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through the use of special nuclear material which was leased or sold by the Commission pursuant to section 53.58 "SEC. 57. PROHIBITION.

"a. Unless authorized by a general or specific license issued by the Commission, which the Commission is authorized to issue pursuant to section 53, no person 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 may special nuclear material.

Unauthorized

handling

42 U.S.C.

c. 2077

Special nuclear material, Technology 42 USC 2077.

production.

transfers.

requests,

"b. 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) as specifically authorized under an agreement for cooperation made pursuant to section 123, including a specific authorization in a subsequent arrangement under section 131 of this Act, 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: Provided, That any such determination by the Secretary of Energy shall be made only with the concurrence of the Department of State and after consultation with the Arms Control and Disarmament Agency, the Nuclear Regulatory Commission, the Department of Commerce, Authorization and the Department of Defense. The Secretary of procedures. Energy shall, within ninety days after the enactment of the Nuclear Non-Proliferation Act of 1978, establish orderly and expeditious procedures, including provision. for necessary administrative actions and inter-agency memoranda of understanding, which are mutually agreeable to the Secretaries of State, Defense, and Commerce, the Director of the Arms Control and Disarmament Agency, and the Nuclear Regulatory Commission 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 (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 and inter-agency disagreements and appeals to higher authorities, frequent meetings of inter-agency administrative coordinators to review the

Public Law 88-489 (78 Stat. 602) (1964), sec. 11 amended sec. 56 by substituting a new sec. 56. Before amendment sec. 56 read as follows: "SEC. 56. FAIR PRICE.-In determining the fair price to be paid by the Commission pursuant to section 52 for the production of any special nuclear material, the Commission shall take into consideration the value of the special nuclear material for its intended use by the United States and may give such weight to the actual cost of producing that material as the Commission finds to be equitable. The fair price, as may be determined by the Commission, shall apply to all licensed producers of the same material: Provided, however, That the Commission may establish guaranteed fair prices for all special nuclear material delivered to the Commission for such period of time as it may deem necessary but not to exceed seven years."

Standards and criteria.

Trade secrets, protection.

42 USC 2014.

42 USC 7172.

42 USC 2074, 2094.

Certain exemptions.

status of all pending requests, and similar administra-
tive 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'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 consul-
tations can be initiated in a timely manner. An immediate
effort should be undertaken to establish quickly any nec-
essary 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 the date of enact-
ment of the Nuclear Non-Proliferation Act of 1978 shall
not be delayed pending the development and establish-
ment of procedures to implement the requirements of
this subsection. Any trade secrets or proprietary infor-
mation submitted by any person seeking an authorization
under this subsection shall be afforded the maximum
degree of protection allowable by law: Provided fur-
ther, That the export of component parts as defined in
subsection 11 v. (2) or 11 cc. (2) shall be governed by
sections 109 and 126 of this Act: Provided further, That
notwithstanding subsection 402 (d) of the Department of
Energy Organization Act (Public Law 95-91), the Sec-
retary of Energy and not the Federal Energy Regulatory
Commission, shall have sole jurisdiction within the De-
partment of Energy over any matter arising from any
function of the Secretary of Energy in this section, sec-
tion 54 d., section 64, or section 111 b.59

"c. The Commission shall not

"(1) distribute any special nuclear material to any person for a use which is not under the jurisdiction of the United States except pursuant to the provisions of section 54; or

"(2) distribute any special nuclear material or issue a license pursuant to section 53 to any person within the United States if the Commission finds that the distribution of such special nuclear material 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.

"d. The Commission is authorized to establish classes of special nuclear material and to exempt certain classes

Public Law 95-242 (92 Stat. 126) (1978), sec. 302, amended this subsection. Before amendment it read:

"b. 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 pursuant to section 123. or (2) upon authorization by the Commission after a determination that such activity will not be inimical to the interest of the United States.

or quantities of special nuclear material 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 or such kinds of uses or users would not be inimical to the common defense and security and would not constitute an unreasonable risk to the health and safety of the public. 60

review.

"SEC. 58. REVIEW.-Before the Commission establishes Congressional any guaranteed purchase price or guaranteed purchase 42 U.S.c. price period in accordance with the provisions of section sec. 2078. 56, or establishes any criteria for the waiver of any charge for the use of special nuclear material licensed and distributed under section 53, the proposed guaranteed purchase price, guaranteed purchase price period, or criteria for the waiver of such charge shall be submitted to the Joint Committee and a period of forty-five days shall elapse while Congress is in session (in computing such forty-five days there shall be excluded the days in which either House is not in session because of adjournment for more than three days): Provided, however, That the Joint Committee, after having received the proposed guaranteed purchase price, guaranteed purchase price period, or criteria for the waiver of such charge, may by resolution in writing waive the conditions of, or all or any portion of, such forty-five day period.1

Section 3 of Public Law 93-377 (88 Stat. 475) (1974) added new subsec. d to sec. 57. Previously Public Law 88-489 (78 Stat. 602) (1964), sec. 12, amended sec. 57 by substituting a complete new sec. 57. Before amendment sec. 57 read as follows:

"SEC. 57. PROHIBITION.

