An Act to amend the Atomic Energy Act of 1954, as amended, and for other purposes.
PL 88-489 (S.3075), enacted 08/26/1964

602 
PUBLIC LAW 88-4S8~AUG. 22, 1964 
[78 STAT. 
48 u s e 1681 
note. 
76 Stat. 64. 
Revolving fund, 
abolishment. 
such agency, if the assistance or progam will promote the welfare of 
the Trust Territory, notwithstanding any provision of law under 
which the Trust Territory may otherwise be ineligible for the assist-
ance or program: Provided^ That the Secretary of the Interior shall 
not request assistance pursuant to this subsection that involves, in the 
aggregate, an estimated nonreimbursable cost in any one fiscal year in 
excess of $150,000: Provided further. That the cost of any program 
extended to the Trust Territory under this subsection shall be reim-
bursable out of appropriations authorized and made for the govern-
ment of the Trust Territory pursuant to section 2 of this Act, as 
amended. The provisions of this subsection shall not apply to finan-
cial assistance under a grant-in-aid program." 
SEC. 2. Subsection 303(1) of the Communications Act of 1934 (48. 
Stat. 1082), as amended (47 U.S.C. 303(1)), is hereby amended by 
inserting the words: ", or citizens of the Trust Territory of the Pacific 
Islands presenting valid identity certificates issued by the High Com-
missioner of such Territory," immediately following the words "citi-
zens or nationals of the United States". 
SEC. 3. The revolving fund authorized by the Department of the 
Interior and Related Agencies Appropriation Act, 1956 (69 Stat. 
141, 149), to be available during fiscal year 1956 for loans to locally 
owned private training companies in the Trust Territory of the Pacific 
Islands, which revolving fund has been continued by subsequent 
annual appropriation Acts, is hereby abolished, and the total assets 
of the revolving fund are contributed as a grant to the government of 
the Trust Territory for use as a development fund within the Trust 
Territory of the Pacific Islands. 
Approved August 22, 1964. 
Public Law 88-488 
August 22. 1964 
JOINT RESOLUTION 
[H.J. Res. 1160] Making continuing appropriations for the fiscal year 1965, and for other purposes. 
Continuing ap-
propriations, 1965, 
Ante, 
p. 223. 
Resolved hy the Senate and House of Representatives 
of the United 
States of America in Congress assembled, That clause (c) of section 
102 of the joint resolution of June 29, 1964 (Public Law 88-325), is 
hereby amended by striking out "August 31, 1964" and inserting in 
liei} thereof "September 30,1964". 
Approved August 22, 1964. 
Public Law 88-489 
AN ACT 
August 26, 1964 
[^•^"'^^^ 
To amend the Atomic Energy Act of 1954, as amended, and for other purposes. 
Private Owner-
ship of Special 
Nuclear Materials 
Act. 
68 Stat. 921. 
42 u s e 2012. 
42 u s e 2013. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of Amerioa in Congress assenibed, That subsection 2 b. 
of the Atomic Energy Act of 1954, as amended, is deleted. 
SEC. 2. Subsection 2 h. of the Atomic Energy Act of 1954, as 
amended, is deleted. 
SEC. 3. Subsection 3 c. of the Atomic Energy Act of 1954, as 
amended, is amended to read as follows: 
"c. a program for Government control of the possession, use, 
and production of atjOmic energy and special nuclear material, 
whether owned by the Government or others, so directed as to 
make the maximum contribution to the common defense and secu-
78 STAT. ] 
PUBLIC LAW 88-489-AUG. 26, 1964 
603 
rity and the national welfare, and to provide continued assurance 
^f the Government's ability to enter into and enforce agreements 
with nations or groups of nations for the control of special nuclear 
materials and atomic weapons." 
SEC. 4. Section 52 of the Atomic Energy Act of 1954, as amended, 
is repealed. 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, and not by any other trans-
action authorized by the Atomic Energy Act of 1954, as amended, or 
other applicable law, are hereby extinguished. 
