Sec. 111. [Licensing by Nuclear Regulatory Commission of Distribution of Certain Materials by Department of Energy.—]

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## Sec. 111 **[**Licensing by Nuclear Regulatory Commission of Distribution of Certain Materials by Department of Energy.—**]** 25 a. The Nuclear Regulatory Commission is authorized 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 the same procedures established by law for the export licensing of 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. 25No section heading in original. ### 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 Regulatory Commission until

(1)the Department has obtained the concurrence of the Department of State and has consulted with 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 provision26 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 applicable criteria in subsection 128 are met, and that the proposed distribution would not be inimical to the common defense and security. 26The date of enactment was March 10, 1978. **[**[42 U.S.C. 2141](/us/usc/t42/s2141)**]**

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U.S. Code

Licensing by Nuclear Regulatory Commission of distribution of special nuclear material, source material, and byproduct material by Department of Energy
§ 2141

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Sec. 111

**[**Licensing by Nuclear Regulatory Commission of Distribution of Certain Materials by Department of Energy.—**]**

U.S.C.§ 2141

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Sec. 111. **[**Licensing by Nuclear Regulatory Commission of Distribution of Certain Materials by Department of Energy.—**]**

Sec. 111. [Licensing by Nuclear Regulatory Commission of Distribution of Certain Materials by Department of Energy.—]