States, shall be the exclusive owner of all produc- Commission's facilities. "b. OPERATION OF THE COMMISSION'S PRODUCTION Operation FACILITIES.-The Commission is authorized and di- of the rected to produce or to provide for the production production of special nuclear material in its own production facilities. To the extent deemed necessary, the Commission is authorized to make, or to continue. in effect, contracts with persons obligating them to produce special nuclear material in facilities owned by the Commission. The Commission is also authorized to enter into research and development contracts authorizing the contractor to produce special nuclear material in facilities owned by the Commission to the extent that the production of such special nuclear material may be incident to the conduct of research and development activities under such contracts. Any contract entered into under this section shall contain provisions (1) prohibiting the contractor from subcontracting any part of the work he is obligated to perform under the contract, except as authorized by the Commission; and (2) obligating the contractor (A) to make such reports pertaining to activities under the contract to the Commission as the Commission may require, (B) to submit to inspection by employees of the Commission of all such activities, and (C) to comply with all safety and security regulations which may be prescribed by the Commission. Any contract made under the provisions of this paragraph may be made without 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 advance payments may be made under such contracts. 40 "c. OPERATION OF OTHER PRODUCTION FACILITIES.Special nuclear material may be produced in the 40 Public Law 90-190 (81 Stat. 575 (1967), sec. 8. deleted the last sentence of sec. 41b. which read as follows: "The President shall determine in writing at least once each year the quantities of special nuclear material to be produced under this section and shall specify in such determination the quantities of special nuclear material to be available for distribution by the Commission pursuant to section 53 or 54." 41 U.S.C. 252 (c). (See 41 U.S.C. 260 (b).) Operation of other production facilities. Irradiation of Acquisition of sec. 2063. 44 U.S.C. 252 (c). 260 (b).) facilities which under this section are not required to be owned by the Commission. "SEC. 42. IRRADIATION OF MATERIALS.-The Commission and persons lawfully producing or utilizing special nuclear material are authorized to expose materials of any kind to the radiation incident to the processes of producing or utilizing special nuclear material. "SEC. 43. ACQUISITION OF PRODUCTION FACILITIES.The Commission is authorized to purchase any interest. in facilities for the production of special nuclear materials, or in real property on which such facilities are located, without regard to the provisions of section 3709 (Sec. 41 U.S.c. 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 advance payments may be made under contracts for such purposes. The Commission is further authorized to requisition, condemn, or otherwise acquire any interest in such production facilities, or to condemn or otherwise acquire such real property, and just compensation shall be made therefor. Disposition of energy. Special nuclear "SEC. 44. DISPOSITION OF ENERGY.-If energy is produced at production facilities of the Commission or is produced in experimental utilization facilities of the Commission, such energy may be used by the Commission, or transferred to other Government agencies, or sold to publicly, cooperatively, or privately owned utilities or users at reasonable and nondiscriminatory prices. If the energy produced is electric energy, the price shall be subject to regulation by the appropriate agency having jurisdiction. In contracting for the disposal of such energy, the Commission shall give preference and priority to public bodies and cooperatives or to privately owned utilities providing electric utility services to high cost areas not being served by public bodies or cooperatives. Nothing in this Act shall be construed to authorize the Commission to engage in the sale or distribution of energy for commercial use except such energy as may be produced by the Commission incident to the operation of research and development facilities of the Commission, or of production facilities of the Commission. "CHAPTER 6. SPECIAL NUCLEAR MATERIAL "SEC. 51. SPECIAL NUCLEAR MATERIAL.-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 sub stantial quantities of atomic energy and must 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 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 for 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. Nuclear materi al. licenses. "SEC. 53.41 DOMESTIC DISTRIBUTION OF SPECIAL NU- 42 U.S.C. CLEAR MATERIAL. "a. The Commission is authorized (i) to issue licenses to transfer or receive in interstate commerce, transfer, deliver, acquire, possess, own, receive possession of or title to, import, or export under the terms of an agreement for cooperation arranged pursuant to section 123, 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-42 "(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; "(4) for such other uses as the Commission deter 41 Public Law 88-489 (78 Stat. 602) (1964), sec. 4, reads as follows: "Section 52 of the Atomic Energy Act of 1954, as amended, is repealed. All rights, title, and interest in and to any special nuclear material vested in the United States solely by virtue of the provisions of the first sentence of such section 52, and not by any other transaction authorized by the Atomic Energy Act of 1954, as amended, or other applicable law, are hereby extinguished." Section 52 read as follows: "SEC. 52. GOVERNMENT OWNERSHIP OF ALL SPECIAL NUCLEAR MATERIAL.