42 U.S.C. § 2091 — Determination of source material

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. 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.