ase in medical therapy. In issuing such licenses the Commission is directed to permit the widest amount of effecive medical therapy possible with the amount of special nuclear material available for such purposes and to mpose 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. As provided for in subsection 102b. or 102c., or where specifically authorized by law, the Commission is authorized to issue licenses under this subsection to persons applying therefor for utilization and production facilities for industrial and 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.76 "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 States if, in the opinion of the Commission, the issuance 76 Public Law 91-560 (84 Stat. 1472) (1970), sec. 5, amended subsec. 104 b. Before amendment it read as follows: "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." Antitrust provisions. 42 U.S.C. sec. 2135. 26 Stat. 209. 15 U.S.C. 1-7. 28 Stat. 570. of a license to such person would be inimical to the mon defense and security or to the health and safe the public. "SEC. 105. ANTITRUST PROVISIONS. "a. Nothing contained in this Act" shall relieve person from the operation of the following Acts amended, 'An Act to protect trade and commerce ag unlawful restraints and monopolies' approved July ond, eighteen hundred and ninety; sections seventy-t to seventy-seven, inclusive, of an Act entitled "An Ac reduce taxation, to provide revenue for the Governme and for other purposes' approved August twenty-sev eighteen hundred and ninety-four; 'An Act to suppleme existing laws against unlawful restraints and mon olies, and for other purposes' approved October fifte nineteen hundred and fourteen; and 'An Act to crea a Federal Trade Commission, to define its powers a duties, and for other purposes' approved Septembe twenty-six, nineteen hundred and fourteen. In the eve a licensee is found by a court of competent jurisdictio either in an original action in that court or in a preceeding to enforce or review the findings or orders of ar Government agency having jurisdiction under the law cited above, to have violated any of the provisions of such laws in the conduct of the licensed activity, the Commis sion 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. "b. The Commission shall report promptly to the At torney General any information it may have with respect to any utilization or 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. (1) The Commission shall promptly transmit to the Attorney General a copy of any license application provided for in paragraph (2) of this subsection, and a copy of any written request provided for in paragraph (3) of this subsection; and the Attorney General shall, within a reasonable time, but in no event to exceed 180 days after receiving a copy of such application or written request, render such advice to the Commission as he determines to be appropriate in regard to the finding to be made by the Commission pursuant to paragraph (5) of this subsection. Such advice shall include an explanatory statement as to the reasons or basis therefor. "(2) Paragraph (1) of this subsection shall apply to an application for a license to construct or operate a utilization or production facility under section 103: Pro 77 Public Law 88-489 (78 Stat. 602) (1964), sec. 14, deleted the phrase ", including the provisions which vest title to all special nuclear material in the United States," which appeared after the word “Act”. vided, however, That paragraph (1) shall not apply to an application for a license to operate a utilization or production facility for which a construction permit was issued under section 103 unless the Commission determines such review is advisable on the ground that significant changes in the licensee's activities or proposed activities have occurred subsequent to the previous review by the Attorney General and the Commission under this subsection in connection with the construction permit for the facility. "(3) With respect to any Commission permit for the construction of a utilization or production facility issued pursuant to subsection 104 b. prior to the enactment into law of this subsection, any person who intervened or who sought by timely written notice to the Commission to intervene in the construction permit proceeding for the facility to obtain a determination of antitrust considerations or to advance a jurisdiction basis for such determination shall have the right, upon a written request to the Commission, to obtain an antitrust review under this section of the application for an operating license. Such written request shall be made within 25 days after the date of initial Commission publication in the Federal Register of notice of the filing of an application for an operating license for the facility or the date of enactment into law of this subsection, whichever is later. "(4) 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 for the advice called for in paragraph (1) of this subsection. "(5) Promptly upon receipt of the Attorney General's advice, the Commission shall publish the advice in the Federal Register. Where the Attorney General advises that there may be adverse antitrust aspects and recommends that there be a hearing, the Attorney General or his designee may participate as a party in the proceedings thereafter held by the Commission on such licensing matter in connection with the subject matter of his advice. The Commission shall give due consideration to the advice received from the Attorney General and to such evidence as may be provided during the proceedings in connection with such subject matter, and shall make a finding as to whether the activities under the license would create or maintain a situation inconsistent with the antitrust laws as specified in subsection 105a. "(6) In the event the commission's finding under paragraph (5) is in the affirmative, the Commission shall also consider, in determining whether the license should be issued or continued, such other factors, including the need for power in the affected area, as the Commission in its judgment deems necessary to protect the public Classes of facilities. 42 U.S.C. sec. 2136. interest. On the basis of its findings, the Com shall have the authority to issue or continue a as applied for, to refuse to issue a license, to re license or amend it, and to issue a license with su ditions as it deems appropriate. "(7) The Commission, with the approval of torney General, may except from any of the requir of this subsection such classes or types of licenses. Commission may determine would not significantly the applicant's activities under the antitrust la specified in subsection 105a. "(8) With respect to any application for a cons tion permit on file at the time of enactment into l this subsection, which permit would be for issuance v section 103, and with respect to any application fe operating license in connection with which a wr request for an antitrust review is made as provided in paragraph (3), the Commission, after consulta: with the Attorney General, may, upon determinat that such action is necessary in the public interest avoid unnecessary delay, establish by rule or ori periods for Commission notification and receipt of vice differing from those set forth above and may is a construction permit or operating license in advance consideration of and findings with respect to the matte covered in this subsection: Provided, That any constru tion permit or operating license so issued shall conta such conditions as the Commission deems appropriate to assure that any subsequent findings and orders of the Commission with respect to such matters will be give full force and effect.78 "SEC. 106. CLASSES OF FACILITIES.-The Commission may "a. group the facilities licensed either under sec tion 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 78 Public Law 91-560 (84 Stat. 1472) (1970), sec. 6, amended subsec. 105c. Before amendment it read as follows: "c. Whenever the Commission proposes to issue any license to any persons under section 103, it shall notify the Attorney General of the proposed license and the proposed terms and conditions thereof, except such classes or type 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 150a. 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 necessary to enable him to give the advice called for by this section." 'c. designate the amounts of special nuclear matel available for use by each such facility. >. 107. OPERATORS' LICENSES.-The Commission Operators' "a. prescribe uniform conditions for licensing dividuals as operators of any of the various classes f production and utilization facilities licensed in his Act; "b. determine the qualifications of such individials; "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 4 action desirable. licenses. national 42 U.S.C. SEC. 108. WAR OR NATIONAL EMERGENCY.-Whenever War or Congress declares that a state of war or national emergency. ergency exists, the Commission is authorized to sus- sec. 2138. nd any licenses granted under this Act if in its judgbent such action is necessary to the common defense and curity. The Commission is authorized during such eriod, if the Commission finds it necessary to the comon defense and security, to order the recapture of any pecial nuclear material 79 or to order the operation of ny facility licensed under section 103 or 104, and is uthorized 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. "ŠEC. 109. COMPONENT AND OTHER PARTS OF FACILI- Domestic TIES. activites licenses, issuance, authorization. "a. With respect to those utilization and production facilities 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 79 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. |