"a. It shall be unlawful for any person to

"(1) possess or transfer any special nuclear material which is the property of the United States except as authorized by the Commission pursuant to subsection 53 a. ;

(2) transfer or receive any special nuclear material in interstate commerce except as authorized by the Commission pursuant to subsection 53 a., or export from or import into the United States any special nuclear material; and

(3) directly or indirectly engage in the production of any special nuclear material outside of the United States except (A) under an agreement for cooperation made pursuant to section 123, or (B) upon authorization by the Commission after a determination that such activity will not be inimical to the interest of the United States. "b. The Commission shall not distribute any special nuclear material(1) to any person for a use which is not under the jurisdiction of the United States except pursuant to the provisions of section 54; or

(2) to any person within the United States, if the Commission finds that the distribution of such special nuclear material to such person would be inimical to the common defense and security."

1 Public Law 85-79 (71 Stat. 274) (1957), added sec. 58. See footnote 41.

Public Law 88-489 (78 Stat. 602) (1964), sec. 13, amended sec. 58 by substituting a complete new sec. 58. Before amendment sec. 58 read as follows:

"SEC. 58. REVIEW.-Before the Commission establishes any fair price or guaranteed fair price period in accordance with the provisions of section 56, or establishes any criteria for the waiver of any charge for the use of special nuclear material licensed or distributed under section 53 the proposed fair price, guaranteed fair price period, or criteria for the waiver of such charge shall be submitted to the Joint Committee, and a period of forty-five days shall elapse while Congress is in session (in computing such forty-five days there shall be excluded the days in which either House is not in session because of adjournment for more than three days): Provided, however, That the Joint Committee, after having received the proposed fair price, guaranteed fair prices period, or criteria for the waiver of such charge, may by resolution walve the conditions of or all or any portion of such forty-five day period."

Source material. 42 U.S.C. вес. 2091.

Submittal of determination to Joint Committee.

License for
transfers
required.
42 U.S.C.
Bec. 2092.

Domestic distribution of source material. 42 U.S.C. sec. 2093.

Charges.

“CHAPTER 7. SOURCE MATERIAL

"SEC. 61. 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 production 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 Commission'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 the determination of the Commission may become effective: 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.

"SEC. 62. LICENSE FOR TRANSFERS REQUIRED.-Unless authorized by a general or specific license issued by the Commission, which the Commission is hereby authorized to issue, no person may transfer or receive in interstate commerce, transfer, deliver, receive 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 quantities of source material which, in the opinion of the Commission, are unimportant.

"SEC. 63. DOMESTIC DISTRIBUTION OF SOURCE MATERIAL.

"a. The Commission is authorized to issue licenses for and to distribute source material within the United States to qualified applicants requesting such material

"(1) for the conduct of research and development activities of the types specified in section 31;

"(2) for use in the conduct of research and development activities or in medical therapy under a license issued pursuant to section 104;

"(3) for use under a license issued pursuant to section 103; or

"(4) for any other use approved by the Commission as an aid to science or industry.

"b. The Commission shall establish, by rule, minimum criteria for the issuance of specific or general licenses for the distribution of source material depending upon the degree of importance to the common defense and security or to the health and safety of the public of— "(1) the physical characteristics of the source material to be distributed;

"(2) the quantities of source material to be distributed; and

"(3) the intended use of the source material to be distributed.

"c. The Commission may make a reasonable charge determined pursuant to subsection 161 m. for the source material licensed and distributed under subsection 63 a. (1), subsection 63 a. (2), or subsection 63 a. (4), and shall make a reasonable charge determined pursuant to subsection 161 m., for the source material licensed and distributed under subsection 63 a. (3). The Commission shall establish criteria in writing for the determination of whether a charge will be made for the source material licensed and distributed under subsection 63 a. (1), subsection 63 a. (2), or subsection 63 a. (4), considering, among other things, whether the license is a nonprofit or eleemosynary institution and the purposes for which the source material will be used.

"SEC. 64. FOREIGN DISTRIBUTION OF SOURCE MATERIAL.-The Commission is authorized to cooperate with any nation by distributing source material and to distribute source material pursuant to the terms of an agreement for cooperation to which such nation is a party and which is made in accordance with section 123. The Commission is also authorized to distribute source material outside of the United States upon a determination by the Commission that such activity will not be inimical to the interests of the United States.

"The authority to distribute source material under this section other than under an export license granted by the Nuclear Regulatory Commission shall in no case extend to quantities of source material in excess of three metric tons per year per recipient.62

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42 U.S.C. sec. 2095.

"SEC. 65. REPORTING.-The Commission is authorized Reporting. to issue such rules, regulations, or orders requiring reports of ownership, possession, extraction, refining, shipment, or other handling of source material as it may deem necessary, except that such reports shall not be required with respect to (a) any source material prior to removal from its place of deposit in nature, or (b) quantities of source material which in the opinion of the Commission are unimportant or the reporting of which will discourage independent prospecting for new deposits.

42 U.S.C.

"SEC. 66. ACQUISITION.-The Commission is author- Acquisition. ized and directed, to the extent it deems necessary to sec. 2096. effectuate the provisions of this Act

"a. to purchase, take, requisition, condemn, or otherwise acquire supplies of source material;

"b. to purchase, condemn, or otherwise acquire any interest in real property containing deposits of source material; and

Public Law 95-242 (92 Stat. 125) 1978, sec. 301 (b), added the last sentence of sec. 64.

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