Sec. 53. Domestic Distribution of Special Nuclear Material
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## Sec. 53 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— ####
(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. ### 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, or grant: *Provided, however, *That unless otherwise authorized by law, the Commission shall not after December 31, 1970, distribute special nuclear material except by sale 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 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 repurchase price not to exceed the Commission's sale price for comparable special nuclear material or uranium 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 53 a. (1),
(2)or
(4)and shall make a reasonable charge determined pursuant to this section for the use of special nuclear material licensed and distributed by lease under subsection 53 a. (3). The Commission 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 53 a. (1),
(2)or (4), considering, among other things, whether the licensee is a nonprofit or eleemosynary institution and the purposes for which the special nuclear material will be used. ### d In determining the reasonable charge to be made by the Commission for the use of special nuclear material distributed by lease to licensees of utilization or production facilities licensed pursuant to section 103 or 104, in addition to consideration of the cost thereof, the Commission shall take into consideration— ####
(1)the use to be made of the special nuclear material; ####
(2)the extent to which the use of the special nuclear material will advance the development of the peaceful uses of atomic energy; ####
(3)the energy value of the special nuclear material in the particular use for which the license is issued; ####
(4)whether the special nuclear material is to be used in facilities licensed pursuant to section 103 or 104. In this respect, the Commission shall, insofar as practicable, make uniform, nondiscriminatory charges for the use of special nuclear material distributed to facilities licensed pursuant to section 103; and ####
(5)with respect to special nuclear material consumed in a facility licensed pursuant to section 103, the Commission shall make a further charge equivalent to the sale price for similar special nuclear material established by the Commission in accordance with subsection 53 c. (2), and the Commission may make such a charge with respect to such material consumed in a facility licensed pursuant to section 104. ### e Each license issued pursuant to this section shall contain and be subject to the following conditions— **[**(1) Repealed by Pub. L. 88–489, §8, 78 Stat. 604, Aug. 26, 1964.**]** ####
(2)no right to the special nuclear material shall be conferred by the license except as defined by the license; ####
(3)neither the license nor any right under the license shall be assigned or otherwise transferred in violation of the provisions of this Act; ####
(4)all special nuclear material shall be subject to the right of recapture or control reserved by section 108 and to all other provisions of this Act; ####
(5)no special nuclear material may be used in any utilization or production facility except in accordance with the provisions of this Act; ####
(6)special nuclear material shall be distributed only on terms, as may be established by rule of the Commission, such that no user will be permitted to construct an atomic weapon; ####
(7)special nuclear material shall be distributed only pursuant to such safety standards as may be established by rule of the Commission to protect health and to minimize danger to life or property; and ####
(8)except to the extent that the indemnification and limitation of liability provisions of section 170 apply, the licensee will hold the United States and the Commission harmless from any damages resulting from the use or possession of special nuclear material by the licensee. ### f The Commission is directed to distribute within the United States sufficient special nuclear material to permit the conduct of widespread independent research and development activities to the maximum extent practicable. In the event that applications for special nuclear material exceed the amount available for distribution, preference shall be given to those activities which are most likely, in the opinion of the Commission, to contribute to basic research, to the development of peacetime uses of atomic energy, or to the economic and military strength of the Nation. **[**[42 U.S.C. 2073](/us/usc/t42/s2073)**]**
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- Pub. L. 88-489
- 78 Stat. 604
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Sec. 53
Domestic Distribution of Special Nuclear Material
Pub. L.Pub. L. 88-489
Stat.78 Stat. 604
Cites 3Cited by 0 across 0 sources