SEC. 5. Subsection 53 a. of the Atomic Energy Act of 1954, as 
amended, between the words *'The Commission" and "such material" 
is amended to read as follows: 
"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—" 
SEC. 6. Subsection 53 c. of ihe Atomic Energy Act of 1954, as 
amended, is amended to read as f 
ollow^s: 
"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 autnorized 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 tlie opinion 'of the Commission, will provide reason-
able conipensaton 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 neces-
sarv or desirable to distribute to such licensees such quantities of spe-
cial nuclear material as may be necessary for the conduct of the li-
censed 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 mate-
rial, 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 
Repeal. 
42 u s e 2072. 
Nuclear materi-
al, licenses. 
42 use 2073. 
42 u s e 2153. 
Distribution. 
42 use 2133, 
2134. 
Agreements, 
eharges. 
68 Stat. 930. 
42 use 2073. 
604 
PUBLIC LAW 88-489-AUG. 26, 1964 
[78 STAT. 
42 use 2133. 
42 use 2134. 
Purchase of 
special nuclear 
material. 
42 use 2074. 
Acquisition. 
42 use 2075. 
41 use 5. 
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, amon^ other things, whether the licensee is a nonprofit or 
eleemosynary institution and the purposes for which the special 
nuclear material will be used." 
SEC. 7. Subsection 53 d. of the Atomic Energy Act of 1954, as 
amended, is amended by adding the words "by lease" after the word 
"distributed", and by amending subsection d. (5) to read as follows: 
"(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 spe-
cial 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." 
SEC. 8. Subsection 53 e. of the Atomic Energy Act of 1954, as 
amended, is amended by deleting subsection 53 e. (1). 
SEC. 9. Section 54 of the Atomic Energy Act of 1954, as amended, 
is amended by adding the following at the end thereof: 
"The Commission may agree to repurchase any special nuclear 
material distributed under a sale arrangement pursuant to this section 
which is not consumed in the course of the activities conducted in 
accordance with the agreement for cooperation, or any uranium 
remaining after irradiation of such special nuclear material, at a re-
purchase price not to exceed the Commission's sale price for com-
parable special nuclear material or uranium in effect at the time of 
delivery of such material to the Commission. The Commission may 
also agree to purchase, consistent with and within the period of the 
agreement for cooperation, special nuclear material produced in a 
nuclear reactor located outside the United States through the use of 
special nuclear material which was leased or sold pursuant to this sec-
tion. 
LTnder any such agreement, the Commission shall purchase only 
such material as is delivered to the Commission during any period 
when there is in effect a guaranteed purchase price for the same mate-
rial produced in a nuclear reactor by a person licensed under section 
104, established by the Commission pursuant to section 56, and the 
price to be paid shall be the price so established by the Commission 
and in effect for the same material delivered to the Commission." 
SEC. 10. Section 55 of the Atomic Energy Act of 1954, as amended, 
is amended to read as follows: 
"SEC. 55. ACQUISITION.—The Commission is authorized, to the 
extent it deems necessary to effectuate the provisions of this Act, to 
purchase without regard to the limitations in section 54 or any guar-
anteed purchase prices established pursuant to section 56, and to 
take, requisition, condemn, or otherwise acquire any special nuclear 
material or any interest therein. 
Any contract of purchase made 
under this section 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 contracts for such purposes. Just com-
pensation shall be made for any right, property, or interest in property 
taken, requisitioned, or condemned under this section." 
78 STAT. ] 
PUBLIC LAW 88-489-AUG. 26, 1964 
605 
SEC. 1 L Section 56 of the Atomic Energy Act of 1954, as amended, 
Guaranteed pur-
is amended to read as follows; 
''^eTstatl^'gai. 
"SEC. 56. GUARANTEED PURCHASE PRICES.—The Cohimission shall 42 use 2076. 
establish guaranteed purchase prices for plutonium produced in a 
nuclear reactor by a person licensed under section 104 and delivered 
to the Commission before January 1, 1971. The Commission shall 
also establish for such periods of time as it may deem necessary but 
not to exceed ten years as to any such period, guaranteed purchase 
prices for uranium enriched in the isotope 233 produced in a nuclear 
reactor by a person licensed under section 104 and delivered to the 
^2 use 2134. 
Commission within the period of the guarantee. 
