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42 U.S.C. 2114.

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"(7) Material and land transferred to th States or a State in accordance with this subsec be transferred without cost to the United States (other than administrative and legal costs ind carrying out such transfer). Subject to the prov paragraph (1)(B) of this subsection, the Unite or a State shall not transfer title to material or p acquired under this subsection to any person, unl transfer is in the same manner as provided under 104 (h) of the Uranium Mill Tailings Radiation ( Act of 1978.

"(8) The provisions of this subsection respecting fer of title and custody to land shall not apply case of lands held in trust by the United States fo Indian tribe or lands owned by such Indian tribe ject to a restriction against alienation imposed by United States. In the case of such lands which are use the disposal of byproduct material, as defined in sec 11 e. (2), the licensee shall be required to enter into s arrangements with the Commission as may be appro ate to assure the long-term maintenance and monitor of such lands by the United States.

"c. Upon termination on any license to which this se tion applies, the Commission shall determine wheth or not the licensee has complied with all applicable stand ards and requirements under such license.67

"SEC. 84. AUTHORITIES OF COMMISSION RESPECTING CERTAIN BYPRODUCT MATERIAL.—

"a. The Commission shall insure that the management 42 U.S.C. 2014. of any byproduct material, as defined in section 11 e. (2), is carried out in such manner as

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"(1) the Commission deems appropriate to protect the public health and safety and the environment from radiological and nonradiological hazards associated with the processing and with the possession and transfer of such material,

"(2) conforms with applicable general standards promulgated by the Administrator of the Environmental Protection Agency under section 275, and

"(3) conforms to general requirements established by the Commission, with the concurrence of the Administrator, which are, to the maximum extent practicable, at least comparable to requirements applicable to the possession, transfer, and disposal of similar hazardous material regulated by the Administrator under the Solid Waste Disposal Act, as amended.

"b. In carrying out its authority under this section, the Commission is authorized to

67 Public Law 95-604 (92 Stat. 3033) (1978), sec. 202 (a), added sec. 83.

"(1) by rule, regulation, or order require persons, officers, or instrumentalities exempted from licens

ing under section 81 of this Act to conduct monitor- 42 U.S.C. 2111. -ing, perform remedial work, and to comply with such other measures as it may deem necessary or desirable to protect health or to minimize danger to life or property, and in connection with the disposal or storage of such byproduct material; and

"(2) make such studies and inspections and to conduct such monitoring as may be necessary.

Ante, p. 3033.

ny violation by any person other than the United States Civil penalty. any officer or employee of the United States or a State f any rule, regulation, or order or licensing provision, f the Commission established under this section or secion 83 shall be subject to a civil penalty in the same nanner and in the same amount as violations subject to civil penalty under section 234. Nothing in this section 42 U.S.C. 2282. affects any authority of the Commission under any other provisions of this Act.68

"CHAPTER 9. MILITARY APPLICATION OF ATOMIC ENERGY

"SEC. 91. AUTHORITY.

"a. The Commission is authorized to—

"(1) conduct experiments and do research and development work in the military application of atomic energy; and

"(2) engage in the production of atomic weapons, or atomic weapon parts, 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.

"b. The President from time to time may direct the Commission (1) to deliver such quantities of special nuclear material or atomic weapons to the Department of Defense for such use as he deems necessary in the interest of national defense, or (2) to authorize the Department of Defense to manufacture, produce, or acquire any atomic weapon or utilization facility for military purposes: Provided, however, That such authorization shall not extend to the production of special nuclear material other than that incidental to the operation of such utilization facilities.

"c. The President may authorize the Commission or the Department of Defense, with the assistance of the other, to cooperate with another nation and, notwithstanding the provisions of section 57, 62, or 81, to transfer by sale, lease, or loan to that nation, in accordance

Public Law 95-604 (92 Stat. 3039) (1978), sec. 205 (a), added sec. 84.
38-938-79- 4

Authority. 42 U.S.C. sec. 2121.

Prohibition.

