such nation has made substantial progress in the whenever the President determines that the proposed "SEC. 92. PROHIBITION.-It shall be unlawful, except Prohibition. as provided in section 91, for any person to transfer or receive in interstate or foreign commerce, manufacture, produce, transfer, acquire, possess, import, or export any atomic weapon. Nothing in this section shall be deemed to modify the provisions of subsection 31 a. or section 101.29 "CHAPTER 10. ATOMIC ENERGY LICENSES 30 "SEC. 101. LICENSE REQUIRED.-It shall be unlawful, License except as provided in section 91, for any person within the United States to transfer or receive in interstate commerce, manufacture, produce, transfer, acquire, possess, use, import, or export any utilization or production facility except under and in accordance with a license issued by the Commission pursuant to section 103 or 104. "SEC. 102. FINDING OF PRACTICAL VALUE.-Whenever the Commission has made a finding in writing that any type of utilization or production facility has been sufficiently developed to be of practical value for industrial 28 Public Law 85-479 (72 Stat. 276), sec. 1, added new subsec. c to sec. 91. 20 Public Law 85-479 (72 Stat. 276), sec. 2, amended sec. 92 by substituting a complete new sec. 92. Before amendment sec, 92 read as follows: "SEC. 92. PROHIBITION.-It shall be unlawful for any person to transfer or receive in interstate commerce, manufacture, produce, transfer, acquire, possess, import, or export any atomic weapon, except as may be authorized by the Commission pursuant to the provisions of section 91. Nothing in this section shall be deemed to modify the provisions of subsection 31 a, or section 101." 30 Public Law 1006, 84th Cong. (ch. 1015, 2d sess., 70 Stat. 1069), sec. 11, added the word "use.' Commercial licenses. or commercial purposes, the Commission may thereafter issue licenses for such type of facility pursuant to section 103. "SEC. 103. COMMERCIAL LICENSES. 31 "a. Subsequent to a finding by the Commission as required in section 102, the Commission may issue licenses to transfer or receive in interstate commerce, manufacture, produce, transfer, acquire, possess, use,31 import, or export under the terms of an agreement for cooperation arranged pursuant to section 123, such type of utilization or production facility. Such licenses shall be issued in accordance with the provisions of chapter 16 and subject to such conditions as the Commission may by rule or regulation establish to effectuate the purposes and provisions of this Act. "b. The Commission shall issue such licenses on a nonexclusive basis to persons applying therefor (1) whose proposed activities will serve a useful purpose proportionate to the quantities of special nuclear material or source material to be utilized; (2) who are equipped to observe and who agree to observe such safety standards to protect health and to minimize danger to life or property as the Commission may by rule establish; and (3) who agree to make available to the Commission such technical information and data concerning activities under such licenses as the Commission may determine necessary to promote the common defense and security and to protect the health and safety of the public. All such information may be used by the Commission only for the purposes of the common defense and security and to protect the health and safety of the public. "c. Each such license shall be issued for a specified period, as determined by the Commission, depending on the type of activity to be licensed, but not exceeding forty years, and may be renewed upon the expiration of such period. "d. No license under this section may be given to any person for activities which are not under or within the jurisdiction of the United States, except for the export of production or utilization facilities under terms of an agreement for cooperation arranged pursuant to section 123, or except under the provisions of section 109. No license may be issued to an alien or 32 any corporation or other entity if the Commission knows or has reason to believe it is owned, controlled, or dominated by an alien, a foreign corporation, or a foreign government. 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 or to the health and safety of the public. * Public Law 1006, 84th Cong. (ch. 1015, 2d sess., 70 Stat. 1069), sec. 12, added the word "use." Public Law 84-1006 (70 Stat. 1069), sec. 13, added the words "an alien or." "SEC. 104. MEDICAL THERAPY AND RESEARCH AND DE- Medical VELOPMENT.— "a. The Commission is authorized to issue licenses to persons applying therefor for utilization facilities for use in medical therapy. In issuing such licenses the Commission is directed to permit the widest amount of effective medical therapy possible with the amount of special nuclear material available for such purposes and to impose the minimum amount of regulation consistent with its obligations under this Act to promote the common defense and security and to protect the health and safety of the public. "b. The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities involved in the conduct of research and development activities leading to the demonstration of the practical value of such facilities for industrial or commercial purposes. In issuing licenses under this subsection, the Commission shall impose the minimum amount of such regulations and terms of license as will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will be compatible with the regulations and terms of license which would apply in the event that a commercial license were later to be issued pursuant to section 103 for that type of facility. In issuing such licenses, priority shall be given to those activities which will, in the opinion of the Commission, lead to major advances in the application of atomic energy for industrial or commercial purposes. "c. The Commission is authorized to issue licenses to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 and which are not facilities of the type specified in subsection 104b. