42 U.S.C. § 2093 — Domestic distribution of source material

Page 5412 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2092 § 2092. License requirements for transfers Unless authorized by a general or specific li- cense issued by the Commission which the Com- mission is 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 li- censes shall not be required for quantities of source material which, in the opinion of the Commission, are unimportant. (Aug. 1, 1946, ch. 724, title I, § 62, 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.) Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in section 1805(b)(2) of this title, prior to the general amendment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954. § 2093. Domestic distribution of source material (a) License 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 develop- ment activities of the types specified in sec- tion 2051 of this title; (2) for use in the conduct of research and de- velopment activities or in medical therapy under a license issued pursuant to section 2134 of this title; (3) for use under a license issued pursuant to section 2133 of this title; or (4) for any other use approved by the Com- mission as an aid to science or industry. (b) Minimum criteria for licenses The Commission shall establish, by rule, min- imum criteria for the issuance of specific or gen- eral licenses for the distribution of source mate- rial 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) Determination of charges The Commission may make a reasonable charge determined pursuant to section 2201(m) of this title for the source material licensed and distributed under subsection (a)(1), (a)(2), or (a)(4) and shall make a reasonable charge deter- mined pursuant to section 2201(m) of this title, for the source material licensed and distributed under subsection (a)(3). The Commission shall establish criteria in writing for the determina- tion of whether a charge will be made for the source material licensed and distributed under subsection (a)(1), (a)(2), or (a)(4), considering, among other things, whether the licensee is a nonprofit or eleemosynary institution and the purposes for which the source material will be used. (Aug. 1, 1946, ch. 724, title I, § 63, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 933; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in section 1805(b)(3) of this title, prior to the general amendment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954. § 2094. 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 2153 of this title. 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 inter- ests of the United States. The authority to dis- tribute source material under this section other than under an export license granted by the Nu- clear Regulatory Commission shall in no case extend to quantities of source material in excess of three metric tons per year per recipient. (Aug. 1, 1946, ch. 724, title I, § 64, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 933; amended Pub. L. 95–242, title III, § 301(b), Mar. 10, 1978, 92 Stat. 125; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes AMENDMENTS 1978—Pub. L. 95–242 provided that 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. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–242 effective Mar. 10, 1978, except as otherwise provided and regardless of any re- quirement for the promulgation of implementing regu- lations, see section 603(c) of Pub. L. 95–242, set out as an Effective Date note under section 3201 of Title 22, For- eign Relations and Intercourse. Executive Documents PERFORMANCE OF FUNCTIONS PENDING DEVELOPMENT OF PROCEDURES The performance of functions under this chapter, as amended by the Nuclear Non-Proliferation Act of 1978, Pub. L. 95–242, Mar. 10, 1978, 92 Stat. 120, not to be de- layed pending development of procedures even though as many as 120 days [after Mar. 10, 1978] are allowed for establishing those procedures, see section 5(b) of Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out under section 3201 of Title 22, Foreign Relations and Inter- course.