Domestic distribution of special nuclear material

42 U.S.C. § 2073

• Title: 42 — The Public Health and Welfare
• Chapter: SUBCHAPTER V—SPECIAL NUCLEAR MATERIAL

Text

(a) Licenses
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 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 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 2051 of this title;
(2) for use in the conduct of research and development 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 determines to be appropriate to carry out the purposes of this chapter.
(b) Minimum criteria for licenses
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) Manner of distribution; charges for material sold; agreements; charges for material leased
(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 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 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 (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 (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 (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) Determination of charges
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 2133 or 2134 of this title, 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 2133 or 2134 of this title. 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 2133 of this title; and
(5) with respect to special nuclear material consumed in a facility licensed pursuant to section 2133 of this title, 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 (c)(2), and the Commission may make such a charge with respect to such material consumed in a facility licensed pursuant to section 2134 of this title.
(e) License conditions
Each license issued pursuant to this section shall contain and be subject to the following conditions—
(1) Repealed. Pub. L. 88–489, §8, Aug. 26, 1964, 78 Stat. 604.
(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 chapter;
(4) all special nuclear material shall be subject to the right of recapture or control reserved by section 2138 of this title and to all other provisions of this chapter;
(5) no special nuclear material may be used in any utilization or production facility except in accordance with the provisions of this chapter;
(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 2210 of this title 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) Distribution for independent research and development activities
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.

History

(Aug. 1, 1946, ch. 724, title I, §53, as added Aug. 30, 1954, ch. 1073, §1, 68 Stat. 930; amended Pub. L. 85–256, §2, Sept. 2, 1957, 71 Stat. 576; Pub. L. 85–681, §§1, 2, Aug. 19, 1958, 72 Stat. 632; Pub. L. 88–489, §§5–8, Aug. 26, 1964, 78 Stat. 603, 604; Pub. L. 90–190, §§9, 10, Dec. 14, 1967, 81 Stat. 577; renumbered title I and amended Pub. L. 102–486, title IX, §902(a)(3), (8), Oct. 24, 1992, 106 Stat. 2944.)

Editorial Notes

Editorial Notes

References in Text
This chapter, referred to in subsecs. (a)(4) and (e)(3) to (5), was in the original "this Act", meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, §1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables.

Prior Provisions
Provisions similar to this section were contained in section 1805(a)(4) of this title, prior to the general amendment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

Amendments
1992—Subsec. (c)(1). Pub. L. 102–486, §902(a)(3), substituted "or grant" for "grant," and struck out "or through the provision of production or enrichment services" before ": Provided, however" and before "to any person".
1967—Subsec. (c)(1). Pub. L. 90–190, §10, inserted "or through the provision of production or enrichment services" wherever appearing.
Subsec. (f). Pub. L. 90–190, §9, struck out reference to the limitations on the distribution of special nuclear materials set by the President in determinations made pursuant to section 2061 of this title.
1964—Subsec. (a). Pub. L. 88–489, §5, substituted "(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 2153 of this title, special nuclear material, (ii) to make special nuclear material available for the period of the license, and, (iii)" for "to issue licenses for the possession of, to make available for the period of the license, and".
Subsec. (c). Pub. L. 88–489, §6, designated existing provisions as par. (4), inserted "by lease" wherever appearing and "special nuclear material will be distributed by grant and for the determination of whether", and added pars. (1) to (3).
Subsec. (d). Pub. L. 88–489, §7, inserted "by lease" in introductory provisions, and in ch. (5) substituted "equivalent to the sale price for similar special nuclear material established by the Commission in accordance with subsection (c)(2), and the Commission may make such a charge with respect to such material consumed in a facility licensed pursuant to section 2134 of this title" for "based on the cost to the Commission, as estimated by the Commission, or the average fair price paid for the production of such special nuclear material as determined by section 2076 of this title, whichever is lower".
Subsec. (e)(1). Pub. L. 88–489, §8, struck out par. (1) which provided that title to all special nuclear material shall at all times be in the United States.
1958—Subsec. (a)(4). Pub. L. 85–681, §1, added par. (4).
Subsec. (c). Pub. L. 85–681, §2, substituted "subsections (a)(1), (2) or (4)" for "subsection (a)(1) or (a) (2)".
1957—Subsec. (e)(8). Pub. L. 85–256 inserted "except to the extent that the indemnification and limitation of liability provisions of section 2210 of this title apply,".

