or upon a showing by the Commission that advertising is not reasonably practicable; (2) make partial and advance payments under such arrangements; and (3) make available for use in connection therewith such of its equipment and facilities as it may deem desirable. "d. The arrangements made pursuant to this section shall contain such provisions (1) to protect health, (2) to minimize danger to life or property, and (3) to require the reporting and to permit the inspection of work performed thereunder, as the Commission may determine. No such arrangement shall contain any provisions or conditions which prevent the dissemination of scientific or technical information, except to the extent such dissemination is prohibited by law. Commission. "SEC. 32. RESEARCH BY THE COMMISSION.-The Com- Research by the mission is authorized and directed to conduct, through its own facilities, activities and studies of the types specified in section 31. "SEC. 33. RESEARCH FOR OTHERS.-Where the Commission finds private facilities or laboratories are inadequate to the purpose, it is authorized to conduct for other persons, through its own facilities, such of those activities and studies of the types specified in section 31 as it deems appropriate to the development of atomic energy. To the extent the Commission determines that private facilities or laboratories are inadequate to the purpose, and that the Commission's facilities, or scientific or technical resources have the potential of lending significant assistance to other persons in the fields of protection of public health and safety, the Commission may also assist other persons in these fields by conducting for such per sons, through the Commission's own facilities, research and development or training activities and studies. The Commission is authorized to determine and make such charges as in its discretion may be desirable for the conduct of the activities and studies referred to in this section.24e "CHAPTER 5. PRODUCTION OF SPECIAL NUCLEAR MATERIAL Research for others. "SEC. 41. OWNERSHIP AND OPERATION OF PRODUCTION Ownership and FACILITIES.operation of production "a. OWNERSHIP OF PRODUCTION FACILITIES.-The facilities. 240 Public Law 90-190 (81 Stat. 575), sec. 7, amended sec. 33. Prior to amendment, the section read as follows: "SEC. 33. RESEARCH FOR OTHERS.-Where the Commission finds private facilities or laboratories are inadequate to the purpose, it is authorized to conduct for other persons, through its own facilities, such of those activities and studies of the types specified in section 31 as it deems appropriate to the development of atomic energy. The Commission is authorized to determine and make such charges as in its discretion may be desirable for the conduct of such activities and studies." Operation 41 U.S.C. 252(c). (See 41 U.S.C. 260(b).) Operation of other production facilities. activities in the fields specified in section 31, and do not, in the opinion of the Commission, have a potential production rate adequate to enable the user of such facilities to produce within a reasonable period of time a sufficient quantity of special nuclear material to produce an atomic weapon; or (2) are licensed by the Commission pursuant to section 103 or 104. "b. OPERATION OF THE COMMISSION'S PRODUCTION FACILITIES.-The Commission is authorized and directed to produce or to provide for the production of special nuclear material in its own production facilities. To the extent deemed necessary, the Commission is authorized to make, or to continue in effect, contracts with persons obligating them to produce special nuclear material in facilities owned by the Commission. The Commission is also authorized to enter into research and development contracts authorizing the contractor to produce special nuclear material in facilities owned by the Commission to the extent that the production of such special nuclear material may be incident to the conduct of research and development activities under such contracts. Any contract entered into under this section shall contain provisions (1) prohibiting the contractor from subcontracting any part of the work he is obligated to perform under the contract, except as authorized by the Commission; and (2) obligating the contractor (A) to make such reports pertaining to activities under the contract to the Commission as the Commission may require, (B) to submit to inspection by employees of the Commission of all such activities, and (C) to comply with all safety and security regulations which may be prescribed by the Commission. Any contract made under the provisions of this paragraph may be made without regard to the provisions of section 3709 of the Revised Statutes, as amended, upon certification by the Commission that such action is necessary in the interest of the common defense and security, or upon a showing by the Commission that advertising is not reasonably practicable. Partial and advance payments may be made under such contracts.2 241 "C. OPERATION OF OTHER PRODUCTION FACILITIES.-Special nuclear material may be produced in the facilities which under this section are not required to be owned by the Commission. 