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AMEND ATOMIC ENERGY ACT OF 1946 17

delivery e4 stre+ H+aterial te #; # shall pay te the perseh #####ger extraeting the same er be seek ether persea as the Gemmission deter

dees het PettHFe delivery ef Stieh Haaterial te #; the reservatieh made £e this paragraph shall be efire #####er £eree ee effeet. The Secretary of the Interior is authorized and directed in cases where patents for public lands have been issued under the provisions of former section 5 (b) (?) of this Act before its amendment which reserved the rights to the United States specified in that section, to âssue new or supplemental patents without such reservation. “SEc. 68. The Commission shall not license any person to transfer or deliver, receive possession of or title to, or export from the United States any Source material if, in the opinion of the Commission, the issuance of a license to such person for such purpose would be inimical to the common defense and security.

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41 (562. 54---~ 4

“SEC. 71. DISTRIBUTION.—The Commission is authorized to issue licenses to applicants seeking to use byproduct distribute; with ep withetiteharge; bypreditet #aterials te applieaoats seeking sheh materials for research or development activity withetē eharge ahd £e per### sheh Hse for medical therapy, industrial uses, agricultural uses, or such other useful applications as may be developed, and to distribute such byproduct materials to the licensees with or without charge. In distributing such materials, the Commission shall give preference to applicants proposing to use such materials in the conduct of research and development activity or medical therapy. 4}re Gehałłłissieh shal! Het distribute Licensees of the Commission may distribute byproduct material to applicants therefor who are licensed by the Commission to receive such byproduct material. The Commission shall not permit the distribution of any byproduct material to any applied:# licensee, and shall recall any distributed materials from any applied:# licensee, who is not equipped to observe or who fails to observe such safety standards to protect health as may be established by the Commission or who uses such materials in violation of law or regulation of the Commission or in a manner other than as disclosed in the application therefor. The Commission is authorized to classify byproduct material, and ea’empt certain classes of materials from the licensing requirements herein set forth when it makes a finding in writing that the waiver of such license will not constitute an unreasonable risk to the common defense and security and to the health and safety of the nation.

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“CHAPTER 9. MILITARY APPLICATIONS OF ATOMIC ENERGY

“SEC. 81. AUTHORITY-The Commission is authorized to— “a. conduct experiments and do research and development work in the military application of atomic energy; and “b., engage in the production of atomic behabs weapons, or atomic weapon behab parts; er ether #H weapehs ##### - fałs; except that such activities shall be carried on only to the extent that the express consent and direction of the President of the United States has been obtained, which consent and direction shall be obtained at least once each year. The President from time to time may direct the Commission (1) to deliver such quantities of special material or atomic weapons to the armed forces for such use as he deems necessary in the interest of national defense or (2) to authorize the armed forces to manufacture, produce, or acquire any equiphaeat er deviee #### • • er atemäe energy as a ###&#y weapeño atomic weapon, or utilization facility for military purposes. “SEo. 82. PROHIBITION.—It shall be unlawful for any person to manufacture, produce, transfer, or acquire any atomic weapon or any equipment or device utilizing special material or atomic energy as a military weapon, except as may be authorized by the Commission pursuant to the provisions of this Act. Nothing in this subseetiełł section shall be deemed to modify the provisions of section 41 of this Act, or to prohibit research activities in respect of military weapons, or to permit the export of any such equipment or device.

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“CHAPTER 10. UTILIZATION OF ATOMIC ENERGY

“SEC. 101. LICENSE REQUIRED-It shall be unlawful, except as provided in sections 54, 81, 103, or 105, for any person within the United States to manufacture, produce, transport, or receive in interstate commerce or import or export any editiphaeH+ er deviee ######g speeia! Haaterial era tehsie energy utilization facility or to utilize special material or atomic energy with or without such equipment er deviee; facility, except under and in accordance with a license issued by the Commission authorizing such manufacture, production, transportation or receipt in interstate commerce, import, export, or utilization. dueed #eidehé te sheh aetivity; exeept as previe!ed # Seetiełłs 34 and 44. Nething # this seetień sha}} be deemed £e refore a Heehse £er the eehdāet of researeh ee develephtehé aetivities relating £e the Haaher deviees fee #edieak •

