42 U.S.C. § 2078 — Congressional review of guaranteed pur-

Page 5411 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2091 XXXI, § 3116(c), Aug. 13, 2018, 132 Stat. 2291; Pub. L. 117–81, div. C, title XXXI, § 3131(b), Dec. 27, 2021, 135 Stat. 2230; Pub. L. 117–263, div. C, title XXXI, § 3131(b), Dec. 23, 2022, 136 Stat. 3059.) Editorial Notes CODIFICATION Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2016, and not as part of the Atomic Energy Act of 1954 which comprises this chapter. AMENDMENTS 2022—Subsecs. (i), (j). Pub. L. 117–263 added subsec. (i) and redesignated former subsec. (i) as (j). 2021—Subsec. (a). Pub. L. 117–81 substituted ‘‘Annual reports’’ for ‘‘Report’’ in heading, ‘‘At the same time as the President submits to Congress the annual budget request under section 1105 of title 31 for a fiscal year,’’ for ‘‘Not less frequently than every 90 days,’’ in intro- ductory provisions, and ‘‘the preceding year’’ for ‘‘the preceding 90 days’’ in par. (1). 2018—Subsec. (e)(2)(C) to (E). Pub. L. 115–232 added subpar. (C) and redesignated former subpars. (C) and (D) as (D) and (E), respectively. Statutory Notes and Related Subsidiaries ‘‘CONGRESSIONAL DEFENSE COMMITTEES’’ DEFINED Congressional defense committees means the Com- mittees on Armed Services and Appropriations of the Senate and the House of Representatives, see section 3 of Pub. L. 114–92, 129 Stat. 745. See note under section 101 of Title 10, Armed Forces. Executive Documents DELEGATION OF AUTHORITY PURSUANT TO SECTION 3136(h) OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2016 Memorandum of President of the United States, May 10, 2016, 81 F.R. 31161, provided: Memorandum for the Secretary of State By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby order as follows: I hereby delegate functions and authorities vested in the President by section 3136(h) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92) (the ‘‘Act’’) to the Secretary of State. Any reference in this memorandum to the Act shall be deemed to be a reference to any future act that is the same or substantially the same as such provision. You are authorized and directed to publish this memorandum in the Federal Register. BARACK OBAMA. § 2078. Congressional review of guaranteed pur- chase price, guaranteed purchase price pe- riod, and criteria for waiver of charges Before the Commission establishes any guar- anteed purchase price or guaranteed purchase price period in accordance with the provisions of section 2076 of this title, or establishes any cri- teria for the waiver of any charge for the use of special nuclear material licensed and distrib- uted under section 2073 of this title, the pro- posed guaranteed purchase price, guaranteed purchase price period, or criteria for the waiver of such charge shall be submitted to the Energy Committees and a period of forty-five days shall elapse while Congress is in session (in com- puting such forty-five days there shall be ex- cluded the days in which either House is not in session because of adjournment for more than three days): Provided, however, That the Energy Committees, 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. (Aug. 1, 1946, ch. 724, title I, § 58, as added Pub. L. 85–79, § 2, July 3, 1957, 71 Stat. 275; amended Pub. L. 88–489, § 13, Aug. 26, 1964, 78 Stat. 605; re- numbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 103–437, § 15(f)(4), Nov. 2, 1994, 108 Stat. 4592.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–437 substituted ‘‘Energy Commit- tees’’ for ‘‘Joint Committee’’ in two places. 1964—Pub. L. 88–489 substituted ‘‘guaranteed pur- chase’’ and ‘‘purchase’’ for ‘‘fair’’ wherever appearing, ‘‘licensed and distributed’’ for ‘‘licensed or distrib- uted’’, and provided that the Joint Committee resolu- tion waiving the conditions of the forty-five-day period must be in writing. SUBCHAPTER VI—SOURCE MATERIAL § 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 determina- tion, the Commission must find that such mate- rial is essential to the production of special nu- clear material and must find that the deter- mination that such material is source material is in the interest of the common defense and se- curity, 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 Energy Committees and a period of thirty days shall elapse while Congress is in session (in computing such thirty days, there shall be ex- cluded 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 Energy Committees, after having received such determination, may by res- olution in writing waive the conditions of or all or any portion of such thirty-day period. (Aug. 1, 1946, ch. 724, title I, § 61, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 932; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; amended Pub. L. 103–437, § 15(f)(4), Nov. 2, 1994, 108 Stat. 4592.) Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in section 1805(b)(1) of this title, prior to the general amendment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954. AMENDMENTS 1994—Pub. L. 103–437 substituted ‘‘Energy Commit- tees’’ for ‘‘Joint Committee’’ in two places.