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isotope 233 produced in a nuclear reactor by a person licensed under section 103 or section 104 and delivered to the Commission within the period of the guarantee.5 Guaranteed purchase prices established under the authority of this section shall not exceed the Commission's determination of the estimated value of plutonium or uranium enriched in the isotope 233 as fuel in nuclear reactors, and such prices shall be established on a nondiscriminatory basis: Provided, That the Commission is authorized to establish such guaranteed purchase prices only for such plutonium or uranium enriched in the isotope 233 as the Commission shall determine is produced through the use of special nuclear material which was leased or sold by the Commission pursuant to section 53.57 "SEC. 57. PROHIBITION.

Unauthorized handling.

sec. 2077.

"a. Unless authorized by a general or specific license 42U.S.C 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 any special nuclear material.

production.

"b. It shall be unlawful for any person to directly or Special nuclear indirectly engage in the production of any special nuclear material, material outside of the United States except (1) as spe- Technology cifically authorized under an agreement for cooperation 42 U.S.C. 2077. made pursuant to section 123, including a specific authori- Post, p. 142. zation in a subsequent arrangement under section 131 of this Act, or (2) upon authorization by the Secretary of Post, p. 127. 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 requests, Regulatory Commission, the Department of Commerce, and the Department of Defense. The Secretary of 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

56 Public Law 91-560 (84 Stat. 1472) (1970), sec. 2, added "section 103 or" to this sentence.

57 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. ""

Authorization

procedures.

[blocks in formation]

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 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 iniStandards and tiated 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 Čommission, 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.58

eriteria.

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

58 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 pro-
visions 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. of 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.59

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 thẹ Joint Committee, after having received the proposed guaranteed purchase price, guaranteed purchase price period, or criteria for the waiver of such charge, may by

50 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."

Source material. 42 U.S.C. sec. 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

resolution in writing waive the conditions of, or all or any portion of, such forty-five day period.60 61

"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 MATE

RIVAL.

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

60 Public Law 85-79 (71 Stat. 274) (1957), added sec. 58. See footnote 60.

81 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 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 Commis- Charges. sion 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.

distribution

material.

42 U.S.C.

sec. 2094.

"SEC. 64. FOREIGN DISTRIBUTION OF SOURCE MATE- Foreign RIAL.-The Commission is authorized to cooperate with of source 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.62

Reporting.

42 U.S.C.

"SEC. 65. REPORTING.-The Commission is authorized to issue such rules, regulations, or orders requiring re- sec. 2095.

Public Law 95-242 (92 Stat. 126) (1978), sec. 301(b), amended sec. 64 by adding the last sentence.

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