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development. "d. No license under this section may be given to any person for activities which are not under or within the jurisdiction of the United States, except for the export of production or utilization facilities under terms of an agreement for cooperation arranged pursuant to section 123 or except under the provisions of section 109. No license may be issued to any corporation or other entity if the Commission knows or has reason to believe it is owned, controlled, or dominated by an alien, a foreign corporation, or a foreign government. In any event, no license may be issued to any person within the United therapy and research and development. Antitrust provisions. 26 Stat. 209, 28 Stat. 570, 15 U. S. C. 8-11. 38 Stat. 730, 15 U. S. C. 12-27, 44; 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 or to the health and safety of the public. "SEC. 105. ANTITRUST PROVISIONS. "a. Nothing contained in this Act, including the provisions which vest title to all special nuclear material in the United States, shall relieve any person from the operation of the following Acts, as amended, 'An Act to protect trade and commerce against unlawful re15 U. S. C. 1-7. straints and monopolies' approved July second, eighteen hundred and ninety; sections seventy-three to seventyseven, inclusive, of an Act entitled An Act to reduce taxation, to provide revenue for the Government, and for other purposes' approved August twenty-seven, eighteen hundred and ninety-four; An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes' approved October fifteen, 18 U. S. C. 402; nineteen hundred and fourteen; and 'An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes' approved September twenty-six, nineteen hundred and fourteen. In the event a licensee is found by a court of competent jurisdiction, either in an original action in that court or in a proceeding to enforce or review the findings or orders of any Government agency having jurisdiction under the laws cited above, to have violated any of the provisions of such laws in the conduct of the licensed activity, the Commission may suspend, revoke, or take such other action as it may deem necessary with respect to any license issued by the Commission under the provisions of this Act. 29 U. S. C. 52, 53; 38 Stat. 717, 15 U. 8. C. 41-49. "b. The Commission shall report promptly to the Attorney General any information it may have with respect to any utilization of special nuclear material or atomic energy which appears to violate or to tend toward the violation of any of the foregoing Acts, or to restrict free competition in private enterprise. "c. Whenever the Commission proposes to issue any license to any person under section 103, it shall notify the Attorney General of the proposed license and the proposed terms and conditions thereof, except such classes or types of licenses, as the Commission, with the approval of the Attorney General, may determine would not significantly affect the licensee's activities under the antitrust laws as specified in subsection 105 a. Within a reasonable time, in no event to exceed 90 days after receiving such notification, the Attorney General shall advise the Commission whether, insofar as he can determine, the proposed license would tend to create or maintain a situation inconsistent with the antitrust laws, and such advice shall be published in the Federal Register. Upon the request of the Attorney General, the Commission shall furnish or cause to be furnished such information as the Attorney General determines to be appropriate or neces sary to enable him to give the advice called for by this section. "SEC. 106. CLASSES OF FACILITIES.-The Commission Classes of facilities. may "a. group the facilities licensed either under section 103 or under section 104 into classes which may include either production or utilization facilities or both, upon the basis of the similarity of operating and technical characteristics of the facilities; "b. define the various activities to be carried on at each such class of facility; and "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. national "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 suspend 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 33 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. parts of "SEC. 109. COMPONENT PARTS OF FACILITIES.-With re- Component spect to those utilization and production facilities which facilities. are so determined by the Commission pursuant to subsection 11 p. (2) 34 or 11 v. (2) 35 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 un Public Law 86-373 (73 Stat. 691), sec. 2, amended sec. 108 by delet ing the phrase "distributed under the provisions of subsection 53a,” after the words "special nuclear material" in the second sentence. 34 Because of subsequent amendments to sec. 11, this should now read 11 t. (2). Because of subsequent amendments to sec. 11, this should now read 11 aa. (2). |