-All rights, title, and interest in or to any special nuclear material within or under the jurisdiction of the United States, now or hereafter produced, shall be the property of the United States and shall be administered and controlled by the Commission as agent of and on behalf of the United States by virtue of this Act. Any person owning any interest in any special nuclear material at the time when such material is hereafter determined to be a special nuclear material shall be paid just compensation therefor. Any person who lawfuly produces any special nuclear material, except pursuant to a contract with the Commission under the provisions of section 31 or 41, shall be paid a fair price, determined pursuant to section 56. for producing such material." 42 Public Law 88-489 (78 Stat. 602) (1964), sec. 5, amended this subsection. Before amendment, this subsection read: "n. The Commission is authorized to issue licenses for the possession of, to make available for the period of the license, and to distribute special nuclear material within the United States to qualified applicants requesting such material—” sec. 2078 Distribution Agreements. mines to be appropriate to carry out the purposes of this Act.43 "b. The Commission shall establish, by rule, minimum criteria for the issuance of specific or general licenses for the distribution of special nuclear 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 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 material to be distributed. "c. (1) The Commission may distribute special nuclear material licensed 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 enrichment services 27a to any person who possesses or operates a utilization facility under a license issued pursuant to section 103 or 104 b. for use in 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. "(2) 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 nondiscriminatory basis which, in the opinion of the Commission, will provide reasonable compensation to the Government 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 special nuclear material as may be necessary for the conduct of the licensed activity. In such agreements, 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. 43 Public Law 85-681 (72 Stat. 632) (1958), sec. 1, added clause (4). "Public Law 90-190 (81 Stat. 575) (1967), sec. 10, added the phrase "or through the provision of production or enrichment services". "(4) The Commission may make a reasonable charge, Charges. determined pursuant to this section, for the use of special nuclear material licensed and distributed by lease under subsection 53 a. (1), (2) or (4) 45 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 53 a. (3). The Commission shall establish criteria in writing for the determination of whether special nuclear material will be distributed by grant and for the determination of whether a charge will be made for the use of special nuclear material licensed and distributed by lease under subsection 53 a. (1), (2) or (4), 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.46 "d. In determining the reasonable charge to be made by the Commission for the use of special nuclear material distributed by lease to licensees of utilization or production facilities licensed pursuant to section 103 or 104, in addition to consideration 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 material 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 103 or 104. 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 103; and "(5) with respect to special nuclear material consumed in a facility licensed pursuant to section 103, the Commission shall make a further charge equiva 45 Public Law 85-681 (72 Stat. 632) (1958). sec. 2, amended subsec. c. of sec. 53. Before amendment this phrase and the same phrase in the next sentence read "subsection 53 a. (1) or subsection 53 a. (2)". See footnote 29. 46 Public Law 88-489 (78 Stat. 602) (1964), sec. 6, amended subsec. 53c. Before amendment, this subsection read: "c. The Commission may make a reasonable charge, determined pursuant to this section. for the use of special nuclear material licensed and distributed under subsection 53 a. (1), (2) or (4) and shall make a reasonable charge determined pursuant to this section for the use of special nuclear material licensed and distributed under subsection 53 a. (3). The Commission shall establish criteria in writing for the determination of whether a charge will be made for the use of special nuclear material licensed and distributed under subsection 53 a. (1), (2) or (4) 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." 47 Public Law 88-489 (78 Stat. 602) (1964), sec. 7, added the words "by lease". |