Guaranteed pur-
chase prices established under the authority of this section shall not 
exceed the Commission's determination of the estimated value of 
plutonium or uranium enriched in the isotope 233 as fuel in nuclear 
reactors, and such prices shall be established on a nondiscriminatory 
basis: Provided^ That the Commission is authorized to establish such 
guaranteed purchase prices only for such plutonium or uranium 
enriched in the isotope 233 as the Commission shall determine is pro-
duced through the use of special nuclear material which was leased 
or sold by the Commission pursuant to section 53." 
SEC. 12. Section 57 of the Atomic Energy Act of 1954, as amended, ^ unauthorized 
,
,
,
,
«
„ 
*'•' 
' 
' handling. 
IS amended to read as lollows: 
42 use 2077. 
"SEC. 57. PROHIBITION.— 
"a. Unless authorized by a general or specific license issued by 
the Commission, which the Commission is authorized to issue 
pursuant to section 53, no person may transfer or receive in inter-
state commerce, transfer, deliver, acquire, own, possess, receive 
possession of or title to, or import into or export from the United 
States any special nuclear material. 
"b. It shall be unlawful for any person to directly or indirectly 
engage in the production of any special nuclear material outside 
of the Ignited States except (1) under an agreement for coopera-
tion made pursuant to section 123, or (2) upon authorization by 
42 use 2153. 
the Commission after a determination that such activity will not 
be inimical to the interest of the United States, 
"c. The Commission shall not— 
"(1) distribute any special nuclear material to any person 
for a use which is not under the jurisdiction of the United 
States except pursuant to the provisions of section 54; or 
"(2) distribute any special nuclear material or issue a 
license pursuant to section 53 to any person Avithin the United 
States if the Commission finds that the distribution of such 
special nuclear material or the issuance of such license would 
be inimical to the common defense and security or would 
constitute an unreasonable risk to the health and safety of the 
public." 
SEC. 13. Section 58 of the Atomic P^nergy Act of 1954, as amended, 
eongressionai 
is amended \o read as follows: 
"^^ri^stat. 275. 
"SEC. 58. REVIEW.—Before the Commission establishes any guar- 
42 use 2078. 
anteed purchase price or guaranteed purchase price period in accord-
ance with the provisions of section 56, or establishes any criteria for 
the waiver of any charge for the use of special nuclear material 
licensed and distributed under section 53, the proposed guaranteed 
purchase price, guaranteed purchase price period, or criteria for the 
waiver of such charge shall be submitted to the Joint Committee and a 
606 
PUBLIC LAW 88-489-AUG. 26, 1964 
[78 STAT. 
68 Stat. 938. 
42 use 2135. 
42 u s e 2153. 
eontract au-
thority. 
42 use 2201. 
42 use 2221. 
period of forty-five days shall elapse while Congress is in session (in 
computing such forty-five days there shall be excluded the days in 
which either House is not in session because of adjournment for more 
than three days) : Provided^ however, That the Joint Committee, 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." 
SEC. 14, Section 105 of the Atomic Energy Act of 1954, as amended, 
is amended by deleting the phrase ", including the provisions which 
vest title to all special nuclear material in the United States," from the 
first sentence of subsection 105 a. 
SEC. 15. Section 123 of the Atomic Energy Act of 1954, as amended, 
is amended by adding "53," after the word "sections" in the first 
sentence. 
SEC. 16. Section 161 of the Atomic Energy Act of 1954, as amended, 
is amended by adding thereto the following new subsection: 
"v. (A) enter into Qontracts with persons licensed under sec-
tions 53,63,103 or 104 for such periods of-time as the Commission 
may deem necessary or desirable to provide, after December 31, 
1968, for the producing or enriching of special nuclear material 
in facilities owned by the Commission; and 
"(B) enter into contracts to provide, after December 31, 1968, 
for the producing or enriching of special nuclear material in 
facilities owned by the Commission in accordance with and within 
the period of an agreement for cooperation arranged pursuant 
to section 123 while comparable services are made available pur-
suant to paragraph (A) pf this subsection: 
Provided, That (i) prices for services under paragraph (A) of this 
subsection shall be established on a nondiscriminatory basis; (ii) 
prices for services under paragraph (B) of this subsection shall be no 
less than prices under paragraph (A) of this subsection; and (iii) 
any prices established under this subsection shall be on a basis which 
will provide reasonable compensation to the Government: And pro-
vided further, That the Commission, to the extent necessary to assure 
the maintenance of a viable domestic uranium industry, shall not offer 
such services for source or special nuclear materials of foreign origin 
intended for use in a utilization facility within or under the juris-
diction of the United States. The Commission shall establish criteria 
in writing setting forth the terms and conditions under which services 
provided under this subsection shall be made available including the 
extent to which such services will be made available for source or 
special nuclear material of foreign origin intended for use in a utiliza-
tion facility within or under the jurisdiction of the United States: 
Provided, That before the Commission establishes such criteria, the 
proposed criteria shall be submitted to the Joint Committee, and a 
period of forty-five days shall elapse while Congress is in session (in 
computing the forty-five days there shall be excluded the days in which 
either House is not in session because of adjournment for more than 
three days) unless the Joint Committee by resolution in writing waives 
the conditions of, or all or any portion of, such forty-five-day period." 
