Standards and criteria. Secretaries of State, Defense, and Commerce, the Direc tor 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 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'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 only 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 enactment of the Nuclear Non-Proliferation Act of 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 seeking an authorization under 42 U.S.C. 2014. this subsection shall be afforded the maximum degree of protection allowable by law: Provided further, 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 42 U.S.C. 7172. subsection 402 (d) of the Department of Energy Organization Act (Public Law 95-91), the Secretary of Energy and not the Federal Energy Regulatory Commission, shall have sole jurisdiction within the Department of Energy over any matter arising from any func42 U.S.C. 2074, tion of the Secretary of Energy in this section, section. 54 d., section 64, or section 111 b.57 Trade secrets, protection. Post, pp. 131, 141. 2094. Ante, p. 125. "c. The Commission shall not "(1) distribute any special nuclear material to any person for a use which is not under the jurisdic 57 Public Law 95-242 (92 Stat. 126) (1978), sec. 302, amended sec. 57 by substituting a complete new subsec. 57 (b). Before amendment, subsec. 57(b) read as follows: "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." tion 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 Certain exemptions. ›f special nuclear material and to exempt certain classes 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.58 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 58 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 inter- "(3) directly or indirectly engage in the production of any special 1) to any person for a use which is not under the jurisdiction (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." Source material. 42 U.S.C. Bec. 2091. Submittal of determination to Joint Committee. License for Domestic resolution in writing waive the conditions of, or i any portion of, such forty-five day period.59 60 "CHAPTER 7. SOURCE MATERIAL "SEC. 61. SOURCE MATERIAL.-The Commission r determine from time to time that other material is so material in addition to those specified in the definit of source material. Before making such determinati the Commission must find that such material is essent. to the production of special nuclear material and m find that the determination that such material is sour material is in the interest of the common defense at security, and the President must have expressly assente in writing to the determination. The Commission's d termination, together with the assent of the Presider shall be submitted to the Joint Committee* and a perica 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 MATE "a. The Commission is authorized to issue licenses for and to distribute source material within the United States to qualified applicants requesting such material— 59 Public Law 85-79 (71 Stat. 274) (1957), added sec. 58. See footnote 60. 60 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 waive the conditions of or all or any portion of such forty-five day period." *See Public Law 95-110, sec. 301b, page 141. (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 li cense 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 Commis- Charges. sion as an aid to science or industry. "b. The Commission shall establish, by rule, minimum iteria for the issuance of specific or general licenses or the distribution of source material depending upon he degree of importance to the common defense and ecurity 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. distribution of source material, 42 U.S.C. sec. 2094, "SEC. 64. FOREIGN DISTRIBUTION OF SOURCE MATE- Foreign RIAL.-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 42 U.S.C. 2094. 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.61 "SEC. 65. REPORTING.-The Commission is authorized to issue such rules, regulations, or orders requiring re Public Law 95-242 (92 Stat. 125) (1978), sec. 301(b), amended sec. 64 by adding the last sentence. 20.9.0. Reporting. 42 U.S.C. sec. 2095. Acquisition. 42 U.S.C. sec. 2096. 41 U.S.C. 252(c). 260 (b).) ports of ownership, possession, extraction, refining, s ment, or other handling of source material as it may d necessary, except that such reports shall not be requ with respect to (a) any source material prior to remo from its place of deposit in nature, or (b) quantities source material which in the opinion of the Commiss are unimportant or the reporting of which will disco age independent prospecting for new deposits. "SEC. 66. ACQUISITION.-The Commission is auth ized and directed, to the extent it deems necessary: effectuate the provisions of this Act "a. to purchase, take, requisition, condemn, © otherwise acquire supplies of source material; "b. to purchase, condemn, or otherwise acquir any interest in real property containing deposits 0: source material; and "c. to purchase, condemn, or otherwise acquire rights to enter upon any real property deemed by the Commission to have possibilities of containing deposits of source material in order to conduct pros pecting and exploratory operations for such deposits. Any purchase made under this section may be made with(See 41 U.S.C. out regard to the provisions of section 3709 of the Revised Statutes, as amended, upon certification by the Commission that such action is necessary in the interest of the common defense and security, or upon a showing by the Commission that advertising is not reasonably practicable. Partial and advanced payments may be made under contracts for such purposes. The Commission may establish guaranteed prices for all source material delivered to it within a specified time. Just compensation shall be made for any right, property, or interest in property taken, requisitioned, condemned, or otherwise acquired under this section. Operations on Public and "SEC. 67. OPERATIONS ON LANDS BELONGING TO THE UNITED STATES.-The Commission is authorized, to the extent it deems necessary to effectuate the provisions of this Act, to issue leases or permits for prospecting for, exploration for, mining of, or removal of deposits of source material in lands belonging to the United States: Provided, however, That notwithstanding any other provisions of law, such leases or permits may be issued for lands administered for national park, monument, and wildlife purposes only when the President by Executive Order declares that the requirements of the common defense and security make such action necessary. "SEC. 68. PUBLIC AND ACQUIRED LANDS.-62 "a. No individual, corporation, partnership, or association, which had any part, directly or indirectly, in the development of the atomic energy program, may benefit 62 Public Law 85-681 (72 Stat. 632) (1958), sec. 3, amended the title to sec. 68. Before amendment it read "PUBLIC LANDS." |