24 Public Law 90-190 (81 Stat. 575), sec. 8, deleted the last sentence of sec. 41b., which read as follows: "The President shall determine in writing at least once each year the quantities of special nuclear material to be produced under this section and shall specify in such determination the quantities of special nuclear material to be available for distribution by the Commission pursuant to section 53 or 54.” materials. "SEC. 42. IRRADIATION OF MATERIALS.-The Commis- Irradiation of sion and persons lawfully producing or utilizing special nuclear material are authorized to expose materials of any kind to the radiation incident to the processes of producing or utilizing special nuclear material. Acquisition of production 252 (c). 44 U.S.C. "SEC. 43. ACQUISITION OF PRODUCTION FACILITIES.The Commission is authorized to purchase any interest facilities. in facilities for the production of special nuclear materials, or in real property on which such facilities are located, without regard to the provisions of section 3709 of the Revised Statutes, as amended, upon certification by the Commission that such action is necessary in the interest of the common defense and security, or upon a showing by the Commission that advertising is not reasonably practicable. Partial and advance payments may be made under contracts for such purposes. The Commission is further authorized to requisition, condemn, or otherwise acquire any interest in such production facilities, or to condemn or otherwise acquire such real property, and just compensation shall be made therefor. "SEC. 44. DISPOSITION OF ENERGY.-If energy is pro- Disposition of duced at production facilities of the Commission or is energy. produced in experimental utilization facilities of the Commission, such energy may be used by the Commission, or transferred to other Government agencies, or sold to publicly, cooperatively, or privately owned utilities or users at reasonable and nondiscriminatory prices. If the energy produced is electric energy, the price shall be subject to regulation by the appropriate agency having jurisdiction. In contracting for the disposal of such energy, the Commission shall give preference and priority to public bodies and cooperatives or to privately owned utilities providing electric utility services to high cost areas not being served by public bodies or cooperatives. Nothing in this Act shall be construed to authorize the Commission to engage in the sale or distribution of energy for commercial use except such energy as may be produced by the Commission incident to the operation of research and development facilities of the Commission, or of production facilities of the Commission. "CHAPTER 6. SPECIAL NUCLEAR MATERIAL material. "SEC. 51. SPECIAL NUCLEAR MATERIAL.-The Commis- Special nuclear sion may determine from time to time that other material is special nuclear material in addition to that specified in the definition as special nuclear material. Before making any such determination, the Commission must find that such material is capable of releasing substantial quantities of atomic energy and must find that the determination that such material is special nuclear Nuclear material, licenses. 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 for 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. 53.25 DOMESTIC DISTRIBUTION OF SPECIAL NUCLEAR MATERIAL. "a. The Commission is authorized (i) to issue licenses to transfer or receive in interstate commerce, transfer, deliver, acquire, possess, own, receive possession of or title to, import, or export under the terms of an agreement for cooperation arranged pursuant to section 123, special nuclear material, (ii) to make special nuclear material available for the period of the license, and, (iii) to distribute special nuclear material within the United States to qualified applicants requesting such material 26 "(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; "(4) for such other uses as the Commission determines to be appropriate to carry out the purposes of this Act.27 "b. The Commission shall establish, by rule, minimum criteria for the issuance of specific or general licenses for the distribution of special nuclear 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 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. (1) The Commission may distribute special nuclear material licensed under this section by sale, lease, lease with option to buy, grant, or through the provision of production or enrichment services: 27a Provided, however, That unless otherwise authorized by law, the Com- Distribution mission shall not after December 31, 1970, 'distribute special nuclear material except by sale or through the provision of production or enrichment services 27a to any person who possesses or operates a utilization facility under a license issued pursuant to section 103 or 104 b. 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 licensed and distributed by sale under this section. Such sales prices shall be established on a nondiscriminatory basis which, in the opinion of the Commission, will provide reasonable compensation 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 Agreements. as may be necessary for the conduct of the licensed activity. 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 repur "Public Law 85-681 (72 Stat. 632), sec. 1, added clause (4). 27a Public Law 90-190 (81 Stat. 575), sec. 10, added the phrase "or through the provision of production or enrichment services". |