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"c. designate the amounts of special nuclear material available for use by each such facility. "SEC. 107. OPERATORS' LICENSES.-The Commission Operators shall

"a. prescribe uniform conditions for licensing individuals as operators of any of the various classes of production and utilization facilities licensed in this Act;

"b. determine the qualifications of such individuals;

"c. issue licenses to such individuals in such form as the Commission may prescribe; and

"d. suspend such licenses for violations of any provision of this Act or any rule or regulation issued thereunder whenever the Commission deems such action desirable.

licenses.
42 U.S.C.
sec. 2137.

national

42 U.S.C.

"SEC. 108. WAR OR NATIONAL EMERGENCY.-Whenever War or the Congress declares that a state of war or national emergency. emergency exists, the Commission is authorized to sus- sec. 2138. pend any licenses granted under this Act if in its judgment such action is necessary to the common defense and security. The Commission is authorized during such period, if the Commission finds it necessary to the common defense and security, to order the recapture of any special nuclear material or to order the operation of any facility licensed under section 103 or 104, and is authorized to order the entry into any plant or facility in order to recapture such material, or to operate such facility. Just compensation shall be paid for any damages caused by the recapture of any special nuclear material or by the operation of any such facility.

"SEC. 109. COMPONENT AND OTHER PARTS OF FACILI- Domestic

TIES.

activites licenses, authorization.

"a. With respect to those utilization and production fa-an cilities which are so determined by the Commission pur- 42 U.S.C. 2139. suant to subsection 11 v. (2) or 11 cc. (2) the Commission may issue general licenses for domestic activities required to be licensed under section 101, if the Commission determines in writing that such general licensing will not constitute an unreasonable risk to the common defense and security.

"b. After consulting with the Secretaries of State, Export licenses. Energy, and Commerce and the Director, the Commission is authorized and directed to determine which component parts as defined in subsection 11 v. (2) or 11 cc. (2) and which other items or substances are especially relevant from the standpoint of export control because of their significance for nuclear explosive purposes. Except as Ante, P. 131. provided in section 126 b. (2), no such component, sub

84 Public Law 86-373 (73 Stat. 688) (1959), sec. 2, amended sec. 108 by deleting the phrase "distributed under the provisions of subsection 53 a.," after the words "special nuclear material" in the second sentence.

Exclusions. 42 U.S.C. sec. 2140.

stance, or item which is so determined by the Commission shall be exported unless the Commission issues a general or specific license for its export after finding, based on a reasonable judgment of the assurances provided and other information available to the Federal Government, including the Commission, that the following criteria or their equivalent are met: (1) IAEA safeguards as required by Article III (2) of the Treaty will be applied with respect to such component, substance, or item; (2) no such component, substance, or item will be used for any nuclear explosive device or for research on or development of any nuclear explosive device; and (3) no such component, substance, or item will be retransferred to the jurisdiction of any other nation or group of nations unless the prior consent of the United States is obtained for such retransfer; and after determining in writing that the issuance of each such general or specific license or category of licenses will not be inimical to the common defense and security: Provided, That a specific license shall not be required for an export pursuant to this section if the component, item or substance is covered by a facility license issued pursuant to section 126 of this Act.

"c. The Commission shall not issue an export license under the authority of subsection b. if it is advised by the executive branch, in accordance with the procedures established under subsection 126 a., that the export would be inimical to the common defense and security of the United States.85

"SEC. 110. EXCLUSIONS.-Nothing in this chapter shall be deemed

"a. to require a license for (1) the processing, fabricating, or refining of special nuclear material, or the separation of special nuclear material, or the separation of special nuclear material from other substances, under contract with and for the account of the Commission; or (2) the construction or operation of facilities under contract with and for the account of the Commission; or

85 Public Law 95-242 (92 Stat. 141) (1978), sec. 309 (a), amended sec. 109 by substituting a complete new sec. 109. Before amendment, sec 109 read as follows. "SEC. 109. COMPONENT PARTS OF FACILITIES.-With respect to those utilization and production facilities which are so determined by this Commission pursuant to subsection 11 v. (2) or 11 cc. (2) b the Commission may (a) issue general licenses for activities required to be licensed under section 101. if the Commission determines in writing that such general licensing will not constitute an unreasonable risk to the common defense and security, and (b) issue licenses for the export of such facilities, if the Commission determines in writing that each export will not constitute an unreasonable risk to the common defense and security.".

a Amended by Public Law 89-645 (80 Stat. 891) (1966), sec. 1. Prior to amendment, reference was to "11 t. (2)". Earlier, Public Law 87-615 (76 Stat. 409) (1962), sec. 9, had amended the reference. Prior to this amendment the reference was to "11 p. (2)".

b Amended by Public Law 89-645 (80 Stat. 891) (1966), sec. 1. Prior to amendment, reference was to "11 aa (2)". Earlier, Public Law 87-615 (76 Stat. 409) (1962), sec. 9, had amended the reference. Prior to this amendment the reference was to "11 v. (2)".

"b. to require a license for the manufacture, production, or acquisition by the Department of Defense of any utilization facility authorized pursuant to section 91, or for the use of such facility by the Department of Defense or a contractor thereof.

"SEC. 111. DISTRIBUTION BY THE DEPARTMENT OF ENERGY.

"a. The Nuclear Regulatory Commission is authorized 42 U.S.C. 2141. to license the distribution of special nuclear material,

source material, and byproduct material by the Depart- Supra. ment of Energy, pursuant to section 54, 64, and 82 of this 42 U.S.C. 2112. Act, respectively, in accordance with the same procedures established by law for the export licensing of such material by any person: Provided, That nothing in this section shall require the licensing of the distribution of byproduct material by the Department of Energy under section 82 of this Act.

