national 42 U.S.C. sec. 2138. "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 so 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. 66 "SEC. 109. COMPONENT AND OTHER PARTS OF FACILI TIES. Domestic activities licenses, issuance authorization "a. With respect to those utilization and production facilities which are so determined by the Commission pursuant to subsection 11 v. (2) 81 or 11 cc. (2) 82 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 42 USC 213 will not constitute an unreasonable risk to the common defense and security. licenses. "b. After consulting with the Secretaries of State, 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. Export (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 provided in section 126 b. (2), no such component, substance, 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 80 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. s1 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)". 82 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)". Exclusions. 42 U.S.C. sec. 2140. Regulations. 42 U.S.C. 2139a. Supra. Export control procedures, Presidential publications. 42 U.S.C. 2139a. Savings provision. 42 U.S.C. 2139 I note. 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 section 126 a., that the export would be inimical to the common defense and security of the United States." 83 "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 "b. to require a license for the manufacture, pròduction, 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.84 83 Public Law 95-242 (92 Stat. 141) (1978), sec. 309 (a), amended this section. Before amendment it read: "SEC. 109. COMPONENT PARTS OF FACILITIES.-With respect to those utilization and production facilities which are so determined by the Commission pursuant to subsection 11 v. (2) or 11 cc. (2) 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. Public Law 95-242 (92 Stat. 141) (1978), sec. 309 (b), (c), and (d), provided that :" (b) The Commission, not later than one hundred and twenty days after the date of the enactment of this Act, shall publish regulations to implement the provisions of subsections b. and c. of section 109 of the 1954 Act. Among other things, these regulations shall provide for the prior consultation by the Commission with the Department of State, the Department of Energy, the Department of Defense, the Department of Commerce, and the Arms Control and Disarmament Agency. (c) The President, within not more than one hundred and twenty days after the date of enactment of this Act, shall publish procedures regarding the control by the Department of Commerce over all export items, other than those licensed by the Commission, which could be, if used for purposes other than those for which the export is intended, of significance for nuclear explosive purposes. Among other things, these procedures shall provide for prior consultations, as required, by the Department of Commerce with the Department of State, the Arms Control and Disarmament Agency, the Commission, the Department of Energy, and the Department of Defense. (d) The amendments to section 109 of the 1954 Act made by this section shall not affect the approval of exports contracted for prior to November 1, 1977, which are made within one year of the date of enactment of such amendments." "SEC. 111. a. The Nuclear Regulatory Commission is authorized to license the distribution of special nuclear material, source material, and byproduct material by the Department of Energy pursuant to section 54, 64, and 82 of this 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 of their equivalent and any applicable criteria in subsection 128 are met, and that the proposed distribution would not be inimical to the common defense and security." 85 "CHAPTER 11. INTERNATIONAL ACTIVITIES "SEC. 121. EFFECT OF INTERNATIONAL ARRANGEMENTS.-Any provision of this Act or any action of the Commission to the extent and during the time that it 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. 111. Public Law 95-242 (92 Stat. 125) (1978), sec. 301 (c), added sec. 42 USC 2141. Supra. 42 USC 2112. Effect of Policies contained in international arrangements. 42 U.S.C. sec. 2152. 42 USC 2073, 2074, 2077, 2094, 2112, 2121, 2133, 2134, 2164. Cooperative agreements, submitted to President. Contents. "SEC. 123. COOPERATION WITH OTHER NATIONS."No cooperation with any nation, group of nations or regional defense organization pursuant to section 53 86, 54a. 87, 57, 64, 82, 91 88, 103, 104, or 144 shall be undertaken until "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; 86 Public Law 88-489 (78 Stat. 602) (1964), sec. 15, added "53.". 87 Sec. 5 of Public Law 93-377 (88 Stat. 475) (1974) changed the term "54" to "54a". 88 Public Law 85-479 (72 Stat. 276) (1958), sec. 3 amended sec. 123 by inserting "91," and substituting a new subsec. a. Before amendment subsec. a. read as follows: "a. the Commission or, in the case of those agreements for cooperation arranged pursuant to subsection 144 b., the Department of Defense has submitted to the President the proposed agreement for cooperation, together with its recommendation thereon, which proposed agreement shall include (1) the terms, conditions. duration. nature, and scope of the cooperation; (2) a guaranty by the cooperating party that security safeguards and standards as set forth in the agreement for cooperation will be maintained; (3) a guaranty by the cooperating party that any material to be transferred pursuant to such agreement will not be used for atomic weapons, or for research on or development of atomic weapons, or for any other military purpose; and (4) a guaranty by the cooperating party that any material or any Restricted Data to be transferred pursuant to the agreement for cooperation will not be transferred to unauthorized persons or beyond the jurisdiction of the cooperating party, except as specified in the agreement for cooperation ;". "(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 nuclear-weapon 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; "(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 42 USC 2121, 2164. |