42 U.S.C. § 2072 — Repealed. Pub. L. 88–489, § 4, Aug. 26, 1964,

Page 5402 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2072 elapse while Congress is in session (in com- puting 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 Commis- sion may become effective: Provided, however, That the Energy Committees, after having re- ceived such determination, may by resolution in writing, waive the conditions of or all or any portion of such thirty-day period. (Aug. 1, 1946, ch. 724, title I, § 51, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 929; 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)(2), Nov. 2, 1994, 108 Stat. 4592.) Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in section 1805(a)(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. § 2072. Repealed. Pub. L. 88–489, § 4, Aug. 26, 1964, 78 Stat. 603 Section, act Aug. 1, 1946, ch. 724, § 52, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 929, related to Government ownership of all special nuclear material and provided for compensation of private owners of such material. Statutory Notes and Related Subsidiaries EXTINGUISHMENT OF RIGHTS, TITLE AND INTEREST IN SPECIAL NUCLEAR MATERIAL Pub. L. 88–489, § 4, Aug. 26, 1964, 78 Stat. 603, provided in part that: ‘‘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 [this section], and not by any other transaction authorized by the Atomic En- ergy Act of 1954, as amended [this chapter], or other ap- plicable law, are hereby extinguished.’’ § 2073. Domestic distribution of special nuclear material (a) Licenses The Commission is authorized (i) to issue li- censes to transfer or receive in interstate com- merce, transfer, deliver, acquire, possess, own, receive possession of or title to, import, or ex- port under the terms of an agreement for co- operation arranged pursuant to section 2153 of this title, special nuclear material, (ii) to make special nuclear material available for the period of the license, and, (iii) to distribute special nu- clear 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; (4) for such other uses as the Commission de- termines to be appropriate to carry out the purposes of this chapter. (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 special nu- clear material depending upon the degree of im- portance 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) Manner of distribution; charges for material sold; agreements; charges for material leased (1) The Commission may distribute special nu- clear material licensed under this section by sale, lease, lease with option to buy, or grant: Provided, however, That unless otherwise author- ized by law, the Commission shall not after De- cember 31, 1970, distribute special nuclear mate- rial except by sale to any person who possesses or operates a utilization facility under a license issued pursuant to section 2133 or 2134(b) of this title 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 li- censed and distributed by sale under this sec- tion. Such sales prices shall be established on a nondiscriminatory basis which, in the opinion of the Commission, will provide reasonable com- pensation 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 activ- ity. 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 ura- nium in effect at the time of delivery of such material to the Commission. (4) The Commission may make a reasonable charge, determined pursuant to this section, for the use of special nuclear material licensed and distributed by lease under subsection (a)(1), (2) or (4) and shall make a reasonable charge deter- mined pursuant to this section for the use of special nuclear material licensed and distrib- uted by lease under subsection (a)(3). The Com- mission 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 (a)(1), (2) or (4), considering, among other things, whether the licensee is a nonprofit or eleemosy-