S.Amdt. 861

1. Adds SEC. 4__. PREVENTION OF MISUSE OF NUCLEAR MATERIAL AND TECHNOLOGY on page 150, between lines 14 and 15

   Adds a sectionPrinted page

   Inserted: SEC. 4__. PREVENTION OF MISUSE OF NUCLEAR MATERIAL AND TECHNOLOGY.

   Inserted: (a) Amendment.--Chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. 2201 et seq.) is amended by adding at the end the following:

   Inserted: "SEC. 170C. PREVENTION OF MISUSE OF NUCLEAR MATERIAL AND TECHNOLOGY.

   Inserted: "(a) Policy.--To successfully promote the development of nuclear energy as a safe and reliable source of electric energy, it is the policy of the United States to prevent any nuclear material, technology, component, substance, or technical information, or any related goods or services, from being misused or diverted from peaceful nuclear energy purposes.

   Inserted: "(b) Prohibition of Issuance of Certain Export Licenses.--Notwithstanding any other provision of law, no Federal agency shall issue any license, approval, or authorization for the export or reexport, or the transfer or retransfer, directly or indirectly, to any country the government of which is identified by the Secretary of State as engaged in state sponsorship of terrorist activities (including any country the government of which, as of September 11, 2001, had been determined by the Secretary of State under section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)), section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), or section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)) to have repeatedly provided support for acts of international terrorism) of--

   Inserted: "(1) any special nuclear material or byproduct material;

   Inserted: "(2) any nuclear production facility or utilization facility; or

   Inserted: "(3) except as provided in subsection (c)(2), any nuclear component, technology, substance, or technical information, or any related goods or services, that could be used in a nuclear production facility or utilization facility.

   Inserted: "(c) Nonapplicability and Waiver.--

   Inserted: "(1) Nonapplicability.--Subsection (b) shall not apply to the country of Iraq.

   Inserted: "(2) Waiver.--The President may waive the application of subsection (b)(3) to a country if the President determines and certifies to Congress that the waiver of that subsection--

   Inserted: "(A) is in the vial national security interests of the United States;

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   Inserted: "(B) is essential to prevent or respond to a serious radiological hazard in the country receiving the waiver that may or does threaten public health and safety; and

   Inserted: "(C) will not result in any increased risk that the country receiving the waiver will acquire nuclear weapons or any materials or components of nuclear weapons.

   Inserted: "(d) Revocation.--Any license, approval, or authorization described in subsection (b) issued before the date of enactment of this section is revoked.".

   Inserted: (b) Conforming Amendment.--The table of contents of the Atomic Energy Act (42 U.S.C. prec. 2011) is amended by adding at the end the items relating to chapter 14 the following:

   Inserted: "Sec. 170C. Prevention of misuse of nuclear material and technology.".

   Original wording

   On page 150, between lines 14 and 15, insert the following:

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As printed