 would be Inimical to the common defense and 

 security or would constitute an unreasonable risk 

 to the health and safety of the public. 



(Aug. 1, 1946, ch. 724, § 57. as added Aug. 30, 1954, 

 ch. 1073, 8 1, 68 Stat. 932, and amended Aug. 26, 

 1964. Pub. L. 88-489. 8 12, 78 Stat. 605.) 



Amendments 

 1964— Pub. L. 88-'489 amended section generally, and 

 among other changes, Included all special nuclear mate- 

 rials within the section, eliminated the condition that 

 such material be "the property of the United States", in- 

 cluded delivery, acquisition, ownership and receiving 

 possession of or title to any special nuclear material 

 within the acts prohibited to persons, prohibited the 

 Commifsion from issuing a license pursuant to section 

 2073 of thU title if the Commission finds that the issuance 

 would be i nlml cw' to the common defense and security 

 or would constitute an unreaaonable 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 

 a nunrea£onable risk to the health and safety of the 

 public. 



Section Referred to in Other Sections 

 This section is referred to in sections 2016, 212!. 2163, 

 2154. 2201. 2272. 2282 of this itltle. 



SUBCHAPTER VI.— SOURCE MATERIAL 

 Prior Provisions 

 Provisions similar to those comprising this subchapter 

 were contained in section 5 of act Aug. 1, 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. 



SnBCHAPTER Referred to in Other Sections 

 This subchapter is referred to in section 2021 of this 

 title. 



§ 2091. Determination of source material. 



The Commission may determine from time to time 

 that other material is source material in addition 

 to those specified in the definition of source material. 

 Before making such determination, the Commission 

 must find that such material is essential to the pro- 

 duction of special nuclear material and must find 

 that the determination that such material is source 

 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 

 Committee 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 of more than three days) before thp 

 determination of the Commission may become effec 

 tive : Provided, however. That the Joint Committee, 

 after having received such determination, may by 

 resolution In writing waive the conditions of or all 

 or any portion of such thirty-day period. (Aug. 1. 

 1946, ch. 724, 8 61, as added Aug. 30, 1954, ch. 1073. 

 8 1, 68 Stat. 932.) 



Section Referred to in Other Sections 



This section Is referred to in sections 2014, 2201 of thtt 

 title; title 30 section 541e. 



§2092. License 'equirements for transfers. 



Unless authorized by a general or specific license 

 Issued by the Commission, which the Commission 

 Is authorized to issue, no person may transfer or 

 receive In Interstate commerce, transfer, deliver, re- 

 ceive possession of or title to, or Import into or 

 export from the United States any source material 

 after removal from Its place of deposit In nature, 

 except that licenses shall not be required for quanti- 

 ties of source material which, in the opinion of the 

 Commission, are unimportant. (Aug. 1, 1946. ch 

 724, 8 62. as added Aug. 30, 1954, ch. 1073, 8 1, 68 

 Stat. 932.) 



