Sec. 102. Denial of certain domestic licenses for national security purposes
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In this section, the term covered fuel means enriched uranium that is fabricated into fuel assemblies for nuclear reactors by an entity that— is owned or controlled by the Government of the Russian Federation or the Government of the People’s Republic of China; or is organized under the laws of, or otherwise subject to the jurisdiction of, the Russian Federation or the People’s Republic of China. Unless specifically authorized by the Commission in a license issued under section 53 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2073 ) and part 70 of title 10, Code of Federal Regulations (or successor regulations), no person subject to the jurisdiction of the Commission may possess or own covered fuel.
The Commission shall not issue a license to possess or own covered fuel under section 53 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2073 ) and part 70 of title 10, Code of Federal Regulations (or successor regulations), unless the Commission has first consulted with the Secretary and the Secretary of State before issuing the license. Subject to subparagraph (C), a license to possess or own covered fuel shall not be issued if the Secretary and the Secretary of State make the determination described in subparagraph (B).
The determination referred to in subparagraph
(A)is a determination that possession or ownership, as applicable, of covered fuel poses a threat to the national security of the United States that adversely impacts the physical and economic security of the United States. A determination described in clause
(i)shall be jointly made by the Secretary and the Secretary of State. Not later than 30 days after the date on which the Commission receives an application for a license to possess or own covered fuel, the Commission shall notify the Secretary and the Secretary of State of the application. The Secretary and the Secretary of State shall have a period of 180 days, beginning on the date on which the Commission notifies the Secretary and the Secretary of State under subclause
(I)of an application for a license to possess or own covered fuel, in which to make the determination described in clause (i). On making the determination described in clause (i), the Secretary and the Secretary of State shall immediately notify the Commission. Not later than 30 days after the date on which the Secretary and the Secretary of State notify the Commission under subclause (III), the Commission shall notify the appropriate committees of Congress of the determination. Not later than 15 days after the date on which the Commission notifies Congress under subclause
(IV)of a determination made under clause (i), the Commission shall make that determination publicly available. The prohibition described in subparagraph
(A)shall not apply if the Secretary and the Secretary of State do not make the determination described in subparagraph
(B)by the date described in clause (iii)(II) of that subparagraph. Nothing in this section alters any treaty or international agreement in effect on the date of enactment of this Act.
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Sec. 102
Denial of certain domestic licenses for national security purposes
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