Page:United States Statutes at Large Volume 92 Part 1.djvu/179

 PUBLIC LAW 95-242—MAR. 10, 1978

92 STAT. 125

the event that any nation violates the principles of the Treaty, including the detonation by a non-nuclear-weapon state of a nuclear explosive device; and (2) establish international procedures to be followed in the event of diversion, theft, or sabotage of nuclear materials or sabotage of nuclear facilities, and for recovering nuclear materials that have been lost or stolen, or obtained or used by a nation or by any person or group in contravention of the principles of the Treaty. TITLE III—EXPOKT ORGANIZATION AND CRITERIA GOVERNMENT-TO-GOVERNMENT TRANSFERS

SEC. 301. (a) Section 54 of the 1954 Act is amended by adding a new Post, p. 131. subsection d. thereof as follows: "^^ USC 2074. "d. The authority to distribute special nuclear material under this section other than under an export license granted by the Nuclear Regulatory Commission shall extend only to the following small quantities of special nuclear material (in no event more than five hundred grams per year of the uranium isotope 233, the uranium isotope 235, or plutonium contained in special nuclear material to any recipient): " (1) which are contained in laboratory samples, medical devices, or monitoring or other instruments; or "(2) the distribution of which is needed to deal with an emergency situation in which time is of the essence.". (b) Section 64 of the 1954 Act is amended by inserting the follow- 42 USC 2094. ing immediately after the second sentence thereof: "The authority to distribute source material under this section other than under an export license granted by the Nuclear Regulatory Commission shall in no case extend to quantities of source material in excess of three metric tons per year per recipient.". (c) Chapter 10 of the 1954 Act is amended by adding a new section 111 as follows: "SEC. 111. a. The Nuclear Regulatory Commission is authorized 42 USC 2141. 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 Supra. the same procedures established by law for the export licensing of 42 USC 2112. 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 Regula., tory 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 or their equivalent and any appli- Pos>., p. 136.

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