SEC. 17. Section 171 of the Atomic Energy Act of 1954, as amended, 
is amended by deleting the phrase "52 (with respect to the material for 
78STAT. ] 
PUBLIC LAW 88-491-AUG. 27, 1964 
607 
which the United States is retjuired to pay just compensation)," from 
the first sentence; and by addmg "55" after "43," in the first sentence. 
SEC. 18. Subsection 183 a. of the Atomic Energy Act of 1954, as 
amended, is deleted. 
SEC. 19. Section 184 of the Atomic Energy Act of 1954, as amended, 
is amended by adding the words "or special nuclear material," after 
"other lien upon any facility" in the second sentence; and by deleting 
the word "property in the second sentence and substituting the word 
"facility" m lieu thereof. 
SEC. 20. Nothing in this Act shall be deemed to diminish existing 
authority of the United States, or of the Atomic Energy Commission 
under the Atomic Energy Act of 1954, as amended, to regulate source, 
byproduct, and special nuclear material and production and utilization note 
facilities, or to control such materials and facilities exported from the 
United States by imposition of governmental guarantees and security 
safeguards with respect thereto, in order to assure the common 
defense and security and to protect the health and safety of the public, 
or to reduce the responsibility of the Atomic Energy Commission to 
achieve such objectives. 
SEC. 21. This Act may be cited as the "Private Ownership of Spe-
cial Nuclear Materials Act." 
Approved August 26, 1964. 
42 u s e 2233. 
42 u s e 2234. 
68 Stat. 9 19. 
42 u s e 2011 
Short title. 
Public Law 88-490 
AN ACT 
To amend section 41(H) of the Trading With the Enemy Act. 
August 26, 1964 
[S. 1451] 
Be it enacted hy the Senate and House of RepreHentatives of the 
United States of America in Congress assembled^ That section 41(a) 
of the Trading With the Enemy Act (50 U.S.C. App. 42 (a)), as added 
thereto by section 206 of the Act of October 22, 1962 (76 Stat. 1115), 
is amended by— 
(1) striking out in the first sentence thereof the words "report 
to the Congress concerning", and inserting in lieu thereof the 
words "render judgment upon"; 
(2) striking out in the second sentence thereof the words "one 
year after the date of the enactment of this Act", and inserting 
m lieu thereof the words "two years after the date of enactment 
of this section". 
Approved August 26, 1964. 
Trading With 
the Enemy Act, 
amendment. 
Public Law 88-491 
AN ACT 
To preserve the jurisdiction of the Congress over construction of hydroelectric 
projects on the Colorado River below Glen Canyon Dam. 
August 27, 1964 
[S. 502] 
Be it enacted hy the Senate and House of Rejyresentatives of the 
United States of America in Congress assembled^ That no licenses or 
H^dr^t" ^^^*'" 
permits shall be issued under the Federal Power Act (16 U.S.C. 791a- projecTs! ^''*"'' 
823) nor any applications for such licenses or permits be accepted for 
^i stat. loea; 
filing for the reach of the Colorado Eiver between Glen Canyon Dam "^^e'usc^824-
and Lake Mead during the period ending December 31,1966: Provided^ 825r. 
That nothing herein shall change or affect for the purposes of any 
action which may be taken subsequent to such date the present status, 
equities, position, rights, or priorities of any parties to applications 
pending on the date of the enactment of this Act. 
Approved August 27, 1964.