"b. The Department of Energy shall not distribute any special nuclear material or source material under section 54 or 64 of this Act other than under an export license issued by the Nuclear Regulatory Commission until (1) the Department has obtained the concurrence of the Department of State and has consulted with the Arms Control and Disarmament Agency, the Nuclear Regulatory Commission, and the Department of Defense under mutually agreed procedures which shall be established within not more than ninety days after the date of enactment of this provision and (2) the Department finds based on a reasonable judgment of the assurances provided and the information available to the United States Government, that the criteria in section 127 of this Act or their equivalent and any applicable criteria in subsection 128 are met, and that the proposed distribution would not Post, p. 136. be inimical to the common defense and security.86

"CHAPTER 11. INTERNATIONAL ACTIVITIES

Post, p. 137.

arrangements.

"SEC. 121. EFFECT OF INTERNATIONAL ARRANGE- Effect of MENTS. Any provision of this Act or any action of the International Commission to the extent and during the time that it 42 U.S.C. conflicts with the provisions of any international arrangements made after the date of enactment of this Act shall be deemed to be of no force or effect.

"SEC. 122. POLICIES CONTAINED IN INTERNATIONAL ARRANGEMENTS.-In the performance of its functions under this Act, the Commission shall give maximum effect to the policies contained in any international arrangement made after the date of enactment of this Act.

"SEC. 123. COOPERATION WITH OTHER NATIONS."No cooperation with any nation, group of nations or

8 Public Law 95-242 (92 Stat. 125) (1978), sec. 301 (c), added sec. 111.

Sec. 2151.

Policies contained in

international
42 U.S.C.
sec. 2152.

arrangements.

2074, 2077,

42 U.S.C. 2073, regional defense organization pursuant to section 53, 54 a., 57, 64, 82, 91, 103, 104, or 144 shall be undertaken until

2094, 2112,

2121, 2133,

2134, 2164. Cooperative agreements, submittal to President. Contents.

"a. the proposed agreement for cooperation has been submitted to the President, which proposed agreement shall include the terms, conditions, duration, nature, and scope of the cooperation; and shall include the following requirements:

"(1) a guaranty by the cooperating party that safeguards as set forth in the agreement for cooperation will be maintained with respect to all nuclear materials and equipment transferred pursuant thereto, and with respect to all special nuclear material used in or produced through the use of such nuclear materials and equipment, so long as the material or equipment remains under the jurisdiction or control of the cooperating party, irrespective of the duration of other provisions in the agreement or whether the agreement is terminated or suspended for any reason;

"(2) in the case of non-nuclear-weapon states, a requirement, as a condition of continued United States nuclear supply under the agreement for cooperation, that IAEA safeguards be maintained with respect to all nuclear materials in all peaceful nuclear activities within the territory of such state, under its jurisdiction, or carried out under its control anywhere;

"(3) except in the case of those agreements for cooperation arranged pursuant to subsection 91 c., a guaranty by the cooperating party that no nuclear materials and equipment or sensitive nuclear technology to be transferred pursuant to such agreement, and no special nuclear material produced through the use of any nuclear materials and equipment or sensitive nuclear technology transferred pursuant to such agreement, will be used for any nuclear explosive device, or for research on or development of any nuclear explosive device, or for any other military purpose;

"(4) except in the case of those agreements for cooperation arranged pursuant to subsection 91 c. and agreements for cooperation with nuclearweapon states, a stipulation that the United States shall have the right to require the return of any nuclear materials and equipment transferred pursuant thereto and any special nuclear material produced through the use thereof if the cooperating party detonates a nuclear explosive device or terminates or abrogates an agreement providing for IAEA safeguards;

"(5) a guaranty by the cooperating party that any material or any Restricted Data transferred

pursuant to the agreement for cooperation and, except in the case of agreements arranged pursuant to subsection 91 c., 144 b. or 144 c., any production or utilization facility transferred pursuant to the agreement for cooperation or any special nuclear material produced through the use of any such facility or through the use of any material transferred pursuant to the agreement, will not be transferred to unauthorized persons or beyond the jurisdiction or control of the cooperating party without the consent of the United States;

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"(6) a guaranty by the cooperating party that adequate physical security will be maintained with respect to any nuclear material transferred pursuant to such agreement and with respect to any special nuclear material used in or produced through the use of any material, production facility, or utilization facility transferred pursuant to such agreement; '(7) except in the case of agreements for cooperation arranged pursuant to subsection 91 c., 144 b., or 144 c., a guaranty by the cooperating party that no material transferred pursuant to the agreement for cooperation and no material used in or produced through the use of any material, production facility, or utilization facility transferred pursuant to the agreement for cooperation will be reprocessed, enriched or (in the case of plutonium, uranium 233, or uranium enriched to greater than twenty percent in the isotope 235, or other nuclear materials which have been irradiated) otherwise altered in form or content without the prior approval of the United States;

"(8) except in the case of agreements for cooperation arranged pursuant to subsection 91 c., 144 b., or 144 c., a guaranty by the cooperating party that no plutonium, no uranium 233, and no uranium enriched to greater than twenty percent in the isotope 235, transferred pursuant to the agreement for cooperation, or recovered from any source or special nuclear material so transferred or from any source or special nuclear material used in any production facility or utilization facility transferred pursuant to the agreement for cooperation, will be stored in any facility that has not been approved in advance by the United States; and

"(9) except in the case of agreements for cooperation arranged pursuant to subsection 91 c., 144 b. or 144 c., a guaranty by the cooperating party that any special nuclear material, production facility, or utilization facility produced or constructed under the jurisdiction of the cooperating party by or through the use of any sensitive nuclear technology trans

42 U.S.C. 2121, 2164.

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