938
PUBLIC LAW 703-AUG. 30,
1954
[68 S T A T.
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. I n any event, no license may be issued to any person within the United States if, in the opinion of the Commission, the issuance of a license to such person would be inimical to the common defense and security or to the health and safety of the public. " SEC. 105. ANTITRUST PROVISIONS.—
"a. Nothing contained in this Act, including the provisions which vest title to all special nuclear material in the United States, shall relieve any person from the operation of the following Acts, as amended, 'An Act to protect trade and commerce against unlawful restraints and 26 Stat. 209. monopolies' approved July second, eighteen hundred and ninety; sec15 USC 1-7. tions seventy-three to seventy-seven, inclusive, of an Act entitled 'An Act to reduce taxation, to provide revenue for the Government, and for other purposes' approved August twenty-seven, eighteen hundred 28 Stat. 570. and ninety-four; 'An Act to supplement existing laws against unlaw15 USC 8-11. ful restraints and monopolies, and for other purposes' approved 38 Stat. 730. 15 USC 12-27, 44; 18 USC 402; October fifteen, nineteen hundred and fourteen; and 'An Act to create a Federal Trade Commission, to define its powers and duties, and for 29 USC 52, 53. 38 Stat. 717. other purposes' approved September twenty-six, nineteen hundred and 15 USC 41-48. fourteen. I n the event a licensee is found by a court of competent jurisdiction, either in an original action in that court or in a proceeding to enforce or review the findings or orders of any Government agency having jurisdiction under the laws cited above, to have violated any of the provisions of such laws in the conduct of the licensed activity, the Commission 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 Attorney General any information it may have with respect to any utilization of 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. Whenever the Commission proposes to issue any license to any person under section 103, it shall notify the Attorney General of the proposed license and the proposed terms and conditions thereof, except such classes or types 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 105 a. 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 P u b l i c ation in the antitrust laws, and such advice shall be published in the Federal FR. 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. " SEC. 106. CLASSES OF FACILITIES.—The Commission may— "a. group the facilities licensed either under section 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 "c. designate the amounts of special nuclear material available for use by each such facility. .. m u ^ * >• oi s - . ..
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