“SEC. 102. REPORT TO Congress.--Whenever in its opinion any type of industrial, commercial, or other nonmilitary use of special material or atomic energy has been sufficiently developed to be of practical value, the Commission shall prepare a report to the President stating all the facts with respect to such use, the Commission's estimate of the social, political, economic, and international effects of such use and the Commission's recommendations for necessary or desirable supplemental legislation. The President shall then transmit this report to the Congress together with his recommendations. No license for any such manufacture, production, transportation or receipt in interstate commerce or import, export, or use of special material or atomic energy within the United States shall be issued by the Commission under this section 103 until after (1) a report with respect to such type of manufacture, production, export, or use of s...}}material or atomic energy within the United States has been filed with the Congress; and (2) a period of ninety days in which the Congress was in session has elapsed after the report has been so filed. In computing such period of ninety days, there shall be excluded the days on which either House is not in Session because of an adjournment of more than three days.

“SEC. 103. Issus NCE OF LICENSEs.-After such ninety-day period, unless hereafter prohibited by law, the Commission may Heehse stieh issue licenses to engage in such type of manufacture, production, transportation, or receipt in interstate commerce or import, export, or use of special material or atomic energy within the United States in accordance with such procedures and subject to such conditions as it may by regulation establish to effectuate the provisions of this Act. The Commission is authorized and directed to issue licenses on a nonexclusive basis and to supply to the extent available appropriate quantities of special material to licensees (1) whose pro

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AMEND ATOMIC ENERGY ACT OF 1946 21

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posed activities will serve some useful purpose proportionate to the quantities of special material to be consumed; (2) who are equipped to observe and who do observe such safety standards to protect health and to minimize danger from explosion or other hazard to life or property as the Commission may establish; and (3) who agree to make available to the Commission such technical information and data concerning their activities pursuant to such licenses as the Commission may determine necessary teeheetheage siłłłłłęe aetivities by as fathy Heehsees as pessible: Etteh Stieh Heehse shall be issued £er a speeified peried; shall be reveeable ał &#y #Hae by the Geroissieh in aeeeedahee with Strek preeedtires as the €ełłłłłłissieh Haay estabenterprises in the field; the Gehähäissieh is atttherized ahd direeted £e refuse £e issue stieh Heehse ee te establish stieh eehditieńs te prevent

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o have these results to promote the common defense and security and to protect the public health and safety. Each such license shall be issued for a specified period, but not eaceeding twenty-five gyears, and may be renewed upon the easpiration of such period. No license may be given to any person for activities which are not under or within the jurisdiction of the United States, or to any foreign geveehaeht; ergovernment or to any corporation organized under the laws of any foreign country. No corporation or association may be a licensee if it is owned or controlled by a foreign corporation or government, or if more than 5 per centum of its voting stock is owned or voted by aliens or their representatives, or if more than 5 per centum of its members are aliens, or if any officer, director, or trustee is not a citizen of the United States. No individual may be a licensee unless he is a citizen of the United States. In any event, no license may be issued to any person within the United States if, in the opinion of the Commission, the issuance of a license to such person would be inimical to the common defense and security.

“Sec. 104. ByPRODUCT Pew BR ENERGY. —If energy which may be utilized is produced in the production of special material at production facilities owned by the United States, such energy may be used by the Commission, Érahsferred or sold to other Government agencies, or to publie publicly or private privately owned utilities or users at +rdee eehéraets previćing £ee reasonable and nondiscriminatory +esake prices.

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“SEc. 105. RESEARCH AND DEVELOPMENT AND MEDICAL THERAPY LicensEs.—The Commission shall license those research and development activities which utilize special material or atomic energy. The Commission shall also license the manufacture and use of equipment or devices for medical therapy which utilize special material or atomic energy. In connection with all of such activities, the Commission is directed to permit the greatest amount of research and development activities and the widest amount of medical therapy possible. In

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