42 U.S.C.

sec. 2122.

with terms and conditions of a program approved by the President

"(1) nonnuclear parts of atomic weapons provided that such nation has made substantial progress in the development of atomic weapons, and other nonnuclear parts of atomic weapons systems involving Restricted Data provided that such transfer will not contribute significantly to that nation's atomic weapon design, development, or fabrication capability; for the purpose of improving that nation's state of training and operational readiness; "(2) utilization facilities for military applications; and

"(3) source, byproduct, or special nuclear material for research on, development of, production of, or use in utilization facilities for military applications; and

"(4) source, byproduct, or special nuclear material for research on, development of, or use in atomic weapons: Provided, however, That the transfer of such material to that nation is necessary to improve its atomic weapon design, development, or fabrication capability: And provided further, That such nation has made substantial progress in the development of atomic weapons,

whenever the President determines that the proposed cooperation and each proposed transfer arrangement for the nonnuclear parts of atomic weapons and atomic weapons systems, utilization facilities or source, byproduct, or special nuclear material will promote and will not constitute an unreasonable risk to the common defense and security, while such other nation is participating with the United States pursuant to an international arrangement by substantial and material contributions to the mutual defense and security: Provided, however, That the cooperation is undertaken pursuant to an agreement entered into in accordance with section 123: And provided further, That if an agreement for cooperation arranged pursuant to this subsection provides for transfer of utilization facilities for military applications the Commission, or the Department of Defense with respect to cooperation it has been authorized to undertake, may authorize any person to transfer such utilization facilities for military applications in accordance with the terms and conditions of this subsection and of the agreement for cooperation.69

"SEC. 92. PROHIBITION.-It shall be unlawful, except 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

Public Law 85-479 (72 Stat. 276) (1958), sec. 1, added subsec. c to

sec. 91.

nic weapon. Nothing in this section shall be deemed modify the provisions of subsection 31 a. or section

70

CHAPTER 10. ATOMIC ENERGY LICENSES

71

required.

sec. 2131.

'SEC. 101. LICENSE REQUIRED.-It shall be unlawful, License cept as provided in section 91, for any person within 42 U.S.C e United States to transfer or receive in interstate mmerce, manufacture, produce, transfer, acquire, posss, use, import, or export and utilization or production cility except under and in accordance with a license sued by the Commission pursuant to section 103 or 104. "SEC. 102. UTILIZATION AND PRODUCTION FACILITIES FOR 42 U.S.C. NDUSTRIAL OR COMMERCIAL PURPOSES.

"a. Except as provided in subsections b. and c., or otherwise specifically authorized by law, any license hereafter ssued for a utilization or production facility for industrial or commercial purposes shall be issued pursuant to section 103.

"b. Any license hereafter issued for a utilization or production facility for industrial or comercial purposes, the construction or operation of which was licensed pursuant to subsection 104 b. prior to enactment into law of this subsection, shall be issued under subsection 104 b. "c. Any license for a utilization or production facility for industrial or commercial purposes constructed or operated under an arrangement with the Commission entered into under the Cooperative Power Reactor Demonstration Program shall, except as otherwise specifically required by applicable law, be issued under subsection 104 b.72

"SEC. 103. COMMERCIAL LICENSES.

"a. The Commission is authorized to issue licenses to persons applying therefore to transfer or receive in interstate commerce, manufacture, produce, transfer, acquire, possess, use,73 import, or export under the terms of an agreement for cooperation arranged pursuant to section 123, utilization or production facilities for industrial or

70 Public Law 85-479 (72 Stat. 276) (1958), 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."

1 Public Law 84-1006 (70 Stat. 1069) (1956), sec. 11, added the word "use.".

78 Public Law 91-560 (84 Stat. 1472) (1970), sec. 3, amended sec. 102, prior to amendment it read as follows:

"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 or commercial purposes, the Commission may thereafter issue licenses for such type of facility pursuant to section 103.

18 Public Law 84-1006 (70 Stat. 1069) (1956), séc. 12, added the word "use".

sec. 2132.

Commercial

licenses. sec. 2133.

42 U.S.C.

Medical
therapy and
research and
development.
42 U.S.C.
sec. 2134.

commercial purposes." 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 provi-sions 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 any 75 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 tothe common defense and security or to the health and safety of the public.

"SEC. 104. MEDICAL THERAPY AND RESEARCH AND DE

VELOPMENT.

"a. The Commission is authorized to issue licenses to persons applying therefor for utilization facilities for

74 Public Law 91-560 (84 Stat. 1472) (1970), sec. 4. amended the first sentence of sec. 103 a. Before amendment it read as follows:

"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, import, or export under the terms of an agreement for cooperation arranged pur suant to section 123, such type of utilization or production facility."

15 Public Law 84 -1006 (70 Stat. 1069) (1956), sec. 13. added the words "an alien or any" between the words "to" and "any" in the second sentence of subsec. 103 d. Addition of the word "any" was, of course, unnecessary.

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