Statutory Notes and Related Subsidiaries

Denial of Certain Domestic Licenses for National Security Purposes
Pub. L. 118–67, div. B, title I, §102, July 9, 2024, 138 Stat. 1451, provided that:
"(a) Definition of Covered Fuel.—In this section, the term 'covered fuel' means enriched uranium that is fabricated outside the United States into fuel assemblies for commercial nuclear power reactors by an entity that—
"(1) is owned or controlled by the Government of the Russian Federation or the Government of the People's Republic of China; or
"(2) is organized under the laws of, or otherwise subject to the jurisdiction of, the Russian Federation or the People's Republic of China.
"(b) Prohibition on Unlicensed Possession or Ownership of Covered Fuel.—Unless specifically authorized by the [Nuclear Regulatory] Commission in a license issued under section 53 of the Atomic Energy Act of 1954 (42 U.S.C. 2073) and part 70 of title 10, Code of Federal Regulations (or successor regulations), no person subject to the jurisdiction of the Commission may possess or own covered fuel.
"(c) License To Possess or Own Covered Fuel.—
"(1) Consultation required prior to issuance.—The Commission shall not issue a license to possess or own covered fuel under section 53 of the Atomic Energy Act of 1954 (42 U.S.C. 2073) and part 70 of title 10, Code of Federal Regulations (or successor regulations), unless the Commission has first consulted with the Secretary of Energy and the Secretary of State before issuing the license.
"(2) Prohibition on issuance of license.—
"(A) In general.—Subject to subparagraph (C), a license to possess or own covered fuel shall not be issued if the Secretary of Energy and the Secretary of State make the determination described in subparagraph (B)(i)(I).
"(B) Determination.—
"(i) In general.—The determination referred to in subparagraph (A) is a determination that possession or ownership, as applicable, of covered fuel—
"(I) poses a threat to the national security of the United States, including because of an adverse impact on the physical and economic security of the United States; or
"(II) does not pose a threat to the national security of the United States.
"(ii) Joint determination.—A determination described in clause (i) shall be jointly made by the Secretary of Energy and the Secretary of State.
"(iii) Timeline.—
"(I) Notice of application.—Not later than 30 days after the date on which the Commission receives an application for a license to possess or own covered fuel, the Commission shall notify the Secretary of Energy and the Secretary of State of the application.
"(II) Determination.—The Secretary of Energy and the Secretary of State shall have a period of 180 days, beginning on the date on which the Commission notifies the Secretary of Energy and the Secretary of State under subclause (I) of an application for a license to possess or own covered fuel, in which to make the determination described in clause (i).
"(III) Commission notification.—On making the determination described in clause (i), the Secretary of Energy and the Secretary of State shall immediately notify the Commission.
"(IV) Congressional notification.—Not later than 30 days after the date on which the Secretary of Energy and the Secretary of State notify the Commission under subclause (III), the Commission shall notify the appropriate committees of Congress [Committee on Energy and Commerce of the House of Representatives and Committee on Environment and Public Works of the Senate], the Committee on Foreign Relations of the Senate, the Committee on Energy and Natural Resources of the Senate, and the Committee on Foreign Affairs of the House of Representatives of the determination.
"(V) Public notice.—Not later than 15 days after the date on which the Commission notifies Congress under subclause (IV) of a determination made under clause (i), the Commission shall make that determination publicly available.
"(C) Effect of no determination.—The Commission shall not issue a license if the Secretary of Energy and the Secretary of State have not made a determination described in subparagraph (B).
"(d) Savings Clause.—Nothing in this section alters any treaty or international agreement in effect on the date of enactment of this Act [July 9, 2024] or that enters into force after the date of enactment of this Act."